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COOPERATIVE FUNDING AGREEMENT FOR IMPLEMENTATION OF BMPS IN THE STEVENSONS CREEK WATERSHED - SPRING BRANCH (L701) ". L ~. ~ AGREEMENT NO. 07C00000014 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE STEVENSONS CREEK WATERSHED- SPRING BRANCH (L701) 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 CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748, Clearwater Florida, 33758-4748, 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 BMPs in the Stevensons Creek Watershed - Spring Branch Improvement Area, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. 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 in the introductory paragraph of this Agreement. Project Manager for the DISTRICT: Project Manager for the CITY: Richard Mayer, P.E. Elliot Shoberg, P.E. Page 1 of 8 , ~ 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 3.1 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 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 consultants or 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 Dollars ($2,000,000). The DISTRICT agrees to fund PROJECT costs up to One Million Dollars ($1,000,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to One Million Dollars ($1,000,000) 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 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." The CITY may contract with consultant(s) or contractor(s) or both in accordance with the Special Project Terms and Conditions Page 2 of 8 . . 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 Offi ce Box 1166 Brooksville, Florida 34605-1166 3.2 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. 3.3 The CITY will not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.4 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 CINS matching funds, as represented in this invoice, are directly related to the performance' under the Implementation of BMPs in the Stevensons Creek Watershed - Spring Branch (L701) agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. ), are allowable, allocable, properly documented, and are in accordance with the approved project budget." 3.5 The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 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. Page 3 of 8 4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties and will remain in effect through December 31, 2011, unless terminated, pursuant to Paragraph 9 below, or amended in writing by the parties. 5. 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 three (3) 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. 6. 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. 7. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. 8. 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. 9. 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. To initiate termination, the terminating party must provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and 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. 10. 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. Page 4 of 8 11 . DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if applicable, 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 providesignage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 12. 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. 13. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under this Agreement. 14. 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 DI~TRICT rules and regulations. 15. 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- and woman-owned business enterprises, both as prime contractors and sub-contractors, in the performance of this Agreement, in accordance with applicable laws. 15.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority- and woman-owned businesses are afforded an opportunity to participate in the performance of this Agreement. 15.2 The CITY agrees to provide to the DISTRICT, upon final completion of the PROJECT, a report indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spe':lt with each contractor or sub-contractor, and whether each contractor or sub-contractor was a minority- or woman-owned business enterprise. If no minority- or woman-owned business enterprises were used in the performance of this Agreement, then the report shall so indicate. Page 5 of 8 . . 16. 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. 17. 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. 18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 19. 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. 20. 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. 21. 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 6 of 8 " 22. 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. 23. 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, and then to Exhibit "B." Exhibit "A" Exhibit "B" Exhibit "e" Special Project Terms and Conditions Proposed Project Plan District Travel Procedure 13-5 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 x- '07 Date CITY OF CLEARWATER By: Fr' ~ ibbard, Mayor 5/'1/07 crate COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF CLEARW A TER FOR IMPLEMENTATION OF BMPS IN THE STEVENSONS CREEK WATERSHED- SPRING BRANCH (L701) DISTRICT APPROVAL INITIALS ~TE LEGAL M6ht 110(, RISK MGMT NtA CONTRACTS ~~ RM DEPT DIR DEPUTY EXEC DIR . - . GOVERNING BOARD Nt Page 8 of 8 AGREEMENT NO. 07C00000014 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design and a contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT in accordance with the Proposed Project Plan attached as Exhibit "B." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR and will give notice to proceed to the CONSULTANT no later than May 31,2007. 