SNEADS TOWN COUNCIL REGULAR MEETING DECEMBER 13, 2022  The Town Council of the Town of Sneads, Florida, met in a regular session at the Sneads  Assembly of God on' Tuesday, December 13, 2022, at 6:00 p.m. Mike Weeks called the meeting to order with the following present: Mike Weeks, Tony Money, George Alexander, Angela Locke and Donovan Weeks, Council Members  Daniel Cox, Attorney Lce Gamer, Town Manager Mike Miller, Police Chief Sherri Griffin, City Clerk Danielle Guy, Deputy Clerk And the following werc absent: All stood for the Pledge of Allegiance. scconded. All voted aye.  None  Tony Money made a motion to approve the November: minutes as presented. George Alexander Sherri Griffin, City Clerk presented Financial Statements and Budget Review Summary for November. (See Attached) Donovan Weeks made a motion to accept them as presented. George Angie Locke made a motion to pay approved bills. Tony Money seconded. All voted aye. Steve Barrentine and Chris Nash with Waste Pro came before the Council to introduce themselves and to discuss the recent issues we have been having with the service. They stated that they had been having both equipment and personnel problems, but that plans were in the works to provide the Town with improved service. They stated that should there be an issue to call them and thanked the Town for allowing Waste Pro to be their service provider. Andrew Kalel, Town Consultant, reported on updates on behalf oft the Town. He recently met with Representative Abbott, and has a meeting scheduled with Senator Trumbull. Hei is also working with the Corps of Engineers to see about the' Towns ability to obtain the marina section adjacent to Sneads Park. He also stated that FRDAP grants should be announced this week and we will learn if the Town was successful in getting our grant for Dodson Property. He is also looking into the Log Cabin grant and putting in for a Transportation Project for railroad crossing.  Alexander seconded. All voted aye.    Regular Meeting December 13, 2022 Page 2  Procurement and Award Policies- Federal Program and Grants Purchasing Policy was discussed. Vance Coley with Melvin Engineers talked about the required changes to the overall purchasing policies to comply with the Federal Purchasing/ FEMA regulations. (See Attached) Mr. Cox asked ift the maximum amount for quotes was correct. Mr. Coley stated that it could be more or less, but these are the same amounts used for CDBG. Mr. Cox suggested that the Council approve as presented, giving the Town Manager and Attorney the authorization to change the purchasing categories once they verify the maximum amounts for quotes. After discussion, Donovan Weeks made ai motion to approve the Federal Program and Grants Purchasing Policy Not including the CDBG Program, and authorization the Town Manager and Attorney to make the said changes in need be as stated above. George Alexander seconded. All voted aye. Attorney Cox updated the Council about that he and other lawyers representing those persons who had an interest in the property land use/zoning at 2023 River Road were exchanging information and that we had received a public records request from all property owners. Our hope is to have these records together soon for all parties and to have the item placed on the agenda for our January 2023 council meeting where the council could decide the use/zoning of Rev. Mike von. Keyserling, Sneads United Methodist Church requested that the local Ministerial Association be authorized to assist the Town with applying for various grants and forming a non- profit association. (See attached). After some discussion, the Town Attorney stated we could apply for a 501c (3) for the Recreation Committee and this group could collaborate with them if Meagan McIntosh representative of the Recreation Committee reported that football season would be ending in the next few days and that registration was underway for softball/baseball season in 2023. She thanked all that have been involved with the recreation programs and stated they sure would like to have lights at the fields. She was informed that this was a number one priority for the Town and had been discussed with our local legislative delegation for the upcoming legislative session, along with pursuing any other avenue available.  the property.  ok with council. All agreed. More details to follow on this matter.  Mr. Garner presented his Managers Report. (See attached)  He is attending the annual FCCMA Winter Institute in Clearwater on  February gth and 10th  Working on changes to the personnel policy for adoption at the January 2023 meeting  Reminded everyone about the holiday schedule  Town Attorney stated he had received a request to change the lease for the property inside the Industrial Park to allow the Chipola Baptist Association to use the property. They will use the property as a place where citizens can obtain assistance and training for young people. After some discussion, Council all agreed to allow them to use and maintain the facility, pay all utilities and no rent, or $1 year. He will bring back a revised lease for the. January 2023 meeting.    Regular Meeting December 13, 2022 Page 3  Mrs. Locke asked about the building at Gloster that fell if we were planning to get that cleaned up. It was explained that the building was involved in the Hometown Revitalization Project and Mr. Money asked about notifying the property owner of2023 River Rd and getting it cleaned up.  we really can't do anything until we, get word from grants management.  Donovan Weeks made a motion to adjourn at 6:55 pm.  Respectfully Submitted, Danille Gur Danielle Guy, Deputy Clerk"  APPROVED:  MIKE WEEKS, COUNCIL PRESIDENT    Regular Meeting DECEMBER 13, 2022  Budget Summary GENERALFUND amount. GASTAX  NOVEMBER- Revenues are 2.86% below budgeted amount. Expenditures are 9.14% above budgeted NOVEMBER- Gas Tax County is 3.64% above budgeted amount. Local Option Gas Tax is 4.14% above  budgeted amount. Expenditures are 4.04% above budgeted amount.  SOLID WASTE  NOVEMBER- - Garbage revenues are less than 1% above budgeted amount. Expenditures are less than  1% below budgeted amount. WATER AND SEWER  NOVEMBER-ACI Sewer is 1.46% below budgeted amount, Water Sales and Sewer Sales are inl line with  budgeted amount. Expenditures are 7.44% above budgeted amount.  RECREATION FUND November- No activity    TOWN OF SNEADS  FEDERAL PROGRAM AND GRANTS PURCHASING POLICY  NOTINCLUDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM  I.  