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Agenda 01/14/2014 Item # 16B1 1/14/2014 16.B.1 . EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (BCC), as the Community Redevelopment Agency, authorize submittal of a Disaster Recovery Initiative Grant application to Collier County to fund the Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project in the amount of $56,570.00, authorize the CRA Board Chairman to execute the Subrecipient Agreement,if grant is awarded, and approve all necessary budget amendments. OBJECTIVE: To submit a Disaster Recovery Initiative Grant application to Collier County to fund the Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project. CONSIDERATIONS: The announcement for the supplemental funding cycle of the Disaster Recovery Initiative Grant was made on December 6,2013 and the application is due to HHVS on January 20, 2014. The DRI grant is made available to Florida by the United States Department of Housing and Urban Development. During the design for the previously competed Gateway Triangle Stormwater Project (DRI grant # 10- DB-D4-09-21-K09)the design engineer worked from plans prepared for a separate City of Naples project showing work to be done on Pineland Avenue. The proposed work was to be part of the City's work for its water facility at the northeast corner of Pineland and Lois. This work was never done by the City, and was also left out of the CRA's project. The CRA would like to complete the work to alleviate flooding and standing water in this isolated area by installing three mitered end sections, four c-boxes, 264 linear feet of reinforced concrete pipe, swale regarding, roadway patching and asphalt overlay, concrete drive removal and replacement. The work (from 2215 Pineland to the catch basin at Lois and Pineland) will eliminate most if not all of the standing water. Review of applications and awarding of funding is expected within the next few months following application. Funds will be expensed during the CRA's FY-2014-2015 budget cycle. The CRA Advisory Board voted unanimously at their December 3, 2013 meeting for staff to complete the application and obtain CRA Board approval for submittal. FISCAL IMPACT: The amount requested during the last funding cycle was determined to be $56,570.00 to fund the construction and CEI services for the project. The CRA will provide in-kind program management services in the form of staff time (estimated at $19,487.52) and use of CRA office space for public and professional meetings. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item seeks authorization for the Chairman of the CRA to execute a Subrecipient Agreement accepting the grant without further CRA Board action. The Board, as the subgrantor,will be given the opportunity to award the funds and consider the Subrecipient Agreement at a regularly scheduled Board meeting. Accordingly this item is approved as to form and legality and requires a majority vote for approval. -JAB. RECOMMENDATION: That the Board of County Commissioners, as the Community Redevelopment Agency, authorize submittal of a Disaster Recovery Initiative Grant application to Collier County to fund the Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project, authorize the CRA Board Chairman to execute the Subrecipient Agreement, if grant is awarded, and approve all necessary budget amendments. PREPARED BY: Ashley Caserta,Project Manager, Bayshore Gateway Triangle Community Redevelopment Agency Packet Page -577- 1/14/2014 16.B.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.B.16.B.1. Item Summary: Recommendation that the Board of County Commissioners (BCC), as the Community Redevelopment Agency, authorize submittal of a Disaster Recovery Initiative Grant application to Collier County to fund the Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project in the amount of$56,570, authorize the CRA Board Chairman to execute the Subrecipient Agreement, if grant is awarded, and approve all necessary budget amendments. Meeting Date: 1/14/2014 Prepared By Name: CasertaAshley Title: Grants Coordinator, 12/18/2013 3:07:36 PM Submitted by Title: Grants Coordinator, Name: CasertaAshley 12/18/2013 3:07:37 PM Approved By Name:jourdanJj Title: Project Manager, Date: 12/23/2013 1:34:27 PM Name: RobinsonErica Date: 12/23/2013 2:14:27 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 1/7/2014 4:27:23 PM Packet Page -578- 1/14/2014 16.B.1 . Name: KlatzkowJeff Title: County Attorney Date: 1/7/2014 4:59:30 PM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 1/8/2014 9:25:06 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 1/8/2014 9:51:17 AM Name: OchsLeo Title: County Manager Date: 1/8/2014 12:36:08 PM Packet Page -579- 1/14/2014 16.B.1 . CRA RESOLUTION NO. 2014 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA(CRA) AUTHORIZING SUBMITTAL OF AN APPLICATION TO COLLIER COUNTY FOR A DISASTER RECOVERY INITIATIVE GRANT IN THE AMOUNT OF $56,570 TO FUND THE PINELAND AVENUE STORMWATER PROJECT; IF AWARDED, AUTHORIZING THE CRA CHAIRMAN TO EXECUTE A SUBRECIPIENT AGREEMENT AS APPROVED BY THE COUNTY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Community Redevelopment Agency of Collier County(CRA) desires to apply for a $56,570 Disaster Recovery Initiative (DRI) Grant to fund a project within the redevelopment area; WHEREAS,if the grant is awarded,CRA staff will provide in-kind program management services in the form of staff time estimated to be$19,487.52 and use of the CRA office space for public and professional meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, THAT: SECTION 1. Title. The grant program shall be known as the Collier County Disaster Recovery Initiative (DRI) Grant — Bayshore/Gateway Triangle Pineland Avenue Stormwater Improvement Project. SECTION 2. Adoption and approval of the Collier County Disaster Recovery Initiative (DRI) Grant — Bayshore/Gateway Triangle Pineland Avenue Stormwater Improvement Project Application. The DRI Grant application is hereby approved for submission to Collier County. SECTION 3. Administration by CRA. The CRA Executive Board delegates the administration of the grant program to the Interim Director to include, but not be limited to, the application process and review, and monitoring the grant progress. SECTION 4. Authorization of Agreement by CRA Board Chairman. If the grant is awarded, the CRA 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 i 1 Packet Page-580- 1/14/2014 16.B.1 . passage and adoption. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the 14TH day of January 2014. ATTEST: COMMUNITY REDEVELOPMENT AGENCY DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk , CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio ‘47 Assistant County Attorney _Q� v� ■1\ ANON 2 Packet Page -581- t 1/14/2014 16.B.1 . Collier County Housing,Human and Veteran Services Request for Application Disaster Recovery Initiative(DRI) Disaster Recovery Enhancement Funds (DREF) Community Development Block Grant(CDBG) Through the Florida Department of Economic Opportunity(DEO) Fiscal Year 2008 Co )im DEADLINE TO SUBMIT: MONDAY,January 20,2014 NO LATER THAN 3:00 P.M. ANY APPLICATION RECEIVED AFTER 3:00 P.M. WILL BE RETURNED TO THE APPLICANT AND WILL NOT BE CONSIDERED.THE RESPONSIBILITY FOR SUBMITTING APPLICATIONS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE APPLICANT.THE COUNTY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL,COURIER SERVICE OR ANY OTHER ENTITY OR OCCURRENCE. Collier County Housing,Human and Veteran Services Contact: Elly Soto McKuen, Operations Analyst 3339 E. Tamiami Trail, Suite 211 Naples,FL 34112 (239)252-2664 ElIyMcKuen@a.,colliergov.net 1 Packet Page -582- i 1/14/2014 16.B.1 . Table of Contents Page Priorities for Fiscal Year 2008 Disaster Recovery Initiative and Disaster Recovery Enhancement Funds (DRI/DREF) 3 Identified Priorities 4 General Application Information 4 Application Submission Information 5 General Requirements 6 Project Considerations 6 Funding Availability 7 Submittal Deadline 7 Application Review 8 Evaluation Criteria 8 Project Approval and Contract Development 10 Application Checklist 11 Acknowledgement Letter .. 12 Grant Application 13 Agency Organization Information 13 Project Summary Information 14 National Objectives 14 Eligible Activities Matrix 16 Impact on Collier County's Priority Needs 18 Project Description and Goals 19 Project Implementation/Readiness to Implement 20 Experience and Capacity 21 Financial Management and Budget 22 Instructions for Budget Pages 24 Budget Summary and Itemization Sheet—Construction and/or Rehabilitation 25 Environmental Issues 27 Affidavit of Compliance with Federal, State,Local Regulations 28 Certification of DRI/DREF Funded Construction/Rehabilitation Projects 33 Acknowledgement of Religious Organization Requirements 35 Certification Regarding Debarment, Suspension,Ineligiibility and Voluntary Exclusion Agreements/Sub-Agreements 36 APPENDIX LIST Income Limits 38 Low Moderate Income Areas(LMI)in Collier County 40 2 Packet Page -583- A 1/14/2014 16.B.1 . PRIORITIES FOR FISCAL YEAR 2008 DISASTER RECOVERY INITIATIVE AND DISASTER RECOVERY ENHANCEMENT FUNDS(DRI/DREF) Collier County is soliciting supplemental proposals from organizations for projects to be funded with unobligated funds from previously announced Disaster Recovery Initiative (DRI) and Disaster Recovery Enhancement Funds(DREF) availability. DRI and DREF are State Community Development Block Grant (CDBG) disaster relief funds and made available to Florida by the United States Department of Housing and Urban Development,under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. 5121 et. seq.). The purpose of the funds is to assist persons and/or facilities with repairs from declared natural disasters that occurred during the 2008 storm season, (Tropical storms Fay, Hurricanes Ike and Gustav). Funds were made available to Florida and allocated to communities throughout the state to assist in the recovery from federally declared natural disasters. Collier County has unobligated funds in the estimated total amount of$1,800,000 from the following grants: Funding Source Grant Number Amount Available DRI and DREF 10DB-D4-09-21-01-K09 ($1.0 $1,800,000 million)and#12DB-P5-09-21-01- K39($800,000) Total to be Allocated $1,800,000 The funds may be used for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure, and housing in areas affected by the 2008 storm season. Proposed projects must address repairs and/or improvements that will mitigate future damage from similar disasters. Funds are made available through the Florida Department of Economic Opportunity and the Small Cities Program from the U.S. Department of Housing and Urban Development(HUD). All program activities must meet one of the National Objectives listed below: National Description Federal Regulation Objective Citation 1 Principally benefits low and moderate income persons 24 CFR 570.208(a) or households who earn at or below 80%of the median income 2 Aid in the prevention of elimination of slums or blight 24 CFR 570.208(b) 3 Qualifies as a certified urgent need 24 CFR 570.208(c) 3 Packet Page-584- 1/14/2014 16.B.1 . IDENTIFIED PRIORITIES In order to guide community based non-profit and for-profit organizations seeking funding,the County has developed certain strategies to accomplish the goals, objectives and policies within the County's Action Plan for the Use of 2008 Disaster Recovery Funds. The County's DRI/DREF Action Plan has identified the following priority needs: Eligible Activities Eligible Projects Funding Minimum by Activity • Public Assistance • Repairs and improvements to N/A (Infrastructure/Public streets Facilities) • Water/Sewer systems • Drainage facilities • Business • Repairs/improvements to buildings N/A (Commercial in commercial/business areas and revitalization) related activities • Housing • Rehabilitation • $230,000(DREF-K39 • Replacement Grant)Affordable rental • Temporary/permanent relocation housing* • Floodplain housing acquisition and household relocation *Collier County is required to spend at least$230,000 of the$800,000 identified in 12DB-P5-09-21-01-K39 grant on affordable rental housing projects. , GENERAL APPLICATION INFORMATION For supplemental funding consideration, all projects must meet the general eligibility requirements listed below. 1. Organizations must be located in Collier County OR provide services within Collier County. 2. Organizations must be a public organization, a private for-profit, or a non-profit organization with an IRS 501(c)3 designation. 3. Organizations who have received funding in the past must have acceptable past and/or current performance on County funded projects. 4. Activities will not be funded unless the organization has developed realistic cost estimates and timelines and demonstrated past financial stability. 5. The proposed project is determined to be economically feasible and implementation will occur in nine (9)months. The project will be completed in a timely and cost effective manner. If additional funding is to assist the completion of the project,applicant must identify funding source in the application and must be sufficient to complete the project. 6. The proposed activity or service will complement and not duplicate or supplant planned or existing activities or services. 7. The proposed activity does not require displacement of individuals or produce any adverse effects to the community or environment. 8. Applicant has the administrative capacity and experience to plan and implement the proposed activity or service. Awitok 4 Packet Page-585- Elk 1/14/2014 16.B.1. 9. Applicant has the financial capacity to continue operations until pay requests are processed by the Clerk of Court and demonstrate a minimum of 60 days cash on hand Demonstration will be in the form of the most current balance sheet. 10.Collier County reserves the right to provide additional funding to existing projects that have applied from previous funding cycles to expand and/or enhance an existing project. APPLICATION SUBMISSION INFORMATION 1. The application must be typed(not handwritten). 2. One(1)printed original and five(5)separate CD or thumb/flash drives each containing saved application and attachments in their entirety. CD or thumb/flash drive MUST be clearly marked with applicants name,date and funding request. All attachments shall be incorporated into the application and shall be saved as one PDF document. 3. Use a binder clip or rubber band to secure your application package. Do not use staples or binders. 4. Double sided documents will not be accepted. Single sided only. 5. The following information MUST be included in your grant application to be reviewed: a. Original signature by authorized person certifying application. Original signature must be in BLUE ink.If original signature is not submitted,application will be rejected. b. 501(c)3 IRS Tax Exemption Letter c. Articles of Incorporation(as amended—most recent) d. By-Laws e. Organizational Chart f. List of current Board of Directors—indicate term limits and officers g. Resumes,pay scales with job descriptions for those within the organization who will manage the project. h. State of Florida Certificate of Good Standing i. Board Resolution authorizing submittal of grant application j. Last 3 years completed audited financial statement,including Management Letter and auditors notes k. Acknowledgement of Religious Organization(attached),as applicable 1. Debarment Letter.Must attach a separate executed debarment letter from each of the following: i. Each Board of Director member ii. Officers of the Board iii. Executive Director iv. All employees and supervisors that will work on the grant m. Organization's Conflict of Interest Policy/Procedures n. Procurement Policy o. Organization's Most Current Balance Sheet 6. Please do not include instructional and/or informational pages in the application. 7. HHVS will not accept faxed or email applications. 8. Do not use folders or cover pages or report covers in submittal. 9. DRI/DREF supplemental funding cycle grants are nine(9)commitments only. 10.Any incomplete applications,not in the attached required format or does not follow the information above will automatically be disqualified. Applications submitted after the due date will not be accepted. Missing the deadline will automatically result in elimination of eligibility to apply. 11. Once submitted,no amendments will be allowed unless an amendment is requested by the County. The County reserves the right to request additional information. 5 Packet Page -586- 1/14/2014 16.B.1 . 12. Prior to the preparation of a request for funding,applicants are strongly advised to determine if the proposed activity or project is an eligible activity as defined by HUD regulations. A summary of HUD regulations applicable to the use and administration of DRI/DREF funds.Applications failing to meet ,>;.- established National Objectives(identified on page 3) or determined to be ineligible under other applicable regulations will not be considered for funding. 13.Do not submit initial P a g es with the application. Submit information beginning with Page 13. GENERAL REQUIREMENTS A. Operating Agreement Non-profit agencies and for-profit organizations approved for funding will be required to sign an agreement with the County in order to insure compliance with DRI/DREF program. Funds may not be obligated until the agreement is accepted and signed by all parties. B. Indemnification Non-profit agencies and organizations approved for funding must agree to defend, indemnify, and hold harmless the County, its officers, agents and employees from and against all liability, claims, demands, damages, losses and expenses, including attorneys' fees, original and on appeal, arising out of, or related in any way to the performance of the agreement. C. Insurance Agencies and organizations approved for funding will be required to obtain insurance coverage, which shall contain a provision, which forbids any cancellation, changes or material alterations without prior notice to the County at least thirty (30) calendar days in advance. The insurance coverage shall be evidenced by an original certificate of insurance provided to the County prior to the execution of the agreement. The required insurance coverage/limitations will be specified in the written agreement. D. Program Monitoring Applicants approved for funding will be required to maintain documentation of project implementation and submit required information necessary to monitor program accountability and progress in accordance with the terms and conditions of the agreement. Monitoring will include, at a minimum, monthly monitoring reports, on-site monitoring and compliance reports and records as specified in the contractual agreement. E. Notification All applicants will be notified in February 2014 of project selections. Receipt of an award letter is not a guarantee of funding. PROJECT CONSIDERATIONS Applicants are encouraged to present a proposal that, if implemented, will result in substantial disaster relief, long-term recovery, restoration of infrastructure and housing in areas affected by the 2008 storms. In addition projects may make repairs and improvements that will mitigate future damage from similar disasters. Prior to preparing a proposal for submission, applicants are encouraged to contemplate their ability to produce the required documentation and articulate the need for the project. If awarded a project it is the subrecipient/grantees responsibility to perform an environmental review or potential environmental assessment as required by volume 24 of the Code of Federal Regulations(CFR)Part 58. The grantee may perform this activity themselves or procure a capable entity to complete the task. The Document will then be certified by the local certifying official and final review and approval will be obtained 6 Packet Page-587- 1/14/2014 16.B.1 . from the Department of Economic Opportunity. When applying please include the cost of this activity as part of the budget. Readiness for this task must be presented upon award.The county will not provide a Notice to Proceed until such time as the environmental review is fully approved and received by the DEO. FUNDING AVAILABILITY The funding application anticipates the availability of DRUDREF funds from the Florida Department of Economic Opportunity. HHVS anticipates the department will have approximately$1,800,000available to fund supplemental projects. However,the department reserves to the right to amend the funding amount. SUBMITTAL DEADLINE Responses to the Funding Request are due on Monday,January 20,2014 no later than 3:00 pm at: Collier County Housing,Human and Veteran Services Attention: Elly Soto McKuen,Operations Analyst 3339 E. Tamiami Trail, Suite 211 Naples,FL 34112 LATE APPLICATIONS WILL NOT BE ACCEPTED 7 Packet Page -588- 1/14/2014 16.B.1 . a APPLICATION REVIEW Once submitted,HHVS will evaluate applications in a two-phase process. In the initial phase staff will review the application for: Conformance to the submission requirements Compliance with DRUDREF regulations Level of Risk per the HUD Risk Assessment Form Capacity and experience Project feasibility Adherence to DRI/DREF priorities Past Performance Evaluation Documentation for these items will be supplied to the Review and Ranking Committee The second phase will involve an evaluation, scoring and recommendation by the Review and Ranking Committee (RRC). During this phase,and at its discretion, County staff,with the participation of the RRC,may conduct interviews with qualifying applicants, and/or request additional information in the form of Cure Questions in order to provide the applicant the opportunity to clarify their application. EVALUATION CRITERIA Proposals for the supplemental funding cycle will be evaluated, scored and ranked based on the following criteria and point system. CRITERIA MAXIMUM POINTS Disaster Recovery Priority and Need 15 Documentation of Storm Related Damage 20 Current conditions addressed with hurricane hardening 20 activities Project Description 25 Readiness to Implement 20 TOTAL 100 EVALUATION CRITERIA The following is a detailed account of how the criteria above will be applied to each proposal. The information requested is specific. All applicants are strongly encouraged to carefully review the evaluation criteria and ensure that all proposals submitted enable the HHVS to evaluate the project's purpose,intent and value. An applicant would greatly benefit by using the following questions as a"checklist"when preparing a proposal. 1. Disaster Recovery priority and need(Maximum Points: 15) ApoN 8 Packet Page -589- 1/14/2014 16.B.1. a. Has the applicant provided a complete and rational explanation of the process by which the project outlined in the application was determined to be a priority for the Collier County disaster recovery initiative? b. Has the applicant demonstrated the project's benefit? Does the proposal articulate the need for the project? 2. Documentation of storm related damage(Maximum Points: 20) a. Does the application contain"before" and"after"photographs documenting conditions prior to the 2005 or 2008 storm seasons? b. Were any newspaper articles related to damage included in the application? c. Did the applicant include any television news stories about the damage(on DVD as an attachment to the application)? d. Does the application contain any code enforcement or public works department reports or statements relating to storm damage? 3. Current conditions addressed with hurricane hardening activities(Maximum Points: 20) a. What current conditions are directly related to the named storms funded by these grants? b. Does the application contain photographs documenting conditions that would benefit from hurricane hardening activities? c. Does the application contain any code enforcement or public works department reports or statements? 4. Project description(Maximum Points: 25) a. Is the purpose of the project clearly stated? b. Has the applicant identified the national objective met by the project(national objectives listed on page three of this request for proposals)? c. Does the application include the number of units to be completed (i.e.linear feet of waterlines, installed homes rehabilitated,etc.)? d. Is the cost of the project clearly stated? e. Are the beneficiaries(total number and number of LMI)of the project listed? f. Is the location(s)of the project identified? g. Is an area map of the area provided? 5. Readiness to implement(Maximum Points: 20) a. Has design work been completed or planned for the project? b. Is there a feasible and logical work plan? c. Does the organization have qualified staff to implement the project? 9. Packet Page -590- 1/14/2014 16.B.1 . PROJECT APPROVAL AND CONTRACT DEVELOPMENT The County anticipates,but is not bound by,the following schedule for reviewing applications and recommending funding for the supplemental cycle, Advertisement in NDN and Immokalee Bulletin announcing grant Dec 5,2013 application cycle open Application available online and by email(45 day application Dec 6,2013 period) Dec 17,2013 Technical Assistance in Immokalee-Public Library Jan 9,2014 Technical Assistance in Golden Gate-Community Center Jan 20,2014 Grant Applications Due @ HHVS NLT 3:00 p.m. Jan 24,2014 Staff Review,Evaluation,and Feasibility of Projects Jan 25,2014 Staff delivers applications to Review Committee members Jan 30,2014 Application Committee meeting to Review&Scoring Feb 3-Feb 6,2014 Cure Period Advertisement to NDN for Supplemental funding Cycle projects10 day comment period) and Immokalee Public Feb 6,2014 Meeting(5 day notice requirement Feb 12,2014 Immokalee Public Meeting Feb 10,2014 CATF Committee Presentation-Project Recommendations Feb 22,2014 10 day comment period ends Feb 25,2014 BCC approval of DRI/DREF funding recommendations Information with funding recommendations sent to DEO for Feb 26,2013 approval 10 Packet Page -591- 1/14/2014 16.B.1 . APPLICATION CHECKLIST Bayshore Gateway Triangle Community Redevelopment Agency Pineland Avenue Stormwater Improvement Project Insert Organization's Name and Project Name COLLIER COUNTY FISCAL YEAR 2013/2014 HHVS GRANT APPLICATION COVER CHECKLIST Place this checklist on top of the application. Submit the following pages in the order outlined below plus required exhibits and any attachments. APPLICATION CHECKLIST ® Applicant Information ® Agency Organization Information ® Project Summary Information ® National Objectives ® Project Description and Goals Z Project Implementation Plan and Readiness to Implement ® Experience and.Capacity ® Financial Management and Budget ® Budget Summary and Itemization Sheet-Operating and Services Z Budget Summary and Itemization Sheet-Construction and/or Rehabilitation ® Estimated Program Income ® Leveraged or Match Funds Z Environmental Issues ® Exhibits ® 501 (c)(3)IRS Tax Exemption Letter ®Articles of Incorporation ®By-Laws El Organizational Chart ■ List of Board of Directors Z Resumes,Pay Scales with Job Descriptions ®State of Florida Certificate of Good Standing N o-r levu C. LE Z Board Resolution authorizing submittal of grant application ® Preceding 3-year audits including management letter and findings Z Acknowledgement Letter ® Affidavit of Compliance with Federal,State,Local Regulations ® Certification of DRI/DREF Funded Construction/Rehabilitation Projects ® Acknowledgement of Religious Organization Requirements N /A* ® Certification Regarding Debarment,Suspension,Ineligibility Voluntary Exclusion Z Procurement Policy ® Organization's Most Current Balance Sheets 11 Packet Page -592- 1/14/2014 16.B.1 . APPLICATION CHECKLIST Bayshore Gateway Triangle Community Redevelopment Agency Pineland Avenue Stormwater Improvement Project Insert Organization's Name and Project Name COLLIER COUNTY FISCAL YEAR 2013/2014 HHVS GRANT APPLICATION COVER CHECKLIST Place this checklist on top of the application. Submit the following pages in the order outlined below plus required exhibits and any attachments. APPLICATION CHECKLIST ® Applicant Information ® Agency Organization Information ® Project Summary Information ® National Objectives ® Project Description and Goals ® Project Implementation Plan and Readiness to Implement • Experience and Capacity ® Financial Management and Budget ® Budget Summary and Itemization Sheet-Operating and Services ® Budget Summary and Itemization Sheet-Construction and/or Rehabilitation ® Estimated Program Income ® Leveraged or Match Funds L Environmental Issues ® Exhibits • 501 (c)(3)IRS Tax Exemption Letter ®Articles of Incorporation ® By-Laws ® Organizational Chart ® List of Board of Directors ®Resumes,Pay Scales with Job Descriptions ❑ State of Florida Certificate of Good Standing ® Board Resolution authorizing submittal of grant application ® Preceding 3-year audits including management letter and findings ®Acknowledgement Letter ® Affidavit of Compliance with Federal, State,Local Regulations ® Certification of DRI/DREF Funded Construction/Rehabilitation Projects ❑ Acknowledgement of Religious Organization Requirements ® Certification Regarding Debarment, Suspension,Ineligibility Voluntary Exclusion ® Procurement Policy Z Organization's Most Current Balance Sheets .441) 11 Packet Page-593- 1/14/2014 16.B.1. ACKNOWLEDGEMENT LETTER All applicants shall incorporate this letter in the grant application submittal on the organization's letterhead.This will be page 2 of the application packet following the checklist. Date,2013 Ms. Kimberley Grant,Director Collier County Housing,Human and Veteran Services 3339 E.Tamiami Trail, Suite 211 Naples,FL 34112 RE: Request for Funding under the DRI/DREF Supplemental Funding Grant Application Cycle II Dear Ms. Grant and members of the RRC: I have read the Collier County Housing,Human and Veteran Services(HHVS)application for DRI/DREF Supplemental Funding Cycle. On behalf of The Bayshore Gateway Triangle CRA,as the duly authorized signatory for The Bayshore Gateway Triangle CRA,a agree to and accept and accept the County'ss, and conditions expressed therein.In addition,I have r rely Disclosure and Disclaimer,which is attached hereto and is fully incorporated into this letter. d the Certifications By signing below,the undersigned acknowledges that he/she has read s and u ders�he Bayshore Gateway attached hereto as Appendix,and,if awarded DRI/DREF , pp Triangle CRA 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 nclud funding revs ed recommendation dget scope of work and proposed� amount applied for,additional documentation g to accomplishments may be requested prior is authorized to bind the Applicant(on behalf of the Organization) verify that the authorized signature above and may require the Application to submit documentation verifying such authority. The The Bayshore Gateway Triangle houl funding be allocated.letter signatory designating letter must be notarized. authority to bind the organization Sincerely, Mr.Tim Nance CRA Board Chairman Bayshore d Ave Gateway ue S Triangle mw CrRA ntorater Project 12 DRI Application . .___. RPment Letter Exhibit: Packet Page-594- 1/14/2014 16.B.1 . COLLIER COUNTY HOUSING,HUMAN&VETERAN SERVICES GRANT APPLICATION Organization Name:Bayshore Gateway Triangle Community Redevelopment ARencv Organization Mailing Address:3570 Bayshore Drive, Unit 102 Naples, Florida 34112 Phone: 239-643-1115 Contact Person/Title: Ashley Caserta/Proiect Manager Contact Email Address: ashleycaserta(4colliergov.net Federal Tax ID#:59-6000558 DUNS#: 076997790 AGENCY ORGANIZATION INFORMATION 1. Is your organization a for-profit or non-profit organization? If the organization is a non-profit do you have a 501(c) (3) status? Yesn No Years in Operation: 2. Is your organization or agency faith based? Yes[] No If yes, all faith-based organizations must complete and attach Acknowledgement of Religious Organization Requirements and must identify national or state affiliation and provide your mission statement. 3. Agency has written personnel,fiscal/procurement&implemented policy?* *Housing,Human&Veteran Services will review item 3 upon award. Yes NoD 4. Agency has a written operating procedures manual? Yes No❑ * Housing,Human&Veteran Services will review item 4 upon award. 5. Agency has a written conflict of interest policy and has attached it to this application with this application. Yes No❑ 13 Packet Page -595- 1/14/2014 16.B.1 . PROJECT SUMMARY INFORMATION PROJECT FUNDING REQUEST $56.570 Total Project Cost:$56,570 Depending on the number of application,there may be some instances where HHVS decides to award less than the requested amount of the application. Will the organization accept a lesser amount? Yes No0 If so,what would be the amount acceptable? $50,000 PROJECT SYNOPSIS:Limit the project synopsis to 30 words or less in the space below: Gateway Triangle stormwater improvement on Pineland Avenue including removal and replacement of existing culverts and structures from 2215 Pineland Avenue to the existing catch basin south of Lois and Pineland. NATIONAL OBJECTIVES Which National Objective will this project target? 