SNEADS TOWN COUNCIL REGULAR MEETING December 14, 2021  The Town Council oft the Town of Sneads, Florida, met in a regular session at the Sneads Town Hall on  Tuesday, December 14, 2021, at 6:00 p.m.  Mike Weeks called the meeting to order with the following present:  Mike Weeks, Donovan Weeks, Daniel Cox, Attorney Lee Garner, Town Manager Mike Miller, Police Chief Sherri Griffin, City Clerk Danielle Guy, Deputy Clerk And the following were absent: George Alexander All stood for the Pledge of Allegiance. seconded. All voted aye.  Angela Locke and. Anthony Money; Council Members  Donovan Weeks made a motion to approve the November minutes as presented. Tony Money  Sherri Griffin, City Clerk presented Financial Statements and Budget Review Summary. (See Attached) Tony Money made a motion to accept them as presented. Donovan Weeks seconded. All voted aye. Donovan Weeks made ai motion to pay approved bills. Angie Locke seconded. All voted aye. Mr Garner read Proclamation "Sneads High Volleyball Team Day" 2021. (See attached) Coach Heather Edge was present on behalfofthe team to receive it. She stated that unfortunately due to scheduling conflicts the team could not be present because they were at practice for other sports. Council all understood and wanted her to pass along how proud they were ofboth her and the team's Evan McCallister, Melvin Engineers came before the Council to discuss and get approval on a few CDBG Policies required when applying. He explained each one and stated that with doing these updates policies now it would help make the application process easier in the future. These updates can  accomplishments this year and all the years past.  be made by approving two Resolutions. (See attached copies ofpolices)  Resolution #21-18, was read by Attorney Dan Cox.  A Resolution establishing the Town of Sneads Community Development Plan, Section 504 Policy and SelfEvaluation/ Transition Plan, Section 3 and Affirmative Action Policy, Citizen Participation Plan & Complaint Procedure, CDBG Procurement Policy, Prohibition on use of Excessive Force Policy, and an Anti- Displacement Plan, providing for an effective date. Donovan Weeks made ai motion to approve Resolution #21-18 as presented. Angie Locke seconded.. All  voted aye.    Regular Meeting December 14, 2021 Page 2  Resolution #21-19, was read by Clerk Sherri Griffin.  Al Resolution by the Town of Sneads, Florida, adopting aj policy for the Protecting ofIndividuals Engaging in Non-Violent Civil Rights Demonstrations, repealing all Resolutions in Conflict herewith, Tony Money made a motion to approve Resolution #21-19 as presented. Donovan Weeks seconded. All The service agreement between the Town and Sunrise Consulting Group was presented to Council for approval. (See attached) Both Sunrise consultant and Attorney Cox spoke to Council about amending the agreement to 14 months contract to run throughout the entire year of1 legislative session and then sign. After discussion, Donovan Weeks made a motion to make the agreed change to 14-month contract Mr Garner presented Council with a letter from property owners Peter and Kimberly Sheff who would like to rezone property 2044 Green Ave, from residential to commercial. Council heard from the property owner and the potential new owner. Attorney Cox explained the process of advertising and having public hearings. Also present were surrounding property owners who were against the idea of this becoming commercial property. Attorney explained that this would have to be discussed in aj public hearing more. Council all agreed to have this brought back before them for public hearing dates to be Mr Garner wanted to discuss the canceling oft the Christmas Parade. He explained his decision and stated that he stood by it and would make the same one today. In the future we are going to work on having a weather day and have spoken with DOT to see what the process is for such. He: spoke about that hel knew of others wanting to have the parade on other streets in town, but after speaking with the Chief, they agree the streets ini town are not safe or wide enough for parades and there is not anywhere in town for people to safely park without being on private property. There just is not a way to have He stated that for now we are. having ai met and greet with Santa still this Thursday, December 16th from 3 to 5pm here at City Hall in the Council room. We were going tol have cookies and cocoa but have decide to go ahead and do thel hotdogs, chips, and drinks as well. That way parents can come out and enjoy dinner as well. We want everyone tol have a great evening visiting Santa and having  and providing for an effective date.  voted aye.  and then approve.. Angie Locke seconded. All voted aye.  discussed further.  another parade this year. We tried.  fellowship.  There were a lot of comments about the parade. It ended with we are going to do what was suggested by Mr Garner for this year. Look towards next year. Maybe try to have a Spring Parade. Start working on the Christmas Parade and Festival early and with help from all that will lend al helping hand.  Mr Garner presented his Managers Report. (See attached)  Mr Garner stated that City Hall would be closed December 23rd and 24th and He also stated he would be on vacation from December 22nd thru 28th.  December 30th and 31St.  Attorney Cox presented Council with news going on in this Legislative Session. (See attached) He stated that these are: items that would affect the town and he would let us know the outcome oft them.    Regular Meeting December 14, 2021 Page: 3  Mike Weeks read a statement from Council Alexander thanking the Fire Department and Police Departments for all oft the demanding work and long hours they have been having to put in lately. Mike Weeks stated that we have to do: something about the mosquito spraying. Mr Garner stated that he Mike Weeks stated that the street patch that we are currently using does not seem to be holding up as well. He asked that wel look into doing something different. Mr Garner stated that he hopes that we will not be doing al lot ofthe patching for much longer. That we had a site visit for the stormwater grant. They looked at the roadways and waterways and they all agreed to all the roads we: showed them that Mike Weeks asked ifthere was any way we could get loans for the light at the ball field and then pay it back with the money from FEMA and insurance. Mr Garner stated he did not think SO but would look  Especially with all oft the fires that have had recently.  is working on it all he can.  they were in much need ofredoing.  into it. Public comment: Jason Johnson  Donovan Weeks made a motion to adjourn at 7:30 pm.  Respectfully Submitted, Danull Danielle Guy, Deputy  Gwy  APPROVED:  MIKE WEEKS, COUNCIL PRESIDENT    Regular Meeting DECEMBER 14, 2021  Budget Summary  GENERALFUND  NOVEMBER-Revenues are 5.96% below budgeted amount. Expenditures are 6.06% below budgeted amount.  GASTAX  NOVEMBER- Gas Tax County is 16.74% above budgeted amount. Local Option Gas Tax is  is2.94% above budgeted amount.  Expenditures are. less than 4.66% below budgeted amount.  SOLID WASTE  NOVEMBER-Carbage revenues are 1.64% above budgeted amount.  Expenditures are 8.06%below budgeted amount.  WATER & SEWER  NOVEMBER-Sewer Special and. ACI Sewer are just below budgeted. Water Sales and Sewer  Sales are in line with budgeted amount. Expenditures are 2.34% above budgeted amount.  RECREATION FUND  NOVEMBER- Revenues and expenditures are below budgeted amount.    P-R-0-C-L-A-M-A-T-I-0-N  A PROCLAMATION OF THE TOWN OF SNEADS, FLORIDA DESIGNATING SNEADS HIGH SCHOOL VOLLEYBALL TEAM DAY'  DECEMBER 14, 2021  WHEREAS, the challenging work, dedication, sportsmanship, talent, and exceptional team chemistry of the 2021 Sneads High School Lady Pirate Volleyball Team has enabled these student athletes to make history by earning the title of State of Florida Class A Champions for the ninth year in a row, a record not equaled by any other team in history, and  WHEREAS, the determination, leadership, spirit, and forward motivation of the team brings much credit and honor to the Jackson County School District and the Town of Sneads on the  local and state level, and  WHEREAS, Head Coach Heather Edge and the entire coaching staff, team members, parents, faculty, and student body at Sneads High School were integral in guiding the team to victory and winning the State Championship,  NOW, THEREFORE, I, Mike Weeks, Council President of the Town of Sneads, Florida, do hereby recognize and heartly congratulate Sneads High School Lady Pirate Volleyball nine    times ina a row state champions on their outstanding accomplishment and therefore proclaim Tuesday, December 14, 2021, as "Sneads Pirate Lady Volleyball Team Day" in the  Town of Sneads, Florida.  IN WITNESS WHEREOF, I, hereunto set my hand and cause the seal of the Town of Sneads, Florida to be affixed on this 14th  day of December 2021.  MIKE WEEKS COUNCIL PRESIDENT SNEADS, FLORIDA  ATTEST:  SHERRI GRIFFIN TOWN CLERK    RESOLUTION NO. 21-18  A RESOLUTION ESTABLISHING THE TOWN OF SNEADS COMMUNITY DEVELOPMENT PLAN, SECTION 504 POLICY AND SELF EVALVATION/TRANSITION PLAN, SECTION3 AND AFFIRMATIVE ACTION POLICY, CITIZEN: PARTICIPATION PLAN & COMPLAINT PROCEDURE, CDBG PROCUREMENT POLICY, PROHIBITION ON USE OF EXCESSIVE FORCE POLICY,AND AN ANTI-DISPLACMENT PLAN, PROVIDING FOR. AN EFFECTIVE  DATE.  Whereas, the Town of Sneads desires to establish a Community Development Plan toj provide Whereas, the Council finds it int the best interest oft the public to adopt, by resolution, the Town Whereas, the Town desires to comply with certain program planning requirements to be compliant and eligible for State and Federal funding programs and therefore to establish an Anti- Displacement Plan for certain potential housing displacement possibilities; and Whereas, the Town desires to comply with certain program planning requirements to be compliant and eligible for State and Federal funding programs and therefore to establish a Whereas, the Town desires to comply with certain program planning requirements to be compliant and eligible for State and Federal funding programs and therefore to establish a Community Development Block Grant (CDBG) Procurement Policy; and Whereas, the Town desires to comply with certain program planning requirements to be compliant and eligible for State and Federal funding programs and therefore to establish a Whereas, the Town desires to comply with certain program planning requirements to be compliant and eligible for State and Federal funding programs and therefore to establisha Whereas, the Town desires to comply with certain program planning requirements to be compliant and eligible for State and Federal funding programs and therefore to establish a Section 504 Policy and Self Eyaluation/Transition Plan to address planning for improvements needed to affect compliance with the Americans with Disabilities Act; and Whereas, the Town desires to maintain and improve facilities and services for the Town and its citizens by improving the physical environment, considering the future when making short term decisions, utilizing professional input when making strategic plans, facilitating continuous citizen input, and identifying all available resources or opportunities to improve the quality of  guidance for development; and  ofSneads Comprehensive Plan as the Community Development Plan: and  Citizen Participation Plan and Complaint Policy; and  Section 3 and Affirmative Action Plan; and  Prohibition on Use of] Excessive Force Policy; and  life for the citizens ofthe Town of Sneads.    Now therefore be it resolved by the Sneads Town Council that the Town of Sneads Comprehensive Plan as it may be amended is hereby adopted as the Community Development Plan. Furthermore, the attached. Section 504 Policy and sa/EBaluationromsition. Plan, Section 3and Affirmative Action Policy, Citizen Participation Plan and Complaint Procedure, CDBG Procurement Policy, Prohibition on Use of Excessive Force Policy, and Anti-Displacement Plan  are adopted by the Town ofSneads.  PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Sneads, Florida  on this 14th day ofDecember 2021.  TOWN OFSNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    RESOLUTIONNO.21-9  AI RESOLUTION BY THE TOWN OF SNEADS, FLORIDA, ADOPTING A POLICY FOR THE PROTECTION OF INDIVIDUALS ENGAGING IN NON-VIOLENT CIVIL RIGHTS DEMONSTRATIONS, REPEALING ALL RESOLUTIONS IN CONFLICT  HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE.  BEI ITI RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF SNEADS, FLORIDA THE  FOLLOWING:  Whereas 421 United States Code 5304(a)(D)(1), enacted as; Section 1040 ofthe Housing and Community Development Acavmyuismhspess offederal: funds to adoptand enforcea policy prohibiting thei use ofexcessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and  Whereas 42 United States Code 5304(a)(I)(2), enacted as Section 104 ofthel Housing and Community Development Actofl974,requires: ssubrecipients offederal funds toadopta and enforcea poncyorentorcinga applicable Statea and local ppiNylmyewe to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its  jurisdiction:  Therefore and henceforth, it is the policy oft the Town to prohibit the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations; and to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such nonviolent civil rights demonstration within its jurisdiction with due and proper consideration given to the extent and  limits oft the Town's power and authority to do SO.  All other resolutions and policies or sections ofresolutions and policies ofthe Town in conflict witht thep provisions ofthis Resolution arel hereby repealed toi the extent ofsuchconflict.    Ifany section, paragraph, sentence, orclausehereoforany provisionofthisF Resolution is declaredi tol beinvalido wrusastisiamadermiaing provisions ofthis Resolution shall be  unaffected thereby and shall remain in full force and effect.  This Resolution shall take effect immediately upon its passage.  PASSED, APPROVED, AND. ADOPTED by the Town Council oft the Town of Sneads, Florida  on this 14th day ofDecember 2021.  TOWN OF SNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    TOWN OF SNEADS SECTION 504 POLICY  The purpose of this plan is to effectuate section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), to the end that no otherwise qualified individual with handicaps in this local government shall, solely by reason ofhis or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any local government  program or activity.  