CALL  CITY OF CALLAWAY BOARD OF COMMISSIONERS TUESDAY, OCTOBER 8, 2024-6:00P.M. CALLAWAY ARTS & CONFERENCE CENTER 500CALLAWAYPARK WAY CALLAWAY,FL - 32404 KEITH"EDDIE" COOK, CITY MANAGER REGULAR MEETING AGENDA  MAYOR PAMNI HENDERSON COMMISSIONERS SCOTT DAVIS DAVID GRIGGS BOBE PELLETIER KENNETHAYERS, JR. ASHLEY ROBYCK, CITYCLERK  FLORIDP KEVIN OBOS, CITYATTORNEY  CALL TO ORDER ROLL CALL PRESENTATION  INVOCATION & PLEDGE OF ALLEGIANCE  Presentation  BCSO August Statistics  Deputy Erin Martin  MAYORSINSTRUCTIONS: - Call for Additions/Deletions to the Agenda.  PUBLICPARTICIPATION  Speakers must come to thej podium to be heard. Comments are limited to three (3) minutes.  Public Participation will be heard at the end of Commission discussion. for each item and at the end oft the meeting for non-agenda items.  APPROVAL OF MINUTES  September 19, 2024 September 24, 2024 1. Resolution 24-20 2. Discussion 3. Equipment Surplus 4. Development Order Extension  Final Budget Hearing Regular Meeting  REGULAR AGENDA  LAP Agreement- Berthe Ave Sidewalk Design Contracting out Solid Waste Pickup Public Works Pumps #111 & #118 Tyndall Town Apartments- 918 Tyndall Pkwy  COMMISSIONSTAFF COMMENTS PUBLIC PARTICIPATION ANNOUNCEMENIS  All meetings will be held at the Callaway Arts & Conference Center, 500 Callaway Park Way,  Callaway, FL, unless otherwise noted.  October 15, 2024 Planning Board Meeting October 22, 2024 Commission Meeting  6:00 p.m. 6:00 p.m.  ADJOURNMENT  AwlPonyk Ashley Robyek City Clerk        7  8 958 22 e  :e  a F5e s5 20        CITY OF CALLAWAY BOARD OF COMMISSIONERS FINAL BUDGET HEARING MINUTES THURSDAV,SEPTEMBEK 19,2024-5:01 P.M.  The Callaway Commission met for the first budget hearing session with Pamn Henderson, Mayor, David Griggs, Mayor Pro tem, and Commissioners Scott Davis, Bob Pelletier, and Kenneth L. Ayers, in attendance. Also present were Eddie Cook, City Manager; Kevin Obos, City Attorney, Ashley Robyck, City Clerk; David Schultz, Finance Director; Tim Legare, Leisure Services Director; Bill Frye, Public Works Director, Bonnie Poole, Codel Enforcement Director, and David Joyner, Fire Chief. PUBLIC HEARING - PRESENTATION OF THE FINAL: BUDGET: FOR FISCAL YEAR  BEGINNING OCTOBER 1, 2024  The meeting was called to order by Mayor Henderson, followed by the Pledge of Allegiance and roll call.  Public Announcement Ad' Valorem Tax Rate (Trim Notice)  City Clerk Robyck read the Public. Announcement as follows:  Pursuant to Section 200.065(2)(e), F.S., "Notice of Final Property Taxes for the City of Callaway, Florida" (TRIM NOTICE) the proposed ad valorem rate for the Fiscal Year 2024/25 was advertised to be a maximum of3.1121 mils. This millage rate would be greater than the current years rolled-back rate of2.7380: mils. After reviewing revenue projections and proposed expenditure levels for the 2024/25 Fiscal Year, the General Fund budget is balanced at a Final rate of2.7500 mils, which is more than the current year's rollback rate by 0.0120, an: increase of 0.4383%. This means 2.7500 mils is to be levied to fund the Fiscal Year 2024/25  Budget.  Final FY2023/24 Budget and City Manager's Budget Message  City Manager Cook advised that staff is proud oft the budget and reviewed changes for the bridge  project, fencing project and ditch project.  Mayor Henderson advised that the millage rate will stay the same at 2.7500.  PUBLIC PARTICIPATION  Mayor Henderson called for public participation.  There was none.  City of Callaway 1st Budget Hearing Minutes - September 5, 2024  Page 1    Resolution No. 24-16 FY2024/25 Final Ad Valorem Tax Rate Resolution levying a General Fund Ad Valorem Rate of2.7500 mils. City Attorney Obos read Resolution No. 24-16 by headnote as follows:  RESOLUTION: 24-16  A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CALLAWAY OF BAY COUNTY, FLORIDA, ADOPTING THE FINAL LEVYING OF AD VALOREM TAXES FOR FISCAL YEAR 2024/25. AND  PROVIDING FOR AN EFFECTIVE DATE.  City Manager Cook advised that the ad valorem rate has been kept where Commission wanted it.  Mayor Henderson called for Public Participation.  There was none.  Motion:  A motion was made by Commissioner Pelletier and seconded by Commissioner Ayers to approve Resolution No. 23-16, levying al Final Ad Valorem Rate of2.7500 mils for FY2024/25.  Motion carried unanimously.  Resolution No. 24-17 FY204/25 Final Budget Resolution adopting al Final budget effective October 1, 2024.  City Attorney Obos read Resolution No. 24-17 by headnote as follows:  RESOLUTION! #24-17  ARESOLUTION OF THE CITY OF CALLAWAY OF BAY COUNTY, FLORIDA, ADOPTING THE FINALI BUDGET: FOR FISCAL YEAR 2024-25  AND PROVIDING FOR ANI EFFECTIVE DATE.  Commissioners Pelletier, Ayers, Davis, and Griggs thanked staff for putting their hard work  putting the budget together.  Mayor Henderson called for Public Participation.  There was none  Motion:  City of Callaway 1st Budget Hearing Minutes September 19, 2024  Page 2    A motion was made by Commissioner Davis and seconded by Commissioner Griggs to approve Resolution No. 24-17, adopting the Final budget for FY2024/25. The motion carried unanimously  upon roll-call vote.  ADJOURNMENT  There being no further business motion was made to adjourn at 5:09 p.m.  Ashley Robyck, City Clerk  Attest:  Pamn Henderson, Mayor  City of Callaway 1st Budget Hearing Minutes = September 19, 2024  Page 3        CITY OF CALLAWAY BOARD OF COMMISSIONERS REGULAR MEETING MINUTES SEPTEMBER 24, 2024-6 6:00P.M.  The City of Callaway Commission met in a Regular Session on Tuesday, September 24, 2024. In attendance were Pamn Henderson, Mayor, David Griggs, Mayor Pro tem, and Commissioners Bob Pelletier, Scott Davis, and Kenneth Ayers. Also in attendance were Eddie Cook, City Manager, Kevin Obos, City Attorney; Ashley Robyck, City Clerk; David Schultz, Director of Finance; Bill Frye, Director of Public Works/Planning; David. Joyner, Fire Chief; and Tim Legare, Director of Leisure Services. The meeting was called to order by Mayor Henderson, followed by the Pledge of Allegiance and roll call. Presentation- Berthe Bridge Update from Scott Randall with RJ Gorman & Megan Whitmore with DRMP.  MAYOR'S INSTRUCTIONS- Call for Additions/Deletions to the Agenda; City Manager Cook asked to add the following items to the agenda: Item #7- Veterans Park Change Order- Fence Height Item #8- Change Order- Pedestrian handrail for Berthe Bridge  Item #6- Resolution 24-19- Declaring State of Emergency regarding Tropical Storm Helene  Motion:  Motion made by Commissioner Ayers and seconded by Commissioner Griggs to approve the add-ons of  Agenda Items #6,7, & 8. Motion carried unanimously.  Mayor asked to Table #5 APPROVAL OF MIINUTES September 5, 2024 September 10, 2024  1*B Budget Hearing Regular Meeting  City Clerk Robyck advised that under Public Comments on the Ordinance 1099, that it stated, "Commissioner Griggs also addressed saying everything the developer has mentioned is what isi required in the Land Development regulations." It should have stated everything that HEI has mentioned. The  minutes have been amended accordingly.  Motion:  Motion made by Commissioner Davis and seconded by Commissioner Griggs to approve the minutes of September 5, 2024, and September 10, 2024, as amended. Motion carried unanimously.  City of Callaway Regular Meeting Minutes - September 24, 2024  Page 1    PUBLICH HEARING  Ordinance 1103- Flood Management City Attorney Obos read the Ordinance as follows:  ORDINANCE NO.1103  AN ORDINANCE OF THE CITY OF CALLAW/AY, FLORIDA, AMENDING THE CITY'S CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS RELATED TO FLOOD MANAGEMENT; UPDATING THE DATE OF THE FLOOD INSURANCE STUDY AND FLOOD INSURANCE RATE MAPS; REFORMATTING LOCAL AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FOR APPLICABILITY AND SEVERABILITY; AND PROVIDING City Manager Cook advised that this is the second reading. This is required by FEMA. City Attorney Obos advised that the city has been in contact with al FEMA consultant.  FOR AN EFFECTIVE DATE.  Mayor Henderson called for Public Participation, there was none.  Motion:  Motion made by Commissioner Griggs and seconded by Commissioner Davis to approve Ordinance  1103. Motion carried unanimously upon roll-call vote.  REGULAR AGENDA  Resolution 24-18- Annual Schedule of] Meetings and Holidays City Attorney Obos read the resolution as follows:  A RESOLUTION TO ADOPT A MEETING SCHEDULE FOR THE REGULAR MEETINGS, WORKSHOPS, AND HOLIDAYS OF THE CITY OF CALLAWAY BOARD OF CITY COMMISIONERS FOR THE CALENDAR YEAR 2025; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND RECITING AN EFFECTIVE DATE.  Discussion ensued about November meetings. Since the second Tuesday, November 11"is a holiday and the fourth Tuesday November 25th is the week of Thanksgiving, all agreed to have the November 2025  meeting on November 18, 2025.  Mayor Henderson called for Public Participation, there was none.  City of Callaway Regular Meeting Minutes - September 24, 2024.  Page 2    Motion:  Motion made by Commissioner Davis and seconded by Commissioner. Ayers to approve Resolution 24-  18 as amended. Motion carried unanimously upon roll-call vote.  Task Order- Tetra Tech- Extension through January 31, 2025  City Manager Cook reviewed and advised that this is a no-cost extension.  Commissioner Pelletier asked what projects are still open. Director Shultz advised that none are  closed.  Mayor Henderson called for Public Participation, there was none.  Motion:  Motion made by Commissioner Griggs and seconded by Commissioner Davis to approve the task order to  Tetra Tech to extend services through January 31, 2025. Motion carried unanimously.  Discussion- Liquidated Damages  Commissioner Pelletier stated that our liquidated damages amount in our contracts seems low at $200 per The direction from the Commission was to do al base of $500 and reevaluate with larger projects before  day.  going out for bid.  Mayor Henderson called for Public Participation;  Teresa Langston, 6031L Lance St, believes we should raise it due to requests for delays from contractors.  Don Hennings. 431 Tanya Pass, contractors know and should reflect in the bid.  Discussion- Solid Waste  This item was tabled, therefore there was no discussion.  ADD-ONS:  Resolution 24-19- Declaring State of] Emergency Regarding Tropical Storm Helene  A Resolution declaring a State of Emergency regarding the upcoming Tropical Storm Helene  City of Callaway Regular Meeting Minutes = September 24, 2024.  Page 3    RESOLUTIONNO.: 24-19  A RESOLUTION AND PROCLAMATION OF THE CITY OF CALLAWAY, FLORIDA, PROCLAIMING THE EXISTENCE OF A STATE OF EMERGENCY  REGARDING TROPICAL STORM HELENE.  City Manager Cook advises this is a slight precautionary measure. This will allow us to do what is needed  int the case of the weather getting bad.  Mayor Henderson called for Public Participation, there was none.  Motion:  Motion made by Commissioner Ayers and seconded by Commissioner Pelletier to approve. Resolution 24-19, Declaring State of Emergency regarding Tropical Storm Helene. Motion carried unanimously.  Veteran's! Park Change of Order - Fence Height  City Manager Cook advised it was discovered that staff did not reference that the vinyl fence height for Veteran' sl Park should be 8-feet in height. The bid was quoted at 6: feet. Many years ago, there was a 6-foot-tall wooden fence that did not provide the necessary coverage andi it was replaced with the pre-storm 8-foot vinyl fence that was destroyed. The cost for materials only is $5,500. Due to short time Commissioner Pelletier advised that we have been talking about an 8-foot fence from the beginning. City  frame, we will have a change order prepared.  Manager Cook confirmed.  Commissioner Griggs appreciates the contractor only charging the materials cost.  Mayor Henderson asked for clarification on where these fences will go. City Manager Cook advised.  Mayor Henderson called for Public Participation, there was none.  Motion:  Motion made by Commissioner Ayers and seconded by Commissioner Davis to approve the Change  Order regarding Fence Height at Veterans Park. Motion carried unanimously.  Change Order- -1 Pedestrian Handrail for Berthe Bridge  City Manager Cook advised the Original Plan Quantity for Pedestrian Railing was 117LF.An RFI was submitted by RJG requesting the stop/start locations for the railing along with concerns about this quantity being accurate. The response submitted a response clarifying that the actual plan quantity fort ther railing should have been 226.5LF.Added) 110LFofPedestrian  City of Callaway Regular Meeting Minutes - September 24, 2024.  Page 4    Railing to correct the plan quantity per the response to RFI-002. The railing subcontractor measured the railing and found that the bridge deck (117 LF) was not included in the total quantity provided in the RFI response. Thus, the total quantity should have been 344LF. Railing typically has a long lead time. This will not affect the opening of the bridge, but we There are two options, sunshine ($20,956) and picket ($12,129). Sunshine is what has been Mayor Henderson asked how much money was in the project for the handrail. City Manager Commissioner Ayers asked if changing to aj picket fence, would it reduce any other costs. City Scott with RJ Gorman compared the prices oft the picket rail per foot versus the sunshine rail and Commissioner Griggs advised the difference in stye is between $8,000-$9,000 and with the park development on both sides oft the bridge it's important tol have things looking nice for the city and Commissioner. Pelletier asks what the difference is between pickets. Scott replies, saying about 5  may keep the pedestrian sidewalk closed until installation.  