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Agenda 10/25/2016 Item #11D 11.D 10/25/2016 EXECUTIVE SUMMARY Recommendation to approve an Agreement with the Urban Land Institute (ULI) to convene an Advisory Services Panel in Collier County to result in high level housing policy recommendations and therefore assisting in the process of the Housing Plan Development; and to waive competition declaring this a single-source service and in the best interest of the County. OBJECTIVE: To provide affordable/workforce housing in the County and to further the goals set forth in the Housing Element of the Growth Management Plan. CONSIDERATIONS: As a result of the March 1, 2016 affordable/workforce housing workshop staff was directed to develop a request for proposal (RFP) to solicit a partner/consultant to work with the county to develop a housing plan to include policy level recommendations and an implementation plan. On June 14, 2016 the BCC approved the project charter and funding, and formed a stakeholder group through Resolution 2016-135. The RFP(#16-6689)was released on August 3,2016,and, even with an extended deadline,has generated little interest and no submissions to date. When informally inquiring with firms that might normally bid on this type of project as to their reasons for not participating in the RFP staff has learned that some firms are not seeking additional engagements at this time, and some prefer to focus on the implementation activities with specific deliverables rather than prolonged, labor intensive public participation information gathering and policy recommendations. Only one firm attended the pre-bid meeting, and only one additional inquiry has been received by the Procurement Services Division with respect to the active RFP. Based on this feedback, along with the support of the Affordable Housing Advisory Committee and the Stakeholder Committee, it appears that it may be in the best interest of the County to separate the policy level work and implementation work into two distinct phases completed by two different firms. Phase one would be the public outreach and participation and high level policy recommendations, and phase two would be the implementation approach enacting those recommendations, also to include significant constituent input. As the BCC and our community have been examining this issue for well over a year, it is recommended that instead of procuring one consultant/partner for both, the policy level analysis and implementation tasks, the engagement be separated into two parts. This is recommended to be in the best interest of the County,with the following planned outcomes: • Policy level recommendations months sooner than originally planned • Obtain expert and unbiased input from high-level professionals that are not otherwise available for engagement/consultancy • Streamlined focus implementation activities with a competitively procured partner In pursuit of the policy level partner/consultant, staff was made aware of the Urban Land Institute's Advisory Services (ULI). The ULI is a non-profit research and education organization whose mission is to promote responsible leadership in the use of land, including housing. The ULI conducts research, performs analysis, provides expert advice, and develops best practice recommendations that reflect the residential land use and development priorities of ULI members in all residential product types, with special attention to workforce and affordable housing. Packet Pg. 372 11_D 10/25/2016 The ULI offers an Advisory Services Program where they develop teams of experts in real estate, -, planning, development and finance to provide objective unbiased advice on addressing challenging housing and related land use issues. Their services include convening a week long panel of national experts to perform extensive public outreach and research in our area to develop high level policy recommendations. The Urban Land Institute Advisory Services is the only organization that provides multi-disciplinary teams of practitioners (developers, land economists, designers, planners, economic development experts, engineers, market analysts, etc). This approach will take the place of phase one in the previous Housing Plan RFP allowing Collier County to receive expert unbiased advice and recommendations from top-level professionals in their fields,whose services are not for sale or available through any other means. Unlike hiring a specific consultant, using a ULI panel will help ensure unbiased and broad advice from experts from other regions. Collier County is not alone in requesting advice from ULI panels. Jurisdictions in Florida such as Manatee County, Hillsborough County, City of Tampa, Pasco County, Osceola County and Amelia Island have all had ULI panels review specific issues and make recommendations in the past few years. Staff has reviewed several of those engagements and found the contract terms, including cost, to be substantially similar to this proposal. ULI reports that each of those engagements(as well as every ULI panel commissioned since 2006)was also procured as a single-source service. This approach will yield a far superior, more policy level result than first anticipated. The results will be unbiased, and will be achieved in a much faster time frame than originally contemplated in the RFP. If this item is approved the RFP will be cancelled and reissued to focus on phase 2 tasks and competitively bid allowing the selected partner/consultant to benefit from the results and recommendations of the ULI Panel. The sole source services purchased through this engagement will be a week-long Advisory Services Panel provided by the ULI.Key elements: • Multi-disciplinary top-level national practitioners/experts will convene in Naples to conduct extensive public input sessions and research to formulate high level policy recommendations specific to Collier County • At the conclusion of the week, the panel will present their recommendations to the BCC at a public workshop • Approximately 90 days after the presentation Collier County will receive a hardcopy report detailing the panel's recommendations After due consideration,this approach was recommended for submission to the BCC for consideration by both the Affordable Housing Advisory Committee (AHAC) and by the Stakeholder Committee at their respective September 12,2016 meetings. The proposed ULI Contract was approved by the AHAC at their 10/17/16 meeting. The Procurement Director recommends pursuant to Procurement Ordinance 16-69, as amended, Section Nine Formal Competitive Threshold, B.2., for the Board to waive formal competition in the best interest of the County and authorize a waiver for single-source services. FISCAL IMPACT: The amount for the ULI Advisory Services Panel is $135,000. The ULI Foundation is contributing $10,000 towards this project, leaving $125,000 to be paid by Collier County. Funding for development of the Housing Plan has already been allocated by the Board of County Commissioners and Packet Pg.373 11.D 10/25/2016 is available in Fund 116(cost center 138711). LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The Procurement Ordinance contains the following definition: "Single source refers to situations in which only one vendor is chosen to provide the goods or services because of its specialized or unique characteristics." (Ord.No. 2013-69, § 4) It is the County Attorney's opinion that the Urban Land Institute clearly has both specialized and unique characteristics. As a single source provider,the Procurement Ordinance provides as follows: Exemption For Single Source Commodities: Purchases of commodities and services from a single source may be exempted by the Board of County Commissioners from formal competition upon certification by the Purchasing Director of one the following conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements; or 3. The requested exemption is in the County's best interest. (Ord.No. 2013-69, § 9) The Purchasing Director has certified that the requested exemption is in the County's best interest. With that said, this item is approved as to form and legality, and requires majority vote for approval. - JAK GROWTH MANAGEMENT IMPACT: Acceptance furthers the Goals, Objectives, and Policies of the Growth Management Plan and specifically the Housing Element. RECOMMENDATION: That the Board of County Commissioners approves an agreement with the Urban Land Institute (ULI) to convene an Advisory Services Panel in Collier County to result in high level housing policy recommendations and therefore assisting in the process of the Housing Plan Development; and waive competition declaring this a single-source service and in the best interest of the County. Prepared By: Kim Grant,Director,Community and Human Services ATTACHMENT(S) 1.Attachment A-ULI Advisory Svcs Scope Stmts (DOCX) 2.ULI Contract-CAO Stamped (PDF) 3.Waiver Request 40 -Urban Land Institute APPVD (PDF) Packet Pg. 374 11.D 10/25/2016 COLLIER COUNTY Board of County Commissioners Item Number: 11.D Item Summary: ***This item to be heard at 10:00 a.m.