Agenda 03/11/2025 Item #16D 8 (After-the-fact grant application to support the Immokalee Pioneer Museum and Grove Project)3/11/2025
Item # 16.D.8
ID# 2025-794
Executive Summary
Recommendation to approve an after-the-fact electronic grant application in the amount of $78,000 to the Collier County
Community and Human Services PY 2025/2026 Housing and Urban Development (HUD) Grant Cycle for Community
Development Block Grant funds to support the Immokalee Pioneer Museum Garden and Grove Project. Housing Grant
Fund (1835).
OBJECTIVE: To further the ability of the Collier County Museums to serve the Immokalee community through
educational programs and food distribution of fruits and vegetables grown at the Immokalee Pioneer Museum at Roberts
Ranch. This project meets Collier County’s Quality of Place strategic objective by offering expanded access to health,
wellness, and human services.
CONSIDERATIONS: On December 19, 2024, the Collier County Community and Human Services Division (CHS)
announced the opening of the PY 2025/2026 grant application cycle for Housing and Urban Development (HUD)
Community Development Block Grant (CDBG) funds. The grant application cycle required the submission of a pre-
application and attendance of a required technical assistance session prior to the full application opening on February 3,
2025. Applications were due on February 24, 2025. Collier County Museum Division submitted the pre-application on
January 17, 2025, and attended the technical assistance held by Collier County Community and Human Services on
January 31, 2025.
The Museum’s proposed scope of the project will include the hiring of a program assistant at the Immokalee Pioneer
Museum to help assist current museum staff with the facilitation of educational programs and food distribution
associated with the vegetable garden and citrus grove that were constructed using State and Local Fiscal Recovery
Funds (SLFRF). The SLFRF project funds were awarded to the Museum Division in September 2021, and the garden
and grove will be completed this calendar year. The grant requires no match, and all activities and staffing costs will be
paid by the grant. If awarded, staff will enter into a MOU with CHS and the Board will approve the project through the
annual Action Plan process in June 2025.
Due to the short turnaround time and the necessity to coordinate grant applications with other County divisions, staff is
utilizing CMA 5330, which authorizes the County Manager to approve the submittal of grant applications followed by
after-the-fact approval by the Board of County Commissioners at their next available meeting. The County Manager
approved the application on February 24, 2025; a copy is attached to this item.
This project meets Collier County’s Quality of Place strategic objective by offering expanded access to health, wellness,
and human services.
FISCAL IMPACT: Upon notification of the grant award, the Board will be asked to accept the grant and approve the
budget amendment to recognize the revenue and appropriate the expenditures. The grant application requests $78,000 to
support the operations of the museums Garden and Citrus Grove and includes the hiring of (1) FTE position. There is
no match required for this grant. Revenue and expenditures will be allocated to the Housing Grant Fund (1835).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues and
requires majority vote for approval. -JAK
RECOMMENDATIONS: Recommendation to approve an after-the-fact electronic grant application submitted to the
Collier County Community and Human Services PY 2025/2026 Housing and Urban Development (HUD) Grant Cycle
for Community Development Block Grant funds to support the Immokalee Pioneer Museum Garden and Grove Project.
Housing Grant Fund (1835).
PREPARED BY: Amanda Townsend, Museum Director
Page 2717 of 4027
3/11/2025
Item # 16.D.8
ID# 2025-794
ATTACHMENTS:
1. CM MEMO 2025 02-24 HUD PTE CHS PY25-26 (MUS)
2. APP 2025 02-24 CHS PTE HUD PY25-26
Page 2718 of 4027
unql
Office of Management & Budget
Amy Patterson, County Manager
Amanda Townsend - Museum Div. Director
Michael Nieman - Strategic lnitiatives Director
FROM: Therese Stanley
Manager - OMB Gra
cffi"rco
Y
rfis Com
Grant Application Reviewed and Approved by
Co Manager, or
Counry Manager
After-the-Fact Approval by the BCC is required at
the March I l, 2025, BCC meeting
pliance
DATE
RE:
February 21, 2025
County Manager review and approval for the submittal of a grant application to the
Collier County Community and Human Services Division under the PY 2025126
Housing and Urban Development (HUD) Grant Cycle for the Community Development
Block Grant (CDBG) program to support the lmmokalee Pioneer Museum Garden and
Citrus Grove in the amount of $78,000 (ATF 25-003)
The County's Museum Division (Museum) is submitting a Program Yeat 2025126 CDBG
application to CHS for the operations of the lmmokalee Pioneer Museum Garden and Citrus
Grove. Funding is available through HUD that provides annual funding to the County's CHS
Division.
The scope of the funding request includes the hiring of a Program Assistant at the lmmokalee
Pioneer Museum to handle day-to-day operations of educational programs and food distribution
associated with the vegetable garden and citrus grove at the museum. The garden and grove are
currently in construction with American Rescue Plan (ARP) grantfunding awarded to the Museum
in September 2021 . The construction portion of the project will be completed this calendar year.
The current request of CDBG funds is $78,000. There is no match requirement for this grant.
The funding opportunity was announced on February 3, 2025, with a due date of February 24,
2025. Due to the short turnaround, we are asking for your approval to submit the application for
submittal followed by an After-the-Fact approval by the Board at the March 11, 2025, Board
meeting.
Once you have reviewed the application, please sign in the box above and in the areas marked
throughout the application and call me for pickup at 239-252-2959.
Thank you, and please let me know if you have any questions regarding this request.
3299 Tamiami Trajl East, Suite 201 . Naples, Florira U112-5146 ,239-252-8973 . FAX 239-2524828
TO:
CC:
?)4-@ta"et
Page 2719 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 3
Grant Overview
Completed by helen.midney@colliercountyfl.gov on 1/16/2025
10:13 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
Grant Overview
COLLIER COUNTY
Community and Human Services
CDBG, HOME, ESG, HOME-ARP & SHIP GRANTS
PY2025 Grant Application Cycle
If you are interested in being placed on the community meetings or Notice of Funding Availability (NOFA) mailing
lists, or if you have questions about this application, the CDBG programs, please email
Tracey.Smith@colliercountyfl.gov
Application Process
Our Grant Application Guide can be found HERE.
Collier County Grant Application Cycle
Collier County is an entitlement grantee and receives funds from the U.S. Department of Urban and Housing
Development (HUD) through three (3) federal programs: Community Development Block Grant (CDBG), HOME
Investment Partnership (HOME) and Emergency Solutions Grant (ESG). HUD requires the County complete a Five-Year
Consolidated Plan that includes a housing assessment, market analysis and assessment of community development
needs. The Consolidated Plan is meant to address the needs of low and moderate-income persons and families,
including homeless individuals. It establishes the County’s program priorities, goals and objectives for community
development programs and sets the framework for subsequent one-year action plans that describe specific activities
that will be funded through the County’s grant program.
Collier County receives funds from the Florida Housing Finance Corporation (FHFC), to administer the SHIP program.
The SHIP program is governed by Chapter 420, Part VII, Florida Statutes and Rule Chapter 67-37 of the Florida
Administrative Code. FHFC requires the County to complete a Three-Year Local Housing Plan (LHAP). The LHAP is
meant to address the needs of extremely low, very low, low and moderate-income persons and families, including
those with Special needs (420.9075(5), F.S.)
Funding Availability
The funding application anticipates the availability of CDBG, HOME, ESG, & HOME-ARP funds from the U.S.
Department of Housing and Urban Development and SHIP funds from the Florida Housing Finance Corporation. CHS
will allocate planning and administration and CHS Project Delivery funds prior to funding the remaining balances to
projects for all funding sources, as applicable.
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Printed By: Parker Smith on 2/20/2025 2 of 3
The funding application anticipates the availability of SHIP funds from the Florida Housing Finance Corporation (FHFC).
Exact funding amounts are still pending from FHFC. CHS will allocate planning and administration and CHS Project
Delivery funds prior to funding the remaining balances to projects, as applicable.
Considerations Prior to Applying
CHS wishes to provide as much information to prospective applicants as possible so informed decisions can be made
about applying for grant funds. A Pre-Application step along with the traditional 1:1 Technical Assistance meeting
that is required before a full application can be submitted. The pre-application is just the beginning. Below is a
snapshot of some of the items to consider during the planning process. Additional specific regulations or
requirements will apply based on the particular project. This is not intended as a complete listing.
No project can begin prior to a notice to proceed. Some may require an approved environmental review,
which can take from 30 days to 6 months or more depending on level required.
A number of policies and procedures will be required to be written, followed and submitted.
Adherence to project schedule and spending of grant funds timely is critical - appropriate thought must go
into planning the timeline for your project.
Quarterly reports are required on the progress of project which could include beneficiary reporting.
Organizational leadership attendance at Quarterly Partnership Meetings is mandatory
Segregation of grant funds or demonstrated segregation in operation of funds is required
Adhere to federal, state, and/or local procurement regulations
All advertisements or publications associated with grant funded projects must contain the County logo and
acknowledgement of HUD and FHFC funds in the project, if applicable
Records and staff must be available for internal audit, HUD or State audits as needed
Annual reports will be required during the affordability and project use periods.
Funded entities will be required to retain all records and documents for 3 years after the County submits its
final CAPER report to HUD grant, per 2 CFR 200.234, unless otherwise specified.
If the project generates program income, a program income reuse plan will be required for the life of the
grant and the compliance monitoring period.
If awarded under HOME, affordability periods will be required depending on the type of construction, new or
rehabilitation, single family or rental.
If awarded HOME or ESG, non-federal match will be required.
If awarded under ESG, can fund only homeless services within specific income limits (30% of AMI)
Monthly pay requests are required with auditable detailed backup appropriate for the type of project
If awarded funding for salaries, the organization will be required to submit substantial payroll and banking
information to include signed timesheets as backup for each pay request. We do not reimburse for benefits
Documentation for all expenditures is required
Retainage from each payment request may be taken until all terms of the contract are met; and only released
upon a final clean monitoring report
Monitoring will occur during and at closeout of your project, and possibly annually thereafter depending on
the nature of the project or program and whether beneficiaries have been achieved
Annual monitoring will be conducted by CHS to ensure affordability, client targets of specific income limits
depending on housing use, and other requirements have been and continue to be met.
If a construction project, specific additional regulations might apply such as Section 3, BABA, Energy Efficiency,
Davis Bacon for wage determination. The ability to use LCP Tracker software to enter certified payroll is
required.
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Printed By: Parker Smith on 2/20/2025 3 of 3
Preparation Resources:
2021-2025 Consolidated Plan
Matrix Code Definitions
IDIS Matrix CDBG Eligibility Activity Codes and National Objectives
Matrix Code National Objective Accomplishment Types
Local Housing Assistance Plan
CDBG Playing by the Rules Handbook
Collier County Procurement Manual
If you have any questions regarding Pre-application, application funding and award process please contact Community
and Human services at 239-252-1428 for more information.
Page 2722 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 2
Pre-Application
Completed by parker.smith@colliercountyfl.gov on 1/17/2025
10:40 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
Pre-Application
Please provide the following information.
COLLIER COUNTY'S COMMUNITY & HUMAN SERVICES PRE-APPLICATION GUIDE CAN BE VIEWED HERE
1. Are you an individual seeking assistance? If yes, STOP and call (239) 252-2273 or (239) 450-2114
No
2. Activity Type:
Public Services
3. Activity Description (Examples of information to provide: Who is your target population; what are you proposing
to do/provide; where will activity occur; why is the activity needed)
Our target population is people within the qualified census tracts in Immokalee, FL. This project will involve hiring one
full-time program manager to work in and maintain a half-acre garden, as well as a 1.25-acre citrus and fruit tree
grove on our museum grounds to grow and provide community members with fresh fruit and vegetables combined
with education from the program manager. Additionally, additional staff support from temporary workers, like
Keystaff, will be brought on, as necessary, to assist with events or busy weeks for education and food distribution.
Due to limited staffing capacity at the Robert's Ranch Museum, Museum staff cannot currently both run day-to-day
museum operations and maintain the full programmatic potential of the grove simultaneously. The community in
Immokalee does have high levels of food insecurity, so the expansion of this project would allow for both greater
community involvement for the Museum division as well as meeting the needs of the community where they are.
4. Activity Aligns with which County Priority:
Public Services
5. Funding Source: Projects funded by CDBG must meet a National Objective. If your project falls under the Low to
Moderate Area (LMA) National Objective, a LMA map and narrative will be required. Please visit the HUD user
website for current Qualified Census Tracts based on Naples-Immokalee-Marco Island, FL MSA. For all other CDBG
National Objectives (LMC, LMH, LMJ); ALL clients must be income qualified. Therefore you will be required to
describe, in detail, how your organization will verify income eligibility for ALL recipients of applicable services.