The Section 504 Coordinator for the Town shall be the Town Manager.  Definitions:  "Accessible", when used with respect to the design, construction, or alteration ofai facility ora portion of a facility other than an individual dwelling unit, means the facility when designed, constructed or altered, can be approached, entered and used by individuals with physical  handicaps.  "Accessible", when used with respect to the design, construction, or alteration of an individual dwelling unit, means the unit is located on an accessible route and when designed, constructed, or altered, can be approached, entered and used by individuals with physical  handicaps.  Accessible Route",n means a continuous unobstructed path connecting accessible elements "Individual with Handicaps" means any person who has a physical or mental impairment that substantially limits one or more: major life activities, has ai record ofs such an impairment, ori is regarded as having such an impairment. For purposes of employment, this term does not include, (1)alcoholics and/or drug abusers whose current use ofthe substance prevents the individual from performing the duties oft the jobi in questions, or whose employment, by reason of current alcohol or drug abuse, would constitute a direct threat to property or safety of others, (2) or any other individual who has a currently contagious disease ori infection and who, by reason of such, would constitute a direct threat tol health or safety ofothers, or is unable to perform the duties of the job. "Physical or mental impairment" includes (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more oft the body systems identified in 24 CFR Part 8, or (2) any mental or psychological disorder, such as mental retardation, organic  and spaces ofal building or facility that complies with the space and reach requirement.  brain syndrome, emotional or mental illness, and specific learning disabilities.    TOWN OF SNEADS SECTION 504 POLICY SELF EVALUATION PLAN  The Process:  A. Review the inventory of programs and activities conducted by the local government B. Collect and document the policies and practices that govern the administration of the C. Analyze how the policies and practices affect individuals with handicaps who seek to E. Obtain comments on the self-evaluation from persons with handicaps and other  that was completed as aj part oft the transition plan process. local government's programs and activities. participate in the programs and activities.  D. Make and document changes and additions to local policy.  interested persons.  The attached Facility Review Form should be completed for each building.  In order to comply with the requirement of 24 CFR Part 8, Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities oft the Department of] Housing and Urban Development, the Town will conduct an evaluation ofits current policies and procedures.  The Self-Evaluation will also document local efforts to comply with the appropriate 1. Evaluate the current policies and practices to determine whether, in whole or 2. Modify any policies and practices that do not meet the requirements of this part. 3. Corrective steps to remedy the discrimination revealed by this self-evaluation  nondiscrimination based on handicap regulations in the following ways: inj part, they do not or may not meet with the requirements of 24 CFR Part 8.  are discussed ini the transition plan.    TOWN OF SNEADS SECTION 504 POLICY TRANSITION PLAN  In 1978 Congress amended section 504 of the Rehabilitation Act of 1973 to extend the coverage of section 504 to the programs and activities conducted by government. Regulations implementing section 504 call upon the local government to complete a transition plan, when structural changes are necessary to make one or more of their programs accessible to individuals with handicaps, and to conduct a self-evaluation oft their programs and activities. The transition plan sets out the steps to make the facilities used by the local government accessible. Regulations implementing section 504 generally require that local governments determine if physical barriers in facilities they occupy cause discrimination against individuals with handicaps by preventing or interfering with their participation inj programs conducted in those facilities. Barriers that result in discrimination must be removed or thej program otherwise modified to ensure that individuals with handicaps have access to programs and activities. The transition plan must detail how and when any necessary structural changes will be made. Structural changes are to be made as soon as possible, but generally no later than three years from the indication ofaj problem. The plani ist tol be completed with the assistance of individuals with handicaps and other interested persons and  should be available for review by interested persons.  Through the self-evaluation, the local government identifies and changes any policies or practices that discriminate against qualified individuals with handicaps. The effect of these requirements is to cause the local government to review their facilities, programs, policies and practices and make changes required to permit individuals with handicaps to participate fully in  the local government's s programs and activities.  Process:  A. Inventory the programs and activities conducted by the local government. B. Inventory the facilities in which programs and activities are conducted. C. Evaluate Barrier Act facilities and correct any problems identified. D. Analyze how the programs or activities are conducted in the facilities.  E. Survey the facilities not subject to the Barriers Act and develop information that will F. Determine ift there are physical barriers to program participation in the facilities. H. Provide interested groups with the opportunity to review and comment on the draft  help determine ifbarriers exist to program access. G.1 Develop solutions toi the problems identified in F.  transition plan.  GRIEVANCES  The individual responsible for implementing the plan is the Town Clerk. Grievances/complaints should be in writing and should be brought to the attention of the clerk    immediately. The clerk will handle the grievance as soon as possible, but no longer than 30 days after receipt of a written complaint. Ifstill needing consideration, the complaint can be reviewed by the local governing body. Ifno resolution oft the issue is made either with the clerk or the local governing body, the complainant can request the State of] Florida review the issue. The clerk will assist in determining which State Office is most likely the agency best suited to consider the complaint; however, the complainant can still send the complaint to any office they deem fit.  PASSED, APPROVED, AND ADOPTED by the Town Council oft the Town of Sneads, Florida  on this 14th day of] December 2021.  TOWN OF SNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    TOWN OF SNEADS, FLORIDA  ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN  Displacement Avoidance Policy  The Town of Sneads is committed to a policy to make all reasonable efforts to ensure that activities undertaken through the use ofCommunity Development Block Grant (CDBG) funds will not cause unnecessary displacement or relocation. Such federally funded programs will be administered in a manner ensuring that careful consideration is given during the planning phase with regard to avoiding displacement. The Town of Sneads will also provide information to and keep citizens involved in the process regarding pending land use changes, zoning, and rezoning  actions that threaten the preservation of residential areas.  Involuntary displacement shall be reserved as a last resort action necessitated only when no other alternative is available and when the activity is determined necessary in order to carry out a specific goal or objective that is of benefit to the public. In this case, community development and housing programs will be planned in ai manner which avoids displacement of households or businesses. However, voluntary (temporary or permanent) relocation may be necessary in order to achieve a benefit to al household or business (such as rehabilitation or replacement of the building). Such benefits shall be identified and requested by the displacee. Voluntary displacement may also occur when aj property owner voluntarily offers his home or business property for sale to the local government. In these cases, the seller may be required to waive rights as a condition of sale oft the property, and the Uniform Relocation Act provisions will govern actions ofthe local government and/or its representative. 24 C.F.R. Part 570 isa governing document on displacement and is incorporated by reference. 49C.F.R. Part 24 provides Uniform Relocation Act information and is incorporated by reference. As it pertains to the Town of Sneads' Tenant Assistance, Relocation, and Real Property Acquisition Plan, the U.S. Department of Housing and Urban Development Handbook #1378 shall be adopted ini its  entirety as aj part oft this policy as amended.  II. Definitions of"Standard" and "Non-Standard Suitable for Rehabilitation" Dwelling  Unit Condition  In the absence of federal and state provided definitions, the following is provided to establish a frame of reference and context when dealing with matters of displacement and/or  relocation as defined in 24 CFR Part 570 and 49 CFR Part 24.  A. Standard Condition  Ad dwelling unit is considered standard ifit has no major defects or only slight defects which are correctable through the course ofregular maintenance. It must bei in total compliance with applicable local housing and occupancy codes; be structurally sound, watertight and in good repair; be adequate in size with respect to number ofrooms and area ofliving space and contain    the following:  1. As safe electrical wiring system adequate for lighting and other normal electrical devices, 2. Al heating system capable of sustaining a healthful temperature (consistent with normal, year- 3. A separate, well-lighted and ventilated bathroom that; provides user privacy and contains a sink, commode, and al bathtub or shower stall, all in good working order and properly connected.  round climatic conditions),  4. An appropriate, sanitary approved source ofhot and cold potable water, 5. An appropriate, sanitary and approved sewage draining system, 6. Af fully usable sink ini the kitchen, attached to aj potable water source, 7. Adequate space and service connections for a stove and a refrigerator, 8. An unobstructed egress to a safe, open area at ground level,  9. Be free of any barriers which would preclude ingress or egress ift the occupant is  handicapped.  10. Meet the Section 8 Housing Quality Standards,  11. Comply with the lead-based paint requirements of 24 C.F.R. Part 35, and 12. Meet the requirement of the local Existing Housing Code.  Failure to meet any oft these criteria automatically cause a dwelling to be considered  "substandard."  B. Substandard Condition Suitable for Rehabilitation  A dwelling unit is considered substandard ifit does not fully comply with the standard criteria, or has minor defects which require a certain amount or correction but can still provide safe and adequate shelter or has major defects requiring a great deal of correction and will be  safe and adequate once repairs are made.  To be suitable for rehabilitation, a housing specialist must carefully inspect the dwelling and prepare a work write-up of repairs necessary to bring it up to standard condition. A cost estimate of repairs will be prepared based on the needs identified in the work write-up. Ifthese costs are equal to or less than 75% of the value ofa a comparable replacement unit as obtained from more than one. licensed contractor, the dwelling will be considered suitable for rehabilitation. Ifthe predicted cost exceeds 75%, the unit will be deemed unsuitable.    These criteria are arbitrary, however, and the governing body may authorize deviations based on1 the unique aspects ofe each dwelling, owner, tenant, etc. on a case by case basis. Each  deviation sO approved must be thoroughly documented. Displacement Policy and Procedures III. Permanent, Involuntary Displacement  The Town of Sneads will provide reasonable relocation assistance to persons (families, individuals, businesses, nonprofit organizations, or farms) displaced (moved permanently and involuntarily) as a result oft the use of CDBG assistance to acquire or substantially rehabilitate a. Payment for actual moving and relocation expenses documented by receipts and/or vouchers from service providers and utility companies. The documents shall be submitted prior to the  property. Assistance to displaced persons may include:  disbursement ofp payment;  b. Advisory services necessary tol help in relocating;  C. Financial assistance sufficient to enable the displaced person to lease and occupy a suitable, decent, safe and sanitary replacement dwelling where the cost of rent and utilities does not exceed 30 percent oft the household gross income ofa a family earning 80 percent oft the median  income for the jurisdiction.  A. Provisions for One-for-One Replacement  The Town of Sneads will replace all occupied and vacant occupiable low/moderate- income dwelling units demolished or converted to a use other than as low/moderate-income housing as a direct result ofactivities assisted with funds provided under the Housing and Community Development Act of1974, as amended, and as described in 24 CFR Part 570. Replacement owmoderate-income units may include public housing or existing housing  receiving Section 8 project-based assistance.  All replacement housing will be provided within three years oft the commencement oft the demolition or rehabilitation relating to conversion and will meet the following requirements.  1. The units will be located within the local jurisdiction.  2. The units will meet all applicable local housing, building, and zoning ordinances and will be 3. The units will be designed to remain ow/moderate-income dwelling units for at least 10 years 4. The units will be sufficient in size and number (functionally equivalent) to house at least the number of occupants who could have been housed in the units that are demolished or converted.  in standard, or better, condition.  from the date ofinitial occupancy (applies to initial tenant only).    