0 Benefits low and moderate income persons(24 CFR 570.208(a)) Aids in the prevention or elimination of slums or blight(24 CFR 570.208(b)) 0 Qualifies as a certified urgent need(24 CFR 570.208(c)) 0 If the National Objective that principally benefits low and moderate income persons is selected,describe how the activity will address ONE of the subcategories listed below: 1) Area Benefit Activity—Those projects carried out in a neighborhood consisting predominantly of LMI persons and providing services for such persons, yet could be available to other non-income eligible persons in the area. See Appendix 2 map showing LMA areas located within Collier County.This information can be documented by documenting that the area is primarily residential(e.g.,zoning map); and that the income characteristics of households in the service area(i.e., Census data) The project will be carried out in a neighborhood that consists of predominantly LMI persons and will provide fire protection services for all inhabitants. The income characteristics of the households in the area have been provided via current Census data below. The census tract that the project is in is Tract 106.01. The median income for families in the tracts are$34,943. This income level is within the very low income range($343 higher than the amount given in the DRI grant application) according to HUD income guidelines. Data was provided by Amercian FactFinder and the US Census Bureau and is included below.Additionally, the area is primarily residential as shown on the zoning map below. 14 Packet Page-596- 1/14/2014 16.B.1 . _. _ -_ __ __ _-_ _ - - __ _ Satiod Census Tract 106 0i,Co Caug� fO1isu _ Families Married ple f+rsilks "ety households Estimate Margin of Eno: E ala 1 f ryin of Error Estimate 52B ;1110 253 +1410 427 oral _ _... ,--rt+F•f4g 21.d1G .,_ .r.. __ .,_,....-�........-...,r,. 12,1% +10.4 .,... ..�-t4AX'j aeii00. .10.000 to$14,997 11.0% +, 11.5 0.6% ! +(19 17.1% .,_ �_. 9.7% +1T.e 1e.8%4 ;isa 8.4 1-5,08-01O--04,1*" 5.000 to 534.999 20.5.4 •+1.13,4 19 6% 4.1U - 19.2% 2�S 000 to 534.977 ___ 4 - ------ m�i� - -- ---- - 13:0`J: __ 41.1ti.0 ----- 5 6% 04-6.1 . 10-5% 60.000 io S7<.994 15.2% +1.11.5 12 694 ; +.11.3 10.e% a099D 8.9% +tai 15 4.1.122 -- _1.4%; ■ _._._ w._.__.___ � _._ 11.990 N•7.7 17.45: 1 +1.13.1 4.2% 100,000 a 3147,997 _ z _0.0%.—� 150.00010 5199 999 fl - ;1:T 7 `'._;0.0% +115,4 -200.000 or more 0.0% +1-7.7 0.0% ' +1.15.4 0.0% }6eAisn'ncome(dafMS") -3-.i.;043 +!-12.120 38,881 +1-45,6?0 ( 2540 »eana footxsi ' - 46100 +1-10242 N N 31,500 7 ERCEFff WtPUTE0 .: _�_. ry_ - l000ive r,1 prlft�n10t101s tx} Y``1I Fon*mom m the pest 12 maths 23 ex 1x1 (X) _ __ (X) 0X1 Nantsmsy incaiiee Y►itwwi gist 12 enaois,----._.____._-_-____.._._.___._-- (X .�-� - 3-6:1x_ 1 1 15 Packet Page -597- 1/14/2014 16.6.1. J Ma �� �� f_, v. o L m' J 3AraaOaoNVN MIN 0, U sw 3 imm Q Nc J N��� 71 Ii z�©7ia®� iii " z o M.• � dao ^3r�� z WM IBM 'R o < 133a1S 3atSAV9 IP EMI Illffi 5 a $--' T.,Lo , IMMI t i. , A�7 A m J m lir it, ni.., 11116Da te= mum. < N b N N N 6 Q N J 1111 m an+ao Nr�vwoov►+s 17-. .71,:. . . g 1!: W ` a d © RRPLI1 �, �- ifi �OM 1: :; IV : + 0 illia Y w 3nN3AV ONVl3Nld WM Mr WM KIM Q MI z k � I ■ R Nial _� HOI1A � � „ „ao . N . D' y O A ���� r SNOLLYOIMN SO II At, Ell= J > r - ¢ ii io n m z 7.C g Q �y. eaz-w -ao ez oo-9t lYZ-10 ;N ';1 w A t TLI1 o I n r5T x© N^ N v J n 133a1S 3NId ° s;S: 4.4....2 t023 -LI tar-41 4 C�A '..� S� M-2 pm p'© 0 _ .1 w .� O Vat-16 to y O K-l6 a0 8� 10� © ®� toavl IN 6 Vet-SC ..3lNON0pAtl ® .��on 911:i mom ,$,, 4010' iLir v L.,0, maim maim sa um ile c, nom BE ci. 411111pAiliii i 1111 ° p ,..., Nw© ? �. /1IwiiItII1 f p 133a1 ,} S 301adS z 44400. ., J PANAIM---j •4.' .. 4110p Al'Tillil z 1 N w --4z-A7,,,..:3AI80 1V10a it, ..3WN0� 51- N 1 , 16121611114511� lelikZrAlpri 133a1s WIVd o n W1 mar m ®�. �p�T.ItLH O ! © ¢ W WM 0,7. � 03� yr (ii) m. iiiii ea O .01_,.,111112-4)1 ,t C NoEo `t J 111113411101g® ^ro:�.o 133x15 34018303aA Q r o InIE1 r4,„Mel ! 133a1s sumo �n t.rt 3a N MI � O w a 7i��r (n F- w v • — SA ta 43 ' Packet Page-598- i T-o N . '' . 1.4' P 1/14/2014 16.B.1 . 2) Limited Clientele Activity—Those that benefit a specific group of people (rather than all the residents in a particular area)who are, or presumed to be,income eligible. In order to meet the LMI Limited Clientele criteria,the activity must: serve at least 51%LMI,as evidenced by documentation and data concerning beneficiary family size and income;have income eligibility requirements which limit the service to persons meeting the LMI income requirements, as evidenced by the administering agency's procedures,intake/application forms, income limits and other sources of documentation;serve a specific group presumed by HUD to be income-eligible include: abused children, battered persons, elderly persons,handicapped adults,homeless persons,illiterate persons,migrant farm workers and persons living with AIDS;and be of such a nature and in a location that it may be concluded that the activity's clientele are LMI. 3) Income Eligible Housing Activity—These projects add or improve a permanent residential structure wherein,upon completion,income eligible persons will occupy 51%or more of the housing units. 4) Job Creation or Retention Activity—A project which creates or retains permanent jobs,of which at least 51% are either taken by or available to income eligible persons. ❑ If the National Objective that principally aids in the prevention of elimination of slums or blight is selected, describe how the activity will address ONE of the subcategories listed below: 1) At least 25%of the properties throughout the area exhibit the following: a. Physical deterioration of buildings/improvements; b. Abandonment of properties; c. Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; d. Significant declines in property values or abnormally low property values relative to other areas in the community; or e. Known or suspected environmental contamination 2) Public improvements throughout the area are in a general state of deterioration. Documentation must be maintained by the grantee on the boundaries of the area and the conditions that qualified the area at the time of its designation.The designation of an area as slum or blighted must be re- determined every 10 years for continued qualifications(24 CFR 570.208(b)(iii). ❑ If the National Objective that principally qualifies as a certified urgent need is selected,describe how the activity will address ONE of the subcategories listed below: It is possible for public services activities to qualify under this National Objective if the public services are designed to alleviate existing conditions that pose a serious and immediate threat to the health or welfare of the community and following conditions are met: 1) The conditions are of recent origin or recently became urgent; and 2) The grantee is unable to secure other funds to support the activity. 17 Packet Page -599- 1/14/2014 16.B.1. ELIGIBLE ACTIVITIES MATRIX This table provides a list of activities eligible for funding. Please`dica e which c activity or Box".p place proposal intends to undertake. To indicate your selection(s), p Please note that projects must make repairs and/or improvements that will mitigate future damage from storm related disasters. ACTIVITY UNIT OF MEASURE Mark NUMBER Box (MATRIX CODE) LF, SITE, PARCEL, UNIT, Acquisition for rehabilitation HU,BU Acquisition in 100 year flood plain or Acquisition,acquisition(in 01 LF, SITE, PARCEL, UNIT,LF, support of),acquisition of real property,acquisition:land, building,easement or right-of-way Asbestos removal/lead based paint abatement 21A HU,BU - Clearance and Demolition 04 HU,BU,UNIT 15 HiJ,BU - Code enforcement Commercial/industrial building acquisition,commercial rehab, 17C BU demolition - Demolition of vacant dilapidated housing units 04A hnillIllNill 111111 Demolition of vacant dilapidated structures(other than housing) 04A HU,BU,UNIT 03J LF,UNIT,HYDRANT Fire protection,fire hydrants,water facilities,lines,tank, treatment,well 030 - Fire station,equipment IIIIIIIIIIIIIII .Flood&drtunage,lia ,mitig004;400da&dranna ge,,storm 03I L S,UNIT 0 }x d curb& ex drains,catch basin,`=retention.¢pon,,x guy Y . . ., , �.• , .._ ,, 14A LF,IJNIT,HU - Housing rehab plumbing Open space parks,playgrounds,recreational facilities 03F LF,UNIT,SITE,PARCEL - . Other commercial/business assistance 17D UNIT . Other commercial/industrial improvements 17D BU,UNIT,SITE 03G UNIT . Parking facilities,spaces 18 Packet Page-600- I � I 1/14/2014 16.B.1 . Permanent relocation as part of hazard mitigation,permanent 08 HU,BU relocation,temporary relocation Potable well&septic system installation 14A LF,UNIT,WELL Public facilities&improvements(OTHER) 03 LF,UNIT Recreation/neighborhood center,senior center 03E LF,UNIT,SITE,PARCEL Rehab,multi unit residential 14B HU Rehab,public/private owned commercial/industrial 14E UNIT Rehab,single unit residential 14A HU Rehabilitation of commercial buildings,facade,section 504 17C BU compliance,correction of code violation,building rehab by owner/tenant Relocation of commercial facility 08 HU,BU Relocation of utilities to underground 03 LF,UNIT Removal of architectural barriers in public buildings 10 BARRIERS,UNIT Replacement housing 12 HU Sewage treatment plant,sewer lines&components,sewer line 03J UNIT,LF,PLANT replacement,other sewer facilities force sewer main,gravity sewer main,treatment,pump/lift stations Sidewalks and pedestrian malls 03 LF Solid waste disposal improvements 03H LF,UNIT Street improvements,resurfacing 03K LF Utility hookups 03 HU,BU Water and/or sewer hookups for housing units 14A HU,BU Water facilities,water&sewer improvements in general, 03J LF,UNIT nonresidential water hookups;new potable water lines 19 Packet Page-601- 1/14/2014 16.B.1 . IMPACT ON COLLIER COUNTY'S DRI/DREF PRIORITY NEEDS (Not to exceed one page) In this section,clearly and concisely state how the proposed project will address one(or more)of the County's DRI/DREF priority needs(identified on page 3)for benefiting low and moderate income persons affected by one of the named storms from 2008 covered by the DRI and DREF grants. Describe the need for the project using local data and information.Articulate a rationale for the project related to the project's purpose(s);should explain how the project will address the stated national objectives and determine the demand for the project.In some instances justification may be in the form of a market analysis of the target population and/or the community. In 2006 the CRA partnered with the Collier County Stormwater Department for the construction of the 3.6 acre stormwater pond in the Gateway Triangle (Phase I completed in Spring, 2008)by acquiring$804,000 worth of land and donating it for pond construction. In the wake of Tropical Storm Fay, the commercial areas of the Gateway Triangle drained quickly due to the new pond; however, residential areas in the Gateway Triangle saw no benefit because there was no fully-connected, in-tact neighborhood-level drainage system (i.e.yard swales and culverts)—in some areas, the flooding may have been exasperated by the pond due to its elevated walls which changed the sheet flow of the stormwater runoff The CRA responded to residents'complaints about the flooding by hiring a local engineering firm to (1)evaluate existing drainage in the residential section of the Gateway Triangle, (2)recommend improvements to the system to alleviate flooding in the area, (3)develop a stormwater management plan and(4)provide budget cost estimates. The Tertiary Stormwater System Improvement Project for the Gateway Triangle Residential Area("Project")was recommended from this effort and had the support of the Collier County Stormwater Department, the South Florida Water Management District(SFWMD), the Local Mitigation Working Group, and the Collier County Board of Commissioners. The Project was funded through DRI grant 10-DB-D4-09-21-01-K09 and was completed in February 2013. It consisted of LUX. The portion of work that is proposed for the Pineland Avenue Stormwater Improvement Project was excluded from the Tertiary Stormwater System Improvement Project for the Gateway Triangle Residential Area because during the design for the previously competed Gateway Triangle Stormwater Project(DRI grant#10-DB-D4-09-21-K09)the design engineer worked from plans prepared for a separate City of Naples project showing work to be done on Pineland Avenue. The proposed work was to be part of the City's work for their water facility at the northeast corner of Pineland and Lois. This work was never done by the city, and was also left out of the CRA's project. The CRA would like to complete the work to alleviate flooding and standing water in this isolated area. The need for this activity is rooted in the fact that the Gateway Triangle Area suffers from a gap in government services related to public right-of-way stormwater drainage. "Secondary"and "Primary"stormwater management systems, such as canals, stormwater ponds, etc., do have local funding through the South Florida Water Management District and the Collier County Stormwater Department. However, Collier County policy toward "Tertiary"systems relegates oversight responsibilities of these systems to private citizens. That local policy creates a gap in government services for Tertiary projects such as yard swale and driveway culvert construction—because such projects are not entitled to local funding(there is only funding for maintenance to existing swales in the public right-of-way and driveway culverts are always the responsibilities of private properly owners). The Gateway Triangle community has no neighborhood association to pay for the improvements and the residents are economically distressed-90.7percent of the • students enrolled at Shadowlawn Elementary(located in the center of the Gateway Triangle)receive free or reduced-rate lunches due to economic hardship(Collier County School District, November 5, 2009). This community has neither the private resources nor the economic capacity to fill the gap in services created by Collier County stormmwater policy. Successful completion of the Project will improve drainage and decrease flooding by establishing a f ull y-connected swale and culvert system with outfalls to Naples Bay and the stormwater pond. The benefits derived from the Project include better access to the area for emergency service vehicles during times of heavy rain, ability for regional traffic to pass through if necessary, and fewer missed days of business or school for residents who might otherwise be flooded in their homes.An additional benefit from this project will be a decrease in flood-related damages to personal property. 20 Packet Page -602- 1/14/2014 16.B.1 . PROJECT DESCRIPTION AND GOALS Amok (Not to exceed one page) The narrative should include a dear,concise and complete description of the project and its beneficiaries.The application should include,at a minimum,the following: 1. Photos of the proposed site to document the condition before and after a named storm or current conditions in need of hardening activities. 2. Reports, such as FEMA, Damage Assessment, insurance, police, code enforcement, Public Works or other related agency, etc., to document damage caused by named storms(may be attached to the proposal). if no such reports exist,provide an explanation for their absence. 3. Copies of any newspaper articles about storm damage that is relevant to the proposed project. If none,indicate by"N/A". 4. Copies,on DVD,of any television news stories about storm damage that is relevant to the proposed project. If none,indicate by"N/A". 5. Number of units to be completed during operation of the proposed activity? Provide information such as linear feet of waterlines,homes rehabilitated,etc. 6. How many beneficiaries(both total and LMI)will the proposed activity benefit? Project description: The proposed project shall consist of making drainage improvements in the Gateway Triangle area of Collier County on Pineland Avenue. This project shall include but not be limited to the:removal and replacement of existing drainage structures and culvert;miscellaneous structure modification;swale regrading and;;miscellaneous site restoration.Site restoration shall include, but not be limited to miscellaneous grassed area,driveways and roadways. This project will include replacement of drainage structures and culvert within platted right-of-way. Contractor shall practice extreme care in all work within these areas. Contractor shall need to coordinate with the various utilities for protection.All work shall be substantially completed in 30 consecutive calendar days and fully completed in 45 consecutive calendar days.Funding will be used to pay for a contractor ($50,000)and related Construction,Engineering and Inspection(CE1)services($6,570). The total requested amount is$56,570. The engineering phase of the project is complete and plans are ready to be used in the bidding process in order to obtain a contractor. The purpose of this project is to alleviate residential flooding and improve the health and welfare of the community by constructing swales and culverts in the public right-of-way in the residential section of the Gateway Triangle Area on Pineland Avenue. This swale-culvert system will connect to the surrounding stormwater infrastructure and into the nearby stormwater drainage pond and an outfall at US-91 into Naples Bay. This Project will complete the overall project in the Gateway Triangle into a single, holistic,fully-connected stormwater drainage system to alleviate flooding problems in the Gateway Triangle Area. 1. Photos are attached to this proposal and are located on the next page. 2. Reports from FEMA,Damage Assessment, insurance,police, etc., to document damage caused by Tropical Storm Fay were not uncovered by the CRA's investigation.Local authorities did document damage and that will be reflected in other areas of this application. The CRA did witness one resident dry-vaccing her home but was unable to contact her to ask if she filed an insurance claim.A photo of her dry vaccing her house can be seen on the following page. 3. N/A 4. N/A 5. Description Quantity Unit 4 Existing Structure Demo 4 EA 5 Existing Culvert Demo 280 Linear Feet 6 Existing Structure Modification 1 7 Ditch Bottom C-Box 4 EA 8 Miter End Section—15" 3 EA • 9 15"Reinforced Pipe Concrete 264 Linear Feet 10 Swale Regrading 50 Linear Feet 11 Roadway Removal/Patch 30 Linear Feet 12 Asphalt Pavement Overlay 115 Square Yards 13 Concrete Drive Removal/Replacement 100 Square Yards • 14 Asphalt Drive Removal 50 Square Yards i • 6. How many beneficiaries(both total and LMI)will the proposed activity benefit? a. Total number: 12 b. LMI number: 12 21 Packet Page-603- W 1/14/2014 16.B.1. 6 .. 0,..,,t . 1.,„„t. „ . 1 „,r: .I, , 7 I, M'1 r„,„,, ,,„..,,,„, ,,„,, , I tiW aa' i _ . , „6 4'' 4 I ' I 4pp s- r ` j I C a The Gateway Triangle area experien ced major flooding after Tropical Storm Fay. The top photo shows a home that experienced flooding inside the structure. Thand Pelton Avenue, which is are full and a adjacent to 'fallen. Pineland Avenue. The street is covered in water, the existing swales 22 Packet Page-604- 1/14/2014 16.B.1 . PROJECT IMPLEMENTATION PLAN AND READINESS TO IMPLEMENT (Not to exceed one page) Explain how/when/where the project will commence and the funds expended.List the tasks in a logical order that demonstrates a feasible work plan, has identified staff,board members,partners that will be responsible for implementation.Show the available resources needed to implement the proposed project and demonstrate the ability to complete projects or tasks in a timely manner.Demonstrate an understanding of the obstacles that may be encountered in developing and implementing the project and describes,in detail,the approaches that will be employed to overcome such obstacles. A sample timeline is identified below.It can be adjusted and/or amended as required.Be as specific as possible.This timeline will be incorporated into the contract agreement should the project be selected for funding. ALL PROJECT'S WORK SCHEDULE SHOULD NOT EXCEED NINE(9)MONTHS. The Project will commence immediately upon receiving an approved agreement for funding. CRA staff will begin by advertising a solicitation for bids(following the County's Purchasing Policy) in order to enter into contract with a contractor to do the work. Simultaneously, CRA staff will follow Purchasing Policy in order to obtain a firm to provide CEI services. CRA staff will also work with the Right-Of-Way Department to apply for and obtain the required ROW permit. Once selected, the contractor will invoice for work completed monthly and payment will be made promptly.All funds will be expended within the nine month timeframe. • Activities Estimated Completion Date Engineering Design (100%plans)* Completed Collier County ROW Permitting 1 month Bidding 2 months Bid Award 3 months Construction 5 months Project Completion and Final Acceptance including 6 months as-built drawings and ROW permit close-out • • 23 Packet Page -605- 1/14/2014 16.B.1. EXPERIENCE AND CAPACITY (Not to exceed one page) EXPERIENCE the Tertiary Stornrwater Systen The ove has experience in implementing T Triangle Area 'HHVS DRI Grant, South Bayshore e Driiive improvements, Thomason Drive Improvements in the Gateway Triang a Improvements, rennediation of environmental contamination on Bayshore Drive, resurfacing roads and Sn e etsca p Inn P paving residential dirt streets. ', DEMONSTRATION OF CAPACITY. grants.As a Collier County Government entity, the CRA services through several Collier County Purrchasmg. Payment enoof servicesri made For example, the CRA procures es professional serer g Clerk of Court's Finance Department. Grant administration tassist ace is provided by the through the Collier County f great depth of Office of Management and Budget by two accountants who have gr P f experience has internal capacity to administer the proposed project between an interim director who ao is expert t ton project CRA ha management, a project manager who has managed several infrastructure projects projects, residential infill HojeS, st HHVS, stormwater drainage projects, st•eetscape improvement projects, sweet paving projects, etc, and a Operations Coordinator who is well versed ffiu e management. The CRA interim director is well- q ualified and cross-trained to cover all projects for any staff member The CRA submits to a single audit on an annual basis. The are facilitated ated by the CRAmstcoopef oationt�n Collier County behalf of all county government entities. Audit f Purchasing policies and Collier County Clerk of Courts Finance policies.In addition the CRA s submits to other locally sport ing requirements as required, such as monthly reports required by the CDBG/DRI grant program Collier County Housing, Human, and Veteran Services. CM staff has ei ee professional s ls grant d milestones management ttheBCC, and also the CRA staff administers five (5)in house grant award program reports grant. CC. CRA staff has worked with Housing, Human and Veteran Services for two years to administer aster C G/DvaI gr locally. CR4 staff have trained with Collier County Administrate a Servic grants administered sessions provided by Thompson Interactive, including "Purchasing Goods and Services with Federal Grants."The CRA has a Project Manager trained to administer ants w works tCol7 Office of Mrnragenent and Budget to ensure that CRA f ederalgrare adn u'stered properly.the Collier cooperates with the Collier County Purchasing Department and the Collier County Clerk of Court's Finance Department to ensure all local,state, and federal guidelines are followed with respect to vae grants.Systen Improvement Plan The CRA is currently a sub recipient to Collier County to implement the Tertiary This project is located r in the Gateway for the Gateway Triangle Residential Area with a $2.7 million CDBG/DRI grant. P J Triangle Area of Collier County and will benefit a total of 622 beneficiaries in the immediate project area. The CRA is ideally situated to provide programmatic oversight for this grant funded program because of in-house staff and the CRA's agency structure within the greater Collier County Government organization. The CRA relies on Collier County Government agencies to fill out its programmatic capacity.nryCleLe of issues rcesolved with the Collier County Attorney. Accounts payable are forwarded to the Collier and procurement concerns are processed through the Collier County Purchasing Department. • 24 Packet Page-606- ■ 1/14/2014 16.B.1 . FINANCIAL MANAGEMENT AND BUDGET ,, `` Agency maintains the following records: Cash Receipts Journal Yes[X] No Cash Disbursements Journal Yes® No General Ledger Yes No❑ Charts of Accounts Yes No0 Payroll Journal and Individual Payroll Records Yes® No0 Individual Personnel Files Yes No[] Written Procurement Procedures Yes[X] No0 Capital Inventory Yes No0 Written Travel Policy Yes® No0 Property Control Policy and Records Yes No0 Will submit complete audits every year during contract Yes No0 Agrees to retaining all project records for the applicable time period as outlined in applicable regulations Yes No0 ', E F zs Packet Page-607- • 1/14/2014 16.B.1 . FINANCIAL MANAGEMENT AND BUDGET (Not to exceed one page) Outline a realistic plan for sustainability after government support ends.Describe the or an outline for established ealist accounting system and financial ability to fund the project until reimbursement. Provide plan for sustainability after government support ends. This application is requesting funds for making drainage improvements on Pineland Avenue in the Gateway Triangle area of Collier County. There is no required support once the plans are completed, This phase involves the construction of drainage improvements and related Construction, Engineering and Inspection (CEI)services. CRA staff have worked with Housing, Human and Veteran Services for two years to administer a CDBG/DRI grant. CRA staff have trained with Collier County Administrative Services in grants administration through various locally Thompson Interactive, including "Purchasing Goods and Services with Federal administered sessions provided by P Grants." The CRA has a full-time project manager trained to administer grants who works closely with the Collier County Office of Management and Budget to ensure that CRA federal grants re administered County Prokeof' In ntaddition, the e CRA cooperates with the Collier County Purchasing Department and the Department to ensure all local, state, and federal guidelines are followed with respect to grants. The CRA receives eives an annual revenue deposit from the BCC on October 1S` each year. There will be sufficient fiords budgeted to this project to cover expenses during the reimbursement process. The CRA is providing in-kind services:project management(est. $ 19,487.52), meetiingrpaci space, grant administration in a ned engineering plans(provided at no cost to the CRA by Q. Grady Minor). The in-kind c of in detail in the table below. CRA PROJECT MANAGEMENT IN-KIND VALUE Estimated average number Number of of hours per week for weeks in Total in-kind contribution Hourly project management over Phase I of for project management CRA Position Rate life of Phase I of project project of Phase I of project CRA Project Manager $42.82 15 26 $16,699.80 CRA Operations ' 2 26 $1,565.72 Coordinator $30.11 1 26 $1,222.00 CRA Interim Director $47.00 Total 17 52 $ 19,487.52 • 26 Packet Page -608- 1/14/2014 16.B.1 . N i U . ,. i. w ry O q t co 04 'p �. y 0 ca CU �' " oUi e, O CS '>. v 'r U .0*--' q) w a ' O Z! 'CS U O O U = 0 b 10 d4 t U O to 4 • O .Q y K Z 0 .2 ap, E %) z '--4 d U b0 a �, 0 .004, tP a, o °' ti :Ycsow f � � � I 0 h °.) r zo o ark o .� � � .o�'.`' � o, °' ca.) I Z 'may a o °� m o d A, h 0 o Orr o o '� Z o w U t q s. to mac, o o b a' ' L u r., R bo q 0 0 0 0 Zs Cs y " Zr a` Ha o L a .'• "' a '� o t v 0 0• Z Z oE� * 'fit ' Z., to .k d o m '� o C ti Q 0 ,ti � 0 V o U i o o ti R d d t.Cod I tie W � � qZS �. � x .. 000 tu o, 4. Q, o .� 'ZS •c ,? Z to C p,O cs tz... 'O c:, CS ,° 0 of O , O 'o d q ° k q �Y ° `ti 0 c, a, a, - 0, H a w Z ; til o CI tz CZ > F+ d ‘c I 6,4 tosi sin f Z O et ttiFi 11 • o rq W • CI bC COD tu d o o �.2 ? o 00 0 N. I■ o A 6s A o o �, E o a � ,a,0 0 '- Z ti 0, z to CS chi v 0 O Z '� U O o S, A bp S a k3 d 40 :.: L U i. U 'p0 cwi �' U U N 'Ly 1 s O O 'r.' u d V u ,v L. z 0, a., d wA i mhUE E ah ti Packet Page-609- 1/14/2014 16.B.1. ENVIRONMENTAL ISSUES Check the appropriate item to the best of your knowledge as it pertains to the proposed activity. a. Project/property is located on a historical or archeological site. YesD No b. Project/property is in the 100—year flood plain. Yes NoE c. Project/property is in a wetlands area. YesE No d. Project/property is in a coastal barrier area. YesD No e. Project/property is within a half-mile of an airfield. YesO No f. Project/property is near storage or manufacturing facility of industrial products. YesD NoZ g. Project/property is on or near soil contaminated by diesel/fuel or gasoline. YeslJ No h. Is the proposed activity expected to impact the environment in any negative manner or pose a hazard or nuisance? YesD No i. Are any endangered or threatened or listed species located on the proposed project site? YesD No j. Are there any environmental concerns or impediments associated with the proposed activity? If yes,please provide detail. YesO No k. Is the proposed activity expected to adversely affect the environment? YesE No 1. Project/property is on a properly zoned site. If not properly zoned,please explain. Yes No❑ Note: If any of the above items is marked yes, please provide an explanation of how the proposed project is affected and the expected impact on the surrounding environment. Environmental Reviews are required for each project. Once the review is completed it will be reviewed and approved by HHVS,signed by the certifying official and submitted to the DEO for final approval.Be sure to include time and cost of the Environmental Review into the budget and project timeline. With respect to item "b"above, the project area is in a 60+year old neighborhood that was a part of the original City of Naples/Collier County development scheme. Current"slosh models"have since determined that the project area lies within a coastal high hazard area. 28 Packet Page-610- 1/14/2014 16.B.1 . AFFIDAVIT OF COMPLIANCE WITH FEDERAL,STATE,LOCAL REGULATIONS The undersigned certifies that the information in this application is true and correct. The undersigned further certifies that they are aware that if Collier County HHVS finds that the applicant or undersigned has engaged in fraudulent actions or intentionally misrepresented facts on this application,this application will be rejected and the applicant may be unable to participate in any program for three (3)fiscal years. In applying for DRI/DREF funds,the applicant has read,understands and agrees to comply with all the provisions of all federal regulations issued thereto by the U.S.Department of Housing and Urban Development, state and local regulations and laws. 1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block Grant(CDBG)funds. 2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended 5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 -which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e, et. seq. The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 8. 24 CFR 135—Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY,the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the 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." Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project 29 DRI Application Exhibit: Affidavit of Compliance with Federal, St " '" - ' -ns Packet Page-611- 1/14/2014 16.B.1 . The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in project are given to low- and very low- income connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public ro ect is located;income persons residing within the metropolitan area inlowlu.n the CDBG-funded�tdlenn he service area a priority should be given to low- and very low-income where feasible,p Y the project or the neighborhood in ; and a ardreontractsl for work undertaken in connection housing participants in other HUD programs; and paint hazards),(including reduction and abatement of lead-based p provide economic construction,rehabilitation or ( g to business concerns that p construction, or other public construction project should be given to business concerns that opportunities for low- and very low-income persons residing within the metropolitan area in which the°pp°rt where feasible, priority provide economic project is located; low-income residents within the service in other the provide economic opportunities to low- and very neighborhood in which the project is located, and to low- and very low-income participants P� HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by 9. Age D Executive Orders 11375, 11478, Standards Act,40 USC 327-332. 10. Contract Work Hours and Safety 24 CFR 570.614 Subpart K. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5), 12.The Americans with Disabilities Act of 1990 Acquisition Policies Act of 1970,as amended. 13.Uniform Relocation Assistance and Real Property Acq prevailing 1970 as agende d the use of 14.29 CFR Parts 3 and 5 - Regulations which prescribe the payment of he Davis-Bacon w Act. HUD Form apprentices and trainees on federally assisted contracts funded by CDBG. (See 42 USC 276a and 24 CFR 4010 must be included in all construction 135.11(c)). 15.Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. Urban Development Circular Letter 79-45 - 16.Executive Order 11625 and U.S. Department of Housing percentages for participation of minority businesses in Community Development which prescribes goal p g Block Grant Contracts. agrees to comply with the non-discrimination in employment and contracting 17. opportunities SUBRECIPIENT agr opportunities laws,regulations,and executd provisions in CFR 570.607, as of the HCDA are still 1 applicable. Order 13279.The applicable non-discrimination 18.Public Law 100-430-the Fair Housing Amendments Act of 1988• Agreements with Institutions of Higher 19.24 CFR 84 -Uniform Administrative Requirements Or Organizations and specified by the following subsections: Education,Hospitals and Other Non-Profit g • Subpart A-General for Federal Assistance; • Subpart B—Pre-Award Requirements xcept for 84.12,Forms for Applying • Subpart C—Post-Award Requirements,except o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; o Section 84.23,Cost Sharing and Matching; o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTS shall follow 570.504; o Section 84.25,Revision of Budget and Program Plans; o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTS shall follow 570.505; 30 Packet Page-612- 1/14/2014 16.B.1. o Section 84.34(g),Equipment—In lieu of the disposition provisions of 84.34(g)the following applies: mikk • In all cases in which equipment is sold, the proceeds shall be program income (pro- rated to reflect the extent to which CDBG funds were used to acquire the equipment); and • Equipment not needed by the SUBRECIPIENT for CDBG activities shall be - transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; o Section 84.51(b), (c), (d), (e), (f) and(h),Monitoring and Reporting Program Performance; o Section 84.52,Financial Reporting; o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies with the following exceptions: • The retention period referenced in 84.53(b) pertaining to individual CDBG activities shall be four years; and • The retention period starts from the date of submission of the annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award; o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs shall comply with 570.503(b)(7); and • Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures 20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 22. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20°i Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE 31 Packet Page -613- 1/14/2014 16.B.1 . ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION 'I a 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 certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and,that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. States,local governments, and Indian Tribes follow: • A-87 for Cost Principles • A-102 for Administrative Requirements Educational Institutions(even if part of a State or local government)follow: • A-21 for Cost Principles • A-110 for Administrative Requirements Non-Profit Organizations follow: • A-122 for Cost Principles • A-110 for Administrative Requirements 32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG including, but not limited to,the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of 32 Packet Page-614- 1/14/2014 16.B.1. $25,000,must adhere to the CDBG Regulations at 24 CFR 570.505. 34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof This notice is required by § 287.133 (3)(a),Florida Statutes. 35.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, th e undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 36. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD/DEO. 38. Florida Statutes 713.20,Part 1,Construction Liens 39. Florida Statutes 119.021 Records Retention „. Organization Name: Bayshore/Gateway Triangle CRA Name/Signature: Tim Nance (Please Print) (Signature) Title: CRA Board Chairman Date Signed: Approved as to form and legality ATTEST: DWIGHT E. BROCK, Clerk Assistant County A wal,eY By: �-Z\L cQ \�3 33 ,,.x::. Packet Page-615- 1/14/2014 16.B.1 . CERTIFICATION OF DRI/DREF FUNDED CONSTRUCTION/REHABILITATION PROJECTS C If the applicant anticipates using DRI/DREF 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. 2. The County shall not be obligated to pay any funds to the project prior to the completion by the Applicant/Subrecipient of an environmental review of the project and said review is approved by any government agencies as may be required by law. 3. The Applicant will assure all wages paid to construction workers by its or its subcontractors are in compliance with federal, state and local labor requirements. The Applicant agrees to include in the construction bid specifications in connection with this agreement the applicable Federal Wage Determination assigned to this project by HUD.The applicant must also inform the contractor/subcontractors that they will be required to submit documents after a county conducted pre- construction conference and prior to construction. Weekly Davis Bacon reports must be submitted thereafter as required by the federal government. 4. The Applicant agrees to comply with and to assure that its subcontractors comply with the federal Office of Management and Budget(OMB) Circular Number A-102 Attachment E for programs funded in whole or in part of DRI/DREF funds;with federal OMB Circular A-102 Attachment 0 for the procurement of supplies, equipment,construction and services; and with Federal Management Circular A-87; or any other applicable OMB Circular. 5. Pursuant to Section 109 of the Act,the Applicant specifically agrees that no person shall be denied the benefits of the program on the grounds of race,color, sex,religion or national origin. 6. The Applicant agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative action in attempting to employ low income and minority persons,as mandated by law (Section 3). 7. As required by OMB Circular Number A-102 and by Florida Statutes Section 287.055,professional services must be competitively selected. The competitive selection process must include a public advertisement, issuance of a request for application and a competitive review based on uniform criteria. Selection criteria must consider the basic qualifications,professional competence, experience and suitability of each firm. Fees for professional services must be requested as a fixed sum and not stated as a percentage of construction costs. 8. All documents,bid specifications,notices and construction drawings must be submitted for review and approval to Collier County Housing,Human and Veteran Services(HHVS)prior to public advertisement. 9. Any applicable bidding process for construction contracts, based on Collier County's Purchasing Thresholds,must include a formal advertisement,published in the Naples Daily News and the 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 b Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project DRI Application Exhibit: Certification of DRI/DREF Funded Packet Page-616- Construction/Rehabilitation Projects 1/14/2014 16.B.1 . 11.The Applicant agrees rees to submit to the County all documentation of the steps followed in the selection of professional services and construction contracts. in all 12.The Applicant agrees to specify a time of construction and include eliquidaseda am g clause contracts will construction contracts. Cost plus a percentage of cost and percentage 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. that I have read the specific requirements contained in this Certification and that e,hereby acknowledge eligibility of my organization's project depends upon compliance with the requirements contained in this g ty document. li Name of Organization: Bayshore/Gateway Triangle CRA Name/Signature: ' (Please Print) (Signature) Title: Cs, ;+a d ai r!.•n Date Signed: ATTEST: APPrnvad as to form and legality DWIGHT E. BROCK, Clerk By: �istant Cou;^,Attorney 210`13 35 Packet Page-617- A 1/14/2014 16.B.1 . ATTESTATION CERTIFICATION REGARDING DEBARMENT,,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION AGREEMENTS/SUB-AGREEMENTS The Board of County Commissioners adopted a Resolution (2013-228)to establish an application screening criteria for Collier County administered federal and state grants. The resolution refers to employees, board members, etc. of which a subrecipient from having any personal or financial interest in any transaction funded by the HUD program. Collier County Housing, Human and Veteran Services have determined this list of interested parties refer to the following representatives of the non-profit organization: Each Board of Directors members Officers of the Board Executive Director All employees and supervisors that will work on the grant All representatives of the non-profit applying for federal funding are hereby attesting and will follow the following: 1. Each non-profit of federal financial and non-financial assistance that equals or exceeds $100,000 in federal monies must sign this debarment certification prior to agreement execution. Independent auditors who audit federal programs regardless of the dollar amount are required to sign a debarment certification form. Collier County Housing,Human & Veteran Services or its agreement non-profit/contractors will not contract with subcontractors if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this application is submitted. If it is later determined that the signed knowingly rendered an erroneous certification, the Federal Government and Collier County may pursue available remedies,including suspension and/or debarment. 3. The non-profit shall provide immediate written notice to the grant manager at any time the non-profit/contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," " , P g' parson, principal, and "voluntarily excluded, as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal Regulations), Part 76. Contact Collier County Housing, Human and Veteran Services or go to www.HUD.gov website for assistance in obtaining a copy of those regulations. 5. The non-profit further agrees by submitting this certification that, it shall not knowingly enter into any sub-agreement with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract unless authorized by the Federal Government. 6. The non-profit further agrees by submitting this certification that it will require each contractor/subcontractor of agreements and/or contracts referencing this contract whose payment will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with each sub-agreement. 7. Collier County Housing,Human&Veteran Services may rely upon a certification by a nonprofit organization that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting unless the department knows that the certification is erroneous. 8. The non-profit may rely upon a certification by a subcontractor entity that it is not debarred,suspended, ineligible,or voluntarily excluded from contracting/subcontracting unless the non-profit/contractor knows that the certification is erroneous. Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project DRI Application Exhibit: Certification Regarding Debarment, 37 Suspension, Ineligibility Voluntary E Packet Page-618- 1/14/2014 16.B.1. 9, The non-profit has adopted conflict of interest policies and procedures whine be funded.organization on and will provide a copy of such prior to the execution of an agreement should the grant app have conflict of interest policies and procedures they by adopt ope policies/procedures applicable program requirements.r determining when a conflict e of interest exists and disclosing it to the public as required 10. Collier County Housing, Human and Veteran Services will rely on the attestation of this document as true and reliable. However, the County reserves the right to request additional documentation prior to making a final determination. a 11. If funded, and as applicable,the all contractors and subcontractors hired by the non-profit will be required to sign a similar form attesting to the same requirements outlined in this document prior to entering into a HUD sponsor contract. This certification is required by the regulation implementing Executive Order 12549, Debarment and Suspension, signed 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360- Febru a ry 20369). (a) The prospective non-profit certifies, by signing this certification, that neither he nor his principals is presently osed for debarment, declared ineligible, or voluntarily excluded from participation in debarred, suspended, p ro p department or agency. contracting with Collier County Housing,Human&Veteran Services by any federal de P (b) Where the prospective non-profit is unable to certify to any of the statements in this certification, such prospective non-profit shall attach an explanation to this certification. Name of Organization:Bayshore/Gateway Triangle CRA Signature Date Tim Nance,CRA Board Chairman Name and Title of Authorized Individual (Print or type) ATTEST. Appmved as to form and legality DWIGHT E. BROCK, Clerk By. Asst County .ttorney ∎Z\ c 3 38 Packet Page-619- 1/14/2014 16.B.1 . Appendix 1 Income Limits 1 39 Packet Page-620- 1/14/2014 16.B.1. NAPLES FL.FY 2013 MEDIAN FAMILY HUD INCOME GUIDELINES EFFECTIVE December 11,2012 FY FY 2013 2013 4 5 6 7 8 Median Income 1 2 Income Income Limit Person Person Person Person Person Person Person Person Limit Category Area Extremely Low (30%) Income $14,550 $16,600 $18,700 $20,750 $22,450 $24,100 $25,750 $27,400 Limits Naples- Very Low Marco (50%) Island, $65,700 Income $24,250 $27,700 $31,150 $34,600 $37,400 $40,150 $42,950 $45,700 FL Limits MSA Low I (80%) Income $38.750 $44,300 $49,850 $55,350 $59,800 $64,250 $68,650 $73,100 Limits II 40 Packet Page-621- 1/14/2014 16.B.1 . ■ Appendix 2 Low Moderate Income Areas (LMA) In Collier County 41 Packet Page-622- 1/14/2014 16.B.1 . 12 C 1 RESOLUTION NO.2000- 82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO COMMUNITY REDEVELOPMENT; MAKING FINDINGS; FINDING BLIGHTED AREAS EXIST IN THE COUNTY; FINDING THE REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS IS NECESSARY IN N T O BE li THE PUBLIC INTEREST; FINDING A SPECIFIED A REA A BLIGHTED AREA AND A COMMUNITY REDEVELOPMENT AREA; PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has received and considered a report and presentation by County staff and consultant which identified conditions within the boundaries of Collier County In the areas identified,described and depicted on Exhibit"A"attached hereto and made a part of this resolution(the'Area"): and WHEREAS,after having considered the determinations and the facts and evidence of conditions in the Area and has received and considered such other evidence of the conditions In the Area as have been presented to it,the Board of County Commissioners desires to proceed In accordance with the authorization and powers granted by Part III, Chapter 163,Florida Statutes,to establish the necessary means by which redevelopment can be accomplished in the Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Area; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AS FOLLOWS: Section 1. Findings. The Board of County Commissioners does hereby find: (a) Based upon the facts and evidence presented to and considered by the Board of County Commissioners,the following conditions exist In the Area: 1. Conditions are present In the Area that are detrimental to the sound growth of the county and which substantially Impair or arrest the growth within the Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project 4.1) DRI Application Exhibit: 501 (c) (3) IRS Tax Exemption Letter _.___.____ Packet Page -623- — 1/14/2014 16.B.1. 12 c 1 Area,and present conditions and uses in the Area are detrimental to the public health, safety,morals and public welfare;and 2. There is a predominance of inadequate or defective street layout; and 3. There Is faulty and Inadequate lot layout in relation to size, adequacy,accessibility,or usefulness;and 4. There are unsanitary conditions as such relates to the conditions of the sanitary system and there are unpaved and deteriorating roadways resulting In unsafe public conditions;and 5. Them has been a deterioration of site and other improvements; and 6. There is a diversity of ownership or defective or unusual conditions of title,which prevent the free alienability of land. (b) The notices required by Section 163.346,Florida Statutes(1999), have been timely published or mailed in accordance with said statute. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made In the Area. Section 2. Elndino of Nacesslty. The Board of County Commissioners, based upon evidence presented to it and in the public record, does hereby find that one or more"blighted areas"(as defined in Section 163.340(8),Florida Statutes),exist within Collier County, Florida, and,further finds that the rehabilitation, conservation or redevelopment, or a combination thereof, of such area or areas described is necessary in the interest of the public health, safety,morals or welfare of the residents of Collier County,Florida. Section 3, r ^^L Bvelop_me[)t Area. Based upon the facts presented to it and contained in the public record,the Board of County Commissioners does hereby find the Area(as hereinbefore defined)is a"blighted area'(as that term is defined In Section 163.340(8),Florida Statutes(1999),and that such area constitutes a Packet Page-624- 1/14/2014 16.B.1 . 12 C 1 'community redevelopment area as defined in Section 163.340(10), Florida Statutes (1999). Section 4, Conflimts. At resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed, provided, however,nothing herein is intended nor should be applied to affect,repeal,alter,amend or supersede any previous resolutions adopted by the Board of County Commissioners finding any other area or areas within Collier County to be a"blighted area"for purposes of the Community Redevelopment Act. Section 5. Ettebihility. If any section or portion of a section of this resolution, Including any part of the exhibit, proves to be invalid, unlawful, or unconstitutional,it shall not be held to invalidate or Impair the validity,force, or effect of any other section or part of this resolution. Should either area constituting part of the Area or part thereof shall be severed from the Area and the remainder shall constitute the Area for purposes of this resolultion. Section 6. Effective Date. This resolution shall become effective immediately upon its passage and adoption. Section 7. This Resolution adopted after motion,second and majority vote this /Y•4day of lf�,2000 (3'V1_ . ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER • • • ORIDA DWIGHT E.BROCK,CLERK D e . BY �� nQ.. TIMO a!CONSTt E,C R At Attesi as to Chairman's •• sigr♦atpce ca?y. APPROVED AS TO FORM AND LEGAL SUFFICIENCY ijA �J David C.Weigel County Attorney Packet Page-625-- 1/14/2014 16.B.1 . 12c1 EXHIBIT A BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA DESCRIPTION BEG SW CNR SECT 2,TWP 50, RNG 25, N 630',E 662', S 427', E 200',N 270', E TO THE E R/W LINE OF BROOKSIDE DRIVE, S TO THE SW CNR OF LOT 10, SUNSET SUB, E TO THE SE CNR OF LOT 6,SUNSET SUB, S 92',E TO THE NW CRN OF LOT 55, BLK A, ROCK CREEK PARK, N TO THE NW CNR OF LOT 10, BLK B, ROCK CREEK PARK, E TO THE E SECT LINE SECT 2,TWP 50, RNG 25, S TO THE NW CNR OF SECT 12,TWP 50, RNG 25, E 670', S 773', W 200', S 735',W 200',S 990', E 460', S 330', E 972', S 1174', SWLY 481', NWLY 523',W 95', SWLY 730'TO THE NELY RAN LINE U.S.41, CONT SWLY TO THE SWLY RNV LINE U.S.41, NWLY ALG THE SWLY R/W LINE OF U.S.41 TO ITS INTERSECT WITH THE W R/W LINE OF BAYSHORE DRIVE, S TO THE N RAN LINE OF WEEKS AVE,W 761', N 1355',W TO THE W RAN LINE OF PINE STREET, N TO THE SE CNR OF LOT 2,BLK K, INOMAH SUB,W 100', N TO THE N RAN OF WASHINGTON AVE,CONT NWLY AND WLY ALG NLY RNV LINE WASHINGTON AVE TO THE SW CNR OF LOT 2, BLK C, INOMAH SUB,W TO THE W R/W LINE OF FREDRICK ST, N TO NE CNR LOT 9, COC-LEE-TERRACE SUB,W TO THE W SECT LINE OF SECT 11,TWP 50, RNG 25, N TO THE SW SECT CNR OF SECT 2,TWP 50, RNG 25 AND THE POB. AND BEG SE CNR SECT 23,TWP 50,RNG 25, N ALG THE E SECT LINES OF SECT 23 AND 14, TWP 50, RNG 25,TOE'/,CNR SECT14,TWP 50, RNG 25,E TO THE SE CNR LOT 6, CREWS SUB, N TO THE S LINE OF HALDEMAN CREEK, E TO THE SWLY RAN LINE OF U.S. 41, NWLY ALG THE SWLY RAN LINE OF U.S.41 TO ITS INTSECT WITH THE W RAN LINE OF BAYSHORE DRIVE, S TO THE N RAN LINE OF WEEKS AVE,W 761', N 1355',W TO THE W R/W LINE OF PINE STREET, S TO THE S RAN LINE OF MANGROVE STREET,W TO THE NW CNR LOT 14, BLK F, HALDEMAN RIVER SUB, S TO THE N LINE OF HALDEMAN CREEK, SWLY ALG THE N LINE OF HALDEMAN CREEK TO ITS INTSECT WITH THE W SECT LINE OF SECT 14,TWP 50, RNG 25, S ALG THE W SECT LINE OF SECT 14 AND 23,TWP 50,RNG 25, • TO THE SW CNR OF SECT 23,TWP 50, RNG 25, E TO THE SE CNR OF SECT 23,TWP 50, RNG 25 AND THE POB. � F Packet Page-626- �.. . ...._. I.•■•=m............... 1/14/2014 16.B.1 . 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I 7.0111.1,•11,111V1 :111111101111111111 7:111111111111111111. • •i . , -LIF_T-92,4111 1 il RilP,A t....M .M ,r.-7: 1 \f .:1111.1.4 1101M111141MM: 111111110111 i.--, 1 —1111.11111111110.1, ‘91111;11■1r1;1111Z .-- Nl ..., .7.11111111111111111H I.1 .:11•1111111111,.111111 ::=1111111CMS. „ „„ , i ' I L ,,„,,„,,„,•!11 / / 0.........- \ i 1 .• ;- . , •: • 1 I--- 0- . ,o.. . .._ _ __ -.--• . _ - •- Packet Page -627- 1/14/2014 16.B.1 . 1. 2 C ' 1 IMMOKALEE-CO SMNITY REDEVELOPMENT AREA DESCRIPTION OF BEG SEC NW THE SEC 25,TWP SEC 30,TWP,46 THENCE E RNG 29,HL LINE SEC 25 TO NE CRN ALG THE N LINES OF OF SEC 25 AND THE NWCNRO SECTONS 30, 29,28,27,AND 26 TO THE NW CNR OF SEC 25,TWP 46, RNG 29,THENCE S ALG THE W LINE SEC 25 TO THE NW CNR OF THE SW%OF SW%SEC 25,THENCE E TO THE NE CNR OF THE SW Y4 OF SW%SEC 25,THENCE S TO THE S SEC LINE OF SEC 25 AND THE NE CNR OF THE W 36 OF NW' OF SEC 36,TWP 46,RNG 29,THENCE S TO THE SE CNR OF THE W 36 OF NW%SEC 36,THENCE W TO THE W' CRN SECTON 36,THENCE S TO THE SW CNR SEC 36 AND THE NW CNR OF SEC 1,TWP 47,RNG TH THENCE E TO ENCE E TO THE THE NE CNR OF SEC 1 AND THE NW CNR OF SEC 6,TWP 47,RNG 30, NE CNR OF SEC 6,THENCE S TO THE SE CNR O 29,THENCE W THENCE WHO T'/++CNR SEC OF R SEC 6 AND THE SE CNR OF SEC 1,TWP 47, , AND THE N' CNR OF SEC 12,TWP 47,RNG 29,THENCE S TO THE S/CNR SEC 12 AND THE N 1/4 CNR OF SEC 13,TWP 47,RNG 29,THENCE S TO THE CENTER OF SEC 13, THENCE W TO THE W'/•CNR SEC 13 AND THE E'/.CNR OF SEC 14,TWP 47,RNG 29, CONT W TO THE W%CNR OF SEC 14 AND THEE%CNR OF SEC 15,TWP 47, RNG 29, THENCE S TO SE CNR OF SEC 15,THENCE W ALG THE S LINE OF SEC 15 AND 16 TO THE SW CNR OF SEC 16,TWP 47,RNG 29,THENCE N ALG THEW LINE OF SEC 16 AND 9 TO THE NW CNR OF SEC 9,TWP 47,RNG 29 AND THE SE CNR OF SEC 5,TWP 47, RNG 29, THENCE W ALG THE S LINE OF SEC 5 AND 6 TO THE SW CNR OF SEC 6,TWP 47, RNG 29, AND THE SE CNR OF SEC 1,TWP 47,RNG 28,THENCE N TO THE E%CNR OF SEC 1, THENCE W TO THE SHORELINE OF LAKE TRAFFORD,THENCE ALG THE SHORELINE OF LAKE TRAFFORD NELY, NLY, NWLY,WLY, SWLY TO THE INTEERP 46, OF THE LAKE THENCE N TO TRAFFORD SHORELINE AND THE W SEC LINE OF SEC 35, CNR OF SEC THE NW CNR OF SEC 35,THENCE E TO THE NE CNR OF SEC 35 AND THE SW 25,TWP 46, RNG 28,THENCE N TO THE NW CNR OF SEC 25 AND THE P.O B. Packet Page-628- . • 1/14/2014 16.B.1 . 12C 1 ` T 47 5 I T 46 5 xmx' 1 I� ,-I\ v I I / D r E '*t D I I . �� X ( , .� 0 In 1 N gy Z1� o ; \ T J i - I 1 rl _ _ �-i• gg i Ae! W il sv� V O :II III g 0 1 R il r co v F m ii 1 ..../ E I =Et_ g.—' r" ■ .U.■ SR. 29 T ..�( .,! v - E AXON co .� ♦ I �' IBM1�=ate_ , • v m mir��i.R.. ♦! 1/14/2014 16.B.1. 12 C 1 RESOLUTION NO. 2000-83 A RESOLUTION OF THE BOARD OF COUNTY RELATING TO RS OMMUNITY REDEVELOPMENT; DECLARING THE BOARD OF COUNTY COMMISSIONERS TO BE THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY; AUTHORIZING THE CREATION OF ADVISORY BOARDS FOR THE COMMUNITY REDEVELOPMENT AREA;PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners has adopted a resolution finding the existence of one or more blighted areas in the unincorporated area of the County and further finding that the rehabilitation, conservation or redevelopment or combination thereof, in such areas Is necessary in the interest of the public health,safety,morals or welfare of the residents of Collier County,Florida;and WHEREAS, to carry out and implement the redevelopment powers and actions contemplated by Part III,Chapter 163,Florida Statutes,within such areas,it is necessary that a community redevelopment agency be created;and WHEREAS, the Board of County Commissioners desires to serve as the community redevelopment agency and have advisory boards consisting of citizens and property owners in the areas providing advice to the Board concerning the redevelopment of the areas; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY,FLORIDA AS FOLLOWS: Section 1. Findings. The foregoing recitals are hereby adopted and incorporated herein to the same extent as if they were set forth in this section. Section 2, peclaratlon of Board of County Commissioners as Community RedevelopmentAoency. As provided in Section 163.357(1), Florida Statutes (1999), the Board of County Commissioners of Collier County,Florida,does hereby declare itself to be the Collier County Community Redevelopment Agency as an additional duty of office, and does further declare that all the rights,powers,duties, privileges, and immunities vested by Part III, Chapter 163, Florida Statutes(1999) in such a community redevelopment agency are hereby vested in the Board of County Commissioners, subject to all responsibilities and liabilities imposed or incurred. Section 2. Seas : = Lecat Entity. The members of the Board of County Commissioners are the members of the Community Redevelopment Agency,but the members constitute the head of a legal entity, separate, distinct, and Independent from the Board of County Commissioners. Section 3. Creation of Advisory Boards.There are to be created, under separate resolutions by the Community Redevelopment Agency, advisory boards for each component Bayshore Gateway Triangle CRA Pineland Avenue Stonnwater Project DRI Application Exhibit:Articles of Incorporation - -• _ . - Packet Page -630- I 1/14/2014 16.B.1 . 12 C 1 area of the community redevelopment area in the unincorporated area of Collier County,which shall be composed of citizens, residents, property owners and business owners or persons engaged In business In the area, as provided in the resolution of the Community Redevelopment Agency providing for the appointment of such members. The duties and responsibilities of such advisory boards shall be set forth in the resolution of the Community Redevelopment Agency. Section 4. Conflicts. All resolutions and parts of resolutions in conflict with any of the provisions of this resolution are hereby repealed. Section 5. Severebility. If any section or portion of a section of this resolution proves to be invalid,unlawful, or unconstitutional,it shah not be held to invalidate or impair the validity,force,or effect of any other section or part of this resolution. Section 6. Effective Date.This resolution shall become effective immediately upon Its passage and adoption. Section 7. This Resolution adopted after motion,second and majority vote this day of 4/1/1,16_,2000. ATTEST: BOARD OF C. - • •e ' SIONERS DWIGHT'.BROCK,CLERK COLLIER •UNTY,FLORIDA BY: / • 0"6„ Cc. TIM • OT tW.CONSTA y NE,C IRMAN Attest.tit;to Chairman's ignatere eels. APPROVED AS TO FORM AND LEGAL SUFFICIENCY kJ/Li 6 )41.6,11_, David C.Weigel County Attorney 2 _..�. _..._. Packet Page-631- _ _ 1/14/2014 16.B.1 . CRA RESOLUTION NO.2001-98 ilBi A RESOLUTION OF THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY RELATING TO COMMUNITY REDEVELOPMENT;PROVIDING FOR MEMBERSHIP,TERMS,PURPOSE,DUTIES,ORGANIZATION AND RULES OF PROCEDURE FOR THE AGENCY;CREATING THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD;CREATING THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD;PROVIDING FOR MEMBERSHIP,TERMS,PURPOSE,DUTIES,ORGANIZATION AND RULES OF PROCEDURE FOR THOSE ADVISORY BOARDS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE. WHEREAS,the Board of County Commissioners has adopted a resolution finding the existence of one or more blighted areas in the unincorporated area of the County and further finding that the rehabilitation,conservation or redevelopment or combination thereof,in such areas is necessary in the interest of the public health,safety,morals or welfare of the residents of Collier County,Florida;and WHEREAS,the Board of County Commissioners has further adopted a resolution declaring itself as the Collier County Community Redevelopment Agency to carry out and implement the redevelopment powers and actions contemplated by Part III,Chapter 163,Florida Statutes,within such areas;and WHEREAS,the Board of County Commissioners contemplated the creation of advisory boards for each component area of the community redevelopment area in the unincorporated area of Collier County,composed of citizens,residents,property owners and business owners or persons engaged in business in the area;and WHEREAS,the Board of County Commissioners further contemplated the need to establish membership,duties and responsibilities for the Agency and for each such advisory board; NOW,THEREFORE,BE IT RESOLVED BY THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AS FOLLOWS: SECTION 1.Agency Bylaws:That there is hereby adopted bylaws for the Agency setting forth membership,terms,purposes, duties,organization and rules of procedures for the Agency,a copy of which is attached. SECTION 2.Advisory Board:That there is hereby created the"Bayshore/Gateway Triangle Local Redevelopment Advisory Board"and the"Immokalee Local Redevelopment Advisory Board"and bylaws for those Boards are adopted,a copy of which is attached. SECTION .Severability:If any section or portion of a section of this Resolution proves to be invalid,unlawful,or 3 Y P P unconstitutional,it shall not be held to invalidate or impair the validity,force,or effect of any other section or part of this Resolution. SECTION 4:Effective Date:upon its passage and adoption.This Resolution shall become effective immediately SECTIONS: Title Resolution adopted after modes,mood and majority aloft thin alt day off?A01. •9`R �r ' .'t ` COMMUNTTYREDBVELOPMENTAGENCY . tOWt '8ROCIPSECRETARY OFcO11EIR COUNTY,KARMA • • "SY: 6 BY: PAMELA S.MAC'KM AN• Attelt..Ot:too!&fall: llgt stvrt tie. Approved As to Farm and Lsgai Sufficiency *N. 4 I At •.tit Ashton, animate t•Snunev Ali raw and CRA Laval Comte mtel Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project DRI Application Exhibit: By-Laws Packet Page -632- . 