Additional documents may be requested by Staff.
CDBG
National Objective:
LMA
Activity Category:
Public Service
Page 2723 of 4027
Printed By: Parker Smith on 2/20/2025 2 of 2
Proposed Accomplishments:
People
6. Amount of Request:
$78,000.00
7. Total Project Cost:
$78,000.00
8. If awarded less than requested could/would your agency accept funding?
Yes
If Yes, please provide a short explanation as to the minimum award needed if considered.
We would need at least $52000 to hire one staff member to help function as a program manager for the grove.
Ideally, we would be able to hire one full-time program manager and possibly contract out additional keystaff workers
to help with education and other grove/garden activities.
9. If you are seeking funding for a construction project will you be able to provide an Independent Cost Estimate at
the time of application?
This is to show you have a firm grasp of the true cost of the project for which you are seeking funding.
10.a. Contact Name
Helen Midney
10.b. Contact Email
helen.midney@colliercountyfl.gov
10.c. Contact Phone Number
(239) 252-2604
Please be advised that by completing and submitting this pre-application no grant award has been offered or
implied.
Page 2724 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
Admin Pre-Approval
Completed by lisa.carr@colliercountyfl.gov on 2/14/2025 4:47 PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
Admin Pre-Approval
Please provide the following information.
IF YOU ARE APPROVING THE CASE, PLEASE SELECT COMPLETE & CONTINUE. IF YOU ARE DENYING THE CASE, PLEASE
SELECT SAVE ONLY AND CHANGE THE CASE STATUS TO DENIED.
Based off the applicant's Pre-Application they are:
Approved
Signature:
Lisa N. Carr
Electronically signed by lisa.carr@colliercountyfl.gov on 2/4/2025 11:48 AM
Date:
01/04/2025
Page 2725 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
A. Applicant Information
Completed by parker.smith@colliercountyfl.gov on 2/19/2025 2:18
PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
A. Applicant Information
APPLICANT INFORMATION
A.1. Agency Name
Collier County Museum
A.2. Mailing Address
1215 Roberts Ave W Immokalee , FL 34142
A.3. Physical Address
1215 Roberts Ave W Immokalee , FL 34142
A.4. Project Contact
Helen Midney
A.5. Title
Robert Ranch Museum Manager
A.6. Telephone
(239) 252-2604
A.7. Phone Ext.
A.8. Email
helen.midney@colliercountyfl.gov
A.9. Fax #
(239) 252-2604
A.10. UEI Number
JWKJKYRPLLU6
AGENCY INFORMATION
A.11. Is your organization a non-profit with 501(c)(3)
status?
No
A.12. How many years have you been in operation?
A.13. Is your organization or agency faith based? If yes,
all faith-based organizations must complete and attach
Acknowledgement of Religious Organization
Requirements Form (in the Documents tab).
No
A.14. Does your agency have written personnel, fiscal, &
procurement policies?
Yes
A.15. Does your agency have a written operating
procedures manual?
Yes
A.16. Is your organization applying as a Community
Development Housing Organization (CHDO)? If yes, you
must have certification with application to qualify.
No
Page 2726 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
B. Project Type
Completed by parker.smith@colliercountyfl.gov on 2/19/2025 4:12
PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
B. Project Type
NATIONAL OBJECTIVE
B.1. (a) Which one of the three National Objectives will
this project target?
Answer in the drop down.
Benefits low and moderate income persons (24 CFR
570.208(a))
(b) SHIP is governed by Chapter 420, Part VII, Florida
Statutes and Rules Chapter 6737 of the Florida
Administrative Code. The primary objective for the SHIP
program is to assist low-moderate income persons by
providing housing assistance through various strategies
including purchase assistance, rehabilitation, new
construction and rental assistance.
B.2. Provide justification for how your project targets
the National Objective/County Goals selected above
Immokalee, FL, has an overall low mod percentage of
85.60%, and the census tract (11400), including the
Immokalee Roberts Ranch properties, has a low mod
percentage of 80.4%. Also, based on Feeding America's
reports, the food-insecure population in Collier County is
more than 40,000. Taking these into consideration, the
Collier County Museum's ability to serve the Immokalee
community through educational programs and the
distribution of fruits and vegetables produced in the
Museum's citrus grove and vegetable garden would
provide a significant health service to the community by
adding additional resources to address the struggle of
accessing and knowledge about healthy foods.
HUD ACTIVITY CODE (CDBG, HOME, ESG)
B.3. Which HUD Matrix Activity Code best reflects this
proposed project? If your project reflects more than I
matrix code, you must submit multiple applications.
05M - Health Services
B.4. Accomplishment Type
People
B.5. Service Area
Other
B.6. Please select the SHIP Strategy that best reflects the
proposed project (if applicable).
B.7. Please select the Qualified Populations to be
targeted by your program
Page 2727 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 2
C. Project Summary
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
10:30 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
C. Project Summary
Please provide the following information.
C.1. Project Title
Roberts Ranch Garden and Grove Operations
C.2. Amount of Funds Requested
$78,000.00
C.3. Percentage of the project budget being requested in this application.
100.00%
C.4. This project represents what percentage of the organization’s total budget.
23.72%
C.5. Provide a concise project description and goals narrative.
The category will be evaluated in terms of the goals, objectives and activities (GOA) planned to complete the
project, the numbers served versus the cost and the sustainability of the activity.
Project GOA respond to identified problems, needs, and community demand as determined by the
applicant
Project GOA should be concise, achievable, measurable, time-limited, and clearly stated
Project GOA evidence the project’s value and facilitate the applicant’s organizational goals and objectives
Despite being a cornucopia to the world, Immokalee, Florida, is a food desert for its residents. This project will allow
Immokalee Pioneer Museum at Roberts Ranch, part of the Museum Division within the County Manager's Agency, to
employee a full-time Program Assistant and hire as-needed contracted labor to operate the Garden and Grove at the
museum. The Garden and Grove project is funded by the American Rescue Plan to re-create a half-acre vegetable
garden and 1.25-acre citrus grove on the museum property and distribute their foodstuffs to members of the
Immokalee community. Award of bid to construct the Garden and Grove is expected to be approved by the Board of
County Commissioners in March, and construction should be complete by October 2025. A temporary vegetable
garden has been in production since June 2023, and to date has distributed 3296.5 pounds of fresh vegetables to
approximately 600 households in need. With completion of the Garden and Grove construction, first year outputs are
estimated to be 3000 pounds of vegetables to 1300 households in need. Improved health outcomes will be measured
through self-reported increases in fruit and vegetable consumption from program beneficiaries. This project aligns
with the Museum Division's mission of engaging residents and visitors in appreciation and understanding of our
communities' unique heritage and cultural development. Adding a working horticultural element to Roberts Ranch
allows for experiential learning about pioneer cultivation practices, how agricultural production has changed over
time, and the importance of the agriculture industry to the Immokalee of yesterday and today.
Page 2728 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
D. Priority Needs
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
10:33 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
D. Priority Needs
Please provide the following information.
D.1. Describe the impact on Collier County's Priority needs.
The category will be evaluated in terms of the documentation and justification of the need for the activity.
Has articulated a rationale for the project related to the project’s purpose(s). The applicant should explain
how the project will address the stated national objectives.
Has determined the demand for the project. This may include a market analysis of the target population
and/or community(ies)
As stated, Immokalee is a food desert. The town's LMI-area status indicates poverty, but food scarcity exacerbates the
lack of purchasing power. Winn Dixie is the sole regional or national supermarket chain with a location in the town,
and its situation on the relative outskirts makes accessibility challenging for many. In addition, 37.5% of the
population is foreign-born and therefore less familiar with American foodstuffs. Small markets carry foods popular in
many residents' home countries, but the long journey to their shelves made by those products is revealed in their high
prices. One of the most successful models addressing food scarcity in Immokalee is the centrally located Cultivate
Abundance community garden at Mision Peniel. The nonprofit grows fruits and vegetable native to participants'
homelands and distributes produce and seeds, often in exchange for volunteer hours in the garden. However, the
available footprint for growing on the Mision Penial property is one-tenth of an acre, and the nonprofit reports
demand far exceeds supply. The half-acre footprint at Roberts Ranch will allow for production of five times the
quantity now possible. The museum will partner with Cultivate Abundance to distribute produce through its already
established and successful program, assuring the food produced will reach those who need it. Between three hundred
and five hundred people regularly queue up for weekly food distribution, and fresh produce does not always reach
everyone. Residents look forward to receiving the fresh, locally preferred fruits and vegetables and often ask if there
will be more coming once it has run out. An established body of research confirms that participants in community
garden programs enjoy increased food security and fruit and vegetable consumption and consume more fruits and
vegetables than non-participants. Multiple studies also reveal program participants report increased physical activity
and improved psychosocial measures like feelings of community connection. The museum will encourage but not
require volunteerism in the Garden and Grove, and distribute fresh produce as described above, thereby creating the
same conditions for improved physical and mental health outcomes as have been replicated elsewhere and
documented in the body of scientific literature.
Page 2729 of 4027
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E. Implementation
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
2:34 PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
E. Implementation
Please provide the following information.
E.1. Project Implementation Plan and Readiness to Implement.
The category will be evaluated on the basis of the applicant’s ability to commence the project and expend funds
within the program year.
Has listed tasks in a logical order that demonstrates a feasible work plan
Has identified staff, board members, partners responsible for implementation
Has available resources needed to implement proposed activity
Has demonstrated ability to complete projects or tasks in a timely manner
Work Plan clearly constructed and complete to provide a clear understanding as to how the project will be
implemented
Has demonstrated 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
Garden maintenance and programming will commence as soon as the Program Assistant is selected and hired. Work
on the project will begin immediately after training the individual selected and familiarizing them with the site, our
equipment, our partners and our practices. Helen, the on-site manager, will be responsible for training and
monitoring the Program Assistant, and reporting data to Museum Director Amanda Townsend, and Grants
Coordinator, Parker Smith. All equipment will be purchased or already on site for the program assistant to use, once
they are trained and shown to be competent. Our ARP grant project is due to be approved by the Board of County
Commissioners in March of this year, with groundbreaking and project completion by fall of 2025. Helen will continue
to handle day-to-day operations until a Program Assistant is selected. Finding the right person for the project might be
an obstacle but will ultimately not slow us down as community enthusiasm for this project is expected to provide
many candidates. Several local university students and faculty as well as community members have already asked
about participating in this project, and about potential job opportunities.
E.2. Please complete the project timeline table. Timelines must be well thought out, complete and achievable.
Failure to provide adequate timelines may result in disqualification.
Tasks No. Days to
Complete
Date Completed /
Anticipated Date
Responsible Party
Environmental review M/d/yyyy
Acquisition M/d/yyyy
Loan application M/d/yyyy
Enforceable commitment M/d/yyyy
Other Grants/Sources M/d/yyyy
Design Conceptual Drawings M/d/yyyy
Architectural Plans M/d/yyyy
Zoning Approvals M/d/yyyy
Construction Plans M/d/yyyy
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Permits M/d/yyyy
Anticipated start date for
construction
M/d/yyyy
Construction milestones M/d/yyyy
Certificate of Occupancy M/d/yyyy
Equipment purchases for
operating facility
M/d/yyyy
Facility opening M/d/yyyy
Page 2731 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 2
F. Experience/Capacity
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
10:34 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
F. Experience/Capacity
Please provide the following information.
F.1. Experience and organizational capacity narrative.