used in the city at Veteran's s Park. Cook answered with $40,657.  Manager Cook replied, saying no, the $12,000 is reducing the other costs.  mentions there is still time to change material.  mentioned how much hel likes how Veteran's] Park looks with its railing.  inches.  Mayor Henderson called for Public Participation.  Jodi Moore. Lymn Haven, asked who the engineer was. City Manager Cook advised.  Teresa Langston, 6031 Lance St, stated the contractor should be responsible for changes. City Attorney Anna Pelletier, 7724 Shadow Bay Dr, asked for clarification on whether the contractor has built al bridge Motion: made by Commissioner Griggs and seconded by Commissioner Ayers to approve the Change order regarding al Pedestrian Handrail on Berthe Bridge and going with the Sunshine model. Motion  Obos advised.  and what bridges have been done. Scott Randall with RJ Gorman advised.  Motion:  carried unanimously.  COMMISSIONSTAEF COMMENTS - The following were points of discussion:  Pamn Henderson, Mayor  Interview with Jerry Tabbot Constitution Proclamation  Callaway Historical Society Yard Sale for Callaway Elementary Water bill Collections. City Attorney Obos advised Citizen compliment to Fire Department  City of Callaway Regular Meeting Minutes - September 24, 2024.  Page 5    Scott Davis, Commissioner, WardI Solid Waste contract Thanks to RJ Gorman Representative Berthe Bridge designer issue Beacon Point update Thanks to Leisure Services  Update to expanding wall at Veteran's. City Manager Cook advised  Tyndall Parkway. Apartments. City Manager Cook advised.  Kenneth Ayers, Commissioner, Ward IV  Thanks to Mayor and sister for putting the Yard Sale together  Events attended Leaks on Forsythe Drive Meetings with City Manager  Compliments tol Leisure Services for scoreboards and PA System  Eddie Cook, City Manager  Compliments to Department Heads for working together Brittany Woods parking lot update Fencing update Compliments to staff for storm preparations Storm Preparations almost complete Lift Station rehab update Water/Sewer Model Study update FlexNet update Lake spraying & future aeration Cherry Street update  David Griggs, Commissioner, Ward II  Thanks to Leisure Services for help with Yard Sale Florida Transportation Regional Workshop  PUBLICI PARTICIPATION  Don Hennings, 431 Tanya Pass, asks if the bumps on Cherry St. can be fixed. Also asks ifcitizens need to send emails to State Representatives in Tallahassee to get Beacon Point. Asks ifCity Hall will be Jodi Moore, Lynn Haven, commented on the quality oft the live stream video and the City's use of] EPCI for Teresa Langston, 6031Lance Street, what happens when the Berthe Bridge is done, does DOT inspect it before or after it's opened? Believes Beacon Point is an eyesore, commented on Transportation 2025 considering Cherry St. and Berthe Bridge is taking sO long. Questions infrastructure quality with all the leaks Callaway has. In the last 2 years, she believes Commissioner Griggs has lost interest in citizen input.  closed this week. City Manager Addressed  permitting and inspections.  City of Callaway Regular Meeting Minutes - September 24, 2024.  Page 6    Mentions how he does not show respect to citizens like the mayor says to do. City Manager and Scott with RJ Gorman address Berthe Bridge, and how FEMA is involved in the bridge, which requires State Anna Pelletier, 7724 Shadow Bay Dr, asks for further explanation on the water bill rates and where that money goes. City Manager Cook and City Attorney Obos address, it goes into an enterprise fund to pay for Commissioner Griggs states he has never called an employee or citizen stupid. People can take words and  involvement.  usage.  twist them, but not in his DNA to be disrespectful.  ANNOUNCEMENIS  Mayor Henderson read the announcements as follows:  October: 1, 2024 October 8, 2024  Planning Board Meeting (Potential) Commission Meeting  6:00p.m. 6:00 p.m.  ADJOURNMENT  There being no further business, the meeting was adjourned at 8:02 p.m.  Attest:  Ashley Robyck, City Clerk  Pamn Henderson, Mayor  City of Callaway Regular Meeting Minutes - September 24, 2024.  Page 7        Agenda Item #  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: OCTOBER 8, 2024  ITEM: RESOLUTION No. 24-20-FDOTLAPAGREEMENT - BERTHE AVE SIDEWALK PROJECT-DESIGN  1.F PLACED ON AGENDA BY: Eddie Cook, City Manager  2. AGENDA: PRESENTATION PUBLICI HEARING OLD BUSINESS REGULAR  3. IsT THIS ITEM BUDGETED (IF APPLICABLE)?: YES No[  NIA  4. - BACKGROUND: (wHy, WHAT, WHO, WHERE, WHEN, HOW, & IDENTIFY ALL ATTACHMENTS) Grants for the design of the Berthe Avenue Sidewalks.  FDOT, through its Local Agency Program (LAP), has awarded the City $64,000 in Federal  FDOT requires acceptance of the agreement by Resolution as attached.  ATTACHMENTS:  Resolution No. 24-20 LAP Agreement  5. REQUESTED MOTION/ACTION:  COMMISSION APPROVAL OF RESOLUTION No. 24-20 UPON ROLL-CALL VOTE.    RESOLUTION NO. .24-20  A RESOLUTION OF THE CITY OF CALLAWAY, FLORIDA, APPROVING A LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SIDEWALK IMPROVEMENIS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE. AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Callaway has been allocated $64,000 in Federal Grants for WHEREAS, the City intends to apply these funds towards Construction work for the NOW THEREFORE BE IT RESOLVED by the City Commission of the City of SECTION1. That the Local Agency Program Agreement is hereby approved with the Florida Department of Transportation for sidewalk Construction work for the Cherry Street  sidewalk improvements design; and, Berthe Avenue Sidewalk Design. Callaway as follows:  Sidewalk Project.  SECTION2. That the City Manager is hereby authorized to execute the Agreement, a  copy of which is on file in the City Clerk's Office.  SECTION3. This resolution shall become effective upon adoption.  PASSED AND ADOPTED this gth day of October 2024, by the CALLAWAY CITY  COMMISSION meeting in regular session.  CITY OF CALLAWAVFLORIDA  By:  Pamn Henderson, Mayor VOTE OF COMMISSION:  Attest:  Ashley Robyck, City Clerk  Ayers Davis Griggs Henderson Pelletier  APPROVED ASTOI FORM. ANDI LEGALITY FOR THE CITY OF CALLAWAY ONLY:  Kevin Obos, City Attorney    STATEOFF FLORIDA DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGCIOOC-07/24 Page1of15  FPN: 449918-1-38-01 Federal No (FAIN): D324077B Federal Award Date: Fund: TALL Org Code: FLAIR. Approp: FLAIR Obj: County No:46- Bay  FPN: Federal No (FAIN): Federal Award Date: Fund: Org Code: FLAIR. Approp: FLAIR Obj: Contract No:  FPN: Federal No (FAIN): Federal Award Date: Fund: Org Code: FLAIR Approp: FLAIR Obj:.  Recipient' Vendor No: F591005908001 Recipient Unique Entity ID (UEI) No: M7J1RBTDONM5 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction  THIS LOCAL AGENCY PROGRAM AGREEMENT ("Agreement), is entered into on  by and between the State of Florida Department of Transportation, an agency  (This date tob be entered by DOT only)  of the State of Florida ("Department), and City of Callaway ("Recipient').  NOW, THEREFORE, in consideration oft the mutual benefits to be derived from joint participation on the Project, thel Parties  agree to the following:  1. Authority: The Department is authorized to enter into this Agreement pursuant to Section 339.12, Florida Statutes. The Recipient by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D" and made a part of this Agreement, has authorized its officers to execute this Agreement on its 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in BERTHE AVENUE SIDEWALK DESIGN, as further described in Exhibit "A", Project Description and Responsibilties attached to and incorporated in this Agreement ("Project"), to provide Department financial assistance to the Recipient; state the terms and conditions upon which Department funds willl be provided; and 3. Term of Agreement: The Recipient agrees to complete the Project on or before October 31, 2025. If the Recipient does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension oft the time period is requested by the Recipient and granted in writing by the Department prior to the expiration of this Agreement. Expiration oft this Agreement will be considered termination of the Project. The cost of any work performed after the term of this  behalf.  to set forth the manner in which the Project willl be undertaken and completed.  Agreement will not be reimbursed by the Department.  4. Project Cost:  a. The estimated cost of the Project is $ 64,000. This amount is based upon the Schedule of Financial Assistance in Exhibit "B", attached to and incorporated in this Agreement. Exhibit "B" may be modified b. The Department agrees to participate in the Project cost up to the maximum amount of $64,000 and as more fully described in Exhibit' "B". This amount includes Federal-aid funds which are limited tot the actual amount of Federal-aid participation. The Department's participation may be increased or reduced upon determination of the actual bid amounts of the Project by the mutual execution of an amendment. The Recipient agrees to bear all expenses in excess of the total cost of the Project and any deficits incurred in Project costs eligible for Department participation will be allowed only from the date of this Agreement. It  by mutual execution of an amendment as provided for in paragraph 5.i.  connection with the completion of the Project.  isu understood that Department participation in eligible Project costs is subject to:    STATE OFF FLORIDA DEPARTMENT OFT TRANSPORTATION LOCAL. AGENCY PROGRAM AGREEMENT  PROGRAMI MANAGEMENT 525-010-40 OGCI0OC-07/24 Page2of15  Legislative approval of the Department's appropriation request in the work program year that the  Project is scheduled to be committed;  ii. Availability of funds as stated in paragraphs 5.1. and 5.m. of this Agreement;  iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms of iv. Department approval of the Project scope and budget at the time appropriation authority becomes  this Agreement; and available.  5. Requisitions and Payments  a. The Recipient shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable musts specify the required minimum level of servicet tol bep performed andt the criteriai fore evaluating successful completion. The Project andt the quantifiable, measurable, and verifiable units of deliverables are described b. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-audit and post-audit based ont the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted iny writing byt the Department's Project Manager prior to payments. Requests for reimbursement by the Recipient shall include an invoice, progress report and supporting documentation for the period of services being billed that are acceptable to thel Department. The Recipient shall use the format for the invoice and progress report that is approved byt the Thel Recipient shall charge to the Project account all eligible costs oft the Project except costs agreed to be borne by the Recipient or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. All costs charged to the Project, including any approved services contributed by the Recipient or others, shall be supported by properly executed payrolls, time records, invoices, contracts d. Supporting documentation must establish that the deliverables were received and accepted in writing by thel Recipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A" was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes or thel Department's Comptroller under Section 334.044(29), Florida Statutes. Ift this box is selected, advance payment is authorized for this Agreement and Exhibit "H", Alternative Advance Payment Financial Provisions is attached and incorporated into this Ift the Department determines that the performance oft the Recipient is unsatisfactory, the Department shall notify the Recipient of the deficiency tob be corrected, which correction shall be made within at time-frame to bes specified by thel Department." Thel Recipients shall, within thirty (30) days after noticet from thel Department, provide thel Department with a corrective action plan describing how the Recipient will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the  more fully in Exhibit "A".  Department.  orv vouchers evidencing in proper detail the nature and propriety of the charges.  Requirements.  Agreement.    STATEOFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMA MANAGEMENT 525-010-40 OGCIOOC-07/24 Page3of15  Department, the Recipient will not be reimbursed tot the extent of the non-performance. The Recipient will not ber reimbursed until the Recipient resolves the deficiency. Ifthe deficiency is subsequently resolved, the Recipient may bill thel Department for the unpaid reimbursement request(s) during the next billing period. If the Recipienti is unable to resolve the deficiency, thet funds shall be forfeited at the end of the Agreement's - Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is Ifap payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Recipient. Interest penalties of less than one (1) dollar will not be enforced unless the Recipient requests payment. Invoices that have to be returned to an Recipient because of Recipient preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is AV Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850)413-5516. h. The Recipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms oft this Agreement shall be maintained and made available upon request tot thel Department at all times during the period oft this Agreement andf for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Recipient's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records oft the Contractor and subcontractors Prior to the execution of this Agreement, al Project schedule of funding shall be prepared by the Recipient and approved by the Department. The Recipient shall maintain said schedule of funding, carry out the Project, and shalli incur obligations against andi make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by execution of a Local Agency Program (LAPSupplemental Agreement between the Department and the Recipient. The Recipient acknowledges and agrees that funding for this project may be reduced upon lf,after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Recipient owing such amount if, upon demand, payment of the amount is not made within 60 days tot thel Department. Offsetting any amount pursuant to this paragraph shall not be considered al breach of contract by thel Department. k. The Recipient must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Ifthe Department's funding fort this Project is in multiple fiscal years, funds approval from thel Department's Comptroller must be received eachi fiscal year prior to costs beingi incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement ifi incurred prior tot funds approval being received. The Department will notify the m. Int the event this Agreement is ine excess of $25,000 and has at term for a period of more than one year, the  term.  received or the goods or services are received, inspected, and approved.  provided to the Department.  considered necessary by the Department for a proper audit of costs.  determination of the Recipient's contract award amount.  Recipient, in writing, when funds are available.  provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:    STATE OFF FLORIDA DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGCIOOC-07/24 Page4of15  "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, byi its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller oft the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract sO made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and1 this paragraph shall be incorporated verbatim in all contracts of thel Department which are for an amount in excess of $25,000 and which have a term for a period of more  than 1 year."  6. Department Payment Obligations: by notice in writing not to make a payment if:  Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Recipient pursuant to this Agreement. However, notwithstanding any other provision of this Agreement, the Department may elect a. The Recipient shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to b. There is any pending litigation with respect to the performance by the Recipient of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the Project; C. The Recipient shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without having been  this Agreement;  advised by thel Department that same are approved;  d. There has been any violation oft the conflict ofi interest provisions contained inj paragraph 14.f.; or  e. Thel Recipient has! been determined byt thel Department tol bei in default under any oft thep provisions oft the Agreement. The Department may suspend ort terminate payment for that portion of thel Project which the Federal Highway Administration In determining the amount of the payment, the Department will exclude all Project costs incurred by the Recipient prior to the Department's issuance ofa al Notice to Proceed ("NTP"), costs incurred after the expiration oft the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the Project, costs agreed to be borne by the Recipient or its contractors and subcontractors for not meeting the Project commencement andi final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved  ("FHWA"), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.  inv writing byt the Department. 7. General Requirements:  The Recipient shall complete the Project with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions int this Agreement, and all applicable laws. Thel Project willl bep performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual (FDOT Topic No. 525-010-300), which by this referencei is made a part of this Agreement.  Time is of the essence as to each and every obligation under this Agreement.  a. Afullt time employee of the Recipient, qualified to ensuret thatt thev workl being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform thet following duties andi functions:    STATEOFF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGCIOOC-07/24 Page5of15  Administers inherently governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope ofF Federal-aid projects; ii. Maintains familiarity of day to day Project operations, including Project safety issues; iii. Makes or participates in decisions about changed conditions or scope changes that require iv. Visits and reviews the Project on at frequency that is commensurate with the magnitude and V. Reviews financial processes, transactions and documentation to ensure that safeguards are in vi. Directs Project staff, agency or consultant, to carry out Project administration and contract vii. Isa aware oft the qualifications, assignments and on-the-job performance oft the Recipient and b. Once the Department issues the NTP for the Project, the Recipient shall be obligated to submit an invoice oro other request for reimbursement to the Department no less than once every 90 days (quarterly), beginning from the day the NTP is issued. If the Recipient fails to submit quarterly invoices to the Department, and in the event the failure to timely submit invoices to the Department results in the FHWA removing any unbilled funding or the loss of state appropriation authority (which may include the loss of state and federal funds, ifthere are: statei funds programmed tot thel Project), then the Recipient willl be solely responsible to provide all funds necessary to complete the Project and thel Department will not be obligated to provide any additional funding for the Project. The Recipient waives the right to contest such removal of funds byt the Department, ift ther removal is related tol FHWA's withdrawal of funds ori ift the removal is related to the loss of state appropriation authority. In addition toi the loss of funding for the Project, the Department will also consider the de-certification of the Recipient for future LAP Projects. No cost may be incurred under this Agreement until after the Recipient has received a written NTP from the Department. The Recipient agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to advertise the Project. If the Recipient is not able to meet the scheduled advertisement, Ifall funds are removed from the Project, including amounts previously billed to the Department and reimbursed to the Recipient, and the Project is off the State Highway System, then the Department will have to request repayment for the previously billed amounts from the Recipient. No state funds can be used on off-system projects, unless authorized pursuant to Exhibit "l", State Funds Addendum, which will be attached to and incorporated in this Agreement int the event state funds are used on the Project. d. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is required under applicable law to enable the Recipient to enter into this Agreement or to undertake the Project ort to observe, assume or carry out any of the provisions of the Agreement, thel Recipient will initiate and consummate, as provided by law, all actions necessary with respect to any such matters. The Recipient shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Recipient to provide the necessary' funds for completion of the Project. The Recipient shall submit tot the Department such data, reports, records, contracts, and other documents relating to the Project as the Department and FHWA may require. The Recipient shall make such g. Federal-aid funds shall not participate in any cost which is noti incurred in conformity with applicable federal and state laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed byt the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with the Project or part  change orders or supplemental agreements;  complexity of the Project;  place to minimize fraud, waste, and abuse; oversight, including proper documentation; consultant staff at all stages of the Project.  the Department District LAP Administrator should be notified as soon as possible.  submissions using Deparment-desgnated information systems.    STATEOFF FLORIDAI DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAM MANAGEMENT 525-010-40 OGCIOOC-07/24 Page6of15  thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported: andt the Department shall notify thel Recipient inv writing citingt ther reasons why items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions ofl law or FHWA requirements exists federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in parcel or Project costs in part or in total. For any amounts determined tol bei ineligible fori federal reimbursement for which thel Department has advanced payment, the Recipient shall promptly reimburse the Department for all such amounts within 90 h. For any project requiring additional right-of-way, the Recipient must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on at federal fiscal year basis, from October 1t through September 30. The report must be prepared using thet format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later  days of written notice.  than October 15 of each year.  8. Audit Reports:  The administration of resources awarded through the Department to the Recipient by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of federal awards or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Recipient shall comply with a. Ina addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, monitoring procedures may include, but not be limited to, on-site visits by Department staff and/or other procedures including, reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain tot federal awards provided through the Department by this Agreement. By entering into this Agreement, the Recipient agrees to comply and cooperate fully with any monitoring procedures.processes deemed appropriate by the Department. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer ("CFO"), or State of Florida Auditor General. b. The Recipient, a non-federal entity as defined by 2 CFR Part 200, as a subrecipient of ai federal award awarded by i. In the event the Recipient expends a total amount of federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the Recipient must have at federal single or program-specific audit for such fiscal year. conducted in accordance with the provisions of 2 CFR Part 200, Subpart F = Audit Requirements. Exhibit "E" to this Agreement provides the required federal award identification information needed by the Recipient to further comply with the requirements of2 CFR Part 200, Subpart F - Audit Requirements. In determining federal awards expended in a fiscal year, the Recipient must consider all sources of federal awards based on when the activity related tot thet federal award occurs, including thet federal award provided through thel Department byt this Agreement. The determination ofa amounts oft federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFRI Part 200, Subpart F. - Audit Requirements, will meet the requirements of this part. Inc connection with the audit requirements, the Recipient shall fulfill the requirements relative to the auditee  all audit and audit reporting requirements as specified below.  thel Department through this Agreement is subject to thet following requirements:  responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements.    STATEOFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAM MANAGEMENT 525-010-40 OGCIOOC-07/24 Page7of15  iii. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F- Audit Requirements, in federal awards, the Recipient is exempt from federal audit requirements for that fiscal year. However, the Recipient must provide a single audit exemption statement to the Department at FDOTSingleAuditadotstate.flus no later than nine months after the end of the Recipient's audit period for each applicable audit year. In the event the Recipient expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (.e., the cost of such an audit must be paid from the iv. The Recipient must electronically submit to the Federal Audit Clearinghouse ("FAC") at ntps/harvester.census.govfacweb the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F - Audit Requirements, and this Agreement. However, the Department requires a copy oft the audit reporting package also be submitted to! DOTSneASIRasRa.uN within the earlier of 30 calendar days after receipt oft the auditor's report(s) or niner months after the end of the audit period as required by 2CFRF Part V. Within six months of acceptance oft the audit report byt the FAC, the! Department will review thel Recipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the federal award provided through the Department by this Agreement. Ift the Recipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F - Audit Requirements, the Department may impose additional conditions to remedy noncompliance. Ift the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which  Recipient's resources obtained from other than federal entities).  