PURPOSE  This Policy is adopted to assure that commodities and services for Federal Grant Funding Programs are obtained efficiently and effectively in free and open competition and through the use ofsound procurement practices. All Town staff and other persons (subgrantees or contractors) with designated responsibility for the administration of Federal 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 0;2 CFR: 200.317-326;s. 287.055 and 255.0525, Florida Statutes; and Rule 73C-23, Florida Administrative Code.  II. APPLICATION OF POLICY  This Policy shall apply to contracts or agreements for the procurement of all materials, supplies, services, construction, and equipment for any Federal Grant Funding Programs soliçited or  entered into after the effective date oft this Policy. II. PURCHASING DIRECTOR agreements described in Section II.  The Town of Sneads will designate al PURCHASING OFFICER who shall serve as the central purchasing officer (the "Purchasing Officer") of the Town of Sneads for all contracts or  IV. PURCHASING AND CONTRACT AWARD PROCEDURES A. PURCHASING CATEGORIES; THRESHOLD AMOUNTS  All purchases and contract awards are tol be made subject to the provisions of the appropriate  Section(s) according to the following threshold amounts:  1. Small Purchases. 2.1 Purchasing Quotes.. 3. Competitive Sealed Bids/Proposals. B. SMALL PURCHASES  $lto $10,000 $10,001 to $25,000 $25,001 and above  The purchase of commodities, equipment and services shall follow the small purchase  requirements as outlined in 2 CFR 200 (add specific items here).  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 cstablished base amount for Competitive Sealed Bids/Proposals in Section IV where price, not qualifications, is the basis for contract award, shall be awarded by compctitive 2. Invitation to Bid. Under Section 255.0525(2), F.S. and Rule 73C-23.005212)0), 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. ACKSON-AgmyRegon as well as a nearby federal Office of Management and Budgct (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 to bid for construction projects that are projected to cost more than $500,000 shall bcj publicly advertised at least once in ai 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  sealed bidding.  and contractors on the Agency's MBE/WBE solicitation list.  An Invitation to Bid shall be issued and shall include spccifications, 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 the proposer as a result ofany 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 behalfoft the 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 behalfofp proposers.  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. The 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 twelvc (12) working days prior to bid opening ori 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 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  the Special Conditions of the bid specifications.  forth for the submittal of proposals and opening bids.    discounts, transportation costs, and total or life cycle costs. No criteria may be used inl 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 rccommendation 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 on mistakes in the bid, shall bej 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 a mistakc, ofnon-judgmental character was made, the nature oft the mistake, and the bid price actually intended. After bid opening, no changes in the bid price or other provisions of bids prejudicial to thei interest of the Agency or fair competition shall be permitted. In lieu ofb bid correction, al low bidder alleging a material mistake ofi fact may be  and shall place the item on the agenda oft the Agency Commission.  permitted to withdraw his bid if:  a)  the mistake is clearly cvident on the face oft the bid document but the intended b) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made. All decisions toj permit the correction or withdrawal of bids or to cançel awards or contraçts based on bid mistakes shall be supported by a  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 a purchase description to support an award based onj 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 and responsive bidder whose bid meets the requirements and criteria 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 or inj part when one or both conditions are in the best interest ofTown of Sneads. Any 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 of some or all ofbids received, may be given by posting the bid tabulations where the bids were opened, by telephone, by first class mail, or 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.  first solicitation.  requirement which is waived must be documented and kept in the file.  b) Notice of Right to Protest. All notices of decision or intended decisions shall contain the statement: "Failure to file a protest within the time prescribed in Section IV, Hofthe Federal Grant Funding Purchasing Policy oft the Town of Sneads shall constitute a waiver  of proceedings under that section of this Policy".  10. Cancellation of 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 iti isi 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 bc disqualified by the  resolicitation or any future procurement of 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 ofl law of any criminal offense in connection with the conduct of e) Clear and convincing evidence ofa violation of any federal or state anti-trust law based on the submission ofbids 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 a1 recommendation or decision in connection with any part oft 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 ofa single item or services or aggregate in exccss oft 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.F Professional Architectural. Engineering, Landscape. Architectural, and Land Surveying  according to the provisions of Section IV, E2.  Services a)  Public Announcement, Iti is thej 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 ofqualifications, performance data and other related information for the  performance of professional services.  (1) Scope of Project Requirements. Prior to submission of the request for proposals for professional services as an agenda item for approval by the Council, the Purchasing Officer shall submit to thc Agcncy written project requirements indicating the nature and scopc oft thc professional serviccs 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 oft 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 of current contracts or prior services or studies which are related to the g) the desired qualifications, listed in order ofimportance, oft the person or firm appliçable to the sçope 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 ofsuch 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 of the requirements. The project requirements shall be accompanied by an invitation to such persons to submit an indication ofi interest inj performing the required services, and by notification of the date and time when such indications ofinterest are due. This date shall not be less than twelve (12) calendar days from the date ofj 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 ofl Management 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 considercd. However, if three 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 oft those best qualified to be formally interviewed. (4) Reuse of Existing Plans. There shall be no public notice requirements or utilization of the selection process as provided in this section for projects in which the. Agency is able to reuse existing plans from a prior project. However, public notice of any 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 oft thej professional services to be contracted, the Agency may determine whether a three member or five member selcction committee will best serve  the necds of the Commission.  (1) Three Member Committee Composition. Membership ofat three-member selection    committee shall be appointcd by the Council President or his/her designee. (2) Five Member Committee Composition. Membership ofa five-member selection committec shall be appointed by the Council President or his/her designee. (3) Selection Committee Evaluation. Only written. responses of 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 ofwritten responses, an interest in performing the serviçes the Selection Committee shall:  (a) prepare an alphabetical list ofthose persons determined by the Sclection (b) designate no less than three persons on the alphabetical list considered by the Selection Committee tol bel best qualified to perform the work required.  Committee tol be qualified, interested and available; and  (4) Shortlisting. If determined by the selection committee, thel best qualified respondents shall be based upon the Selection Committee's ability to differentiate qualifications applicable to the scope and nature of the services to be performed. The Selection Committee shall/d determine qualifications, interest, and availability by reviewing the written responses that express an interest inj performing the services, and by conducting formal interviews of no less than threc selected respondents that are determined to be best qualified based upon the evaluation ofwritten 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 be undertaken, availability of adequate personnel, equipment and facilities, the extent of repeat business oft the 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 accomplishments; (f) proximity to the project involved, if applicable;  (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 oft the list. The list ofbest qualified persons shall be forwarded to the Commission for approval prior to beginning contract negotiations. Negotiation sequence shall be based on the order of preference. ***Shortlisting and interviews may be deferred if the sclection committee deems that a respondent mects all criteria for negotiation, and int 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 Mayor directs that negotiations be conducted by al 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 the 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 of 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 or1 thel Negotiations Committee be unable to negotiate a satisfactory contract with the firm considered to bei the most qualified, negotiations with that firm will be formally terminated. The Purchasing Officer ort the Negotiation Committee shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Purchasing Officer ort the Negotiation Committee shall for ally terminate negotiations, and then shall undertake negotiations with the third most qualified firm. Should the Purchasing Offiçer 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 the procurement of 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 oft the 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  provisions of Section IV-E-1.    c)  Commission on Approval. Proposals anticipated to exceed the threshold established in Section IV-A-3 for Competitive sealed Proposals shall be approved 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 oft this 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 ofo 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 in the Request forl Proposals, and under regulations promulgated by the Town of Sneads Town Council, discussions may be conducted with responsible offerers who submit proposals determined to be qualified of being selected for award for the purpose ofc clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerers shall be accorded fair and equal treatment with respect 1o 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 of any information derived from proposals submitted by competing offerers. The Purchasing Officer shall prepare a written summary of the proposals and make written recommendation of award to the Agency Commission. As a part oft the recommendation, the Purchasing Officer shall conduct a cost analysis, including evaluation of profit, based on a cost breakout by the firm ofi its proposed Award. Award shall be made by the Agency Commission to the lowest responsive and responsible offerer whose proposal is determined in writing to be the most advantageous to' Town of Sneads, taking into consideration the evaluation factors  by the Town of Sneads prior to solicitation.  c) f)  opening or submission.  g)  price.  h)  set forth in the Request for Proposals. SOLE SOURCE PURCHASES  F. 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 of the Clerk ofCourts, certifies in writing, after conducting a good faith review ofa available 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 be placed on the agenda for Commission approval and clarification that the vendor has been determined to be a sole source. When aj purchase exceeds  ($25,000) it will require prior approval. G. COOPERATIVE PURCHASING  1. State Contracts. The Purchasing Officer is authorized to purchase goods or serviccs for any dollar amount from authorized vendors listed on the respective state contracts oft the Department  of General Services, subject otherwise to the requirements oft this Policy.    