The category will be evaluated on the basis on the experience of the applicant, and experience in undertaking
projects of similar complexity as the one for which funds are being requested.
o Demonstrates capability, experience, and knowledge (i.e. managerial and technical) to implement
the project
o Roles and responsibilities are clearly defined and there is documentation that each member
understands and accepts its role
o Identifies and describes contributions of key project personnel, including the specific respective
roles, time commitment., contributions, services provided and memorandums of agreement may
be provided
o Demonstrates success from past performance with grant funding
o Commitment to the project by participating institutions, professional staff or other key institutions
or individuals
Key Members of the Project Team will be as follows: Helen Midney, Museum Manager at Immokalee Pioneer Museum
at Roberts Ranch. Helen will be directly responsible for program oversight. She will recruit, select, and supervise the
Program assistant who will carry out the day-to-day operations of the Garden and Grove. Helen has been the Project
Manager for the American Rescue Plan portion of the garden and Grove project. Program monitoring through CHS has
discovered no deficiencies in the ARP portion of the project. About 20% of Helen's time will be spent on Garden and
Grove oversight. Helen has worked to get a 1/10th acre garden established and producing fruits and vegetables since
2023. This grant will allow us to maximize staff time as well as crop yields, ensuring data is collected and we are
serving our community the best we can. We have cultivated relationships with local organizations and volunteer
groups like the Florida State University clinic system, who send medical students to get community experience and
volunteer, our local High School Key Club volunteers and other groups, as well as Cultivate Abundance, an
organization that works to grow, collect, and distribute fresh produce to the local farmworker community and others
who need it. Amanda Townsend, Museum Director. Amanda will provide project oversight and serve as a backstop for
identifying and correcting any potential programmatic or administrative issues. Amanda has managed over $16
million among 12 grants from local, state, and federal grantors in her 24 years with Collier County. About 5% of
Amanda's time will be spent on program oversight. Parker Smith, Grants Coordinator with Community and Human
Services. Parker will be advise Museums on grant administration and compliance matters. He will handle routine
administrative duties and escalate others as necessary. Parker has been assigned as the liaison between County
grantee Divisions and CHS for xx years. About x% of Parker's time will be spent on administration of this grant.
Program Assistant, To Be Named. This project will fund the Program Assistant who will oversee day-to-day operations
of the Garden and Grove. They will plant, weed, tend, harvest, distribute, record data, provide interpretation and
education, and coordinate any needed facility repair and maintenance for all food-producing horticultural activities.
100% of the Program Assistant's time will be dedicated to the Garden and Grove project. Contracted employees, To
Be Named. From time-to-time additional labor may be needed for operations. The Division may use contracted labor
to assist when merited. The Program Assistant will oversee the work of contracted employees. 100% of contracted
Page 2732 of 4027
Printed By: Parker Smith on 2/20/2025 2 of 2
employees' time will be dedicated to the Garden and Grove project. Cultivate Abundance will partner with the
museum for food distribution. Cultivate Abundance has been growing and distributing food in the Immokalee
community since 2018. The organization partners with local businesses, organizations, and homeowners to grow and
harvest produce for community distribution on weekly basis. In 2024, food was grown and shared from 44 different
sites across SW Florida for a total of 42,435 lbs. This amounted to approximately 157,589 food servings (valued at
over $82,400) that were shared with 350-500 Misión Peniel clients per week over 47 Fridays. The Immokalee Pioneer
Museum was in the top seven donors for institutions and small farms for the past year and with the new Garden and
Grove, could easily increase our contributions to be top three or higher. Should this distribution arrangement fail or
falter for any reason, the museum is open to the public Tuesday though Saturday, 9 am to 4 pm, and will be able to
shift distribution to an on-site system with agility.
F.2. Have you received funding in the past?
Yes
If yes, please complete the Prior Awards table below.
Fiscal Year Award Amount Clients Served Project Location
2021 $610,790.00 600 Immokalee, FL Roberts Ranch Museum
2020 $455,800.00 0 Immokalee, FL Roberts Ranch Museum
2023 $256,436.00 0 MarGood Harbor Park/Museum
2021 $47,800.00 0 Naples Depot
2020 $50,000.00 0 MarGood Harbor Park/Museum
$1,420,826.00
Page 2733 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
G. Environmental Issues
Completed by parker.smith@colliercountyfl.gov on 2/19/2025
10:56 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
G. Environmental Issues
Please provide the following information.
G.1. Put a check in any box that pertains to the proposed activity. If you check any of the boxes below (except 'None of
the above'), you must provide an explanation in the next question. If you check the 'None of the above' box, you may
enter 'N/A' in the next question.
Project/property is located on an historical or archeological site
Project/property is in the 100-year flood plain
Project/property is in a wetlands area
Project/property is in a coastal barrier area
Project/property is within a half-mile of an airfield
Project/property is near storage or manufacturing facility of industrial products
Project/property is on or near soil contaminated by diesel/fuel or gasoline
Project/property is expected to impact the environment in any negative manner or pose a hazard or nuisance
Endangered or threatened or listed species are located on the proposed project site
There are environmental concerns or impediments associated with the proposed activity (if yes, please
provide detail)
Project/property is expected to adversely affect the environment
Project/property is NOT on a properly zoned site (if not zoned properly, please explain)
None of the Above
G.2. If you checked any box (except 'None of the above') in the previous question, provide an explanation in the
box below.
Based 24 CFR 58.34(a)(4) this project falls under the category of "Public services that will not have a physical impact or
result in any physical changes, including but not limited to services concerned with employment, crime prevention,
child care, health, drug abuse, education, counseling, energy conservation and welfare or recreational needs;" and will
be considered exempt under environmental review standards.
Page 2734 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 2
H. Financial Management
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
3:23 PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
H. Financial Management
Please provide the following information.
H.1. Financial Management.
The category will be evaluated by the applicant’s ability to demonstrate their plans to sustain the project; utilize
funds and manage them appropriately and leverage sources of funds.
Outlines a realistic plan for sustainability after government support ends
Funding sources are documented, indicating exact level of commitment, conditions and time frame for
expending funds. All proposed partnerships are complete and documented.
Demonstrates an established accounting system
Demonstrates the financial ability to fund the project until reimbursement
Anticipated cost participation including direct funding, in-kind and staffing support after federal funding
ends
Evidence of long-term commitment/project “buy in” at high levels and community support
Costs of implementing the work plan are congruent with the proposed budget
Budget reflects an understanding of the required costs to implement and maintain the project
Need for equipment, supplies, contractual services, and other budget items are well justified in terms of the
project goal(s), objectives, and proposed activities
For HOME projects ONLY: Demonstrates the extent to which the applicant(s) has assessed the project’s
financially viable and meets the County’s subsidy layering/underwriting guidelines.
o Pro-forma or financial schedules are consistent with industry standards, including but not limited
to: fees, cost per unit, month rents, expenses, projected revenue, operation costs and depreciation
allowances. 15
o Rental project must submit a market study demonstrating need for the proposed project. Market
studies must follow the County’s guidelines
The Museum Division will operate the Garden and Grove at Roberts Ranch, with support from the Board of County
Commissioners, the Friends of the Museum, and the public. The Division is funded primarily by Tourist Taxes, with
assistance from the General Fund. The Division pursues grants as needed. The FY25 budget for the Roberts Ranch cost
center is $328,900. This budget includes staffing by two full-time equivalent employees and one full-time contracted
employee. In addition, the Friends of the Collier County Museums, in existence since 1987, provide financial support
and advocacy. Within the past two years, the Friends have received $10,000 from an anonymous donor dedicated
specifically to Roberts Ranch. The advocate who arranged for the donation indicated that the Garden and Grove
project was inspiration for the gift. The Museum Division also enjoys excellent support from the community in the
form of volunteerism. Volunteers donated over 8000 hours to the museums in the 2024 year, over 2400 of which
were at Roberts Ranch. CDBG funding will allow best use of personnel resources by dedicating a full-time Program
Assistant to Garden and Grove operations. The bulk of the requested funding will go directly to paying the Program
Assistant's salary and benefits, with a lean amount needed for ancillary support costs like a computer, cell phone, PPE,
boots, and uniforms. The balance of the requested funding will make judicious use of dollars by paying contracted
labor only during times of intense need. The first year of this program will see the vegetable and community garden in
full production. In this first year, the citrus grove will be in a tending stage. Future years will see citrus production
Page 2735 of 4027
Printed By: Parker Smith on 2/20/2025 2 of 2
added to garden output. As production increases and the community benefits, additional financial support and
volunteerism can be expected.
H.2. Agency maintains the following records:
Cash Receipts Journal
Cash Disbursements Journal
General Ledger
Chart of Accounts
Payroll Journal and Individual Payroll Records Individual
Personnel Files
Written Procurement Procedures
Capital Inventory
Written Travel Policy
Property Control Policy and Records
None of the Above
H.3. Agency agrees to: Check all that apply
Submit complete audits for every year during contract
Retaining all project records for the applicable time period as outlined in applicable regulations
Page 2736 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
I. Outcomes & Performance
Measures
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
10:56 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
I. Outcomes & Performance Measures
Please provide the following information.
Outcomes and Performance Measures: The category will be evaluated on the applicant’s ability to collect data to
measure the outcomes of the activities and the project as a whole
Provides a clear evaluation plan with performance measurements
Demonstrates long term support of project
Demonstrates how outcome measures will meet national or program objectives
Evaluation plan demonstrates “value-added” or “community value” to Collier County
We will collect data weekly using a survey based on the BRFSS questionnaire and vetted by FGCU staff. We have been
using this survey successfully for the last year to measure our impact on individuals being served by the Garden and
Grove project. We keep track of weight and type of produce grown and distributed as well as how many families are
being served each month. I am able to prove that we are measuring our outcomes and meeting our goals in this
project by attending food distributions at Mision Peniel, Cultivate Abundance food distribution site. Our community
partner, Cultivate Abundance, relies on our contributions to their weekly food distribution, and in turn helps us with
harvesting, seeding and best practices for our garden production. The community and various volunteer groups are
excited about this project and its future and are committed to ensuring its success. This project will improve the value
added by the Garden and Grove project and increase the community value to Collier County by ensuring increased
yields, viability and outreach to our community members in a low/moderate income area with limited access to food,
especially healthy produce. We plan to host a minimum of 4 educational programs that will be held annually,
including how to prepare healthy meals and treats using what we grow in our Garden and Grove, how to prepare a
garden bed or tree planting, describing inputs and outputs for vigorous plant growth, the historical uses of various
plants and how we use them today, among other topics. These educational programs will be open to the public, and
will help generate enthusiasm, interest and community value for the project, Museum and Collier County as a whole.
Page 2737 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
J. Budget
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
2:26 PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
J. Budget
J.1. Budget Summary and Itemization Table
Budget Itemization CDBG
Funds
Other
Funds
Leverage/
Match
Total
Budget
($)
Narrative Deliverable
Program Assistant
salary
$46,447.00 $0.00 $0.00 $0.00 Base salary within the
Collier County pay plan
plus 10% to attract top
talent
payroll records
Program Assistant
benefits
$21,808.00 $0.00 $0.00 $0.00 Full benefits package as
per Collier County Human
Resources
payroll records
Program Assistant
support
$2,500.00 $0.00 $0.00 $0.00 Computer, boots,
uniforms, PPE, and cell
phone
purchase
receipts
Contracted Labor $7,245.00 $0.00 $0.00 $0.00 2 KeyStaff Maintenance
Workers to assist with
harvesting for one week
each in June, July,
November, December,
and January
invoice
receipts
$78,000.00 $0.00 $0.00 $0.00
Page 2738 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
K. Program Income
Completed by parker.smith@colliercountyfl.gov on 2/19/2025
10:57 AM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
K. Program Income
Please provide the following information.
K.1. Will program income be generated as a result of the service or product provided?
No
K.2. If Yes, please indicate the SOURCE of the income generated (rent, proceeds, revenue, program fees, etc.) and
the TOTAL DOLLAR AMOUNT that will be generated.
Source of Program Income Total Amount ($)
$0.00
K.3. If program income is anticipated, indicate how the funds will be utilized.
N/A - No program income will be generated
Page 2739 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 1
L. Leverage / Match
Completed by parker.smith@colliercountyfl.gov on 2/19/2025 2:08
PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
L. Leverage / Match
Please provide the following information.
L.1. Will the project require matching funds?
No
L.2. If yes, please complete the Leveraged or Match Funds table below.
Source of Match/Leveraged Funds Conditions/Limitations of Match/Leverage
Funds
Amount
$0.00
Page 2740 of 4027
Printed By: Parker Smith on 2/20/2025 1 of 4
M. Required Documents
Completed by helen.midney@colliercountyfl.gov on 2/20/2025
3:50 PM
Case Id: 28896
Name: Immokalee Pioneer Museum at Roberts Ranch -
2025Address: *No Address Assigned
M. Required Documents
Please provide the following information.
Please read, understand and sign the following documents. Executed (signed) forms must be uploaded below.
