COOPERATIVE FUNDING AGREEMENT FOR CLEARWATER TROPIC HILLS DRAINAGE IMPROVEMENTS (W280)AGREEMENT NO. 09CS0000022
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR
CLEARWATER TROPIC HILLS DRAINAGE IMPROVEMENTS (W280)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between
the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the
State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for
itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred
to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State
of Florida, whose address is 100 South Myrtle Avenue, Suite 220, Clearwater, Florida 33756,
hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under
the DISTRICT'S cooperative funding program; and
WHEREAS, the project consists of implementation of best management practices (BMPS) in
the Tropic Hills downstream drainage channel between U.S. 19 and Tampa Bay, hereinafter
referred to as the "PROJECT"; and
WHEREAS, the CITY has invited the DISTRICT to review and comment on design and
permit documents during design phases of the PROJECT; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the
CITY in funding the PROJECT; and
WHEREAS, DISTRICT funding for the PROJECT includes funds from the Ecosystems
Management and Restoration Trust Fund, Florida Department of Environmental Protection
(FDEP), Catalog of State Financial Assistance number CSFA 37.039.
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set
forth below as its respective Project Manager. Project Managers will assist with
PROJECT coordination and will be each party's prime contact person. Notices and
reports will be sent to the attention of each party's Project Manager by U.S. mail,
postage paid, to the parties' addresses as set forth below:
Page 1 of 8
Project Manager for the DISTRICT:
Nancy T. Norton, P.E.
Southwest Florida Water Management District
7601 U.S. Highway 301 North
Tampa, Florida 33637
Project Manager for the CITY:
Phuong Vo
City of Clearwater
Municipal Services Building
100 South Myrtle Avenue, Suite 220
Clearwater, Florida 33756
Any changes to the above representatives or addresses must be provided to the other
party in writing.
1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to
extend a PROJECT task deadline set forth in this Agreement. Such approval must
be in writing, explain the reason for the extension and be signed by the Project
Manager and his or her Department Director, or Deputy Executive Director if the
Department Director is the Project Manager. The DISTRICT'S Project Manager is
not authorized to approve any time extension which will result in an increased cost
to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4,
Contract Period.
1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the
Project Budget contained in the Proposed Project Plan set forth in Exhibit "B" or, if
applicable, the refined budget as set forth in Paragraph 3.2 below. The adjustment
must be in writing, explain the reason for the adjustment, and be signed by the
Project Manager, his or her Department Director and Deputy Executive Director.
The DISTRICT'S Project Manager is not authorized to make changes to the Scope
of Work and is not authorized to approve any increase in the not-to-exceed amount
set forth in the funding section of this Agreement.
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY agrees to perform the services necessary to complete the PROJECT in
accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and
the CITY'S Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of
Work and associated costs, except as provided herein, must be mutually agreed to in a
formal written amendment approved by the DISTRICT and the CITY prior to being
performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY
will be solely responsible for managing the PROJECT, including the hiring and
supervising of any contractors it engages in order to complete the PROJECT.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Million
Five Hundred Thousand Dollars ($2,500,000). The DISTRICT agrees to fund PROJECT
costs up to One Million Two Hundred Fifty Thousand Dollars ($1,250,000) and will have
no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund
PROJECT costs up to One Million Two Hundred Fifty Thousand Dollars ($1,250,000)
and will be responsible for all costs in excess of the anticipated total PROJECT cost.
The CITY will be the lead party to this Agreement and pay PROJECT costs prior to
requesting reimbursement from the DISTRICT.
3.1 Any state or federal appropriations or grant monies received by the CITY for this
PROJECT will be applied. to equally reduce each party's share of PROJECT costs.
Page 2 of 8
The CITY will provide the DISTRICT with written documentation detailing its
allocation of any such funds appropriated for this PROJECT. In the event the
DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share
after all state and federal appropriations, and grant monies have been applied as
set forth herein, CITY will promptly refund such overpaid amounts to the
DISTRICT. This paragraph will survive the expiration or termination of this
Agreement.
3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT
costs in accordance with the Project Budget contained in the Proposed Project
Plan set forth in Exhibit "B," subject to Paragraphs 3.1 and 3.6. The CITY may
contract with a contractor(s) in accordance with the Special Project Terms and.
Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget
amounts for the work set forth in such contract(s) will refine the amounts set forth in
the Project Budget and be incorporated herein by reference. The DISTRICT will
reimburse the CITY for 50 percent of all allowable costs in each DISTRICT
approved invoice received from the CITY, but at no point in time will the
DISTRICT'S expenditure amount under this Agreement exceed expenditures made
by the CITY. Payment will be made to the CITY in accordance with the Local
Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes (F.S.),
upon receipt of an invoice, with the appropriate support documentation, which will
be submitted to the DISTRICT monthly at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.3 The Project Budget includes any travel expenses which may be authorized under
this Agreement and reimbursement will be paid in accordance with Section
112.061, F.S., and District Procedure 13-5, attached hereto as Exhibit "C," as both
may be amended from time to time.
3.4 The CITY will not use any DISTRICT funds for any purposes not specifically
identified in Paragraph 2, Scope of Work.
3.5 Each CITY invoice must include the following certification, and the CITY hereby
delegates authority by virtue of this Agreement to its Project Manager to affirm said
certification:
"I hereby certify that the costs requested for reimbursement and the CITY'S
matching funds, as represented in this invoice, are directly related to the
performance under the Clearwater Tropic Hills Drainage Improvement (W280)
agreement between the Southwest Florida Water Management District and the
City of Clearwater (Agreement No. 09CS0000022), are allowable, allocable,
properly documented, and are in accordance with the approved project budget."
Page 3 of 8
3.6 The DISTRICT'S performance and payment pursuant to this Agreement are
contingent upon the DISTRICT'S Governing Board appropriating funds for the
PROJECT.
4. FLORIDA SINGLE AUDIT ACT. Funding for this Agreement includes state financial
assistance and is therefore subject to the Florida Single Audit Act (FSAA), Section
215.97, F.S. The CITY is a subrecipient of state financial assistance under this
Agreement and therefore may be subject to audits and monitoring as described in the
Special Audit Requirements set forth in Exhibit "D." The CITY must also use the Florida
Single Audit Act Checklist For Non-State Organizations - Recipient/Subrecipient vs.
Vendor Determination (Attachment 2 of Exhibit "D"), to evaluate the applicability of the
FSAA to non-state organizations to which the CITY provides State resources to assist in
carrying out activities related to this Agreement.
5. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties
and will remain in effect through July 31, 2011, unless terminated, pursuant to
Paragraph 10 below, or amended in writing by the parties.
6. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the
other party to examine or audit all PROJECT related records and documents during or
following completion of the PROJECT. Each party will maintain all such records and
documents for at least five (5) years following completion of the PROJECT. All records
and documents generated or received by either party in relation to the PROJECT are
subject to the Public Records Act, Chapter 119, F.S.
7. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates,. programs, manuals, specifications, and all goods or
products, including intellectual property and rights thereto, purchased under this
Agreement with DISTRICT funds or developed in connection with this Agreement will be
and will remain the property of the DISTRICT and the CITY, jointly.
8. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports,
models, studies, maps or other documents resulting from the PROJECT. Additionally,
two (2) sets, electronic and hardcopy, of any final reports must be submitted to the
DISTRICT as Record and Library copies.
9. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the
extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense,
including attorney fees and costs and attorney fees and costs on appeal, arising from
the negligent acts or omissions of the indemnifying party's officers, employees,
contractors and agents related to its performance under this Agreement. This provision
does not constitute a waiver of either party's sovereign immunity under Section 768.28,
F.S. or extend either party's liability beyond the limits established in Section 768.28, F.S.
10. DEFAULT. Either party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, as long as the terminating party is
not in default of any term or condition of this Agreement at the time of termination. To
effect termination, the terminating party will provide the defaulting party with a written
"Notice of Termination" stating its intent to terminate and describing all terms and
Page 4 of 8
conditions with which the defaulting party has failed to comply. If the defaulting party
has not remedied its default within thirty (30) days after receiving the Notice of
Termination, this Agreement will automatically terminate.
11. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written
media interviews or issue press releases on or about the PROJECT without providing
advance notices or copies to the other party. This provision will not be construed as
preventing the parties from complying with the public records disclosure laws set forth in
Chapter 119, F.S.
12. DISTRICT RECOGNITION. The CITY will recognize DISTRICT and Basin Board
funding in any reports, models, studies, maps or other documents resulting from this
Agreement, and the form of said recognition will be subject to DISTRICT approval. If
construction is involved, the CITY will provide signage at the PROJECT site that
recognizes funding for this PROJECT provided by the DISTRICT and the Basin Board.
All signage must meet with DISTRICT written approval as to form, content and location,
and must be in accordance with local sign ordinances.
13. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits, local
government approvals and all real property rights necessary to complete the PROJECT
prior to commencing any construction involved in the PROJECT. The DISTRICT will
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained such permits and rights and construction has commenced.
14. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local
laws, rules, regulations and guidelines, related to performance under this Agreement.
15. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves
design services, the CITY'S professional designers and the DISTRICT'S regulation and
projects staff will meet regularly during the PROJECT design to discuss ways of
ensuring that the final design for the proposed PROJECT technically complies with all
applicable DISTRICT rules and regulations.
16. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is
committed to supplier diversity in the performance of all contracts associated with
DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make
good faith efforts to encourage the participation of minority owned and woman owned
and small business enterprises, both as prime contractors and sub-contractors, in the
performance of this Agreement, in accordance with applicable laws.
16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the
cooperator in ensuring that minority owned and woman owned and small
businesses are afforded an opportunity to participate in the performance of this
Agreement.
16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors
and sub-contractors who performed work in association with the PROJECT, the
amount spent with each contractor or sub-contractor, and to the extent such
information is known, whether each contractor or sub-contractor was, a minority
Page 5 of 8
owned or woman owned or small business enterprise. If no minority owned or
woman owned or small business enterprises were used in the performance of this
Agreement, then the report shall so indicate. The Minority/Women Owned and
Small Business Utilization Report form is attached as Exhibit "E." The report is
required upon final completion of the PROJECT prior to final payment, or within
thirty (30) days of the execution of any amendment that increases PROJECT
funding, for information up to the date of the amendment and prior to the
disbursement of any additional funds by the DISTRICT.
17. ASSIGNMENT. No party may assign any of its rights under this Agreement, including
any operation or maintenance duties related to the PROJECT, voluntarily or
involuntarily, whether by merger, consolidation, dissolution, operation of law, or any
other manner without the prior written consent of the other party. In the event of any
purported assignment of rights in violation of this section, the parties agree that this
Agreement shall terminate and is void.
18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be
implied to create, any relationship between the DISTRICT and any subcontractor of the
CITY.
19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit
any person or entity not a party to this Agreement.
20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby
prohibited from using funds provided by this Agreement for the purpose of lobbying the
Legislature, the judicial branch or a state agency.
21. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person
or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid, proposal, or reply on a contract to provide any
goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies 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, F.S.,
for Category Two, for a period of 36 months following the date of being placed on the
convicted vendor list. CITY agrees to include this provision in all subcontracts issued as
a result of this Agreement.
22. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate
who has been placed on the discriminatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services to a public entity; may not submit a
bid, proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit bids, proposals, or replies 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. CITY agrees to include this provision in all
subcontracts issued as a result of this Agreement.
Page 6of8
23. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below
constitute the entire agreement between the parties and, unless otherwise provided
herein, may be amended only in writing, signed by all parties to this Agreement.
24. DOCUMENTS. The following documents are attached and made a part of this
Agreement. In the event of a conflict of contract terminology, priority will first be given to
the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," then
to Exhibit "D," then to Exhibit "B," and then to Exhibit "E."
Exhibit "A" Special Project Terms and Conditions
Exhibit "B" CITY'S Proposed Project Plan
Exhibit "C" District Travel Procedure 13-5
Exhibit "D" Special Audit Requirements
Exhibit "E" Minority/Women Owned and Small Business Utilization Report Form
The remainder of this page intentionally left blank.
Page 7 of 8
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed
this Agreement on the day and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By
'1-Zoo IT
David L. Moore, Executive Director
CITY OF CLEARWATER
By:
Frank V. Hibbard, Mayor
By:
William B. Horne II, City Manager
Date
Date
Attest, y?p?oF rn?G,/?
I/-
.
ynt Goudeau, City lerk Date s
Appr ved as to form:
r
Leslie K. Dougal des Date
Assistant City A ey
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CLEARWATER TROPIC HILLS DRAINAGE IMPROVEMENTS (W280)
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DISTRICT APPROVAL INITIALS DATE
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CONTRACTS 111116 9,
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DEPUTY EXEC DIR
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Page 8 of 8
AGREEMENT NO. 09CS0000022
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONTRACTOR. The CITY may engage the services of a
contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the
PROJECT in accordance with the CITY'S Proposed Project Plan previously submitted
to the DISTRICT and attached as Exhibit "B." The CITY will be responsible for
administering the contract with CONTRACTOR and will give notice to proceed to the
CONTRACTOR no later than December 31, 2009.
2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the
DISTRICT'S written approval of all construction bid documents prior to being
advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its
approval. The DISTRICT'S approval of the construction bid documents does not
constitute a representation or warranty that the DISTRICT has verified the
architectural, engineering, mechanical, electrical, or other components of the
construction documents, or that such documents are in compliance with DISTRICT
rules and regulations or any other applicable rules, regulations, or laws. The
DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure
that the design professional performs according to the standards of his or her
profession. The CITY will require the design professional to warrant that the
construction documents are adequate for bidding and construction of the PROJECT. .
3. DISTRICT REVIEW OF CITY'S SELECTION OF CONTRACTOR. The CITY will
provide the DISTRICT with a tabulation of CONTRACTOR bids and a
recommendation to award. The CITY must obtain the DISTRICT'S approval of the
selected CONTRACTOR prior to proceeding with construction of the PROJECT and
the DISTRICT will not unreasonably withhold its approval.
4. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICT'S prior written
approval of all contracts entered into with its CONTRACTORS. The DISTRICT will not
unreasonably withhold its approval.
5. COMPLETION DATES. The CITY will commence construction on the PROJECT by
December 31, 2009, and will complete the PROJECT by July 31, 2011. In the event of
any national, state or local emergency which significantly affects the CITY'S ability to
perform, such as hurricanes, tornados, floods, acts of God, acts of war, or other such
catastrophes, or other man-made emergencies beyond the control of the CITY such as
labor strikes or riots, the CITY'S obligation to complete the PROJECT within the
aforementioned time frame will be suspended for the period of time the condition
continues to exist. This will be the CITY'S sole remedy for the delays set forth in this
paragraph.
6. COMPENSATORY TREATMENT AND MITIGATION. This PROJECT will not be used
by the CITY or any other entity as compensatory water quality treatment or wetland
mitigation for any projects located within or outside of the contributing drainage basin
area. This provision will survive the termination or expiration of this Agreement.
Page 1 of 1
AGREEMENT NO. 09CS0000022
EXHIBIT "B"
PROPOSED PROJECT PLAN
1. GENERAL DESCRIPTION
A. Project Objective
The Tropic Hills Drainage Improvements Project is the first phase of a three-phase project to
implement Best Management Practices (BMPs) identified in the District's Watershed
Management Program for Coastal Watershed #2. The drainage basin covers approximately
250 acres and discharges to an undersized channel depicted in Attachment 1. The Tropic
Hills watershed experienced flooding in June 1997 and February 2006. Phase 1, which is the
focus of this agreement, is located on the Tropic Hills east-west conveyance channel
between U.S. 19, and Tampa Bay at the downstream limits of the watershed. Currently the
channel is eroding on the north side and a seawall along the south side has exceeded its
service life and is collapsing in several sections.
The purpose of the project is to improve water quality, natural systems and conveyance in the
downstream most segment of the Tropic Hills watershed. The project includes stabilizing
eroding banks and a failing seawall which will improve water quality by reducing erosion and
sediment transport. A series of low water ditch blocks with littoral plantings will provide water
quality treatment and improve natural systems within the channel. Installation of separator
structures to treat stormwater runoff from adjacent commercial development to the south will
remove solids, floatables and oils from the existing runoff, enhancing water quality and
providing natural system improvements to the channel. This project will improve hydraulic
conveyance between U.S. 19 and Tampa Bay which will reduce scouring velocities, erosion
and sediment transport to Tampa Bay.
B. Project Description:
The City proposes to remove the existing dual 48-inch diameter reinforced concrete pipes
located just east of U.S. 19 and replace them with an 8-foot by 5-foot reinforced concrete box
culvert (approximately 80-feet in length). Downstream channel improvements will consist of
installation of gabions along the northern bank of the channel and along the channel bottom.
Channel stabilization will minimize the existing erosion and scour. The City will install a new
seawall with tiebacks along a major portion of the south side of the channel. The channel
itself will be re-graded and all debris removed from the channel bottom. As part of the re-
grading work, the channel bottom will be lowered approximately 2.5 feet in the upper reaches
of the channel to create a larger hydraulic opening underneath the existing 36-inch water
main that crosses the channel. The larger hydraulic opening will result in a significant
decrease in the hydraulic grade line upstream of the project. Ditch blocks and gabions will be
placed in the channel bottom to moderate velocities and prevent erosion. These ditch blocks
will create low pools that will be planted with wetland vegetation for water quality treatment.
The City will also install separator structures to remove solids, floatables and oils from
stormwater discharging along the south side of the channel.
Page 1 of 4
C. Project Coordination:
The CITY must keep the DISTRICT advised at all times during the course of the PROJECT.
The CITY will provide the DISTRICT'S Project Manager with advance notice of all PROJECT
related meetings and will copy the DISTRICT'S Project Manager on all pertinent PROJECT
related correspondence. The CITY will hold status meetings as deemed appropriate by the
DISTRICT and CITY Project Managers.
2. PROJECT TASKS
A. Design Phase:
The CITY, separate to this agreement, contracted with a Consultant and directed design
efforts for the project in preparation for bidding and construction of the channel
improvements. The DISTRICT was kept informed during the design phase.
B. Permitting:
The CITY will obtain all permits and all real property and/or all real property rights necessary
to construct the recommended stormwater improvement projects.
C. Bid Documents:
The CITY must obtain the DISTRICT'S written approval of all construction bid documents
prior to construction advertisement. DISTRICT review comments and approval of the
construction bid documents will be made in a timely and reasonable manner so as not to
compromise the ability of the CITY to meet the deadlines imposed in this Agreement.
D. Contractor Selection:
The CITY will engage the services of a CONTRACTOR through a competitive bid process in
accordance with CITY policy to construct the PROJECT based on the approved final design
and permits. A tabulation of all bids received will be furnished to the DISTRICT'S Project
Manager for review within five working days from the bid opening date.
E. Contract Administration:
The CITY will be responsible for all contract administration and must perform all necessary
construction management services to ensure the PROJECT is constructed in accordance
with the approved final design and in conformance with all environmental permits issued for
the PROJECT. These services will include, but are not limited to: construction
advertisement, receipt and evaluation of bids, contract award, establishment of construction
survey control, on-site construction inspection and supervision, preparation of As-Built
Drawings, and the submittal of all required permit certifications upon the completion of
construction. DISTRICT staff may participate with CITY staff in site inspections during the
construction phase.
Page 2 of 4
F. Operation and Maintenance:
The CITY will be responsible for the perpetual operation and maintenance of the completed
PROJECT facilities to maintain the PROJECT'S aesthetics, ensure the proper hydraulic
operation of the PROJECT, and to conform to all the conditions specified in the
environmental permits issued for the PROJECT. This provision will survive the termination or
expiration of this Agreement.
G. Post-Construction Monitoring:
The CITY will be responsible for all post-construction monitoring requirements that may be
identified in the general and specific conditions of any permits issued for the PROJECT, as
may be appropriate. This provision will survive the termination or expiration of this
Agreement.
3. PERFORMANCE SCHEDULE:
The CITY will commence construction of the PROJECT by December 31, 2009.
The CITY will complete construction of the PROJECT by July 31, 2011.
4. DELIVERABLES
• Original Reproducible Drawings of the Construction Plans
• Construction Bid Documents
Bid Tabulations
• (2) sets, electronic and hardcopy, of any final reports as Record and Library copies.
As-Built Drawings
5. PROJECT BUDGET
The total cost for PROJECT construction is estimated at $2,500,000 and is detailed as
follows:
DISTRICT
CITY
TOTAL
Construction and
Construction Management
$ 1,250,000
$1,250,000
$ 2,500,000
Page 3 of 4
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Attachment 1: Tropic Hills Project Location Map 811/2008
Page 4 of 4
AGREEMENT NO. 09CS0000022
EXHIBIT "C"
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTION/DEPT,: Re ing&i ante Nunn m 13-5 pAVE; 1 OF 11
?C-?.0 "
APPROVED BY: CMVIpL Exeprrnrf 'i EFFECTIVEDATE: 10/01/06 SUPERSEDES: 08/30/96
The travel procedures for the District shall follow generally accepted travel procedures for state
agencies, to the extent practicable, and comply with the legislative intent of Chapter 112. Florida
Statutes (F .S.).