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 PARTICIPATION IN SELECTING CONSULTANT AND REVIEW OF CITY'S SELECTION OF CONTRACTOR. Upon notifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT in accordance with Section 287.055, F.S. 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 CONSULTANTS and its CONTRACTORS as referenced above in item number one of this exhibit. The DISTRICT will not unreasonably withhold its approval. 5. COMPLETION DATES. The CITY will commence construction on the PROJECT by September 30, 2008, and will complete the PROJECT by October 31, 2011. However, in the event of any national,state or local emergency which significantly affects the Page 1 of 2 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, then the CITY'S obligation to complete said work within aforementioned time frames 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. Page 2 of 2 AGREEMENT NO. 07C00000014 EXHIBIT "B" PROPOSED PROJECT PLAN Project Description This PROJECT consists of design, development of construction documents, construction permitting, land acquisition, bidding and contractor selection, construction of the BMPs, and construction engineering and inspection. Refer to Attachment 1 for the PROJECT location. Scope of Work Key tasks to be performed by the CITY: 1. Attend one meeting with the DISTRICT prior to beginning the PROJECT to discuss the approach, schedule and budget; 2. Prepare a design, Design Report, and Environmental Resource Permit (ERP) application; 3. Prepare construction documents; 4. Provide the DISTRICT with the Design Report, ERP application, and construction documents for review, and approval; 5. Bid, select and hire a CONTRACTOR to complete the construction in accordance with the DISTRICT approved construction documents; 6. Provide construction engineering and inspection services during construction; 7. Monitor all phases of construction by means of survey, observations and materials testing to give reasonable assurance that the construction work will be performed in accordance with the approved construction documents set forth in the DISTRICT approved contract between the CITY and its CONTRACTOR; 8. Provide the DISTRICT with one copy of a summary of the construction quality assurance data, construction record drawings and permit related submittals; and 9. Be responsible for any post-PROJECT reporting that may be required. by the permitting agencies. Page 1 of 2 Project Budget Description CITY DISTRICT TOTAL Design, Permitting, and Construction $ 75,000 $ 75,000 $ 150,000 Documents Construction Eng. & Insp. $ 50,000 $ 50,000 $ 100,000 Construction $ 875,000 $ 875,000 $1,750,000 Total: $1,000,000 $1,000,000 $2,000,000 Project Schedule Description Completion Dates Design and Permitting & Construction Documents September 30,2008 Complete Construction October 31, 2011 DISTRICT Review of as-built drawings and quality assurance December 1, 2011 test results Page 2 of 2 EXHIBIT "c" AGREEMENT NO. 07C00000014 PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTION/DEPT.: Re~ing/Fi ance < NUMBER: " . ~ 'l;tj<J.b ApPROVED BY: DAVlOl. Moo~EXECUTlVE DJREC'(OR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 1 OF 11 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 i.s 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 EXPENSES1: 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 TRA VELERS2: 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 memb~rs · 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 t~ 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 1 Travel Expense - The usual ordinary and incidental expenditures necessarily incurred by a traveler. (~112.061(2Xg). F.S.) 2 Authorized Traveler - A public officer, public employee, or authorized person when performing authorized travel. (~112.061{2Xf), F.S.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECT.IONIDEPT.: RePP:rting/Fi9ance NUMBER: . . ~OI. ~ Cj...I.f~c. ApPROVED BY: DAVlOL MOORE, EXECuT1IIEDtRECToR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 2 OF 11 SUPERSEDES: 08/30/96 · 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 3O-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 period3. All District travelers must use this form to define the pUblic purpose and obtain approval for the following: . Attendance at any convention4, conference5, 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. TheTA 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 T A must be kept on file in the traveler's department for both the current fiscal year and the prior fiscal year. The original T A 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(2)(j), ES.} 4 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 (FAC.)) 5 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), FAC.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONlDEPT.: R~ng/;]i LC NUMBER: (. f-,-/-t) ( . ApPROVED BY: VIoL. MOORE. ExECUTIVEDfRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 3 OF 11 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 origin6 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 traveler's 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 exceed8D percent of expected travel expenses for a two-week travel period. Employees in continuous travel status must submit a Tr~vel 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 traveler's return .6 Point of Origin - the geographic location of the traveler's 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 SECTJoNlDEPT.: R~n9/Fra~~ . NUMBER: ~P<.-: .