1/14/2014 16.B.1 . BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY,FLORIDA ARTICLE I.NAME AND PURPOSE SECTION 1./lame:This Community Redevelopment Agency shall be known as the"Collier County Community Redevelopment Agency"(the"CRA"),established pursuant to Resolution 2000-83 adopted on March 14,2000 by the Board of County Commissioners("BCC")of Collier County,Florida(the"County")pursuant to Part III,Chapter 163,Florida Statutes(the"Act"). SECTION2.Redevelopment Area:The area of operation of the CRA consists of certain geographical areas listed below and for which a redevelopment plan was adopted by CRA Resolution 2000-o1 by the CRA and Resolution 2000-181 by the BCC,and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area.Additional Component Redevelopment Areas may be added under separate resolutions by the CRA after all appropriate findings have been made and a redevelopment plan for those areas adopted by the CRA and BCC,all in accordance with the Act. SECTION 3.purpose;The purpose of the CRA is to undertake and implement improvements as provided for in the Act and the adopted Redevelopment Plan;to promote and create favorable conditions for the development,redevelopment and revitalization of the area of operation of the CRA;and to receive input from its Advisory Boards,authorized by the Resolution No.2000-83,who adhere to separate bylaws adopted specifically for their purposes,and serve to represent the component areas of operation of the CRA. ARTICLE II.COMMUNITY REDEVELOPMENT AGENCY SECTION 1.Function:Article I,Section 3.The CRA is established to carry out those purposes that are outlined in SECTION 2.Authority:The CRA,subject to the provisions of the Act and all other applicable provisions of law,shall have all powers customarily vested in a community redevelopment agency as provided in the Act. SECTION 3.Members and Terms:In accordance with Section 163.357(1),Florida Statutes,the Collier County Board of County Commissioners has declared itself to be the Collier County Community Redevelopment Agency as an additional duty of office. Reference to the members of the CRA as a whole shall be"CRA Board'or"CRA".An individual member of the CRA shall be referred to as a"Commissioner."CRA Board terms shall be simultaneous with terms of members of the Board of County Commissioners. SECTION 4.Vacancies:Appointments to fill vacancies on the CRA shall be filled by the person filling the vacancy on the Board of County Commissioners. SECTION 5.Employees:The CRA may,as it from time to time determines,employ or retain by contract staff,personnel, technical experts,legal counsel,and other such agents and employees,permanent or temporary,as it requires,and determine their qualifications,duties and compensation.The CRA may approve and authorize contracts with the County and other persons, firms and individuals to provide services for and on behalf of the CPA. ARTICLE III.OFFICERS SECTION 1.Officers:The officers of the CRA shall consist of a Chairman,Vice Chairman,and a Secretary,and such officers as the CRA may from time to time create.The Secretary shall be the Clerk of Courts to the Board of County Commissioners,but shall have no vote. SECTION 2.Qualifications:Officers shall be members of the CFA,except that the Secretary may,in the discretion of the CRA,be someone not a member of the CRA. SECTION 3.Role of Chairman The Chairman shall preside at all meetings of the CRA,sign agreements,contracts,and instruments on behalf of the CRA,call special meetings as necessary and shall perform such other duties as are customary for the Chairman. SECTION 4.Role of Vice Chairman The Vice Chairman shall act for the Chairman in the Chairman's absence.The Vice Chairman shall also perform such duties as are delegated by the Chairman. Packet Page-633- 1/14/2014 16.B.1. SECTION 5.Mole of Secretary.The duties of the Secretary will be defined in a written agreement with the Clerk of Courts.Some of the duties may include:(a)keeping the minutes of the proceedings of the meetings of the CRA,(b)providing all notices in accordance with the provisions of these bylaws or as required by law,(c)posting or causing to be posted all meeting notices as required by County procedures and notify members,(d)maintaining custody of the CRA records,(e)attesting contracts and other CRA documents,and(f)in general performing all duties from time to time as may be prescribed by the Chairman of the CRA. SECTION 6.Officer Absences:In the absence of the Chairman and Vice Chairman,the quorum present shall select a Chairman for the meeting. SECTION 7.Election of Officers:Except for the Secretary,officers shall be elected at the Annual Meeting of the Agency.Election requires nomination from the floor and an affirmative vote by a majority of the CRA members present and voting on an annual basis,provided a quorum is present at such meeting.Officers shall be seated immediately upon their election. SECTION 8.Terms of Office:Each officer duly elected by the CRA shall serve a term of one year until the next annual appointment or election.All officers shall hold office until their successors have been elected or until their earlier resignation, removal from office or death.No person may simultaneously hold more than one office on the CRA. SECTION 9.Officer Vacancies:If a vacancy exists in any office,the CRA shall elect a new officer by the affirmative vote of a majority of the CRA members present and voting at a meeting of the CRA,to fill the incomplete term of the vacated office. SECTION to.Removal or Resignation:The CRA may remove an officer at any time with or without cause by the affirmative vote of a majority of the CRA members present and voting at a duly constituted meeting of the CRA.An officer may resign at any time by delivering notice thereof to the CRA.A resignation is effective when the notice is delivered to the CRA unless the notice specifies a later effective date and the CRA accepts the future effective date.The pending vacancy may be filled before the effective date provided that the successor does not take office until the effective date. ARTICLE IV.COMMUNITY REDEVELOPMENT AGENCY ADVISORY BOARDS SECTION i.Function:In accordance with Resolution 2000-83,advisory boards are to be created for each component area of the community redevelopment area in the unincorporated area of Collier County,which shall be composed of citizens,property owners and business owners or persons engaged in business in the area.Separate bylaws for these advisory boards will be adopted by the CRA.These advisory boards will serve as the primary source of community input to the CRA staff and to the CRA itself.Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan,amendments to the Redevelopment Plan,the redevelopment area work program and priorities and their implementation.The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. ARTICLE V.MEETINGS SECTION 1.Meetings:The Board shall schedule meetings as needed to carry out its duties in accordance with these Bylaws and shall follow the procedures outlined in Sections 2-36-2-4!of the Code of Laws and Ordinances of Collier County unless otherwise specified below. a)Annual:An Annual meeting of this Agency shall be held in the month of January of each year,and on the date and at the time and place to be determined by the Board,if other than at a regular meeting. b).Regular:Regular meetings of the CRA shall be held as necessary on either the second or the fourth Tuesday of each month to coincide with the regular meetings of the BCC or on such day as may be determined by the CRA.The CRA meetings will be held at a"time certain"identified on the BCC Agenda. SECTION 2:}fleeting Procedures:The procedures for the meetings of the CRA will follow the procedures outlined for the BCC in Sections 2-36-2-41 of the Code of Laws and Ordinances of Collier County unless otherwise specified below.Meeting notice will be published in accordance with applicable laws. ARTICLE VI.ORDER OF BUSINESS SECTION i.Order of Business:The order of business at regular meetings shall be: (a)Roll Call (b)Adoption of the Agenda Packet Page-634- I 1/14/2014 16.B.1 . (c)Adoption of Minutes from Previous Meeting (d)Communications a.Advisory Board communications b.Other communications (e)Consent (f)Old Business (g)New Business (h)Citizen Comments (i)Adjournment ARTICLE VII.CONTRACTS SECTION 1.bcecution of Instruments:Legal instruments of the CRA shall be executed by the Chairman and attested to by the Secretary with the Clerk of Court's seal affixed thereto.In the absence of the Chairman,such instruments may be executed by the Vice Chairman. SECTION 2.Real Property Acquisition and Disposition:The acquisition,conveyance and leasing of real property by the CRA shall be done in accordance with the Act. SECTION 3.Purchasing Procedures:Purchasing procedures will be in accordance with the Act.If the Act is silent then the procedures will be consistent with those authorized by the BCC for Collier County or such other procedures that the CRA Board may adopt. ARTICLE VIII.FISCAL MATTERS SECTION 1.Fiscal Year The fiscal year of the CRA shall be the twelve year calendar month period commencing on October l and ending on September 3o of the following year. SECTION 2.Financial Reporting.,The Secretary shall maintain financial records of all financial transactions made on behalf of the component areas of the redevelopment area.Staff assigned as liaison to the CRA shall provide a report of the income and expenditures of each component area to the CRA at the annual meeting and as otherwise requested by the CRA. ARTICLE IX.AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. PAk$D,AM CB1C111MD AS TO PA88AOS by the Cellist County Community R.adiwlopin.nt ._• •Ase.D0,04ittft d y of Zogeafa 2031, G e COMMUTOrY REDEYSLOPae7 D. OffidCY it • DW1CHT11.?ROCK,8$CRSTAR.Y OFOOLSIBR COUNTY,MAMA `•• Ity4;*�(e 44 2e RYPA 8.MACIC>S,CRiA Attest as to Chairman's signature only. Approved At to Penn and L*PI 8ulMdwry �d I ANctant Coaaly Anyway and CRA Load Cbuntel 4 BYLAWS OF THE COMMUNITY REDEVELOPMENT AGENCY LOCAL REDEVELOPMENT ADVISORY BOARDS OF COLLIER COUNTY,FLORIDA ARTICLE 1.NAME AND PURPOSE SECTION 1.Name:The local advisory board,one per each component redevelopment area,shall be known as"the name of the component redevelopment area in which the local planning board sits"Local Redevelopment Advisory Board. SECTION 2.Redevelopment Area The area of operation of an advisory board consists of that certain geographical area identified in CRA Resolution 2000-01 by the Community Redevelopment Agency(CRA)and Resolution 2000-181 by the BCC, and referred to therein as the Immokalee Component Redevelopment Area and the Bayshore/Gateway Component Redevelopment Area.Additional redevelopment component areas maybe designated by separate resolutions of the Community Redevelopment Agency of Collier County("CRA")and the Collier County Board of County Commissioners("BCC")after all of NA 1/4 Packet Page-635- 1/14/2014 16.B.1 . appropriate findings have been made and a redevelopment component plan for those areas is adopted by the CRA and BCC,all in accordance with Part III,Chapter 163,Florida Statutes(the"Act"). SECTION 3.purpose.,Each advisory board is intended to be the primary source of community input to the Collier County Community Redevelopment Agency(the"CRA")and to the CRA staff.Each advisory board will consider and make recommendations to the CRA staff and the CRA concerning the Redevelopment Plan,amendments to the Redevelopment Plan, the redevelopment area work program and its implementation and any redevelopment projects proposed for the area of operation of the advisory board.The advisory board functions are advisory only and are to assist with the public input in the local redevelopment planning process. More specifically,the purpose and duties of each advisory board shall be as follows: (a)review the applicable component redevelopment area's redevelopment plan and when necessary recommend to the CRA any changes to the plan; (b)make recommendations to the CRA on plan implementation,including developing an annual work program,setting project priorities,and developing incentives to further the redevelopment efforts and carry out and effectuate the purposes and provisions of the Act in the component redevelopment area; (c)receive input from members of the public interested in redevelopment of the component redevelopment area and to report such information to the CRA;and (d)review and comment on any redevelopment projects proposed in the advisory board's component redevelopment area. ARTICLE II.ADVISORY BOARD SECTION 1.Function;Each advisory board is established to carry out those purposes that are outlined in Article I,Section 3 hereof. SECTION2.Authority:Standing Rules,The advisory board shall be subject to the direct supervision of the CRA Board.The CRA staff shall assist each advisory board and shall serve as the liaison to the CRA Board.Each advisory board may prepare and adopt standing rules specific to that advisory board's component redevelopment area.Preparation,adoption and amendment of any such standing rules shall be at the discretion of the advisory board and must be consistent with these Bylaws,CRA Resolution 2000-01 and BCC Resolution 2000-181 which adopted the Redevelopment Plan,BCC Resolution 2000-83 which declared the BCC to be the CRA and authorized the creation of the advisory boards,the adopted Redevelopment Plan and the Act.Proposed standing rules or amendments to such rules shall be submitted by the advisory board to the CRA for a determination of consistency with all of the above.Any proposed rules or amendments to the rules will be effective upon that determination. SECTION 3.Number of Members:The Board shall have an appropriate number of members to insure adequate representation of all aspects of the community in the component redevelopment area.This number may vary from component redevelopment area to component area.This number may be increased or decreased from time to time as recommended by the advisory board and appointed by the CRA board member for the applicable component redevelopment area.In no circumstances will the number of advisory board members be less than five. SECTION 4.Appointment and Oualifications:The CRA board member from the component redevelopment area shall appoint the advisory board members subject to Article II,Section 5 for the Bayshore/Gateway component redevelopment area and Article II,Section 6 for the Immokalee component redevelopment area.All appointments are subject to approval by the CRA board. Consideration should be given to appointing members that have experience in the following professions:finance,banking, architecture,engineering,education,law enforcement,social work,real estate sales and development;planning or design and building construction. Each member of an advisory board shall engage in business in the component redevelopment area for that advisory board.For purposes of these bylaws,an individual who"engages in business"means an individual who owns real property or a business, practices a profession or performs a service for compensation or serves as an officer or director of a corporation or other business entity so engaged. Any group,committee or board existing at the time of adoption of these Bylaws may present its membership for appointment as long as consideration is given to balancing the advisory board with representatives from the above-recommended professions. SECTION 5.The Bayshore/GatewavTriangle Local Redevelopment Advisory Board Consideration should be given to appointing members of the advisory board for the Bayshore/Gateway component redevelopment area as follows: (a)One(1)Bayshore resident; P (b)One(1)Gateway Triangle resident; (c)One(1)Bayshore business owner; (d)One(1)Tamiami Trail(US41)business owner; Packet Page-636- 1/14/2014 16.B.1 . (e)One(1)Davis Boulevard(SR84)business owner; (f)One(1)Bayshore Municipal Service Taxing Unit(MSTU)representative; (g)One(1)at large representative who resides or engages in business,or both,in the Bayshore/Gateway Triangle Component Redevelopment Area; SECTION 6:Jmmokalee Local Redevelopment Advisory Board:In order to assure a comprehensive approach in the Immokalee community,the Immokalee Enterprise Zone Development Agency as created by the BCC pursuant to Collier County Ordinance 95-22,as amended,shall be the Immokalee Local Redevelopment Advisory Board.The Immokalee Local Redevelopment Advisory Board shall adhere to the provisions of these bylaws,except as otherwise provided by Collier County Ordinance 95-22, as amended. SECTION 7.Application Procedures;Applicants must be residents and electors of Collier County.Residents interested in applying to serve on an advisory board shall submit a letter requesting such appointment and containing a brief resume to the CRA.Guidelines for appointing the members to the advisory board will be consistent with those procedures outlined in BCC Resolution 94-136. SECTION 8.Terms;Except for the Immokalee Local Redevelopment Advisory Board,advisory board members shall serve for two(2)year terms,with no more than two reappointments permitted.However,for purposes of staggering reappointments, three(3)of the initial members will have one(1)year terms as follows:Bayshore/Gateway Local Redevelopment Advisory Board-the Bayshore resident,the Gateway Triangle resident and the at large representative will each serve only a one(1)year term for the first year of the advisory board,with two(2)year terms from then on.The terms for the Immokalee Local Redevelopment Advisory Board will be consistent with the terms set forth in Collier County Ordinance 95-22,as amended. SECTION 9.Vacancies:Vacancies occurring on any advisory board shall be publicized,but need not be advertised,in a publication of general circulation within the county;and vacancy notices are to be posted in the county libraries,the courthouse and on the internet.Appointments to fill vacancies on the advisory board shall be filled by the CRA Board member of the component redevelopment area.The term of an advisory board member appointed to fill a vacancy expires at the time the term of the original member would have expired. SECTION so.Attendance.Removal and Resignation:It is the intent and strong desire of the CRA that there be full attendance of advisory board members at all meetings of the advisory board,recognizing,however,that it may be necessary for board members to be absent from a meeting due to unusual or emergency circumstances.The following requirements are established: 1.Any advisory board member who is absent for more than two-thirds of the advisory board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation from the advisory board.The CRA shall,as soon as practicable after such resignation,declare the position vacant and shall promptly fill the position.The affected advisory board member shall not serve at any meeting after his or her position is declared vacant by the CRA. 2.In the event that any advisory board member is absent from two consecutive advisory board meetings F without a satisfactory excuse acceptable to the advisory board,the advisory board chairman shall state such fact at the next regularly scheduled advisory board meeting and shall thereafter notify,in writing,the CRA of the advisory board member's failure to attend without a satisfactory excuse.The CRA shall review the notification at a CRA meeting and shall declare the advisory board member's position to be vacant if the CRA concurs that the advisory board member was absent from two u[1 o consecutive advisory board meetings without a satisfactory excuse and shall promptly fill that position pursuant to the provisions of Article II, Section 9. 3.For purposes of this Section 1o,attendance means presence at the meeting no later than fifteen minutes after the meeting is called to order as verified by the Secretary on the attendance record. 4. A member may resign at any time by delivering notice thereof to the advisory board and the CRA Chairman.A resignation is effective when the notice is delivered to the CRA Chairman unless the notice specifies a later effective date and the CRA board accepts the future effective date.The pending vacancy may be filled before the effective date provided that the successor does not participate at a meeting until the effective date. SECTION 11.Financial Disclosures:Advisory board members shall comply with the applicable financial disclosure requirements of laws of the State of Florida. ARTICLE III.OFFICERS SECTION 1.Officers;The officers of the each advisory board shall be a Chairman,Vice Chairman,and a Secretary.The Secretary shall be the individual assigned from County staff,but shall have no vote. SECTION 2.Role of Chairman:The Chairman shall preside at all meetings and hearings of the advisory board and shall have the duties normally conferred by parliamentary usage on such office.The Chairman shall call special meetings,serve as the advisory board liaison to the CRA,and shall perform such other duties as are customary for the Chairman. Packet Page -637- 1/14/2014 16.B.1 . SECTION 3.Role of Vice Chairman:The Vice Chairman shall act for the Chairman in the Chairman's absence.The Vice Chairman shall also perform such duties as are delegated by the Chairman. SECTION 4.Role of Secretary;It is the duty of the secretary to(a)keep the minutes of the proceedings of the meetings of the advisory board,(b)provide all notices in accordance with the provisions of these bylaws or as required by law,(c)post or cause to be posted all meeting notices as required and notify members,(d)maintain custody of the advisory board records,and(e)in general perform all duties from time to time as may be prescribed by the Chairman or the advisory board. SECTION 5.Officer Absences:In the absence of the Chairman and Vice Chairman,the quorum present shall select a Chairman for the meeting. SECTION 6.Election of Officers:Except for the Secretary,officers shall be elected annually at the first regular meeting of the year.Election requires nomination from the floor and an affirmative vote by a majority of the advisory board members present and voting,provided a quorum is present at such meeting.Officers shall be seated immediately upon their election. SECTION 7.Terms of Office:Each officer duly elected by the advisory board shall serve a term of one year until the next annual election(or as otherwise determined by the standing rules of the advisory board).All officers shall hold office until their successors have been elected or until their earlier resignation,removal from office or death.No person may simultaneously hold more than one office on an advisory board to the CRA. SECTION 8.Officer Vacancies:If a vacancy exists in any office,the advisory board shall elect a new officer by the affirmative vote of a majority of the advisory board members present and voting at a meeting of the advisory board,to fill the incomplete term of the vacated office. SECTION 9.Removal or Resignation:The advisory board may remove an officer at any time with or without cause by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board.An officer may resign at any time by delivering notice thereof to the advisory board.A resignation is effective when the notice is delivered to the advisory board unless the notice specifies a later effective date and the advisory board accepts the future effective date,the pending vacancy maybe filled before the effective date provided that the successor does not take office until the effective date. ARTICLE ARMILEILMIRCOMIEMZE& SECTION t.Creation:The advisory board may create,from time to time,such subcommittees as shall be necessary or desirable to carry out the functions,purposes,and objectives of the advisory board.Any such subcommittees shall be subordinate to the advisory board,shall be assigned a specific purpose and objective,and shall be given a date certain to complete its tasks,at which time the subcommittee shall be dissolved,unless said date is extended by the affirmative vote of a majority of the advisory board members present and voting at a duly constituted meeting of the advisory board. SECTION 2.Members:The members of such subcommittee shall be elected by the advisory board for such term and shall have qualifications as the advisory board may desire. SECTION 3.Jtemoval,The advisory board may remove any subcommittee member with or without cause by the affirmative vote of a majority of advisory board members present and voting at any meeting of the advisory board. SECTION 4.Rules and Procedures:The subcommittees shall be subject to the same parliamentary procedures as the advisory board and Florida's Government in the Sunshine Law. ARTICLE V.MEETINGS SECTION t.Meetings:Regular meetings of the advisory board shall be held on such day,time and place as may be determined by the advisory board,and at a minimum once a month.The purpose of the meetings is to discuss and to then prepare recommendations and advice to the CRA on matters brought before the advisory board. SECTION 2.Ouorum and Voting:At all regular or special meetings of an advisory board,a majority of the membership of the advisory board shall constitute a quorum.Voting shall be by voice unless a member of the advisory board requests a roll call.The roll shall be in alphabetical order with the first name called rotating with each motion upon which the vote is called.The Chairman shall always vote last.A record of the roll call shall be kept as part of the minutes. SECTION 3.Special Meetings:Special meetings may be called by the Chairman at anytime provided adequate notice is given pursuant to Article 5,Section 4 hereof.The Chairman may also call a special meeting when requested to do so in writing by a majority of the members of the advisory board or by a CRA staff member.The notice of such a meeting shall specify the purpose of such a meeting and no other business may be considered except by unanimous consent of the advisory board.All members of the advisory board shall be notified in advance of such special meetings by the Secretary. SECTION 4.Notice and Publication:The Secretary shall give notice and keep record of such notice of its meetings and the meetings of the subcommittees including the date,time,and location of each regular and special meeting.Notice shall be posted in the county courthouse and other appropriate locations as recommended by the advisory board and to the County Public Information Department for further distribution. SECTION 5.Open Meetings:All meetings of the advisory board or its subcommittees shall be open to the public and governed by the provisions of Florida's Government in the Sunshine Law. SECTION 6.Minutes:The minutes of all meetings shall be promptly recorded,and such records shall be open to public inspection,in accordance with applicable law. SECTION 7.Location:Meetings of an advisory board,or any of its subcommittees,shall be held in a location accessible to the public. SECTION 8.Meeting Agenda;The agenda for each meeting of an advisory board,or any of its subcommittees,shall be outlined by the Chairman and submitted to the Secretary for preparation.Any advisory board member in the case of an advisory board,or a subcommittee member in the case of a subcommittee,may place an item on the agenda by submitting it to the Chairman for forwarding to the Secretary prior to the deadline for publishing the notice of such meeting. SECTION 9.Order of Business:The order of business at regular meetings shall be: (a)Roll Call Packet Page -638- 1/14/2014 16.B.1 . (b)Adoption of the Agenda (c)Adoption of Minutes from Previous Meeting (d)Communications (e)Old Business (f)New Business (g)Citizen Comments (h)Adjournment SECTION 10.To provide for the orderly and efficient conduct of its meetings,each advisory board shall follow Roberts Rules of Order. ARTICLE VI.CONFLICT The provisions of these bylaws shall apply to the Immolcalee Local Redevelopment Advisory Board except as otherwise provided by Collier County Ordinance No.95-22,as amended.It is the intent of the CRA that Collier County Ordinance No.86-41,as amended,shall not apply to the advisory boards. ARTICLE VII AMENDMENTS These Bylaws may be amended at any duly constituted meeting of the CRA by an affirmative vote by a majority of the CRA members present and voting after the proposed amendment has been listed on the agenda and submitted to the CRA for review and discussion. i I Packet Page-639- 1/14/2014 16.B.1 . u hid 4 LI k J , ce H a3 y k 1.�� t' u . 4:1,=...,'_ y y UM' ce LL m .- • T. - ' . a as I :::.„„:4„,,,„„,,:p IStWr 6 t O.:.,, , „...„. .44v •1:„., _ire..„,.,,,„,..04.,,,,4 , (..) ...: .... .., ,.. .:„.. .._ ,„,,, __,,,,,,0:4,,:,:„.._.. e:, ,s , ,„,02._. ,.,.,„ .:„„ :,,,,.,,,,,, ,,,:, .= :,,,,,,,, ,..;,.:„.:.:„.„ %10.04=-..:i g P m 'G ct to a "..:Ti-, Cf — V b Q. lo '0 4 .L g Q .0 h CA Packet Page-640- 1/14/2014 16.8.1. Great-\J �w gL-oovA. Bayshorc Gateway'Maugia Community Redevelopment Agency Bayshore Beautufiutton MSTU Haldeman Creek MSTU The CRA Board of Directors is made up of the Collier County Board of County Commissioners, sitting as the Bayshore Gateway Triangle CRA Board,The Commissioners are: Tim Nance, Chairman of the CRA Board Donna Fiala,Vice-Chairman of the CRA Board Fred W. Coyle Georgia Hiller Tom Henning 1 � Bayshore Gateway Triangle CRA .. Pineland Avenue Storrnwater Project DRI Application Exhibit: List of Board of Directors Packet Page -641- 1/14/2014 16.B.1 . L. JEAN JOURDAN 44011"'St. S.W. NAPLES, FL 34117 (239)207-5457 I have 28 years of experience working within the Collier County Government sector with a solid record of performance and accomplishments,establishing key relationships and institutional knowledge instrumental in facilitating change and making progress. EMPLOYMENT HISTORY: Position:Interim Director Div/Dept Bayshore/Gateway CRA Dates: June 2012 to Present Supervisor: CRA Executive Board Duties: • Leadership,management and administrative oversight of the Bayshore/Gateway CRA and two MSTUs with budgets of 3 to 5 million respectively. • Management and oversight of three(3)Advisory Boards. • Review,revise and implement Zoning Overlays,Redevelopment Plan and Growth Management Plan. • Manage commercial leases on CRA-owned buildings($300,000/year revenue). • Effective provision of beautification and the elimination of slum and blight with redevelopment area comprising 1800±acres. • Devise marketing tools and incentives to stimulate new development and jobs. Position:Project Manager Div/Dept Baysho e/Gateway CRA Dates: October-2006 to Present Director: David Jackson Duties • Manage the planning operation of the Bayshore/Gateway Triangle CRA • Fulfill the organizations supervisory duties in the absence of the Executive Director • Establish specific goals, objectives and strategies to continue physical and economical revitalization of the redevelopment area. • Ensure projects are consistent with the CRA goals and objectives • Responsible for accounting, invoicing, purchase requisitions and monitor receivables for all managed projects • Ensure policy,procedures and statutory requirements are followed and met • Make presentations to Advisory Boards,CRA Board,Board of County Commissioner • Supervise and manage consultants • Review and interpret County Ordinances,Regulations and Laws • Conduct legal research,prepare contracts&legal documents • Work with the County Attorney's Office c' • Prepare Request for Proposals (RFP) to issue solicitations that are clear, concise, and openly 6 y competitive through the Collier County Purchasing Department. p G.) • Staff liaison to appointed and elected bodies,developers, attorneys,public, government agencies and public interest groups and County agencies. " 3 • Prepare, schedule and conduct presentations to government officials, land developers, attorneys, special interest groups and the general public. .c E • Manage CRA owned property leases and rents ., �� of • Review and analyze the effectiveness of the current Overlays and Land Development Codes 3 s. (LDC)regulations and make revisions as deemed necessary .2 • Facilitate rezoning applications and amendments through the public hearing process for approval j a a yr and adoption by appointed and elected boards. (.7 Q ° 04 o • Research property, negotiate acquisition, prepare all legal documents, order & review title o sz..i4 commitments,closings,appraisals and disperse funds W, .c • Serve as liaison on the East Naples Task Force cc ,E 'p a) aAwA 1 Packet Page-642- 1/14/2014 16.8.1 . • Liaison to collier county government agencies,emergency response agencies and the sheriff's department • Manage and implement an in-house grant program for residential and commercial site improvements • Secure all permits for agency functions • Managed MSTU Projects prior to hiring full time Project Manager 1 • Managed CRA grant programs from 2006-2008 • Compile and manage CRA event budgets Current Projects: • Success Rezone 17+acre catalyst site from MH and C-4 zoning to MUP for the future development of a mixed-use cultural facility • Authored and co-authored new land development code regulations to spur neighborhood revitalization and stimulate economic development by permitting cultural opportunities in the area. • Authored innovative Growth Management Plan language to provide for additional means to utilize the underutilized bonus density pool and creating a new PUD provision to permit increased density within the redevelopment area as a tool to provide incentives and spur new investment. • Market and sell 23 residential in-fill lots • Solicit interest for development of Gateway Triangle Properties • Solicit interest of'development of mixed use cultural facility. • I Position:Senior Planner Div/Dept Development Services Dates: February 2000 to October 2006 Director: Randy Cohen • Projects: • I • Collier County East of C.R.951 Study • Collier County Evaluation and Appraisal Report • Collier County Demographic and Economic Profile • Collier County Commercial Inventory • Collier County Industrial Inventory Duties: • Analyze data and analysis • Review rezone applications • Review site development plans • Review PUD documents • Prepare consistency determination • Prepare staff reports • Assist with the Evaluation and Appraisal Report • Assist with the Annual Update and Inventory Report • Prepare technical reports and make written and oral presentations to elected and appointed bodies, development industry and the public Staff Liaison to appointed and elected bodies: • • Board of Collier County Commissioners • Collier County Smart Growth Advisory Board • Collier County Planning Commission Position Senior Specialist Div/Dept Real Property Acquisition Dates: November1997 to February 2000 Director: Sandra Taylor • Projects: • • Right of way acquisition of Golden Gates Estate Boulevard • Acquisition of stormwater management sites 2 • Packet Page-643- 1/14/2014 16.B.1. • Manage county owned inventory Duties: • Served as liaison between property owners,attorneys and government agencies • Legal research and preparation of legal documents • Worked with Collier County Attorney's Office in the preparation of legal documents for acquisition and eminent domain. • Compile data and analysis for targeted acquisition sites • Conduct market and feasibility studies • Negotiate real estate transactions conduct investigative discussions with purported owners or representatives • Prepare and secure all documents necessary to provide clear title • Order and disperse funds at closing • Resolve problems in acquiring property • Knowledge of real estate practice,acquisition procedures,local,state and federal codes;eminent domain laws. • Track all assigned projects through the Division's computer tracking system Position:Lard Appraiser Div/Dept C.C.Property Appraiser Dates: January 1985 to November 1997 Director:John Hamblen Projects;Appraise proper•tJ)for tcct purposes Duties: • Conduct market analysis • Appraise property for tax purposes based on comparable sales. • Evaluate assessments(appraisals)and determine if value is reflective of the market. • Review multi-million dollar accounting reports • Verify property value increases and decreases of Tax Roll. • Prepare and present technical to the Property Value Adjustment Board for filed appeals. • Research and answer all questions and