PUBLIC PURPOSE: The public purpose test for travel is that It must be necessary to conduct
official District business. Justification must be detailed, sufficient to explain the benefit to the
District and to the traveler's work responsibilities.
AUTHORITY TO INCUR TRAVEL EXPENSES: All travelers of the District must be authorized in
advance to incur travel expenses for a public purpose through a properly executed Travel
Authorization form, Board Consent Agenda, Board Policy 130-5, Signature Authority Procedure
11-8, or employee position description.
AUTHORIZED TRAVELERS2: Any person who has received advance authorization in
compliance with Board Policy 130-5 to incur travel necessary to perform official District business
under one of the following categories:
• Governing and Basin Board members
• Executive Director, Deputy Executive Directors, General Counsel and Inspector General.
• Employees in a Board authorized regular, part-time or temporary position declared to be in
travel status by their Director or the Director's authorized representative.
• Advisory committee members shall be authorized travelers of the District upon approval by
the Executive Director or designee. When members are added to or removed from a
committee, Accounts Payable must be notified.
• Consultants and advisors shall be authorized as travelers of the District under the terms of a
contract or agreement executed by the Executive Director or designee.
• Employment candidates for regular, full time, pay grade 14 and above positions shall be
authorized as travelers of the District under a Travel Authorization form prepared by the
appropriate department in coordination with Human Resources. The candidate will be asked
to sign the Travel Authorization form upon arrival for the interview, indicating agreement with
the District travel procedure.
OFFICIAL HEADQUARTERS: This is the office, field office or location where the traveler is
normally assigned and from which that person performs the majority of their duties. Each
employee's official headquarters shall be that which is designated in their Human Resources
official record, except:
• The official headquarters of an employee located in the field shall be the specific site
(identified by address or nearest intersection) where the majority of their work is performed,
or as designated by the District
Travel Expense - The usual ordinary and incidental expenditures necessarily incurred by a
traveler. (§112.061(2)(g), F.S.)
2 Authorized Traveler - A public officer, public employee. or authorized person when performing
authorized travel. (§112.061(2)(f), F.S.)
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTIONIDEPT.: Rep ng/Fi an'AceeNUMBER: 13-55 PAGE: 2 OF 11
APPROVED BY, wo L MopR EXEOurIVEo ok EFFECTIVE DATE: 10/01/06 SUPERSEDES:. 03/30/96
• When an employee is stationed in a city, town, or locality for a period of over 30 continuous
workdays, such location shall then be deemed to be their official headquarters. Upon such
reassignment, the employee shall no longer be eligible for mileage, per diem or subsistence
(meal allowance) reimbursement unless the 30-day period of time is extended by the
express approval of the Executive Director or designee.
The official headquarters of a Governing or Basin Board member is their home address. Board
members will be reimbursed for actual round trip mileage from their home address to their
destination when traveling on District business. To establish mileage, Board members may
provide odometer readings or a map program print screen. If a Board member changes their
home address during their term in office, the Board and Executive Services Department shall
notify Accounts Payable of the new address and the effective date.
TRAVEL AUTHORIZATION (TA):. A TA form must be fully executed, with all approvals
required by the Signature Authority Procedure 11-8, prior to scheduling or incurring any
expenses related to the travel periiod3. All District travelers must use this form to define the
public purpose and obtain approval for the following:
• Attendance at any convention", conferences, seminar or workshop
• Employee candidate travel expenses
• Travel advance requests
The statement of public purpose for attendance at a convention, conference, seminar or.
workshop must explain how the objectives of the event are related to or provide benefit to the
mission of the District and/or the duties and responsibilities of the traveler.
The TA form must be completely filled out according to the form instructions. The form must be
typed or completed in ink. A copy of the fully executed TA must be kept on file in the traveler's
department for both the current fiscal year and the prior fiscal year. The original TA form must
be submitted with the Travel Voucher.
3 Travel Period - A period of time between the time of departure and time of return. (§112.061(2xj), F.S.)
"Convention - An assembly of a group of persons representing persons and groups, coming together for
the accomplishment of a purpose of interest to a larger group or groups. A convention does not mean
the coming together of agency or interagency personnel. (Rule 691-42.002(4), Florida Administrative
Code (F.A.C.))
s Conference - The coming together of persons with a common interest for the purpose of deliberation,
interchange of views, or for the removal of differences or disputes and for discussion of their common
problems and interests. The term also includes similar meetings such as seminars and workshops,
which are large formal group meetings that are programmed and supervised to accomplish intensive
research, study, discussion and work in some specific field or on a governmental problem or problems.
A conference does not mean the coming together of agency or interagency personnel. (Rule 691-
42.002(3), F.A.C)
I PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTIOWDEPT.: R iNUMBER: 13-55 PACE: 3 OF 11
APPROVED 8Y: Ekggn VEDjftmToR. EFFECTIVE DATE: 10/01/06 SUPERSEDES: 08/30/96
When in the best interest of the District, an employee who has been approved to leave from
home must identify their home address as the point of origin' for the specific travel period
covered on their TA. It is in the best interest of the District when the distance from the
employee's home to the point of destination is less than the distance from their official
headquarters to the point of destination.
SIGNATURES REQUIRED FOR TRAVEL AUTHORIZATION: The traveler must sign the TA
form in ink and secure the appropriate approval authority signatures as indicated. No one may
exercise signature authority for himself or herself, rather, approval of a higher level of authority
must be obtained in accordance with Signature Authority Procedure 11-8.
JUSTIFICATION MEMO: A justification memo is required when more than three staff from the
same department plan to attend the same convention, conference, seminar or workshop in
accordance with Signature Authority Procedure 11-8.
TRAVEL ADVANCES: A traveler may request a Travel Advance for Class A travel when the
traveler anticipates substantial travel expenses. Advances will not be authorized for Class B or
C travel. The maximum travel advance shall not exceed 80 percent of the estimated cash
expenses, such as mileage, per diem, subsistence (meal allowance), parking and tolls. In
calculating an advance, the traveler may not include expenses, which will be paid directly by
District procurement card or District check. A Travel Advance will not be issued for less than
$100. To request a Travel Advance; a traveler must submit a fully executed TA to Accounts
Payable at least five days prior to departure. The Advance must be reconciled by submitting a
Travel Voucher to Accounts Payable within ten workdays of the travelers return to work.
CONTINUOUS TRAVEL STATUS: Continuous travelers are employees who routinely-travel
overnight. Those employees authorized for continuous travel status may request a Travel
Advance in an amount not to exceed 80 percent of expected travel expenses for a two-week
travel period. Employees in continuous travel status must submit a Travel Voucher at the end.of
the travel period to document their actual expenses and reconcile the Travel Advance. When
an employee is no longer in continuous travel status, any Travel Advance amount in excess of
actual expenses must be refunded to the District within ten workdays. All continuous Travel
Advances must be reconciled before the end of each fiscal year.
TRAVEL VOUCHER (TV): The TV form Is used to document and request reimbursement for all
authorized travel related expenses. The TV must be completely filled out according to the form
instructions and must be typed or completed in ink.