~ C}-\f'O' ApPROVED BY: DAVID L. MOORE:, exECUTIVE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 4 OF 11 SUPERSEDES: 08/30/96 to work. TVs that do not include a travel period covered by a T A musf 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. SIGNA lURES 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 homeov~might. This is based on four equal quarters of six hours each, which shall be a travel day7 (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 (CI~ss 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: . . A flat rate of $80 per day ($20 per quarter day) requiring no receipts for rooms or meals. OR . 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. 7 Travel Day - A period of 24 hours consisting of four quarters of six hours each. (~112.061(2}(i), F.S.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL . Accounting & Financial S.ECTIONlDEPT.: ReP9'1irg/Finflce NUMBER: ~~, 111......... q-Cf-or. ApPROVED BY: DAVlDL~'~lJTIIIEDIRECTOR EFFECTIVE DATE: 13-5 10/01106 PAGE: 50F11 SUPERSEDES:Oa/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)(1), F.S. SUBSISTENCE (MEAL ALLOWANCE) RATES (Class A, B or C Travel): 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, worksho'ps, 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 T A 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 incomefot 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/ACCOMMODA nONS: Lodging expenses are authorized for District travelers in Class Aor 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. PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTION/DEPT.: RepOrtinan1nan~ /},~ . NUMBER: ~ . /If4I-- 1-V-OJ. ApPROVED BY: DAVlDL OOR!:;. ExECUTIVE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 6 OF 11 SUPERSEDES: 08/30/96 When the scheduled conclusion of an event prevents a traveler from retuming 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 p(ovider 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 p-aveler 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: a Odometer readings a Online map program , a 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. 8 Cammon Carrier - Commercial airline operating scheduled flights or rental vehicles of an established rental car firm. (~112.061(2Xh). F.S.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONIDEPT.: Reportin~ance f1t.l NUMBER: ~ J,~ ,...'1-0-1. ApPROVED BY: DAVlDl~RE. ExECUTIVE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 70F11 SUPERSEDES: 08/30/96 . If traveling on a non-business day" to a location other than their official headquarters or assigned work location. the point of origin may be the traveler's 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 TV. . 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 traveler's departure. District employees on official business must make payment with their District procu rementcard. Personal. use of a rental vehicle may not be reserved or charged to a District procu rement card. Before signing a rental vehicle agreement, travelers are to ensure: . The proper rental rate has been applied. . Additional insurance coverage win 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 vehide to appropriately accommodate the traveJ 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. Intermediate Full-Size Four-Door Minivan 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 9. 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 SECTloNlDEPT.: Reporting/~F' ce 21= NUMBER: 13-5 . - ~f~ ApPROVEDBV: DAVlOL. ~ UTI\IEDIRECTOR EFFECTIVE DATE: 10/01/06 PAGE: 8 OF 11 SUPERSEDES: 08/30/96 ref~eled prior to being returned. Original fuel receipts must be filed with the traveler's 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 TV. 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 flighfs scheduled departure time to retain the value of a ticket for future use (within one year) by the named traveler. If the Districtincurs 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 Accounti"ng & Financial SECTIONJOEPT.: Reporting/~nced Au .. NUMBER: ~ ~ I'~ q ...'f-CJG, ApPROVED BY: ...VloL M e. ExEcuTive DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 9 OF 11 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 estiinated cost provided by.th~ 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 Districfs 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 Counselor Inspector General will. be arranged through the Executive Department, after receiving approval as stated in this procedur~. 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 Executiv~ 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. .,. ..., , PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTloNlDEPT.: RepOrting/Fi~. . J (1,~. NUMBER: 'I'<. · f~ q..~-(), ApPROVED BY: :-IIoL MOORE. EXEOUTIVEOIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 10 OF 11 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 win require justification. Other travel expenses not detailed in this procedure shall be handled by exception with the Finance Director's approval. EMERGENCY SITUA TIONS10: When a public officer, employee or authorized person away . from their official headquarters on personal time11 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 retu.rn to their point of origin after the emergency situation has ended, - rather than returning to or staying at their official headquarters, the traveler may be 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 Exec,utive 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), F.A.C.) 11 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 SECTIONIDEPT.: Reporting/F~n e Ir . NUMBER: 13-5 pc---- 'i,Lf-br, ApPROVED BY: AVlOL MOORE, exECUTIVE DIRECTOR EFFECTIVE DATE: 10/01/06 PAGE: 11 OF 11 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 FederSl, State and County reimbursement subrnittals. 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 (meal allowance) rates shall remain the same, but the schedule for Class C subsistence (meal allowan~e) 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.