***Recommendation to approve an Agreement with the Urban Land Institute(ULI)to convene an Advisory Services Panel in Collier County to result in high level housing policy recommendations and therefore assisting in the process of the Housing Plan Development; and to waive competition declaring this a single-source service and in the best interest of the County. (Kim Grant,Director, Community and Human Services) Meeting Date: 10/25/2016 Prepared by: Title:—Community&Human Services Name: Cormac Giblin 10/18/2016 1:08 PM Submitted by: Title: Division Director-Cmnty&Human Svc—Public Services Department Name: Kimberley Grant 10/18/2016 1:08 PM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 10/18/2016 1:15 PM Procurement Services Lissett DeLaRosa Level 1 Purchasing Gatekeeper Completed 10/18/2016 1:43 PM Procurement Services Sandra Herrera Additional Reviewer Completed 10/18/2016 2:19 PM Procurement Services Ted Coyman Additional Reviewer Completed 10/18/2016 3:45 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/18/2016 4:19 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/18/2016 5:04 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/19/2016 11:54 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/19/2016 12:00 PM County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/19/2016 1:52 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/19/2016 2:05 PM County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/19/2016 2:50 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM Packet Pg.375 11.D.a ATTACHMENT A ULI Advisory Panel 1. Why is it important for the county to have a balanced supply of housing, in terms of type,tenure, attainability, access and distribution? a) c Collier County's primary economic engine is based on high-end second home 0 communities, seasonal resort tourism and the businesses and amenities supporting ° them. A significant portion of the employment in Collier County is low- paying j service jobs as well as low-paying jobs in the agricultural sector. Collier County also has a significant number of health care, school district and government employees and their wages are often insufficient to purchase homes at the market rate, or even c afford the high cost of apartments. Collier County is also located in a high hazard "0 hurricane zone with extensive amounts of environmentally sensitive lands both of which result in code requirements that increase the cost of development and housing. Q For decades the housing policies embraced by Collier County and the development community have been driven by the notion that low density, single-family homeownership is the primary method of addressing housing needs. The result is that various segments of the population are being inadequately or inappropriately served or priced out of the market. Our housing production is not sufficiently diverse with regard to size, typology, location to adequately reflect social, economic and age related diversity of our population. oo N N The result of these trends and policies is a significant disparity between the cost of housing and the incomes of the average person and the working poor. Furthermore, they have limited housing options for those households with regard to type and a) location. These disparities limit our ability to attract and retain a strong workforce o and to sustain and expand our economy. (I) The challenge is to embrace pubic policies and encourage changes in development `o trends to insure that Collier County has a diverse affordable and workforce housing N stock that reflects the diverse needs of our current and future population with regard to type, tenure and location. J 2. In the view of key stakeholders, including residents, what are the major obstacles to producing and sustaining affordable and workforce housing in Collier County and what can be done to mitigate them? C6 There are numerous reasons why we have a lack of affordable and workforce housing production in Collier County. There is no real consensus on the barriers and the list varies significantly depending on which segment of the public or private sector you talk to. They vary from high impact fees, onerous development and building codes, regulatory uncertainty, high land cost, NIMBYism and lack of subsidy and financing. Packet Pg. 376 11.D.a The challenge is not only to isolate and determine the reality from the "urban legend" surrounding this discussion but to clearly articulate the obstacles and 0 identify ways of overcoming these barriers. 3. What are the stakeholders' perceptions of affordable and workforce housing and the existing tools and programs in place to support it and recommendations for change? There has been much discussion among the development and real estate community, o housing advocates, and the public about the definition of affordable and workforce housing and who it should serve. There is also a concern about the effectiveness, equity and fiscal soundness of the County's existing housing programs and the tools 3 used to incentivize and manage them. Again, there is no consensus among the N stakeholders. The challenge is to gain an understanding of the perceptions and actual experiences of stakeholders regarding affordable and workforce housing and the existing practices and to create a dialogue that will enable them to reach -' consensus. si 4. How can public policy encourage the redevelopment of underutilized areas of the developed coastal area that includes affordable and workforce housing while insuring f that it will also be a component of new development in the urban and rural fringe areas. °' E a) a) One can summarize development trends in Collier County in three general areas. (1) The developed coastal area where most of the development has taken place in the past. (2) The urban fringe, which is laced with large acre semi-rural suburbs and agriculture and environmentally sensitive lands and, (3)the environmentally sensitive rural fringe of eastern Collier County. To date the most affordable housing is located E in the urban fringe and the rural fringe of the county with the majority of the jobs cit located in the coastal developed area. o t) In the 1990's Collier County undertook a ground breaking comprehensive plan to address development in the rural fringe. The multi-year process engaged rn stakeholders on issues of environmental, agricultural, government and development. 0 The result was a consensus on a long-term plan that allowed development in acceptable areas, preserved sensitive lands and balanced the equities of all stakeholders. It has achieved national recognition as a best practice in the stewardship of land. As a result of this plan only 10% of the land area of Collier County has been designated suitable and open for new development. c Traditionally, affordable and workforce housing has been located in the urban fringe c and more recently the rural fringe where land costs are low. These lower cost areas are not always ideally located in relation to jobs, services and transportation. This not only places the extra cost burden of longer commutes for those with modest or low incomes but also requires greater amount of public infrastructure and results in c less diverse communities. Furthermore, as these traditionally lower cost Packet Pg. 377 11.D.a neighborhoods experience development pressures they become less affordable and accessible. o At this time, only 9% of the remaining land in the County is available for future development. Development is beginning to emerge in these areas, presumably in anticipation of the projected population increase for the County. At present, there is one new town under construction and one more in the planning stages. Due to the 0 current policies of the County, many are concerned that the remaining development will be "allowed" to occur with little or no affordable workforce housing. Furthermore, there has been little if any focus on the redeveloping underutilized areas of the developed coastal area. The general perception of government and the community has been that this area is built-out and there are few future development opportunities there. What has been overlooked is the fact that pockets of older development have outlived their usefulness or are underutilized. These areas are ripe for redevelopment and present excellent opportunities for higher density, co e. mixed-used development that could provide housing for our workforce at more affordable prices and closer to their employment. These trends pose two challenges. First, is to insure that affordable and workforce housing is an integral component of new development in remaining developable areas of Collier county. Second is to establish policies and strategies that will incentivize the redevelopment of underutilized areas in the developed coastal area and insure that affordable and workforce housing is included close to the jobs, services and transportation. This challenge might be addressed by taking lessons learned from the rural stewardship process and apply them to fashioning a redevelopment plan for the developed coastal area of the County. 