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Backup Documents 03/11/2014 Item #16B1 ORIGINAL DOCUMENTS CHECKLIST & I3iG ROU f TO ACCOMPANY ALL ORIGINAL DOCUMENTS S THE BOARD OF COUNTY COMMISSIONERS OFFICE FO SIGNATURE (Print on pink paper.Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures, dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to lan Mitchell(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Jennifer Belpedio County Attorney's Office " J) ? 1�\1LA 2. Commissioner Donna Fiala Board of County Commissioners -b* ar ll 1 3. Trish Morgan Clerk's Minutes and Records 4. 5. PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Bradley Muckel Phone Number 239.867.0027 Contact Agenda Date Item was March 11,2014 Agenda Item Number 16B1 Approved by the BCC Type of Document Grant Application Number of Original 1 Attached Documents Attached 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. Original document has been signed/initialed for legal sufficiency.(All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by �* the Office of the County Attorney. This includes signature pages from ordinances, bsm 4 resolutions,etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) /.. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a V Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the bsm document or the final negotiated contract date whichever is applicable. 174 (AO 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chaifman's bsm signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the BCC office within 24 hours of BCC approval. Some documents bsm 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! 6. Return 1 (one)fully executed copies ORIGINAL to: Please email or call Brad for pick-up bradleymuckel @colliergov.net 239-867-0027 PLEASE RUSH. GRANT APPLICATION DUE THURSDAY 3/13 AT 3PM. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04 ' 4 JOCVP1' 4$ c d � �� qs 44.405 ,._ frtsct4cA Ao 5cc‘ 16B1 MEMORANDUM Date: March 12, 2014 To: Brad Muckel, Interim Executive Director Immokalee County Redevelopment Agency From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: A Disaster Recovery Initiative (DRI) Grant Application for Collier County HHVS requesting funds of$450,000 to further implement the Immokalee Stormwater Master Plan Attached for your submittal, is the original document referenced above (Item #16B1) approved by the Board of County Commissioners on Tuesday, March 11, 2014. Our office will maintain a copy of the grant application in the Boards Official Records. If you have any questions, please call me at 252-8406. Thank you Attachment 16B1 Collier County Housing, Human and Veteran Services Request for Application Disaster Recovery Initiative (DRI) Disaster Recovery Enhancement Funds (DREF) Community Development Block Grant (CDBG) Through the Florida Department of Economic Opportunity(DEO) Fiscal Year 2008 GoerCounty DEADLINE TO SUBMIT: THURSDAY, MARCH 13,2014 NO LATER THAN 3:00 P.M. ANY APPLICATION RECEIVED AFTER 3:00 P.M. WILL BE RETURNED TO THE APPLICANT AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING APPLICATIONS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE APPLICANT. THE COUNTY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE OR ANY OTHER ENTITY OR OCCURRENCE. Collier County Housing, Human and Veteran Services Contact: Elly Soto McKuen, Operations Analyst 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112 (239) 252-2664 Ell McKuenrci col Iiergov.net 1 APPLICATION CHECKLIST 16 B 1 Collier County Community Redevelopment Agency, Immokalee—North 16th Street Improvements Insert Organization's Name and Project Name COLLIER COUNTY FISCAL YEAR 2013/2014 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 M Applicant Information ® Agency Organization Information ® Project Summary Information ® National Objectives ® Project Description and Goals ® Project Implementation Plan and Readiness to Implement Fl Experience and Capacity NI Financial Management and Budget • Budget Summary and Itemization Sheet-Operating and Services Z Budget Summary and Itemization Sheet-Construction and/or Rehabilitation ® Estimated Program Income VI Leveraged or Match Funds ® Environmental Issues ® Exhibits 1 ® 501 (c) (3) IRS Tax Exemption Letter 2 ® Articles of Incorporation 3 ® By-Laws 4 ® Organizational Chart 5 RI List of Board of Directors 6 ® Resumes, Pay Scales with Job Descriptions 7 ® State of Florida Certificate of Good Standing 8 Board Resolution authorizing submittal of grant application 9 ® Preceding 3-year audits including management letter and findings 10 ® Acknowledgement Letter 11 ® Affidavit of Compliance with Federal, State, Local Regulations 12 ® Certification of DRI/DREF Funded Construction/Rehabilitation Projects 13 ® Acknowledgement of Religious Organization Requirements 14 ® Certification Regarding Debarment, Suspension, Ineligibility Voluntary Exclusion 15 ® Procurement Policy 16 ® Organization's Most Current Balance Sheets 17: Damage Claim. FDEP Report 18: News Article 19: DVD Television News Footage 11 COLLIER COUNTY 1681 HOUSING,HUMAN & VETERAN SERVICES GRANT APPLICATION APPLICANT INFORMATION Organization Name: Collier County Community Redevelopment Agency (CRA) - Immokalee Organization Mailing Address: 750 South Fifth Street Immokalee, FL 34142 Physical Address if different: Phone: 239-867-0027 Contact Person/Title: Bradley Muckel,Executive Director(Interim) Contact Email Address: BradleyMuckel(&CollierEov.net Federal Tax ID#: FEIN#59-6000558 DUNS#: AGENCY ORGANIZATION INFORMATION 1. Is your organization a for-profit or non-profit organization? If the organization is a non-profit do you have a 501(c) (3) status? Yesn No Years in Operation: 14 2. Is your organization or agency faith based? Yesn No If yes, all faith-based organizations must complete and attach Acknowledgement of Religious Organization Requirements and must identify national or state affiliation and provide your mission statement. 3. Agency has written personnel, fiscal/procurement & implemented policy?* *housing, Human & Veteran Services will review item 3 upon award. Yes Non 4. Agency has a written operating procedures manual? Yes Nol * Housing, Human & Veteran Services will review item 4 upon award. 5. Agency has a written conflict of interest policy and has attached it to this application with this application. Yes Nol 13 Exhibit 10: Acknowledgement Letter Collier County Community Redevelopment Agency IMMOKALEE CRA 16 B 1 CRA Board i The Place to Coll Home! Commissioner Donna Fiala Chair March 11,2014 Commissioner Ms. Kimberley Grant, Director Tim Nance Collier County Housing, Human and Veteran Services Commissioner 3339 E. Tamiami Trail, Suite 211 "Toni I terming Naples, FL 34112 Commissioner RE: Request for Funding under the DRI/DREF Supplemental Funding Grant Application Cycle Fred W.Coyle Commissioner Dear Ms. Grant and members of the RRC: Georgia Hiller I have read the Collier County 1-lousing, Human and Veteran Services(HHVS)application for DRI/DREF Supplemental Funding Cycle. On behalf of the Immokalee CRA,as the duly authorized signatory for the RA Advisory Board Immokalee CRA, I agree to and accept the terms, specific limitations,and conditions expressed therein. In addition, I have read,rely upon,acknowledge and accept the County's Disclosure and Disclaimer, which is attached hereto Michael Facundo and is fully incorporated into this letter. Chairman Edward ski"Olesky By signing below,the undersigned acknowledges that he/she has read and understand the Certifications attached hereto as Exhibits 1-19 and, if awarded DRI/DREF funds, as applicable,the Immokalee CRA will be able to Robert Ilalman comply fully with the provisions of those Certifications and will be able to comply with all additional applicable I:z-ourcu' federal,state and local requirements, including procurement and financial management. Applicant also Julio 1?strcn,era 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 be requested prior to Cristina Perez 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 Floyd Crews documentation verifying such authority. James Wall The Immokalee CRA also attaches a letter designating the person that has signatory authority to bind the Carrie Williams organization should funding be allocated.The signatory letter must be notarized. Frank Nappo Sincerely, COLLIER COUNTY COMMUNITY REDEVELOP ENT AGENCY ISTIi Advisory Board Cherryle Thomas By(signature): Chair Date Signed: ell le[+4 ti 2.0% 4 William Deyo 1 FucyOrtiz Name of Authorized Individual: DON0}P3 FI A LA Norma Garcia Title: .. CRA Chair,County Commissioner—District 1 Andrea I lalman ATTEST: (R -11Sht staff DWIGHT E. BROCK, CLERK Bradley Muckel CRA/MS"Tll Interim I� Qc Director ::i‘asto • '- art'; Christie Betancourt Signature only. CRA Administrative Assistant Approved as to form and legality: James sainvilus 1S'TU Project Manager ��-- Count ttorney's Offi e 3 I fl 14 Marie Capita IBDC Manager 750 South Fifth Street Immokalee, Florida 34142 239.867.0027 PROJECT SUMMARY INFORMATION PROJECT FUNDING REQUEST $450,000 6 }3 Total Project Cost: $550,000 Depending on the number of application, there may be some instances where HI VS decides to award less than the requested amount of the application. Will the organization accept a lesser amount? Yes❑ No® If so, what would be the amount acceptable? PROJECT SYNOPSIS: Limit the project synopsis to 30 words or less in the space below: To install a subsurface drainage conveyance system, sidewalks, new driveway aprons and comprehensive asphalt roadway overlay to North 16th Street within the lmmokalee Community Redevelopment Area. NATIONAL OBJECTIVES Which National Objective will this project target? X Benefits low and moderate income persons (24 CFR 570.208(a)) ❑ Aids in the prevention or elimination of slums or blight (24 CFR 570.208(b)) Qualifies as a certified urgent need (24 CFR 570.208(c)) ❑ If 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—Those 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 2 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) The subject project will provide water quality improvements, flood relief and pedestrian facilities (sidewalks) to this residential single family (RSF) area in West Immokalee. The zoning make-up of the area is,illustrated using the Collier County Zoning Map below. The LMI designation is illustrated using the HUD Low Income Census Tract map below. 14 Collier County Zoning Map 1 6 B 1 . _ ______ .UM „5„or, ... . -.....,. 1 ......�� It mi II l Di a Pita' I� 1 , 1,ma In Imu�.I ci►waDt l 1 b -A tno rim I » ii North 16th Street ;tM in - W 11,16IMI:s! il r� in .h„„,..1,1, lu ''' MIN Illeam...... m CIIIIIIC r III i N IIIII d ' r I IQ FIT.. .r.0 � la I SR2'CQSD' . 111 I pPuy V .® 'I! i I_ `` ��: ii bps :All It .I 1 slog ■iq M® vwi iii. III J - __ x �� iiii _ �. --- , - HUD - LOW INCOME CENSUS a fl 0 TRACT BLOCK GROUPS � n a0 0 000 d -HUD Low Income Census Tract Block Groups , '� ( Li Census Tracts — — T -- ------ ,N Major Roads I ' isi 15 Blow-Up of North 16th Street Area 1681 (HUD low income areas 2, 3 and 4) 2 am. f North 16th Street 0 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 LMI. 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. _ If the National Objective that principally aids in the prevention of elimination of slums or blight is selected, describe how the activity will address ONE of the subcategories listed below: 1) At least 25%of the properties throughout the area exhibit the following: a. 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. 16 16B1 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 (24 CFR 570.208(b)(iii). _ If 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. ELIGIBLE ACTIVITIES MATRIX This table provides a list of activities eligible for funding. Please indicate which activity or activities your proposal intends to undertake. To indicate your selection(s), place an "X" in the column labeled "Mark Box". Please note that projects must make repairs and/or improvements that will mitigate future damage from storm related disasters. Mark ACTIVITY NAME ACTIVITY UNIT OF MEASURE Box NUMBER (MATRIX CODE) Acquisition for rehabilitation 15G LF, SITE, PARCEL, UNIT, HU,BU Acquisition in 100 year flood plain or Acquisition,acquisition(in 01 LF, SITE, PARCEL, UNIT, support of),acquisition of real property,acquisition: land, HU, BU building, easement or right-of-way Asbestos removal/lead based paint abatement 21A HU,BU Clearance and Demolition 04 HU,BU,UNIT Code enforcement 15 HU,BU Commercial/industrial building acquisition,commercial rehab, 17C BU demolition Demolition of vacant dilapidated housing units 04A HU,SITE Demolition of vacant dilapidated structures(other than housing) 04A HU,BU,UNIT Fire protection,fire hydrants,water facilities, lines,tank, 03J LF,UNIT,HYDRANT treatment,well Fire station,equipment 030 UNIT X Flood&drainage,hazard mitigation,flood&drainage, storm 03I LF,UNIT drains, catch basin,retention pond,curb&gutter Housing rehab plumbing 14A LF,UNIT,HU Open space parks,playgrounds,recreational facilities 03F LF,UNIT,SITE,PARCEL 17 1681 17D UNIT Other commercial/business assistance Other commercial/industrial improvements 17D BU,UNIT, SITE 03G UNIT Parking facilities, spaces Permanent relocation as part of hazard mitigation,permanent 08 HU,BU relocation,temporary relocation 14A LF,UNIT,WELL Potable well &septic system installation 03 LF,UNIT Public facilities& improvements(OTHER) Recreation/neighborhood center, senior center 03E LF,UNIT,SITE,PARCEL 14B HU Rehab,multi unit residential Rehab, public/private owned commercial/industrial 14E UNIT 14A HU Rehab, single unit residential Rehabilitation of commercial buildings, facade, section 504 17C BU compliance,correction of code violation, building rehab by owner/tenant 08 HU,BU Relocation of commercial facility 03 LF,UNIT Relocation of utilities to underground Removal of architectural barriers in public buildings 10 BARRIERS,UNIT 12 HU Replacement housing Sewage treatment plant, sewer lines&components,sewer line 03J UNIT,LF,PLANT replacement,other sewer facilities force sewer main,gravity sewer main,treatment,pump/lift stations X 03 LF Sidewalks and pedestrian malls 03H LF,UNIT Solid waste disposal improvements X 03K LF Street improvements, resurfacing 03 HU,BU Utility hookups Water and/or sewer hookups for housing units 14A HU,BU Water facilities,water&sewer improvements in general, 03J LF,UNIT nonresidential water hookups;new potable water lines 18 PRIORITY NEEDS 6 I IMPACT ON COLLIER COUNTY'S llRI/DREF (Not to exceed one page) In this section, clearly and concisely state how the proposed project will address one (or more) of the County's DRI/DREF priority needs (identified on page 3) for benefiting low and moderate income persons affected by one of the named storms from 2008 covered by the DRI and DREF grants. Describe the need for the project using local data and information. Articulate a rationale for the project related to the project's purpose(s); should explain how the project will address the stated national objectives and determine the demand for the project. In some instances justification may be in the form of a market analysis of the target population and/or the community. During Tropical Storm Fay in 2008 the North 16th Street corridor experienced significant flooding. This flooding posed safety risks to persons and property in the area at the time of the storm and will continue to pose a public safety risk/liability until addressed. The historic LMI community of Immokalee has been developed largely in the absence of funding for flood control and water quality controls. Many streets in Immokalee, including North 16th Street, have no stormwater management system whatsoever. This causes continual nuisance flooding to occur over roads and property during heavy rain events. In addition to the flooding, the stagnation of stormwater caused by the absence of modern drainage systems welcomes the accumulation of contaminants such as ammonia, e-coli and suspended solids to occur in densely populated low income residential areas. The dangers to human health and safety associated with this situation were recently illustrated in an unfortunate case in Labelle, Florida, in which a young child died of a brain eating amoeba after wake boarding in the accumulated stormwater in his neighborhood (http://www.cnn.com/2013/08/24/us/brain-eating-parasite-bov-dead/). Although this is a rare case, it should be noted that Labelle lies just 24 miles to the north of Immokalee. Concerns are further heightened by the fact that, from a regional hydrology standpoint, Labelle lies upstream from Immokalee. Simply put, the temptation to play in the accumulated stormwater in the front yards of this West Immokalee neighborhood is far too great to be ignored. This dangers associated with stagnated flood waters have not gone unnoticed by The South Florida Water Management District. In 2005, prior to Tropical Storm Fay, the Big Cypress Basin of the South Florida Water Management District contracted H.W. Lochner to develop a Stormwater Management Master Plan (ISWMP) for the Immokalee area to address flooding and water quality concerns. The Plan would address historical flooding issues and contamination concerns relative to E. Coli, suspended solids, ammonia, nitrogen and ortho-phosphate, which are evident throughout the Immokalee Urban Area as documented by water quality testing reports contained within the ISWMP document. The study involved an analysis of problems and needs, data collection, hydrologic and hydraulic modeling, water quality analysis, evaluation of alternative solutions, initial cost estimates, and development of recommended alternatives. On March 2, 2005 HW Lochner presented four alternatives to the Collier County (Immokalee) Local Community Redevelopment Agency (CRA) Advisory Board. These alternatives were divided and titled based on specific geographic areas throughout Immokalee.The chosen alternative identified improvements in six geographic areas within Immokalee. North 16th Street is part of the "Immokalee Drive" project cited in the ISWMP. In June, 2013 the CRA contracted with CDM Smith Engineering to transform the Lochner conceptual design for the North 16th Street segment into biddable/buildable construction drawings. CDM Engineering has recently completed the construction drawings for the project.The project is scheduled to be advertised for construction services in early March, 2014. If construction funding is awarded as a result of this application, a notice-to-proceed will be issued to a general contracting firm in May, 2014 with a completion date of November, 2014. This follows the six-month performance requirement of the grant guidelines. 19 PROJECT DESCRIPTION AND GOALS 16 B 1 (Not to exceed one page) The hurricane hardening efforts proposed herein will bring the area up to modern code standards,which is necessary for the residents' quality of life, their health and safety, and for the long-term revitalization of the Immokalee area well into the future. The proposed sub-surface drainage system will expeditiously transport stormwater away from homes and into Lake Trafford after passing through a series of nutrient-loading baffle box filtration devices. The use of this Disaster Recovery funding would not only serve the immediate recovery and long-term mitigation needs of Immokalee, but it would also have positive economic and environmental implications for an area recognized as being a priority for redevelopment aid in both the Collier County Growth Management Plan and Immokalee Redevelopment Plan. Upon completion, the subject area of Immokalee will experience less nuisance flooding through improved drainage facilities. This decrease in property damage will be the primary benefit of the project. The drainage facilities include numerous catch basins on both sides of the street which will be connected to one another and tied to underground concrete pipe that will transport the stormwaters into the Lake Trafford Slough after passing through the baffle box filtration devices. As a secondary benefit, the residents of the area will also gain an increase in safety and protection from hazardous contaminants associated with the chronic flooding. In addition to the primary and secondary benefits resulting from the project, the tertiary benefit of the project will be the increased pedestrian safety associated with sidewalk construction in an area that is located within a densely populated walking/biking community. Currently, pedestrians and cyclists share the narrow roadway with vehicular traffic in the absence of sidewalks and/or bike paths. Finally, a comprehensive asphalt overlay is being proposed to cover up the road cuts required for the installation of the drainage pipe system. Typically, these "open cuts" are simply patched with asphalt, creating a piano key effect. This not only has aesthetic concerns, but it is very difficult to avoid uneven settling of this patchwork given the sandy soils of southwest Florida, which over time can separate from the original roadway causing a bumpy ride. The new overlay will bring the road segment up to new standards. The narrative should include a clear, concise and complete description of the project and its beneficiaries. The application should include, at a minimum,the following: 1. Photos of the proposed site to document the condition before and after a named storm or current conditions in need of hardening activities. N. 16th Street no draina a or sidewalks) Area Durin:Moderate Rain Event,June-2013 a a �tiY 20 1681 2. Reports, such as FEMA, Damage Assessment, insurance, police, code enforcement, Public Works or other related agency, etc., to document damage caused by named storms (may be attached to the proposal). If no such reports exist,provide an explanation for their absence. See Exhibit 17 3. Copies of any newspaper articles about storm damage that is relevant to the proposed project. If none, indicate by "N/A". See Exhibit 18 4. Copies, on DVD, of any television news stories about storm damage that is relevant to the proposed project. If none, indicate by "N/A". See Exhibit 19 5. Number of units to be completed during operation of the proposed activity? Provide information such as linear feet of waterlines, homes rehabilitated, etc. Drainage Pipe: 2468 LF Sidewalks: 2127 LF (1206 square yards, 10854 square feet) Asphalt Overlay: 1300 LF (239.4 tons) See below for detailed schedule of values: MOBILIZATION LS 1 $35,000.00 $35,000.00 PROVIDE/MAINTAIN AS-BUILT PLANS LS 1 $1,500.00 $1,500.00 PROVIDE CONSTRUCTION SURVEYING AND LAYOUT LS 1 $2,000.00 $2,000.00 PROVIDE/MAINTAIN PROJECT SCHEDULE LS 1 $750.00 $750.00 MAINTENANCE OF TRAFFIC LS 1 $23,000.00 $23,000.00 COMMERCIAL MATERIAL FOR DRIVEWAY MAINTENANCE CY 200 $24.00 $4,800.00 PRECONSTRUCTION VIDEO OF PROJECT LIMITS LS 1 $1,125.00 $1,125.00 EROSION CONTROL LS 1 $2,000.00 $2,000.00 CLEARING AND GRUBBING (1.80 AC) LS 1 $8,000.00 $8,000.00 REMOVAL OF CONCRETE PAVEMENT SY 161 $9.00 $1,449.00 MAILBOX(FURNISH&INSTALL SINGLE) EA 5 $155.00 $775.00 OPTIONAL BASE GROUP 4(6" LIMEROCK) SY 146 $17.50 $2,555.00 OPTIONAL BASE GROUP 6(8" LIMEROCK) SY 161 $21.00 $3,381.00 SUPERPAVE A.C.