2. Other Governmental Units. The Purchasing Officer shall have the authority to join other units of government: in cooperative purchasing ventures when the best interest oft the. Agency would be served thereby, and the same is in accordance with this Policy and with the Agency, Federal and  State Law. H. BID PROTEST  1.F Right to Protest. Any actual prospective bidder, offeror, or contractor who is aggricved in connection with the soliçitation 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 a Protest. Any person who is affected adversely by the decision or intended decision of the Agency shall file with the Purchasing Officer a notice of protest in writing within 72 hours after the posting ofbid tabulation or after receipt oft the notice ofi intended decision and filea formal written protest within 10 calendar days after he/she filed thei notice of protest, Failure to file a notice of protest or failure to file a formal written protest shall constitute a waivero of proceedings under this scction. A written protest is filed with the. Agency when it is delivered to a) The notice of protest shall contain at a minimum: the namc oft thc bidder; the bidders address and phone number; the name oft the bidder's representative to whom notices may be sent; the name and bid number oft the solicitation; and a  and received in the office of the Purchasing Officer.  brief factual summary of the basis of the protest.  b) The formal written protest shall identify the protestant and the solicitation involved; include aj plain, clear, statement oft 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 The protestant shall mail a copy of the notice of protest and the formal written protest  such grounds.  to any person with whom he/she isi in dispute.  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, if 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 4. Protest Proceedings. If the protest cannot be resolved by mutual agreement, the Purchasing Officer shall conduct or designate another to conduct a protest proceeding pursuant to the  provided herein.  following procedures: a)  Protest Proceeding Procedures  (I) The 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) 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 (3) In the proceeding, the protestant, or his/her representative or counscl, may also make an oral  issues raised.    presentation of his evidence and arguments. However, neither direct nor cross examination of witnesses shall bej permitted, although the presiding officer may make whateveri inquiries he/she (4) The judicial rulcs of evidence shall not apply, and the presiding officer shall base his/her decision on such information given in the course oft the proceeding upon which reasonable (5) Within seven (7) working days oft the conclusion of the proceeding, the presiding officer shall render a decision which sets forth the terms and conditions ofany 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 tol be stenographically recorded and shall bear the  deems pertinent to a determination of the protest.  prudent persons rely in the conduct oft their affairs.  Commission.  expense of such recording.  b) Intervener. The participation ofinterveners shall be governed by the terms of  the order issued in response to a) petition to intervene.  c) d)  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 forj proposal. Entitlement to Costs. In no case will the protesting bidder or offerer be entitled to any costs incurred with the solicitation, including bid preparation costs and  attorney's fees.  5. Stay of Procurement During Protests. Ini the event ofa timely protest under Subsection A of this section, the Purchasing Officer shall not procecd 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 oft the Agency. CONTRACT CLAIMS  I.  1.Authority of the Purchasing Officer to Settle Bid Protests and Contract Claims. The Purchasing Officer is authorized to settle any protest regarding the solicitation or award of an 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 2. Decision oft the Purchasing Officer. All claims by a contractor against the Agency relating to acontract, except bid protests, shall be submitted in writing to the 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 modification or 3. Notice to the Contractor oft the Purchasing Officers Decision. The decision oft the Purchasing Officer shall be promptly issucd 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 ofhis appeal rights under Subsection D ofthis section.  in value without prior approval oft the Agency Commission.  rescission.    4. Finality ofthe Purchasing Officer Decision: Contractor's Right to Appeal. The Purchasing Officers decision shall be final and conclusive unless, within 10 calendar days from the date ofr receipt of the dccision, the contractor files ai notice of appeal with the Agency 5.1 Failure to Render Timely Decision. Ifthe. Purchasing Officer does not issue a written decision regarding any contract controversy within fourteen calendar days after receipt of a 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 the bid opening or the closing date for receipt ofj proposals, the Purchasing Officer after consultation with the Agency Attorney, determines that solicitation is in violation of federal, state, or local law or ordinance, then the solicitation shall be canceled or revised to comply with applicable law. 2. Prior to Award. Ifafter bid opening or thc 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 isi 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 ofa contract was in violation of applicable law  Commission.  J.  REMEDIES FOR SOLICITATION OR AWARDS IN VIOLATION OF LAW  or ordinance, then;  a) ift the 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  best interest oft the Agency; or  (2) the contract may be terminated, and the person awarded the contract shall be compensated for actual costs reasonably incurred under the contract plus a reasonable profit, but excluding (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 is ini the best interest of the Agency.  attorney's fees, prior to termination; or  V. CONTRACT ADMINISTRATION  A. CONTRACT PROVISIONS  1.S Standard Contract Clauses and Their Modification.  a) The Agency after consultation with the Agency Attorney, may establish standard b) However, the Purchasing Officer may, upon consultation with the Agency Attorney, vary any such standard contract clauses for any particular contract. In addition to other provisions required by al Federal agency or the non-Federal entity, all contracts made by the non-Federal entity under a Federal award must contain certain provisions, as applicable. Those provisions are hereby  contract clauses for use in Agency contracts.  c)    incorporated as Attachment A to this Policy.  