5. What policies, strategies and best practices have worked in places similar to Collier fl, County, and which would you recommend to the County? For years we have looked at policies, strategies and best practices from communities > around the country and discussed their applicability and viability given the unique o dynamics of our market and population. However, there has been little if any consensus on which are applicable to our situation and which would succeed and fail. The challenge is to take a non-biased realistic view of Collier County's housing situation, the dynamics of the market and the political climate and identify those Q policies, strategies and best practices that will be effective and embraced and those that should be avoided within the context of Collier County's housing situation, market dynamics and political climate. E Q Packet Pg. 378 11.D.b 1 . "" 41 pott;i/'Prull 44',?.--:1 isi ,, ,t IitIih1 --- ------- Tv c ca a ULI-The Urban Land Institute-Advisory Services Agreement For a Affordable/Workforce Housing Policy, Collier County Florida .E' (County Agreement No. 17-7049) 0 0 in This Agreement, made and entered into on this day of , 2016, by and 5 between Collier County Florida ("County") and ULI-the Urban Land Institute, Inc. (Institute or < ULI). ic c a) As part of its purpose, the Institute maintains an Advisory Services Program for the purpose of o benefiting organizations, governments and the general public through improved planning and o utilization of land. The County wishes to obtain advice and recommendations from the Institute on affordable/workforce housing policies (see Attachment A). m m S. 3 A. Pursuant to this Agreement,the Institute agrees: w c 1. To provide a panel composed of members of the Institute and others who collectively is it have a varied and broad experience and knowledge applicable to the particular c problems to be considered. ic L m a) 2. To Perform the Following Tasks: f. • Task 1: Arrange for the panel members to visit Collier County starting upon issuance of Notice to Proceed (NTP). Coordinate and manage logistics for the on-site session including, but not limited to, recruitment of panel members; scope and a secure interview and workspace; and, provide schedule and agenda details. a • Task 2: Conduct the on-site Advisory Panel Session for a period of not less than five co days, tentatively scheduled for January 2017. During that time the panel, directly N and through ULI's staff,will -0 as 0. o Review the material provided by the County, study the designated area, E review and assimilate prior work and studies and identify any additional in data or information that may be needed to form a rational basis for o Q recommendations, and will become familiar with existing planning v documents CU o Consult with public and private officials, representatives of other relevant c organizations, and other individuals familiar with the problems involved; o work collaboratively with the Affordable Housing Advisory Committee, the J Stakeholder Committee, staff and the citizens of the County to develop recommended policies. Extensive stakeholder input is envisioned. ULI is a) expected to identify similarities and differences in stakeholder views of this E matter, and find opportunities for consensus. ro Packet Pg.379 11.D.b ULI Advisory Services Agreement Collier County Florida Page 2 of 7 o Prepare its conclusions and policy level recommendations which will be a. presented to the County and its invited guests in oral form at the close of a the on-site assignment. ULI will recommend housing policies and strategies that are best fit for Collier County. In so doing ULI will be expected to bring in forth best practices in other comparably sized areas with similar o characteristics and to address the items listed in Attachment A. • Task 3: To provide the County with a full-color written summary of its conclusions and recommendations illustrated with photographs and drawings, as appropriate. c The County will be provided a draft copy of the report within sixty (60) days of the > panel completion. o 0 3. To absorb all related expenses of its panel and staff while on-site. a) 4. To provide customary workers' compensation and liability insurance for the panel members and the Institute's employees. 5. Indemnification. To the maximum extent permitted by Florida law, the ULI shall J indemnify and hold harmless Collier County, its officers and employees from any and all c liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ULI or anyone employed or utilized by ULI in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier co County. N The duty to defend under this Article 5 is independent and separate from the duty to a indemnify, and the duty to defend exists regardless of any ultimate liability of the ULI, rts County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Q ULI. ULI's obligation to indemnify and defend under this Article 5 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter E. indemnified hereunder is fully and finally barred by the applicable statute of v limitations. B. The County agrees, at its expense to the following: FA-01) Packet Pg. 380 11.D.b ULI Advisory Services Agreement Collier County Florida Page 3 of 7 TD 1. To furnish each panel member, not less than ten (10) days in advance of the panel a meeting, such pertinent background data in the form of reports, plans, charts, etc., as a) may be presently available or readily developed for the preliminary study of the panel, prior to its inspection on site. Two copies are to be sent to the ULI Project Manager. in 2. To arrange, insofar as possible, to have appropriate persons, including public and private officials, representatives of the relevant organizations, and others, available for the purpose of consulting with and furnishing information to the panel on specificcis matters relevant to the assignment as may be necessary and advisable during the c period of the panel's visit. 0 O 3. The cost of the panel to the County is $125,000. Payment will occur as Tasks are completed as listed below and upon receipt of a proper invoice and upon approval by the Community and Human Service Director, or designee, and in compliance with �, Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment w Act." c Task 1: Coordinate panel selection $30,000 Lump Sum and logistics for on-site panel (may be invoiced when four (4) of the panelists session are confirmed and a preliminary schedule/itinerary is provided) Task 2: Conduct on-site Advisory $90,000 Lump Sum Panel session (may be invoiced upon completion of the on-site summary presentation) a) Task 3: Provide Final Panel Report $5,000 Lump Sum (may be invoiced upon receipt of print copies along with an electronic version) .a The County may make such noncommercial use of the report as it may deem desirable. It is further understood that the Institute may make such noncommercial use of the report prepared of the panel's findings and recommendations as it may deem desirable, and the County herewith specifically agrees that the Institute may publish and disseminate such report L or any part thereof in conjunction with its research and educational programs. U C. Venue. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. Packet Pg. 381 11.D.b ULI Advisory Services Agreement Collier County Florida Page 4 of 7 a) cc a D. Dispute Resolution. Prior to the initiation of any action or proceeding permitted by this a) Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of ULI with full decision-making authority and by County's staff person who c 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 Q 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. The mediation shall be attended by representatives of ULI with full decision- > making authority and by County staff person who would make the presentation of any settlement reached at mediation to County's Board for approval. Should either party fail to 0 submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. E. Termination. Should the ULI be found to have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said a a Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the Agreement is terminated, ULI's recovery against the County shall be limited to that portion of the Agreement amount earned through the date of termination. ULI a shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed or co materials not provided. N F. Assignment. ULI shall not assign this Agreement or any part thereof, without the prior a consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, ca or any part herein, without the County's consent, shall be void. If ULI does, with approval, N assign this Agreement or any part thereof, it shall require that its assignee be bound to it and Q to assume toward ULI all of the obligations and responsibilities that ULI has assumed toward the County. G. Public Records Compliance. By executing and entering into this Agreement, the ULI is .73 formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and I t-4g Packet Pg. 382 11.D.b ULI Advisory Services Agreement Collier County Florida Page 5 of 7 C) a regulations relating thereto, as either may be amended; taxation, workers' compensation, tn equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: co IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 0 0 Communication and Customer Relations Division 3299 Tamiami Trail East,Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: CIZSJ 1. Keep and maintain public records required by the public agency to perform theca service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the ULI does not transfer the records to the public agency. N 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public 0 records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable L requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's v custodian of public records, in a format that is compatible with the information technology systems of the public agency. E' C) E 0 fC CA® Packet Pg. 383 11.D.b ULI Advisory Services Agreement Collier County Florida Page 6 of 7 a) If Contractor observes that the Contract Documents are at variance therewith, it shall a promptly notify the County in writing. Failure by the Contractor 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. 0 H. ULI is acting in the capacity of an independent hereunder and not as an employee, or agent of, or joint venturer with County. Q I. This Agreement constitutes the entire agreement between the parties regarding the services described herein and supersedes all prior agreements or understandings between the parties c on this subject matter, whether written or verbal. 0 J. This Agreement may not be altered, amended or modified except by written document —' signed by all parties. K. This Agreement shall be subject to and construed under the laws of the State of Florida. The undersigned parties and their duly authorized representatives represent and warrant that they have authority to enter into this Agreement and hereby agree to the terms set forth above. m E 0 m co N N V G) Q E t6 U) 0 U *C.; 0 U J N E c• a- c Packet Pg. 384 11.D.b ULI Advisory Services Agreement Collier County Florida Page 7 of 7 IN WITNESS WHEREOF,the parties hereto, have each, respectively, by an authorized person or agent, a have executed this Agreement on the date and year first written above. tn BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts ro m By: By: Donna Fiala, Chairman Dated: o (SEAL) ULI—The Urban Land Institute Consultant Ti; ro J By: First Witness Signature TType/print witness nameT TType/print signature and titleT Second WitnessCD TType/print witness nameT CL ro cn Approved as to Form and Legality: U Jennifer A. Belpedio, Assistant County Attorney N O � L \N • ro CAO Packet Pg. 385 puei uecpn eq; tiwaluewealBy : 9ZZZ) ClAddV alnmsui puei uecian - o 1sanbeN Jemem :luewipenv Co co 0 Ci C.) Qie-Cot.-tiFfItlf Ce,Mer County Athiti'slrative.Set.\•4., .s Waiver Request Instructions Completed waiver requests accompanied by the business case and backup documentation must be submitte-d to the division's Procurement Strategist for any amount above$3,000, Purchases above$3,000 require three quotes or formal competition. The division must provide justification to the Procurement Director to request consideration to waive the competitive purchasing process and purchase from a single vendor. Waivers of greater than $50,000 will require approval by the Board of County Cominissione•rs. To qualify for a waiver select a waiver category, provide the research conducted and the supporting rationale and acquire the approval signature from your director Send the waiver renuest, the business case and contract mat.eMa.ls to your Procurement Strategist. Requester Name:Cormac Gibiin Vendor Name:Urban Land Institute Division:Community and Human Services Item I Service:U.LI Advisory Services Panel-Housing Plan Budget Year:2017 Anticipated Cost:$ 125,000.0C Sole Source: Single Source: Eg Standardization: Emeroencv: Describe the public health or safety issues that requires the immediate product or service(Le.,The supply of vaccination was completely depleted within hours of delivery to the employee health center;the current vendor will not receive another shipment for 2 weeks). N/A Compatibility / Proprietary (One of a Kind or No Substitute Available): Describe the research completed to determine that there is only one product or service capable of meeting the County's existing conditions and that no other vendor can provide a product,component,or replacement part that may be substituted. See Attached Authorized Distributor: Describe the research completed to find similar features and operability,and a letter from the manufacturer naming the single source authorized distributor(s)in the southwest Florida region. N/A It is a felony to knowingly circumvent a competitive process for commodities or services by • fraudulently specifying sole source. Florida Statute 838.22(2). Requested by:Cormac Giblin Signature: 7/ Date:/.7,-.7 • Division Director:Kim Grant Signature: Data: 1 tUi04• /: Procurement Strategist: //2/), d Signature: Date: ii . • 4* • c / , Procurement Directort r • Signature: Attachments: E Business Case,EI Sole/Single Source Letter, H Executive Summary for Standardization • • pue, ueqin ay; ql!M+lueweei6y : 8ZZZ) QAddV alnlllsul pue, uegin - o#'lsenbej.JanleM:luawipel1V co 0 th a Business Case for Sole Source Waiver 1. Provide.information on why a particular produbt and/or vendoa was'chosen • On March 1,2016 an affordable/workforce housing workshop was conducted. At the workshop staff and experts presented an overview of the current situation, and potential solutions to be considered. One of the approved outcomes was to develop a • request for proposal to solicit a partner/consultant partner to work with the county to develop a short and long term housing plan to address the housing needs in our community. On June 14, 2016 the Board of County Commissioners approved the development of a project charter for the Collier County Housing Plan. A stakeholder group has been formed through Resolution 2016-135, and funding secured to develop the plan Per the approved schedule in the charter, an RFP was developed and released on August 3, 2016 seeking consultants to prepare the Housing Plan. The RFP identified six key tasks. The tasks can be categorized into a few key areas: 1) Public outreach and participation in high level policy recommendations (policy) and 2) an implementation approach enacting those recommendations (implementation). The RFP has been open for months with the deadline extended multiple times, in part due to lack of interest or submissions. When inquiring with firms that might normally bid on this type of project as to their , reasons for