(9.5)(TRAFFIC C)(1") TN 202.1 $110.00 $22,231.00 SUPERPAVE A.C. (9.5)(TRAFFIC C)(1 1/2") TN 13.3 $100.00 $1,330.00 SUPERPAVE A.C. (9.5)(TRAFFIC C)(2") TN 19.5 $90.00 $1,755.00 CLASS I CONCRETE(DRIVEWAYS)(6"THICK) SY 275 $30.00 $8,250.00 INLETS(DITCH BOTTOM TYPE C)(<10') EA 38 $2,000.00 $76,000.00 MANHOLES(P-8)(<10') EA 2 $2,375.00 $4,750.00 PIPE CULVERT(CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(15") LF 1,023 $35.00 $35,805.00 PIPE CULVERT(CLASS III CONCRETE)(STORM SEWER)(ROUND SHAPE)(18") LF 1,445 $40.00 $57,800.00 6'CHAINLINK FENCE LF 663 $12.50 $8,287.50 CONCRETE SIDEWALK,6"THICK SY 1,206 $35.00 $42,210.00 21 1681 PERFORMANCE TURF(BAHIA SOD)(INCLUDES WATER, FERTILIZER& MOWING) SY 3,898 $2.60 $10,134.80 SINGLE POST SIGN (F&l)(LESS THAN 12 SF) AS 9 $285.00 $2,565.00 SINGLE POST SIGN (REMOVE) EA 10 $90.00 $900.00 RETRO REFLECTIVE PAVEMENT MARKER EA 56 $4.00 $224.00 TI IERMOPLASTIC(STAN DARD)(WHITE)(SOLID)(6") NM 0.59 $4,500.00 $2,655.00 THERMOPLASTIC(STAN DARD)(WHITE)(SOLID)(12") LF 462 $2.10 $970.20 THERMOPLASTIC(STAN DARD)(WHITE)(SOLID)(24") LF 77 $5.00 $385.00 THERMOPLASTIC(STANDARD)(WHITE)(ARROWS) EA 2 $70.00 $140.00 THERMOPLASTIC(STANDARD)(YELLOW)(SOLID)(6") NM 0.14 $4,500.00 $630.00 UTILITY ADJUSTMENTS LS 1 $10,000.00 $10,000.00 $373,357.50 +10%margin of error +10%contingency TOTAL N 16TH STREET =$451,762.58 6. how many beneficiaries (both total and ' MI) will the proposed activity benefit? a. Total number: 24519 b. LMI number: 17163 Using available 2000 Census data via U.S. Factfinder. 22 1661 PROJECT IMPLEMENTATION PLAN AND READINESS TO IMPLEMENT (Not to exceed one page) Explain how/when/where the project will commence and the funds expended. List the tasks in a logical order that demonstrates a feasible work plan, has identified staff, board members, partners that will be responsible for implementation. Show the available resources needed to implement the proposed project and demonstrate the ability to complete projects or tasks in a timely manner. Demonstrate an understanding of the obstacles that may be encountered in developing and implementing the project and describes, in detail, the approaches that will be employed to overcome such obstacles. A sample timeline is identified below. It can be adjusted and/or amended as required. Be as specific as possible. This timeline will be incorporated into the contract agreement should the project be selected for funding. ALL PROJECT'S WORK SCHEDULE SHOULD NOT EXCEED NINE (9) MONTHS. Sample Project Timeline Project Timeline Date Completed/Anticipated Date* Design/Conceptual Drawings COMPLETE Architectural Plans COMPLETE Zoning approvals (PUD, rezoning, Site COMPLETE Development Plans, etc) Construction Plans COMPLETE Permits COMPLETE Anticipated Start Date for construction May-2014 Construction Milestones See below Construction Complete Oct-2014 Certificate of Occupancy n/a Equipment Purchases for Operating Facility n/a Facility Opening n/a Additional items may be added as applicable BCC grant approvals: 2/26/14 Advertise/Bid project: March-April 2014 DEO grant approvals: April-2014(?) Execute GC contract: May-2014 Issue NTP and order structures: June-2014 Construction Period (weather dependant): June-Oct 2014 Inspections/Close Contract: Nov 2014 23 1681 EXPERIENCE AND CAPACITY (Not to exceed one page) Explain how the organization's roles and responsibilities are clearly defined and document the experience in completing the project listed in the application and that each member understands and accepts their role(s), how the organization has sufficient capacity to administer the proposed project. Include staffing levels, time commitments, contributions to the process, qualifications of key staff and organizational structure. Demonstrate specifics on how the organization has been successful from past performance with grant funding. What checks/balances are in place to avoid potential (real or perceived) conflicts of interest? Explain in detail the ability of the organization to provide programmatic oversight for this grant funded project to ensure full grant program and fiscal compliance. Bradley Muckel CRA Director (Interim) Christie Betancourt James Sainvilus CRA Administrative CRA Project Manager Assistant I CDM Smith Agnoli, Barber& Brundage Construction Inspection Engineering Consultant Engineering Sub Consultant Firm (CEI) The Immokalee CRA recently completed a$3.5 million DRI infrastructure project on time and below budget. Each of the staff members identified above played a vital role in administering that project. In fact,the same engineering team that designed the former project(CDM and ABB) has designed the North 16th Street project and is on board to assist with Construction Administration. Bradley Muckel has over ten years of experience in infrastructure development in SW Florida. Prior to joining the CRA in 2008 he held the position of Land Development Project Manager with Centex Homes. That position required Mr. Muckel to develop over$50 million of civil infrastructure to support the residential developer's rapid expansion in the mid-2000's. This included drainage systems, water, sanitary sewer, landscaping, roads, mass-clearing, irrigation, etc. Mr. Muckel will be responsible for all contract administration aspects of this project to include: monthly reports,procurement process, executive summaries, scope creation, change order management,value engineering, shop drawing reviews and vendor coordination. Mr. Muckel, along with the CEI firm, will also be responsible for field coordination efforts on this project as the acting owner's representative including Davis Bacon interviews. James Sainvilus has been with the CRA for approximately two years. Prior to joining the CRA he held the position of Project Manager with the Collier County Public Utilities Department. Mr. Sainvilus is an expert in the Collier County contract administration procedures as well as field construction superintendant responsibilities. He has an expert level knowledge of fiscal administration within the Collier County SAP environment. His experience in public risk management will decrease the CRA's risk exposure during the developments phase of this project. Mr.Sainvilus will be responsible for vendor coordination efforts. 24 Christie Betancourt has been employed by Collier County for over ten years. She has dili b-1 xL�'[ite all Y� fiscal administration responsibilities for the CRA for over six years. She has an expert experience level in the SAP domain creating purchase orders, creating work orders, drafting/issuing NTP's, reviewing/approving pay applications, change order management and vendor coordination. Ms. Betancourt will be responsible for all invoice processing on the project, general office management, and interfacing with I-lousing, Human & Veteran Services staff regarding monthly reports and reimbursement requests. CDM Smith is one of the largest and most experienced hydrology and environmental engineering firms in the United States (http://enr.construction.com/toplists/"fop-Environmental-Firms/001-100.asp). They are the engineer-of-record for the project. This firm's participation in the North 16°i Street project is invaluable. Agnoli, Barber & Brundage (ABB) is a sub-consultant on the project. This firm designed the project under the direction of CDM Smith. ABB has an expert experience level in designing drainage and sidewalk projects. This firm will be responsible for providing local contractor assistance and shop drawing reviews/sign-off of the precast concrete pipe and drainage structures. The CRA will also be hiring a professional Construction Engineering Inspection (CEI) firm who will be responsible for numerous project controls. This firm will be responsible for keeping a daily activity log, photographic journal, and provide on-site direction to the construction crews. The CEI firm will also run weekly progress meetings at the CRA's office and keep the CRA team abreast of any potential issues on the project. The County Attorney's Office, Risk Management, Purchasing Department, Budget Office (OMB) and Grants Management Department are all available for the CRA to address issues related to conflicts of interest, programmatic oversight and fiscal compliance. In summary, the Immokalee CRA Team which consists of staff, design consultants, CEI consultants, and internal departments will all work together following the County CMA's to effectively manage the decision making process and ensure that this project is completed on time and within budget. FINANCIAL MANAGEMENT AND BUDGET Agency maintains the following records: Cash Receipts Journal Yes Not I Cash Disbursements Journal Yes No[ General Ledger Yes[Z] Not Charts of Accounts Yes[Z] Non Payroll Journal and Individual Payroll Records YesN Non Individual Personnel Files Yes Not Written Procurement Procedures Yes Noj Capital Inventory YesN Non Written Travel Policy Yes[Z] Not Property Control Policy and Records Yes[E] Not Will submit complete audits every year during contract Yes[Z] Non Agrees to retaining all project records for the applicable time period as outlined in applicable regulations Yes[Z] Not I 25 1661 FINANCIAL MANAGEMENT AND BUDGET (Not to exceed one page) Outline a realistic plan for sustainability after government support ends. Describe the organization's established accounting system and financial ability to fund the project until reimbursement. Provide an outline for a realistic plan for sustainability after government support ends. Since the scope of this project is limited to a sub-surface drainage conveyance system, sidewalks and asphalt overlay, the sustainability obligation once constructed will be minimal. The entire drainage system, sidewalks and overlay will become part of the Collier County Road Maintenance inventory upon completion. The road maintenance obligation to the County associated with North le Street will be minimized by the overlay activity. The long term maintenance costs associated with the new sidewalks and drainage systems are expected to be minimal. The engineering component of this project is being paid for using funds from the South Florida Water Management District and previous Disaster Recovery grant. As previously stated, the design documents and permitting components of the project are 100% complete at this time. The CEI fees associated with the project will also be paid using a separate grant funding source. Procurement for this service is following the same timeline as the construction solicitation. We expect to secure approval of this contract by the BCC in May-2014. If approved by the BCC and CRA Board, all construction funding requested in this application will be populated into the Immokalee CRA Grant Fund and all construction invoices paid from that fund accordingly. Grant reimbursements to that fund will occur once approved by the Collier County Clerk's Finance Department. 26 16S1 INSTRUCTIONS FOR BUDGET PAGES The Budget summary/Itemization Sheet/Budget Narrative: Y Identify the line item totals, expenses for the proposed project and justify the expenses incurred in fulfilling the proposed project) BUDGET SUMMARY SHEET For Project Name, list the project's title and include the organization's name. Each line item category along the left of the form, list the funding totals for: Requested DRI/DREF funds y- Funds provided by other sources and identify sources `)0- Ensure the accuracy of mathematical entries and totals by columns and rows The following pages provide instructions and samples descriptions on how to complete the applicable budget summary and itemization sheets for the various projects eligible for funding. Ensure that all mathematical projections are accurate, that all totals add correctly. 27 1681 „, Co O ,..• 'U N c,„ N ›_. E e a c cn V 7 _O E C • O' •• 'n o 0 a) N CI 4- V ... ✓ 4' E ' a o w a) t c 7 w 00 a) E a) C co 'a 0 ri co N el a) +--.,_. = 3 w cC o c,.., Q N N GL 4-, 7} .a y k" - as oo a 0 w ' a Ca vZ ° Q 4- co � � � a3 Ea,) O � �a W L. w0.-o �0Lcoa 1.„ "0 cnc ? b oQ W Z _ a) o •ow a co c c ;3 ti) U, Q 3 5 > ° C/� a) y V a) E ai c v1 -0 c) tcCS., ca P. ^ a ^C ° a) O •.D •,, w. N c�O U c 't7 ct d' N a+ 0 t A' cyj aD y7 . vi kr) n aO o0 oo -a � aoa, -v > 0 .00 > . 0 „ > c.� � S .- U, Q U,0 U3 C C)a u on� . . , V .0 0 ) 0 A 0 o Z .� EcVc 0 OH E-° = Q- = o ,.., 0 4°_ o 0 0 C.) A E- O c N VI z x <t E-i - b z a H ° Mi 4= ° c`" _ O cn .. III a•Y C.) an ' 0 a) O o 0 'V E co° a, on Wa) p,C 0 C.7 o va E A o v, v) 0 W c O W - y v n C .a ca 3 0 = ,a c v .: ° — at -o — a `� E 0 CG L° y � ..0 °i a) u 0 aa) 00 CI o c4 ow . o R. E2 oCA a) cv ) 0ti w° c x • 7a o Y a) V " - � U [ a t c b ° E- -o ' �_ c a `° ° V . . o on s o a) s� a a) .0 >, �_ - - N tJ O 011 O i0 Q'� O ti) -al o 3 • a 3- °' 4.. v ° E ❑ C a) , ^s Z p N E a) E u c°) 0 •b a) a .RRr c y .D E a) 4, .fl 4_ E .0 a) 4.. o h Q.) N Q D - +- aJ O N ,, O "O - o . Z E v N u7 0 R. >, 3 .b _ 0. aEi N .. o Z >, A m w .- i- o ° 3 ate) 3 a; o a3) U >, Q) f-r 'L7 ate+ a) .~., T OU N a C >, C �° y ics t, a) •^� N N U v U C •� .0 - 0 '1 > 00 CIJ CU Q. < v ca = o 'G C �O 1 O C O O = o a) E ° -- u .° ual . O. co c) z cG -o 1681 ENVIRONMENTAL ISSUES Check the appropriate item to the best of your knowled.xe as it pertains to the proposed activity. a. Project/property is located on a historical or archeological site. Yesn No b. Project/property is in the 100—year flood plain. Yesn No® c. Project/property is in a wetlands area. Yes' No d. Project/property is in a coastal barrier area. Yesn No e. Project/property is within a half-mile of an airfield. Yesn No f. Project/property is near storage or manufacturing facility of industrial products. Yesn No® g. Project/property is on or near soil contaminated by diesel/fuel or gasoline. Yesn No h. Is the proposed activity expected to impact the environment in any negative manner or pose a hazard or nuisance? Yesn No i. Are any endangered or threatened or listed species located on the proposed project site? Yesn No® j. Are there any environmental concerns or impediments associated with the proposed activity? If yes, please provide detail. Yesn No k. Is the proposed activity expected to adversely affect the environment? YesI I No 1. Project/property is on a properly zoned site. If not properly zoned, please explain. Yes[Z] Nol Note: If any of the above items is marked yes, please provide an explanation of how the proposed project is affected and the expected impact on the surrounding environment. Environmental Reviews are required for each project. Once the review is completed it will be reviewed and approved by HHVS, signed by the certifying official and submitted to the DEO for final approval. Be sure to include time and cost of the Environmental Review into the budget and project timeline. 29 1681 Appendix 1 Income Limits 40 1681 NAPLES FL. FY 2013 MEDIAN FAMILY HUD INCOME GUIDELINES EFFECTIVE December 11, 2012 FY 2013 FY 2013 Income Median Income 1 2 3 4 5 6 7 8 Limit Income Limit Person Person Person I Person Person Person Person Person Area Category r ------------- ---------- ,I --------------- Extremely Low (30%) Income $14,550 $16,600 $18,700 $20,750 $22,450 $24.100 $25,750 $27.400 Limits Naples- Very Low Marco (50%) Island, $65,700 Income $24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,700 FL Limits MSA Low (80%) Income $38,750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73.100 Limits 41 1681 Appendix 2 Low Moderate Income Areas (LMA) In Collier County 42 16131 EXHIBITS Exhibit 1. 501(c)(3) Certificate from IRS Exhibit 2. Articles of Incorporation Exhibit 3. By-Laws Exhibit 4. Organizational Chart Exhibit 5. List of Current Board of Directors Exhibit 6. Resumes,Pay Scales with Job Descriptions Exhibit 7. State of Florida Certificate of Good Standing Exhibit 8. Board Resolution Authorizing Submittal of Grant Application Exhibit 9. Preceding 3 year audits including management letter and findings- Financials Exhibit 10. Acknowledgement letter Exhibit 11. Affidavit of Compliance with Federal, State, Local Regulations Exhibit 12. Certification of DRI/DREF Funded Construction/Rehabilitation Projects Exhibit 13. Acknowledgement of Religious Organization Requirements Exhibit 14. Certification Regarding Debarment, Suspension, Ineligibility Voluntary Exclusion Exhibit 15. Procurement Policy Exhibit 16. Organization's Most Current Balance Sheets Exhibit 17. Damage Claim,FDEP Report Exhibit 18. News Article Exhibit 19. DVD Television News Footage 1681 Exhibit 1 501(c)(3)IRS Tax Exemption Letter N/A 1 Exhibit 2 Articles of Incorporation 1 6 B Resolution No.2000-83 RESOLUTION NO, 2000-83 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA RELATING TO COMMUNITY REDEVELOPMENT;DECLARING THE BOARD OF COUNTY COMMISSIONERS TO BE THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING THE CREATION OF ADVISORY BOARDS FOR THE COMMUNITY REDEVELOPMENT AREA;PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTNE DATE. WHEREAS,the Board of County Commissioners has adopted a resolution finding the existence of one or more blighted areas In the unincorporated area of the County and further finding that the rehabilitation,conservation or redevelopment or combination thereof,In such areas Is necessary In the Interest of the public health,safety,morals or welfare of the residents of Cotter County,Ftodde;and WHEREAS, to carry out and Implement the redevelopment powers and actions contemplated by Part III,Chapter 163,Fbdda Statutes,within such areas,It Is necessary that a community redevelopment agency be created;and WHEREAS,the Board of County CammIssloners desires to serve ea the community redevelopment agency and have advisory boards consisting of citizens and property owners M the areas providing advice to the Board concerning the redevelopment of the areas; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AS FOLLOWS: Section 1. Findings. The foregoing recitals are hereby adopted and incorporated herein to the same extent as if they were sot forth In this aeCtlon. Section 2. Declaration of Board or County Commissioners as Community Redevelopment Agency. As provided In Section 183.357(1), Florida Statutes(1999).the Board of County Commissioners of Cotter County,Florida.does hereby declare Itself to be the Collier County Community Redevelopment Agency as an additional duty of office,and does further declare that a1 the rights,powers,duties,privileges,and Immunities vested by Part III, Chapter 183,Florida Statutes(1999)In such a community redevelopment agency are hereby vested In the Board of County Commissioners,subject to as responsbiides and tiaatttles imposed or incurred. Section 2. Seemed.Legal Entity. The members of the Board of County Commissioners are the members of the Community Redevelopment Agency,but the members consttute the head of a legal entity,separate,distinct,and