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Agenda 03/28/2017 Item #16A1103/28/2017 EXECUTIVE SUMMARY Recommendation to approve an After-The-Fact U.S. Department of Housing and Urban Development Community Development Block Grant application submittal to fund the Immokalee Stormwater Improvement Acquisition Project and the Peters Avenue Sidewalk and Lighting Project totaling $420,444. OBJECTIVE: To receive Board of County Commissioners (Board) approval for two (2) U.S. Department of Urban Development (HUD) Community Development Block Grant (CDBG) applications to support stormwater and transportation related activities in the community. CONSIDERATIONS: The Capital Project Planning, Impact Fees and Program Management Division responded to a grant announcement from the Collier County Community and Human Services Division (CHS) for the FY2017-2018 HUD funding cycle. The following is a brief description of the two (2) applications submitted: The Immokalee Stormwater Improvement Acquisition Project - The County’s Stormwater Management Section (SMS) is currently evaluating eight (8) different sites throughout Immokalee for purchase. The land will be used for stormwater treatment ponds. The majority of the sites border the wetland areas immediately south of the community, however, there are some parcels located north of New Market Road. SMS staff will contact the property owners of the eight (8) sites to determine their interest in selling their land to the County. SMS would only work with willing sellers. Once a site is identified the SMS staff will complete an appraisal, agree to a sales price, complete a sales contract agreement with all grant regulations included and will close on the property. Construction costs of the treatment ponds will either come from additional grants and/or the County’s general fund. Peters Avenue Streetscape Improvement Project - The County’s Transportation Planning Section (TPS) is proposing to install a five-foot (5’) wide sidewalk, supplement existing street lights and pipe the swale on the west side of Peters Avenue to allow for the construction of the sidewalk. T he project scope is approximately 1,200 linear feet (.22 miles) along Peters Avenue from U.S. 41 to Collee Court. Peters Avenue is located south of the intersection of U.S. 41 (aka Tamiami Trail East) and Airport Pulling Road. TPS hired the engineering firm of CH2M, Inc., to review the Peters Avenue location and provide an estimate of construction cost. The TPS will receive sidewalk development funds from KRG Courthouse Shadows, LLC through the Planned Unit Development (PUD) Amendment process. Identified in Section Thirteen of the PUD Ordinance under the Traffic Section, the developer “...shall pay for the design and construction of a five- foot sidewalk along Peters avenue up to the sum of $50,000, which shall represent its payment in-lieu consistent with LDC (Land Development Code) Section 6.06.02 for the entire site….” These funds will be utilized to off-set the design and construction cost for the streetscape. The attached grant applications were reviewed and approved by the County Manager on February 28, 2017, and due to CHS on March 1, 2017. The timeline did not provide adequate time for the execution of the County’s pre-approval process. Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant applications with subsequent Community Redevelopment Agency action at the next available Board meeting to ratify the approval as “After-The-Fact”. FISCAL IMPACT: There is no fiscal impact at this time. The request is for approval to submit the grant application to CHS. If awarded, the grant agreement necessary budget amendments will be brought to the CRA for approval at a future date. 03/28/2017 LEGAL CONSIDERATIONS: - The Board will have the opportunity to accept or reject the funds if the grant is approved. Accordingly, this Office has no issue with respect to the legality of this request, which is appropriate for Board action and requires a majority vote for Board Action. - JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION: To approve an After-The-Fact HUD CDBG application submittal to fund the Immokalee Stormwater Improvement Acquisition Project and the Peters Avenue Sidewalk and Lighting Project totaling $420,444. Prepared By: Elly Soto McKuen, Project Manager; Capital Project Planning, Impact Fees and Program Management Department ATTACHMENT(S) 1. [Linked] Immokalee Stormwater Improvement Acquisition Project Application with CAO Stamp (PDF) 2. [Linked] Peters Avenue Streetscape Application with CAO Stamp (PDF) 03/28/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Doc ID: 2810 Item Summary: Recommendation to approve an After-The-Fact U.S. Department of Housing and Urban Development Community Development Block Grant application submittal to fund the Immokalee Stormwater Improvement Acquisition Project and the Peters Avenue Sidewalk and Lighting Project totaling $420,444. Meeting Date: 03/28/2017 Prepared by: Title: Project Manager, CRA – Capital Project Planning, Impact Fees, and Program Management Name: Elly McKuen 03/01/2017 1:59 PM Submitted by: Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program Management Name: Amy Patterson 03/01/2017 1:59 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/01/2017 2:16 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/08/2017 2:59 PM Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 03/09/2017 10:05 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/10/2017 5:00 PM Grants Edmond Kushi Level 2 Grants Review Completed 03/14/2017 3:54 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/14/2017 4:52 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:11 AM Grants Therese Stanley Additional Reviewer Completed 03/17/2017 1:23 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 9:03 PM Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM Co ler County Office of Management & Budget Grant Application Reviewed and Approved by County Manag , or designee: County Manager � date After -the -Fact Approval by the BCC is required at the March 28, 2017 BCC meeting TO: Leo E. Ochs, Jr., County Manager CC: Amy Patterson, Division Director— IF, CPP & PM FROM: Edmond Kushi, Senior Accountant RE: County Manager review and approval of a 2017 Community Development Block Grant (CDBG) Application to Collier County CHS for Immokalee Stromwater Improvement Acquisition Project in the amount of $260,000 February 27, 2017 The Capital Project Planning, Impact Fees and Program Management department is submitting a 2017 CDBG application to the Collier County Community and Human Services Division for Immokalee Stromwater Improvement Acquisition Project in the amount of $260,000 to acquire land for stormwater treatment ponds. There is no match requirement for this grant application. The funding opportunity was announced on January 13, 2017 with a due date of March 1, 2017. Due to the short turnaround, we are requesting that the County Manager approve the application for submittal followed by after the fact approval by the Board of County Commissioners at the March 28, 2017 BCC meeting. Once you have reviewed the grant application, please call me at 239-252-8198 for pick up. Thank you, and please let me know if you have any questions regarding this request. 3299 Tamiami Trail East, Suite 201 • Naples, Florida 34112-5746.239-252-8973 • FAX 239.252-8828 Print/Preview Co ie -r Cowity Powered by ZoomGrantST Collier County Community and Human Services Community and Human Services 2017 Community Development Block Grant (CDBG) 3/1/2017 deadline Page 1 of 10 Collier County Government-Stormwater Management Section Immokalee Stormwater Improvement Acquisition Project $ 260,000.00 Requested $ 260,000 Total Project Cost Project Contact Elly McKuen e I Ivmckue n 0coll ieMoy. net Tel: (239) 252-5890 Additional Contacts none entered Agency Information Collier County Government- Stormwater Management Section 2685 S. Horseshoe Drive Suite 103 Naples, FL 34102 United States Director, CPP, Impact Fees and Program Management Amy Patterson AmyPatterson(@Collieroov. net Section 3: AGENCY ORGANIZATION INFORMATION 1. Is your organization a non-profit with 501(c)(3) status? ❑ Yes ✓ No 2. How many years have you been in operation? /A Years 0400 TOTAL Telephone(239) 252-5890 Fax Web www.Colliergov.net 3. Is your organization or agency faith based? If yes, all faith -based organizations must complete and attach Acknowledgement of Religious Organization Requirements Form (in the Documents tab) ❑ Yes ✓ No 4. Does your agency have written personnel, fiscal/procurement & implemented policy? (Community and Human Services will review upon award) ✓ Yes ❑ No 5. Does your agency have a written operating procedures manual? (Community and Human Services will review upon award) ✓ Yes ❑ No 6. Physical Address (if different from mailing address listed in previous tab) If the mailing and physical address are the same, enter 'Same'. https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 Print/Preview -no answer - Application Questions Section 4: NATIONAL OBJECTIVES 1. Which one of the three National Objectives will this project target? For additional information, click the Application Guide tab, above. ✓ Benefits low and moderate income persons (24 CFR 570.208(a)) El Aids in the prevention or elimination of slums or blight (24 CF 570.208(b)) El Qualifies as a certified urgent need (24 CF 570.208(c)) Page 2 of 10 2. Provide justification for how your project targets the National Objective selected above. Refer to the Application Guide tab, above, for specific subcategories to address. This stormwater acquisition project is located within the Immokalee Community. As such, is located in a Low and Moderate Income (LMI) Area. The Immokalee Community meets the HUD criteria as outlined in 24 CFR 570.280(a)(1)(i): "...An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low and moderate income persons..." The Immokalee Community has long struggled with stormwater issues during the summer and the rainy season. The majority of the community was built on single lots and with the lack of formalized subdivision and Planned Unit Developments, the community struggles without a dedication plan to drain the streets and neighborhoods. The current system is a combination of swales (both deep and shallow), piped areas that move water to a few storage areas and most prevalent, no improvements at all. Most residential streets lack improvements causing stormwater to pond and only drain through the percolation process. This community has neither the private resources nor the economic capacity to construct the needed streetscape improvements in this area. The community has no neighborhood association to pay for the improvements and the residents are economically distressed. Section 5: INDICATOR ACTIVITY CODE (HUD MATRIX CODES) 3. Which HUD Activity Code best reflects this proposed project? Refer to the HUD Activity Codes document in the Library tab for a list of codes. If your project reflects more than 1 matrix code, you must submit multiple applications. (Click the Open Programs tab, above, to create an additional application.) „__Ot Activity Code TOTAL Section 6: PROJECT DESCRIPTION AND GOALS 4. Concise Project Description and Goals Narrative (placing emphasis in THIS project application) Refer to Applicant Guide tab for specific instructions. The County's Stormwater Management Section (SMS) is currently evaluating eight (8) different sites throughout Immokalee to purchase for the use of stormwater treatment ponds. The majority of the sites border the wetland areas immediately south of the community, however, there are some parcels located north of New Market Road. SMS staff would contact the property owners of the 8 sites to determine their interest in selling their land to the County. SMS will only work with willing sellers. Once a site is identified the SMS staff will complete an appraisal, agree to a sales price, complete a land sales agreement with all applicable grant regulations as required and will close on the property. The acquisition of land for stormwater treatment ponds will fulfill one of the redevelopment goals of the 2017 Immokalee Action Plan approved by the Immokalee community on November 8, 2016. Section 7: IMPACT ON COLLIER COUNTY'S PRIORITY NEEDS NOTED IN THE APPLICANT GUIDE 5. Impact on Collier County's Priority Needs Noted in the Applicant Guide Narrative Refer to Applicant Guide tab for specific instructions. The Immokalee Stormwater Improvement Project implements one of the identified HUD priorities —Acquisition. In addition, - this project implements one of the Community and Human Services Department Priority Needs as an Infrastructure https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 Print/Preview Page 3 of 10 Improvement located in the Immokalee Community. The Code of Federal Regulations (CFR) 24 CFR 570.201(a) identifies an eligible CDBG activity as "...acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements..." Once acquisition occurs, the stormwater treatment pond improvements will comply with Community/Neighborhood or Public Facilities and while there is no specific reference to what constitutes this activity in the CFR's, the HUD Basically CDBG Manual references eligible uses under this priority to "...include, but not limited to public schools, libraries, recreational facilities, parks, playgrounds, streets, curbs, water and sewer lines..." In addition to HUD priorities, the Immokalee Stormwater Improvement Acquisition Project is located within a Community Redevelopment Area and also complies with Florida State Statutes 163.370(2)(c) and 163.370(2)(d) that stales a Redevelopment Area is charged with providing; arranging for, installing, constructing or reconstructing improvements as outlined below. "(c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas, stormwater... improvement necessary for carrying out in the community redevelopment area... the community redevelopment objectives of this part in accordance with the community redevelopment plan..." "(d) To provide or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate..." Section 8: EXPERIENCE AND CAPACITY 6. Experience and Capacity Narrative Refer to Applicant Guide tab for specific instructions. As part of the Collier County Government Agency, the Stormwater Management Section (SMS) is a section within the Capital Project Planning, Impact Fees and Program Management Division (CPP, IF & PM) and reports to the Growth Management Department (GMD). The Stormwater Management Section's day-to-day responsibilities includes identification of areas within the County that incur localized flooding, evaluation of the flooding problem, development of a plan to correct the flooding problem, preparation of construction plans and permits to allow construction once appropriate land rights are obtained and doing all of this within the confines of a constrained budget. Once a site is identified with a willing seller, the SMS's Principal Project Manager Robert Wiley will oversee the acquisition of the site with the assistance of the Project Manager, Elly McKuen to ensure all federal regulations are followed in the acquisition process. Mr. Wiley has over 35 years of engineering, design, modeling, special studies, etc experience as identified in his resume attached. Ms. McKuen has approximately 25 years experience with federal grant processes, in particular, HUD CDBG grants (resumes attached). The SMS partners with other divisions in the GMD for land use and development issues. In addition, SMS coordinates with the County's Procurement Services Division for bidding and purchasing items, Real Property for land acquisition and land/building management, the Office of Management and Budget (OMB) for financial support, County Attorney's Office for legal issues along with the County Manager's Office for program assistance and administration. The OMB and Collier County Clerk's Office provides accountants and fiscal technicians that have a great depth of experience in managing federal grants. SMS grant administrative staff has worked with Community and Human Services to administer federal (HUD) grants. Grant administrative staff has received training from the OMB Division, Clerk of the Court's Office, and Procurement Division in grants administration through various locally administered sessions. 7. Have you received funding in the past? If so, please complete the Prior Awards table in the Tables tab. ❑ Yes AND the Prior Awards table is complete ✓ No Section 9: ADDITIONAL PROJECT SPECIFIC INFORMATION 8. Additional Project Specific Information Narrative (include sources of estimates) Refer to the Applicant Guide tab for specific instructions. As outlined in previous sections the purpose of the project is to identify a willing seller in order to acquire land for a stormwater treatment pond in order to treat stormwater before it goes into downstream channels or wetland areas. This is https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 Print/Preview Page 4 of 10 one of the first steps in rectifying some of the stormwater issues that have plagued the community for years. Stormwater runoff is rainfall that flows over the ground surface. It is created when rain falls on roads, driveways, parking lots, rooftops and other paved or saturated surfaces that do not allow water to soak into the ground. Stormwater runoff is the number one cause of stream impairment. Where rain falls on paved surfaces, a much greater amount of runoff is generated compared to runoff from the same storm falling over a forested area. The large volumes of water are swiftly carried to local streams, lakes, wetlands and rivers and can cause flooding and erosion, and wash away important habitat for fauna that live in or near the stream. Stormwater runoff also picks up and carries with it many different pollutants that are found on paved surfaces such as sediment, nitrogen, phosphorus, bacteria, oil and grease, trash, pesticides and metals. These pollutants come from a variety of sources, including animal waste, lawn and agricultural fertilization, automobiles, construction sites, illegal dumping and spills, and pesticide application. Researchers have found that as the amount of paved surfaces (a.k.a. impervious cover) in the watershed increases, stream health declines accordingly. The County's SMS subscribes to Low -Impact Development (LID) concepts as part of the County's stormwater management approaches. LID seeks to manage runoff using distributed and decentralized small-scale controls. LID's goal is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to its source. Instead of conveying and treating stormwater solely in large end -of -pipe facilities located at the bottom of drainage areas, LID addresses stormwater through small-scale landscape practices and design approaches that preserve natural drainage features and patterns. Several elements of LID such as preserving natural drainage and landscape features fit right into the Green Infrastructure approach. Additionally, and as outlined in the experience and capacity section of the application, both the Principal Project Manager and the Project Manager has extensive project management experience. The SMS team has a combined experience of more than 55 years with project analysis and management. Section 10: ENVIRONMENTAL ISSUES 9. Put a check in any box that pertains to the proposed activity. If you check any of the boxes below (except 'None of the above), you must provide an explanation in the next question. If you check the None of the above' box, you may enter'N/A' in the next question. ❑ Project/property, is located on an historical or archeological site J Project/property is in the 100 -year flood plain ❑ Project/property is in a wetlands area ❑ Project/property is in a coastal barrier area ® Project/property is within a half -mile of an airfield ❑ Project/property is near storage or manufacturing facility of industrial products .❑ Project/property is on or near soil contaminated by diesellfuel or gasoline ❑ Project/property is expected to impact the environment in any negative manner or pose a hazard or nuisance ❑ Endangered or threatened or listed species are located on the proposed project site ❑ There are environmental concerns or impediments associated with the proposed activity (if yes, please provide detail) ❑ Project/property is expected to adversely affect the environment ❑ Project/property is NOT on a properly zoned site (if not zoned properly, please explain) ❑ None of the above 10. If you checked any box (except'None of the above') in the previous question, provide an explanation in the box below. If you checked'None of the above' in the previous question, please enter'N/A'. The Collier County floodplain is very broad, and except for areas near the coast which are subject to tidal surge flood the floodplain is generally very shallow. This broad, shallow floodplain is created by sheetflow created during extremely heavy rainfall events such as the theoretical 100 -year rainfall as shown on the Digital Flood Insurance Rate Map (DFIRM) published by the Federal Emergency Management Agency (FEMA). In the Immokalee area, existing canals, ditches and natural sloughs (long linear natural low areas that allow for the slow flow of surface water) are mapped as the AE flood zone. This designation identifies that the depth of flooding is expected to be greater than three (3) feet during the peak flooding from a 100 -year rainfall event. Much of the Immokalee area is mapped within the AH flood zone which identifies that the depth of flooding is expected to be between one (1) to three (3) feet with almost imperceptible flow movement. This broad AH floodplain is very common where the topographic relief is very flat as it https://www.zoomgrants.carn/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 Print/Preview is throughout Collier County. Page 5 of 10 Due to the flat topography Collier County non -coastal floodplains do not experience rapidly moving Floodwaters or dangerous flash flooding. As the canals, ditches and sloughs fill with rainfall runoff, there is a gradual expansion beyond the edges of those features that results in a shallow sheet-like layer of water covering much of the land surface. The lateral movement of this shallow sheet of water is called sheetflow and is often almost imperceptible. After the intense rainfall ends there is a gradual passing of the runoff through the canals, ditches and sloughs and a return of the sheetflow back to within the boundaries of those canals, ditches and sloughs. Section 11: PROJECT IMPLEMENTATION PLAN AND READINESS TO IMPLEMENT 11. Project Implementation Plan and Readiness to Implement Refer to Applicant Guide tab for specific instructions. In order to expedite this project, SMS will begin to contact potential property owners once the conditional approval letter has been received. Between June and August 2017, SMS staff will identify a site, a willing seller and commission the appraisal. After the Subrecipient agreement and the environmental review (for the applicable site) is in place for this project the SMS Principal Project Manager will work with CHS staff to gain approval of the appraisal and fulfil the obligations of the Uniform Relocation Act prior to the land closing. SMS anticipates the Immokalee Stormwater Improvement Land Acquisition project will take approximately nine (9) months to complete. June/July 2017 — Willing seller(s) identified — appraisal commissioned July/August 2017 —Appraisal review and approved by CHS staff October 2017 - Subrecipient Agreement and Board Approval October/November 2017— Environmental Review on identified parcel - completed by CHS December 2017/January 2018 — Uniform Relocation Process started and completed January 2018 — Land purchase February 2018 — Project complete and monitoring closeout issued 12. Please complete the Project Timeline table in the Tables tab, then check the box below to confirm. Timelines must be well thought out, complete, and achievable. Failure to provide adequate timelines may result in disqualification. ✓ Project Timeline is complete Section 12: FINANCIAL MANAGEMENT 13. Financial Management Refer to the Applicant Guide tab for specific instructions. To date, the SMS has spent approximately $25,000 in staff time evaluating the Immokalee community, determining the best sites for stormwater improvements, working to update the Immokalee Stormwater Master Plan and completing modeling to move the stormwater through the proper channels and swales. SMS staff time will be used as leverage for this project and will be outside the scope of the request for funding. SMS, through the Capital Project Planning, Impact Fees & Program Management Division, joins Growth Management Department (GMD) in demonstrating financial stability with a checks and balance system by submitting a single audit through the OMB Office on an annual basis. The Collier County Clerk of the Courts performs the single audit on behalf of all county government entities. As a division of GMD, SMS within the Capital Project Planning, Impact Fees & Program Management Division has the capacity to sustain payment to our vendors through the County financial system and the ability to wait for reimbursement from the funding grant. 14. Please complete and upload the Financial Review Spreadsheet in the Documents tab. ✓ Financial Review Spreadsheet is complete and uploaded 15. Agency maintains the following records: Check all that apply. ✓ Cash Receipts Journal https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 Print/Preview ✓ Cash Disbursements Journal ✓ General Ledger ✓ Charts of Accounts ✓ Payroll Journal and Individual Payroll Records ✓ Individual Personnel Files ✓ Written Procurement Procedures ✓ Capital Inventory ✓ Written Travel Policy ✓ Property Control Policy and Records El None of the above 16. Agency agrees to: Check all that apply. ✓ Submit complete audits for every year during contract ✓ Retaining all project records for the applicable time period as outlined in applicable regulations Section 13: OUTCOMES AND PERFORMANCE MEASURES Page 6 of 10 17. Outcomes and Performance Measures Refer to the Applicant Guide tab for specific instructions. The outcome of a stormwater treatment pond, in this case, is the acquisition of an identified location that will contribute to the overall improvement of stormwater issues in the Immokalee Community. The performance measure for this project will be the ability to begin to collect and treat stormwater as needed. Section 14: BUDGET 18. Please complete the Budget Summary and Itemization table in the Tables tab, then check the box below to confirm. ✓ Budget Summary and Itemization table is complete Section 15: ESTIMATED PROGRAM INCOME 19. Will program income be generated as a result of the service or product provided? If so, please use the 'explain' box to indicate the SOURCE of the income generated (rent, proceeds, revenue, program fees, etc.) and the TOTAL DOLLAR AMOUNT that will be generated. 11 Yes, please explain: ✓ No 20. Estimated Program Income Narrative Refer to the Applicant Guide tab for specific instructions. If no program income will be generated, enter'N/A'. N/A 21. If program income is anticipated, indicate how the funds will be utilized: ❑ Organization will track, re -use within the program and report to CHS on a monthly basis ❑ Organization will submit program income to CHS on a monthly (or at least yearly basis) ✓ NIA -No program income will be generated Section 16: LEVERAGED OR MATCH FUNDS 22. If applicable, please complete the Leveraged or Match Funds table in the Tables tab, then confirm below. ✓ Leveraged or Match Funds table is complete El N/A - No leveraged or matched funds exist https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 Print/Preview Tables Page 7 of 10 Prior Awards # of Days to Date Completed/Anticipated Date Fiscal Year Award Amount Clients Served Project Location FY $ N/A FY $ FY $ FY _._.__--._ $ - -------------------- -- FY __----._----- $ FY $ -------------______ FY $ FY $ FY $ FY $ FY $ Total $ 0 0 Project Timeline Tasks # of Days to Date Completed/Anticipated Date Responsible Party Complete (Month & Year) Days Willing Seller(s) identified- 60 Days June/July 2017 SMS Principal Project appraisal commissioned Manager Appraisal review and approved by 60 Days July/August 2017 CHS Staff CHS Staff Subrecipient Agreement and 30 Days October 2017 CHS Staff Board Approval Environmental Review on 60 Days October/November 217 CHS Staff identified parcel -completed by CHS Uniform Relocation Process 60 Days December 2017/January 2018 CHS Staff and SMS started and completed Principal Project Manager Land Purchase 30 Days January 2018 ----- _._.. -- SMS Project Manager Project complete and monitoring 30 Days February 2018 CHS Staff and SMS Project closeout Manager Days Days Days Days Days Days Days Days Days Days Days Days https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid-73728&print=R 2/25/2017 Print/Preview Page 8 of 10 Total 330 Days Budget Summary and Itemization Project Components- Detail/Itemization CDBG Other by Funding Funds Leverage/Match Total Narrative Deliverable Line Item Staff time, modeling, $ $ $ 25,000 $ County SMS staff N/A field observation, review reviewing potential of land ownership stormwater sites, patterns updating the Immokalee Stormwater Master Plan, modeling Appraisal and land $ 260,000 $ $ $ land acquisition, Appraisal, land acquisition appraisal, closing sales costs, URA (if agreement, applicable) closing documents $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ __.. $ ..$.. $ $ $ -.._$ ----- ------------- Total Total $ 260,000 $0 $ 25,000 $0 Print/Preview Total Documents Page 9 of 10 $ $ 25,000 Documents Requested * Required? Attached Documents 501(c)(3) IRS Tax Exemption Letter ,/ Stormwater 501 c3 Articles oflncorporatioh -- -- ,/--- Stormwater Articles of Incorporation By -Laws - -- --. -- ,j - Stormwater By -Laws- - _- Organizational Chart ,/ Stormwater Organization Chart List of Board of Directors ,/ Stormwater Board of Directors Resumes, Pay Scales with Job Descriptions - ,/- Stormwater Job Descriptions and Resumes - State of Florida Certificate of Good Standing ,/ - Stormwater Good Standing Board Resolution authorizing submittal of grant-- ,/ Stormwater Board Resolution application Preceding 2 -year completed audits including V management letter and findings Acknowledgement Letter download template Affidavit ofCompliancewithFederal,State,and- ✓...-- ---- Local Regulations download template ...--- ------- ------ ------ Certification ofCDBGFunded _.._ -- --- --------- __ Construction/Rehabilitation Projects download template Acknowledgment of Religious Organization Requirements (template?) download template Certification Regarding Debarment, Suspension, ,/ Ineligibility Voluntary Exclusion download template Procurement Policy ,/ Stormwater Procurement Policv Match Documentation --------- rvi-- ------ Internal Revenue Service Farm 990 -First 12 page ,/ Stormwater Form 990 of the last 2 years ---- __ -- -- -- ----- IF APPLICABLE: Verification of site plan/plat approval IF APPLICABLE: Verification of zoning IF APPLICABLE: Location map/photo of site IF APPLICABLE: Floor plans IF APPLICABLE: Relocation plan associated with - -- -- --- - Uniform Relocation regulations Financial Review Spreadsheet ,f Stormwater Financial Review Spreadsheet download template Additional documents, if needed Immokalee Stormwater Treatment Pond Proposed Location Map *ZoomGrantsTM is not responsible for the content of uploaded documents. Application ID: 73728 Become a fan of ZoomGrants- on Facebook Problems? contact us at Questions Zoom Granis.com https://www.zoomgrants.com/pi-intprop.asp?rfpid-1302&propid-73728&print=R 2/25/2017 Print/Preview 02002-2017 GranlAnalysl.com. All rights reserved. "ZoomGrants" and the ZoorrGrants logo are trademarks of GrantAnalyst.com, LLC. Logout[ Browser Page 10 of 10 https://www.zooingrants,com/printprop.asp?rfpid=1302&propid=73728&print=R 2/25/2017 'e L• • ManagementGrowth Management Deparb-nent Capital Project Planning, Impact Fees & Program • IRS TAX EXEMPTION STATUS The Stormwater Management Section does not have 501(c)(3) IRS Tax Exemption Status. It is an agency within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management 2800 Nath Horseshoe Drive • Naples, Florida 34104.230,252-2400 • WWW.00lliergov.net G ui .� ".� a Growth Management Department is'yFSY f«ypP � - •� Management Division ORGANIZATIO g- ORGANIZATIONAL BY-LAWS The Stoirnwater Management Section does not have organizational by- laws. It is an agency within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 Not Horseshoe Drive • Naples, Fonda 34104.23&252-2400 • muolliergov.net Stormwater Management Jerry Kurtz, Manager Robert Wiley Principal Project Manager Elly Soto McKuen Project Manager Board of County Commissioners County Manager Growth Management Department David Wilkison, Department Head James French, Deputy Dept Head Capital Project Planning, Impact Fees and Program Management Division Amy Patterson, Director TransportationPollution Control Impact Fees ( Coastal l Planning I I Management Growth Management Department Capital Project Planning, Impact Fees & Program Management Division BOARD OF DIRECTORS The Stormwater Management Section of the Capital Project Planning, Impact Fees & Program Management Division Board of Directors is made up of the Collier County Board of County Commissioners. The Commissioners are: Penny Taylor, Chairman Andrew Solis, Vice -Chairman Burt Saunders William McDaniel Donna Fiala 2800 Nath Horsestae DrNe • Naples, Florida 34104.239-252-2400 • www oMergov.net Project Manager, ® ColllerCountyPrincipal Class 13835 COLLIER COUNTY Revision Date; Oct 1, 2015 Bargaining Unit: General/Non-Union SALARY RANGE $40.34 - $58.86 Hourly $3,227.12 - $4,708.88 Biweekly $83,905.00 - $122,431.00 Annually PURPOSE OF CLASSIFICATION: The purpose of this classification Is to perform supervisory work, professional engineering design work, and project management work involving construction projects for an assigned division. Supervises, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; conducts interviews and makes hiring recommendations; coordinates or conducts staff training activities. Provides direction, guidance and assistance to employees, contractors, and work crews; coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; confers with staff, contractors, and work crews as needed; assists with complex/problem situations and provides technical expertise. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; interprets construction plans and specifications; researches code books as needed; initiates any actions necessary to correct deviations or violations. Consults with division management or other officials to review status of division projects, review/resolve problems, receive advice/direction, and provide recommendations, Plans, prioritizes, supervises, and oversees the work of staff members and consultants involved in the design, planning, scheduling, construction, specification development, and various activities during various stages of projects. Recommends and assists with Implementation of long and short term plans, goals, and objectives; evaluates efficiency and effectiveness of division operations, activities, systems, and procedures and recommends Improvements or modifications; reviews proposed legislation to determine potential impact on current/future projects/programs; assesses and provides input regarding the impact of project activities on County public/private facilities. Establishes schedules and methods for providing effective and timely project management support; develops project tracking and status reporting systems; prepares various reports on status of operations and activities. Assists with development and implementation of divisional policies and procedures. Assists with development and Implementation of divisional budget; prepares and administers project budgets; prepares cost estimates; submits justifications for budget requests; monitors expenditures to ensure compliance with approved budget. Designs/develops architectural drawings, engineering plans, and specifications associated with proposed projects; defines design needs; determines design solutions; develops design modifications and improvements to existing systems; produces designs using computer- aided design (CAD) software and drafting instruments; maintains computer models and provides modeling data to consultants. Prepares engineering reports, analyses, and records. Reviews construction plans, designs, design reports, and specifications pertaining to projects; reviews design compliance with applicable laws, codes, and standards; ensures constructability of plans; conducts field checks of proposed designs; makes recommendations concerning improvements, modifications, design strategies, structural systems, or other aspects of project development. Prepares project schedules; monitors progress of project in meeting established schedule. Coordinates process for bidding and contracting of services; prepares Requests For Proposal (RFPs) for engineering services, design services,, construction services, inspection services, maintenance services, or other services; prepares bid packages; conducts pre-bid and pre - construction meetings; Issues addendums to clarify questionable issues; participates in negotiations of scope of services and fees for professional services agreements; makes recommendations to Boards regarding selection of vendors and awarding of contracts; compiles contract language, including specifications package. Coordinates acquisition and/or maintenance of required permitting; researches federal, state, and local code requirements; coordinates efforts between multiple divisions, co - applicants, and consultants to prepare application documents; develops programs and reports as required by permit. Oversees, administers, and coordinates work performed by consultants, contractors, or other service providers; administers annual maintenance contracts; monitors work to ensure compliance with terms of contract; reviews invoices and payment requests submitted by consultants/contractors. Manages projects during design and construction phases; attends regular project progress meetings, prepares, reviews, and processes change orders for changes to contracted scope of work; processes purchase order requisitions, work orders, and Invoices; reviews project progress reports submitted by contractors; monitors adherence to project schedules; provides technical assistance to capital projects management staff. Conducts inspections, monitors work, and maintains records to ensure quality control; inspects quality of construction work and materials; coordinates final Inspections with contractors and engineers; coordinates project acceptance with other County divisions or government agencies. Prepares executive summaries for presentation to Board of County Commissioners, Planning Commission, or other officials. Provides technical advice, information, and assistance concerning engineering issues, project management issues, design/construction activities, and other issues to contractors, consultants, County staff, public agencies, or others; responds to questions or complaints; assists in resolving engineering problems, project development issues, or conflicts involving project participants; recommends solutions to problems. Coordinates projects and work activities with other divisions, consultants, contractors, sub- contractors, utility companies, state agencies, outside agencies, or others as needed; coordinates with utility engineering staff to Identify location of existing utilities and conduct other utility work. Coordinates public education activities relating to division projects, services, and activities; coordinates neighborhood programs involving participation of residents, such as resident traffic teams; speaks to property owners and community organizations and provides information regarding projects and activities; develops press releases and public information materials for distribution. Participates in legal. activities relating to projects; attends hearings during court proceedings and provides depositions; meets with County Attorneys to discuss cases. Prepares/submits requests for review/changes to ordinances or resolutions. Prepares or completes various forms, reports, correspondence, performance appraisals, executive summaries, engineering reports, engineering analyses, requests for proposals, requests for qualifications, specifications, schedules, flow charts, progress/status reports, budget documents, cost estimates, purchase order requisitions, notices to proceed, work orders, change orders, punch lists, agendas, action plans, permit applications, permit reports, right-of-way documents, grant proposals, drawings, designs, maps, or other documents. Receives various forms, reports, correspondence, job applications, statistical reports, land surveys, traffic counts/studies, drawings, construction plans, design plans, flow charts, diagrams, design reports, schedules, bid proposals, cost estimates, permit applications, contracts, change orders, progress reports, budget reports, invoices, payment requests, insurance certificates, inspection reports, technical study reports, laboratory reports, photographs, master plans, specifications, standards, product literature, proposed legislation, codes, policies, procedures, trade publications, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Maintains files/records of project documentation, contracts, construction drawings, and other divisional records. Operates a motor vehicle, personal computer, drafting tools, survey Instruments, camera, general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, graphics, computer-aided design (CAD), e mail, Internet, or other computer programs. Monitors inventory of division equipment and supplies; ensures availability of adequate materials to conduct projects and work activities; initiates orders for new/replacement materials. Communicates with supervisor, County officials, employees, other divisions, attorneys, engineers, designers, consultants, contractors, developers, vendors/suppliers, utility companies, state/federal agencies, the public, the media, community organizations, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange Information, resolve problems, or give/receive advice/direction. Attends various meetings and hearings, serves on committees, and makes presentations as needed; represents the County at meetings and public hearings; explains County policies and procedures relating to project activities. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new construction methods, materials, trends, and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and, training sessions as appropriate. ADDITIONAL. FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, filing documentation, or picking up/delivering project documents. Provides assistance to other employees or divisions as needed. Performs other related duties as required. In the event of declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to perform in a supervisory capacity over subordinate supervisors. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate and control the actions of equipment, machinery, tools and/or materials requiring complex and rapid adjustments. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, Incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems, Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity In situations Involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may Involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, temperature and noise extremes, fumes, traffic hazards, or bright/dim light. MINIMUM QUALIFICATIONS: Bachelor's degree in Civil Engineering, Construction Management, Environmental Engineering, Landscape Architecture, Architecture, or a related field; supplemented by.nine (9) years of progressively responsible previous experience and/or training that includes project management, civil engineering, engineering design, construction supervision, budget administration, contract administration, computer-aided design (CAD) operatlons, and experience in specific area of assignment, which may include utilities engineering, transportation engineering, traffic engineering, landscape design/management, stormwater management, facilities management, or other area of assignment; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain valid State of Florida Professional Engineer (P.E.) license or obtain one within six (6) months of hire; or must possess and maintain other equivalent valid licenses as a Licensed Building Architect, a Licensed Geologist or a Licensed Land Surveyor or obtain appropriate license within six (6) months of hire, depending upon area of concentration. Assignment to Facilities Management projects may requires possession and maintenance of a valid State of Florida General Contractor's License. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s) to drive a County vehicle as provided in CMA 5805. Fingerprinting required. BCC128 Exempt Collier County - Class Specification Bulletin Gti. f�� Coully COLLIER COUNTY Revision Date: Oct 1, 2015 Project Manager Bargaining Unit: General/Non-Union SALARY RANGE $29.57 - $45.69 Hourly $2,365.96 - $3,655,38 Biweekly $61,515.00 - $95,040.00 Annually Class Code: 13875 PURPOSE OF UASSIFICATION: The purpose of this classification Is to manage and coordinate activities of construction projects for an assigned division. ESSENTIAL FUNCTIONS: Provides direction, guidance and assistance to contractors and work crews; coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; confers with contractors and work crews, assists with complex/problem situations, and provides technical expertise. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; interprets construction plans and specifications; researches code books as needed; Initiates any actions necessary to correct deviations or violations. Consults with division management or other officials to review status of division projects, review/resolve problems, receive advice/direction, and provide recommendations. Reviews construction plans, designs, and specifications pertaining to projects; develops designs, drawings, or maps associated with proposed or approved projects; makes recommendations concerning Improvements, modifications, design strategies, structural systems, or other aspects of project development. Prepares and administers project budgets; submits justifications for budget requests; monitors expenditures to ensure compliance with approved budget, Prepares project schedules; monitors progress of project in meeting established schedule. Coordinates process for bidding and contracting of services; prepares Requests For Proposal (RFPs)for engineering services, design services, construction services, inspection services, maintenance services, or other services; prepares bid packages; conducts pre-bid and pre - construction meetings; issues addendums to clarify questionable issues; participates in negotiations of scope of services and fees for professional services agreements; makes recommendations to Boards regarding selection of vendors and awarding of contracts; compiles language for contracts and specifications packages. Coordinates acquisition and/or maintenance of required permitting; researches federal, state, and local code requirements; coordinates efforts between multiple divisions, co -applicants, and consultants to prepare application documents; develops programs and reports as required by permit. Oversees, administers, and coordinates work performed by consultants, contractors, or other service providers; administers annual maintenance contracts; monitors work to ensure compliance with terms of contract; reviews invoices and payment requests submitted by consultants/contractors. Manages projects during design and construction phases; attends regular project progress meetings; prepares, reviews, and processes change orders for changes to contracted scope of work; processes purchase order requisitions, work orders, and invoices; reviews project progress reports submitted by contractors; monitors adherence to project schedules. Conducts Inspections, monitors work, and maintains records to ensure quality control; inspects quality of construction work and materials; coordinates final Inspections with http://agency.governmetitjobs.conilcollierldefault.cfhi?action=speebtilletin&Clas8SpcclD=44592&heidorfootet=0[3/8/2016 4:02:48 PM] Collier County -Class Specification flultetin contractors and engineers; coordinates project acceptance with other County divisions or government agencies. Prepares executive summaries for presentation to Board of County Commissioners, Planning Commission, or other officials. Provides technical advice, Information, and assistance concerning engineering issues, project management issues, design/construction activities, and other issues to contractors, consultants, County staff, public agencies, or others; responds to questions or complaints; assists in resolving engineering problems, project development issues, or conflicts involving project participants; recommends solutions to problems. Coordinates projects and work activities with other divisions, consultants, contractors, sub- contractors, utility companies, state agencies, outside agencies, or others as needed; coordinates with utility engineering staff to identify location of existing utilities and conduct other utility work. Coordinates public education activities relating to division projects, services, and activities; coordinates neighborhood programs Involving participation of residents, such as resident traffic teams; speaks to property owners and community organizations and provides Information regarding projects and activities; develops press releases and public information materials for distribution. Participates in legal activities relating to projects, attends hearings during court proceedings and provides depositions; meets with County Attorneys to discuss cases. Prepares/submits requests for review/changes to ordinances or resolutions, Prepares or completes various forms, reports, correspondence, executive summaries, requests for proposals, requests for qualifications, schedules, flow charts, progress/status reports, budget documents, cost estimates, purchase order requisitions, notices to proceed, work orders, change orders, punch lists, agendas, action plans, permit applications, permit reports, grant proposals, drawings, designs, maps, or other documents. Receives various forms, reports, correspondence, statistical reports, schedules, bid proposals, drawings, construction plans, design plans, flow charts, permit applications, contracts, change orders, progress reports, budget reports, invoices, payment requests, insurance certificates, inspection reports, technical study reports, laboratory reports, photographs, master plans, specifications, standards, product literature, codes, policies, procedures, trade publications, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Maintains files/records of project documentation, contracts, construction drawings, and other divisional records. Operates a motor vehicle, personal computer, drafting tools, survey instruments, camera, general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, graphics, computer-aided design (CAD), e mail, Internet, or other computer programs. Monitors inventory of division equipment and supplies; ensures availability of adequate materials to conduct projects and work activities; Initiates orders for new/replacement materials. Communicates with supervisor, County officials, employees, other divisions, attorneys, engineers, designers, consultants, contractors, developers, vendors/suppliers, utility companies, state/federal agencies, the public, community organizations, outside agencies, and other Individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems. Attends various meetings and hearings, serves on committees, and makes presentations as needed, Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new construction methods, materials, trends, and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate, ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may Include answering telephone calls, making copies, sending/receiving faxes, filing documentation, or picking up/delivering project documents. Provides assistance to other employees or divisions as needed. Performs other related duties as required, In the event of declared state of emergency, employees in this classification may be called to littp:tlageticy.governmentjobs.com/collierldefwltefin?action=speebutietin&CIosSpccII3z-44592&headerfooter0[3/8120164:02:48 PAq Collier County - Class Specification Bulletin work during days or hours other than those for which they are regularly scheduled. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria, Includes exercising discretion In determining actual or probable consequences and in referencing such evaluation to Identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project, program, or designated area of responsibility. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and Information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise Independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may Involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, temperature and noise extremes, fumes, traffic hazards, or bright/dim light. MINIMUM QUALIFICATIONS: Bachelor's degree in Civil Engineering, Construction Management, Landscape Architecture, Environmental Engineering, Architecture, or a related field; supplemented by six (6) years previous experience and/or training that Includes project management, construction supervision, budget administration, contract administration, and experience in specific area of assignment, which may Include utilities engineering, transportation engineering, traffic engineering, landscape design/management, environmental program administration, stormwater management, facilities management, solid waste engineering project management (solid waste processing, disposal, transfer, and recycling facilities) or other area of assignment; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsements) to drive a County vehicle as provided in CMA 5805. http://agency.govermnentjobs.com/collieridofmJtcfm?action =specbuiletin&ClnssSpeolD=44592&headerfootet-0[3/8/2016 4:02:48 PM] Collier County - Class Specification Bulletin Fingerprinting required. SUPPLEMENTAL INFORMATION: BCC123 Exempt hnp://agency.govemmentjobs.conilcollier/default.cfm?action= pecbulletin&ClassSpeeID=44592&Leadcrfootei=0[3/8/2016 4:02:48 PM] RESUME OF ROBERT WILE'Y Address: 18100 Glades Farm Road Home Phone: (239) 495-8435 Estero, FL 33928 Work Phone: (239) 252-2322 Home E -Mail: Wileyfarm@cnibaromaiI.com Work E -Mail: RobertWiley(cr�,collier og v.net PERSONAL INFORMATION Age: 61 Marital Status: Married, three children Place of Birth: Logan, WV Weight: 140 lbs. Height: 5 feet 10 inches PROFESSIONAL STATUS Registered Professional Engineer, State of West Virginia (inactive) Registered Professional Engineer, State of Florida Certified Floodplain Manager EDUCATION Gilbert High School, Gilbert, WV - Graduated in 1973 West Virginia Institute of Technology, Montgomery, WV Degree: B.S. in Civil Engineering - December, 1977 Temple Baptist Theological Seminary, Chattanooga, TN Degree: Completed 30 hours toward M.R.E. - August, 1981 WORD EXPERIENCE Professional Experience January 2016 to Present — Collier County Government, Naples FL. Position: Principal Project Manager. Duties: Identify areas of the County with flooding or stormwater quality problems, develop master plans to provide a path to correct the problems, and follow up with approved implementation and construction activities, Additionally, work with other staff to develop long term stonnwater project prioritization, programatic direction and budgeting. Continue to assist in implementation of the SAIF, provide assistance in reviewing the regional impacts of proposed development activities on the county -wide drainage systems, and work with a consultant engineering firm and the Federal Emergency Management Agency to develop, implement and update floodplain maps for the County, The position involves contact with the public and agencies, occasional presentation to citizens and elected officials, and support of the County's CRS program of the National Flood hvsurance Program March 2013 to December 2015 — Collier County Government, Naples FL. Position: Principal Project Manager. Duties: Assist in the development of a Stormwater Asset Inventory Program (SAIP) to document existing physical stormwater facilities and incorporate the information into the County's geographical information system (GIS). When occasionally requested, review the regional impacts of proposed development activities on the county -wide drainage systems and provide engineering review of development Resume of Robert C. Wiley Page 2 applications. Continue to be the County's point of contact and work with a consultant engineering firm and the Federal Emergency Management Agency to develop, implement and update floodplain maps for the County. The position involved contact with the public and agencies, presentations to citizens and elected officials, and support of the County's CRS program of the National Flood Insurance Program, February 2004 to March 2013 — Collier County Government, Naples FL. Position: Principal Project Manager. Duties: Review the regional impacts of proposed development activities on the county -wide drainage systems, provide errghrcering review of development applications, and work with a consultant engineering film and the Federal Emergency Management Agency to develop, implement and update floodplain maps for the County. The position involved frequent contact with the public and agencies, frequent presentations to citizens and elected officials, and development of a program to enhance compliance with the Community Rating System (CRS) of the National Flood Insurance Program. October, 1989 to February 2004 --Collier County Government, Naples, FL. Position: Engineering Project Manager/Project Manager I1/III, Senior Project Manager, Principal Project Manager. Duties: Develop and manage contracts, and coordinate and participate, in the planning, engineering design, permitting, and construction of the County's stormwater management, roadway, and recreational capital construction projects. The position included the reporting of capital project progress using project planning software (Primavera and MS Project), preparation of annual budget estimates, making presentations to various boards and groups, frequent direct contact with the public, and writing and reviewing various reports on activities relating to the County's capital project program. March, 1987 to October, 1989 --Collier County Government, Naples, FL. Position; Growth Management Engineer. Duties: Research the County's various drainage facilities and develop a drainage plan compatible with the new Florida growth management regulations. This position also involved the coordination of all the engineering elements developed by other County engineering staff members for sanitary sewer, potable water, stormwater, solid waste, and natural ground water aquifer recharge. In September, 1988, the position was expanded to assist in the preparation and review of the Conservation and Coastal Management element. In October, 1988, the position was again expanded to include coordinating the planning and engineering of the County's stormwater management capital projects. November, 1981 to March, 1987 --Amherst Coal Company, Lundale, WV. Position: Permit Engineer. Duties: Prepare, design, and draft all necessary documents, maps, and drawings to acquire mining permits for both underground and surface miming operations. Additional duties included meeting with the state regulatory personnel to resolve environmental problems, working as a project engineer in the design or modification of mining facilities, and assisting in the design of mining plans for the operations. September, 1979 to November, 1981 --Concrete Forms Corporation, 314 Hooker Rd., Chattanooga, TN. Position: Assistant Steel Form Design Engineer. Duties: Draft detailed shop drawings for the construction of steel faced forms and assist the design engineer in the layout of forms for numerous concrete construction projects across the United States. Additional duties included the layout of shoring plans for multi -story concrete slab floor construction. January, 1978 to July, 1979 --Amherst Coal Company, Lundale, WV. Position: Project Engineer. Duties: Design and supervision of construction of mining facilities from the initial site surveying through completion of construction, Additional duties included assisting the environmental engineer in meeting the regulatory requirements of the state mining laws, performing coal scam evaluations from core bole test data, and searching deeds for property locations. Resume of Robert C. Wiley Cooperative Education Program Experience Page 3 August, 1976 to December 1976 --Amherst Coal Company, Lundale, WV. Duties: Assist the project engineer in the design, drafting, and construction supervision of mining facilities. January, 1976 to May, 1976 --Amherst Coal Company, Lundale, W. Duties: Assist the project engineer in the design and drafting of mining facilities. May, 1975 to August, 1975 --Amherst Coal Company, Lundale, WV, Duties: Perform dust and noise sampling on mining employees and equipment and work as a rod man with a surveying crew. May, 1974 to August, 1974 --West Virginia Department of Highways, Huntington, WV. Duties: Assist field office supervisor at a highway construction project in the calculation of yardage payments and duality control inspection, ENS. MCKuen 10150TrooicaIDrive, Bonita Springs FL34135 Cell: (239) 851-0397 emckuen@gmail.com SUMMARY More than 30 years of government and private experience in federal, state and local grant development programs in Florida. Demonstrated expertise in the following operations and practice areas: • Experience in strategic planning, organizing and managing multi -discipline teams leading to effective/productive organizational decision making • Highly competent In analytical problem solving and management of financial oversight in all areas of planning, accounting and budgetary controls In the coordination of all related supporting software • Managed and facilitated various levels of staffing and project development budgets Including non -profits, government (federal, state and local funding sources) and private sector community planning as high as $15 million • Strong written and verbal communication skills, particularly in dealing with the media and local government, as well as groups with diverse economic and social backgrounds PROFESSIONAL EXPERIENCE Collier County Government — Naples, Florida 4/2012—present Project Manager-Bayshore Gateway Triangle Community Redevelopment Agency Duties and Responsibilities: • Manages and monitors special redevelopment projects and programs • Coordinates public education activities relating to department projects, services, and activities • Develops press releases, public Information materials, Request for Proposals, project budgets • Provides direction, guidance and assistance to contractors and consultants Senior Grant and Housing Coordinator -Community and Human Services Division Project Manager— Bayshore Gateway Triangle Community Redevelopment Agency Duties and Responsibilities: • Department lead for HUD funding life cycle (CDBG, HOME and ESG) plan development, implementation and reporting, as well as, other state and federal required grant management plans (SHIP, NSP, DRI) • Provided technical assistance for all state and federal grant applications and awards — all aspects of eligible activities including housing • Led staff coordinating grant application development with large teams of internal and external members • Led staff/expert in affordable housing activities to meet Growth Management and Land Development Code requirements • Advised on and shapes policy and oversees implementation of final requirements of affordable housing • Prepared Executive Summaries for Board of county Commissioner issues • Implemented/monitored Growth Management Plan specific goals, objectives and policies related to affordable housing • Represented. the County on coalitions/steering and planning committees/workshops as they represent state and federal grant programs and local issues Achievements: • No findings or concerns for the past 2 years for the HUD Annual Action Plan and the Consolidated Annual Performance Evaluation Report • Developed Housing Methodology Index to determine need for affordable housing approved by the Board of County Commissioners • Inventoried all Planned Unit Developments to track constructed and pending affordable housing units and created tracking mechanism for yearly collection of information • Developed Affordable Housing Density Bonus Impact Fee Deferment application template • Developed Affordable Housing Density Bonus Agreement—working with County Attorney, Growth Management and County staff Boys & Girls Club of Collier County - Naples, Florida 1/2010-12/2011 Director of Grants/Foundations Duties/Responsibilities/Achievements: • Supported President/CEO and Board of Directors to raise annual operating expenses ($4.0 million) of the non-profit organization • Secured project funding through federal, state and private grants ($1.0 million) Mcl(uen Consulting - Cape Coral, Florida 6/2008-1/2010 President and Principal Planner Duti eslkesponsibllfties/Achievements: • Project Planner for clients in planning, affordable housing developments, funding and management for municipal and state entities Dyer, Riddle, Mills and Precourt, Inc. (DRMP) Fort Myers, Florida 5/2006-1/2008 Planning Manager- Land Planning Division Duties and Responsibilities., • Managed statewide land development projects (commercial, neighborhood and housing) and marketed firms Planning Section to Increase staff from 1 to 4 planning staff City of Fort Myers, Fort Myers, Florida 5/2003-5/2006 Planning Manager -Community Development Department Duties and Responsibilities: • Managed 6 staff members administering real estate sales/purchases, city leases, historic preservation, downtown, neighborhood planning, workforce/affordable housing, negotiated development agreements • Implemented the HUD Community Development Block Grant Program Achievements: • Prepared local Neighborhood Development Plans and Land Development Codes Lee County Board of County Commissioners Fort Myers, Florida 5/1997-5/2003 Program Manager, Neighborhood Building Program - Human Services Department CRA Program Manager/Smart Growth Coordinator - Economic Development Department • Managed 4 staff to implement neighborhood programs using HUD Community Development Block Grant (CDBG) funds in 7low Income neighborhoods • Developed neighborhood plans, working with volunteer groups for 7 low income neighborhoods Achievements: • Implemented $9.2 million budget within 5 community redevelopment areas (CRA) for community based Improvements • Coordinated 150 volunteers and 17 board members to identify potential Smart Growth issues in Lee County City of Homestead, Homestead, Florida 5/1994.5/1997 Planning Manager - Community Development and Planning • Managed 20 staff of planning, economic development, community services and affordable housing ($15 million budget utilizing HUD —CDBG and HOME) • Project Manager for the City's Comprehensive Plan rewrite following Hurricane Andrew Education: Barry University, Miami, Florida — BS — Business Administration, 1996 University of South Florida, Tampa, FL— Economic Development Certification, 1999 Academy of Real Estate, Inc. — Real Estate Appraisal Certification, 2009 University of Michigan, Ross School of Business — Leadership Judgment Program, 2010 RESOLUTION No. 17-- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AUTHORIZING SUBMITTAL OF AN APPLICATION TO COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FOR A FY2017-2018 US HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $260,000 TO FUND THE IMMOKALEE STORMWATER IMPROVEMENT ACQUISITION PROJECT; IF AWARDED, AUTHORIZING THE BOARD CHAIRMAN TO EXECUTE A SUBRECIPIENT AGREEMENT AS APPROVED BY THE COUNTY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Stormwater Management Section within the Capital Project Planning, Impact Fees and Program Management Division of Collier County desires to apply for a $260,000 US Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) to fund a project within the Immokalee Community; WHEREAS, if the grant is awarded, Stormwater Management Section staff will contribute the staff time to monitor the program and use of the Stormwater Management Section office space for public and professional meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: SECTION 1. Title. The grant program shall be known as the Collier County HUD CDBG — Immokalee Stormwater Improvement Plan Acquisition Project. SECTION 2. Adoption and approval of the Collier County HUD CDBG — Immokalee Stormwater Improvement Plan Acquisition Project Application. The CDBG Grant application is hereby approved for submission of the Grant application by the Board of County Commissioners. SECTION 3. Administration by Stormwater Management Section. The Board of County Commissioners delegates the administration of the grant program to the Stormwater Management Section staff to include, but not be limited to, application process and review, and monitoring grant progress. SECTION 4. Authorization of Agreement by Board of County Commissioners Chairman. If the grant is awarded, the Board of County Commissioners Chairman is authorized to execute a Subrecipient Agreement with Collier County as approved by the County Attorney. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 28th day of March, 2017. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney c� BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Penny Taylor, CHAIRMAN Growth Management Department Capital Project Planning, Impact Fees & Program Management Division STATE OF FLORIDA CERTIFICATE OF GOOD STANDING The Stormwater Management Section does not have, nor required to comply with a Certificate of Good Standing. It is an agency within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 North Horseshoe DrI e • Naples, Florida 34104.23&252-2400 • www,oDIiiergov.net s: Office of the County Manager Leo E. Ochs, Jr. 3299 Tamiami Trail East, Suite 202 • Naples Florida 34112-5746 (239) 252-8383 • FAX: (239) 252-4010 March 1, 2017 Ms. Kimberley Grant, Director Collier County Community and Human Services 3339 Tamiami Trail East, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2017-2018 Grant Application Cycle Dear Ms. Grant and members of the RRC: I have read the Collier County Community and Human Services (CHS) application for FY2017- 2018 HUD funding. On behalf of the Stormwater Management Section within the Capital Project Planning, Impact Fees and Program Management Division, and as the duly authorized signatory for Stormwater Management Section of the Capital Project Planning, Impact Fees and Program Management Division, I agree to and accept the terms, specific limitations, and conditions expressed therein. The information contained in this proposal or any part thereof, including exhibits, schedules and other documents, delivered to the County are true, accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part, misrepresent or mislead the County as to any material facts. By signing below, the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and proposed accomplishments may be requested prior to final funding determinations. The County reserves the right to verify that the authorized signature above is authorized to bind. the Applicant (on behalf of the Stormwater Management Section within the Capital Project Planning, Impact Fees and Program Management Division) and may require the Application to submit documentation verifying such authority. Sincerely, Leo E. Ochs, Jr. County Manager Bayshore Gateway Triangle CRA *Bayshore Beautification MSTU Haldeman Creek MSTU March 1, 2017 Ms. Kimberley Grant, Director Collier County Community and Human Services 3339 Tamiami Trail East, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2017-2018 Grant Application Cycle Dear Ms. Grant and members of the RRC: I have read the Collier County Community and Human Services (CHS) application for FY2017- 2018 HUD funding. On behalf of Bayshore Gateway Triangle Community Redevelopment Agency, as the duly authorized signatory for Bayshore Gateway Triangle Community Redevelopment Agency, I agree to and accept the terms, specific limitations, and conditions expressed therein. The information contained in this proposal or any part thereof, including exhibits, schedules and other documents, delivered to the County are true, accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part, misrepresent or mislead the County as to any material facts. By signing below, the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and proposed accomplishments may be requested prior to final funding determinations. The County reserves the right to verify that the authorized signature above is authorized to bind the Applicant (on behalf of the Bayshore Gateway Triangle Community Redevelopment Agency) and may require the Application to submit documentation verifying such authority. Sincerely, Leo E. Ochs, Jr. County Manager March 1, 2017 Ms. Kimberley Grant, Director Collier County Community and Human Services 3339 Tamiami Trail East, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2017-2018 Grant Application Cycle Dear Ms. Grant and members of the RRC: I have read the Collier County Community and Human Services (CHS) application for FY2017- 2018 HUD funding. On behalf of the Stormwater Management Section within the Capital Project Planning, Impact Fees and Program Management Division, and as the duly authorized signatory for Stormwater Management Section of the Capital Project Planning, Impact Fees and Program Management Division, I agree to and accept the terms, specific limitations, and conditions expressed therein. The information contained in this proposal or any part thereof, including exhibits, schedules and other documents, delivered to the County are true, accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part, misrepresent or mislead the County as to any material facts. By signing below, the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and proposed accomplishments may be requested prior to final funding determinations. The County reserves the right to verify that the authorized signature above is authorized to bind the Applicant (on behalf of the Stormwater Management Section within the Capital Project Planning, Impact Fees and Program Management Division) and may require the Application to submit documentation verifying such authority. Sincerely, Leo E. Ochs, Jr. County Manager ATTESTATIONS AND CERTIFICATIONS FOR ALL APPLICATIONS AFFIDAVIT OF COMPLIANCE WITH FEDERAL, STATE, LOCAL REGULATIONS The undersigned certifies that the information in this application is true and correct. The undersigned further certifies that they are aware that if Collier County CHS finds that the applicant or undersigned has engaged in fraudulent actions or intentionally misrepresented facts on this application, this application will be rejected and the applicant may be unable to participate in any program for three (3) fiscal years. In applying for CDBG/HOME/ESG funds, the applicant has read, understands and agrees to comply with all the provisions of all federal regulations issued thereto by the U.S. Department of Housing and Urban Development, state and local regulations and laws. 