correspondence regarding public inquires, • Train,assign and review data entry personnel and lower level appraisal staff's work. • Make presentations to property owners,attorneys,realtors,etc.to justify tax assessments EDUCATION: Schools and Certifications: American Institute of Certified Planners,AICP Barry University,Legal Assistant Program Florida Institute of Government Courses(State Certified Florida Evaluator Certificate) International Right Away Association(Engineering,Acquisition,Law,Appraisal) Ed Kopler School of Real Estate International Right of Way Association(Right of Way Courses) CPR/AED Certified Safesery Certified Edison Community College(Business Administration and Management classes) SERVICE AWARDS&RECOGNITIONS: Collier County Employee of the Month(July 1999) American PIanning Association's"Award of Excellence"for involvement in the.development of the Rural Lands Stewardship Program. Recogpized by the BCC for service on the Golden Gate Land Trust Committee(1996) Collier County Governments Honors for service on the Support Services Safety Committee(1998-1999) Collier County 25 Year Service Award(January 2010) Collier County Employee of the Monty(March 2011) 3 Packet Page -644- 1/14/2014 16.B.1 . .40/4) 1, ASHLEY CASERTA • f 214 Kirtland Drive O Naples,Florida 34110 D(239) 450-4132 O ashleycaserta®gmaiLcom PROFESSIONAL EXPERIENCE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY—NAPLES,FL TUNE,2010—PRESENT PROTECT MANAGER(FEBRUARY,2013—PRESENT) GRANTS COORDINATOR (JUNE,2010-FEBRUARY,2013) Project Manager and staff liaison for two Municipal Service Taxing Units and the Community Redevelopment Agency. Manage streetscape improvement projects through conceptual design, design, neighborhood meetings and coordination, engineering, construction and post construction wrap-up. Manager of infrastructure repair and replacement projects for the organization.As a grants coordinator, assisted Project Manager for $2 million stormwater project including consultant management, contract management, change orders, grant compliance, field work, file keeping, purchasing coordination, etc. Prepare bid packages and coordinate pre-construction meetings,negotiate scope of services and fees for contracts,administer project budget,coordinate required permitting,administer maintenance contracts. Manage a redevelopment grant program with a$426,000 yearly budget that facilitated in bringing eleven new businesses and 101 new jobs within 2012.Recently applied for and awarded with a$25,000 grant to fund existing redevelopment area improvement grant program. Assist the Executive Director of the County Economic Development Office with special projects as needed, including research and presentations. Assist with Strategic Plan preliminary research for the Collier County Economic Development office. Create and uphold public/private business relationships with community stakeholders.Write and prepare grant applications to Federal,State and Local agencies for projects within i I the CRA, including written project narratives, budget projections, evaluative measures, policies and procedures. Expedite assistance for special or high-profile projects. Act as staff liaison to external applicants applying to CRA through the Tax Increment Financing grants program to improve residential and commercial buildings in the area.Write Executive Summaries for various CRA projects to be heard and presented before the Board of County Commissioners.Meet and brief County Commissioners prior to and after meetings as necessary.Budget preparation for upcoming fiscal years for TIF g rants program and budgeting for other CRA projects.Coordinate with CRA staff,County staff,contractors and community to assist with projects throughout the area having to do with rehabilitation projects,public art,community festivals, property maintenance and as needed. Manage all invoices and accounts for CRA business, including monitoring contractor accountability,file keeping,and assuring timely payments.Reporting to and communicating with Board of County Commissioners,Clerk of Courts,CRA Advisory Board members, various County departments and CRA staff on a regular basis.Respond to all community concerns and act accordingly to resolve. COLLIER COUNTY—DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW SENIOR PLANNER(APRIL 2007-MAY 2010) PLANNER(NOVEMBER 2005-APRIL 2007) Managed internal development projects for Collier County Zoning Department. Review Boat Dock and Street Name Change petitions for compliance with Collier County Land Development Code, including presentations before Collier County Planning Commission and Board of County Commissioners for public hearings. Appeal of public petitions for Boat Dock Extension petitions including presentation and discussion with Board of County Commissioners and Planning Commission. Write staff reports, resolutions and executive summaries,including correspondence with County Attorney's office and other division entities.Manage and review various projects including Site Development Plans,Amendments and Insubstantial Changes,Plats,Zoning Verification Letters,Administrative Variances and Fence Waivers for compliance with the Collier County Land Development Code. Ability to work in a fast-paced team environment and work independently on many projects.Work with Land Development Code and Planned Unit Development ordinances to determine development standards and agreements,Write zoning letters in response to formal inquiries for information. Knowledge of construction, planning and zoning processes and procedures. Conduct meetings with consultants, engineers, landscape architects, developers and public regarding current development and project management issues.Provide research CONTINUED... Packet Page -645- 1/14/2014 16.B.1 . ASHLEY CASERTA PAGE 2 and information to Commissioners upon their request.Ability to communicate effectively both orally and in writing. Assist at front public information counter and in resolving citizen issues as needed. Provide customer service to public with information on Land Development Code and Community Development and Environmental Services Division policies and procedures.Ability to learn quickly and efficiently; thrive in.afast paced,creative environment JACOBS ENGINEERING INTERN(APRIL 2003 JUNE 2003,SEPTEMBER 2003-DECEMBER 2003) Edited ArcView GIS maps. Assisted planners and landscape architects with Growth Management Plan drafts.Prepared PowerPoint presentations for steering committee meetings.Participated in preparation of long-range and current planning efforts and organized charettes and community meetings.Used Adobe Illustrator,Photoshop,Microsoft Excel and Microsoft Word to create reports,charts, graphs and project proposal covers. EDUCATION UNIVERSITY OF CINCINNATI College of Design,Architecture,Art and.Planning-Cincinnati,Ohio BACHELOR OF SCIENCE—URBAN PLANNING PROFESSIONAL DEVELOPMENT Florida American Planning Association- Yearly 3-day state conference Florida Redevelopment Association-3-day state conference FGCU Florida Institute of Governments-Grant Writing Course Collier County Smart Growth Coalition Member REFERENCES Jean Jourdan,Interim Director-Bayshore Gateway Triangle CRA 239-643-1115 David Jackson,Former Executive Director-Bayshore Gateway Triangle CRA 850-481-3196 Michael Sawyer,Project Manager-Collier County 239-252-2400 Ray Bellows,Planning Manager-Collier County 239-252-2400 { Packet Page-646- A 1/14/2014 16.B.1 . Ekna Guevara (239)821-6612 eknaguevara @colliergov.net Objective Continue to grow professionally by providing excellent service in every aspect of my career. Experience • Responsible for any financial actions within the department including;payroll,external&internal payments,travel arrangements,donations received,financial reporting,budget preparation,maintenance and adjustments,when necessary to stay within budget • Maintained a current project schedule inclusive of all employees within the department,each of which had a focus on several priority projects with separate demands&deadlines • Served as a Liaison between departments,staff,customers and committee members by planning,preparing and executing meetings • Co-drafted Ordinances,Resolutions and Departmental Policies and Procedures by researching necessary information pertaining to the particular issue at hand then preparing and submitting a Request for Legal Sufficiency to the Legal Department • Led the development of a new website focused on the enforcement&updating of the Vehicle For Hire Ordinance • Provided information to contractor license seekers.Reviewed and processed applications after ensuring all requirements were met. • Trained Customer Service employees and coordinated the weekly schedule • Analyzed,compiled and profiled data from different sources to maintain&update overall and selected areas of our population database • Participated in the organization and preparation for an annual fund raising event between;media,vendors, and staff • Served as the web master • Conducted housing evaluation visits looking for corrective measures as advised before visit • Created a system to ensure collection of fines as well as enforcement of an ordinance by following through each step of the violation process • Researched and enacted a Gift Certificate program which included the communication between two different software programs Qualifications • 10+years of professional operational/administrative experience • Fluent in Spanish;writing,reading,speaking and translating • Computer literate: Microsoft Office, Internet,Systems Application & Products for Data Processing (SAP), Chameleon,GovMax,Crystal Reporting • State of Florida Notary • Certified Nurse Assistant License holder • Employment Collier County Government,Naples,FL Administrative Assistant 03/05-present Customer Service Specialist 03/01—03/05 Bally Total Fitness,Chicago,IL , ' Assistant General Manager 10/99—10/00 Packet Page -647- 1/14/2014 16.B.1 . • Code: COLLIER COUNTY CRA,FLORIDA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CRA EXECUTIVE DIRECTOR PURPOSE OF CLASSIFICATION The purpose of this classification is to perform highly complex managerial and administrative work by providing direction and oversight to the daily operations of the Collier County Bayshore Gateway Triangle CRA. Work involves directing all activities,programs and projects as well as assisting the CRA Board and CRA Local Advisory Board with the long range planning, organization and direction of the CRA; directing all CRA employees, consultants and contractors; managing special projects, and making final decisions regarding employee terminations and disciplinary actions. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them front the classification if the work is similar,related,or a logical assignment for this ciaislfication. Other duties may be required and assigned. Develops and/or implements broad CRA plans,goals and objectives,performance measures and other strategic business functions. Confers with County Manager regarding CRA activities that involve County employees or Divisions,and other issues pertaining to the operation of County government. Directs the daily operations of the CRA by providing guidance and direction to subordinates. Ensures programs, services and systems support the CRA and County missions.Keeps County Manager apprised of issues regarding the CRA's daily operations. Direct the development,presentation and administration of the CRA budget;oversee the forecast of funding needed for staffing, equipment, materials and supplies; monitor revenues, and expenditures, authorize mid year corrections, Review and approve agency budget amendments;discuss budget issues and developments with CRA Board and Local • Advisory Board; and ensures budget amendments are appropriate, documented and support the CRA's goals and objectives. Issues final rulings regarding all employee terminations and disciplinary actions. Conducts disciplinary/termination hearings; ensures all parties are given fair and equitable opportunities to present information; interprets and explains applicable policies and procedures; determines appropriate action; and issues ruling.Ensures human resources actions comply with state,federal and local regulations,and support CRA/County goals and objectives. Supervises CRA clerical staff and Project Managers. Perfonns administrative duties associated with supervising staff, •to include hiring, assigning work,providing guidance and direction; evaluating performance, and taking disciplinary action as necessary. Coordinates and manages all CRA projects. Identifies resources and staff needed to complete project;develops project plan and schedule;directs committees,tasks forces and other parties assigned to special projects;provides status reports, study findings and recommendations;and oversees implementation of approved plans and initiatives. Represents the CRA to local businesses,community organizations,citizen groups,and the general public. Responds to inquiries and/or complaints from the general public that cannot be resolved by subordinate managers, Page 1 Last Revised:October 2005 Packet Page-648- 1/14/2014 16.6.1 . • • • Bayshore Gateway Triangle CRA Executive Director Operates a personal computer,telephones,copiers and other general office equipment as necessary to complete essential functions,to include the use of word processing,spreadsheet,database,or other system software. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Master's degree in business,public administration or a closely related field preferred but not required;seven to ten years of progressively responsible experience managing CRAs or Tax Increment Financing Districts or municipal departments,programs and operations; or any combination of equivalent education,training, and experience which provides the requisite knowledge,skills,and abilities for this job maybe substituted for education. PERFORMANCE APTITUDES Data Utilization:Requires the ability to synthesize and integrate data for predicting,anticipating,and planning for future events impacting the organization. Includes determining strategic and tactical decisions at the highest organizational levels of authority and responsibility. Human Interaction:Requires the ability to function in a director capacity for a major organizational unit requiring , significant internal and external interaction. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude:Requires the ability to utilize consulting and advisory data and information,as well as reference, descriptive and/or design data and information as applicable. 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 logical or scientific thinking to implement both intellectual and practical relationships. Involves responsibility for consideration and analysis of complex organizational problems of major functions. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in critical and/or unexpected situations involving moderate risk to the organization, Leadership: Requires the ability to provide effective leadership at all levels of the organization and coordinate the activities of the County organization in an effective manner. Customer Service: Requires the ability to respond to the most difficult and sensitive complaints and requests for information in an effective,efficient and professional manner. Financial Accountability: Requires the ability to prepare and submit accurate and timely periodic reports of financial activities which keep the Board advised of financial conditions,program progress and present and future financial needs of the County. Aoliatt Page 2 Last Revised:October 2005 Packet Page-649- 1/14/2014 16.B.1 . yshore Gateway Triangle CRA Executive Director ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work,but which may involve some lifting,carrying,pushing and/or pulling of objects and materials of light weight(5-10 pounds).Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements:Some tasks require the ability to perceive and discriminate sounds 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. Collier County CRA is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act, the CRA/County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. I ! II a I Page 3 Last Revised:October 2005 Packet Page -650- 1/14/2014 16.B.1 . Class Code: 13875 Pay Grade: 22 COLLIER COUNTY,FLORIDA CLASSIFICATION SPECIFICATION • CLASSIFICATION TITLE: PROJECT MANAGER I i PURPOSE OF CLASSIFICATION The purpose of this classification is to manage and coordinate activities of construction projects for an assigned department. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar,related,or a Iogical assignment for this classification. Other duties may be required and assigned. • 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 department management or other officials to review status of department 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 departments,co-applicants,and consultants to prepare application documents;develops programs and reports as required by permit. f. ©DMG-MAXIMUS,INC. Page 1 Last Revised: August,2004 Packet Page -651- • 1/14/2014 16.B.1 . Collier,County,Florida•Project Manager 13875 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 contractors and engineers;coordinates project acceptance with other County departments or government agencies. Prepares executive summaries for presentation to Board of County Commissioners, Planning Commission, or other officials. Provides technical advice, information, and assistance concerning engineering issues, project management issues, design/construction activities, and other issues to contractors, consultants, County staff,public agencies, or others; responds to questions or complaints;assists in resolving engineering problems,project development issues,or conflicts involving project participants;recommends solutions to problems. • Coordinates projects and work activities with other departments, consultants, contractors, sub-contractors, utility companies,state agencies,outside agencies,or others as needed;coordinates with utility engineering staff to identify location of existing utilities and conduct other utility work. Coordinates public education activities relating to department projects, services, and activities; coordinates neighborhood programs involving participation of residents,such as resident traffic teams;speaks to property owners and community organizations and provides information regarding projects and activities;develops press releases and public information materials for distribution. • Participates in legal activities relating to projects;attends hearings during court proceedings and provides depositions; meets with County Attorneys to discuss cases. Prepares/submits requests for review/changes to ordinances or resolutions. Prepares or completes various forms,reports, correspondence, 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 departmental records. Operates a motor vehicle,personal computer,drafting tools, survey instruments,camera,general office equipment, or other equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet, database,graphics,computer-aided design(CAD),e-mail,Internet,or other computer programs. Monitors inventory of department equipment and supplies; ensures availability of adequate materials to conduct projects and work activities;initiates orders for new/replacement materials. ©DMG-MAXIMUS,INC, Page 2. Last Revised: August,2004 Packet Page-652- 1/14/2014 16.B.1 . Collier,County,Florida•Project Manager 13875 Communicates with supervisor, County officials, employees, other departments, 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 departments as needed. Performs other related duties as required. In the event of a declared state of emergency,employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's degree in 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, stonnwater 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. Fingerprinting required. PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and/or influence over others in coordinating • activities of a project,program,or designated area of responsibility. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. ©DMG-MAXIMUS,INC. Page 3 Last Revised: August,2004 Packet Page-653- 1/14/2014 16.B.1 . Collier,County,Florida•Project Manager 13875 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: I � 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. Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act,the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. ©DMA MAXIMUS,INC. Page 4 Last Revised: August,2004 Packet Page-654- 1/14/2014 16.B.1 . Class Code; 91004 Pay Grade: 19 • COLLIER COUNTY,FLORDIA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: OPERATIONS ANALYST PURPOSE OF CLASSIFICATION The purpose of this classification is to coordinate special projects and conduct research and analysis of various departmental functions and operations. Work at this level is of a responsible,technical or professional level relative to a supporting role in the management of a division, department,or operation,but without supervisory or managerial responsibilities.All authority and autonomy inherent in this classification is at the discretion of and delegated by a Department Director or Division Administrator. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar,related,or a logical assignment for this classification. Other duties may be required and assigned. Conducts operational and legal research,productivity analyses and management studies to assist in the management of > , departmental operations,programs,and services:compiles and/or monitors various administrative,legal and statistical data pertaining to divisional operations;researches information pertinent to task or project;analyzes data and identifies trends;prepares or generates reports;prepares legal documents and agreements;makes recommendations for changes in policies and procedures to improve operations, provide more responsive service, and/or optimize the use of resources; and develops recommendations for changes in departmental policies and procedures;and provides technical assistance and information to management to aide decision making. Performs financial reviews and analyses for the department:compiles and evaluates operational data and cost histories; monitors and reviews billing activities, expenditures, and financial reports; conducts detailed cost analysis; makes recommendations to improve cost and operational effectiveness;and participates in budget development. Coordinates special projects for the department,including the planning,design, implementation,and evaluation of moderate construction/maintenance projects, management studies, introduction of new programs, and various professional services: assists in defining the scope of the project; identifies and recommends proper allocation of • financial, material, and human resources committed to the project; formulates solutions and resolves problems; facilitates implementation of the project;and provides administrative support to the project as needed.Work at this level is usually relegated to coordination of the department's participation in major,county-wide projects,and serves in a secondary or subordinate role to the designated construction manager for large capital improvement projects. Oversees professional contractors and/or consultants providing services for projects: participates in the evaluation and selection of contractors/consultants; interfaces with and monitors the contractors/consultants to ensure timely and quality completion of project;facilitates cooperation with the project throughout the organization;and provides information and support as needed. Assists the department managers with strategic and long-range planning for departmental operations:participates in planning efforts at the local and regional level;keeps Director apprised of developments at the state and federal level hat impact the department; monitors pending legislation for impact on operations; oversee compliance with new legislation. Administers grants for various state and federally funded programs: compiles and submits grant applications; researches funding sources and program opportunities;assists departments with grant activities;monitors and ensures compliance with all requirements for awarded grants. ©DMG-MAXUAUS,INC. Page 1 Last Revised: September,2011 Packet Page -655- 1/14/2014 16.8.1 . Collier County,Florida•Operations Analyst 91004 Responds to complaints and questions related to county or department operations,activities,or other issues: responds to county manager and/or board of county commissioners inquiries or complaints as requested,provides information, researches problems,and initiates problem resolution;and works with supervisors and managers to ensure effective communication,coordination and cooperation across units, Represents the administrator,directors and department at various meetings,functions,and events:serves as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from the state, authorities, and commissions; provides information about departmental operations;participates in discussions and decisions;and keeps the director apprised of activities, ADDITIONAL FUNCTIONS Performs other related duties as required. In the event of a declared state of emergency,employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's degree in Public/Business Administration, operations research, a field related to assigned operation, or equivalent technical experience and certification;supplemented by three years of experience in area of assignment;or any equivalent combination of education,training,and experience which provides the requisite knowledge,skills,and abilities for this job.Understands governmental laws,regulations and policies. Must possess and maintain a valid Florida Driver's License with any applicable endorsements and maintain eligibility requirements and endorsement(s)to drive a County vehicle as provided in CMA 5805. Fingerprinting required. • • PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and/or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction:Requires the ability to apply principles of persuasion and/or influence over others in coordinating activities of a project,program,or designated area of responsibility. Equipment,Machinery,Tools,and Materials Utilization: Requires the ability to operate,maneuver and/or control the actions of equipment,machinery,tools,and/or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference,descriptive,advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages;the ability to utilize principles of fractions;and the ability to interpret graphs. ;Functional Reasoning: Requires the ability to apply principles of rational systems; to interpret instructions furnished in written,oral,diagrammatic,or schedule form;and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment,decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. ©DMG-MAXIMUS,INC. Page 2 Last Revised: September,2011 • Packet Page-656- 1/14/2014 16.8.1 . i Collier County,Florida•Operations Analyst 91004 Leadership: Requires demonstrated ability to guide the division business plan,represents the administrator,directors F and department at various meetings;serves as a liaison to various committees,confers with the commissioners and managers office regularly;provides information about departmental operations,procedures and policies;and assist in staff training or mentoring as the situation may dictate. Customer Service: Requires the ability to recognize and promote support for internal and external customer needs; ! exercise judgment to resolve problems, issues and questions that arise; demonstrates an ability to be flexible and sensitive within governmental policies and procedures to internal and external customer needs and concerns. Financial Accountability: Requires the ability to analysis various operational data;makes recommendations to improve cost and operational effectiveness;and participates in budget development when necessary. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert light physical effort in sedentary to light work,but which may involve some Iifting,carrying,pushing and/or pulling of objects and materials of light weight(5-10 pounds).Tasks may involve extended periods of time at a keyboard or workstation. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds,visual cues or signals. Ji Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental i conditions,however some field work with exposure to minor environment conditions may be a function of assignment, i • Collier County is an Equal Opportunity Employer.In compliance with the Americans with Disabilities Act,the County will provide reasonable accommodations to qualffied individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. 1 004:,. ©DMG-MAXIMUS,INC. Page 3 Last Revised: September,2011 Packet Page-657- • 1/14/2014 16.B.1 . 1 FISCAL YEAR 2013 BOARD OF COLLIER COUNTY effective 03/3112013 COMMISSIONERS PAY AND CLASSIFICATION PLAN Exhibit 1 MATCH GRADE TITLE I1�IN MKTPT MAX POINT I j Blue Plan Non Exempt-Hourly 1 58.4400 $10.5500 $13.1875 $11.6050 Exempt-Annual None 2 58.8620 $11.0775 $13,8469 512.1853 Exempt•Annual None 3 59.3051 $11.6314 514.5393 512.7945 Exempt-Annual � I None 4 RECREATION WORKER-SEASONAL 59.7704 512.2130 515.2662 $13.4343 Exempt-Annuat None 5 !ion Exempt-Hourly CHILDCARE WORKER 510.2485 512.8106 316.0132 514.0916 COURIER 510.2485 512.8106 516.0132 514.0916 LIFEGUARD 510.2485 512.8106 516.0132 $14.0916 PARKS&RECREATION ATTENDANT $10.2485 312.8106 316.0132 514.0916 Exempt-Annual None 6 Non Exempt-Hourly None Exempt-Annual j I None Page 1 of 18 Packet Page-658- 1/14/2014 16.8.1 . , MATCH ORADE TITLE II MICTPT MAX POINT 18 Exempt-Annual(con'tq CASE MANAGER $45,446 $53,466 $66,833 $58,813 CHEMIST $45,446 $53,466 $66,833 $58,813 EDITORNIDEOGRAPHER $45,446 $53,486 $68,833 $58,813 ENVIRONMENTAL SPECIALIST $45,446 $53,466 s $66,833 $58,813 EVENTS AND MARKETING COORDINATOR $45,446 $53,466 $66,833 $58,813 FIELD SUPERVISOR,SENIOR $45,446 $53,466 $66,833 $58,813 FILM AND ENTERTAINMENT INDUSTRY LIAISON $45,446 $53,486 $68,833 $58,813 GRAPHICS SPECIALIST $45,446 $53,466 $68,833 $58,813 LIBRARIAN,SENIOR $46,448 $53,468 $68,833 $58,613 PLANNER $45,446 $63,466 $68,833 $58,813 PROPERTY ACQUISITION SPECIALIST,SENIOR $45,446 $53,486 $66,833 $58,813 PUBLIC INFORMATION COORDINATOR $46,446 $53,466 $66,833 $58,813 SUPERVISOR-OPERATIONS $45446 $53,486 $66,833 $58,813 VETERAN SERVICES OFFICER $45,446 $53,466 $66,833 $58,813 19 Pon Exempt-Hourly CODE ENFORCEMENT SPECIALIST $23.1948 *27.2880 $34.1100 $30.0168 PLANS REVIEWER $23.1948 *27.2880 *34.1100 $30.0188 SUPERVISOR-ANIMAL CONTROL $23.1948 *27.2880 $34.1100 $30.0188 TECHNICAL SUPPORT PROFESSIONAL $23.1948 $27.2880 $34.1100 $30.0168 Exempt•Annual ACCOUNTANT $48,246 $56,759 $70,949 $62,435 CAD TECHNICIAN $48,245 $58,759 $70,949 $62,435 ECONOMIC RESEARCH ANALYST $48,245 $58,759 $70,949 $62,435 ENVIRONMENTAL SPECIALIST,SENIOR $48,245 $56,759 $70,949 $62,435 EXTENSION AGENT $48,245 $56,759 $70,949 $62,435 HUMAN RESOURCES GENERALIST $48245 $56,759 $70,949 $62,435 IMPACT FEE ANALYST $48,245 $58,759 $70,949 $62,435 LABORATORY QUALITY ASSURANCE SPECIALIST $48,245 $58,759 $70,949 $62,435 MANAGEMENT/BUDGET ANALYST $48,245 $56,769 $70,949 $62,435 OPERATIONS ANALYST $48,245 $56,759 $70,949 $62,436 tVQ-O PLANNED UNIT DEVELOPMENT(PUD)COORDINATC $45,245 $56,759 $70,949 $62,435 Page 8 of 18 Packet Page-659- 1/14/2014 16.B.1 . GRADE TITLE MIN MAX MATCH POINT 22 Exempt-Annual(con'll GIS PROGRAMMER ANALYST,SENIOR $55,795 $65,641 $82,051 $72,205 GRANTS DEVELOPMENT&MGMT COORDINATOR $55,795 $65,641 $82,051 $72,205 LIBRARY AUTOMATION SPECIALIST $55,795 $65,641 $82,051 $72,205 MANAGEMENTIBUDGETANALYST,SENIOR $56,795 $65,641 $82,051 $72,205 MANAGER-ENVIRONMENTAL COMPLIANCE $55,795 $65;641 $82,051 $72,205 MANAGER-FEOVSTATE GRANTS OPERATIONS $55,795 $65,641 $82,051 $72,205 MANAGER-GROUP INSURANCE $55,795 $65,641 $82,051 $72,205 MANAGER-IRRIGATION QUALITY $55,795 $66,641 $82,051 $72,205 MANAGER-REVENUE $55,795 $85,641 $82,051 $72,205 MANAGER-RISK FINANCE $55,795 $65,641 $82,051 $72,205 MANAGER-SCUD WASTE OPERATIONS $56,795 $65,641 $82,051 $72,205 MANAGER-VETERAN SERVICES $55,795 $65,641 $82,051 $72,205 MANAGER-WASTE REDUCTION AND RECYCLING $55,795 $65,641 $82,051 $72,205 MANAGER-WIWW ENVIRONMENTAL COMPLIANCE $55,795 $85,641 $82,051 $72,205 MANAGER-WELI-NESS PROGRAMS $55,795 $65,641 $82,051 $72,205 NETWORK ADMINISTRATOR $55,795 $65,641 $82,051 $72,205 OPERATIONS ANALYST,SENIOR $55,795 $65,641 $82,051 $72,205 PLANNER,PRINCIPAL $55,795 $65,641 $82,051 $72,205 PROJECT MANAGER $55,795 $65,641 $82,051 $72,205 O1,123;46°"11 C � SENIOR SUPERVISOR-LIBRARY $65,795 $65,641 $82,051 $72,205 SIGNAL SYSTEMS NETWORK SPECIALIST $55,795 $65,641 $82,051 $72,205 SITE PLANS REVIEWER $55,796 $65,641 $62051 $72,205 SUPERVISOR-ACCOUNTING $55,795 $65,641 $82,051 $72,205 ga Non Exempt-Hourly None j I Exempt-Annual EMERGENCY MANAGEMENT COORDINATOR $58,585 $68,924 $86,165 $75,816 EXECUTIVE MANAGER TO THE BCC $58,585 $68,924 $86,165 $75,816 HUMAN SERVICES PROGRAM MANAGER $58,585 $68,924 $65,155 $75,816 LEGISLATIVE AFFAIRS COORDINATOR $58,585 $68,924 $86,155 $75,816 MANAGEMENT AND OPERATIONS CONSULTANT $58,585 $66,924 $88,155 $75,816 MANAGER-CONTRACTS ADMINISTRATION $58,585 $68,924 • $86,155 $75,816 I - I ' I � Page 11 o(18 Packet Page -660- __..... ... ...._„....._ 1/14/2014 16.B.0100k1 . 