Independent from the Board of County Commissioners. Section 3. Qreagon of Advlsory Soardg.There are to be created,under separate resolutions by the Community Redevelopment Agency,advisory boards for each component Ili 1681 12 C area of the community redevelopment area in the unincorporated urea of Collier County,which shall be composed of citizens,residents,property owners and business owners or persons engaged In business In the area, as provided In the resolution of the Community Redevelopment Agency providing for the appointment of such members. The duties and responsibilities of such advisory boards shall be set forth in the resolution of the Community Redevelopment Agency. Section 4. Conflict*. All resolutions end parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed. Section 5. Severebility. If any section or portion of a section of this resolution proves to be invalid,unlawful,or unconstitutional,It shell not be held to Invalidate or Impair the validity,force,or effect of any other section or part of this resolution. Section B. effective Dei .This resolution shall become effective immediately upon Its passage and adoption, Sectio n 7. This Resolution adopted after motion,second and melority vote this !444 M day of T,2000. ATTEST: ' - BOARD OF C•. - •'' SIGNERS • OWIGHT .BROCK,CLERK COLLIER •UNTY,FLORIDA • • •. �I�[Irlt 2)C . BY: � / • e••+ tC� /// ' TIMOT �')'CONSTA'j'NE,C°•IRMAN • Attett.ai.to Chairman's • sigaatyre'only. APPROVED AS TO FORM AND LEGAL SUFFICIENCY l David C.Weigel County Attorney 2 161 Exhibit 3 CRA Bylaws 1 1 81 • CRA RESOLUTION NO.2001• 98 tir i 8 y .4 A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT; PROVIDING FOR MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THE AGENCY;CREATING THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD;CREATING THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD; PROVIDING FOR MEMBERSHIP, TERMS, PURPOSE, DUTIES, ORGANIZATION AND RULES OF PROCEDURE FOR THOSE ADVISORY BOARDS; PROVIDING FOR SEVERABILITY;PROVIDING AN EH'ECTIVE DATE. WHEREAS.the Board of County Commissioners has adopted a resolution finding the existence of one or more blighted areas in the unincorporated area of the County and further finding that the rehabilitation, conservation or redevelopment or combination thereof, in such areas is necessary in the interest of the public health,safety,morals or welfare of the residents of Collier County,Florida;and WHEREAS, the Board of County Commissioners has further adopted a resolution declaring itself as the Collier County Community Redevelopment Agency to carry out and implement the redevelopment powers and actions contemplated by Part III.Chapter 163,Florida Statutes,within such areas;and WHEREAS,the Board of County Commissioners contemplated the creation of advisory boards for each component area of the community redevelopment area in the unincorporated area of Collier County, composed of citizens, residents, property owners and business owners or persons engaged in business in the area;and WHEREAS, the Board of County Commissioners further contemplated the need to establish membership, duties and responsibilities for the Agency and for each such advisory board; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1. Agency Bylaws: That there is hereby adopted bylaws for the Agency setting forth membership,terms,purposes,duties,organization and rules of procedures for the Agency,a copy of which is attached. SECTION 2. Advisory Boors! That there is hereby created the "BayshoreiGateway Triangle Local Redevelopment Advisory Board" and the "Immokalee Local Redevelopment Advisory Board"and bylaws for those Boards are adopted.a copy of which is attached. 16 B 1 ' +T1 SECTION 3. Severability: If any section or portion of a section of this Resolution proves to be invalid, unlawful,or unconstitutional,it shall not be held to invalidate or impair the validity, force,or effect of any other section or part of this Resolution. SECTION 4: Effective Date: 'This Resolution shall become effective immediately upon its passage and adoption. SECTION 5: This Resolution adopted after motion, second and majority vote this oPTX.1 day of 2001. ATTEST:`. COMMUNITY REDEVELOPMENT AGENCY .DWIGI:1'E.1BROCK;•SECRE'T'ARY OF COWER COUNTY,FLORIDA BY .e.✓ BY: •• y • 4'M .• PAMELA S.MAC'KIE,C !'MAN Attest as to'G14airaan's signature only. Approved As to Form and Legal Sufficiency •L(C( d A1 Heidi Ashton, Assistant County Attorney and CRA Legal Counsel 1681 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY,FLORIDA ARTICLE I. NAME AND PURPOSE SECTION 1. Name; This Community Redevelopment Agency shall be known as the"Collier County Community Redevelopment Agency" (the "CRA"), established pursuant to Resolution 2000-83 adopted on March 14, 2000 by the Board of County Commissioners ("BCC") of Collier County, Florida (the "County")pursuant to Part III,Chapter 163,Florida Statutes(the"Act"). SECTION 2. Redevelopment Area: The area of operation of the CRA consists of certain geographical areas listed below and for which a redevelopment plan was adopted by CRA Resolution 2000-01 by the CRA and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area. Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA and BCC,all in accordance with the Act. SECTION 3. Purpose: The purpose of the CRA is to undertake and implement improvements as provided for in the Act and the adopted Redevelopment Plan;to promote and create favorable conditions for the development,redevelopment and revitalization of the area of operation of the CRA; and to receive input from its Advisory Boards, authorized by the Resolution No. 2000-83, who adhere to separate bylaws adopted specifically for their purposes,and serve to represent the component areas of operation of the CRA. ARTICLE II. COMMUNITY REDEVELOPMENT AGENCY SECTION 1. Function: The CRA is established to carry out those purposes that are outlined in Article I,Section 3. SECTION 2. Authority: The CRA, subject to the provisions of the Act and all other applicable provisions of law, shall have all powers customarily vested in a community redevelopment agency as provided in the Act. SECTION 3. Members and Terms: In accordance with Section 163.357(1), Florida Statutes, the Collier County Board of County Commissioners has declared itself to be the Collier County Community Redevelopment Agency as an additional duty of office. Reference to the members of the CRA as a whole shall be "CRA Board" or "CRA". An individual member of the CRA shall be referred to as a "Commissioner." CRA Board terms shall be simultaneous with terms of members of the Board of County Commissioners. SECTION 4. Vacancies_ Appointments to fill vacancies on the CRA shall be filled by the person filling the vacancy on the Board of County Commissioners. SEC:I'ION 5. Employees: The CRA may, as it from time to time determines, employ or retain by contract staff, personnel, technical experts, legal counsel, and other such agents and employees, permanent or temporary,as it requires,and determine their qualifications,duties and compensation. The 1 1681H 1IB111 . CRA may approve and authorize contracts with the County and other persons, firms and individuals to provide services for and on behalf of the CRA. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the CRA shall consist of a Chairman,Vice Chairman,and a Secretary,and such officers as the CRA may from time to time create. The Secretary shall be the Clerk of Courts to the Board of County Commissioners,but shall have no vote. SECTION 2. Qualifications: Officers shall be members of the CRA,except that the Secretary may, in the discretion of the CRA,be someone not a member of the CRA. SECTION 3. Role of Chairman: The Chairman shall preside at all meetings of the CRA, sign agreements,contracts,and instruments on behalf of the CRA,call special meetings as necessary and shall perform such other duties as are customary for the Chairman. SECTION 4. Role of Vice Chairman:The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 5. Role of Secretary: The duties of the Secretary will be defined in a written agreement with the Clerk of Courts. Some of the duties may include: (a) keeping the minutes of the proceedings of the meetings of the CRA, (b) providing all notices in accordance with the provisions of these bylaws or as required by law,(c) posting or causing to be posted all meeting notices as required by County procedures and notify members, (d) maintaining custody of the CRA records, (e) attesting contracts and other CRA documents,and(f)in general performing all duties from time to time as may be prescribed by the Chairman of the CRA. SECTION 6. Officer Absences: In the absence of the Chairman and Vice Chairman,the quorum present shall select a Chairman for the meeting. SECTION 7. Election of Officers: Except for the Secretary,officers shall be elected at the Annual Meeting of the Agency. Election requires nomination from the floor and an affirmative vote by a majority of the CRA members present and voting on an annual basis, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 8. Terms of Office: Each officer duly elected by the CRA shall serve a term of one year until the next annual appointment or election. All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on the CRA. SECTION 9. Officer Vacancies: If a vacancy exists in any office, the CRA shall elect a new officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the CRA,to fill the incomplete term of the vacated office. SECTION 10. Removal or Resignation: 'The CRA may remove an officer at any time with or without cause by the affirmative vote of a majority of the CRA members present and voting at a duly constituted meeting of the CRA. An officer may resign at any time by delivering notice thereof to the CRA. A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later effective date and the CRA accepts the future effective date. The pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. 2 16EL 1191 ' ARTICLE IV. COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS SECTION 1. Function: In accordance with Resolution 2000-83, advisory boards are to be created for each component area of the community redevelopment area in the unincorporated area of Collier County, which shall be composed of citizens, property owners and business owners or persons engaged in business in the area. Separate bylaws for these advisory boards will be adopted by the CRA. These advisory boards will serve as the primary source of community input to the CRA staff and to the CRA itself. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan, amendments to the Redevelopment Plan, the redevelopment area work program and priorities and their implementation. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. ARTICLE V. MEETINGS SECTION 1. Meetings: The Board shall schedule meetings as needed to carry out its duties in accordance with these Bylaws and shall follow the procedures outlined in Sections 2-36 — 2-41 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. a)Annual: An Annual meeting of this Agency shall be held in the month of January of each year,and on the date and at the time and place to be determined by the Board,if other than at a regular meeting. b). Regular: Regular meetings of the CRA shall be held as necessary on either the second or the fourth Tuesday of each month to coincide with the regular meetings of the BCC or on such day as may be determined by the CRA. The CRA meetings will be held at a "time certain" identified on the BCC Agenda. SECTION 2: Meeting Procedures: The procedures for the meetings of the CRA will follow the procedures outlined for the BCC in Sections 2-36 —2-41 of the Code of Laws and Ordinances of Collier County unless otherwise specified below. Meeting notice will be published in accordance with applicable laws. ARTICLE VI. ORDER OF BUSINESS SECTION 1. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications a. Advisory Board communications h. Other communications (e) Consent (f) Old Business (g) New Business (h) Citizen Comments (i) Adjournment 3 1661 1 t ARTICLE VII. CONTRACTS SECTION 1. Execution of Instruments: Legal instruments of the CRA shall be executed by the Chairman and attested to by the Secretary with the Clerk of Court's seal affixed thereto. In the absence of the Chairman,such instruments may be executed by the Vice Chairman. SECTION 2. Real Property Acquisition and Disposition: The acquisition,conveyance and leasing of real property by the CRA shall be done in accordance with the Act. SECTION 3. Purchasing Procedures: Purchasing procedures will be in accordance with the Act. If the Act is silent then the procedures will be consistent with those authorized by the BCC for Collier County or such other procedures that the CRA Board may adopt. ARTICLE VIII. FISCAL MATTERS SECTION 1. Fiscal Year The fiscal year of the CRA shall be the twelve year calendar month period commencing on October 1 and ending on September 30 of the following year. SECTION 2. Financial Reporting: The Secretary shall maintain financial records of all financial transactions made on behalf of the component areas of the redevelopment area. Staff assigned as liaison to the CRA shall provide a report of the income and expenditures of each component area to the CRA at the annual meeting and as otherwise requested by the CRA. ARTICLE IX. AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. . PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this.746 day of AaAatf 2001. A'ITES'I': COMMUNITY REDEVELOPMENT AGENCY DWIGHT E.BROCK,SECRETARY OF COLLIER COUNTY,FLORIDA • ' V , ,� • BY': .. o' ,XPQ BY: / /� PAMELA S. MAC'KIE,CHAIRMAN Attest as to Chairman's signature only. Approved As to Form and Legal Sufficiency LL, ( ( Heidi Ashton Assistant County Attorney and CRA Legal Counsel 4 1681 1161 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY,FLORIDA ARTICLE I. NAME AM)PURPOSE SECTION 1. Name: The local advisory board, one per each component redevelopment area, shall be known as "the name of the component redevelopment area in which the local planning board sits" Local Redevelopment Advisory Board. SECTION 2. Redevelopment Area: The area of operation of an advisory board consists of that certain geographical area identified in CRA Resolution 2000-01 by the Community Redevelopment Agency (CRA) and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area. Additional redevelopment component areas may be designated by separate resolutions of the Community Redevelopment Agency of Collier County ("CRA") and the Collier County Board of County Commissioners ("BCC") after all appropriate findings have been made and a redevelopment component plan for those areas is adopted by the CRA and BCC,all in accordance with Part III,Chapter 163,Florida Statutes(the"Act"). SECTION 3. Purpose: Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency(the"CRA")and to the CRA staff. Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan,amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board. The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically,the purpose and duties of each advisory board shall be as follows: (a) review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b) make recommendations to the CRA on plan implementation, including developing an annual work program, setting project priorities,and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the component redevelopment area; (c) receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA;and (d) review and comment on any redevelopment projects proposed in the advisory hoard's component redevelopment area. 1 1681 1161 - ARTICLE II. ADVISORY BOARD SECTION 1. Function_ Each advisory board is established to carry out those purposes that are outlined in Article I,Section 3 hereof. SECTION 2. Authority;Standing Rules: The advisory board shall be subject to the direct supervision of the CRA Board. The CRA staff shall assist each advisory board and shall serve as the liaison to the CRA Board. Each advisory board may prepare and adopt standing rules specific to that advisory board's component redevelopment area. Preparation, adoption and amendment of any such standing rules shall be at the discretion of the advisory board and must be consistent with these Bylaws, CRA Resolution 2000-01 and BCC Resolution 2000-181 which adopted the Redevelopment Plan, BCC Resolution 2000-83 which declared the BCC to be the CRA and authorized the creation of the advisory boards, the adopted Redevelopment Plan and the Act. Proposed standing rules or amendments to such rules shall be submitted by the advisory board to the CRA for a determination of consistency with all of the above. Any proposed rules or amendments to the rules will be effective upon that determination. SECTION 3. Number of Members: The Board shall have an appropriate number of members to insure adequate representation of all aspects of the community in the component redevelopment area. This number may vary from component redevelopment area to component area. This number may be increased or decreased from time to time as recommended by the advisory board and appointed by the CRA board member for the applicable component redevelopment area. In no circumstances will the number of advisory board members be less than five. SECTION 4. Appointment and Qualifications: The CRA board member from the component redevelopment area shall appoint the advisory board members subject to Article II, Section 5 for the Bayshore/Gateway component redevelopment area and Article II, Section 6 for the lmmokalee component redevelopment area. All appointments are subject to approval by the CRA board. Consideration should be given to appointing members that have experience in the following professions: finance,banking,architecture,engineering,education,law enforcement, social work,real estate sales and development;planning or design and building construction. Each member of an advisory board shall engage in business in the component redevelopment area for that advisory board. For purposes of these bylaws, an individual who "engages in business" means an individual who owns real property or a business, practices a profession or performs a service for compensation or serves as an officer or director of a corporation or other business entity so engaged. Any group, committee or board existing at the time of adoption of these Bylaws may present its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above-recommended professions. SECTION 5. The Bayshore/Gateway_Triangle Local Redevelopment Advisory Board Consideration should be given to appointing members of the advisory board for the Bayshore/Gateway component redevelopment area as follows: (a) One(1)Bayshore resident; (b) One(1)Gateway Triangle resident; (c) One(1)Bayshore business owner; (d) One(1)Tamiami Trail(US41)business owner; (e) One(I)Davis Boulevard(SR84)business owner; (f) One(1)Bayshore Municipal Service Taxing Unit(MSTU)representative; 2 1681 1161 (g) One (1) at large representative who resides or engages in business, or both, in the Bayshore/Gateway Triangle Component Redevelopment Area; SECTION 6: Immokalee Local Redevelopment Advisory._Board: In order to assure a comprehensive approach in the Immokalee community, the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Collier County Ordinance 95-22, as amended, shall be the Immokalee Local Redevelopment Advisory Board. The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws, except as otherwise provided by Collier County Ordinance 95-22, as amended. SECTION 7. Application Procedures: Applicants must be residents and electors of Collier County. Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA. Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution 94-136. SECTION 8. Terms: Except for the Immokalee Local Redevelopment Advisory Board,advisory board members shall serve for two (2)year terms,with no more than two reappointments permitted. However, for purposes of staggering reappointments,three(3)of the initial members will have one(1)year terms as follows: Bayshore/Gateway Local Redevelopment Advisory Board- the Bayshore resident, the Gateway Triangle resident and the at large representative will each serve only a one(1)year term for the first year of the advisory board, with two (2) year terms from then on. The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance 95-22,as amended. SECTION 9. Vacancies: Vacancies occurring on any advisory board shall be publicized,but need not be advertised, in a publication of general circulation within the county; and vacancy notices are to be posted in the county libraries, the courthouse and on the internee. Appointments to fill vacancies on the advisory board shall be filled by the CRA Board member of the component redevelopment area. The term of an advisory board member appointed to fill a vacancy expires at the time the term of the original member would have expired. SECTION 10. Attendance,Removal and Resignation: It is the intent and strong desire of the CRA that there be full attendance of advisory board members at all meetings of the advisory board, recognizing, however, that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances. The following requirements are established: 1. Any advisory board member who is absent for more than two-thirds of the advisory board's meetings in a given fiscal year shalt be deemed to have tendered his or her resignation from the advisory board.The CRA shall,as soon as practicable after such resignation, declare the position vacant and shall promptly fill the position. The affected advisory board member shall not serve at any meeting after his or her position is declared vacant by the CRA. 2. In the event that any advisory board member is absent from two consecutive advisory board meetings without a satisfactory excuse acceptable to the advisory board, the advisory board chairman shall state such fact at the next regularly scheduled advisory board meeting and shall thereafter notify, in writing, the CRA of the advisory board member's failure to attend without a satisfactory excuse. The CRA shall review the notification at a CRA meeting and shall declare the advisory board member's position to be vacant if the CRA concurs that the advisory board member was absent from two 3 1681 1161 consecutive advisory board meetings without a satisfactory excuse and shall promptly fill that position pursuant to the provisions of Article II,Section 9. 3. For purposes of this Section 10, attendance means presence at the meeting no later than fifteen minutes after the meeting is called to order as verified by the Secretary on the attendance record. 4. A member may resign at any time by delivering notice thereof to the advisory board and the CRA Chairman. A resignation is effective when the notice is delivered to the CRA Chairman unless the notice specifies a later effective date and the CRA board accepts the future effective date. The pending vacancy may be filled before the effective date provided that the successor does not participate at a meeting until the effective date. SECTION 11. Financial Disclosures: Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE III. OFFICERS SECTION 1. Officers: The officers of the each advisory board shall be a Chairman, Vice Chairman, and a Secretary. The Secretary shall be the individual assigned from County staff, but shall have no vote. SECTION 2. Role of Chairman: The Chairman shall preside at all meetings and hearings of the advisory board and shall have the duties normally conferred by parliamentary usage on such office. The Chairman shall call special meetings, serve as the advisory board liaison to the CRA, and shall perform such other duties as are customary for the Chairman. SECTION 3. Role of Vice Chairman:The Vice Chairman shall act for the Chairman in the Chairman's absence. The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 4. Role of Secretary: It is the duty of the secretary to (a) keep the minutes of the proceedings of the meetings of the advisory board, (b) provide all notices in accordance with the provisions of these bylaws or as required by law, (c) post or cause to be posted all meeting notices as required and notify members, (d) maintain custody of the advisory board records, and (e) in general perform all duties from time to time as may be prescribed by the Chairman or the advisory board. SECTION 5. Officer Absences: In the absence of the Chairman and Vice Chairman, the quorum present shall select a Chairman for the meeting. SECTION 6. Election of Officers: Except for the Secretary, officers shall be elected annually at the first regular meeting of the year. Election requires nomination from the floor and an affirmative vote by a majority of the advisory board members present and voting, provided a quorum is present at such meeting. Officers shall be seated immediately upon their election. SECTION 7. Terms of Office: Each officer duly elected by the advisory board shall serve a term of one year until the next annual election (or as otherwise determined by the standing rules of the advisory board). All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death. No person may simultaneously hold more than one office on an advisory board to the CRA. 4 1681 1181 SECTION 8. Officer Vacancies_ if a vacancy exists in any office,the advisory board shall elect a new officer by the affirmative vote of a majority of the advisory board members present and voting at a meeting of the advisory board,to fill the incomplete term of the vacated office. SECTION 9. Removal or Resignation: The advisory hoard may remove an officer at any time with or without cause by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. An officer may resign at any time by delivering notice thereof to the advisory board. A resignation is effective when the notice is delivered to the advisory board unless the notice specifies a later effective date and the advisory board accepts the future effective date,the pending vacancy may he filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV. SUBCOMMITTEES SECTION 1. Creation_ The advisory board may create, from time to time, such subcommittees as shall be necessary or desirable to carry out the functions, purposes, and objectives of the advisory board. Any such subcommittees shall be subordinate to the advisory board, shall be assigned a specific purpose and objective, and shall be given a date certain to complete its tasks, at which time the subcommittee shall be dissolved,unless said date is extended by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. SECTION 2. Members: The members of such subcommittee shall be elected by the advisory board for such term and shall have qualifications as the advisory board may desire. SECTION 3. Removal: The advisory board may remove any subcommittee member with or without cause by the affirmative vote of a majority of advisory board members present and voting at any meeting of the advisory board. SECTION 4. Rules and Procedures: The subcommittees shall be subject to the same parliamentary procedures as the advisory board and Florida's Government in the Sunshine Law. ARTICLE V. MEETINGS SECTION 1. Meetings: Regular meetings of the advisory board shall be held on such day, time and place as may be determined by the advisory board, and at a minimum once a month. The purpose of the meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought before the advisory board. SECTION 2. Quorum and Voting: At all regular or special meetings of an advisory board, a majority of the membership of the advisory board shall constitute a quorum. Voting shall be by voice unless a member of the advisory board requests a roll call. The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called. The Chairman shall always vote last. A record of the roll call shall be kept as part of the minutes. SECTION 3. Special Meetings: Special meetings may be called by the Chairman at anytime provided adequate notice is given pursuant to Article 5, Section 4 hereof. The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a CRA staff member. The notice of such a meeting shall specify the purpose of such a meeting and no 5 16B1 11 B1 1 other business may be considered except by unanimous consent of the advisory board. All members of the advisory board shall be notified in advance of such special meetings by the Secretary. SECTION 4. Notice and Publication: The Secretary shall give notice and keep record of such notice of its meetings and the meetings of the subcommittees including the date, time, and location of each regular and special meeting. Notice shall be posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. SECTION 5. Open Meetings: All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. SECTION 6. Minutes: The minutes of all meetings shall be promptly recorded,and such records shall be open to public inspection,in accordance with applicable law. SECTION 7. Location: Meetings of an advisory board,or any of its subcommittees,shall be held in a location accessible to the public. SECTION 8. Meeting Agenda: The agenda for each meeting of an advisory board, or any of its subcommittees, shall he outlined by the Chairman and submitted to the Secretary for preparation. Any advisory board member in the case of an advisory board, or a subcommittee member in the case of a subcommittee, may place an item on the agenda by submitting it to the Chairman for forwarding to the Secretary prior to the deadline for publishing the notice of such meeting. SECTION 9. Order of Business: The order of business at regular meetings shall be: (a) Roll Call (b) Adoption of the Agenda (c) Adoption of Minutes from Previous Meeting (d) Communications (e) Old Business (f) New Business (g) Citizen Comments (h) Adjournment SECTION 10. To provide for the orderly and efficient conduct of its meetings,each advisory board shall follow Roberts Rules of Order. ARTICLE VI. CONFLICT The provisions of these bylaws shall apply to the Itnmokalee Local Redevelopment Advisory Board except as otherwise provided by Collier County Ordinance No. 95-22, as amended. It is the intent of the CRA that Collier County Ordinance No. 86-41,as amended,shall not apply to the advisory boards. ARTICLE VII AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. 6 1681 1181 •i PASSED AND CERTIFED AS TO PASSAGE by the Collier County Community Redevelopment Agency this .?��beday offa1001. ATTEST:. . -_ COMMUNITY REDEVELOPMENT AGENCY :DWIGHT l:,,BRQCK,SECRETARY OF COLLIER COUNTY,FLORIDA Q BY: PAMELA S.MAC'KIE,CHAIRMAN Attest a: .to Chairman's s1Qnature only. Approved As to Form and Legal Sufficiency 1' Heidi Ashton Assistant County Attorney and CRA Legal Counsel 7 1681 Exhibit 4 Organizational Chart Immokalee Community Redevelopment Agency Organizational Chart Collier County CRA/BCC —" MSTU Project Manager Immokalee CRA Inteiiin Director 1 l - Administrative Assistant Immokalee Business Development Center Manager Ii 1681 Exhibit 5 List of Board of Directors Although the Collier County Board of County Commissioners sits as the Collier County Community Redevelopment Agency Board of Directors, the CRA Board is a separate and distinct legal entity. Tim Nance District 5 2014 Vice-Chairman Donna Fiala District 1 • CRA Chairperson Georgia A. Hiller, Esq. District 2 Tom Henning District 3 2014 Chairman Fred W. Coyle District 4 �n Ter Coi t:nty IMMOKALEE C RACollier County Community Redevelopment Agency 1681 The Board of County Commissioners �+" Dcnna Eials Satellite Office :it':1 ' Marco Island j 1040 Winterberry Email: Drive DOrMariala@c,llieryov,rlel Marco Island, FL (239)252-850114P 34145 (239)252-8501' 3_o49 P. Hillar, Esq. Satellite Office North Collier rEmail: Government Center Georgillillerfvmlliergoa.ne: 2335 Orange (239)252-S502'. Blossom Drive Maples, FL 34109 (239)252-S502,t '- °. Tom Winning Satellite Office 0 L sl a ? Golden Gate 2014 Chairman Services Center 4715 Golden Gate Email: Pkwy. IorHenningr colIIergov.net Naples, FL 34116 (239)252-85054V Appointments at the satellite office are available on Thursdays and Fridays: please call to schedule. W. - it7.:�I':_14 ` Email: FretlCVyleOlicollierrlov-net (239)252-0031V Tin Han:_ Satellite Office =1`:1 = Locations- 2014 Vice Chairman Currently not likl • Email: open;opening date Tir111U8ACr3(ct,C011iAtgOvilet to be announced (239)252-S5041:Q? soon. Immokalee Government Center 105 South 1st Street Immokalee, FL 34142 Wilson Blvd.Office 50 Wilson Blvd. South 1681 . Exhibit 6 Staff Resume BRADLEY MUCKEL,MBA,PMP 155 Wickliffe Drive• Naples, FL 34110 239.593.8824 h bradrnuckeiRmsn.com PROFILE Executive Management professional with over twenty years of experience in all phases of intergovernmental coordination and community development, focused in the areas of storm water master planning, organizational leadership,contract administration, resource optimization,stakeholder negotiations and contract law. ACCOMPLISHMENTS • Developed and implemented annual work plans and budgets for the Collier County BCC representing the Immokalee Community Redevelopment Agency (CRA) and Municipal Service Taxing Unit (MSTU) In a collaborative fashion with local Advisory Boards, regulatory agencies and citizens of the community. • Acted as the sole agency interface with community organizations and political officials regarding public outreach programs in order to champion the core mission of the Collier County CRA In Immokalee. • Managed tax revenues and expenditures for the Collier County CRA as they relate to redevelopment of capital transportation infrastructure. • Successfully managed all contracting functions of federally funded storm water improvement projects including bid process,scope creation,change orders, payment applications and final close-out/inspections. • Authored grant proposals acquiring federal and state water conservation grant funds for projects related to environmental sustainability. • Took ownership of approximately $40 million in projects through the project life cycle utilizing a thorough understanding of Local, State and Federal regulations,contractual obligations and legislative processes. • Acted as liaison between clients, consultants and intergovernmental agencies utilizing effective communication skills in the position of Program Management Consultant for URS Corporation, a worldwide engineering firm based in Washington, DC. • Noticed, chaired and recorded the minutes of progress meetings and presentations for clientele in both the 1 private and public sectors including the Collier County BCC following Roberts Rules of Order. • Graduated with honors from a Bachelor of Science in Executive Management degree program with a primary emphasis in Construction Management. • Graduated Magna Cum Laude from a Masters of Business Administration degree program with exposure to course material in the areas of organizational leadership, diversification, marketing, finance, business management and business law. PROFESSIONAL EXPERIENCE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY(CRA), Immokalee, FL 2008-present Operations Manager—www.immokaleetoday.com In this position I am exclusively responsible for managing all aspects of community redevelopment within the geographic boundaries of the Immokalee CRA and MSTU with a very high level of integrity and transparency. • Coordinate special projects including the planning, design, iniplenientation, and evaluation of extensive construction/maintenance projects, management studies, introduction of new programs, and various professional services including the Immokalee Storm Water Master Plan and Public Realm Design Plan. • Foster public and private partnerships between local interest groups, regional agencies, County Departments, law enforcement, utility districts and the CRA to address redevelopment issues in the Immokalee area. • Work with the County Attorney's Office and BCC to manage the review and update of Land Development Code ordinances and amendments as applied to the Immokalee Urban Designated Area. • Manage contractual obligations of the CRA to include creating and executing legal agreements, compiling related documentation and processing payments for these obligations. ■ Proactively manage environmental compliance programs(NPDES/SWPPP), project schedules, negotiate and execute contracts, process payment applications and supervise daily field activities. ■ Sit on RFP and RFQ scoring committees which involves evaluating proposals and responding to protests. 1681 BRADLEY MUCKEL Page Two CENTEX HOMES, Naples, FL 2004-2008 Land Development Project Manager-www.centex.com j Primarily focused on community development, consultant management, civil design development, community outreach, regulatory agency coordination,contract management and budgeting. • Directed all community development efforts from conception through Association & County conveyance of infrastructure networks including drainage systems, roads and pedestrian facilities. • Presented large scale development projects to local regulatory agencies during the schematic design and permitting phases. • Ensured successful project completion through effective design documentation, material procurement, change implementation, environmental impact and municipality requirements including SFWMD, Department of Environmental Protection, Army Corp of Engineers and Collier County permit adherence and subsequent utility acceptance. • Managed permits,fiscal matters,consultancy services and project field inspections. STEWART ENTERPRISES,LLC,Annapolis, MD 2001 -2004 General Manager of Operations-www.stewartenterprisesinc.com • Responsible for directing all design and project management services of this general contracting firm.This meant directing the daily goals and objectives of staff, daily subcontractor field management,contract administration, bid proposals and design development. • Increased profits by$1.5 million annually through effective job cost analysis and contract negotiations. • Interviewed and managed all personnel including conducting performance evaluations. • Improved customer satisfaction through a broad understanding of the sequence of events in each project which helped to maintain the integrity of client expectations. • Accurately managed project design and permitting procedures insuring adherence to local government building and zoning regulations. URS CORPORATION,Washington DC 1996-2001 Program Management Consultant-www.urscorp.com • Effectively directed project development team while maintaining a substantial profit margin through effective project administration in the areas of design development, owner progress billings, client purchase orders, change orders and proposals. • Performed overall budget analysis and subcontractor scope-of-work/bid evaluation via blue print"take-offs" and project specification analysis,contract negotiations(buy-out)and construction scheduling. • Gave marketing presentations and negotiated with internal and external executives ensuring a steady Influx of billable consultancy work, • Performed incremental performance evaluations of project management team and administrative personnel. • Managed architectural submittals, owner progress billing, contract changes, and monthly subcontractor progress payments resulting in total client satisfaction and overall project profitability. • Led a wide range of project development issues such as conceptual land planning design and regulatory agency permit approval as well as field general contractor site construction supervision. • Conducted construction feasibility studies,developed contracts and managed bid process. • Ensured each project was designed and built with adherence to environmental regulations, zoning laws and limit of disturbance boundaries while maintaining the integrity of the client's specifications, EDUCATION AND PROFESSIONAL DEVELOPMENT Master of Business Administration(MBA)-Magna Cum Laude • Bachelor of Science,Executive Management-Honors Associates of Applied Science,Computer Design and Drafting-Dean's List Hodges University, Naples,FL Project Management Professional Certification-Project Management Institute of America www.PMI.orq Active Member in the National Contract Management Association--www.ftcmahq.orq Global Knowledge Project Management Professional"Boot Camp"training seminar-2011 Management Styles&Team Building Training-2012 168 .1 208 Washington Ave Cell 867-1859 Christie Ann Betancourt Objective To benefit the well-being of the people,community,and environment of Immokalee. Experience • • 2000-present Collier County Government Immokalee,Fl Administrative Assistant Immokalee Community Redevelopment Agency 2005-2008 Collier County Government Lnmolcalee,Fl Program Leader(ISC)Fitness Parks &Recreation 2002-2005 Collier County Government Innttokalee,Fl Park Assistant-Fitness Parks&Recreation 2000-2001 Collier County Public Schools Immolcalee,Fl Teachers Aide Lake Trafford Elementary School 1995-1998 Seminole Tribe of Florida Big Cypress,Fl Waitress Swamp Water Cafe Other Jobs 1993-1994 Redland Christian Migrant Association 1997-1997 Lozano's Restaurant &Sports Bar 1998-1999 Doub's Western Store 1999-2000 Collier Count Public Schools 1999-2000 Goodwill Industries 2002.2002 AtneriCorps Education 2004-2005 Florida Gulf Coast University Ft. Myers, ] Completed 2 semesters pursuing education degree 1997-2000 Edison Community College Ft. Myers, F1 A.A., Associates in Arts(three years of school pursuing education degree) I 1993-1997 Immokalee High School Immokalee 16B1 ,Certificates Votary CPR Certification(for the professional rescue) First Aid Certified AED Job related College courses: Microsoft Word Microsoft Publisher Microsoft PowerPoint Microsoft Excel Typing I Typing II Introduction to Business Microcomputer Skills Interests ` ' • Volunteering for my community is very important to me. I mostly participate with local kids leagues. Skills Typing 55 wpm Languages Spanish- Speak,Read, and Write Additional . Volunteer Experience Information I am involved in my community. I have volunteered for the following organizations: • Goodwill Industries • • Imntokalee'Youth Softball League • Immokalee Pop Warner • Lnmokalee Scouting(Boys Scouts) • RCMA Americorps } • Habitat for Humanity • First Baptist Church • Highlands Elementary • Learning Center References Betancourt,Diane Program Specialist,CCPS (863)674-0286 Alvarez,Annie Supervisor,Parks&Recreation (239)657-1951,(239)580-9116 Carter,Jason Pharmacist,American Discount Pharmacy(239)658-6123 1 1661 Bradley S. Muckel ft CRA Interims Executive Director -?