200, Subpart F - Audit Requirements.  actions may include but not be limited to the following:  1. Temporarily withhold cash payments pending correction of the deficiency by the Recipient 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (ori in the case of the Department, recommend such a  or more: severe enforcement action by the Department; cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate thet federal award; proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program; 6. Take other remedies that may be legally available.  vi. As a condition of receiving this federal award, the Recipient shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Recipient's records including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved.  vi. The Department's contact information for requirements under this part is as follows:  Office of Comptroller, MS24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit@dotstate.f.us  Thel Recipient shall retain sufficient records demonstrating its compliance with thet terms oft this Agreement for aperiod off five years from the date the audit report is issued and shall allow thel Department or its designee, the CFO, or State of Florida Auditor General access to such records upon request. The Recipient shall ensure that the audit working papers are made available to the Department or its designee, the CFO, or State of Florida Auditor General upon request for a period off five years from the date the audit report isi issued, unless extended iny writing byt thel Department.    STATEOF FLORIDAL DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMI MANAGEMENT 525-010-40 OGCIOOC-07/24 Page8of15  9. Termination or Suspension of Project:  The Department may, by written notice to the Recipient, suspend any or all of the Department's obligations under this Agreement for the Recipient's failure to comply with applicable law or the terms of this Agreement until such time as the  event or condition resulting in such suspension has ceased or been corrected.  a. Ifthe Department intends to terminate the Agreement, the Department shall notify the Recipient of such termination in writing at least thirty (30) days prior to thet termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is tol be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure oft funds. Ini this event, the Parties shall agree Ifthe Agreement is terminated before performance is completed, the Recipient shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of- way will become the property of the Department and will be turned over promptly by the Recipient. d. In the event the Recipient fails to perform or honor the requirements and provisions of this Agreement, the Recipient shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Recipient to  upon the termination conditions.  Agreement.  comply with the Public Records provisions of Chapter 119, Florida Statutes.  10. Contracts of the Recipient:  a. Except as otherwise authorized in writing by the Department, the Recipient shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or . Itisunderstood and agreed byt the parties to this Agreement that participation byt thel Department in a project with the Recipient, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Recipient's complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. Att the discretion oft thel Department, thel Recipient willi involve the Department in the consultant selection process for all projects funded under this Agreement. In all cases, the Recipient shall certify to the Department that selection has been accomplished in compliance with the Consultants Competitive The Recipient shall comply with, and require its consultants and contractors to comply with applicable federal law pertaining tot the use of Federal-aid funds. Thel Recipient shall comply with the provisions int the FHWA-1273 form as set forthi in Exhibit "G", FHWA 1273 attached to andi incorporated in this Agreement. The Recipient shall include FHWA-1273 in all contracts with contractors performing work on the Project. d. The Recipient shall require its consultants and contractors to take emergency steps to close any public road whenever there is a risk to life, health and safety of the travelling public. The safety of the travelling public is the Department's first priority for the Recipient. Ifl lane or road closures are required by the LAt to ensure the life, health, and safety of the travelling public, the LA must notify the District Construction Engineer and District Traffic Operations Engineer immediately oncet thet travelling public are not ati imminent risk. The Department expects professional engineering judgment be applied in all aspects of locally  contractor.  Negotiation Act and the federal Brooks Act.    STATEOFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGCIOOC-07/24 Page9of15  delivered projects. Defect management and supervision of LAP project structures components must be proactively managed, monitored, and inspected by department prequalified structures engineer(s). The District Construction Engineer must be notified immediately of defect monitoring that occurs in LAP project construction, whether or not the defects are considered an imminent risk to life, health, or safety of the travelling public. When defects, including but not limited to, structural cracks, are initially detected during bridge construction, the engineer of record, construction engineering inspector, design-build firm, or local agency that owns or is responsible for the bridge construction has the authority to immediately close the bridge to construction personnel and close the road underneath. Thel LA shall also ensure compliance with the CPAM, Section 9.1.8 regarding actions for maintenance of traffic and safety concerns.  11. Disadvantaged Business Enterprise (DBE) Policy and Obligation:  Itis the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The The Recipient and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. Int this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Recipient and its contractors and subcontractors shall not discriminate on the basis of race, color, national  DBE requirements of applicable federal and state laws and regulations apply to this Agreement.  origin or sex ini the award and performance of contracts, entered pursuant tot this Agreement.  12. Compliance with Conditions and Laws:  The Recipient shall comply and require its contractors and subcontractors to comply with all terms and conditions oft this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Recipient is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and' Voluntary Exclusion-L Lower Tier Covered Transactions,"  in 49C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.  13. Performance Evaluations:  Recipients are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the Recipient's person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Recipient no more than  30 days after final acceptance.  a. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Recipient failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvemenloversignt, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvemenloversgnt. Ar rating of Above Satisfactory Performance means the Recipient developed the Project in accordance with applicable federal and state regulations, standards and procedures, and the Department did not have to exceed the minimum oversight and monitoring requirements identified for the b. The District will determine which functions can be further delegated to Recipients that continuously earn  project.  Satisfactory and Above Satisfactory evaluations.  14. Restrictions, Prohibitions, Controls, and Labor Provisions: subcontractors to include in each subcontract the following provisions:  During the performance of this Agreement, the Recipient agrees as follows, and agrees to require its contractors and  a. The Recipient will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations oft theU.S. Department of Transportation issued thereunder, andt the assurance by thel Recipient pursuant thereto. The Recipient shall include the attached Exhibit "C", Title' VI Assurances in all contracts    STATE OFF FLORIDAL DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAM MANAGEMENT 525-010-40 OGC/OOC-07/24 Page 10of15  with consultants and contractors performing work on the Project that ensure compliance with Title VI oft the b. The Recipient will comply with all the requirements as imposed by the ADA, the regulations of the Federal Ap person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit al bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the d. Ina accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit al bid onacontract to provide goods or services to a public entity; may not submit al bid on a contract with ap public entity fort the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. Ane entity or affiliate who has hadi its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit al bid or perform work for the construction or repair of a public building or public work on a contract with the Recipient. Neither the Recipient nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Recipient or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any suchi interest, and if such interest is immediately disclosed to the Recipient, the Recipient, with prior approval of the Department, may waive thep prohibition contained int this paragraph provided that any such present member, officer or employee shall not participate in any action by the Recipient or the locality relating to such contract, subcontract or arrangement. The Recipient shall insert in all contracts entered into in connection with the Project or any property included or planned to be included in any Project, and shall require its "No member, officer or employee of the Recipient or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Recipient and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a Nor member or delegate tot the Congress oft the United States shall be admitted to any share or part of this  Civil Rights Act of 1964, 49C.F.R. Part 21, and related statutes and regulations. Government issued thereunder, and assurance by the Recipient pursuant thereto.  convicted vendor list.  contractors to insert in each of their subcontracts, the following provision:  governmental agency.  Agreement or any benefit arising therefrom.  15. Indemnification and Insurance:  a. Itiss specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any. member thereof, a third-party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guarantees the payment of all just claims for materials, supplies, tools, or labor and other just  claims against the Recipient or any subcontractor, in connection with this Agreement.    STATEOF FLORIDA DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM. AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGC/0OC-07/24 Page 11of15  b. Tothe extent provided byl law, Recipient shalli indemnify, defend, and hold harmless thel Department: against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of Recipient, or any of its officers, agents, or employees, acting within the scope oft their office or employment, in connection with the rights granted to or exercised by Recipient hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall not constitute a waiver of the Department's or Recipient's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by Recipient to indemnify the Department fort the negligent acts or omissions of the Department, its officers, agents, or employees, or for the acts of third parties. Nothing herein shall be construed as consent by Recipient to be sued by third parties in any manner arising out of this Agreement. This indemnification shall survive the termination of Recipient agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, or subconsultants (each referred to as Entity" for the purposes of the below indemnification) "To the extent provided by law, [ENTITY] shall indemnify, defend, and hold harmless the [RECIPIENT) and the State of Florida, Department of Transportation, including the Department's officers, agents, and employees, against any actions, claims, or damages arising out of, relating to, or resulting from negligent or wrongful act(s) of [ENTITY), or any of its officers, agents, or employees, acting within the scope of their office or employment, in connection with the rights The foregoing indemnification shall not constitute a waiver of the Department's or RECIPIENT)'s sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify [RECIPIENT) for the negligent acts or omissions of [RECIPIENT), its officers, agents, or employees, ort third parties. Nor shall the same be construed to constitute agreement by [ENTITY] to indemnify the Department for the negligent acts or omissions of the Department, its officers, agents, or employees, or third d. The Recipient shall, or cause its contractor or consultant to carry and keepi in force, during the term of this Agreement, a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurancewith combined bodilyi injury limits of at least $200,000 per person and $300,000 each occurrence, and property damage insurance of at least $200,000 each occurrence, for the services to be rendered in accordance with this Agreement. The Recipient shall also, or cause its contractor or consultant to carry and keep in force Workers' Compensation Insurance as required byt the State of Florida under the Workers' Compensation Law. With respect to any general liability insurance policy required pursuant to this Agreement, all such policies shall be issued by companies licensed to do business in the State of Florida. The Recipient shall provide to the Department certificates showing the required coverage to be in effect with endorsements showing the Department to be an additional insured prior to commencing any work under this Agreement. Policies that include Self Insured Retention will not be accepted. The certificates and policies shall provide that in the event of any material change in or cancellation of the policies reflecting the required coverage, thirty days advance notice shall  this Agreement.  