SNEADS TOWN COUNCIL REGULAR MEETING APRIL 12, 2022  The Town Council of the Town of Sneads, Florida, met in a regular session at the Sneads Town  Hall on' Tuesday, April 12, 2022, at 6:00 p.m.  Mike Weeks called the meeting to order with the following present:  Mike Weeks, George Alexander, Lee Garner, Town Manager Mike Miller, Police Chief Sherri Griffin, City Clerk Danielle Guy, Deputy Clerk And the following were absent: Donovan Weeks, Councilman Daniel Cox, Attorney All stood for the Pledge of Allegiance. seconded. All voted aye.  Angela Locke, and Tony Money; Council Members  Tony Money made ai motion to approve the March minutes as presented. George Alexander Sherri Griffin, City Clerk presented Financial Statements and Budget Review Summary for March. (See Attached) George Alexander made a motion to accept them as presented. Angie Tony Money made a motion to pay approved bills. George Alexander seconded. All voted aye. President Mike Weeks presented City Manager, Lee Garner with two awards. The first was a Certificate for 25 years as a member of Florida City/County Managers Association (FCCMA). The second was a Certificate for Being a Home Rule Champion for Local Governments in Mr. Garner asked Council to approve expenditure ofe excess funds from FEMA- Road Project. (See attached) These funds would go towards the purchased ofa. JCB Backhoe and a dump truck, both of which the town needs. Tony Money made a motion to approve the expenditure oft the Council was presented with ai revised CDBG Purchasing Policy. (See attached). Angie Locke made a motion to adopt the revised CDBG Purchasing Policy as presented. Tony Money  Locke seconded. All voted aye.  Florida State Legislature 2022 Session.  excess FEMA funds as presented. Angie Locke seconded. All voted aye.  seconded. All voted aye.    Regular Meeting April 12, 2022 Page 2  Mr. Garner presented the Council with a Purchase Agreement Offer for Property at Section Ave & Hwy 90. (See attached) This is the property across form our current land to be used for the Fire Dept and will give us the need additional land for the police dept. George Alexander made a motion to approve the purchase ofthe property. Tony Money seconded. All voted aye. Council was asked to approve the Signature Agreement for Council President on the CDBG Grant #M0113. Tony Money made a motion to approve agreement as presented. Angie Locke Andrew Kalel, Sunrise Consulting Group presented Council with an overview of the 2022 Legislative Session. (See attached) He suggested we send letters of thanks to Senators, who have  seconded. All voted aye.  helped us this session. Resolution #22-03 entitled,  A RESOLUTION OF THE TOWN OF SNEADS, FLORIDA SETTING THE POLICY FOR THE EXPEDITURE OF AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS BY TOWN OF SNEADS, FLORIDA, AND SETTING AN EFFECTIVE DATE. was read and presented. Mr. Garner stated that the funds for the next two years totaling $891,013.54, we get to decide what to spend the money on with less restrictions. George Alexander made ai motion to adopt the Resolution as presented. Tony Money seconded. All voted  aye.  Mr Garner presented his Managers Report. (See attached) June &. July and we. have requested 6-8 people. Lift Station #4- Has went out for advertising.  Career Source Chipola- To fund school youth between 16-24 to be employees during Special Meeting- He & Attorney Cox would be meeting and discussing Muni Code, Law Enforcement Pay and other items and would need to discuss with Council afterwards. He  would be suggesting ai meeting before the next Council meeting.  George Alexander made a motion to adjourn at 7:02pm.  Respectfully Submitteda, DanullGug Danielle Guy, Deputy Clerk  APPROVED:  MIKE WEEKS, COUNCIL PRESIDENT    Regular Meeting APRIL12,2022  Budget Summary  GENERALRUND  MARCH-Revenues are 16.18% below budgeted amount. Revenues will continue to show  below budgeted amount due to large carryover. Expenditures are 12.38% below budgeted amount.  GASTAX  MARCH- Gas Tax County is 19.72% above budgeted amount. Local Option Gas Tax is  is3.12% above budgeted amount.  Expenditures are 12.08% below budgeted amount.  SOLID WASTE  MARCH-Garbage revenues are 5.02% above budgeted amount. Expenditures are 9.68%below budgeted amount.  WATER & SEWER  MARCH-Sewer Special is less than 1% above budgeted amount.. ACI Sewer is 2.08% below budgeted amount. Water Sales and Sewer Sales are in line with budgeted amount.  Expenditures are 13.62% above budgeted amount.  RECREATIONI FUND  MARCH- Revenues are not reflected in balance sheet due to bank statement not in at time of  meeting. Expenditures are below budgeted amount.    FLORIDA CITY AND COUNTY MANAGEMENT ASSOCIATION Post Office Box 1757 . Tallahassee, Florida 32302 . 850.222.9684 Fax: 850.222.3806 - Email: crussell@ficitles.com  FCCMA,  March 30, 2022  Elmon Lee Garner, Town Manager Town of Sneads 2028 Third Avenue Sneads, FL32460-2717 Dear Lee:  On behalf ofthe Florida City and County Management Association, Iwant to congratulate you for your 25 years of service to FCCMA. Your name will be listed int the Annual Conference. Awards Program to recognize you for your service. Service award recognition will be held during the Awards Program at the. Annual Conference (June 1-4) at the Renaissance Orlando at SeaWorld, 6677 Harbor Drive in Orlando. The. Awards Program will be held' Thursday, June 2, 2022 from 5:30 p.m. = Please email a current photo (at least 300 DPI) to Carol Russell by April 22nd at crussell@fcties.com that we will use at the. Awards Program. Ifyou are not attending the conference and only planning to attend the Awards Program, please email Carol Russell. Ify you are unable to attend the conference, we will mail your pin.  6:30 p.m.  Wel look forward to seeing you there.  Sincerely,  GC  Casey Cook Executive Director  FCCMA Home Page: fccma.org    9 I Q 8  - DN a  -  8  m  3  D  5  f  C  S a Z  m  U  o - 0 D 70 C  3 .  E    Town of Sneads PO Drawer 159 Sneads, Florida 32460  PH (850) 593-6636 Fax (850)593-5079 Email: Sneadsmgr@sneadsfl.com  April 1,2022  MEMOTO: Council President and Council Members SUBJECT: Excess Funds from Road Projects - FDEM  Ihave been advised by iParametrics (Mark Albright) that the Town has $239,172.20 in excess funds from road projects ofHurricane Michael that we can use for a variety of things. Ihave included with this memo al FEMA Policy document outlining what some of these are. Ihave been discussing this with iParametrics for some time, waiting for a confirmation oft the amount. We will have a high priority need for new equipment for the Street Department in the next year or two, as they need a new dump truck and backhoe. Ihave obtained a quote from the State of Florida State Contract for a Ford F750, 22 foot flatbed stake body, single axle, Class 7,33,000 Ibs. GVWR, 4x2 in the amount of around $78,500 that Gary Pittman has said would be acceptable, along with a Model 4CX 15HFCE. JCB Backhoe ini the amount of $137,935.05, making a total of $216,235.05 estimate at the current time, but I am sure these prices will increase somewhat, depending when ordered. With the expected price increases and little extras that we might need, it would take up the entire amount of our excess funds. This influx of funding would go along way to assisting the Town with what we. know are needed purchases in the near future and since this is an authorized expenditure, I would like to obtain council approval to give iParametrics the approval to Knowing what is ahead with the Police Department, any amount we can save the Town would be a great AsIs stated, Iknew we had some excess funds for some time, but Idid not discuss with you because I was  proceed with such seeking such expenditure authorization.  advantage to us as we proceed. not sure ofthe amount. LEE GARNER FRE TOWN MANAGER CC: Town Attorney, Town Clerk    8  8 8  8  dE R    SAn/66  UCB  BRIGGS UCB  Prepared For: Gary Pittman Town of Sneads FL 2028 Third Avenue Sneads FL: 32460 Phone:850-272-4836 info@sneadsif.com Model: 4CX 15HFCE  Dealer Information Briggs JCB 6907 Broadway Avenue Jacksonville FL: 32254 phone:(904)693-9200 fax/(904)693-0155 tpsiwwngsebcom) Qty:1  Prepared By: Darius Prentice Ganusprentcec@unggsequpment.com mobile: Quote Date: 08/20/21 Valid Until: 09/19/21 Quotation Reference: 310207  Stock Order/Serial No:3001843  4CX-15 SUPER, 4WD, 4WS, 109 HP TIER 4 FINAL, 151 FT CENTERMOUNT BACKHOE WITH EXTRADIG DIPPER. EASY CONTROLS. 150A ALTERNATOR, 5601 LBS COUNTERWEIGHT: INCLUDES: 2 SPOOL LOADER VALVE, FLIP OVER FEET, INTERIOR: MIRROR, FRONT ANDI REAR WORKLIGHTS, BATTERY ISOLATOR, TOOLBOX AND AUTOMATE (AUTOCHECK; AUTOIDLE, AUTODRIVE AND AUTOTHROTTLE). 4CX-15 SUPER 109 HP CM MODEL PACK MICHELIN POWER CL 440/80-28 AUTOSHIFT+ TL. AND F&R LSD, AWS ADD: 328/00592 48" FRAME & FLOATING FORKS, QHI MOUNT ADD 980/88833 MECHANICAL EXCAVATOR QH ADD 128/C0225 24" EXCAVATOR BUCKET CAB WITH AICHEATED AIR SUSPENSION SEAT, ENGINE BLOCK HEATER CAB, LIVELINK, AMMERB-PRECTONAL PIPEWORK 5/8 LOADER PIPEWORK RTD AND AUTO SRS FOR B-DIRECTIONAL USE ENGLISH TERRITORY PACKFOR USE WITH THUMB INCLUDES 750LB COUNTERWEIGHT HEADLIGHTS EXTERIOR MIRRORS SEATBELT3IN  92 Inch Wide 6in 11 Loader Bucket for Q-Fit 1.4 cuy yd  Equipment Total Total Customer Sale Price  137,935.05 137,935.05  Notes: W 2' Year /2000 Hour Full Machine Warranty  The above quote supersedes all preceding price quotes. Prices quoted are valid for 30 days from quote date.  Customer. Acceptance: Dealer  Date Date    TOWN OF SNEADS  COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY (DR) AND  MITIGATION (MIT) PROGRAM PURCHASING POLICY INCLUDINGTHE MINORITY BUSINESS ENTERPRISE POLICY  I.  PURPOSE  This Policy is adopted to assure that commodities and services for the Community Development Block Grant Programs are obtained efficiently and effectively in free and open competition and through the use ofsound procurement practices. All Town staffa and other persons (subgrantees or contractors) with designated responsibility for the administration of CDBG award contracts are responsible for ensuring compliance with all applicable federal and state laws and regulations. These include but are not limited to OMB Circular A-102, Attachment O; 2 CFR200.317-326; S. 287.055 and 255.0525, Florida Statutes; and Rule 73C-23, Florida  Administrative Code.  II. APPLICATION OF POLICY  Thisl Policy shall apply to contracts or agreements for the procurement of all materials, supplies, services, construction, and equipment for any Community Development Block Grant Program  solicited or entered into after the effective date of this Policy.  III. PURCHASING DIRECTOR  The CDBG Agency PURCHASING OFFICER shall serve as the central purchasing officer (the "Purchasing Officer") oft the Town of Sneads for all contracts or agreements described in Section  II.  IV. PURCHASING AND CONTRACT AWARD PROCEDURES A. PURCHASING CATEGORIES; THRESHOLD AMOUNTS  Except as to Sole Source Purchases (Section IV, F) and Cooperative Purchasing (Section IV,G), all purchases and contract awards are to be made subject to the provisions of the appropriate  Section according to the following threshold amounts:  1. Small Purchases (Section IV,B) 2. Purchasing Quotes (Section IV,C).  $1t to $10,000 $10,001 to $25,000 $25,001 and above  3. Competitive Sealed Bids/Proposals (Section IV,D&IV,E).  B. SMALL PURCHASES  The purchase of commodities, equipment and services which cost less than the threshold authorized in Section IV, Al does not require solicitation of quotes or bids. Small purchases  shall be authorized by the Purchasing Officer or his/her designees.  C.PURCHASING QUOTES  The purchase of goods and services which cost within the range authorized purchasing quotes in Section IV, A2 shall require competitive quotations from three or more vendors. The quotations shall be obtained by the Purchasing Division and shall be reviewed and awarded by the  Purchasing Officer.  D.COMPETITIVE SEALED BIDDING  1. Conditions for Use. All contracts for purchases ofa single item, services, or aggregate in excess of the established base amount for Competitive Sealed Bids/Proposals in Section IV where price, not qualifications, is the basis for contract award, shall be awarded by competitive    sealed bidding.  