-:ni Mr. Muckel's experience and training in architectural design,grand administration and project management t . make him a pivotal member of the CRA revitalization ., team. t,,i BradleyMuckel @Colliergov.net He joined the Immokalee CRA in June 2008 as it Registered Certifying Agent of became a locally managed community organization. He now coordinates the improvement programs and the Florida Green Building revitalization projects designed to meet the CRA's governing objectives. Coalition 1 Mr. Muckel comes to the Immokalee CRA with over 20 lii)FGBv_..! years of successful experience in project management, development,and design. He brings the Immokalee CERTIFYING I CRA expertise in civil/architectural development,budget AGENT I planning,and construction project administration. He previously worked for Centex Homes of Southwest Florida and, earlier in his career,for organizations in the Baltimore/Washington D.C.corridor managing projects in both the United States and Haiti. Mr. Muckel's academic background includes an A,A.S. degree in Architectural Design,a B.S.degree in Executive Management with a concentration in construction engineering,and a Masters in Business Administration. Mr. Muckel welcomes your calls about current or planned projects and any new projects you may be considering related to local and regional economic development. I i James Sainvilus / I MSTU Project Manager J IM!. James Sainvilus is a 1997 graduate of Immokalee High ,, School and a former science teacher at Immokalee "' " d:`; Middle School.He bring to his new responsibilities sevn years as project manager for the Collier County Public `' -. Utilities Planning and Project Management Department. \''.• took over his new responsibilities with the Immokalee Municipal Services Taxing Unit(MSTU) i earlier this week. A graduate of Alabama A&M University, Sainvilus said he's happy to be in a position to make improvements to the community he loves. Born in Haiti, Sainvilus came to ' the U.S.with his family when he was 16 years old. The MSTU,formerly independent,was included in the 1 1681 portfolio of the Immokalee Community Redevelopment Agency in 2012,although it will continue to have its own board of directors chaired by long-time Immokalee community activist and supporter,Cherryle Thomas. In addition to street lighting and median landscaping, the MSTU also works on projects such as the recent Main Street curbing project and an on-going anti-litter campaign, In which Immokalee High School students also participate. Marie C. Capita Immokalee Business Development Center / \ Manager .(444 j'. Marie Capita is the Center Manager for the Immokalee Business Development Center(IBDC). Her background in business and law makes her a pivotal resource to the MarieCapita @Colliergov.net IBOG. Ms.Capita is multi-lingual,speaking English, French and Creole. Ms.Capita graduated from Florida International University with a B.A. in Finance and continued her education at the University Of Miami School Of Law, where she received her Juris Doctor degree.After graduating from law school she managed her own law practice in the Dade, Broward,and Palm Beach County area. Ms.Capita also taught at Miami Dade Community College in Miami, Florida. In 2009 she moved with her family to Collier County where they own and operate a Haitian Bakery in Immokalee.Mrs.Capita has worked with several community organizations in Immokalee,especially In the Haitian Community. Christie A. Betancourt Executive Assistant Christie Betancourt accepted the position of Administrative Assistant for the Immokalee Community Redevelopment Agency(CRA)in February 2008 No transferring from Collier County Parks and Recreation, Immokalee Branch,where she was a Program Leader/Fitness Trainer for eight years. ChristieBetancourt @Colliergov.net Since coming on board with the Immokalee CRA Ms. Betancourt has furnished the CRA offices with furniture, office equipment and contributed significantly to the development of this newly established CRA facility in Immokalee. In addition to her regular office duties at the CRA,Ms. Betancourt assists local Immokalee community members with logistical Issues pertaining to grant programs and other governmental communication 2 16B1 efforts.Most recently,Ms. Betancourt was the primary point of contact and provided invaluable local assistance in the processing of local Disaster Recovery Initiative (DRI)grant applications for Collier County Housing and Human Services,a grant program that was established to assist the families affected by hurricane Wilma. Ms. Betancourt is an Immokalee, Florida native and is a third generation Floridian. She is married and is the mother of three young children. In her spare time Ms. Betancourt volunteers for the Immokalee Pop Warner and Little League Programs and enjoys spending time with her family. Ms. Betancourt's academic background includes an A.A.degree from Edison Community College.She is currently attending Florida Gulf Coast University where she is working on her BA Degree in education. Ms. Betancourt invites you to contact her at any time with questions or for information about the Immokalee Community Redevelopment Agency. Office and Staff Share on linkedinTweet Share on stumbleuponShare on diggShare on email Office Location The CRA office is located in the heart of Immokalee at 750 South 5th Street, Immolcalee,FL 34142(Southwest Florida Works building). The Immokalee CRA Advisory Board meets the third Wednesday of each month at 8:30 A.M. Meetings are held at the Southwest Florida Works building 750 South 5th Street, Immokalee, Florida, 34142. You can reach CRA staff, Monday-Friday from 8:00 AM to 5:00 PM, at the contact numbers listed below. Our new phone number is 239-867-0025 Bradley Muckel call 239-867-0027 James Sainvilus call 239-867-0026 Marie Capita call 239-938-7771 Christie Betancourt call 239-867-0025 Immokalee Business Development Center(IBDC) office is located at 1170 Harvest Drive, Immokalee, FL 34142 (Hodges Immokalee site)(Map) • 3 1661 Exhibit 7 State of Florida Certificate of Good Standing N/A • 1681 Exhibit 8 Board Resolution Authorizing Submittal of Grant Application N/A 1681 Exhibit 9-Audited Financial Statement Collier County's Comprehensive Annual Financial Reports for the year 2011 and 2012 can be found on the following link: http://www.collierclerk.com/ClerkToTheBoard/Finance/ComprehensiveAnnualFinancialReports(CAFR) 1 Exhibit 10: Acknowledgement Letter Collier County Community Redevelopment Agency IMMOKALEE CRA CRA Board I The Place to Cal;dome! 1 6 B 1 Commissioner Donna Fiala March 11,2014 Chair Commissioner Ms. Kimberley Grant, Director Tin,Nance. Collier County Housing, Human and Veteran Services Commissioner 3339 E. Tamiami Trail, Suite 211 Tom I lenning Naples, FL 34112 Commissioner RE: Request for Funding under the DRI/DREF Supplemental Funding Grant Application Cycle Fred W.Coyle Commissioner Dear Ms. Grant and members of the RRC: Georgia I Idler I have read the Collier County Housing, Human and Veteran Services(HHVS)application for DRI/DREF Supplemental Funding Cycle. On behalf of the lmmokalee CRA,as the duly authorized signatory for the RA Advisor) Board CRA, I agree to and accept the terms, specific limitations,and conditions expressed therein. In addition, I have read, rely upon, acknowledge and accept the County's Disclosure and Disclaimer, which is attached hereto Michael Facundo and is fully incorporated into this letter. Chairman Edward"Ski.'Otesky By signing below,the undersigned acknowledges that he/she has read and understand the Certifications attached hereto as Exhibits 1-19 and, if awarded DRI/DREF funds, as applicable,the Immokalee CRA will be able to Robert Ilalman comply fully with the provisions of those Certifications and will be able to comply with all additional applicable l: -out cio federal, state and local requirements, including procurement and financial management. Applicant also Julio lstrcmcra 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 be requested prior to Cristina Perez final funding determinations. The County reserves the right to verify that the authorized signature above is Floyd Crews authorized to bind the Applicant(on behalf of the Organization)and may require the Application to submit documentation verifying such authority. James Wall The lmmokalee CRA also attaches a letter designating the person that has signatory authority to bind the Carrie Williams organization should funding be allocated. The signatory letter must be notarized. Frank Nappo Sincerely, COLLIER COUNTY COMMUNITY REDEVELOPME T AGENCY ism Advisory Board Cherryle"Thomas By(signature): Chair /� William Deyo Date Signed: IMF�tir \+ �ZG�♦ Lucy Ortiz Name of Authorized Individual: bet na N A t q LAN Norma Garcia Title: CRA Chair,County Commissioner—District 1 Andrea I lalman ATTEST: ('RA-MS71 staff DWIGHT E. BROCK,CLERK Bradley Muckel _ CRA/MSTt l Interim , C I)irector Christie Bctancourt CRA Administrative Assistant Approved as to form and legality: James Sainvilus 4SI11 Project Manager Count) ttorney's Offic Marie capita 3 '1 i \1 MIX'Manager 750 South Fifth Street Immokalee, Florida 34142 239.867.0027 Exhibit 11 16 B 1 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 HHVS 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 DRI/DREF 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. 1. 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 5. 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 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 I-lousing and Urban Development Act of 1968, as amended (12 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." 30 1661 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-based 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 by Executive Orders 11375, 11478, 12107 and 12086. 10. Contract Work 1-lours and Safety Standards Act, 40 USC 327-332. 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 1970, 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 I-ICDA 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 570.504; o Section 84.25, Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow 570.505; 31 16E2. o Section 84.34(g), Equipment — In lieu of the disposition provisions of 84.34(g) the following applies: • 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 570.503(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. 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 32 1681 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, el seq. h. Federal Water Pollution Control Act, 33 USC 1251, el 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.C. 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 of 1988 (41 USC 701). 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 in 24 CFR 570.609, 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-1 10 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUI3RECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, 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 1970 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 33 1661 $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 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 Statuses. 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 Form-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-grants, contracts under grants, loans, 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/DEO. 38. Florida Statutes 713.20, Part 1, Construction Liens 39. Florida Statutes 119.021 Records Retention COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY ,` By(signature): I�Yl� je Date Signed: f" A Q.C. l ,Zd Name of Authorized Individual: Do NN-A >~I A`A Title: CRA Chair,County Commissioner—District 1 ATTEST: DWIGHT E. BROCK,CLERK • ...a.. �� ► Attest as t 4 signature.only:,' Approved as to form and legality: County Attorney's Office 34 Exhibit 12 1. CERTIFICATION OF DRI/DREF FUNDED CONSTRUCTION/REHABILITATION PROJECTS If the applicant anticipates using DRI/DREFfor construction or rehabilitation, the following federal and county requirements must be acknowledged: 1. All construction or rehabilitation plans and permits must be approved and in place prior to funding. 2. The County shall not be obligated to pay any funds to the project prior to the completion by the Applicant/Subrecipient 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 DRI/DREF 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 OMB Circular. 5. Pursuant to Section 109 of the Act, the 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. 6. 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 (HIIVS) 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 Immokalee 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. 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 regulations. 10. The County reserves the right to be present at the time of bid openings. 35 16B1 1 1. The Applicant agrees to submit to the County all documentation of the steps followed in the selection of professional services and construction contracts. 12. The Applicant agrees to specify a time of construction and include a liquidated damage clause 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 570.608 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. 1, hereby acknowledge that I have read the specific requirements contained in this Certification and that eligibility of my organization's project depends upon compliance with the requirements contained in this document. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY , By(signature): Date Signed: MA&C N 11 ‘ 2.o19 t Name of Authorized Individual: bo n.l 1 A Title: CRA Chair,County Commissioner-District 1 ATTEST: DWIGHT E. BROCK, CLERK l,, 0-C ttes as signature o y., Approved as to form and legality: County Attorney's Office 311‘ 119 36 Exhibit 13 1 6 B 1 ACKNOWLEDGEMENT OF RELIGIOUS ORGANIZATION REQUIREMENTS in accordance with the First Amendment of the United States Constitution "church/state principles," DRI/DREF assistance may not, as a general rule, be provided to primarily religious entities for any secular or religious activities. Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to he, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or operates in connection with a religious or denominational institution or organization. These requirements are outlined in 24 CFR 570.200(j)(l-6). A religious entity that applies for and is awarded DRi/DREF funds for public service activities must agree to the following: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference to persons on the basis of religion. 2. It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. The organization may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided it does not use direct CDBG funds to support any inherently religious activities. Among other things, faith based organizations may use space in their facilities to provide CDBG funded services without removing religious art, icons, scriptures or other religious symbols. A CDBG funded religious organization retains its authority over its internal governance and may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. 3. It may not engage in inherently religious activities, such as worship, religious instruction or proselytization, as part of the programs or services funded under this part. If the organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part and participation must be voluntary for the beneficiaries of the HUD funded programs or services. 4. DRI/DREF funds may not be used for the acquisition, construction or rehabilitation of structures to the extent that those structures are used for inherently religious activities. CDBG funds may be used for the acquisition, construction or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities. Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal place of worship, however, are ineligible for CDBG funded improvements. I hereby acknowledge that i have read the specific requirements contained in this attachment and that eligibility of my organization's project depends upon compliance with the requirements contained in this agreement. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By(signature): Date Signed: h1A i(C j.I 1112.0 1 ti Name of Authorized Individual: Title: CRA Chair,County Commissioner—District 1 Approved as to form and legality ATTEST: ; , DWIGHT E. BROOK, Clerk Assistant County tNrney $ ` `�`� ' ,r. '- ...�wss...it 3 1 37 signa a on., Exhibit 14 16 B ATTESTATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners adopted a Resolution (2013-228) to establish an application screening criteria for Collier County administered federal and state grants. The resolution refers to employees, board members, etc. of which a subrecipient from having any personal or financial interest in any transaction funded by the 1-IUD program. Collier County Housing, Human and Veteran Services have determined this list of interested parties refer to the following representatives of the non-profit organization: Each Board of Directors members Officers of the Board Executive Director All employees and supervisors that will work on the grant All representatives of the non-profit applying for federal funding are hereby attesting and will follow the following: 1. Each non-profit of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Collier County Housing, Human & Veteran Services or its agreement non-profit/contractors will not contract with subcontractors if they are debarred or suspended by the federal government. 2. 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 and Collier County may pursue available remedies, including suspension and/or debarment. 3. The non-profit shall provide immediate written notice to the grant manager at any time the non-profit/contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. 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 Housing, Human and Veteran Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. 5. The non-profit further agrees by submitting this certification that, it shall not knowingly enter into any sub-agreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The non-profit further agrees by submitting this certification that it will require each contractor/subcontractor of agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each sub-agreement. 7. Collier County Housing, I human & Veteran 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. 8. The non-profit may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the non-profit/contractor knows that the certification is erroneous. 39 1681 9. The non-profit has adopted conflict of interest policies and procedures within their organization and will provide a copy of such prior to the execution of an agreement should the grant application be funded. If the non-profit does not have conflict of interest policies and procedures they must adopt policies/procedures for determining when a conflict of interest exists and disclosing it to the public as required by the applicable program requirements. 10. Collier County Housing, Human and Veteran Services will rely on the attestation of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. 11. If funded, and as applicable, the all contractors and subcontractors hired by the non-profit will be required to sign a similar firm attesting to the same requirements outlined in this document prior to entering into a HUD sponsored contract. This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360- 20369). (a) The prospective non-profit certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in contracting with Collier County Housing, Human & Veteran Services by any federal department or agency. (b) Where the prospective non-profit is unable to certify to any of the statements in this certification, such prospective non-profit shall attach an explanation to this certification. COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY By(signature): Date Signed: V"q Q C.%A I i ,Z.O' M Name of Authorized Individual: tJ..) A F%A L41, Title: CRA Chair,County Commissioner—District 1 ATTEST: DWIGHT E. BROCK, CLERK 11 Attest as o an s signature only. Approved as to form and legality: County Attorney's Of 11 It \ ILI 40 Exhibit 15 Procurement Policy 1681 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. II. 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. )=ncouraaing competition: Endeavor to obtain as full and open competition as possible on all purchases and sales. 