Acknowledgement Letter
Attestations and Certifications for all Applications
CHDO Certification
Certification Regarding Debarment, Suspension, Ineligibility Voluntary Exclusion
Financial Review Template
Religious Organization Requirements Form
Certification of Projects
Documentation
Application Document - 501 (c) (3) IRS Tax Exemption Letter *Required
Collier County Museum Place holder.docx
Application Document - Acknowledgement Letter *Required
PY2025 ACKNOWLEDGEMENT LETTER (1).pdf
Application Document - Acknowledgement of Religious Organization Requirements
ReligiousOrdAcknowledge.pdf
Application Document - Affidavit of Compliance with Federal, State, Local Regulations *Required
PY2025 ATTESTATIONS AND CERTIFICATIONS FOR ALL APPLICATIONS.pdf
Application Document - Attestations and Certifications for All Applications
**No files uploaded
Page 2741 of 4027
Printed By: Parker Smith on 2/20/2025 2 of 4
Application Document - Articles of Incorporation *Required
Collier County Museum Place holder.docx
Application Document - Board Resolution authorizing submittal of grant application *Required
Collier County Museum Place holder.docx
Application Document - By-Laws *Required
Collier County Museum Place holder.docx
Application Document - Certification of CDBG/HOME/ESG Funded Construction/Rehabilitation Projects
**No files uploaded
Application Doc - Certification Regarding Debarment, Suspension, Ineligibility Voluntary Exclusion *Required
CERTIFICATIONDebarrment signed.pdf
Application Document - Internal Revenue Service Form 990 – first 12 pages of the last 2 years *Required
Collier County Museum Place holder.docx
Application Document - List of Board of Directors *Required
BOARDOFCOUNTYCOMMISSION.docx
Match documentation
**No files uploaded
Application Document - Organizational Chart *Required
Collier County Museum Place holder.docx
Page 2742 of 4027
Printed By: Parker Smith on 2/20/2025 3 of 4
Application Document - Preceding 2-year audits including management letter and findings *Required
Collier County Museum Place holder.docx
Application Document - Procurement Policy *Required
180318_4574_PurchasingPolicy.pdf
Application Document - Resumes, Pay Scales with Job Descriptions *Required
Parker S. Resume 2024.pdf
Amanda Oswald Townsend 2023.pdf
Museum Director - Class Specification.pdf
Museum manager - Class Specification.pdf
Grants Coordiantor - Class Specification.pdf
Program Assistant - Class Specification.pdf
Midney, Helen - County Employment Application.pdf
Application Document - State of Florida Certificate of Good Standing *Required
Collier County Museum Place holder.docx
Application Document - E-Verify Registration *Required
Collier County Museum Place holder.docx
Application Document - SAM.GOV Registration *Required
SAM (COLLIER COUNTY) EXP 7.2025.pdf
Application Document - Verification of site plan/plat approval
Roberts Ranch Garden and Grove Plans.pdf
Application Document - Verification of zoning
**No files uploaded
Page 2743 of 4027
Printed By: Parker Smith on 2/20/2025 4 of 4
Application Document - Location map/photo of site
Ranch Aerial Photo 2023.JPG
Application Document - Floor plans
**No files uploaded
Relocation plan
**No files uploaded
Deliverable - Market Study
**No files uploaded
Deliverable - Project Pro-forma
**No files uploaded
Financial Review Template
**No files uploaded
Deliverable - CHDO Certification
**No files uploaded
Religious Organization Requirements Form
**No files uploaded
Certification of Projects
**No files uploaded
Page 2744 of 4027
Attached Documents in Section M
Page 2745 of 4027
CERTIFICATION FOR THE SUBRECIPIENT OR DEVELOPER OR VENDOR ENTITY
CERTIFICATION FOR THE GRANTEE ENTITY
Only one required per entity signed by an authorized representative
REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF
INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR
NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON
AGREEMENTS/SUB-AGREEMENTS
This certification is required by the regulation implementing Executive Order 12549, Debarment and
Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal
Register (52 Fed. Reg., pages 20360-20369).
The Board of County Commissioners further adopted a Resolution (2013-228) effective October 8, 2013
to establish application screening criteria for Collier County administered federal and state grants. The
resolution specifies this list of interested parties refers to the following representatives of the grantee
organization under any form of arrangement or agreement:
Each Board of Directors member
Officers of the Board
Executive Director
All employees and supervisors that will work on the grant
Definitions: [Note: The Definitions (1) will be tailored for the applicable grant program]
(1)The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. Contact Collier Community and Human Services or go to www.HUD.gov
website for assistance in obtaining a copy of those regulations.
(2) The term substantial non-compliance or non-conformance as used in this certification includes:
•Return of awarded grant funds on more than one occasion in the last three years
•Non-compliance with a monitoring corrective action plan
•Other substantial non-compliance or non-conformance of a grant
•The organization applying for grant funding is hereby certifying and will follow the below listed:
1.Each grantee of federal or state financial and non-financial assistance must sign this debarment
certification at time of application. Independent auditors who audit federal or state programs
regardless of the dollar amount are required to sign this certification form to include certification
of debarment. Collier County Community and Human Services or its agreement
grantee/contractors will not contract with subcontractors if they are debarred or suspended by the
federal government.
Page 2746 of 4027
2.Each entity applying for a grant from Collier County will assure all individuals and positions
listed above complete and submit appropriate certifications.
3.The grantee shall provide immediate written notice to the grant coordinator at any time the
grantee/contractor learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
4.The grantee further agrees by submitting this certification that, it shall not knowingly enter into
any sub-agreement with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this contract unless authorized by the Federal Government.
5.The grantee further agrees by submitting this certification that it will require each
contractor/subcontractor of agreements and/or contracts referencing this contract whose payment
will equal or exceed $100,000 in federal monies, to submit a signed copy of this certification with
each sub-agreement.
6.The grantee may rely upon a certification by a subcontractor entity that it is not debarred,
suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless the
grantee/contractor knows that the certification is erroneous.
7.The grantee has adopted conflict of interest policies and procedures within their organization and
will provide a copy of such prior to the execution of an agreement should the grant application be
funded. If the grantee does not have conflict of interest policies and procedures they must adopt
policies/procedures for determining when a conflict of interest exists and disclosing it to the
public as required by the applicable program requirements.
The prospective grantee certifies, by signing this certification, that neither the entity nor their above noted
principals and respective employees, within the last three years:
(1) Has been debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily
excluded from participation in contracting with Collier County Community and Human Services
by any federal department or agency. Where the prospective grantee is unable to certify to any of
the statements in this certification, such prospective grantee shall attach an explanation to this
certification.
(2) Has had a real or apparent conflict of interest
(3)Has falsified documents
(4)Has substantial non-compliance or non-conformance with performance under a grant with Collier
County or any other entity
Collier County Community and Human Services will rely on the certifications of this document as true
and reliable.
However, the County reserves the right to request additional documentation prior to making a final
determination.
Page 2747 of 4027
Collier County Community and Human Services may rely upon a certification by a nonprofil organization
that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting or subcontracting
unless the department knows that the certification is erroneous.
This certification is a malerial represenlation offact upon which reliance is placed when this
application is submitted. If it is later determined that the signed knowingly rendered an enoneous
certification, the Federal Government (via Section l00l of Title l8 USC for making false statements)
and Collier County may pursue available remedies, including suspension, debarment, grant award
retraction, and/or suspension from applying for awards for three years under Resolution
20t3-228.
Name ofOrgani zalion: Collier tns
Signature of Authorized Individual
Date
,l
a-
Amy Patterson, County Manager
Name and Title of Authorized lndividual
(Print or type)
ZLl-u
Page 2748 of 4027
CERTIFICATION FOR THE DIRECTORS OF THE BOARD, EXECUTIVE DIRECTOR,
EMPLOYEE OR SUPERVISOR
One EACH for every director, the executive director, and each staff member proposed to be
directly working on or overseeing a staff member directly working on the grant
REGARDING DEBARMENT or SUSPENSION, REAL OR APPARENT CONFLICT OF
INTEREST, FALSIFICATION OF DOCUMENTS, SUBSTANTIAL NON-COMPLIANCE OR
NON-PERFORMANCE UNDER A GRANT, INELIGIBILITY, VOLUNTARY EXCLUSION ON
AGREEMENTS/SUB-AGREEMENTS
The Board of County Commissioners adopted a Resolution (2013-228) effective October 8, 2013 to
establish application screening criteria for Collier County administered federal and state grants. The
resolution specifies this list of interested parties refers to the following representatives of the grantee
organization under any form of arrangement or agreement:
Each Board of Directors member
Officers of the Board
Executive Director
All employees and supervisors that will work on the grant
Definitions:
(1)The terms "debarred," "suspended," "ineligible," "person," "principal," and "voluntarily
excluded," as used in this certification, have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549 and 45 CFR (Code of Federal
Regulations), Part 76. Contact Collier County Community and Human Services or go to
www.HUD.gov website for assistance in obtaining a copy of those regulations.
(2) The term substantial non-compliance or non-conformance as used in this certification includes:
•Return of awarded grant funds on more than one occasion in the last three years
•Non-compliance with a monitoring corrective action plan
•Other substantial non-compliance or non-conformance of a grant
The undersigned certifies, by signing this certification, that, within the last three years, they have not:
1. Been debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in contracting with Collier County Community and Human
Services by any federal department or agency. (Where the prospective individual is unable to
certify to any of the statements in this certification, such individual shall attach an
explanation to this certification.)
2.Had a real or apparent conflict of interest
3.Falsified documents
Page 2749 of 4027
4. Had subslantial non-compliance or non-conformance with performance under a grant with
Collier County or any other entity
The undersigned shall provide immediate written notice to the grantee at any lime the undersigned leams
Ihat its certification was erroneous when submitted or has become erroneous by reason ofchanged
circumstances.
Collier County Community and Human Services will rely on the certification of this document
as true and reliable. However, the County reserves the right to request additional documentation prior to
making a final delermination.
This certification is a material representation of fact upon which reliance is placed when this
application is submitted. If it is later determined that the signed knowingly rendered an erroneous
certification, the Federal Government (via Section l00l of Title I 8 USC for making false statements)
and Collier County may pursue available remedies, including suspension, debarment, grant award
retraction, and/or suspension from applying for awards for three years under Resolulion
2013-228.
Collier County (Museums)
Name of Organization
Direclor
Role of undersigned (Director, Executive Director, Employee [speciiy role], Supervisor IspeciQ role]
Signature
Amy Patterson, County Manager Date:L
Print or type name of signatory
Page 2750 of 4027
ACKNOWLEDGEM ENT LETTER
All applicants shall incorporate this letter in the grant application on the organization's
letterhead. This will be pase 2 of the application packet following the checklist.
Date
Ms. Kristi Sonntag, Director
Collier County Community and Human Services
3339 E. Tamiami Trail, Suite 213
Naples, FL 34112
RE: Request for Funding under the PY2025-2026 Grant Application Cycle
Dear Ms. Sonntag and members of the Ranking and Review Committee:
I have read the Collier County Community and Human Services (CHS) a pplication f or PY2O25-2026
HUD funding. On behalf of Collier County Museums, as the duly authorized signatory for Collier
County Museums, I agree to and accept the terms, specific limitations, and conditions expressed
therein. The information contained in this proposal or any part thereof, including exhibits,
schedules and other documents, delivered to the County are true, accurate and complete. This
application includes all information necessary to ensure the statements therein do not, in whole
or in part, misrepresent or mislead the County as to any material facts.
By signing below, the undersigned acknowledges that he/she has read and understands the
Certifications attached hereto and, if awarded funds, as applicable, the Applicant will be able to
comply fully with the provisions of those Certifications and will be able to comply with all
additional applicable federal, state and local requlrements, including procurement and financial
management. Applicant also acknowledges that if a funding recommendation is made for less
than the full amount applied for, additional documentation including a revised budget, scope of
work and proposed accomplishments may be requested prior to final funding determinations.
The County reserves the right to verify that the authorized signature above is authorized to bind
the Applicant (on behalf of the Organization) and may require the applicant to submit
documentation verifying such authority.
Sinc ly,
si ture of ency Representative
Amy Patte rso n,
Name and Title
Countv Manager
Page 2751 of 4027
ATTESTATIONS AND CERTIFICATIONS FOR ALL APPLICATIONS
AFFIDAVIT OF COMPLIANCE WITH FEDERAL, STATE, LOCAL REGULATIONS
The undersigned certifies that the information in this application is true and correct. The
undersigned further certifies that they are aware that if Collier County Community and
Human Services (CHS) finds that the applicant or undersigned has engaged in fraudulent
actions or intentionally misrepresented facts on this application, this application will be
rejected, and the applicant may be unable to participate in any program for three (3) fiscal
years.
In applying for CDBG/HOME/ESG funds, the applicant has read, understands and agrees to
comply with all the provisions of all federal regulations issued thereto by the U.S.
Department of Housing and Urban Development, state and local regulations and laws.