When a TV covers a travel period for which a TA was issued, the original TA form along with all
necessary backup documentation, such as the registration form, agenda, travel itinerary and
route maps, must be submitted to Accounts Payable within ten workdays of the travelers return
e Point of Origin - the geographic location of the travelers official headquarters or the geographic location
where travel begin, whichever is lesser distance from the destination. (Rule 691-42.002(15), F.A.C.)
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTIOnWEPT.: R =ing/F'1an? ? _?.0? NUMBER: 13-5 PAGE: 4 OF 11e
APPROVED BY:DAVIpL. MOOR ExeoufNE DIRECPoR EFFECTIVE DATE: 10/01/06 SUPERSEDES: 08/30/96
to work. TVs that do not include a travel period covered by a TA must be submitted to Accounts
Payable at least monthly.
If a traveler has been issued a Travel Advance that exceeded their actual expenses, they must
submit reimbursement to the District within ten workdays of their return to work and attach a
copy of the cash receipt to their TV. The actual amount of the reimbursement will be
determined by an audit of their TV by Accounts Payable.
Governing and Basin Board members may elect to submit their TVs quarterly.
SIGNATURES REQUIRED FOR TRAVEL VOUCHER: The traveler must sign the form in ink
and secure the appropriate approval authority signatures as indicated. No one may exercise
signature authority for himself or herself; rather, approval of a higher level of authority must be
obtained in accordance with Signature Authority Procedure 11-8.
CLASSES OF TRAVEL: Three classes of travel exist as follows:
Class A Continuous travel of 24 hours or more, away from official headquarters and away
from home overnight. This is based on four equal quarters of six hours each, which
shall be a travel day' (midnight to midnight).
Class B Continuous travel of less than 24 hours, away from.official headquarters and away
from. home overnight. This is based on six-hour quarters, which begin at the hour of
departure.
Class C Short or daytime trips during which the traveler is not away from official headquarters
overnight (travel may occur during evening hours due to special assignment).
PER DIEM (Class A or B Travel Only): All travelers shall be allowed reimbursement for per
diem or subsistence (meal allowance) when traveling to a convention or conference or when
traveling within or outside the state In order to conduct official District business, when such
convention, conference, seminar, or business serves a direct and lawful public purpose with
relation to the District. Either of the following methods of calculating per diem may be selected
for the travel period at the option of the traveler:
OR
A flat rate of $80 per day ($20 per quarter day) requiring no receipts for rooms or meals.
Reimbursement for actual lodging cost, at the single occupancy rate to be substantiated by
a detailed receipt, and the authorized subsistence (meal allowance).
When lodging or meals are provided at a publicly operated facility, the traveler shall be
reimbursed only for the actual expense of lodging or meals not to exceed the maximum
allowances. No one shall be reimbursed for any meal or lodging included in a convention or
conference registration fee.
Travel Day - A period of 24 hours consisting of four quarters of six hours each. (§112.061(2Xi), F.S.)
I PROCEDURE I
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTIaNIDEPT.: RepQ'tVg/Finance NUMBER: 13-5 PACE: 5 of 11
APPROVED BY: 1<),V' . ,,RE, E,,a EDIREOTOR EFFECTIVE DATE: 10/01/06 SUPERSEDES: 08/30/96
In the case of foreign travel, the traveler may choose the State per diem rate as stated above or
the foreign travel per diem rate as authorized by Section' 112.061(3)(f), F.S.
SUBSISTENCE (MEAL ALLOWANCE) RATES (Class A, B or C Travel):
Breakfast 6 a.m. 8 a.m. $ 6
Lunch 12 .m. 2 .m. $11
Dinner 6 .m. 8 .m. $19
Subsistence (meal allowance) will be paid to travelers in Class A and Class B status and also to
travelers in Class C travel status when participating in scheduled meetings, seminars,
workshops, special assignments or other official business which occurs outside the normal work
assignment of a traveler. No allowance shall be made for subsistence (meal allowance) when
travel is confined to the city or town of a traveler's official headquarters or the immediate vicinity,
except when travel expenses are authorized by a TA form.
Staff whose normal work assignment is "in the field" may not receive subsistence (meal
allowance) for lunch until they have worked 40 hours in a workweek. District authorized
holidays are the only leave that may be added to determine the hours worked.
In compliance with Internal Revenue Service, Publication 15, Circular E, Employer's Tax Guide,
all Class C subsistence (meal allowance) reimbursements are subject to consideration as
income for tax purposes.
When a conference or convention registration fee includes meals, the traveler will not be
reimbursed for the meals being provided (continental breakfast is considered a breakfast and is
not reimbursable when provided). Reimbursement for meal expense will be at the appropriate
subsistence (meal allowance) rate regardless of the actual cost of the meal. The traveler must
absorb any cost above the subsistence (meal allowance) amount. Tips will not be reimbursed.
LODGING/ACCOMMODATIONS: Lodging expenses are authorized for District travelers in
Class A or B travel status. Lodging for District employees and Board members is to be reserved
and paid with a District procurement card and must be substantiated by an original detailed
receipt which must be filed.with the traveler's procurement card reconciliation documents. If
circumstances necessitate that the traveler use a personal credit card, the original detailed
receipt along with an explanation of the circumstances must be filed with their TV.
When two or more District employees elect to share a room while traveling under Class A or B
travel status, they must all elect the same method of per diem reimbursement.
A traveler may not receive reimbursement for lodging within the local area (within 50 miles
one-way of their official headquarters or home) unless authorized by the Deputy Executive
Director of Management Services.
I PROCEDURE I
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTION/DEPT.: Reportin nancc Q6 NuMBER: 13-5 PACE: n6 OF 11
APPROVED BY: DA%n L. MOORF- ExEarrivE DaECTPR EFFECTIVE DATE: 10/01 /06_ SUPERSEDES: 08/30/96
When the scheduled conclusion of an event prevents a traveler from returning home by a
reasonable hour, the Department Director must determine whether an additional overnight
accommodation is warranted. If approved, the traveler's departure shall be scheduled for the
following morning. If the traveler chooses to delay departure without approval, the use of
personal leave will be required and per diem and lodging expenses may be waived.
In order to achieve a cost savings to the District, the District may contract directly with a hotel.
TRANSPORTATION: All travel must be by a usually traveled route utilizing the most efficient
and economical means. It is the responsibility of the traveler's department to determine the
most efficient and economical means prior to scheduling any travel arrangements. It is
recommended that a District vehicle be used for all statewide business travel, unless the use of
a personal vehicle or common carrier" would be more efficient or cost effective. All common
carrier business travel for District employees must be booked through the District's travel
arrangements provider and paid with a District procurement card.
Special provisions when business and personal travel are combined: Personal travel
expenses must never be charged to a District procurement card. Prior to scheduling combined
business and personal travel, staff should contact Accounts Payable to identify documentation
required to accurately record business and personal expenses.