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 Housing 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." 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 Hours 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 HCDA are still applicable. 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. 20. 24 CFR 85 - Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally recognized Indian Tribal 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 ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, etseq., 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 any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 34. 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. 35. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 36. Any rule or regulation determined to be applicable by HUD. 37. Florida Statutes 713.20, Part 1, Construction Liens 38. Florida Statutes 119.021 Records Retention Organization Name: Capital Project Planning, Impact Fees and Program Management - Stormwater Management Section G J Name/Signature: _Leo E. Ochs, Jr. c (Please Print) [( ignature) Title: County Manager t c,l � 10C V 5�,�� 'jrPiE � Date: t 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 agrees to comply with the following Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR Subpart E -Cost Principles. If an 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. 32. 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, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 33. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing CERTIFICATION FOR THE SUBRECIPIENT OR DEVELOPER OR VENDOR ENTITY CERTIFICATION FOR THE GRANTEE ENTITY Only one required per entity signed by an authorized representative REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON AGREEMENTS/SUB-AGREEMENTS 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). The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: [Note: The Definitions (1) will be tailored for the applicable grant program] (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier Community and Human Services or go to www.HUD.eov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant • The organization applying for grant funding is hereby certifying and will follow the below listed: 1. Each grantee of federal or state financial and non-financial assistance must sign this debarment certification at time of application. Independent auditors who audit federal or state programs regardless of the dollar amount are required to sign this certification form to include certification of debarment. Collier County Community and Human Services or its agreement grantee/contractors will not contract with subcontractors if they are debarred or suspended by the federal government. 2. Each entity applying for a grant from Collier County will assure all individuals and positions listed above complete and submit appropriate certifications. 3. The grantee shall provide immediate written notice to the grant coordinator at any time the grantee/contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The grantee 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. 5. The grantee 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. 6. The grantee may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the grantee/contractor knows that the certification is erroneous. 7. The grantee 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 grantee 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. The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted principals and respective employees, within the last three years: (1) Has been debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from participation in contracting with Collier County Community and Human Services by any federal department or agency. Where the prospective grantee is unable to certify to any of the statements in this certification, such prospective grantee shall attach an explanation to this certification. (2) Has had a real or apparent conflict of interest (3) Has falsified documents (4) Has substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity Collier County Community and Human Services will rely on the certifications of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. Collier County Community and Human Services may rely upon a certification by a nonprofit organization that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting unless the department knows that the certification is erroneous. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements) and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: Capital Project Planning, Impact Fees and Program Management - Stonnwater Management Section Signature of Authorized Individual Date Leo E. Ochs, Jr., County Manager.�'�? Name and Title of Authorized Individual (Print or type) CERTIFICATION FOR THE DIRECTORS OF THE BOARD, EXECUTIVE DIRECTOR, 111u'IMIIQ%RPIII:i[YU%11:7VA19 N One EACH for every director, the executive director, and each staff member proposed to be directly working on or overseeing a staff member directly working on the grant REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Community and Human Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The undersigned certifies, by signing this certification, that, within the last three years, they have not: 1. Been debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in contracting with Collier County Community and Human Services by any federal department or agency. (Where the prospective individual is unable to certify to any of the statements in this certification, such individual shall attach an explanation to this certification.) 2. Had a real or apparent conflict of interest 3. Falsified documents 4. Had substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity The undersigned shall provide immediate written notice to the grantee at any time the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Collier County Community and Human Services will rely on the certification of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements) and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: Capital Project Planning, Impact Fees and Program Management Section - Storrnwater Manage ent Seen n _County Manager Role of undersigned (Director, Executive Director,�mp Yee [spe ify role], Supervisor [specify role] Signature Leo E. Ochs, Jr. Print or type name of signatory cot, 014.".ty Administrative Services Department Procurement Services Division Collier County Board of County Commissioners ,.. Procedures !', (Based on Purchasing Ordinance 2013-69, Agenda Item 17J; Amended by Procurement Ordinance 2016-37 on June 23, 2016, Agenda Item 1712; Amended by Procurement Ordinance 2016.61, Agenda Item 17F) -2"M7 PROCUREMENT GUIDELINES INDEX INTRODUCTION.................................................................................................................................3 SMALL PURCHASES ($3,000 OR LESS)..........................................................................................4 INFORMALCOMPETITION..........................................................................................................:.....6 FORMAL COMPETITIVE THRESHOLD (PURCHASES IN EXCESS OF $60,000) ............................6 COMPETITIVEBID PROCESS.........................................................................................................12 PROCUREMENT OF PROFESSIONAL SERVICES.. ....................................................................... 14 COMPETITVE PROPOSALS............................................................................................................16 PROCUREMENT OF DESIGN -BUILD CONTRACTS.......................................................................17 LOCAL VENDOR PREFERENCE.............................................................:.......................................18 PAYMENT OF INVOICES.................................................................................................................18 ADVANCED PAYMENT FOR GOODS AND SERVICES..................................................................20 STANDARDIZATION AND. COOPERATIVE PURCHASING............................................................21 CONTRACT ADMINISTRATION.......................................................................................................22 UNAUTHORIZED PURCHASES....................................................................................................:..26 EXIGENT CIRCUMSTANCES, EMERGENCY PROCUREMENT AND BOARD ABSENCE.............26 PURCHASING CARD PROGRAM....................................................................................................26 2 Procurement Standard Operating Procedures Approved: 1120/2016 INTRODUCTION Procurement in Collier County is governed by Board of County Commissioners' Purchasing Ordinance 2013-69, Agenda Item 17J; as amended by Procurement Ordinance 2015-37 on June 23, 2015, Agenda Item 17E; and as amended by Procurement Ordinance 2015-51 on September 22, 2015, Agenda Item 17F. The purpose for these guidelines is to provide the steps necessary to execute the Procurement Ordinance. These guidelines will ensure the fair and equitable treatment of all persons involved in public purchasing by the County, maximize the purchasing value of public funds in procurement, and provide safeguards for maintaining a procurement system of quality and integrity. These guidelines apply to the procurement of goods and services entered into by the County after the effective date of the Procurement Ordinance 2015-51. These guidelines apply to the expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective of the source of the funds. Nothing within these guidelines will prevent the County from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law. These Procurement Guidelines may be updated, or modified for particular transactions, by the Director of Procurement Services. The County reserves the right to establish any one, or a combination of, these industry practices for contracts or purchase orders: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Generally speaking, these contracts are predictable and cost certain, easy to. administer for the County and the Contractor, and foster higher levels of collaboration, and account for more than fifty (50%) percent of public sector projects. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Generally speaking, the County assumes the project risk, the administration is more time consuming, and the County pays for the labor efforts and materials used to complete the project, including changes due to unforeseen conditions. Unit Price: the County agrees to pay a firm total fixed price (Inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 3 Procurement Standard Operallng Procedures Approved: 112Q12016 SMALL PURCHASES ($3,000 OR LESS) (Procurement Ordinance Section T Small Purchases) i Thresholds have been set that determine the processes required for each purchase. Purchasing thresholds are identified as one of the following: 7:1 Purchases issued under contracts 7:2 Small Purchases of $3,000 or Less 7:3 Bilateral agreements 7:4 Prohibition against subdividing 7:1 Purchases Issued Under Board Approved Contracts Purchases associated with an existing contract may be made using a purchase order or purchasing card in accordance with the terms of the contract. The purchase may be approved by the Procurement Services Director for amounts limited only by the operating division's budget. Where multiple contracts exist for the same services, purchases will be distributed among the firms as approved by the Board or the Procurement Services Director. These purchases do not require additional Board approval. Non -contract purchases are goods or services not currently available on a Board or Procurement Services Director authorized contract. The Procurement Services Director may approve non -contract purchases up to the formal competitive bid threshold when justified and deemed in the best interests of the County. The Procurement Services Director may add non -contract goods or services to an existing similar contract subject to the terms and conditions outlined in the existing contract and the Board's Procurement Ordinance Section 19 (C). 7:2 Small Purchases of $3,000 or Less Purchases that do not -exceed $3,000, with at least one price quote obtained, may be approved by the Procurement Services Director without informal or formal competition by means of a purchase order, or the division may use a purchasing card, if a formal agreement is not identified. Operating divisions will seek the best value for the purchase and will ensure that the purchase supports the mission of the division. 7:3 Bilateral Agreements For vendors who require a signed bilateral agreement, memorandum of understanding/agreement, or other similar binding document, the Procurement Services Division Staff will complete negotiations with the vendor and forward the document(s) to the County Attorney for final review and approval. The Procurement Services Director shall execute the agreement. An approved bilateral agreement may. be approved by the Procurement Services Director as long as the cumulative annual expenses are not greater than the formal competitive threshold. 7:4 Prohibition Against Subdividing Purchasing Transactions Purchasing transactions must not Intentionally be subdivided or split into smaller transactions to avoid the requirements of the Procurement Ordinance. The Procurement Services Director will periodically review purchase order transaction reports to ensure that operating divisions do not subdivide or split purchases to avoid the threshold limits. 4 Procurement Standard Operating Procedures Approved: 1/2 012 01 6 INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000) (Procurement Ordinance Section 8: informal Competition) Thresholds have been set that determine the processes required for each purchase. Purchasing thresholds are identified as one of the following: 8:1 Purchases issued under fixed term or continuing contract 8:2 Informal solicitations greater than $3,000 but not greater than $50,000 8:3 Bilateral agreements 8:4 Waiver from competition 8:5 Prohibition against subdividing PL" a e as0 ciated with an existing contract may be made using a purchase order or purchasing card in accordance with the terms of the contract. The purchase may be approved by the Procurement Services Director for amounts limited only by the operating division's budget. Where multiple contracts exist for the same services, orders will be distributed among the Tirms as approved by the Board or the Procurement Services Director. These purchases do not require additional Board approval. Non -contract purchases are goods or services not currently available on a Board or Procurement Services Director authorized contract. The Procurement Services Director may approve non -contract purchases up to the formal competitive bid threshold when justified and deemed in the best interests of the County. The Procurement Services Director may add non -contract goods or services to an existing contract subject to the terms and conditions outlined in the existing contract and the Board's Procurement Ordinance Section 19 (C). Three (3) written quotes will besought by operating staff for purchases exceeding $3,000 but not greater than $50,000. Operating divisions will seek the lowest quote (based on quote identified unit or total price), qualified (meets minimum standards for license, certification, years of experience, bonding capacity, Insurance, etc.) and responsive (submits information requested, agrees to meet timeline, terms, and conditions, etc.) for the purchase and will ensure that purchases are valid and serve the best interest of the public. Where operating staff are unsuccessful in securing three (3) comparable quotes, the operating division will provide add(tional information to the Procurement Services Division staff. The Procurement Director is responsible for: a) awarding all purchases, b) rejecting quotes and/or proposals as recommended by the Procurement Professionals, and c) approving all sole or single source purchases below the formal competitive threshold. An approved quote, for which the purchase is not greater than $50,000, is considered valid during the 12 month period starting from the date of the issuance of the purchase order. Purchases may be executed by the Procurement Services Director by means of a purchase order, or the division may use a purchasing card. 8,3 Bilateral Agreements 5 Procurement Standard Operating Procedures Approved: 1!20/2016 For vendors who require a signed bilateral agreement, memorandum of understanding, contract, etc. the Procurement Services Division Staff will complete negotiations with the vendor and forward to the County Attorney for final review and approval. The Procurement Services Director shall execute the agreement. An approved bilateral agreement may be approved by the Procurement Services Director as long as the cumulative annual expenses do not exceed'$50,000. 8:4 Waiver from Competition Competition may be waived by the Procurement Services Director as identified in Section 8 (B) of the Procurement Ordinance. 8:5 Prohibition Against Subdividing Purchasing transactions must not intentionally be subdivided or split into smaller transactions to avoid the requirements of the Procurement Ordinance. The Procurement Services Director will periodically review purchase order transaction reports to ensure that operating divisions do not subdivide or split purchases to avoid the threshold limits. FORMAL COMPETITIVE THRESHOLD (PURCHASES IN EXCESS OF $60,000) (Procurement Ordinance Section 9: Formal Competitive Threshold) Purchases generally fall into one of three categories: a) commodities, b) services, or c) professional services (under the Consultant's Competitive Negotiation Act and Auditor Selection Processes). Within each category of purchase, there are different considerations including: 9:1 Method of purchase 9:2 Responsibilities 9:3 Immigration validation 9:4 Solicitation process 9:5 Solicitation documentation 9:6 Selection process 9:7 Waiver / exemption from competition 9:8 Contractual documentation 9:9 Approvals In compliance with F.S. § 287.055, known as "The Consultants' Competitive Negotiation Act" or "CCNA", and the Auditor Selection Procedures (F.S. § 218.391), these professional services are competed under separate procedures. 9:1 Method Purchases over the formal competitive threshold will be procured as follows unless the purchase is governed by federal, state or other funding source guidelines. 1. Commodities: Purchase of goods over the formal competitive threshold are generally procured using a sealed bid. 2. Services: Purchase of services over the formal competitive threshold generally follows the request for proposal process, or similar methodology. c Procurement Standard Operating Procedures Approved: 1/20/2016 3. Professional Services (includes the acquisition of professional CCNA architectural, engineering, landscape architectural or surveying and mapping services; and auditor services): Professional Services will be procured using a qualitative selection process that evaluates qualifications, competence, track record and availability. This professional service selection method will be utilized by the Procurement Services Director for a) a project that includes a fixed capital outlay study or planning activity which includes a grouping of minor construction, rehabilitation or renovation activities or a grouping of substantially similar construction, rehabilitation or renovation activities occur, b) a "continuing contract," and/or c) a design build project. 9:2 Responsibilities Subject to formal competition, the Board is responsible for: a) awarding all purchases, b) rejecting bids and/or proposals as recommended by the Procurement Services Director, c) approving all sole or single source purchases in excess of the formal competitive threshold and d) waiving irregularities. The division(s) project manager(s) is responsible for drafting and submitting the background, scope of service (which may include general contractor responsibilities, technical specifications, drawings, permit requirements, special instructions, liquidated damage amount, etc.) and cost criteria and/or qualifications to assist in the decision making process. The Procurement Services Director is responsible for: 1. Seeking competition; 2. Determining whether solicitations may be issued in one or more steps or concurrent with one or more firms; 3. Posting publicly the solicitation notice; 4. Sending solicitation notices to vendors that are registered in the vendor database; 5: Providing for solicitation documents to contain relevant local, state and federal requirements; 6. Approving and advertising any addendum to solicitation documents and making such available to prospective contractors/vendors; 7. Prescribing, when necessary, for solicitation deposits to be made and describing such requirement in the solicitation; 8. Recommending when solicitation bids and proposals should to be rejected; 9. Negotiating with the lowest responsive bidder if bid exceeds budgeted amount for purchase; 10. Negotiating with service vendors ranked most qualified; 11, Maintaining tools necessary for gathering past performance data, and consideration of that data prior to award of contract; 12. Suspending vendors from the vendor database for continual non -response to solicitations, violations of the Ordinance or procedures or inactivity in the electronic system; 13. Ensuring bids and proposals are publicly opened and witnessed at the time and place stated in the solicitation notice; 14. Tabulating all bids/proposals and maintaining for public inspection; 15. Facilitating the appointment of selection committees for review of requests for proposals; and 16. Reviewing and approving all recommendations for award of contracts. In preparing the solicitation document, the Procurement Services staff member, along with the project manager (s), may consider the following award criteria, or may identify other standards: 1. The ability, capacity and skill of the bidder/proposer to perform the contract, 2. The ability of the bidder/proposer 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/proposer, 4. The quality and performance of previous contracts awarded to the bidder/proposer, Procurement Standard Operating Procedures Approved: 1120/2616 5. The previous and existing compliance by the bidder/proposer 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/proposer to provide future maintenance and service (where applicable), and, 8. Litigation history, references; criminal records; prior, pending or imminent claims or disputes with the County or other public agencies; as well as comparable relevant Information as to the bidder's principals and affiliated entities. Prior to issuing the request for proposal, the Procurement Services Director will draft a memorandum for approval by the County Manager for the appointment of a selection committee to review the qualification submissions and/or proposals. Additional selection committee information will be available on the Procurement Services website. The contractor, vendor or consultant is responsible for: 1. Maintaining a profile in the online solicitation database; 2. Reviewing any solicitation addendum; 3. Responding in a timely manner outlined in the solicitation documents; 4. Identifying the solicitation number on the outside of sealed envelope if submitting a paper bid or proposal; 5. Complying with local, state, federal and grant requirements as identified in the solicitation; 6. Publicly addressing the Board regarding a prospective purchase if requested to do so by the Procurement Services Director or by a majority vote of the Board; and, 7. Filing intent to protest terms and conditions, specifications, or recommended contract awards in a timely manner and as prescribed in the solicitation document and Procurement Ordinance. 9:3 Immigration Validation As authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the federal government requires companies to employ only individuals who may legally work in the United States — either U.S. citizens, or foreign citizens who have the necessary authorization. To ensure contractors, vendors or consultants comply with this requirement, Collier County requires that verification be provided to evidence that the contractors, vendors or consultants have in fact signed up for the U.S. Department of Homeland Security's E -Verify system and have ensured that employees and subcontractors meet the requirement. All formal solicitations for the purchase of services and professional services will include language advising prospective contractors, vendors or consultants that they most register to use the federal E - Verify system. Commercially "off the shear products (COTS) are typically goods sold in substantial quantities in the commercial marketplace and offered to the County in the same form or with minor modifications. Vendors on County contracts.for COTS items may be exempt from the E -Verify registration. 9:4 Solicitation Process 1. Commodities: A notice inviting bids is required and will be publicly posted by the Procurement Services Director at least ten (10) calendar days before the deadline for receipt of bid responses. Construction bids with an estimate of $200,000 - $499,999 will be posted for twenty-one (21) calendar days; projects estimated at $500,000 or more will be posted at least thirty (30) days. 8 Procurement Standard Operating Procedures - Approved: 1/20/2016 2. Services: A notice inviting proposals is required and will be publicly posted by the Procurement Services Director at least twenty one (21) calendar days before the deadline for receipt of proposals. 3. Professional Services: A request for proposal is publicly announced and distributed by the Procurement Services Director at least twenty one (21) calendar days before the deadline for receipt of proposals. 9:5 Solicitation Documentation Solicitation documents will include description of commodities, services or professional services to be purchased, identify the evaluation procedures and criteria to be used, and if known, the historical spend from previous similar contracts, the anticipated spend if known or a general budget range. All solicitation documents will state where instructions and specifications are available for review and will state the time and place for opening. Notices may also be electronically sent to vendors who are registered in related commodities in the online vendor database. Solicitations may be conducted in one or more steps simultaneously or concurrent with multiple firms unless otherwise prohibited by applicable federal or state law or the terms of a grant program after review and approval by the Procurement Services Director. 9:6 Selection Process A tabulation of bids or a summary of proposals received will be made by the Procurement Services Director. Past performance data will be considered during the review. In the event that one or more vendor is recommended under the same solicitation, the method for distributing work under the resultant contract(s) will be identified in the executive summary and the contract(s). Methods for such distribution may include, but are not limited to: a) award specified scope/items to specified vendor(s); or b) award the work to a primary and secondary vendor(s); or c) for purchases exceeding $50,000, solicit quotes from all vendors under contract and award the work based upon the lowest, responsive quote; or d) rotate through all vendors awarded; or e) other methods as identified in the solicitation document, Executive Summary, and contract, or as approved by the Board. Local vendor preference, if applicable, will be considered and the right -to -match offer made, as identified in Section 15: Procedures to Provide Preference to Local Businesses in County Contracts, Commodities Award will be made to the lowest, qualified and responsive bidder unless there are other policies conflicting with this statement. In the event of a tie bid, the award will be given to the lowest tied bidder that can certify it has implemented a drug-free work place program subject to F.S. § 287.087. If all lowest tied bidders can provide such certification, the next step is to determine whether the bidders are considered a local business (Section 15: Procedure to Provide Preference to Local Businesses in County Contracts). If one (and only one) of the bidders is determined to be a local business, then award of contract will be made to that bidder. In the event that two or more local bidders or two non -local bidders are tied thereafter, award of contract will be made in accordance with a coin toss in the presence of both bidders. In the event that bids need to be rejected, the Procurement Services Director has the authority to issue a new solicitation prior to the formal rejection by the Board of the original bid offers. In the event that the Board elects to award the contract from the original solicitation offers or if the Board elects not to further pursue the purchase, the Procurement Services Director may cancel the new solicitation. If the lowest qualified responsive bid exceeds the budgeted amount and/or cannot be funded in whole or in part by received grant dollars, the Procurement Services Director may negotiate with the bidder to attempt to bring the bid within budgeted limits unless prohibited by the source of funds. Refer to funding source guidelines to confirm. Any necessary negotiations and changes are to be. outlined the executive summary. 9 Procurement Standard Operating Procedures Approved; 1/20/2016 Services Prior to the announcement and distribution of the Request for Proposals, a selection committee will be appointed by the County Manager, to evaluate the proposals received. The procurement Services Director will distribute proposals to the selection committee to evaluate the proposals and to determine the best overall proposer meeting the minimum published requirements. The selection committee will review, score and rank the proposals in accordance with the procedures and selection criteria identified in the solicitation document. Upon completion of the selection process, the Procurement Services Director will post the results of the selection process on the Procurement Services Division Internet site. In the event that proposals need to be rejected, the Procurement Services Director may issue a new solicitation prior to the formal rejection by the Board of the original solicitation proposals. In the event that the Board elects to award the contract from the original proposals or If the Board elects not to further pursue the purchase, the Procurement Services Director may cancel the new solicitation. If the best overall proposer meeting the minimum published requirements exceeds the budgeted amount and/or the services cannot be funded in whole or in part by grant dollars, the Procurement Services Director may negotiate with the proposer to attempt to bring the proposal within budgeted limits unless prohibited by the source of funds. Any necessary negotiations and changes are to be outlined in the executive summary. 3. Professional Services Prior to the announcement and distribution of the Request for Proposals, a selection committee will be appointed by the County Manager to evaluate the proposals received. A summary of all proposals will be made by the Procurement Services Director. The selection committee will review statements of qualifications and performance data submitted in response to the solicitation and will select, in order of preference, no fewer than three firms' deemed to be the most qualified, if at least three firms respond to the solicitation, If less than three firms respond, and after meeting due diligence, it is debided by the Procurement Services Director that every effort was made to comply with the requirements of F.S, § 287.055 or F.S. § 218.391, the operating division will proceed with the recommended ranking of the proposers to Board. Following the Board's approval of the rankings, the Procurement Services Director will commence negotiations with the firm ranked as most qualified. During such negotiations, the project scope, services and compensation will be defined. If discussions do not result In an agreed upon contract, negotiations will end with the proposer and begin with the proposer ranked second by the selection committee. If negotiations with second -ranked proposer fail, they will begin with the next ranked proposer. 9:7 Waiver / Exemption from Competition Purchases of commodities or services from a single or sole source may be exempted from formal competition after review by the Procurement Services Director and approval by the Board. The following purchases may have the requirement for competition waived: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials, periodicals, printed library cards, or other statutorily authorized exceptions. 2. Sole source purchases or single source purchases. 3. Valid public emergencies (pursuant to Section 25 of the Ordinance). 10 Procurement Standard Operating Procedures Approved: 1120/2016 4. Where it is determined to be in the best interests of the County to do so. Justification for a waiver may include a) public health or safety emergency; b) item(s) is the only one (proprietary) available that can properly perform the intended function(s); c) the recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements; and/or d) it is determined to be In the best interests of the County. The County may determine it is in their best interest to waive competition due to an economic condition such as: responsible economic procurement relieves the County of potential additional expenses that would result from not making. the purchase; use of another supplier would result in incompatibility or lack of standardization with existing conditions; use of another supplier would require considerable training, time and money to evaluate; the goods or services are being used in ongoing long-term projects; and/or the product or service offered is at a substantial discount below current market conditions and price structures. 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. The operating division will prepare an executive summary, complete a waiver / exemption form and compile supporting documentation and rationale and forward to the Procurement Services Director for review. Once reviewed and approved by the Procurement Services Director, the operating division may request Board approval at the next available agenda. Additional information is available on the Procurement Services Division website. 9:8 Contractual Documentation 1. Commodities: Contractual documentation may be either a Collier County purchase order or a formal contract when there are additional terms and/or conditions required as a part of the purchase(s). Regardless of the instrument used, the document has a binding effect upon the County. 2. Services: Contractual documentation may be either a Collier County purchase order or a formal contract when there are additional terms and/or conditions required as a part of the purchase(s). Regardless of the instrument used, the document has a binding effect upon the County. 3. Professional Services: Contractual documentation may be created in the form of a) a fixed term contract, b) a continuing contract, or c) a bilateral contract. For each form of contract, subsequent purchase orders and/or work orders may be authorized by the Procurement Services Director in accordance with the terms of the contract. The County may award a contract in accordance with F.S. § 287.055, if the firm provides professional services to the county for projects in which the estimated construction cost of each individual project under the contract does not exceed $2 million; for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000; or for work of a specified nature as outlined in the contract required by the County. In such cases, the contract will be either for a set term or with no time limitation provided that the contract includes a termination clause. 