2. Invitation to Bid. Under Section 255.0525(2), F.S. and Rule 73C-23.0052102Xa), F.A.C.,an invitation to bid for construction projects that are projected to cost more than $200,000 shall be published in at least one daily newspaper of general circulation in. JACKSON-Agmy/Regon as well as a nearby federal Office of Management and Budget (OMB) designated metropolitan statistical area (MSA) at least 21 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. An invitation tol bid for construction projects that are projected to cost more than $500,000 shall be publicly advertised at least once in a newspaper of general circulation in an MSA at least 30 days prior to the established bid opening and at least 5 days prior to any scheduled prebid conference. Additionally, notice shall be sent to those vendors Alternatively, the Agency may substitute the above notice with any solicitation procedure which generates at least three responsible and responsive bids or proposals which can be considered. However, if three responsible and responsive bids or proposals are not received by alternate An Invitation to Bid shall bei issued and shall include specifications, all contractual terms and conditions, and the place, date, and time for opening or submittal. No later than five working days prior to the date for receipts ofbids, a vendor shall make a written request to the. Agency for interpretations or corrections of any ambiguity, inconsistency, or error which the vendor may discover. All interpretations or corrections will be issued as addenda. The. Agency will not be responsible for oral clarifications. No negotiations, decisions, or actions shall be initiated or executed by thej proposer as a result of any discussions with any Agency employee prior to the opening of proposals. Only those communications which are in writing from the Agency may be considered as a duly authorized expression on the behalfofthe Commission. Also, only communications from firms or individuals which are in writing and signed will be recognized by the Commission as duly authorized expressions on behalf of proposers.  and contractors on the Agency's MBE/WBE solicitation list.  procedure, the procurement will be invalid.  a) Alternate(s). Alternate bids will not be considered unless authorized by and defined in b) Approved Equivalents: The. Agency reserves the right to determine acceptance of item(s) as an approved equivalent. Bids which do not comply with stated requirements for equivalents in the bid conditions are subject to rejection. Thej procedure for acceptance of equivalents shall be included in the general conditions of the bid. 3. Public Notice. Public Notice shall be by publication in a newspaper of general circulation at least twelve (12) working days prior to bid opening or in accordance with the requirements above in D2, as appropriate. Notice oft the Invitation to Bid shall give date, time, and place set 4. Bid Opening. Bids shall be opened publicly. The Purchasing Officer or his/her designee shall open bids in the presence of one or more witnesses at the time and place designated in the Invitation to Bid. The amount of each bid, and other such relevant information as may be deemed appropriate by the Purchasing Officer together with the name of each bidder, and all witnesses shall be recorded. The record (Bid Report) and each bid shall be open to public inspection. 5. Bid Acceptance and' Evaluation. Bids shall be unconditionally accepted without alteration or correction, except as authorized in this Policy. Bids shall be evaluated based on the requirements  the Special Conditions oft the bid specifications.  forth for the submittal of proposals and opening bids.    set forth in the Invitation to Bid, which may include, but not be limited to criteria to determine acceptability such as; inspection, testing quality, recycled or degradable material content, workmanship, delivery, and suitability for aj particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measured, such as discounts, transportation costs, and total or life cycle costs. No criteria may be used in bid evaluation that is not set forth in the Invitation to Bid, in regulations, or in this Policy. 6. Bid Agenda Item. After evaluation, the Purchasing Officer will prepare a recommendation 7. Correction or Withdrawal of Bids. Cancellation of Awards. Correction or withdrawal ofinadvertently erroneous bids before or after award, or cancellation of awards or contracts based oni mistakes in the bid, shall be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the Invitation to. Bid prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that ai mistake, ofnon-judgmental character was made, the nature ofthe mistake, and the bid price actually intended. After bid opening, no changes in thel bid price or other provisions ofbids prejudicial to the interest ofthe Agency or fair competition shall be permitted. In lieu of bid correction, al low bidder alleging a material mistake of fact may be a) the mistake is clearly evident on the face of the bid document but the intended b) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions to permit the correction or withdrawal of bids or to cancel awards or contracts based on bid mistakes shall be supported by a  and shall place the item on the agenda of the Agency Commission.  permitted to withdraw his bid if:  correct bid is not similarly evident; or  written determination made by the Purchasing Officer.  8.1 Multi-Step Sealed Bidding. When it is considered impractical to initially prepare aj purchase description to support an award based on price, an Invitation for bids may be issued requesting the submission of unpriced offers to be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically acceptable under the criteria set forth in the 9. Award. The contract shall be awarded with reasonable promptness to the lowest responsible set forth in the Invitation to Bid. The Agency reserves the right to waive any informality in bids and to make an award in whole ori inj part when one or both conditions are in the best interest of Town of Sneads. Any requirement which is waived must be documented and kept in the file. a) Notice of Intended Award. The contract shall be awarded by written notice. Every procurement of contractual services shall be evidenced by a written agreement. Notice of intended award, including rejection ofs some or all ofbids received, may be given by posting thel bid tabulations where the bids were opened, by telephone, by first class mail, orb by certified United States mail, return receipt requested, whichever is specified in bid solicitation. A vendor may: request, in their bid submittal, a copy oft the tabulation sheet to be mailed in a vendor provided, self-addressed envelope for their records. b) Notice of] Right to Protest. All notices of decision or intended decisions shall contain the statement: "Failure to file aj protest within the time prescribed in Section IV, H oft the CDBG Purchasing Policy oft the Town of Sneads shall constitute a waiver of proceedings  first solicitation.  and responsive bidder whose bid meets the requirements and criteria    under that section oft this Policy".  10. Cancellation ofl Invitations for Bids. An Invitation for bids or other solicitation may be canceled, or any or all bids may be rejected in whole or inj part when it is in the best interests of the. Agency, as determined by the Commission. Notice of cancellation shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for cancellation and, where appropriate, explain that an opportunity will be given to compete on any 11. Disqualification of Vendors. For any specific bid, vendors may be disqualified by the  resolicitation or any future procurement ofs similar items.  Purchasing Director, Purchasing Officer, for the following reasons:  a) Failure to respond to bid invitation three consecutive times within the last eighteen b) Failure to update the information on file including address, project or service, or d) Conviction in a court of law of any criminal offense in connection with the conduct of e) Clear and convincing evidence ofa a violation of any federal or state anti-trust law based on the submission oft bids or proposals, or the awarding of contracts. f) Clear and convincing evidence that the vendor has attempted to give an Agency employee a gratuity of any kind for the purpose ofinfluencing ai recommendation or decision in connection with any part of the. Agency's purchasing activity. g) Failure to execute al Public Entity Crimes Statement as required by Florida Statutes  (18) month period. business description.  c) Failure to perform according to contract provisions.  business.  Chapter 287.133 (3)(a).  h) Other reasons deemed appropriate by the Agency. E.COMPETITIVE SEALED PROPOSALS  All contracts for purchases ofas single item or services or aggregate in excess of the established base amount for Competitive Sealed Bids/Proposals in Section IV where qualifications, not price, is the basis for contract award shall be awarded by competitive sealed proposals. All contracts for the procurement of professional architectural, engineering, landscape architectural, and land surveying services will be awarded according to the provisions of Section IV-E-1.All other contracts required to be awarded by competitive sealed proposals will be awarded 1. Professional Architectural. Engineering, Landscape Architectural, and Land Surveying  according to the provisions of Section IV, E2.  Services a)  Public Announcement. It is the policy oft the Agency to publicly announce all requirements for professional architectural, engineering, landscape architectural, and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement ofs such services, the. Agency may require firms to submit a statement of qualifications, performance data and other related information for the  performance of professional services.  (1) Scope of Project Requirements. Prior to submission oft the request for proposals for professional services as an agenda item for approval by the Council, the Purchasing Officer shall    submit to the. Agency written project requirements indicating the nature and scope oft the professional services needed, including but not limited to the following; a) the general purpose oft the services or study; b) the objectives oft the study or services;  c)  estimated period oft time needed for the services or the study;  d) the estimated cost of the service or study;  e) whether the proposed study or service would or would not duplicate any prior or  existing study or services; proposed study or service; and  f)  list ofc current contracts or prior services or studies which are related to the  g) the desired qualifications, listed in order ofi importance, oft the person or firm applicable to the scope and nature of the services requested. (2) Distribution of Project Requirements. The Purchasing Officer shall distribute the written project requirements as approved by the Agency Commission to all persons on the mailing list who have indicated an interest in being considered for the performance of such professional services and to any additional persons as the Purchasing Officer or using agency deems desirable. The written project requirements shall include a statement oft the relative importance of each ofthe requirements. The project requirements shall be accompanied by an invitation to such persons to submit an indication ofinterest in performing the required services, and by notification of the date and time when such indications ofi interest are due. This date shall not be less than twelve (12) calendar days from the date ofp public notice which the Purchasing Officer shall publish in at least one daily newspaper of general circulation where the project is located and in a nearby federal Office ofManagement and Budget (OMB) designated metropolitan statistical area (MSA). Alternatively, the. Agency may substitute the above notice with any solicitation procedure which generates at least three responsible and responsive bids or proposals which can be considered. However, ifthree responsible and responsive bids or proposals are not  received, the procurement will be invalid.  (3) Modification Prohibition. After the publicized submission time and date, indications of interest shall not be modified or allowed to be modified in any manner except for correction of clerical errors or other similar minor irregularities as may be allowed by the Selection Committee prior to making its selection of those best qualified to be formally interviewed. (4) Reuse of Existing Plans. There shall be no public notice requirements or utilization oft the selection process as provided in this section for projects in which the. Agency is able to reuse existing plans from aj prior project. However, public notice ofany plans which are intended to be reused at some future time shall contain a statement which provides that the plans are subject to  reuse.  b) Selection Committee Membership and Evaluation. Depending on the expected complexity and expense of the professional services to be contracted, the. Agency may    determine whether a three member or five-member selection committee will best serve  the needs oft the Commission.  (1) Three Member Committee Composition. Membership ofa three-member selection committee shall be appointed by the Council President orl his/her designee. committee shall be appointed by the Council President or his/her designee.  (2) Five Member Committee Composition.  Membership ofa live-member selection  (3) Selection Committee Evaluation. Only written responses ofs statements of qualifications, performance data, and other data received in the purchasing office by the publicized submission time and date shall be evaluated. Only those respondents who are determined to be best qualified based upon the evaluation of written responses and selected for formal interview may submit additional data. From among those persons evidencing, by timely submission of written responses, an interest inj performing the services the Selection Committee shall:  (a) prepare an alphabetical list oft those persons determined by the Selection (b) designate no less than three persons on the alphabetical list considered by the Selection Committee to bel best qualified toj perform the work required.  Committee to be qualified, interested, and available; and  (4) Shortlisting. Ifdetermined by the selection committee, the best qualified respondents shall be based upon the Selection Committee's ability to differentiate qualifications applicable to the scope and nature oft the services to bej performed. The Selection Committee shall/determine qualifications, interest, and availability by reviewing the written responses that express an interest in performing the services, and by conducting formal interviews ofno less than three selected respondents that are determined to be best qualified based upon the evaluation of written responses. The determination may be based upon, but not limited to, the following  considerations:  (a) competence, including technical educational and training, experience in the kind of project to bei undertaken, availability of adequate personnel, equipment and facilities, the extent of repeat business of thej persons, and where applicable, the relationship of construction costs estimates by the person to actual cost on  previous projects; (b) current workload; (c) financial responsibilities;  (d) ability to observe and advise whether plans and specifications are complied with,  when applicable;  (e) record of professional accompishments; (f) proximity to thej project involved, ifapplicable;  (g) record of! performance; and    (h) ability to design an approach and work plan to meet the project requirements,  where applicable.  (5)Interview and Commission Approval. After conducting the formal interviews, the Selection Committee shall list those respondents interviewed in order of preference based upon the considerations listed in subsection (4) above. The respondents so listed shall be considered to be the most qualified and shall be listed in order of preference starting at the top of the list. The list ofb best qualified persons shall be forwarded to the Commission for approval prior tol beginning contract negotiations. Negotiation sequence shall be based on the order of preference. ***Shortlisting and interviews may be deferred if the selection committee deems that a respondent meets all criteria for negotiation, and in the best interest oft the Agency and its project  due to time considerations.  c)  Negotiation Staff. Contract negotiations shall be conducted by the Purchasing Officer unless the Council President directs those negotiations be conducted by a  Negotiation Committee.  d) Negotiation.  (1) The Purchasing Officer or the Negotiation Committee shall negotiate a contract with the firm considered to be the most qualified to provide the services at compensation and upon terms which thel Purchasing Officer or the Negotiation Committee determines to be fair and reasonable to the. Agency. In making this decision, the Purchasing Officer or the Negotiation/ Committee shall take into account the estimated value, the scope, the complexity, and the professional nature oft the services to be rendered.  (2) As a part oft the negotiation, the Purchasing Officer or the Negotiation Committee shall conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm ofi its proposed price. Should the Purchasing Officer or the Negotiations Committee be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm will be formally terminated. The Purchasing Officer or the Negotiation Committee shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Purchasing Officer or the Negotiation Committee shall for ally terminate negotiations, and then shall undertake negotiations with the third most qualified firm. Should the Purchasing Officer or the Negotiation Committee be unable to negotiate a satisfactory contract with any of the selected firms, the Selection Committee shall select additional firms in order oftheir competence and qualifications, and the Purchasing Officer or Negotiation Committee shall continue negotiations in accordance with this section until an agreement is reached  or until a determination has been made: not to contract for services.  2. Other Competitive Sealed Proposals (non-287.055 services)  a)  Conditions for Use. All contracts required by Section IV-E to be awarded by competitive sealed proposals that are: not for thej procurement ofp professional architectural, engineering, landscape architectural, and land surveying services, will be awarded according to the provisions of this section.    b) Consultant's Competitive Negotiation. Act. Professional services within the scope ofthe practice of architecture, professional engineering, landscape architecture, or registered land surveying, as defined under the Consultant's Competitive Negotiation Act (Section 287.055, Florida Statutes), shall be secured under the Commission on Approval. Proposals anticipated to exceed the threshold established in Section IV-A-3 for Competitive sealed Proposals shall be approved  provisions of Section IV-E-1.  c)  by the Town of Sneads prior to solicitation.  d) Public Notice. Adequate public notice of the Request for Proposal shall be given in the same manner as provided in subsection IV-D-3 ofthis Policy for competitive sealed bidding. Notice shall also be sent to those vendors and contractors on the Agency's MBE/WBE solicitation list. Evaluation Factors. The Request for Proposals shall state the relative importance of criteria outlined in the scope ofs services, fee proposal, and other evaluation. Proposal Cancellation or Postponement. The Purchasing Officer may, prior to a proposal opening, elect to cancel or postpone the date and/or time for proposal Revisions and Discussions with Responsible Offerors. As provided ini the Request for Proposals, and under regulations promulgated by the Town of Sneads Town Council, discussions may be conducted with responsible offerors who submit proposals determined to be qualified of being selected for award for the purpose ofclarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submission and prior to award for the purpose of obtaining the best and final offers. In conducting discussions, there shall be no disclosure ofany information derived from proposals submitted by competing offerors. The Purchasing Officer shall prepare a written summary oft thej proposals Commission. As a part oft the recommendation, the Purchasing Officer shall conduct a cost analysis, including evaluation of profit, based on a cost breakout  e) f)  opening or submission.  g)  and make written recommendation of award to the Agency  by the firm ofits proposed price.  h) Award. Award shall be made by the Agency Commission to the lowest responsive and responsible offeror whose proposal is determined in writing to be the most advantageous to Town of Sneads, taking into consideration the evaluation factors  set forthi in the Request for Proposals. F. SOLE SOURCE PURCHASES  a)  Sole Source Certification. A contract may be awarded for a supply, service material, equipment, or construction item(s) without competition when the Purchasing Officer with the coinsurance ofthe Clerk of Courts, certifies in writing, after conducting a good faith review ofavailable sources, that there is only one available source for the required material, supply, service equipment, or construction item(s). Such awards will be made within the authorized    procurement bej placed on the agenda for Commission approval and clarification that the vendor has been determined to be a sole source. When a purchase exceeds  ($25,000) it will require prior DEO approval.  G. COOPERATIVE PURCHASING  1. State Contracts. The Purchasing Officer is authorized to purchase goods or services for any dollar amount from authorized vendors listed on the respective state contracts oft the Department 2. Other Governmental Units. The Purchasing Officer shall have the authority to. join other units ofg government in cooperative purchasing ventures when thel best interest of the Agency would be served thereby, and the same is in accordance with this Policy and with the Agency, Federal and  ofGeneral Services, subject otherwise to the requirements of this Policy.  State Law. H. BID PROTEST  1.F Right tol Protest. Any actual prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of contract may protest to the Agency Commission. Protestors shall seek resolution of their complaints initially with the Purchasing Officer and secondly with the Clerk of Courts prior to protesting to the Agency Commission. 2. Filing al Protest. Any person who is affected adversely by the decision or intended decision of the. Agency shall file with thel Purchasing Officer ai notice of protest in writing within 72 hours after the posting oft bid tabulation or after receipt oft the notice ofintended decision and file after he/she filed the notice of protest, Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this section. A written protest is filed with the Agency when it is delivered to and received in the office ofthe Purchasing Officer. a) The notice ofj protest shall contain at ai minimum: the name of the bidder; the bidders address and phone number; the name of the bidder's representative to whom notices may be sent; the name and bid number oft the solicitation; and a  ai formal written protest within ten calendar days  brief factual summary of the basis oft the protest.  b) The formal written protest shall identify the protestant and the solicitation involved; include aj plain, clear, statement of the grounds on which the protest is based; refer to the: statutes, laws, ordinances, or other legal authorities which the protestant deems applicable to such grounds; and specifically request the reliefto which the protestant deems himself entitled by application ofs such authorities to c) The protestant shall mail a copy oft the notice of protest and the formal written 3. Settlement and Resolution. The Purchasing Officer shall, within 14 days of the formal written protest, attempt to resolve the protest prior to any proceedings arising from the position. Provided, however, ifs such settlement will have the effect of determining a substantial interest of another party or business, such settlement must be reached in the course oft the proceedings provided herein.  such grounds.  protest to any person with whom he/she is in dispute.  4. Protest Proceedings. Ift the protest cannot be resolved by mutual agreement, the Purchasing Officer shall conduct or designate another to conduct a protest proceeding pursuant to the  following procedures:    a)  Protest Proceeding Procedures  (1) Thej presiding officer shall give reasonable notice to all substantially affected persons or businesses. Otherwise petitions to intervene will be considered on their merits as received. (2)4 At or prior to the protest proceeding, the protestant may submit any written or physical materials, objects, statements, or affidavits, and arguments which he/she deems relevant to the  issues raised.  (3) In the proceeding, the protestant, or his/her representative or counsel, may make an oral presentation ofhis evidence and arguments. However, neither direct nor cross examination of witnesses shall be permitted,  also  although the presiding officer may make whatever inquiries he/she deems pertinent to a (4) The judicial rules ofevidence shall not apply, and the presiding officer shall base his/her decision on such information given in the course of the proceeding upon which reasonable (5) Within seven (7) working days of the conclusion of thej proceeding, the presiding officer shall render a decision which sets forth the terms and conditions of any settlement reached. Such decision oft the presiding officer shall be conclusive as to the recommendation to the. Agency (6) Any party may arrange for the proceedings to be steno graphically recorded and shall bear the  determination of the protest.  