2. Contract Clauscs. All Agency contracts for supplies, services, and construction shall include provisions necessary to define the responsibilities and rights of 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 in the work within b) the unilateral right oft the Agency to order in writing temporary stopping oft the work or delaying performance that does not alter the scope oft thc contract; c) variations occurring between estimated quantities of work in contract and actual  the scope oft the contract;  quantities; d) dcfective pricing;  e) time of performance and liquidated damages; specified excuses for delay or nonpertormance; termination of the contract for default;  f) g) h) i) j)  termination oft the contraçt in whole or in 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 noti 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 thc risk of differing site conditions;  k) value engineering proposals; m) access to records/rctention records; n) environmental compliance; and 0) prohibition against contingency fees;  I)  remedies;  p)  insurance to bej provided by contractor covering employee property damage, liability and other claims, with requirements of certificates ofi insurance any  cancellation clauses;    q) bonding requirements as set by the Agency Commission;  r)  causes ofand authorization for suspension ofc contract for improper contractor  activity.  B. PRICE ADJUSTMENTS  1.1 Method ofPrice Adjustment. Adjustments in pricc 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 oft the 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 manncr as thc contracting parties may mutually agree; or e) in the absence of agreement by the parties, by a unilateral determination by the Agency ofthe costs attributable to the events or situations under such clauscs with adjustment of profit or fee as computed by the Agency, subject toj 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 of this section. C. CHANGE ORDERS/CONTRACT AMENDMENTS  1.Change orders and contract amendments, which provide for the alteration oft the provisions ofa 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  oft the change or amendment. level ofapproval.  D. ASSIGNMENTS OF CONTRACTS  No agreement made pursuant to any section ofthis Policy shall be assigned or sublet as a whole or in part without the written consent oft the Agency nor shall the contractor assign any monies due or to become due to the contraçtor hereunder without the previous written consent of the  Agency.  E.  RIGHT TO INSPECT PLANT  The. Agency may, as its discretion, inspect the part oft the plant or place of business ofa contractor or any subcontractor which is related to the performances ofo any contract awarded, or tol be awarded, by the. Agency. Thc right expressed herein shall be included in all contracts or subcontracts that involve the performance ofany 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 ofthe Commission, in the best interests oft the Agency, to reject all bids received in response toa 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 of 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 of a contract shall be maintained for the Agency in a contract file. B. Retention of Procurement Records. All procurement records shall be retained and disposed ofby the Agency in accordance with records retention guidelines and schedules established by the State of Florida and Federal Guidelines. For Federal Grant Funded related activities that retention period is at: a minimum, six years. This retention will follow the individual grant  guidance.  VIII. SPECIFICATIONS  A. MAXIMUM PRACTICABLE COMPETITION satisfying the Agency needs and shall not be unduly restrictive. Agency by architects, engincers, 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) no other design, performance, or qualificd product list is available;  b) time does notj permit the preparation of another form of purchase description, not c) the nature of the product or the nature of the. Agency requirements makes use ofa brand name equivalent specifications suitable for the procurement; or 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  including a brand name specification;  may be considered for award.  3.1 Required Characteristics. Thel brand name or equivalent specifications shall include a description oft the 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 used in a solicitation, the solicitation shall contain explanatory    language that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. 5.Determination: of Equivalents. Any prospective bidder may apply, in writing, for a pro-bid determination of equivalence by the Purchasing Director. Ifsufficient 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. Specifications of Equivalents Required for Bid Submittal. Vendors proposing equivalent products must include ini their bid submittal the manufacturer's specifications for those products. Brand names and model numbers used for identification and reference purposes  solicitation.  only.  C. BRAND NAME SPECIFICATIONS  1. Use ofBrand 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 toi identify sources from which be designated brand name item or items can be obtained and shall solicit such. Sources to achieve whatever degree of price competition is] practicable. Ifonly 0 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 INI PUBLIC CONTRACTING  A. Criminal Penalties. To the extent that violations oft the ethical standards of conduct set forth in this section constitute violations of 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 ofI Interest. would arise when: a)  1. Participation. It shall be unethical for any Agency employee, officer, or agent to participate directly or indirectly in aj procurement or administration of a contract. A conflict ofi interest  the Agency employee, officer or agent; b) any member ofh his immediate family; c) his or her partner; or  d)  an organization which employs, or is about to employ, any of the above, has a  financial or other interest in the firm selected for award.  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. Blind Trust. An Agency employee, officer or agent or any member of! his family who holds a financial interest in a disclosed blind trust shall not be deemed tol have a conflict ofinterest with    regard to matters pertaining to that financial interest. C. Contemporaneous Employment Prohibited. contracting with Town of Sneads. D.Use ofConfidential Information.  1.Itshall be unethical for any Agency employee who is participating directly or indirectly in the procurement process to become ori to be, while an Agency employee, the employee ofany person  1.Its shall be unethiçal 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.C 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 offer of employment in connection with the decision, approval, disapproval, recommendation, or preparation ofany part ofaj program requirement or a purchase request, influencing the content of any specification or procurcment standard rendering of advice, investigation, auditing, or performing in any other advisory capacity in any proceeding or appliçation request for ruling, determination, claim or controversy, or other particular  E. Gratuities and Kickbacks.  