11 Procurement Standard Operating Procedures Approved: 1/26/2616 All contracts issued under this section will be eligible for extension or renewal in accordance with the provisions of the contract (see Section 19). Regardless of the instrument used, the document has a binding effect upon the County. 9:9 Approvals The final award will be made by the Board of County Commissioners. Prior to award, the Board may consider: a) the ability, capacity and skill of the bidder/proposer to perform the contract, b) the ability of the bidder/proposer to perform the contract within the time required or the least time, if appropriate, without delay or interference, c) the experience and efficiency of the bidder/proposer, d) the quality and performance of previous contracts awarded to the bidder/proposer, e) the previous and existing compliance by the bidder/proposer with laws and ordinances relating to the contract, f) the quality, availability and adaptability of the commodities or contractual services to the particular use required, g) the ability of the bidder/proposer to provide future maintenance and service (where applicable) and h) litigation history, references; criminal records; prior, pending or imminent claims or disputes with the County or other public agencies; as well as comparable relevant information as to the bidder's principals and affiliated entities. All recommendations for awards will be reviewed and approved by the Procurement Services Director prior to presentation to the Board of County Commissioners. Bidders/proposers competing for a prospective 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 Procurement Services Director or by a majority vote of the Board. COMPETITIVE BID PROCESS (Procurement Ordinance Section 10: Competitive Bid Process) A. Notice Inviting Bids: Announcement: Notice inviting bids shall be publicly posted by the Procurement Services Division in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Specific projects or grants may require longer posting periods, in those Instances the specific requirements would be used. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Procurement Services Director. 2. Scope of Notice: The public notice required shall include a general description of the commodities/services to be purchased or sold, the bid instructions and specifications, and the time and place for opening bids. 3. Bidders' List: The Procurement Services Director shall also solicit sealed bids from qualified prospective vendors/contractors who have registered their names on the Collier County Procurement Services Division vendor database, which will electronically send them a notice of the proposed purchase or sale. Notices sent to the vendors/contractors on the Collier County Procurement Services Division 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 company information profiles in the database to ensure proper notifications are received. Vendors/contractors may 72 Procurement Standard Operating Procedures Approved: 920/2016 be suspended from the database by the Procurement Services Director for continual non -response to formal solicitations and violations of the Procurement Ordinance. The Procurement Services Director may continue to issue formal solicitations and accept formal bids, proposals and other tenders using paper where appropriate. 4. Bid Deposits: When deemed necessary by the Procurement Services Director, bid deposits shall be prescribed in the public bid notices. Said deposits shall be in the amount equal to five percent of the bid offer submitted unless a greater amount is required. The Procurement Services Director shall have the authority to return the deposits of all bidders upon award and approval of the contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Procurement Services 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 Procurement Services Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Procurement Services Division shall be responsible for assuring that addenda are available on the on-line bidding website and that all prospective bidders who'have downloaded specifications are notified of the addendum prior to opening of bids. B. Procedure for Bids: Sealed Bids: Sealed bids shall be submitted manually or electronically to the Procurement Services Director. 2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be opened and witnessed by the Procurement Services Division. 3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by the Procurement Services Division and shall be available for public inspection pursuant to F.S. § 119.07. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to F.S. § 287.087. In the event that all of the tied bidders comply with F.S. § 287.087, the Procurement Services Division shall determine if any of the bidders would be considered a local business as defined under Section 15 of this Procurement Ordinance. If one (and only one) of the bidders is determined to be a local business, then award of contract shall be made to that bidder. In the event that two or more local bidders are tied thereafter, award of contract shall be made in accordance with Section 15(2)(b) of this Procurement Ordinance. Rejection of Bids and Negotiation: 1. The Board of County Commissioners shall have the authority to reject any and all bids. 2. Subsequent to applying the procedures set forth under Section 15(2)(b) (where applicable), If the, lowest, responsive bid exceeds the budgeted amount and, if the purchase is not funded in whole or in part with interagency grant dollars, the 13 Procurement Standard Operating Procedures Approved: 112 012 01 6 Procurement Seivices.Direetor 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 Procurement Services Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 1 If no bid is received, the Board of County Commissioners may authorize the Procurement Services Director to purchase by negotiation under conditions most favorable to the public Interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. E. Waiver of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids within lawful guidelines. F. Award of Contract: The Chair or Vice Chair In the Chair's absence, when authorized by majority vote of the Board, shall execute formal contracts having a binding effect upon the County. A formal contract shall be awarded by the Board of County Commissioners to the lowest, qualified responsive bidder. In addition to price the following may be considered: 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 proposed contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). 8. Prior litigation or administrative proceedings against the County where the bidder or the bidder's principal was a party. 9. Prior litigation or administrative proceedings involving the bidder or bidder's principal. All recommendations for award for contracts will be reviewed and approved by the . Procurement Services Director prior to presentation to the Board of County Commissioners. PROCUREMENT OF PROFESSIONAL SERVICES (Procurement Ordinance Section 11: Procurement of Professional Services) A. Consultants' Competitive Negotiation Act, 14 Procurement Standard operating Procedures Approved: 1120/2016 i I I . Contracts for professional architectural, engineering, landscape architectural or surveying and mapping services shall be procured in accordance with F.S. § 287.055, referred to as the Consultants' Competitive Negotiation Act (CCNA). 2. Continuing contract. The County is authorized to enter into a continuing contract for CCNA services in accordance with the CCNA, whereby the firm provides professional services to the County for projects in which construction costs do not exceed $2,000,000.00, for study activity if the fee for each individual study under the contract does not exceed $200,000.00; or for work of a specified nature as outlined in the contract required by the County, with the contract being for a fixed term or with no time limitation, except that the contract must provide a termination clause. 3. Ranking of firms. The County, through the competitive proposal process, shall make a finding that the firm or individual to be employed is duly qualified to render the required service. The evaluation committee shall review statements of qualifications and performance data submitted in response to the public solicitation and shall select, in order of preference, no fewer than three firms deemed to be the most highly qualified, if at least three firms respond to the solicitation. If less than three firms respond, and after meeting due diligence, it is decided by the Procurement Services Director that every effort was made to comply with CCNA requirements, the County will conduct discussions with, and may require public presentations by, the responding firms regarding their qualifications, approach to the project and ability to furnish the required services. 4. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking shall include factors such as: ability of firm and its professional personnel; firm experience with projects of a similar size and type; firm's willingness and ability to meet the schedule and budget requirements; volume of work previously awarded by the county; effect of the firms recenticurrent and projected workload; minority business status; location; past performance and when required, the public presentation. For continuing contracts, ranking and award shall be based on the criteria identified in the RFP document. For non -continuing contracts or project specific contracts, public presentation maybe required. 5. Public presentation. The evaluation criteria for public presentation shall Include factors such as the firm's understanding of the project, ability to provide required services within the schedule and budget, qualifications and approach to the project. 6. Contract negotiations. The ranking of firms for all CCNA contracts shall be presented to the Board of County Commissioners for consideration and approval. Upon Board approval of firm rankings, staff shall negotiate a contract with the most qualified firm (number one ranked firm) for professional services for compensation which is deemed to be fair and reasonable. Detailed discussions must be held by the firm and the County to establish the scope of the project and the exact services to be performed by the firm. Should the County and the firm fail to agree upon the terms of an acceptable contract, negotiations with the top firm shall be terminated and negotiations with the second ranked firm shall commence. If again unsuccessful, the process is repeated with the next ranked firm. This process is continued until a mutually agreeable contract is concluded or the project is abandoned, or the procurement process Is otherwise terminated. B. Other Professional Services, Because differences in price may only be a minor concern compared to qualitative considerations, professional services that fall outside the scope of the CCNA 15 Procurement Standard Operating Procedures Approved: 1/2012016 except as otherwise provided by law and outlined below, may be exempted by the Procurement Services Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation as set forth immediately above; or 2. Competitive Proposals (pursuant to Section 12). 3. In addition to the definition set forth in the CCNA, a professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: a. Appraisal Services - real and personal property appraisers. b. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per F.S. § 11.45,). G. Consultants - planning, management, technological or scientific advisors. d. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. e. Legal Services - attorneys and legal professionals. f. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. 4. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. 5. Requests for outside legal services will be consistent with both this Procurement Ordinance and the County Attorney's Ordinance (Ord. No. 2013-34). The retention of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall.be exempt from all competitive requirements of this Procurement Ordinance, and must first be approved' by the Board. COMPETITVE PROPOSALS (Procurement Ordinance Section 12: Competitive Proposals) A. The Competitive Proposals process is a method of contract selection that may be utilized by the Procurement Services 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. 16 Procurement Standard Operating Procedures Approved: 1/20/2016 3. Where the County is Incapable of specifically defining the scope of work for which the commodity(s) or service(s) is required and where the vendor is asked to propose a commodity(s) or service(s) to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive solicitation process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under Section 10 except where otherwise stated in this section. The competitive proposals process shall proceed as follows: A Request for Proposals (RFP) will be prepared and distributed. Notice of said request(s) shall be publicly posted by the Procurement Services Division at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the evaluation procedures and criteria to be applied to the selection. of the best proposal among the respondents. Each RFP pertaining to the award of a design/build contract(s) shall be subject to the requirements of F.S. § 287.055 and Sectionl3 below. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Procurement Services Director. Unless otherwise prohibited by law, the Procurement Services Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. PROCUREMENT OF DESIGN -BUILD CONTRACTS (Procurement Ordinance Section 13: Procurement of Design Build Contracts) A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a design -build firm selected in a manner permitted under F.S. § 287.055 and the procedures set forth in this section. B. Upon completion of the Design Criteria Package, the procurement of Design/Build services shall be processed In a manner consistent with Section 12 hereof entitled "Competitive Proposals.". C. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using Agency to negotiate an agreement for Board approval with the best qualified design -build firm available at that time. 17 Procurement Standard Operating Procedures Approved: V2012010 LOCAL VENDOR PREFERENCE (Procurement Ordinance Section 15: Local Vendor Preference) Compliance with local, state and federal laws as well as the requirements of funding sources is the responsibility of the operating division receiving the grant award. For the procurement of goods or services less than the formal competitive threshold, the operating division will make an effort to solicit one, or more, quotes from local vendors, if available. Due to the multiple funding streams applied to many construction projects and the attendant administrative burden of determining on an individual project basis whether 50 percent or more of cost will be paid from state -appropriated funds, staff have removed local vendor preference language from construction solicitations In order to insure compliance with the Florida Statute. PAYMENT OF INVOICES (Procurement Ordinance Section 15: Payment of Invoices) Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the Collier County Procurement Manual, the payment procedures include: 16:1 Credit card payments 16:2 Goods and non -construction services 16:3 Construction services 16.4 Annual report to the Board 16.5 Payable Report 16:6 Expenditure Report 16:1 Credit Card Payments Unless specified otherwise in the contract documents, payments are made in accordance with the Local Government Prompt Payment Act, F.S. § 218, or as provided for in the Board approved contract, to the County's credit card financial institution. Operating divisions who utilize the County's credit cards will be expected to review transactions, research purchase background, attach documentation and reconcile transactions per the County's CMA 5808 Purchasing Card Program and Procedure. 16:2 Goods and Non -construction Services Unless specified otherwise In the solicitation and contract documents, payments are made in accordance with the Local Government Prompt Payment Act, F.S. § 218. In order to expedite payment, the County recommends that vendor invoices include: • Purchase Order Number. • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Payment methods include: • Traditional — payment by check, wire transfer or other cash equivalent. 16 Procurement Standard Operating Procedures Approved: 1/20/2016 Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Upon delivery of the goods and/or completion of the services by the vendor, operating divisions acknowledge receipt in the County's financial system. Invoices will be submitted to the Clerk of the Courts Finance Division by the vendor. Collier County reserves the right to withhold and/or reduce an amount of any payment for goods not received, work not performed, or for unsatisfactory performance of contractual requirements. The following invoice documentation will be requested for: Lump Sum (Fixed Price): The invoice identifies a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The invoices as a general business practice, includes back-up documentation of the number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The invoice identifies the unit price and the number of units received (no contractor inventory or cost verification required). Invoices will electronically workflow to the operating division who initiated the purchase order. To ensure compliance with prompt pay laws, operating divisions will process and / or approve valid invoices for goods and services for payment as quickly as possible. After review and approval by the operating division, the invoice will be pre -audited by the Clerk of Courts for determination of legality of expenditure. The legality of expenditure includes that the funds are spent for a public purpose, that the funds are spent in conformity with county procurement procedures or statutory bidding procedures, and, that the expenditure does not overspend the budget as finally adopted and recorded in the Office of the Clerk of Courts. In order to support the local vendor community and in compliance with the Fla. Stat. § 218.70, otherwise known as the "Local Government Prompt Payment Act", the County established payment terms as "net immediate, unless otherwise determined by Florida Statute." "Net immediate" is defined as the successful completion of the receipt of products or services by the operating division, a compliant pre -audit determination and approval by the Board as per Section 16 of the Procurement Ordinance (Payment of Invoices). Payments will be made for goods and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time is of the essence with respect to submission of invoices. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County, and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the 19 Procurement Standard Operating Procedures Approved: 1/2012016 amount owed to the vendor or contractor for services performed or for materials delivered in association with a contract. 16:3 Construction Services The contractor will submit progress payment invoices, as outlined in the construction document(s), to the County's project manager (or designee). After the date of each Application for Payment is stamped as received and within the timeframes set forth in F.S. § 218.735, the project manager, or designee will: (1) Indicate approval of the requested payment; (2) indicate approval of only a portion of the requested payment, stating in writing reasons therefore; or (3) return the Application for Payment to the Contractor indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved will be processed and paid in accordance with F.S. § 218.735. The County's project manager will review and validate all documentation. 16:4 Annual Report to the Board Each December, the Procurement Services Director and the Clerk of the Courts Finance Director will prepare an executive summary and submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. 16:5 Payable Report to the Board Prior to payment, the Clerk of Court, or other Board approved payment official, will regularly present all outstanding Invoice payable transactions to the Board. That payment official should prepare an executive summary which requests that the Board approve the payment with a finding that such payable serves a valid purpose. The report will minimally include the following detail for each transaction, including purchasing card transactions: record number, vendor name, division name, purchase order or purchasing card transaction number, invoice number and receipt date, purpose, and If purchasing card, merchant name who provided the service. 16:6 Expenditure Report The Clerk of Court, or other Board approved payment official, will regularly present all expenditures to the Board. That payment official should prepare an executive summary which requests that the Board approve the expenditure report prepared in accordance with F.S. §136.06 and is to be recorded into the Board's Minutes. ADVANCED PAYMENT FOR GOODS AND SERVICES (Procurement ordinance Section IT Advanced Payment) As provided for in the Procurement Ordinance, F.S. § 28.235, and adopted by the State's Chief Financial Officer's adopted procedures, advanced payments are approved and authorized for dues and membership, insurance, maintenance agreements, subscriptions, travel arrangements, and postage. Advanced payments may be made for all other goods and services if approved in advance by the County Manager or designee up to Section 9: Formal Competitive Threshold; the Board may review and approve requests for advanced payment above the formal competitive threshold. The criteria for approval may include: Advance payment will result in a savings to the County, and/or, 20 Procurement Standard Operating Procedures Approved: 112 012 01 6 The goods or services are essential to the operation of the County and are available only if advance payment is made. Requests for advance payment approval must include information indicating that the payment meets one of the above criteria and that the division has complied with the applicable procurement requirements. STANDARDIZATION AND COOPERATIVE PURCHASING (Procurement Ordinance Section M.. Standardization, Cooperative Purchasing Organizations and Governmental Contracts) To secure purchases efficiently and economically, the Procurement Services Director will evaluate whether a purchase may be made by using a State of Florida or Federal GSA competitively bid or negotiated contract, a competitively solicited cooperative contract or a pre-existing competitive contract from another unit of government. The Procurement Services Director will verify that such cooperation will result in a fiscally competitive event and create process efficiencies in the best interest of the County. On an annual basis, the Procurement Services Director will create an executive summary for Board approval for the use of competitive purchasing cooperative organizations and government contracts. Operating divisions may use these contracts with no additional Board approval provided there are funds available in the operating division's budget. For purchases made using Board approved cooperative or government contracts, a requisition Is entered referencing the Board approved Executive Summary and any supporting quote or contract documentation by the operating division. As long as there is sufficient documentation, no additional action will be required, Use of cooperative or governmental contracts which have not been Board approved that are within the informal competitive threshold must be approved in advance by the Procurement Services Director. Attachments to the requisition may include Cooperative Governmental / Consortium Agreement form, quote information, bid tabulation or selection scoring/ranking, prices, contract, etc. Purchases using cooperative or governmental contracts which have not been Board approved that exceed the formal competitive threshold will be submitted to the Board on an executive summary prepared by the operating division. In authorizing all such purchases under pre-existing agreements, the Procurement Services Director will determine if a) the solicitation, terms and conditions of the purchase were competitive in the market and favorable to the County, b) the existing contract was publicly competed, procured by another public entity, or procured by a recognized public cooperative purchasing entity using a procedure substantially similar to those of Collier County, c) the existing contract Is active at the time of order, d) the products and/or scope of services offered to the County are substantially similar to that in the existing contract, and e) where applicable, certificates of insurance and/or contract -related bonds have been obtained in accordance with prevailing County standards and state statutes. The Procurement Services Director may add non -contract goods or services to an existing similar contract subject to the terms and conditions outlined in the existing' contract and the Board's Procurement Ordinance Section 19 (C). 21 Procurement Standard Operating Procedures Approved: 1/2012010 CONTRACT ADMINISTRATION (Procurement Ordinance Section 19.: Contract Administration) A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 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 Beard of County Commissioners. 5. A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement Services Director shall determine the circumstances under which a Board approved purchase order (and all documents included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the requesting divisions. C. Contracts: Notices that terminate in its entirety a Board -approved purchase or contract must be approved by the Board of County Commissioners prior to its termination. 1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten (10%) of the current Board approved aggregate amount , or twenty percent (20%) of the current Board approved number of days must be approved by the Board. 2. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that do not exceed ten (10%) of the current Board approved aggregate amount, or twenty, percent (20%) of the current Board approved number of days will be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. 3. Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or non-compliance, stop work notices, authorization for the use of approved allowances and reallocation of funds between line items, supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 22 Procurement Standard Operating Procedures Approved: 112012016 4. All material changes in scope of contracts must be approved by the Board in advance. "Materiality: is defined as: 1) a significant change in the magnitude of work to be performed; 2) a change designed to,procure a totally different Item or drastically alter the quality, character, nature or type of work contemplated; and 3) whether the cost of the work ordered greatly exceeds the original contract cost. All.non-material changes may be added be added by the Procurement Services Director. 5. Sections CA through C.3 shall not be applicable to fixed term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating division(s). Such purchases shall be subject to all other provisions of this Procurement Ordinance. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. D. Contract Extension: Extensions) of a Board -approved contract for commodities or non - construction services may be requested by the contract manager to the Procurement 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 contract, if the extension period is provided for in the Board approved contract. The Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. E. Contract Renewal: The Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance. 2. That the Board -approved contract pursuant to Section 9 Formal Competitive Threshold, provided for a renewal and Is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed in the original solicitation document and/or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and/or contract, commencing at the end of the contract period. 4. That a contract under the formal competitive threshold with multiple renewal year option terms may be approved annually by the Procurement Services Director. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All contracts for commodities and services exceeding Section 9: Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director. 23 Procurement Standard Operating Procedures Approved: 1/20/2010 Contracts below Section 9: Formal Competitive Threshold shall be subject to the review'and approval by the County Attorney staff and signed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director. G. Work Orders: The Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. I. Authority Limitation and Delegation: Promulgation of Procedures: The Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Procurement Services Director. All authority to execute documents that is vested pursuant to this Section 19 in the Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. J. Payments to Contractors, Vendors and Consultants: Prior to the execution of a formal contract subject to this Procurement Ordinance, the Procurement Services Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents, In accordance with F.S. § 218.735(8), the Procurement Services Director may establish, subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Procurement Services Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted and according to law. Recommendation to reduce the percentage of cumulative retainage shall be subject to the following: 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 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 Procurement Services Director's letter expressly, sets forth the percentage of cumulative retainage to be held for the remaining pay requests. 24 Procurement Standard Operating Procedures Approved: 1/20/2016 K. The Procurement Services Director may authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. 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). 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. UNAUTHORIZED PURCHASES (Procurement Ordinance Section 21: Unauthorized Purchases) County employees and officers are expected to ensure they do not intentionally make a purchase of commodities or services or execute a contract for commodities or services in conflict with the Procurement Ordinance. 21:1 Purchases made contrary to policy 21:2 Rectifying violations 21:3 Consequences for violations 21:1 Purchases Made Contrary to Ordinance Any purchase or contract made contrary to or In violation of the Procurement Ordinance may not be valid and may not be approved, therefore not binding the County in any way. 21:2 Rectifying Violations When a purchase transaction is found to be in violation of the Procurement Ordinance, the Procurement Services Director will consider the facts pertaining to the transaction, and in consultation with the operating division director, will determine whether it is in the best interests of the County to proceed with the purchase. If a determination is made to proceed with the purchase, the purchase will be evaluated based on purchasing thresholds. The Procurement Services Director may approve the purchase If value is less than Section 9: Formal Competitive Threshold. If the purchase value exceeds the formal competitive threshold, the operating division director will create an executive summary for final Board review and approval. 21:3 Consequences for Violations All employees making purchases in violation of the Procurement Ordinance are subject to the provisions of CMA 5311.1 - 2 Standards of Conduct, failure or refusal to abide by the administrative procedures or business operations procedures set forth in the Human Resources Practices and Procedures which may lead to disciplinary action up to and Including discharge. 25 Procurement Standard Operating Procedures Approved: 1/20/2016 EXIGENT CIRCUMSTANCES, EMERGENCY PROCUREMENT AND BOARD ABSENCE (Procurement Ordinance Section 25: Exigent Circumstances, Emergency Procurement and Board Absence) In case of an exigent circumstance, which is defined as any circumstance requiring immediate action or attention, a valid public emergency, or during the Board's extended recess session(s) (all efforts should be made to obtain Board approval prior to anticipated recesses) whereby a purchase is necessary, the County Manager shall authorize the Procurement Services Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to take actions including, but not limited to the issuance of contracts, change orders, and/or supplemental agreements. Any action shall be reported at the first available meeting of the Board of County Commissioners. The County Manager under the same consultations noted above shall further be authorized to approve payments) to vendors at the time of or shortly after purchase should the circumstances warrant. These payments shall be reported at the first available meeting of the Board. This section in no way constrains the provisions of Collier County's Civil Emergency ordinances or powers and authority pursuant to F. S. § 252, Emergency Management. PURCHASING CARD PROGRAM (Procurement Ordinance Section 27: Purchasing Card Program) (Also refer to CMA #5808) The Procurement Services Director shall be responsible for the overall management and operation of the County's purchasing card program in conformance with the Collier County Administrative Practices and Procedures Manual. For the purpose of this Procurement Ordinance, a purchasing card is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Procurement Services Director shall be authorized to assign cards to employees for these purchases. The Procurement Services Director shall be responsible for establishing the following dollar limits for each assigned card: A. Single Transaction Limit: Not to exceed $1,000.00 per card unless otherwise authorized by the Procurement Services Director. B. Monthly Spending Limit: Not to exceed $10,000.00 per card unless otherwise authorized by the Procurement Services Director, C. Strategic Purchases: The Procurement Services Director may utilize (or delegate the authority to other Agency staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section In instances where one or more of the following is true: 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. 26 Procurement Standard Operating Procedures Approved: 1/20/2616 D. Sales Tax Compliance: Pursuant to F.S. § 212.08(6), 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 fails to provide the vendor with the appropriate tax exemption information when the card is presented the cardholder may be responsible for payment of the tax. 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 Director is responsible to ensure the tax is returned to the County for the purchase. In all such instances, the Procurement Services 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 reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it can be properly recorded. 27 Procurement Standard Operating Procedures Approved: 1/2012016 CIL Y Growth Management Department Man ..erwwlttlt � i mi 11 r,+✓ Ig el d 1 1 The Stormwater Management section does not have 501(C)3 IRS Tax Exemption Status. As such our office does not submit Form 990 to IRS. It is an agency within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 North Horseshoe Drive - Naples, Florida 34104.233252-2400-wm.00lliergov.net I • ' County ji Growth Management ment o i ♦ ■ I Management FINANCIAL REVIEW SPREADSHEET The Stormwater Management Section is a section within the Capital Project Planning Section, Impact Fees and Program Management Division and part of the Collier County Government. The financial review spreadsheet is not applicable to the Stormwater Management Section. 