1.24 CFR 570, as amended - The regulations governing the expenditure of Community
Development Block Grant (CDBG) funds.
2.24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3.Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
4.Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968
as amended
5.24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063
which prohibits discrimination and promotes equal opportunity in housing.
6.Executive Order 11246 (“Equal Employment Opportunity”), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
7.Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is
an Equal Opportunity or Affirmative Action employer.
8.24 CFR 135 – Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
135, and all applicable rules and orders issued hereunder prior to the execution of this
contract, shall be a condition of the Federal financial assistance provided under
this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
Page 2752 of 4027
SUBRECIPIENT’s Sub-recipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT’s Sub-recipients
and subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and
agrees that no contractual or other disability exists that would prevent compliance with
these requirements.
The SUBRECIPIENT further agrees to comply with these “Section 3” requirements and to
include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701). Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located.”
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of
lead-based paint hazards), housing construction, or other public construction project are
given to low- and very low-income persons residing within the metropolitan area in which
the CDBG-funded project is located; where feasible, priority should be given to low- and
very low-income persons within the service area of the project or the neighborhood in
which the project is located, and to low- and very low- income participants in other HUD
programs; and award contracts for work undertaken in connection with a housing
rehabilitation (including reduction and abatement of lead- based paint hazards), housing
construction, or other public construction project to business concerns that provide
economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists
that would prevent compliance with these requirements.
9.Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
10.Contract Work Hours and Safety Standards Act, 40 USC 327-332.
Page 2753 of 4027
11.Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart
K.
12.The Americans with Disabilities Act of 1990
13.Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
14.29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and
the use of apprentices and trainees on federally assisted projects as mandated by the Davis-
Bacon Act. HUD Form 4010 must be included in all construction contracts funded by CDBG.
(See 42 USC 276a and 24 CFR 135.11(c)).
15.Executive Order 11914 - Prohibits discrimination with respect to the handicapped in
federally assisted projects.
16.Executive Order 11625 and U.S. Department of Housing and Urban Development
Circular Letter 79-45 - which prescribes goal percentages for participation of minority
businesses in Community Development Block Grant Contracts.
17.The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions
in Section 109 of the HCDA are still applicable.
18.Public Law 100-430 - the Fair Housing Amendments Act of 1988.
19.24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals and Other Non-Profit Organizations.
20.24 CFR 85 - Administrative Requirements for Grants and Cooperative Agreements to
State, Local, and Federally recognized Indian Tribal Governments shall be followed for sub
recipients that are governmental entities.
21.Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and
regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
referenced herein shall constitute a breach of this agreement, and the County shall have
the discretion to unilaterally terminate this agreement immediately.
22. Prohibition of Gifts to County Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to
any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County
Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311.
Page 2754 of 4027
23.Order of Precedence - In the event of any conflict between or among the terms of any
of the Contract Documents, the terms of the Agreement shall take precedence over the
terms of all other Contract Documents, except the terms of any Supplemental Conditions
shall take precedence over the Agreement. To the extent any conflict in the terms of the
Contract Documents cannot be resolved by application of the Supplemental Conditions, if
any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner’s discretion.
24.Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith
effort to resolve any such disputes by negotiation. Any situations when negotiations,
litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full
decision-making authority and by COUNTY’S staff person who would make the presentation
of any settlement reached during negotiations to COUNTY for approval. Failing resolution,
and prior to the commencement of depositions in any litigation between the parties arising
out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should
either party fail to submit to mediation as required hereunder, the other party may obtain
a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out
of this Agreement shall be Collier County, Florida, if in state court and the US District Court,
20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
25.The SUBRECIPIENT agrees to comply with the following requirements:
o Clean Air Act, 41 USC 7401, et seq.
o 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
Page 2755 of 4027
of this agreement. In general, this requires concurrence from the State Historic
Preservation Officer for all rehabilitation and demolition of historic properties that are fifty
years old or older or that are included on a federal, state or local historic property list.
29.The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance
with the Drug-Free Workplace Act of 1988 (41 USC 701).
30.The SUBRECIPIENT agrees to comply with the following Payments to the Subrecipient
are governed by the Federal grants management rules for cost allowability found at 2 CFR
200 Subpart E-Cost Principles. For the purposes of this section, Subrecipient is defined as a
described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement
basis. Each request for reimbursement shall identify the associated project and approved
project task(s) listed under this Scope of Work. The Subrecipient may only incur direct costs
that may be attributed specifically to the projects referenced above as defined in 2
CFR 200.413. The Subrecipient must provide adequate documentation for validating costs
incurred. Payments to Subrecipient's contractors and vendors are conditioned upon
compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable
costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR
Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the
County is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in
order for the County to remain compliant with its obligation to follow 2 CFR Subpart E. The
Developer will use adequate internal controls and maintain necessary source
documentation for all costs incurred and adhere to any other accounting requirements
included in this agreement.
31.Audits shall be conducted annually and shall be submitted to the COUNTY one hundred
eighty (180) days after the end of the SUBRECIPIENT’s fiscal year. The SUBRECIPIENT shall
comply with the requirements and standards of 2 CFR Subpart E-Cost Principles. If an
Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the
right to recover any disallowed costs identified in an audit after such closeout.
32.Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the
projects stated herein and approved by the COUNTY in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24,
shall be subject to the provisions of CDBG including, but not limited to, the provisions on
use and disposition of property. Any real property within the SUBRECIPIENT control, which
is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere
to the CDBG Regulations at 24 CFR 570.505.
33.As provided in § 287.133, Florida Statutes by entering into this Agreement or
performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Page 2756 of 4027
Management Services within the 35 months immediately preceding the date hereof. This
notice is required by 5 287.133 (3) (a), Florida Statutes.
34. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
lf any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants,
contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS
shall certify and disclose accordlngly.
35. Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
37. Florida Statutes 713.20, Part 1, Construction Liens
38. Florida Statutes 119.021 Records Retention
org anization Name: Collier Countv Museums
Name (Please Print): Amv Patterson
Title: County Manager
Signatu re/Date:n
36. Any rule or regulation determined to be applicable by HUD.
Page 2757 of 4027
Acknowledgement of Religious Organization Requirements
In accordance with the First Amendment of the United States Constitution "church/state
principles," assistance may not, as a rule, be provided to primarily religious entities for any
secular or religious activities.
Therefore, the following restrictions and limitation s apply to any provider which represents that
it is, or may be deemed to be, a religious or denominational institution or an organization
operated for religious purposes which is supervised or controlled by or operates in connection
with a religious or denominational institution or organization.
A religious entity that applies for and is awarded funds for public service activities must agree to
the following:
1.It will not discriminate against any employee or applicant for employment based on religion
and will not limit employment or give preference to persons on the basis of religion.
2.It will not discriminate against any person applying for such public serv ices based on religion
and will not limit such services or give preference to persons on the basis of religion. The
organization may continue to carry out its mission, including the definition, practice and
expression of its religious beliefs, provided it does not use direct federal funds to support any
inherently religious activities. Among other things, faith-based organizations may use space in
their facilities to provide federal funded services without removing religious art, icons, scriptures
or other religious symbols. A federal funde d religious organization retains its authority over its
internal governance and may retain religious terms in its organization's name, select its board
members on a religious basis, and include religious references in its organization's mission
statements and other governing documents.
3.It may not engage in inherently religious activities, such as worship, religious instruct ion or
proselytization, as part of the programs or services funded under this part. If the organization
conducts such activities, the activities must be offered separately, in time or location, from
the programs or services.
4.Federal funds may not be used for the acquisition, construction or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Sanctuaries,
chapels, or other rooms that a federal funded religious congregation uses as its principal place
of worship, however, are ineligible for federal funded improvements
Page 2758 of 4027
1
PURCHASING POLICY OF COLLIER COUNTY
I.ESTABLISHMENT OF PURCHASING POLICY
Ordinance No. 87-25 provides for the adoption of a Purchasing Policy. Collier County
Resolution No. 97-435 establishes the following Purchasing Policy.
II.PURCHASING DEPARTMENT RESPONSIBILITIES
A.The Purchasing Department shall be responsible for:
1.Seeking Maximum Value: Act to procure for the County the highest quality
commodities, and contractual services at least expense to the County.
2.Encouraging competition: Endeavor to obtain as full and open competition as
possible on all purchases and sales.
3.Procedures: Establish and amend, when necessary, operational procedures
for the implementation of the Purchasing Policy provided by ordinance. Said
procedures shall become effective only when approved in writing by the
County Manager. Copies of the procedures shall be maintained on file in the
office of the Purchasing Department.
4.Purchasing Analysis: Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure for the
County the benefits of research conducted in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having national recognition, and by private business and organizations.
5.Purchasing Manual: Prescribe and maintain a standard Purchasing Manual
for all using agencies. The content of said manual will be governed by this
Policy.
6.Forms: Prescribe and maintain such forms as shall be found reasonably
necessary to the operation of this Policy.
7.Vendor Certification: Document that vendors doing business with the County
have acknowledged their understanding and acceptance of the terms and
conditions of the County's Purchasing Policy and have agreed to abide by
those terms.
8.Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full
advantage of discount.
9.Vendors' Catalog File: Prepare, adopt and maintain a vendor's catalog file.
Said catalog shall be organized according to materials and/or services and
shall contain descriptions of vendors' commodities, prices and discount.
10.Tax Exemptions: Act so as to procure for the County tax exemptions to which
it is entitled.
11.Cooperation: Cooperate with using agencies so as to secure for the County
the maximum efficiency in budgeting and accounting.
Page 2759 of 4027
2
12.Suspension and Debarment of Vendors : To oversee and facilitate the
suspension and/or debarment of vendors as set forth under Section XXIX of
this policy.
13.Inquiry and Control: Have full authority to question the quality, quantity, and
kinds of items requisitioned in order that the best interests of the County are
served. The Purchasing Director shall have final approval authority for all
purchases at or below the formal competitive threshold. To ensure the timely,
proper and orderly acquisition of services to the various using agencies, all
authority granted to the Purchasing Director in this policy may be formally
delegated by the Purchasing Director in whole or in part to appropriate staff
members within the County Manager’s agency.
III.PURCHASES NOT EXCEEDING $3,000
Purchases that do not exceed $3,000 may be approved by the Purchasing Director
without informal or formal competition by means of a purchase order, purchasing card or
formal agreement (or any combination therein) as defined under this policy or deemed
appropriate by the Purchasing Director.
IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER
THAN $50,000)
A.All purchases exceeding $3,000 but not more than $50,000 shall be awarded by
the Purchasing Director to the qualified and responsive vendor submitting the
lowest or best overall quote which meets all specifications, unless the requirement
for competition is waived by the Purchasing Director in accordance with Section
4.B. All such purchases may be solicited and awarded without formal public
announcement and without formal competition.
1.Minimum Number Quotes: Open market purchases or sales in excess of
$3,000 but less than or equal to the formal competitive threshold shall be
based on a good faith effort by the Purchasing Department or the using agency
to obtain at least three (3) competitive quotes (including all “no quote”
responses). Award shall be made to the lowest, qualified and responsive quote
in accordance with the standards set forth in this Policy.
2.Solicitation of Quotes: The Director may solicit quotes orally, written, or
electronically for open market pricing or sale, using available bidders' and
supplier lists. The Director shall determine in which instances quotations shall
be solicited in writing. Further the Director shall determine which agency (e.g.;
Purchasing or the using agency) shall obtain the quotations. All quotes in
excess of ten thousand dollars $10,000 shall be tendered or confirmed in
writing or electronically submitted by the vendor prior to purchase.
3.Public Record: The Director shall keep a record of all open market quotes
submitted and such records shall be open to public inspection after award has
been made.
B.The requirements for requesting quotes from three (3) or more sources are waived
and do not require Board action for:
1.Purchase of library books, education and/or Personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
Page 2760 of 4027
3
2.Professional services; and, in instances when authorized by the Purchasing
Director where commodities or services are purchased directly from the owner
of a copyright or patent, a governmental agency, a recognized educational
institution, a not-for-profit entity or when there are no other identifiable sources
available.
3.Purchases that the Director has determined to be legitimate single source
purchases.
4.Valid public emergencies or other instances deemed by the Director to be in
the best interests of the County.
5.Purchase of services from experts or consultants by or through the Office of
the County Attorney for purposes of preparing for or defending against
imminent or pending civil litigation or administrative proceedings.
C.All purchases greater than $1,000 but less than or equal to $3,000 will generally be
processed using a regular purchase order. However, such purchases may be
processed using a purchasing card in accordance with Section XXIV of this policy.