1 1 20 ,,, i- illi1/ ( iirt ' i , II ' , / , p_ i ..„, i., /(141,././a741/(,,, / 71'(,1,71/7. /-17 ..„,,•_, _‘,.:-•,,,,,,ik ..,_ .. i , --- )r-r);""). 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PpiRinelAanpdpAcvaetititt:: Stormwater Project // Exhibit: Preceding 3-year a management and findings dits Packet Page -661- 1/14/2014 16.B.1 . 1 ro W V Q g fffl]]]N if M G Gil IN ! ill115 — Ili }A 14 if 113 j°1 s ii 1 ti ��� :1! 1:011 � Y� k e�� q fi tAti ii- lii vl gp t ;8 .- 1. . WF i li t lin O Y pa `, 4 as i 2 I V, 1.42 8E110 WE T I E _ li a. WINIMMIL g y F 4 Z Q p y cp , t Q a ap al 'W not Pi Unt: WE II 6 j1;F /gi itv_F it 1 Packet Page-662- 1/14/2014 16.B.1. I COLLIER COUNTY,FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS SEPTEMBER 30,2012 Special Revenue Funds Bayehore Gateway Immokalee Community Community Road Redevelopment Redevelopment Unincorporated Districts Agency Agency Area MSTD ASSETS Cash,cash equivalents and investments $ 2,509,130 $ 1,160,009 $ 424,871 $ 9,154,819 Receivables: Interest 3,265 1,449 670 11,116 Trade,net 30,703 - 193,897 Notes - . - - Special assessments - - - - Due from other funds 1,483 280,839 423,961 251,659 Due from other governments 334,936 - - 376,696 Inventory for resale - 13,504,133 - 201,646 Inventory - - Advances to other funds - - - - Total assets $ 3,081,163 $ 14,946430 $ 849,502 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 631,299 577,112 183,504 1,067,839 Wages payable 135,158 3,704 6,923 203,553 Due to other funds 19 - 355 12,121 Due to other governments 109 1,050 - 5,494 Due to Individuals - - - - Deferred revenues 30 18,837 - 1,710 Refundable deposits - - - 2,783 Retainage payable - 20,635 242,670 - Advances horn other funds - - - - Total liabilities 766,615 621,338 433,452 1,293,500 Fund balances(deficits): Restricted - 14,325,092 416,050 - Committed - - - 8,694,587 Assigned 2,314,548 - - - Unassigned - - - - Total fund balances(deficits) 2,314,548 14,325,092 416,050 8,694,687 i Total liabilities and fund balances $ 3,081,163 $ 14,946,430 $ 849,502 $....949M11=.1 See accompanying Independent auditor's report 82 Packet Page -663- 1/14/2014 16.B.1 . 1 I COLLIER COUNTY,FLORIDA COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES I NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2012 Special Revenue Funds Bayshore I Gateway immokalee Community Community Road Redevelopment Redevelopment Unincorporated Districts Agency Agency Area MSTD ;f Revenues: Taxes $ - $ 996,100 $ 354,600 $ 30,624,102 Licenses,permits and impact fees 311,075 - - 220,954 Intergovernmental 2,296,693 - - - Charges for services 207,081 467,551 2,915,958 2,564,854 Fines and forfeitures - - 423,673 Interest Income 12,356 10,560 3,302 81,377 Special assessments - - - i Miscellaneous 49,597 306,397 - 221,955 Total revenues 2,876,802 1,780,608 3,273,860 34,136,915 Expenditures: Current; General government - - - 6,014,664 Public safety - - - 4,016,140 Physical environment - • - 658,761 Transportation 16,352,927 - - 9,731,081 Economic environment - 911,973 756,090 102,528 Human services - - - Culture and recreation - - - 10,308,376 , Debt service: • Prindpal - - - - Interest - - - - Fiscal charges - - - - Capital outlay 86,188 778,732 2,835,851 156,100 Total expenditures 16,439,115 1,690,705 3,591,941 30,987,650 Excess(defidency)of revenues over(under)expenditures (13,562,313) 89,901 (318,081) 3,149,265 Other financing sources(uses): Bonds issued - - - Premiums on bonds Issued - - - Payment to refundinging bond escrow - - - - Capital leases - - - - Sale of capital assets 750 - - - Insurance proceeds 155,415 - - 61,059 Transfers In 13,842,300 136,800 76,000 644,087 ) Transfers out (397,576) (1,400,000) - (4,947,729) ' Total other financing sources(uses) 13,600,889 (1,263,200) 76,000 (4,242,583) Net change In fund balances 38,576 (1,173,297) (242,081) (1,093,318) Fund balances(deficits)at beginning of year 2,275,972 15,498,389 658,131 9,788,005 j • Fund balances(deficits)at end of year $ 2 14,548 ,$ 14,325,092_ y$ 416,050 $ 8,694,687 See accompanying independent auditor's report • 92 Packet Page -664- 1/14/2014 16.B.1 . • COLLIER COUNTY,FLORIDA COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2012 Debt Service Funds Conservation Radio Road East Collier Community Forest Lakes Limited General Limited General Redevelopment Limited General Obligation Bonds Obligation Bonds Taxable Note Obligation Bonds Revenues: Taxes $ - $ 4,572,927 $ - $ 366,503 Licenses,permits and Impact fees _ - - Intergovernmental - - - - Charges for services _ - _ Fines and forfeitures - - - - Interest income 17 4,364 7,424 1,539 Special assessments _ - - Miscellaneous - - - - Total revenues 17 4,577,291 7,424 368,042 Expenditures: Current: General government - - - Public safety - - - - Physical environment - - - Transportation - - - Economic environment - - - Human services - Culture and recreation - • - -,... Debt service: Principal 11,573 4,575,000 900,000 365,000 Interest 4,697 354,625 413,654 192,369 Fiscal charges 20,906 275 - 2,835 Capital outlay _ - - - Total expenditures 37,176 4,929,900 1,313,654 560,204 Excess(deficiency)of revenues over(under)expenditures (37,159) (352,609) (1,306,230) (192,162) Other financing sources(uses): Bonds issued - - Premiums on bonds Issued - - - - Payment to refunding bond escrow - - - - Capital leases - - - i Sale of capital assets - - - - insurance proceeds - - - - Transfers in 60,800 952,183 1,400,000 504,375 Transfers out - (465,165) - (13,390) Total other financing sources(uses) 60,800 487,018 1,400,000 490,985 Net change In fund balances 23,641 134,409 93,770 298,823 Fund balances(deficits)at beginning of year - 314,630 1,586,081 87,118 Fund balances(deficits)at end of year $ 23,641 $ 449,039 $ 1,679,851 $ 385,941 See accompanying independent auditor's report 98 Packet Page-665- 1/14/2014 16.B.1 . 1 VIfFifq r5 ,1 i 7{"'�Y� �t7f 1 � 14.■114.:;. w` �•r 4401 f ,, !,.,.. •,., , (,p. i,.,: 6, , I'It hr.j1` • I fie.,4 '{jA. •7g,',�'•';y I ����, � �II�sJJ }* ��'+� I :1 2, y� F i� 'Rt. �Lgt I.� j�1 } •/r•r le;‘,443.,(..‘•, - /' " ,•1y r „ r 1`r ."j , .i}r, e, phi �t}iT Ft t L -:..,t }s' ;t, �f•. f 1�' '. , 1/fi' f'' ( '- * , ,{f 1 �,V.‘).'”,� f fAjyt in 44.'-' fit r a ,. 1` ,, i r j • r /Yr Jr, r•`,X .`F� f _! •S', 0I .I .4 / y • �•.�S'•r, %j l�r. iI C r R . ,.. 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A'ie f i ro ` ,� r Collier County Florida I Comprehensive Annual Financial Report Year Ended September 30. 2011 Packet Page -666- 1/14/2014 16.B.1 . • . . . Ammit,i •:,„...„ ......, . ......_ \ ,._. lit II . — t 10 ifi 1111 Oil a — igz —re2j1E 'All 'Pi ' Ill 2 /N L.....-..---- 4•111•11111L , Jr ift .....„ ..., i.„ 11 1 ci wm.....m.. 118 1112 .04 IV mag 1 111 14 i ig IVA / -- iii — 111> gT Witi.ci 34g i Ili li =. If Xr — In I I 88 I ; se, ...., 2 ---- —at_ glz 1 k, g : 2 fi- III III __ 1. I . . . r ,. ., !1.1 . ".4 m d i 0,1 i . I .. . . ki !II in 0 ,, i , g2t041 11 I 11 1 t C gl 1 Z N eqU 1 IP g 41444 ....- .go .ge. 1111 . — I 111. Pi • _tt at . weimmi_ 1 t 11 '1A 1 1 :4 a ft f i if oi a ill IA 1111 6 i VIIMMM.- W ' 1 YIP — '-'"- . %., if ial L2 gi 3 Fo II° ?tg 1 J4 11 _ Ip igA A 1 1 A III AL& u.„ :Ili 1'V 1 rtV ....m., : Fs M!! • otm gs t i . 1 Et 41 g.. i IT., 11 r , , 1 ii T 4 li gl.t 11 t;on 1 il V. ta'5 1 i o ilti 2 T ligi ft I 2=121 Jia ill.-1 : . : SE 1 is ilsi iv 1 1 i 1 111 24=1- lw 9 Packet Page -667- -- 1/14/2014 16.B.1 . COLLIER COUNTY,FLORIDA COMBINING BALANCE SHEET NONMAJOR GOVERNMENTAL FUNDS i SEPTEMBER 30,2011 j Special Revenue Funds i I Community ' Road Redevelopment Unincorporated Community Districts Agency Area MSTD Development ASSETS Cash,cash equivalents and Investments $ 2,463,773 $ 2,653,626 $ 9,984,110 $ 7,198,544 Receivables: Interest 3,391 3,319 14,972 7402 Trade,net 22,110 221,010 80,558 Notes - - - - Special assessments - - - - Due from other funds - 79,673 321,712 - Due from other governments 179,657 - 436,757 • 44,524 Inventory for resale - 13,S04434 Advances to other funds - - - - Prepaid costs - - - - Total assets �$ 2,668,931 $ 16,240,752 $ 10,978,56i ..$2433.02.1, I j LIABILITIES AND FUND BALANCES Liabilities: Accounts payable 247,349 50,464 958,943 93,626 Wages payable 145,500 14,330 210,544 114,536 ,Due to other funds 20 18,178 16,495 527 , Due to other governments S0 1,260 2,724 787,903 Due to Individuals - - - 1,831 Deferred revenues 40 - - - Refundable deposits - - 1,850 61,785 • Retainage payable - - - Advances from other funds - 1,150,000 I Total liabilities 392,959 84,232 1,190,556 2,210,208 I Fund balances(deficits): Restricted - 16,156,520 - • Committed - - 9,788,005 5420,520 Assigned 2,275,972 - - - Unassigned - - - i Total fund balances(deficits) 2,275,972 16,156,520 9,788,005 5,120,520 j Total liabilities and fund balances $ 2,665,931 $ 16,240,752 $ 105978,561 $ 7,330,728 I • See accompanying Independent auditor's report . I . 80 ..... Packet Page -668- - 1/14/2014 16.B.1 . COLLIER COUNTY,FLORIDA COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES NONMAJOR GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2011 i Special Revenue Funds I I Community Road Redevelopment Unincorporated Community Districts Agency Area MSTD Development Revenues: Taxes S - $ 1,768,200 $ 32,224,934 $ - Licenses,permits and Impact fees 359,900 - 204,429 10,103,056 Intergovernmental 2,361,101 - - - Charges for services 192,723 557,142 2,394,672 2,082,657 Fines and forfeitures - 237,246 Interest income 13,575 25,668 135,309 43,913 Special assessments - - - - Miscellaneous 198,538 376,949 323,607 75,793 Total revenues 3,125,837 2,727,959 35,520,197 12,305,419 Expenditures: Current: General government - - 5,989,841 2,610,902 Public safety - - 4,139,377 6,786,365 Physical environment - 768,196 279,635 Transportation 18,292,554 - 10,746,659 - Economic environment 2,026,788 120,360 - Human services - - - - Culture and recreation - - 10,407,487 - Debt service: Principal - - - - Interest - - - • Fiscal charges - - - - Capital outlay 113,955 487,350 150,110 2,300 Total expenditures 18,406,509 2,514,138 32,322,030 9,679,202 Excess(deficiency)of revenues over(under)expenditures (15,280,672) 213,821 3,198,167 2,626,217 Other financing sources(uses): Bonds Issued - - - - Premiums on bonds Issued - - - - Payment to refundinging bond escrow • - - - Sale of capital assets - - - - Insurance proceeds 140,883 - 174,340 - Transfers in 15,959,200 133,800 743,535 624,200 Transfers out (361,900) (1,347,594) (5,088,830) (687,896) Total other financing sources(uses) 15,738,183 (1,213,794) (4,170,955) (63,696) Net change In fund balances 457,511 (999,973) (972,788) 2,562,521 Fund balances(deficits)at beginning of year 1,818,461 17,156,493 10,760,793 2,557,999 Fund balances(deficits)at end of year $ 2,275,972 $ 16,156,520 $ 9,788,005 $ 5,120,520 See accompanying independent auditor's report I I I ) „,,, 90 • Packet Page-669- 1/14/2014 16.B.1 . • ■ COLLIER COUNTY,FLORIDA I COMBINING STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES 1 NONMAJOR GOVERNMENTAL FUNDS I FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2011 l I Debt Service Funds i Stormwater Limited General improvement Obligation Bonds Community Caribbean Assessment Conservation Redevelopment Gardens Loan Bond Collier Taxable Note Revenues: Taxes $ 9,919 $ • $ 8,838,543 $ - Licenses,permits and impact fees - • - Intergovernmental - - - - Charges for services - - - Fines and forfeitures - • - - Interest income 3,482 1,567 10,320 11,684 Special assessments - 118,526 - Miscellaneous - - - - Totalrevenues 13,401 120,093 8,848,863 11,684 Expenditures: Current: General government - - - Public safety - - - - Physical environment • - • - - Transportation - - Economic environment - - - 1 Human services - Culture and recreation - Debt service: Principal - 175,000 14,531,925 900,000 i. interest - 4,731 1,089,070 447,594 Fiscal charges - 9,788 4,837 Capital outlay - - - - Total expenditures - 189,519 15,625,832 1,347,594 Excess(deficiency)of revenues • over(under)expenditures 13,401 (69,426) (6,776,969) (1,335,910) Other financing sources(uses): Bonds Issued - - - - Premiums on bonds Issued - - - - Payment to refunding bond escrow - - - Sale of capital assets - - - Insurance proceeds - - - - Transfers In - 924 8,350,447 1,347,594 Transfers out (251,100) (3,985) 11,629,428) - Total other financing sources(uses) (251,100) (3,061) 6,721,019 1,347,594 Net change In fund balances (237,699) (72,487) (55,950) 11,684 Fund balances(deficits)at beginning of year 243,107 121,481 370,580 1,574,397 • Fund balances(deficits)et end of year $ 5,408 $ 48,994 $ 314,630 $ 1,586,081 See accompanying Independent auditor's report i II 1 96 Packet Page -670- • • 1/14/2014 16.8.1. . te i PURCHASING POLICY OF COLLIER COUNTY ESTABLISHMENT OF PURCHASING POLICY Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County Resolution No. 87-435 establishes the following Purchasing Policy. II. PURCHASING DEPARTMENT RESPONSIBILITIES_ A. The Purchasing Department shall be responsible for: 1. Seeking Maximum Value: Act to procure for the County the highest quality commodities,and contractual services at least expense to the County. 2. Encouraaina competition: Endeavor to obtain as full and open competition as possible on all purchases and sales. • 3. Procedures: Establish and amend, when necessary, operational procedures for the Implementation of the Purchasing Policy provided by ordinance. Said procedures shall become effective only when approved in writing by the County Manager. Copies of the procedures shall be maintained on file in the office of the Purchasing Department. 4. Purchasing Analysis: Keep informed of current developments In the field of purchasing, prices, market conditions and new products, and secure for the County the benefits of research conducted in the field of purchasing by other Apowl governmental jurisdictions, national technical societies, trade associations having national recognition,and by private business and organizations. 5. Purchasing Manual: Prescribe and maintain a standard Purchasing Manual for all using agencies. The content of said manual will be governed by this Policy. 6. Forms: Prescribe and maintain such forms as shall be found reasonably necessary to the operation of this Policy. 7. Vendor Certification: Document that vendors doing business with the County have acknowledged their understanding and acceptance of the terms and conditions of the County's Purchasing Policy and have agreed to abide by those terms. 8. Bulk Purchases: Exploit the possibilities of buying "in bulk"so as to take full advantage of discount. 9. Vendors' Catalog File: Prepare, adopt and maintain a vendor's catalog file. Said catalog shall be organized according to materials and/or services and shall contain descriptions of vendors'commodities,prices and discount. 10. Tax Exemptions: Act so as to procure for the County tax exemptions to which it is entitled. 11. Cooperation: Cooperate with using agencies so as to secure for the County the maximum efficiency in budgeting and accounting. Bayshore Gateway Triangle CRA Pineland Avenue Stormwater Project DRI Application • Exhibit: Procurement Policy • •• Packet Page-671- 1/14/2014 16.B.1 . 12, Suspension and Debarment of Vendors: To oversee and facilitate the suspension and/or debarment of vendors as set forth under Section XXIX of this policy. 13. Inquiry and Control: Have full authority to question the quality, quantity, and kinds of items requisitioned in order that the best interests of the County are served. The Purchasing Director shall have final approval authority for all purchases at or below the formal competitive threshold.To ensure the timely, proper and orderly acquisition of services to the various using agencies, all authority granted to the Purchasing Director in this policy may be formally delegated by the Purchasing Director in whole or in part to appropriate staff members within the County Manager's agency. PURCHASES NOT EXCEEDING$3,000 Purchases that do not exceed $3,000 may be approved by the Purchasing Director li without informal or formal competition by means of a purchase order,purchasing card or formal agreement (or any combination therein) as defined under this policy or deemed appropriate by the Purchasing Director. IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER THAN$50,000) A. All purchases exceeding $3,000 but not more than $50,000 shall be awarded by the Purchasing Director to the qualified and responsive vendor submitting the lowest or best overall quote which meets all specifications, unless the requirement for competition is waived by the Purchasing Director in accordance with Section 4.B. All such purchases may be solicited and awarded without formal public announcement and without formal competition. 1. Minimum Number Quotes: Open market purchases or sales in excess of $3,000 but less than or equal to the formal competitive threshold shall be based on a good faith effort by the Purchasing Department or the using agency to obtain at least three (3) competitive quotes (including all "no quote" responses).Award shall be made to the lowest,qualified and responsive quote In accordance with the standards set forth in this Policy. 2. Solicitation of Quotes: The Director may solicit quotes orally, written, or electronically for open market pricing or sale, using available bidders' and I i supplier lists. The Director shall determine In which instances quotations shall be solicited In writing. Further the Director shall determine which agency(e.g.; Purchasing or the using agency) shall obtain the quotations. All quotes in excess of ten thousand dollars $10,000 shall be tendered or confirmed in writing or electronically submitted by the vendor prior to purchase, 3. Public Record: The Director shall keep a record of all open market quotes submitted and such records shall be open to public inspection after award has been made. B. The requirements for requesting quotes from three(3)or more sources are waived and do not require Board action for: 1. Purchase of library books, education and/or Personnel tests, similar audio visual materials,periodicals,printed library cards, etc. 2 Packet Page-672- 1/14/2014 16.B.1 . 2. Professional services; and, in instances when authorized by the Purchasing Director where commodities or services are purchased directly from the owner • of a copyright or patent, a governmental agency, a recognized educational institution, a not-for-profit entity or when there are no other Identifiable sources available. 3. Purchases that the Director has determined to be legitimate single source purchases. 4. Valid public emergencies or other instances deemed by the Director to be in the best Interests of the County. 5. Purchase of services from experts or consultants by or through the Office of the County Attorney for purposes of preparing for or defending against imminent or pending civil litigation or administrative proceedings. C. All purchases greater than$1,000 but less than or equal to$3,000 will generally be processed using a regular purchase order. However, such purchases may be processed using a purchasing card in accordance with Section XXIV of this policy. V. FORMAL COMPETITIVE THRESHOLD(Purchases In excess of$50.000) A. It is the intent of the Board of County Commissioners to establish an amount of fifty thousand dollars ($50,000) as the County's formal competitive threshold for purchases. The established limit shall be applied to all methods of purchase by agencies under the purview of the Board of County Commissioners, including but not limited to competitive sealed bids, competitive proposals and competitive selection and negotiation. The requirement for formal competition may be waived by the Board of County Commissioners where permitted by law, under the following circumstances: 1. Purchase of library books, education and/or personnel tests, similar audio visual materials,periodicals,printed library cards,etc. 2. Single source purchases(pursuant to subsection C). 3. Valid public emergencies(pursuant to Section XXi). 4. Where it is determined to be in the best interests of the County to do so. B. All purchases subject to formal competition shall be awarded by the Board of County Commissioners unless otherwise delegated by the Board via formal public action. C. Exemption For Single Source Commodities: Purchases of commodities and services from a single source may be exempted from formal competition upon certification by the Purchasing Director of both of the following conditions: 1. The item(s) is the only one available that can properly perform the intended function(s); 2. The recommended vendor/contractor is the only one ready, willing and able to meet the County's requirements. All Single Source purchases in excess of the formal competitive threshold shall be exempted from f ormal competition by the Board. Recurring single source 3 _- Packet Page-673- 1/14/2014 16.B.1 . purchases shall not require subsequent Board approval (In the same or in any subsequent fiscal year) provided that there are sufficient budget appropriations to make each purchase, Purchases less than or equal to the formal competitive threshold may be exempted from competition by the Purchasing Director, as permitted by law D. Use of Past Performance Data: In order to promote the qualitative delivery of commodities and services, County departments shall record and consider the past performance of vendors in the award of contracts exceeding the formal competitive threshold. This objective shall be accomplished as follows: 1. The Purchasing Department shall be responsible for each of the following: a. Developing, implementing and maintaining appropriate administrative procedures, instructions and technologies necessary to collect and access vendor performance data. b. Ensuring that relevant past performance data is properly gathered and considered prior to award of subsequent contracts. 2. Using agencies shall be responsible for each of the following: a Conducting periodic performance evaluations of vendors under contract with the County pursuant to the procedures established pursuant to subsection V.D.1a b. Considering the past performance of vendors during the evaluation of formal bids and proposals for subsequent contract awards as set forth in • the administrative procedures referenced under subsection V,D.1a. VI. COMPETITIVE BID PROCESS Any purchase of commodities or services costing in excess of the formal competitive threshold shall be accomplished by competitive sealed bid, by competitive selection and negotiation(per section VII)or by competitive proposals (per section VIII). Award of Bid Contract shall be made by the Board to the lowest, qualified and responsive bidder except where otherwise provided for in this policy or unless an exception is granted by the Board. Bid limits for requirements utilizing federal or state funds will be those required by said agency granting the funds or the County's requirements, whichever takes precedence. A. Notice Inviting Bids: 1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing Department in a consistent public location at least ten (10)days preceding the last day established for the receipt of bid proposals. Bids may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. 2. Scope of Notice: The public notice required herein shall include a general description of the commodities/services to be purchased or sold, shall state where bid instructions and specifications may be secured and the time and place for opening bids. 3. Bidders' List: The Director shall also solicit sealed bids from qualified prospective vendors/contractors who have registered their names on the Collier County Purchasing Department vendor database, which will electronically send them a notice of the proposed purchase or sale. Notices 4 _ Packet Page-674- 1/14/2014 16.8.1 . ., sent to the vendors/contractors on the Collier County Purchasing Department vendor database shall be limited to commodities or services that are similar In character and ordinarily handled by the trade group to which the notices are sent. Vendors/contractors are responsible for maintaining their profiles in the database to ensure proper notifications are received.Vendors/contractors may be removed from the database by the Director for continual non-response to formal solicitations and violations to the Purchasing Policy. The Director shall have the discretion to continue to issue formal solicitations and accept formal bids, proposals and other tenders using paper where appropriate. 4. Bid Deposits; When deemed necessary by the Director, bid deposits shall be prescribed in the public notices inviting bids. Said deposits shall be in the amount equal to five percent of the bid submitted. The Director shall have the authority to return the deposits of all bidders prior to award of bid contract by the Board of County Commissioners. A successful bidder shall forfeit any deposit required by the Director upon failure on the vendor's part to enter Into a contract within ten(10)working days after written notice of award, 5. )3id Addenda: An addendum to a specification shall be defined as an addition or change in the already prepared specifications for which an invitation has been issued for formal quotations or an announcement has been posted for a formal sealed bid. Any addendum to a request for formal sealed bids shall be approved by the Department Director or designee and the Purchasing Director. The addendum shall clearly point out any addition or change to the invitation for bids. The Purchasing Department shall be responsible for insuring that addenda are available on the e-procurement webslte and that all prospective bidders who have downloaded specifications are notified of the addendum prior to opening of bids. B. Procedure for Bids: 1, Sealed Bids: Sealed bids shall be submitted manually or electronically to the Director and if manual shall be clearly identified as bids on the outside of the sealed envelope. 2. Opening: Bids shall be opened publicly at the time and place stated in the public notices and shall be witnessed and certified by the Purchasing Department, 3. Tabulation: A tabulation of all bids received shall be made either electronically or manually by the Purchasing Department and shall be available for public inspection. • C. Tie Bids: Where there are low tie bids, the award process shall first be subject to Section 287.087, F.S. In the event that all of the tied bidders comply with Section 287,087, F.S., the Purchasing Department shall determine if any of the bidders would be considered a local business as defined under Section XI of this policy. If one(and only one)of the bidders is determined to be a local business,then award of contract shall be made to that bidder. In the event that two or more local bidders are tied thereafter, award of contract shall be made in accordance with Section XI.2.(a)of this policy. 5 Packet Page -675- 1/14/2014 16.B.1 . D. Resection Of Bids And Negotiation: 1. The Board of County Commissioners shall have the authority to reject any and all bids. 2. Subsequent to applying the procedures set forth under Section XI (2)(a)(where applicable), if the lowest, qualified responsive bid exceeds the budgeted amount and if the purchase Is not funded in whole or in part with interagency grant dollars,the Purchasing Director may negotiate changes with the apparent lowest qualified and responsive bidder that will bring prices into budgeted limits subject to the final approval and acceptance of the Board. If the budgeted amount includes grant funds, the Purchasing Director shall be authorized to conduct such negotiations provided said actions are not prohibited by law or the grant conditions. 3. if no bid is received, the Board of County Commissioners may authorize the Purchasing Director to purchase by negotiation under conditions most favorable to the public interest and when said purchase will result in the lowest ultimate cost of the commodities or services obtained. E. Waiver Of Irregularities: The Board of County Commissioners shall have the authority to waive any and all irregularities in any and all formal bids. F. Award Of Bid Contract: The Chairman, when authorized by majority vote of the Board or as otherwise provided for in this policy, shall execute formal contracts having a binding effect upon the County, Formal, bilateral contracts shall not be required where a purchase order is sufficient. A formal contract shall be awarded by the Board of County Commissioners to the lowest qualified and responsive bidder. In addition to the price shall be considered the following: 1. The ability,capacity and skill of the bidder to perform the contract. 2. The ability of the bidder to perform the contract within the time required or the least time,if appropriate,without delay or interference. 3. The experience and efficiency of the bidder, 4. The quality and performance of previous contracts awarded to the bidder. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract. 6. The quality, availability and adaptability of the commodities or contractual services to the particular use required. 7. The ability of the bidder to provide future maintenance and service (where applicable). All recommendations for award for bid contract will be reviewed and approved by the Purchasing Director prior to presentation to the Board of County Commissioners. Bidders competing for a prospective bid award (and their agents/representatives) will not be permitted to publicly or privately address the Board regarding a prospective purchase prior to the time of award unless requested to do so by the Purchasing Director or by a majority vote of the Board, 6 Packet Page-676- 1/14/2014 16.B.1. Ask VII. PROCUREMENT OF PROFESSIONAL SERVICES A. Because differences In price may only be a minor concern compared to qualitative considerations, professional services may be exempted by the Purchasing Director from the competitive bidding process. Instead, professional services will be typically acquired through one of the following methods: 1. Competitive Selection and Negotiation. 2. Competitive Proposals(pursuant to Section VIIi). • I B. A professional service shall be defined as assistance obtained in support of County operations from an Independent contractor in one or more of the following professional fields: 1. Appraisal Services-real and personal property appraisers. 2. Architecture, professional engineering, landscape architecture, or registered land surveying services(as per Section 287.055,F.S.). 3. Audit and Accounting Services - auditors and accountants (excepting the selection of the annual auditor which shall be conducted as per Section 11.45, F.S.). 4. Consultants-planning, management,technological or scientific advisors. 5. Financial Services - bond counsel, rating and underwriting, financial advisor, and investment services. 6. Legal Services-attorneys and legal professionals. 7. Medical Services - medicine, psychiatry, dental, hospital, and other health professionals. C. Requests exclusively for services defined under VII.B.2 will be procured in a manner consistent with Section 287.055, F.S., known as "The Consultant's Competitive Negotiation Act"as required by said statute.Projects may include, but are not strictly limited to one or more of the following: 1, Fixed assignment contracts: A grouping of minor professional service (including construction inspection services)assignments. 2. Fixed term contracts: Countywide agreements for various and miscellaneous minor professional services (including construction inspection services) on an as needed basis. 3. General Professional Services: includes administration, support and management of engineering,architectural,surveying and planning activities. Prior to issuing a work order under a contract Identified under Section VII.C.1-3,the Director shall have the discretion to solicit project or task specific proposals from one firm or from multiple firms under a fixed term contract. In such Instances,each solicitation shall be issued on a "best value" basis where qualifications and price are considered. Each solicitation shall include at minimum a description of work to 7 • Packet Page-677- 1/14/2014 16.B.1. be performed and the criteria to be used to evaluate each proposal. For all "best value based solicitations, price shall not exceed 50 percent of the total evaluation criteria. The Director shall be authorized to approve all work orders where the maximum initial dollar amount does not exceed two hundred thousand dollars($200,000)and where the maximum initial contract amount does not exceed seven hundred fifty thousand dollars ($750,000), Any work order and/or contract that exceeds that amount subsequent to award and prior to completion of the work shall be subject to the provisions of Section XV.0 of this resolution. Projects shall not be sub-divided to circumvent the dollar thresholds established herein. All fixed term agreements Issued under this section shall be eligible for extension or renewal in accordance with the provisions of Sections XV.D and E respectively. I j D. For all service procurements In excess of the formal competitive threshold under the Competitive Selection and Negotiation method, authority to announce and distribute Requests for Proposals or Letters of Interest and Qualifications and to appoint and empower a selection committee shall be pursuant to Section VIII.B. hereof. E. Final selection of the professional service provider (award of contract) shall be made by the Board of County Commissioners. F. Purchases for all professional services estimated to be equal to or less than the formal competitive threshold may be approved by the Purchasing Director, as permitted by law. G. Requests for outside legal services will be referred to the County Manager and the County Attorney for review and comment as to whether said services are necessary and/or appropriate, Requests for outside legal services may be exempted from formal competition by the Board of County Commissioners at the request of the County Manager or County Attorney, H, The acquisition of services from experts or consultants for purposes of preparing for or defending against imminent or pending litigation or administrative proceedings shall be exempt from all competitive requirements of this policy. Any such acquisitions that do not exceed $50,000 may be approved by the County Attorney and the Purchasing Department without further action. Acquisitions that exceed $50,000 may be authorized by the County Attorney and the Purchasing Department,but will be reported at a regular meeting of the Board for ratification, VIiI. COMPETITIVE PROPOSALS A. The Competitive Proposals process is a method of contract selection that may be utilized by the Purchasing Director under circumstances where one or more of the following conditions exist: 1. Where qualitative considerations are of equal or greater concern than pricing considerations. 