3. Procedures: Establish and amend, when necessary, 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 current developments in the field of purchasing, prices, market conditions and new products, and secure 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. 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. 6. Forms: Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this Policy. 7. Vendor 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. 8. 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'commodities, 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 16B1 12. Suspension and Debarment of Vendors: To oversee and facilitate the suspension and/or debarment of vendors as set forth under Section XXIX of this policy. 13. Inquiry and Control: Have full authority to question the quality, 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 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. III. PURCHASES NOT EXCEEDING$3,000 Purchases that do not exceed $3,000 may be approved by the Purchasing Director I' without informal or formal competition by means of a purchase order, purchasing card or formal agreement (or any 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 $3,000 but not more than $50,000 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.B. 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, written, 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. B. The requirements for requesting quotes from three (3) or more sources are waived and do not require Board action for: 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials,periodicals, printed library cards,etc. 2 16 : 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 agency, 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 County Commissioners, 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 books, education and/or personnel tests, similar audio visual materials, 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 vendor/contractor 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 1681 purchases shall not require subsequent Board 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. Developing, implementing and maintaining appropriate administrative procedures, 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 contract with the County pursuant to the procedures established pursuant to subsection V.D.1a. 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.1a. 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 lowest, 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 requirements, whichever takes precedence. 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. 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 database, which will electronically send them a notice of the proposed purchase or sale. Notices 4 1681 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 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 287.087, F.S. In 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 XI 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 thereafter, award of contract shall be made in accordance with Section Xl.2.(a)of this policy. 5 16B1 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 XI (2)(a) (where applicable), if the lowest, 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 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. F. Award Of Bid Contract: The Chairman, 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. Formal, 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. 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). 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 II 1681 VII. PROCUREMENT OF PROFESSIONAL SERVICES A. Because differences in price may only 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. 2. Architecture, professional engineering, landscape architecture, or registered land surveying services(as per Section 287.055,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 counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services-attorneys and legal professionals. 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. C. Requests exclusively for services defined under VII.B.2 will be procured in a manner consistent with Section 287.055, F.S., known as "The Consultants Competitive Negotiation Act"as required by said statute. Projects may include, 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 administration, support and management of engineering,architectural,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 7 1681 be performed and the criteria to be used to evaluate each proposal. For all "best value" based solicitations, price shall not exceed 50 percent of the total evaluation criteria. The Director shall be authorized to approve all 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 shall be subject to 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. D. For all service procurements in excess of the formal competitive threshold under the Competitive Selection and Negotiation method, 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 VIII.B. 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 Director, 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. N. 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 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 qualified offer 8 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). 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 F.S. 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. 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 Director, 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 through 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 Package, 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 firms, the supervision or the 9 1613i approval by the County of the work drawings of the project and evaluation of 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 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 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 vendors, consultants, 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, 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 help ensure that small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants, 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 policy, the term "small business" shall have the same definition as set forth under Section 288.703.(1), F.S. The term "DBE" 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.C. Reference to these definitions, however, 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. 10 16B1 d. Utilizing 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 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. XI. 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 policy, 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 proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, 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 employment opportunities,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 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 11 1681 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) 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 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, F.S., 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 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 Section 287.087, 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 proposals, qualifications or other submittals and competitive negotiation and selection. For all 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 VI1.B.2 (which are subject to Section 287.055, F.S.) and subsection VII.B.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 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 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 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 b 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 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.S., 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$500,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 Director, in consultation with the Finance Director and using agencies,to establish,distribute and administer procedures for the timely payment of all transactions as defined under XII.A hereof. Such procedures shall include,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 County's 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. 13 16B1 E. Each December, the Finance Director and the Purchasing Director shall submit 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 meets the following criteria: 1. Such membership is deemed necessary to meet duties and responsibilities required by Federal, State or local mandate or to facilitate proper professional development. 2. The organization of membership is of a non-profit 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 Director,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 competitive 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 applicable,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. 14 16B1 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 sufficient documentation 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 Director, excepting 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,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 of(i) 10 percent of the current Board approved amount.or(ii)$10,000. 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 using agency(ies). Such purchases shall be subject to all other provisions of this policy. 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 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 direct material purchases, 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 subject to 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: 15 16B1 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 basis, commencing at the end of the initial contract period. Any such contracts shall not be renewed for more than 3 years unless competitively procured. 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 formal, 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 formal, competitive threshold may be authorized and executed by the Purchasing Director, 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 generated, 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 Director, provided that the work order, as modified, 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 orders, or modifications to work orders,governed by Section VII.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 Delegation; Promulgation 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 VII.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 limits of any applicable federal,state or other law. 16 1661 The Purchasing Department shall be responsible for establishing and 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 provisions of 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 departments, 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 Director, or his designee, shall have the discretion to establish, in writing, a schedule(s)to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted. The 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 50% of the contract amount less retainage have been issued) 17 1681 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 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. 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 purchase, 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 Board. 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. 86-30, 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 Proposals, 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 18 16B1 Purchasing Director, in consultation with the contract manager (and other appropriate County staff), 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 contract award 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 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) calendar days, excluding weekends and County holidays, 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 rules, regulations, statutes, 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 19 1681 review the facts relevant to the protest. The 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 post a cash surety in an amount equal to one (1) percent of the using agency's estimate of the contract amount 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 protest cannot 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 contractors, 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 Manager: In 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 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. 20 6 , 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 prescribed, 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, F.S. 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 policy, a purchasing card is a 21 1681 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. Single Transaction Limit: Not to exceed$1,000 per card unless otherwise authorized by the Director. B. Monthly Spending Limit: Not to exceed $10,000 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.S., County purchases transacted with vendors within the State of Florida are exempt from the state sales and use tax. In such instances, 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 presented, 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 prohibited, or against public policy, or shall for any reason whatsoever be held invalid, 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. 22 1661 XXVI. REPEAL PRIOR AND CONFLICTING All resolutions and policies or parts of resolutions and policies, 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 effect at that time. XXVIII. CONFLICT OF INTEREST When procuring commodities or services using County funds, each 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 projects, 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 vendors, contractors, 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 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 of 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. c. For the purposes of this section, the terms"vendor" and"consultant" shall 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 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 no lo contendere. 23 1681 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. 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 �l 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 contractor, 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 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 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 1681 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. Debarment 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 complaint, verify whether it is compliant with the provision of this policy, 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 complaint, as forwarded to the contractor, 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 designee), 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 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 25 1681 indirect competitor of the firm in question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shalt 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 PGS Director, 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 Contractor, 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 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 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 designee), who will review the debarment 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. 3. Debarment Period: a. At its sole discretion, 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 16B1 b. At its sole discretion, the committee (having the same or different 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 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 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 contractors, 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 it 16B1 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 or his designee 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. The Scope of Debarment: Debarment applies to all officers, principals, 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. 2/10/09 28 16B1 Exhibit 16 Organization's Current Balance Sheet Fund Center Fund Line Item Detail Proforma Collier County Government Fiscal Year 2014 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 FY 2014 Adopted Actual Adopted Amended Forecast Current Expanded Budget 1 Change 111 MSTU General Fund I 163805-111 Immokalee Rd&State Road 29 Expenditures 163805-111 634990 Landscape 1,867 4,000 4,000 28,000 4,000 0 4,000 0.00 163805-111 634999 Other Contractual 116,865 141,000 141,000 110,000 141,000 0 141,000 0.00 163805-111 643100 Electricity 3,195 3.200 3,200 3,200 3,200 0 3,200 0.00 163805-111 643400 Water And Sewer 19,250 29,000 29,000 20,000 29,000 0 29,000 0.00 163805-111 646311 Sprinkler System 952 1,500 1,500 1,000 1,500 0 1,500 0.00 163805-111 652990 Other Operating 290 0 0 0 0 0 0 0.00 Expenditures 142,419 178,700 178,700 162,200 178.700 0 178,700 0.00 163805-111 Immokalee Rd&State Road 29 Revenues 163805-111 369300 Reimbursement For 96 0 0 0 0 0 0 0.00 Revenues 96 0 0 0 0 0 0 0.00 Fund Total Expenditure: 142,419 178,700 178,700 162,200 178,700 0 178,700 0.00 Fund Total Revenue: 96 0 0 0 0 0 0 0.00 Fund Balance: -142,324 -178,700 -178,700 -162,200 -178,700 0 -178,700 0.00 162 Immokalee Beautification 1 162524-162 Immokalee Beautification Expenditures 182524-162 631400 Engineering Fees 0 10,000 10,000 6,000 10,000 0 10,000 0.00 162524-162 634970 Indirect Cost 4,100 5,400 5,400 5,400 4,900 0 4,900 -9.26 162524-162 834999 Other Contractual 53,185 75,000 75,000 160,000 150,000 0 150,000 100.00 162524-162 640200 Mileage 82 0 0 0 0 0 0 0.00 162524-162 640300 Out Of County 347 0 0 0 0 0 0 0.00 162524-182 843300 Trash And Garbage 10,080 5,000 5,000 5,000 5,000 0 5,000 0.00 162524-162 645100 Insurance General 800 700 700 700 700 0 700 0.00 162524-162 646311 Sprinkler System 138 2,000 2,000 3,300 3,300 0 3,300 65.00 162524-162 646318 Mulch 2,780 6,000 6,000 6,000 6,000 0 6,000 0.00 162524-162 848451 Lighting 42,608 60,000 60,000 52,000 60,000 0 60,000 0.00 162524-162 649010 Licenses And 0 0 0 1,000 1,000 0 1,000 0.00 162524-162 649100 Legal Advertising 0 0 0 200 300 0 300 0.00 162524-162 649990 Other 3,132 10,000 10,000 0 10,000 0 10,000 0.00 162524-162 661110 Office Supplies 0 500 500 300 500 0 500 0.00 162524-162 652310 Fertilizer Herbicides 1,029 8,000 6,000 6,000 6,000 0 6,000 0.00 162524-162 763100 Improvements 89,409 487,400 534,738 350,000 95,900 0 95,800 -80.32 Expenditures 207,688 668,000 715,338 595,900 353,600 0 353,800 -47.07 919010-162 Reserves Expenditures 919010-162 991000 Reserve For 0 1,700 1,700 0 1,900 0 1,900 11.76 Expenditures 0 1,700 1,700 0 1,900 0 1,900 11.76 929010-162 Transfer Expenditures 929010-162 811860 Transfer To 186 76,000 76,000 76,000 76,000 76,000 0 76,000 0.00 Expenditures 76,000 76,000 76,000 76,000 76,000 0 76,000 0.00 i 959010-162 Transfers-Elected Officers Expenditures 059010-162 930600 Budget Transfers 2,721 2,800 2,800 2,800 2,800 0 2,800 0.00 959010-162 930700 Budget Transfers 6,271 7,200 7,200 7,200 6,900 0 6,900 -4.17 Expenditures 8,992 10,000 10,000 10,000 9,700 0 9,700 -3.00 162524-162 Immokalee Beautification Revenues 162524-162 311100 Current Ad Valorem 292,508 276,800 276,600 255,000 277,400 0 277,400 0.22 162524-162 311200 Delinquent Ad 680 0 0 2,800 0 0 0 0.00 162524-162 361320 Interest Tax 7 0 0 0 0 0 0 0.00 162524-162 369130 Ins Co Refunds 1,528 0 0 13,000 0 0 0 0.00 Revenues 294,721 276,800 276,800 270,800 277,400 0 277,400 0.22 919010-162 Reserves Revenues 919010-162 489200 Carryforward 577,000 491,800 491,800 586,300 176,800 0 176,800 -84.05 919010-162 489201 Carry Forward Of 0 0 47,338 0 0 0 0 0.00 919010-162 489900 Less 5%Required 0 -13,900 -13,900 0 -14,000 0 -14,000 0.72 Revenues 577,000 477,900 525,238 586,300 162,800 0 162,800 -65.93 GovMax V5 1 1/17/2014 1681 Fund Center Fund Line Item Detail Proforma Collier County Government Fiscal Year 2014 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 FY 2014 Adopted Actual Adopted Amended Forecast Current Expanded Budget V.Change 162 Immokalee Beautification II 959010-162 Transfers-Elected Officers Revenues 959010-162 486600 Transfer From 612 0 0 0 0 0 0 0.00 959010-162 486700 Transfer From Tax 2,388 0 0 0 0 0 0 0.00 Revenues 3,000 0 0 0 0 0 0 0.00 989010-162 Interest Revenues 989010-162 361170 Interest Sba 314 0 0 0 0 0 0 0.00 989010-162 361180 Investment Interest 4,001 1,000 1,000 1,600 1,000 0 1,000 0.00 Revenues 4,316 1,000 1,000 1,600 1,000 0 1,000 0.00 Fund Total Expenditure: 292,680 755,700 803,038 881,900 441,200 0 441,200 -41.62 Fund Total Revenue: 879,037 755,700 803,038 858,70D 441,200 0 441,200 -41.62 Fund Balance: 586,357 0 0 176,800 0 0 0 0.00 I GovMax V5 2 111712014 1681 Fund Center Fund Line item Detail Proforma Collier County Government Fiscal Year 2014 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 FY 2014 Adopted Actual Adopted Amended Forecast Current Expanded Budget %Change 186 Immokalee Redevelop 138321-186 Immok Business Devel Expenditures 138321-186 512100 Regular Salaries 1,615 0 12,000 7,600 0 0 0 0.00 138321-186 513100 Other Salaries And 1,349 22,000 22,000 0 0 0 0 100.00 138321-186 514100 Overtime -63 0 0 0 0 0 0 0.00 138321-186 521100 Social Security 281 0 0 1,800 0 0 0 0.00 138321-186 522100 Retirement Regular 481 0 0 1,300 0 0 0 0.00 138321-186 523150 Health Insurance 12,746 0 0 0 0 0 0 0.00 138321-186 523160 Life Insurance 141 0 0 0 0 0 0 0.00 138321-186 524100 Workers 100 0 0 0 0 0 0 0.00 138321-186 640200 Mileage 6 0 0 0 0 0 0 0.00 138321-186 640300 Out Of County 24 0 0 0 0 0 0 0.00 138321-166 640310 Out Of County 15 0 0 0 0 0 0 0.00 ! 