subcontract, or to any solicitation or proposal therefore.  2. Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf ofas 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. Employee Sanctions. Upon violation of the ethical standards by an employee, officer or agent  oft the. 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.  2.1 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 wamings; termination of contracts; or  debarment or suspension from the Bid List as provided in Section XV.  G. Recovery of Value Transferred or Received In Breach of Ethical Standards. 1.G General Provisions. The value of anything being transferred or received in breach oft the ethical standards of this Policy by an Agency employee or non-employcc may be recovered from 2. Recovery of Kickbacks by Town of Sneads. Upon a showing that a subcontractor madea a  both the. Agency employee and non-employce.    kickback to a prime contractor or al higher tier subcontractor in connection with the award ofa subcontract or order thereunder, it shall be presumed that the amount thereof was included in the priçe oft the subcontract or order and ultimately bome 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  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 a federal agency, then the contract  a)  Notice To Contractor. The contract shall give notice to the contractor oft the applicablc grantor agency requirements and regulations concerning reporting, and rights to, any discovery or inventions arising out of 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.Applicability. If the contract is being funded in whole or 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; atlirmative action; c) fair labor standards; d) energy conservation;  b)  e) f)  environmental protection; or other similar socio-economic programs.  2.1 Notice. Thel 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 noticc 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 purposc of the Minority Business Enterprise Program is to enhance the participation of qualified minority and women-owned businesses in 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 oft the Agency Commission arc responsible for  implementing this program. B. Policy Statement.  1.Itist the policy goal oft the Agency that two percent [2%) oft the Commission approved procurement as contained with both operating and capital improvement budgets (exclusive of in- house services and construction) shall bei 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 oft the Agency Commission are responsible for 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 int this process by taking active steps to encourage minority or women-owned businesses. 3. Regarding the implementation ofthis Policy, it ist 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. This isi in no way intended to limit or restrict competition. Rather, availability ofarea companies will bc used to guide MBE goals. Such geographical preferences may be adjusted, amended, or repealed by the Agency C.Definition. Minority Business Enterprise (MBE) as used herein, means a business that is owned and controlled at least 51% 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. The 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.C 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. Pre-Bid Activity,  b)  (1) Language regarding the Minority Business Enterprise Program will be inserted into bid specifications to assure that prospective bidders are aware ofa a 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  efforts to utilize MBE/WBEs.  oftechnical assistance.    (3) Upon request available plans and specification willl be provided to MBE/WBE associations (4) Majority (prime) contractors on a bid list will be sent a letter outlining the 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 a breach of  along with any special instructions on how to pursue bids.  bid, and a list of 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) A contraçtor 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. Ac contractor's MBE/WBE plan will utilize MBE/WBES toj perform commercially useful functions in the work bid. A 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 participation when sO stipulated by bid specifications and/or contracts. Ifthese efforts are unsuccessful, the contractor will submit a non-availability or refusal to participate and will request waiver ofl 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 of MBE/WBE involvement in the change requested and documentation of cause for these changes.  to name an acceptable alternate.  Such requests will be approved when  c)  distinct element oft the total work.  d)  e)  and the MBE/WBE utilization plan.  f)  3. MBE/WBE Contractor Responsibilities.  a)  MBE/WBES must register with the Purchasing Officer in order to participate in  thel Minority Business Enterprise Program.    b)  MBE/WBES should attend pre-construction conferences to obtain information and technical assistance on project end bid procedures in which they  (MBE/W/BES) have submitted bids.  4.Joint Venture Responsibilities.  a) All joint ventures between minority and non-minority contractors must meet the 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 bet tolerated and may result in termination of  "joint venture" definition included int the policy.  participation.  c) Aj joint venture consisting of minority and non-minority busincss enterprise will be credited with MBE/WBE participation on the basis oft the percentage oft the dollar amount oft 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 oft this Policy on MBE/WBE specifications in the contract(s). Such liquidated damage provisions shall be in a form approved by the  d)  Commission.  E.F Fulfilling MBE/WBE Participation Requirements.  For the purpose of this Policy, a general contractor may utilize the services ofal MBE/WBE subcontractor, manufacturer, and/or supplier in estimating and satisfying the scope ofwork, provided that written contractlagreement is executed between the general contractor and the  subcontractor, manufacturer, and/or the supplier.  XIII. PAYMENT  A. Payment will be expedited by thc Commission within thirty (30) days upon complction and acceptance oft the project. Special consideration may be given to 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 bei in the best interest of the Agency.  The Commission may at its discretion, waive any oft the requirements of this Section when itis  XV. BIDI LIST consist of firms that apply.  