2. Where the conditions of the purchase do not lend themselves to the formal sealed bid process or the award of a firm,fixed fee contract. 3. Where the County is incapable of specifically defining the scope of work for which the commodity(s) or service(s)is required and where the qualified offer 8 Packet Page-678- . – — 1/14/2014 16.B.1 . is asked to propose a commodity(s) or services) to meet the needs of the County. 4. Where the County desires to enter into a single contract for the design and construction of a public construction project(s). B. For purchases in excess of the formal competitive threshold and where appropriate or required by law, the competitive proposals process will be utilized,The process will be conducted in a manner similar to the sealed bid process as set forth under Section Vi except where otherwise stated in this section. The competitive proposals process shall proceed as follows: 1. A Request for Proposals (RFP)will be prepared and distributed in a manner consistent with the definition of said term found in Section 2 of Collier County Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the Purchasing Department at least 21 calendar days preceding the last day established for the receipt of proposals. 2, Each Request for Proposals shall identify the appropriate evaluation procedures and criteria to be applied to the selection of the best proposal among the respondents. Each RFP pertaining to the award of a design/build contract(s)shall be subject to the requirements of Section 287.055 F.S. I i 3. Prior to the announcement and distribution of the RFP, a selection committee shall be appointed by the County Manager to evaluate the proposals received. For all purchases made under the Competitive Proposals method, the County Manager may empower the selection committee to designate and rank the proposals prior to the commencement of negotiations and to negotiate a tentative agreement,subject to award by the Board. 4. Proposals may be solicited and/or received in one or more steps as permitted by law and deemed appropriate by the Purchasing Director. Unless otherwise prohibited by law, the Purchasing Director shall have the discretion to solicit and conduct simultaneous or concurrent negotiations with one or more firms. C. For purchases in excess of the formal competitive threshold,final selection of the awardee will be made by the Board of County Commissioners, D. Purchases less than or equal to the formal competitive threshold may be authorized by the Purchasing Director, as permitted by law and shall not require formal solicitation or announcement unless deemed necessary by the Purchasing Director. iX. PROCUREMENT OF DESIGN/BUILD CONTRACTS A. Procurements for the design and construction of public construction projects may be obtained through a single contract with a firm selected In a manner permitted under Section 287.055,F.S.and the procedures set forth in this section. B. Upon completion of the Design Criteria Package, procurements of Design/Build services shall be processed in a manner consistent with Section VIII hereof entitled "Competitive Proposals". C. Administrative procedures shall be established by the County Manager or his designee for utilization of the design criteria professional concerning the evaluation of the proposals submitted by the design/build firms, the supervision or the 9 _. Packet Page-679- 1/14/2014 16.B.1 . approval by the County of the work drawings of the project and evaluation of the project construction with the design criteria package, D. The Board of County Commissioners may declare a public emergency, where appropriate and authorize the using agency to negotiate an agreement for Board approval with the best qualified design-build firm available at that time. X. Small and Disadvantaged Minority and Women Business Enterprises A. policy Statement:Collier County stands committed to providing equal opportunities to small businesses and disadvantaged business enterprises (DBE), minority business enterprises (MBEs) and women enterprises (WBEs) as well as to all vendors, consultants,contractors and subcontractors who seek to do business with the County. Pursuant to this policy, Collier County will require its vendors, consultants, contractors and subcontractors to provide qualified small businesses and DBE's with an equal opportunity to participate in the formal competitive processes for the procurement of commodities and services by the County. The Policy is not intended to require or to allow partiality toward or discrimination against any small business or DBE, MBE, WBE, or any other vendor, consultant, contractor or subcontractor on the basis of gender, race or national origin, or other such factors, but rather to help ensure that small businesses and DBEs, MBEs, WBEs, and all qualified vendors, consultants,contractors and subcontractors have • an equal opportunity to participate in the County's formal competitive processes. Nothing in this Policy shall be•construed to provide for or require any preference or set-aside based on gender,race,national origin or any other such factor. B. Definitions: For purposes of this policy, the term "small business" shall have the • same definition as set forth under Section 288.703.(1),F.S. The term "DBE"shall include any"small business" as defined pursuant to Section 288.703(1)that is at least 51 percent owned or controlled by a person or persons defined as "socially and economically disadvantaged" individuals pursuant to Section 14-78.602(18),F.A.C. Reference to these definitions, however, shall In no way be construed to provide that the County has adopted or is subject to the provisions of the Statute or Code referenced herein. I I C. Implementing Measures: In an effort to implement this policy, the County may undertake the following measures: 1. Designate the Purchasing Director to administer this policy. 2. Utilize outreach programs to identify, register and educate small businesses and DBEs,MBEs and WBEs to participate in the procurement/contract process including, but not limited to: a. Attending trade fairs which include representatives from these enterprises. b. Attending meetings and social events wherein these enterprises. • c. Utilizing publications aimed at reaching these enterprises. 10 • Packet Page-680- 1/14/2014 16.B.1 . d. Utilizing directories and other reference sources that list these enterprises. I e. Publicizing this Policy to encourage these enterprises to participate in the County's procurement process. f. Other actions designed to identify these enterprises who seek to provide commodities and services to the County. 3. Maintain a list of these enterprises. 4. Disseminate information regarding competitive opportunities with the County in order to allow qualified small businesses and DBEs, MBEs and WBEs to participate in the County's procurement process. D. Conformity with Applicable Law:The provisions of this section shall be construed in conformity with applicable state and federal law. To the extent that state law conflicts with federal law,federal law shall supersede such state law. XI. Procedure to Provide Preference to Local Businesses in' County Contracts. Except where otherwise provided by federal or state law or other funding source restrictions or as otherwise set forth in the purchasing policy, purchases of commodities and services shall give preference to local businesses In the following manner: (1) 'Local Business"defined Local business means the vendor has a valid occupational license issued by Collier County at least one year prior to bid or proposal submission to do business within Collier County that authorizes the business to provide the commodities or services to be purchased, and a physical business address located within the limits of Collier County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not by used for the purpose of establishing said physical address. In addition to the foregoing,a vendor shall not be considered a"local business" unless it contributes to the economic development and well-being of Collier County in a verifiable and measurable way.This may include, but not be limited to,the retention and expansion of employment opportunities,the support and increase to the County's tax base, and residency of employees and principals of the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a"local business"under this section.A vendor who misrepresents the Local Preference status of its firm In a proposal or bid submitted to the County will lose the privilege to claim Local Preference status for a period of up to one year. (2) Preference in purchase of commodities and services by means of competitive bid, request for proposals, qualifications or other submittals and competitive negotiation and selection. Under any such applicable solicitation, bidders/proposers desiring to receive local preference will be invited and required to affirmatively state and provide documentation as set forth in the solicitation in support of their status as a local business. Any bidder/proposer who falls to submit sufficient documentation with their bid/proposal offer shall not be granted local preference consideration for the purposes of that specific contract award. Except where federal or state law, or any other funding source, mandates to the contrary, Collier County and its agencies and instrumentalities, will give preference to local businesses in the following manner: (a) Competitive bid(local price match option). Each formal competitive bid solicitation shall clearly Identify how the price order of the bids received will be evaluated and determined.When a qualified and responsive, non-local business submits the lowest price bid, and the bid submitted by one or more qualified and responsive local 11 Packet Page-681- 1/14/2014 16.B.1. businesses is within ten percent of the price submitted by the non-local business, then the local business with the apparent lowest bid offer (i.e.; the lowest local bidder) shall have the opportunity to submit,an offer to match the price(s) offered by the overall lowest,qualified and responsive bidder. in such instances, staff shalt first verify if the lowest non-local bidder and the lowest local bidder are In fact qualified and responsive bidders. Next, the Purchasing Department shall determine if the lowest local bidder meets the requirements of Section 287.087, F.S. If the lowest local bidder meets the requirements of 287.087, F.S., the Purchasing Department shall invite the lowest local bidder to submit a matching offer to the Purchasing Department which shall be submitted to the Purchasing Department within five (5) business days thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid from the lowest non-local bidder tendered previously,then award shall be made to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local bid price(s), then award will be made to the lowest overall qualified and responsive bidder. if the lowest local bidder does not meet the requirement of Section 287.087, F.S. and the lowest non-local bidder does, award will be made to the bidder that meets the requirements of the reference state law. (b) Request for proposals, qualifications or other submittals and competitive negotiation and selection. For all purchases of commodities and services procured through the Competitive Proposals (Section VI) or Competitive Selection and Negotiation (Section VIIi) methods not otherwise exempt from this local preference section, the RFP solicitation shall Include a weighted criterion for local preference that equals 10 percent of the total points in the evaluation criteria published in the solicitation. Purchases of professional services as defined and identified under subsection VII.B.2 (which are subject to Section 287.055, F.S.) and subsection VI1.B.3 (which are subject to Section 11.45,F.S.)shall not be subject to this local preference section. (3) Waiver of the application of local preference. The application of Local Preference to a • particular purchase or contract for which the Board of County Commissioners is the awarding authority may be waived upon approval of the Board of County Commissioners. (4) Comparison of qualifications. The preferences established herein in no way prohibit the right of the Board of County Commissioners to compare quality of materials proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms or corporations submitting bids or proposals. Further, the preferences established herein in no way prohibit the right of the County Commission from giving any other preference permitted by law Instead of the preferences granted herein. (5) Reciprocity, in the event Lee County, or any other Florida county or municipality (local government") deemed appropriate by the Collier County Board of Commissioners, extends preferences to local businesses, Collier County may enter Into an interlocal agreement with such local government wherein the preferences of this section may be extended and made • available to vendors that have a valid occupational license issued by that specific local government to do business in that local government that authorizes the vendor to provide the commodities and services to be purchased, and a physical business address located within the limits of that local government.Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address. in addition to the foregoing, • a vendor shall not be considered a "local business"unless it contributes to the economic development and well-being of the said local government whichever is applicable, In a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities, the support and increase to that local government's tax base,and residency of employees and principals of the business located within the limits of that local government. Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for 12 Packet Page-682- 1/14/2014 16.B.1 . consideration as a"local business" under this section. In no event shall the amount of the preference accorded other local government firms exceed the amount of preference that such local government extends to Collier County firms competing for its contracts. (6) Purview and administration of this policy. This policy shall apply to all departments and units under the direct purview of the Board of County Commissioners. The Purchasing Department shall be responsible for developing, implementing and maintaining administrative procedures in support of this policy. (7) Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local preference section is being added to the purchasing policy in support of the local economy during difficult economic times in Collier County. On or about one year of the effective date, the Purchasing Department will provide the Board with an update of the results and impacts to date of this local preference policy.Within two years of the effective date,the Board shall receive a similar report from the Purchasing Department and shall determine whether to continue or modify this policy. Should the Board not elect to continue the local preference policy,it will expire at that time. XII. PAYMENT OF INVOICES A. It is the Intent of the Board of County Commissioners that all agencies under its purview be in compliance with Section 218.70 F.S.,otherwise known as the"Local Government Prompt Payment Act". Pursuant to this, the requirements of this section shall apply to the following transactions: 1.The purchase of commodities and services; 2.The purchase or lease of personal property; 3.The lease of real property. B. The Purchasing Director shall have the authority to establish and maintain a procedure that authorizes minor payment variances between the purchase order and Invoice where warranted,The authority to pay such variances shall not exceed 5%of the purchase order amount or$500,whichever Is less. C. Additionally,the Purchasing Director shall be permitted to establish and maintain a procedure that authorizes the payment of freight and delivery charges that are not specifically Identified on the purchase order. D. It shall be the responsibility of the Purchasing Director,in consultation with the Finance Director and using agencies,to establish,distribute and administer procedures for the timely payment of all transactions as defined under XIIA hereof. Such procedures shall Include,but not be limited to the following: 1. Formally defining the County's requirements for the content and submission of a proper invoice, codifying the County's payment requirements and formally notifying each vendor of their availability. ' I 2. Steps required for the receipt of all invoices and the prompt return of Improper invoices. 3. Steps required for the resolution of payment disputes between the County and a vendor. 13 Packet Page-683- 1/14/2014 16.B.1 . E. Each December, the Finance Director and the Purchasing Director shall submit a joint report to the Board listing the number and total dollar amount of Interest penalty payments made during the preceding fiscal year, XIII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS County funds may be used to pay for dues for membership in a professional or other organization provided that such expenditure meets the following criteria: 1. Such membership is deemed necessary to meet duties and responsibilities required by Federal, State or local mandate or to facilitate proper professional development. 2. The organization of membership is of a non-profit nature. 3. Sufficient funds are available within the proper appropriation unit/summary code, XIV. STANDARDIZATION, COOPERATIVE PURCHASING AND GOVERNMENTAL CONTRACTS A. Where standardization is determined to be desirable by the Director, the purchase of commodities may be made by negotiation with the approval of the Board of County Commissioners if more than the competitive bid limit or by the County Purchasing/General Services Director if less than or equal to the competitive bid or negotiation threshold. B. The Director shall have the authority to approve purchases under State of Florida and Federal GSA cooperative contracts. The Director shall also be authorized to join with other units of government in cooperative purchasing ventures prior or subsequent to award when in the best interests of the County. If funds have already been budgeted, no further Board action will be required. In authorizing all such purchases under pre-existing agreements,the Director shall have determined that the term and conditions of the purchase are competitive in the market and favorable to the County. XV. CONTRACT ADMINISTRATION A. Contract Document: Every procurement of contractual services or commodities shall be evidenced by a written document containing all provisions and conditions of the procurement. Said document shall include,but not be limited to: 1. A listing of the scope of services to be performed or commodities to be purchased, 2. A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract. 3. A provision specifying the terms of cancellation by the County and where applicable,a provision specifying the terms of renewal. 4. Where applicable, a provision establishing the appropriate types and levels of insurance to be carried by the vendor. Said provision shall be employed in a manner consistent with minimum insurance standards approved by the Board of County Commissioners. • 14 • Packet Page -684- 1/14/2014 16.B.1 . 5. Where applicable, pursuant to Section 287.133 F.S., a provision requiring the contractor/vendor to inform the County If he/she has been convicted of a public entity crime subsequent to July 1, 1989. A purchase order that embodies these provisions shall be sufficient documentation of the procurement. The Purchasing Director shall have the discretion to determine the circumstances under which a purchase order(and all documents included by reference)shall serve as the contract document. B. Contract Manager: Every procurement of services shall be administered by the using agency(requesting department). C. Contract Chances: Notices issued under a purchase or contract may be authorized and executed by the Purchasing/General Services Director, excepting notices that terminate a Board-approved purchase or contract in its entirety. Modifications to a Board approved purchase or contract, including but not limited to change orders,supplemental agreements, amendments and changes by letter may be authorized and executed by the Purchasing/General Services Director provided that the change(or the sum of the changes) amounts to not more than the greater of(I)10 percent of the current Board approved amount.or(ii)$10,000. The proviso at the end of the previous paragraph shall not be applicable to term contracts or blanket purchase orders where the County desires to procure commodities and/or services on an as needed basis without having to obligate Itself to a total contract amount. Rather, such purchases shall be based on fixed unit prices or other predetermined pricing methods and shall be limited in quantity y� by the amount of funds appropriated In the budget of the using agency(ies). Such purchases shall be subject to all other provisions of this policy. Notices that terminate an entire purchase or contract that was Board approved, and contract modifications that Increase the total contract amount beyond the limits set forth above as applicable, shall require the approval of the Board of County Commissioners or as otherwise provided for in this policy. The Board shall have broad authority, within the limits of the law, to evaluate and approve any recommended contract modification without requiring further competition. All deductive changes pertaining to the use of direct material purchases, including those that reduce the contract amount by more than ten percent below the current Board approved contract amount shall be reported to the Board monthly as part of the monthly contract changes report and shall not require prior Board approval, D. Contract Extension: Extension(s)of a Board-approved contract for commodities or services may be requested by the contract manager to the Purchasing/General Services Director in writing for a period not to exceed six(6)months (cumulatively) and shall be subject to the same terms and conditions set forth in the initial contract, The Purchasing/General Services Director shall have the authority to authorize and execute all such extensions. Any extension(s) that exceed six months (cumulatively) shall be approved by the Board of County Commissioners. Extensions of contracts that do not (inclusive of the extension) exceed the formal competitive threshold may be authorized and executed by the Purchasing/General Services Director without Board action, E. Contract Renewal: The Purchasing/General Services Director shall have the authority to authorize and execute renewals of contracts for commodities and/or services subject to the following conditions: 15 Packet Page -685- 1/14/2014 16.B.1 . 1. That the Contractor has performed in a satisfactory manner and that the Director has received a request to renew from the Contract Manager verifying the Contractor's satisfactory performance. 2. That the agreement is renewed subject to the terms and conditions set forth in the Initial contract.Costs and terms of any contemplated renewals are included in the Invitation to bid or request for proposals. 3. That the renewal Is done on an annual basis, commencing at the end of the initial contract period. Any such contracts shall not be renewed for more than 3 years unless competitively procured. Proposed renewals that fail to meet one or more of the conditions set forth herein will require the approval of the Board of County Commissioners. F. Contract Approval: All formal, bilateral contracts for commodities and services in excess of the formal, competitive threshold shall be authorized by the Board of County Commissioners. Such agreements for purchases less than or equal to the formal, competitive threshold may be authorized and executed by the Purchasing Director,subject to the review and approval for legal sufficiency by the Office of the County Attorney. G. Work Orders (Not Under CCNA): The Purchasing/General Services Director may authorize and execute any work order if the work order is equal to or below such Board approval parameters for work orders as are set forth in either the Board approved term contract for services under which the work order Is generated, the solicitation document (s) that resulted in the contract or the Executive Summary that pertains to the contract. Modifications to a work order may be authorized and executed by the Purchasing/General Services Director, provided that the work order, as modified, does not exceed $100,000 or if it does, the change(or sum of the changes) does not exceed 10%of the current Board approved amount. The above provisions of the Section G shall not apply to work orders, or modifications to work orders,governed by Section VII.0 above. H. Consent to Assignments of Contract: For all contracts which exceed the formal competitive threshold, the Board of County Commissioners shall approve all assignments of contracts requested by the predecessor contracting party. For such requests for agreements below the formal competitive threshold, the Purchasing/General Services Director shall have the authority to approve assignments on behalf of the agency. • I, Authority Limitation and Delegation, Promulgation of Procedures: The Purchasing/General Services Director may delegate to one or more other Board employees any or all aspects of the authority vested in the Purchasing/General Services Director to authorize and/or execute contracts or contract-related documents pursuant to Section VII.0 above and Sections C through G of this Article XV or otherwise under law. All authority to authorize and execute documents that is vested pursuant to this Article XV in the Purchasing/General Services Director or any other person shall be subject io the limits of any applicable federal,state or other law. • • 16 Packet Page -686- 1/14/2014 16.B.1 . The Purchasing Department shall be responsible for establishing and maintaining administrative procedures that set forth any delegations of authority made pursuant to the foregoing provisions of this Section I,that set forth formal processes for each of the instruments referenced in this Article XV,and that are in all respects subject to the provisions of this Article XV. These procedures shall also set forth generalized requirements for (i) such pre- execution reviews of documents by the Office of the County Attorney and (it)pre- execution reviews of documents by such other departments, if any, as the Purchasing/General Services Director determines to be appropriate and advisable, J. Payments to Contractors.Vendors and Consultants Prior to the execution of a formal contract subject to this policy, the Purchasing Department shall have the discretion to establish a formal payment schedule and • payment terms within the agreement. Such terms and conditions shall be consistent with the requirements of all applicable laws and the formal solicitation documents. • In accordance with Section 218.735 (8), F,S., the Purchasing Director shall establish procedures to reduce to 5%the amount of retainage withheld from each subsequent progress payment issued to a contractor where applicable. The Purchasing Director, or his designee, shall have the discretion to establish, in writing,a schedule(s)to further reduce the percentage of cumulative retainage held throughout the course of the project schedule where warranted. The discretion of the project manager to reduce the percentage of cumulative retainage shall be subject to the following: 1. That the term"cumulative retainage"is defined to mean "the dollar total of the funds retained from all payments issued under the contract divided by the gross dollar total of all monthly pay requests (or the total of all payment amounts deemed allowable by the project manager,whichever is less)". 2. That any decision to reduce retainage shall be formally communicated In a letter to the Contractor's appropriate representative and that the letter affirmatively states that the Contractor has performed the contract work in a satisfactory manner. 3. That the cumulative retainage not be adjusted until at least 50% of the work has been completed and payment has been issued. 4. That the Purchasing Director's letter expressly sets forth the percentage of cumulative retainage to be held for the remaining pay requests. • The Purchasing Director's designee shall also be granted the discretion to authorize the partial release or payment of contract retainage to the contractor prior to final completion of all project work provided that: 1. The contractor has performed in a satisfactory manner to date. 2. The total aggregate work under the agreement is at least 50% completed and accepted (i.e.; payments equaling at least 50% of the contract amount less retainage have been issued) 17 Packet Page -687- " 1/14/2014 16.B.1 . 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. XVI. PERFORMANCE AND PAYMENT BONDS A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever,and in such amounts,as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law) may be sufficient in place of the performance bond If so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. XVII. UNAUTHORIZED PURCHASES • No County officer or employee shall intentionally order,other than by purchasing card as permitted under this policy, the purchase of any commodities or services, or make any contract within the purview of this policy other than through the Purchasing Director. Any purchase order or contract made contrary to the provisions hereof shall not necessarily be approved and the County shall not be bound thereby. All purchases made within the provisions of this Policy shall be made with a purchase order or purchasing card, whichever is appropriate. In the event that a purchase transaction Is found to be in violation of this policy, the Purchasing Director shall determine the facts pertaining to the transaction. In consultation with the appropriate operating department director, the Purchasing Director shall determine whether It is in the best Interests of the County to proceed with the purchase and if so,under what conditions. If a determination is made to proceed with the purchase, all such transactions In excess of the formal competitive threshold (or other applicable Board authorization thresholds set forth in this policy) shall require the approval of the Board.All such transactions equal to or less than the formal competitive threshold may be approved by the Purchasing Director. A. Exceptions: This section shall not apply to the payment of premiums for Insurance policies that have been acquired through prior Board action. This section shall not apply to nor supersede Resolution Nos.86-30,86-209 and 87-16. XVIII, PROHIBITION AGAINST SUBDIVISION No contract or purchase shall be subdivided to avoid the requirements of this Policy, XIX, PROTEST OF BID OR PROPOSAL AWARD The purpose of this section is to accommodate legitimate protests concerning formal competitive invitations and recommended contract awards above the competitive bid or proposal thresholds prior to award of contract by the Board of County Commissioners. A. Any actual or prospective bidder or respondent to an Invitation for Bids or a • Request for Proposals, who alleges to be aggrieved in connection with the solicitation or award of a contract, (hereafter referred to as "the protesting party") • may protest to the Purchasing Director,who shall serve as the sole recipient of any and all notices of intent to protest and all formal protests. B. All formal protests with respect to an Invitation for Bids or a Request for Proposals shall be submitted to the Purchasing Director in writing not less than four hours prior to the opening of bids or the closing time for acceptance of proposals. The 18 • Packet Page-688- 1/14/2014 16.6.1 . Purchasing Director, in consultation with the contract manager (and other appropriate County staff), shall have the authority to address all such protests received under subsection B and to determine whether postponement of the bid opening or proposal closing time Is appropriate.The Purchasing Director's decision shall be considered final and conclusive unless the protesting party files a subsequent formal protest of the recommended contract award as described under this section. C. Any actual or prospective bidder or respondent to an invitation for bids or a Request for Proposals who desires to formally protest a recommended contract award shall submit a notice of intent to protest to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays, from the date of the initial posting of the recommended award. D. All formal protests with respect to a recommended contract award shall be submitted In writing to the Purchasing Director for a decision. Said protests shall E I be submitted within five (5) calendar days, excluding weekends and County holidays, from the date that the notice of Intent to protest is received by the Purchasing Director, The formal protest shall contain,but not be limited to the following information, 1. Name and address of County agency affected and the bid number and title. 