Before obligating or expending CDBG/federal funds that will directly result in such demolition or conversion, the local government will make public and submit to the Florida Department ofEconomic Opportunity and/or the U.S. Department ofHousing and Urban  Development the following information in writing:  1. Ad description of the proposed assisted activity.  2. The general location on an area map: including approximate number of dwelling units by size numberofbedrooms) that will be demolished or converted to a use other 3. A time schedule for commencement and completion of the demolition or conversion. 4. The general location on a service area map and approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement units. 5. Identification ofthe source of funding at the time ofs submittal and the time frame,  than low/moderate-income dwelling units.  location and source for the replacement dwelling unit.  6. The basis for concluding that each replacement dwelling unit will be designed to remain a low/moderate-income dwelling unit for at least 10 years from the date of 7. Information demonstrating that any proposed replacement of a unit with a smaller unit is consistent with the housing needs ofLMI persons ini the jurisdiction. B. Provisions for Relocation Assistance for Residential Displacement  initial occupancy.  The Town of Sneads will provide relocation assistance, as described in 24 CFR Part 570, to each LMI household involuntarily displaced by the demolition ofhousing or by the conversion  ofal LMI dwelling to another use as a direct result of CDBG-assisted activities.  Persons that are relocated are entitled to:  1. Ac choice between actual reasonable moving expenses or a fixed expense and dislocation  allowance, 2. Advisory services,  3. Reimbursement for reasonable and necessary security deposits and credit checks,  4. Interim living costs; and  5. Replacement housing assistance which may include a Section 8 housing voucher/certificate    and referral to assisted units; cash rental assistance to reduce the rent and utility cost or lump sum payment equal to the present value ofrental assistance installments to be used toward purchasing an interest in a housing cooperative or mutual housing association for aj period up to  601 months (5 years).  C. Provisions for Non-Residential Relocation  Businesses, non-profit organizations, farms, etc., shall not be relocated unless the move is voluntary, essential to the project from the public view, and the owner waives his/her rights 1. Actual moving and reasonable reestablishment expenses not less than $1,000 nor more than $20,000 equal to a prorata share for the period ofinterruption of operations oft the average annual net earnings. Average annual net earnings are one half oft the two taxable years immediately prior 2. No other benefits will be provided and a signed waiver acknowledging this fact will be  under the Uniform Act except for the following relocation assistance:  to the taxable year it was displaced.  required.  IV.1 Temporary, Voluntary Displacement and Relocation  A. Persons occupying housing which is tol be rehabilitated using CDBG funds must voluntarily agree to inclusion in the " program and shall vacate the housing at the direction ofthe Town of Sneads (or its CDBG Coordinator), in order to facilitate the safe, timely and economical  rehabilitation process.  B. A moving allowance of $300 will be provided each family unit SO displaced. This allowance will be provided in two payments of$150 each on move out and: move back in. C. The Town of Sneads may provide a safe, decent and sanitary housing unit for use as temporary relocation housing. The unit shall be available free of charge to temporarily displaced households for the time period authorized by the CDBG Coordinator, generally for the period of rehabilitation construction. Households who occupy the unit shall have a $75 refundable deposit withheld from their initial moving allowance payment. This deposit shall be refunded in full immediately after the relocation unit is vacated in a clean and undamaged condition. The deposit refund shall be denied in full ori inj part forj payment of damages to the owner/lessee due to the occupants' (a) failure to properly clean or maintain the unit, (b) physical damage to the unit, (c) loss ofkeys to the unit, or (d) need for any special condition such as fumigation. A $25 per day penalty may also be assessed for the household's failure to properly vacate the relocation unit D. A storage allowance of up to $150 will be provided each family unit displaced ifs storage is E.I Insurance cost of up to $100 for the replacement value of the household property in  when directed to do SO by the CDBG Coordinator.  necessary and essential to the move.    connection with the move will be provided each family unit displaced ifs storage is necessary and  essential to the move.  V. Permanent, Voluntary Displacement and Relocation  Ifit is determined by the Town of Sneads that the occupants ofa dwelling should be permanently relocated, and the occupants voluntarily consent, the government will assist in the relocation to a decent, safe and sanitary dwelling unit. Benefits, ifp provided, will be limited to increases in monthly housing costs incurred by the occupant in an amount equal to the lesser of 601 times the increase or 30 percent oft the person's annual income. 241 Part 570 must be consulted to determine specific limitations. Payment of relocation benefits for housing assistance will be  spread over 60 months (42 months for non-LMI relocatees). VI. Tenant Assistance Policy/Rental Rehabilitation  A. Itis not the Town of Sneads' policy to displace families in rental units. Participating landlords will be required to warrant that the proposed rehabilitation will not cause any tenant to bej permanently displaced unless the owner will be able to relocate the tenant displaçed in accordance with HUD relocation criteria. Rental Rehab funds will not be used to rehabilitate the structures ifthe rehabilitation will cause the displacement ofLMI families. B. Ifit becomes necessary for an owner to move a tenant from a unit as a direct result of rehabilitation assisted through rental rehabilitation funds, the owners will assure that the tenant is offered a decent, safe and sanitary dwelling unit at an affordable rate as described in the applicable regulations. No tenant will be considered displaced ift the owner has offered the tenant a decent, safe, sanitary and affordable unit and the tenant has declined the offer. C. Should displacement become necessary for a LMI family as ai result-ofrental rehabilitation assistance, the owner will assure that tenants are provided the necessary financial assistance, information, counseling, referrals and housing location options regarding Federal Fair Housing rights, and other relocation services as needed without regard to race, color, religion, sex, familial status, age, handicap or national origin, sO as to enable the family to obtain decent, safe D. The Housing Authority at the Town of Sneads shall provide federal preference to any qualified LMI family subject to relocation. Where Section 8 Housing vouchers are available, E. Where required, compensation to obtain replacement housing shall not exceed a reasonable threshold. Should such projected compensation to the tenant exceed this threshold, consideration shall be given to not performing the demolition or rehabilitation which would cause the  and sanitary housing at an affordable rent.  such preference will apply.  displacement.  VII. Displacement of Homeowners    Homeowners will have their homes demolished with CDBG funds only as a voluntary Although homeowners have a right to assistance as previously discussed, CDBG funds available for relocation assistance are limited; therefore, financial assistance shall not exceed that described in accordance with 49 C.F.R. 24.401. and the regulations under U.S. HUD Handbook  action when rehabilitation oft the dwelling is not feasible or cost effective.  1378.  VIII. Appeals/Counseling  A.Ifa claim for assistance is denied by the local governing body, the claimant may appeal to the Florida Department of Economic Opportunity and the decision of the State shall be final unlessa B. Counseling will bej provided to displacees in the areas of household finance, fair housing rights, real estate transactions, and locating and evaluating replacement housing options. Counseling shall be provided by the CDBG Coordinator to permanently displaced households to  court determines the decision was arbitrary and capricious.  ensure that:  No person will be discriminated against based upon age, race, color, religion, sex, handicap, familial status, national origin, or presence of children in the household. Displacees receive information concerning the full range of! housing opportunities within  the local housing market.  PASSED, APPROVED, AND. ADOPTED by the Town Council of the Town of Sneads, Florida  on this 14+h day ofDecember 2021.  TOWN OF SNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY UISFLACEMENT/RELOCATION GRIEVANCE PROCEDURES  I. PURPOSE  The following pages prescribe State requirements governing appeals of certain local  government actions relating to lisplacementrelocation activities.  II. BASIC RIGHTS AND RULES believes that the local government has:  A. Actions which may be appealed. Aj person may file an appeal in any case in which he (1) Failed toj properly determine his or her eligibility for, or the amount of, assistance required under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and implementing regulations or any local policy related to relocation payments. A person' 's acceptance ofaj payment that is less than the full amount he or she claimed does not limit his orl her right to appeal the local government's determination. A person may also appeal the refusal ofthe local government to waive the time for filing a claim or the one-year purchase and (2) Failed toj provide appropriate housing referrals or to properly inspect the replacement dwelling or failed to comply with a requirement that there are available comparable replacement dwellings or safe, decent and sanitary housing, as appropriate, prior to (3) Failed to comply with ai requirement of giving notice of right to continue in B. Order ofappeal. An appeal must be filed with the President of the Town of Sneads Town Council or their designee in accordance with the provisions oft this subpart. Ifaj person is not satisfied with the results oft the local government's determination on his or her appeal, he or she may seek to have his or her appeal reviewed by the Florida Department ofEconomic Opportunity (hereafter referred to as the Department) in accordance with Section IV (Department  occupancy requirement;  requiring displacement; or  occupancy.  Review of Appeals).  C. Joint appeals. Two or more persons may. join ini filing a single appeal if each has D. Right to representation. A person has a right to be represented by legal counsel and to be accompanied by an advisor, attorney, or other representative in any personal appearance in  grounds for an appeal as specified in paragraph A oft this section.  connection with his or her appeal, but solely at his or her own expense.    E. Review of files by person making appeal. The local government shall permit aj person F. Minimum notice to move. Ifa person files a written appeal under paragraph A(2) or A(3)ofthis section, he or she shall not be required to move from the real property until at least 20 days after he or she receives the local government's written determination on his or her appeal, or, ifhe or she submits his or her request to the Department for a review, the written Department determination. The person shall be given at least 20 days advance. notice of the date  toi inspect and copy all files and records pertinent to his or appeal.  by which he or she must move.  G. Laws, rules, and regulations applicable to the CDBG program. In deciding appeals, applicable laws, rules and regulations will be applied in a manner that best fulfills the objective ofproviding "fair and equitable treatment" SO that displaced persons do "not suffer disproportionate injuries as a result ofprograms designed for the benefit of the public asa  whole."  III. APPEAL TO: LOCAL GOVERNMENT  A. Timing fori initiating appeal to local government. Unless waived by the local government or the Department, an appeal to the local government (either oral or written appeal)  shall be filed as follows:  (1) An appeal concerning eligibility for, or the amount of, aj payment shall be filed within 6n months after the local government's notification to the person ofits determination on the claim. An appeal of the local government': 'si refusal to waive the time limit for filing a claim or its refusal to waive the on-year purchase and occupancy requirement (2) An appeal alleging failure to provide appropriate housing referrals or toj properly inspect the replacement dwelling or failure to comply with availability of comparable replacement dwellings or safe, decent, and sanitary housing guidelines prior to displacement shall be filed not later than 6 months after the person's displacement; (3) An appeal alleging failure oft the local government to comply with notice of right to continue in occupancy, shall be filed not later than 61 months after (a) the person's permanent move from the real property, or (b) the end of the 4-year occupancy B. Oral appeal tol local government. Ifaj person, orally or in writing, asks to make an oral appeal to the local government, the local government shall give him or her the opportunity toj present his or her appeal orally to an appropriate local government official within 15 days. The local government shall prepare a summary oft the matters discussed in the oral presentation and include it as a part ofi its case file. Ifthe local government does not grant the full relief requested by the person, it shall promptly notify him orl her to that effect, in writing (certified mail, return receipt requested) with a copy to the Department. The notification shall indicate that  shall be filed within 30 days after such refusal;  and  period, whichever occurs first.    the person has ai right to file a written appeal under this Section. Aj person's request for an oral presentation shall not entitle him or her to any postponement of displacement.  