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2014-101 CONTINUING SERVICES AND AGREEMENT FOR ON-CALL CIVIL ENGINEER PROFESSIONAL SERVICES THIS AGREEMENT is entered into as of this q . day of e( pitAbe-r 2014, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, hereinafter referred to as "CITY" and CRIBB PHILBECK WEAVER GROUP, INC., 1318 Bowman Street, Clermont, Florida, hereinafter referred to as"ENGINEER." WITNESSETH WHEREAS, the CITY is in need of qualified and licensed ENGINEER services related to various municipal projects; WHEREAS, the CITY, in accordance with Section 287.055, Flonda Statutes, solicited proposals for professional services as more fully described and set forth in On-Call Professional Civil Engineer Services RFQ 14-034; and WHEREAS, the ENGINEER submitted a proposal to provide said services and has represented to CITY that it is qualified and desires to perform said services in accordance with the terms and conditions contained herein, and all applicable law and professional standards; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM 1.1 This Agreement is to become effective upon execution by both parties, and shall remain in effect for a three (3) year term, unless terminated as provided for herein. Additionally, the parties agree that the term may be extended upon mutual agreement for periods of one (1) year, but such option to extend may only be utilized three (3) times unless authorized by the City Council for additional extensions. 1.2 The term of any task authorization/work order, as described in Section 2 hereof shall be as set forth in such task authorization/work order, and all of the terms and conditions of this Agreement shall survive until completion of all task authorizations/work orders. 2.0 DESCRIPTION OF SERVICES 2.1 It is expressly understood and acknowledged that nothing herein shall obligate or guarantee to ENGINEER any agreement or task authorization and CITY expressly reserves the nght to exercise its option to issue any such agreements to any qualified firm or entity in accordance with all applicable laws, ordinances, policies and/or regulations. 1 2.2 The CITY shall make request of ENGINEER to provide professional engineering and other related consulting services on a task basis. The CITY will communicate with ENGINEER, verbally or in writing, a general description of the task to be performed. The ENGINEER will generate a detailed Scope of Work document, prepare a Schedule, add a not-to-exceed-budget to accomplish the task, and send the thus developed "Task Proposal" to the CITY. If a site visit by ENGINEER is needed to generate the scope document, ENGINEER shall request approval prior to visiting the site. The CITY will review the proposal, and if the description is mutually acceptable, the parties will enter into a written "task authonzation or work order". The Scope of Services generally to be provided by the ENGINEER shall be as provided and contemplated by the CITY in that certain RFQ 14-034, and ENGINEER'S response thereto, which are expressly incorporated herein and made a part hereof as if restated. ENGINEER shall not be authorized to proceed until the CITY has issued a Notice to Proceed to the ENGINEER. Upon receipt of the signed Task Authorization and a Notice to Proceed from the CITY, the ENGINEER shall perform the services set forth in the task authorization/work order. 2.3 ENGINEER shall provide CITY'S designated project manager with monthly time sheets or labor cost statements for services rendered during the preceding month. Each time sheet shall state the names and classifications of all personnel who performed services during said month under the task authorization, and the number of hours worked by each. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 CITY may make changes in the services atanytime by giving written notice to ENGINEER. If such changes increase (additional services) or decrease or eliminate any amount of work, CITY and ENGINEER will negotiate any change in total cost or schedule of modifications. If the CITY and ENGINEER approve any change, the task authorization/work order will be modified to reflect the changes; and ENGINEER shall be compensated for said services in accordance with the terms of Article 5.0 herein. All change orders shall be authorized in writing by CITY'S and ENGINEER'S designated representatives. 3.2 All of CITY'S said task authorizations/work orders and amendments thereto shall be performed in stnct accordance with the terms of this Agreement insofar as they are applicable. 4.0 SCHEDULE 4.1 ENGINEER shall perform services in conformance with the mutually agreed upon schedule set forth in the negotiated task authorization. ENGINEER shall complete all of said services in a timely manner and will keep CITY fully informed of the status of work on a reasonable basis in relation to the scope of the project or at least monthly. Should ENGINEER fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed upon schedule at no additional cost to the CITY. 2 4.2 No extension for completion of services shall be granted to ENGINEER without CITY'S prior written consent, except as provided in Sections 3.1 and 20.0 herein. 5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES 5.1 DEFINITIONS: 5.1.1 The "ENGINEER's Professional Services Fee Schedule" as set forth in Exhibit "A", attached hereto and incorporated herein, are used as a basis for payment for services pursuant to Paragraphs 2.0 and 3.0. These fee schedules shall include wages, salaries, taxes, insurance, overhead and profit. The hourly salary rates set forth in the Fee Schedule are firm for the initial term of the contract (3 years), but are subject to an equitable adjustment that is to be negotiated prior to the renewal of the Agreement. Any adjustments to the Fee Schedule must be mutually agreed to by the CITY and ENGINEER. 