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Backup Documents 03/24/2015 Item #16D8 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SI PP O TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO sl, 1 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 JAB 5/18/15 4. BCC Office Board of County —04 Commissioners /JS SW.(`- 5. Minutes and Records Clerk of Court's Office 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 Marlene Me am,Transportation Phone Number 252-5773 Contact/ Department Engineerin Agenda Date Item was 3/24/15 Agenda Item Number 16-D-8 Approved by the BCC Type of Document Resolution—after the fact grant application Number of Original One Attached 2OI --- a Documents Attached PO number or account n/a 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? Stamp OK JAB 2. Does the document need to be sent to another agency for additional signatures? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB 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 JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB 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 JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC onh fIS,an all changes made during the JAB meeting have been incorporated in the attac o `` nt. The County Attorney's `•pt" g'r Office has reviewed the changes,if applicable. : 1'l' 9. Initials of attorney verifying that the attached document is the version approved by the : is BCC,all changes directed by the BCC have been made,and the document is ready for the Ca `+ption for Chairman's signature. _ ,, ZZ .e line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 8 RESOLUTION NO.2015- 5 5 RESOLUTION APPROVING THE AFTER-THE-FACT SUBMITTAL OF AN APPLICATION FOR A GRANT TO THE COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION, COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, the Collier County Community and Human Services Division encourages the improvement of low-to-moderate income areas through the Community Development Block Grant(CDBG); and WHEREAS, Collier County desires to expand the only fitness center available to Immokalee to enhance the fitness opportunities for Collier County residents and visitors; and WHEREAS, Staff has requested that the Board of County Commissioners approve the after-the-fact submittal of a grant application on behalf of Collier County and to authorize the County Manager or designee to accomplish the goals of such a grant, if awarded to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: The Board of County Commissioners authorizes Chairman signature of this Resolution, after-the-fact approval of the grant application, attached hereto, and authorizes the County Manager or designee to administer the grant on behalf of the Board, if it is awarded, with all understandings and assurances contained therein. This Resolution adopted this 72-44M- day ofF � ,2015, after motion, second and majority vote in favor of adoption. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By ®-'.� ..:w JA y Attest as to ChatFtlt�af puty Cl i Tim Nance, Chairman sioature'©nIy, pproved as to form and legality: Jennifer A. Bel -• o 0 2 „)\` 1 6 0 8 Colter County Office of Management& Budget Grant Application Reviewed and Approved by County anager,or desi: -e: 410 C•41,Manager C'S date After-the-Fact Approval by the BCC is required at the March 10,2015 BCC meeting TO: Leo Ochs,County Manager CC: Barry Williams,Parks and Recreation Director FROM: Joshua Thomas,Grants Support Specialist ko, SUBJECT: County Manager review and approval of a 2015 Community Development Block Grant application sponsored by the Office of Housing and Urban Development in the amount of$516,816. February 13,2015 The Collier County Parks and Recreation Department is applying for Community Development Block Grant funding through Collier County Community and Human Services(CHS)to renovate the existing facility at the lmmokalee Sports Complex to double its current size. The current facility is often crowded due to the lack of existing facilities elsewhere in Immokalee. Renovating this facility will allow for improved conditions in the small,cramped fitness center and increased space for fitness activities.The expansion will involve redesign of the existing facility and rehabilitation of the existing storage facility adjacent to the facility. A portion of the project will be to demolish the existing breezeway leading from the main Sports Complex to the Fitness Center and install a new breezeway. There is no match requirement for this grant,however,Parks and Recreation is matching$24,353 for project administration. Matching funds are available in Parks and Recreation operating Fund Ill. Funding was announced December 31,2014 and the application is due February 18,2015. Due to the short turnaround,we are asking your approval to submit the application to CHS, followed by after the fact approval by the Board of County Commissioners at the March 10,2015 BCC meeting. Once you have reviewed the application,please sign in the box above and in the marked areas throughout the application and call me for pickup at 239-252-8989. Thank you,and please let me know if you have any questions regarding this request. t r, o• co/INN 3299 Tamiami Trail East,Suite 201 Naples,Florida 34112-5746.239-252-8973.FAX 239-252-8828 160 8 APPLICATION CHECKLIST Immokalee Sports Complex Fitness Center: Phase II insert on's Name and Project Name INSTRUCTIONS AND APPLICATION CONSIDERATIONS FOR COMPLETING THIS APPLICATION ARE IN THE SEPARATE APPLICATION GUIDE. COLLIER COUNTY FISCAL YEAR 2015/2016 HHVS GRANT APPLICATION COVER CHECKLIST Place this checklist on top of the application. Submit the following pages in the order outlined below plus required exhibits and any attachments. APPLICATION CHECKLIST • Applicant Information • Agency Organization Information A Project Summary Information National Objectives • Indicator Activity Code(HUD Matrix Codes) 121 Impact on Collier Countys Priority Needs • Project Description and Goals 111 Project Implementation Plan and Readiness to Implement I Experience and Capacity 2 Financial Management and Budget Budget Summary and Itemization Sheet-Operating and Services Budget Summary and Itemization Sheet-Construction and/or Rehabilitation Ej Budget Summary and Itemization Sheet—Land Acquisition and/or Property Management 0l Estimated Program Income • Leveraged or Match Funds A Environmental Issues Exhibits BEt OW ARE REQUIRED APPLCATION COMPONENTS, COLLIER COUN Tv RESERVES THE RIGHT TO REJECT AN APPLICATION THAT IS DEEMED TO HAVE SUBS 1ANTtALL' FAtLEL TO SATISFY THESE REQUIREMENTS, LACK OF SUBMISSION OF SEVERAL ELEMENTS WILL RESULT IN APPLIcATION REJECTION. 501(c)(3)IRS Tax Exemption Letter Articles of Incorporation By-Laws 1 Organizational Chart List of Board of Directors ri Resumes, Pay Scales with Job Descriptions Ell State of Florida Certificate of Good Standing Board Resolution authorizing submittal of grant application 11 Preceding 2-year completed audits including management letter and findings Acknowledgement Letter Affidavit of Compliance with Federal,State,Local Regulations IA Certification of CDBG/HOME/ESG Funded Construction/Rehabilitation Projects Acknowledgement of Religious Organization Requirements(attached) Certification Regarding Debarment,Suspension, Ineligibility Voluntary Exclusion 160 8 - Procurement Policy Match documentation LI Internal Revenue Service Form 990—First 12 pages of the last 2 years ri Executed Addendum 1 AS APPLICABLE LI Verification of site plan/plat approval LII Verification of zoning Location map/photo of site Floor plans Ej Relocation plan associated with Uniform Relocation regulations Market Study—Required for HOME application 0 Project P/o-fhrma—ReguiredfVr HOME application 160 8 Section 3: AGENCY ORGANIZATION INFORMATION - ------------ ------ |syour organization aprivate non-profit with SOl/c\ (3) status? Yes No 0:: Years in Operation: 92 years Yes No �� F� �� If your organization or agency faith based? If yes, all faith-based organizations must complete Yes No and attach Acknowledgement of Religious Organization Requirements Form. — . Agency has written personnel, fiscal/procurement & implemented policy? (Community and Yes No Human Services vvi8r�v|�vvup�navvard) p�1 E Agency has a written operating procedures manual? I Yes No nnnnunityandHVD1�DServices wjUr�Vi�VvWpD n] | K� L -------- -------------'--- -- For all ESG applications, Agency MUST participate in the Continuum of Care Homeless Yes No Management Information System ( L I I p�1 Is your organization applying as a Community Development Housing Organization (CHDO)? If Yes No so, must have certification xvi�happ|i�ationforcer1i�cationtoguaUfy. Section 4: NATIONAL OBJECTIVES (Select One and Provide Justification. See Application Guide for additional information) Which one of the three National Objectives will this project target? X Benefits low and moderate income persons(24 CFR 570.208(a)) For the National Objective that principally benefits low and moderate income persons is selected, describe how the activity will address ONE of the subcategories listed below: 1) Area Benefit Activity — Tho5n projects carried out in a neighborhood consisting predominantly of LMI persons and providing services for such persons, yet could be available to other non-income eligible persons in the area. See Appendix 10 map showing LMA areas located within Collier County. This information can be documented by documenting that the area is primarily residential (e.g., zoning map); and that the income characteristics of households in the service area (i.e.,Census data) 2) Limited Clientele Activity—Those that benefit a specific group of people (rather than all the residents in a particular area) who are, or presumed to be, income eligible. In order to meet the LMI Limited Clientele criteria, the activity must: serve at least 51% LMI, as evidenced by documentation and data concerning beneficiary family size and income; have income eligibility requirements which limit the service to persons meeting the LMI income requirements, as evidenced by the administering agency's procedures, intake/application forms, income limits and other sources of documentation; serve a specific group presumed by HUD to be income-eligible include: abused children, battered persons, elderly persons, handicapped adults, homeless persons, illiterate persons, migrant farm workers and persons living with AIDS; and be of such a nature and in a location that it may be concluded that the activity's clientele are 160 8 COLLIER COUNTY COMMUNITY AND HUMAN SERVICES GRANT APPLICATION NOTE: INSTRUCTIONS FOR COMPLETING THE APPLICATION APPEAR IN THE APPLICATION GUIDE DOCUMENT. SCORING CRITERIA IS ALSO IN THE GUIDE. Section 1: APPLICANT INFORMATION Organization Name: Collier County Board of County Commissioners Organization Mailing Address: 3299 Tamiami Trail East Naples, FL 34112 Physical Address if different: N/A Phone: 239-252-4035 Contact Person/Title: Barry Williams, Director, Parks and Recreation Contact Email Address: barrywilliams( colliergov.net Federal Tax ID tt: 59-6000558 DUNS#: 076997790 Section 2: PROJECT SUMMARY INFORMATION Public Service Request: $516,816 Year One: $516,816 Year Two: $ N/A (Optional) Non Public Services Project Funding Request$ Depending on the number of applications,there may be some instances where CHS decides to award less than the requested amount of the application. Will the organization accept a lesser amount? Yes Z No0 If so,what would be the amount acceptable? Would like the opportunity to discuss if that became relevant. Type Requested: CDBG X HOME ESG Total Project Cost: $516,816 160 8 3) Income Eligible Housing Activity – These projects add or improve a permanent residential structure wherein, upon completion, income eligible persons will occupy 51%or more of the housing units. 4) Job Creation or Retention Activity–A project which creates or retains permanent jobs, of which at least 51%are either taken by or available to income eligible persons. JUSTIFICATION: Immokalee Florida is a Low and Moderate Income Area (LMA) in Collier County (see Exhibit A). As shown below, the Immokalee Sports Complex is centrally located within this LMA, which is predominantly inhabited by LMI persons. The racial makeup of the community is as follows: Race mm Percentage of Community Hispanic 70.98 African American 18.03 White3.19 Native American _ — 1.03 Asian 020 Pacific Islander 0.19 Other races 6.38 There were 4,715 households with the following composition: Family Category Number of each category Children under the age of 18 living with them 49.7% Married couples living together E 45.5% Female householder with no husband present 20.0% Non-families 22.9% Just individuals 13.1% Livin_alone and <65 ears or older 3.9% Average family size 4.10 Related to income the following represents the area: Household information Amount/Percents•e Median household income $24,315 Median income for a family $22,628 Percent of families below the poverty line 34.6% Percent of Io.ulation below the poverty line 39.8% Percent of those under age 18 below the poverty line I 46.1% Percent of those over age 65 below the poverty line 26.9% 1 6 0 8 , •I''''::\12,::177:1:1ee:17::Googie maps „„••VVN4'. 4" ,,,u4N ‘.*i.• t I . ,,,: ,,,,,,, r „tt,':•., ,,,e :, ,NNA,\INI, ‘ , , ... _ i V a 4 4 t. 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Physical deterioration of buildings/improvements; b. Abandonment of properties; c. Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; d. Significant declines in property values or abnormally low property values relative to other areas in the community; or e. Known or suspected environmental contamination 2) Public improvements throughout the area are in a general state of deterioration. Documentation must be maintained by the grantee on the boundaries of the area and the conditions that qualified the area at the time of its designation. The designation of an area as slum or blighted must be re- determined every 10 years for continued qualifications. e'deterrninedevery1Oyearsfmrcnntinuedqua|ifications. JUSTIFICATION: N/A - - Qua|ifiesmsacertNYed urgent need (24 CFR 570.208(c)) For the National Objective that principally qualifies as a certified urgent need is selected, describe how the activity will address ONE of the subcategories listed below: It is possible for public services activities to qualify under this National Objective if the public services are designed to alleviate existing conditions that pose a serious and immediate threat to the health or welfare of the community and following conditions are met: 1) The conditions are of recent origin or recently became urgent; and 2) The grantee is unable to secure other funds to support the activity. JUSTIFICATION: N/A 1 6 0 8 Section 5: INDICATOR ACTIVITY CODE (HIJD MATRIX CODES) S&ect one of the HUD Activity Codes listed 08F below that best reflects the proposed p 'ect: See Appendix 4 for more complete description description of matrix codes, If project reflects more than 1 matrix code, must submit multiple applications. I Code 1 Activity Description Code Activity DescriptionAcquisition,Disposition,Clearance,Relocation 01 Acquisition cfReal Pmpe,� 02 Disposition � - 04 Clearance, Demolition Remediate 04A Clean-up of Contaminated Sites (570.201(d)) 08 Relocation Administration and Planning 30 Planning 21Aneral Program Admina Administration 21B Indirect Costs 21C Public Information 21D Fair Housing Activities 21E Submissions orApplications forFede,a|Prugmmo Econornic Development 14E Rehab: Publicly or Privately Owned 17A Commercial/Industrial Land Commercial/Industrial Acquisition/Disposition 178 Commercial/Industrial Infrastructure 17C Commercial/Industrial Building Acquisition- Development Construction Rehab 170 Other Commercial/Industrial 18A Economic Development-Direct Financial Improvements / Assistance to for-profit businesses 18B Economic Development Technical 18C MicroEnterprise Assistance Assistance HOusing 12 Constructionof Housing � 13 DirectH�e�n��p��ne __- _-- 14A Rehab:Single-Unit Residential _ ` 148 Rehab:Multi-Unit Residential 14C Public Housing Modernization 14D Rehab'Other Public-Owned Residential Building 14F Energy Efficiency Improvement 14G Acquisition-for Rehabilitation 14H Rehabilitation Administration Lead-Based/LeadH��m� 16A ResidentialHigohc�preeemation 19E Operation and Public and acilit 03 Public Facilities and Improvements 03A Senior Center (General) 03H Handicapped Centers 03C Homeless Facilities(not operating costs) 03D Youth Centers 03E NeighborhoodFocU}bes 03F Parks,Recreation Facilities 036 Parking Facilities 03H Solid Waste Disposal Improvements 031 Flood Drain Improvements 03J ` Water/Sewer Improvements 03K Street improvements U�L Sidewalks 03M Child Care 03N Tree Planting 030 Fire Stations/Equipment 03P Health Facilities 03Q Abused and Neglected Children Facilities 1608 03R Asbestos Removal 035Fack�es�n/UD�padeot (notoper�|nQxos� OSTO�r��sHom�+�—�DS�Uen� -- --- Public Services 05 Public Services(General) 05A Senior Services 058 Handicapped Services 05C Legal Services 05D Youth�en�ces OSE Transportation Services 05F Substance Abuse Services 05G Battered and Abused Spouses 05H Employment Trining 051 Crime Awareness OB Fair Housing Activities 05K Landlord/Tenant Counseling 05L Child Care Services OSPW Health Services ! 05N Abused and Neglected Children 050 Mental Health Services ' 05P Screening for Lead-Based Paint/Lead Hazard - Poisoning 05Q Subsistence Payments 055 Rental Housing Subsidies O50 Homeownership Assdirect) 05T Security Deposits OW Neighborhood Cleanup 05VV Food Banks Other 07 Urban Renewai Completion 09 Loss of Rental Income 11 Privately Owned Utilities 15 Code Enforcement 19C Non-.rofit organizational capacity building 22 Unprogrammed---funds 168 Non-Residential Historic Presenmtion 08 Relocation 06 Interim Assistance 21H CDBG Funding for HOME Administration 211 CDBG Funding for HOME CHDOOperadng ' Costs * Should selected matrix code conflict with Consolidated Plan,those prjects will not be funded. Emergency Solutions Grant Matrix CodeCode Activity Activity Description ESG15 | # 1 Street Outreach | ------- - - � ESG15 | # 2 Shelter Operations ESG15 #3 Homeless Prevention ESG15 #4 Rapid Re-Housing -- | ---- ESG15 #5 Data Collection (HMIS) 1608 Section 6: PROJECT DESCRIPTION AND GOALS This project seeks to renovate the existing facility at Immokalee Sports Complex to double its current size. The current facility is often crowded due to the lack of existing facilities elsewhere in lmmokalee. It is anticipated that renovating this facility will allow for improved conditions in this small, cramped fitness center and increasing the space used for fitness activities. The expansion of the Immokalee Sports Complex Fitness Center will involve redesign of the existing facility and rehabilitation of the existing storage facility adjacent to the facility. The Department has contracted Disney Associates, PA to provide a conceptual design of the renovation and can be found in Exhibit B. In addition, the Department at the time of this grant application was finalizing approval of Phase I of the Immokalee Sports Complex Expansion. This will complete the design and permitting necessary for the construction of the expansion associated with this grant request. In examining the proposed conceptual design,the facility would he expanded through developing an opening with the existing facility into the adjoining storage space. Bathrooms would be added to the facility in addition to windows lbr exposure of participants to natural light and views of the surrounding neighborhood. Given the age of the facility, the expansion would also include upgrading existing fire suppression devices, air conditioning, and sewer and utility connections. A portion of the project would to be to demolish the existing breezeway leading from the main Sports Complex to the Fitness Center and install a new breezeway. Upon successful expansion of the project, the Department will demonstrate an increase in overall capacity from 40 participants to 80 participants. Participants will also participate in a before and after survey to assess their level of satisfaction of the fitness center. Project goals will demonstrate an appreciable (>10% increase in satisfaction) after completion of the project. This project will be directly connected to the National Objectives of serving individuals and families who are LMI and in the development of this important Community/Public Facility. Section 7: IMPACT ON COLLIER COUNTY'S PRIORITY NEEDS NOTED IN THE APPLICANT GUIDE The project is consistent with meeting National Objective #1 and will serve principally those who are I,MI, i.e., earning at or below 80% of the median income. This is a public facilities initiative that seeks to expand existing fitness center facilities at the Immokalee Sports Complex. Naples Community Hospital has championed both the concept of"Blue Zones" and through the Safe and Healthy Children's Coalition of Collier County the concept of healthy lifestyles in our community. In addition, the Health Planning Council of Southwest Florida, Inc., in 2013 on the Health Assessment of Collier County, prevention and management of chronic illnesses, particularly for low income residents was cited as a top concern. Preventative methods that help combat such chronic conditions, such as obesity, type 2 diabetes, heart disease, etc. include aerobic and cardiovascular training such as weight lifting and use of fitness equipment. Currently, the only fitness center in the town of Immokalee is one located at the lmmokalee Sports Complex and operated by the Collier County Parks and Recreation Department. This facility has seen an increase in membership in the last three years and in FY 14 provided 3,271 memberships. The facility itself is an original part of the Immokalee High School that was built in the 70's and was converted to a fitness center by the Parks and Recreation Department in the 90's. The project seeks to renovate the existing facility by expanding the fitness center into what is now the adjacent storage area. In addition, the entire facility will be renovated to upgrade and meet current codes related to public facilities. 160 8 The lack of another type of facility from the private sector has created excessive demand on the Immokalee Sports Complex Facility to the point that it has become crowded and over utilized. Space limitations brought by the existing facilities require expansion and the potential exists to double the size of the facility with CDBG funding. The Department has received numerous requests to upgrade the facility due to the current age and use of the facility and is identified as a priority need within the Immokalee Community. Section 8: EXPERIENCE AND CAPACITY The applicant has successfully completed two CDBG projects. The first project is the Senior Center expansion located at East Naples Community Park. The second is the Immokalee South Park Community Center. Both of these projects are construction, expansion projects to benefit EMI neighborhoods to serve children, adults, and seniors. The Department is also been granted approval for Phase I of the immokalee Sports Complex Fitness Center design and permitting of the renovations. With this experience, the Department has developed capacity to manage these types of complex, federal grants to completion. Currently,the Department Director oversees the entire Parks and Recreation Department and ensures timely completion of contractual responsibilities associated with the Department. The Operations Manager oversees the financial aspects of the Department and will be responsible for overseeing appropriate documentation for all aspects of the grant if awarded. The Department's Operations Analyst has direct responsibilities for the specific grant reporting duties. Each of these individuals through the development of applying, receiving, and managing CDBG funds and working with the Housing, Human, and Veteran Services have developed necessary experience to support this project. The Department engages in Ethics training from the Collier County Board of County Commissioners and understands the various elements to avoid any perceptions of conflict of interest in managing a project of this nature. Procurement of services for construction is governed by local ordinance, and the Department will continue to work closely with the Collier County Purchasing Department to ensure products and services associated with these funds are procured competively, consistent with Federal regulations, and efficiently. List all prior year awards of CDBG/HOME/ESG funding. Start with the most recent funding years. If none, mark this box: FL- ! Fiscal Year Amount of Award Clients Served Project Location FY 15 $94,500 2,500 Immokalee FY 14 $775,000 2,500 Immokalee FY 05 $563,000 1,000 East Naples Section 9: ADDITIONAL PROJECT SPECIFIC INFORMATION Note: Answer the questions in one of the following 3 sections,as applicable to your application. LAND ACQUISITION/PROPERTY MANAGEMENT • Discuss how the value of the property is less than or equal to the appraised value. 160 $ . • Indicate whether there will be a mortgage after funding is used to acquire property. If so, provide clear and concise details of the mortgage terms, i.e.,timeframes, interest rates, etc. • Discuss how the participants in the facility will meet one of the national objectives, how the organization will document the participants will meet the objectives. • Identify if there are any potential conflicts of interest in the land acquisition process. • Discuss whether there are existing occupants on the site to be acquired. o Describe how and when they will be relocated. Note: All land purchases are subject to the Uniform Relocation Act even if there are no occupants on site. o Describe the organization's plan to notify tenants and owners of relocation. • Discuss the zoning on site and if there needs to be a zoning change, outline the steps and timeframes. As applicable provide a timeline and specific steps that will be taken to begin the construction phase of the new facility. o Is the project in a County/City right of way? If so, provide a letter giving permission to use the right of way. • If known, provide postal address of the property. List all addresses for scattered site developments. • If known, provide the legal description of the property and attach the legal description as an Exhibit • If known, demonstrate site control through such documents as fee simple, lease, option (include type and period) and any other type of site control documentation. • If funding will demolish existing housing units and be replaced with new construction, explain how the new units will be made available to low/moderate income individuals/families. Project must ensure a replacement unit is constructed for each unit demolished. This could include but not limited to, a marketing plan, advertisements, etc. N/A CONSTRUCTION/REHABILITATION Immokalee Sports Complex is located at 505 East Escambia Street in Immokalee. The physical location is central to the town of Immokalee and walk able to a number of residents who live in this community thus the popularity of the fitness center. Many participants who use the current fitness center are LMI individuals and families. Currently, membership at the facility is approximately 3,000. The Department will demonstrate an increase in memberships at Immokalee Sports Complex. It is anticipated that by expanding and renovating the fitness center, an additional 300 memberships will be provide as well as increased satisfaction by the current members of the facility. 1 6 8 The Department will provide a pre- and post evaluation of satisfaction of the facility OPERATING AND SERVICES • Identify if the request is for the same program as previously awarded from Collier County or another federal funding source. • If the project is an existing project, explain in detail how this is an expansion. HUD funding will not be provided to an on-going existing service unless there is expansion. • If the prjectisusingaunitrate, CHSnnvstapprPvetheunitra1epriortosubnoiss|mnoftheapp|ication. • Identify if the project has an existing agreement with another party to provide services under the prospective subrecipient agreement in place prior to the application. If so, provide details on how the contract was procured and what services are provided. • Provide documentation that the organization has site control of the location if providing staff assistance, overhead expenses, etc. A copy of an executed lease for space would be an indication of site control. w Public Services prjectsareidenti8edintheK4atrix [ode|ocatmdonPage12mftheappUcation (Matrix Codes 05-05W). N/A 1608 Section 10: ENVIRONMENTAL ISSUES Environmental Reviews (ERR) are required for each project. Be sure to include time and cost of the ERR in the budget and project timeline. If completed within the last three years for the project, attach it with the application. Note: If any of the below items is marked yes, provide an explanation of how the proposed project and surrounding environment are affected. EXPLANATION: Check the appropriate item to the best of your knnwledae as It pertains to the proposed activity. a. Project/property is located on a historical or archeological site. YesF—' NoI2 b. Project/property is in the 100—year flood plain. YesI4 No c. Project/property is in a wetlands area. Yes[—1 NOZ d. Project/property is in a coastal barrier area. Yes( | No�� e. Project/property is within a half-mile of an airfield. Yes[—` 0oZ f. Project/property is near storage or manufacturing facility of industrial products. Yes -- Npp�' -- ' ` g. Project/property is on or near soil contaminated by diesel/fuel or gasoUne. Yes l N0Z h. Is the proposed activity expected to impact the environment in any negative manner or pose a hazard or nuisance? Yes[-- No i. Are any endangered or threatened or listed species located on the � proposed prject site? Yes No�0 j. Are there any environmental concerns or impediments associated with the proposed activity? If yes, please provide detail. Yes-1 NoZ k. Is the proposed activity expected to adversely affect the environment? Yes( | No I. Prject/property is on a properly zoned site. If not properly zoned, please explain. YesZ No/��/ m. Project/property is on or near soil contaminated by diesel/fuel or gasoline. YesF—' Non 1 6 0 8 Section ii: PROJECT IMPLEMENTATION PLAN AND READINESS TO IMPLEMENT NOTE: The timeline must demonstrate significant consideration of all tasks required; the duration, responsible party and the necessary sequence of events. Number of Days Date ! --- Tasks to Complete Completed/Anticipated Responsible Party Date* (Month and Year) Environmental review Completed during October 2015 Facilities Management Phase I Acquisition N/A N/A N/A Loan application N/A N/A N/A Enforceable N/A N/A N/A commitment Closing/Disbursement N/A N/A N/A Other N/A N/A N/A Grants/Sources: Type and Source: Application Closing&Award Design/Conceptual Completed during October 2015 Facilities Drawings Phase I Management/Design Contractor Architectural Plans Completed during October 2015 Facilities Management Phase I Zoning approvals 180 days April 2016 Facilities Management (PUD, rezoning, conditional use, variance, site development plans, etc) Construction plans Completed during October 2015 Facilities Phase I Management/Design Contractor Permits 180 days April 2016 Facilities Management Anticipated start date 180 days Start April 2016 Facilities for construction Management/Construction Contractor Construction 30 days May 1, 2016 Facilities Management milestones Demolition of existing 60 days June 1, 2016 rewiring/plumbing 1 1 6 0 - center 120 Complete August 1,2016 interior finishes 180 days re-install September 30,2016 equipment Construction 300 days July 31, 2016 Facilities complete Management/Construction Contractor Certificate of 330 days August 30, 2016 Facilities Occupancy Management/Construction 1 Contractor Equipment purchases 330 days August 30, 2016 Facilities for operating facility i Management/Construction Contractor Facility opening 360 days September 30,2016 Facilities Management/Construction Contractor The Parks and Recreation Department's construction projects are managed through a sister Department, Facilities Management. The Facilities Management Department is directed by Dennis Linguidi. His Principal Project Manager is Hank Jones, PA, who would oversee the project in conjunction with Mr. Robert Fuentes. Both Mr. Jones and Mr. Fuentes have considerable experience in construction projects of this nature. Mr. Fuentes was responsible for the project management associated with another CDBG funded project at Immokalee South Park Community Center. The Department will complete an environmental study of the renovation area during Phase L The Parks and Recreation Department will engage the various permitting agencies in order to obtain necessary permits to move forward with the renovation, which will include the Collier County Growth Management Department, Immokalee Fire District, and any other state or federal regulatory agencies that have specific permitting responsibilities as it relates to this expansion. 1 6 8 Section 12: FINANCIAL MANAGEMENT (Not to exceed one page plus complete the below chart) The Department has successfully managed two previous, CDBG funded construction projects— East Naples Community Center, Senior Center Expansion, and Immokalee South Park Community Center. The Department has also received authorization for additional funding for the Phase I of the Inunokalee Sports Complex Renovation. The Department currently operates three fitness facilities at North Collier Regional Park, Golden Gate Community Park, Max Hasse Community Park in addition to the one at Immokalee Sports Complex. Currently funding is used to maintain existing facilities within the Collier County Parks' system and prioritized according to needing to maintain public safety concerns. A project of this type is not considered an immediate public safety concern; however, due to the popularity of the fitness center as demonstrated by increased membership, the current facility is crowded to capacity. The Department has the Immokalee Sports Complex on its 5-year, Capital Improvement Plan; however, this plan is prioritized each year due to lack of sufficient funding for all needed improvements. Due to the size of the funding required and other priority projects, this project has not been successful in obtaining funding. Upon successful completion of this project, the programmatic aspects of providing fitness training, aerobic classes, and personal instruction will continue. The Department employs fitness staff, who will continue to provide these types of services to the public who use these facilities. The Department's has an Operations Manager, who has an MBA and forensic auditing background. Within her section, the Operations Manager employs an Operations Analyst who will provide oversight of the fiscal responsibilities of the project. The Parks and Recreation Department follows the Purchasing Department's ordinance related to Purchasing as well as the oversight from the Finance Department associated with the Collier County Clerk of Courts. The Clerk of Courts is a separate entity from the Collier County Board of County Commissioners and has an internal audit function that is available to ensure accountability of funds. Financing Commitments for Construction Projects Only: All applicants must provide evidence of commitments from all other funding sources for the project. See below for specific requirements and attach commitment letters as Exhibit 1 and separate each by lettered tabs. Applicants must provide documentation of all financing proposals from both the construction and permanent lenders, equity proposals from the syndicator and other sources of funding. Financing proposals must indicate if they are for construction or permanent financing or both. For a proposal to meet threshold, all exhibits referenced in the proposals must be included. 