prudent persons rely in the conduct oft their affairs.  Commission.  expense ofs such recording.  b)  Intervener. The participation of interveners shall be governed by the terms of  the order issued ini response to aj petition to intervene.  c) Time Limits. The time limits in which protests must be filed as provided herein may be altered by specific provisions in invitation for bids or request for proposal. Entitlement to Costs. Ini no case will the protesting bidder or offeror be entitled to any costs incurred with the solicitation, including bid preparation costs and  d)  attorney's fees.  5.5 Stay of Procurement During Protests. In the event of a timely protest under Subsection A ofthis section, the Purchasing Officer shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or unless the Agency Commission makes a determination that the award ofa contract without delay is necessary to  protect the substantial interest of the Agency.  I.  CONTRACT CLAIMS  1.A Authority oft the Purchasing Officer to Settle Bid Protests and Contract Claims. The Purchasing Officer is authorized to settle any protest regarding the solicitation or award ofan Agency contract, or any claim arising out oft the performance of an Agency contract, prior to an appeal to the Agency Commission or the commencement of an action in a court of competent jurisdiction, but may not settle any such protest or claim for consideration of $1,000.00 or greater    in value without prior approval oft the Agency Commission. contract, except bid protests, shall be submitted in writing to the  2.1 Decision oft the Purchasing Officer. All claims by a contractor against the Agency relating to a Purchasing Officer for a decision. The contractor may request a conference with the Purchasing Officer on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach ofcontract, mistake, misrepresentation, or other cause for contract 3. Notice to the Contractor of the Purchasing Officers Decision. The decision of the Purchasing Officer shall bej promptly issued in writing and shall be immediately mailed or otherwise furnished to the contractor. The decision shall state the reasons for the decision reached and shall inform the contractor ofl his appeal rights under Subsection D oft this section. 4. Finality ofthe Purchasing Officer Decision: Contractor's Right to Appeal. The Purchasing Officers decision shall be final and conclusive unless, within ten calendar days from the date ofreceipt of the decision, the contractor files a notice of appeal with the. Agency 5.1 Failure to Render Timely Decision. Ifthe Purchasing Officer does noti issue a written decision regarding any contract controversy within fourteen calendar days after receipt ofa written request for a final decision, or within such longer period as may be agreed upon between the parties, then the aggrieved party may proceed as ifal)/ adverse decision had been issued. 1.Prior to Bid Opening or Closing Date for Receipt of Proposals. Ifprior to thel bid opening or the closing date for receipt of proposals, the Purchasing Officer after consultation with the Agency. Attorney, determines that solicitation isi in violation of federal, state, or local law or  modification or rescission.  Commission.  J.  REMEDIES FOR SOLICITATION OR AWARDS IN VIOLATION OF LAW  ordinance, then the solicitation shall be canceled or revised to comply with applicable law.  2. Prior to. Award. Ifafter bid opening or the closing date for receipt of! proposals, but prior to the award contract, the Purchasing Officer after consultation with the Agency Attorney, determines that a solicitation or aj proposed award ofa contract is in violation of federal, state, or municipal law or ordinance, then the solicitation or proposed award shall be canceled. 3.After Award. If, after award, the Purchasing Officer after consultation with the Agency Attorney, determine that a solicitation or award of a contract was in violation of applicable law  orordinance, then;  a) ifthe person awarded the contract has not acted fraudulently or in bad faith: (1) the contract may be ratified and affirmed, provided it is determined that doing SO is in the (2) the contract may be terminated, and the person awarded the contract shall be compensated for  best interest of the Agency; or  actual costs reasonably incurred under the contract plus  areasonable profit, but excluding attorneyls fees, prior to termination; or  (3) ifthe person awarded the contract has acted fraudulently or in bad faith the contract may be    declared null and void or voidable, ifs such action isi in the best interest oft the. Agency.  V. CONTRACT. ADMINISTRATION 1.S Standard Contract Clauses and' Their Modification.  A. CONTRACT PROVISIONS  a)  The Agency after consultation with the Agency Attorney, may establish standard  contract clauses for use in Agency contracts.  b) However, the Purchasing Officer may, upon consultation with the. Agency Attorney, vary any such standard contract clauses for any particular contract. 2. Contract Clauses. All Agency contracts for supplies, services, and construction shall include provisions necessary to define the responsibilities and rights oft the parties to the contract. The Purchasing Officer after consultation with the Agency Attorney, may propose provisions appropriate for supply, service, or construction contracts, addressing among others the  following subjects:  a) the unilateral right of the Agency to order, in writing, changes ini the work within b) the unilateral right of the Agency to order in writing temporary stopping oft the work or delaying performance that does not alter the scope of the contract; variations occurring between estimated quantities of work in contract and actual  the scope oft the contract;  c) d)  quantities; defective pricing;  e) time of performance and liquidated damages; specified excuses for delay or nonperformance; termination of the contract for default;  f) g) h) i) j)  termination of the contract in whole or inj part for the convenience oft the. Agency; suspension of work on a construction project ordered by the Agency; site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site conditions clause need not included in a  contract  (1) when the contract is negotiated;  (2) when the contractor provides the site or design; or  (3) when the parties have otherwise agreed with respect to the risk of differing site conditions;    k) value engineering proposals; m) access to records/retention records; n) environmental compliance; and 0) prohibition against contingency fees;  I)  remedies;  p)  insurance to be provided by contractor covering employee property damage, liability and other claims, with requirements of certificates ofinsurance any  cancellation clauses;  q) bonding requirements as set by the Agency Commission;  r)  causes ofa and authorization for suspension of contract fori improper contractor  activity.  B. PRICE. ADJUSTMENTS  1.N Method of Price Adjustment. Adjustments inj price during the term ofa contract shall be computed in one or more oft the following ways upon approval by the Agency:  a) by agreement on a fixed price adjustment before adjustment before commencement of thej pertinent performance or as soon thereafter as practicable; b) by unit prices specified in the contract or subsequently agreed upon amounts; c) by costs attributable to the events or situations under such clauses with adjustment ofprofit or fee, all as specified in the contract or subsequently agreed upon by the  Agency;  d) in such other manner as the contracting parties may mutually agree; or e) in the absence of agreement by the parties, by a unilateral determination by the Agency oft the costs attributable to the events or situations under such clauses with adjustment of profit or fee as computed by the Agency, subject to provisions  oft this section.  2. Costs or Pricing Data Required. A contractor shall be required to submit cost or pricing data if  any adjustment in contract price is subject to the provisions oft this section. C. CHANGE ORDERS/CONTRACT AMENDMENTS  1.C Change orders and contract amendments, which provide for the alteration oft the provisions of a contract may be approved by an appropriate person based upon the dollar value 2. The purchasing categories thresholds designated in Section IV-A shall govern the appropriate  ofthe change or amendment. level of approval.  D. ASSIGNMENTS OF CONTRACTS    No agreement made pursuant to any section of this Policy shall be assigned or sublet as a whole or in part without the written consent of the Agency nor shall the contractor assign any monies due or to become due to the contractor hereunder without the previous written consent oft the  Agency.  E. RIGHT TO INSPECT PLANT  The Agency may, as its discretion, inspect the part of the plant or place ofbusiness ofa contractor or any subcontractor which is related to the performances ofany contract awarded, or tol be awarded, by the Agency. The right expressed herein shall be included in all contracts or subcontracts that involve the performance of any work or service involving the. Agency.  VI. RIGHTS OF THE AGENCY COMMISSION  A. Nothing in this Policy shall be deemed to abrogate, annual, or limit the right oft the Commission, in the best interests oft the Agency, to reject all bids received in response to a request, to determine ini its sole discretion the responsiveness and responsibility of any bidder, to approve and authorize or to enter into any contract it deems necessary and desirable for the public welfare, or to vary the requirements oft the Policy in any instance when desirable for the public good.. Any actions taken by the. Agency Commission will not violate federal code, state  statutes or program requirements.  VII. AGENCY PROCUREMENT RECORDS  A. Contract File. All determinations and other written records pertaining to the solicitation, award, or performance ofa contract shall be maintained for the Agency in a contract file. B. Retention of Procurement Records. All procurement records shall be retained and disposed of by the Agency in accordance with records retention guidelines and schedules established by the State of Florida and Federal Guidelines. For CDBG related activities that retention period is six  years.  VIII. SPECIFICATIONS  A. MAXIMUM PRACTICABLE COMPETITION satisfying the Agency needs and shall not be unduly restrictive. Agency by architects, engineers, designers, and draftsmen.  1.All specifications shall be drafted to promote overall economy and encourage competition in 2. This Policy applies to all specifications including, but not limited to, those prepared for the  B. USE OF BRAND NAME OR EQUIVALENT SPECIFICATIONS 1. Use. Brand name or equivalent specifications may be used when the. Agency determines that:  a) b) c)  no other design, performance, or qualified product list is available;  time does not permit the preparation of another form of purchase description, not the nature of the product or the nature of the Agency requirements makes use ofa brand name equivalent specifications suitable for the procurement; or  including al brand name specification;    d) use ofbrand name or equivalent specification is in the. Agency's best interest. 2.1 Designation of Several Brand Names. Brand name or equivalent specifications shall seek to designate three or as many different brands as are practicable, as products to those designated 3.1 Required Characteristics. The brand name or equivalent specifications shall include a description oft thej particular design, functional, or performance characteristics required. 4.1 Nonrestrictive Use of Brand Name or Equivalent Specifications. Where al brand name or equivalent specification is usedi in a solicitation, the solicitation shall contain explanatory language that the use ofal brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended tol limit or restrict competition. 5. Determination of Equivalents. Any prospective bidder may apply, in writing, for aj pre-bid determination of equivalence by the Purchasing Director. Ifs sufficient information is provided by the prospective bidder, the Purchasing Director may determine, in writing and prior to the bid opening time, that the proposed product would be equivalent to the brand name used in the 6. Specitications of Equivalents Required for Bid Submittal. Vendors proposing equivalent products must include in their bid submittal the manufacturer's specifications for those products. Brand names and model numbers used for identification and reference purposes  may be considered for award.  solicitation.  only.  