not planning to respond to the RFP staff has learned that some firms prefer to focus on the implementation activities with specific deliverables rather than prolonged, labor intensive public participation information gathering and policy recommendations. Others are not taking on new business at this time. Based on this informal feedback, along with the support of the Affordable Housing Advisory Committee and the Stakeholder Committee, it appears that in the best interest of the County the tasks in the RFP may be best achieved by separating into two distinct phases. Phase one would be the public outreach and participation and high level policy recommendations, and phase two would be the implementation approach enacting those recommendations. In pursuit of the policy level partner/consultant, staff was made aware of the Urban Land Institute's Terwilliger Center for Housing. The ULI is a non-profit research and education organization whose mission is to promote responsible leadership in the use of land, including housing. The ULI Terwilliger Center for Housing conducts research, performs analysis,.provides expert advice, and develops best practice recommendations that reflect the residential land use and development priorities of ULI members in all residential product types,with special attention to workforce and affordable housing.The Center integrates ULI's wide pue-j uegafl aye yfiM 1uaweaa6y : 8ZZZ) QAddV eine sui pue- uegin - op isanbaN JanleM :;uauayoeny co Q ao v' Cl a t0 aJ ranging housing activities into a program of work that furthers the development of mixed-income communities with a range of housing options. The Terwilliger Center for Housing is considered to be one of the nations top housing policy think-tank organizations. The ULI offers an Advisory Services Program where they develop teams of experts in real estate, planning, development and finance to provide objective advice on addressing challenging housing and related land use issues. Their services include convening a weeklong panel of national experts to perform extensive public outreach and research in our area to develop high level policy recommendations. It is rare to find an organization like the ULI that provides this type of service with this level of expertise. 2.If the product requested is,one-of-a-kind item,provide background information on. o,-v this was determined'and backup resources uuilizedh Unlike hiring a specific consultant, using a ULI panel will help ensure unbiased and broad advice from experts from other regions. Collier County is not alone in requesting advice from ULI panels. Jurisdictions in Florida such as Manatee County, Hillsborough County, City of Tampa, Pasco County, Osceola County and Amelia Island have all had panels review specific issues and make recommendations in the past few years. This approach will take the place of phase one in the previous Housing Plan RFP (roughly tasks 1-3) allowing Collier County to receive expert advice and recommendations from top-level professionals in their fields, whose services are not for sale or available through any other means, 3. What would the impact be to change to a different product(include: training,inventory puts,maintenance,project(or staff time)to replace the item ll The RFP anticipated providing a policy and implementation report to the BCC in September 2017. Taking this approach the policy level recommendations will be available much sooner, in presentation form in February; 2017. Also, there is no other organization like ULI. that provides this type of service (unbiased from professionals in the field) with their level of expertise, and as such can be unbiased in their recommendations Finally, focusing first on the policy level discussion will streamline the eventual implementation process and allow implementation to begin sooner. If-Unique features•are required to successfully perfona....the required function,identi, those features and why they are repined and cannot be substituted. (Be specific) pue7 uegin tport ivauaaai6y : BZZZ) t]hdd`d alnlo;sul pue, uecpn -o 'lsenbali aanfeM :luauayoe1vQ' rn co th a- m V c0 a This approach will allow Collier County to receive unbiased, expert advice and recommendations from top-level professionals in their fields, whose services are not for sale or available through any other means. 5.._Provideinformation ori other models available and'why they were rejected Provide brandbt-841.anatie,model,-vendor name, date and name of each resource-coniactedr:To "exactly match existing equipment' or to"inter-member (connect wrt-existmgequipnient'isnot normally an acceptable justification for stile l�rnnii when torr deterrraine this is a lush ed factor that should.:be-considered;'the quantity,;.Manufacturer,;brand, model, property number of the existing equipment and necessity for"interfacing"Whist be provided.! This section does not seem to apply as this is a service rather than a specific product The uniqueness of the potential arrangement has been explained in other sections. 6.Provide product listing of sole/single sourced items you are purchasing The sole source services purchased through this engagement will be a weeklong Advisory Services Panel provided by the NO Terwilliger Center for Housing. Multi-disciplinary top-level national experts will convene in Naples to conduct extensive public input sessions and research to formulate high level policy recommendations specific to Collier County. At the conclusion of the week,the panel will present their recommendations to the BCC at a public workshop. Approximately 90 days after the presentation Collier County will receive a hardcopy report detailing the panel's recommendations. pue, uegin ay; 1n!M 4uawaaJoy : aZZZ) ClAddV aininsui puei uegin - ptr isenbaj iaAleM :;uawgoefy O w r M e- LSl a as U Business Case for Standardization; Sole, or Single Source Waivers Provide a Business Case for each waiver you have requested, articulating the product and service it performs. 1. Provide information on why a particular product and/or vendor was chosen_ see attached Business Case 2. If the product requested is one-of-a-kind item, provide background information on how this was determined and backup resources utilized. 3. What would the impact be to change to a different product (include: training, inventory parts, maintenance, project(or staff time)to replace the item? 4. If unique features are required to successfully perform the required function, identify those features and why they are required and cannot be substituted. (Be specific) 5. Provide information on other models available and why they were rejected. Provide brand name, model, vendor name, date and name of each resource contacted. To "exactly match existing equipment" or to "inter-member (connect) with existing equipment is not normally an acceptable justification for sole brand. When you determine this is a justified factor that should be considered; the quantity, manufacturer, brand, model, property number of the existing equipment, and necessity for"interfacing"must be provided. 6. Provide product listing of sole/single sourced items you are purchasing. Cormac Giblin ..� i c- Prepared by: Signature: Date: rr i Division Director: 14 rnPb lLL (aQa cso Signature: Date: dot L D) ""Waiver requests that exceed$50,000 require board approval and must be signed by department head' r Depai l,nent Head: S�wi �r Cd��r 4.� Signature: Date: I 0 puei uegin ay;q;mnn iuewaai6y : BZZZ) OAddV elnlpsui puei uegan - or lsanbe JaAmeM:auauayael1v a) Ci V M th a d 0 as URBAN LAND INSTITUTE ADVISORY SERVICES o_ PROGRAM Sole Source Justification for a ULI questions is provided by the sponsor as a Advisory Services Panel scope for the panel to address, the panel is under no obligation to the sponsor to provide ULI -The Urban Land Institute is a nonprofit a specific outcome or position on these research and education organization whose questions. The team includes people and mission is to promote responsible leadership expertise that is not available for hire under in the use of the land. To help fulfill its any other means. mission, the ULI maintains an Advisory I Services Department for the purpose of H __ . ','= ici.benefiting the general public through ,; riz_ improved planning and utilization of urban �, n `°°' land. Through its Advisory Services Program, = ULI assembles teams of real estate, planning, ; development, and finance experts who ' 1 a !