17 160 8 [-- — For purposes of this application, neither net operating income nor capital contributions will be considered as a source of financing. All funding commitments, regardless of whether the documentation is in the form of a firm commitment, proposal,term sheet, or letter of intent, must meet the following criteria. Each financing proposal must contain: • The amount of the construction loan, if applicable; • Amount of the permanent loan, if applicable; • Specific reference to the Applicant as the borrower or direct recipient; • Signature of all parties, including acceptance by the applicant; • A statement that includes the commitment, proposal or letter of intent does not expire before a date that is twelve (12) months after the Application Deadline for the Application deadline, with the exception of tax-exempt multifamily bonds issued by an entity other than the-Florida Housing Finance Agency; and • Terms including proposed interest rate. N/A FINANCIAL MANAGEMENT Agency maintains the following records: Cash Receipts Journal Yes IF Nuu Cash Disbursements Journal Yes kJ NoD General Ledger YesZ NOD Charts of Accounts Yes Wou Payroll Journal and Individual Payroll Records Yesri NoEl Individual Personnel Files Yes NoFl Written Procurement Procedures Yes PI NnE] Capital Inventory Yes mo0 Written Travel Policy YesZ NuFl Property Control Policy and Records Yes Fr NnE Agrees to submit complete audits every year during contract. YesNnD Agrees to retaining all prject records for the applicable time period as outlined in applicable regulations Yes AI NnFl 18 160 8 -- | Section 13: OUTCOMES AND PERFORMANCE MEASURES Outcome 1;AvailabU�v—'^� Outcome 2: Outcome 3: Accessibility Affordability Sustainability Objectives #1 Suitable Fitness Center will provide Fitness Center will Fitness Center Uvin� increased access to residents of provide services to through program Environments |rnnnnka|ee, which is a LMI LMI individuals to income will provide community maintain healthy fit support for lifestyles individuals in Immokalee where no other public fitness facility currently i Bx��. �� — -- -- #2 Decent N/A N/A N/A Housing #3 Economic N/A N/A N/A Opportunity The Department will demonstrate an increase in memberships at Immokalee Sports Complex. The current overcrowded facility provides 3000 memberships to residents of Immokalee. It is anticipated that by expanding and renovating the fitness center, an additional 300 ! � memberships will be provide as well as increased satisfaction by the current members of the facility. The Department will provide a pre- and post evaluation of satisfaction of the facility using a "survey monkey" tool devised by the Parks and Recreation evaluation team. The measures will demonstrate increased satisfaction upon completion of the center and reopening to existing members. The Department has operated the current facility for many years and charges user fees to those who are members of the facility. The remainder of the operating expenses is borne by unincorporated general funds appropriated by the Collier County Board of County Commissioners. It is anticipated that this funding will continue in the future to sustain the program. 1 19 1608 The renovations of the center will increase satisfaction for those who use the facility. The entire community of Immokalee falls within what is considered a LMA. See Appendix that shows LMA areas in Collier County. Given this, this project will assist LMI persons and provide services to those in the LMA area. Providing a decent, fitness facility will encourage those who use the facility to continue to do so and maintain their health, while at the same time encouraging more individuals to also participate. As part of the Blue Zone community, Immokalee is deficient in opportunities for its residents to use fitness equipment. Currently this facility is the only one in the Immokalee area serving LMI persons. Section 14: BUDGET BUDGET SUMMARY SHEET See Attached: 1 ! l ' 20 1608 BUDGET SUMMARY AND ITEMIZATION SHEET—CONSTRUCTION AND/OR REHABILITATION Project Name: Immokalee Sports Complex Fitness Center: Phase II Agency Name: Collier County Board of County Commissioners Funding Year: FY2015-2016 Project CDBG/ Other Leveraged/Match Total Budget Deliverables Components - HOME/ESG Funds Narrative Detail/Itemiza Funding tion by Line Item* Construction of Project S475,000 N/A Nf A $475,000 Cost for Renovated construction Fitness Center based on $237.50 per square foot Pcmins. Impact Fees, $10,000 N/A NA SI0,000 Permits/Fees 100% of impact and contingency to begin fees paid and construction permits in hand Fiscal Technician x $31,816 NIA $31.816 Fiscal 100°,0 compliance $15.2962 x 1.0(FTE) technician will with project re%ICA and requirements process certified payroll for compliance Construction Total $516,816 7l N/A NIA $516,816 j NIA N/A *Provide detail on how the funding request was determined. If architect/engineers/contractors estimates were used, attach their estimates to the budget as a separate document. CHS reserves the right to verify the construction estimates in-house or through an independent consultant. Section 15: ESTIMATED PROGRAM INCOME Project Name: Immokalee Sports Complex Fitness Center: Phase II Agency Name: Collier County Board of County Commissioners Funding Year: FY2015-2016 Instructions: Complete this form ONLY if program income will be generated as a result of the service or product provided. Denote the projected income amount to be collected. 21 1608 Source of Income Income Generated Amount Fees Associated with $35,600 gym membership Total $35,600 1 Note: If not applicable,write N/A in the body of the form. DO NOT EXCEED ONE PAGE; This section should be as detailed as possible in documenting these procedure(s) and internal processes. Some examples of program income are fees collected associated with program, rent, re-sales, etc. Address the following questions: Revenues/fees associated with the Immokalee Sports Complex Fitness Center are collected by program staff through a recreation software program referred to as CLASS. This software • monitors income that is generated and accounted for by program participants. Data related to • revenues received are reconciled through the Collier County Government SAP system and these revenues are then tracked and accounted for through generally accepted accounting procedures developed by the Finance Department of the Collier County Clerk of Courts. These fees are user fees that are charged to participants who use the Fitness Center. These fees • are established by the Collier County Board of County Commissioners. Program Income will be reported annually with subsequent expenses associated with the Immokalee Sports Complex Fitness Expansion. The Operations Manager will report this income • each year and identify any program income that is in excess of expenses. Program Income is • used each year to support the expenses related to the operations of the Fitness Center. Typically these fees do not cover all of the expenses related to the operations; however, should there be funds that exceed operating expenses,these program income funds will be set aside in an account to establish a replacement of the roof of the facility. A new roof is anticipated to have a 15-year life, and these excess funds will establish a "roof replacement" fund for the time when the roof needs replaced. If program income is anticipated,indicate below how the funds will be utilized: Organization will track, re-use within the program and report to CHS on a monthly basis X Organization will submit program income to CHS on a monthly(or at least yearly basis) 22 160 8 Section 16: LEVERAGED OR MATCH FUNDS Project Name: Immokalee Sports Complex Fitness Center: Phase II Agency Name: Collier County Board of County Commissioners Funding Year: FY2015-2016 Instructions: Outlined below are the match requirements for the federal funds to be requested: ]+ CDBG — No match required. However, application may be scored higher if leverage/match is identified in order to extend the effectiveness of CDBG dollars, )� HOME—Requires a 25%match (24 CFR 92.208) ESG—Requires a dollar-to-dollar match (24 CFR 576.201) The difference between match and leveraged funds are as follows: Match — Must be applied specifically for the proposed pject. They can be in the form of cash, state/local grants, fundraising, private loans, value of land or real property, in-kind, donated time, goods, services, etc and will be verified by CHS staff during the contract period. Leveraged Funds — The use of credit or awarded funds to improve an organization's budget capadty. They are considered a supplement to the project budget and are in addition to requested funds and matching fund amounts. Source of � Leverage/MatchAmount Funds Funds It is anticipated that the 1 here are no conditions S94.265/$24.353 =4] Operations Analyst `will associated with this provide 6 hours per week ol | match her time tomVppnrtthe � | . project. 6 hours per week * 36.39 * 52 = $ll]54 It is anticipated that the there are no conditions Fiscal Technician will associated with this provide 7 hours per week to match support the project. 7 hours czvve * $27.54 * 23 1608 52 weeks=$10,025 It is anticipated that the There are no conditions $2,974 Facilities Pject Manager associated with this match will spend approximately 80 hours on the project * $37.lKper hour= $2,974 A/E Concept Design There are no conditions $5,640 for conceptual desig associatedvv|thth|smatch TOTAL=$24,353 1 --- N/A $24,353 Note: If not applicable,write N/A in the body of thform. 1608 ........_ 2 d Es<+ 13 N m. Flai,,,.,,. eta $ o ��' 1 agll ttm as 'i,8, a �. va% _.___ msLe aCD ec ;.c1014 C 6 . ti0 !- 2 5 0 1 a m `m c c E m m 0 r 3-- *."E 4, ?E� � � � v d L c 11 ill 1 L. _ NC ®‹ lim a7 i 'i 1111 u �w� it t � 1 a tal T� i v U �- 1 z C E i to E 5 EE g 1 4 u , dC �tC ! o o W ll - 0 wE7� s m.fa ® — i I" a fl° Y ®` a.` tC_ yGTaC m EE , 2pr" il E w _ X1 3 < 4 .11 3 a ./c C co i. as "Q wca b 3 cwt ca 22 cc a.x ai c..: c �� E''Sc d ® o2 m= �,'e. 2 ani, 'rnc �' $ oa M� gag pm C 4 i i o -� 1‹ m; w 2> t.1 hl, a m— fl c Er 7i; Ko E a€c I = m El X ' ' m .gsm <sY 8c ao at „,>.. Lia 1 c EE a l1-e0 E5 d m i o L a - ,- 1 a 5 o m mQ5'' 1 .e a _..E. .§ 24 I 2° 11 Z c c aI. of . m22 �� II li y_�°myy P- a 20 12 / x'a im a a' ago - 1 1 S I 111 1 11 '11 • E ! PU : Exhibit B 16D 8 The Board of Count Cortone Donna Fiala Satellite Office District 1 Marco Island 2015 Vice Chairman 1040 Winterberry Drive Email: Marco Island, FL 34145 DonnaFialattcolliergov.net (239)252-8601 (239)252-8601 Please send all mail to the following address: 3299 Tamiami Trail East,Suite 303 Naples, FL 34112 1111 Georgia A.Hiller,Esq. District 2 iliergov.net Satellite Office NNaoprtihesC:ollier Government Center Email: 2335 Orange Blossom Drive GeorgiaHilier@co FL 34109 (239)252-8602 (239)252-8602 • Tom Henning Satellite Office District 3 Email: Golden Gate Services Center 4715 Golden Gate Pkwy. TornHennirtg©C011iergov.net Naples, FL 34116 (239)252-8605 Do not send mail to the satellite office. Appointments at the satellite office are available on Thursdays and Fridays;please call to schedule. Please send all mail to the following address: 3299 Tamiami Trail East,Suite 303 Naples, FL 34112 Penny Taylor District 4 Email: r PennyTaylor@colliergov.net (239)252-8603 Tim Nance Satellite Office Locations- District 5 2015 Chairman lmmokalee Office: Email: Immokalee Government Center TimNance colliergovstet 106 South 1st St (239)252-8604 Inside the Clerk of Court's Office Wednesdays by appointment only Estates Office: Wilson Plaza 50 Wilson Plaza Inside the Tax Collector's Office Thursdays arid Fridays by appointment only 160 8 Exhibit C Barry Allen Williams 10781 Regent Circle; Naples, FL 34109 (239) 593-4021 Home; (239) 252-4035 Work E-mail: BarryWilliams@colliergov.net Career Summary Highly skilled, professional Parks and Recreation Director with over 22 years experience within a non-profit and governmental setting. Proficient in planning, developing, implementing, and managing large Parks and Recreation Department. Possess exceptional analytic, verbal, and written skills. Knowledgeable regarding management, programmatic, and budgetary tasks. Professional Employment History Collier County Parks and Recreation Department,Director(June 2006-Present) Director of Department • 225 regular full time and part time employees and 150 seasonal employees. • 61 Regional, Community, and Neighborhood Parks with approximately 2000 acres maintained. • 2500 capacity Aquatics Facility and Waterpark • (8)Recreation Community Centers • (2) Skateparks and.BMX Track • (2) Community Pools • (3)Fitness Centers with(3)Executive Fitness Centers • $23M budget Collier County Human Services Department,Director(October 2001-June 2006) • Responsible for direction of health related assistance programs for the uninsured in Collier County(population base of 300,000 with estimated number of uninsured of 33,000). • Director of lead agency responsibility for elder services in Collier County. Lead Agency services estimated at $2.2 million. • Partnered with local community organization to develop primary care clinic for the poor through use of Upper Payment Limit programming. • Obtained $850,000 in Community Development Block Grant funds funding for Senior Center in East Naples. • Obtained Federal funding for prescription medications for poor and uninsured in Collier County. • Supervise (18)program, clerical, and fiscal staff • Annual budget responsibility of$7.25 million. • RSVP Program received NaCO 2003 "Acts of Caring"Award in Social Services Exhibit C j: Li Barry Williams Resume Page Two Ruth Cooper Center 2789 Ortiz Avenue Fort Myers, FL 33905 Florida Assertive Community Treatment,Team Leader(May 2000- September 2001) • Responsible for the administration and supervision of Florida Assertive Community Treatment Team (12) clinical and administrative staff. • Budget management of approximately $1.1 million dollars. Director Outpatient Services (May 1999-April 2000) • Responsible for managing outpatient behavioral health clinics in the Lee County area. • Supervised clinical staff, managed budget of approximately $2.5 million dollars. LifeSkills, Inc. 922 State Street Bowling Green, KY 42102 (270) 842-0161 Clinical Director,Adult Services (July 1998-April 1999) • Responsible for clinical direction of adult services within the behavioral health division. • Responsible for(14)program components involving (75)clinical staff. • Provided outpatient substance abuse counseling to court-ordered individuals and persons seeking treatment voluntarily. • Expanded Case Management services by 150%. • Expanded Supported Employment services by 50%. Community Support Director (July 1991-July 1998) • Responsible for development of a service array to assist adults within the community. • Developed this array with the assistance of local, state, and national key informants. • Recognized as "Outstanding Program Administrator"by Governor Brereton C. Jones— 1994. • Recruited and retained professional staff. 160 8 Exhibit C Barry Williams Resume Page three • Directly supervised (10)program components with staff of(75)and budget of approximately 54 million annually. • Developed contracts between corporation and state government. Education Florida Gulf Coast University Graduated May 2004, Master's Degree in Business Administration. University of Louisville Graduated December 1990,Master's Degree in Social Work, Certified Social Worker. Western Kentucky University Graduated May 1987, Bachelor's degree in Psychology, graduated magna cum laude. License/Certifications Florida Board of Social Work,License# 5815 Certified Parks and Recreation Executive Computer Skills/Miscellaneous Proficient in Microsoft Office Suite, WordPerfect, Lotus 1-2-3, Honorable Discharge from United States Air Force (Staff Sergeant). Organizations/Affiliations • Past Chairperson Collier County Hunger and Homeless Coalition • Past Board Member Collier County Community Alliance • Past Treasurer Florida Association of Social Service Executives(FACSSE) • Current Volunteer Big Brother/Big Sister of Collier County • Past Co-Chair Collier County Health Consortium • Past Vice-President of Education,Collier Communiqué,Toastmaster's Club • Past Board member Naples Zoo, Inc. 1 6 8 Exhibit C Ilonka E. Washburn 15081 Top Sail Court Home: (239)-352-7213; Naples,Florida 34119 Email:iewsuccess@aol.corn Mobile:(239)-450-6792 SENIOR MANAGEMENT EXECUTIVE Cross—Functional and Cross—Industry Experience Highly qualified Executive Manager offering international financial and operational experience within government service industries and industrial manufacturing. Results oriented and effectual leader with proven ability to develop high-level strategies and carry out front-line program implementation with strong executive coaching and staff development skills. Talent for proactively identifying and resolving problems, controlling costs, maximizing productivity and international negotiation skills.Advanced computer skills.Strengths in: * Strategic Financial Planning * Executive Auditing * Cost Control * Profitability Improvement * Leadership and Collaboration * Market Analyses * National and International Negotiations * Competitive Analysis PROFESSIONAL EXPERIENCE BOARD OF COUNTY COMMISSIONERS,Collier County,Florida 2007-present OPERATIONS MANAGER Develop, implement and ensure adherence to capital and operating budgets. Manage financial operations, policies, procedures, and processes for efficiency and effectiveness and implement needed improvements. Provide financial management and perform complex financial analyses to support business decisions,assess profitability of programs as well as acquisition of land/facilities. Manage vendor contracts and reimbursements. Supervise, direct and evaluate assigned staff. Responsible for all financial aspects during Disaster Planning and Recovery activities within the Public Services Division. Coordinate FEMA (Federal Emergency Management Agency) reimbursements requests between FEMA,Division Management Office of Management and Budget and the Finance department Achieved increase in annual cost recovery of 26%from previous years. Responsibilities and achievements Provide financial management and oversight Develop and implements capital and operating budgets Develop and implements internal fiscal controls,policies and procedures Establish updates and enforce policies and procedures governing financial and business decisions Review financial operations, policies, procedures, and processes for efficiency and effectiveness and implement needed improvements Perform complex financial analyses to support business decisions 1608 CLERK OF CIRCUIT COURTS,Collier County,Florida; 1999-2006 LEAD SENIOR INTERNAL AUDITOR Audit, manage and or review routine and special internal audits of County operations as an independent, objective appraisal activity within the County to serve as a control by examining and evaluating the adequacy and effectiveness within the County and the quality of performance in carrying out assigned responsibilities. Conduct reviews, assessments and analyses necessary to determine efficiency, effectiveness and compliance with applicable policies and laws. Provide expert advice and leadership to staff as well as oversee and conduct financial, compliance, and performance audits completed through the preparation and distribution of audit reports. Promoted from Internal Auditor to Senior Internal Auditor to Lead Senior Internal Auditor. Responsibilities and achievements Prepare analyses,appraisals,recommendations,counsel and information of the organization. Appraise economy and efficiency of resources employed Ensure compliance with policies,plans,procedures,laws,and regulations. Review the reliability and integrity of financial and operating information Prepare budgets for the department Update Media NAPLES COMMUNITY HOSPITAL,Collier County,Florida; 1998. - 1999 ACCOUNTANT General ledger accounting with control responsibility for selected non-profit entities and measurements along with internal report writers used to formulate and evaluate financial statements; Reconcile cash and general ledger accounts; Prepare audit schedules. Responsibilities and achievements Data collection,analysis,recording and preparation of contracts,funds and investments Assisted in the establishment of independent cost function centers Preparation of financial statements STATE OF FLORIDA,DEPARTMENT OF HEALTH,Collier County,Florida; 1996- 1998 ACCOUNTANT General ledger accounting with control responsibility for selected non-profit entities and measurements along with internal report writers used to formulate and evaluate financial statements;Reconcile cash and general ledger accounts; Prepare audit schedules. Responsibilities and achievements Data collection,analysis,recording and preparation of contracts,funds and investments Assisted in the establishment of independent cost function centers Preparation of financial statements 1608 Exhibit C BETTER HOMES AND GARDENS,Collier County, Florida; 1994- 1997 REAL ESTATE CONSULTANT Land acquisition, development, construction, residential and commercial sales, and international investment consulting. SIEMENS CORPORATE PURCHASING.Munich,Germany; 1989- 1994 CORPORATE CONTRACT MANAGER High-profile executive management position leading the contract, marketing, budget development, analysis, and coordination of$1.8 billion of international investment purchases from independent contractors(furniture, warehouse and laboratory facilities/ installations, tools, communication networks etc.). Implementation of supplier evaluations, coordination of approximately 120 purchasing departments, cost reduction analysis and guidance of necessary procedures, savings to the company by decreasing purchasing costs where in excess of 35%. Promoted from purchasing agent to Corporate Contract Manager within 8 months. Responsibilities and achievements Formulating cost savings and establishing goals, Implementation and coordination of joint procedures through main user's convoys. Market and supplier analysis. Approved company plants(National and International travel) Cost,market and price structure analysis. Reduction in lead times. Analysis and determination of future product needs.(Outsourcing/in-house production) Negotiations of contracts(short term and annual agreements). Preparation of statistics for: future material/price changes. 1608 PROFESSIONAL CERTIFICATIONS CFE-Certified Fraud Examiner ACFE—Association of Certified Fraud Examiners Real Estate License DBPR---Department of Business and Professional Regulation--Florida EDUCATION MBA in International Business Management,President's list;Dean's List Clemson University,Clemson SC Bachelor of Science degree in Business Management,Dean's List Widener University,Chester,PA. Associates of Science in Industrial Management,Dean's List.President's List. State Technical Institute of Memphis,Tennessee CIVIC/COMMUNITY LEADERSHIP Chairperson of the Community Based Care Alliance Board member of the CBPE -Center of Business and Professional Excellence Board Member of LMS—Local Mitigation Strategy Grant Board Board Member of Safe and Healthy Children's Coalition Member of AGA—Association of Government Accountants OTHER QUALIFICATIONS/ACCOMPLISHMENTS Published an article in the IIA(Institute of Internal Auditors)Educator Responsible for several high profile audits leading to the return of$2m Bilingual(German/English) FEMA—Federal Emergency Management Association Past Chairperson-Academic Relations Committee,Institute of Internal Auditors Past Board Member of the IIA and Government Finance Officers Association Guest Speaker at Gulf Coast University and Edison Community College,Internal Audit,Accounting and Ethics Published in IIA(Institute of Internal Auditors)Educator,(Southwest Florida Chapter increases Outreach to Students)October 2002 REFERENCES: Supplied upon request. 160 8 Exhibit C NATALI BETANCUR 12955 Positano Circle#204•Naples,Florida 34105 Natiov27@gmail.com•(239)404.4244 SUMMARY OF QUALIFICATIONS Skillful and dedicated Professional with extensive experience in the coordination, planning, and support of daily operational and administrative functions. • Bilingual,highly motivated and result-oriented professional with leadership abilities in a variety of broad-based competencies. Fast learner,productive and accurate exceeding company goals and objectives. Strong team-working and multitasking skills and successfully complete projects within time and budget constraints. • Adept at developing and maintaining detailed administrative and procedural processes that reduce redundancy, improve accuracy and efficiency,and achieve organizational objectives. t) Highly focused and results-oriented in supporting complex, deadline-driven operations;able to identify goals and priorities and resolve issues in initial stages. • Proficient in Microsoft Office System,Microsoft Windows®operating system. PROFESSIONAL EXPERIENCE COLLIER COUNTY GOVERNMENT—Naples, Florida 2007 to Present Operations Analyst Manage the purchasing/contract/operations for the Parks and Recreation Department (Promoted in July 2012) • Coordinate and evaluate contracts for projects,goods and services. • Control grant related activities. • Chair of the CTAG committee which ensures coordination of efforts between IT and all divisions. • Develop and monitor Budget Amendments for various accounts, • Manage hurricane preparedness and post-storm reimbursement for the Parks and Recreation Department. • Coordinated the implementation of the SIRE-Electronic Document Management System for the Parks and Recreation Department. Operations Supervisor Manage the Administration department for Growth Management Division (Promoted in April 2011) • Manage core function staff and operations including public relations,AIMS issue tracking system,strategic planning,performance measures and customer service. • Vice chair of the CTAG committee which ensures coordination of efforts between IT and all divisions. • Monitor office equipment inventory for accuracy and coordinate with all staff to avoid additional costs for the division. • Subject Matter Expert for several key applications within the division. • Manage IT contractor for the division to assure work is performed within schedule and budget. Continued... 160 8 Page ,2 • Prepare and manage the Administration Department as well as the IT budget for Growth Management. Division. Executive Secretary Provide high-level coordination for the Division Administrator(Promoted in May 2010). • Manage proper procedures/information/reports necessary for the success of daily operations. • Ensure communication and assistance between Division Administrator and Upper Management which includes County Manager and County Commissioners. • Supervise,analyze and approve Division items for the Board of County Commissioners Meeting Agenda. • Participate in the implementation of Board of County Commissioners Meeting Agenda software(Agenda. Central). • Participate in the implementation of Cityview Permitting software. • Monitor,assist and create reports to enhance the management of the budget,projects and overall daily operation. Administrative Assistant Provide coordination in order to successfully complete capital stormwater projects. • Professionally manage and create new processes in order to achieve a high success rate for the completion of stormwater projects within time and budget. • Establish and maintain a positive teamwork environment. • Manage procedures and support daily activities in other sectionstdepartments. FIDDLERS CREEK REALTY.... Naples,Florida 2005 to 2007 Administrative Assistant Provide administrative support to Office Manager for Fiddler's Creek Realty office. • Professionally utilize computer skills(Word,Excel,Outlook,Power Point)to create a Customer Database and establish reports resulting in a comprehensive Customer Care system. • Create and maintain an updated database and contract files to maintain costumers out of default. • Successfully introduce new concepts in membership overcoming any sales challenges • Assisted in generating new strategies in three different departments. EDUCATION HODGES UNIVERSITY—Naples,Florida 2006 to 2010 Bachelors in International Business Administration Studies HODGES UNIVERSITY—Naples, Florida 2006 to 2009 Associates in Business Management Studies 160 8 Page 13 EDISON COMMUNITY COLLEGE—Naples, Florida 2004 to 2005 Associates in Art and History Studies LORENZO WALKER INSTITUTE OF TECHNOLOGY—Naples,Florida 2002 to 2004 Administrative Assistant Certification NAPLES H1(311 SCHOOL—Naples, Florida 2000 to 2004 High School Diploma COLLIER COUNTY CERTIFICATIONS(FGCU GOVERNMENT PROGRAM)—Naples,Florida 2007 to 2010 Customer Service Building Diverse Teams SAP Purchasing Requisitions Performance,Appraisal& Coaching Managing Change &Transition Management Styles& Team Building Managing Employee Problems Networking for Results Communication & Interviewing Skills Presentation Public Speaking Skills Professional Business Writing Managing Multiple Priorities ICMA Leadership HR-SI Leadership...the Critical Difference 1608 Exhibit C Dennis Linguidi 850J Meadowland Drive Naples, Florida 34108 (239)253-1616 dennislinguidificolliergov.net OBJECTIVE Secure a progressive management position which requires well-developed customer and employee focused mindset, technological,communication and collaboration skills. EDUCATION MASTERS OF BUSINESS ADMINISTRATION(MBA): Hodges University,Naples,Florida. (Concentration:Management) BACHELOR OF SCIENCE: College of BUSINESS;Florida Gulf Coast University,Fort Myers,Florida. (Major:Computer Information Systems) ASSOCIATE OF ARTS: Edison Community College, Fort Myers,Florida. EXPERIENCE Interim Director October 2014—Present: Collier County Board of County Commissioners,Naples,Florida. Directs and oversees the four(4)major sections of The Department of Facilities Management including: Real Property, Government Security,Building Maintenance,and Capital Renovations/Construction.Provide direction to the Department regarding laws,ordinances,County policy,and departmental procedures. Develops and implements medium, long-range, and master plan for County-Wide facilities. Develops strategic plan for Departmental organization chart and staffing.Oversees the Building Automation Center,Indoor Air Quality issues,and American with Disability complaints and requests.Develops and implements Departmental policies and procedures.Approves the hiring,firing,discipline,and behavior action plans for Departmental employees. Prepares,approves,and presents the Departments annual budget and Executive Summaries. Facilities Manager April 2010—October 2014:. Collier County Board of County Commissioners,Naples,Florida. Business and Security Manager for the Department of Facilities Management.Responsible for the Building Maintenance, Building Automation/Operations Center,Administration,and Security Sections including seven(8)direct reports with a total of 50 full-time employees and over 100 contract employees.Develops,submits and implements annual department budget; assists with forecasting additional funds required for staffing,equipment,materials,and supplies;administers approved budget and monitors operational expenditures for fiscal compliance. Budget responsibility exceeds$14,000,000 in operating expenses and over$1,000,000 in capital expenditures.Provides hiring recommendations,supervises,directs,and evaluates assigned staff,processing employee concerns and problems,directing work,counseling,coaching,disciplining,and completing employee performance appraisals. Directs,oversees,and assists with development of department work plan; organizes and monitors workflow; delegates assignments,work activities, projects,and programs to subordinates.Assists with development of and implements standard operating policies and procedures;reviews and evaluates work methods and safety practices; updates guidelines according to federal,state,or local legislation.Responds to security emergencies in the capacity of an armed or unarmed security officer as required. Provides executive protection for principles and incorporates security training for all 25 Officers. £ 609 Exhibit C Network Administrator March 2003—April 2010:Collier County Board of County Commissioners,Naples, Florida. Responsible for the project management, resource management and collaboration efforts required to complete highly visible projects such as the Terminal Services project for the Community Development and Environmental Services and the Transportation Division. Led the design and implementation by scoping the project, gathering budget costs, and collaborating with the system owners which required immense resource management and communication with the Applications,Networking and Service Desk teams within the Information Technology Department. This teamwork approach streamlined the project process making it remarkably successful. Progressively assigned supervisory responsibilities by training, mentoring and supervising the daily activities of 6 employees,3 in which were promoted internally. Responsible for the planning, designing, installation, configuration and maintenance of cutting- edge technology which includes over 100 virtual servers(including the Pegasys server)using VMware suite and 30 physical servers on a Netapp Storage Area Network (SAN) that hosts over 40 terabytes of sensitive data which supports over 1000 employees, while successfully developing a proactive monitoring system and systematic data backup solution for disaster recovery. Headed multiple successful $100K+projects which required excellent resource management of both internal and external resources. Successful projects include: Vmware Virtual servers,Netapp Storage Area Network,Netcool Network Monitoring, Microsoft Terminal Services and Veritas Backup/Recovery. Trusted with Domain Administrative privileges which provide the highest degree of security permissions for the Collier County Domain. Network Analyst February 2001 —March 2003: United States Sugar Corporation,Clewiston, Florida. Project leader for the configuration, deployment, maintenance, and administration of all Cisco Systems data communication equipment which includes hubs, switches and routers for a network that supports 30 servers and over 700 desktop machines. Responsible for network security by implementing and administering checkpoint firewall. E-Business Intern May 2000—August 2000: General Electric(GE)Client Business Services,Fort Myers,Florida. Responsible for the design of internal accounting development websites for General Electric's internal customers. Daily duties included collaborating with the accounting team's ideas on design and implementation of the internal accounting website,working with the international web development group,and assisting the lead accountant with daily operations. CERTIFICATIONS -Certified Facilities Manager(CFM) -Certificate in Facilities Management(Ferris State University) -Facilities Management Professional(FMP) -Sustainability Facility Professional(SFP) -Certified Public Manager(CPM) -Certificate in Supervisory Management -Concealed Weapon/Firearm License(State of Florida)Expiration 06/29/16 -State of Florida D License -State of Florida G License -Microsoft Certified Systems Engineer+Security(MCSE) -Check Point Certified Security Administrator(CCSA) -Netapp Storage Networking Certified -Emergency Management Institution Certified: 1S-00100, IS-00200,and IS-00700 -Veritas Netbackup Certified: Data Protection Administrator for Microsoft Windows -Information Technology Infrastructure Library(ITIL)Foundations Version 3 Exhibit C HENRY J. JONES, PE 1 60 8 (28819 WINTHROP CIRCLE• BONITA SPRINGS, FL 34134• (239)252-8380 WORK; (239)947-4288 HOME EXPERIENCE Collier County,Florida; Department of Facilities Management-a department of the County government responsible for all new and existing,county-owned,physical facilities other that Public Utilities. Jan 2007— PrincipaI Project Manager; Responsible for all capital construction and repairs for Present county owned vertical facilities. Russell Cather Levi&Associates,Inc. - an engineering firm specializing in engineered solutions for roofing,waterproofing,and the total building envelope. Jan.2004- StructuraI Engineer and VP; Structural engineering,consultation, Dec.2006 and design for roof decks,parking decks,plaza decks,balconies,canopies,masonry walls,water- front structures;wood,steel,concrete,and masonry structures and waterproofing systems. Baltimore Marine Industries Inc.,Sparrows Point,MD. - a privately held ship repair and conversion company. 