138321-186 641951 Postage 10 0 0 0 0 0 0 0.00 138321-186 645100 Insurance Genera! 500 0 0 0 0 0 0 0.00 138321-188 848170 Marketing And 105 0 0 0 0 0 0 0.00 138321-186 652990 Other Operating -459 0 0 0 0 0 0 0.00 138321-186 764900 Data Processing 2,448 0 0 0 0 0 0 0.00 Expenditures 19,299 22,000 34,000 10,700 0 0 0 100.00 138324-186 Immokalee Redevelopment Expenditures 138324-186 512100 Regular Salaries 225,278 254,777 254,777 203,300 254,724 0 254,724 -0.02 138324-186 512500 Auto Use Benefit 6,000 5,800 5,800 5,800 0 0 0 100.00 138324-188 512600 Er 457 Deterred 0 2,000 2,000 500 2,000 0 2,000 0.00 138324-186 514100 Overtime 0 0 0 2,400 0 0 0 0,00 138324-186 518100 Termination Pay 0 0 0 14,500 0 0 0 0.00 138324-186 519100 Reserve For Salary 0 10,670 10,670 5,300 6,556 0 6,556 -38.56 138324-186 521100 Social Security 16,558 20,517 20,517 16,200 20,185 0 20,185 -1.62 138324-186 522100 Retirement Regular 11,184 11,527 11,527 11,100 18,150 0 18,150 57.46 138324-186 523150 Health Insurance 38,238 53,092 53,092 53,100 52,400 0 52,400 -1.30 138324-186 523152 Dental Insurance 0 0 0 0 1,960 0 1,960 0.00 138324-186 523153 Short Term 0 0 0 0 360 0 360 0.00 138324-186 523154 Long Term 0 0 0 0 760 0 760 0.00 138324-186 523160 Life Insurance 553 717 717 700 705 0 705 -1.87 138324-186 524100 Workers 1,200 400 400 400 400 0 400 0.00 138324-186 631510 Data Processing 450 0 0 0 0 0 0 0.00 138324-186 631600 Appraisal Fees 700 0 0 0 0 0 0 0.00 138324-186 633010 Appearance Fees 0 D 0 1,300 0 0 0 0.00 138324-186 634207 IT Capital 800 500 500 500 700 0 700 40.00 138324-186 634210 Info Tech 8,800 11,900 11,900 11,900 15,900 0 15,900 33.61 138324-186 634211 IT Billing Hours 916 300 300 300 0 0 0 100.00 138324-186 634970 Indirect Cost 47,200 40,200 40,200 40,200 60,800 0 60,800 51.24 138324-186 634980 Interdept Payment -3,971 5,000 5,000 100 1,000 0 1,000 -80.00 138324-186 634999 Other Contractual 143,032 30,000 36,776 64,500 30,000 0 30,000 0.00 138324-186 639967 Temporary Labor 0 3,000 3,000 0 0 0 0 100.00 138324-186 639990 Other Contractual BO 0 0 0 0 0 0 0.00 138324-186 640200 Mileage 1,083 1,00D 1,000 2,000 2,000 0 2,000 100.00 138324-186 640300 Out Of County 2,196 3,000 3,000 1,200 2,000 0 2,000 -33.33 138324-186 640310 Out Of County 894 2,000 2,000 200 200 0 200 -90.00 138324-186 641230 Telephone Access 388 0 0 900 0 0 0 0.00 138324-186 641400 Telephone Direct 1,241 0 0 1,500 500 0 500 0.00 138324-186 641700 Cellular Telephone 3,409 1,500 1,500 3,000 1,800 0 1,800 20.00 138324-186 641900 Telephone Sys 3,945 3,700 3,700 4,000 2,400 0 2,400 -35.14 138324-186 641950 Postage Freight 4 700 700 100 100 0 100 -85.71 138324-186 641951 Postage 279 0 0 100 100 0 100 0.00 138324-186 643100 Electricity 4,579 6,000 6,000 6,000 0 0 0 100.00 138324-186 644100 Rent Buildings 36,130 36,000 36,000 34,100 22,000 0 22,000 -38.89 138324-186 644620 lease Equipment 3,085 4,000 4,000 4,000 4,000 0 4,000 0.00 138324-186 645100 Insurance General 2,500 3,500 3,500 3,500 2,900 0 2,900 -17.14 138324-186 646180 Building R And M 232 0 0 0 0 0 o 0.00 138324-186 646210 Custodial Sery 4,042 2,700 2,700 4,000 0 0 0 100.00 138324-186 646710 Office Equipment H 2,838 0 0 0 0 0 0 0.00 138324-186 647110 Printing Binding 2,201 3,000 3,000 4,500 500 0 500 -83.33 138324-186 648160 Other Ads 4,069 1,000 1,000 500 500 0 500 -50.00 136324-186 648110 Marketing And 3,868 40,000 28,000 3,200 5,000 0 5,000 -87.50 138324-186 649000 Sales Tax Expense -66 0 0 0 0 0 0 0.00 138324-186 649030 Clerks Recording 0 0 0 0 100 0 100 0.00 GovMax V5 3 1/17/2014 1681 . Fund Center Fund Line Item Detail Proforma Collier County Government Fiscal Year 2014 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 FY 2014 Adopted Actual Adopted Amended Forecast Current Expanded Budget %Change l186 Immokalee Redevelop i 138324-186 Immokalee Redevelopment Expenditures 138324.-186 649100 Legal Advertising 7,853 2,000 2,000 0 500 0 500 -75.00 138324-186 649980 Reimb Prior Year 0 500 500 0 500 0 500 0.00 138324-186 649990 Other 223 0 0 300 100 0 100 0.00 138324-186 651110 Office Supplies 3,595 3,000 3,000 2,500 2,000 0 2,000 -33.33 138324-186 651210 Copying Charges 5,306 3,000 3,000 5,000 3,000 0 3,000 0.00 138324-186 651910 Minor Office 81 0 0 0 0 0 0 0.00 138324-186 651930 Minor Office 225 0 0 0 0 0 0 0.00 138324-186 652210 Food Operating 1,165 500 500 1,000 500 0 500 0.00 138324-186 652920 Computer Software 2,186 0 0 100 0 0 0 0.00 138324-186 652990 Other Operating 594 1,000 1,000 2,000 1,000 0 1,000 0.00 138324-186 654110 Books Publ& 259 200 200 100 100 0 100 -50.00 138324-186 654210 Dues And 3,320 1,000 1,000 3,000 1,000 0 1,000 0.00 138324-186 654360 Other Training Ed 1,050 0 0 0 0 0 0 0.00 138324-186 764900 Data Processing 2,448 0 0 0 2,000 0 2,000 0.00 138324-186 883100 Payment In Lieu Of 18,293 24,000 24,000 17,000 20,000 0 20,000 -16.67 138324-186 884200 Residential Rehab 0 0 0 37,000 40,000 0 40,000 0.00 Expenditures 620,515 593,700 588,476 572,900 581,400 0 581,400 -2.07 919010-186 Reserves Expenditures 919010-186 991000 Reserve For 0 46,400 46,400 0 30,700 0 30,700 -33.84 910010-186 993000 Reserve For Capital 0 72,000 72,000 0 0 0 0 100.00 Expenditures 0 118,400 118,400 0 30,700 0 30,700 -74.07 919010-186 Reserves Revenues 919010-186 489200 Carrytorward 668,500 386,300 386,300 455,000 215,400 0 215,400 -44.24 919010-186 489201 Carry Forward Of 0 0 6,716 0 0 0 0 0.00 919010-186 489900 Less 5%Required 0 -200 -200 0 -100 0 -100 -50.00 Revenues 668,500 386,100 392,876 455,000 215,300 0 215,300 -44.24 929010-186 Transfer Revenues 929010-186 481001 Transfer From 001 295,300 223,200 223,200 223,200 286,300 0 266,300 19.31 929010-188 481111 Transfer From 111 59,300 44,800 44,800 44,800 53,500 0 53,500 19.42 929010-186 481162 Transfer From 182 76,000 76,000 76,000 76,000 76,000 0 76,000 0.00 Revenues 430,600 344,000 344,000 344,000 395,800 0 395,800 15.06 989010-186 Interest Revenues 989010-186 361170 InterestSba 256 0 0 0 0 0 0 0.00 989010-186 361180 Investment Interest 3,821 4,000 4,000 0 1,000 0 1,000 -75.00 Revenues 4,078 4,000 4,000 0 1,000 0 1,000 -15.00 Fund Total Expenditure: 639,814 734,100 740,876 683,800 612,100 0 812,100 -16.62 Fund Total Revenue: 1,103,178 734,100 740,876 799,000 612,100 0 612,100 -18.62 Fund Balance: 463,363 0 0 215,400 0 0 0 0.00 GovMax VS 4 1117(2014 1681 Fund Center Fund Line Item Detail Proforma Collier County Government Fiscal Year 2014 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 FY 2014 Adopted Actual Adopted Amended Forecast Current Expanded Budget %Change 715 Immokalee CRA Grant II 138315-715 Immok CRA Grant Expenditures 138315-715 512100 Regular Salaries 90,029 0 10,621 77,900 0 0 0 0.00 138315-715 513100 Other Salaries And 52,720 0 -4,220 0 0 0 0 0.00 138315-715 514100 Overtime 63 0 -63 0 0 0 0 0.00 138315-715 518100 Termination Pay 129 0 -129 0 0 0 0 0.00 138315-715 521100 Social Security 10,439 0 -3,061 0 0 0 0 0.00 138315-715 522100 Retirement Regular 8,620 0 3,195 0 0 0 0 0.00 138315-715 631990 Other Professional 1,189 0 -1,189 471,000 0 0 0 0.00 138315-715 634980 Interdept Payment 10,647 0 -10,647 0 0 0 0 0.00 138315-715 634999 Other Contractual 2,579,133 0 2,931,385 1,936,000 0 0 0 0.00 138315-715 639990 Other Contractual 0 0 0 200.000 0 0 0 0.00 138315-715 640200 Mileage 1,551 0 1,449 0 0 0 0 0.00 138315-715 640300 Out Of County 2,586 0 1,759 0 0 0 0 0.00 138315-715 840310 Out Of County 95 0 405 0 0 0 0 0.00 138315-715 641700 Cellular Telephone 0 0 3,600 0 0 0 0 0.00 138315-715 641950 Postage Freight 176 0 924 0 0 0 0 0.00 138315-715 641951 Postage 211 0 789 0 0 0 0 0.00 138315-715 641952 Freight 130 0 -130 0 0 0 0 0.00 138315-715 644100 Rent Buildings 0 0 11,500 35,800 0 0 0 0.00 138315-715 646710 Office Equipment R 2,838 0 6,162 0 0 0 0 0,00 138315-715 648160 Other Ads 349 0 1,376 0 0 0 0 0.00 138315-715 648170 Marketing And 2,746 0 1,254 0 0 0 0 0.00 138315-715 649000 Sales Tax Expense 2 0 -2 0 0 0 0 0.00 138315-715 649030 Clerks Recording 29 0 -29 0 0 0 0 0.00 138315-715 649100 Legal Advertising 151 0 99 0 0 0 0 0.00 138315-715 649990 Other 0 0 -375 0 0 0 0 0.00 136315-715 651110 Office Supplies 3,129 0 -629 0 0 0 0 0.00 138315-715 851910 Minor Office 1,337 0 1,663 0 0 0 0 0.00 138315-715 651930 Minor Office 4,939 0 -4,939 0 0 0 0 0.00 138315-715 652920 Computer Software 7,181 0 1,929 0 0 0 0 0.00 138315-715 652990 Other Operating 208 0 792 0 0 0 0 0.00 138315-715 654110 Books Publ& 158 0 292 0 0 0 0 0.00 138315-715 654210 Dues And 824 0 176 0 0 0 0 0.00 138315-715 761100 Land Capital Outlay 238,074 0 116,928 61,900 0 0 0 0.00 138315-715 763100 Improvements 0 0 81,947 570,500 0 0 0 0,00 138315-715 764990 Other Machinery 0 0 -611 0 0 0 0 0.00 Expenditures 3,017,682 0 3,132,223 3,353,100 0 0 0 0.00 138315-715 Immok CRA Grant Revenues 138315-715 334420 Transportation Fdot 0 0 61,947 61,900 0 0 0 0.00 138315-715 337310 Water Mgt Cip Big 0 0 0 200,000 0 0 0 0.00 138315-715 487999 Reimbursement 2,572,005 0 3,070,276 3,131,400 0 0 0 0.00 Revenues 2,572,005 0 3,132,223 3,393,300 0 0 0 0.00 I ■ 919010-715 Reserves Revenues I 919010-715 489200Carryforward 0 0 0 -40,200 0 0 0 0.00 I Revenues 0 0 0 -40,200 0 0 0 0.00 989010-715 Interest Revenues 989010-715 381170 Interest Sba 83 0 0 0 0 0 0 0.00 , 989010-715 361180 Investment Interest 318 0 0 0 0 0 0 0.00 Revenues 401 0 0 0 0 0 0 0.00 ' Fund Total Expenditure: 3,017,682 0 3,132,223 3,353,100 0 0 0 0.00 Fund Total Revenue: 2,572,406 0 3,132,223 3,353,100 0 0 0 0.00 Fund Balance: .445,276 0 0 0 0 0 0 0.00 GovMax V6 6 1/1712014 1681 • . .. Exhibit 17 FDEP Report Damage claim . i • } g :3 , JOHNS FAST t(t`�! C 'PIN �INCe �,. ,��jr M ;C�'l[C�'4i A 3 1 P.O.BOX 4175•SARASOTA,FLORIDA 34230•TEL(941)9074100•PAX:(941)907-7224 I• i i January 5,2006 COLLIER COUI TY RISK MANAGEMEN'It'DEPARTMENT DATE REGCI V£0 13U1LD1HOD i ,IAN 3301 EAST TAM1AM1 TRAIL 2006 • i,I NAPLES,1"'J., 341121 4Z ( hGhl4EN r ATTN: Skeree Mgdiavilla , • RE: Insured: 1 Collier County Claim No.: i 05••166 Claimant: 1 Sharon Tints : Date of Lose: 7-29-05 t Our 1?tle NO,: 025003 573 1 i . Dear Ms.Mediavilla: j , ENCLOSURES i A 1, Adjuster's Repair Estimate • A.SS911.&I ; We were requested to complete an appraisal of water damage at the claimant's residence on 8-4-05 1 Animism, i + W e met with the claimant,Sharon Tims on 8-11-05. She explained that the drainage ditches in front of her resides a were blocked and caused water to back up during heavy rains on 7-296-05 q and intrude her resi lenee through the front and side doors. i The drainage dlteh s and pipes had been cleared prior to our inspection and appeared to be in good condition, 'Those viere cleaned alley 2 requests by Tims and a call to Commissioner Colletta. t had !bvious signs s of water damage in the living room,hall,2 bedrooms and the den, The baseboards were pulling away from the walls and the drywall was soft in places. The living s' room and ball haveltile that could be cleaned. The bedrooms and the den had carpet that could also be cleaned, Padding under the carpet should be replaced. Rooms would need painting after replacing drywall and baseboard. There was also a large amount of contents in the rooms for removing and resetting. • We have prepared tite enclosed adjuster's estimate outlining the necessary repairs with appropriate i j depreciation. Although the house is older,most of the work is cleaning and minor repairs that • it . i ■ I 1681 ... . . „ . . . . . . . . .. . .... . . . , .1 i .1 . . • . ; 1 1 . . . . i 1 Collier County Attn:Shereo Mcdia'illa January 5,2006 Page 2 oft ` would not have dClirecintion applied. Therefore,the ACV is not significantly less than the R.CV. . The RCV totals$4,791,12 and the ACV totals$4,300.22. I Ti'utiT itr?tt ili.ireuU[nl Our field file is no4,closed. i I 1 Sincerely, it i a 77,1 4,5. --/---k-t_---,Mark Winters,AK I j 1. JOHNS EASTERN COMPANY,INc. ' (877)871»7345 l t Unolosures 111 Cc:Johns Eastern Company,Attn:Laura Primer - ; E ! 1 i • i • 1 1 . • I i ;1 • i 16B1 . , . . : , f Johns''astern Company,Inc. P.O.Box,417S Sarasota,lWL 34230 t?94l)90713100 ax((941)907-7224 - a ,°� o i i JOW l - t V i S„ k)- � M 4 Afi OS•iGG Liability Q.00 4 Ensured: Sharol Tiu Homo: (239)657-3583 ■ i Property: 202 Binds Avenue Ilnmoicalse,FL 34142-4318 , E Business: (877)8714345 Claim Rep,: Mork.tlVinters t i Business: P_O.Box 4175 Sarasota,FL 34230 Estimator: MorkWinters 13usbress: (877)87 t�'/345 _r 1 Business: P.O.Box 4175 Semi's,FL 34230 I Business: (239)774-8415 Company: Collie's County Business: 3301 Last Tamiami Trail,Bldg.1),Risk Mngt. , Naple ,FL 34112 E i -�- Date .Received: 081Q4105 i Date of Loss: 07/29(05 Date Entered: 01l04JOG Date Inspected: 08/11105 r i _ Price List: FLNA2S6A ltestolat ion/ServicelRontode(with Service Chat>es Broken Out Bstimate: 3573' �T t-----7— is ,R� cs5') ' }=F_'�':- ---Wa-t °-'7 fit,'f`i't fir_ km./ i ? ... 4 i-,��y vit.,� 7fiti� ». � �r le' ,'?h�- ,, S \ r.r ,2A.F, ,'I'vr,;iY -..�`'_,„,,, „,tsdi o st.>,,1 a.. �5 .,r, T a t :7. Tits nstor or re subject mttb pe ibiln FINAL these APPROVAL i Please call Johns Eastern Company�if you or your�tractor/r paimu an l vc contractor or repairman P � any questions about this estimate. . ____� -- • _____-.— 1 i 4 1 i f E s i I i . , Y . 1 1 1 6 B 1 . 1 , , . ■ I 1 ' Johns intern,Company,Inc. r P.O.Box 1175 _ -- _._ __. Sarasota,FL 34230 ?a 7- 1 ;y x 41)90(941)07••700 224 3573 4 !Room:Living TOM Lx4' U 13'O"x X2'6" x 8'¢" ,. `-�.....� _ ....__--• 162.50 SF Ceiling �a�, � •'` > ' 408.00 Sr Walls 162.50 SF Floor � i 570.50 SP Walls&Ceiling 51.00 LF Floor Perimeter 14,00 SY Flooring 100.00 SF Short Wall •I 104.00 SF Long Wall 51.00 /IT Coil.Perimeter 1 t? X41 °.r-r sT;._.��4`�y 7 r,Agr C�S�1�}1]I(�gt�X 2 �! -1Y ��at = .,s=`r, r�.-itti'.� t'= �s K)d-21/n*� ..a .. ` 'S.00LF 2. 139.74 i, fi3 111,.16 I 3 . 4 12.88 Paint t Base lard-2 o coats 1 51,00 LP 1.01 2.88 13;.44 R&R 1/2aboyw ll-hn , 51.00SI/ 2.44 124.44 P&R 1/2"drywall a1�rogZ��all the floated,ready for p G9 36 20 .08 way around room 40$,00 SF 0.68 277'44 10.34 3 •02 Seal then oor slat the -2s(2 is(per 2 00 BA 20.68 41.36 Paint door slab only 2 coats LO 79 3 37 side) 2,00 SA 21.58 43.16 Paint door/window trim&jatub-2 0.79 fi .13 coats(per side) ; iG2.50 SF 0,37 60.13 0,00 2 :id Clean floor-the 1.00 PA 28,41 28.44 Window blind-horizontal ot 104.36 - 0.00 10.36 vedleal-Detach&reset 1 4.00 1111 26,09 Content-Manipulation charge-peg' hour-13xtra for moving large amount of eontenls r1h .,�:�+ 4r c*',y-'�`� '1'.cf-irffj'r2.,�.{��s�S�y�I1V�.�5 Ft��Ay}s��j)i3�i9 yc?��- ��s' �.��QRlli''>�oi't+l�,t�l;iv� �obr�tt�. r�A_�, DMA-1..12'0" x 3'0" x A,i„ ""'',i., -- ` / 'J% 240.00 SF Walls 36.00 SF Ceiling �'�r ; 36.00 SF Floor �!r 276.00 SF Walla&Ceiling 30.00 LF Floor Perimeter A 4.00 SY Flooring 24 00 SP Short Wall 96.00 SF Long Wall . 30.00 1.F Coil.Perimoter i ti fI 0 .'+x'y�Ys- t -a �ti!. fP.v-�� P _.0 p L.-IC/VT:1 A ��ck��.��*xf,` ., Anita��L �,�3 �-�-• `82.20 � 17.40 Gq,: �n 30.001 F 2.74 7,58 64.:0 paint Baseboard-2 olc' ` 1.01 30.30 7,.22 Faint baseboard-hvo coats 30.00 LF 2 44 73 20 0.00 30.00 SF R&R 1/2"drywall-hung,tripod, floated,ready for paint-1'tip all the way around room t 1 01/05/2006 P ge: 2 3573 I 1 1681 1 1 I f . . . • . , , 4 . . Julix>ts I astern CUI)1])A)l'�Die, P.O.Aoxi4175 Sarasota,•FL 34230 (94090713100 fax(941)907,7224 E CONTINUED-Hallway 1 #t ', L I €si i i 1! 4 :ar.). N-frY q^ (1�tible f, Ff . i'_'F �1fr �`" J i, i30.,:„ 3 �^u Aa%)e hn,, ,�t �Ul�_.7fi.>s'L'r}`. �Z.14_t -:l.NE 3I .S...y=Z1i.v"I! _ Y �fe V:4 ,.:.v.+,. ZSi.6.14,2-44,2'.�: •rs,.ta�'w'' . -1. Seal then point the walls( coots 240.01 F 0,68 163.20 40.80 12 .40 Point door slab only-2 coats(per 3.00 BA 20.68 62.04 15.51 4 .53 lido) Paint doorFVindow trim&jib••2 3.00 BA 21.58 64.74 16.19 4'.55 coats(per sido) Clean floor-tile i 36.00 S17 037 13.32 0.00 1.32 1 �1. .ri%x4,r1 V �, ,) iF. ;5-ti.[ ^t�s'-'�' -',cagif�rV,`>'?,+`'.-fix �i'y.�",�" 14,11:'., 2 Pg3A2TJ_: (�i»i)�fl� i) i l)A) u7 ..,, ti :__ u1 1..,-"r' ? t?. k a�x �_.unst � � t ! I-a,a 1 1 •I } ;Room Bedroom 1 LxWxIi 9'6"x 9'4"x 8'•I" r�dl r'r��••J� 111 + 301.33 SF Walls 88.67 SFCeil ng 1 ^`:;1�r j'h 390,00 SF Walls&Coiling 88.67 SF Floor 9.85 SY Flooring 37.67 L.F Floor Perimeter i 76.00 SF Long Wall 74.67 SF Short Well 37.67 LF Cell.Perimeter • 1 I '.,:ilA Iti l YaQ r or, rFl% -a rot tt `; 16B1 . • , i l , ' ----- 1 ' ' ' ' Johns 4astexn Comptutp,1i . _ .1 1).0.13m:1,4175 3 Sarasota,FL 34230 (941)90773100 fax(941)907 4224 1 l L WxU 9'6" x 9`�1"x 8'i " I Room:Bedroom. pmr: T ' ,, 301,33 SF Walls 88.67 SF Ceiling ^tip i 390.00 SF Wails&Ceiling 88.67 SF Floor 9.85 SYFloorlug 3'1.67 LF Floor Perimeter I 76.00 SF Long Wall 74.67 SF Short Wall , 37.67 LP Cell.Perimeter ..�-�. ' - f��-�- n=. 'q � "'1 rfi��,y��r'?^ �j, =�cY�' r-'1��ti ¢�'tiE�z��S�r�Gd� ,.l - (}'}f�y{ p� r.4inJ kkAt'ti#TxF 9 , �j£ 1 QR nJ (_t1 iil� i l ! 0 .,. s E' MW1...MM!`- s ,. v.rs._�..,.,`i3•�.> ,{iS�.�"' .. -�,..r_iti.tr-v+. �.h?!`��h. 3 � d.e:��_.5t.--f_- .rl��.J%�. Cletus and deodorize carpet 88,67 SP' 0.29 25,71 0.00 2. .71 MR Carpet pad 88.67 SF 0.56 49.65 0.00 0 .65 Lay existing carpet-labor oldy 88.67 SF 0.58 51.43 0.00 1.43 Contents-move out then reset- 1.00 J A 49,32 49.32 0.00 ,32 Largo room 1 rye y ��} .;j z �*�jf'-��i,:. 2a[�� ,,'rs z- �n r-._ i j-':' '1st i w, Ii o if,:i. ll� .-, ��0,-,,k7s 73.4/tii��3 r6 � 11 � {tl��lt�NO(tVttl� L712!� -a*'�3:....y:Jj',L -5: S.,n �1�1t�+Y,:i%J a..--mss• .�-iii i,-�. "01. • ' l . {Room.::pelt lLxWxl1 '11'8"x 11'4"x 8'l" i'' . /',4,,^ i 368.00 SF walls 132.22 SP Ceiling ^"^^ J �� 500.22 SF Walls&Ceiling 132.22 SF Floor 46.00 LF Floor Perimeter 14.G9 SY Flooring 93.33 SF Long Wall 90.67 SP Short Wall a€ 46.00 LF Coil.Perimeter �1. Subt'ootu 1:ball r,xWxR 8'0" x 3'9"x 8' " "'`. .--l ,.> T 30.00 SF Ceiling 1 C y ,,; 188.00 SF Walls 30.00 SF�'•4,*-3 1 218.00 SF Walla&Ceiling 1 i 3.33 SY Flooring 23.50 LF Floor Perimeter " 64.00 SF Long Wall 30.00 SF Short Wall • 23.50 LF Call.Perimeter 9i'i' }�jry �.*�g'(} ��'!E-y�.(4.'R�r�f� 1'r�Zi liF!�i'1�]1��`(�Yi��I..� •:�i��t! III,' -.,11'M;ni3O i l7g2..;f,''el� 'A.�:1'L`M j'? ]:°-- 7,�-'��.. S:n`- ;i;�tl!uTt'Kk�: -Aga:g!!-,.,"�;fi:v�.Y. "a.:-r ET.,,?n.,- Yd &R Baseboard - 69.50 LF 2.74 190.43 40,3 IS .1.2 R&12 Baseboard-2 114" Paint baseboard-two coats j 69.50 LF 1.01 70.20 17.55 5.`.G5 Lt&lt 1/2"drywall-hung,taped, b9.50 SF 2.44 169.58 0.00 16 .58 ; floated,ready for paint-1'tl all the ; way around room Seal then paint the walla(2 dIonts) 556.00 SF 0.68 378.08 94.52 28, .56 Paint door slab only-2 coats(per 2,00 13A 20.68 '1 1.36 10.34 3 .02 s sida) i 1 i l 01/05/2006 Ps go: 4 ti 3573 16B1 • c A Jhu§F nsert _ t5 n • . _ . . . ___ ' P.O.Box 11,175 Sarasota, .1. 34230 f941)907 3100 ! ax(941)Q07-7224 y I 1 1 -Don 1, I . 0-I 7 " _4_:i.PN 7 ' anV k T i�34,NVaYEl 1�� WS Paint doorlvindow h1m&j�p -2 2.00 EA 43.16 10.79 3i37 47.04 0,00 �4•cOr{ coats(per aide) 162.22 SF 0.29 0.00 r1r09 Clean and deodorize carpal 162.27 SF 0.58 9'f 09 0.00 9Q{85 I Lay existing carpet-labor atilt 162.22 SP 0.56 90.85 0.00 2Q_44 }h ow Carpet - 1 28.44 28.44 . Whitlow blind-lrorizontnl or 1 AO BA 104.36 0.00 It]• 36 vertical-Detach&reset t 4.0011it 26.09 1. Content Manipulation chargd-per Lour-Bxpx for proving lnr'g4 amount of contents { tF,k i �}K ,,F��73j L r�x�$tiOQ +! r �[- 1 r ..a .i'�y i �.�,3��ry �T� ',, i�1 i4 =K f -+ -��s �.{-t 'a7- �(Ir�)9�r:Z�t lr1'SS1n1�1 .�.;i �� (In�U:L�(tli$1�l l:tt hl-.l. �:`s �Lf:[!�t" �t�. ru. w� ".y.F(•{a F�.��"L/ 1 �� :,7 ��_'�Y��.L'�_L..s.�... ...b�.,l- t F �F 'fir A, - J --611 5 .3_�n�Th"£f,2 ;�i�. .`.;;?�(G`',j0Ul >;��)Ot 119ifjKZ. s .=..s,_i�j._. tr7::._'11`�fr ..j s..s:..�_. - _ iM i ti ti01 sebt 4)) C rl t 11 ;"6 0 i,r�tiI- . N 3 .� _ 41 k _ 'V:.65.i.r I Vna.1uf dMJ KI3 e- li t Carpenter-Finish,TrinlCabitr0l 15 Floor Cleaning Technioian i 6 30 Drywall Ins tal1errFinishor 36452 Flooring Installer 15 00 Hardware lntoler 1 113 50 General Laborer 2 . 