C.E BRAND NAME SPECIFICATIONS  1. Use of Brand Name Specifications. Since the use ofa brand name specification is restrictive of product competition, it may be used only when the Purchasing Director makes a determination 2. Competition. The Purchasing Director shall seek to identify sources from which be designated brand name item ori items can be obtained and shall solicit such. Sources to achieve whatever degree of price competition is practicable. Ifonly o source can supply the requirement, the  that only the identified brand name item will satisfy the Agency needs.  procurement shall be made under section IV-F, Sole Source Purchases.  IX. ETHICS IN PUBLIC CONTRACTING  A. Criminal Penalties. To the extent that violations of the ethical standards of conduct set forth in this section constitute violations oft the State Criminal Code they shall be punishable as provided therein. Such penalties shall be in addition to civil sanctions set forth in this part.  B. Employee Conflict of Interest.  1.P Participation. Its shall be unethical for any Agency employee, officer, or agent to participate directly ori indirectly in a procurement or administration ofac contract. A conflict ofinterest  would arise when:  a) the Agency employee, officer, or agent; b) any member ofhis immediate family;    c) his or her partner; or  d) an organization which employs, or is about to employ, any oft the above, has a The officers, employees or agents will neither solicit nor accept gratuities, favors or anything, of monetary value from contractors, potential contractors, or parties to the agreements. 2.1 Blind' Trust. An Agency employee, officer or agent or any member ofh his family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict ofi interest with  financial or other interest in the firm selected for award.  regard to matters pertaining to that financial interest. C.Contemporaneous Employment Prohibited. contracting with Town of Sneads. D. Use of Confidential Information.  1.Itshall be unethical for any Agency employee who is participating directly or indirectly in the procurement process to become or to be, while an Agency employee, the employee of any person  1.I It shall be unethical for any employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person 1. Gratuities. It shall be unethical for any person to offer, give, or agree to give any Agency employee, officer, or agent to solicit, demand, accept, or agree to accept from another person, a gratuity or an offerofe employment in connection with the decision, approval, disapproval, recommendation, or preparation of any part ofap program requirement or a purchase request, influencing the content of any specification or procurement standard rendering of advice, investigation, auditing, or performing in any other advisory capacity in any proceeding or application request for ruling, determination, claim or controversy, or other particular  E. Gratuities and Kickbacks.  subcontract, or to any solicitation or proposal therefore.  2. Kickbacks. Its shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalfofas subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award ofa 3. Contract Clause. The prohibition against gratuities and kickbacks prescribed in this Section  subcontract or order.  shall be conspicuously set forth in every contract and solicitation.  F.S Sanctions.  1.E Employee Sanctions. Upon violation oft the ethical standards by an employee, officer or agent  ofthe Agency, or other appropriate authority may:  a)  impose one or more appropriate disciplinary actions as defined in the. Agency Personnel Rules and Regulations, up to and including termination of employment;  and  b) may request investigations and prosecution.  2. Non-employee Sanctions. The Commission may impose any one or more oft the following    sanctions on a non-employee for violation of the ethical standards:  a) b) c)  written warnings; termination of contracts; or  debarment or suspension from the Bid List as provided in Section XV.  G.E Recovery ofValue Transferred or Received in Breach of Ethical Standards. 1.C General Provisions. The value of anything being transferred or received in breach oft the ethical standards ofthis Policy by an Agency employee or non-employee may bei recovered from 2. Recovery of Kickbacks by' Town of Sneads. Upon a showing that a subcontractor made a kickback to a prime contractor or a higher tier subcontractor in connection with the award ofa subcontract or order thereunder, it shall bej presumed that the amount thereof was included ini the price oft the subcontract or order and ultimately borne by the. Agency and will be recoverable thereunder from the recipient. In addition, that amount may also be recovered from the subcontractor making such al kickback. Recovery from one offending party shall not preclude  both the Agency employee and non-employee.  recovery from other offending parties. X. FEDERAL POLICY NOTICE shall include the following provisions:  A. Patents. Ifa contract involving research and development, experimental, or demonstration work is being funded in whole or inj part by assistance from ai federal agency, then the contract  a) Notice To Contractor. The contract shall give notice to the contractor ofthe applicable grantor agency requirements and regulations concerning reporting, and rights to, any discovery or inventions arising out oft the contract. b) Notice By Contractor. The contract shall require the contractor to includea similar provision in all subcontracts involving research and development,  experimental, or demonstration work.  B. Notice of Federal Public Policy Requirements.  1.A Applicability. Ift the contract is being funded in whole ori inj part by assistance from any federal agency, the contract is subject to one or more federal public policy requirements such as:  a) equal employment opportunity; b) affirmative action; c) fair labor standards; d) energy conservation;  e) f)  environmental protection; or other similar socio-economic programs.  2. Notice. The Purchasing Director shall include in the contract all appropriate provisions giving    the contractor notice of these requirements. Where applicable the Purchasing Director shall include in the contract provisions the requirement that the contractor gives similar notice to all of  its subcontractors.  XI. PAYMENT TO VENDORS Chapter 89-297, Florida Statutes.  All payment to vendors shall also in accordance with the amended "Prompt Payment Act", XII. MINORITY BUSINESS ENTERPRISE PARTICIPATION PROGRAM A. Purpose and Scope. The purpose of the Minority Business Enterprise Program is to enhance the participation of qualified minority and women-owned businesses inj providing goods and services and construction contracts required by the Agency Commission. This program describes procedures to accomplish this purpose and to monitor and evaluate progress. All Department and Divisions under the jurisdiction of the Agency Commission are responsible for  implementing this program. B. Policy Statement.  1.Itist the policy goal oft the. Agency that two percent (2%) of the Commission approved procurement as contained with both operating and capital improvement budgets (exclusive ofi in- house services and construction) shall be identified and let through the competitive bid process to minority and women businesses and persons. The program is based on an in-depth evaluation of all actual as well as projected procurement (CIPs, equipment, commodities, and services) and on the marketplace. Procurement identified to establish al base for this program is not limited to those items only. This evaluation is the main factor in building ai realistic program with attainable 2. All department and divisions under the jurisdiction of the. Agency Commission are responsible fori implementing this program and for making every reasonable effort to utilize MBE's and WBE's when opportunities are available. The Purchasing Officer will take the lead role in this process by taking active steps to encourage minority or women-owned businesses. 3. Regarding the implementation of this Policy, it is the Commission's intent to foster economic development in the. Agency's area by establishing its MBE goals based on availability of minority and women-owned businesses located within the. Agency. Thisi is in no way intended to limit or restrict competition. Rather, availability of area companies will be used to guide MBE goals. Such geographical preferences may be adjusted, amended, or repealed by the Agency C.D Definition. Minority Business Enterprise (MBE) as used herein, means al business that is owned and controlled at least 51%1 by one or more: minority persons (MBE) or by one or more women (WBE) and whose management and daily operations are controlled by one or more such D. Administrative Responsibilities. Thel Purchasing Officer is responsible for the coordination of  targets.  Commission, with or without aj public hearing, as deemed necessary.  persons.  the Minority Business Enterprise Program and registration.  1. Capital Improvement Projects.  a)  Review. The Purchasing Officer and an appropriate department representative shall review each proposed project or bid to determine potential for utilization of    MBE/WBES and report their finds to the Agency Commission. This review is based on known availability of capable MBE/WBEs in the area in relation to the scope oft the bid package and considers how aj project might be broken down into  sub-bids. b) Pre-Bid. Activity.  (1) Language regarding the Minority Business Enterprise Program will be inserted into bid specifications to assure that prospective bidders are aware ofai requirement to: make good faith (2) Registered MBE/WBES, the Minority Contractors Association and other organizations for minority and women owned businesses will be notified in writing regarding pre-bid conferences where information on project scope and specifications will be presented, along with other types (3) Upon request available plans and specification will be provided to MBE/WBE associations (4) Majority (prime) contractors on a bid list will be sent al letter outlining thel Minority Business Enterprise Program procedures, the supportive documentation required for submittal with their (5) Prior to award the Prime Contractor must provide documentation on attempts to solicit (6) The Prime Contractor attempts to utilize MBE/WBE firms during the project must be documented as part of the Prime's contract award responsibilities under this program. Documentation to include but not limited to requests for bids, bids received and justification for not utilizing MBE/WBE firms when bid amounts received are comparable. Failure to keep these commitments will be deemed noncompliance with the contract and may result in al breach of  efforts to utilize MBE/WBES.  oft technical assistance.  along with any special instructions on how to pursue bids.  bid, and a list ofl MBE/WBE contractors on the bid list.  participation from MBE/WBE firms.  contract.  2. Contractor Responsibilities.  a)  Contractors must indicate all MBE/WBES contacted for quotes regarding a particular scope ofwork and submit a completed "Intent to Perform" sheet containing information and documentation obtained from each MBE/WBEs. b) Acontractor who determines that an MBE/WBES, named in the bid submittal is unavailable or cannot perform, will request approval from the Purchasing Officer adequate documentation of cause for the change is presented by the contractor. c) Ac contractor's MBE/WBE plan will utilize MBE/WBES to perform commercially useful functions int the work bid. An MBE/WBE is performing a commercially useful function when it is responsible for the management and performance ofa Contractors are required to make good faith efforts to obtain MBE/WBE  tor name an acceptable alternate.  Such requests will be approved when  distinct element of the total work.  d)    participation when sO stipulated by bid specifications and/or contracts. Ifthese efforts are unsuccessful, the contractor will submit ai non-availability or refusal to participate and will request waiver of MBE/WBE participation. The contractor who is the successful bidder will attend pre-construction conferences with appropriate Agency representatives to review the project scope The contractor who is the successful bidder must request a change order for any modification to the MBE/WBE plan. Change orders require Commission approval and are contingent on contractor documentation ofMBE/WBE involvement in the change requested and documentation of cause for these changes.  e)  and the MBE/WBE utilization plan.  f)  3. MBE/WBE Contractor Responsibilities.  a) b)  MBE/WBEs must register with the Purchasing Officer in order to participate in MBE/WBES should attend pre-construction conferences to obtain information and technical assistance on project end bid procedures in which they  the Minority Business Enterprise Program.  (MBE/WBES) have submitted bids.  4.. Joint Venture Responsibilities.  a)  All joint ventures between minority and non-minority contractors must meet the  "joint venture" definition included in the policy.  b) The use by MBE/WBES or prime contractors of "minority fronts" or other fraudulent practices which subvert the true meaning and spirit oft the! Minority Business Enterprise Program will not be tolerated and may result in termination of Aj joint venture consisting ofr minority and non-minority business enterprise will be credited with MBE/WBE participation on the basis ofthe percentage oft the dollar amount of the work to be performed by the MBE/WBEs. Contracts subject to this Policy shall contain provisions stating that liquidated damages may be assessed against the general contractor and/or the MBE/WBE firm for violations ofthis Policy on MBE/WBE specifications ini the contract(s). Such liquidated damage provisions shall be in a form approved by the  participation.  c)  d)  Commission.  E. Fulfilling MBE/WBE Participation Requirements.  For the purpose of this Policy, a general contractor may utilize the services of an MBE/WBE subcontractor, manufacturer, and/or supplier in estimating and satisfying the scope ofwork, provided that written contraclagreement is executed between the general contractor and the  subcontractor, manufacturer, and/or the. supplier.  XIII. PAYMENT  A. Payment will be expedited by the Commission within thirty (30) days upon completion and    acceptance of the project. Special consideration may be given tol hardship cases  upon notification by MBE/WBEs.  B. The Agency will provide work progress payments to all businesses at the completion and subsequent acceptance by Commission representative within various stages ofa a particular  project.  XIV. WAIVER OF BID BOND REQUIREMENTS determined to be in the best interest oft the. Agency.  The Commission may ati its discretion, waive any oft the requirements of this Section when itis  XV. BID LIST consist of firms that apply.  Al bid lit for the purpose of bid solicitations shall be maintained by the Agency. The list shall A. The Agency staffmay remove firms from the bid list for any oft the following reasons: 1.c consistent failure to respond to bid invitations (three (3) consecutive instances) within the last  eighteen-month period; or description or business description.  2. failure to update the information on file including address product or service B. The Commission may remove firms from the bid list for the following reasons: 2. conviction in a court ofl law ofa any criminal offense in connection with the conduct of 3. clear and convincing evidence ofa a violation of any federal or state anti-trust law based on the submission oft bids or proposals or the awarding of contracts.  1.f failure to perform according to contract provisions.  business.  4. clear and convincing evidence that a vendor has attempted to give a Commission employee, officer, or agent a gratuity ofany kind for the purpose ofinfluencing ai recommendation or decision in connection with any part of the Commission's purchasing activity. 5. violation or circumvention oft the Minority Business Enterprise. Program; or 6. other reasons deemed appropriate by the Agency Commission.  XVI. REPORTING  A. The Purchasing Officer or appropriate person will report, at least annually, to the Commission B. Records willl be maintained reflecting participation ofl local minority and women owned  on the status oft the Minority Business Enterprise Program.  businesses and shall be reported. XVII. BONDING REQUIREMENTS $200.326 Bonding requirements.  For construction or facility improvement contracts or subcontracts exceeding the Simplified    Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the bonding policy and requirements oft the non-Federal entity provided that the Federal awarding agency or pass-through entity has made a determination that the Federal interest is adequately protected. Ifsuch a determination has not been made, the minimum requirements must be as (a). A bid guarantee from each bidder equivalent to five percent ofthe bid price. The "bid guarantee" must consist ofa firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. (b). A performance bond on the part of the contractor for 100 percent oft the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment ofall the (c) A payment bond on the part of the contractor for 100 percent oft the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material ini the execution oft the work provided for in the  follows:  contractor's requirements under such contract.  contract.  XVIII. TIME AND MATERIAL CONTRACT: NOTT TO EXCEED Use oft time and materials contracts must comply with 2 C.F.R. $2 200.3180). XVIX. PERSONALLY IDENTIFIABLE INFORMATION, PROPRIETARY AND All Personally Identifiable Information, bids that include proprietary and copyrighted materials, and any financial statements submitted by bidders will bel kept secure and private.  COPYWRITED MATERIALS  XVX. SEVERABILITY CLAUSE valid and full force and effect. XVXI. ACCESSIBILITY  Each separate provision oft this program is deemed independent ofa all other provisions herein sO that ifany provision or provisions be declared invalid, all other provisions hereofshall remain  When applicable, procurement documents will be made available in compliance with Section REVISED, PASSED, APPROVED, AND. ADOPTED by the Town Council of the Town of  508.  Sneads, Florida on this 12th day of April 2022.  TOWN OF SNEADS Mike Weeks Town Council President  ATTEST  Sherri Griffin, Town Clerk    PURCHASE AGREEMENT  This is a Purchase Agreement is between Samuel Whittington, whose address is 831 Anderson Road, Alford, FL 32420 ("Seller") and Town of Sneads, Florida, ai municipal corporation, whose address is PO Box 159, Sneads, FL 32460 ("Purchaser") and is effective as described below.  Preliminary Statement:  Seller is the owner of certain parcels of real property situated in Jackson County, Florida, located at 2031 Section Avenue, Sneads, Florida and as more particularly described inl Exhibit" "A." Seller agrees to sell and convey its right title and interest in the Property to Purchaser and Purchaser is willing toj purchase the Property from Seller for the price and in accordance with the Now therefore, for and in consideration of the mutual covenants and promises hereinafter contained, the receipt and adequacy of which are conclusively acknowledged, Seller agrees to sell and convey the Property to Purchaser, and Purchaser agrees to purchase the Property from Seller for the price and on the terms and conditions set forth herein, and as follows:  terms and conditions set forth below.  I.  Definitions. For purposes of this Agreement:  (a) "Agreement" shall mean this Purchase Agreement between Seller and Purchaser. (b) "Closing" shall mean the conveyance oftitle to the Property from Seller to (c) "Closing Date" shall mean the date that the Closing occurs pursuant to this (d) "Effective Date" shall mean the date the last party to this Agreement executes  Purchaser pursuant to the provisions oft this Agreement.  Agreement. this Agreement.  (e)  "Due Diligence Period" shall mean the period following the Effective Date of this Agreement within which Purchaser is to satisfy itself as to the acceptability of the Property for Purchaser's intended use, as more specifically described in  Section II ofthis Agreement.  (f)  "Permitted Exceptions" shall mean: (i) zoning, restrictions, prohibitions and other requirements imposed by governmental authority; (ii) public road rights of way; (iii) recorded utility easements and (iv) such other exceptions to title appearing of  record as Purchaser may, in its sole discretion, agree to accept.  (g) "Title Company" shall mean a licensed title company ofl Purchaser's choice.  1    (h) "Title Defect" shall mean an exception to title, other than a Permitted Exception.  II. Purchase and Sale.  (a) The Purchase Price for the Property shall be $40,000.00.  (b) Within five days of the effective date, the Purchaser shall make a deposit of (c) The balance oft the Purchase price plus Closing costs will be paid at Closing.  $1,000.00 ("Initial Deposit") directly to the Title Company.  III. Due Diligence Period.  (a) Purchaser shall have forty five (45) days from the Effective Date ("Due Diligence Period") to satisfy itselfa as to the acceptability of the Property, or any part ofit,  for Purchaser's Intended Use of the Property ini its discretion.  (b) Seller shall cooperate with Purchaser'si inspections and planning efforts by, for example, providing such additional information as Purchaser may reasonably request from time to time; provided that Seller shall not be required to incur any liability or expense (other than the cost ofcopying and mailing) in connection  therewith.  (c) IfPurchaser is not satisfied with the Property, or any part ofit as limited below, for any reason whatsoever, then Purchaser shall have the absolute and unconditional right to terminate this Agreement by delivering written notice to Seller prior to the expiration of the Due Diligence Period, whereupon Purchaser shall be entitled to an immediate and full refund of all deposits paid under this Agreement. Upon delivering notice to Seller, this Agreement shall automatically terminate, In the event that Purchaser does not deliver such notice oftermination to the Seller prior to the expiration of the Due Diligence Period, then Purchaser shall be deemed tol have accepted the Property and shall have no right to terminate  this Purchase Agreement pursuant to this Section III.  IV. Title.  (a) Seller agrees to convey fee simple title to the Property to Purchaser at Closing, (b) fPurchaser's examination of Seller's title reflects any Title Defects, then  subject only to the Permitted Exceptions.  Purchaser shall so notify Seller in writing promptly, specifying such Title Defects at least ten (10) daysi prior to the expiration oft the Due Diligence Period, or within five (5) days ofreceipt of any title update revealing aj previously non-existent title defect. Any Titlel Defect or potential Titlel Defect not specified in such notice to  2    Seller shall be deemed waived and accepted by Purchaser,  (c) Seller shall have thirty (30) days from receipt of written notice from Purchaser within which to remove any Title Defects, and if Seller is unsuccessful in removing them within said time, Purchaser shall have the option of either: (i) accepting the title in its then existing condition; (ii) terminating this Agreement; or (iii) extending the cure period for such additional time as may reasonably be required to remove the Title Defect. Seller agrees that it will use reasonable efforts to correct any Title Defects within the time provided; however, in no event shall the Seller be required to bring a legal action or expend Seller funds in excess  of five percent of the Purchase Price.  (d) Ifany Title Defects are not cured by the date otherwise set for Closing but are cured within the original or extended cure periods, as applicable, then Closing shall occur within ten (10) days after the title has been corrected, provided the  other conditions oft this Agreement have been met.  (e) Int the event of any dispute relating to the condition of title, the determination of the Title Company shall be conclusive and binding on the parties, unless Seller can provide a reputable and creditworthy title insurance company that will insure  over the matter at issue.  V. Survey. At Purchaser's discretion, within forty five (45) days after the Effective Date ("Survey Period"), Purchaser may obtain a current ALTA boundary survey oft the Property from the surveyor of] Purchaser's choice ("Survey"). Any encroachment of any improvements upon the land, any boundary disputes or violation ofany easements, setback requirements or other covenants revealed by the Survey shall be treated as a' Title Defect as provided in Section V oft this Agreement. Purchaser shall provide Seller with a certified copy of the Survey certified to Seller, Purchaser and the Title Company; and Purchaser shall provide written notice to Seller ofa any matters contained on the Survey that Purchaser deems to be a Title Defect, all within ten (10) days of receipt oft the  Survey.  VI. Closing. Closing shall bel held at a location in. Jackson County determined by Title Company. The exact time of Closing shall be mutually agreed upon between the parties, ort their respective counsel. Risk ofl loss and possession shall be transferred to Purchaser  at completion of the Closing.  