% - - volunteer their time to provide objective . advice on addressing challenging land use ;M ` „ — issues. � '� +, t It is ULI's ability to draw on the expertise of its - . nearly 40,000 members with extensive experience and expertise in land planning, , ; , real estate development, finance, infrastructure and architecture that makes the Advisory Services Program a unique process that is not replicated by any other vI p organization. The multidisciplinary teams ` assembled by ULI provide a panel sponsor with an unbiased set of recommendations for strategic actions for moving a community w forward. The members of the panel are ilik.. senior practitioners in the land use fields who view the panel process as a public service to 4414 - rLi the greater community. + Panel members are screened for any conflict =`r =5 l .f744,-.-,.0,,, of interest and uphold the ULI's strict Ii: " - standard providing impartial, yet candid, ;; strategic advice. While a basic set of , f; � 1 r Advisory Services Program pue, ueqin aqi 44!M luawaaa6y : BZZZ) ClAddV ammsui puel uegafl - 0tr#sanbaj JaAleM:1uawgaeny M P. d se URBAN LAND INSTITUTE ADVISORY SERVICES PROGRAM co aI The Urban Land Institute The mission of the Urban Land Institute is to Established in 1936, ULI today has over provide leadership in the responsible use of 33,000 members in 95 countries worldwide. land and in creating and sustaining thriving Members represent the entire spectrum of communities worldwide. Land use land use and development disciplines, professionals around the world value ULI as a Professionals represented include highly respected and widely quoted source of developers, builders, property owners, objective information on urban planning, investors, architects, public officials, planners, growth,and development. real estate brokers, appraisers, attorneys, engineers,financiers,and academics. ULI ULI is committed to: relies heavily on the experience of its 4 Bringing together leaders from across the members.Active member involvement fields of real estate and land use policy to enables ULI to set standards of excellence in exchange best practices and serve development practice. community needs; r ® Fostering collaboration within and beyond - ' ULI's membership through mentoring, __ _ dialogue, and problem solving; _ _ -,,,,,,,A_,........... Exploring issues of urbanization, - _ conservation, regeneration, land use, f � , \.-- capital formation, and sustainable development; w,fr» z ., ~- Advancing land use policies and design practices that respect the uniqueness of both built and natural environments; • Sharing knowledge through education, applied research, publishing, and r ,=;" electronic media; and g,," O Sustaining a diverse global network of local practice and advisory efforts that address current and future challenges. z f • Conducting Advisory Panels to help communities address their most pressing land use issues. ' C , i Please contact Tom Eitler(teitler(a.uli.orq) { I I or Beth Silverman(beth,silverman(@uli.orq) ,; S 1 i} ; for more information. Advisory Services Program pue� uegan ay; y}!nn�uauaaaa6� : BZZZ} ®Addtl a;nl!lsu! pue 7 uega f -ov}senbe I JOA!eM :}uew49e}lt{ M 0 as M 0 a Z G1 URBAN LAND INSTITUTE ADVISORY SERVICES Since 1947, acvisory services a panels have helped fine creative, l` practical solutions for some of k �ji 1 the most challen in issues - L ''''1.',--'4'','4''':.,-.',; ''''L.,..al-,_,'.,\,,'--._'.._,'.,„'.,__,.'':;I„_,s7:,.,.,.;:. facinc today's urian, suouroan ' ,4' -'. t 1 and rural communities. > Get timely, cancic and '-ii:_ I i -_... ,:-=r;Lr.,,„,1,; i undiasec in }ut from exoe t �� I lane use 3rotesslonals. I , F , h' 1 > tic' -sta� critical i t : Iti `' t c—' ' , , �, a : conversations and move erts Providin Practical Solutions Beyond deaclocK. p g for Complex Land Use lssuos > Gain fresh insichts anc cis- . __ _ cover innovative solutions to the most comniex real estate cevelocment challenges. Panels bring together the best and brightest jr..*6—.:TN-- from ULI's diverse membership including .,. developers, planners,financiers, market analysts, ` - , economists, architects and public officials to '' 0 -'-'''''' a �, ' 4'.' : _ 1,,f'',. _ _ provide practical and candid advice that is T not available from any other source,VUe work 1,,,..,.:',.s.,-1:::;.: withlocalgovernments, private developers, --- �x - community development corporations, and j'' �x many other organizations to address the most F �- challenging real estate and land use issues 0 facing communities today. 1 #, � � .i`.` '2 wwr�v,uIi.orc/acvisoryservices AW To inquire about convening a panel in your Icommunity, or to serve as a panelist,contact r ,i 1 i Tom Eitler Vice President,Advisory Services Advisory Servsses Program at 1-202-624-7186 or teitler©uli,org, pue- uegin am.. tom 4uaweei6y : 8ZZZ) ®Addy a;nmsul pue- uegin - p{,}senbej a9AleM :;uauayael;y mr o a M r- r a) a ar URBAN LAND INSTITUTE - ADVISORY SERVICES PROGRAM u Workforce and Affordable Housing s;. prillillPir- Sponsors for these panels include: • Workforce Housing Organizations 4 f 1 • • Housing Authorities ', ; • Developers i • Local and State Government %i _ Recent panels on this topic include: • Eagle County, Colorado . r -.:� • Pasco County, Florida • Maui County, Hawaii • Ft.Worth,Texas `, _.,it • Pittsburgh, Pennsylvania i ,., m • Dallas,Texas Struggling to achieve housing equity? • Thriving communities house all residents, _ [via:, regardless of income. ULI leads national ` '?"1i, efforts to create and sustain workforce and affordable housing. Advisory Panels draw on developers, public officials, policyleaders, •FP:1'f ' P Rr i4 investors, and designers experienced in ` =1• �- financing and building high-quality housing for , -:: all residents of a NM community. - ULI panel teams include professionals with In 2016,a ULI Panel supplied strategic advice to the diverse points of view—engineers,developers, City of Dallas regarding their efforts to establish a planners, designers, land economists, city-wide affordable housing policy. investors, market analysts, and public officials—who work together to generate grounded, innovative solutions. Panels provide strategic advice that is actionable in addressing a community's specific needs. Ready to learn more? l t , � �, Please contact Tom Eider(teitlera(i)uli.orgl, 5, h I Beth Silverman (beth,silvermant uli.ora), or e . ? a ` )i ' PPaul Angelone(paul.anoelonewuli,orq)for Amore Service Program l i ff more information. puel ueq.rn ay; gflnn 4uawaai6y : BZZZ) OAddtf a np sul puel ueq.in - of wenbej aaAleM :;uatugoe;;y (7) M n. a> ATTACHMENT A o. ULI Advisory Panel 1. Why is it important for the county to have a balanced supply of housing, in terms of type,tenure, attainability,access and distribution? Collier County's primary economic engine is based on high-end second home communities, seasonal resort tourism and the businesses and amenities supporting them. A significant portion of the employment in Collier County is low-paying service jobs as well as low-paying jobs in the agricultural sector. Collier County also has a significant number of health care, school district and government employees and their wages are often insufficient to purchase homes at the market rate, or even afford the high cost of apartments. Collier County is also located in a high hazard hurricane zone with extensive amounts of environmentally sensitive lands both of which result in code requirements that increase the cost of development and housing. For decades the housing policies embraced by Collier County and the development community have been driven by the notion that low density, single-family homeownership is the primary method of addressing housing needs. The result is that various segments of the population are being inadequately or inappropriately served or priced out of the market. Our housing production is not sufficiently diverse with regard to size, typology, location to adequately reflect social, economic and age related diversity of our population. The result of these trends and policies is a significant disparity between the cost of housing and the incomes of the average person and the working poor. Furthermore, they have limited housing options for those households with regard to type and location. These disparities limit our ability to attract and retain a strong workforce and to sustain and expand our economy. The challenge is to embrace pubic policies and encourage changes in development trends to insure that Collier County has a diverse affordable and workforce housing stock that reflects the diverse needs of our current and future population with regard to type,tenure and location. 