Al bid lit for the purpose ofbid solicitations shall be maintained by the Agency. The list shall A. The Agency staff may remove firms from the bid list for any of the following reasons: 1.consistent failure to respond tol bid invitations (three (3) consecutive instances) within the last  cighteen-month period; or    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 of law of any criminal offense in connection with the conduct of 3. clear and convincing evidence of a violation of any federal or state anti-trust law based on the submission ofbids or proposals or the awarding of contracts;  description or business description.  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 ofa any kind for the purpose ofi influencing ai recommendation or decision in connection with any part ofthe Commission's purchasing activity; 5. violation or circumvention of 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 will be maintained reflecting participation of local minority and women owned  on the status of 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 of the 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). Aj performance bond on the part oft the contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the  follows:  contractor's requirements under such contract.  (c)Ap payment bond on the part oft 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 ofall persons supplying labor and material in the execution of the work provided for in the  contract.    XVIII. TIME. AND MATERIAL CONTRACT: NOTTOI EXCEED Use oft time and materials contracts must comply with 2 C.F.R. $ 200.318(). XVIX. PERSONALLY IDENTIFIABLE INFORMATION, PROPRIETARY AND All Personally Identifiable Information, bids that include proprictary 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 if any provision or provisions be declared invalid, all other provisions hereof shall remain  When applicable, procurement documents will be made available in compliance with Section PASSED, APPROVED, AND ADOPTED by the Town Council oft the Town of Sneads, Florida  508. on this  day of December 2022.  TOWN OF SNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    ATTACHMENT. A Appendix II to Part 200  Contract Provisions for Non-Federal Entity Contracts Under Federal Awards  In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the A) Contracts for more than the simplified acquisition threshold must address administrative, contractual, or legal remedies ini instances where contractors violate or breach contract  following, as applicable:  terms and provide for such sanctions and penalties as appropriate. B) All contracts in excess of$10,000 must address termination for cause and for  convenience by the non-Federal entity including the manner by which it will be effected  and the basis for settlement.  C) Equal Employment Opportunity - all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the cqual opportunity D) Davis-Bacon Act - when required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision Contract Work Hours and Safety Standards Act - where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include aj provision for compliance with 401 U.S.C. 3702 and 3704, as supplemented by Department ofLabor regulations (29 CFR Part 5). Rights to Inventions Made Under a Contract or Agreement - where applicable, the recipient or subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under  clause provided under 41 CFR 60-1.4(b).  for compliance with the Davis-Bacon Act.  E)  F)  Government Grants, Contracts and Cooperative Agreements."  G) Clean Air Act and thel Federal Water Pollution Control Act - contracts and subcontracts ofamounts in excess of$150,000 must contain aj provision that requires the non-Federal award to agree to comply with all appliçable standards, orders or regulations issued pursuant to the Clean Air Act and the Federal Water Pollution Contract Act. H) Debarment and Suspension - a contract award must: not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM). Byrd Anti-Lobbying Amendment - contractors that apply or bid for an award exceeding Procurement ofr recovered materials - a non-Federal entity that is a state agency or agency ofaj political subdivision and its contracts must comply with section 6002 oft the  I) J)  $100,000 must file the required certification.  Solid Waste Disposal Act.    K.) Prohibition on certain telecommunications and video surveillance services or equipment L) Domestic preferences for procurements - requirements of2CFR 200.322 must be included in all subawards including all contracts and purchase orders for work or  ina accordance with 2 CFR 200.216.  products.  Remainder of page intentionally left blank.    Sneads Athletic Fields Evermore  S.A.F.E www.sneadsIkdSOTH email: onate@sneadsli@sors  December 15, 2022  Dear [ Insert Play Name]  The families of Sneads Florida are seeking your help in providing a wholesome and enriching experience for the children and youth of our Town. In 2019 our park was severely damaged from Hurricane Michael wreaking havoc on our athletic fields. The people of thet town have come together on numerous volunteer days and have fixed what we were able to fix with our own skills and funds collected; however, we are struggling to finish the repairs to the electrical system to include score boards, Lights, and PA systems.  We have been working with FEMA and other agencies for more than two years but have not received the help we need to bring our athletic fields back to a full functioning day and night We all know how important sports are to our young people and how: small farming towns like Sneads live to gather around and watch their children and grandchildren play the sports we all did, when we were their age. Our athletic fields are used by Sneads and many ofi the surrounding small towns as well. Any assistance you can provide in helping us raise the $986,000.00 would be greatly appreciated. We are sending letters like this to all the professional athletes that got their start playing sports in Florida. Every little bit helps and when we all pull together, we will accomplish the mission to give the children of Sneads and the surrounding communities a chance for al happy and well-balanced life. Scan the QR code below  sporting events.  