V.FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $50.000)
A.It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's formal competitive threshold for
purchases. The established limit shall be applied to all methods of purchase by
agencies under the purview of the Board of County Commissioners, including but
not limited to competitive sealed bids, competitive proposals and competitive
selection and negotiation. The requirement for formal competition may be waived
by the Board of County Commissioners where permitted by law, under the
following circumstances:
1.Purchase of library books, education and/or personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
2. Single source purchases (pursuant to subsection C).
3. Valid public emergencies (pursuant to Section XXI).
4. Where it is determined to be in the best interests of the County to do so.
B.All purchases subject to formal competition shall be awarded by the Board of
County Commissioners unless otherwise delegated by the Board via formal public
action.
C.Exemption For Single Source Commodities: Purchases of commodities and
services from a single source may be exempted from formal competition upon
certification by the Purchasing Director of both of the following conditions:
1.The item(s) is the only one available that can properly perform the intended
function(s);
2.The recommended vendor/contractor is the only one ready, willing and able to
meet the County's requirements.
All Single Source purchases in excess of the formal competitive threshold shall be
exempted from formal competition by the Board. Recurring single source
Page 2761 of 4027
4
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
Page 2762 of 4027
5
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 an y
deposit required by the Director upon failure on the vendor's part to enter into a
contract within ten (10) working days after written notice of award.
5.Bid Addenda: An addendum to a specification shall be defined as an addition
or change in the already prepared specifications for which an invitation has
been issued for formal quotations or an announcement has been posted for a
formal sealed bid. Any addendum to a request for formal sealed bids shall be
approved by the Department Director or designee and the Purchasing Director.
The addendum shall clearly point out any addition or change to the invitation
for bids. The Purchasing Department shall be responsible for insuring that
addenda are available on the e-procurement website and that all prospective
bidders who have downloaded specifications are notified of the addendum prior
to opening of bids.
B.Procedure for Bids:
1.Sealed Bids: Sealed bids shall be submitted manually or electronically to the
Director and if manual shall be clearly identified as bids on the outside of the
sealed envelope.
2.Opening: Bids shall be opened publicly at the time and place stated in the
public notices and shall be witnessed and certified by the Purchasing
Department.
3.Tabulation: A tabulation of all bids received shall be made either electronically
or manually by the Purchasing Department and shall be available for public
inspection.
C.Tie Bids: Where there are low tie bids, the award process shall first be subject to
Section 287.087, F.S. In the event that all of the tied bidders comply with Section
287.087, F.S., the Purchasing Department shall determine if any of the bidders
would be considered a local business as defined under Section XI of this policy. If
one (and only one) of the bidders is determined to be a local business, then award
of contract shall be made to that bidder. In the event that two or more local bidders
are tied thereafter, award of contract shall be made in accordance with Section
XI.2.(a) of this policy.
Page 2763 of 4027
6
D.Rejection Of Bids And Negotiation:
1.The Board of County Commissioners shall have the authority to reject any and
all bids.
2.Subsequent to applying the procedures set forth under Section XI (2)(a) (where
applicable), if the lowest, qualified responsive bid exceeds the budgeted
amount and if the purchase is not funded in whole or in part with interagency
grant dollars, the Purchasing Director may negotiate changes with the apparent
lowest qualified and responsive bidder that will bring prices into budgeted limits
subject to the final approval and acceptance of the Board. If the budgeted
amount includes grant funds, the Purchasing Director shall be authorized to
conduct such negotiations provided said actions are not prohibited by law or
the grant conditions.
3.If no bid is received, the Board of County Commissioners may authorize the
Purchasing Director to purchase by negotiation under conditions most
favorable to the public interest and when said purchase will result in the lowest
ultimate cost of the commodities or services obtained.
E.Waiver Of Irregularities: The Board of County Commissioners shall have the
authority to waive any and all irregularities in any and all formal bids.
F.Award Of Bid Contract: The Chairman, when authorized by majority vote of the
Board or as otherwise provided for in this policy, shall execute formal contracts
having a binding effect upon the County. Formal, bilateral contracts shall not be
required where a purchase order is sufficient. A formal contract shall be awarded
by the Board of County Commissioners to the lowest qualified and responsive
bidder. In addition to the price shall be considered the following:
1.The ability, capacity and skill of the bidder to perform the contract.
2.The ability of the bidder to perform the contract within the time required or the
least time, if appropriate, without delay or interference.
3.The experience and efficiency of the bidder.
4.The quality and performance of previous contracts awarded to the bidder.
5.The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
6.The quality, availability and adaptability of the commodities or contractual
services to the particular use required.
7.The ability of the bidder to provide future maintenance and service (where
applicable).
All recommendations for award for bid contract will be reviewed and approved by
the Purchasing Director prior to presentation to the Board of County
Commissioners.
Bidders competing for a prospective bid award (and their agents/representatives)
will not be permitted to publicly or privately address the Board regarding a
prospective purchase prior to the time of award unless requested to do so by the
Purchasing Director or by a majority vote of the Board.
Page 2764 of 4027
7
VII. PROCUREMENT OF PROFESSIONAL SERVICES
A. Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the Purchasing Director
from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1.Competitive Selection and Negotiation.
2.Competitive Proposals (pursuant to Section VIII).
B.A professional service shall be defined as assistance obtained in support of County
operations from an independent contractor in one or more of the following
professional fields:
1.Appraisal Services - real and personal property appraisers.
2.Architecture, professional engineering, landscape architecture, or registered
land surveying services (as per Section 287.055, F.S.).
3.Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Section 11.45,
F.S.).
4.Consultants - planning, management, technological or scientific advisors.
5.Financial Services - bond counsel, rating and underwriting, financial advisor,
and investment services.
6.Legal Services - attorneys and legal professionals.
7.Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
C.Requests exclusively for services defined under VII.B.2 will be procured in a
manner consistent with Section 287.055, F.S., known as "The 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
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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.C of this resolution. Projects shall not be sub -divided
to circumvent the dollar thresholds established herein.
All fixed term agreements issued under this section shall be eligible for extension
or renewal in accordance with the provisions of Sections XV.D and E respectively.
D. For all service procurements in excess of the formal competitive threshold under
the Competitive Selection and Negotiation method, authority to announce and
distribute Requests for Proposals or Letters of Interest and Qualifications and to
appoint and empower a selection committee shall be pursuant to Section VIII.B.
hereof.
E. Final selection of the professional service provider (award of contract) shall be
made by the Board of County Commissioners.
F. Purchases for all professional services estimated to be equal to or less than the
formal competitive threshold may be approved by the Purchasing Director, as
permitted by law.
G. Requests for outside legal services will be referred to the County Manager and the
County Attorney for review and comment as to whether said services are
necessary and/or appropriate. Requests for outside legal services may be
exempted from formal competition by the Board of County Commissioners at the
request of the County Manager or County Attorney.
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
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is asked to propose a commodity(s) or service(s) to meet the needs of the
County.
4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate
or required by law, the competitive proposals process will be utilized. The process
will be conducted in a manner similar to the sealed bid process as set forth under
Section VI except where otherwise stated in this section. The competitive
proposals process shall proceed as follows:
1. A Request for Proposals (RFP) will be prepared and distributed in a manner
consistent with the definition of said term found in Section 2 of Collier County
Ordinance No. 87-25. Notice of said request(s) shall be publicly posted by the
Purchasing Department at least 21 calendar days preceding the last day
established for the receipt of proposals.
2. Each Request for Proposals shall identify the appropriate evaluation
procedures and criteria to be applied to the selection of the best proposal
among the respondents. Each RFP pertaining to the award of a design/build
contract(s) shall be subject to the requirements of Section 287.055 F.S.
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposals received.
For all purchases made under the Competitive Proposals method, the County
Manager may empower the selection committee to designate and rank the
proposals prior to the commencement of negotiations and to negotiate a
tentative agreement, subject to award by the Board.
4. Proposals may be solicited and/or received in one or more steps as permitted
by law and deemed appropriate by the Purchasing Director. U nless 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
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approval by the County of the work drawings of the project and evaluation of the
project construction with the design criteria package.
D.The Board of County Commissioners may declare a public emergency, where
appropriate and authorize the using agency to negotiate an agreement for Board
approval with the best qualified design-build firm available at that time.
X.Small and Disadvantaged Minority and Women Business Enterprises
A.Policy Statement: Collier County stands committed to providing equal opportunities
to small businesses and disadvantaged business enterprises (DBE), minority
business enterprises (MBEs) and women enterprises (WBEs) as well as to all
vendors, consultants, contractors and subcontractors who seek to do business with
the County.
Pursuant to this policy, Collier County will require its vendors, consultants,
contractors and subcontractors to provide qualified small businesses and DBE's
with an equal opportunity to participate in the formal competitive processes for the
procurement of commodities and services by the County.
The Policy is not intended to require or to allow partiality toward or discrimination
against any small business or DBE, MBE, WBE, or any other vendor, consultant,
contractor or subcontractor on the basis of gender, race or national origin, or other
such factors, but rather to help ensure that small businesses and DBEs, MBEs,
WBEs, and all qualified vendors, consultants, contractors and subcontractors have
an equal opportunity to participate in the County's formal competitive processes.
Nothing in this Policy shall be construed to provide for or require any preference or
set-aside based on gender, race, national origin or any other such factor.
B.Definitions: For purposes of this policy, the term "small business" shall have the
same definition as set forth under Section 288.703.(1), F.S.
The term "DBE" shall include any "small business" as defined pursuant to Section
288.703(1) that is at least 51 percent owned or controlled by a person or persons
defined as "socially and economically disadvantaged" individuals pursuant to
Section 14-78.602(18), F.A.C.
Reference to these definitions, however, shall in no way be construed to provide
that the County has adopted or is subject to the provisions of the Statute or Code
referenced herein.
C.Implementing Measures: In an effort to implement this policy, the County may
undertake the following measures:
1.Designate the Purchasing Director to administer this policy.
2.Utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procurement/contract process
including, but not limited to:
a.Attending trade fairs which include representatives from these enterprises.
b.Attending meetings and social events wherein these enterprises.
c.Utilizing publications aimed at reaching these enterprises.
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d. Utilizing directories and other reference sources that list these enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
f. Other actions designed to identify these enterprises who seek to provide
commodities and services to the County.
3. Maintain a list of these enterprises.
4. Disseminate information regarding competitive opportunities with the County in
order to allow qualified small businesses and DBEs, MBEs and WBEs to
participate in the County's procurement process.
D. Conformity with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state law
conflicts with federal law, federal law shall supersede such state law.
XI. Procedure to Provide Preference to Local Businesses in County Contracts . Except
where otherwise provided by federal or state law or other funding source restrictions or
as otherwise set forth in the purchasing policy, purchases of commodities and services
shall give preference to local businesses in the following manner:
(1) “Local Business” defined
Local business means the vendor has a valid occupational license issued by Collier County
at least one year prior to bid or proposal submission to do business within Collier County that
authorizes the business to provide the commodities or services to be purchased, and a
physical business address located within the limits of Collier County from which the vendor
operates or performs business. Post Office Boxes are not verifiable and shall not by used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor shall
not be considered a "local business" unless it contributes to the economic development and
well-being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase
to the County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time
of submitting their bid or proposal to be eligible for consideration as a "local business" under
this section. A vendor who misrepresents the Local Preference status of its firm in a proposal
or bid submitted to the County will lose the privile ge 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. An y bidder/proposer who fails to
submit sufficient documentation with their bid/proposal offer shall not be granted local
preference consideration for the purposes of that specific contract award. Except where
federal or state law, or any other funding source, mandates to the contrary, Collier County
and its agencies and instrumentalities, will give preference to local businesses in the
following manner:
(a) Competitive bid (local price match option). Each formal competitive bid solicitation
shall clearly identify how the price order of the bids received will be evaluated and
determined. When a qualified and responsive, non-local business submits the lowest
price bid, and the bid submitted by one or more qualified and responsive local
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businesses is within ten percent of the price submitted by the non-local business,
then the local business with the apparent lowest bid offer (i.e.; the lowest local
bidder) shall have the opportunity to submit, an offer to match the price(s) offered by
the overall lowest, qualified and responsive bidder. In such instances, staff shall first
verify if the lowest non-local bidder and the lowest local bidder are in fact qualified
and responsive bidders. Next, the Purchasing Department shall determine if the
lowest local bidder meets the requirements of Section 287.087, F.S. If the lowest
local bidder meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local bidder to submit a matching offer to the Purchasing
Department which shall be submitted to the Purchasing Department within five (5)
business days thereafter. If the lowest local bidder submits an offer that fully matches
the lowest bid from the lowest non-local bidder tendered previously, then award shall
be made to the local bidder. If the lowest local bidder declines or is unable to match
the lowest non-local bid price(s), then award will be made to the lowest overall
qualified and responsive bidder. If the lowest local bidder does not meet the
requirement of Section 287.087, F.S. and the lowest non-local bidder does, award
will be made to the bidder that meets the requirements of the reference state law.