VII. Closing Documents. At the Closing, Seller shall execute and/or deliver the following documents all in form and content acceptable to Purchaser, acting in a reasonable (a) A General Warranty Deed conveying title to the Property, subject only to the  manner:  Permitted Exceptions;  3    (b) An Affidavit reciting that there are no mechanic's, materialmen's or laborer's liens against the Property; that there have been no improvements, alterations or repairs to the Property within the past ninety (90) days for which the costs thereofremain unpaid; that the Property is free and clear ofa all liens, taxes, encumbrances and claims whatsoever, with the exception of thel Permitted Exceptions; that affiant has received no notice of any violations of county or municipal ordinances pertaining to the Property and that there are no other parties inj possession;  (c) A Standard FIRPTA affidavit;  (d) A standard "gap" affidavit int the form required by the Title Company issuing a (e) Such other and further documents as may reasonably be required by the Title Company or otherwise reasonably appropriate to consummate the transaction in  title insurance policy to Purchaser;  accordance with the provisions oft this Agreement.  VIII. Closing Costs. Purchaser and Seller shall be equally responsible for payment ofall IX. Access. At all times prior to Closing, Purchaser shall have reasonable access to the Property to conduct reasonable physical and site inspections and for any other purpose deemed necessary or appropriate by Purchaser; provided that Purchaser shall not damage the Property. Purchaser shall indemnify Seller for any loss or damages caused by Purchaser'se entry upon the Property in advance of Closing, except that Purchaser shall not be responsible for minor damage. Seller hereby grants Purchaser a license to enter  closing costs  upon the Property for purpose ofi inspection.  X. Conduct Prior to Closing. Prior to Closing, Seller shall not enter into any new contracts, leases or other agreements that affect the Property or will not expire or be terminable by Seller on or before the Closing Date, unless such agreement is expressly subordinate to  the Purchaser's rights hereunder and approved by Purchaser.  XI. Eminent Domain. Ifany portion of the Property shall be taken through the exercise of the power of eminent domain prior to the Closing, then in such event, Purchaser shall have the option either to: (i) take title at the Closing without any abatement or adjustment ini the Purchase Price, in which event the Seller shall assign its rights in any condemnation award to the Purchaser or, ifit is paid to Seller prior to the Closing, shall be applied as a credit against Purchase Price; or (ii) cancel this Agreement whereupon each] party shall be released from any and all further obligations hereunder. In the event ofs such a loss, Purchaser shall make its election to take title or cancel this agreement within thirty (30) days of written notice thereofby Seller to Purchaser, failing which Purchaser shall be deemed to have elected to take title and close on the Property.  4    XII. Seller's Representations and Warranties.  (a) Seller hereby represents and warrants to Purchaser that to Seller's knowledge, except to the extent disclosed in this Agreement, the following statements are (i) The execution ofthis Agreement and the fulfillment of Seller's obligations hereunder shall not constitute or result in al breach of any term or provision ofa any existing mortgage or ofany other agreement affecting the Property  true:  or by which Seller may be bound;  (ii) Seller has not received official notice, or any informal written or oral notice ofany contemplated condemnation proceedings against the whole  or any part of the Property;  (ii) Seller has no knowledge of any pending or threatened Moratorium, and Seller has no knowledge ofany current violations of any building, zoning or other requirements of any applicable governmental authority affecting  the Property;  (iv) Seller has no knowledge of any fact or condition which would result in the termination or reduction oft the current access from the Property to existing  public streets;  (v) There are no lawsuits presently pending nor have any lawsuits been threatened concerning the Property or any portion thereof, or Seller's title or right to convey the Property or any portion thereofhereunder; (vi) Seller isi in sole and undisputed possession of the Property and no other person or entity is entitled to possession of all or any portion oft the  Property;  (vii) There are no other leases, contracts, agreements, understandings or other obligations existing with respect to the Property, or any portion thereof, except for those disclosed in this Agreement and those to be disclosed to  Purchaser as part of the Seller Deliveries;  (viii) Noj person, firm, corporation, or other entity has any right or option to acquire the Property, or any part thereof, except Purchaser pursuant to this  Agreement;  (ix) Seller has received no notice and has no knowledge ofany pending liens, increased assessments or tax rates, or any special assessments to be made  against the Property by governmental authority;  5    (x) To Seller's knowledge, the Property has not been used for the storage or disposal ofany hazardous or toxic, substance or waste, and is otherwise free from asbestos and other hazardous or toxic substances. Seller has no knowledge of any contamination of the Property in violation of  environmental laws.  (xi) Seller is not a "foreign person" or "foreign corporation" as those terms are defined in the United States Internal Revenue Code, as amended, and Seller shall ratify this warranty by affidavit at the time of Closing.  (b) All ofSeller's representations and warranties shall be true and correct in all material respects as oft the Closing Date and shall be deemed ratified by Seller's act ofClosing. From and after the Effective Date of this Agreement, and until Closing, Seller shall not take any action or make any admission, which would have the effect of violating any oft the representations or warranties of Seller  contained in this Agreement.  (c) The representations and warranties shall survive Closing for aj period of one (1)  year.  XIII. Default by Purchaser,  (a) Excluding the payment of the Purchase Price at Closing which shall not have a cure period or require notice, Purchaser shall be entitled to written notice and ten (10) days as to monetary defaults and thirty (30) days as to non-monetary defaults in which to cure any default, which time frame shall run concurrently with any other notice or cure period set forth ini this Agreement, and any deadline shall be  extended for the period of cure.  (b) IfPurchaser fails toj perform any of the covenants oft this Agreement and/or fails to close as provided herein, then Seller may terminate this Agreement and have and retain the Purchaser's total Deposit paid under this Agreement as liquidated  damages.  (c) Seller expressly and knowingly waives its right to seek specific performance of  Purchaser's obligation to close on the purchase of the Property.  XIV. Default by Seller,  (a) Seller shall be entitled to written notice and thirty (30) days opportunity to cure any default, which time frame shall run concurrently with any other notice or cure period set forth in this Agreement, and any deadline shall be extended for the  period ofcure.  6    (b) IfSeller fails toj perform any oft the covenants of this Agreement and/or fails to close as provided herein, then Purchaser may: (a) terminate this Agreement in which event, Purchaser shall be entitled to an immediate and unqualified refund ofall Deposits; or (b) obtain specific performance of Seller's obligations  hereunder.  (c) Ini no event shall Seller be liable to Purchaser for damages of any kind except in the event that Seller conveys title or any interest ini the Property in violation oft the terms oft this Agreement, thereby making it impossible to obtain specific  pertormance ofthis Agreement  XV. Brokerage. Seller warrants and acknowledges that, to Seller'sk knowledge, there arei no XVI. Indemnification. Purchaser agrees to indemnify and hold the Seller harmless from any cost or liability for personal injury or property damage incurred or caused by reason of the Purchaser ori its employees, agents or contractors, exercise ofits right to enter onto  realtors' fees associated with this transaction.  the Property during the term of this Agreement.  XVII. Miscellaneous.  (a) Entire Agreement. This Agreement constitutes the entire agreement by and between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, both written and oral, by and between the parties hereto with respect to such subject matter. Noi representations, warranties or agreements have been made or, ifmade, have been relied upon by either party, except as specifically set forth herein. This Agreement may not be amended or modified in any way except by a  written instrument executed by each party hereto.  (b) Binding Effect. All terms and provisions of this Agreement shall be binding upon, inure for the benefit of and be enforceable by and against the parties hereto and their respective personal or other legal representatives, heirs, successors and  assigns.  (c) No Waivers. The waiver by either party ofthe prompt and complete performance, or breach or violation, of any provision oft this Agreement shall not operate as, nor be construed to be, a waiver of any subsequent breach or violation, and the waiver by either party oft the exercise of any right or remedy that it may: possess shall not operate as, nor be construed to be, the waiver of such right or remedy by any other party or parties or a bar to the exercise of such right or remedy by such party or parties upon the occurrence of any subsequent breach or violation.  7    (d) Headings. The article headings in this Agreement are for convenient reference only and shall not have the effect of modifying or amending the expressed terms and provisions ofthis Agreement, nor shall they be used in connection with the  interpretation hereof.  (e) Pronouns; Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the context may  require.  (f) Time. Time shall be of the essence. Any reference herein to time periods of less than six (6) days shall in the computation thereof exclude Saturdays, Sundays and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday orl legal holiday shall extend to 5:00 p.m. of the next full  business day.  (g) Severability. Thei invalidity of any provision ofthis Agreement shall not affect the enforceability oft the remaining provisions oft this Agreement or any part hereof, all of which are inserted conditionally on their being valid in law, and, in the event that aj provision oft this Agreement shall be declared invalid by a court of competent jurisdiction, this Agreement shall be construed as ifs such invalid  provisions had not been inserted.  (h) Counterparts. This Agreement may be executed in any number of counterparts, all ofwhich when taken together shall be deemed to be an original and one and the Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of Florida without regard to Jurisdiction and Venue. Each oft the parties irrevocably and unconditionally: () agrees that any suit, action or legal proceeding arising out of or relating to this Agreement shall be brought in the courts of record oft the State ofl Florida in Jackson County; (ii) consents to the jurisdiction of each such court in any suit, action or proceeding; and (iii) waives any objection which it may have to the laying of venue of any such suit, action or proceeding in any of such courts. (k) Assignment. Purchaser may assign this Agreement at Closing, to an affiliate of Purchaser, or to any person or entity which pays all cash at Closing in accordance Further Assurances. Each party will, whenever and as often as he shall be reasonably requested to do sO by the other party, execute, acknowledge and deliver any and all reasonable documents sO requested or as are necessary in order  same instrument.  (i)  principles of conflicts or choice oflaws.  with the terms oft this Agreement.  (I)  8    to carry out the intent and purposes oft this Agreement.  IN WITNESS WHEREOF, the parties hereto have set their hand on the day and date indicated.  