PERSONAL VEHICLE EXPENSES: The use of a personal vehicle must be authorized by the
Director of the department incurring the expense. When a traveler is authorized to use a
personal vehicle in lieu of a District vehicle or common carrier, the following conditions shall
apply:
• A traveler shall be entitled to a mileage reimbursement at the rate approved by the State
Legislature (currently 44.5 cents per mile).
• All mileage shall be shown from the point of origin to the point of destination, along a usually
traveled route.
• Mileage shall be calculated by one of the following methods:
o Odometer readings
o Online map program
o District established mileage (Frequently Traveled Routes) (Service Office Mileage)
• When a person travels by an indirect route for their own convenience, any additional costs
shall be borne by the traveler. Reimbursement shall be based only on such costs as would
have been incurred by a usually traveled route.
• Each stop during a travel period must be reported on a separate line on the TV form and
must Include all information required on the form.
• A traveler shall not be paid a mileage reimbursement for travel between their home and their
official headquarters or assigned work location.
s Common Carrier - Commercial airline operating scheduled flights or rental vehicles of an established
rental car firm. (§112.061(2Kh), F.S.)
I PROCEDURE I
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL.
Accounting & Financial
$EOTION/DEPT.: Reportin ance NUMBER: 13-5 PAGE: 7 OF 11
APPROVED BY. DAVIDL OGRE EXECII?NEDIREGioR q ? 1VE DATE: 10/01/06 SUPERSEDES: 0$I30/96
• If traveling on a non-business days to a location other than their official headquarters or
assigned work location, the point of origin may be the travelers home. In no case shall
mileage claimed exceed the miles actually driven.
• On a regularly scheduled business day when a traveler leaves from or returns to their home,
the traveler shall only be entitled to reimbursement for the lesser of the mileage between a
business site and their home or their official headquarters or assigned work location. In no
case shall mileage claimed exceed the miles actually driven.
• No traveler shall be entitled to mileage or transportation expense when gratuitously
transported by another person or by another traveler who is entitled to reimbursement.
• Mileage for two round trips to an airport or the cost of contracted transportation may be
approved if it is determined to be more efficient or economical than one round trip plus
airport parking fees.
• A traveler shall be reimbursed the lesser of the common carrier fare or the actual mileage
reimbursement amount, whichever is determined to be more economical to the District.
Prior to the traveler's departure, the scheduling department shall obtain an estimate of
airfare and rental vehicle costs from the District's travel arrangements provider and submit
the estimate with both the TA and the N,
• Reimbursement for expenditures related to the operation, maintenance and ownership of a
vehicle shall not be allowed.
VEHICLE RENTAL: Rental vehicles shall be reserved through the District's travel
arrangements provider, with any changes or cancellations coordinated prior to the travelers
departure. District employees on official business must make payment with their District
procurement card. Personal use of a rental vehicle may not be reserved or charged to a District
procurement card. Before signing a rental vehicle agreement, travelers are to ensure:
• The proper rental rate has been applied.
• Additional insurance coverage will not be charged to the District.
• The refueling service option has not been selected.
• Sales tax will not be charged in the State of Florida.
• The most economical vehicle to appropriately accommodate the travel has been selected.
Travelers shall use a Class 3C, Intermediate vehicle. The use of any vehicle larger than Class
3C Intermediate must be adequately justified (e.g., more than four travelers, transporting
equipment or supplies) and approved by the traveler's Director.
.?(1 a ?'`?;: ? ??} '? :`???td?.
3(C) Intermediate IDAR
4 E Full-Size Four-Door FDAR
5(V) Minivan MVAN
Business use of a rental vehicle under the State contract or District agreement includes collision
coverage. The District will not pay for additional insurance coverage. The rental vehicle must be
s Non-business day- For a public officer or employee, a weekend or an authorized District holiday. (Rule
691-42.002(10), F.A.C.)
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SEC71oWDEPT.: Reporting/ZIA 4LC ///?/??/,'/J/?'??'???QG! NUMBER: 13-5 PACE: 8 OF 11
APPROVED BY +EXe C?RrveDire?croR'5_f -a. DAT
E: 10/01/06 SUPERSEDeS: 08/30/86
refueled prior to being returned. Original fuel receipts must be filed with the travelers
procurement card reconciliation documents or submitted with a TV, as appropriate.
The traveler must retain both the rental agreement and the final detailed rental receipt to be filed
with their procurement card reconciliation documents. A copy of the rental agreement must be
submitted with the N. Rental vehicle charges shall be coded to Object Code 4008.
Special provisions for combined business and personal use of a rental vehicle: When
combining business and personal travel, a traveler must reserve and make payment with a
personal credit card. A copy of the rental agreement and original detailed receipt must be
submitted with their TV. The traveler shall only be reimbursed for the business portion of the
travel period based on the lesser of, the estimated cost provided by the District's travel
arrangements provider or the amount calculated (by Accounts Payable) from their actual
receipt. Prior to the traveler's departure, the scheduling department shall obtain an estimate of
rental vehicle cost for the business portion of the travel period from the District's travel
arrangements provider. The estimate must be submitted with the TV.
Under provisions of Rule 60B-1.012, F.A.C. all seated occupants of rented vehicles are required
to utilize the seat belts or occupant restraint systems provided. Failure to comply with this Rule
shall subject employees to disciplinary action. Any costs incurred for personal negligence (i.e.,
traffic or parking citations, keys locked in vehicle, etc.) will be the sole responsibility of the
traveler. Additionally, all travelers shall be responsible for providing proof of vehicle insurance
to the District, if requested.
AIR TRAVEL: All commercial flights must be economy class unless otherwise approved by the
Executive Director or designee. The District's travel arrangements provider must be used for
requesting comparable estimates and booking all flights for District employees. The scheduling
department shall be responsible for determining the most efficient and economical. method of
travel prior to making reservations. Both pages of a fully authorized TA form must be faxed to
the travel arrangements provider to purchase an airline ticket. Payment for employee business
related travel must be charged to a District procurement card designated by the employee's
Director. All airline tickets and airfare transaction fees must be charged to Object Code 4007.
Cancellations must be made no later than one hour prior to a flight's scheduled departure time
to retain the value of a ticket for future use (within one year) by the named traveler. If the
District incurs costs for the purchase of an airline ticket and the traveler subsequently chooses
not to use the ticket, the ticket must be canceled in a timely manner or the traveler must
reimburse the District for all unrecoverable .costs. Any costs incurred for ,tickets, which are
canceled at the traveler's discretion, but not rebooked within the allowable timeframe, must also
be reimbursed to the District.
An increase in airfare of $100 or more over the estimated costs on the TA must be justified by
the traveler and approved by the traveler's Director. All unjustified cost, whether due to a
traveler's negligence or personal discretion, must be reimbursed to the District.
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTIOWDEPT.: Reporting/ nce NUMBER: 13-5 PACE: 9 of 11
? -? -cam
APPRovEo 6Y AVID L. E EXecvrivE DiREcroR EFFECTIVE DATE: 1 O/01 /06 SUPERSEDES: 08/30/96
Special provisions for combined business and personal air travel: Although personal
travel may be combined with business travel and booked together through the District's travel
arrangements provider, personal expenses must never be charged to a District procurement
card. Additionally, if a traveler purchases an airline ticket through a source other than the
District's travel arrangements provider, such ticket must not be charged to a District
procurement card. In either instance, the traveler must make payment with a personal credit
card and must submit a copy of the itinerary and proof of payment with their TV. The traveler
shall only be reimbursed for the business portion of the travel period based on the lesser of the
estimated cost provided by the District's travel arrangements provider or the amount calculated
(by Accounts Payable) from their actual receipt. The scheduling department shall obtain an
airfare estimate from the District's travel arrangements provider prior to the traveler's departure
and submit the estimate with both their TA and TV.