who perform work in connection with this Agreement:  granted to ore exercised by! [ENTITY].  parties. This indemnification shall survive the termination of this Agreement."  beg given to the Department or as provided in accordance with Florida law.  16. Maintenance Obligations: In the event the Project includes construction then the following provisions are  incorporated into this Agreement:  a. The Recipient agrees to maintain any portion of the Project not located on the State Highway System constructed under this Agreement for its useful life. If the Recipient constructs any improvement on  Department right-of-way, the Recipient  shall shall not NIA    STATEOFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM. AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGCI0OC-07/24 Page 12of15  maintain the improvements located on the Department right-of-way for their useful life. If the Recipient is required to maintain Project improvements located on the Department right-of-way beyond final acceptance, then Recipient shall, prior to any disbursement of the state funding provided under this Agreement, also execute a Maintenance Memorandum of Agreement in at form that is acceptable to the Department. The Recipient has agreed to the foregoing by resolution, and such resolution is attached and incorporated into this Agreement as Exhibit "D". This provision will survive termination oft this Agreement. a. The Recipient will be solely responsible for compliance with all applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any lossi incurred in connection therewith. Thel Recipient willl ber responsible for securing any applicable permits. Thel Recipient shalli include in all contracts and subcontracts for amounts ine excess of$150,000, ap provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- b. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Inr no event shall the making by the Department of any payment to the Recipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part oft thel Recipient and the making of such payment byt thel Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to d. Ifany provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of e. By execution of the Agreement, the Recipient represents that it has not paid and, also agrees nott to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing Nothing int the Agreement shall require the Recipient to observe or enforce compliance with any provision or perform any act or do any other thingi in contravention of any applicable state law. Ifa any of the provisions oft the Agreement violate any applicable state law, thel Recipient will at once notifyt thel Department in writing in order that appropriate changes and modifications may be made by the Department and the Recipient to g. Int the event that this Agreement involves constructing and equipping of facilities, thel Recipient shall submit to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and willi issue to the Recipient a written approval with any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, thel Department willi issue tot the Recipient a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the h. Upon completion of right-of-way activities on the Project, the Recipient must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required. Thel Recipient will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Recipient's facility, adequate title is in the Recipient's name, and the Project is accepted by the Recipient as suitable for thei intended purpose.  17. Miscellaneous Provisions:  1387). Agreement.  such breach or default. applicable law. hereunder.  the end that the Recipient may proceed as soon as possible with the Project.  Department.    STATEOF FLORIDAI DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAMN MANAGEMENT 525-010-40 OGCIOOC-07/24 Page 13of15  The Recipient agrees that no ederaly-appropnated funds have been paid, or will be paid by or on behalf of the Recipient, to any person for influencing or attempting to influence any officer or employee of any federal agency, al Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making ofa any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. Ifany funds other than ederalyappropnated funds havel been paid byt the Recipient to any person fori influencing or attempting to influence an officer or employee of any federal agency, al Member of Congress, an officer or employee of Congress or an employee of al Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance withi its instructions. Thel Recipient shall require thatt thel language of this paragraph be included int the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Not funds received pursuant toi this contract may be expended for lobbying the Legislature, the The Recipient may not permit thel Engineer of Record to perform Construction, Engineering and Inspection The Recipient shall comply with all applicable federal guidelines, procedures, and regulations. Ifat any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Recipient and FHWA requires reimbursement of the funds, the Recipient will be responsible for repayment to the Department of all funds awarded under the  judicial branch or a state agency. services on the Project.  terms of this Agreement. m. The Recipient shall:  utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by Recipient during the term of the contract; and ii. expressly require any contractor and subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor  during the contract term.  n. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf ofa a party willl be legal and binding on such party. O. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the p. Ifthe Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and the cost oft the Project is to be paid from state-appropriated funds, then the Recipient must comply with the a. Exhibits "A", "B","C", "D","E"a and' "F" are attached to and incorporated into this Agreement. b. Ift this Project includes Phase 58 (construction) activities, then Exhibit "G", FHWA FORM 1273, is C. JAlternative. Advance Payment Financial Provisions are used ont this Project. If an Alternative Pay! Method is used on this Project, then Exhibit "H", Alternative Advance Payment Financial Provisions, is attached d. State funds are used on this Project. If state funds are used on this Project, then Exhibit "!", State Funds Addendum, is attached and incorporated into this Agreement. Exhibit "J", State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this Agreement.  obligation to comply with s.20.055(5), Florida Statutes. requirements of Section 255.0991, Florida Statutes.  18. Exhibits:  attached and incorporated into this Agreement. and incorporated into this Agreement.    STATEOFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  PROGRAM MANAGEMENT 525-010-40 OGC/0OC-07/24 Page 14of15  e. Agreement. f.  This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project Reimbursement, then Exhibit "K", Advance Project Reimbursement is attached and incorporated into this This Project includes funding for landscaping. If this Project includes funding for landscaping, then Exhibit "L", Landscape Maintenance, is attached and incorporated into this Agreement. g. This Project includes funding for a roadway lighting system. Ift the Project includes funding for roadway lighting system, Exhibit "M", Roadway Lighting Maintenance is attached and incorporated into this h. This Project includes funding for traffic signals and/or traffic signal systems. If this Project includes funding for traffic signals and/or traffic signals systems, Exhibit "N", Traffic Signal Maintenance is attached Aportion or all oft the Project will utilize Department right-of-way and, therefore, Exhibit' "O", Terms and Conditions of Construction in Department Right-of-Way, is attached and incorporated into this Agreement.  Agreement.  andi incorporated into this Agreement.  .  The following Exhibit(s) are attached and incorporated into this Agreement:  <. Exhibit and Attachment List Exhibit A: Project Description and Responsibilities Exhibit B: Schedule of Financial Assistance Exhibit C: Title VI Assurances Exhibit D: Recipient Resolution Exhibit E: Federal Financial Assistance (Single Audit Act) Exhibit F: Contract Payment Requirements Exhibit G: FHWA Form 1273 B Exhibit H: Alternative Advance Payment Financial Provisions E Exhibit 1: State Funds Addendum Exhibit. J: State Financial Assistance (Florida Single Audit Act) Exhibit K: Advance Project Reimbursement Exhibit L: Landscape Maintenance Exhibit M: Roadway Lighting Maintenance Exhibit N: Traffic Signal Maintenance *Additional Exhibit(s):  Exhibit O: Terms and Conditions of Construction in Department Right-of-Way  *Indicates that the Exhibit is only attached and incorporated if applicable box is selected.    STATEOFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM. AGREEMENT  PROGRAMI MANAGEMENT 525-010-40 OGC/0OC-07/24 Page 150f15  IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.  RECIPIENT City of Callaway Name: Title:  STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION  By:  By:  Name: Tim Smith, P.E.  Title: Director of Transportation Development  Legal Review:    AltF Form5 525-010-40A  STATE OFF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  525-011-0A PROGRAMI MANAGEMENT 05/21  EXHIBIT A  PROJECT DESCRIPTION AND RESPONSIBILITIES  FPN: 449918-1-38-01  This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and  City of Callaway (the Recipient)  PROJECTL LOCATION:  7 The project is on the National Highway System. The project is on the State Highway System. PROJECT LENGTH AND MILE POSTI LIMITS: 0.267  PROJECT DESCRIPTION: This project is for the survey, design, permitting, and preparation of construction plans and bid documents for new sidewalk along Berthe Avenue from Forsythe Drive to Eagle Lake Way. The project will consist of designing a 6' sidewalk on the east side of Berthe. Avenue. The scope will also include drainage improvements, detechable warning areas, driveways and pedestrian ramps to ensure the sidewalk will be ADA compliant. No additional right-of-way  will be required for the project.  SPECIAL CONSIDERATIONS BY RECIPIENT:  he Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Department hereby notifies the Recipient that for projects that are not located on the Department's right-of-way, the For the provision of Construction Engineering Inspection (CEI) services, the Recipient is required tol hire al Department pre- The Recipient is required to hire al Department pre-qualified consultant in the appropriate work type for the design phase of The Recipient shall be responsible for all permitting activities related to the project and notify the Department prior to The Recipient shall provide a copy of the design plans for the Department's review and approval prior to advertisement. Plans shall be submitted at 60%, 90% and final along with the engineer's cost estimate, Utility Certification, Permit Certification, Right of Way Certification, Railroad Certification, and a complete set of draft bid documents in PDF (Portable Document Format). The Recipient shall be responsible for addressing all plan review comments in the Department's  Ina accordance with Section 10.c. of this Agreement, the Parties agree as follows: Recipient is required to hire a contractor prequalified by the Department. Ina accordance with Section 10.d. of this Agreement, the Parties agree as follows: Ina accordance with Section 10.e. of this Agreement, the Parties agree as follows:  qualified consultant int the appropriate work type.  the Project.  commencement of any right-of-way activities.  Electronic Review Comments (ERC) System.  Page 1 of2    The Recipient shall submit tot the! Department the! bid tabulations and award intent for review and concurrence prior to award Off the State Highway System (Off-System) construction projects must be administered in accordance with latest version of the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways Florida On the State Highway System (On-System) construction projects must be administered in accordance with the FDOT Construction Project Administration Manual (Topic no. 700-000-000). Materials will be inspected in accordance with the FDOT: Sampling Testing and Reporting Guide by Material Description andt the FDOT Materials Manual (Topic No. 675-000- 000). Divisions II and III of the FDOT Standard Specifications for Road and Bridge Construction and implemented modifications must be used. The Recipient will be responsible for all project level inspection, verification testing, and assuring all data are entered into Materials Acceptance and Certification System (MAC) as appropriate. In addition, the following Off the State Highway System (Off-System) and Off the National Highway System projects will be administered as above: all bridge projects; box culverts; and all projects with a construction value of $10 million or more. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in  and will submit the signed construction contract for records upon execution of thet final document.  (also known as the Florida Greenbook).  accordance with thet following schedule: a) Study to be completed by b)! Design to be completed by October 31, 2025 d) Right-of-Way to be certified by e) Construction contract to be let by f) Construction tol be completed by subject tot the withdrawal oft funding. SPECIAL CONSIDERATIONS BY DEPARTMENT:  c) Right-of-Way requirements identified and provided tot the Department by  Ifthis schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is  The Department will provide concurrence to advertise for construction to the Recipient after final plans and construction The Department willi issue al Letter of Concurrence for construction and CEI to the Recipient after bid tabulations have  estimate, and all necessary certifications have been reviewed and approved.  been reviewed and approved.  Page 2 of2    AltF Form 525-010-40B  STATEOFFLORIDAI DEPARTMENT OFT TRANSPORTATION LOCAL. AGENCY PROGRAM AGREEMENT SCHEDULE OF FINANCIAL ASSISTANCE  525-011-0B MANAGEMENT PROGRAM 8/21 Page1 1of1  EXHIBIT B  RECIPIENT NAME & BILLING ADDRESS: City of Callaway 6601 East Highway 22 Callaway, Florida 32404  FINANCIAL PROJECT NUMBER: 449918-1-38-01  MAXIMUM PARTICIPATION (2) LOCALFUNDS  (1). TOTAL PROJECTFUNDS $64.000.00  (3) $. $ $ 0.00  (4) $64.000.00 $64,000.00  PHASE OF WORK By Fiscal Year (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program Name) (Insert Program! Name) (Insert Program! Name) (Insert Program! Name) (Insert Program Name)  STATE FUNDS FEDERALFUNDS  Design- Phase 38 EY: 2025 (TA) FY: FY: Right-of-Way- Phase 48 FY: FY: FY: Construction- Phase 58 FY: FY: FY: FY: FY: FY: KInsert Phase) FY: FY: FY:  Total Design Cost $64,000.00  $ 0.00  Total Right-of-Way Cost $ 0.00  $ 0.00  $ 0.00  $ 0.00  Total Construction Cost $ 0.00  $ 0.00  $ 0.00 $ $ 0.00  $ 0.00  Construction Engineering: and Inspection (CEI)- Phase 68  Total CEI Cost $ 0.00  0.00 ) $0 0.00 $ 0.00  $ 0.00  Total Phase Costs $ 0.00  $ 0.00 $ 0.00  $ 0.00 $64,000.00  TOTAL COST OF THE PROJECT $64,000.00  COST ANALYSIS CERTIFICATION. AS REQUIREDI BY SECTION: 216.3475, FLORIDA STATUTES: Section 216.3475, F.S. Documentation is onf file evidencing the methodology used and the conclusions reached.  I'certify that the cost for each line item budget category has been evaluated: and determined to be allowable, reasonable, and necessary as required by  Maria Showalter - Local Programs Administrator  District Grant Manager Name  Signature  Date    AltF Form 525-010-40C  STATE OFF FLORIDAD DEPARTMENT OFT TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  525-011-0C MANAGEMENT PROGRAM 05/21 Page1of2  EXHIBIT C TITLE VI ASSURANCES  During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in (1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein (2.) Nondiscrimination: The Contractor, with regard to the work performed byi it during the contract, shall not discriminate ont the basis ofrace, color, national origin, ors sexi int the selection and retention ofsub- contractors, including procurements of materials and leases ofe equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the contract covers a program set forth in (3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under sub-contract, including procurements of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor oft the contractor's obligations under this contract and the REGULATIONS relative tor nondiscrimination on the basis of race, color, (4.) Information and Reports: The contractor shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Florida Department of Transportation or the Federal Highway Administration, Federal Transit Administration, Federal, Aviation. Administration, and Federal Motor Carrier Safety Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Florida Department of Transportation, or the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration as appropriate, (5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose such contract sanctions as it ort the Federal Highway Administration, Federal Transit Administration,  interest (hereinafter collectively referred to as the' contractor") agrees as follows:  incorporated by reference and made ap part of this contract.  Appendix B of the REGULATIONS.  national origin, or sex.  and shall set forth what efforts it has made to obtain the information.  Federal Aviation Administration, or    525-011-0C PROGRAMI MANAGEMENT 05/21 Page2of2  Federal Motor Carrier Safety Administration may determine to be appropriate, including, but notl limited  to: a. b.  withholding of payments to the contractor under the contract until the contractor cancellation, termination or suspension of the contract, in whole or in part.  complies, and/or  (6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)t through (7)ir in every sub-contract, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contract or procurement as the Florida Department of Transportation or the Federal Highway Administration, Federal Transit. Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request the Florida Department of Transportation to enteri into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the contractor may request the United States to enter into (7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of 1964 (42. U.S.C. S 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. S4 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. S 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. $794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. $61016 et seq.), (prohibits discrimination ont the! basis ofa age); Airport and Airway Improvement. Act of 1982, (49 USC $471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability ofl Title VI oft the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 oft the Rehabilitation Act of 1973, by expanding the definition of the terms' programs or activities" toi include all oft the programs or activities oft the Federal-aid recipients, suD-recipients and contractors, whether such programs or activities are Federally funded or not); Titles Il and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. SS 12131 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and: 38; The Federal Aviation Administration's Non-discrimination: statute (49 U.S.C. $47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non- discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because ofl limited English proficiency (LEP). To ensure compliance with Title VI, your must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 740871 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating  such litigation top protect the interests of the United States.  because of sexi ine education programs or activities (20 U.S.C. 1681 et seq).    AItF Form 525-010-40D  STATEOFF FLORIDAD DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM. AGREEMENT  525-011-0D PROGRAMN MANAGEMENT 05/21 Page1of1  EXHIBIT D RECIPIENT RESOLUTION  The Recipient's Resolution authorizing entry into this Agreement is attached and incorporated into this  Agreement.    AltF Form 525-010-40E  STATE OFF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  525-011-0E PROGRAM MANAGEMENT 11/22 Page1of1  EXHIBIT E  FEDERAL FINANCIAL ASSISTANCE (SINGLE AUDIT ACT)  FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:  CFDA No.: 20.205  CFDA Title: Highway Planning and Construction  Federal-Aid Highway Program, Federal Lands Highway Program  CFDA Program htpsilbeta.sam.sova/08372s)16c.409a8as0lc78lser2eMaw7kewords-20.205sorte:  Site: levanesindexectass: activestrueSpagesl Awarding Florida Department of Transportation  Award Amount: $64,000.00 Agency: Award is for No R&D: Indirect Cost N/A Rate: FOLLOWING: Awards  FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE 2CFR Part 200- Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE  tp/www.ecf.govi-pntex-eyngde-21.1221  FOLLOWING:  Title 23 - Highways, United States Code nttp/uscode.house.govbrowselprelm@tte238edition-prelim Title 49 - Transportation, United States Code http:/luscode. hoasovtoasenelimdteimalteBadtoneprein ntps/Mow.congrescoVtGPMIZHNZSHBLIS-17m3Bemcrdr Federal Highway Administration - Florida Division PAAadaIGONITSNA htps/www.fsrs.gov  Infrastructure Investment and. Jobs Act (IIJA) (Public Law 117-58, alsol known as the" Bipartisan Infrastructure Law")  Federal Funding Accountability and Transparency Act (FFATA) Sub-award Reporting System (FSRS)    AltF Form5 525-010-40F  STATEOFF FLORIDADEPARIMENT: OF1 TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT  525-011-OF MANAGEMENT PROGRAM 04/24 Page1of2  EXHIBIT F  CONTRACT PAYMENT REQUIREMENTS Cost Reimbursement Contracts  Florida Department of Financial Services, Reference Guide for State Expenditures Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly Listed below are types and examples of supporting documentation for cost Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. Ifan individual for whom reimbursement is being claimed is paid by the hour, a document Fringe benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. Ift the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of Travel: Reimbursement for travel must be in accordance with S. 112.061, F.S., which includes submission of the claim on the approved state travel voucher along with Other direct costs: Reimbursement will be made based on paid invoices/receipts and proof of payment processing canceledprocessed checks and bank statements). If nonexpendable property is purchased using state funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with DMS Rule 60A-1.017,FA.C. regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in S. 273.02, F.S., for Indirect costs: If the contract stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for  related to the services being provided. reimbursement agreements:  reflecting the hours worked times the rate of pay will be acceptable.  checks for fringe benefits.  supporting receipts and invoices.  subsequent transfer to the State.  reasonableness and for allowability and must be allocated consistently.    Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be ini the form ofFLAIR reports The Florida Department of Financial Services, online Reference Guide for State https/www.myforidacfo.com/docs-staccounting-and-audtinge-lbraries/state:  or other detailed reports.  Expenditures can be found at this web address agencles/reference.qude-forstale-expenditures.pd:    Agenda Item #  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: OCTOBER 8, 2024  ITEM: DISCUSSION- SOLID WASTE 1. PLACED ON AGENDA BY: BOB PELLETIER, COMMISSIONER  2. AGENDA: PRESENTATION PUBLICHEARING OLDI BUSINESS REGULAR  3. ISTHIS ITEMI BUDGETED (IF APPLICABLE): YES Nol  N/A  4. BACKGROUND: (WHY,WHAT.WIO. WHERE, WHEN, HOW,& IDENTIFY ALLATTACHMENTS)  COMMISSIONER PELLETIER REQUESTS TOI DISCUSS CONTRACTING OUT SOLID WASTE.  ATTACHMENTS:  SOLID WASTE CONTRACT SOLID WASTE BUDGET  5. REQUESTED MOTION/ACTION: DISCUSSIONDIRECTION TO STAFF    Redmond's Inc. 8115 N Lagoon Dr. Panama City Beach, FL32408 (850) 249-2644 Office  PROPOSAL FOR: City OfCallaway 6601 EHwy 22 Callaway F132401 Wel hereby propose: PROPOSED JOB SITE ABOVE.  JOB SITE:  LABOR EQUIPMENT AND MATERIALS TOCOMPLETE THE FOLLOWING ATTHE  1Load haul off and dispose of on site yard trash in 2 rows approx. 260' x 32'x 12' all labor and  disposal fees included $ 80,000.00  2A Additional yard trash that is removed beyond what is listed in line 1.will be charged at a rate of$  9.00 per cubic yard including loading hauling and disposal cost.  PRICE QUOTE:  Wej propose to provide labor, equipment and materials according to the above specifications for a total sum above. Payments, will be made according to work accomplished. All work guaranteed to be as specified and will be completed in a timely and professional manner. Any alteration or change oft the above specifications creating extra cost will only be implemented with a written change order. All agreements continent of strikes, weather and other delays beyond our control. This proposal is subject toa acceptance within 30 days and is void thereafter at the option of the undersigned.  Date:  David Redmond authorized to  T  sas  Redmond's Inc.  Acceptance: Above proposal and price is accepted and payment will be made as outlined. Youare  -  Date: a/4/s    Linmaer Fe  AGREEMENT FOR CONTRACTOR SERVICES SOLID WASTE HAULING & DISPOSAL  BID NO.: PW2017-14  This Agreement made as of this 124h day of, December, 2017, by and between the City of Callaway, Florida (the "CITY"), and Redmond's Inc., authorized to do business in the State of Florida (the CONTRACTOR"). and whose address is 8606 Laird Street, Panama City Beach. In consideration of the mutual promises contained herein, the CITY and the CONTRACTOR  FL3 32408, Phone: (850)249-2644 Fax: (850)249-2645.  