As to Purchaser: WITNESSES: Witness Signature Print Name Witness Signature Print Name  Town of Sneads, Florida  By: Lee Garner, Town Manager  Date  (SEAL)  9    As to Seller: WITNESSES: Witness Signature Print Name Witness Signature Print Name  Samuel Whittington  Date:  10    being in the COUNTY OF. JACKSON, STATE OF FLORIDA:  Being the East 100.00 feet ofLot Number One (1) ofHolland's Addition to Town of Sneads as shown on map or plat of record in the public records of Jackson County, Florida and more: fully described as follows: Commence at the Southeast comer of Section 28, Township 41 North, Range 71 West, Jackson  County, Florida, thence North 00 degrees 08 minutes 32 seconds West along East line of Section 28, 1053.36 feet, thence South 89 degrees 02 minutes West, 20.00 feet for Point of Beginning, thence South 00 degrees 08 minutes 32 seconds East 216.11 feet, thence South 76 degrees 34 minutes 31 seconds West 102.80 feet, thencel North 00 degrees07 minutes 40s seconds West 238.29 feet, thence North 89 degrees 02 minutes 00 seconds East 100.00 feet to the Point of Beginning. The above described being the same parcel conveyed by W.T. Holland, and his wife, Ollie K. Holland, to Alton P.. Johns and recorded January 21, 1952 in Deed Book 462, Page 541 and subsequently conveyed to  the Grantor herein.    4/12/2022  TOWN OF SNEADS, FLA  2022 LECISLATIVE SESSION SUMMARY  SUNRISE  Overview of 2022 Session  Bills Filed: 3,735 Passed: 285  7.6%  1    4/12/2022  Overview of 2022  285 BILLS PASSED  Session  98% 16 i6  Perception: A rigid partisan divide over 'culture wars' dominated Florida's 2022 session  60% 100 passed unanimously  VS. Reality:  bipartisan support  All but 7 bills that based had, at least some, bipartisan support.  FY22/23 Budget Overview  Recent State Budget, year over year  130  $112.1 Billion State Budget 10% increase over current year's budget Revenues up 12.3% over projections in February  -  -  2    4/12/2022  Highlights of the FY22/23 budget  $2.3 billion for Everglades Restoration, other water projects Responder Bonuses Minimum Wage Increases $650r million for 4,500 bed corrections facility  $1.7 million investment in concealed weapons licensing and 25 positions  Law Enforcement Recruitment Bonus, &F First "5% increase inj per student education funding  Creation of a 6" District Court of Appeals 5.38% State Employee Payl Increase  Jackson County Specifics  Agricultural Educational Land Laboratory Jackson Co. School Board, $16,798,745  Agricultural Center  Road Drainage Mitigation  3    4/12/2022  Sneads Health & Recreation Project Submitted by Representative Drake & Senator Gainer  Upon signature, available 7/1/22 Grant agreement with DEP Funded at $825,000*  *subject to gubernatorial veto authority  SB620-Local Business Projection Act  Establishes a process by which a business can recover losses caused by new ordinances passed by local governments. Petitioner must demonstrate a 15% loss of profits. Asuit can be cured by amending/repealing the ordinance. Prevailing business can be awarded costs and attorney fees!  SUNRISE  4    4/12/2022  SB518 - Rights to Prune, Trim, and Remove Trees  SB 518 provides that a local government inhibit a property owner's rights to prune, trim, or remove trees on their own property if the tree "poses an unacceptable risk" to persons or  property.  SUNRISE  HouseJoint Resolution 1 - Homestead Exemptions  Proposes a constitutional amendment authorizing the Legislature to provide an  additional homestead exemption of $50,000 for:  Classroom teachers  Law enforcement, correctional officers, firefighters, paramedics, and EMTS  child welfare professionals  active duty members oft the United States Armed Forces,  Florida National Guard members  SUNRISE  5    4/12/2022  HB 7049 - Legal Notices  Gives a governmental agency the option to publish legal notices on a county website instead of in a print newspaper. Jackson County will have a public meeting to determine  residents access to the internet.  Can still publish in a newspaper, and on a newspaper'swebsite.  SUNRISE  HB 3 - Law Enforcement Recruitment  Creates the recruitment bonus program to provide one-time bonus of up to $5,000 to newly employed officers. $1,000 academy scholarship program for new recruits. $1,000 sponsorship of out-of-state transfers for equivalency. Adoption & education benefits for children of officers. May 1st, Law Enforcement Appreciation Day.  SUNRISE  6    4/12/2022  HB 105 Regulation of Smoking by Municipalities  Allows local governments to restrict smoking within the boundaries of any public beach or park they own.  Exceptions for unfiltered cigars.  SUNRISE  HB 985 - Sovereign!mmunity  DID NOT PASS  Increases sovereign immunity caps against all levels of government from $200,000 per person/S300,000 per incident  to $400,000 per person/5600,000 per incident.  Shortens time local government has to settle claim pre-suit.  SUNRISE  7    4/12/2022  FRDAP  Funded at $10,721,968 for FY 22/23. August submission timeline. Application workshop June 22nd  SUNRISE  Thank You  4IQuestions?  SUNRISE  8    RESOLUTION NO. 22-03  ARESOLUTION OF THE TOWN OF SNEADS, FLORIDA SETTING THE POLICY FOR THE EXPENDITURE OF AMERICAN RESCUE PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS BY TOWN OF SNEADS, FLORIDA, AND SETTING AN EFFECTIVE DATE WHEREAS The Town of Sneads, Florida, has received an allocation of funds from the Coronavirus State and Local Fiscal Recovery Funds ofH.R. 1319 American Rescue Plan Act of WHEREAS US Treasury is responsible fori implementing ARP/CSLFRF and has enacted a Final Rule WHEREAS the funds may be used for projects within these categories, to the extent authorized 1. Support COVID-19 public health expenditures, by funding COVID-19 mitigation and prevention efforts, medical expenses, behavioral healthcare, preventing and responding 2. Address negative economic impacts caused by the public health emergency, including economic harms to households, small businesses, non-profits, impacted industries, and 3. Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due toi the pandemic; 4. Provide premium pay for essentialworkers, offering additional support to those who! have borne and will bear the greatest health risks because of their service in critical 5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater  2021 (ARP/CSLFRF); and outlining eligible projects; and  by state law.  to violence, and certain public health and safety staff;  the public sector;  infrastructure sectors; and,  infrastructure, and to expand access to broadband internet; and  WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance, WHEREAS US Treasury has issued a Compliance and Reporting Guidance v.2.1 (November 15, 2021) dictating implementation of the ARP/CSLFRF award terms and compliance requirements;  2 CFR Part 200 (UG), as provided in the Assistance Listing; and  and  WHEREAS the Compliance and Reporting Guidance states on page 6 that  Per20 CFR Part 200.303, your organization must develop and implement effective internal controls to ensure that funding decisions under the SLFRF award constitute  eligible uses of funds, and document determinations, and    WHEREAS THE TOWN OF SNEADS, FLORIDA HAS DETERMINED THAT ITS BEST USE OF THESE FUNDS IS TO REPLACE LOST PUBLIC SECTOR REVENUE IN THE AMOUNT OF $891,013.54 TO  PROVIDE GOVERNMENT SERVICES UP TOTHE AMOUNT OF AWARD. WHEREAS this resolution becomes effective upon signature. OF SNEADS, FLORIDA IN OPEN SESSION OF COUNCIL.  SO RESOLVED THIS 12THD DAY OF APRIL 2022 BY THE UNANIMOUS VOTE OF THE TOWN COUNCIL  ATTEST:  MIKE WEEKS COUNCIL PRESIDENT  SHERRI GRIFFIN TOWN CLERK    Town of Sneads PO Drawer 159 Sneads, Florida 32460  PH (850) 593-6636 Fax (850)593-5079 Email: Sneadsmgr@sneadsfi.com  April 8, 2022  MEMOTO: Council President and Council Members SUBJECT: Town Manager's Report - April 2022  1. You will note a change in the agenda as to having a local pastor doing the invocation for each of the council meetings in the future from the East Jackson County Ministerial Association. In met with them earlier this month and for this meeting we will have Pastor Toby Allen of Salem Wesleyan Church. They all agreed that they would enjoy this task and be more aj part oft the 2. Iwanted to report wel had a successful Pirate and Heritage Event over the last weekend. On Friday wel had over: five hundred school children visiting the event, getting history lessons about how people manufactured and did things many years ago. On Saturday, we had to cancel the boat regatta due to inclement weather in getting the Aux. Arc Keel Boat transported to Sneads, but it will be here sometimes later in the year. The skirmish on Saturday morning between the Sneads Pirates and River Pirates was well received and of course, the Sneads Pirates won the battle. Overall, the event was a success, and we are making plans now: for next year. I want to thank the 3. Ihave included ai memo with backup documentation seeking approval to utilize excess funds from FEMA projects to purchase a new backhoe and dump truck for the Street Department, which will be aj priority need in the next year or SO. We have an opportunity as outlined in the documentation to enable the Town to get this ordered now and save our funds to assist us with the increase that we will have to do for the Police Department. Request a yes vote on this agenda item. 4. Ina accordance with the requirements ofHR 1319. American Rescue Plan Act of2021, we are required to report what the town will be expending the funds we have and will receive from this act to the US Treasury on our first report due April 30, 2022. With the changes to the authorized uses of the funds in the final rule, the Town can use them to provide government services to the extent they do not use over $10 million, or the amount received. We will get a total of$891,013.54 over the two-year period, with all ofit having to be expended by 2026. Ihave prepared Resolution No. 22-03 to authorize these funds to be used for the above purpose, and we will have toj properly account for the expenditures in our financial records and audits. Request a yes vote on this item. 5. Another agenda item is approval of revised CDBG purchasing plan for the Town of Sneads. Ihave 6. Ihave had a conversation with Mr. Samuel Whittington, owner of the property across the street from where we want to construct our new. Public Safety facility along Hwy 90. He has asked that the Town make him an offer to consider purchasing his property, which is valued about $40,000. The' Town. Attorney has prepared the purchase agreement attached for your approval toj present this  community they represent.  Town of Sneads for its support of the event.  attached the updated plan for your review and approval at council meeting.    to Mr. Whittington to see ifhe will accept the proposed purchase price. The amount was derived from what the property is assessed at and difference in actual value. Ifhe approves, we can work 7. Iami in the process of working out an agreement with Career Source Chipola to be able to employ several young out of school students during June and July 2022 in various positions within the Town under a grant process they are providing with full payment, and this would be a good firsthand experience for these teenagers. The ages will be from 16-24: and Ihave asked for all of ours to be over eighteen sO they can operate equipment, such as weed eaters, lawnmowers, etc. that the Town has. Hopefully, this will assist us since we do not have the inmates as previously provided. We can use some oft them at the sports complex tol keep it up and in good order. 8. We will also have CDBG grant fund agreement for Grant No. M0113, in the amount of $1,907,925.00 for work on nine (9) critical roadways, and integrated drainage improvements throughout the Town, for signature oft the Council President. This grant is not part oft the $4,600,000 stormwater and drainage grant that we have received. Representatives ofDHM will be 9. We all know what we have coming regarding the pay ofthe Police Officers, and this can be addressed as we proceed during the upcoming budget process. For the months of July-August- September we can make some adjustments in current budget as a show of good faith that we will look out for the well being of our public safety officers. By some oft the actions that hopefully you will approve tonight, we will be able to weather the storm for the next couple ofyears and we are looking for the State Legislature to act in the next session to provide some assistance to municipal governments on this matter. Ihave already addressed this with our consultants, and they are taking 10.I was happy to receive the FLORIDA. LEAGUE OF CITIES, INC. Home Rule. Award again this year. I hope that next year, some ofyou councilmembers will be able to advocate in Tallahassee for the' Town and local home rule. We need to start now with our legislative delegation on insuring that they act regarding the municipal police salaries deficit in the next session. I did not realize that Ihad been a member of] FCCMA: for twenty-five years and have enjoyed being a member the  out the closing with Town Attorney and can pay for it with ARPA funds.  here to go ini more detail the scope of work on Grant No. M0113.  this under advisement.  entire time. ELMON LEE GARNER, TOWN B  MANAGER  CC: Town Clerk, Deputy Clerk, Town. Attorney