0 Painter _-.7_--- - 11 '09 Total Ad ustmenls for Base Sd vlee Charley :r75 rY hlidj to VMi A ti J f n 91 7 y VI t r F A te_ aVS dRCO-4 PRl f teO 4i .a g-1 • 6 � I 1,806.67 SF Watts • 538.06 SF Ceiling 2,344.12 SF Walla&Ceiling d t 59.78 SX Flooring 225,83 LF Floor Perimeter 509.33 SF Floor i 225.83 LE Cell.Perimeter 509.33 SF Loon Wall 344.00 SF Short Wall 0.00 Floor Area 0.00 Total Area 0,00 Interior Wall Area 0.00 Exterior Wnll Arca 0,00 Exterior Perimeter of Walls 0,00 Number of Squares 0.00 Total Perimeter Length 0.00 Surface Arca 0,00 Arca ofCnee f 0.00 Total Hip Length 0,00 'PotalRidLiS,l,otrgtii _ .1 ' 01105/2006 Pa,c: 5 3573 ' t 1 16B1 1 1 1 , . , il , ; ' Joints Eastern Company,Inc. P.O.klox 4175 � Sarasota;B1. 34230 'i i (941)907,-3100 fax 941)907-7224 I i ,ii i I. 4:* • -T V . a f w � .1r a" a*i ' p-• f txOli k v i i s l � -1 -: 4t 't i �__:�. ANti�. t g ,y 4•asti- Lino Item Total I 2,90,39 Total Adjustments for Bas?Service Charges 9475 Material Snles Tax _ i _ W_ (i0 —. 6.500% : 530.22 - 3,9;x.60 Subtotal i OvOverhead �3 rr 10.00% 3,992.60 304).26 Profit i [e� _ 10,00% 3,992,69 __^--_,Y 3 .26 XteplaoementCost Value i �I,7�,�1,12 ' Less De rcoi ton t L-- {491).90 ^.y.:; 4 T rs iY §SaS�•' i�-�•�c' n{i,; -a^t 4'� W,F iY n ;i snH.,s�1,94* •_�Y,. ._ 7s'�....._t v.....t' :i �Cv �c r.r.�-< 'r�i.��s'��,ti? ;��.-_. 4.,,�.90 Total Recoverable Depreoi tion Net Cie imlfDepreciation sRecovered 4 1'1.12_ � s l i t Mark Winters . t s . I 1 I 3 • I i I I 1 I r f� I l t 1 1 S 1 i I I} , 1 i 3513 01/05/2006 Peg': 6 t , r 16B1 i . , , 1 _l____, , , . , . . , Johus 4astorn Contpauy,inc. P.O.Box 4175 Sotasoteor L 342,30 (941)907{3100 3 fax(941)07.727.4 i I 1 gr it, 0160 : fi `ssgt °<i -'_�1 f:a`k'. ,=~ � r.f. y. �- _ 3 (V-16-17;:,iP Estimate:3513• `' Living Room I 870,56 2149°% lialttvay t 489.00 12,3 /o 15 Bedroom 1 i 176.11 4.15 Bedroom 2 t 176.11 4. S% Den !,257.59 3141% - Subtotal of Areas 2,969.39 7.51% Base Service Char ;,,_.i....7..._.?,,e s 1 " � rivi S o.:- , AE a i 1 ii t,pc ,,xtm s � 0. 455. Tilifig = ' .,,,y..;ic ' c .p.v-e7. , 4! . :.� , ;;„re,d. 4.•.�... � e.. �y.h _ -.t ,V..., i r I I i i i I t. I i i 1 i i y ii I I ■ i 3573 01/05/2006 rag.: 7 f I I I 16B1 i , . 4 • ' Johns 1astern Company,inc,�LL P.O.Box1417$ t il Sarasota,,FL 34230 J (941)90713100 4 fax(941)f 07-7224 I i s tom' -t ✓ y[�G''r '� � t ";`�i=�s G `h` ti��`S�{,��c1:ita'r' �' ti�i hr a i-:� '=:� °ca3 ''7 a'�r�Y:01 _ -.,g. !:'... `.X5.7+„... t'rL'—. !tr; .- Q✓ r�"'�,[ie—, 4-"kT..tu qG }%"11.—�a til g .`3,c '1G f''?'''';.1&._(�.kri--A.of yrt}.' O&P Items _ RCV Deprec. Ail V CLEANING'ANING' 1 171.91 171; 1 CONTENT MAIVIpuL&'PION 307.36 3076 GENERAL DEMOL1T1O1I 167.17 1677 DRYWALL 304.01 304, 1 FLOOR COVERING-CAtll'1 T 346.35 34015 FINISH CARPENTRY/TIiIIVIWO1tR 349.16 8'1.29 261, 7 PAINTING 1,266.55 316.65 949, 0 WINDOW TREATMENT 1 56.88 _ _ _ ,6 8 _ Subtotal ( 2,969.39 403.94 2,561 I5~ Brio Service Charges i 988.75 9885 Material Sales Tex ( 6.500% 34.46 5.14 29},/2 Overhead 1 a 10.00% 399,26 40.91• 3581 5 Profit I @ 10.00% _399.26 40.91 3585 O&P Items Subtotal � ,. 4 7 91.:,12 .J...,. 1 490....9 0 . 4 300' 2 ',.,,,-,,,,,,,,,r,A.-_-,-t vt ? t, 1 ;(15ch H iy w tF C ni n . -rl F ^4 91--u� `��)A-��.6 ,gLA.1: 0",Q4I0'9nA 1 4 I • • + i i z 1 ■ i f , ;a . ti 3573 01/05/2006 Ng : 8 it . I 1681 ,, . . . .. . .. . ....._..• . ", Case report for Florida Department of Environmental Protection . i %Ali Mulls exist ''� ' ;,'•'t�Ij'� :`� ;;r%�tAWA, `�� 1 a� JeffKotikamp • Protection l'- i ��''. i''" i 1! Lt.Governor ' ,:;:: South District Office Melnel W.Sole P.O.13ox 2549 Fecrreln,y Ft,Myers,Plorlda 83902.2649 , CI3RTII!IBD MAIL NO.:7008 0180 0003 1058 6042 RETURN RECEIPT RBOTJ STEJ ' i October 27,2008 I ttva Deyo Executive Director Ianmakalee Water and Sewer District 1020 Sanitation Rd. Immokalee,PL 34142 Email: eyldoXoHllw-scL4on1 RBI Collier'coltnIy-PW Immokalee Wastewater Treatment Plant PLA014132 Dear Mrs,Deyo: The purpose of this latter is to advise you of possible violations of law for which you may be responsible, and to seek your cooperation in resolving the matter. A site inspection indicate that violations of Florida Statutes(Pa)and Rules may exist at the above-described facility, 1, From September 20,2008 to September 28 2008,raw sewage spilled from a manhole and two laterals on 13th St in Xmeaokalee. The total amount of raw sewage spilled was 63,000 gallons. Florida Administrative Code(P.A.C.)62- 600.740(2)states the following acts and the causing thereof are prohibited. a.The release or disposal of excreta,sewage,or other wastewaters or domestic wastewater residuals without providing proper treatment approved by the Department or otherwise violating provisions of this rule or other rules of the Florida Administrative Code. 2. State warning point was not notified of the spill until September 28,2008. P.A.C. 62-604.580(a) states unauthorized releases or spllls in excess of 1,000 gallons per incident,or other abnormal events where information indicates that public health or the environment will ho endangered,shall be reported orally to the STAVE WARNING I'OINT`1'Oi,L FRGIi NUMBER(800) 320-0519 as soon as practical,but no later than 24 hours front the time that the owner/operator becomes aware of the circumstances. Page 1 of 2 1681 •. Please contact&lib Klein ill anxi at(289)332.6975,ext.182 or at the letterhead address within 15 days of receipt of this Warning Letter to arrange a meeting to discuss this matter. The Department is interested in reviewing any fasts you may have that will assist in determining whether any violations have occurred. You may bring anyone with you to the meeting pat you feel could help resolve this matter, PLEASE BE .AJ7W$ED that this Warning Letter is a part of an agency investigation, • p • rolin'dnaty to agency action in accordance with Section 120,57(5),P.S. We look forward to your cooperation in completing the investigation and resolution of this matter Pursuant to the Americans With Disabilities Act, any person requiring special accommodations to participate its this meeting/workshop/hearing Is asked to advise the agency at:least 48 hours before the meeting by calling the Bureau of Personnel Services at(850) 245.2511, or by calling (800) 955.6771 (TDD)or (800) 955-8770 (Voice)via the Florida Relay Service. Sincerely, w� Ian 14•Igle)iart ,. w Director of District Management JMI/DWP/jl • cc: Tin Eorcen entPile • Skip CCPCPD Allen Slat ,FRWA • • • Page 2 of 2 • • 1661 1 . , • , • „opal/ Florida Department of Charlie Cris@ It r l:fiyt 1,, • Governor'• {� �lsil � �� 1��4, Fry-�t ,� �.� . + I ,�,4, . Environmental Jeff Kottkamp. c �t•( 4 T t.governor Protection li"" Michael W.Sole South District Office P.O.Uox 2549 Secretary 14t.Myers,Florida 33902.2549 RECEIVED : CERTIFIED MAIL NO.:7008 0500 0000 7775 6901 FEB 2 0 2009 WLLTLIRN RECEIPT REQUESTED II,AtOKIILEE WATI.fl&SMiII 01S101Ol' February 19,2009 Eva Deyo Executive Director Inunol<alee Water and Sewer District 1020 Sanitation Rd. Inunol<alee,FL 04142 Email: evAcleyo©,w-sd.cogt SUI3JECI':PRQPOSED SETTLEMENT IN CASE OF DEP vs IMMOKALEE WATER AND SEWER DISTRICT OGC CASE# 09-0270-11-OW COLLIER COUNTY-DW Dear Mts.Deyo: 1 Enclosed is the Short Form Consent Order to resolve the above referenced case. Please sign, date,and return this copy to the Department within fifteen(15)days. . If you have any questions please contact Kleinm at k(239)332-6975,ext.182, Your • cooperation in resolving this case is appreciated. Sincerely, 1�t).ar16_}_'.-.- '�p,7 fort M.Iglehart Director of District Management i JMI/DWI/jl Enclosure cc: Enforcement Vile s i 'Moro Protection,Less Pr000ss" 16B1 SHORT FORM CONSENT ORDER I+ebruary 19,2009 Eva Deyo lixecutive Director Immokalee Water and Sewer District 1020 Sanitation Rd. lrmmokatce,FL 34142 ilmail: evadeyoqtv,-scl.cona St3BJk?CT: Proposed Settlement of lmmokalee Water and Sewer District • OGC File No,: 09-027041-DW Dear Mrs.Deyo: The purpose of this letter is to complete the resolution of the matter previously identified by the Department in the Warning Letter dated October 27,2008,a copy of which is attached. The corrective actions required to bring your facility into compliance have been performed. The Department finds that you are in violation of the rules and statutes cited in the attached Warning Letter. In order to resolve the matters identified in the attached Warning Letter,you are assessed civil penalties in the amount of$2,000.00,along with$250.00 to reimburse the Department.costs,for a total of $2,250.00. The civil penalties are apportioned as follows: $2,000.00 for violation of Rule 61.600,740(2),Florida Administrative Code; The following acts said the causing thereof are prohibited.(a)The release or disposal of excreta,sewage,or other wastewaters or domestic wastewater residuals without providing proper treatment approved by the Department or otherwise violating provisions of this rule or other rules of the Florida Administrative Code, The Department acknowledges that the payment of these civil penalties by you does not constitute an admission of liability. This payment must be matte payable to the Department of Environmental Protection by cashier's check or money order and shalt include the OGC Pile Number assigned above and the notation"Ecosystems Management and Restoration.Trust Fund."Payment shalt be sent to the Department of Tlnvironmental Protection,2295 Victoria Ave,PO.Sox 2549,Port Myers,FL 33902-2549, within thirty(30)days of your signing this letter. Your signing this letter constitutes your acceptance of the Department's offer to resolve { this matter on those terms. If you elect to sign this letter,please return it to the Department at the address indicated above, The Department will then countersign the letter and file it with the Clerk of the Department, When the signed letter is filed with 1681 • i the Clerk,the letter shall constitute final agency action of the Department which shall be enforceable pursuant to Sections 120,69 and 403,121,Florida Statutes, If you do not sign and return this letter to the Department at the District address within 15 days,the Department will assume that you are not interested in settling this matter on.the above described terms,and will proceed accordingly. None of your rights or substantial Interests are determined by this letter unless you sign it and it is filed with the Department Clerk. Sincerely, • ee„,e-1 Jon M.Iglehart Director of District Management Doll THE RESPONDENTS: 1, � ie ��\ v on behalf of xhi,v0A4.'''e I'tJck rr 0'4- t4IIBX ACCEPT T 1l;TERMS Oil iii SETTLEM&NT OIIPflR IDENTIFIED ABOVE. By: Date •.2-btl' CJ • FOR DBI'�Il.wititsT C78�i ODIC( DONE AND ENTERED this day of ,200,_.. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jon M.Iglehart Director of District Management PILED,on this date,pursuant to 9120.52,Florida Statutes,with the designated • . Department - Clerk,receipt of which is hereby acknowledged. Clerk pate • 1681 NOTICE OF RIGHTS Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right,pursuant to Sections 120.569 and 120.57, Florida Statutes,to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed(received)at the Department's Office of General Counsel,3900 Commonwealth Boulevard,M&35,Tallahassee,Florida 32399-3000,within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the tine of filing to the District Office named above at the address Indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to art administrative heating pursuant to Sections 120.569 and 120.57,Florida Statutes. The petition shall contain the following information: (a)The name,address,and telephone number of each petitioner;the Department's Consent Order identification number and the county in which the subject/natter or activity is located;(b)A statement of how and when each petitioner received notice of the Consent Order;(e)A statement of how each petitioner's substantial interests are affected by the Consent Order;(d)A statement of the material facts disputed by petitioner,if any;(e)A statement of facts which petitioner contends warrant reversal or modification of the Consent Order;(f)A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order;(g)A statement of the relief sought by petitioner,stating precisely the action petitioner wants the Department to take with respect to the Consent Order. If a petition is filed,the administrative hearing process is designed to formulate agency action. Accordingly,the Department's final action may be different from the position taken by it in this Notice. persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed(received)within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department.Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,Florida Statutes,and to participate as a party to this proceeding, Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28406.201, i lor1da Administrative Code. Mediation under Section 120.573, Florkla Statutes, is not available in this proceeding. • i 1661 Exhibit 18 News Article • Naplesnews.com article on Tropical Strom Fay,August 23,2008 • :O Y PI or-frionlly Glory r Road morn nt na osnowa.com Fay arrived while Immokalee still waited for `05 Wilma repairs By TRACY X.MiCUEL Saturday,August 23,2005 It's been nearly three years since Hurricane Wilma's 125 mph winds whipped Immokalee,the farming community 40 miles northeast of Naples. Some of those living in Wilma-damaged homes that still aren't repaired worried this past week as Tropical Storm Fay approached. But they mostly breathed a sigh of relief once Fay crossed over the town. At the Immokalee State Farmers'Market,roofs that were ripped off by Wilma in October 2005 still weren't repaired In time for Fay. Fay caused additional minor damage,including a roof overhang on a dock,said Donald Coker,chief of state markets. As the storm approached Southwest Florida, Rick Hears,executive director of IHOPE, Immokalee Helping Our People in Emergencies,said he was concerned for the people stilt living In Wilma-damaged homes. IHOPE,a long-term disaster recovery team that helps people prepare for and deal with disasters,continues assisting Immokalee residents who were displaced when Wilma swept through Collier County on Oct.24,2005. IHOPE targets families living in damaged mobile homes and houses in Immokalee. During Fay,the 27 mobile homes that(HOPE installed and in which families have been residing since August 2007 fared well,said Heers,assistant pastor at Friendship Baptist Church. Fay blew in the skirting of about 15 of the trailers. Some of the families,such as the Lugos who live at Pete's Trailer Park on 12th Street Southeast,repaired the skirting following the storm,which flooded the streets.The rest of the trailer skirting will be repaired by IHOPE,with the support of Lutheran Services of Florida. http://www.nap1csnews.con>/nows/2008/augt23/fay-arrived-white-inunokulee-stilt-waited-... 12/8/2009 16B1 Fay arrived while Immokalee still waited for`05 Wilma repairs:naplesnews.corn Page 2 of 4 Meanwhile,36 other Immokalee families still were waiting for Wilma relief as Fay arrived. A second batch of trailers that!HOPE bought for$500 each from the Federal Emergency Management Agency arrived in late December, but problems with the original contractor caused a delay of six months in getting them ready, Heers said. Of those 36 trailers,so far 10 have been put on sites and are hooked up.Each home costs about$5,000 to set up.Owners of Tara Park,a trailer park,have offered to pay for the set-up costs. Once the mobile homes are tied down and hooked up,Collier County government staff must inspect the homes before families can move in. (HOPE is setting up 10 trailers on private lots and other trailer park sites at a time, Hears said, He didn't have an estimate of when all 36 trailers would be ready for residents to Inhabit. Currently,20 more hurricane victims from Wilma are on a waiting list for mobile homes, "We know they've been patient,but they need to continue to be patient,"Heers said. !HOPE plans to ask FEMA for 20 to 26 additional trailers. There also are plans to rebuild four houses.They used to be IHOPE's houses,but Heers said they determined the units were too damaged for the organization to repair so others took them over. For one of the homes on Third Street South,the State Housing Initiatives Partnership program provided$79,000 and another faith-based effort resulted in$40,000 raised by IHOPE. For the other three homes, $415,000 of Disaster Relief initiative funds and$75,000 from the Federal Home Loan Bank were received. Nearby,at Farm Worker Village,where 3 feet of water entered homes during Wilma, Fay's waters soaked the grounds but didn't threaten to rise into the units. After Wilma, Farmer Worker Village replaced culverts and added a now drainage ohannel. The Village made it through Fay well,with yard debris,standing water and one broken window reported,said Essie Serrate,executive director of the Collier County Housing Authority. http://www.naplesttews.com/news/2008/aug/23/fay-arrived-while-immokalee-still-waited-.., 12/8/2009 16B1 Fay arrived while Immokalee still waited for'05 Wilma repairs :naplesnows.com Page 3 of 4 . , "I think we did very well with this partially storm,"Serrate said,adding that residents took it in stride this time. The Collier County Housing Authority is moving forward with plans to rehabilitate the oldest 34-year-old buildings of Farm Worker Village--the units that saw the most devastating floods during Hurricane Wilma, The improvement is part of a$9.2 million rehabilitation made possible by the U.S. Department of Agriculture for 150 low-Income units in Section A of Farm Worker Village.The federal agency won't release the money until the Housing Authority has everything in place for the project. Although Wilma and Fay both have now passed through Immokalee in the past three years,the Housing Authority still prohibits residents of the 011 units from boarding up the homes. Serrate said from the authority's perspective,they are Just like any other landlord. "We feel that If the residents have the ability to board up on their own they could cause structural damage to the unit,"she said. Although the Immokalee State Farmers Market sustained just minor additional damage from Fay,it remains one of two markets in the state that hasn't received enough money from the Federal Emergency Management Agency to rebuild from prior storms, state market official Coker said. The state markets department is also waiting for FEMA relief for a market in Florida City,Coker said. Coker,who monitored Fay as It crossed the state and potentially affected other markets,said his concern was the excessive rain. "In a week,they'll all be fine,"Coker said Friday. On Wednesday,Jerry Hubbart, senior market manager in Immokalee,said the water drained well after Fay,which closed the market Tuesday. "What was damaged,has been damaged ...There wasn't anything left to be blown away,"said I tubbart,who has worked at the market for 20 years. The Immokalee market received$112,444 from FEMA and$28,110 in insurance money from the state,but all of that money was Just enough to pay for architectural and engineering costs toward repairs,officials said. The total estimated cost of reconstruction and rehabilitation of the Immokalee market is $9 million. littp://www.itaplesnews.cominews/2008/aug/23/fay-arrived-while-lmmokalee-stiil-waited-... 12/8/2009 1681 Fay arrived while Immokalee still waited for`05 Wilma repairs:naplesnews.com Page 4 of 4 . t "The biggest problem right now is the proviso's language in the appropriation bill," j Coker said. FEMA payment Is made on the actual cost after the project is completed, FEMA officials said. Since July,FEMA has written additional project worksheets for the Immokalee State Farmers' Market,totaling$1.5 million of the predicted$9 million total. This brings the total FEMA funding for the Farmers'Market repair projects to about $1.97 million,Jim Homstad,a FEMA spokesman at the agency's Florida office In Lake Mary,wrote In an e-mail. in immokalee,one market building will have to be torn down and three completely rebuilt,Of the nine packing units,at least one building needs major roof repair and two other units need minor repairs from damage caused by Hurricane Wilma. As the market waits for more federal money,revenue has decreased with fewer units leased due to the condition of the buildings,Hubbart said. About nine tenants were displaced due to Wilma.Twelve tenants remain In the market. At the market's peak,it had 28 tenants. In lmmokaiee,as across Collier County,a preliminary damage assessment for Fay still was being completed Friday that will determine if the county is eligible for additional federal assistance under a major disaster declaration signed Thursday by President George W.Bush, Homstad said. An estimated amount of damage for immokalee wasn't available as of Friday afternoon,said Jim von Rinteln,Collier County Emergency Management coordinator. "Immokalee has damage, probably not on the scale of the coastal area,"von Rinteln said. Immokalee had no reported wind damage,but has flooding and a tree that foil on a houeo. If Collier County qualifies for federal assistance, so would Immokalee. ®2000 Scripps Newspaper Group—Online http;//www.naplesnews.cornlnews/2008/sug/23/fay-arrived-while-Immokalee-still-waited-,,, 12/8/2009 I