for ways to donate. Sincerely,  Michael von Keyserling Founder    Town of Sneads PO Drawer 159 Sneads, Florida 32460  PH (850) 593-6636 Fax (850)593-5079 Email: Sneadsmgr@sneadsll.com  December 9, 2022  MEMO TO: Council President and Council  SUBJECT: Town Manager's Report to Council - December 2022  1 Since this report is being prepared prior to our meeting with the School Board and Town of Sneads on" Tuesday afternoon, Iwill share with you the responses I have received sO far to the request for public records I made to the School Board. Please see the attached email string and comments from the custodian oft records for the School Board. Hopefully, many oft the questions asked will 2. We have been busy working with our Engineers and Consultants preparing further documentation for our CDBG/FEMA Grants and hopefully all this work will soon result in some funds starting to 3. Ihave an agenda itcm just so that Town Attorney can brief you on where we are with the zoning/land use at 2023 River Road. This is not intended to be used for discussion from the audience, but only ifany of you have questions. Aj public hearing will be scheduled at some later 4. Iam requesting permission to confirm my attendance at the FCCMA Winter Institute in Clearwater on. February gth and 10th as Ia am on the Conference Committee and will be moderator 5. Iam still working on changes to the personnel policy and will have a suggested change at our 6. Iwant to thank Staff for all the challenging work they have done getting everything ready for the Christmas Parade and events leading up to Christmas and wish all of you: a very Merry Christmas. 7. Ihave a short mceting with Senator Trumbull in Tallahassee with Consultant December 14that 10:00. AM. Council President Weeks, myself and our consultant met with Representative Shane Abbott last Friday in Bonifay to discuss things for the upcoming session and to get more acquainted with our new State Representative. We had a good, information sharing meeting with  be responded to at our mecting.  flow to the Town.  date, Iassume, unless everyone backs off and lets it go to sleep.  fora couple of sessions.  January 2023 meeting for approval.  him and feel he will support us as much as he can in the legislature. 8.7 Thisi is not a longrI wish each of you a Merry Christmas and Happy New Year,  gup-T.  WN MANAGER  ELEE    sneadsmgr@sneadstl.com  From: Sent: To: Subject:  CHERYL MCDANIEL CHERYLMCDANIELO)/C5B.ORG) Thursday, December 8, 20225:17PM neadsmgresneadst.com RE: (External) Confirmation of Receipt of Email  This is to acknowledge receive of our request. You are correct, some parts oft this are extensive. Ihave several comments or questions concerning some of the requests as we do not have a document that would be responsive to the a. We dor not have a document that breaks down the number of students by zip code. Ifa document can easily be created in our: student information system, we may be able to honor the request fori information. la am not aware of one that will take student zip codes of students andi identify which school and print a report. lwill check with our MIS department and seei if that does exist. Otherwise, it would require someone taking the enrollment rosters of each school andi individually go to the student record andi identify which zip code they have for their address. With 316: students at Grand Ridge and! 572 at Sneads Elementary currently, this would take extensive time from as staff member to do this. Again, will check with MIS to see if there isa b. The Facilities Director, Dallas Ellis, stated he does not have a document that gives these percentages but he will see what information the FISH report gives him that may be comparable or at least have numbers that could be The Board Agenda minutes can be found at the link below and are. searchable. The Superintendent's secretary will look for any minutes and papers containing discussions andi information as requested regarding the location d. Ihave asked Dallas Ellis to look through the folders/documents left by Stuart Wiggins and we will also have Elizabeth Walden do an email archive search in response to this record. Email searches do take time because each has to ber reviewed before release to make sure iti is responsive to the request and hasn't been included because of al key word from the search and may be an email that contains a student name or other protected e. There is no document that would contain information on plans regarding transportation but it would bet the same as is currently being done. Currently students from Sneads travel to Grand Ridge Middle and the time  request.  document/report. converted to percentages.  of the new: school but you can also search on the site.  information.  varies based on where their home address is. Mr. Ellis will research this for me.  Elizabeth Walden will give me an estimate of the time needed for the email search as this is what will take the  most time, other than request A (if there is no document fort this).  Mrs. McDaniel  From:sneadsmgresneadsfl.com medimgresmeadil.com Sent: Thursday, December 8, 2022 6:41 AM To: CHERYL MCDANIEL <CHERYL.IMCDANIELQICSB,ORG> Subject: RE: (External) Confirmation of Receipt of Email  Herei is a copy of our request. Thank you, Lee Garner, Sneads    From: CHERYL MCDANIEL <CHERYLMCDANIELOICSBORG> Sent: Wednesday, December 7,20225:20PM To: eadamg@neadl.com Subject: RE: (External) Confirmation of Receipt of Email  Igot an email but do not have an attachment or any language concerning a records request. Our website www.icsb.org) at the bottom has a portal to enter request. Itis not required to be done this way but since there is an issue with me getting the emails you may want to submit it here. Otherwise, you can replyi in this email what specific  records you are requesting. Cheryl McDaniel  From: nesincenesdhl.com mdmgrehlcoee Sent: Wednesday, December 7, 2022 1:33PM To: CHERYL MCDANIEL <CHERYL-MCDANIELQICSB,ORG> Subject: (External) Confirmation of Receipt of Email  Sincelused the wrong address on thei first email, wanted toi insure got my records request.  Thank you,  Lee garner, Town Manager, Sneads neadinxreneadilcon  The. Jackson County School District is an Equal Education Opportunity Provider and Employer. Under Florida's Public Records Law, absent as specific exclusion, written communications to and from Jackson School District employees and students are considered public records. E-mail communications with this correspondent may be subject to public and  media disclosure upon request. (*)  2    Srcal Wownet Rpulibnn 55 7pae  School Zip 171 32312 171 32321 171 32324 171 32333 171 32351 171 32352 171 32428 171 32432 171 32442 171 32443 171 32446 171 32447 171 32448 171 32460 171 39818 171 39819 181 32324 181 32342 181 32423 181 32426 181 32432 181 32442 181 32443 181 32446 181 32447 181 32448 181 32460 181 32351 181 39819  #ofs Students %of Population  1 1 24 1 1 5 1 2 187 39 31 1 26 251 1 3 23 1 1 1 1 103 21 12 1 17 133 1 1  0.17% 0.17% 4.17% 0.17% 0.17% 0.87% 0.17% 0.35% 32.52% 6.78% 5.39% 0.17% 4.52% 43.65% 0.17% 0.52% 7.28% 0.32% 0.32% 0.32% 0.32% 32.59% 6.65% 3.80% 0.32% 5.38% 42.09% 0.32% 0.32%  onr-Suhedheads.  o1s1Gvaad  Ridgp