2. In the view of key stakeholders,including residents,what are the major obstacles to producing and sustaining affordable and workforce housing in Collier County and what can be done to mitigate them? There are numerous reasons why we have a lack of affordable and workforce housing production in Collier County. There is no real consensus on the barriers and the list varies significantly depending on which segment of the public or private sector you talk to. They vary from high impact fees, onerous development and building codes, regulatory uncertainty, high land cost, NIMBYism and lack of subsidy and financing. 1 puei uegin eqi q}w tuauaaa.a6b' : 8ZZZ) OAddV ammsui puei uegin - o{,lsonbael JaAleM :;uawgaenv co rn cto a Y The challenge is not only to isolate and determine the reality from the "urban a legend" surrounding this discussion but to clearly articulate the obstacles and identify ways of overcoming these barriers. 3. What are the stakeholders' perceptions of affordable and workforce housing and the existing tools and programs in place to support it and recommendations for change? There has been much discussion among the development and real estate community, housing advocates, and the public about the definition of affordable and workforce housing and who it should serve. There is also a concern about the effectiveness, equity and fiscal soundness of the County's existing housing programs and the tools used to incentivize and manage them. Again,there is no consensus among the stakeholders. The challenge is to gain an understanding of the perceptions and actual experiences of stakeholders regarding affordable and workforce housing and the existing practices and to create a dialogue that will enable them to reach consensus. 4. How can public policy encourage the redevelopment of underutilized areas of the developed coastal area that includes affordable and workforce housing while insuring that it will also be a component of new development in the urban and rural fringe areas. One can summarize development trends in Collier County in three general areas. (1) The developed coastal area where most of the development has taken place in the past. (2)The urban fringe, which is laced with large acre semi-rural suburbs and agriculture and environmentally sensitive lands and, (3) the environmentally sensitive rural fringe of eastern Collier County. To date the most affordable housing is located in the urban fringe and the rural fringe of the county with the majority of the jobs located in the coastal developed area. In the 1990's Collier County undertook a ground breaking comprehensive plan to address development in the rural fringe. The multi-year process engaged stakeholders on issues of environmental, agricultural, government and development. The result was a consensus on a long-term plan that allowed development in acceptable areas, preserved sensitive lands and balanced the equities of all stakeholders. It has achieved national recognition as a best practice in the stewardship of land. As a result of this plan only 10%of the land area of Collier County has been designated suitable and open for new development. Traditionally, affordable and workforce housing has been located in the urban fringe and more recently the rural fringe where land costs are low. These lower cost areas are not always ideally located in relation to jobs, services and transportation. This not only places the extra cost burden of longer commutes for those with modest or low incomes but also requires greater amount of public infrastructure and results in less diverse communities. Furthermore, as these traditionally lower cost pue, ueqin age Ifl!M ivawaea6v : BZZZ) QAdd`d a}nMsui pue-i uegin - otr}senbaj aaAieM :}uawgaet}y V M d a. a) neighborhoods experience development pressures they become less affordable and a accessible. At this time, only 9%of the remaining land in the County is available for future development. Development is beginning to emerge in these areas, presumably in anticipation of the projected population increase for the County. At present,there is one new town under construction and one more in the planning stages. Due to the current policies of the County, many are concerned that the remaining development will be "allowed"to occur with little or no affordable workforce housing. Furthermore,there has been little if any focus on the redeveloping underutilized areas of the developed coastal area. The general perception of government and the community has been that this area is built-out and there are few future development opportunities there. What has been overlooked is the fact that pockets of older development have outlived their usefulness or are underutilized. These areas are ripe for redevelopment and present excellent opportunities for higher density, mixed-used development that could provide housing for our workforce at more affordable prices and closer to their employment. These trends pose two challenges. First, is to insure that affordable and workforce housing is an integral component of new development in remaining developable areas of Collier county. Second is to establish policies and strategies that will incentivize the redevelopment of underutilized areas in the developed coastal area and insure that affordable and workforce housing is included close to the jobs, services and transportation. This challenge might be addressed by taking lessons learned from the rural stewardship process and apply them to fashioning a redevelopment plan for the developed coastal area of the County. 5. What policies,strategies and best practices have worked in places similar to Collier County, and which would you recommend to the County? For years we have looked at policies, strategies and best practices from communities around the country and discussed their applicability and viability given the unique dynamics of our market and population. However, there has been little if any consensus on which are applicable to our situation and which would succeed and fail. The challenge is to take a non-biased realistic view of Collier County's housing situation, the dynamics of the market and the political climate and identify those policies, strategies and best practices that will be effective and embraced and those that should be avoided within the context of Collier County's housing situation, market dynamics and political climate. 3 pue- uegan a44 Low luauaaaafy : BZZZ) aAddb'alnmsui pue-I uegan - of}sanbej aaAleM :;uauayaet;y coM a .y.uw, ....`... r: a ULI-The Urban Land Institute-Advisory Services Agreement For Affordable/Workforce Housing Policy, Collier County Florida This Agreement constitutes a binding contract between Collier County Florida ("County") and ULI-the Urban Land Institute (Institute or ULI). As part of its purpose,the Institute maintains an Advisory Services Program for the purpose of benefiting organizations,governments and the general public through improved planning and utilization of land. The County wishes to obtain advice and recommendations from the Institute on affordable/workforce housing policies. (See Attachment A for Scope of Work) Pursuant to this Agreement, the Institute agrees: 1. To provide a panel composed of members of the Institute and others who collectively have a varied and broad experience and knowledge applicable to the particular problems to be considered. 