agree as follows: AKICLEI-SERVICES  The CONTRACTOR'S responsibility under this Agreement is to furnish, deliver, and construct all materials, labor, and equipment and to perform all operations in accordance with the plans and specifications and as listed in the Bid Form for BID NO.: PW2017-14 SOLID WASTE HAULING & Services of the CONTRACTOR shall be under the general direction of the CITY MANAGER, who may designate a person to act as the CITY'S representative (hereinafter REPRESENTATIVE) during the The CITY shall furnish to the CONTRACTOR up to four (4) sets of the Contract Documents for execution of the Work. Additional copies of the Contract Documents are available at the cost of  DISPOSAL.  performance oft this Agreement.  reproduction. AKTICIEZ-SCHEDULE  The term of this contract shall be for an initial one (I) year period, renewable annually for one-year (1- year) periods thereafter upon written consent of CONTRACTOR and approval by the Commission of the City of Callaway, along with any cost increases at that time, unless termination is initiated by either party  pursuant to Article 41 herein.  ARICE)-PAPMENISIO: CONTRACTOR  A. The CITY shall pay to the CONTRACTOR for services satisfactorily performed, the not-to- exceed amount of $59.92 per ton for material process, trucking, disposal fees and labor for debris disposal AND $125.97 per ton by for non-vegetative material (plastic, paper, rubber, construction debris, furniture, etc.). The CONTRACTOR willl bill the CITY monthly. B. The invoices received from the CONTRACTOR pursuant to this Agreement willl be reviewed and approved by the City Manager's office, indicating that services have been rendered in conformity with the Agreement, and then will be sent to the Finance Department for payment. The invoice must specify the work performed. Ten percent (10%) of each invoiced amount will be withheld and retained by the CITY until completion of the work to the satisfaction oft the CITY. Inc order for both parties herein to close their books and records, the CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S final/last billing to the CITY. This indicates that all services have been performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, any and other further charges if not properly included  :.  on this final invoice shall be waived by the CONTRACTOR.  Page 1 of9    D. CONTRACTOR acknowledges that it has reviewed the scope of work and inspected the work site and does not anticipate having any CONTRACTOR requested change orders.  ARTICLE4-TERMINATION  This Agreement may be terminated by the CONTRACTOR on 60 days prior written notice to the CITY in thee event ofs substantial failure by the CITY to perform in accordance with the terms hereof through noi fault of the CONTRACTOR. It may also be terminated by the CITY, with or without cause, immediately upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Agreement, the CONTRACTOR shall be paid for services rendered to the CITY'S satisfaction through the date of termination. After receipt of a termination notice and except as otherwise directed by the CITY the  CONTRACTOR shall:  A. Stop work on the date and to the extent specified.  B. Terminate and settle all orders and subcontracts relating tot the performance of thet terminated work. C. Transfer all work inj process, completed work, and other material related to thet terminated work to  the CITY.  D. Continue and complete all parts of the work that have not been terminated.  ARTICLE5- PERSONNEL  The CONTRACTOR represents thati itl has or will secure at its own expense all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any All oft thes services required herein under shall be performed by the CONTRACTOR or underi its supervision, and all personnel engaged inj performing the services shall be fully qualified and, if required, authorized or The CONTRACTOR warrants that all services shall be performed by skilled and competent personnel to  contractual relationship with the CITY.  permitted under State and local law to perform such services. the highest professional standards in the field. ARTICLE6-SUBCONTRACTING  The CITY reserves the right to accept the use of a subcontractor or to reject the selection ofa particular subcontractor and toi inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. The CONTRACTOR is encouraged to seek minority and women business enterprises for participation in subcontracting Ifa subcontractor fails to perform or make progress, as required by this Agreement, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do  opportunities.  so, subject to acceptance of the new subcontractor by the CITY. ARTICLE7-1 EDERALANDSTATEIAN respect to this Agreement and the personnel it employs.  The CONTRACTOR shall be responsible for payment ofi its own FICA and Social Security benefits with  2of9    ARTICLE8- = INSURANCE & BONDS  A. The CONTRACTOR shall not commence work under this Agreement until it has obtained all insurance and bonds required under this paragraph and such insurance has been verified by the B. All insurance policies shall be issued by companies authorized to do business under the laws oft the  CITY. State of Florida.  The CONTRACTOR shall maintain, during the life ofthis Agreement, comprehensive automobile liability insurance int the amount of$1,000,000: and $2,000,000 combined single limit for property damage and bodily injury liability covering claims which may arise from the ownership, use, or maintenance of owned and non-owned automobiles, including rented automobiles, whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. CONTRACTOR: shall purchase and maintain: aj policy or policies of commercial general liability insurance satisfactory in all respects to CITY, and casualty and extended coverage insurance. All policies shall be occurrence form policies and shall name CITY as an additional insured, with the premium thereon fully paid by CONTRACTOR on or before their due date. The general liability insurance policy shall afford minimum protection of $1,000,000 and $2,000,000 Required insurance shall be documented in Certificates of Insurance which provide that CITY: shall be notified at least 30 days in advance of cancellation, non-renewal or adverse change. New Certificates of Insurance are to be provided to CITY at least 15 days prior to coverage renewals. Ifrequested by CITY, CONTRACTOR shall furnish complete copies of its insurance policies, For commercial general liability coverage, CONTRACTOR shall, at the option of CITY, provide ani indication of the amount of claims, payments or reserves chargeable to the aggregate amount of Receipt ofcertificates or other documentation ofinsurance or policies or copies of policies by CITY, or by any of its representatives, which indicate less coverage than required does not constitute a waiver OfCONTRACTORS S obligation to fulfill the insurance requirements herein. CONTRACTOR shall also purchase and maintain workers compensation insurance for all obligations imposed by law, with employer's liability limits of at least thes statutory limit, or provide notarized affidavit of exemption listing relevant statutes. CONTRACTOR shall also purchase any CONTRACTOR'S maintenance of the insurance policies required hereunder shall not limit or Int thes eventt that a performance or payment bond is required duet to use of grant funds for the project, by City Commission or as otherwise required, the CONTRACTOR: shall not commence work under this Agreement until it has obtained the required bonds and provided such bonds to the CITY.  combined single limit coverage for bodily injury.  City ofCallaway, Florida is tol be named as an additional insured entity.  forms and endorsements. liability coverage.  other coverage required by law. otherwise affect its liability hereunder.  3of9    ARTICLE9- EXCUSABLE DELAYS  The CONTRACTOR shall not be considered in default by reason of any failure in performance ifs such failure arises out of causes reasonably beyond the CONTRACTOR'S control and without its fault or negligence. Such causes may include, but are not limited to: acts of God; the City's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. Iffailure to perform is caused by the failure of the CONTRACTOR'S: subcontractor(s) and is without the fault or negligence oft them, the CONTRACTOR shall not be deemed to be in default. Upon the CONTRACTOR'S request, the CITY shall consider thei facts ande extent of any failure to perform the work and, ift the CONTRACTOR: S failure to perform was without its fault or negligence as determined by the CITY, any affected provision of this Agreement shall be revised accordingly; subject to the CITY's  rights to change, terminate, or stop any or all of the work at any time.  ARTICLE: 10-1 LIQUIDATED DAMAGES  Liquidated damages shall be paid to the CITY at the rate of $200 per day for all work awarded under the contract until the work has been satisfactorily completed as provided by the Contract Documents. Sundays Iti is agreed that the amount is the per-diem rate for damage incurred by reason of failure to complete the work. The said amount is hereby agreed upon as the reasonable costs which may be accrued by the CITY after the expiration of thet time of completion. Iti is expressly understood and agreed that this amount is not to be considered in the nature of a penalty, but as liquidated damages which have accrued against the CONTRACTOR. The CITY shall have the right to deduct such damages from any amount due, ort thati may become due the CONTRACTOR, or the amount of such damages shall be due and collectable from the  and Legal Holidays shall be excluded in determining days in default.  CONTRACTOR or Surety. ARTICLEII-/ ARREARS  The CONTRACTOR shall not pledge the CITY'S credit or make it a guarantor of payment or surety for  any contract, debt, obligation, judgment, lien, or any form of indebtedness. ARTICLE 12-I DISCLOSURE AND OWNERSHIPOFI DOCUMENTS  The CONTRACTOR shall deliver to the CITY for approval and acceptance, and before being eligible for final payment of any amount due, all documents and materials prepared by and for the CITY under this All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONTRACTOR and will not be disclosed to any other party, directly or indirectly, without the CITY'S Suchi information and data shall be and will remain the CITY'S property and may be reproduced and reused All products generated by the CONTRACTOR for the CITY become the property oft the CITY. The CITY may require submission of any electronic file version of reports, data, maps, or other submission of documentation produced for or as aresult oft this project in addition to paper documents. The CITY and the CONTRACTOR shall comply with the provisions oft the Florida Public Records Law.  Agreement.  prior written consent. at the discretion of the CITY.  4of9    PUBLIC RECORDS LAW. CONTRACTOR acknowledges that it is familiar with the provisions of the CONTRACTOR agrees to comply with Chapter 119, Florida Statutes, and specifically per Florida Statute 119.0701, CONTRACTOR agrees to keep and maintain public records that would be required by the City of Callaway in order to perform the services provided for in this Agreement; CONTRACTOR agrees to provide public access to any required public records in the same manner as a public agency; CONTRACTOR agrees to protect exempt or confidential records from disclosure; CONTRACTOR agrees to meet public records retention requirement; and CONTRACTOR agrees that at the end of term of this Agreement, to transfer all public records to the City of Callaway and destroy any duplicate exempt or All products generated by the CONTRACTOR for the CITY become the property oft the CITY. The CITY may require submission of any electronic file version of reports, data, maps or other submission of documentation produced for or as ar result of this Bid/Proposal in addition to paper documents. Further, in accordance with the Public Records Laws of the State of Florida, Section 119.0701, (2013). A. Keep and maintain public records that ordinarily and necessarily would be required by the public B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at ac cost that does not exceed the cost provided in this chapter C. Ensure that public records that are exempt or confidential and exempt from public records are not D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public record disclosure requirements. All records stored electronically must be provided to the public agency inat format that is compatible with the information technology systems of the public agency. E. If an CONTRACTOR does not comply with a public records request, the public agency shall All covenants, agreements, representations, and warranties made herein, or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery ofthis Agreement andt the consummation Ifthe CONTRACTOR has questions regarding the application of Chapter 119, Florida Statutes, to the CONTRACTORS duty to provide public records relating to this contract, contact the custodian of public records, Janice Peters, City Clerk, at 850-215-6694, by email at peterscityofcallaway.com, or via  Public Records Law of the State of Florida.  confidential public records.  CONTRACTOR must:  agency in order toj perform the service. oras otherwise provided by law. disclosed except as authorized by law.  enforce the contract provision in accordance with the contract.  