C. Request for review of written appeal. Aj person may file a written appeal to thel local government, whether or not he or she has made aj prior oral presentation. The appeal may include any related statement of fact or other material. Ifnecessary, the applicable time limit for filing an appeal shall be extended to assure that the person has at least 30 days after receiving notification oft the decision on his or her oral appeal in which to file a written appeal.  D. Scope ofreview of written appeal. The local government shall consider a person's written appeal, regardless ofform. In deciding the appeal, the local government shall consider: (1) All applicable laws, rules, regulations, and any other state or federal requirements; (2) All pertinent justification and written material submitted by the person making the (3) All material upon which the local government based the determination(s) being appealed and any other available information that is needed to insure a fair and full review of the appeal. However, the local government must ensure that the person making the appeal has had reasonable opportunity to review any such materials and information on which an adverse ruling on the appeal may be based. E.I Determination and notification after written appeal. Within 30 days after receipt of all information submitted by aj person in support ofh his or her appeal, the local government shall make its written determination on the appeal and furnish the person with a copy by certified mail, return receipt requested. The written determination shall include, at a minimum:  appeal; and  (1) The local government's decision upon review of the appeal; (2) The factual and legal basis upon which the decision is based;  (3) Ifany payment or other relief to the person is granted, a brief statement on how this (4) Ifthe full relietrequested is not granted, a statement ofthe person's right to appeal to the Department within 30 days and the address of the appropriate office. F. Request for additional time. Ifaj person makes ai reasonable request for additional time to gather and prepare information for a written appeal, he or she must be granted  will be provided; and  areasonable amount of additional time.  G. Assistance to person making appeal. Ifaj person is unable to prepare a written appeal, the local government shall offer him or her appropriate assistance and notify him or her  ofother available sources of assistance.    H. Recommendation by third party. A person making an appeal and the local government may, by mutual agreement, arrange for ai third party to review the appeal and make recommendations to the local government for its final determination. The agreement may provide for an extension oft the 30-day time limit for local government review. In reviewing the claim and making recommendations, the third party shall comply with the provisions of paragraph (D) ofthis section. After receiving the recommendation, the local government shall  comply with the requirements of paragraph (E) oft this section.  I.L Local government official tol hear appeal. The local government official hearing an oral appeal or conducting the review of a written appeal shall be either the President ofthe Town of Sneads Town Council orl his authorized designee other than an official directly involved in the  action appealed or a subordinate to such an official. IV.DEPARTMENT REVIEW OF APPEAL  A. Request for Department review. Ifaj person is not satisfied with the local government's determination on his appeal, he or she may request that the Department review the local government's determination. The request must be sent to the Chief, Bureau of Community Assistance, Division ofHousing and Community Development, Department ofEconomic Opportunity, 107 East Madison Street, Tallahassee, Florida 32399-6508 within 30 days after the person received the local government's decision. The person must also furnish the local  government with a copy of their request for Department review.  B. Determination and notification by the Department. The Department may elect to assign staff to review or participate in the review. The Department, upon receipt oft the request to review the decision and within 14 days after receipt of the materials, described in Section C below, shall make its written determination and shall furnish a copy to the local government and the person requesting the review. The Department's determination shall  include, but need not bel limited to:  (1) The Department's finding after review;  (2) The factual and legal basis upon which the finding is based, including any pertinent (3)I Ifany payment or other relief for the person is recommended, the Department will provide appropriate directions to the local government on how this is to be provided. C. Submission oflocal government agency's file. Within 5 days after receiving a copy ofaj person's appeal to the Department, the local government shall submit to the Department a V. LOCAL GOVERNMENT DISMISSAL OF APPEAL NOT BASED ON MERITS. General. Ifthe local government dismisses an appeal as being late, or premature, or because ofany other reason not based on the merits ofthe issues involved, it shall notify the  explanation; and  complete copy ofits case file on the appeal.    person in writing, with a copy to the Department, ofits reasons for the dismissal. The notification shall be sent to the person within 10 days, certified mail (return receipt requested), after he or she files the appeal and shall indicate that he or she shall have 30 days to seek the  Department review of the dismissal per Section IV above.  VI.JUDICIAL REVIEW  Nothing in this subpart shall in any way preclude or limit a person from seeking. judicial  review ofh his or her appeal on its merits or seeking any other legal remedy available.    TOWN OF SNEADS  SECTION3. AND AFFIRMATIVE. ACTION POLICY  The Town of Sneads is committed to eliminating discrimination based on race, color, religion, sex, national origin, age, or physical handicap. This local government will comply with requirements of Section 3 (Use of Small Project Area), the Equal Employment Opportunity Act of1978 (In-House Equal Employment Opportunity), Executive Order 11246 -as amended by Executive Order 11375- (Equal Employment Opportunity on Federally Assisted Construction Notice oft the policy will be placed in plain sight on job location(s) for the benefit ofinterested parties and all contractors and subcontractors will be notified. All Equal Opportunity posters will  Contracts), and Executive Order 11625 (Minority Entrepreneurship).  be displayed as required.  MPLEMENTATION  The Human Resource Director is appointed as Equal Opportunity Officer. Duties include coordinating local efforts in recruiting employees, resolving complaints, and submitting required  reports. The Purchasing Director in responsible for soliciting bids.  IN-HOUSE PROGRAM UNDER SECTION3  EMPLOYMENT  This local government will encourage the employment ofl local residents, especially those who have a low to moderate income, and those who are female and/or ofar minority racial/ethnic classification. This will be accomplished through the following procedures:  1) Current employees willl be encouraged to improve their job kills and qualification through training and education. Such improvements are to be considered for employee 2) All employment opportunities will be publicly advertised, including the equal opportunity employer designation. Thisi is toj provide an adequate opportunity for qualified individuals to apply for employment and to assure an adequate pool of qualified  promotion.  applicants from which to hire.  3) When appropriate, notification of employment opportunities will be issued to organizations such as. local schools, employment services, minority organizations, and social service agencies who may refer qualified individuals for employment  consideration.    4) Recruitment practices, including those described inj paragraphs 2 and 3, will be conducted in an effort to include qualified minorities and females in all levels of responsibility and departments of government in relation to the population and/or available workforce. 5) When applicants are equally qualified preference will be given tol hiring minorities and  females in furtherance oft the goal expressed inj paragraph 4.  PROCUREMENT OF GOODS AND SERVICES  This local government will encourage the utilization of minority and female-owned and small 1) Quotes for small purchases will be solicited from local businesses when the required 2) Lists ofl local minority and female-owned businesses will be maintained for use: in soliciting quotes and bids. Other directories of minority and female-owned businesses will be utilized in seeking bids when local competition isi inadequate. 3) Requests for bids and proposals for services or goods will be advertised, although it may also be necessary to advertise some projects over a broader geographic area in order to 4) Where applicable, Federal Section 3 and Affirmative Action language will be included in 5) Contractors will be informed of Section 3 and Affirmative Action requirements and The local government hereby establishes the following goals for minority and female hiring and The Town of Sneads shall include requirements for M/WBE outreach in its CDBG procurement of goods and services SO as to meet statutory requirements for minority and female participation. Contractors shall be required to include a list ofsubcontractors that were contacted for major activities ofwork and meet the criteria for M/WBE certification. Lists such as the State of Florida Office of Diversity's Minority and Women Business list shall be used as the County's list. Other lists, such as those published by the University of Georgia Small Business Development Center Network and/or the Alabama Department of Economic and Community Affairs Office of] Minority Business Enterprise, may also be used with Town of Sneads' proximity to the states of Georgia and Alabama. The Town shall also send information pertaining toj procurement opportunities to the Small Business Administration Regional Office SO that the office may also forward procurement opportunities to the database of SBE/DBEMIWBE  businesses. This will be accomplished through the following procedures:  goods and/or services can be obtained economically.  obtain adequate competition.  contracts and requests for bids. See Attachment A.  required to ensure compliance.  participation in contracted services: Minority - 29.5% Female- - 6.9%  vendors statewide.    PASSED, APPROVED, AND ADOPTED by the Town Council oft the Town of Sneads, Florida  on1 this 14th day of] December 2021.  TOWN OF SNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    ATTACHMENT, A FEDERAL FUNDS CLAUSES  FOR  AFFIRMATIVE CONTRACTING AND SUBCONTRACTING  Anticipated contracts involving Federal funds to be awarded and to be bid include but are: not  limited to the following funding programs: The Community Development Block Grant Program  All bids and contracts involving Federal funds will contain the required Section 3 language as A. The work to bej performed under this contract is on a project assisted under aj program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 oft the Housing and Urban Development Act of 1968, as amended, 12U.S.C. 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents oft the local government and contracts for work in connection with the project be awarded tol business concerns which are located in or owned in substantial part  follows:  by persons residing within the corporate limits.  B. The parties to this contract will comply with the provisions of Section 3 and the regulations issued pursuant thereto by the Secretary oft the Department ofHousing and Urban Development set forth in 24 CFR and all applicable rules and orders oft the Department issued thereunder prior to the execution ofthis contract. The parties to this contract certify and agree that they are under no contractual or other disability which C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, ifany, anotice advising said labor organization or workers' representative of the contractor's commitments under this Section 3 clause and shall post copies oft the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor isi in violation of regulations issued by the Secretary oft the Department of Housing and Urban Development under 24 CFR. The contractor will not  would prevent them from complying with these requirements.    subcontract with any subcontractor where it has notice orl knowledge that the latter has been found in violation of regulations under 24 CFR and will not enter into any subcontract unless the subcontractor has first complied with the requirements of these E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders ofthe Department issued thereunder prior to the execution of the contract shall be a condition oft the Federal financial assistance provided to the project and is binding upon the applicant or recipient, its contractors and subcontractors, and its successors, and assigns those sanctions 1)specified by the grant agreement, loan agreement, or contract through which Federal assistance is provided and/or 2) specified  regulations.  by 24 CFR Part 135.  The State Business Registry will be used to the extent possible to fill subcontracting needs. Businesses within the corporate limits will be sought out and informed of their need to be on  the Business Registry.  Further:  1) Each contractor shall be informed oft the affirmative action requirements and ensure 2) All required reports will be submitted on time and all contractors and subcontractors will 3) The prime contractor will assume responsibility for submission ofboth the prime contract 4) Thes subcontractor's Affirmative Action Plan should be reviewed for adequacy by the prime contractor evidenced in writing prior to submitting for approval. 5) The prime contractor and subcontractor shall set forth a method for the review of 6) Workforce recruitment methods shall comply with the goals ofthe Section 3 clause regarding Equal Opportunity and notice oft this policy will be placed in plain view on the 7) The prime contractor will specify all subcontractors indicating anticipated dollar amounts and set forth goals and objectives, and where feasible award subcontractors to local small and disadvantaged businesses. The prime contractor and subcontractors will, to the maximum extent feasible, notify qualified local businesses of all pending contracts and/or  compliance.  submit required reports as needed.  and subcontract Affirmative Action Plans.  workforce needs, goals, and recruitment methods.  job location for the benefit of all interested parties.  subcontracts.    