2. The name and address of the protesting party. 3. A statement of disputed Issues of material fact. If there are no disputed material facts,the written letter must so Indicate, 4. A concise statement of the ultimate facts alleged and of any relevant rules, regulations, statutes, and constitutional provisions entitling the protesting party to relief. II! 5. A demand for the relief to which the protesting party deems himself entitled. 6. Such other Information as the protesting party deems to be material to the Issue. I I E. In the event of a timely protest of contract award consistent with the requirements of this section, the Purchasing Director shall not proceed further with the award of the contract until all appropriate administrative remedies as delineated under this section have been exhausted or until the Board of County Commissioners makes a determination on the record that the award of a contract without delay is in the best Interests of the County. Neither the protesting party, their agents or their representatives shall have any private contact or discussions with individual County Commissioners or any independent hearing officer (where applicable) regarding the protest prior to the protest being heard or reviewed by either of the aforementioned unless requested to do so by the Purchasing Director. F. The Purchasing Director shall review the merits of each timely protest and in • consultation with the contract manager and other appropriate County staff, issue a decision stating the reasons for the decision and the protesting party's rights of appeal under section XIX.Said decision shall be in writing and mailed or otherwise furnished to the protesting party.The decision of the Purchasing Director shall be final and conclusive unless the protesting party delivers a subsequent written objection to the Purchasing Director within two (2) calendar days, excluding weekends and County holidays from the date of receipt of the decision. G. In the event of a subsequent objection pursuant to subsection F, the County Manager shall have the discretion to appoint an independent hearing officer to Ask 19 Packet Page-689- 1/14/2014 16.B.1 . review the facts relevant to the protest.The appointed officer will have a maximum of 60 days to schedule and conduct a hearing into the matter and issue a finding of fact and a opinion in writing to the County Manager for submission to the Board of County Commissioners, Prior to commencement of the hearing, the protesting party shall be required to post a cash surety in an amount equal to one(1)percent of the using agency's estimate of the contract amount or one-thousand dollars ($1,000), whichever is less. Should the Hearing Officer find in favor of the County, the protesting party shall forfeit the surety as partial payment for undue delay, Otherwise,the surety will be returned to the protesting party. H. in the event that the protest cannot be resolved by mutual consent, the matter will be referred to the Board of County Commissioners for final resolution. I. Failure to file a formal protest within the time and manner prescribed by Section XIX shall constitute a waiver of the right to protest by any protesting party as defined by subsection A of this section. XX. CONTRACT CLAIMS All actual or prospective claims arising against the County from contractors, vendors or any other party in direct privity with the County to provide commercial commodities or services shall first be directly addressed by the parties'administrative representatives in a manner consistent with the agreement between the parties and In accordance with the County's Procurement Administrative Procedures Manual. For any prospective or actual claims or disputes arising under any contract entered Into by the County, the Purchasing Director shall have the discretion to arbitrate or mediate • the claim or dispute or may appoint an independent third party to do so within the • • authorization threshold limits of this policy. XX, EMERGENCY PURCHASES A. By County Manager: in case of an emergency which requires immediate purchase of commodities or services in excess of the formal competitive threshold, the County Manager shall be empowered to authorize the Director to secure by open market procedure as herein set forth, any commodities or services. The County Manager shall have the authority to act in the case of any emergency including the issuance of emergency change orders/supplemental agreements. Any emergency action shall be reported at the first available regular or special meeting of the Board of County Commissioners. The County Manager shall further be authorized to approve payment(s) to vendors at the time of or shortly after purchase should the circumstances warrant. B. By Purchasing Director: In case of any emergency which requires immediate purchase of commodities or services equal to or less than the formal competitive threshold, the Purchasing Director shall be empowered to secure such services and commodities by open market procedure as herein set forth. Such action shall be reported immediately to the County Manager when appropriate. This section in no way constrains the provisions of Collier County Ordinance No.84-37, XXII. INSPECTION AND TESTING The Director shall inspect, or supervise the inspection of, or cause to be inspected, all deliveries of commodities or services to determine their conformance with the specifications set forth in an order or contract. 20 • • • Packet Page-690- 1/14/2014 16.B.1 . i 1 ■ A. Inspection by Using Agency: The Director shall have the authority to authorize using agencies having the staff and facilities for adequate inspection to inspect all deliveries made to such using agencies under rules and regulations which the Director shall prescribe. 1 1 B. Testing: The Director shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. In the i performance of such tests, the Director shall have the authority to make use of laboratory facilities of any agency of the County or of any outside laboratory. I i XXI1I. SURPLUS COMMODITIES AND TANGIBLE PERSONAL PROPERTY All using agencies shall submit to the Director,at such times and in such form as shall be prescribed, reports showing stocks of all tangible personal property which are no longer used or which have become obsolete,worn out or scrapped. 1 A. Transfer: The Director shall have the authority to transfer surplus stock to other 1 using agencies. B. Sale: The Director shall have authority to sell all commodities of a value less than the limits proscribed under Chapter 274 F.S., which have become unsuitable for i County use. Sales under this section shall be made to the highest responsible bid I 1 and in conformance with Section, 274, F.S. The Director shall be authorized to approve all sales where the net revenue to the County does not exceed$50,000.Ali 1 sales exceeding $50,000 in net revenue to the County will be approved by the Board prior to completing the sale or conducting the sales event. C. Trade In: The Director shall be authorized to approve purchases that include the "trade in of existing items (including assets) pursuant to the purchase of new, replacement or upgraded items/services. I D. Donation: Operating departments under the purview of the Board of County Commissioners shall be authorized to accept Items donated to the County. The I receipt of all items not considered to be assets as defined under Florida law is to be 1 documented by a letter from the operating department director to the donating entity. Items considered to be assets are to be documented using the appropriate forms and forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division. Documentation Is to include,but not be limited to;the date the asset(s)was received; the estimated fair market value of the asset(s);a description of the asset(s); a serial number if applicable and the fund/cost center under which the asset(s) will be I assigned. 1 E. Disposition of Assets: The Director shall have the authority to determine whether previously-acquired items (including assets)that are no longer useful to the agency have commercial value and if not to dispose of such hems in an appropriate manner with or without offering such items for sale,trade or donation to other entities. The Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a a quarterly report that identifies any assets that are disposed of under the provisions of f this subsection. XXIV. PURCHASING CARD PROGRAM ; The Director shall be responsible for the overall management and operation of the County's purchasing card program. For the purpose of this policy,a purchasing card is a 21 • Packet Page -691- • 1/14/2014 16.B.1. • credit card officially assigned to specific employees under the purview of the Board of County Commissioners' agency for the purpose of transacting small and/or strategic purchases. The Director shall be authorized to assign cards to employees for these purchases. The Director shall have the authority to establish the following dollar limits for each assigned card: A. Single Transaction Limit: Not to exceed$1,000 per card unless otherwise authorized by the Director. B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise authorized by the Director. C, Strategic Purchases: The Director may utilize (or delegate the authority to other Purchasing Department staff to utilize) a purchasing card to place orders that exceed the limits set forth under this section In instances where one or more of the following is true: 1. Where the purchase is to address a valid public emergency; or 2. Where the County will earn revenue through card program rebates;or 3. Where a vendor is requiring the County to order by purchasing card. D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., County purchases transacted with vendors within the State of Florida are exempt from the state sales and use tax.In such instances, it is the responsibility of the cardholder to provide the vendor with the appropriate tax exemption information when the card is presented to the vendor. In the event that the cardholder refuses to grant the tax exemption when the card is presented, the cardholder is authorized to allow the tax to be charged to the card. It is the position of the Board that it is not cost effective or in the public Interest to require a cardholder to seek a credit for sales tax collected when the total sale does not exceed $300. In the event that the total sale exceeds $300, the cardholder's department director(or their designee) is responsible to ensure the tax is returned to the County for the purchase. E. Rebates; All purchasing cards rebates will be credited to the general fund unless otherwise specified by the Director. In all such Instances, the Director shall ensure that the purchase has been approved subject to all other provisions of this policy. All fixed assets purchased using a purchasing card shall be properly recorded and tracked through the Fixed Assets Section of the Clerk of Courts Finance Division. The language of this section is not intended to supersede the provisions of Collier County Resolution 2006-49. XXV, SEVERABILITY If any one or more of the provisions of this Policy should be held contrary to any provision of law or contrary to express law, though not expressly prohibited, or against public policy,or shall for any reason whatsoever be held invalid,then such provision(s) shall be null and void and shall be deemed severable from the remaining provisions of this Policy and in no way shall affect the validity of all other provisions of this Policy. 22 Packet Page -692- 1/14/2014 16.B.1 . I . XXVI. REPEAL PRIOR AND CONFLICTING All resolutions and policies or parts of resolutions and policies, in conflict herewith, are hereby repealed. XXVII. EFFECTIVE DATE An official copy of this Policy shall be filed in the office of the Clerk to the Board of County I j Commissioners Immediately after enactment and this Policy shall take effect at that time. XXVIII. CONFLICT OF INTEREST When procuring commodities or services using County funds, each entity and employee under the purview of the Board of County Commissioners shall comply with all applicable state and federal laws concerning conflict of Interest. For state or federal Community Development Block Grant-funded projects, entitles and employees shall comply with the requirements of Part 85, Section 36(b)(3)of the Housing and Urban Development Code. XXIX. DEBARMENT AND SUSPENSION The Board shall grant authority to County staff to suspend and/or debar vendors, contractors, consultants and other interested and affected persons from active participation in obtaining County contracts. The purpose of any such action shall be to protect the County's Interests and the integrity of the County's contracting process, The suspension and debarment processes shall be considered to be separate from and in addition to the award evaluation and vendor performance evaluation processes authorized elsewhere In this policy, A. Definition of Terms: For the purposes of this section, the following terms have been defined as follows: 1. Affiliate refers to associated business entities or individuals that control or could control the contractor or are controlled by the contractor or could be controlled by the contractor, 2. Civil Judgment refers to a judgment or finding of a civil offense by any court of competent jurisdiction. 3. Contractor means any individual or legal entity that: a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is awarded, or reasonably may be expected to submit offers for or be awarded, a County contract for construction of for procurement of • commodities and services, including professional services;or b. Conducts business, or reasonably may be expected to conduct business, with the County as an agent, surety, representative or subcontractor of another contractor. c. For the purposes of this section,the terms "vendor"and"consultant"shall have the same meaning as"contractor"and the term"sub consultant"shall have the same meaning as the term"subcontractor". 4. Conviction means a judgment or conviction of a criminal offense, felony or misdemeanor, by any court of competent jurisdiction,whether entered upon a verdict or a plea, and Includes a conviction entered upon a plea of no lo contendere. 23 Packet Page-693- 1/14/2014 16.8.1 . 5. Debarment means action taken by the County to exclude a contractor from County contracting and County-approved subcontracting for a reasonable, specified period as provided herein. i !i 6. Preponderance of the Evidence means proof by Information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not. 7. Subcontractor: Any individual or legal entity that offers or agrees to provide commodities or services to a party deemed to be a contractor under this section. 8. Suspension refers to action taken by the Purchasing/General Services Director (hereinafter referred to as "the PGS Director") to temporarily disqualify a !i contractor from County contracting or County-approved subcontracting, B. Suspension: The Purchasing/General Services Director shall have the authority to suspend a contractor, subcontractor or person from consideration for award of i ! contracts If there appears to be a reasonable basis for debarment as set forth under Section XXIX. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. The suspension period shall not exceed three months without the approval of the County Manager. A decision to suspend by the Purchasing/General Services Director shall be considered final and conclusive with no right of appeal. C. Debarment: 1. Causes for Debarment The prospective causes for debarment include one or more of the following; a. Conviction for commission of a criminal offense as an Incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. b. Conviction under state or federal law of embezzlement, theft, forgery, bribery,falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a contractor. c. Conviction under state or federal antitrust laws arising out of the submission of bids, proposals or other competitive offers. d. Violation(s) of county contract(s) provisions, which is (are) deemed to be serious and to warrant debarment, including the failure, without good cause, to perform in accordance with the terms, conditions, specifications, scope,schedule or any other provisions of the contract(s). e. Refusal to provide bonds, insurance or other required coverages and certifications thereof within a reasonable time period. f. Refusal to accept a purchase order, agreement or contract, or perform accordingly provided such order was issued timely and in conformance with the solicitation and offer received. 24 Packet Page-694- 1/14/201416.8.1 . g. Presence of principals or corporate officers in the business of concern,who were principals within another business at the time when the other business was suspended or debarred within the last three years under the provisions of this section. h. Violation of the ethical standards set forth under applicable state or county laws. • i. Debarment of the contractor by another public agency. j. Any other cause deemed to be so serious and compelling as to materially affect the qualifications or integrity of the contractor. 2. Debarment Procedure: a. The county department requesting the debarment action shall submit to the PGS Director a written complaint setting forth the reason(s) for seeking debarment and shall identify a recommended debarment period. b. The PGS Director shall review the complaint, verify whether it is compliant with the provision of this policy, direct any appropriate changes and forward the complaint to the contractor. i I c. The contractor shall review the complaint and shall provide a written response (with supporting documentation) to each allegation. The response shall be provided to the PGS Director within 10 (ten) business days of receipt of the allegations submittal. In the event that the contractor fails to respond to the complaint within the prescribed time period, the ; .._ complaint, as forwarded to the contractor, shall become an effective debarment decision without further appeal. d. In the event that the contractor files a timely and complete response to the complaint and the debarment action Is based upon a conviction,judgment or other event(s)where there is no significant dispute over material facts, the PGS Director shall determine the period of debarment on the basis of the undisputed material information set forth or referenced in the complaint, the contractor's reply and the parameters set forth in this section. In the event that the Contractor objects to the PGS Director's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be I j forwarded to and considered by the County Manager (or his designee), who will review the debarment record compiled by the initiating department and the contractor. Should the County Manager overturn the PGS Director's decision; the County Manager shall formally cite the reasons for doing so. e. In the event that the contractor files a timely and complete reply to the complaint and where the facts are in dispute, the Purchasing Department will convene a debarment committee (hereinafter referred to as "the committee") consisting of at least three individuals who will review the complaint and the contractor's reply. The County Manager or his designee shall formally appoint the committee,which will generally consist of county employees, none of whom shall be a member of the department initiating the complaint. At the discretion of the County Manager, a member from private industry with a particular area of relevant expertise may be appointed to the committee, provided that this member is not a direct or 25 A Packet Page-695- 1/14/2014 16.B.1 . indirect competitor of the firm In question. The Office of the County Attorney shall appoint a representative to attend the hearing. The representative shall not be considered a voting member of the committee, but shall be available to provide legal counsel to the committee as necessary. All members appointed to serve on the debarment committee shall disclose, to the PGS Director, or his designee, any actual or prospective conflicts of interest at the time of appointment or at the time in which the member becomes aware of the actual or prospective conflict. f. The PGS Director, or his designee,shall chair the committee and serve as the Purchasing Department's representative to the committee. The Purchasing representative shall preside over and facilitate the deliberations of the committee as a non-voting member and serve as the County's liaison to the Contractor In the debarment process. All voting committee members are prohibited from having any communication regarding the debarment Issue outside the committee deliberations with any of the 1 i parties involved in the specific debarment or their representatives until after the committee decision has been issued or, in the event of an appeal of that decision by the Contractor, until the conclusion of the appeal process. All committee deliberations are subject to Section 286.011 F.S. g. Where the material facts are in dispute, the committee shall evaluate the evidence,judge the credibility of witnesses and base its decision upon the preponderance of the evidence. Should the contractor fail to appear at the debarment hearing,the contractor shall be presumed to be unqualified and or non-responsive and shall be subject to debarment. The committee decision shall be by a majority vote of those voting members in attendance. The committee shall be the sole trier of fact, in the event that the committee.decides to impose debarment, the debarment decision will formally include,but not be strictly limited to the following information, 1) The specific reasons for the debarment; 2) The scope of the debarment; and 3) The period of debarment,including the effective and expiration dates. The committee's decision shall be issued in writing within 20 business days of the conclusion of the hearing unless the committee extends this period for good cause. h. The PGS Director shall forward the committee's decision to the contractor and affiliates involved, Should the Contractor object to the committee's decision, the Contractor shall have a maximum of three business days to file an appeal of the debarment decision with the PGS Director. The appeal will be forwarded to and considered by the County Manager(or his designee), who will review the debarment record compiled by the initiating department, the contractor and the committee. Should the County Manager overturn the committee's decision; the County Manager shall formally cite the reasons for doing so. H 3, Debarment Period: a, At its sole discretion, the committee shall determine the period of debarment. The debarment period shall be commensurate with the severity of the cause(s)and in no event shall be the debarment period exceed five years without the approval of the Board. 26 Packet Page-696- 1/14/2014 16.B 1 . b. At Its sole discretion, the committee (having the same or different composition) may reduce the debarment period upon a written request from the contractor to do so, based on one or more of the following reasons: 1. Newly discovered material evidence; 2. A reversal of the conviction, civil Judgment or other action upon which the debarment was based; 3. Bona fide change In ownership or management; ' I 4. Elimination of other causes for which the debarment was imposed; or 5. Other reasons that the committee might deem appropriate. The contractors request shall be submitted to the PGS Director In writing and shall be based on one or more of the aforementioned reasons. c. The decision of the committee regarding a reduction of the debarment period is final and not subject to appeal. 4. The Effects of Debarment: a. Debarred contractors are excluded from receiving County contracts. ' 4.1 Departments shall not solicit offers from, award contracts to, or consent to subcontractors with debarred contractors, unless the County Manager or his designee determines that emergency or single source conditions exist and grants written approval for such actions. Debarred contractors are excluded from conducting business with the County as agents, representatives, subcontractors or partners of other contractors, b. The Purchasing Department shall notify all Board departments of the final debarment decision and the effects of that decision with regard to conducting business with the debarred entity(ies) during the debarment period. 5. Continuation of Current Contracts: a. Departments may not renew or otherwise extend the duration of current contracts with debarred contractors in place at the time of the debarment unless the PGS Director or his designee determines that it Is In the best Interests of the County to allow the contractor to continue or finish the work within an additional, limited period of time. b. Debarment shall constitute grounds for terminating an open agreement with a contractor. However, the contract manager may permit completion of an open contract(s) provided that the debarred contractor has performed in a satisfactory manner to date under the open contract(s)unless otherwise directed by the PGS Director. • 27 Packet Page -697- 1/14/2014 16.8.1 . • 6. Restrictions on Subcontracting: a. When a debarred contractor is proposed as a subcontractor for any • subcontract subject to County approval, the department shall not consent to subcontracts with such contractors unless the County Manager or his designee determines that emergency or single source conditions exist, thus justifying such consent and approves such decision. b. The County shall not be responsible for any increases in contract costs or other expenses incurred by a contractor as a result of rejection of proposed subcontractors pursuant to subsection 6.a provided that the subcontractor was debarred prior to the submission of the applicable bid or proposal offer, 7. The Scope of Debarment: Debarment applies to all officers, principals, directors, partners, qualifiers, divisions or other organizational elements of the debarred contractor, unless the debarment decision is limited by Its terms to specific divisions, organizational elements or commodity/services. The committee's decision Includes any existing affiliates of the contractor If they are specifically named and are given written notice of the proposed debarment and an opportunity to respond. Future affiliates of the contractor are subject to the pre-existing terms of the committee's decision. 2/90/09 28 Packet Page -698- 1/14/2014 16.8.1 . Expenditure Service Level Analysis grouped by Fund,Fund Center 41111k, Y ! Y Collier County Government Fiscal Year 2014 FY 2013 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 Adopted Object Code and Account Name Actual Adopted Annualized Current Expanded Total %Change 187 Bayshore/Gateway Tri 1138325-187 Gateway/bayshore District 500 Personal Services 512100 Regular Salaries 306,984 183,747 171,500 178,170 0 178,170 -3.04 512700 Cell Phone Allowance 139 0 0 0 0 0 0.00 513100 Other Salaries And Wages 0 43 100 0 0 0 -100.00 514100 Overtime 271 0 0 0 0 0 0.00 518100 Termination Pay 7,487 0 2,200 0 0 0 0.00 519100 Reserve For Salary Adjustment 0 7,638 3,900 4,879 0 4,879 37.75 521100 Social Security Matching 22,063 14,690 13,200 14,029 0 14,029 -4.60 522100 Retirement Regular 14,796 10,646 9,300 12,711 0 12,711 19.40 523150 Health Insurance 63,730 39,819 39,800 39,300 0 39,300 -1.30 523152 Dental Insurance 0 0 0 1,472 0 1,472 100.00 523153 Short Term Disability ins 0 0 0 272 0 272 100.00 523154 Long Term Disabitty Ins 0 0 0 572 0 572 100.00 523160 Life Insurance Short-Long Term 1,022 517 500 495 0 495 -4.26 524100 Workers Compensation Regular 500 700 700 500 0 500 -28.57 527200 Allowance For Cell Phone -139 0 0 0 0 0 0.00 500 Personal Services 416,834 258,000 241,200 252,400 0 252400 -2.17 800 Operating Expense 631100 Legal Fees 0 500 0 0 0 0 -100.00 831600 Appraisal Fees 1,105 0 0 2,000 0 2,000 100.00 631990 Other Professional Fees 951 500 0 0 0 0 -100.00 634207 IT Capital Allocation 1,200 500 500 500 0 500 0.00 634210 Info Tech Automation Allocation 12,800 12,100 12,100 11,600 0 11,600 -4.13 634980 Interdept Payment For Sery 358 5,000 5,000 7,500 0 7,500 50.00 634999 Other Contractual Services 99,751 50,000 173,200 50,000 0 50,000 0.00 640200 Mileage Reimbursement Regular 0 200 0 0 0 0 -100.00 840300 Out Of County Travel Prof Devel 1,062 3,000 0 2,000 0 2,000 -33.33 840410 Motor Pool Rental Charge 361 0 0 0 0 0 0.00 641230 Telephone Access Charges 0 0 0 500 0 500 100.00 641700 Cellular Telephone 638 0 0 0 0 0 0.00 641900 Telephone Sys Support Allocation 1,943 0 1,900 1,900 0 1,900 100.00 641950 Postage Freight And Ups 256 600 600 600 0 600 0.00 . 641951 Postage 24 0 0 0 0 0 0.00 843100 Electricity 2,847 4,000 4,000 4,000 0 4,000 0.00 643400 Wafer And Sewer 1,898 2,000 2,000 2,000 0 2,000 0.00 644100 Rent Buildings 21,275 15,600 18,300 21,000 0 21,000 34.62 645100 insurance General 4,400 4,300 4,300 2,500 0 2,500 -41.86 645260 Auto Insurance 900 0 0 0 0 0 0.00 646360 Maintenance Of Grounds Allocated 6,445 6,000 6,000 8,000 0 8,000 33.33 646430 Fleet Maint Isf Labor And Overhead 132 0 0 0 0 0 0.00 646440 Fleet Maint ISF Parts and Sublet 65 0 0 0 0 0 0.00 1 646445 Fleet Non Maint ISF Parts and Sublet 10 0 0 0 0 0 0.00 647110 Printing Binding Outside Vendors 45 3,000 3,000 2,500 0 2,500 -16.67 648170 Marketing And Promotional 7,181 5,000 5,000 3,000 0 3,000 -40.00 649050 Property Assessment Tax 23,554 24,000 24,000 24,000 0 24,000 0.00 649100 Legal Advertising 2,834 1,000 1,000 1,500 0 1,500 50.00 648992 Volunteer Recognition 118 0 0 0 0 0 0.00 651110 Office Supplies General 470 3,500 3,500 2,500 0 2,500 -28.57 851210 Copying Charges 3,980 6,000 6,000 6,000 0 8,000 0.00 652490 Fuel and Lubricants ISF Billings 99 0 0 0 0 0 0.00 652990 Other Operating Supplies 769 0 0 0 0 0 0.00 654110 Books Pub!&Subscriptions 0 200 0 0 0 0 -100.00 654210 Dues And Memberships 585 700 700 700 0 700 0.00 Bayshore Gateway Triangle CRA Go 1 10/21112013 Pineland Avenue Stormwater Project DRI Application Exhibit: Organization's Most Current Packet Page-699- 1/14/2014 16.B.1 . Expenditure Service Level Analysis grouped by Fund,Fund Center Collier County Government Fiscal Year 2014 FY 2013 FY 2012 FY 2013 FY 2013 FY 2014 FY 2014 FY 2014 Adopted Object Code and Account Name Actual Adopted Annualized Current Expanded Total I Change • L187 BayshorelGateway Tri j L138325-187 Gateway/bayshore District II 600 Operating Expense 654360 Other Training Ed Exp -224 1,000 1,000 1,000 0 1,000 0.00 800 Operating Expense 197,810 148,700 272,100 155,300 0 155,300 4.44 610 Indirect Cost Reimburs 634970 Indirect Cost Reimbursement 66,800 83,800 83,800 39,600 0 39,600 -52.74 "810 Indirect Cost Reimburs 86,800 83,800 83,800 38,800 0 39,600 -52.74 700 Capital Outlay 763100 Improvements General 18,178 0 0 0 0 0 0.00 700 Capital Outlay 18,178 0 0 0 0 0 0.00 80D Grants and Aid 884200 Residential Rehab 234,291 128,000 128,000 20,000 0 20,000 -84.38 800 Grants and Aid 234,291 128,000 128,000 20,000 0 20,000 -84.38 138325-187 Gateway/bayshore District 933,713 818,600 725,100 467,300 0 467,300 -24.46 1919010-187 Reserves 991 Reserves For Contingencies 991000 Reserve For Contingencies 0 51,500 0 51,000 0 51,000 -0.97 991 Reserves For Contingencies 0 51,500 0 51,000 0 51,000 -0.97 993 Reserves For Capital 993000 Reserve For Capital Outlay 0 71,900 0 315,400 0 315,400 338.66 993 Reserves For Capital 0 71,900 0 315,400 0 315,400 338.66 919010-187 Reserves 0 123,400 0 368,400 0 366,400 196.92 1929010-187 Transfer 9400 Trans to 287 CRA Loan 912870 Transfer To 287 Ore Loan 1,400,00D 1,427,800 1,494,900 905,700 0 905,700 -36.57 940o Trans to 287 CRA Loan 1,400,000 1,427,800 1,494,900 905,700 0 905,700 -36.57 929010-187 Transfer 1,400,000 1,427,800 1,494,900 905,700 0 905,700 -36.67 187 Bayshore/Gateway Tri 2,333,713 2,169,700 2,220,000 1,738,400 0 1,739,400 -19.83 Report Total 2,333,713 2,189,700 2,220,000 1,739,400 0 1,739,400 -19.83 • . . I i I GovMax V6 2 10/26/2013 Packet Page-700-