ofthe transactions contemplated hereby.  mail, at 6601 E. Hwy. 22, Callaway, FL 32404.  5of9    ARTICLE 13- INDEPENDENT CONTRACTOR RELATIONSHIP  The CONTRACTOR is, and shall be, in the performance of all work services and activities under this Agreement, an independent CONTRACTOR, and not an employee, agent, or servant of the CITY. All persons engaged in any oft the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the CONTRACTOR'S sole direction, supervision, and control. The CONTRACTOR shall exercise control over the means and manner in which it and its employees perform the work, andi in all respects the CONTRACTOR'S: relationship andt the relationship ofi its employees tot the CITY shall be that of an independent CONTRACTOR and not as employees or agents oft the CITY. The CONTRACTOR does not have the power or authority to bind the CITY in any promise, agreement or  representation.  ARTICUE-CONTRACT ASSIGNMENT  The CONTRACTOR shall not sublet, sell, transfer, assign or otherwise dispose of the CONTRACTO or any portion thereof, or of his right, title, or interest therein, without written consent of the CITY. The CONTRACTOR shall complete the work contemplated by the terms and conditions of this Agreement in an amount equivalent to at least 50 percent (50%) of the dollar value of work to be performed under this Contract utilizing its own business or corporate entity, sO that no single labor, material man, or subcontractor shall be permitted to perform more than 50% of the work contemplated by this Contract. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by a written instrument executed by the parties hereto.  ARTICLE 15- AMENDMENT  ARTICLE 16- ENFORCEMENTCOSTS  Ifany legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provision, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or  parties may be entitled.  ARTICLE 17- AUTHORITY TO PRACTICE  The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in  areputable manner. ARTICLE 18- SEVERABILITY  Ifany term or provision on this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the appliçation ofs such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term andj provision of this Agreement shall be deemed  valid and enforceable tot the extent permitted by law.  6of9    ARTICLE 19- CITY'S REPRESENTATIVE AND AUTHORITY  The person designated by the CITY MANAGER shall serve as the CITY'S REPRESENTATIVE and shall decide questions which may arise ast to quality and acceptability ofmaterials furnished and work performed, and shall interpret the intent of the Contract Documents with reasonable promptness. The REPRESENTATIVE will not be responsible for the construction means, controls, techniques, The REPRESENTATIVE may assign Project Inspector(s) who shall serve to assist the REPRESENTATIVE in determining if the work performed and the materials used meet the Contract requirements. The Project Inspector shall be authorized to issue Field Orders. The Project Inspector shall be authorized to stop all or any portion oft the work ifi in his opinion the work is not proceeding according  sequences, procedures, or construction safety.  tot the requirements of the plans and specifications. ARTICLE20- MODIFICATION  The CITY reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the CONTRACTOR of the CITY'S notification of a contemplated change, the CONTRACTOR: shal(Difrequested! Iby CITY, provide an estimate for the increase or decrease inc cost due tot the contemplated change, (2) notify the CITYofanys estimated changei int the completion date, and (3) advise the CITY in writing ift the contemplated change shall affect the CONTRACTOR'S: ability to If the CITY sO instructs in writing, the CONTRACTOR shall suspend work on that portion of the work affected by a contemplated change, pending the CITY'S decision to proceed with the change. Ifthe CITY elects to make the change, the CITY shall issue a contract amendment or change order and the CONTRACTOR shall not commence work on any such change until such written amendment or change  meet the completion dates or schedules of this Agreement.  order has been issued and signed by each of the parties. ARTICLE21- - CONTRACT DOCUMENTS  The other documents which comprise the entire Agreement are attached hereto, made a part hereof and  consist of the following:  A. Advertisement for Bids, B. Special Instructions and Conditions, C. General Instructions and Conditions, D. Minimum Technical Specifications, Bid Certification Form Drug-Free Workplace Certification Public Entity Crimes Statement, G. Addendums (ifany). H. Performance & Payments Bonds (ifr required). Change Orders (ifany).  E. Bid Forms  I.  Int the event of a conflict between the terms of the above documents and the terms of this Agreement, the  terms of this Agreement shall prevail.  7of9    There are no contract documents other than those listed above and there are no promises or understandings  other than those stated herein. ARTICLE72-VENUE  All applicable laws, regulations and ordinances oft the State of Florida, Bay County andt the City ofCallaway will apply to consideration and award of any Bid/Proposal and the performance of the bidder/proposal pursuant thereto, and shall be governed by the laws of the State of Florida both as to intention and performance. The venue for any action arising from the award or subsequent performance shall lie exclusively int the Circuit Court ofl Bay County, Florida, or the United States District Court for the Northern  District of Florida, as applicable. ARTICUEZS-NOTICE to the CITY shall be mailed to: City ofCallaway 6601 East Hwy.22 Callaway, Florida 32404 Attention: Janice L. Peters, City Clerk Phone: (850)215-6694 Fax: (850)8 871-2224 Email: itm@ciyorclawycon Withacopy to: Kevin D. Obos, Esq. City Attorney  All notices required in this Agreement shall be sent by certified mail, return receipt requested, andi if sent  Harrison Sale McCloy P.O. Drawer 1579 Panama City, FL 32402 Phone: (850) 769-3434 Fax: (850) 769-6121  and if sent to the CONTRACTOR shall be mailed to:  Redmond's Inc. 8115 NI Lagoon Dr Panama City Beach, FL 32408  Either party may change its address noted above by giving written notice to the other party in accordance  with the requirements of the Section.  8of9    This Agreement is entered into as of the day and year first written above and is executed in at least two original copies of which one is to be delivered to the CONTRACTOR. and one to the CITY CLERK for  filingi int the official records. CITYCLERK Attest:  CITY OF CALLAWAY,FLORIDA "hultnaa 71 Pamn Henderson, Mayor  a Janice L. Peters, MMC City Clerk  CONTRACTOR Witnesses: (2REQUIRED) Witness: Carolyn Redmond Name Signature  CONTRACTOR: Redmond's Inc. Business Name By:, Signature Jonathan Redmond President Print Name and Title  CauupRumsel  IA  Witness:  Signature  S  APPROVED ASTOF FORMI FOR THE RELIANCE OF THE CITY OF CALLAWAYONLY: R  KEVIND. OBOS, HARRISON! SALE MCCLOY  CITY ATTORNEY  9of9    EEEIEEE  88  60  E  d1:e 18    dee  8888  831838888 00  8  2  85 88E  3888  388 d01 88888 98 s  888        Agenda Item #  CITY OF CALLAWAY BOARD OF COMMISSIONERS AGENDA ITEM SUMMARY  DATE: OCTOBER 8. 2024  ITEM: SURPLUS OF BYPASS PUMPS #1 111 AND 118  1. PLACED ON AGENDA BY: Eddie Cook, City Manager Bill Frye, Public Works Director  2. AGENDA: PRESENTATION PUBLIC HEARING OLDI BUSINESS REGULAR  &  3. Is THIS ITEM BUDGETED (IF APPLICABLE)7: YES No!  NA  4. BACKGROUND: (WHY, WHAT, WHO, WHERE, WHEN, HOW, & IDENTIFY ALLATTACHMENTS)  These two bypass pumps are beyond operational life. They have been replaced by newer, self- priming, more advanced pumps with float systems and computer assisted panels to insure proper use and maintenance. Both pumps are manual and need constant supervision while in operation.  They are at life end and will still have some value at auction.  ATTACHMENTS: Bypass Information and pictures.  5. REQUESTED MOTION/ACTION: APPROVE SURPLUS OF BYPASS PUMPS #111 &#118    City of Callaway 6623 Omoko St Callaway, FI 32404 USA Phone: 850-871-1780 Fax: 850-871-2416 Unit Information  Equip Num  111  Dato 9/13/2024  Equip Desc Thompson Pump- 4V-212 General Information Location Department Or Area 535 Sewer Type Make Model Year Vin# Engine Type Condition  Yard Trailer Thompson 4V-212 1996 S/N 002009077 Duetz Good  Date Aclivated Date Inactivated Fuel Type Default MPG Capital Equip# 10267 Purchase Order# Lease Or Own Owner  Purchase Date Purchase Price $0.00 PM Based On Hours AND Days Number Of Axles 0 Number Seats 0 Fuel/Gas Card# # Tire Size(s)  Diesel  0  License Information License Number Base State/Province Renewal Date MVTI Renewal Date HUT Renewal Date Equipped With LiftA Axle Equipped 2Axle Truck Pulls Trailer 2A Axle Truck Pulls 5th Wheel  Odometer! Hours Information Beginning Odometer Current Odometer Current Odometer Date 4/21/2009 Beginning Hours Current Hours Current Hours Date 4/6/2017 Intra State Unit Reefer/ PTO Equipped: Unit Hauli  Fixed Yearly Costs Depreciation $O.00 LicenseFees $0.00 InsuranceAmt $0.00 Other Fixed Cost $0.00  XB4405  149 874  Weights Combined Gross Weight 0 Licensed/Gross' Weight 0 Unladen' Weight  0    City of Callaway 6623 Omoko St Callaway, Fl 32404 USA Phone: 850-871-1780 Fax: 850-871-2416 Unit Information  Equip Num  118  Date 9/13/2024  Equip Desc '01 Thompson Pump General Information Location Department Or Area 535 Sewer Type Make Model Year Vin# Engine Type Condition  Yard Trailer Thompson 2001 1798715142P634093 4.5L John Deere Good  Date Activated Date Inactivated Fuel Type Default MPG Capital Equip# 10268 Purchase Order#f Lease Or Own Owner  Purchase Date Purchase Price $0.00 PMI Based On Hours ANDI Days Number OfA Axles 0 Number Seats 0 Fuel/Gas Card# # Tire Size(s)  Diesel  0  License Information License Number Base State/Province Renewal Date MVT Renewal Date HUT Renewal Date Equipped With Lift Axle Equipped 2Axle Truck Pulls Trailer 2Axle Truck Pulls 5th Wheel  Odometer! Hours Information Beginning Odometer Current Odometer Current Odometer Date Beginning Hours Current Hours Current Hours Date 1/21/2016 Intra State Unit Reeferl PTO Equipped: Unit Hauli  Fixed Yearly Costs Depreciation $0.00 LicenseFees $0.00 InsuranceAmt $0.00 Other Fixed Cost $0.00  FL204983  257 403  Weights Combined Gross Weight 0 Licensed/Gross Weight 0 Unladen Weight  0    AL-30-201 THIL 02:41 PM THOMPSON PIIMP & MFG. GO FAX NO. 9047810382  P. 02  CHhye  +18  rstces  CERUIFICAIEOFORIGINEORAVEHICLE  OATE.  INVCICENS MANE ThARERR 35001hs. SEFIESCRMOCEL 6ISC-DIDST-40A3D 6TSC-092  August 1, 2001 THOMPSON  PUMPEI MANUFACTURING Co., INC. VEAR CORILeER John Deers 4045D NGCYLS 4  VEMICLS DENTIFICATIONT NO 179B715142F834093 Trailer 50  GVWR.  Ithou uderignede Bulnarizod rocignntatve CI me cumpany rmo ar cciporadon nanec saicw. liersuy wlily tetw Iha ner enicle daorbad. aseve iihar mpany al: momaic: ancany famae cocarton anau uiandlored ant ves scove dais: andu under hainvaics Numcar ncicsledi lo 79.qwing  daalor. NAME OF CISTRISUTOA, CEALER, ETS. City uf Calloway  6601 F.. Highway 22/Calloway, FL 32404 iishrther: sertfes: thai niwasto frsuantlar: 3laucna newvens'an -3nsyvada arc aonmara  Patty.Davis rlui BCMAVEGFImONZST ACTEPATIVE DGENT POrL Orange, FL  CIV.STATE  9 a  Recoivac 03-30-2001 01:47pm Fron-9047510352  To-Callaway Fublic Work Page 092            Agenda Item #  City of Callaway Board of Commissioners  Agenda Item Summary  October 8, 2024  Extension for Development Order - Tyndall Town Center Apartments, 918 N. Tyndall Pkwy.  PLACED ON AGENDA BY: Ed Cook, City Manager  AGENDA: PRESENTATION PUBLIC HEARING CONSENT REGULAR  &  Bill Frye, Director of Public Works & Planning  1. IS THIS ITEMI BUDGETED (IF APPLICABLE)?: YESDNoD  N/A  2. BACKGROUND: (WHY.WHAT.WHO.W WHERE, WHEN, HOW, & IDENTIFY ALL ATTACHMENTS)  On December 19, 2023, Commission approved the Development Order for Tyndall Town Center Apartments. The Development Order will expire December 19, 2025. The Developer has requested an extension with a new  expiration date of December 19, 2027.  Attachments:  Letter from Christopher H. Lee, Chie Legal Officer for The Klotz Group of Companies  Vicinity Map  3. REQUESTED MOTION/ACTION:  Staff recommends approval of the Development Order extension for the Tyndall Town Center Apartments    - - EKLOTZ GROUP OF COMPANIES Christopher H. Lee, Esq. ChiefLegal Officer 6451 Mayport Road, Suite 5 Atlantic Beach, Florida32233 Office: (904)247-5334 ext. 338 E-mail: e@me.orzompamiescon  September 30, 2024  Via Email Only Bill Frye Director of Public Works & Planning City of Callaway 6601 East Highway 22 Callaway, FL 32404 wiye@ctyotalawaycom  Re: Request for Time Extension Utilizing Executive Order 24-157  Tyndall Town Acquisition, LLC Tyndall Town Center Apartments Development Order 2023-04  Dear Mr. Frye,  On August 2, 2024, Governor DeSantis issued Executive Order 24-157 ("Executive Order"), which was an amendment to Executive Order 24-156 declaring a state of Pursuant to the Governor's issuance of the Executive Order, Tyndall Town Acquisition, LLC respectfully requests that the above referenced development order be extended two years pursuant to Fla. Stat. S 252.363(1), from December 19, 2025 to December 19, 2027. Please do not hesitate to contact me directly should you have any questions or concerns.  emergency in 61 counties related to the impact ofInvest 97L.  Sincerely, CRB Christopher H.J Lee ChiefLegal Officer Cc: Ronald F. Buckley William Thompson, P.E. 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