8) The prime contractor and subcontractors shall determine the approximate manpower needs on the basis of crafts needed for completion of various projects and through special outreach efforts make these needs known toj public and private recruitment services and, to the maximum extent feasible, use lower income residents as trainees and workers (if 9) All personnel actions on the part of the prime contractor and subcontractor shall bei made on ai non-discriminatory basis without regard to race, color, religion, sex, or national origin. The racial demographics oft the total workforce will, to the maximum extent  qualified) to complete various projects.  possible, reflect the local racial demographics.  Remainder ofpage intentionally left blank.    TOWN OF SNEADS, FLORIDA CITIZENS PARTICIPATION PLAN COMPLAINT PROCEDURE  &  In order to provide citizens with information concerning the proposed Community Development Block Grant (CDBG) program before an application is submitted, the Town of Sneads shall:  a. b.  Make available to the public, in a reasonable and timely manner, information concerning the amounts ofi funds available for the various activities and the range of activities that may be undertaken. Provide citizens with adequate notice of public hearings, which are to be held at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped. Public hearings will be announced in aj public notice a minimum five (5) days but not more than twenty days prior to the scheduled hearing. Ifa substantial number ofnon-English speaking residents could reasonably be expected to attend aj public hearing, an interpreter will be provided for the language expected to be represented. To ensure accessibility, hearings will be held at locations that are ADA  accessible. C.  Ifany party representing low to moderate income persons requests assistance for developing a proposal for the CDBG project, the governing body shall determine the eligibility of the proposed activity. Ifthe potential project is eligible for funding, thej party's idea will be discussed at the first public Hearing in the CDBG application amendment stage. Information is available from the State regarding the  application process. d. needs. e.  Hold at least one public hearing to obtain the views oft the citizens on community development A Citizens Advisory Task Force (CATF) composed of citizens living within thej jurisdiction of the town shall be established toj provide input relative to all phases of the project. Residents ofl low to moderate income neighborhoods shall be included on the CATF. At least 51% oft the CATF members shall be from Low to moderate income households. The CATF members shall be appointed by the The CATF shall meet at its discretion and will offer recommendations as it deems appropriate.  governing body and may be reappointed as a standing committee.  f. g.  Develop and publish a summary or draft oft the proposed application that will be provided citizens Consider any comments and views expressed by citizens on the proposed application and if  with an opportunity to examine its contents and submit their comments.  appropriate, modify the proposed application.    h. i. J.  Hold at least one public hearing to obtain the views of citizens on the final application, prior toi its Hold at least one public hearing during the grant implementation process to review the program performance. This may be combined with the public hearing on amendments ifany hearings are required, Provide for at timely written answer to written grievances and complaints, within fifteen (15) working days where applicable. All inquiries concerning the CDBG program will be promptly answered either by telephone, personal contact or in writing. All written inquiries will be answered in writing by a local government representative. The response period shall not exceed fifteen (15) working days from  submission to the grant agency.  receipt ofthe written complaint.  k.  Complaints and grievances should be handled as follows:  Any person who feels that he/she has been discriminated against because of race, color, religion, sex national origin, age, or physical handicap, or has a complaint concerning quality ofworkmanship should contact the responsible local government CDBG administrator. All complaints should be filed within forty-five (45) days of the alleged unlawful practice. The appropriate party will conduct a fair and Ift the complainant is still not satisfied, he/she may file a request for al hearing before the Town Council. This request for hearing must be made within 15 days of receipt ofi findings from the CDBG program Ifthe complainant is still not satisfied following the hearing, he/she may appeal the local determination/decision by filing a written complaint with thel Florida Department of Economic  impartial review. Proper notification will be provided to the complainant.  administrator. Requests for hearings are made through the Town Clerk.  Opportunity.  Nothing in the aforementioned procedures shall prohibit aj person from filing a complaint directly to the U.S. Department of Housing and Urban Development, clo Fair Housing and Equal Opportunity Division or the Florida Department of Economic Opportunity, Tallahassee, Florida. Housing discrimination complaints or questions may also be filed by calling HUD Jacksonville Region 904-232-2677, NWI FL Regional Office 850-263-5303, ort the Housing Discrimination Hotline at 1-800-669-9777.  Approved this 14th day of December 2021.  ATTEST  TOWN OF SNEADS  Sherri Griffin Town Clerk  Mike Weeks Town Council President    TOWN OF SNEADS  COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: PURCHASING POLICY  INCLUDING THE 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 of sound procurement practices. All Town staff and other persons (subgrantees or contractors) with designated responsibility for the administration ofCDBG 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; 2CFR.200317-326; 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 Community Development Block Grant Program  solicited or entered into after the effective date oft this Policy.  III. PURCHASING DIRECTOR  The CDBG Agency PURCHASING OFFICER shall serve as the central purchasing officer (the "Purchasing Officer") of 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 bei made subject to the provisions oft the appropriate  Section according to the following threshold amounts:  1. Small Purchases (Section IV,B). 2. Purchasing Quotes (Section IV,C).  .$1to$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 ofcommodities, 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 ofthe 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 2. Invitation to Bid. Under Section 255.0525(2), F.S. and Rule 73C-23.0052102)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-AgyRegon as well as a nearby federal Office ofManagement 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 to bid for construction projects that are projected to cost more than $500,000 shall be 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 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 by alternate An Invitation to Bid shall be 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 of bids, a vendor shall make a written request to the. Agency for interpretations or corrections ofa 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 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 behalf oft the Commission. Also, only communications from firms ori individuals which are in writing and signed will be recognized by  sealed bidding.  vendors and contractors on the Agency's MBE/WBE solicitation list.  procedure, the procurement will be invalid.  the Commission as duly authorized expressions on behalf of 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 twelve (12) working days prior to bid opening or in accordance with the: requirements above in D2, as appropriate. Notice of the Invitation to Bid shall give date, time, and place set  the Special Conditions oft the bid specifications.    forth for the submittal of proposals and opening bids.  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 tol 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 toj public 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 a 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 ini the Invitation to Bid, in regulations, or in this Policy. 6. Bid Agenda Item. Afterevaluation, the Purchasing Officer will prepare ai 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 on 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 of the mistake, and the bid price actually intended. After bid opening, no changes in the bid price or other provisions of bids prejudicial to the interest oft the Agency or fair competition shall be permitted. In lieu oft bid correction, al low bidder alleging ai material mistake of fact may be  inspection.  and shall place the item on the agenda ofthe Agency Commission.  permitted to withdraw his bid if:  a)  the mistake is clearly evident on the face ofthe 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  correct bid is not similarly evident; or  written determination made by the Purchasing Officer.  8. Multi-Step Sealed Bidding. When it is considered impractical to initially prepare a 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  first solicitation.    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 in 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 ofcontractual 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. 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  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 in 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 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 a violation of any federal or state anti-trust law based on the submission of bids or proposals, or the awarding of contracts. f) Clear and convincing evidence that the vendor has attempted to give a Agency employee a gratuity of any kind for the purpose ofinfluencing ai recommendation or decision in connection with any part ofthe Agency's purchasing activity. g) Failure to execute a Public Entity Crimes Statement as required by Florida  (18)month period. business description.  Failure to perform according to contract provisions.  business.  Statutes 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 ofthe 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 tol be awarded by competitive sealed proposals will be awarded 1.P Professional Architectural. Engineering, Landscape Architectural, and Land Surveying  according to the provisions of Section IV,E2.  Services a)  Public Announcement. Itis the policy of 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 of such services, the Agency may require firms to submit a statement ofq qualifications, 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 the Agency written project requirements indicating the nature and scope oft the professional services needed, including but not limited to the following;  a) b) c) d) e) f) g)  the general purpose oft the services or study; the objectives oft the study or services;  estimated period oft time needed for the services or the study;  the estimated cost of the service or study;  whether the proposed study or service would or would not duplicate any prior or list of current contracts or prior services or studies which are: related to the the desired qualifications, listed in order ofimportance, oft the person or firm applicable to the scope and nature oft the services requested.  existing study or services; proposed study or service; and  (2) Distribution of Project Requirements. The Purchasing Officer shall distribute the written project requirements as approved by the Agency Commission to all persons on1 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 of the relative importance of each of the 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 oft the date and time when such indications ofinterest are due. This date shall not be less than twelve (12) calendar days from the date of public notice which the Purchasing Officer shall publish in at least one daily newspaper ofg general circulation where the project is located and in ai nearby federal Office of 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 considered. However, ifthree responsible and responsive bids or proposals are: not  received, the procurement will bei 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 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 of the Commission.  (1) Three Member Committee Composition. Membership ofa three-member selection committee shall be appointed by the Council President or his/her designee. committee shall be appointed by the Council President or his/her designee.  (2) Five Member Committee Composition.  Membership of a five-member selection  (3) Selection Committee Evaluation. Only written responses ofs statements ofqualifications, 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 tol 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 in 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 be best qualified to perform the work required.  Committee to be qualified, interested and available; and  (4) Shortlisting. Ifc determined 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 ofthe 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 three 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 ini the kind ofproject to be undertaken, availability of adequate personnel, equipment and facilities, the extent ofrepeat business oft the persons, and where applicable, the relationship ofconstruction costs estimates by thej 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, 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 oft the list. The list ofbest 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 ift the selection committee deems that a respondent meets all criteria for negotiation, and in the best interest of 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 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 toj 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 of the services tol be rendered.  (2) As aj part of the negotiation, the Purchasing Officer or the Negotiation Committee shall conduct a cost analysis, including evaluation ofp 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 the procurement of professional architectural, engineering, landscape architectural, and land surveying services, 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 Public Notice. Adequate public notice oft 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.  