2800 North Horseshoe Drive - Naples, Florida 34104.23&252-2400 • M w.00lliergov.net Co ier County Office of Management & Budget Grant Application Reviewed and "Approved by County Manager or designee: County M ager 17� date After -the -Fact Approval by the BCC is required at the March 28, 2017 BCC meeting TO: Leo E. Ochs, Jr., County Manager CC: Amy Patterson, Division Director— IF, CPP & PM FROM: Edmond Kushi, Senior Accountant RE: County Manager review and approval of a 2017 Community Development Block Grant (CDBG) Application to Collier County CHS for Peters Ave Streetscape Improvements in the amount of $160,444 February 27, 2017 The Capital Project Planning, Impact. Fees and Program Management department is submitting a 2017 CDBG application to the Collier County Community and Human Services Division for Peters Ave Streetscape Improvements in the amount of $160,444 to install a five foot wide sidewalk, supplement existing street lights and pipe the swale to allow for the construction of the sidewalk. There is no match requirement for this grant application. The funding opportunity was announced on January 13, 2017 with a due date of March 1, 2017. Due to the short turnaround, we are requesting that the County Manager approve the application for submittal followed by after the fact approval by the Board of County Commissioners at the March 28, 2017 BCC meeting. Once you have reviewed the grant application, please call me at 239-252-8198 for pick up. Thank you, and please let me know if you have any questions regarding this request, 3299 Tamiami Trail East, Suite 201 • Naples, Florida 34112.5746.239.252.8973 • FAX 239-252-8828 Print/Preview o iev Cow4ty Powered by ZoomGrantST^' Collier County Community and Human Services Community and Human Services 2017 Community Development Block Grant (CDBG) 3/1/2017 deadline Collier County Government-Stormwater Management Section Peters Avenue Streetscape Improvements $ 160,444.00 Requested $ 410,444 Total Project Cost Project Contact Elly McKuen ellvmckue nC@co I I ie rgov. net Tel: (239) 252-5890 Additional Contacts none entered Agency Information Collier County Government- Stormwater Management Section 2685 S. Horseshoe Drive Suite 103 Naples, FL 34102 United States Director, CPP, Impact Fees and Program Management Amy Patterson AmvPatterson(cb,Colliergov, net Section 3: AGENCY ORGANIZATION INFORMATION 1. Is your organization a non-profitwith 501(c)(3) status? ❑ Yes ✓ No 2. How many years have you been in operation? E::__ N Years 0.00 TOTAL Page 1 of 10 Telephone(239) 252-5890 Fax Web www.Colliergov.net 3. Is your organization or agency faith based? If yes, all faith -based organizations must complete and attach Acknowledgement of Religious Organization Requirements Form (in the Documents tab) ❑ Yes ✓ No 4. Does your agency have written personnel, fiscallprocurement & implemented policy? (Community and Human Services will review upon award) ✓ Yes ❑ No 5. Does your agency have a written operating procedures manual? (Community and Human Services will review upon award) J Yes ❑ No 6. Physical Address (if different from mailing address listed in previous tab) If the mailing and physical address are the same, enter'Same'. https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Same Application Questions Section 4: NATIONAL OBJECTIVES 1. Which one of the three National Objectives will this project target? For additional information, click the Application Guide tab, above. J Benefits low and moderate income persons (24 CFR 570.208(a)) ❑ Aids in the prevention or elimination of slums or blight (24 CF 570.208(b)) ❑ Qualifies as a certified urgent need (24 CF 570.208(c)) Page 2 of 10 2. Provide justification for how your project targets the National Objective selected above. Refer to the Application Guide tab, above, for specific subcategories to address. This project is located within the Bayshore Gateway Triangle Community Redevelopment Area (BGTCRA) and also located in a Low and Moderate Income (LMI) Area. This area of BGTCRA meets the HUD criteria as outlined in 24 CFR 570.280(a) (1)(i): "...An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low and moderate income persons..." Peters Avenue is a residential street south of the intersection of Airport Pulling Road and U.S. 41 (aka Tamiami Trail East) and immediately west of the Courthouse Shadows PUD. In addition, the U.S. Census shows this area in Census Block 107.01. This census block is located on the LMA Map for Collier County. This community has neither the private resources nor the economic capacity to construct the needed streetscape improvements along this location. The CRA community has no neighborhood association to pay for the improvements and the residents are economically distressed. Sidewalks form the backbone of the pedestrian transportation network. According to the Institute of Transportation Engineers, Technical Council Committee 5A-5 (1998), sidewalks "reduce the incidence of pedestrian collisions, injuries, and deaths in residential areas and along two-lane roadways." Without sidewalks, public rights-of-way are inaccessible to all pedestrians, including people with disabilities. When sidewalks are not available, pedestrians are forced to share the street with motorists, access to public transportation is restricted, and children might not have safe play areas. Because Federal regulations do not require agencies to build sidewalks, the decision is left to States and local agencies. Section 5: INDICATOR ACTIVITY CODE (HUD MATRIX CODES) 3. Which HUD Activity Code best reflects this proposed project? Refer to the HUD Activity Codes document in the Library tab for a list of codes. If your project reflects more than 1 matrix code, you must submit multiple applications. (Click the Open Programs tab, above, to create an additional application.) 03L Activity Code TOTAL Section 6: PROJECT DESCRIPTION AND GOALS 4. Concise Project Description and Goals Narrative (placing emphasis in THIS project application) Refer to Applicant Guide tab for specific instructions. This project is to install a five-foot wide sidewalk, supplement existing street lights and pipe the swale to allow for the construction of the sidewalk. The project scope is approximately 1,200 linear feet (.22 miles) along Peters Avenue from U.S. 41 (aka Tamiami Trail East) to Collee Court. Historically, when this neighborhood was developed, the developer/builder was not required to install sidewalks as part of their subdivision development. Peters Avenue is located in East Naples and the homes range from 30 to 50 years old. Most residents are forced into the street to avoid the deep swales but are then placed into direct conflict with vehicle traffic. Most residents are forced to walk in the street or on the side of the road when vehicles approach. Since there are deep swales along the street, most residents are cautious when waiting for vehicles to pass and some have even fallen and injured themselves. S� ra https://www.zoomgrants.conVprintprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Page 3 of 10 The BGTCRA Redevelopment Plan and the Bayshore Beautification MSTU Master Plan identify the development of walkways, bikeways and other means of handling local pedestrians in the area as a major need. The 2000 BGTCRA Redevelopment Plan (page 99) identifies streetscape, traffic calming and parking improvements as one of the projects identified as a local expenditure for the redevelopment of the area. The other activities include: • Neighborhood park development • Acquisition of land for redevelopment • Land acquisition, construction and financing support for affordable housing • The Triangle Stormwater Management Plan • The Haldeman Creek and Canal System Dredging Plan As well as the 2000 BGTCRA Redevelopment Plan, the Bayshore Beautification MSTU Master Plan identifies walking and biking as predominant forms of direct transit within the MSTU area. The MSTU Master Plan proposed multiple modes of transportation (Page 33) within the district including sidewalks, bikeways, multimodal paths, greenways and public transit routes as well as opportunities at a regional scale. The project will fulfill one of the redevelopment goals of the 2000 BGTCRA Redevelopment Plan as well as the Bayshore Beautification MSTU Master Plan. Section 7: IMPACT ON COLLIER COUNTY'S PRIORITY NEEDS NOTED IN THE APPLICANT GUIDE 5. Impact on Collier County's Priority Needs Noted in the Applicant Guide Narrative Refer to Applicant Guide tab for specific instructions. The Peters Avenue Streetscape Improvement Project implements one of the identified HUD priorities— Community/Public Facilities. In addition, this project implements one of the Community and Human Services Department Priority Needs as an Infrastructure Improvement located in the Bayshore CRA. The Code of Federal Regulations (CFR) 24-570.201(c) identifies eligible activities associated for Public Facilities and Improvements are described as "...acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements...". While there is no specific reference to what constitutes Community/Neighborhood or Public Facilities, in the CFR's, the HUD Basically CDBG Manual references eligible uses under this priority to "...include, but not limited to public schools, libraries, recreational facilities, parks, playgrounds, streets, curbs, water and sewer lines..." In addition to HUD priorities, the Peters Avenue Streetscape Improvement Project also complies with Florida Slate Statutes 163.370(2)(c) and 163.370(2)(d) that states the Redevelopment Areas are charged with providing, arranging for, installing, constructing or reconstructing improvements as outlined below: "(c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public areas... improvement necessary for carrying out in the community redevelopment area the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan..." "(d) To provide or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and to agree to any conditions that it deems reasonable and appropriate which are attached to federal financial assistance and imposed pursuant to federal law relating to the determination of, prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of a community redevelopment and related activities, and to include in any contract let in connection with such redevelopment and related activities provisions to fulfill such of the conditions as it deems reasonable and appropriate..." Section 8: EXPERIENCE AND CAPACITY 6. Experience and Capacity Narrative Refer to Applicant Guide tab for specific instructions. As part of the Collier County Government Agency, the Transportation Planning Section (TPS) is a section within the Capital Project Planning, Impact Fees and Program Management Division (CPP, IF & PM) and reports to the Growth Management Department(GMD). Transportation Planning's day-to-day responsibilities include the planning of a multi -modal transportation network in coordination with the Collier Metropolitan Planning Organization. This network must address existing deficiencies as well as forecast growth to ensure that the qualify of life of the County's residents and visitors are enhanced by the improvements. Transportation Planning closely works with the Transportation Engineering Division to maintain a safe transportation network, implement multiple capital projects which are funded through various means such as federal and state grants. The Transportation Planning Manager, Trinity Scott, will oversee this project and has over sixteen (16) years experience in transportation design, construction, studies, modeling. In addition, the Project Manager, Elly Soto McKuen, has https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 r Print/Preview Page 4 of 10 approximately 25 years of experience and will ensure all federal regulations are followed during the streetscape project. The TPS partners with other divisions in the GMD for land use and development issues, Procurement Services Division for bidding and purchasing items, Real Property for land acquisition and land/building management, the Office of Management and Budget (OMB) for financial support, County Attorney's Office for legal issues along with the County Manager's Office for program assistance and administration. The OMB and Collier County Clerk's Office provides accountants and fiscal technicians that have a great depth of experience in managing federal grants. TPS grant administrative staff has worked with Community and Human Services to administer federal (HUD) grants. Grant administrative staff has received training from the OMB Division, Clerk of the Court's Office, Procurement Division in grants administration through various locally administered sessions. 7. Have you received funding in the past? If so, please complete the Prior Awards table in the Tables tab. ❑ Yes AND the Prior Awards table is complete ✓ No Section 9: ADDITIONAL PROJECT SPECIFIC INFORMATION 8. Additional Project Specific Information Narrative (include sources of estimates) Refer to the Applicant Guide tab for specific instructions. The purpose of the project is to install streetscape improvements that consists of a new 5 -foot sidewalk, the piping of the stormwater swale for the sidewalk as well as supplementing the existing streetlights along the street. TPS hired the engineering firm of CH2M, Inc. to review the Peters Avenue location and provide an estimate of cost. The TPS will receive sidewalk development funds from the KRG Courthouse Shadows, LLC. through the Planned Unit Development (PUD) Amendment process. Identified in Section Thirteen of the PUD Ordinance under the Traffic Section, the developer "...shall pay for the design and construction of a five foot sidewalk along Peters avenue up to the sum of $50,000, which shall represent its payment in -lieu consistent with LDC (Land Development Code) Section 6.06.02 for the entire site...... These funds will be utilized to off -set the design and construction cost for the streetscape. As outlined in the experience and capacity section of the application, both the TPS Manager and the Project Manager has extensive project management experience. The TPS has a combined experience of more than 40 years of project analysis and management experience. _ Section 10: ENVIRONMENTAL ISSUES 9. Put a check in any box that pertains to the proposed activity. If you check any of the boxes below (except 'None of the above), you must provide an explanation in the next question. If you check the 'None of the above' box, you may enter'N/A' in the next question. ❑ Project/property is located on an historical or archeological site ✓ ProjecUproperty, is in the 100 -year flood plain ® Project/property is in a wetlands area Project/property is in a coastal barrier area ❑ Project/property is within a half -mile of an airfield ❑ Project/property is near storage or manufacturing facility of industrial products ❑ Project/property is on or near soil contaminated by diesel/fuel or gasoline ❑ Projectiproperty is expected to impact the environment in any negative manner or pose a hazard or nuisance ❑ Endangered or threatened or listed species are located on the proposed project site ❑ There are environmental concerns or impediments associated with the proposed activity (if yes, please provide detail) ❑ ProjecUproperty is expected to adversely affect the environment ❑ ProjecUproperty, is NOT on a properly zoned site (if not zoned properly, please explain) ❑ None of the above 10. If you checked any box (except'None of the above') in the previous question, provide an explanation in the box below. https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Page 5 of 10 If you checked 'None of the above'in the previous question, please enter'N/A'. The Collier County floodplain is very broad, and except for areas near the coast which are subject to tidal surge flood the floodplain is generally very shallow. This broad, shallow floodplain is created by sheetflow created during extremely heavy rainfall events such as the theoretical 100 -year rainfall as shown on the Digital Flood Insurance Rate Map (DFIRM) published by the Federal Emergency Management Agency (FEMA). In the Bayshore area, existing canals, ditches and natural sloughs (long linear natural low areas that allow for the slow flow of surface water) are mapped as the AE flood zone. This designation identifies that the depth of flooding is expected to be greater than three (3) feet during the peak flooding from a 100 -year rainfall event. Much of the Bayshore area is mapped within the AH flood zone which identifies that the depth of flooding is expected to be between one (1) to three (3) feet with almost imperceptible flow movement. This broad AH floodplain is very common where the topographic relief is very flat as it is throughout Collier County. Due to the flat topography Collier County non -coastal floodplains do not experience rapidly moving floodwaters or dangerous flash flooding. As the canals, ditches and sloughs fill with rainfall runoff, there is a gradual expansion beyond the edges of those features that results in a shallow sheet-like layer of water covering much of the land surface. The lateral movement of this shallow sheet of water is called sheetflow and is often almost imperceptible. After the intense rainfall ends there is a gradual passing of the runoff through the canals, ditches and sloughs and a return of the sheetflow back to within the boundaries of those canals, ditches and sloughs. Section 11: PROJECT IMPLEMENTATION PLAN AND READINESS TO IMPLEMENT 11. Project Implementation Plan and Readiness to Implement Refer to Applicant Guide tab for specific instructions. Once TPS receives the conditional letter, they will immediately begin coordinating with a local engineering to start the design of the improvements. After the Subrecipient agreement and the environmental review is in place for this project the TPS will have a completed set of plans and will immediately work with the procurement department to start the bidding process to get a contractor and CEI Services to start the work. In addition, TPS staff will work with the GMD Permit Office to get a Right -of - Way permit. TPS anticipates the Peters Avenue Streetscape Improvement Project will take approximately nine (9) months (including the bidding process) to complete. July/August 2017 - Complete construction design at TPS expense October 2017 - Subrecipient Agreement and Board Approval October/November 2017 — Environmental Review (abbreviated review since ER was completed in February 2017 for Fire Suppression System -completed by CHS) December 2017 — County Right-of-way permit December 2017 - Bid preparation for contractor and CEI Services January 2018— Bid award, contractor contract February 2018 — Construction begins April 2018 — Construction complete April 2018 — Project monitoring and closeout 12. Please complete the Project Timeline table in the Tables tab, then check the box below to confirm. Timelines must be well thought out, complete, and achievable. Failure to provide adequate timelines may result in disqualification. ✓ Project Timeline is complete Section 12: FINANCIAL MANAGEMENT 13. Financial Management Refer to the Applicant Guide tab for specific instructions. To date, the TPS has spent approximately $5,000 in staff time evaluating the area, working with the engineering company to provide a cost estimate, and reviewing design plans. As identified in Question #8, the KRG Courthouse Shadows LLC developer is also required to contribute $50,000 toward the design and construction of the sidewalk along Peters Avenue. TPS staff time and the developer's contribution will be used as leverage for this project and will be outside the scope of the request for funding. https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Page 6 of 10 TPS through the Capital Project Planning, Impact Fees & Program Management Division, joins Growth Management Department (GMD) in demonstrating financial stability with a checks and balance system by submitting a single audit through the OMB Office on an annual basis. The Collier County Clerk of the Courts performs the single audit on behalf of all county government entities. As a division of GMD, TPS has the capacity to sustain payment to our vendors through the County financial system and the ability to wait for reimbursement from the funding grant. 14. Please complete and upload the Financial Review Spreadsheet in the Documents tab. ✓ Financial Review Spreadsheet is complete and uploaded 15. Agency maintains the following records: Check all that apply. ✓ Cash Receipts Journal ✓ Cash Disbursements Journal ✓ General Ledger ✓ Charts of Accounts ✓ Payroll Journal and Individual Payroll Records ✓ Individual Personnel Files J Written Procurement Procedures ✓ Capital Inventory ✓ Written Travel Policy ✓ Property Control Policy and Records ❑ None of the above 16. Agency agrees to: Check all that apply. ✓ Submit complete audits for every year during contract ✓ Retaining all project records for the applicable time period as outlined in applicable regulations Section 13: OUTCOMES AND PERFORMANCE MEASURES 17. Outcomes and Performance Measures Refer to the Applicant Guide tab for specific instructions. The outcome of the streetscape improvements provides for sidewalks and lighting to be separated from the roadway and has been identified as the preferred accommodation for pedestrians. The swale piping will provide the backbone to allow the sidewalk to be constructed. Sidewalks provide many benefits including safety, mobility and healthier communities. The performance measure for this project will be increased public safety and the reduction of pedestrian/bicyclist crashes. Section 14: BUDGET 18. Please complete the Budget Summary and Itemization table in the Tables tab, then check the box below to confirm. ✓ Budget Summary and Itemization table is complete Section 15: ESTIMATED PROGRAM INCOME 19. Will program income be generated as a result of the service or product provided? If so, please use the 'explain' box to indicate the SOURCE of the income generated (rent, proceeds, revenue, program fees, etc.) and the TOTAL DOLLAR AMOUNT that will be generated. ❑ Yes, please explain: ✓ No 20. Estimated Program Income Narrative Refer to the Applicant Guide tab for specific instructions. If no program income will be generated, enter'N/A'. N/A https://www.zoomgrants.com/prmtprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Page 7 of 10 21. If program income is anticipated, indicate how the funds will be utilized: ❑ Organization will track, re -use within the program and report to CNS on a monthly basis ❑ Organization will submit program income to CHS on a monthly (or at least yearly basis) ✓ N/A -No program income will be generated Section 16: LEVERAGED OR MATCH FUNDS 22. If applicable, please complete the Leveraged or Match Funds table in the Tables tab, then confirm below. ✓ Leveraged or Match Funds table is complete ❑ N/A - No leveraged or matched funds exist Tables Prior Awards Fiscal Year Award Amount FY $ N/A FY $ FY $ FY $ FY $ FY $ FY $ FY $__- FY $ FY -.... $ FY $ Total $ 0 Project Timeline Clients Served Project Location 0 Tasks # of Days to Date Completed/Anticipated Date Complete (Month & Year) Complete construction design at 60 Days July/August 2017 TPS expense Subrecipient agreement and 30 Days October 2017 Board approval Environmental Review 60 Days October/November 2017 County right of way permit 30 Days December 2017 Bid preparation for contractor and 30 Days December 2017 CEI Services Construction begins 30 Days Feburary 2018 Construction complete 60 Days April 2018 __. --..- _..... Days _....._ Days Days Days Responsible Party TPS staff https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Page 8 of 10 https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Days Days Days Days Days Days Days Days Days Total 300 Days Budget Summary and Itemization Project Components CDBG Other -Dzation Funding Funds Leverage/Match Total Narrative Deliverable Lin Item by Lin e Item Design and $ $ 50,000 $ $ KRG Courthouse N/A construction Shadows LLC developer contributions for sidewalk alo{ g Peters Avenue required in the PUD Design and CEI $ $ 200,000 $ $ Transportation Planning N/A Services contribution toward the design and CEI Services for the streetscape improvements Construction costs $ 160,444 $ $ $ Balance to complete Contractor construction of the invoices streetscape improvements $ $ $ $ $ $ - $ $- -----$ $ -_-$ $ $ $ $ Total $ 160,444 $ 250,000 $ 0 $0 https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Print/Preview Leveraged or Match Funds Source of Match/Leveraged Funds Conditions/Limitations of Match/Leverage Funds KRG Courthouse Shadows LLC - Developer Must be spent on design and construction of the contributions required by the PUD Peters Avenue sidewalk Transportation Planning - General Funds no conditions Page 9 of 10 Amount $ 50,000 $ 200,000 Total $250,000 Documents Documents Requested Required? Attached Documents 501(c)(3) IRS Tax Exemption Letter Transportation Planning 501c3 Articles of Incorporation Transportation Planning Articles of Incorporation Transportation Planning ByLaws - Organizational Chart Transportation Planning Organizational Char of Board of Directors -- -Uist Transportatio Planning Board of Directors Resumes, Pay Scales with Job Descriptions Transportation Planning Job Descriptions and Resumes State of-Florlda Certificate- of Good Standing Transportation Planning Good Standing Board Resolution authorizing submittal of grant Peters Avenue Sidewalk Board Resolution application Preceding tint. 2 -year comp leted aud its including I I management letter and findings Acknowledgement Letter download template A-ff—idavnf State, -and --- Local Regulations download template tionCertifica-tion-of CD - BG Funded Construction/Rehabilitation Projects download template Acknowledgment of Religious Organization Requirements (template?) download template Certification Regarding Debarment, Suspension, V, Ineligibility Voluntary Exclusion download template Procurement Policy Transportation Planning Procurement Polic Match Documentation Internal Revenue Service Form 990 - First 12 page Transportation Planning Form 990 of the last 2 years fF'AOPOcABLE-NarKcation of'site plan/plat approval https://www.zoomgrants.com/printprop.asp?rfpid=l 302&propid=73727&print—R 2/25/2017 Print/Preview Page 10 of 10 IF APPLICABLE: Verification of zoning IF APPLICABLE: Location map/photo of site --- IF APPLICABLE Floor plans IF APPLICABLE: Relocation plan associated with Uniform Relocation regulations Financial Review Spreadsheet ,/ Transportation Planning Financial Review download template Spreadsheet Additional documents, if needed * ZoomGrants7m is not responsible for the content of uploaded documents. Application ID: 73727 Become a fan of ZoomGrants" - on Facebook Problems? Contact us at Gueslions(o)ZoomGrants.com ©2002-201] GmmArmyst.com. All rights reserved. "Zoon -Grants" and the ZoomGrants logo are trademarks of GranlAnalyst.com, LLC. Learn t l Browser https://www.zoomgrants.com/printprop.asp?rfpid=1302&propid=73727&print=R 2/25/2017 Growth Management Department Capital Project Planning, Impact Fees & Program Management Division IRS TAX EXEMPTION STATUS The Transportation Planning Section does not have 501(c)(3) IRS Tax Exemption Status. It is a section within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management 2800 North Horseshoe Drive • Naples, Florida 34104.23&252-2400 • wmodliergov.net ® 7CY County Growth Management Department Capital Project Planning, Impact Fees & Program Management Division ATICLES OF INCORPORATION The Transportation Planning Section does not have Articles of Incorporation. It is a section within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 North Horseshoe Drive • Naples, Florida 34104.239252-2400 -www.colliergov.net r ,: ® 7er County Growth Management Department Capital Project Planning, Impact Fees & Program Management Division ORGANIZATIONAL BY-LAWS The Transportation Planning Section does not have organizational by- laws. It is a section within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 Not Horseshoe Drive • Napes, Florida 34104.233252-2400 • wyw oolliergov.net Board of County Commissioners County Manager Growth Management Department David Wilkison, Department Head James French, Deputy Dept Head Capital Project Planning, Impact Fees and Program Management Division Amy Patterson, Director Stormwater Transportation Pollution Control Impact Fees Coastal Management Planning Management Trinity Scott Manager Elly Soto McKuen Project Manager a a, F;. ier County rsrtr ri �� Growth Management Xp. Management• BOARD OF DIRECTORS The Transportation Planning Section of the Capital Project Planning, Impact Fees & Program Management Division Board of Directors is made up of the Collier County Board of County Commissioners. The Commissioners are: Penny Taylor, Chairman Andrew Solis, Vice -Chairman Burt Saunders William McDaniel Donna Fiala 2800 North Horseshoe Dore • Naples, Honda 34104.239-252-2400 • vnw✓oolliergov.net Manager - Code: C:� f v County Planning Class 3823 COLLIER COUNTY "VISIon Date: Od 1, 2015 Bargaining Unit: General/Non-Union SALARY RANGE $32.61 - $50.38 Hourly $2,608.46 - $4,030.04 Biweekly $67,820.00 - $104,781.00 Annually PURPOSE OF CLASSIFICATION: The purpose of this classification is to manage, Implement, and oversee functions and programs within the Comprehensive Planning Division, the Zoning and Land Development Review Division or the Transportation Planning Division. Employees In this classification provide dally supervisory oversight and mentor planners and technical and support staff. Employees in this classification may process land use petitions and/or Growth Management Plan amendments, conduct land use studies, prepare demographic and economic analyses, administer land management programs, administer private property impact mitigation programs, administer/assist with community specific visioning and redevelopment projects, and provide Local Planning Agency support; administers and Interprets the Land Development Code (LDC); recommends zoning Interpretations; reviews and approves Development of Regional Impact documents with state and regional planning agencies; maintains electronic recording and tracking systems for all land use applications; Insures that land use petitions and applications for development orders are consistent with the County's Growth Management Plan (GMP), the Land Development Code, the respective department's policies and procedures and best planning practices; and provides administrative support to the Collier County Community Redevelopment Agency, the County's Concurrency Management System, transportation related advisory panels and other community planning initiatives related to land use or transportation. ESSENTIAL FUNCTIONS: Manages, directs, and evaluates assigned staff, processing employee concerns and problems, directing work, counseling, disciplining, and completing employee performance appraisals; provides for and oversees training activities for staff. Oversees daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and reviews completed work; confers with assigned staff, assists with complex/problem situations, and provides technical expertise. Prepares and gives public presentations to the Board of County Commissioners, Collier County Planning Commission and other groups on all program activities of the planning section of either the Comprehensive Planning Division, the Zoning and Land Development Review Division or the Transportation Planning Division. Provides staff support to the Collier County Planning Commission by overseeing the preparation of meeting agendas, the scheduling of meetings, the preparation and distribution of staff reports, the maintenance of the schedule of meetings, the advertising of the meetings, etc. Attends and acts in a lead role in representing the positions of the staff. Manages the preparation of a variety of technical reports, the Annual Update and Inventory Report (AUIR) of public facilities and the annual update and amendment of the Capital Improvement Element (CIE); conducts/participates in the annual Growth Management Plan amendment cycle in accordance with Florida Statutes; reviews and assures quality control of staff reports and responses to administrative actions relative to the interpretation of LDC provisions. Manages and/or initiates responses to issues/questions-from management or at the direction of the Board of County Commissioners. Manages the generation of amendments to the Land Development Code and facilitates the approval process. Maintains liaison with officials and representatives of state, environmental, development, and citizens' organizations to ensure that respective planning efforts are not in conflict. Supervises the program activities of staff with implementing and supporting the Community Redevelopment Agency (CRA); meets and negotiates with landowners and citizens relative to CRA activities; directs and supervises staff and consultants in the process of developing and implementing Community Redevelopment Plans. Communicates with developers, property owners, and other customers to respond to questions or concerns relating to land development regulations. Advises and assists the division director on issues related to public facilities availability and financing. Manages and advises and assists the division director with compliance activities associated with the Concurrency Management System; makes rulings and Interpretations. Reviews and/or prepares required reports and documents for the establishment, tracking and administration of Community Development Districts (CDD) and other Special Districts as may be establish under Florida Statutes. Supervises and participates in the review of rezoning petitions and Development of Regional Impacts to ensure consistency GMP consistency. Advises, directs and provides technical assistance to staff of various County divisions in the preparation of long-term public/road facilities planning; provides direction, advice and mentoring to assigned staff specific to the maintenance of the Capital Improvement Element, concurrency management system, and preparation of the Annual Update and Inventory Report on Public Facilities (AUIR). Prepares the section's input into the respective planning division's annual budget;. assists in the preparation of the division's annual budget and provides input into the preparation of the departmental budget and the County's Capital Improvement Plan (CIP). Coordinates County Planning Commission agenda and provides written and verbal direction on agenda items. Operates a computer, printer, copier, overhead projector, telephone, motor vehicle, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database, or other system software. ADDITIONAL FUNCTIONS Performs general clerical work, including copying, preparing vouchers and purchase orders, and coordinating the delivery of joint work products from other divisions. Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. PERFORMANCE APTITUDES Data Utilization; Requires the ability to coordinate, manage, and/or correlate data. Includes exercising judgment in determining time, place and/or sequence of operations, referencing data analyses to determine necessity for revision of organizational components, and in the formulation of operational strategy. Human Interaction: Requires the ability to function in a managerial capacity for a department or organizational unit. Includes the ability to make decisions on procedural and technical levels. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, and/or advisory data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may Include ability to perform mathematical operations involving basic algebraic principles and formulas, and basic geometric principles and calculations. Functional Reasoning: Requires the ability to apply principles of influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving the evaluation of Information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort• in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, sounds, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Bachelor's degree in Planning or closely related field; six years of experience in land use/transportation planning, zoning administration, land use analyses, organizational and supervisory management, and fiscal management; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s) to drive a County vehicle as provided in CMA 5805. Fingerprinting required. SUPPLEMENTAL INFORMATION: BCC125 Exempt Collier County - Class Specification Bulletin & 00101ty COLLIER COUNTY Revision Date: Oct 1, 2015 Project Manager Bargaining Unit: General/Non-Union SALARY RANGE $29.57 - $45.69 Hourly $2,365.96 - $3,655.38 Biweekly $61,515.00 - $95,040.00 Annually Class Code: 13875 PURPOSE OF CLASSIFICATION: The purpose of this classification is to manage and coordinate activities of construction projects for an assigned division. ESSENTIAL FUNCTIONS: Provides direction, guidance and assistance to contractors and work crews; coordinates daily work activities; organizes, prioritizes, and assigns work; monitors status of work in progress and inspects completed work; confers with contractors and work crews, assists with complex/problem situations, and provides technical expertise. Ensures compliance with all applicable codes, laws, rules, regulations, standards, policies and procedures; ensures adherence to established safety procedures; monitors work environment and use of safety equipment to ensure safety of employees and other individuals; interprets construction plans and specifications; researches code books as needed; initiates any actions necessary to correct deviations or violations. Consults with division management or other officials to review status of division projects, review/resolve problems, receive advice/direction, and provide recommendations, Reviews construction plans, designs, and specifications pertaining to projects; develops designs, drawings, or maps associated with proposed or approved projects; makes recommendations concerning improvements, modifications, design strategies, structural systems, or other aspects of project development. Prepares and administers project budgets; submits justifications for budget requests; monitors expenditures to ensure compliance with approved budget. Prepares project schedules; monitors progress of project in meeting established schedule. Coordinates process for bidding and contracting of services; prepares Requests For Proposal (RFPs) for engineering services, design services; construction services, inspection services, maintenance services, or other services; prepares bid packages; conducts pre-bid and pre - construction meetings; Issues addendums to clarify questionable issues; participates in negotiations of scope of services and fees for professional services agreements; makes recommendations to Boards regarding selection of vendors and awarding of contracts; compiles language for contracts and specifications packages. Coordinates acquisition and/or maintenance of required permitting; researches federal, state, and local code requirements; coordinates efforts between multiple divisions, co -applicants, and consultants to prepare application documents; develops programs and reports as required by permit. Oversees, administers, and coordinates work performed by consultants, contractors, or other service providers; administers annual maintenance contracts; monitors work to ensure compliance with terms of contract; reviews invoices and payment requests submitted by consultants/contractors. Manages projects during design and construction phases; attends regular project progress meetings; prepares, reviews, and processes change orders for changes to contracted scope of work; processes purchase order requisitions, work orders, and Invoices; reviews project progress reports submitted by contractors; monitors adherence to project schedules. Conducts inspections, monitors work, and maintains records to ensure quality control; inspects quality of construction work and materials; coordinates final inspections with help://agency.govelminuntjobs.conVcollier/default.cfnl?action=speebultetin&ClassSpeolD=44592&headerfooter0[3/812016 4:02:48 PM] "'i Collier County - Class Specification Bulletin contractors and engineers; coordinates project acceptance with other County divisions or government agencies. Prepares executive summaries for presentation to Board of County Commissioners, Planning Commission, or other officials. Provides technical advice, Information, and assistance concerning engineering Issues, project management issues, design/constructlon activities, and other issues to contractors, consultants, County staff, public agencies, or others; responds to questions or complaints; assists in resolving engineering problems, project development issues, or conflicts involving project participants; recommends solutions to problems. Coordinates projects and work activities with other divisions, consultants, contractors, sub- contractors, utility companies, state agencies, outside agencies, or others as needed; coordinates with utility engineering staff to identify location of existing utilities and conduct other utility work. Coordinates public education activities relating to division projects, services, and activities; coordinates neighborhood programs involving participation of residents, such as resident traffic teams; speaks to property owners and community organizations and provides Information regarding projects and activities; develops press releases and public information materials for distribution. Participates in legal activities relating to projects; attends hearings during court proceedings and provides depositions; meets with County Attorneys to discuss cases. Prepares/submits requests for review/changes to ordinances or resolutions. Prepares or completes various forms, reports, correspondence, executive summaries, requests for proposals, requests for qualifications, schedules, flow charts, progress/status reports, budget documents, cost estimates, purchase order requisitions, notices to proceed, work orders, change orders, punch lists, agendas, action plans, permit applications, permit reports, grant proposals, drawings, designs, maps, or other documents. Receives various forms, reports, correspondence, statistical reports, schedules, bid proposals, drawings, construction plans, design plans, flow charts, permit applications, contracts, change orders, progress reports, budget reports, Invoices, payment requests, insurance certificates, Inspection reports, technical study reports, laboratory reports, photographs, master plans, specifications, standards, product literature, codes, policies, procedures, trade publications, maps, manuals, reference materials, or other documentation; reviews, completes, processes, forwards or retains as appropriate. Maintains files/records of project documentation, contracts, construction drawings, and other divisional records. Operates a motor vehicle, personal computer, drafting tools, survey instruments, camera, general office equipment, or other equipment as necessary to complete essential functions, to Include the use of word processing, spreadsheet, database, graphics, computer-aided design (CAD), e mail, Internet, or other computer programs. Monitors inventory of division equipment and supplies; ensures availability of adequate materials to conduct projects and work activities; initiates orders for new/replacement materials. Communicates with supervisor, County officials, employees, other divisions, attorneys, engineers, designers, consultants, contractors, developers, vendors/suppliers, utility companies, state/federal agencies, the public, community organizations, outside agencies, and other individuals as needed to coordinate work activities, review status of work, exchange information, or resolve problems, Attends various meetings and hearings, serves on committees, and makes presentations as needed. Maintains a comprehensive, current knowledge of applicable laws/regulations; maintains an awareness of new construction methods, materials, trends, and advances in the profession; reads professional literature; maintains professional affiliations; attends workshops and training sessions as appropriate. ADDITIONAL FUNCTIONS Performs general/clerical tasks, which may include answering telephone calls, making copies, sending/receiving faxes, filing documentation, or picking up/delivering project documents. Provides assistance to other employees or divisions as needed. Performs other related duties as required. In the event of declared state of emergency, employees in this classification may be called to bttp:flageuey.govermnentjobs.eoiuleollierldefault.cfm?action=specbuiletin&ClassSpec1D=44592&beaderfooter--0[3/8/2016 4:02:48 PMj Collier County - Class Specification Bulletin work during days or hours other than those for which they are regularly scheduled. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to Identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project, program, or designated area of responsibility. Equipment, Machinery, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and/or materials used In performing essential functions, Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division; ability to calculate decimals and percentages; may include ability to perform mathematical operations with fractions; may include ability to compute discount, interest, and ratios; may include ability to calculate surface areas, volumes, weights, and measures. Functional Reasoning: Requires the ability to apply principles of Influence systems, such as motivation, incentive, and leadership, and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations Involving the evaluation of information against sensory, judgmental, or subjective criteria, as opposed to that which is clearly measurable or verifiable. Leadership: Customer Service: Financial Accountability: ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate colors or shades of colors, depth, texture, and visual cues or signals. Some tasks require the ability to communicate orally, Environmental Factors: Performance of essential functions may require exposure to adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, temperature and noise extremes, fumes, traffic hazards, or bright/dim light. MINIMUM QUALIFICATIONS: Bachelor's degree In Civil Engineering, Construction Management, Landscape Architecture, Environmental Engineering, Architecture, or a related field; supplemented by six (6) years previous experience and/or training that includes project management, construction supervision, budget administration, contract administration, and experience in specific area of assignment, which may include utilities engineering, transportation engineering, traffic engineering, landscape design/management, environmental program administration, stormwater management, facilities management, solid waste engineering project management (solid waste processing, disposal, transfer, and recycling facilities) or other area of assignment; or any equivalent combination of education, training, and experience which provides the requisite knowledge, skills, and abilities for this job, Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s) to drive a County vehicle as provided in CMA 5805. http:llagency.govertnnentjobs.cornleollieddefault.efm?action=specbnlletin&ClassSpecID=44542&headerfooter0[3182016 4:02:48 PK Collier County - Class Specificntion Bolick Fingerprinting required. SUPPLEMENTAL INFORMATION: BCC123 Exempt http://agency,goverimentjobs.cotulcollierldefault.cfln7acliou=speebutletiti&Class8peolD=44592&headurfuotei=0[318/2016 4:02:48 PM] Trinity L. Scott (239)253-2083 220141' Terrace SW Naples, Florida 34116 Trinityc@m,iii.com mail.com Objectives To continue my professional development where my, leadership, dedication and strong work ethic will be utilized to help my profession grow. Education May 2015 - Present i Florida SouthWestern State College Pursuing Associate in Arts degree. March 2014 - May 2015 i University of South Florida Completed Transit Management Certificate Program March 2013 - September 2013 i University of South Florida Completed Social Marketing in Transportation Certificate August 1991 - June 1995 i William Henry Harrison High School Graduated with Honors Diploma. Experience April 2015 - present i Transportation Planning Manager Collier County Board of County Commissioners.i Naples, Florida Manage, coordinate and oversee transportation planning programs, projects and activities; ensure departmental compliance with all applicable codes, laws, rules, regulations, policies and procedures; consult with department management, County officials or other officials to review operations, review/resolve problems and provide recommendations; develop and implement departmental budget, monitor expenditures and ensure compliance with approved budget; develop and implement long and short term plans, goals and objectives; evaluate efficiency and effectiveness of transportation system including concurrency, requirements; prepare grant applications; assist in the preparation of the various long and short range transportation plans; prepare requests for proposal, evaluate proposals and make recommendations for vendor selection. November 2012 - April 2015 j Public Transit Manager Collier County Board of County Commissioners I Naples, Florida Manage, coordinate and oversee public transportation programs, projects and activities; supervise work of contracted service provider; ensure departmental compliance with all applicable codes, laws, rules, regulations, policies and procedures, ensures adherence to established safety procedures; consult with department management, County officials or other officials to review operations, review/resolve problems and provide recommendations; develop and implement departmental budget, monitor expenditures and ensure compliance with approved budget; develop and implement long and short term plans, goals and objectives; evaluate efficiency and effectiveness of transit system; prepare grant applications to obtain finding for transit/paratransit services; submits grant applications to federal and state agencies; prepare various operating reports and service plans; assist in the preparation of the Transportation Disadvantaged Service Plan, system safety service plan, transit development plan, disadvantaged business enterprise plan, Title VI plan, etc.; and perform contract administration; prepare requests for proposal, evaluate proposals and make recommendations for vendor selection. May 2007 - November 2012 1 Community Liaison Florida Department of Transportation I Fort Myers, Florida Coordinate urban and rural planning activities; assist in the development of the Department's Five Year Work Program; responsible for the Department's Five Year Work Program Board presentations and public hearings; coordinate the public involvement activities of the 2010 Strategic intermodal System Update and the 2060 Florida Transportation Plan Update; attendance at various local public meetings and workshops; review plans as necessary; initial contact for various local agencies and citizens; coordinate local agency/citizen concerns with varions Departments; coordinate with other community liaisons on planning efforts; coordinate with other Districts on mutual projects; respond to trackers; assist in the preparation of policies and procedures; and other duties as assigned by the Director of the Southwest Area Office. August 2005 - May 2007 1 Project Manager Collier County Board of County Commissioners I Naples, Florida Manage bicycle/pedestrian projects including those in planning, design and construction phases; obtain all necessary permits; review all site development plans, plats and zoning applications for compliance with the Land Development Code; review all County and State projects (PD&E and construction) for bicycle/pedestrian features; member of the Community Traffic Safety Team; County liaison for the Metropolitan Planning Organization's Technical, Citizen and Pathway Advisory Committees & Board with regard to bicycle and pedestrian issues; review all existing planned unit developments and developments of regional impact for compliance with ordinances; assisted in the development and adoption of the Comprehensive Pathway Plan and the multi -modal aspects of the Long Range Transportation Plan; dr4fted and presented changes to the Comprehensive Plan and the Land Development Code; responsible for preparation of project budgets included in the County's Capital Improvement Plan; coordinate grant funding; close- out projects once finalized; reconcile final project costs to budgets; and reassign fonds as appropriate. R January 2005 - August 2005 1 Design Technician CH2MH1ll I Naples, Florida Planning -- Prepared scopes of services; completed planned unit development monitoring reports and Field verification; assist with planning reviews as requested by County staff; coordinated with sub -consultants on corridor and alignment studies; review monthly invoices; make presentation to local officials as necessary; prepare public involvement plans; and coordinate public meetings. Design — Coordinate sub -consultants and review monthly invoices; coordinate utilities, bike/ped facilities, access management, landscaping infrastructure and roadway designs; coordinate public involvement activities; and review plans. CEI — Prepare scopes of services; attend pre -construction meetings; complete daily inspection reports; attend weekly construction meetings; and coordinate issues that occurred during construction. January 2004 - January 2005 1 Planning Technician RWA, Inc. I Naples, Florida Prepare planning applications; prepare language and supporting documents for mixed-use, residential and commercial planned unit developments; impact fee analysis; prepare profession service agreements; prepare presentations for the Environmental Advisory Council, Planning Commissioner and Board of County Commissioners; respond to sufficiency review comments from County staff; oversight of Land Development Code amendments; development of procedures manual; review site plans; prepare Comprehensive Plan amendments and supporting documents; interface with client, County staff and contractors; and coordinate neighborhood information meetings. June 2001 - January 2004 1 Planning Technician Collier County Board of County Commissioners & Metropolitan Planning Organization I Naples, Florida Coordination of various advisory committees and Board; drafting and preparing agendas and minutes; filing; preparation of the Unified Planning Work Program; preparation of the Transportation Improvement Program; preparation of the quarterly newsletter; annual update of the Public Involvement Plan and MPO Orientation and Reference Manual; represent the MPO at MPOAC, Lee TAC & SWPRPC meetings; preparation and distribution of annual calendar; attended and provided staff support to the Corridor Management Entity; solicited and coordinated various grant applications; completed the 5303 grant applications; completed quarterly progress reports; completed the first MPO certification following the MPO being named a transportation management area and received full certification; receive, route and tack all review of development projects within unincorporated Collier County; compile all transportation comments into a central database; aid in the development of section website; and aid in the development of the Disaster Preparedness Plan. March 1998 - June 2001 1 Manager Tim Shaw Insurance I Naples, Florida Responsible for direct supervision of 10 employees at 2 locations; lead agent for all personal and commercial lines insurance; responsible for day to day operations of 2 office locations; update and maintain account records for accounts payable and receivables and profit and loss. 0 U References Z F= • References available upon request. 11 Elly S.McKuen 10150Tronica I Drive,Bonita Springs FL34135 Cell: (239) 851-0397 emckuen.@gmail.com SUMMARY More than 30 years of government and private experience in federal, state and local grant development programs in Florida. Demonstrated expertise in the following operations and practice areas: • Experience in strategic planning, organizing and managing multi -discipline teams leading to effective/productive organizational decision making • Highly competent in analytical problem solving and management of financial oversight in all areas of planning, accounting and budgetary controls in the coordination of all related supporting software • Managed and facilitated various levels of staffing and project development budgets including non -profits, government (federal, state and local funding sources) and private sector community planning as high as $15 million • Strong written and verbal communication skills, particularly in dealing with the media and local government, as well as groups with diverse economic and social backgrounds PROFESSIONAL EXPERIENCE Collier County Government — Naples, Florida 4/2012—present Project Manager-Bayshore Gateway Triangle Community Redevelopment Agency Duties and Responsibilities., • Manages and monitors special redevelopment projects and programs • Coordinates public education activities relating to department projects, services, and activities • Develops press releases, public information materials, Request for Proposals, project budgets • Provides direction, guidance and assistance to contractors and consultants Senior Grant and Housing Coordinator -Community and Human Services Division Project Manager — Bayshore Gateway Triangle Community Redevelopment Agency Duties and Responsibilities: • Department lead for HUD funding life cycle (CDBG, HOME and ESG) plan development, implementation and reporting, as well as, other state and federal required grant management plans (SHIP, NSP, DR]) • Provided technical assistance for all state and federal grant applications and awards -- all aspects of eligible activities Including housing • Led staff coordinating grant application development with large teams of internal and external members • Led staff/expert in affordable housing activities to meet Growth Management and Land Development Code requirements • Advised on and shapes policy and oversees implementation of final requirements of affordable housing • Prepared Executive Summaries for Board of County Commissioner issues • Implemented/monitored Growth Management Plan specific goals, objectives and policies related to affordable housing • Represented the County on coalitions/steering and planning committees/workshops as they represent state and federal grant programs and local Issues Achievements: • No findings or concerns for the past 2 years for the HUD Annual Action Plan and the Consolidated Annual Performance Evaluation Report • Developed Housing Methodology Index to determine need for affordable housing approved by the Board of County Commissioners • Inventoried all Planned Unit Developments to track constructed and pending affordable housing units and created tracking mechanism for yearly collection of information • Developed Affordable Housing Density Bonus Impact Fee Deferment application template • Developed Affordable Housing Density Bonus Agreement—working with County Attorney, Growth Management and County staff Boys & Girls Club of Collier County - Naples, Florida Director of Grants/Foundations Duties/Responsibilities%Achlevements: 1/2010-12/2011 Supported President/CEO and Board of Directors to raise annual operating expenses ($4.0 million) of the non-profit organization • Secured project funding through federal, state and private grants ($1.0 million) McKuen Consulting - Cape Coral, Florida 6/2008-1/2010 President and Principal Planner Duties/Responsibilities/Achievements: • Project Planner for clients in planning, affordable housing developments, funding and management for municipal and state entities Dyer, Riddle, Mills and Precourt, Inc. (DRMP) Fort Myers, Florida 5/2006-1/2008 Planning Manager- Land Planning Division Duties and Responsibilities: • Managed statewide land development projects (commercial, neighborhood and housing) and marketed firms Planning Section to Increase staff from 1 to 4 planning staff City of Fort Myers, Fort Myers, Florida 5/2003-5/2006 Planning Manager- Community Development Department Duties and Responsibilities: • Managed 6 staff members administering real estate sales/purchases, city leases, historic preservation, downtown, neighborhood planning, workforce/affordable housing, negotiated development agreements • Implemented the HUD Community Development Block Grant Program Achievements: • Prepared local Neighborhood Development Plans and Land Development Codes Lee County Board of County Commissioners Fort Myers, Florida 5/1997-5/2003 Program Manager, Neighborhood Building Program - Human Services Department CRA Program Manager/Smart Growth Coordinator - Economic Development Department • Managed 4 staff to implement neighborhood programs using HUD Community Development Block Grant (CDBG) funds in 7 low income neighborhoods • Developed neighborhood plans, working with volunteer groups for 7 low income neighborhoods Achievements: • Implemented $9.2 million budget within S community redevelopment areas (CRA) for community based improvements • Coordinated 150 volunteers and 17 board members to identify potential Smart Growth Issues in Lee County City of Homestead, Homestead, Florida 5/1994-5/1997 Planning Manager- Community Development and Planning • Managed 20 staff of planning, economic development, community services and affordable housing ($15 million budget utilizing HUD—CDBG and HOME) • Project Manager for the City's Comprehensive Plan rewrite following Hurricane Andrew Education: Barry University, Miami, Florida — BS — Business Administration, 1996 University of South Florida, Tampa, FL— Economic Development Certification, 1999 Academy of Real Estate, Inc. —Real Estate Appraisal Certification, 2009 University of Michigan, Ross School of Business—Leadership Judgment Program, 2010 a Office of the County Manager u; Leo E. Ochs, Jr. 3299 Tamiami Trail East, Suite 202 •Naples Florida 34112-5746 • (239) 252-8383 • FAX: (239) 252-4010 March 1, 2017 Ms. Kimberley Grant, Director Collier County Community and Human Services 3339 Tamiami Trail East, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2017-2018 Grant Application Cycle Dear Ms. Grant and members of the RRC: I have read the Collier County Community and Human Services (CHS) application for FY2017- 2018 HUD funding. On behalf of the Transportation Planning Section within the Capital Project Planning, Impact Fees and Program Management Division, and as the duly authorized signatory for Transportation Planning Section of the Capital Project Planning, Impact Fees and Program Management Division, I agree to and accept the terms, specific limitations, and conditions expressed therein. The information contained in this proposal or any part thereof, including exhibits, schedules and other documents, delivered to the County are true, accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part, misrepresent or mislead the County as to any material facts. By signing below, the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and proposed accomplishments may be requested prior to final funding determinations. The County reserves the right to verify that the authorized signature above is authorized to bind the Applicant (on behalf of the Transportation Planning Section within the Capital Project Planning, Impact Fees and Program Management Division) and may require the Application to submit documentation verifying such authority. Sincerely, Leo E. Ochs, Jr. County Manager Covier County Growth Management Department Capital Project Planning, Impact Fees & Program Management Division STATE OF FLORIDA CERTIFICATE OF GOOD STANDING The Transportation Planning Section does not have, nor required to comply with a Certificate of Good Standing. It is a section within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 North Horsestroe Drve • Naples, Florida 34104.231252-2400 • www.colliergov.net RESOLUTION No. 17- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AUTHORIZING SUBMITTAL OF AN APPLICATION TO COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FOR A FY2017-2018 US HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT IN THE AMOUNT OF $160,444 TO FUND THE PETERS AVENUE SIDEWALK IMPROVEMENT PROJECT; IF AWARDED, AUTHORIZING THE BOARD CHAIRMAN TO EXECUTE A SUBRECIPIENT AGREEMENT AS APPROVED BY THE COUNTY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Transportation Planning Section within the Capital Project Planning, Impact Fees and Program Management Division of Collier County desires to apply for a $160,444 US Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) to fund a project within the East Naples Community; WHEREAS, if the grant is awarded, Transportation Planning Section staff will contribute the staff time to monitor the program and use of the Transportation Planning Section office space for public and professional meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: SECTION 1. Title. The grant program shall be known as the Collier County HUD CDBG — Peters Avenue Sidewalk Improvement Project. SECTION 2. Adoption and approval of the Collier County HUD CDBG — Peters Avenue Sidewalk Improvement Project Application. The CDBG Grant application is hereby approved for submission of the Grant application by the Board of County Commissioners. SECTION 3. Administration by Transportation Planning Section. The Board of County Commissioners delegates the administration of the grant program to the Transportation Planning Section staff to include, but not be limited to, application process and review, and monitoring grant progress. SECTION 4. Authorization of Agreement by Board of County Commissioners Chairman. If the grant is awarded, the Board of County Commissioners Chairman is authorized to execute a Subrecipient Agreement with Collier County as approved by the County Attorney. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 28th day of March, 2017. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Jennifer A. Belpedio N Assistant County Attorney Penny Taylor, CHAIRMAN Bayshore Gateway Triangle CRA .Bayshore Beautification MSTU Haldeman Creek MSTU March 1, 2017 Ms. Kimberley Grant, Director Collier County Community and Human Services 3339 Tamiami Trail East, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2017-2018 Grant Application Cycle Dear Ms. Grant and members of the RRC: I have read the Collier County Community and Human Services (CHS) application for FY2017- 2018 HUD funding. On behalf of Bayshore Gateway Triangle Community Redevelopment Agency, as the duly authorized signatory for Bayshore Gateway Triangle Community Redevelopment Agency, I agree to and accept the terms, specific limitations, and conditions expressed therein. The information contained in this proposal or any part thereof, including exhibits, schedules and other documents, delivered to the County are true, accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part, misrepresent or mislead the County as to any material facts. By signing below, the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and proposed accomplishments may be requested prior to final funding determinations. The County reserves the right to verify that the authorized signature above is authorized to bind the Applicant (on behalf of the Bayshore Gateway Triangle Community Redevelopment Agency) and may require the Application to submit documentation verifying such authority. Sincerely, Leo E. Ochs, Jr. County Manager March 1, 2017 Ms. Kimberley Grant, Director Collier County Community and Human Services 3339 Tamiami Trail East, Suite 211 Naples, FL 34112 RE: Request for Funding under the FY2017-2018 Grant Application Cycle Dear Ms. Grant and members of the RRC: I have read the Collier County Community and Human Services (CHS) application for FY2017- 2018 HUD funding. On behalf of the Transportation Planning Section within the Capital Project Planning, Impact Fees and Program Management Division, and as the duly authorized signatory for Transportation Planning Section of the Capital Project Planning, Impact Fees and Program Management Division, I agree to and accept the terms, specific limitations, and conditions expressed therein. The information contained in this proposal or any part thereof, including exhibits, schedules and other documents, delivered to the County are true, accurate and complete. This application includes all information necessary to ensure the statements therein do not, in whole or in part, misrepresent or mislead the County as to any material facts. By signing below, the undersigned acknowledges that he/she has read and understands the Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to comply fully with the provisions of those Certifications and will be able to comply with all additional applicable federal, state and local requirements, including procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less than the full amount applied for, additional documentation including a revised budget, scope of work and proposed accomplishments may be requested prior to final funding determinations. The County reserves the right to verify that the authorized signature above is authorized to bind the Applicant (on behalf of the Transportation Planning Section within the Capital Project Planning, Impact Fees and Program Management Division) and may require the Application to submit documentation verifying such authority. Sincerely, Leo E. Ochs, Jr. County Manager AFFIDAVIT OF COMPLIANCE WITH FEDERAL, STATE, LOCAL REGULATIONS The undersigned certifies that the information in this application is true and correct. The undersigned further certifies that they are aware that if Collier County CHS finds that the applicant or undersigned has engaged in fraudulent actions or intentionally misrepresented facts on this application, this application will be rejected and the applicant may be unable to participate in any program for three (3) fiscal years. In applying for CDBG/HOME/ESG funds, the applicant has read, understands and agrees to comply with all the provisions of all federal regulations issued thereto by the U.S. Department of Housing and Urban Development, state and local regulations and laws. 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 SUBRECIPIENTs Sub -recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (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." 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 Hours 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 HCDA are still applicable. 18. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations. 20. 24 CFR 85 - Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally recognized Indian Tribal 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 ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 25. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. 26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. 27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608, Subpart K. 28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.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 agrees to comply with the following Payments to the Subrecipient are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E -Cost Principles. For the purposes of this section, Subrecipient is defined as a described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E -Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR Subpart E -Cost Principles. If an 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. 32. 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, shall be subject to the provisions of CDBG including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. 33. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. 34. 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. 35. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 36. Any rule or regulation determined to be applicable by HUD. 37. Florida Statutes 713.20, Part 1, Construction Liens 38. Florida Statutes 119.021 Records Retention Organization Name: Collier County Capital Project Planning, Impact Fees and Program Management - Transportation Planning Section Name/Signature: _Leo E. Ochs, Jr. � C (Please Print) (Signature) Title: _County Manager Date: CERTIFICATION OF CDBG/HOME/ESG FUNDED CONSTRUCTION/REHABILITATION PROJECTS If the applicant anticipates using CDBG/HOME/ESG for 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. Copies of all permits must be attached to application. 2. The County shall not be obligated to pay any funds to the project prior to the completion of an environmental review of the project and said review is approved by any government agencies as may be required by law. 3. The Applicant will assure all wages paid to construction workers by its or its subcontractors are in compliance with federal, state and local labor requirements. The Applicant agrees to include in the construction bid specifications in connection with this agreement the applicable Federal Wage Determination assigned to this project by HUD. The applicant must also inform the contractor/subcontractors that they will be required to submit documents after a county conducted pre -construction conference and prior to construction. Weekly Davis Bacon reports must be submitted thereafter as required by the federal government. 4. The Applicant agrees to comply with and to assure that its subcontractors comply with the 2 CFR 200 for programs funded in whole or in part of CDBG/HOME funds. 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 2 CFR 200 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 Community and Human Services (CHS) 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. 11. 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. I, 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. Name of Organization: Capital Project Planning, Impact Fees and Program Management - Transportation Planning Section Name/Signature: _Leo E. Ochs, Jr._ (Please Print) (Signature) U �� Title: County Manager'�'C d" `� Date: _ CERTIFICATION FOR THE SUBRECIPIENT OR DEVELOPER OR VENDOR ENTITY CERTIFICATION FOR THE GRANTEE ENTITY Only one required per entity signed by an authorized representative REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON AGREEMENTS/SUB-AGREEMENTS 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). The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: [Note: The Definitions (1) will be tailored for the applicable grant program] (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and "vohmtarily 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 CPR (Code of Federal Regulations), Part 76. Contact Collier Community and Human Services or go to www.HUD.eov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant • The organization applying for grant funding is hereby certifying and will follow the below listed: 1. Each grantee of federal or state financial and non-financial assistance must sign this debarment certification at time of application. Independent auditors who audit federal or state programs regardless of the dollar amount are required to sign this certification form to include certification of debarment. Collier County Comrnunity and Human Services or its agreement grantee/contractors will not contract with subcontractors if they are debarred or suspended by the federal government. 2. Each entity applying for a grant from Collier County will assure all individuals and positions listed above complete and submit appropriate certifications. 