(b)Request for proposals, qualifications or other submittals and competitive negotiation
and selection. For all purchases of commodities and services procured through the
Competitive Proposals (Section VI) or Competitive Selection and Negotiation
(Section VIII) methods not otherwise exempt from this local preference section, the
RFP solicitation shall include a weighted criterion for local preference that equals 10
percent of the total points in the evaluation criteria published in the solicitation.
Purchases of professional services as defined and identified under subsection VII.B.2
(which are subject to Section 287.055, F.S.) and subsection VII.B.3 (which are
subject to Section 11.45, F.S.) shall not be subject to this local preference section.
(3)Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract for which the Board of County Commissioners is the
awarding authority may be waived upon approval of the Board of County Commissioners.
(4)Comparison of qualifications. The preferences established herein in no way prohibit the
right of the Board of County Commissioners to compare quality of materials proposed for
purchase and compare qualifications, character, responsibility and fitness of all persons,
firms or corporations submitting bids or proposals. Further, the preferences established
herein in no way prohibit the right of the County Commission from giving any other
preference permitted by law instead of the preferences granted herein.
(5)Reciprocity. In the event Lee County, or any other Florida county or municipality (“local
government”) deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide
the commodities and services to be purchased, and a physical business address located
within the limits of that local government. Post Office Boxes are not verifiable and shall not
be used for the purpose of establishing said physical address. In addition to the foregoing,
a vendor shall not be considered a "local business" unless it contributes to the economic
development and well-being of the said local government whichever is applicable, in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to that local
government’s tax base, and residency of employees and principals of the business located
within the limits of that local government. Vendors shall affirm in writing their compliance
with the foregoing at the time of submitting their bid or proposal to be eligible for
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consideration as a "local business" under this section. In no event shall the amount of the
preference accorded other local government firms exceed the amount of preference that
such local government extends to Collier County firms competing for its contracts.
(6)Purview and administration of this policy. This policy shall apply to all departments and
units under the direct purview of the Board of County Commissioners. The Purchasing
Department shall be responsible for developing, implementing and maintaining
administrative procedures in support of this policy.
(7)Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local
preference section is being added to the purchasing policy in support of the local economy
during difficult economic times in Collier County. On or about one year of the effective date,
the Purchasing Department will provide the Board with an update of the results and impacts
to date of this local preference policy. Within two years of the effective date, the Board shall
receive a similar report from the Purchasing Department and shall determine whether to
continue or modify this policy. Should the Board not elect to continue the local preference
policy, it will expire at that time.
XII. PAYMENT OF INVOICES
A.It is the intent of the Board of County Commissioners that all agencies under its
purview be in compliance with Section 218.70 F.S., otherwise known as the "Local
Government Prompt Payment Act". Pursuant to this, the requirements of this
section shall apply to the following transactions:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B.The Purchasing Director shall have the authority to establish and maintain a
procedure that authorizes minor payment variances between the purchase order
and invoice where warranted. The authority to pay such variances shall not exceed
5% of the purchase order amount or $500, whichever is less.
C.Additionally, the Purchasing Director shall be permitted to establish and maintain a
procedure that authorizes the payment of freight and delivery charges that are not
specifically identified on the purchase order.
D.It shall be the responsibility of the Purchasing Director, in consultation with the
Finance Director and using agencies, to establish, distribute and administer
procedures for the timely payment of all transactions as defined under XII.A hereof.
Such procedures shall include, but not be limited to the following:
1.Formally defining the County's requirements for the content and submission of
a proper invoice, codifying the County's payment requirements and formally
notifying each vendor of their availability.
2.Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3.Steps required for the resolution of payment disputes between the County and
a vendor.
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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 profe ssional 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.
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5.Where applicable, pursuant to Section 287.133 F.S., a provision requiring the
contractor/vendor to inform the County if he/she has been convicted of a public
entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation
of the procurement. The Purchasing Director shall have the discretion to determine
the circumstances under which a purchase order (and all documents included by
reference) shall serve as the contract document.
B.Contract Manager: Every procurement of services shall be administered by the
using agency (requesting department).
C.Contract Changes: Notices issued under a purchase or contract may be
authorized and executed by the Purchasing/General Services Director, excepting
notices that terminate a Board-approved purchase or contract in its entirety.
Modifications to a Board approved purchase or contract, including but not limited to
change orders, supplemental agreements, amendments and changes by letter may
be authorized and executed by the Purchasing/General Services Director provided
that the change (or the sum of the changes) amounts to not more than the greater
of (i) 10 percent of the current Board approved amount. or (ii) $10,000.
The proviso at the end of the previous paragraph shall not be applicable to term
contracts or blanket purchase orders where the County desires to procure
commodities and/or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in quantity
by the amount of funds appropriated in the budget of the using agency(ies). Such
purchases shall be subject to all other provisions of this policy.
Notices that terminate an entire purchase or contract that was Board approved,
and contract modifications that increase the total contract amount beyond the limits
set forth above as applicable, shall require the approval of the Board of County
Commissioners or as otherwise provided for in this policy. The Board shall have
broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition. All
deductive changes pertaining to the use of direct material purchases, including
those that reduce the contract amount by more than ten percent below the current
Board approved contract amount shall be reported to the Board monthly as part of
the monthly contract changes report and shall not require prior Board approval.
D.Contract Extension: Extension(s) of a Board-approved contract for commodities or
services may be requested by the contract manager to the Purchasing/General
Services Director in writing for a period not to exceed six (6) months (cumulatively)
and shall be subject to the same terms and conditions set forth in the initial contract.
The Purchasing/General Services Director shall have the authority to authorize and
execute all such extensions. Any extension(s) that exceed six months
(cumulatively) shall be approved by the Board of County Commissioners.
Extensions of contracts that do not (inclusive of the extension) exceed the formal
competitive threshold may be authorized and executed by the Purchasing/General
Services Director without Board action.
E.Contract Renewal: The Purchasing/General Services Director shall have the
authority to authorize and execute renewals of contracts for commodities and/or
services subject to the following conditions:
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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.C 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.C above and Sections C
through G of this Article XV or otherwise under law.
All authority to authorize and execute documents that is vested pursuant to this
Article XV in the Purchasing/General Services Director or any other person shall be
subject to the limits of any applicable federal, state or other law.
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The Purchasing Department shall be responsible for establishing and maintaining
administrative procedures that set forth any delegations of authority made pursuant
to the foregoing provisions of this Section I, that set forth formal processes for each
of the instruments referenced in this Article XV, and that are in all respects subject
to the provisions of this Article XV.
These procedures shall also set forth generalized requirements for (i) such pre -
execution reviews of documents by the Office of the County Attorney and (ii) pre-
execution reviews of documents by such other departments, if any, as the
Purchasing/General Services Director determines to be appropriate and advisable.
J. Payments to Contractors, Vendors and Consultants
Prior to the execution of a formal contract subject to this policy, the Purchasing
Department shall have the discretion to establish a formal payment schedule and
payment terms within the agreement. Such terms and conditions shall be
consistent with the requirements of all applicable laws and the formal solicitation
documents.
In accordance with Section 218.735 (8), F.S., the Purchasing Director shall
establish procedures to reduce to 5% the amount of retainage withheld from each
subsequent progress payment issued to a contractor where applicable. The
Purchasing Director, or his designee, shall have the discretion to establish, in
writing, a schedule(s) to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted. The discretion of
the project manager to reduce the percentage of cumulative retainage shall be
subject to the following:
1. That the term "cumulative retainage" is defined to mean "the dollar total of the
funds retained from all payments issued under the contract divided by the
gross dollar total of all monthly pay requests (or the total of all payment
amounts deemed allowable by the project manager, whichever is less)".
2. That any decision to reduce retainage shall be formally communicated in a
letter to the Contractor's appropriate representative and that the letter
affirmatively states that the Contractor has performed the contract work in a
satisfactory manner.
3. That the cumulative retainage not be adjusted until at l east 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)
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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
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Purchasing Director, in consultation with the contract manager (and other
appropriate County staff), shall have the authority to address all such protests
received under subsection B and to determine whether postponement of the bid
opening or proposal closing time is appropriate. The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files a
subsequent formal protest of the recommended contract award as described under
this section.
C.Any actual or prospective bidder or respondent to an invitation for bids or a
Request for Proposals who desires to formally protest a recommended contract
award shall submit a notice of intent to protest to the Purchasing Director within two
(2) calendar days, excluding weekends and County holidays, from the date of the
initial posting of the recommended award.
D.All formal protests with respect to a recommended contract award shall be
submitted in writing to the Purchasing Director for a decision. Said protests shall
be submitted within five (5) calendar days, excluding weekends and County
holidays, from the date that the notice of intent to protest is received by the
Purchasing Director.
The formal protest shall contain, but not be limited to the following information:
1.Name and address of County agency affected and the bid number and title.
2.The name and address of the protesting party.
3.A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4.A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting
party to relief.
5.A demand for the relief to which the protesting party deems himself entitled.
6.Such other information as the protesting party deems to be material to the
issue.
E.In the event of a timely protest of contract award consistent with the requirements
of this section, the Purchasing Director shall not proceed further with the award of
the contract until all appropriate administrative remedies as delineated under this
section have been exhausted or until the Board of County Commissioners makes a
determination on the record that the award of a contract without delay is in the best
interests of the County. Neither the protesting party, their agents or their
representatives shall have any private contact or discussions with individual County
Commissioners or any independent hearing officer (where applicable) regarding
the protest prior to the protest being heard or reviewed by either of the
aforementioned unless requested to do so by the Purchasing Director.
F. The Purchasing Director shall review the merits of each timely protest and in
consultation with the contract manager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party’s rights of
appeal under section XIX. Said decision shall be in writing and mailed or otherwise
furnished to the protesting party. The decision of the Purchasing Director shall be
final and conclusive unless the protesting party delivers a subsequent written
objection to the Purchasing Director within two (2) calendar days, excluding
weekends and County holidays from the date of receipt of the decision.
G.In the event of a subsequent objection pursuant to subsection F, the County
Manager shall have the discretion to appoint an independent hearing officer to
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review the facts relevant to the protest. The appointed officer will have a maximum
of 60 days to schedule and conduct a hearing into the matter and issue a finding of
fact and a opinion in writing to the County Manager for submission to the Board of
County Commissioners. Prior to commencement of the hearing, the protesting
party shall be required to post a cash surety in an amount equal to one (1) percent
of the using agency's estimate of the contract amount or one-thousand dollars
($1,000), whichever is less. Should the Hearing Officer find in favor of the County,
the protesting party shall forfeit the surety as partial payment for undue delay.
Otherwise, the surety will be returned to the protesting party.
H. In the event that the protest cannot be resolved by mutual consent, the matter will
be referred to the Board of County Commissioners for final resolution.
I. Failure to file a formal protest within the time and manner prescribed by Section
XIX shall constitute a waiver of the right to protest by any protesting party as
defined by subsection A of this section.
XX. CONTRACT CLAIMS
All actual or prospective claims arising against the County from contractors, vendors or
any other party in direct privity with the County to provide commercial commodities or
services shall first be directly addressed by the parties’ administrative representatives in
a manner consistent with the agreement between the parties and in accordance with the
County’s Procurement Administrative Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into
by the County, the Purchasing Director shall have the discretion to arbitrate or mediate
the claim or dispute or may appoint an independent third party to do so within the
authorization threshold limits of this policy.
XXI. EMERGENCY PURCHASES
A. By County Manager: In case of an emergency which requires immediate purchase
of commodities or services in excess of the formal competitive threshold, the
County Manager shall be empowered to authorize the Director to secure by open
market procedure as herein set forth, any commodities or services. The County
Manager shall have the authority to act in the case of any emergency including the
issuance of emergency change orders/supplemental agreements. Any emergency
action shall be reported at the first available regular or special meeting of the Board
of County Commissioners. The County Manager shall further be authorized to
approve payment(s) to vendors at the time of or shortly after purchase should the
circumstances warrant.
B. By Purchasing Director: In case of any emergency which requires immediate
purchase of commodities or services equal to or less than the formal competitive
threshold, the Purchasing Director shall be empowered to secure such services
and commodities by open market procedure as herein set forth. Such action shall
be reported immediately to the County Manager when appropriate.