will be awarded according to the provisions oft this section.  b)  provisions of Section IV-E-1.  by the Town of Sneads prior to solicitation.  d)    e)  Evaluation Factors. The Request for Proposals shall state the relative importance ofcriteria outlined ini the scope ofs services, fee proposal, and other evaluation. f) 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 for 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 ofbeing 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 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 bei no disclosure of any information derived from proposals submitted by competing offerers. The Purchasing Officer shall prepare a written summary oft the proposals and make written recommendation of award to the Agency Commission. As aj part of the recommendation, the Purchasing Officer shall conduct a cost analysis, including evaluation of profit, based on a cost breakout 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  opening or submission.  g)  by the firm ofits proposed 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 oft the Clerk ofCourts, 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 be placed on the agenda for Commission approval and clarification that the vendor has been determined to be as 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 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 ofthe Agency would be served thereby, and the same isi in accordance with this Policy and with the Agency,  Federal and State Law.  H. BID PROTEST  1.Right to 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 ofCourts prior toj 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 of bid tabulation or after receipt oft the notice ofintended decision and after he/she filed the notice of protest, Failure to file ai 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 oft the Purchasing Officer.  file a formal written protest within 10 calendar days  a)  The notice of protest shall contain at a minimum: the name ofthe 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  brief factual summary oft the basis of thej 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 of such authorities to The protestant shall mail a copy oft the notice of protest and the formal written  such grounds.  c)  protest to any person with whom he/she is in dispute.  3. Settlement and Resolution. The Purchasing Officer shall, within 14 days oft 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 of the proceedings provided herein.  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) 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  issues raised.  (3) In the proceeding, the protestant, or his/her representative or counsel, may make an oral presentation of his evidence and arguments. However, neither direct nor cross examination of witnesses shall be permitted, although the presiding officer may make whatever inquiries he/she deems pertinent toa (4) The judicial rules ofevidence 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 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 stenographically recorded and shall bear the  also  determination of the protest.  prudent persons rely in the conduct of their affairs.  Commission.  expense ofsuch recording.  b) c)  Intervener. The participation ofinterveners shall be governed by the terms of 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 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  the order issued ini response to aj petition toi intervene.  proposal.  d)  attorney's fees.  5.S 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 ofthe 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 ofthe Agency.  I.  CONTRACTCLAIMS  1.Authority ofthe Purchasing Officer to Settle Bid Protests and Contract Claims. The Purchasing Officer is authorized to settle any protest regarding the solicitation or award ofa Agency contract, or any claim arising out of the performance of a 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 of the Agency Commission.    2. Decision oft the Purchasing Officer. All claims by a contractor against the Agency relating 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 of contract, mistake, misrepresentation, or other cause for contract 3. Notice to the Contractor oft the Purchasing Officers Decision. The decision of the Purchasing Officer shall be promptly issued in writing, and shall bei 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 ofthis section. 4.1 Finality of the 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 of receipt ofthe decision, the contractor files ai notice of appeal with the Agency 5.1 Failure tol 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.  toa contract, except bid protests, shall be submitted in writing to the  modification or rescission.  Commission.  J.  REMEDIES FOR SOLICITATION OR AWARDS IN VIOLATION OF LAW  1. Prior to Bid Opening or Closing Date for Receipt of] Proposals. Ifj prior to the 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  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 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 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 ofapplicable law  Agency  award shall be canceled.  or ordinance, 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 isi in the (2) the contract may be terminated, and the person awarded the contract shall be compensated for  best interest oft the Agency; or    actual costs reasonably incurred under the contract plus  ai reasonable 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 is in the best interest oft the Agency.  V. CONTRACT ADMINISTRATION  A. CONTRACT PROVISIONS  1.S Standard Contract Clauses and Their Modification.  a) b)  The Agency after consultation with the Agency Attorney, may establish standard However, the Purchasing Officer may, upon consultation with the Agency  contract clauses for use in Agency contracts.  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 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) b) c)  the unilateral right of the Agency to order, in writing, changes in the work within 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 of the contract;  quantities; d) defective pricing;  e) f) g) h) i) j)  time of performance and liquidated damages; specified excuses for delay or nonpertormance; termination of the contract for default;  termination of the contract in whole or in part for the convenience of 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 includedi ina 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 ofdiffering site conditions;  k) I)  value engineering proposals;  remedies;  m) access to records/retention records; environmental compliance; and prohibition against contingency fees;  n) o) p)  insurance to bej provided by contractor covering employee property damage, liability and other claims, with requirements of certificates ofinsurance any  cancellation clauses;  @ r)  bonding requirements as set by the Agency Commission;  causes of and authorization for suspension of contract for improper contractor  activity. PRICE. ADJUSTMENTS  B.  1.N Method of Price Adjustment. Adjustments in price during the term ofa contract shall be computed in one or more ofthe following ways upon approval by the Agency:  a) b)  by agreement on a fixed price adjustment before adjustment before commencement of the pertinent performance or as soon thereafter as 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 of profit or fee, all as specified in the contract or subsequently  practicable;  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  ofthis section.    2. Costs or Pricing Data Required. A contractor shall be required to submit cost or pricing data ifany adjustment in contract price is subject to the provisions oft this section. 1.Change orders and contract amendments, which provide for the alteration oft the provisions ofa 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  C. CHANGE ORDERS/CONTRACT AMENDMENTS  ofthe change or amendment. level ofapproval.  D. ASSIGNMENTS OF CONTRACTS  No agreement made pursuant to any section oft this Policy shall be assigned or sublet as a whole ori inj part without the written consent ofthe 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.  RIGHTTO INSPECT PLANT  The Agency may, as its discretion, inspect the part of the plant or place oft business ofa contractor or any subcontractor which is related to the performances of any 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 ofa 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 in 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 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 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    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 prep_9f  satisfying the Agency needs and shall not be unduly restrictive. for the Agency by architects, engineers, designers, and draftsmen.  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 oft the. Agency requirements makes use ofa brand name equivalent specifications suitable for the procurement; or d) use oft brand name or equivalent specification is in the Agency's best interest. 2. 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. Required Characteristics. The brand name or equivalent specifications shall include a description of the particular design, functional, or performance characteristics required. 4. Nonrestrictive Use of Brand Name or Equivalent Specifications. Where a brand name or equivalent specification is used in a solicitation, the solicitation shall contain explanatory language that the use ofa brand name is for the purpose of describing the standard ofc 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 pre-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 ini the 6. Specifications 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  including al brand name specification;  may be considered for award.  solicitation.  only.  C.BRANDI NAME SPECIFICATIONS  1. Use of Brand Name Specifications. Since the use of a brand name specification is restrictive of product competition, it may be used only when the Purchasing Director makes a determination  that only the identified brand name item will satisfy the. Agency needs.    2. Competition. The Purchasing Director shall seek to 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  procurement shall be made under section IV-F, Sole Source Purchases.  IX. ETHICS IN PUBLIC CONTRACTING  A. Criminal Penalties. To the extent that violations oft the ethical standards of conduct set forth in this section constitute violations oft the State Criminal Code they shall bj punishable as provided therein. Such penalties shall be in addition to civil sanctions set forth in this part.  B. Employee Conflict ofInterest.  1.E Participation. It shall be unethical for any Agency employee, officer, or agent to participate directly or indirectly in a procurement or administration of a 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, ori 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 ofhis family who holds a financial interest in a disclosed blind trust shall not be deemed tol have a conflictofinterest with  regard to matters pertaining to that financial interest. C.C Contemporaneous Employment Prohibited. contracting with Town of Sneads. D. Use ofConfidential Information.  1.Its shall be unethical for any Agency employee who is participating directly ori indirectly in the procurement process to become or to be, while an Agency employee, the employee ofany person  1.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 offer of employment in connection with the decision, approval, disapproval, recommendation, or preparation ofa any part of a program requirement or a purchase request,  E. Gratuities and Kickbacks.    influencing the content of any specification or procurement standard rendering ofa 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  subcontract, or to any solicitation or proposal therefore.  2. Kickbacks. It shall be unethical for any payment, gratuity, or offer ofe 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  subcontract or order.  3. Contract Clause. The prohibition against gratuities and kickbacks prescribed in this Section  shall be conspicuously set forth in every contract and solicitation.  F. Sanctions.  1.1 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 ofe 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 oft 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. Recovery of Value Transferred or Received In Breach ofEthical 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 be recovered from 2.1 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 thereofwas included in the price of 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. FEDERAL POLICYI NOTICE  X.  A. Patents. Ifacontract involving research and development, experimental, or demonstration work is being funded in whole ori inj part by assistance from a federal agency, then the contract    shall include the following provisions:  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 ori inventions arising out oft the contract. Notice By Contractor. The contract shall require the contractor to include a similar provision in all subcontracts involving research and development,  b)  experimental, or demonstration work.  B. Notice ofFederal 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) b) c) d) e) f)  equal employment opportunity; affirmative action; fair labor standards; energy conservation; 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 ini the contract provisions the requirement that the contractor gives similar notice to  all ofits subcontractors. XI. PAYMENTTO 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 oft 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 ofthe Agency Commission are responsible  fori implementing this program. B. Policy Statement.  1.Iti is 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 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 a base for this program is not limited to those items only. This evaluation is the main factor in building a realistic program with attainable 2.. All department and divisions under thej 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. This isi 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 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.