3. The grantee shall provide immediate written notice to the grant coordinator at any time the grantee/contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The grantee 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. 5. The grantee 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. 6. The grantee may rely upon a certification by a subcontractor entity that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the grantee/contractor knows that the certification is erroneous. 7. The grantee 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 grantee 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. The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted principals and respective employees, within the last three years: (1) Has been debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from participation in contracting with Collier County Community and Human Services by any federal department or agency. Where the prospective grantee is unable to certify to any of the statements in this certification, such prospective grantee shall attach an explanation to this certification. (2) Has had a real or apparent conflict of interest (3) Has falsified documents (4) Has substantial non-compliance or non-conformance with performance under a grant with Collier County or any other entity Collier County Community and Human Services will rely on the certifications of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. Collier County Community and Human Services may rely upon a certification by a nonprofit organization that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting unless the department knows that the certification is erroneous. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements) and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: Capital Project Planning, Impact Fees and Program Management - Transportation Planning Section Signature of Authorized Individual Date 'y 0 )� i _Leo E. Ochs, Jr., County Manager `� Name and Title of Authorized Individual (Print or type) CERTIFICATION FOR THE DIRECTORS OF THE BOARD, EXECUTIVE DIRECTOR, EMPLOYEE OR SUPERVISOR One EACH for every director, the executive director, and each staff member proposed to be directly working on or overseeing a staff member directly working on the grant REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to establish application screening criteria for Collier County administered federal and state grants. The resolution specifies this list of interested parties refers to the following representatives of the grantee organization under any form of arrangement or agreement: Each Board of Directors member Officers of the Board Executive Director All employees and supervisors that will work on the grant Definitions: (1) The terms "debarred," "suspended," "ineligible," "person," "principal," and 'voluntarily excluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Community and Human Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. (2) The term substantial non-compliance or non-conformance as used in this certification includes: • Return of awarded grant funds on more than one occasion in the last three years • Non-compliance with a monitoring corrective action plan • Other substantial non-compliance or non-conformance of a grant The undersigned certifies, by signing this certification, that, within the last three years, they have not: 1. Been debarred, suspended, proposed for debarment, declared ineligible or voluntarily . excluded from participation in contracting with Collier County Community and Human Services by any federal department or agency. (Where the prospective individual is unable to certify to any of the statements in this certification, such individual shall attach an explanation to this certification.) 2. Had a real or apparent conflict of interest 3. Falsified documents 4. Had substantial non-compliance or non-conformance with performance tinder a grant with Collier County or any other entity The undersigned shall provide immediate written notice to the grantee at any time the undersigned learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Collier County Community and Human Services will rely on the certification of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government (via Section 1001 of Title 18 USC for making false statements) and Collier County may pursue available remedies, including suspension, debarment, grant award retraction, and/or suspension from applying for awards for three years under Resolution 2013-228. Name of Organization: Capital Project Planning, Impact Fees and Program Management - Transportation Planning Section _County Manager-'-_ Role of undersigned (Director, Executive Dire to • Employee [specify role], Supervisor [specify role] Signature Leo E. Ochs, Jr. Date Print or type name of signatory colk county Administrative Services Department Procurement Services Division ProceduresProcurement Standard.Operating (Based on Purchasing Ordinance 2013.69, Agenda Item 17J; Amended by Procurement Ordinance 2016-37 on June 23, 2016, Agenda Item 17E; Amended by Procurement Ordinance 2016-61, Agenda Item 17F) FY mm1&nSzsCFivi-Ml T.dh TO E.,l•N-Pe,, PROCUREMENT GUIDELINES INDEX INTRODUCTION................................................................................................................................. 3 SMALL PURCHASES ($3,000 OR LESS)..........................................................................................4 INFORMALCOMPETITION..........................................................................................................:.....6 FORMAL COMPETITIVE THRESHOLD (PURCHASES IN EXCESS OF $60,000) ............................ 6 COMPETITIVE BID PROCESS.........................................................................................................12 PROCUREMENT OF PROFESSIONAL SERVICES.........................................................................14 COMPETITVE PROPOSALS............................................................................................................16 PROCUREMENT OF DESIGN -BUILD CONTRACTS.......................................................................17 LOCAL VENDOR PREFERENCE.....................................................................................................18 PAYMENT OF INVOICES.................................................................................................................18 ADVANCED PAYMENT FOR GOODS AND SERVICES..................................................................20 STANDARDIZATION AND COOPERATIVE PURCHASING............................................................21 CONTRACT ADMINISTRATION.......................................................................................................22 UNAUTHORIZED PURCHASES....................................................................................................:..26 EXIGENT CIRCUMSTANCES, EMERGENCY PROCUREMENT AND BOARD ABSENCE.. ........... 26 PURCHASING CARD PROGRAM....................................................................................................26 2 Procurement Standard Operating Procedures Approved: 1/2012016 INTRODUCTION Procurement In Collier County Is governed by Board of County Commissioners' Purchasing Ordinance 2013-69, Agenda Item 17J; as amended by Procurement Ordinance 2015-37 on June 23, 2015, Agenda Item 17E; and as amended by Procurement Ordinance 2015-51 on September 22, 2015, Agenda Item 17F. The purpose for these guidelines is to provide the steps necessary to execute the Procurement Ordinance. These guidelines will ensure the fair and equitable treatment of all persons involved in public purchasing by the County, maximize the purchasing value of public funds In procurement, and provide safeguards for maintaining a procurement system of quality and integrity. These guidelines apply to the procurement of goods and services entered into by the County after the effective date of the Procurement Ordinance 2015-51. These guidelines apply to the expenditures of public funds by the Board of County Commissioners for public purchasing, irrespective of the source of the funds. Nothing within these guidelines will prevent the County from complying with the terms and conditions of any grant, gift or bequest that is otherwise consistent with law. These Procurement Guidelines may be updated, or modified for particular transactions, by the Director of Procurement Services. The County reserves the right to establish any one, or a combination of, these Industry practices for contracts or purchase orders: Lump Sum (Fixed Price): a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Generally speaking, these contracts are predictable and cost certain, easy to. administer for the County and the Contractor, and foster higher levels of collaboration, and account for more than fifty (50%) percent of public sector projects. Time and Materials: the County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Generally speaking, the County assumes the project risk, the administration is more time consuming, and the County pays for the labor efforts and materials used to complete the project, including changes due to unforeseen conditions. Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification required). 3 Procurement Standard Operating Procedures Approved: 1/20/2018 SMALL PURCHASES ($3,000 OR LESS) (Procurement Ordinance Section 7: Small Purchases) Thresholds have been set that determine the processes required for each purchase. Purchasing thresholds are identified as one of the following: 7:1 Purchases issued under contracts 7:2 Small Purchases of $3,000 or Less 7:3 Bilateral agreements 7:4 Prohibition against subdividing 7:1 Purchases Issued Under Board Approved Contracts Purchases associated with an existing contract may be made using a purchase order or purchasing card in accordance with the terms of the contract. The purchase may be approved by the Procurement Services Director for amounts limited only by the operating division's budget. Where multiple contracts exist for the same services, purchases will be distributed among the firms as approved by the Board or the Procurement Services Director. These purchases do not require additional Board approval. Non -contract purchases are goods or services not currently available on a Board or Procurement Services Director authorized contract. The Procurement Services Director may approve non -contract purchases up to the formal competitive bid threshold when justified and deemed in the best interests of the County. - The Procurement Services Director may add non -contract goods or services to an existing similar contract subject to the terms and conditions outlined in the existing contract and the Board's Procurement Ordinance Section 19 (C). 7:2 Small Purchases of $3,000 or Less Purchases that do not -exceed $3,000, with at least one price quote obtained, may be approved by the Procurement Services Director without informal or formal competition by means of a purchase order, or the division may use a purchasing card, if a formal agreement is not identified. Operating divisions will seek the best value for the purchase and will ensure that the purchase supports the mission of the division. 7:3 Bilateral Agreements For vendors who require a signed bilateral agreement, memorandum of understanding/agreement, or other similar binding document, the Procurement Services Division Staff will complete negotiations with the vendor and forward the document(s) to the County Attorney for final review and approval. The Procurement Services Director shall execute the agreement. An approved bilateral agreement may be approved by the Procurement Services Director as long as the cumulative annual expenses are not greater than the formal competitive threshold. 7:4 Prohibition Against Subdividing Purchasing Transactions Purchasing transactions must not intentionally be subdivided or split into smaller transactions to avoid the requirements of the Procurement Ordinance. The Procurement Services Director will periodically review purchase order transaction reports to ensure that operating divisions do not subdivide or split purchases to avoid the threshold limits. 4 Procurement Standard Operating Procedures Approved: V2OM% INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN $50,000) (Procurement Ordinance Section 8: Informal Competition) Thresholds have been set that determine the processes required for each purchase. Purchasing thresholds are identified as one of the following: 8:1 Purchases issued under fixed term or continuing contract 8:2 Informal solicitations greater than $3,000 but not greater than $50,000 8:3 Bilateral agreements 8:4 Waiver from competition 8:5 Prohibition against subdividing 871 Purchases Issued Under Board Approved Fixed Term or Continuing Contract Purchases associated with an existing contract may be made using a purchase order or purchasing card in accordance with the terms of the contract. The purchase may be approved by the Procurement Services Director for amounts limited only by the operating division's budget. Where multiple contracts exist for the same services, orders will be distributed among the firms as approved by the Board or the Procurement Services Director. These purchases do not require additional Board approval. Non -contract purchases are goods or services not currently available on a Board or Procurement Services Director authorized contract. The Procurement Services Director may approve non -contract purchases up to the formal competitive bid threshold when justified and deemed in the best interests of the County. The Procurement Services Director may add non -contract goods or services to an existing contract subject to the terms and conditions outlined in the existing contract and the Board's Procurement Ordinance Section 19 (C). Three (3) written quotes will be sought by operating staff for purchases exceeding $3,000 but not greater than $50,000. Operating divisions will seek the lowest quote (based on quote identified unit or total price), qualified (meets minimum standards for license, certification, years of experience, bonding capacity, insurance, etc.) and responsive (submits information requested, agrees to meet timeline, terms, and conditions, etc.) for the purchase and will ensure that purchases are valid and serve the best interest of the public. Where operating staff are unsuccessful in securing three (3) comparable quotes, the operating division will provide additional information to the Procurement Services Division staff. The Procurement Director Is responsible for: a) awarding all purchases, b) rejecting quotes and/or proposals as recommended by the Procurement Professionals, and c) approving all sole or single source purchases below the formal competitive threshold. An approved quote, for which the purchase is not greater than $50,000, is considered valid during the 12 month period starting from the date of the issuance of the purchase order. Purchases may be executed by the Procurement Services Director by means of a purchase order, or the division may use a purchasing card. 873 Bilateral Agreements s Procurement Standard Operating Procedures Approved: 1/20/2010 For vendors who require a signed bilateral agreement, memorandum of understanding, contract, etc. the Procurement Services Division Staff will complete negotiations with the vendor and forward to the County Attorney for final review and approval. The Procurement Services Director shall execute the agreement. An approved bilateral agreement may be approved by the Procurement Services Director as long as the cumulative annual expenses do not exceed'$50,000. 8:4 Waiver from Competition Competition may be waived by the Procurement Services Director as identified in Section 8 (13) of the Procurement Ordinance. 8:5 Prohibition Against Subdividing Purchasing transactions must not intentionally be subdivided or split into smaller transactions to avoid the requirements of the Procurement Ordinance. The Procurement Services Director will periodically review purchase order transaction reports to ensure that operating divisions do not subdivide or split purchases to avoid the threshold limits. FORMAL COMPETITIVE THRESHOLD (PURCHASES IN EXCESS OF $50,000) (Procurement Ordinance Section 9: Formal Competitive Threshold) Purchases generally fall into one of three categories: a) commodities, b) services, or c) professional services (under the Consultant's Competitive Negotiation Act and Auditor Selection Processes). Within each category of purchase, there are different considerations including: 9:1 Method of purchase 9:2 Responsibilities 9:3 Immigration validation 9:4 Solicitation process 9:5 Solicitation documentation 9:6 Selection process 9:7 Waiver / exemption from competition 9:8 Contractual documentation 9:9 Approvals In compliance with F.S. § 287.055, known as "The Consultants' Competitive Negotiation Act" or "CCNA", and the Auditor Selection Procedures (F.S. § 218.391), these professional services are competed under separate procedures . 9:1 Method Purchases over the formal competitive threshold will be procured as follows unless the purchase is governed by federal, state or other funding source guidelines. 1. Commodities: Purchase of goods over the formal competitive threshold are generally procured using a sealed bid. 2. Services: Purchase of services over the formal competitive threshold generally follows the request for proposal process, or similar methodology. 6 Procurement Standard Operating Procedures Approved: 1120/2016 3. Professional Services (includes the acquisition of professional CCNA architectural, engineering, landscape architectural or surveying and mapping services; and auditor services): Professional Services will be procured using a qualitative selection process that evaluates qualifications, competence, track record and availability. This professional service selection method will be utilized by the Procurement Services Director for a) a project that includes a fixed capital outlay study or planning activity which includes a grouping of minor construction, rehabilitation or renovation activities or a grouping of substantially similar construction, rehabilitation or renovation activities occur, b) a "continuing contract," and/or c) a design build project. 9:2 Responsibilities Subject to formal competition, the Board is responsible for; a) awarding all purchases, b) rejecting bids and/or proposals as recommended by the Procurement Services Director, c) approving all sole or single source purchases in excess of the formal competitive threshold and d) waiving irregularities. The division(s) project manager(s) is responsible for drafting and submitting the background, scope of service (which may include general contractor responsibilities, technical specifications, drawings, permit requirements, special instructions, liquidated damage amount, etc.) and cost criteria and/or qualifications to assist in the decision making process. The Procurement Services Director is responsible for; 1, Seeking competition; 2. Determining whether solicitations may be issued in one or more steps or concurrent with one or more firms; 3. Posting publicly the solicitation notice; 4. Sending solicitation notices to vendors that are registered in the vendor database; 5: Providing for solicitation documents to contain relevant local, state and federal requirements; 6. Approving and advertising any addendum to solicitation documents and making such available to prospective contractors/vendors; 7. Prescribing, when necessary, for solicitation deposits to be made and describing such requirement in the solicitation; 8. Recommending when solicitation bids and proposals should to be rejected; 9. Negotiating with the lowest responsive bidder if bid exceeds budgeted amount for purchase; 10. Negotiating with service vendors ranked most qualified; It Maintaining tools necessary for gathering past performance data, and consideration of that data prior to award of contract; 12. Suspending vendors from the vendor database for continual non -response to solicitations, violations of the Ordinance or procedures or inactivity in the electronic system; 13. Ensuring bids and proposals are publicly opened and witnessed at the time and place stated in the solicitation notice; 14. Tabulating all bids/proposals and maintaining for public inspection; 15. Facilitating the appointment of selection committees for review of requests for proposals; and 16. Reviewing and approving all recommendations for award of contracts. In preparing the solicitation document, the Procurement Services staff member, along with the project manager (s), may consider the following award criteria, or may identify other standards: 1. The ability, capacity and skill of the bidder/proposer to perform the contract, 2. The ability of the bidder/proposer 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/proposer, 4. The quality and performance of previous contracts awarded to the bidder/proposer, Procurement Standard Operating Procedures Approved: 1/20/2010 5. The previous and existing compliance by the bidder/proposer 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/proposer to provide future maintenance and service (where applicable), and, 3. Litigation history, references; criminal records; prior, pending or imminent claims or disputes with the County or other public agencies; as well as comparable relevant information as to the bidder's principals and affiliated entities. Prior to issuing the request for proposal, the Procurement Services Director will draft a memorandum for approval by the County Manager for the appointment of a selection committee to review the qualification submissions and/or proposals. Additional selection committee information will be available on the Procurement Services website, The contractor, vendor or consultant is responsible for: 1. Maintaining a profile in the online solicitation database; 2. Reviewing any solicitation addendum; 3. Responding in a timely manner outlined in the solicitation documents; 4. Identifying the solicitation number on the outside of sealed envelope if submitting a paper bid or proposal; 5. Complying with local, state, federal and grant requirements as identified in the solicitation; B. Publicly addressing the Board regarding a prospective purchase if requested to do so by the Procurement Services Director or by a majority vote of the Board; and, 7. Filing intent to protest terms and conditions, specifications, or recommended contract awards in a timely manner and as prescribed in the solicitation document and Procurement Ordinance. 9:3 Immigration Validation As authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the federal government requires companies to employ only individuals who may legally work in the United States — either U.S. citizens, or foreign citizens who have the necessary authorization. To ensure contractors, vendors or consultants comply with this requirement, Collier County requires that verification be provided to evidence that the contractors, vendors or consultants have in fact signed up for the U.S. Department of Homeland Security's E -Verify system and have ensured that employees and subcontractors meet the requirement. All formal solicitations for the purchase of services and professional services will include language advising prospective contractors, vendors or consultants that they must register to use the federal E - Verify system. Commercially "off the shelf' products (COTS) are typically goods sold in substantial quantities in the commercial marketplace and offered to the County in the same form or with minor modifications. Vendors on County contracts for COTS items may be exempt from the E -Verify registration. 9:4 Solicitation Process 1. Commodities: A notice inviting bids is required and will be publicly posted by the Procurement Services Director at least ten (10) calendar days before the deadline for receipt of bid responses. Construction bids with an estimate of $200,000 - $499,999 will be posted for twenty-one (21) calendar days; projects estimated at $500,000 or more will be posted at least thirty (30) days. a Procurement Standard Operating Procedures Approved: 1 /2 012 01 6 2. Services: A notice inviting proposals is required and will be publicly posted by the Procurement Services Director at least twenty one (21) calendar days before the deadline for receipt of proposals. 3. Professional Services: A request for proposal Is publicly announced and distributed by the Procurement Services Director at least twenty one (21) calendar days before the deadline for receipt of proposals. 9:5 Solicitation Documentation Solicitation documents will include description of commodities, services or professional services to be purchased, identify the evaluation procedures and criteria to be used, and if known, the historical spend from previous similar contracts, the anticipated spend if known or a general budget range. All solicitation documents will state where instructions and specifications are available for review and will state the time and place for opening. Notices may also be electronically sent to vendors who are registered In related commodities in the online vendor database. Solicitations may be conducted in one or more steps simultaneously or concurrent with multiple firms unless otherwise prohibited by applicable federal or state law or the terms of a grant program after review and approval by the Procurement Services Director. 9:6 Selection Process A tabulation of bids or a summary of proposals received will be made by the Procurement Services Director. Past performance data will be considered during the review. In the event that one or more vendor is recommended under the same solicitation, the method for distributing work under the resultant contract(s) will be identified in the executive summary and the contract(s). Methods for such distribution may include, but are not limited to: a) award specified scope/items to specified vendor(s); or b) award the work to a primary and secondary vendor(s); or c) for purchases exceeding $50,000, solicit quotes from all vendors under contract and award the work based upon the lowest, responsive quote; or d) rotate through all vendors awarded; or e) other methods as identified in the solicitation document, Executive Summary, and contract, or as approved by the Board. Local vendor preference, if applicable, will be considered and the right -to -match offer made, as identified in Section 15: Procedures to Provide Preference to Local Businesses in County Contracts, Commodities Award will be made to the lowest, qualified and responsive bidder unless there are other policies conflicting with this statement. In the event of a tie bid, the award will be given to the lowest tied bidder that can certify It has implemented a drug-free work place program subject to F.S. § 287.087. If all lowest tied bidders can provide such certification, the next step is to determine whether the bidders are considered a local business (Section 15: Procedure to Provide Preference to Local Businesses in County Contracts). If one (and only one) of the bidders is determined to be a local business, then award of contract will be made to that bidder. In the event that two or more local bidders or two non -local bidders are tied thereafter, award of contract will be made in accordance with a coin toss in the presence of both bidders. In the event that bids need to be rejected, the Procurement Services Director has the authority to issue a new solicitation prior to the formal rejection by the Board of the original bid offers. In the event that the Board elects to award the contract from the original solicitation offers or if the Board elects not to further pursue the purchase, the Procurement Services Director may cancel the new solicitation. If the lowest qualified responsive bid exceeds the budgeted amount'and/or cannot be funded in whole or in part by received grant dollars, the Procurement Services Director may negotiate with the bidder to attempt to bring the bid within budgeted limits unless prohibited by the source of funds. Refer to funding source guidelines to confirm. Any necessary negotiations and changes are to be. outlined the executive summary. g Procurement Standard Operating Procedures Approved: 1120/2016 Services Prior to the announcement and distribution of the Request for Proposals, a selection committee will be appointed by the County Manager, to evaluate the proposals received. The Procurement Services Director will distribute proposals to the selection committee to evaluate the proposals and to determine the best overall proposer meeting the minimum published requirements. The selection committee will review, score and rank the proposals in accordance with the procedures and selection criteria identified in the solicitation document. Upon completion of the selection process, the Procurement Services Director will post the results of the selection process on the Procurement Services Division Internet site. In the event that proposals need to be rejected, the Procurement Services Director may issue a new solicitation prior to the formal rejection by the Board of the original solicitation proposals. In the event that the Board elects to award the contract from the original proposals or if the Board elects not to further pursue the purchase, the Procurement Services Director may cancel the new solicitation. If the best overall proposer meeting the minimum published requirements exceeds the budgeted amount and/or the services cannot be funded in whole or in part by grant dollars, the Procurement Services Director may negotiate with the proposer to attempt to bring the proposal within budgeted limits unless prohibited by the source of funds. Any necessary negotiations and changes are to be outlined in the executive summary. 3. Professional Services Prior to the announcement and distribution of the Request for Proposals, a selection committee will be appointed by the County Manager to evaluate the proposals received. A summary of all proposals will be made by the Procurement Services Director. The selection committee will review statements of qualifications and performance data submitted In response to the solicitation and will select, in order of preference, no fewer than three firms deemed to be the most qualified, if at least three firms respond to the solicitation. If less than three firms respond, and after meeting due diligence, it Is decided by the Procurement Services Director that every effort was made to comply with the requirements of F.S. § 287.055 or F.S. § 218.391, the operating division will proceed with the recommended ranking of the proposers to Board. Following the Board's approval of the rankings, the Procurement Services Director will commence negotiations with the firm ranked as most qualified. During such negotiations, the project scope, services and compensation will be defined. If discussions do not result in an agreed upon contract, negotiations will end with the proposer and begin with the proposer ranked second by the selection committee. If negotiations with second -ranked proposer fail, they will begin with the next ranked proposer. 9:7 Waiver / Exemption from Competition Purchases of commodities or services from a single or sole source may be exempted from formal competition after review by the Procurement Services Director and approval by the Board. The following purchases may have the requirement for competition waived: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials, periodicals, printed library cards, or other statutorily authorized exceptions. 2. Sole source purchases or single source purchases. 3. Valid public emergencies (pursuant to Section 25 of the Ordinance). 16 Procurement standard Operating Procedures Approved: 1/2012016 4. Where it is determined to be in the best interests of the County to do so Justification for a waiver may include a) public health or safety emergency; b) item(s) is the only one (proprietary) available that can properly perform the intended function(s); c) the recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements; and/or d) it is determined to be in the best interests of the County. The County may determine it Is in their best interest to waive competition due to an economic condition such as: responsible economic procurement relieves the County of potential additional expenses that would result from not making. the purchase; use of another supplier would result in incompatibility or lack of standardization with existing conditions; use of another supplier would require considerable training, time and money to evaluate; the goods or services are being used in ongoing long-term projects; and/or the product or service offered is at a substantial discount below current market conditions and price structures. 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. The operating division will prepare an executive summary, complete a waiver / exemption form and compile supporting documentation and rationale and forward to the Procurement Services Director for review. Once reviewed and approved by the Procurement Services Director, the operating division may request Board approval at the next available agenda. Additional information is available on the Procurement Services Division website. 9:8 Contractual Documentation 1. Commodities: Contractual documentation may be either a Collier County purchase order or a formal contract when there are additional terms and/or conditions required as a part of the purchase(s). Regardless of the instrument used, the document has a binding effect upon the County. 2. Services: Contractual documentation may be either a Collier County purchase order or a formal contract when there are additional terms and/or conditions required as a part of the purchase(s). Regardless of the instrument used, the document has a binding effect upon the County. 3. Professional Services: Contractual documentation may be created in the form of a) a fixed term contract, b) a continuing contract, or c) a bilateral contract. For each form of contract, subsequent purchase orders and/or work orders may be authorized by the Procurement Services Director in accordance with the terms of the contract. The County may award a contract in accordance with F.S. § 287.055, if the firm provides professional services to the county for projects In which the estimated construction cost of each Individual project under the contract does not exceed $2 million; for study activity if the fee for professional services for each individual study under the contract does not exceed $200,000; or for work of a specified nature as outlined in the contract required by the County. In such cases, the contract will be either for a set term or with no time limitation provided that the contract includes a termination clause. 11 Procurement Standard Operating Procedures Approved: 1120/2016 i All contracts issued under this section will be eligible for extension or renewal in accordance with the provisions of the contract (see Section 19). Regardless of the instrument used, the document has a binding effect upon the County. 9:9 Approvals The final award will be made by the Board of County Commissioners. Prior to award, the Board may consider: a) the ability, capacity and skill of the bidder/proposer to perform the contract, b) the ability of the bidder/proposer to perform the contract within the time required or the least time; if appropriate, without delay or interference, c) the experience and efficiency of the bidder/proposer, d) the quality and performance of previous contracts awarded to the bidder/proposer, e) the previous and existing compliance by the bidder/proposer with laws and ordinances relating to the contract, f) the quality, availability and adaptability of the commodities or contractual services to the particular use required, g) the ability of the bidder/proposer to provide future maintenance and service (where applicable) and h) litigation history, references; criminal records; prior, pending or imminent claims or disputes with the County or other public agencies; as well as comparable relevant information as to the bidder's principals and affiliated entities. All recommendations for awards will be reviewed and approved by the Procurement Services Director prior to presentation to the Board of County Commissioners. Bidders/proposers competing for a prospective 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 Procurement Services Director or by a majority vote of the Board. COMPETITIVE BID PROCESS (Procurement Ordinance Section 10: Competitive Bid Process) A. Notice Inviting Bids: Announcement: Notice inviting bids shall be publicly posted by the Procurement Services Division in a consistent public location at least ten (10) days preceding the last day established for the receipt of bid proposals. Specific projects or grants may require longer posting periods, in those instances the specific requirements would be used. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Procurement Services Director. 