2000- Vice President,Technology&Commercial. Responsible for Estimating, Sales and Aug.2003 Marketing,in addition to previous responsibilities. • Prepared.Cost and Technical Proposals responsive to Government RFPs,in compliance with all FARs and DFARs. Prepared and monitored the strategic resource and manpower plans integrating existing work with outstanding proposals. • Achieved targeted annual sales of$60M-$70M on 12-15 contracts per year,with a bid success rate of 33%. • Prepared Cost and Technical Proposal in response to Government RFPs in compliance with all FARs and DFARs. Met Business Plan targets for revenue and direct labor hours. • Achieved NAVSEA certification as Facilities Operations Supervisor and Dockmaster under Mil Std 1625 for docking U.S.Government vessels. • Developed docking procedures to allow vessels,previously considered having too deep a draft for our facility,to be safely docked at the yard. - Improved procedures and techniques for handling these larger(950'LOA,40,000 LT)vessels both in and out of dock. 1999-2000 Vice President,Technology. Responsible for all Engineering functions—Naval Architecture, Marine Engineering,Structural Engineering,Facilities,Dockmaster and Dry-docking. • Developed build strategies and techniques as well as details of manufacturing processes for the Phase II,Joint Modular Lighter System(JMLS)project,a$15M prototype manufacturing precursor to the planned,$400M,follow-on production phases. Reviewed and revised the conceptual design to improve manufacturability.Designed manufacturing jigs and fixtures for quality and dimensional control. • Developed techniques,procedures,technical proposal and served as Program Manager during the executionof the NAVSEA Ship Disposal Project involving dismantling and disposal of the FFG Patterson and seven mine sweepers. • Functioned as naval architect on all issues pertaining to dry-docking and vessel repairs. Page 1/3 1608. Exhibit C HENRY J. JONES, PE (28819 WINTHROP CIRCLE• BONITA SPRINGS, FL 34134'(239)252-8380 WORK; (239)947-4288 HOME 1997- 1999 Vice President,Operations. Responsible for start up of new company,including facility separation,operations organization and management recruitment,as well as total line responsibility for all production functions of ship repair and conversion operation. Reorganized and streamlined the production departments into three divisions with broad cross- craft capability as stipulated in the new labor contract. • Formulated training programs for both new hires and re-hired employees. • Grew the salaried and hourly workforce from less than 100 to 800 in 10 months. • Managed a project oriented ship repair organization equipped to handle three,simultaneous, $5 M.,Military Sea Lift Command contracts. • Managed the Central Planning group,which prepared detailed TPSNs for each,individual project and interfaced all yard projects utilizing Primavera software. • Utilized output of Central Planning to allocate facilities,subcontractors and manpower resources to projects. • Monitored and managed contract labor and material performance against earned budgets on a weekly basis. • Interfaced directly with customers to assure satisfaction with yard's performance,and to resolve issues of schedule,change orders,engineering,pricing,and compliance with contract specifications. Achieved performance targets on 90%of all repair contracts. BethShip,Sparrows Point Yard - a shipbuilding,conversion and repair business unit of Bethlehem Steel Corporation. 1990-1995, Operations Manager. Responsible for all production functions of ship repair and 1997 conversion operation consisting of 17 departments and 600- 1,200 employees;reported to the General Manager of the business unit. • Managed ship repair and conversion contracts with values in excess of$15M using physical progress based,Primavera fed,line by line computer based progressing system. • Managed a multi-project oriented,ship repair organization equipped to handle three, simultaneous,MI,Military Sea Lift Command contracts. • Managed the Central Planning group,which interfaced all,projects utilizing Primavera TPSN system. • Utilized output of Central Planning to allocate facilities,subcontractors and manpower resources to the projects. • Monitored and managed contract labor and material performance against earned budgets on a weekly basis. • Interfaced directly with customers to assure satisfaction with yard's performance,and to resolve issues of schedule,change orders,engineering,pricing,and compliance with contract specifications. • Achieved performance targets on 90%of all repair contracts. Reorganized production departments to convert from new building to ship repair and conversion. • Implemented productivity standards resulting in 10%improvement on repair contracts. • Modernized and improved skill level of Machinery and Pipe departments. • One of five senior managers working with Bethlehem Corporate staff to market, promote and finally complete the sale of the BethShip business unit to Veritas Capital,LLC. 1996- 1997 Commercial Manager. Two-year cross-training assignment. Total management responsibility for Marketing,Estimating,preparation of Technical and Price Proposals,Project Administration, Contracts and Purchasing;reported to the President. Page 2/3 Exhibit C 160 8 HENRY J. JONES, PE (28819 WINTHROP CIRCLE• BONITA SPRINGS, FL 34134• (239)252-8380 WORK; (239)947-4288 HOME • Prepared Cost and Technical.Proposals responsive to Government RFPs,in compliance with all FARs and DFARs. Prepared and monitored the strategic resource and manpower plans integrating existing work with outstanding proposals. • Achieved targeted annual sales-of 575M- -$90M. • Standardized and computerized the estimating/pricing process. • During a downturn in US Government repair work,grew our Foreign Commercial segment from 10%to 35%of sales. 1988-1.990 Project Manager. Total project management responsibility for the new construction,trials and delivery of two naval oceanographic vessels(T-AGS#39&#40),reported to the President. Total contract value$175M. 1986- 1988 Superintendent of Production Services. Line management responsibility for nine production and maintenance departments,including:paint,labor,rigging,cranes,transportation,warehouse, maintenance,tool rooms and utilities;reported to the Operations Manager. 1981-1988 Plant Engineer. Total management responsibility for the Facilities and Maintenance Division; reported to the General Manager. The division had three departments(Plant Maintenance,Plant Utilities and Tool)with a total workforce of 140,an annual maintenance budget of$4M-$6M and capital expenditure budget of$2M-$4M. 1978- 1981 Superintendent of Facilities and Maintenance.(Asst.Plant Engineer) Total operational responsibility for the Maintenance section of the division. Managed 10 supervisors and 100 hourly personnel,with a$4M annual budget. 1972- 1976 Facilities Engineer. Responsible for the development,justification,design and construction of new capital projects. Pollution Control Engineer for the yard with responsibility for developing and implementing all pollution control plans. Structural design engineer for all in-house engineered projects. 1969-1972 Project Engineer. Responsible for and in direct charge of the field inspection group on the SUM- -contract for the construction of a new graving dock(2nd largest in U.S.). Also served as Project Engineer/Project Manager on two smaller capital projects,with total responsibility for the completion of the projects. EDUCATION B.S.in Civil Engineering,Rensselaer Polytechnic Institute,Troy,N.Y., 1969. Joint Harvard/Bethlehem Steel-Advanced Management Orientation. Duke University-Becoming a World Class Competitor. PROFESSIONAL LICENSES Registered Professional Engineer in Maryland,Virginia,and Florida. Naval Sea Systems Command Certified Facility Operations Supervisor and Dockmaster. PROFESSIONAL MEMBERSHIPS International Facilities Management Association,National Roofing Contractors Association, Society of Naval Architects and Marine Engineers,and ex-member of the Executive Control Board of the National Shipbuilding Research Program. Page 3/3 Exhibit C 160 8 FISCAL YEAR 2015 BOARD OF COLLIER COUNTY COMMISSIONERS CLASSIFICATION PLAN 12/12/2014 Blue Plan GRADE 4 Non-Exempt LIBRARY PAGE RECREATION WORKER-SEASONAL GRADE 5 Non-Exempt CHILDCARE WORKER CHILDCARE WORKER-THERAPEUTIC RECREATION COURIER LIFEGUARD PARKS&RECREATION ATTENDANT GRADE 7 Non-Exempt PARKS&RECREATION ASSISTANT GRADE 8 Non-Exempt CUSTOMER SERVICE REPRESENTATIVE LIBRARY ASSISTANT MAINTENANCE WORKER GRADE 9 Non-Exempt AUTOMATED METER READING TECHNICIAN GRADE 10 Non-Exempt ANIMAL CARE SPECIALIST GRADE 11 Non-Exempt EQUIPMENT OPERATOR PARTS CLERK PLANT OPERATOR,TRAINEE TRAFFIC SIGN TECHNICLAN GRADE 12 Non-Exempt AUTOMATED METER READING&REPAIR TECH BUILDING AUTOMATION TECHNICIAN CASE MANAGER ASSISTANT CUSTOMER SERVICE SPECIALIST FLEET SERVICES TECHNICIAN LIBRARY TECHNICIAN MUSEUM ASSISTANT PARKS&RECREATION PROGRAM LEADER SOLID WASTE SPECIALIST UTILITY TECHNICIAN Exempt 4-H OUTREACH COORDINATOR GRADE 13 Non-Exempt ADMINISTRATIVE SECRETARY ANIMAL SERVICES DISPATCHER AUTOMOTIVE TECHNICIAN,APPRENTICE EQUIPMENT OPERATOR,SENIOR FISCAL TECHNICIAN LIBRARY TECHNOLOGY SPECIALIST MAINTENANCE SPECIALIST PARK RANGER PERMITTING TECHNICIAN PLANT OPERATOR TRADESWORKER,APPRENTICE VETERINARIAN TECHNICIAN VOLUNTEER COORDINATOR 1 Exhibit C 1 6 D $ GRADE 14 Non-Exempt ANIMAL CONTROL OFFICER CONTRACTS TECHNICIAN CREW LEADER HUMAN RESOURCES TECHNICIAN IMPACT FEE SPECIALIST PURCHASING TECHNICIAN SUPERVISOR-PARTS/MATERIALS SUPERVISOR-ROAD MAINT.WAREHOUSE TRAFFIC SIGNAL TECHNICIAN,APPRENTICE Exempt RSVP COORDINATOR GRADE 15 Non-Exempt ADMINISTRATIVE ASSISTANT ASSISTANT RECYCLING COORDINATOR AUTOMOTIVE TECHNICIAN,JOURNEYMAN BUSINESS TECHNOLOGY ANALYST CITIZEN LIAISON CODE ENFORCEMENT INVESTIGATOR COMMUNITY SERVICES ASSISTANT CREW LEADER,SENIOR EMERGENCY MANAGEMENT TECHNICIAN EMS SUPPLY CENTER SPECIALIST GRANTS SUPPORT SPECIALIST HEAVY EQUIPMENT OPERATOR LABORATORY TECHNICIAN LICENSING COMPLIANCE OFFICER MANAGER-PARTS NETWORK SPECIALIST PARKS 8 RECREATION PROGRAM LOR,SENIOR PLANNING TECHNICIAN PRETREATMENT INSPECTOR RISK TECHNICIAN SCADA OPERATOR SHIP LOAN PROCESSOR TRADESWORKER,JOURNEYMAN Exempt ADMINISTRATIVE SUPERVISOR GRADE 16 Non-Exempt ACCOUNTING TECHNICIAN CODE ENFORCEMENT INVESTIGATOR,SENIOR CODE ENFORCEMENT SPECIAUS EXECUTIVE SECRETARY FACILITIES COMPLIANCE OFFICER FIRE INSPECTOR GIS TECHNICIAN HUMAN RESOURCES ANALYST HUMAN RESOURCES TECHNICIAN,SENIOR INSTRUMENTATION/ELECTRICAL TECHNICIAN LIBRARY PROGRAM SPECIALIST ODOR CONTROL SPECIALIST OPERATIONS COORDINATOR PLANT MECHANIC PLANT OPERATOR,SENIOR PROPERTY ACQUISITION SPECIALIST PUBLIC INFORMATION SPECIALIST PURCHASING TECHNICIAN,SENIOR TECHNICIAN TRAFFIC SIGNAL TECHNICIAN Exempt FL YARD AND NEIGHBORHOOD OUTREACH COORD LIBRARY OPERATIONS COORDINATOR 2 Exhibit C 1 6 0 8 White Plan GRADE 17 Non-Exempt AUTOMOTIVE TECHNICIAN,MASTER BENEFITS ANALYST PROPERTY MAINTENANCE SPECIALIST ANIMAL CARE SPECIALIST,SENIOR TRADESWORKER,MAS tER Exempt BUSINESS TECHNOLOGY ANALYST,SENIOR FIELD SUPERVISOR LIBRARIAN MUSEUM CURATOR-COLLECTIONS MUSEUM CURATOR-EDUCATION PARK RANGER,SENIOR PARKS SPECIAL.POPULATIONS COORDINATOR RECYCLING SPECIALIST SUPERVISOR-FOOD PROGRAMS SUPERVISOR-PARKS PROGRAMS GRADE 18 Non-Exempt AIRCRAFT MECHANIC I AUTOMOTIVE TECHNICIAN,PRINCIPAL BUILDING INSPECTOR EXECUTIVE SECRETARY TO THE COUNTY MGR HOME REHABILITATION SPECIALIST INSPECTOR INSTRUMENTATION/ELECTRICAL TECH,SENIOR PLANS REVIEWER-SIGNS SUPERVISOR-LANDFILL OPERATIONS TOURIST DEVELOPMENT TAX COORDINATOR TRAFFIC SIGNAL TECHNICIAN,SENIOR Exempt CABLE FRANCHISE COORDINATOR BUSINESS CENTER PROJECT COORDINATOR CASE MANAGER CHEMIST EDITORMDEOGRAPHER ENVIRONMENTAL SPECIALIST EVENTS,SALES AND MARKETING COORDINATOR FIELD SUPERVISOR.SENIOR FILM AND ENTERTAINMENT INDUSTRY LIAISON GRAPHICS SPECIALIST LIBRARIAN,SENIOR PLANNER PROPERTY ACQUISITION SPECIALIST,SENIOR PUBLIC INFORMATION COORDINATOR SUPERVISOR-OPERATIONS VETERAN SERVICES OFFICER WELLNESS HEALTH EDUCATOR GRADE 19 Non-Exempt PLANS REVIEWER SUPERVISOR-ANIMAL CONTROL TECHNICAL SUPPORT PROFESSIONAL Exempt ACCOUNTANT CAD TECHNICIAN COMPENSATION ANALYST ECONOMIC RESEARCH ANALYST ENVIRONMENTAL SPECIALIST,SENIOR EXTENSION AGENT HUMAN RESOURCES GENERALIST IMPACT FEE ANALYST LABORATORY QUALITY ASSURANCE SPECIALIST MANAGEMENT/BUDGET ANALYST OPERATIONS ANALYST 3 Exhibit C 160 8 GRADE 19 Cont'd PLANNED UNIT DEVELOPMENT(PUO)COORDINATOR PROJECT MANAGER,ASSOCIATE REVIEW APPRAISER RIGHT OF WAY COORDINATOR RISK ANALYST SAFETY COORDINATOR SHIP PROGRAM COORDINATOR SUPERVISOR-AQUATICS SUPERVISOR-ATHLETICS SUPERVISOR-AUTOMATED METER OPS SUPERVISOR-CODE ENFORCEMENT SUPERVISOR-COMMUNITY CENTERS SUPERVISOR-LICENSING COMPLIANCE SUPERVISOR•PERMITTING SUPERVISOR-REVENUE TOURISM SALES COORDINATOR TRAINING COORDINATOR GRADE 20 Exempt ACCOUNTANT,SENIOR ARCHITECT GRANTS COORDINATOR IMMOKALEE BUSINESS DEV CENTER MANAGER IMPACT FEE COORDINATOR OCCUPATIONAL HEALTH NURSE PLANNER,SENIOR PROPERTY MANAGEMENT SPECIALIST,SENIOR PUBLIC RELATIONS SPECIALIST-TOURISM PURCHASING AGENT,SENIOR RECYCUNG COORDINATOR SUPERVISOR-BUILDING AUTOMATION CENTER SUPERVISOR-FLEET MAINTENANCE SUPERVISOR-INSPECTIONS SUPV-ROAD MAINT.CONTRACTS AND PROJECTS GRADE 21 Non-Exempt TECHNICAL SUPPORT PROFESSIONAL,SENIOR Exempt APPUCATIONS ANALYST BUSINESS DEVELOPMENT COORDINATOR CHIEF PLANT OPERATOR ENVIRONMENTAL HEALTH&SAFETY SPECIALIST ENVIRONMENTAL SPECIALIST,PRINCIPAL EXTENSION AGENT,SENIOR FLOODPLAIN COORDINATOR LANDSCAPE ARCHITECT MANAGER-BRANCH LIBRARY MANAGER•HOUSING DEVELOPMENT MANAGER-MUSEUM MANAGER-RECORDS MANAGEMENT MANAGER•SENIOR PROGRAM AND SOCIAL SERVICES MANAGER•TELEVISION OPERATIONS PROCUREMENT SPECIALIST REVIEW APPRAISER,SENIOR SENIOR GRANTS AND HOUSING COORDINATOR SUPERVISOR-BUILDING MAINTENANCE SUPERVISOR-FLEET OPERATIONS SUPERVISOR-GIS/CAD SUPERVISOR-GRANTS COMPLIANCE SUPERVISOR-IT SERVICE DESK SUPERVISOR-LABORATORY SUPERVISOR-LIBRARY SUPERVISOR-PARK RANGERS SUPERVISOR-RECREATION SUPERVISOR-VEGETATION MANAGEMENT 4 Exhibit C 160 8 GRADE 22 Non-Exempt FIELD INSPECTOR,SENIOR Exempt CHIEF BUILDING INSPECTOR COUNTY SURVEYOR GRANTS DEVELOPMENT&MGMT COORDINATOR LIBRARY AUTOMATION SPECIAL/ST MANAGEMENT/BUDGET ANALYST,SENIOR MANAGER-CODE ENFORCEMENT OPERATIONS MANAGER-ENVIRONMENTAL COMPLIANCE MANAGER-FED/STATE GRANTS OPERATIONS MANAGER-GROUP INSURANCE MANAGER-IRRIGATION QUALITY MANAGER-METER SERVICES MANAGER-RISK FINANCE MANAGER-SOLID WASTE OPERATIONS MANAGER VETERAN SERVICES MANAGER-WASTE REDUCTION AND RECYCLING MANAGER-WNVW ENVIRONMENTAL COMPLIANCE MANAGER-WELLNESS PROGRAMS NETWORK ADMINISTRATOR OPERATIONS ANALYST,SENIOR PLANNER,PRINCIPAL PROGRAMMER ANALYST,SENIOR PROJECT MANAGER REGIONAL MANAGER-PARKS&RECREATION SENIOR SUPERVISOR-LIBRARY SIGNAL SYSTEMS NETWORK SPECIALIST SITE PLANS REVIEWER SUPERVISOR-ACCOUNTING GRADE 23 Non-Exempt LEAD AIRCRAFT MECHANIC Exempt CRA OPERATIONS MANAGER EMERGENCY MANAGEMENT COORDINATOR EXECUTIVE MANAGER TO THE BCC HUMAN SERVICES PROGRAM MANAGER LEGISLATIVE AFFAIRS COORDINATOR MANAGEMENT AND OPERATIONS CONSULTANT MANAGER-BUSINESS CENTER MANAGER-GRANTS COMPLIANCE MANAGER-INVESTIGATIONS-CODE ENFORCEMENT MANAGER-LAND DEVELOPMENT CODE MANAGER-PARK OPERATIONS MANAGER-PELICAN BAY SERVICES MANAGER-PROCUREMENT MANAGER-PUBLIC TRANSIT MANAGER-TECHNICAL SUPPORT-WW MANAGER-TELECOMMUNICATIONS SUPERVISOR-SITE INSPECTIONS GRADE 24 Non-Exempt SUPERVISOR•AIRCRAFT MAINTENANCE Exempt DATABASE ADMINISTRATOR ENGINEER,SENIOR MANAGER-AIRPORT MANAGER-BUSINESS OPERATIONS-CMO MANAGER-CAREER DEVELOPMENT/TRAINING MANAGER-COES OPERATIONS MANAGER-COMPENSATION MANAGER-EMPLOYMENT OPERATIONS MANAGER-ENVIRONMENTAL HEALTH&SAFETY MANAGER-IMPACT FEES/ECONOMIC DEVEL. MANAGER-INTERNAL CONTROLS MANAGER-MPO MANAGER-OPERATIONS SUPPORT PUD 5 Exhibit C 1 6fl 8 GRADE 24 Cont'd Exempt MANAGER-POWER SYSTEMS MANAGER-REVENUE MANAGER-ROAD CONSTRUCTION MANAGER-SHELTER OPERATIONS MANAGER-TECHNICAL SYSTEMS OPERATIONS MANAGER-WASTEWATER COLLECTIONS SITE PLANS REVIEWER,SENIOR GRADE 25 Exempt ASSISTANT DIRECTOR-PARKS AND RECREATION EMS CAPTAIN FIRE CAPTAIN MANAGER-COMMUNICATIONS AND GUST REL MANAGER-ENVIRONMENTAL SERVICES MANAGER-FINANCIAL AND OPER SUPP MANAGER-IT CUSTOMER REL AND APPS NIGMT MANAGER-LANDSCAPE OPERATIONS MANAGER-PLANNING MANAGER-PLANS REVIEW AND INSPECTIONS MANAGER-RIGHT OF WAY MANAGER-TRAFFIC OPERATIONS MANAGER-UTILITY BILLING&CUSTOMER SVC PLANT MANAGER PROJECT MANAGER,SENIOR SUPERINTENDENT PARKS AND RECREATION GRADE 28 Non-Exempt MANAGER-FLIGHT OPERATIONS TRAINING Exempt ASSISTANT FIRE CHIEF ASSISTANT DIRECTOR-LIBRARY EMS BATTALION CHIEF MANAGER-DISTRIBUTION MANAGER-ENGINEERING REVIEW SERVICES MANAGER-FACIUTIES MANAGER INFORMATION SYSTEMS DEVELOPMENT MANAGER-NETWORK OPERATIONS MANAGER-OPERATIONS-WATERMASTEWATER SUPERINTENDENT-ROADS&BRIDGES GRADE 27 Exempt CHIEF PILOT EXEC MANAGER OF COPR BUSINESS OF'S MANAGER-CORP.PLANNING AND PERF IMPROV PROJECT MANAGER,PRINCIPAL GRADE 28 Exempt CHIEF ENGINEER-TRAFFIC OPERATIONS EMS DIVISION CHIEF MANAGER-COASTAL MANAGEMENT PROGRAMS MANAGER-POLLUTION CONTROL MANAGER-PROPERTY ACQUISITION&CONST MGT SHELTER VETERINARIAN 6 Exhibit C 1 6 0 8 . Red Plan GRADE 24 Exempt-Annual DIRECTOR-DOMESTIC ANIMAL SERVICES DIRECTOR-FLEET MANAGEMENT DIRECTOR MUSEUM DIRECTOR-UNIVERSITY EXTENSION SVCS. FIRE CHIEF GRADE 30 Exempt DIRECTOR-ALT.TRANSPORTATION MODES DIRECTOR•BUILDING REVIEW AND PERMITTING DIRECTOR-BUSINESS AND ECONOMIC DEV DIRECTOR-COES ENGINEERING SERVICES DIRECTOR-CODE ENFORCEMENT DIRECTOR-COMMUNICATION&GUST.RELATIONS DIRECTOR•COMMUNITY AND HUMAN SERVICES DIRECTOR-COMPREHENSIVE PLANNING DIRECTOR-EMS OPERATIONS DIRECTOR-OPERATIONS SUPPORT DIRECTOR-PURCHASING/GENERAL SERVICES DIRECTOR-ROAD MAINTENANCE DIRECTOR-RISK MANAGEMENT DIRECTOR-SOLID WASTE DIRECTOR-TOURISM DIRECTOR-TRANSPORTATION PLANNING DIRECTOR-PLANNING AND ZONING GRADE 31 Exempt CHIEF-EMERGENCY MEDICAL SERVICES DIRECTOR-BUDGET AND FINANCIAL SERVICES DIRECTOR-CORP FINANCIAL AND MNGMT SVS DIRECTOR-FACIUTIES MANAGEMENT DIRECTOR-HUMAN RESOURCES DIRECTOR-INFORMATION TECHNOLOGY DIRECTOR-LIBRARY DIRECTOR-MANAGEMENT AND BUDGET DIRECTOR-PARKS AND RECREATION DIRECTOR-PUBLIC UTILITIES ENGINEERING DIRECTOR-TRAFFIC OPERATIONS DIRECTOR-TRANSPORTATION ENGINEERING DIRECTOR-WASTEWATER DIRECTOR-WATER GRADE 3? Exempt DEPUTY ADMINISTRATOR-GMD DIRECTOR BUREAU OF EMERGENCY SVCS GRADE 33 None GRADE 34 Exempt ADMINISTRATOR-ADMINISTRATIVE SERVICES ADMINISTRATOR-GROWTH MANAGEMENT DIV ADMINISTRATOR-PUBUC SERVICES. ADMINISTRATOR-PUBLIC UTIUTIES GRADE 35 None GRADE 36 Exempt DEPUTY COUNTY MANAGER 7 Exhibit C 160 8 FISCAL YEAR 2015 BOARD OF COLLIER COUNTY COMMISSIONERS PAY PLAN MATCH GRADE MIN MKTPT MAX POINT 1 517,555 $21,944 $27,978 $24,138 58.4400 $10.5500 $13.4512 $11.6050 2 $18,433 $23,041 $29,378 $25,345 $8.8820 $11.0775 514.1238 $12,1853 3 $19,355 $24,193 $30,846 $26,613 $9.3051 511.6314 514.8300 $12.7945 4 $20,322 $25,403 $32,389 $27,943,_ $9.7704 $122130 $15.5715 $13.4343 5 521,317 $26,648 $33,973 $29,311 510.2485 $12.8106 $16.3334 $14.0916 6 $22,385 $27,981 $35,676 $30,779 $10.7620 $13.4524 $17.1518 $14.7976 7 $23,504 $29,380 $37,460 $32.318 $11.3000 514.1250 518.0094 515.5375 8 $24,680 $30,850 $39,334 $33,935 511.8654 514.8317 518.9104 516.3149 9 $25,913 $32,391 $41,298 $35,630 $12.4581 $15.5726 $19.8550 517.1299 10 $27,207 $34,010 $43,363 $37,412 513.0804 $16.3512 $20.8477 $17.9864 11 528,568 $35,710 $45,530 $39,281 $13:7346 $17.1683 $21.8895 $18.8851 12 $30,300 $37,875 $48,291 $41,662 514.5673 $18,2091 523.2166 520.0300 13 $31,816 $39,770 $50,707 $43,747 515.2962 519.1202 524.3782 521.0322 14 $33,406 $41,758 $53,242 $45,934 516.0608 520.0760 525.5969 522.0836 15 535,077 $43,846 $55,904 $48,231 $16.8638 $21,0798 526.8767 523.1878 16 $36,831 $46,039 $58,700 $50,643 517.7073 $22.1341 528.2210 524.3475 17 $43,281 $50,919 $64,922 $56,011 520.8082 $24.4803 $31.2124 $26.9283 160 8 Exhibit C FISCAL YEAR 2015 BOARD OF COLLIER COUNTY COMMISSIONERS PAY PLAN MATCH GRADE MIN MKTPT MAX POINT 18 $45,446 $53,466 I $68,169 $58,813 $21.8491 $25.7048 $32.7736 $28.2753 19 $48,245 $56,759 $72,368 $62,435 $23.1948 $27.2880 $34.7922 $30.0168 20 $50.606 $59,536 $75,908 $65,490 524.3298 $28.6230 536.4943 $31.4855 21 $53,139 $62,516 $79,708 $68,768 $25.5474 $30.0558 538.3210 $33.0613 22 _ $55,795 $65,641 $83.692 $72,245 $26.8244 $315582 $40.2366 $34.7140:,, 23 $58,585 $68,924 $87,878 $75,816 $28.1658 533.1365 $42.2490 S36.4500 24 $61,515 $72,370 $92,272 $79,607 $29.5743 $34.7933 544.3614 $38.2726 25 $64,657 $76,067 $96,985 $83,674 • $31.0850 $36.5706 $46.6277 $402278 26 $67,820 $79,788 $101,729 $87,767 $32.6057 $38.3596 $48.9084 $42.1956 27 $71,211 $83,778 $106,817 $92,156 $34.2360 $40.2778 551.3544 544.3057 28 $74,772 $87,967 $112,158 $96,764 $35.9480 $422918 $53.9221 $46.5211 29 $83,905 $93,228 $118,865 $83,905 $40.3389 $44.8211 1 557.1469 $40.3389 30 1 $88,188 $97,987 $124,933 $88,188 $42.3980 $47.1091 $60.0642 4 $42.3980 31 $92,597 $102,886 $131,180 $92,597 $44.5178 $49.4644 $63.0673 $44.5177 32 597,228 $108,031 $137,739 $97,228 $46.7442 $51.9379 $66.2209 $46.7442 33 5102,089 $113,432 $144,626 $102,089 $49.0813 554.5348 569.5319 549.0813 34 $107,193 $119,103 5151,856 $107,193 $51.5350 557.2610 $73.0079 $51.5350 35 $112,552 $125,058 $159,449 $112,552 554.1116 $60.1241 576.6582 554.1116 36 $118,181 $131,312 $167,423 $118,181 556.8177 $63.1307 $80.4916 556.8177 160 Exhibit C Class Code: 15699 Pay grade:31 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: DIRECTOR-PARKS AND RECREATION PURPOSE OF CLASSIFICATION The purpose of this classification is to direct operations of the Parks&Recreation Department,to include assessment of community recreational needs, acquisition of land, construction of parks/facilities, and development and implementation of programs to meet community needs, ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar,related,or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff; processing employee concerns and problems, directing work, counseling,disciplining,and completing employee performance appraisals. Coordinates daily work activities; organizes,prioritizes, and assigns work;conducts staff meetings;monitors status of work in progress and inspects completed work; confers with assigned staff,assists with complex/problem situations, and provides technical expertise. Ensures departmental compliance with all applicable codes,laws,rules,regulations,standards,policies and procedures; ensures adherence to established safety procedures;monitors work environment and use of safety equipment to ensure safety of employees and other individuals;initiates any actions necessary to correct deviations or violations. Consults with Administrator of Public Services, Board of County Commissioners, or other officials to review department operations/activities, review/resolve problems, receive advice/direction, and provide recommendations; prepares and presents various reports to Board of County Commissioners; serves as liaison and technical advisor to Parks&Recreation Advisory Board;provides staff assistance to Administrator of Public Services as needed. Develops and implements long and short term plans,goals,and objectives for the department;develops five-year plan for growth management;evaluates efficiency and effectiveness of department operations,methods,procedures,and use of resources;implements improvements as needed. Develops,updates,and implements departmental policies and procedures. Develops and implements departmental operating and capital budgets; monitors expenditures to ensure compliance with approved budget; researches alternate funding sources and supplements department funds through grants and donations;determines fee schedules for park services. Directs activities involving planning and construction of parks and related facilities; coordinates acquisition of land to be used for parks projects; reviews site development plans and architectural drawings for new facilities; supervises construction projects; oversees, coordinates, and monitors work performed by outside contractors; provides project reports to upper management and County Commissioners;approves change orders within designated parameters. C DMG-MAXIMUS,INC. Page 1 Last Revised: July,2001 1608 Exhibit C Collier,County,Florida•Director-Parks and Recreation 15699 Performs regular/periodic inspections of park facilities; monitors park operations and identifies potential problems; initiates work orders for needed repair/maintenance work. Coordinates/conducts assessments of recreational needs and interests of the community; determines appropriate types of programs to offer for various populations and age groups;promotes recreational programs within the community; evaluates participation levels and overall effectiveness and success of programs; implements addition, deletion, or revision of programs; oversees, monitors, participates in, and/or evaluates recreation programs, special events, and major community events. Coordinates department programs,events,and activities with other departments,outside agencies,or others as needed; coordinates joint programs and facility development with local cities and school systems. Administers and implements contracts with outside service providers; negotiates contracts with consultants and concessionaires; recommends awarding of contracts to County Commissioners; approves contracts with designated parameters. Recommends changes to legislation and amendments to current ordinances. Compiles or monitors administrative and/or statistical data pertaining to department operations; analyzes data and identifies trends;summarizes data and prepares reports. Performs administrative tasks; reviews/approves time sheets, training requests, and travel requests; reviews/approves purchase requests and invoices. Prepares or completes various forms,reports,correspondence,annual management plans,executive summaries,project reports,meeting agendas,budget documents,grant applications,performance evaluations,policies,procedures,or other documents. Receives various forms, reports, correspondence, budget reports, invoices, contracts, change orders, time sheets, training requests, travel requests, fee schedules, policies, procedures, site development plans,architectural drawings, maps, manuals,publications, reference materials,or other documentation; reviews, completes,processes,forwards or retains as appropriate. Operates a personal computer, motor vehicle, digital camera, copy machine, fax machine, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, presentation, e-mail, Internet,or other computer programs. Monitors inventory of department equipment, materials, and supplies; ensures availability of adequate materials to conduct work activities;initiates orders for new/replacement materials;prepares and reviews bid proposals. Provides information to the public;responds to questions and complaints related to department programs,operations, and activities; researches problems and initiates problem resolution; resolves conflicts involving contractors, consultants,or citizens. Serves as department spokesperson with the media; responds to media requests for information and interviews regarding department programs,activities,and issues. Communicates with County officials, other departments, employees, volunteers, program participants, vendors, sales representatives, contractors, architects, consultants, local businesses, schools, community organizations, public safety agencies, government agencies, the public, the media, outside organizations, and other individuals as needed to coordinate work activities, review status of work, exchange information, resolve problems, or give/receive advice/direction. Attends meetings,serves on committees,and makes presentations as needed;delivers presentations to civic groups and community organizations;develops and monitors Parks&Recreation task force committees. DMG-MAXIMUS,INC. Page 2 Last Revised: July,2001 EXhib1608 . it c Collier,County,Florida*Director-Parks and Recreation 15699 Maintains a comprehensive, current knowledge of applicable laws/regulations;maintains an awareness of new trends and advances in the profession; reads professional literature; maintains professional affiliations; participates in continuing education;attends conferences,workshops,and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes,filing documentation,or processing incoming/outgoing mail. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS 33 Bachelor's degree in Recreation Administration or closely related field;supplemented by six(6)years of progressively responsible previous experience and/or training that includes public recreation agency management,recreation program administration, long range strategic planning, construction project management,budget management,public relations, and management; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s) to drive a County vehicle as provided in.CMA 5805. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate,manage,and/or correlate data. Includes exercising judgment in determining time,place and/or sequence of operations,referencing data analyses to determine necessity for revision of organizational components,and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference,descriptive,advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition,subtraction,multiplication and division;ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights,and measures. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Q DMC-MAXIMUS,INC. Page 3 Last Revised: July,2001 Exhibit C 160 8 Collier,County,Florida•Director-Parks and Recreation 15699 Situational Reasoning: Requires the ability to exercise judgment,decisiveness and creativity in situations involving broader aspects of organizational programs and operations, moderately unstable situations, or the direction, control and planning of an entire program or set of programs. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight(5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions,such as humidity,temperature extremes,or traffic hazards. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act,the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. ©DMG-MAXIMUS,INC. Page 4 Last Revised: July,2001 Exhibit C 6 8 Class Code: 15630 Pay Grade:23 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: MANAGER-PARK OPERATIONS PURPOSE OF CLASSIFICATION The purpose of this classification is to oversee, plan, direct, and supervise fiscal personnel and operational activities within the Parks and Recreation Department. Employee in this classification provides budgetary, operational, and administrative support to the Department Director as assigned. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar,related,or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work,counseling, disciplining,and completing employee performance appraisals Directs the financial staff to ensure all fmancially related transactions are accurate and processed in 1 a timely manner and are in compliance with financial guidelines relative to the Clerk's office and Budget Office requirements, departmental budgetary allowance, senior parks management ,and all other department directed policies. Prepares, organizes, implements and administers the yearly departmental revenue/expenditure budget requests including the operating capital budget. Oversees expenses for Parks and Recreation department; prepares cost estimate for budget preparation. Develops and submits budget for assigned units. Maintains records on activities, services and personnel (such as fees, beach users, rentals, users of facilities) in order to monitor and adjust recreation programs. Prepares and analyzes program reports and correspondence for use by staff Complies and interprets data for reports and memoranda regarding operating achievements. Manages the financial staff to ensure all financially related transactions are accurate and processed in a timely manner and are in compliance with financial guidelines relative to the Clerk's office and Budget Office requirements, departmental budgetary allowance, senior parks management and all other department directed policies. Serves as the financial liaison to the Office of Management & Budget and the Clerk of Courts finance staff ensuring that budgets are developed on time, that they adhere to the required formats and that invoices and bills are properly reviewed, analyzed and processed. Provides information related to the department's financial matters and data in association with all audits involving the C DMG-MAXIMUS,INC. Page 1 Last Revised:June,2012 160 8 - Exhibit C Collier County,Florida Manager-Park Operations 15630 department. Develops and reviews contracts; manages contracts and contractors; Enforces, oversees and tracks agreements, licenses, contracts and warranties. Communicates with Director, County officials, employees, other departments, other jurisdictions, volunteer, contractors, vendors/suppliers, the public, community organizations and other individuals as needed to plan and execute work activities, review status of work, exchange information, or resolve problems. Prepares or completes required forms, reports, correspondence, budget documents, cost estimates, purchase order requisitions, agenda, action plans, and other documents; develops, reviews, and submits Executive Summaries. Conducts management and supervisory staff meetings in order to review status of operations which communicates necessary management information. Researches, responds to and resolved difficult citizen/user complaints related to parks and recreation programs that are escalated to this classification's level. Researches and prepares various operational and evaluative reports (beach access, fee policy, outsourcing, etc.) for the department director to present to the Board of Collier County. Performs follow-up work as needed to clarify the contents and intent of the reports. Establishes updates and enforces departmental policies and procedures, governing financial and business decisions within the department; develops and implements internal fiscal controls, policies and procedures to reduce the potential risk of error. Audits all cash handling facilities to ensure proper cash handling procedures are in compliance. Operates a computer, printer, measuring wheel, two-way radio, drafting instruments, motor vehicle,or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet,database,or other system software. ADDITIONAL FUNCTIONS Assists with long-term planning and goals. Acts as the information technology liaison for the department. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. CO MIS-MAXIMUS,INC. Page 2 Last Revised: June,2012 160 8 Exhibit C Collier County,Florida•Manager-Park Operations 15630 MINIMUM QUALIFICATIONS Bachelor's degree in Business Administration, Public Administration, Recreation, or closely related field; three to five years of experience in management, budgeting, and recreation.; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida driver's license. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual of probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. CD DMG-MAXIMUS,INC. Page 3 Last Revised: June,2012 Exhibit C 1 60 8 Collier County,Florida-Manager-Park Operations 15630 Sensory Requirements: Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as wetness, humidity, temperature and noise extremes, traffic hazards,or violence. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. • DMG-MAXIMUS,INC. Page 4 Last Revised: June,2012 160 8 Exhibit C Class Code: 91004 Pay Grade: 19 COLLI ER COUNTY, FLORDIA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: OPERATIONS ANALYST PURPOSE OF CLASSIFICATION The purpose of this classification is to coordinate special projects and conduct research and analysis of various departmental functions and operations. Work at this level is of a responsible,technical or professional level relative to a supporting role in the management of a division, department,or operation,but without supervisory or managerial responsibilities. All authority and autonomy inherent in this classification is at the discretion of and delegated by a Department Director or Division Administrator. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar,related,or a logical assignment for this classification. Other duties may be required and assigned. Conducts operational and legal research,productivity analyses and management studies to assist in the management of departmental operations,programs,and services: compiles and/or monitors various administrative, legal and statistical data pertaining to divisional operations;researches information pertinent to task or project;analyzes data and identifies trends; prepares or generates reports; prepares legal documents and agreements;makes recommendations for changes in policies and procedures to improve operations, provide more responsive service, and/or optimize the use of resources;and develops recommendations for changes in departmental policies and procedures;and provides technical assistance and information to management to aide decision making. Performs financial reviews and analyses for the department:compiles and evaluates operational data and cost histories; monitors and reviews billing activities, expenditures, and financial reports; conducts detailed cost analysis; makes recommendations to improve cost and operational effectiveness;and participates in budget development. Coordinates special projects for the department, including the planning, design, implementation, and evaluation of moderate construction/maintenance projects, management studies, introduction of new programs, and various professional services: assists in defining the scope of the project; identifies and recommends proper allocation of financial, material, and human resources committed to the project; formulates solutions and resolves problems; facilitates implementation of the project; and provides administrative support to the project as needed. Work at this level is usually relegated to coordination of the department's participation in major,county-wide projects,and serves in a secondary or subordinate role to the designated construction manager for large capital improvement projects. Oversees professional contractors and/or consultants providing services for projects: participates in the evaluation and selection of contractors/consultants; interfaces with and monitors the contractors/consultants to ensure timely and quality completion of project; facilitates cooperation with the project throughout the organization;and provides information and support as needed. Assists the department managers with strategic and long-range planning for departmental operations:participates in planning efforts at the local and regional level;keeps Director apprised of developments at the state and federal level hat impact the department; monitors pending legislation for impact on operations; oversee compliance with new legislation. Administers grants for various state and federally funded programs: compiles and submits grant applications; researches funding sources and program opportunities;assists departments with grant activities;monitors and ensures compliance with all requirements for awarded grants. ©I)MG-MAXIMUS,INC. Page 1 Last Revised: September,2011 1608 Exhibit C Collier County,Florida•Operations Analyst 91004 Responds to complaints and questions related to county or department operations,activities, or other issues: responds to county manager and/or board of county commissioners inquiries or complaints as requested, provides information, researches problems, and initiates problem resolution; and works with supervisors and managers to ensure effective communication,coordination and cooperation across units. Represents the administrator,directors and department at various meetings,functions,and events: seives as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from the state, authorities, and commissions; provides information about departmental operations;participates in discussions and decisions;and keeps the director apprised of activities. ADDITIONAL FUNCTIONS Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's degree in Public/Business Administration, operations research, a field related to assigned operation, or equivalent technical experience and certification; supplemented by three years of experience in area of assignment; or any equivalent combination of education,training,and experience which provides the requisite knowledge, skills,and abilities for this job. Understands governmental laws, regulations and policies. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s)to drive a County vehicle as provided in CMA 5805. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction:Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project,program,or designated area of responsibility. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference,descriptive,advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions;and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written,oral,diagrammatic,or schedule form;and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment,decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. DMG-MAXIMUS,INC. Page 2 Last Revised: September,2011 Exhibit 160 8 Collier County,Florida•Operations Analyst 91004 Leadership: Requires demonstrated ability to guide the division business plan,represents the administrator,directors and department at various meetings;serves as a liaison to various committees,confers with the commissioners and managers office regularly;provides information about departmental operations,procedures and policies;and assist in staff training or mentoring as the situation may dictate. Customer Service: Requires the ability to recognize and promote support for internal and external customer needs; exercise judgment to resolve problems, issues and questions that arise; demonstrates an ability to be flexible and sensitive within governmental policies and procedures to internal and external customer needs and concerns. Financial Accountability: Requires the ability to analysis various operational data;makes recommendations to improve cost and operational effectiveness;and participates in budget development when necessary. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting,carrying,pushing and/or pulling of objects and materials of light weight(5-10 pounds).Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds, visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions,however some field work with exposure to minor environment conditions may be a function of assignment. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. ©DMG-MAXIMUS,INC. Page 3 Last Revised: September,2011 160 Code: 12301 Pay grade:31 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: DIRECTOR-FACILITIES MANAGEMENT PURPOSE OF CLASSIFICATION The purpose of this classification is to perform managerial and administrative work functions associated with overseeing the Depaitment of Facilities Management daily operations and administration of the Department of Facilities Management including design, construction and maintenance of all county buildings, facilities and contract administration,and facility security. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification lithe work is similar,related,or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling,disciplining,and completing employee performance appraisals. Manages and directs, either personally or through subordinate supervisors, daily activities of personnel engaged in design, construction, maintenance and security of county buildings, facilities and contract administration, and administrative support;oversees assigned intern program. Prepares short term and long range management plans; establishes priorities for department activities; disseminates information and delegates assignments and special projects. Formulates, develops, and implements standard operating procedures and policies; monitors implementation of departmental rules and regulations;updates departmental guidelines according to federal,state,or local legislation. Evaluates and determines proficiency level of section services and assigned personnel; identifies areas requiring improvement;formulates and executes action plan to correct deficiencies. Ensures state-of-the-art equipment and methodology is used in all areas of responsibility. Directs design of government buildings and space; maintains the county's Master Space Plan; ensures safe and appropriate work space for employees and associated activities. Manages construction and maintenance of government buildings including jails, correctional facilities, libraries and office buildings;oversees renovation,alteration,and capital projects;reads blue prints,schematics,flow charts,and lab reports. Monitors and responds to indoor air quality concerns;directs and/or assists with indoor air quality projects. Administers outside service contracts such as janitorial, landscaping, indoor air quality, fire control systems, and building maintenance. tf DMG-MAXIMUS,INC. Page 1 Last Revised: October,2012 Exhibit C 1608 Collier County,Florida•.Director-Facilities Management 12301 Oversees government security;provides campus and adjoining area security, courthouse security, and special security details at various meetings and special events to county citizens and officials. Develops and presents executive sununaries and special project reports as required. Responds to questions,complaints and requests for information/assistance from the general public,commissioners and other public officials,outside agencies,employees,supervisors,or other individuals and/or departments. Establishes priorities for anticipated departmental requirements for each fiscal year; prepares and submits annual budget information;analyzes budgetary data,section requests,and recommends revisions as appropriate. Administers approved capital project and administrative budgets; monitors operational expenditures for fiscal compliance. Oversees completion and accuracy of county records including personnel, equipment, vehicles, supplies, and other county purchased items;peruses documents processed by subordinates;provides technical assistance as needed. Attends and conducts departmental staff meetings; attends workshops and training sessions as appropriate; serves on, directs,or manages a myriad special panels,boards,and/or committees. Prepares and/or receives a variety of forms, logs, requests, records, reports, coilespondence, and other documents associated with daily responsibilities of this position; reviews, completes, processes, approves, forwards, maintains, and/or takes other action as appropriate;prepares and maintains files and records. Operates a personal computer, printer, calculator, copy and facsimile machines, telephone, or other equipment as necessaryto complete essential functions,to include the use of word processing,mppr spreadsheet,database,or other system software. ADDITIONAL FUNCTIONS Programs security access cards to control entry to county buildings; creates employee identification badges; develops the automatic door schedule;makes changes to the DRI. Ensures closed circuit television(CCTV)is functional to observe movement throughout assigned security areas. Reviews and adjusts building automation settings to manage and conserve energy throughout the county. Maintains changes to the Master Space Plan;assists with relocation of departmental office facilities. Answers the telephone;provides information,guidance and assistance;takes and relays messages and/or directs calls to appropriate personnel;returns calls as necessary. Substitutes for other supervisors and/or co-workers in temporary absence of same;provides guidance, training, and/or assistance to other department personnel. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. Performs work functions associated with maintaining security and safety at assigned County facilities and buildings, enforcing applicable laws,rules and regulations and providing protection and aid to County employees and citizens. DMG-MAXIMUS,INC. Page 2 Last Revised: October,2012 Exhibit C 1613 8 Collier County,Florida•Director-Facilities Management 12301 MINIMUM QUALIFICATIONS Bachelor's degree in Public/Business Administration, Facilities Management, or closely related field; six(6)years of progressively responsible managerial experience in construction, facilities,or property management or as an operations director;or any equivalent combination of education,training,and experience which provides the requisite knowledge, skills, and abilities for this job. Must meet all promotional eligibility requirements and certifications. Must complete training, certification and licensing from the State of Florida for Security D and G licenses within one year of appointment. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s) to drive a County vehicle as provided in CMA 5805. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time,place and/or sequence of operations,referencing data analyses to determine necessity for revision of organizational components,and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction,multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights,and measures. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving broader aspects of organizational programs and operations,moderately unstable situations,or the direction,control and planning of an entire program or set of programs. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods offline at a keyboard or workstation. C DMG-MAXIMUS,INC. Page 3 Last Revised: October,2012 160 8 Exhibit C Collier County,Florida•Director-Facilities Management 12301 Sensory Requirements:Some tasks require the ability to perceive and discriminate visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. DMG-MAXIMUS,iNC. Page 4 Last Revised: October,2012 ExhibitC 160 8 Class Code: 13835 Pay Grade: 27 COLLIER COUNTY, FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: PROJECT MANAGER,PRINCIPAL PURPOSE OF CLASSIFICATION The purpose of this classification is to perform supervisory work, professional engineering design work, and project management work involving construction projects for an assigned department. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar,related,or a logical assignment for this classification. Other duties may be required and assigned. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; conducts interviews and makes hiring recommendations;coordinates or conducts staff training activities. Provides direction, guidance and assistance to employees, contractors, and work crews; coordinates daily work. activities;organizes,prioritizes,and assigns work;monitors status of work in progress and inspects completed work; confers with staff, contractors, and work crews as needed; assists with complex/problem situations and provides technical expertise. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures;monitors work environment and use of safety equipment to ensure safety of employees and other individuals; interprets construction plans and specifications; researches code books as needed; initiates any actions necessary to correct deviations or violations. Consults with department management or other officials to review status of department projects, review/resolve problems,receive advice/direction,and provide recommendations. Plans,prioritizes,supervises,and oversees the work of staff members and consultants involved in the design,planning, scheduling,construction,specification development,and various activities during various stages of projects. Recommends and assists with implementation of long and short term plans,goals, and objectives;evaluates efficiency and effectiveness of department operations, activities, systems, and procedures and recommends improvements or modifications;reviews proposed legislation to determine potential impact on current/future projects/programs;assesses and provides input regarding the impact of project activities on County public/private facilities. Establishes schedules and methods for providing effective and timely project management support; develops project tracking and status reporting systems;prepares various reports on status of operations and activities. Assists with development and implementation of departmental policies and procedures. U DMG-MAXLVRJS,INC. Page 1 Last Revised: August,2004 1 6 0 8 Exhibit C Collier,County,Florida•Project Manager,Principal 13835 Assists with development and implementation of departmental budget prepares and administers project budgets; prepares cost estimates; submits justifications for budget requests; monitors expenditures to ensure compliance with approved budget. Designs/develops architectural drawings, engineering plans, and specifications associated with proposed projects; defines design needs; determines design solutions; develops design modifications and improvements to existing systems;produces designs using computer-aided design(CAD)software and drafting instruments;maintains computer models and provides modeling data to consultants. Prepares engineering reports,analyses,and records. Reviews construction plans, designs, design reports, and specifications pertaining to projects; reviews design compliance with applicable laws, codes, and standards; ensures constructability of plans; conducts field checks of proposed designs; makes recommendations concerning improvements, modifications, design strategies, structural systems,or other aspects of project development. Prepares project schedules;monitors progress of project in meeting established schedule. Coordinates process for bidding and contracting of services; prepares Requests For Proposal (RFPs) for engineering services, design services, construction services, inspection services, maintenance services, or other services; prepares bid packages; conducts pre-bid and pre-construction meetings; issues addendums to clarify questionable issues; participates in negotiations of scope of services and fees for professional services agreements;makes recommendations to Boards regarding selection of vendors and awarding of contracts; compiles contract language, including specifications package. Coordinates acquisition and/or maintenance of required permitting; researches federal, state, and local code requirements; coordinates efforts between multiple departments, co-applicants, and consultants to prepare application documents;develops programs and reports as required by permit. Oversees, administers, and coordinates work performed by consultants, contractors, or other service providers; administers annual maintenance contracts; monitors work to ensure compliance with terms of contract; reviews invoices and payment requests submitted by consultants/contractors. Manages projects during design and construction phases; attends regular project progress meetings;prepares,reviews, and processes change orders for changes to contracted scope of work; processes purchase order requisitions, work orders, and invoices; reviews project progress reports submitted by contractors; monitors adherence to project schedules;provides technical assistance to capital projects management staff. Conducts inspections,monitors work,and maintains records to ensure quality control; inspects quality of construction work and materials; coordinates final inspections with contractors and engineers; coordinates project acceptance with other County departments or government agencies. Prepares executive summaries for presentation to Board of County Commissioners, Planning Commission, or other officials. Provides technical advice, information, and assistance concerning engineering issues, project management issues, design/construction activities, and other issues to contractors, consultants, County staff; public agencies, or others; responds to questions or complaints;assists in resolving engineering problems,project development issues,or conflicts involving project participants;recommends solutions to problems. Coordinates projects and work activities with other departments, consultants, contractors, sub-contractors, utility companies, state agencies, outside agencies, or others as needed;coordinates with utility engineering staff to identify location of existing utilities and conduct other utility work. DMG-MAXIMUS,INC. Page 2 Last Revised: August,2004 1613 8 Exhibit C Collier,County,Florida•Project Manager,Principal 13835 Coordinates public education activities relating to department projects, services, and activities; coordinates neighborhood programs involving participation of residents, such as resident traffic teams; speaks to property owners and community organizations and provides information regarding projects and activities; develops press releases and public information materials for distribution. Participates in legal activities relating to projects;attends hearings during court proceedings and provides depositions; meets with County Attorneys to discuss cases. Prepares/submits requests for review/changes to ordinances or resolutions. Prepares or completes various forms, reports, correspondence, performance appraisals, executive summaries, engineering reports,engineering analyses,requests for proposals,requests for qualifications, specifications, schedules, flow charts,progress/status reports,budget documents,cost estimates,purchase order requisitions,notices to proceed, work orders, change orders, punch lists, agendas, action plans, permit applications, permit reports, right-of-way documents,grant proposals,drawings,designs,maps,or other documents. Receives various forms, reports, correspondence, job applications, statistical reports, land surveys, traffic counts/studies, drawings, construction plans, design plans, flow charts, diagrams, design reports, schedules, bid proposals, cost estimates, permit applications, contracts, change orders, progress reports, budget reports, invoices, payment requests, insurance certificates, inspection reports, technical study reports, laboratory reports, photographs, master plans, specifications, standards, product literature, proposed legislation, codes, policies, procedures, trade publications, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Maintains files/records of project documentation,contracts,construction drawings,and other depai unental records. Operates a motor vehicle,personal computer, drafting tools, survey instruments, camera, general office equipment,or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database,graphics,computer-aided design(CAD),e-mail,Internet,or other computer programs. Monitors inventory of department equipment and supplies; ensures availability of adequate materials to conduct projects and work activities;initiates orders for new/replacement materials. Communicates with supervisor, County officials, employees, other departments, attorneys, engineers, designers, consultants,contractors,developers,vendors/suppliers,utility companies,state/federal agencies,the public,the media, community organi7ations,outside agencies,and other individuals as needed to coordinate work activities,review status of work,exchange information,resolve problems,or give/receive advice/direction. Attends various meetings and hearings, serves on committees, and makes presentations as needed; represents the County at meetings and public hearings;explains County policies and procedures relating to project activities. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new construction methods, materials, trends, and advances in the profession; reads professional literature; maintains professional affiliations;attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes,filing documentation,or picking up/delivering project documents. Provides assistance to other employees or departments as needed. Performs other related duties as required. ©DMG-IVIAXINIUS,INC. Page 3 Last Revised: August,2004 Exhibit C 1 60 8 Collier,County,Florida•Project Manager,Principal 13835 In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's degree in Civil Engineering, Construction Management, Environmental Engineering, Landscape Architecture, Architecture, or a related field; supplemented by nine (9) years of progressively responsible previous experience and/or training that includes project management, civil engineering, engineering design, construction supervision,budget administration, contract administration, computer-aided design(CA)) operations, and experience in specific area of assignment, which may include utilities engineering,transportation engineering,traffic engineering, landscape design/management, stormwater management, facilities management, or other area of assignment; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job.Must possess and maintain valid State of Florida Professional Engineer(P.E.)license or obtain one within six (6) months of hire; or must possess and maintain other equivalent valid licenses as a Licensed Building Architect, a Licensed Geologist or a Licensed Land Surveyor or obtain appropriate license within six(6) months of hire,depending upon area of concentration.Assignment to Facilities Management projects may requires possession and maintenance of a valid State of Florida General Contractor's License. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s)to drive a County vehicle as provided in CMA 5805. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate and control the actions of equipment,machinery,tools and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utilize a wide variety of reference,descriptive,advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition,subtraction,multiplication and division;ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas,and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment,decisiveness and creativity in situations involving the evaluation of information against sensory,judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: DMG-MAX1MUS,INC. Page 4 Last Revised: August,2004 160 Exhibit C Collier,County,Florida•Project Manager,Principal 13835 ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work,but which may involve some lifting,carrying,pushing and/or pulling of objects and materials of light weight(5-10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Reg u ire meats: Some tasks require the ability to perceive and discriminate colors or shades of colors,depth, texture,and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors,wetness, humidity,rain,temperature and noise extremes, fumes,traffic hazards,or bright/dim light. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act,the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. C DMG-MAXIMUS,INC. Page 5 Last Revised: August,2004 160 8 Exhibit County Manager's Memo authorizing submittal with after the fact approval by the Board of County Commissioners goes here. 160 8 EXHIBIT E From: BetancurNatali Sent: Wednesday, February 11, 2015 11:42 AM To: WilliamsBarry Subject: RE:Articles of Incorporation Attachments: Purchase Order Terms and Conditions.pdf;Old Purchasing Policy(Revised 2- 09).pdf;Ordinance.pdf The audits are massive documents so I'm forwarding you the links below: 2013 http://www.collierclerk.comiimages/resource-library/pdficafr-reports/2013%20collier%20county.pdf 2012 http://www.collierclerk.comiimagesiresource-library/pdficafr-reports 2012%20CAFR%20Re•ort..df 160 8 Exhibit F iP Office of the County Manager Leo E. Ochs, Jr. 3299 Tamiami Trail East,Suite 202•Naples Florida 34112-5746 (239)252-8383*FAX:(239)2524010 February 12, 2015 Ms.Kimberley Grant,Director Collier County Community and Human Services 3339 E.Tamiami Trail, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2015-2016 CDBG/HOME/ESG Grant Application Cycle Dear Ms, Grant and members of the RRC: I have read the Collier County Community and Human Services(CHS)application for FY2015-2016 HUD funding.On behalf of Collier County Board of County Commissioners,as the duly authorized signatory for the Collier County Board of County Commissioners, I agree to and accept the terms, specific limitations,and conditions expressed therein.The information contained in this proposal or any part thereof,including exhibits,schedules and other documents,delivered to the County are true,accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part,misrepresent or mislead the County as to any material facts. By signing below,the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded CDBG/HOME/ESG funds,as applicable,the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements,including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for,additional documentation including a revised budget,scope of work and proposed accomplishments may he requested prior to final funding determinations.The County reserves the right to verify that the authorized signature above is authorized to bind the Applicant(on behalf of the Organization)and may require the Application to submit documentation verifying such authority. Sincerely, Leo E.Ochs,Jr. County Manager 160 Exhibit G AFFIDAVIT OF COMPLIANCE WITH FEDERAL.STATE,LOCAL REGULATIONS The undersigned certifies that the information in this application is true and correct. The undersigned further certifies that they are aware that if Collier County CHS finds that the applicant or undersigned has engaged in fraudulent actions or intentionally misrepresented facts on this application, this application will be rejected and the applicant may be unable to participate in any program for three (3)fiscal years. In applying for CDBG/HOME/ESG funds, the applicant has read, understands and agrees to comply with all the provisions of all federal regulations issued thereto by the U.S. Department of Housing and Urban Development, state and local regulations and laws. I. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant (CDBG)funds. 2. 24 CFR 58-The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended S. 24 CFR 570.601 Subpart K -The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the 1 6 Exhibit G COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (I2 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- basgd paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended byExecutive Orders 11375, 1l478, 12lO7and l2006. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. - _ 160 8 Exhibit G 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K. 12. The Americans with Disabilities Act of 1990 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1870, as amended. 14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis- Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR 135.11(c)). 15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 18. Public Law 100-430-the Fair Housing Amendments Act of 1988. 19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections: | � Subpart A—General; * Subpart B — Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C—Post-Award Requirements, except for: o Section 84.22, Payment Requirements-Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23, Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow 57U.5O4; o Section 8425, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g) 1608 Exhibit G • In all cases in which equipment is sold,the proceeds shall be program income (pro-rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; o Section 84.52, Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b)applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities, 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion, 1 6 0 8 Exhibit G 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25.The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.[. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. [ In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state or local historic property list. 29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act ofl988 /4IUSC 7O1\. 160 8 Exhibit G 30. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in34CFR 57Q.6OA, Subpart K. 31.The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States, local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions {even if part of a State or local government)follow: • A-21 for Cost Principles • A-lb for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-lb for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (100) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A'139, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of I970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere 570.505.tothe COBGRegulations at24CFR 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is J. 6_0 8_ 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Formn-LLL "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub'gramts, contracts under grantsloans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention Organization Name: Collier County Board of County Commissioners C.,7�.� Name/Signature: Leo E. Ochs Jr. - > (P|easePrin1) U;�mdture) Title: County Manager Date: February1@'JO1S 42 16D 8 Exhibit G 1. All construction or rehabilitation plans and permits must be approved and in place prior to funding. Copies of all permits must be attached to application. 2. The County shall not be obligated to pay any funds to the project prior to the completion of an environmental review of the project and said review is approved by any government agencies as may be required by law. 3. The Applicant will assure all wages paid to construction workers by its or its subcontractors are in compliance with federal, state and local labor requirements. The Applicant agrees to include in the construction bid specifications in connection with this agreement the applicable Federal Wage Determination assigned to this project by HUD. The applicant must also inform the contractor/subcontractors that they will be required to submit documents after a county conducted pre-construction conference and prior to construction. Weekly Davis Bacon reports must be submitted thereafter as required by the federal government. 4. The Applicant agrees to comply with and to assure that its subcontractors comply with the federal Office of Management and Budget (OMB) Circular Number A-102 . ' Attachment E for programs funded in whole or in part of CDBG/HOME funds; with federal OMB Circular A-102 Attachment 0 for the procurement of supplies, equipment, construction and services; and with Federal Management Circular A-87; or any other applicable 0MB Circular. 5. Pursuant to Section 109 of the Actthe Applicant specifically agrees that no person shall be denied the benefits of the program on the grounds of race, color, sex, religion or national origin. G. The Applicant agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative action in attempting to employ low income and minority persons, as mandated by law (Section 3). 7. As required by OMB Circular Number A-102 and by Florida Statutes Section 287.055, professional services must be competitively selected. The competitive selection process must include a public advertisement, issuance of a request for application and a competitive review based on uniform criteria. Selection criteria must consider the basic qualifications, professional competence, experience and suitability of each firm. Fees for professional services must be requested as a fixed sum and not stated as a percentage of construction costs. 