2. To Perform the Following Tasks • Task 1: Arrange for the panel members to visit the location upon which its recommendations, starting upon issuance of Notice to Proceed (NTP). Coordinate and manage logistics for the on-site session including, but not limited to, recruitment of panel members; scope and secure interview and workspace; and, provide schedule and agenda details. • Task 2: Conduct the on-site Advisory Panel Session for a period of not less than five days. During that time the panel, directly and through ULI's staff, will o Review the material provided by the County, study the designated area, review and assimilate prior work and studies and identify any additional data or information that may be needed to form a rational basis for recommendations, and will become familiar with existing planning documents o Consult with public and private officials, representatives of other relevant organizations, and other individuals familiar with the problems involved; work collaboratively with the Affordable Housing Advisory Committee,the Stakeholder Committee, staff and the citizens of the County to develop recommended policies. Extensive stakeholder input is envisioned. ULI is expected to identify similarities and differences in stakeholder views of this matter, and find opportunities for consensus. o Prepare its conclusions and policy level recommendations which will be presented to the County and its invited guests in oral form at the close of the on-site assignment. ULI will recommend housing policies and strategies that are best fit for Collier County. In so doing ULI will be expected to bring forth best practices in other comparably sized areas with similar characteristics and to address the items listed in the Scope Statements (Attachment A). pue-I uegin eta q Inn luaweaa6y : BZZZ) OAddV aum!lsul pue-I uegin - }sanbaj aaAleM :;uewipe4try ULI Advisory Services Agreement a Collier County Florida a� Page 2 of 7 a • Task 3: To provide the County with a full-color written summary of its conclusions and recommendations illustrated with photographs and drawings, as appropriate.The County will be provided a draft copy of the report within 60 days of the panel completion. 3. To absorb all related expenses of its panel and staff while on site. 4. To provide customary workers' compensation and liability insurance for the panel members and the Institute's employees. The County agrees, at its expense: 1. To furnish each panel member, not less than 10 days in advance of the panel meeting, such pertinent background data in the form of reports, plans, charts,etc., as may be presently available or readily developed for the preliminary study of the panel, prior to its inspection on site. Two copies are to be sent to the ULI Project Manager. 2. To arrange, insofar as possible,to have appropriate persons, including public and private officials, representatives of the relevant organizations, and others, available for the purpose of consulting with and furnishing information to the panel on specific matters relevant to the assignment as may be necessary and advisable during the period of the panel's visit. 3. The cost of the panel is$135,000; however,the Institute will grant the County$10,000 making the net cost to the County$125,000. Payment will occur as Tasks are completed as listed below. In the event the County cancels the panel assignment, other than for one of the reasons described in the fifth paragraph below,the initial payment is non-refundable and County shall be responsible for any additional costs incurred by ULI up to the date of cancellation. Task 1:Coordinate panel selection $30,000 Lump Sum and logistics for on-site panel (may be invoiced when four(4)of the panelists session are confirmed and a preliminary schedule/itinerary is provided) Task 2:Conduct on-site Advisory $90,000 Lump Sum Panel session (may be invoiced upon completion of the on-site summary presentation) Task 3: Provide Final Panel Report $5,000 Lump Sum (may be invoiced upon receipt of print copies along with an electronic version) The County may make such noncommercial use of the report as it may deem desirable. It is further understood that the Institute may make such noncommercial use of the report prepared of the panel's findings and recommendations as it may deem desirable, and the County herewith specifically agrees pue-I uegan ay} y;!m luawaea6y : BZZZ) OAdd'd a;nmsul pue-I uegan -ov}senbaj aanieM :;uewyaeny 0 ULI Advisory Services Agreement th Collier County Florida °- Page 3 of 7 that the Institute may publish and disseminate such report or any part thereof in conjunction with its research and educational programs. INDEMNIFICATION To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Contract. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The duty to defend under this Article is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article will survive the expiration or earlier termination of this Contract until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. VENUE Any suit or action brought by either party to this Contract against the other party relating to or arising out of this Contract must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 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. The negotiation shall be attended by representatives of Contractor 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. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County staff person who would make the presentation of any settlement reached at mediation to County's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla.Stats. puel uegin et.p Lop%Tuewe Ji6y : 9ZZZ) OAddV a;nmsui puei ueqin - 4sanba8 aaAleM:;uauayoefy ULI Advisory Services Agreement a Collier County Florida a Page 4 of 703 a- Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,which courts have sole and exclusive jurisdiction on all such matters. TERMINATION FOR CONVENIENCE Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the Agreement is terminated, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed or materials not provided. TERMINATION FOR DEFAULT If the County determines that Contractor is in default under this Agreement, the County shall notify Contractor in writing of Contractor's default(s). If the County determines that Contractor has not remedied and cured the default(s) within seven (7) calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by the County in writing and in its sole discretion, then County, at its option, without releasing or waiving its rights and remedies against Contractor and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part. In the event that the Agreement is terminated, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed or materials not provided. ASSIGNMENT Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward County. PERFORMANCE WARRANTY Contractor shall provide all services hereunder in a good, timely and workmanlike manner consistent with leading industry standards. The County reserves the right to deduct portions of the (monthly) invoiced (task) amount for when response times and resolution of issues are not completed within the expressed time frame. This list is not deemed to be all-inclusive, and the County reserves the right to make sole determination regarding deductions. After notification of deficiency, if Contractor fails to correct the deficiency within the specified timeframe, these funds puel uegan 044 q !M luawaaa6y : 8ZZZ) ClAddV ammsui pue-1 uegan - of }senbej aanleM :;uewyoe;4y o ULI Advisory Services Agreement •t Collier County Florida a Page 5 of 7 ca n. would be forfeited by Contractor. The County may also deduct or charge Contractor for services and/or items necessary to correct the deficiencies directly related to Contractor's non-performance. PUBLIC RECORDS COMPLIANCE: By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. puei mon ay}q}ynn luawaaa6br : 8ZZZj ClAddY a;n;l}sus puei uegan - ov}senbagi JanieM :;uawgoeutt ULI Advisory Services Agreement th Collier County Florida a, Page 6 of 7co a If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor 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. ULI is acting in the capacity of an independent contractor hereunder and not as an employee,or agent of, or joint venturer with County. This agreement constitutes the entire agreement between the parties regarding the services described herein and supersedes all prior agreements or understandings between the parties on this subject matter,whether written or verbal. This Agreement may not be altered, amended or modified except by written document signed by all parties. This Agreement shall be subject to and construed under the laws of the State of Florida. The undersigned parties and their duly authorized representatives represent and warrant that they have authority to enter into this Agreement and hereby agree to the terms set forth above. pue- uega fl eq; q;IM luawaai6y : BZZZ) OAddV a;nmsui puei uegin - ov}sanbaN JaAleM :;uaukyoe ;`d er r• ULI Advisory Services Agreement Collier County Florida a Page 7 of 7 Y ca a IN WITNESS WHEREOF,the parties hereto, have each, respectively, by an authorized person or agent, have execute, this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: Donna Fiala, Chairman Dated: (SEAL) ULI—The Urban Land Institute Consultant By: First Witness Signature TType/print witness nameT - TType/print signature and titleT Second Witness TType/print witness nameT Approved as to Form and Legality: Deputy County Attorney Print Name