2. Scope of Notice: The public notice required shall include a general description of the commodities/services to be purchased or sold, the bid instructions and specifications, and the time and place for opening bids. 3. Bidders' List: The Procurement Services Director shall also solicit sealed bids from qualified prospective vendors/contractors who have registered their names on the Collier County Procurement Services Division vendor database, which will electronically send them a notice of the proposed purchase or sale. Notices sent to the vendors/contractors on the Collier County Procurement Services Division 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 company information profiles In the database to ensure proper notifications are received. Vendors/contractors may V Procurement Standard Operating Procedures Approved: 112012016 be suspended from the database by the Procurement Services Director for continual non -response to formal solicitations and violations of the Procurement Ordinance. The Procurement Services Director may continue to issue formal solicitations and accept formal bids, proposals and other tenders using paper where appropriate. 4. Bid Deposits: When deemed necessary by the Procurement Services Director, bid deposits shall be prescribed in the public bid notices. Said deposits shall be In the amount equal to five percent of the bid offer submitted unless a greater amount is required. The Procurement Services Director shall have the authority to return the deposits of all bidders upon award and approval of the contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Procurement Services 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 Procurement Services Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Procurement Services Division shall be responsible for assuring that addenda are available on the on-line bidding website and that all prospective bidders who'have downloaded specifications are notified of the addendum prior to opening of bids. B. Procedure for Bids: Sealed Bids: Sealed bids shall be submitted manually or electronically to the Procurement Services Director. 2. O enin : Bids shall be opened publicly at the time and place stated in the public notices and shall be opened and witnessed by the Procurement Services Division. 3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by the Procurement Services Division and shall be available for public inspection pursuant to F.S. § 119.07. C. Tie Bids: Where there are low tie bids, the award process shall first be subject to F.S. § 287.087. In the event that all of the tied bidders comply with F.S. § 287.087, the Procurement Services Division shall determine if any of the bidders would be considered a local business as defined under Section 15 of this Procurement Ordinance. If one (and only one) of the bidders is determined to be a local business, then award of contract shall be made to that bidder. In the event that two or more local bidders are tied thereafter, award of contract shall be made in accordance with Section 15(2)(b) of this Procurement Ordinance. D. Rejection of Bids and Negotiation: The Board of County Commissioners shall have the authority to reject any and all bids. 2. Subsequent to applying the procedures set forth under Section 15(2)(b) (where applicable), If the lowest, responsive bid exceeds the budgeted amount and, if the purchase is not funded in whole or in part with interagency grant dollars, the 13 Procurement Standard Operating Procedures Approved: 1120/2016 Procurement ServicesDirectormay 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 Procurement Services 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 Procurement Services Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. E. Waiver of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids within lawful guidelines. F. Award of Contract: The Chair or Vice Chair in the Chair's absence, when authorized by majority vote of the Board, shall execute formal contracts having a binding effect upon the County. A formal contract shall be awarded by the Board of County Commissioners to the lowest, qualified responsive bidder. In addition to price the following may be considered: The ability, capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least time, if appropriate, without delay or interference. 3. The experience and efficiency of the bidder. 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the proposed contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). 8. Prior litigation or administrative proceedings against the County where the bidder or the bidder's principal was a party. 9. Prior litigation or administrative proceedings involving the bidder or bidder's principal. All recommendations for award for contracts will be reviewed and approved by the Procurement Services Director prior to presentation to the Board of County Commissioners. PROCUREMENT OF PROFESSIONAL SERVICES (Procurement Ordinance Section 11: Procurement of Professional Services) A. Consultants' Competitive Negotiation Act. 14 Procurement Standard Operating Procedures Approved: 1/2012016 i 1. Contracts for professional architectural, engineering, landscape architectural or surveying and mapping services shall be procured in accordance with F.S. § 287.055, referred to as the Consultants' Competitive Negotiation Act (CCNA). j 2. Continuing contract. The County is authorized to enter into a continuing contract for CCNA services in accordance with the CCNA, whereby the firm provides professional services to the County for projects In which construction costs do not exceed $2,000,000.00, for study activity if the fee for each individual study under the contract does not exceed $200,000.00; or for work of a specified nature as outlined in.the contract required by the County, with the contract being for a fixed term or with no time limitation, except that the contract must provide a termination clause. 3. Ranking of firms. The County, through the competitive proposal process, shall make a finding that the firm or individual to be employed is duly qualified to render the required service. The evaluation committee shall review statements of qualifications and performance data submitted in response to the public solicitation and shall select, In order of preference, no fewer than three firms deemed to be the most highly qualified, if at least three firms respond to the solicitation. If less than three firms respond, and after meeting due diligence, it is decided by the Procurement Services Director that every effort was made to comply with CCNA requirements, the County will conduct discussions with, and may require public presentations by, the responding firms regarding their qualifications, approach to the project and ability to furnish the required services. 4. Evaluation criteria. Pursuant to the CCNA, the evaluation criteria for ranking shall include factors such as: ability of firm and its professional personnel; firm experience with projects of a similar size and type; firm's willingness and ability to meet the schedule and budget requirements; volume of work previously awarded by the county; effect of the firms recent/current and projected workload; minority business status; location; past performance and when required, the public presentation. For continuing,contracts, ranking and award shall be based on the criteria identified in the RFP document. For non -continuing contracts or project specific contracts, public presentation maybe required. 5. Public presentation. The evaluation criteria for public presentation shall include factors such as the firm's understanding of the project, ability to provide required services within the schedule and budget, qualifications and approach to the project. 6. Contract negotiations. The ranking of firms for all CCNA contracts shall be presented to the Board of County Commissioners for consideration and approval. Upon Board approval of firm rankings, staff shall negotiate a contract with the most qualified firm (number one ranked firm) for professional services for compensation which is deemed to be fair and reasonable. Detailed discussions must be held by the firm and the County to establish the scope of the project and the exact services to be performed by the firm. Should the County and the firm fail to agree upon the terms of an acceptable contract, negotiations with the top firm shall be terminated and negotiations with the second ranked firm shall commence. If again unsuccessful, the process is repeated with the next ranked firm. This process is continued until a mutually agreeable contract is concluded or the project is abandoned, or the procurement process is otherwise terminated. B. Other Professional Services. Because differences in price may only be a minor concern compared to qualitative considerations, professional services that fall outside the scope of the CCNA 15 Procurement Standard Operating Procedures Approved: 1/2012016 except as otherwise provided by law and outlined below, may be exempted by the Procurement Services Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation as set forth immediately above; or 2. Competitive Proposals (pursuant to Section 12). 3. In addition to the definition set forth in the CCNA, a professional service shall be defined as assistance obtained in support of County operations from an independent contractor in one or more of the following professional fields: a. Appraisal Services - real and personal property appraisers. b. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per F.S. § 11.45). C. Consultants - planning, management, technological or scientific advisors. d. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. e. Legal Services - attorneys and legal professionals, f. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. 4. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. 5. Requests for outside legal services will be consistent with both this Procurement Ordinance and the County Attorney's Ordinance (Ord. No. 2013-34). The retention of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this Procurement Ordinance, and must first be approved by the Board. COMPETITVE PROPOSALS (Procurement Ordinance Section 92: Competitive Proposals) A, The Competitive Proposals process is a method of contract selection that may be utilized by the Procurement Services Director under circumstances where one or more of the following conditions exist: 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. 16 Procurement Standard Operating Procedures Approved: 112 012 01 6 3. Where the County is incapable of specifically defining the scope of work for which the cominodity(s) or service(s) is required and where the vendor is asked to propose a commodity(s) or service(s) to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). B. For purchases in excess of the formal competitive.threshold and where appropriate or required by law, the competitive solicitation process will be utilized. The process will be conducted in a manner similar to the sealed bid process as set forth under Section 10 except where otherwise stated in this section. The competitive proposals process shall proceed as follows: 1. A Request for Proposals (RFP) will be prepared and distributed. Notice of said request(s) shall be publicly posted by the Procurement Services Division at least 21 calendar days preceding the last day established for the receipt of proposals. 2. Each Request for Proposals shall identify the evaluation procedures and criteria to be applied to the selection. of the best proposal among the respondents. Each RFP pertaining to the award of a design/build contract(s) shall be subject to the requirements of F.S. § 287.055 and Section13 below. 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Procurement Services Director, Unless otherwise prohibited by law, the Procurement Services Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. PROCUREMENT OF DESIGN -BUILD CONTRACTS (Procurement Ordinance Section 13: Procurement of Design Build Contracts) A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a design -build firm selected in a manner permitted under F.S. § 287.055 and the procedures set forth in this section. B. Upon completion of the Design Criteria Package, the procurement of Design/Build services shall be processed in a manner consistent with Section 12 hereof entitled "Competitive Proposals.". C. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using Agency to negotiate an agreement for Board approval with the best qualified design -build firm available at that time. 17 Procurement Standard Operating Procedures Approved: 1/2012016 LOCAL VENDOR PREFERENCE (Procurement Ordinance Section 15: Local Vendor Preference) Compliance with local, state and federal laws as well as the requirements of funding sources is the responsibility of the operating division receiving the grant award. For the procurement of goods or services less than the formal competitive threshold, the operating division will make an effort to solicit one, or more, quotes from local vendors, if available. Due to the multiple funding streams applied to many construction projects and the attendant administrative burden of determining on an individual project basis whether 50 percent or more of cost will be paid from state -appropriated funds, staff have removed local vendor preference language from construction solicitations in order to insure compliance with the Florida Statute. PAYMENT OF INVOICES (Procurement Ordinance Section 16: Payment of Invoices) Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the Collier County Procurement Manual, the payment procedures include: 16:1 Credit card payments 16:2 Goods and non -construction services 16:3 Construction services 16.4 Annual report to the Board 16.5 Payable Report 16:6 Expenditure Report 16:1 Credit Card Payments Unless specified otherwise in the contract documents, payments are made in accordance with the Local Government Prompt Payment Act, F.S. § 218, or as provided for in the Board approved contract, to the County's credit card financial institution. Operating divisions who utilize the County's credit cards will be expected to review transactions, research purchase background, attach documentation and reconcile transactions per the County's CMA 5808 Purchasing Card Program and Procedure. 16:2 Goods and Non -construction Services Unless specified otherwise in the solicitation and contract documents, payments are made in accordance with the Local Government Prompt Payment Act, F.S. § 218. In order to expedite payment, the County recommends that vendor invoices Include: • Purchase Order Number. • Description and quantities of the goods or services provided per instructions on the County's purchase order or contract. Payment methods include: Traditional — payment by check, wire transfer or other cash equivalent. is Procurement standard Operating Procedures Approved: 9120/2016 i Standard — payment by purchasing card. Collier County's Purchasing Card Program is supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, Is cognizant of the Rules for VISA Merchants and MasterCard Merchant Rules. Upon delivery of the goods and/or completion of the services by the vendor, operating divisions acknowledge receipt in the County's financial system. Invoices will be submitted to the Clerk of the Courts Finance Division by the vendor. Collier County reserves the right to withhold and/or reduce an amount of any payment for goods not received, work not performed, or for unsatisfactory performance of contractual requirements. The following invoice documentation will be requested for: Lump Sum (Fixed Price): The invoice identifies a firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. Time and Materials: The invoices as a general business practice, includes back-up documentation of the number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. Unit Price: The Invoice identifies the unit price and the number of units received (no contractor inventory or cost verification required). Invoices will electronically workflow to the operating division who initiated the purchase order. To ensure compliance with prompt pay laws, operating divisions will process and / or approve valid invoices for goods and services for payment as quickly as possible. After review and approval by the operating division, the invoice will be pre -audited by the Clerk of Courts for determination of legality of expenditure. The legality of expenditure includes that the funds are spent for a public purpose, that the funds are spent in conformity with county procurement procedures or statutory bidding procedures, and, that the expenditure does not overspend the budget as finally adopted and recorded in the Office of the Clerk of Courts. In order to support the local vendor community and in compliance with the Fla. Stat. § 218.70, otherwise known as the "Local Government Prompt Payment Act", the County established payment terms as "net immediate, unless otherwise determined by Florida Statute." "Net immediate" is defined as the successful completion of the receipt of products or services by the operating division, a compliant pre -audit determination and approval by the Board as per Section 16 of the Procurement Ordinance (Payment of Invoices). Payments will be made for goods and/or services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non- payment under the legal doctrine of "laches" as untimely submitted. Time is of the essence with respect to submission of invoices. In instances where the successful contractor may owe debts (including, but not limited to taxes or other fees) to Collier County, and the contractor has not satisfied nor made arrangement to satisfy these debts, the County reserves the right to off -set the amount owed to the County by applying the 19 Procurement Standard Operating Procedures Approved: 1/20/2016 amount owed to the vendor or contractor for services performed or for materials delivered in association with a contract. 16:3 Construction Services The contractor will submit progress payment invoices, as outlined in the construction document(s), to the County's project manager (or designee). After the date of each Application for Payment is stamped as received and within the timeframes set forth in F.S. § 218.735, the project manager, or designee will: (1) Indicate approval of the requested payment; (2) indicate approval of only a portion of the requested payment, stating in writing reasons therefore; or (3) return the Application for Payment to the Contractor Indicating, in writing, the reason for refusing to approve payment. Payments of proper invoices in the amounts approved will be processed and paid in accordance with F.S. § 218.735. The County's project manager will review and validate all documentation. 16:4 Annual Report to the Board Each December, the Procurement Services Director and the Clerk of the Courts Finance Director will prepare an executive summary and submit a report to the Board listing the number and total dollar amount of interest penalty payments made during the preceding fiscal year. 16:5 Payable Report to the Board Prior to payment, the Clerk of Court, or other Board approved payment official, will regularly present all outstanding invoice payable transactions to the Board. That payment official should prepare an executive summary which requests that the Board approve the payment with a finding that such payable serves a valid purpose. The report will minimally include the following detall for each transaction, including purchasing card transactions: record number, vendor name, division name, purchase order or purchasing card transaction number, invoice number and receipt date, purpose, and If purchasing card, merchant name who provided the service. 16:6 Expenditure Report The Clerk of Court, or other Board approved payment official, will regularly present all expenditures to the Board. That payment official should prepare an executive summary which requests that the Board approve the expenditure report prepared in accordance with F.S. §136.06 and is to be recorded into the Board's Minutes. ADVANCED PAYMENT FOR GOODS AND SERVICES (Procurement Ordinance Section IT Advanced Payment) As provided for In the Procurement Ordinance, F.S. § 28.235, and adopted by the State's Chief Financial Officer's adopted procedures, advanced payments are approved and authorized for dues and membership, insurance, maintenance agreements, subscriptions, travel arrangements, and postage. Advanced payments may be made for all other goods and services if approved in advance by the County Manager or designee up to Section 9: Formal Competitive Threshold; the Board may review and approve requests for advanced payment above the formal competitive threshold. The criteria for approval may include: • Advance payment will result in a savings to the County, and/or, 20 Procurement Standard Operating Procedures Approved: 712012010 o The goods or services are essential to the operation of the County and are available only if advance payment is made. Requests for advance payment approval must include information indicating that the payment meets one of the above criteria and that the division has complied with the applicable procurement requirements. STANDARDIZATION AND COOPERATIVE PURCHASING (Procurement Ordinance Section 1&.8tandardization, Cooperative Purchasing Organizations and Governmental Contracts) To secure purchases efficiently and economically, the Procurement Services Director will evaluate whether a purchase may be made by using a State of Florida or Federal GSA competitively bid or negotiated contract, a competitively solicited cooperative contract or a pre-existing competitive contract from another unit of government. The Procurement Services Director will verify that such cooperation will result in a fiscally competitive event and create process efficiencies in the best interest of the County. On an annual basis, the Procurement Services Director will create an executive summary for Board approval for the use of competitive purchasing cooperative organizations and government contracts. Operating divisions may use these contracts with no additional Board approval provided there are funds available in the operating division's budget. For purchases made using Board approved cooperative or government contracts, a requisition is entered referencing the Board approved Executive Summary and any supporting quote or contract documentation by the operating division. As long as there is sufficient documentation, no additional action will be required. Use of cooperative or governmental contracts which have not been Board approved that are within the informal competitive threshold must be approved in advance by the Procurement Services Director. Attachments to the requisition may include Cooperative Governmental / Consortium Agreement form, quote information, bid tabulation or selection scoring/ranking, prices, contract, etc. Purchases using cooperative or governmental contracts which have not. been Board approved that exceed the formal competitive threshold will be submitted to the Board on an executive summary prepared by the operating division. In authorizing all such purchases under pre-existing agreements, the Procurement Services Director will determine if a) the solicitation, terms and conditions of the purchase were competitive in the market and favorable to the County, b) the existing contract was publicly competed, procured by another public entity, or procured by a recognized public cooperative purchasing entity using a procedure substantially similar to those of Collier County, c) the existing contract is active at the time of order, d) the products and/or scope of services offered to the County are substantially similar to that in the existing contract, and e) where applicable, certificates of insurance and/or contract -related bonds have been obtained in accordance with prevailing County standards and state statutes. The Procurement Services Director may add non -contract goods or services to an existing similar contract subject to the terms and conditions outlined in the existing contract and the Board's Procurement Ordinance Section 19 (C). z1 Procurement Standard Operating Procedures Approved: 1/20/2010 i CONTRACT ADMINISTRATION (Procurement Ordinance Section 19.: Contract Administration) A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include, but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased. 2. A provision specifying the criteria and the final date, or number of days, by which such criteria must be met for completion of the work. 3. A provision specifying the terms of cancellation by the County and where applicable, a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. 5. A provision requiring the contractor/vendor to inform the County if he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. Except as otherwise provided in this Procurement Ordinance, the Procurement Services Director shall determine the circumstances under which a Board approved purchase order (and all documents included by reference) shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the requesting divisions. C. Contracts: Notices that terminate in its entirety a Board -approved purchase or contract must be approved by the Board of County Commissioners prior to its termination. 1. Modifications to Work Orders, Change Orders, and Amendments issued under a purchase order or contract that exceed ten (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days must be approved by the Board. 2. Modifications to Work Orders, Change Orders, and Amendments Issued under a purchase order or contract that do not exceed ten (10%) of the current Board approved aggregate amount, or twenty percent (20%) of the current Board approved number of days will be reported on the Procurement Services Administrative Ratification Report and presented to the Board for approval. 3. Modifications to Board approved purchases or contracts by the issuances of the following, but not limited to, direct material purchases, notices to proceed or non-compliance, stop work notices, authorization for the use of approved allowances and reallocation of funds between line items, supplemental agreements, and changes by letter may be authorized and executed by the Procurement Services Director without further approval by the Board. 22 Procurement Standard Operating Procedures Approved: 1/20/2016 4. All material changes In scope of contracts must be approved by the Board in advance. "Materiality: is defined as: 1) a significant change in the magnitude of work to be performed; 2) a change designed to,procure a totally different Item or drastically alter the quality, character, nature or type of work contemplated; and 3) whether the cost of the work ordered greatly exceeds the original contract cost. All. non -material changes may be added be added by the Procurement Services Director. S. Sections C.1 through C.3 shall not be applicable to fixed term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity by the amount of funds appropriated in the budget of the operating division(s), Such purchases shall be subject to all other provisions of this Procurement Ordinance. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. D. Contract Extension: Extension(s) of a Board -approved contract for commodities or non - construction services may be requested by the contract manager to the Procurement 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 contract, if the extension period is provided for in the Board approved contract. The Procurement Services Director shall have the authority to authorize and execute all such extensions, which must be issued prior to the expiration of the contract. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. E. Contract Renewal: The Procurement Services Director shall authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 1. That the Contractor has performed in a satisfactory manner and that the Procurement Services Director has received a request to renew from the Contractor or Project Manager verifying the Contractor's satisfactory performance. 2. That the Board -approved contract pursuant to Section 9 Formal Competitive Threshold, provided for a renewal and is renewed subject to the terms and conditions set forth in the initial contract. Cost and term modifications are addressed In the original solicitation document and/or resultant contract. 3. That the renewal is done for a set period of time identified in the solicitation document and/or contract, commencing at the end of the contract period. 4. That a contract under the formal competitive threshold with multiple renewal year option terms may be approved annually by the Procurement Services Director. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All contracts for commodities and services exceeding Section 9: Formal Competitive Threshold shall be authorized by the Board of County Commissioners. Once approved, subsequent purchase orders referencing those Board approved contracts may be issued by the Procurement Services Director. 23 Procurement Standard Operating Procedures Approved: 1/20/2010 Contracts below Section 9: Formal Competitive Threshold shall be subject to the review and approval by the County Attorney staff and signed by the Procurement Services Director. Purchase orders may be issued by the Procurement Services Director. G. Work Orders: The Procurement Services Director may execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in the Board approved term contract for services under which the work order is generated. Work orders must be in sufficient detail to audit according to the approved contract. H. Consent to Assignments of Contract: For all Board approved contracts, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. I. Authority Limitation and Delegation Promulgation of Procedures: The Procurement Services Director may delegate to one or more Procurement Services Division employees any or all aspects of the authority vested in the Procurement Services Director. All authority to execute documents that is vested pursuant to this Section 19 in the Procurement Services Director or any other person shall be subject to the limits of any applicable federal, state or other law. J. Payments to Contractors, Vendors and Consultants: Prior to the execution of a formal contract subject to this Procurement Ordinance, the Procurement Services Director shall establish a formal payment schedule and payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents, In accordance with F.S. § 218.735(8), the Procurement Services Director may establish, subject to Board approval, procedures to reduce to 5% the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Procurement Services Director may establish, in writing, a schedule(s) to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted and according to law. Recommendation to reduce the percentage of cumulative retainage shall be subject to the following: 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 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 Procurement Services Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. 24 Procurement Standard Operating Procedures Approved: 1120/2016 K. The Procurement Services Director may authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: i 1. The contractor has performed in a satisfactory manner to date as verified in writing by the Project Manager. 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). I i 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. j UNAUTHORIZED PURCHASES (Procurement Ordinance Section 21: Unauthorized Purchases) County employees and officers are expected to ensure they do not intentionally make a purchase of commodities or services or execute a contract for commodities or services in conflict with the Procurement Ordinance. 21:1 Purchases made contrary to policy 21:2 Rectifying violations 21:3 Consequences for violations 21'1 Purchases Made Contrary to Ordinance Any purchase or contract made contrary to or in violation of the Procurement Ordinance may not be valid and may not be approved, therefore not binding the County in any way. 21'2 Rectifying Violations When a purchase transaction is found to be in violation of the Procurement Ordinance, the Procurement Services Director will consider the facts pertaining to the transaction, and in consultation with the operating division director, will determine whether it is in the best interests of the County to proceed with the purchase. If a determination is made to proceed with the purchase, the purchase will be evaluated based on purchasing thresholds. The Procurement Services Director may approve the purchase if value is less than Section 9: Formal Competitive Threshold. If the purchase value exceeds the formal competitive threshold, the operating division director will create an executive suer mart' for final Board review and approval. 21:3 Consequences for Violations All employees making purchases in violation of the Procurement Ordinance are subject to the provisions of CMA 5311.1 - 2 Standards of Conduct, failure or refusal to abide by the administrative procedures or business operations procedures set forth in the Human Resources Practices and Procedures which may lead to disciplinary action up to and Including discharge. 25 Procurement Standard Operating Procedures Approved: 1/20/2016 EXIGENT CIRCUMSTANCES, EMERGENCY PROCUREMENT AND BOARD ABSENCE (Procurement Ordinance Section 25: Exigent Circumstances, Emergency Procurement and Board Absence) In case of an exigent circumstance, which is defined as any circumstance requiring immediate action or attention, a valid public emergency, or during the Board's extended recess session(s) (all efforts should be made to obtain Board approval prior to anticipated recesses) whereby a purchase Is necessary, the County Manager shall authorize the Procurement Services Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to take actions Including, but not limited to the issuance of contracts, change orders, and/or supplemental agreements. Any action shall be reported at the first available meeting of the Board of County Commissioners. The County Manager under the same consultations noted above shall further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. These payments shall be reported at the first available meeting of the Board. This section in no way constrains the provisions of Collier County's Civil Emergency ordinances or powers and authority pursuant to F. S. § 262, Emergency Management. PURCHASING CARD PROGRAM (Procurement Ordinance Section 27: Purchasing Card Program) (Also refer to CMA #5808) The Procurement Services Director shall be responsible for the overall management and operation of the County's purchasing card program in conformance with the Collier County Administrative Practices and Procedures Manual. For the purpose of this Procurement Ordinance, a purchasing card Is a credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Procurement Services Director shall be authorized to assign cards to employees for these purchases. The Procurement Services Director shall be responsible for establishing the following dollar limits for each assigned card: A. Single Transaction Limit: Not to exceed $1,000.00 per card unless otherwise authorized by the Procurement Services Director. B. Monthly Spending Limit: Not to exceed $10,000.00 per card unless otherwise authorized by the Procurement Services Director, C. Strategic Purchases: The Procurement Services Director may utilize (or delegate the authority to other Agency staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section In instances where one or more of the following is true: 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. 26 Procurement Standard Operating Procedures Approved: 112012016 D. Sales Tax Compliance: Pursuant to F.S. § 212.08(6), 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 fails to provide the vendor with the appropriate tax exemption information when the card is presented the cardholder may be responsible for payment of the tax. 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 Director is responsible to ensure the tax is returned to the County for the purchase. In all such instances, the Procurement Services 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 reported to the Fixed Assets Section of the Clerk of Courts Finance Division so that it can be properly recorded. 27 Procurement Standard Operating Procedures Approved: 1/2012016 o ,ero1.Ht Growth Management Department Capital Project Planning, Impact Fees & Program Management Division FORM 990 The Transportation Planning section does not have 501(C)3 IRS Tax Exemption Status. As such our office does not submit Form 990 to IRS. It is a section within the Collier County Government; Growth Management Department; Capital Project Planning, Impact Fees and Program Management. 2800 Nodh Horseshoe Drive • Naples, Florida 34104.23&252-2400 • waw oolliergov.net Growth Management Department Capital Project Planning, Impact Fees & Program Management Division FINANCIAL REVIEW SPREADSHEET The Transportation Planning Section is a section within the Capital Project Planning Section, Impact Fees and Program Management Division and part of the Collier County Government. The financial review spreadsheet is not applicable to the Transportation Planning Section. 2800 North Horseshoe Drive • Naples, Flori b 34104.239-252-2490 • wwwo lliergov.net