CHARTER FLIGHT SERVICE: This service is to provide specific transportation in order to
conduct District business (overflights are excluded from this procedure). Flight requests for
Governing or Basin Board members, Executive Director, Deputy Executive Directors, General
Counsel or Inspector General will be arranged through the Executive Department, after
receiving approval as stated in this procedure. The use of charter flights by staff members
should be an exception and must be authorized by the Executive Director.
Purchasing will process the flight request in accordance with Board Policy 150-1 and District
Procedure 15-1, Procurement, governing procurement practices, which includes contracting for
services with an appropriate charter flight service. Emergency arrangements may be made
directly with Purchasing, who will then notify the Executive Department to obtain the required
approvals.
INCIDENTAL TRAVEL EXPENSES: The following information shall be required with a TV when
claiming reimbursement for incidental travel expenses:
• Receipts or canceled checks for registration fees paid by the traveler.
• Receipts for taxi fares in excess. of $25 on a per-fare basis.
• Receipts for storage, parking fees or tolls in excess of $25 on a per transaction basis.
Storage or parking fees are not allowed on a weekly or monthly basis unless it can be
established that such method results in a savings to the District.
• A statement that communication expenses were business related. This includes fax and
Internet connection charges. NOTE: Telephone calls made to the traveler's family are not a
reimbursable communication expense.
• Receipts for dry-cleaning, laundry and pressing expenses when official travel extends
beyond seven days and such expenses are necessarily incurred to complete the official
business portion of the trip.
• Receipts for passport and visa fees required for official travel.
• Receipts for necessary fees charged to purchase traveler's checks for official travel
expenses.
• Receipts for fees charged to exchange currency necessary to pay for official travel
expenses.
• Photocopy charges that are business related in excess of $25 on a per event basis.
I PROCEDURE I
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting-& Financial
SECTION/DEPT.: Reporting/Fi a NUMBER: 13-5 PAGE: 10 OF 11
-06
APPROVED BY A%RDL Moo.. FxEcvr' wE Dirscron E CTIyE DATE: 10/01/06 SUPERSEDES: 08/30/96
Lost or missing receipts will require a signed statement from the traveler with Department
Director's approval in order to receive reimbursement. Other travel expenses may be
reimbursed if deemed to be in the best interest of the District and upon the Finance Director's
approval.
The following do not require a receipt:
• Tips paid to taxi drivers that do not exceed fifteen percent of the taxi fare.
• Tips paid for mandatory valet parking not to exceed $1 per incident.
• Portage paid shall not exceed $1 per bag not to exceed $5 per incident. Portage charges
exceeding $5 per incident will require justification.
Other travel expenses not detailed in this procedure shall be handled by exception with the
Finance Director's approval.
EMERGENCY SITUATIONS10: When a public officer, employee or authorized person away
from their official headquarters on personal time" is required to travel because of a District
emergency situation, the following shall apply:
• The traveler may be reimbursed for travel expenses incurred in traveling from their point of
origin to their point of destination, which may be their official headquarters.
• If personal circumstances necessitate the traveler to return to their point of origin after the
emergency situation has ended, rather than returning to or staying at their official
headquarters, the traveler may tie reimbursed their travel expenses to return.
• The traveler's request for reimbursement of travel expenses claimed from a point of origin
rather than their official headquarters shall contain an explanation of the emergency
situation that necessitated their travel from such point.
• If an authorized traveler has incurred certain unrecoverable costs associated with personal
plans and is unable to carry out such plans due to an emergency situation, such costs that
are not recoverable may be reimbursed by the District. Request for reimbursement must
provide the circumstances of the emergency situation.
EMERGENCY OPERATIONS: The Governor has authority to issue an Executive Order in
response to a major disaster or emergency that may result in the suspension of all or a portion
of Section 112.061, F.S. to an extent necessary to meet the emergency. In the event of such as
suspension, the District's Executive Director or designee is provided the discretion to allow the
purchase of food and beverages for personnel operating the District's Emergency Operation
Center (EOC) on a 24-hour basis during an emergency.
10 Emergency Situation - Circumstances in which there is an immediate danger or a threat of immediate
danger to the public health, safety or welfare or of other substantial loss, requiring emergency action.
(Rule 691-42.002(6), FA.C.)
" Personal Time - The time outside the regular work hours of a business day, a non-business day or day
for which the officer or employee had prior approval for a leave of absence. (Rule 691-42.002(13),
F.A.C.)
PROCEDURE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
TITLE: TRAVEL
Accounting & Financial
SECTIONOEPT.: Reporting/Fm a ??T[NUMBER: 13-5 PAGE: 11 of 11
APPROVEDBY: yIpA?L MOORIE EFFECTI DA E: 10/01/06 SUPERSEDES: 08/30/96
When Section 112.061, F.S., has been suspended, in whole or in part, and the Executive
Director or designee has activated the District's Emergency Operations Center, EOC authorized
travelers must adhere to the following guidelines:
• All EOC travelers will receive the Finance department's Emergency Operations Travel
Instructions. These instructions Include forms that have been modified to more accurately
document the information required for Federal, State and County reimbursement submittals.
The forms should be completed as travel occurs and must be submitted to Accounts
Payable at the end of each biweekly payroll period.
• Per diem and subsistence (mead allowance) rates shall remain the same, but the schedule
for Class C subsistence (meal allowance) reimbursement has been modified to three 8-hour
periods, as detailed on the Emergency Order/EOC Activation Class C Travel Clock.
EOC authorized travelers who work at least an 8-hour shift per day shall be entitled to a full
daily subsistence (meal allowance) reimbursement, less subsistence (meal allowance) for
food that has been provided.
• The EOC Provisions Unit Leader shall determine when and where food will be made
available to authorized travelers in lieu of subsistence (meal allowance).
• The cost for food service should not exceed the subsistence (meal allowance) amounts and
the food service should be carefully controlled.
• When authorized by the EOC Coordinator, a procurement card may be used to purchase
food. In such cases, a receipt must be submitted with a list of the names of all travelers to
whom food was provided. Food costs which exceed the established subsistence rates shall
require a detailed explanation.
Emergency expenses that are not related to travel should not appear on the. TV. Paid, invoices
or receipts for such cash expenses must be submitted for reimbursement through petty cash or,
if over $50, by submitting a check request to Accounts Payable.
The Executive Director may modify or interpret this Procedure.
AGREEMENT NO. 09CS0000022
EXHIBIT "D"
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the DISTRICT to the CITY, a subrecipient under this Agreement, may
be subject to audits and monitoring as described in this Exhibit.