This section in no way constrains the provisions of Collier County Ordinance No. 84-37.
XXII. INSPECTION AND TESTING
The Director shall inspect, or supervise the inspection of, or cause to be inspected, all
deliveries of commodities or services to determine their conformance with the
specifications set forth in an order or contract.
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A.Inspection by Using Agency: The Director shall have the authority to authorize
using agencies having the staff and facilities for adequate inspection to inspect all
deliveries made to such using agencies under rules and regulations which the
Director shall prescribe.
B.Testing: The Director shall have the authority to require chemical and physical
tests of samples submitted with bids and samples of deliveries which are
necessary to determine their quality and conformance with specifications. In the
performance of such tests, the Director shall have the authority to make use of
laboratory facilities of any agency of the County or of any outside laboratory.
XXIII.SURPLUS COMMODITIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in such form as shall be
prescribed, reports showing stocks of all tangible personal property which are no longer
used or which have become obsolete, worn out or scrapped.
A.Transfer: The Director shall have the authority to transfer surplus stock to other
using agencies.
B. Sale: The Director shall have authority to sell all commodities of a value less than
the limits proscribed under Chapter 274 F.S., which have become unsuitable for
County use. Sales under this section shall be made to the highest responsible bid
and in conformance with Section, 274, F.S. The Director shall be authorized to
approve all sales where the net revenue to the County does not exceed $50,000. Al l
sales exceeding $50,000 in net revenue to the County will be approved by the Board
prior to completing the sale or conducting the sales event.
C. Trade In: The Director shall be authorized to approve purchases that include the
“trade in” of existing items (including assets) pursuant to the purchase of new,
replacement or upgraded items/services.
D. Donation: Operating departments under the purview of the Board of County
Commissioners shall be authorized to accept items donated to the County. The
receipt of all items not considered to be assets as defined under Florida law is to be
documented by a letter from the operating department director to the donating entity.
Items considered to be assets are to be documented using the appropriate forms and
forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division.
Documentation is to include, but not be limited to; the date the asset(s) was received;
the estimated fair market value of the asset(s); a description of the asset(s); a serial
number if applicable and the fund/cost center under which the asset(s) will be
assigned.
E. Disposition of Assets: The Director shall have the authority to determine whether
previously-acquired items (including assets) that are no longer useful to the agency
have commercial value and if not, to dispose of such items in an appropriate manner
with or without offering such items for sale, trade or donation to other entities. The
Fixed Assets Section of the Clerk of Courts’ Finance Division will submitted a
quarterly report that identifies any assets that are disposed of under the provisions of
this subsection.
XXIV. PURCHASING CARD PROGRAM
The Director shall be responsible for the overall management and operation of the
County’s purchasing card program. For the purpose of this policy, a purchasing card is a
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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.
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XXVI. REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies, in conflict herewith, are
hereby repealed.
XXVII.EFFECTIVE DATE
An official copy of this Policy shall be filed in the office of the Clerk to the Board of County
Commissioners immediately after enactment and this Policy shall take effect at that time.
XXVIII.CONFLICT OF INTEREST
When procuring commodities or services using County funds, each entity and employee
under the purview of the Board of County Commissioners shall comply with all applicable
state and federal laws concerning conflict of interest. For state or federal Community
Development Block Grant-funded projects, entities and employees shall comply with the
requirements of Part 85, Section 36(b)(3) of the Housing and Urban Development Code.
XXIX. DEBARMENT AND SUSPENSION
The Board shall grant authority to County staff to suspend and/or debar vendors,
contractors, consultants and other interested and affected persons from active
participation in obtaining County contracts. The purpose of any such action shall be to
protect the County's interests and the integrity of the County's contracting process. The
suspension and debarment processes shall be considered to be separate from and in
addition to the award evaluation and vendor performance evaluation processes
authorized elsewhere in this policy.
A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
1.Affiliate refers to associated business entities or individuals that control or
could control the contractor or are controlled by the contractor or could be
controlled by the contractor.
2.Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
3.Contractor means any individual or legal entity that:
a.Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction of for procurement of
commodities and services, including professional services; or
b.Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
c.For the purposes of this section, the terms "vendor" and "consultant" shall
have the same meaning as "contractor" and the term "sub consultant" shall
have the same meaning as the term "subcontractor".
4.Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of no lo
contendere.
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5.Debarment means action taken by the County to exclude a contractor from
County contracting and County-approved subcontracting for a reasonable,
specified period as provided herein.
6.Preponderance of the Evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more
probably true than not.
7.Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this
section.
8.Suspension refers to action taken by the Purchasing/General Services Director
(hereinafter referred to as "the PGS Director") to temporarily disqualify a
contractor from County contracting or County-approved subcontracting.
B.Suspension: The Purchasing/General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth
under Section XXIX. If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period. The suspension
period shall not exceed three months without the approval of the County Manager.
A decision to suspend by the Purchasing/General Services Director shall be
considered final and conclusive with no right of appeal.
C.Debarment:
1.Causes for Debarment: The prospective causes for debarment include one or
more of the following:
a.Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b.Conviction under state or federal law of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or
any other offense indicating a lack of business integrity or business
honesty which currently, seriously and directly affects responsibility as a
contractor.
c.Conviction under state or federal antitrust laws arising out of the
submission of bids, proposals or other competitive offers.
d.Violation(s) of county contract(s) provisions, which is (are) deemed to be
serious and to warrant debarment, including the failure, without good
cause, to perform in accordance with the terms, conditions, specifications,
scope, schedule or any other provisions of the contract(s).
e.Refusal to provide bonds, insurance or other required coverages and
certifications thereof within a reasonable time period.
f.Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance
with the solicitation and offer received.
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g.Presence of principals or corporate officers in the business of concern, who
were principals within another business at the time when the other
business was suspended or debarred within the last three years under the
provisions of this section.
h.Violation of the ethical standards set forth under applicable state or county
laws.
i.Debarment of the contractor by another public agency.
j.Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
2.Debarment Procedure:
a.The county department requesting the debarment action shall submit to the
PGS Director a written complaint setting forth the reason(s) for seeking
debarment and shall identify a recommended debarment period.
b.The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and
forward the complaint to the contractor.
c.The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The
response shall be provided to the PGS Director within 10 (ten) business
days of receipt of the allegations submittal. In the event that the contractor
fails to respond to the complaint within the prescribed time period, the
complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
d.In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment
or other event(s) where there is no significant dispute over material facts,
the PGS Director shall determine the period of debarment on the basis of
the undisputed material information set forth or referenced in the complaint,
the contractor's reply and the parameters set forth in this section. In the
event that the Contractor objects to the PGS Director's decision, the
Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the PGS Director. The appeal will be
forwarded to and considered by the County Manager (or his designee),
who will review the debarment record compiled by the initiating department
and the contractor. Should the County Manager overturn the PGS
Director's decision; the County Manager shall formally cite the reasons for
doing so.
e.In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Department
will convene a debarment committee (hereinafter referred to as "the
committee") consisting of at least three individuals who will review the
complaint and the contractor's reply. The County Manager or his designee
shall formally appoint the committee, which will generally consist of county
employees, none of whom shall be a member of the department initiating
the complaint. At the discretion of the County Manager, a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
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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
parties involved in the specific debarment or their representatives until after
the committee decision has been issued or, in the event of an appeal of
that decision by the Contractor, until the conclusion of the appeal process.
All committee deliberations are subject to Section 286.011 F.S.
g.Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
preponderance of the evidence. Should the contractor fail to appear at the
debarment hearing, the contractor shall be presumed to be unqualified and
or non-responsive and shall be subject to debarment. The committee
decision shall be by a majority vote of those voting members in attendance.
The committee shall be the sole trier of fact. In the event that the
committee decides to impose debarment, the debarment decision will
formally include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business days
of the conclusion of the hearing unless the committee extends this period
for good cause.
h.The PGS Director shall forward the committee's decision to the contractor
and affiliates involved. Should the Contractor object to the committee's
decision, the Contractor shall have a maximum of three business days to
file an appeal of the debarment decision with the PGS Director. The
appeal will be forwarded to and considered by the County Manager (or his
designee), who will review the debarment record compiled by the initiating
department, the contractor and the committee. Should the County
Manager overturn the committee's decision; the County Manager shall
formally cite the reasons for doing so.
3.Debarment Period:
a.At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the
severity of the cause(s) and in no event shall be the debarment period
exceed five years without the approval of the Board.
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b.At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written
request from the contractor to do so, based on one or more of the
following reasons:
1. Newly discovered material evidence;
2. A reversal of the conviction, civil judgment or other action upon
which the debarment was based;
3. Bona fide change in ownership or management;
4. Elimination of other causes for which the debarment was imposed;
or
5. Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned
reasons.
c.The decision of the committee regarding a reduction of the debarment
period is final and not subject to appeal.
4.The Effects of Debarment:
a.Debarred contractors are excluded from receiving County contracts.
Departments shall not solicit offers from, award contracts to, or
consent to subcontractors with debarred contractors, unless the
County Manager or his designee determines that emergency or single
source conditions exist and grants written approval for such actions.
Debarred contractors are excluded from conducting business with the
County as agents, representatives, subcontractors or partners of
other contractors.
b.The Purchasing Department shall notify all Board departments of the
final debarment decision and the effects of that decision with regard to
conducting business with the debarred entity(ies) during the
debarment period.
5.Continuation of Current Contracts:
a.Departments may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of the
debarment unless the PGS Director or his designee determines that it
is in the best interests of the County to allow the contractor to
continue or finish the work within an additional, limited period of time.
b.Debarment shall constitute grounds for terminating an open
agreement with a contractor. However, the contract manager may
permit completion of an open contract(s) provided that the debarred
contractor has performed in a satisfactory manner to date under the
open contract(s) unless otherwise directed by the PGS Director.
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6.Restrictions on Subcontracting:
a.When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not
consent to subcontracts with such contractors unless the County
Manager or his designee determines that emergency or single source
conditions exist, thus justifying such consent and approves such
decision.
b.The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of
rejection of proposed subcontractors pursuant to subsection 6.a
provided that the subcontractor was debarred prior to the submission
of the applicable bid or proposal offer.
7.The Scope of Debarment: Debarment applies to all officers, principals,
directors, partners, qualifiers, divisions or other organizational elements of
the debarred contractor, unless the debarment decision is limited by its
terms to specific divisions, organizational elements or commodity/services.
The committee's decision includes any existing affiliates of the contractor if
they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the
contractor are subject to the pre-existing terms of the committee's decision.
2/10/09
Page 2786 of 4027
I hereby acknowledge that I have read lhe specific requirements contained in this attachment
and that eligibility of my organization's project depends upon compliance with the
requirements contained in lhisagreement.
Organization Name:
Name/Signature
Name/Print: Amy Patterson
Title: Countv Manaqer Date
Acknowledgement of Religious Organization Requirements
Page 2
OFT,
Page 2787 of 4027
BOARD OF COUNTY COMMISSION
Rick LoCastro
Chris Hall
William L. McDaniel, Jr.
Burt L. Saunders
Dan Kowal
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LEGEND
EXISTING CONCRETE PAVEMENT
EXISTING PAVER
EXISTING HISTORIC STRUCTURES
EXISITNG STRUCTURES
EXISITNG ASPHALT PAVEMENT
EXISTING CONCRETE
-EXISITNG BUILDING
PROPOSED GEOPAVE PATHWAY
PROPOSED THATCH CHIKEE HUTS
-LOG HOUSE FOUNDATION
20'X40' THATCH CHICKEE _j
EXISTING STORM WATER TREATMENT AREA
5' WIDE PRESTO GEOPAVE PATHWAY
20' X 20' THATCH CHICKEE
EXISTING CANOPY TREES TO REMAIN
(7) 6',30' RAISED PLANTERS
'
DOUBLE LOOP WIRE WOVEN FENCE
KITCHEN GARDEN
ROW CROPS f FOOD FARM
EXHIBITION GARDEN
50
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25 50
24x36 SCALE: 1" = 50• 11x17 SCALE: 1" = 100,
OESIGNfD n, UA
CHECl(;ED BY: ICG
REVIEWED BY: ICG
HOR. SCALE: 1 "=SO' VERT SCALE: ###
OATE:February 2024
ACAD fllE NAME:
I-
LANDSCAPE
AH PROJECT#
22-0157
PLOT VIEW\ l.AYOVT
L4 SITE PLAN
SHEET 04
ACAD FILE# 13588
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