8. All documents, bid specifications, notices and construction drawings must be submitted for review and approval to Collier County Housing, Human and Veteran Services (HHVS) prior to public advertisement. 9. Any applicable bidding process for construction contracts, based on Collier County's Purchasing Thresholds, must include a formal advertisement, published in the Naples Daily News and the |rnnnoka|ee Bulletin (where applicable). The announcement must include the following: a.Date, time and place that bid documents are available and the same information for any pre-bid conferences and receipt of bids. 1608 , 9. Any applicable bidding process for construction contracts, based on Collier County's Purchasing Thresholds, must include a formal advertisement, published in the Naples Daily News and the |nnmnoha{eeBuUetin (xvhereapp|icab|e). Theannouncemnentnnust | ` ' include the following: a.Date, time and place that bid documents are available and the same information for any pre-bid conferences and receipt of bids. b. Requirement of bid surety in the amount of ten percent (10%) of the bid and a performance and payment bond equal to 100%of the award. c.Standard statement regarding the "in whole or in part" federal funding of the project and the various applicable federal regu|ations. 10. The County reserves the right to be present at the time of bid openings. 11.The Applicant agrees tonubrnittmthe County aUdocunnentationofthe steps fo||ovvedin the selection of professional services and construction contracts. 12. The Applicant agrees to specify a time of construction and include a liquidated damage daune in all construction contracts. Cost plus a percentage of cost and percentage of construction cost contracts will not be permitted. 13. The Applicant agrees that it will not start construction until an official "Notice to Proceed" has been issued. 14. Pursuant to 670.608 of the CDBG Regulations and the new provisions in the Economic and Community Development Act of 1974 as amended, the Applicant agrees to comply with the inspection, notification, testing and abatement procedures concerning lead- based paint. ead'basedpaint. I, hereby acknowledge that I have read the specific requirements contained in this Certification and that eligibility of my organization's pr 'ect depends upon compliance with the requirements contained in this document. Name of Organization: Collier County Board of County Commissioners Name/Signature: Leo E. Ochsir ''� � r f, `~ (Please Print � � (Signature)} Title: County Manager Date: February 18, 2015 44 �{ � 160 8 Exhibit H REGARDING DEBARMENT or SUSPENSION,REAL OR APPARENT CONFLICT OF INTEREST,FALSIFICATION OF DOCUMENTS,SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT,INELIGIBILITY,VOLUNTARY EXCLUSION ON AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Community and Human Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The undersigned certifies, by signing this certification,that, within the last three years,they have not: 1. Been debarred, suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in contracting with Collier County Community and Human Services by any federal department or agency. (Where the prospective individual is unable to certify to any of the statements in this certification, such individual shall attach an explanation to this certification.) 2. Had a real or apparent conflict of interest 3. Falsified documents 4. Had substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity 16D 8 However,the County reserves the right to request additional documentation prior to making a final determination. Collier County Community and Human Services may rely upon a certification by a nonprofit organization that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting unless the department knows that the certification is erroneous. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification,the Federal Government(via Section 1001 of Title 18 USC for making false statements) and Collier County may pursue available remedies, including suspension,debarment,grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: Collier County Board of County Cornmissio•ers Signature of Authorized Individual --- ro` Date: February 18,2015 Leo E.Ochs Jr.County Manager Name and Title of Authorized Individual (Print or type) 49 1608 Procurement Policy Exhibit I ii 1 6 0 8 ^ ^ Collier County Purchase Order Terms and Conditions r. 1_ Offer This offer is subjecto cancellation by the COUNTY withounotice if not accepted by VENDOR within fourteen (14) days of issuance. 2. Acceptance and Confirmation This Purchase Order(including all documents attached to or referenced herein)constitutes the entire agreement between the parties, unless otherwise specifically noted bythe COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be added and Purchase Order mot bh od exceptbywrdteninst,umentexenuted by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or differentterms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding theCOUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subjecto the COUNTY'S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performaVENDOR,the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are noreconforming or otherwise rejected by the COUNTY 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all cornerregulations_ Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipi container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL)shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices,whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the 'Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time Is Of the Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time,as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. G/Operations/Docuby Attorney Reviewed 12/18/13;5/5/10 160- 8 6. Changes The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing,VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty(30)days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 7. Warranties VENDOR expressly warrants that the goods and/or ices covered bthis Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY,and will be of satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptnce, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act,the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 9. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all olaimo, including claims of negligence, costs and expenomn, including but not limited to attorneys'fees, arising from,caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property(including property of the COUNTY or other persons),which arise out of or are incident to the goods and/or services to be provided hereunder. 11. Warranty of Non-Infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b)do not infringe any patent,trademark, copyright or trade secret;and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against anand all claims, including claims of negligence, costs and expense, including but not limited to attorneys'fees,which arise from any claim,suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a)has occurred, or is likely to occur,VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality,functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing d maintainingade ate iounance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order,VENDOR agreesthaddwiUoomplyvv(tha||fedana|. mtate. and |ooa| laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non-exhaustive example,this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further,VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Acof 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said Gt Operations/Document Approved try Attorney Reviewed 12/18/13;5/5/10 1 6 0 agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 14. Force Majeure Neither the COUNTY nor VENDOR shall be resn ib| for any delay or failure in performance resultinfrom ny cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order,VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assinth|ePunchmyeOrder. noronymbneydueo/tobecmmeduewitbuudthephcxwritten consent of the COUNTY, Any assignment made without such consent shall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property,transient rental property rented,tangible personal purchased or rented, or services purchased(Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18. Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Order may be terminated immediately bthe COUNTY for breach by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for anaction brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida b) Failure of the COUNTY to act immedresponse to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service,or b |d delivery d will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112,061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any ContracDocuments related to this Purchase Order,the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and/or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern G/ by Attorney 160 8 ^ v Collier County Purchase Order Terms and Conditions r. 1. Offer This offer is subject to cancellation by the COUNTY withounotice if not accepted by VENDOR within fourteen(14) days of issuance. 2. Acceptance and Confirmation This Purchase Order(including all documents attached to or referenced herein)constitutes the entire agreement between the parties, unless otherwise specifically noted bthe COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. No additional terms may be addeand Purchase Order mnot be changedexcept by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or differentterms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY'S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 3. Inspection All goods and/or services delivered hereunder shall be received subject|oth COUNTY'S ikoand approval and payment therefore shall not constitute acceptance. Alt payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR'S expense. To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 4. Shipping and Invoices a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of deliveryprovided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENR. b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized,any discount will be taken on the full amount of invoice. c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL)shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR'S ese that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices,whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats.,otherwise known as the"Local Government Prompt Payment Act," and, pursuant to the Board of County Commissioners Purchasing Policy. 5. Time|s Ofthe Essence Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY alone, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agreeshovsimbureethe COUNTY for any expenses incurred in enforcing its rights VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY'S right to insist upon further compliance with all specifications. GI Operations/Document Approved by Attorney 160 8 6. Changes The COUNTY mat a time and by written notice make changes to drawings and specifications, shipping instructions,quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cosof,or the time required for performance of the Purchase Order, an equitable adjustment in the h and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing,VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made withinthirty(30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. T. Warranties VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or othdescriptions fui hed or specifiedbytheCOUNTY. andwiObeuf satisfactory material and quality production,free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 8. Statutory Conformity Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, includibut not limited to the Occupational Health and SafetAct,the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. Q. Advertising No VENDOR providing goods and services to the COUNTY shall advertise the facthat it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY'S name or other identifying marks or property without the prior written consent of the COUNTY'S Purchasing Department. 10. Indemnification VENDOR shall indemnify and hold harmless the COUNTY from any and all claimsincluding | im of n |) , costs and expenses, including but not limited to attorneys'fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to pcluding property of the COUNTY or other persons),which arise out of or are incident to the goods and/or services to be provided hereunder. 11, Warranty of Non.infringement a) VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) in compliance with applicable laws; b)do not infringe any patent,trademark, copyright or trade secret;and c) do not constitute unfair competition. b) VENDOR shall indemnify and hold harmless the COUNTY from and against and alldai s including claims of negligence, costs and expense, including but not limited to attorneys'fees,which arise from any claim, suit or proceeding alleging that the COUNTY'S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). c) If any claim which arises from VENDOR'S breach of section 11 (a)has occurred, or is likely to occur, VENDOR may, at the COUNTY'S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance,quality,functionality or additional cost to the COUNTY). 12. Insurance Requirements The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 13. Compliance with Laws In fulfilling the terms of this Purchase Order,VENDOR agrees that it will comply with all federal, state,and local laws rules codes and ordinances thatare a |icab|etothaoonductcfhabusinemm. By way of non exhaustive example this shall include the American with Disabilities Actand all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans status. Further,VENDOR acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.Q.C. 1824.etsee. and regulations relating therehu, as either may be amended. Failure by the awarded firm(s)to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said G/Operations/Document Approved by Attorney Reviewed 12/18/13;5/5/10 1 6 0 . agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contracarising from this Purchase Order 14. Force Majeure Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes,civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order,VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 15. Assignment VENDOR may not assign this Purchase Order, nor any moneydue or to become due without the prior written consent of the COUNTY. Any assignment made without such consenshall be deemed void. 16. Taxes Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property,transient rental property rented, tangible personal purchased or rented, or servicespurchased(Florida Statutes, Chapter 212), and from federal excise tax. 17. Annual Appropriations The COUNTY'S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 18, Termination This Purchase Order may be terminated at any time by the COUNTY upon 30 days prior written notice to the VENDOR. This Purchase Ordbe by VENDOR of the terms and conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 19. General a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County. Florida b) Failure of the COUNTY to act immediately in resnse to a breach of this Proh Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage,delivery and other charges shalt be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. d) The Vendor agrees to reimbursement of any travel eses that may be associated wh this Purchase Order in accordance with Florida Statute Chapter 112.061 Per Diem and Travel Expenses for Public Officers, employees and authorized persons. e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order,the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and/or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. GI Operations/Document Approved by Attorney 1608 ORDINANCE NO. 2013- 69 AN ORDINANCE REPEALING ORDINANCE 87-25 AS AMENDED, WHICH ORDINANCE ESTABLISHED THE COLLIER COUNTY PURCHASING DEPARTMENT AND ADOPTED A PURCHASING POLICY, AND REPLACING IT WITH THIS NEW ORDINANCE, TO BE KNOWN AS THE COLLIER COUNTY PURCHASING ORDINANCE, WHICH ORDINANCE SETS FORTH ITS PURPOSE AND APPLICABILITY; PROVIDES FOR DEFINITIONS; ESTABLISHES AND SETS FORTH THE DUTIES OF A PURCHASING DEPARTMENT AND PURCHASING DIRECTOR; PROVIDES FOR A PURCHASING MANUAL; PROVIDES FOR PURCHASES UNDER S50,000, AND FOR PURCHASES OVER S50,000, PROVIDES FOR A COMPETITIVE BID PROCESS, THE PROCUREMENT OF PROFESSIONAL SERVICES, COMPETITIVE PROPOSALS, AND PROCUREMENT OF DESIGN-BUILD CONTRACTS; ESTABLISHES POLICIES FOR SMALL AND DISADVANTAGED MINORITY AND WOMEN BUSINESS ENTERPRISES AND FOR PREFERENCE TO LOCAL BUSINESSES; PROVIDES FOR PAYMENT OF INVOICES AND ADVANCE PAYMENTS FOR GOODS AND SERVICES; PROVIDES FOR PROCUREMENTS BASED ON STANDARDIZATION, COOPERATIVE PURCHASING ORGANIZATIONS AND GOVERNMENT CONTRACTS; SETS FORTH A PROCEDURE FOR CONTRACT ADMINISTRATION AND FOR BONDS; PROHIBITS UNAUTHORIZED PURCHASES INCLUDING SUBDIVIDING PURCHASES; SETS FORTH A PROCEDURE FOR BID PROTESTS AND CONTRACT CLAIMS; PROVIDES FOR PURCHASES DURING EXIGENT CIRCUMSTANCES, EMERGENCIES AND BOARD RECESS PERIODS; PROVIDES FOR INSPECTING AND TESTING; PROVIDES FOR SURPLUS PROPERTY; PROVIDES FOR A PURCHASING CARD PROGRAM; PROHIBITS CONFLICT OF INTERESTS; SETS FORTH A PROCEDURE FOR THE DEBARMENT AND SUSPENSION OF VENDORS; AUTHORIZES THE BOARD TO WAIVE THESE PROVISIONS WHEN APPROPRIATE; AND LASTLY PROVIDES FOR CONFLICT AND SEVERABILITY, INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners(the Board)desires to seek the maximum value for the County by procuring the best value in obtaining commodities and contractual services; and WHEREAS,the Board must approve all purchases for valid public purpose and approve all expenditures; and WHEREAS, obtaining as full and open competition as possible on all purchases and contracts and maximizing volume discounts by consolidating purchases and buying "in bulk" when practical serves to further the County's goals and is in the best interest of the taxpayers of Collier County; and 1 1608 WHEREAS, the Board of County Commissioners desires to ensure the County receives all tax exemptions to which it is entitled;and WHEREAS, it is in the best interests of the County for all its agencies and departments to cooperate so as to secure maximum efficiency. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Purchasing Ordinance" or"Purchasing Ordinance." SECTION TWO: Purpose. The purpose of this Purchasing Ordinance is to codify and formalize Collier County's Purchasing Policy, to provide for the fair and equitable treatment of all persons involved in public purchasing by the County, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity. Any provision of this Ordinance in conflict with statute is null and void as to the conflict. SECTION THREE: Applicability. (a) This Purchasing Ordinance applies to the procurement of goods and services by the County after the effective date of this Purchasing Ordinance. This Purchasing Ordinance shall apply to all expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective of the source of the funds. Nothing in this section shall prevent the County from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law, (b) Nothing contained herein shall be construed as requiring Collier County's Constitutional Officers (Clerk of the Circuit Court, Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector), Court Administration, State Attorney, Public Defender or the Collier County Metropolitan Planning Organization non-county funds to be covered by the provisions of this Purchasing Ordinance. However, the services of the Collier County Purchasing Department and Purchasing Director may be made available for consultation. SECTION FOUR: Definitions. Agency shall mean all departments, divisions, units and offices under the Board of County Commissioners, including the Collier County Redevelopment Agencies, the Collier County Airport 2 1 6 0 8 Authority, Collier County Water Sewer District and all departments under the auspices of the County Manager. Change Order shall mean a written order by a project manager, approved by the Purchasing Director and the Board of County Commissioners, directing the contractor to change a contract's amount, requirements, or time. All changes must be within the original scope of the contract and in accordance with the Board approved contract's changes clause or,if no such clause is set forth within the agreement, in accordance with this Purchasing Ordinance. Consultant/Contractor/Supplier/ Vendor shall mean a provider of goods or services to the County agency. These terms may be used interchangeably. Continuing Contract shall mean a contract for professional services with no time limitation except that the contract must include a termination clause. Continuing contracts must contain sufficient details of goods and services to be procured for proper audit. County shall mean Collier County. County Manager shall mean the County Manager or County Administrator of Collier County, or designee, as defined in the County Administration Law of 1974, Ch. 125, Part III, Florida Statutes. Disadvantaged Business Enterprise shall mean a small business concern certified by the Department of Transportation to be owned and controlled by socially and economically disadvantaged individuals as defined by the Surface Transportation and Uniform Relocation Act of 1987. Extension shall mean an increase in the time allowed for the contract period due to circumstances which make performance impracticable or impossible, or which prevent a new contract from being executed. An extension must be in writing, and may not change the contract's amount or requirements unless provided for in the original solicitation, contract, or as otherwise stated in this Ordinance. Fixed Term Contract is one in which the purchase of commodities or services are available for use Countywide by all agencies as deemed necessary in instances where it is impracticable to establish definitive quantities,ordering schedules, or the details of the specific work to be performed in advance of establishing the contracts(s). Typically, the term and fee schedules are fixed for a period of time. These contracts are often implemented by purchase orders or work orders and may be awarded to multiple firms. Invitation to Bid shall mean a written or electronic solicitation for sealed competitive bids with the title, date, and hour of the public bid opening designated and specifically defining the commodity, group of commodities, or services for which bids are sought. It includes instructions prescribing all conditions for bidding and will be distributed to registered bidders simultaneously. The invitation to bid shall be used when the agency is capable of specifically defining the scope of work for which a contractual service is required or when the agency is capable of establishing precise specifications defining the actual commodity or group of commodities required. 3 160 8 Invitation to Negotiate shall mean a written or electronically posted solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations before the procurement of commodities or contractual services. The invitation to negotiate is a solicitation used by an agency which is intended to determine the best method for achieving a specific goal or solving a particular problem and identifies one or more responsive vendors with which the agency may negotiate in order to receive the best value. Lowest responsive bid shall mean a bid submitted by the apparent lowest, qualified and responsive bidder whose bid response meets the needs of the County, as set forth in the invitation to bid. Minority business enterprise shall have the same definition as set forth in Florida Statutes Sec. 288.703, as amended from time-to-time, which presently means any small business concern as defined below which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. For purposes of this definition, "small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments. Purchase or procurement shall mean the acquisition of goods or services. Purchasing Card shall mean a credit card officially assigned to specific employees under the purview of the Board of County Commissioners for the purpose of transacting small and/or strategic purchases. Purchase Order shall mean a contract which encumbers appropriated funds and which is directed to a single vendor to furnish or deliver commodities or services to the County. Purchasing Director is the Purchasing Director of Collier County. Purchasing Manual shall mean the Board of County Commissioners' adopted administrative procedures for implementing this Purchasing Ordinance. Purchasing Policy or Policies shall mean the purchasing practices and procedures outlined in this Purchasing Ordinance. Qualified proposer shall mean a proposer who has the capability to perform the services outlined in the request for proposal, and has the integrity and reliability which will assure good faith performance. 4 160 8 Renewal shall mean contracting with the same contractor for an additional contract term, only if pursuant to contract terms specifically providing for such renewal and prior to the expiration of the prior term. Request for Proposal shall mean a written or electronic solicitation for sealed proposals with the title,date, and hour of the submission deadline designated. A request for proposal includes,but is not limited to, general information, applicable laws and rules, functional or general specifications, statement of work, proposals instructions, and evaluation criteria. An agency shall use a request for proposals when the purposes and uses for which the commodity, group of commodities, or contractual service being sought can be specifically defined and the agency is capable of identifying necessary deliverables. Various combinations or versions of commodities or contractual services may be proposed by a responsive vendor to meet the specifications of the solicitation document. Responsive bidder or proposer shall mean a person or entity that has submitted a bid or proposal which conforms in all material respects to the invitation to bid, request for proposals, or other methods of formal solicitation. Single source refers to situations in which only one vendor is chosen to provide the goods or services because of its specialized or unique characteristics. Sole source is when there is only one vendor capable of providing a good or service. Standardization shall mean the adoption or selection of a common commodity (commodities), service(s), or a system(s) to be used by one or more County agencies to promote the cost-effective delivery of services. Woman Business Enterprise shall have the same definition as Minority business enterprise, excepting that the small business concern is at least 51-percent-owned by a woman or women. Work Order is a contract instrument issued under the terms and conditions of an approved continuing or fixed term agreement, which authorizes a contractor or consultant to perform a specific task within the broader scope of the master agreement. Nothing in the work order shall conflict with the terms and conditions of the fixed term contract, and all work done must fall within the scope and term of the underlying agreement. SECTION FIVE: Establishment of Purchasing Department and Purchasing Director. 1. There is hereby established the Collier County Purchasing Department, which shall be a distinct administrative department under the direction of the County Manager. 2. The Purchasing Director of the Purchasing Department shall have the authority to negotiate all purchases for all Agencies except as required by State, Federal or Local Law. in keeping with Chapter 125. Florida Statutes, this Purchasing Ordinance grants to the Purchasing Director only those powers and duties which are ministerial in nature and does not delegate any governmental power imbued in the Board of County Commissioners as the governing body of the County pursuant to Fla. Const. Art. VIII, § 1(e). To this end,the below specifically enumerated powers are 5 160 8 to be construed as ministerial in nature, for the purpose of carrying out the Board's directives and policies. SECTION SIX: Duties of Purchasing Department. Within the constructs of this Ordinance, the Purchasing Department shall be responsible for: 1. Seeking Maximum Value: Acting to procure for the County the highest quality commodities and contractual services at least expense to the County. 2. Encouraging competition: Endeavoring to obtain as full and open competition as possible on all purchases,services and sales. 3. Purchasing Analysis: Keeping informed of current developments in the field of purchasing, prices, market conditions and new products, and securing for the County the benefits of research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition, and by private business and organizations. 4. Purchasing Manual: Preparing and recommending for adoption by the Board of County Commissioners administrative procedures for the Agency known as a Purchasing Manual for the implementation of this Purchasing Ordinance. In keeping with Ord. No. 2004-66, such procedures shall be made part of the Collier County Administrative Code, with all adoptions, amendments, additions, revisions, or modifications made by resolution of the Board. The Purchasing Manual shall be maintained and published on-line for the benefit of the public. 5. Forms: Prescribing and maintaining such forms to implement this Purchasing Ordinance and Purchasing Manual. 6. Non-Contract Purchases: Reviewing non-contract purchases under $50,000 to determine if an aggregated contract approach may provide value and offer pricing advantages to the County. 7. Fax Exemption: Procuring items for the County to exercise its tax exemption status when eligible. 8. Suspension and Debarment of Vendors: Overseeing and facilitating the suspension and/or debarment of vendors as set forth below. 9. Inquiry and Control: Full authority to: a. Question the quality, quantity, and kinds of items requisitioned in order that the best interests of the County are served; b. Ensure the timely, proper and orderly acquisition of services to the various operating departments; c. Ensure purchases are consistent with the Purchasing Ordinance; 6 160 8 d. Determine if specific purchases should be approved by the Board prior to the purchase; and, e. Delegate Purchasing Director authority granted by this Purchasing Ordinance in whole or in part to Purchasing Department staff members. SECTION SEVEN: Purchases in General. The Board shall, prior to payment, approve all expenditures with a finding that such expenditures serve a valid public purpose. SECTION EIGHT: Purchases under$50,000 The process for making purchases under $50,000 shall be set forth in detail in the Purchasing Manual. At a minimum: 1. A purchase shall not be artificially divided or split so as to qualify under this or any other section of this Purchasing Ordinance. Purchases under $1,000 will generally be processed using a regular purchase order, or, a purchasing card in accordance with Section 27 of this Purchasing Ordinance. 2. Operating department staff should make all reasonable efforts to purchase goods and services under Board approved contracts. In the event a contract is not available, staff will procure the highest quality items or services at the least expense to the County after approval by the Purchasing Director. Only the Board's Purchasing staff may issue a qualification based solicitation. SECTION NINE: Formal Competitive Threshold(Purchases in Excess of$50,000). A It is the intent of the Board of County Commissioners to establish an amount of fifty thousand dollars ($50,000) as the County's threshold for formal competitive purchases. All such purchases shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per Section 11) or by competitive proposals (per Section 12). Award of contracts shall be made by the Board to the lowest, qualified responsive bidder except where otherwise provided for in this Purchasing Ordinance or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever is more restrictive. All formal competition shall be procured under the supervision of the Purchasing Director. B. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials, periodicals,printed library cards,or other statutorily authorized exceptions. 7 1608 2. Sole source purchases or single source purchases (pursuant to subsection D). 3. Valid public emergencies (pursuant to Section 25). 4, Where it is determined to be in the best interests of the County to do so. C. All purchases subject to formal competition shall be awarded by the Board of County Commissioners. D. Exemption For Single Source Commodities: Purchases of commodities and services from a single source may be exempted by the Board of County Commissioners from formal competition upon certification by the Purchasing Director of one the following conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements; or 3. The requested exemption is in the County's best interest. E. Use of Past Performance Data: In order to promote the quality delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the competitive threshold. This objective shall be accomplished as follows: 1. The Purchasing Department shall be responsible for each of the following: a. Developing, implementing and maintaining administrative procedures, instructions and technologies necessary to collect past vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. 2. Operating departments shall be responsible for each of the following: a. Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established in subsection 9.E.la. h. Considering the past performance of vendors during the evaluation of bids and proposals pursuant to the procedures established in subsection 9.E.1 b. F. Bidders and proposers competing for a prospective award (and their agents/representatives) will not be permitted to publicly or privately address the Board or individual Board members regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. 8 160 8 SECTION TEN: Competitive Bid Process. A. Notice Inviting Bids: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten(10)days preceding the last day established for the receipt of bid proposals. Specific projects or grants may require longer posting periods, in those instances the specific requirements would be used. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. 2. Scope of Notice: The public notice required shall include a general description of the commodities/services to be purchased or sold, the bid instructions and specifications, and the time and place for opening bids. 3. Bidders' List: The Purchasing Director shall also solicit sealed bids from qualified prospective vendors/contractors who have registered their names on the Collier County Purchasing Department vendor database, which will electronically send them a notice of the proposed purchase or sale. Notices sent to the vendors/contractors on the Collier County Purchasing Department vendor database shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the notices arc sent. Vendors/contractors are responsible for maintaining their company information profiles in the database to ensure proper notifications are received. Vendors/contractors may be suspended from the database by the Purchasing Director for continual non-response to formal solicitations and violations of the Purchasing Ordinance. The Purchasing Director may continue to issue formal solicitations and accept formal bids, proposals and other tenders using paper where appropriate. 