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 OfMBE/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 a 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 of 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 bej presented, along with other types  efforts to utilize MBE/WBEs.    oftechnical assistance.  (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 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)T The Prime Contractor attempts to utilize MBE/WBE firms during the project must be documented as part oft 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  along with any special instructions on how to pursue bids.  bid, and al list ofMBE/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 of work and submit a completed "Intent to Perform" sheet containing information and documentation obtained from each MBE/WBES. A contractor 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 to 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 ai non-availability or refusal to participate and will request waiver OfMBE/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  b)  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)    approval and are contingent on contractor documentation of MBE/WBE involvement ini the change requested and documentation of cause for these  changes.  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) b)  All joint ventures between minority and non-minority contractors must meet the The use by MBE/WBEs or prime contractors of "minority fronts" or other fraudulent practices which subvert the true meaning and spirit of the Minority Business Enterprise Program will not be tolerated and may result in termination of  joint venture" definition included in the policy.  participation.  c) Ajoint venture consisting of minority and non-minority business enterprise wi!V be credited with MBE/WBE participation on the basis of the percentage ofthe 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 ofthis Policy on MBE/WBE specifications in the contract(s). Such liquidated damage provisions shall be in a form approved by the  d)  Commission.  E. Fulfilling MBE/WBE Participation Requirements.  For the purpose of this Policy, a general contractor may utilize the services ofa a MBE/WBE subcontractor, manufacturer, and/or supplier in estimating and satisfying the scope of work, 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 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 of aj particular    project.  XIV. WAIVER OF BID BOND REQUIREMENTS determined to be in the best interest of the Agency.  The Commission may at its discretion, waive any oft the requirements of this Section when iti  XV. BIDLIST 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 staffr may remove firms from the bid list for any oft the following reasons: 1.c consistent failure to respond tol bid invitations (three (3) consecutive instances) within the last  eighteen-month period; or  2.1 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 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 ofinfluencing a recommendation or decision in connection with any part oft 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 will be maintained reflecting participation ofl local minority and women owned  on the status of the Minority Business Enterprise Program.  businesses and shall be reported. XVII. SEVERABILITY CLAUSE valid and full force and effect.  Each separate provision oft this program is deemed independent of all other provisions herein sO that if any provision or provisions be declared invalid, all other provisions hereof shall remain    PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Sneads, Florida  on this 14th day of December 2021.  TOWN OF SNEADS  Mike Weeks Town Council President  ATTEST  Sherri Griffin Town Clerk    SERVICES AND PERFORMANCE. AGREEMENT  THIS Services and Performance Agreement ("Agreement") is entered into November 15th, 2021, between Sunrise Consulting Group ("SCG"), of 5957 Riviera Lane, New Port Richey Florida, 34655 and the Town of Sneads, a political subdivision oft the State of Florida ("Town"),  of2028 3rd Ave, Sneads, FL 32460. ACCORDINGLY, the parties agree:  1.  Engagement Period. The Town shall engage SCG as a "consultant" for a period of 12 months (the Engagement Period"). This Agreement will commence January 16th, 2021 Performance of Duties. SCG's duties will include, but are not limited to, the following: a) Disaster Rehabilitation Representation for City Facilities: SCG shall represent the Townl before the Florida. Legislature, Executive Branch, Departments, and: stafftoassist the Town in receiving the support and resources needed for post disaster recovery to b) Updates and Reporting: SCG will provide updates concerning meetings, c) Communication: SCG will be available to meet with the administrative team and staff. SCG may use email, telephone or in person meetings to communicate with the Town. SCG may ask tos schedule ac conference call asi information becomes available, ori issues develop that impact the priorities ofThe Town. SCG shall communicate immediately d) Required Registration: The Town shall complete all forms necessary to comply with Executive and Legislative Representation Registrations requirements under Florida Law that may arise because ofSCG's representation during thet term ofthis Agreement or after its Termination should reporting periods overlap. SCG shall register all meetings and legislation lobbied in accordance with Florida House of] Representatives Compensation. SCG shall receive the following during the Engagement Period: a) Retainer: SCG will be paid $30,000.00 for the duration of this contract, to be paid in b) Payment: SCG shall send an invoice on the first business day ofe each month. Payment shall be made by Town no later than forty-five (45) days upon receipt. All payments shall be remitted to Sunrise Consulting Group Town 5957 Riviera Lane, New Port Richey, Florida 34655. All invoicing and payment terms will be governed by the  and expire on January 16th,2022.  2.  municipal facilities.  communications, or actions taken on behalfofThe Town.  when important information becomes available.  Rule 17.  3.  12n monthly installments of $2,500.00 USD.  (    applicable provisions of Part VII of Chapter 218, Florida Statutes, (the "Local c) Monthly Costs: Additional Costs directly attributable to the performance oft this work may be billed in addition to the retainer. These costs may include required registration fees, and other expenses incurred on behalfofthe Town. Noi monthly costs ina aggregate exceeding $100.00: may bei incurred or deemed tol be due and owing without the' Town's d) Either party may terminate this contract, the party seeking to terminate this contract must give written notice to the other party 30 days prior to the day of cancellation. Representations and Warranties. SCG represents and warrants the following: a) Conflict with Other Clients.: SCG shall not retain a client during our engagement period when that client will create a conflict with The Town. At the execution of this Agreement, SCG Warrants that it does not have any clients that conflict with the b) Compliance with] Law: SCG shall always comply with applicable laws and regulations, including, but not limited to, laws related to required registration and disclosure and Confidentiality. During and after the Engagement Period, () SCG may not divulge, directly or indirectly, any secret or confidential information or knowledge pertaining to the business of The Town, ori its subsidiaries, obtained by SCG while engaged by The Town and (ii) shall use such information or knowledge solely fort the representation ofThe Town Modification. No provision of this Agreement may be modified, amended, waived, or discharged unless such amendment or waiver, modification, or discharge is agreed to in Parties may renegotiate the terms of SCG's engagement at any time, but changes must be Assignment. No party may assign its rights without the written consent ofthe other party, provided that Town may assign this Agreement to any successor of the Town's business, or assets. The non-assigning party will not unreasonably withhold consent. Delegation. No party may delegate its performance without the written consent of the  Government Prompt Payment Act").  prior approval.  4.  interests ofThe Town. anti-corruption.  5.  in SCG's performance of services under this Agreement.  6.  writing by both parties.  in writing, attached to the Agreement, and signed by both parties.  7.  8.  other party.  11. Venue and. Jurisdiction. This Agreement shall be interpreted and construed in accordance with and governed by the laws oft the state of Florida. Jurisdiction over and venue for any controversies or legal issues arising out oft this Agreement shall be exclusively ini the State  (2 )    ofFlorida. By entering into this Agreement, The Town and SCG hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this Agreement, and, unless otherwise expressly provided herein, each agrees to bear its own costs and attorney's fees relating to any dispute arising under this Agreement. 13. Entire Agreement. This Agreement reflects the entire understanding between the parties. Any written, printed, or other materials which The Town provides to SCG that are not included in this Agreement are provided on an "as is" basis, without warranty, and solely IN WITNESS THEREOF, the parties hereto have executed this Agreement of as the date  as an accommodation to SCG.  written above.  &  By: Name: Title: DATE  SHAWN FOSTER PRESIDENT Sunrise Consulting Group 10November: 2021 DATE  (3)    Sca169  November 9, 2021 Town of Sneads City Council,  Kim Sheff and Iwould like to sell a parcel of land located at: 2044 Green Ave. Sneads, to a Mr. Curt Wolf for the purpose of building at facility to house al light manufacturing site. Mr. Wolfassembles kitchen cabinets. We understand this would require a change ofz zoning. The property in question is next to the Post Office. Water and Sewer is available on Green Ave. Thank you for your consideration.  Sheff 2 3 Kimberly S. Sheff  653  Stute of Florida County sf Jackson Decembe s,apal  Rha  hak  KIMBERLYG. RICHARDS MYC COMMSSN:HH13I89 EXPIRES: July2 26, 2025 Bondedl Thrul Notary PublicUnderwiters    Lee Garner From: Sent: To: Subject: Attachments:  Lee Garner <sneadsmgr@sneadst.com> Monday, November 22, 20218:51AM dhcox@gtcom.net Request for Guidance Image (169).tif  Please see attached correspondence and request from property owner to be allowed to sell a vacant piece of property and change zoning. Absent a zoning ordinance, I researched our comp plan, land use section and have furnished copies ofp pages regarding residential property. The propertyi in question is adjacent to the Sneads Post Office which is commercial. South oft the Post Office is a Church. The land is reflected as vacant on the property appraisers documents, Do you think we could call it Mixed Use Rural Development which allows both commercial and residential, with on 25% of the area being commercial based on information we have, or do you think we should do at full scall re-zoning  whichi itis.  procedure? Both parties will be at our next council meeting on December 14th.  Thank you and have a great Thanksgiving. Lee Garner, Town Manager  2044 GreenAve  1    Town of Sneads PO Drawer 159 Sneads, Florida 32460  PH (850)593-6636 Fax (850)593-5079 Email: Sneadsmgr@sneadsf.com  December 14, 2021  MEMOTO: Council President and Council Members SUBJECT: Event in Lieu of Christmas Parade  Iunderstand there will be a group present tonight demanding a Christmas Parade, but the decision that was arrived at last weekend was made with much meteorological input and I would make the same To have a Christmas with Santa, we: scheduled a meet and greet with Santa for Thursday, December 16th, from 3 to 5 PM, serving cookies and hot chocolate. After some further thought, we know people always like to eat, sO wel have decided to provide hot dogs, chips, and soft drinks to all that come to the event With most organizations taking all the decorations off ofthe few floats used in other parades ini the area, we would bel hard pressed to have a viable parade, and we do not have permission to utilize Hwy 90. After discussion with the Police Chief, there are very few streets ini town that allow for parking where children could be allowed to run in the streets to pick up candy, an important safety issue. School gets out Friday and many families leave for vacation or to spend holidays with distant family members, the band would not be available on such short notice, and aj parade without a band is not a great parade. In the future we can before hand set an inclement scheduled date when we get the parade permit from Iam sorry but with the short amount oft time and pressing up on the weekend before Christmas, Ido not  decision again based with the same concepts.  with Santa, extending the time depending on the crowd we will have.  DOT, in case this happens again.  recommend we attempt a parade this year but continue with the plans outlined above.  Thank you for your consideration oft this proposal.  EE  MANAGER  AE  CC: Town Clerk, Deputy Clerk, Police Chief    Town of Sneads PO Drawer 159 Sneads, Florida 32460 PH (850) 593-6636 Fax (850)593-5079 Website: sneadsfl.com Facebook: Town of Sneads = City Hall Email: sneadsmgr@sneadsfl.com  December 10, 2014  MEMOTO: Council President and Council Members SUBJECT: Town Manager's Report - December 2021  1. We will have the 2021 ninth time in arow State Class A Volleyball Champions present at our meeting and Ihave prepared a proclamation for them as reflected on the attached. Iinvited 2. We will have some updated policies regarding CDBG applications that need to be updated sO that the Town is following current guidelines. Ih hope tol have them to attach here sO you can 3. Ihave attached an agreement for Sunrise Consulting Group (SCG) for consideration and approval. I did a two (2) month agreement with them based on discussions from last council meeting, and ifcouncil desires to continue their service, whichIrecommend, this needs to be 4. Ihave attached some information regarding request for zoning determination for property at 2044 Green Ave (North ofthe Post Office). Absent a zoning ordinance, Ihave provided information from our comprehensive plan to review and hopefully be able to make a decision. 5. Ihave included some other material for your review to this report. As you can see, all the latest changes with COVID and distribution of more funding from the federal government, has resulted in many changes to our tax code and employment documentation. 