MONITORING
In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes (F.S.), as revised (see
"AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DISTRICT staff, and
other procedures. By entering into this Agreement, the CITY agrees to comply and cooperate with any monitoring
procedures or processes deemed appropriate by the DISTRICT. The CITY further agrees to comply and cooperate
with any inspections, reviews, investigations, or audits deemed necessary by the Department of Environmental
Protection (DEPARTMENT), Chief Financial Officer (CFO), or Auditor General of the State of Florida.
AUDITS
PART I: STATE FUNDED
This part is applicable if the CITY is a nonstate entity as defined by Section 215.97(2)(m), F.S.
In the event that the CITY expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such CITY, the CITY must have a state single or project-specific audit for
such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the
Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. Attachment I to this Exhibit indicates the amount of
state financial assistance awarded through the DISTRICT by this Agreement. In determining the state
financial assistance expended in its fiscal year, the CITY shall consider all sources of state financial
assistance, including state financial assistance received from the DISTRICT, DEPARTMENT, other state
agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-
through awards and resources received by a nonstate entity for federal program matching requirements.
2. In connection with the audit requirements addressed in Part I, Paragraph 1, the CITY shall ensure that the
audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial
reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental
entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the CITY expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in
accordance with the provisions of Section 215.97, F.S., is not required. In the event that the CITY expends
less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in
accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non-state
entity's resources (i.e., the cost of such an audit must be paid from the 2D PARTY'S resources obtained
from other than state entities).
For information regarding the Florida Catalog of State Financial Assistance (CSFA), the CITY should
access the Florida Single Audit Act (FSAA) website located at https:Happs.fldfs.com/fsaa.
PART II: REPORT SUBMISSION
Copies of financial reporting packages required by PART I of this Exhibit shall be submitted by or on
behalf of the CITY dire c to each of the following:
A. The DISTRICT at the following address:
Accounting and Financial Reporting Manager
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
Page I of 5
B. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
C. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Any reports, management letters, or other information required to be submitted pursuant to this Exhibit
shall be submitted timely in accordance with Chapters 10.550 (local governmental entities) or 10.650
(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable.
The CITY, when submitting financial reporting packages for audits done in accordance with Chapters
10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General, should indicate the date that the reporting package was delivered to the CITY in
correspondence accompanying the reporting package.
PART III: RECORD RETENTION
The CITY shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period
of five (5) years from the date the audit report is issued, and shall allow the DISTRICT, or its designee,
DEPARTMENT, CFO, or Auditor General access to such records upon request. The CITY shall ensure that audit
working papers are made available to the DISTRICT, or its designee, DEPARTMENT, CFO, or Auditor General
upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the
DISTRICT.
PART IV: RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION
The CITY, as a subrecipient of state financial assistance, must use the Florida Single Audit Act Checklist For Non-
State Organizations - Recipient/Subrecipient Vs. Vendor Determination (Attachment 2), to evaluate the applicability
of the FSAA to non-state organizations to which the CITY provides State resources to assist in carrying out
activities related to this Agreement.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 2 of 5
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Attachment 2
FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS -
RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION
This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website
(http://www. myflorida.com/myflorida/government/govemorinitiativcs/fsaa/index.html).
If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it
now. (Applies only to State agencies)
This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non-
state organizations' after a state program has been determined (using the Florida Single Audit Act State Project
Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(t), F.S.). This
checklist assists in determining if the non-state organization is a vendor, recipient/subrecipient, or an exempt organization.
' A non-state organization is defined as a nonprofit organization, for-profit organization (including sole proprietors), or
Florida local government (excluding district school boards, charter schools and community colleges), which receives
State resources.
Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the
FSAA to non-state organizations to which they provide State resources to assist in carrying out a State Project.
Name of Non-state Organization:
Type of Non-state Organization:
(i.e. nonprofit, for-profit, local government; if the non-state organization is a local government, please indicate the type of
local government - municipality, county commission, constitutional officer, water management district, etc.)
Awnrrlinn Arianr r
Title of State Project:
Catalog of State Financial Assistance (CSFA) Number:
Contract/Grant/Agreement Number:
PART A
YES NO
T 1. Is the non-state organization a district school board, charter school, community college,
government/public university outside of Florida or a Federal agency?
2. Is the relationship with the non-state organization only to procure commodities (as defined in
287.012(5) F.S.)?
3. Does the relationship with the non-state organization consist of only Federal resources, State
matching resources for Federal Programs or local matching resources for Federal Programs?
_ 4. Does the relationship with the non-state organization consist of only State maintenance of effort
(MOE)2 resources that meet all of the following criteria?
--- - A. Do Federal Regulations specify the requirements for the use of the State MOE resources and
are there no additional State requirements?
B. Do contracts contain sufficient language to identify the State MOE resources and the associated
Federal Program?
T _ C. Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that
the State MOE resources should be tested in an A-133 audit in accordance with Federal
Program requirements?
2 MOE refers to the Federal maintenance of effort/level of effort requirements as defined by OMB Circular A-133
Compliance Requirement G (Matching, Level of Effort, Earmarking).
If any of 1-4 above is yes, the recipient/vendor relationship determination does not need to be completed because the
FSAA is not applicable to the non-state organization.
Revised January 01, 2002
Form Number: FSAA CL2
Page 4 of 5
PART B
Recipient/Vendor
Relationship
Determination:
The following should be analyzed for each relationship with a non-state organization where it has been determined that the state
program provides state financial assistance (i.e. is a State Project) and the non-state organization is not exempt based on the questions
above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application.
YES NO
1. Does State law or legislative proviso create the non-state organization to carry out this State Project?
2. Is the non-state organization required to provide matching resources not related to a Federal Program?
3. Is the non-state organization required to meet or comply with specified State Project requirements in order to receive
State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as
eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project
requirements do not include procurement standards, general guidelines, or general laws/rules.)
4. Is the non-state organization required to make State Project decisions, which the State agency would otherwise
. make? (e.g. determine eligibility, provide case management, etc.)
5. Is the non-state organization's performance measured against whether State Project objectives are met? (e.g. number
of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc.
Performance measures may or may not be related to State performance-based budgeting.)
If any of the above is yes, there is a recipientlsubrecipient relationship and the non-state organization is subject to the
FSAA. Otherwise the non-state organization is a vendor and is not subject to the FSAA. ,
PART C
Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion
regarding the non-state organization:
(Check one) Recipient/Subrecipient: Vendor: Exempt Organization:
Comments:
Print Name: Telephone Number:
Title:
Signature: Date:
Note it is the program personnel's responsibility to notify Finance and Accounting of which non-state organizations have
been determined to be recipients and are receiving state financial assistance (i.e. disbursements must be coded as 7500
object code in FLAIR).
Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and
still consider the non-state organization a recipient under the Florida Single Audit Act.
If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in
the document that established the State's, recipient's, or subrecipient's relationship with the non-state organization.
Questions regarding the evaluation of a non-state organization or if it has been determined that the non-state organization is a recipient and a CSFA
number has not been assigned, contact your FSAA State agency liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget
Management Policy Unit at (850) 487-3832. Reference may be made to Rule 27D-1, FAC.
Revised January 01, 2002
Form Number: FSAA_CL2
Page 5 of 5
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