4. Bid Deposits: When deemed necessary by the Purchasing Director, bid deposits shall be prescribed in the public bid notices. Said deposits shall be in the amount equal to five percent of the bid offer submitted unless a greater amount is required, The Purchasing Director shall have the authority to return the deposits of all bidders upon award and approval of the contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Purchasing Director upon failure on the vendor's part to enter into a contract within ten(10) working days after written notice of award. 5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been issued for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for assuring that addenda are available on the on-line bidding website and that all prospective bidders who have downloaded specifications are notified of the addendum prior to opening of bids. 9 160 8 B. Procedure for Bids: 1. Sealed Bids: Sealed bids shall be submitted manually or electronically to the Purchasing Director, 2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be opened and witnessed by the Purchasing Department. 3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by the Purchasing Department and shall be available for public inspection pursuant to Fla. Stat. Sec. 119.07. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Fla. Stat. Sec. 287.087. In the event that all of the tied bidders comply with Fla. Stat. Sec. 287.087, the Purchasing Department shall determine if any of the bidders would be considered a local business as defined under Section 15 of this Purchasing Ordinance. If one (and only one) of the bidders is determined to be a local business, then award of contract shall be made to that bidder. In the event that two or more local bidders are tied thereafter, award of contract shall be made in accordance with Section 15 (2)(b)of this Purchasing Ordinance. D. Rejection of Bids and Negotiation: 1. The Board of County Commissioners shall have the authority to reject any and all bids. 2. Subsequent to applying the procedures set forth under Section 15(2) (b) (where applicable), if the lowest, responsive bid exceeds the budgeted amount and, if the purchase is not funded in whole or in part with interagency grant dollars, the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 3. If no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. E. Waiver of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids within lawful guidelines. Award of Contract: The Chair or Vice Chair in the Chair's absence, when authorized by majority vote of the Board, shall execute formal contracts having a binding effect upon the County. A formal contract shall be awarded by the Board of County Commissioners to the lowest, qualified responsive bidder. In addition to price the following may be considered: 10 160 8 I. The ability, capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least time, if appropriate,without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the proposed contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). 8. Prior litigation or administrative proceedings against the County where the bidder or the bidder's principal was a party. 9. Prior litigation or administrative proceedings involving the bidder or bidder's principal. All recommendations for award for contracts will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. SECTION ELEVEN: Procurement of Professional Services. A. Consultants' Competitive Negotiation Act. I. Contracts for professional architectural, engineering, landscape architectural or surveying and mapping services shall be procured in accordance with Fla. Stat.§287.055, referred to as the Consultants' Competitive Negotiation Act(CCNA). Continuing contract. The County is authorized to enter into a continuing contract for CCNA services in accordance with the CCNA, whereby the firm provides professional services to the County for projects in which construction costs do not exceed $2,000,000, for study activity if the fee for each individual study under the contract does not exceed $200,000; or for work of a specified nature as outlined in the contract required by the County, with the contract being for a fixed term or with no time limitation, except that the contract must provide a termination clause. 3. Ranking affirms. The County, through the competitive proposal process, shall make a finding that the firm or individual to be employed is duly qualified to render the required 11 160 service. The evaluation committee shall review statements of qualifications and performance data submitted in response to the public solicitation and shall select, in order of preference, no fewer than three firms deemed to be the most highly qualified, if at least three firms respond to the solicitation. If less than three firms respond, and after meeting due diligence, it is decided by the Purchasing Director that every effort was made to comply with CCNA requirements,the County will conduct discussions with,and may require public presentations by, the responding firms regarding their qualifications, approach to the project and ability to furnish the required services. 4. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking shall include factors such as: ability of firm and its professional personnel; firm experience with projects of a similar size and type; firm's willingness and ability to meet the schedule and budget requirements; volume of work previously awarded by the county; effect of the firms recent/current and projected workload; minority business status; location; past performance and when required, the public presentation. For continuing contracts, ranking and award shall be based on the criteria identified in the RFP document. For non-continuing contracts or project specific contracts,public presentation may be required. 5. Public presentation. The evaluation criteria for public presentation shall include factors such as the firm's understanding of the project, ability to provide required services within the schedule and budget,qualifications and approach to the project. 6. Contract negotiations. The ranking of firms for all CCNA contracts shall be presented to the Board of County Commissioners for consideration and approval. Upon Board approval of firm rankings, staff shall negotiate a contract with the most qualified firm (number one ranked firm) for professional services for compensation which is deemed to be fair and reasonable. Detailed discussions must be held by the firm and the County to establish the scope of the project and the exact services to be performed by the firm. Should the County and the firm fail to agree upon the terms of an acceptable contract, negotiations with the top firm shall be terminated and negotiations with the second ranked firm shall commence. If again unsuccessful, the process is repeated with the next ranked firm. This process is continued until a mutually agreeable contract is concluded or the project is abandoned,or the procurement process is otherwise terminated. B. Other Professional Services. Because differences in price may only be a minor concern compared to qualitative considerations, professional services that fall outside the scope of the CCNA except as otherwise provided by law and outlined below, may be exempted by the Purchasing Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: I Competitive Selection and Negotiation as set forth immediately above;or 2. Competitive Proposals(pursuant to Section 12). 3. In addition to the definition set forth in the CCNA, a professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 12 160 8 a. Appraisal Services - real and personal property appraisers. b. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Section 11.45, F.S.). c. Consultants -planning, management, technological or scientific advisors. d. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. e. Legal Services-attorneys and legal professionals. f. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. 4. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. 5. Requests for outside legal services will be consistent with both this Purchasing Ordinance and the County Attorney's Ordinance (Ord. No. 2013-34), The retention of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this Purchasing Ordinance, and must first be approved by the Board. SECTION TWELVE: Competitive Proposals. A. The Competitive Proposals process is a method of contract selection that may be utilized by the Purchasing Director under circumstances where one or more of the following conditions exist: 1. Where qualitative considerations are of equal or greater concern than pricing considerations. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award of a firm, fixed fee contract. 3. Where the County is incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the vendor is asked to propose a commodity(s) or service(s) to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). 13 160 8 B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive solicitation process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under Section 10 except where otherwise stated in this section. The competitive proposals process shall proceed as follows: 1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said request(s) shall be publicly posted by the Purchasing Department at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the evaluation procedures and criteria to be applied to the selection of the best proposal among the respondents. Each RFP pertaining to the award of a design/build contract(s) shall be subject to the requirements of Fla. Stat. Sec. 287.055 and section thirteen below. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law, the Purchasing Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. SECTION THIRTEEN: Procurement of Design-Build Contracts. A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a design-build firm selected in a manner permitted under Fla. Stat. Sec. 287.055 and the procedures set forth in this section. B. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with Section 12 hereof entitled "Competitive Proposals." C. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using Agency to negotiate an agreement for Board approval with the best qualified design-build firm available at that time. SECTION FOURTEEN: Small and Disadvantaged Minority and Women Business Enterprises. A. Policy Statement: Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE),minority business enterprises(MBEs)and women business enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County encourages its vendors, consultants, contractors and subcontractors to provide qualified small businesses and DBE's with an equal opportunity to 14 160 8 participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the basis of gender, race or national origin, or other such factors, but rather to create an opportunity for small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, contractors and subcontractors to participate in the County's formal competitive processes. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender, race, national origin or any other such factor. B. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: I. Designate the Purchasing Director to administer this policy. 2. Utilize outreach programs to identify, register and educate small businesses and DBEs, MBEs and WBEs to participate in the procurement/contract process which may include: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises are present. c. Utilizing publications aimed at reaching these enterprises. d. Utilizing Purchasing Directories and other reference sources that list these enterprises. e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. f. Other actions designed to identify opportunities for these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's procurement process. C. Conformity with Applicable Law: The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law, federal law shall supersede such state law. 15 160 8 SECTION FIFTEEN: Procedure to Provide Preference to Local Businesses in County Contracts. Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in this P urchasing Ordinance, purchases of commodities and services shall give preference to local businesses in the following manner: (1) "Local Business"defined Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax Collector for at least one year prior to bid or proposal submission to do business within Collier County, and that identifies the business with a permanent physical business address located within the limits of Collier County from which the vendor's staff operates and performs business in an area zoned for the conduct of such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well- being of Collier County in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. (2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive • local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner: (a) Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the price(s), less one(1) dollar,offered by the overall lowest, qualified and responsive bidder. In such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified 16 160 8 and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to businesses with drug-free workplace programs). If the lowest local bidder meets the requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest local bidder to submit a matching offer, less one (1) dollar, within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. (b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. For all purchases of commodities and services procured through the Competitive Proposals (Section 12) or Competitive Selection and Negotiation (Section 11) methods not otherwise exempt from this local preference section, the RFP solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection 11B.2 (which arc subject to Section 287.055, F.S.) and subsection 11B.3 (which are subject to Section 11.45, F.S.) shall not be subject to this local preference section. (3) Waiver of the application of local preference. The application of Local Preference to a particular purchase or contract may be waived upon approval of the Board of County Commissioners. (4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Further,the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law instead of the preferences granted herein. (5) Reciprocity In the event Lee County, or any other Florida county or municipality ("local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local government. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of the,said local government whichever is applicable, in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment 17 1608 opportunities,the support and increase to that local government's tax base, and residency of employees and principals of the business located within the limits of that local government. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier County firms competing for its contracts. (6) Purview and administration of this Local Preference Policy. This policy shall apply to all departments and units under the direct purview of the Board of County Commissioners. For purchases of $50,000 or less, the Purchasing Department shall systematically encourage departments to include local vendors when soliciting quotations in accordance with this policy. SECTION SIXTEEN: Payment of Invoices. • A. Agencies under the purview of the Board of County Commissioners shall be in compliance with Ha. Stat. Sec. 218.70, otherwise known as the "Local Government Prompt Payment Act." • Pursuant to this,the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property; 3. The lease of real property. B. The County Manager shall establish and maintain a process that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order of less than $500. C. It shall be the responsibility of the County Manager, in consultation with the Clerk's Finance Director and operating departments, to establish procedures for the timely payment of all transactions as defined under subsection 16.A hereof. Such procedures shall include, but are not limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. 18 160 8 D. Each December, the Purchasing Director and the Clerk of the Courts Finance Director shall submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year pursuant to Florida Statute 218. SECTION SEVENTEEN: Advanced Payments for Goods and Services. Procedures for the pre-payment of goods and services with County funds including, but not limited to, dues and membership, insurance, maintenance agreements, subscriptions, travel arrangements, postage, and other purchases as prescribed by the Department of Financial Services through their Administrative Rules. As provided for in Fla. Stat. Sec. 28.235, the Clerk of the Circuit Court is authorized to make advanced payments on behalf of the County for goods and services based on those established procedures. SECTION EIGHTEEN: Standardization, Cooperative Purchasing Organizations and Governmental Contracts A. Where standardization is determined to be desirable by the Board of County Commissioners or included in the Purchasing Manual, the purchase of commodities may be made by negotiation with the approval of the purchase by the Board. B. Annually, the Board of County Commissioners will approve a list of authorized purchasing cooperative organizations and governmental schedules and contracts. The Purchasing Director may approve purchases using these approved cooperative organizations, agreements and contracts with no further action required by the Board providing that funds have been budgeted for these specific purposes. Additionally, the Purchasing Director may join other public agencies in cooperative purchasing organizations and/or agreements if is determined to be in the County's best interest, and if the consortium agreement has not had prior Board approval. The use of any new cooperative agreement must he approved by the Board prior to the use of the agreement. SECTION NINETEEN: Contract Administration, A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 19 1608 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners, 5. A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Purchasing Ordinance, the Purchasing Director shall determine the circumstances under which a Board approved purchase order(and all documents included by reference)shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the requesting Agency/Department. C. Contract Changes: Notices issued under a purchase order or contract may be authorized and executed by the Purchasing Director, except notices that terminate a Board-approved purchase or contract in its entirety. Modifications to a Board approved purchase or contract, including but not limited to change orders, direct material purchases, notices to proceed or non-compliance, stop work notices, use of approved allowances between line items, supplemental agreements, amendments and changes by letter may be authorized and executed by the Purchasing Director provided that the change is not more than ten(10)percent of the current Board approved dollar amount. Such changes shall be reported monthly to the Board for approval by ratification. All material changes in scope of agreements must be approved by the Board in advance. The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating department(s). Such purchases shall be subject to all other provisions of this Purchasing Ordinance. Notices that terminate an entire purchase or contract that was Board approved and contract modifications that increase the total contract amount beyond the limits set forth above as applicable, shall require the approval of the Board of County Commissioners. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. D. Contract Extension: Extension(s) of a Board-approved contract for commodities or non- construction services may be requested by the contract manager to the Purchasing Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subject to the same terms arid conditions set forth in the contract, if the extension period is provided for in the Board approved contract. The Purchasing Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months(cumulatively)shall be approved by the Board of County Commissioners. 20 160 8 E. Contract Renewal: The Purchasing Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Purchasing Director has received a request to renew from the Contract or Project Manager verifying the Contractor's satisfactory performance. 2. That the Board approved agreement provided for a renewal and is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and/or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and/or contract,commencing at the end of the contract period. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners, F. Contract Approval: All contracts for commodities and services shall be authorized by the Board of County Commissioners, G. Work Orders: The Purchasing Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. I. Authority Limitation and Delegation; Promulgation of Procedures: The Purchasing Director may delegate to one or more Purchasing Department employees any or all aspects of the authority vested in the Purchasing Director. All authority to execute documents that is vested pursuant to this Section 19 in the Purchasing Director or any other person shall be subject to the limits of any applicable federal, state or other law. J. Payments to Contractors, Vendors and Consultants Prior to the execution of a formal contract subject to this Purchasing Ordinance, the Purchasing Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. 21 160 8 In accordance with Fla. Stat. Sec. 218.735(8), the Purchasing Director may establish, subject to Board approval, procedures to reduce to 5%the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Purchasing Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted and according to law. Recommendation to reduce the percentage of cumulative retainage shall be subject to the following: That the term "cumulative retainage" is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests(or the total of all payment amounts deemed allowable by the project manager,whichever is less)". 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative retainage to he held for the remaining pay requests. The Purchasing Director may authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date as verified in writing by 2. The PetrootajelcatgMgranegaagteerw. ork under the agreement is at least 50%completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued). 3. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. SECTION TWENTY: Performance and Payment Bonds. A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida(or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney, and held by the Clerk's Board Minutes and Records Department. 22 1608 SECTION TWENTY-ONE: Unauthorized Purchases. All purchases made shall be consistent and in compliance with the Purchasing Ordinance. Any purchase or contract made contrary to the provisions hereof and contrary to Florida law shall not he approved and the County shall not be bound thereby. SECTION TWENTY-TWO: Prohibition against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this Purchasing Ordinance or of State law. SECTION TWENTY-THREE: Protest of Bid or Proposal Award. The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations to bid or requests for proposals arid recommended contract awards above the formal competitive bid or proposal thresholds prior to award of a contract by the Board of County Commissioners. A. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for Proposal, who has a substantial interest and alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party")may protest to the Purchasing Director, who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. B. With respect to a protest of the terms, conditions and specifications contained in a solicitation, including any provisions governing the methods for evaluation of bids, proposals or replies, awarding contracts, reserving rights for further negotiation or modifying or amending any contract, the protesting party shall file a notice of intent to protest within three (3) days, excluding weekends and County holidays, after the first publication, whether by posting or formal advertisement of the solicitation. The formal written protest shall be filed within five (5) days of the date the notice of intent is filed. Formal protests of the terms, conditions and specifications shall contain all of the information required for formal protests of recommended contract awards as set forth under subsection C. The Purchasing Director, shall render a decision on the formal protest and determine whether postponement of the bid opening or proposal/response closing time is appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files an appeal of the Purchasing Director's decision. C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for Proposal who desires to protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5) 23 I JUL calendar days, excluding weekends and County holidays, from the date that the notice of intent to protest is received by the Purchasing Director, and accompanied by the fee, as set forth below. The protesting party must have standing as defined by established Florida case law to maintain a protest. The formal protest shall contain,but not be limited to the following information: I. Name and address of County Agency affected and the solicitation number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of material fact. If there are no disputed material facts,the written letter must so indicate. 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. 5. The protesting party's entitled demand for the relief. 6. Such other information as the protesting party deems to be material to the issue. The formal protest shall contain all arguments, facts or data supporting and advancing the protestor's position. Under no circumstances shall the protestor have the right to amend, supplement or modify its formal protest after the filing thereof. Nothing herein shall preclude the County's authority to request additional information from the protesting party or other bidders or proposers in conjunction with the review and rendering of decisions on the protest, including any subsequent appeal, E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. During this process, the protesting party shall limit their communications with the County to the Office of the County Attorney, and neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners, the County Manager, other County employees, or any independent hearing officer (where applicable) regarding the protest except such communications as may be required or permitted during a hearing, if applicable, or a meeting of the County Commission wherein the solicitation or award is to be considered. F. The Purchasing Director shall review the merits of each timely protest and in consultation with the contract manager and other appropriate County staff, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under this section. Said decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision of the Purchasing I Director shall be final and conclusive unless the protesting party delivers a subsequent written notice of appeal to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays from the date of receipt of the decision. In filing a written objection to the Purchasing 24 1 6Li- Director's decision, the protestor shall not introduce new arguments or alter in any other way their protest submission. An appeal of the Purchasing Director's decision shall be limited to a review of the grounds set forth in the formal protest, and no new grounds or arguments will be introduced or considered. G. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall determine whether to appoint an independent Hearing Officer to review the formal protest and the Purchasing Director's decision. The Hearing Officer's review shall be limited to the grounds set forth in the formal protest, and shall be for the purpose of determining whether the County's intended action is arbitrary, capricious, illegal, dishonest or fraudulent. The protesting party shall have the burden of proof. The Hearing Officer shall consider the formal protest, the Purchasing Director's decision,and supporting documents and evidence presented at the hearing. In any hearing, irrelevant, immaterial or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida. The Hearing Officer may grant the motion of any person having standing under Florida law to intervene in the proceedings. Persons or parties shall have the right to be represented by counsel in the proceedings, to call witnesses, and present evidence; provided, however, that the Hearing Officer shall not have the right to compel attendance of witnesses or to permit or compel any discovery. The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a recommended finding of fact and an opinion in writing to the County Manager or designee for submission to the Board of County Commissioners. Should the Hearing Officer find in favor of the County, the protesting party pay, in full, the costs of the Hearing Officer. If the Hearing Officer's recommended decision is in favor of the protesting party, then the County will assume this cost. The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way afford the protestor the right to demand such an appointment or hearing. The decision of a Hearing Officer on a protesting party's appeal shall be submitted to the Board for its consideration as part of a final award decision. Nothing herein shall be construed as creating a right of judicial review of the Hearing Officer's decision, nor shall such decision be binding upon the Board. Additionally, nothing herein shall be construed as limiting the Board's right to reject any and all bids or proposals. Decisions of the Purchasing Director and Hearing Officer (where applicable) will be provided to the protestor and other interested parties prior to the award recommendation being presented to the Board of County Commissioners. Neither the County Manager's decision nor the Hearing Officer's recommended decision shall be construed as an award recommendation triggering additional rights of protest pursuant to this policy. Notwithstanding anything set forth herein to the contrary, the Board of County Commissioners shall retain the authority to make the final award decision. I. Failure to file a formal protest within the time and manner prescribed by this policy shall constitute a waiver of the right to protest by any protesting party as defined by subsection"A"of this policy. 25 1 6 0 8 As a condition of filing a formal appeal to the Purchasing Director's initial finding, the protesting party shall submit a non-refundable filing fee for the purpose of defraying the costs of administering the protest. The filing fee shall be submitted with the formal protest. Failure to pay the filing fee shall result in the denial of the protest. The amount of the filing fee shall be as follows: Estimated Contract Amount Filing Fee $250,000 or less $500 $250,000.01 to$500,000 $1,000 $500,000.01 to$5 million $3,000 $5 million or more $5,000 This fee may be modified by Resolution of the Board of County Commissioners. SECTION TWENTY-FOUR: Contract Claims. All actual or prospective claims arising against the County from contractors, vendors or any other party in direct privity with the County to provide goods or services shall first be directly addressed by the parties' administrative representatives in a manner consistent with the agreement between the parties and in accordance with the County's procedures Manual. For any prospective or actual claims or disputes arising under any contract entered into by the County, the Purchasing Director must determine the facts of the dispute. All contract claims should be reported to the County Attorney's Office and Clerk's Finance for proper documentation and recording and to the Board for determining action. SECTION TWENTY-FIVE: Exigent Circumstances, Emergency and Board Absence Purchases. In case of an exigent circumstance, which is defined as any circumstance requiring immediate action or attention, a valid public emergency, or during the Board's extended recess session(s) (all efforts should be made to obtain Board approval prior to anticipated recesses) whereby a purchase is necessary, the County Manager shall authorize the Purchasing Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to take actions including, but not limited to the issuance of contracts, change orders, and/or supplemental agreements. Any action shall be reported at the first available meeting of the Board of County Commissioners. The County Manager under the same consultations noted above shall further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. These payments shall be reported at the first available meeting of the Board. This section in no way constrains the provisions of Collier County's Civil Emergency ordinances or powers and authority pursuant to Fla. Stat. ch. 252, Emergency Management. 26 1608 SECTION TWENTY-SIX: Inspection and Testing. The Purchasing Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of commodities or services to determine their conformance with the specifications set forth in an order or contract. A. Inspection by Operating Department: The Purchasing Director shall authorize operating departments to inspect all deliveries made to such operating departments under rules and regulations which the Purchasing Director shall prescribe. B. Testing: The Purchasing Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. In the performance of such tests, the Purchasing Director shall have the authority to make use of laboratory facilities of any Agency of the County or of any contracted outside laboratory. SECTION TWENTY-SEVEN: Purchasing Card Program. The Purchasing Director shall be responsible for the overall management and operation of the County's purchasing card program. For the purpose of this Purchasing Ordinance, a purchasing card is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic, contract, travel related, and other purchases made according to Section Eight. The Purchasing Director shall be authorized to assign cards to employees for these purchases. The Purchasing Director shall be responsible for establishing the following dollar limits for each assigned card: A. Single Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by the Purchasing Director. B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise authorized by the Purchasing Director. C. Strategic Purchases: The Purchasing Director may utilize (or delegate the authority to other Agency staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section in instances where one or more of the following is true: I. Where the purchase is to address a valid public emergency;or 2. Where the County will earn revenue through card program rebates; or 3, Where a vendor is requiring the County to order by purchasing card. 27 16L SECTION TWENTY-EIGHT: Conflict of Interest. When procuring commodities or services using County funds, each entity and employee under the purview of the Board of County Conunissioners shall comply with all applicable state and federal laws concerning ethics and conflict of interest. For state or federally funded projects, County entities and employees shall comply with all legal requirements, including the requirements of Part 85, Section 36(b)(3)of the Housing and Urban Development Code. SECTION TWENTY NINE: Debarment and Suspension. The County Manager may suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts upon approval of the Board. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this Purchasing Ordinance A. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: 1. Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. 2. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. 3. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction or for procurement of commodities and services, including professional services; or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. 4. Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. 5. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. 28 1613 8 6. Preponderance of the Evidence means proof by information that,compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. 7. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. 8. Suspension refers to action taken by the Purchasing Director to temporarily disqualify a contractor from County contracting or County-approved subcontracting pending action of the Board. B. Suspension: The Purchasing Director shall have the authority to recommend to the Board the suspension of a contractor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth herein. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. C. Debarment: 1. Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids,proposals or other competitive offers. d. Violation(s) of County contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverage and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. 29 1613 8 g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. 2. Procedure: a. The county department requesting the suspension or debarment action shall submit to the Purchasing Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The Purchasing Director shall review the complaint, verify whether it is compliant with the provision of this Purchasing Ordinance, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the Purchasing Director within ten(10)business days of receipt of the notice of allegations. In the event that the contractor fails to respond to the complaint within the prescribed time period, the complaint, as forwarded to the contractor, shall become an effective suspension or debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the suspension or debarment action is based upon a conviction, judgment or other event(s)where there is no significant dispute over material facts, the Purchasing Director shall determine the period of recommended suspension or debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the Purchasing Director's recommendation, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the Purchasing Director. The appeal will be forwarded to and considered by the County Manager, who will review the record compiled by the initiating department and the contractor. Should the County Manager overturn the Purchasing Director's decision; the County Manager shall formally cite the reasons for doing so. 30 160 8 e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Director will convene a committee(hereinafter referred to as "the committee")consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager shall formally appoint the committee, which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee,provided that this member is not a direct or indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the Purchasing Director any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The Purchasing Director shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing Director shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor. All voting committee members are prohibited from having any communication regarding the issue outside the committee deliberations with any of the parties involved in the specific suspension or debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 Fla. Stat. g. Where the material facts are in dispute, the committee shall evaluate the evidence, judge the credibility of witnesses and base its decision upon the preponderance of the evidence, Should the contractor fail to appear at the hearing, the contractor shall be presumed to be unqualified and or non- responsive and shall be subject to suspension or debarment, The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact, In the event that the committee decides to impose suspension or debarment, the decision will formally include,but not be strictly limited to the following information: 1) The specific reasons for the action; 2) The scope of the suspension or debarment; and 3) The period of suspension or debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. 31 160 8 h. The Purchasing Director shall forward the committee's decision to the contractor and affiliates involved. Should the contractor object to the committee's decision, the contractor shall have a maximum of three business days to file an appeal of the decision with the Purchasing Director. The appeal will be forwarded to and considered by the County Manager, who will review the record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. Final recommendation for debarment shall be approved by the Board. 3. Debarment Period: a. The committee shall recommend the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and approved by the Board. b. The committee (having the same or different composition)may recommend to the Board a reduction in the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1) Newly discovered material evidence; 2) A reversal of the conviction,civil judgment or other action upon which the debarment was based; 3) Bona fide change in ownership or management; 4) Elimination of other causes for which the debarment was imposed; or 5) Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the Purchasing Director in writing and shall be based on one or more of the aforementioned reasons. C. The decision of the Board regarding a reduction of the debarment period is final and not subject to appeal. 4. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager in consultation with the Board Chair or Vice-Chair determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. 32 160 8 b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies)during the debarment period. 5. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the Board determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However,the contract manager may, with Board approval,permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the Purchasing Director. 6. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager in consultation with the Chair or Vice-Chair determines that emergency or single source conditions exist,thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer. 7. Fhe Scope of Debarment: Debarment applies to all officers, Directors, Managers, principals, Purchasing Directors, partners, qualifiers,divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre- existing terms of the committee's decision. SECTION THIRTY: Waiver of Ordinance. The Board of County Commissioners shall have the authority to waive any and all Purchasing Ordinance provisions within lawful guidelines and upon formal Board action. 33 160 8 SECTION THIRTY-ONE: Conflict and Severability. In the event this Purchasing Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Purchasing Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTY-TWO: Inclusion in the Code of Laws and Ordinances. The provisions of this Purchasing Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Purchasing Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section,""article,"or any other appropriate word. SECTION THIRTY-THREE: Effective Date. rhis Purchasing Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County. Florida.this \crack-, day of ,2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWICJEIT,E. BROCK, Clerk COLLIER C9UNTY, FLORIDA 1/- 111A By: 1 . 411P-4-40,-C By: 11 Clerk GOR AWilitLER, ESQ Attest as to CITA1RWOMAN Si. atur o ApproN orm and legality: .4inry Jeffrey , tzkow County t es This ordinance filed with the of,..5totriAPiffisiejtig4 VAT-!doy of ,Warl- Ir ond acknowiedgenvt4)that filicga_receive51 this Lt-F—. day ofUgE ;01' By Iv 34 160 8 4*-wi7 Trd; (fa -47%4 a I 6 1111 By FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 16,2013 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No.2013-69, which was filed in this office on December 16, 2013. Sincerely, Liz Cloud Program Administrator LCielr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fLus 160 8 PURCHASING POLICY OF COLLIER COUNTY ESTABLISHMENT OF PURCHASING POLICY Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County Resolution No. 97-435 establishes the following Purchasing Policy. PURCHASING DEPARTMENT RESPONSIBILITIES A. The Purchasing Department shall be responsible for: 1. Seeking Maximum Value: Act to procure for the County the highest quality commodities,and contractual services at least expense to the County. 2. Encouraging competition: Endeavor to obtain as full and open competition as possible on all purchases and sales. 3. Procedures: Establish and amend, when nepwssary, operational procedures for the implementation of the Purchasing Policy provided by ordinance. Said procedures shall become effective only when approved in writing by the County Manager. Copies of the procedures shall be maintained on file in the office of the Purchasing Department. 4. Purchasing Analysis: Keep informed of currendevelopments in the field of purchesing, prices, market conditions and new producta, and secure for the County the benefits of research conducted in the field of purchasing by other governmental /uhadictiono, national technical 000ieties, trade associations having national recognition, and by private business and organizations. 5. Purchasing Manual: Prescribe and maintain a standard Purchasing Manual for all using agencies. The content of said manual will be governed by this Policy. 8Forms: Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this Policy. 7Vendor Certification: Document that vendors doing business with the County have acknowledged their understanding and acceptance of the terms and conditions of the County's Purchasing Policy and have agreed to abide by those terms B. Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full advantage of discount. 9. Vendors' Catalog File: Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be organized according to materials and/or services and shall contain descriptions of vendors'oommodbien, prices and discount. 10. Tax Exemptions: Act so as to procure for the County tax exemptions to which it is entitled. 11. Cooperation: Cooperate with using agencies so as to secure for the County the maximum efficiency in budgeting and accounting. 1 1608 12. Suspension and Debarment of Vendors: To oversee and facilitate the suspension and/or debarment of vendoras set forth under Section XXIX of this policy. 13. Inquiry and Control: Have full authority to question the qumUty, quantity, and kinds of items requisitioned in order that the best interests of the County are served. The Purchasing Director shall have final approval authority for all purchases at or below the formal competitive threshold. To ensure the timely, proper and orderly acquisition of services to the various using agencies, all 1 authority granted to the Purchasing Director in this policy may be formally delegated by the Purchasing Director in whole or in part to appropriate staff members within the County Manager's agency. ||| PURCHASES NOT EXCEEDING $3.000 Purchases that do not exceed $3.000 may be approved by the Purchasing Director without informal or formal competition by means of a purchase order, purchasing card or formal agreement combination therein) as defined under this policy or deemed appropriate by the Purchasing Director. IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN$50,000) A. All purchases exceeding $3.080 but not more than $60.000 shall be awarded by the Purchasing Director to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications, unless the requirement for competition is waived by the Purchasing Director in accordance with Section 4.8. All such purchases may be solicited and awarded without formal public announcement and without formal competition. 1. Minimum Number Quotes: Open market purchases or sales in excess of $3.000 but less than or equal to the formal competitive threshold shall be based on a good faith effort by the Purchasing Department or the using agency to obtain at least three (3) competitive quotes (including all "no quote" responses). Award shall be made to the lowest, qualified and responsive quote in accordance with the standards set forth in this Policy � 2. Solicitation of Quotes: The Director may solicit quotes orally, w/itt*n, or electronically for open market pricing or sale, using available bidders' and supplier lists The Director shall determine in which instances quotations shall be solicited in writing Further the Director shall determine which agency (e.g; Purchasing or the using agency) shall obtain the quotations. All quotes in excess of ten thousand dollars $10.000 shall be tendered or confirmed in writing or electronically submitted by the vendor prior to purchase. 3. Public Record: The Director shall keep a record of all open market quotes submitted and such records shall be open to public inspection after award has been made. BThe requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 1. Purchase of library booka, education and/or Personnel tests, similar audio visual materials, pehodice|s, printed library cara. etc. 160 2. Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner of a copyright or patent, a governmental agenoy, a recognized educational institution, a not-for-profit entity or when there are no other identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases, 4. Valid public emergencies or other instances deemed by the Director to be in the best interests of the County. 5. Purchase of services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. C. All purchases greater than $1,000 but less than or equal to$3,000 will generally be processed using a regular purchase order. However, such purchases may be processed using a purchasing card in accordance with Section XXIV of this policy. V. FORMAL COMPETITIVE THRESHOLD(Purchases in excess of$50,000) A. It is the intent of the Board of County Commissioners to establish an amount of fifty thousand dollars ($50.000) as the County's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by agencies under the purview of the Board of CCpmminmionom, including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 1. Purchase of library booku, education and/or personnel teetm, similar audio visual mo0erhals, periodicals, printed library cards, etc, 2. Single source purchases(pursuant to subsection C). 3. Valid public emergencies(pursuant to Section XXI) 4. Where it is determined to be in the best interests of the County to do so. B. All purchases subject to formal competition shall be awarded by the Board of County Commissioners unless otherwise delegated by the Board via formal public action. C. Exemption For Single Source Commodities: Purchases of commodities and services from a single source may be exempted from formal competition upon certification by the Purchasing Director of both of the following conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 2. The recommended vendorlcontractor is the only one ready, willing and able to meet the County's requirements. All Single Source purchases in excess of the formal competitive threshold shall be exempted from formal competition by the Board. Recurring single source 3 160 8 purchases shall not require subsequenBoard approval (in the same or in any subsequent fiscal year) provided that there are sufficient budget appropriations to make each purchase. Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Purchasing Director, as permitted by law D. Use of Past Performance Data: In order to promote the qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall be accomplished as follows: 1. The Purchasing Department shall be responsible for each of the following: a. Dnve|oping, implementing and maintaining appropriate administrative pnocedurao, instructions and technologies necessary to collect and access vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts, 2. Using agencies shall be responsible for each of the following: a. Conducting periodic performance evaluations of vendors under contrac with the County pursuant to the procedures established pursuant to subsection VD.la. b. Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as set forth in the administrative procedures referenced under subsection V.D.la. VI. COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shall be accomplished by competitive sealed bid, by competitive selection and negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to the [cwveut, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's raqoinements, whichever takes precedence. A. Notice lnvitinq Bids: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. 2. Scope of Notice: The public notice required herein shall include a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured and the time and place for opening bids. 3. Bidders' List: The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have registered their names on the Collier County Purchasing Department vendor datoboue, which will electronically send them a notice of the proposed purchase or sale. Notices 160 8 sent to the on the Collier County Purchasing Department vendor database shall be limited to commodities or services that are similar in character and ordinarily handled by the trade group to which the notices are sent. Vendors/contractors are responsible for maintaining their profiles in the database to ensure proper notifications are received. Vendors/contractors may be removed from the database by the Director for continual non-response to formal solicitations and violations to the Purchasing Policy. The Director shall have the discretion to continue to issue formal solicitations and accept formal bids, proposals and other tenders using paper where appropriate. 4. Bid Deposits: When deemed necessary by the Director, bid deposits shall be prescribed in the public notices inviting bids. Said deposits shall be in the amount equal to five percent of the bid submitted. The Director shall have the authority to return the deposits of all bidders prior to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter into a contract within ten(10>working days after written notice of award. 5. Bid Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been issued for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for insuring that addenda are available on the e-procurement website and that all prospective bidders who have downloaded specifications are notified of the addendum prior to opening of bids. B. Procedure for Bids: 1. Sealed Bids: Sealed bids shall be submitted manually or electronically to the Director and if manual shall be clearly identified as bids on the outside of the sealed envelope. 2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department. 3. Tabulation' A tabulation of all bids received shall be made either electronically or manually by the Purchasing Department and shall be available for public inspection. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Section 287.887. FSIn the event that all of the tied bidders comply with Section 287.087. F.S.. the Purchasing Department shall determine if any of the bidders would be considered a local business as defined under Section X! of this policy. If one (and only one) of the bidders is determined to be a local business, then award of contract shall be made to that bidder. In the event that two or more local bidders are tied theneuAer, award of contracshall be made in accordance with Section Xi%.(a)cdthis policy. 160 �� D. Rejection Of Bids And Neqotiation: 1The Board of County Commissioners shall have the authority to reject any and all bids. 2. Subsequent to applying the procedures set forth underSection)U (2)(a) (where applicable), if the |owesL, qualified responsive bid exceeds the budgeted amount and if the purchase is not funded in whole or in part with interagency grant dollars,the Purchasing Director may negotiatenhangeswiththeoppanant lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 3. If no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cosof the commodities or services obtained. E. Waiver Of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids. F. Award Of Bid Contract: The Choinnan, when authorized by majority vote of the Board or as otherwise provided for in this policy, shall execute formal contracts having a binding effect upon the County. Fonna|, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board of County Commissioners to the lowest qualified and responsive bidder. In addition to the price shall be considered the following: 1. The ability,capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least time, if appropriate,without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. G. The qoa|ity, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for award for bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. Bidders competing for a prospective bid award (and their agents/representatives) will not be permitted to publicly or privately address the Board regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board. 6 1 6 8 VIIPROCUREMENT OF PROFESSIONAL SERVICES A. Because differences in price monly be a minor concern compared to qualitative considerations, professional services may be exempted by the Purchasing Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation. 2. Competitive Proposals(pursuant to Section VIII). B. A professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: 1. Appraisal Services.-real and personal property appraisers. Z. Annhhenuna, professional engineering, landscape anohbectune, or registered land surveying services(as per Section 287.U56' F.S.) 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Section 11.45, F.S.). 4. Consultants-planning, management,technological or scientific advisors. 5. Financial Services - bond oounon|, rating and underwriting, financial advisor, and investment services. G. Legal Services-attorneys and legal professionals. 7. Medical Services ' medioine, psyohiatry, denla|, hoopito|, and other health professionals. C. Requests exclusively for services defined under VU.B.2 will be procured in a manner consistent with Section 287.066. F.S., known as "The Consultant's Competitive Negotiation Act"ao required by said statute, Projects may inoiude, but are not strictly limited to one or more of the following: 1. Fixed assignment contracts: A grouping of minor professional service (including construction inspection services) assignments. 2. Fixed term contracts: Countywide agreements for various and miscellaneous minor professional services (including construction inspection services) on an as needed basis 3. General Professional Services: Includes adminietration, support and management of engineering, omhitedura|, surveying and planning activities. Prior to issuing a work order under a contract identified under Section VII.C.1-3,the Director shall have the discretion to solicit project or task specific proposals from one firm or from multiple firms under a fixed term contract. In such instances, each solicitation shall be issued on a "best value" basis where qualifications and price are considered. Each solicitation shall include at minimum a description of work to 160 00 be performed and the criteria to be used to evaluate each proposal. For afi best value" based aoUnitatinno, price shall not exceed 50 percent of the total evaluation criteria. The Director shall be authorized to approve alt work orders where the maximum initial dollar amount does not exceed two hundred thousand dollars ($200,000) and where the maximum initial contract amount does not exceed seven hundred fifty thousand dollars ($750.000). Any work order and/or contract that exceeds that amount subsequent to award and prior to completion of the work shll bto the provisions of Section XV.0 of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. All fixed term agreements issued under this section shall be eligible for extension or renewal in accordance with the provisions of Sections XV.D and E respectively. O. For all service procurements in excess of the formal competitive threshold under the Competitive Selection and Negotiation maihod, authority to announce and distribute Requests for Proposals or Letters of Interest and Qualifications and to appoint and empower a selection committee shall be pursuant to Section V!||.8. hereof. E. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. F. Purchases for all professional services estimated to be equal to or less than the formal competitive threshold may be approved by the Purchasing Dinector, as permitted by law. G. Requests for outside legal services will be referred to the County Manager and the County Attorney for review and comment as to whether said services are necessary and/or appropriate. Requests for outside legal services may be exempted from formal competition by the Board of County Commissioners at the request of the County Manager or County Attorney. H. The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50.000 may be approved by the County Attorney and the Purchasing Department without further action. Acquisitions that exceed $50.000 may be authorized by the County Attorney and the Purchasing Department, but will be reported at a regular meeting of the Board for ratification. VIII. COMPETITIVE PROPOSALS A. The Competitive Proposals process is a method of contracselection that may be utilized by the Purchasing Director under circumstances where one or more of the following conditions exist: 1. Where qualitative considerations are of equal or greater concern than pricing considerations. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award of a firm,fixed fee contract. 3. Where the County is incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the qualified offer 8 . 1 6 0 8 is asked to propose a commoity(s) or service(s) to meet the needs of the Cdunty. 4. Where the County desires to enter into a singleomntracthor the design and construction of a public construction project(s). B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive proposals process will be utilized, The process will be conducted in a manner similar to the sealed bid process as set forth under Section VI except where otherwise stated in this section. The competitive proposals process shall proceed as follows: 1, A Request for Proposals (RFP) will be prepared and distributed in a manner consistent with the definition of said term found in Section 2 of Collier County Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the Purchasing Department at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the appropriate evaluation procedures and criteria to be applied to the selection of the best proposal among the respondents. Each RFP pertaining to the award of a design/build contract(s)shall be subject to the requirements of Section 287.055 ES. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointeby the County Manager to evaluate the proposals received. For all purchases made under the Competitive Proposals method, the County Manager may empower the selection committee to designate and rank the proposals prior to the commencement of negotiations and to negotiate a tentative agreement,subject to award by the Board. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law, the Purchasing Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. C. For purchases in excess of the formal competitive threshold, final selection of the awardee will be made by the Board of County Commissioners. D. Purchases less than or equal to the formal competitive threshold may be authorized by the Purchasing Diroctnr, as permitted by law and shall not require formal solicitation or announcement unless deemed necessary by the Purchasing Director. IX. PROCUREMENT OF DESIGN/BUILD CONTRACTS A. Procurements for the design and construction of public construction projects may be obtained thh a single contract with a firm selected in a manner permitted under Section 287.055, F.S. and the procedures set forth in this section. B. Upon completion of the Design Criteria Pachage, procurements of Design/Build services shall be processed in a manner consistent with Section VIII hereof entitled "Competitive Proposals" C. Administrative procedures shall be established by the County Manager or his designee for utilization of the design criteria professional concerning the evaluation of the proposals submitted by the design/build finna, the supervision or the 1 6 0 - approval by the County of the work drawingof the project and evaluatioof the project construction with the design criteria package. D. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using agency to negotiate an agreement for Board approval with the best qualified design-build firm available at that time. X. Small and DisadvantaQed Minority and Women Business Entemrises A. Policy Statement: Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women enterprises (WBEs) as well as to all vendors, consultants, contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County will require its vendom, 0000ultantn, contractors and subcontractors to provide qualified small businesses and DBE's with an equal opportunity to participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, VVBE, or any other vendor, consultant, contractor or subcontractor on the basis of gender, race or national ohgin, or other such factors, but rather to help ensure that small businesses and DBEs, MBEs, VVBEo' and all qualified vendos, oonmubmnts, contractors and subcontractors have an equal opportunity to participate in the County's formal competitive processes. Nothing in this Policy shall be construed to provide for or require any preference or set-aside based on gender, race, national origin or any other such factor. B. Definitions: For purposes of this po|ioy, the term "small bumineom" shall have the same definition asset forth under Section 288.7D3.(1). F.S. The term ^OBE'' shall include any "small business"as defined pursuant to Section 288.703(1) that is at least 51 percent owned or controlled by a person or persons defined as "socially and economically disadvantaged" individuals pursuant to Section 14'78.602(18). F,A.O. Reference to these definiUuno, howover, shall in no way be construed to provide that the County has adopted or is subject to the provisions of the Statute or Code referenced herein. C. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: 1. Designate the Purchasing Director to administer this policy. 2. Utilize outreach programs to identify, register and educate small businesses and DBEs. MBEs and WBEs to participate in the procurement/contract process including, but not limited to: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises. c. Utilizing publications aimed at reaching these enterprises. 160 d. Utilizing directories and other reference sources that list these enterprises. s. Publicizing to encourage these enterprises to participate in the County's procuremenprocess. f. Other actions designed to identify these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's procurement process. D. Conformity with Applicable Law: The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law,federal law shall supersede such state law. X|. Procedure to Provide Preference to Local Businesses in County Contracts. Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the purchasing po|icy, purchases of commodities and services shall give preference to local businesses in the following manner: (1) "Local Business"defined Local business means the vendor has a valid occupational license issued by Collier County at least one year prior to bid or proposasubmission to do business within Collier County that authorizes the business to provide the commodities or services to be purchomed, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way. This may include, but not be limited to. the retention and expansion of employmentopportunities,the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in wring their compliance with the foi at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. (2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who fails to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding oource, mandates to the contrary, Collier County and its agencies and instmumenhu|itk*n, will give preference to local businesses in the following manner: (a) Competitive bid (local price match option). Each formal competitive bid solicitation shall clearly identify how the price order of the bids received will be evaluated and determined. When a qualified and neapunsiva, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local 160 8 businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunitytuwubmit. onofferb» mat h the price( ) offered by the overall lowest, qualified and responsive bidder. In such |mstanoew, staff shall first verify if the lowest non-local bidder and the lowest local bidder are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087. F.S. If the lowest local bidder meets the requirements of 287.087. ES., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted to the Purchasing Department within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously, then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid pdue(o), then award will be made to the lowest overall qualified and responsive bidder. If the lowest local bidder does not meet the requirement of Section 387.087. F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. (b) Request for pnaposals, qualifications or other submittals and competitive negotiation and selection. For alt purchases of commodities and services procured through the Competitive Proposals (Section VI) or Competitive Selection and Negotiation (Section VIII) methods not otherwise exempt from this local preference section, the RFP solicitation shall include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection VII.B.2 (which are subject to Section 287066, F.S) and subsection V||.B.3 (which are subject tuSection 11.4G. EB)shall not be subject to this local preference section. (3) Waiver of the application of locapreference. The application of Local Preference to a particular purchase or contract for which the Board of County Commissioners is the awarding authority may be waived upon approval of the Board of County Commissioners. (4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qoe|ifioodono, character, responsibilityond fitness of all persons, firms or corporations submitting bids or proposals. Furthe«, the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law instead of the preferences granted herein. (5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter into an interlocal agreement with such local government wherein the preferences of this section may be extended and made available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local government. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local business" unless it contributes to the economic development and well-being of the said local government whichever is applicable, in a verifiable and measurable wayThis may indoda, but not be limited to, the retention and expansion of employment opportunities, the support and increase to that local government's tax base, and residency of employees and principals of the business located within the limits of that local government. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for 12 1 6 8 consideration as a "local business" under this section. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier Couny firms competing for its contracts. (6) Punvew and administration of this policy. This policy shall apply to all departments and units under the direct purview of the Board of County Commissioners. The Purchasing Department shall be responsible for developing, implementing and maintaining administrative procedures in support of this policy. (7) Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local preference section is being added to the purchasing policy in support of the local economy during difficult economic times in Collier County. On or about one year of the effective date, the Purchasing Department will provide the Board with an update of the results and impacts to date of this local preference policy. Within two years of the effective date, the Board shall receive a similar report from the Purchasing Department and shall determine whether to continue or modify this policy. Should the Board not elect to continue the local preference policy, it will expire at that time. XII, PAYMENT OF INVOICES A. It is the intent of the Board of County Commissioners that all agencies under its purview be in compliance with Section 218.70 F.B., otherwise known as the"Local Government Prompt Payment Act" Pursuant to this, the requirements of this section shall apply to the following transactions: 1. The purchase of commodities and services; 2. The purchase or lease of personal property: 3.The lease of real property. B. The Purchasing Director shall have the authority to establish and maintain a procedure that authorizes minor payment variances between the purchase order and invoice where warranted. The authority to pay such variances shall not exceed 5% of the purchase order amount or 5500, whichever is less. C. Additionally, the Purchasing Director shall be permitted to establish and maintain a procedure that authorizes the payment of freight and delivery charges that are not specifically identified on the purchase order. D. It shall be the responsibility of the Purchasing Dinactnr, in consultation with the Finance Director and using aganoieu,to establish, distribute and administer procedures for the timely payment of all transactions as defined under XII.A hereof. Such procedures shall inc|ude, but not be limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the Countys payment requirements and formally notifying each vendor of their availability. 2. Steps required for the receipt of all invoices and the prompt return of improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. 1 60 8 E. Each December, the Finance Director and the Purchasing ubmit a joint report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. XIII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS County funds may be used to pay for dues for membership in a professional or other organization provided that such expenditure meetthe following criteria: 1 Such membership is deemed necessary to meet duties and responsibilities required by Fedore|. State or local mandate or to facilitate proper professional development. 2. The organization of membership is of a nonprofit nature. 3. Sufficient funds are available within the proper appropriation unit/summary code. XIV. STANDARDIZATION, COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS A. Where standardization is determined to be desirable by the D|rector, the purchase of commodities may be made by negotiation with the approval of the Board of County Commissioners if more than the competitive bid limit or by the County Purchasing/General Services Director if less than or equal to the competitive bid or negotiation threshold, B. The Director shall have the authority to approve purchases under State of Florida and Federal GSA cooperative contracts. The Director shall also be authorized to join with other units of government in cooperative purchasing ventures prior or subsequent to award when in the best interests of the County. If funds have already been budgeted, no further Board action will be required. In authorizing all such purchases under pre-existing agreements, the Director shall have determined that the term and conditions of the purchase are competive in the market and favorable to the County. XV. CONTRACT ADMINISTRATION A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. 3. A provision specifying the terms of cancellation by the County and where app|ioab|o, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 1608 5. Where applicable, pursuant to Section 287.133 F.S,, a provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficiendocumentation of the procurement. The Purchasing Director shall have the discretion to determine the circumstances under which a purchase order (and all documents included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the using agency(requesting department). C. Contract Changes: Notices issued under a purchase or contract may be authorized and executed by the Purchasing/General Services Dinactor, excepting notices that terminate a Board-approved purchase or contract in its entirety. Modifications to a Board approved purchase or contrac. including but not limited to change orders, supplemental agreements, amendments and changes by letter may be authorized and executed by the Purchasing/General Services Director provided that the change (or the sum of the changes) amounts to not more than the greater cf(i) 1Opercent ofthe current Board approved amount.or(ii)$1O.U00. The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rether, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the using agency(ies). Such purchases shall be subject to all other provisions of this policy. Notices that terminate an entire purchase or contracthat was Board oppnoved, and contract modifications that increase the total contract amount beyond the limits set forth above as appUcabka, shall require the approval of the Board of County Commissioners or as otherwise provided for in this policy. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. All deductive changes pertaining to the use of direcmaterial purnbaseo, including those that reduce the contract amount by more than ten percent below the current Board approved contract amount shall be reported to the Board monthly as part of the monthly contract changes report and shall not require prior Board approval. D. Contract Extension: Extension(s) of a Board-approved contract for commodities or services may be requested by the contract manager to the Purchasing/General Services Director in writing for a period not to exceed six (6) months (cumulatively) and shall be subjecto the same terms and conditions set forth in the initial contract. The Purchasing/General Services Director shall have the authority to authorize and execute all such extensions. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. Extensions of contracts that do not (inclusive of the extension) exceed the formal competitive threshold may be authorized and executed by the Purchasing/General Services Director without Board action. E Contract Renewal: The Purchasing/General Services Director shall have the authority to authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 16O 8 1. That the Contractor has performed in a satisfactory manner and that the Director has received a request to renew from the Contract Manager verifying the Contractor's satisfactory performance. 2. That the agreement is renewed subject to the terms and conditions set forth in the initial contract. Costs and terms of any contemplated renewals are included in the invitation to bid or request for proposals. 3. That the renewal is done on an annual boeis, commencing at the end of the initial contract period. Any such contracts shall not be renewed for more than 3 years unless competitively procu red Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All forma|, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases less than or equal to the fnmna|, competitive threshold may be authorized and executed by the Purchasing Direotor, subject to the review and approval for legal sufficiency by the Office of the County Attorney. G. Work Orders (Not Under CCNA): The Purchasing/General Services Director may authorize and execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in either the Board approved term contract for services under which the work order is geneuted, the solicitation document (s) that resulted in the contract or the Executive Summary that pertains to the contract. Modifications to a work order may be authorized and executed by the Purchasing/General Services Dinm|or, provided that the work order, as modi5ed, does not exceed $100,000 or if it does, the change (or sum of the changes) does not exceed 10%of the current Board approved amount. The above provisions of the Section G shall not apply to work ovders, or modifications to work orders, governed by Section VIl.0 above. H. Consent to Assignments of Contract: For all contracts which exceed the formal competitive threshold, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. For such requests for agreements below the formal competitive threshold, the Purchasing/General Services Director shall have the authority to approve assignments on behalf of the agency. I. Authority Limitation and Deleqation; Promulqation of Procedures: The Purchasing/General Services Director may delegate to one or more other Board employees any or all aspects of the authority vested in the Purchasing/General Services Director to authorize and/or execute contracts or contract-related documents pursuant to Section V||.0 above and Sections C through G of this Article XV or otherwise under law. All authority to authorize and execute documents that is vested pursuant to this Article XV in the Purchasing/General Services Director or any other person shall be subject to the limfts of any applicable federal, state or other law. 160 8 The Purchasing Department shall be responsiblefo establishing nd maintaining administrative procedures that set forth any delegations of authority made pursuant to the foregoing provisions of this Section I, that set forth formal processes for each of the instruments referenced in this Article XV. and that are in all respects subject to the provisionof this Article XV. These procedures shall also set forth generalized requirements for (i) such pre- execution reviews of documents by the Office of the County Attorney and (ii) pre- execution reviews of documents by such other depertmonto, if any, as the Purchasing/General Services Director determines to be appropriate and advisable. J. Payments to Contractors, Vendors and Consultants Prior to the execution of a formal contract subject to this policy, the Purchasing Department shall have the discretion to establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. In accordance with Section 218.735 (8), F.S., the Purchasing Director shall establish procedures to reduce to 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Purchasing Dinector, or his daoignee, shall have the discretion to eutob|iah, in writing, a schedule(s)to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warrantedThe discretion of the project manager to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term "cumulative retainage' is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager, whichever is less)" 2. That any decision to reduce retainage shall be formally communicated in a letter to the Contractor's appropriate representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner, 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4, That the Purchasing Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. The Purchasing Director's designee shall also be granted the discretion to authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 58% of the contract amount less retainage have been issued) __ 160 ~- 3. The retainage dollar amount to be released is based upon and consistent with the prevailing percentage of cumulative retainage being held at the time that the retainage is released. XVI. PERFORMANCE AND PAYMENT BONDS A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whonevor, and in such omountn, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney, XVII. UNAUTHORIZED PURCHASES No County officer or employee shall intentionally order, other than by purchasing card as permitted under this policy, the purchase of any commodities or services, or make any contract within the purview of this policy other than through the Purchasing Director. Any purchase order or contract made contrary to the provisions hereof shall not necessarily be approved and the County shall not be bound thereby. All purchases made within the provisions of this Policy shall be made with a purchase order or purchasing card, whichever is appropriate. In the event that a purchase transaction is found to be in violation of this policy, the Purchasing Director shall determine the facts pertaining to the transaction. In consultation with the appropriate operating department director, the Purchasing Director shall determine whether it is in the best interests of the County to proceed with the purchase and if so, under what conditions. If a determination is made to proceed with the pumhnsa, all such transactions in excess of the formal competitive threshold (or other applicable Board authorization thresholds set forth in this policy) shall require the approval of the 8nand. All such transactions equal to or less than the formal competitive threshold may be approved by the Purchasing Director, A. Exceptions: This section shall not apply to the payment of premiums for insurance policies that have been acquired through prior Board action. This section shall not apply to nor supersede Resolution Nos. 88-30. 86'209 and 87'16. XVIII. PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this Policy. XIX. PROTEST OF BID OR PROPOSAL AWARD The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds prior to award of contract by the Board of County Commissioners. A. Any actual or prospective bidder or respondent to an Invitation for Bids or a Request for Propooa|n, who alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party") may protest to the Purchasing Director, who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. B. All formal protests with respect to an Invitation for Bids or a Request for Proposals shall be submitted to the Purchasing Director in writing not less than four hours prior to the opening of bids or the closing time for acceptance of proposals. The 1 60 Purchasing Director, in consultation with the contract manager (and other appropriate County otaM), shall have the authority to address all such protests received under subsection B and to determine whether postponement of the bid opening or proposal closing time is appropriate. The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files a subsequent formal protest of the recommended contracaward as described under this section. C. Any actual or prospective bidder or respondent to an invitation for bids or a Request for Proposals who desires to formally protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends and County ho|idoyo, from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted in writing to the Purchasing Director for a decision. Said protests shall be submitted within five (5) calendar days, excluding weekends and County ho|idoyo, from the date that the notice of intent to protest is received by the Purchasing Director. The formal protest shall contain. but not be limited to the following information: 1. Name and address of County agency affected and the bid number and title. 2. The name and address of the protesting party. 3. A statement of disputed issues of material fact. If there are no disputed material facts, the written letter must so indicate. 4. A concise statement of the ultimate facts alleged and of any relevant ruleu, nagu|atinno, obe1uteo' and constitutional provisions entitling the protesting party to relief, 5. A demand for the relief to which the protesting party deems himself entitled. 6. Such other information as the protesting party deems to be material to the issue. E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best interests of the County. Neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners or any independent hearing officer (where applicable) regarding the protest prior to the protest being heard or reviewed by either of the aforementioned unless requested to do so by the Purchasing Director. F. The Purchasing Director shall review the merits of each timely protest and in consultation with the contract manager and other appropriate County staff, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under section XIX. Said decision shall be in writing and mailed or otherwise furnished to the protesting party. The decision of the Purchasing Director shall be final and conclusive unless the protesting party delivers a subsequent written objection to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays from the date of receipt of the decision. G. In the event of a subsequent objection pursuant to subsection F. the County Manager shall have the discretion to appoint an independent hearing officer to 1608 review the facts relevanto the protesThe appointed officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a finding of fact and a opinion in writing to the County Manager for submission to the Board of County Commissioners. Prior to commencement of the hearing, the protesting party shall be required to posa cash surety in an amount equal to one(1) percent of the using agency's estimate of the contracamount or one-thousand dollars ($1,000), whichever is less. Should the Hearing Officer find in favor of the County, the protesting party shall forfeit the surety as partial payment for undue delay. Otherwise,the surety will be returned to the protesting party. H. In the event that the protescannot be resolved by mutual consent, the matter will be referred to the Board of County Commissioners for final resolution. I. Failure to file a formal protest within the time and manner prescribed by Section XIX shall constitute a waiver of the right to protest by any protesting party as defined by subsection A of this section XX. CONTRACT CLAIMS All actual or prospective claims arising against the County from ountnaotoro, vendors or any other party in direct privity with the County to provide commercial commodities or services shall first be directly addressed by the parties' administrative representatives in a manner consistent with the agreement between the parties and in accordance with the County's Procurement Administrative Procedures Manual. For any prospective or actual claims or disputes arising under any contract entered into by the County, the Purchasing Director shall have the discretion to arbitrate or mediate the claim or dispute or may appoint an independent third party to do so within the authorization threshold limits of this policy. XXI. EMERGENCY PURCHASES A. By County ManagerIn case of an emergency which requires immediate purchase of commodities or services in excess of the formal competitive threshold, the County Manager shall be empowered to authorize the Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to act in the case of any emergency including the issuance of emergency change orders/supplemental agreements. Any emergency action shall be reported at the first available regular or special meeting of the Board of County Commissioners. The County Manager shall further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. B. By Purchasing Director: In case of any emergency which requires immediate purchase of commodities or services equal to or less than the formal competitive threshold, the Purchasing Director shall be empowered to secure such services and commodities by open market procedure as herein set forth. Such action shall be reported immediately to the County Manager when appropriate. This section in no way constrains the provisions of Collier County Ordinance No. 84-37. XXII, INSPECTION AND TESTING The Director shall inopect, or supervise the inspection of, or cause to be |napeoted, all deliveries of commodities or services to determine their conformance with the specifications set forth in an order or contract. 20 1608 . A. Inspection by Using Agency: The Director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Director shall prescribe. B. Testing: The Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. In the performance of such tests, the Director shall have the authority to make use of laboratory facilities of any agency of the County or of any outside laboratory, XXIII. SURPLUS COMMODITIES AND TANGIBLE PERSONAL PROPERTY All using agencies shall submit to the Director, at such times and in such form as shall be praouhbed, reports showing stocks of all tangible personal property which are no longer used or which have become obsolete,worn out or scrapped. A. Transfer: The Director shall have the authority to transfer surplus stock to other using agencies. B. Sale: The Director shall have authority to sell all commodities of a value less than the limits proscribed under Chapter 274 F.S., which have become unsuitable for County use. Sales under this section shall be made to the highest responsible bid and in conformance with Section, 274, ES. The Director shall be authorized to approve all sales where the net revenue to the County does not exceed $50,000. All sales exceeding $50,000 in net revenue to the County will be approved by the Board prior to completing the sale or conducting the sales event. C. Trade In: The Director shall be authorized to approve purchases that include the "trade in" of existing items (including assets) pursuant to the purchase of new, replacement or upgraded items/services, D. Donation: Operating departments under the purview of the Board of County Commissioners shall be authorized to accept items donated to the County. The receipt of all items not considered to be assets as defined under Florida law is to be documented by a letter from the operating department director to the donating entity. Items considered to be assets are to be documented using the appropriate forms and forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division. Documentation is to include, but not be limited to: the date the asset(s)was received: the estimated fair market value of the asset(s); a description of the asset(s); a serial number if applicable and the fund/cost center under which the asset(s) will be assigned. E. Disposition of Assets: The Director shall have the authority to determine whether previously-acquired items (including assets) that are no longer useful to the agency have commercial value and if not, to dispose of such items in an appropriate manner with or without offering such items for sale, trade or donation to other entities. The Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a quarterly report that identifies any assets that are disposed of under the provisions of this subsection. XXIV. PURCHASING CARD PROGRAM The Director shall be responsible for the overall management and operation of the County's purchasing card program. For the purpose of this po|ioy, a purchasing card is a 1 60 credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Director shall be authorized to assign cards to employees for these purchases. The Director shall have the authority to establish the following dollar limits for each assigned card: A. Sinqle Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized by the Director. B. Monthly Spending Limit: Not to exceed S10.000 per card unless otherwise authorized by the Director. C. Strategic Purchases; The Director may utilize (or delegate the authority to other Purchasing Department staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section in instances where one or more of the following is true: 1. Where the purchase is to address a valid public emergency; or 2. Where the County will earn revenue through card program rebates; or 3. Where a vendor is requiring the County to order by purchasing card. D. Sales Tax Compliance: Pursuant to Section 212.08(6). F.@.. County purchases transacted with vendors within the State of Florida are exempt from the state sales and use tax. In such instanoes, it is the responsibility of the cardholder to provide the vendor with the appropriate tax exemption information when the card is presented to the vendor. In the event that the cardholder refuses to grant the tax exemption when the card is preaonted, the cardholder is authorized to allow the tax to be charged to the card. It is the position of the Board that it is not cost effective or in the public interest to require a cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the event that the total sale exceeds $300. the cardholder's department director (or their designee) is responsible to ensure the tax is returned to the County for the purchase. E. Rebates: All purchasing cards rebates will be credited to the general fund unless otherwise specified by the Director. In all such instances, the Director shall ensure that the purchase has been approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing card shall be properly recorded and tracked through the Fixed Assets Section of the Clerk of Courts Finance Division. The language of this section is not intended to supersede the provisions of Collier County Resolution 2006'49. XXV SEVERABILITY If any one or more of the provisions of this Policy should be held contrary to any provision of law or contrary to express law, though not expressly p/ohibitod, or against public policy, or shall for any reason whatsoever be held inwa|id, then such provision(s) shall be null and void and shall be deemed severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy. 7) 1 6 0 8 XxV|. REPEAL PRIOR AND CONFLICTING All resolutions and policies or parts of resolutions and pdicieo, in conflict herewith, are hereby repealed. XXVII. EFFECTIVE DATE An official copy of this Policy shall be filed in the office of the Clerk to the Board of County Commissioners immediately after enactment and this Policy shall take effectat that time. XXVIII. CONFLICT OF INTEREST When procuring commodities or services using County fundseach entity and employee under the purview of the Board of County Commissioners shall comply with all applicable state and federal laws concerning conflict of interest. For state or federal Community Development Block Grant-funded prcjeoto, entities and employees shall comply with the requirements of Part 85, Section 36(b)(3)of the Housing and Urban Development Code, XXIX. DEBARMENT AND SUSPENSION The Board shall grant authority to County staff to suspend and/or debar vmndnrn, contnmctom, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's interests and the integrity of the County's contracting process. The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere in this policy. A, Definition of Terms: For the purposes of this oection, the following terms have been defined as follows: 1. Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor. 2. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. 3. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g., through an effi|ioha), submits offers for or is awaodod, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of commodities and services, including professional services; or b. Conducts buoinemx, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. c. Forthepurposeoofthissec11on. thmtamno 'vendo/' ond ^nonaultant' oha/| have the same meaning as"contractor and the term"sub consultant"shall have the same meaning as the term "subcontractor'. 4 Conviction means a judgment or conviction of a criminal n#onoe, felony or miudememnnr, by any court of competent judndiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of no |n contendere. Z3 1608 5. Debarment means action taken by the County to exclude a contractor from County and County-approved subcontracting for a reasonable, specified period as provided herein 6. Preponderance of the Evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. 7. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. 8. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director") to temporarily disqualify a contractor from County contracting or County-approved subcontracting. B. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contnantor, subcontractor or person from consideration for award of contracts if there appears to be a reasonable basis for debarment as set forth under Section XXIX. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. C. Debarment: 1. Causes for Debarment: The prospective causes for debarment include one or more of the following: a. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embozz|emont, theft, fu,gmry, bhbery, falsification or destruction of rez},ds, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which ounenUy, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s) of county contract(s) pnovisiona, which is (are) deemed to be serious and to warrant debarment, including the tei|ure, without good uauoe, to perform in accordance with the terms, onndibono, opeoificetiona, scope, schedule or any other provisions of the contract(s). e. Refusal to provide bondo, insurance or other required coverages and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. 24 1608 g. Presence of principals or corporate officers in the business of concern, who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. i. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. 2. Debamient Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the comp|oin1, verify whether it is compliant with the provision of this po|iny, direct any appropriate changes and forward the complaint to the contractor. c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation, The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the oomp|aind, as forwarded to the contractnr, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action is based upon a conviction, judgment or other event(s) where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his deoignae), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as The committee") consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee, which will generaJly consist of county emp|oyeeo, none of whom shall be a member of the department initiating the complaint. At the discretion of the County PNmnegor, a member from private industry with a particular area of relevant expertise may be appointed to the commiMee, provided that this member is not a direct or 25 160 _ indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disckzso, to the PGS Di,euhor, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The PGS Director, or his designee, shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor in the debarment process. All voting committee members are prohibited from having any communication regarding the debarment issue outside the committee deliberations with any of the parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Cortnactor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. g. Where the material facts are in diopute, the committee shall evaluate the evidenoe, judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing, the contractor shall be presumed to be unqualified and or non-responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact. In the event that the committee decides to impose debarment, the debarment decision will formally include, but not be strictly limited to the following information: 1) The specific reasons for the debarment; 2) The scope of the debarment: and 3) The period of debarment, including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committee's decision to the contractor and affiliates involved. Should the Contractor object to the committee's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager (or his deaignoe), who will review the debarment record compiled by the initiating dopmrtment, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. 3. Debarment Period a. At its sole dimonation, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s) and in no event shall be the debarment period exceed five years without the approval of the Board. 26 1608 b. At its sole discretion, the committee (having the same or differen composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons. 1. Newly discovered material evidence; 2. A reversal of the conviction, civil judgment or other action upon which the debarment was based; 3. Bona fide change in ownership or management: 4. Elimination of oter causes for which the debarmenwas imposed; or 5. Other reasons that the committee might deem appropriate. The contractor's request shall be submitted to the PGS Director in writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. 4. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred conbactom, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors. b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. 5. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it is in the best interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s) unless otherwise directed by the PGS Director. 27 ' 16D8 6. Restrictions on a. When a debarred contractor is proposed as a subcontractor for any subcontract subject to County appnova|, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exiat, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection S.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer 7. The Scope of Debarment: Debarment applies to all officers, principals, dinsotora, partnena, qua|ifiars, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by its terms to specific divisions, organizational elements or commodity/services. The committee's decision includes any existing affiliates of the contractor if they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. I/10/0 28 160 8 Email: EllyMcKuen@Colliergov.net CAT County Telephone: (239) 252-2664 Public Services Division Community&Human Services ADDENDUM Number 1 FY2015-2016 HUD Grant Application Memorandum Date: January 16, 2015 From: Elly Soto McKuen, Senior Grant and Housing Coordinator Subject: Addendum # 1 RE: FY2015-2016 HUD Grant Application The following clarifications are issued as an addendum identifying the following change (s) for the referenced solicitation: Collier County Community and Human Services is amending the current Request for Application for Federal Funds CDBG/HOME/ESG Fiscal Year 2015-2016 to add the option of a 2-year funding cycle for those applicants applying for CDBG Public Services projects (Public Services ONLY). All other applications are for 1 year projects. The Applicant's Guide has been amended, as well as the application. The grant application is hereby amended to reflect the following changes (new information is in italics and underlined: Application Checklist: Add the following check box to the required Exhibits (Page 5): [1 Addendum #1 form - Executed Section 2: PROJECT SUMMARY INFORMATION (Page 7) Public Services Request Addendum 1 Collier County FY2015-2016 HUD Grant Application January_,2015 1 160 8 Year One: Year Two: (optional) Non Public Services Project Funding Request: Section 9: ADDITIONAL PROJECT SPECIFIC INFORMATION Amending Operating and Services Section (page 16): • Public Services projects are identified in the Matrix Code located on Page 12 of the application (Matrix Codes 05-05W). Section 14: BUDGET BUDGET SUMMARY SHEET (Page 24) Each line item category along the left of the form, list the funding totals for: • Requested CDBG/HOME/ESG • Funds provided by other sources and identify sources `‘i- Ensure the accuracy of mathematical entries and totals by columns and rows • Provide 2-one year budgets for all Public Services projects (FY2015-2016 and FY2016-2017). If awarded funding in the FY 2015-16 funding round, the applicant will not need to re-apply for the 2nd year funding request, but will be required to provide all certifications outlined in the application, including but not limited to: the exhibits outlined on Page 4 of the application. Funding for the second year is dependent HUD funding to Collier County, no monitoring findings from CHS monitoring visits, additional contractual obligations identified in the County's subrecipient agreement, current quarterly reports. CHS reserves the right to request additional information during the 2nd year application cycle to determine continued eligibility and compliance. If you require additional information please contact me by either telephone at (239) 252- 2664 or through email at EllyMcKuen@Colliergov.net. Please sign below and return a copy of this Addendum with your submittal for the above referenced solicitation. (Signature) Date (Name of Firm) 160 8 , <, _ ,.. , OA Vi ( t, T / ' _. P c ., \`` V [i 11, X /‹. 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