6. Iwish each of you a very Merry Christmas and Happy New Year. I will be on vacation from 12-  Channel 13 ofPanama City to be here, but do not have confirmation.  review them prior to council.  approved.  The property owner and prospective purchaser will be in attendance.  22 to 12-28, visiting my daughter in Denver, CO.  LEE GARNER, EN  TOWNMANAGER  CC: Town Clerk, Deputy Clerk, Town Attorney    Town of Sneads Stormwater System Restoration & Flood Resiliency Improvement Project  BACKGROUND  On October 10, 2018, Hurricane Michael slammed into the Florida Panhandle as a historic category 5 storm. Ini its wake, over $25 billion in damages to an area that already had its fair share of economic struggles.' An initial estimate put the damage in. Jackson County alone around $56 million.2 A number that surprises no one in the Town of Sneads where they watched Just inland from where Hurricane Michael made landfall, devastation. Wide swaths ofl lush timberland almost ceased to exist in an instant. What little infrastructure the Town of Sneads had was devastated. More utility poles than not were left snapped or laying on the ground. The Town's crucial wastewater plant took a punch. Waterways, drainage ditches, culverts, and rivers backed up, clogged and damaged from the unprecedented amount of debris.4 Many residents were left homeless or living in unsafe, damaged homes. Many left the region Even after funds - state dollars, followed by federal - started to trickle in, projects were widespread, generalized, and most oft the time piecemeal efforts at economic and municipal survival. Long term issues, for the most part, in town's like Sneads have not been truly Now, almost two years later, the bleeding has been stopped, but the wounds are not healing. Recent storms like Hurricane Sally ripped band-aids off, showing, just how important it is to fix those long-term issues brought on and exacerbated by Hurricane Michael. Critical infrastructure remains non-existent or in disrepair, making the decision to leave that much easier for many This CDBG-DR offers a real chance at targeted, complete, and funded recovery projects to get the Town of Sneads truly back on its feet and back in Florida's economic race to the top.  the eye oft the storm pass directly overhead.  entirely, further depressing the local economy.  addressed.  residents.  PROBLEM DENTIFICATION  Bolden, G. (2019, March 04). Hurricane Michael Damages Amount To $25 Billion. Retrieved October 05, 2020, from htps/news.wsuortate-news209.030/nuricane-memchae/damagesamount-to25-blion 2Hoffman, A. (2020, October 13). SPECIAL REPORT: Al breakdown oft the FEMAI money spent across thep panhandle over thel last 2y years. Retrieved October 28, 2020, from! tps/Pwww-mypanlande.om/newhumcane michael/special-reporeporta-breakdownohthe-femamoneyspentacros-thepanhandleovertthe-last2years, Hassanein, N. (2019, October 13). 'Stress. Bils.Stress*Farming: couple in Sneads losta ayear's income after https//www.tallahassecom/stony/news2019/10/2nuricane-michaelsneads-ammercoouple-lostyears- Miller, L.( (2019). Feds Fund Nearly $1 Billion in Hurricane Michael Recovery. Retrieved October 28, 2020, from htps/lsamilerassocdatescom/newseterstory/ed-tundneary,l-ilion-n-huricane-michael-recovery)  Hurricane Michael. Retrieved October 28, 2020, from  income/2284523001/    During Hurricane Michael's landfall and in the period after, the Town of Sneads experienced massive stormwater issues. The existing infrastructure within the city limits was overwhelmed. City staffhave eyewitness accounts ofs stormwater flowing free of planned drainage systems, causing flooding. As the weather finally cleared, it became apparent that Hurricane Michael had left a trail of damage and debris that would cause the Town of Snead's stormwater issues to be a Ini the days immediately following the storm, Barbara Goodman, Deputy Director oft the Department of Environmental Protection, told the Florida Cabinet that addressing waterway debris would cost at least $167 million - it took $65 million for Hurricane Irma and Matthew combined." In areas like Sneads, where natural drainage to major waterways like the Apalachicola River is SO heavily relied on, this problem of waterways being clogged or collapsed under is particularly damaging. Additionally, a drainage study performed in 2013 revealed that the drainage systems inj place in the' Town of Sneads were already significantly underperforming causing harmful flooding. Now, after Hurricane Michael, a landscape stripped of nearly all ofi its natural groundcover: and forestation has only increased the amount of runoff that Sneads must The stormwater problems that the Town of Sneads faces simply cannot be sustained much longer. There is an urgent need for funding to conduct a system wide stormwater project to  nightmare for many years to come.  confront during heavy rain events.  finally allow members oft this community to begin to truly rebuild.  PROPOSED PROJECT  The Town of Sneads intends to conduct system-wide stormwater infrastructure improvements to address flooding that occurred during Hurricane Michael and continues to occur due to urgent, unmet recovery needs after the disaster. This will include the construction ofs stormwater management facilities, installation and replacement of drainage pipes and culverts, and ditch stabilization and widening. The proposed project consists oft the proposed project components ITEMIZEDI LISTOF PROPOSED PROJECTO COMPONENTS (WESTTOEASD Keevers Road - Construct Drainage Pipes and Roadside Ditch Oneida Street - Regional Stormwater Management Facility McKeown Mill Road - Replace Existing Cross Drain River Road & US Highway 90 - Construct Drainage Pipes McKeown Mill Road - Regional Stormwater Management Facility Tanana Avenue - Construct Stormwater Drainage Inlets, Manholes, and Pipes Pope Street - Restore and Stabilize Roadside Ditches, Construct Stormwater Inlet(s), and 3rdAvenue - Restore and Stabilize Roadside Ditches, Construct Stormwater Inlet(s), and  itemized and identified below.  Pipes  Pipes; Replace Existing Cross Drain at US Highway 90  Miller, L.( (2019). Feds Fund Nearly $1 Billion in Hurricane Michael Recovery. Retrieved October 28, 2020, from https/llsamillerassocatescom/newslterstoyled-lundneatlyl-ilioin-huricane-michael-recovery)    Eugenla Street - Construct Concrete Gutter Along Roadway, Inlet(s), Cross Drain, and Roseview Lane - Construct Outfall Pipe to Allow Stormwater Runoff to Drain South; Gorrie Avenue = Restore Roadside Ditches and Construct Side Drainpipes, Construct Cross Drain Under Gorrie Avenue to. Allow Stormwater Runoff to Drain South Hawley Street - Construct Outfall Ditch and Piping to Allow Stormwater Runoffto Hunter Drive - Construct Pipe and Increase Existing Ditch Capacity; Regional  Outfall Ditch  Regional Stormwater Management Facility Pope Street - Construct Roadside Ditches  Drain South; Regional Stormwater Management Facility Pope Street - Construct Cross Drain for Closed Basin  Stormwater Management Facility Drain Under Hawley Street TIEBACK TO HURRICANE MICHAEL  Oak Avenue & Adams Street - Construct Roadside Ditch, Side Drainpipes, and Cross  According to a 2013 study, the Town of Sneads' stormwater system has been undersized and underdeveloped for a number of years. While the study suggested some ways to address the risks and problems associated with that, the Town simply did not have the resources for a project Then disaster struck in 2018. The Town of Sneads took a direct hit from Hurricane Michael. While the heavy rain overwhelmed the limited stormwater infrastructure in place, the historic wind hurled debris all over plugging ditches, removing ground cover, and blocking natural Now in 2020, leftover debris and damage from Hurricane Michael continues to hinder an already ineffective stormwater system. Worse still, when Hurricane Michael tore through the Florida panhandle it literally reshaped the landscape. Water flows differently and the removal ofa all substantial groundcover means it flows with more force. That's aj problem for towns and cities with adequate infrastructure. It's a disaster for the Town of Sneads. Where there had been a nagging, sometimes inconvenient need before Hurricane Michael, there is now a critical, urgent need. Flooding has already become more prevalent and dangerous since Hurricane Michael. Without a complete systemwide restoration project with an emphasis on flood resiliency improvements, the Town of Sneads will continue to be held hostage on rainy days.  oft the magnitude needed.  drainage paths. Flooding was inevitable.  COSTTO IMPLEMENT  The following is a conceptual level construction cost estimate accounting for administration, engineering, planning, surveying, property acquisition, construction engineering inspection, and construction of up to 2,800 linear feet of drainage pipe, 200 linear feet of concrete box culverts, 3,000 linear feet of ditches, 1,100 linear feet of ditch cleaning/reshaping, 1,750 linear feet of ditch widening, and up to 4 stormwater management facilities. This construction also includes drainage inlets, manholes, pipe end treatments, curbs & gutters, pond control structures, ditch    pavemenlsabilization, roadway restoration, utility adjustments, soddinglandscaper restoration The total estimated CDBG-DR funding needed for this proposed project is $4,903,970.64. An opinion of probable construction costs for this proposed project was completed, in consultation with Town officials, by a State of Florida Licensed Professional Engineer based on currently available information and previous project experience. Estimates are subject to change.  and all other ancillary construction activities.    Peles" Way  <Z  'awveoG  NolfeAV  Aduono  Rivert  OHaraAve  Uleuois  Gay-Ave    TOWN OF SNEADS STORMWATER SYSTEM RESTORATION & FLOOD RESILIENCY  ENGINEER'S OPINION OF PROBABLE COST  Item No. Description Section1 1:Construction. 1 Mobilization 2 Performance and Payment Bonds 3 Maintenance oft Traffic 4 Erosion and Sediment Control (NDPES and FDEP Requirements) 5 Generals Site Preperation: Incl. Clearing, Grubbing, Demolition, ect, 6 Excavation: and Grading, Stormwater Ponds 7 Lateral DitchE Excavation 8 Ditch Cleaning &R Reshaping 9 Ditch Widening, Haul 10 Concrete Ditch Pavement 11 18" Pipe Culvert, Optional Material, Round S/CD 12 24" Pipe Culvert, Optional Material, Round S/CD 13 30" Pipe Culvert, Optional Material, Rounds S/CD 14 36" Pipe Culvert, Optional Material, Round S/CD 15 42"F Pipe Culvert, Optional Material, Round's S/CD 16 18"F Pipe Culvert, Optional Material, Round, Jack & Bore 17 Concrete Box Culvert 18 Drainage Structures: Incl. Inlet, Manholes, Endwall, MES, ect 19 Control Structure w/T Trash Rack 20 Valley Gutter, Concrete 21 Utility Adjustments 22 Roadway Restoration (Subgrade, Base, Pavement, ect) 23 Misc. Concrete: Incl. Sidewalks, Driveways, Flume, ect. 24 Fencing 25 Performance Turflandscaping Section 2:E Engineering: and/ Administration 2 Construction! Inspection 3 Administration Section: 3:A Acquisition. 1 Aqusition  Unit Quantity Unit Price  Total Price 150,000.00 35,000.00 85,000.00 50,000,00 250,000,00 1,480,000,00 138,850.00 25,262.00 52,500.00 31,777.78 127,275.00 5,040.00 6,210.00 123,120.00 71,300,00 80,000.00 369,600.00 220,500.00 59,500.00 33,600.00 85,000.00 200,000.00 75,000.00 62,500.00 75,000.00 3,892,034.78 354,175.16 194,601.74 213,158.96 761,935.86 250,000.00 250,000.00  LS LS LS LS LS 1 LS LS 1 LS LS 250,000.00 CY 74000 20,00 $ LF 2777 50,00 $ LF 2972 8.50 $ LF 1750 30.00 $ SY 489 65,00 $ LF 1697 $ 75.00 $ LF 56 90.00 $ LF 54 115.00 $ LF 912 135.00 $ LF 460 155.00 $ LF 160 500.00 $ LF 176 $ 2,100.00 $ EA 49 4,500,00 $ EA 7 8,500.00 $ LF 1120 30.00 $ LS 1 85,000.00 $ LS 1 200,000.00 $ LS 1 75,000.00 $ LF 2,500 25.00 $ LS 1 75,000.00 $ Construction: Subtotal: $ 9.1% LS LS $ 5,0% LS LS $ 4.8% LS LS LS  Basic Engineering: Incl. Additional Services (Survey, Geotech, Permitting)  Engineering andA Administration: Subtotal: $  1.00 - 250,000.00 $ Aqusltion Subtotal: $ TOTAL PROJECT COST: $ 4,903,970.64    DANIEL H. COX, P.A. ATTORNEY ATLAW P.O. Drawer CC Carrabelle, FL 32322 Telephone: 850-697-5555 Naples (cell): 239-370-0842 hcox@gtcom.net December 10, 2021 MEMORANDUM  To: City Council Re: 2022 Legislative Session  The following is a list ofbills] I am tracking this legislative session:  SJR-152:  Authorizes a constitutional amendment to be placed on the 2024 ballot and would  prohibit the legislature from preempting any area of regulation unless the preemption passes with  as supermajority in both chambers.  SB-224: SB-264: SB-280:  Authorizes a City or County to regulate smoking inj parks within theirj jurisdiction Would subject disciplinary inquiries or investigations of firefighters to the same Requires al local government to conduct a business impact statement prior to  oron beaches within theirj jurisdiction. Prohibits smoking in state parks.  standards as police officers.  adopting an ordinance. Creates a cause ofaction for affected businesses to challenge an ordinance. Requires suspension of the effectiveness of an ordinance pending the challenge. Authorizes the award of fees and costs to the prevailing party in the challenge.  SB-508: SB-510: SB-608:  Imposes a fiduciary duty of care on the conduct of public business by appointed Requires members ofr municipal councils and municipal managers to file the full Requires counties, and permits municipalities, to enter onto private property to  public officials and executive officers.  disclosure of financial interests (much more extensive than Form 1).  inspect and repair or replace sewer laterals.    SB-620: prevailing party. SB-624: SB-674: emergency. SB-688: SB-886: municipality. SB-974: SB-1162:  Authorizes a suit for business damages where ai newly enacted ordinance impacts  al business revenues or profits at certain thresholds. Authorizes award of fees and costs to  Authorizes a FRS retiree to obtain part time employment with an FRS employer Enshrines the processes for public meetings during events ofa a public health  subject to the condition that the position is uncompensated.  Florida Family and Medical Leave Act.  Prohibits rate surcharges for municipal utilities serving customers within another Revises limits of sovereign immunity and governs the content ofinsurance Prohibits any agency from disbursing grants tol local governments for water or  policies covering local government liability.  sewer infrastructure projects when any oft that local governments general fund is subsidized by  the revenue oft the utility.