5.1.2 The "ENGINEER's Reimbursable Expenses Schedule" as set forth in Exhibit "B", attached hereto and incorporated herein, as provided by the ENGINEER, is used as the basis for payment for actual costs of all reimbursable expenses incurred in connection with the services rendered. Reimbursable expenses are limited to: printing, travel (not ordinary to the project) and the purchase of specialized software or equipment specific to the task authorization, which are directly in connection with the project and been pre- approved by the City. Said reimbursable expenses shall be passed through at a cost factor of 1.0. 5.1.3 The "Deliverables" are defined as plans, reports, findings, specifications, or anything else that is the end product or work performed by the ENGINEER or the CITY. ENGINEER shall, within such time constraints as may be set forth in the work order, submit to CITY the deliverables as identified in the work order; and ENGINEER shall, upon completion of all work, submit to the CITY all information developed in the course of the consulting services. ENGINEER shall, upon request by CITY and upon completion or termination of this Agreement, deliver to CITY all material furnished to ENGINEER, provided the CITY identifies those materials in writing. 5.2 PAYMENT/COMPENSATION: CITY agrees to pay or compensate the ENGINEER for the professional services performed on each task authorization/work order in accordance with one of the following methods, unless otherwise provided herein or in the task authorization/work order. 5.2.1 Not to exceed cost based upon the "ENGINEER's Professional Services Fee Schedule." 3 5.2.2 Lump sum cost based upon the "ENGINEER's Professional Services Fee Schedule." 5.3 SERVICES-ADDITIONAL: CITY shall pay ENGINEER as follows: 5.3.1 Professional Associates, ENGINEERs and/or Subcontractors: For services and expenses of independent associates, ENGINEERs and/or subcontractors employed by ENGINEER, the amount invoiced to ENGINEER times a factor of 1.0 for invoices to the CITY. 5.3.2 Expert Witness: For any litigation, arbitration or other legal or administrative proceeding for any time spent in preparation for such litigation, for on the same basis as set forth in Paragraph 5.1 and 5.3.1. 5.4 Times of Payments: At monthly intervals, ENGINEER shall submit statements for services, additional services rendered and for reimbursable expenses incurred. The statements will be based upon ENGINEER'S actual manpower expended and actual expenses incurred within the billing period. 5.4.1. As a condition precedent to receiving payment, ENGINEER shall have been authorized to proceed by CITY, shall not be in default of any of the terms and conditions of this Agreement and shall provide to CITY an invoice. The invoice shall be forwarded to CITY, no more frequently than once per month, and signed by an authorized representative of ENGINEER related-to the applicable monthly installment payment. The invoice shall include a statement identifying the period for which it applies and the sub-tasks or portions thereof, completed by the specific task authorization/work order, and specifically set forth the percent of completion of each sub-task for which compensation is being requested. 5.4.2. All invoices submitted for compensation shall include a statement by ENGINEER that states as follows: "This statement sets forth only actual time spent by the firm's employees and does not contain any unit billing, multipliers, or other devices that permit payment for more than actual time spent." 5.4.3. CITY shall pay all valid, approved, and undisputed invoices within thirty (30) days of receipt from ENGINEER. In the event that CITY disputes any invoice submitted, it shall advise ENGINEER, in writing; and said invoice shall not be deemed due and payable under this agreement. Neither the CITY'S review, approval or acceptance of, nor payment for, any services provided hereunder shall be construed to operate as a waiver of any rights under this Agreement and the ENGINEER shall be liable to CITY for any and all damages to CITY caused by the ENGINEER'S negligent or wrongful performance of any of the services furnished under this Agreement. 4 5.5 Other Provisions Concerning Payments: 5.5.1 In the event of termination by CITY under Section 19.0 during the performance of the services, payments due ENGINEER up to the point of termination, including payments for_services rendered, and ,all costs incurred shall constitute total payment for such services. 5.5.2 Records of ENGINEER's Salary Costs and Expenses pertinent to ENGINEER'S compensation under this Agreement will be kept in accordance with generally accepted accounting principles. These records will be made available to CITY for audit upon request by CITY. Copies will be made available to CITY on request prior to final payment for ENGINEER'S services. 5.5.3 A separate invoice must be submitted for each individual task authorization. Invoices must show a breakdown of the number of hours worked by each person charging time to the task authorization, hourly salary cost and any reimbursable expenses. 6.0 RIGHT TO INSPECTION 6.1 CITY or its agents shall at all times have the right to review or observe the services performed by ENGINEER. 6.2 No inspection, review, or observation shall relieve ENGINEER of its responsibility under this Agreement. 7.0 PROGRESS MEETING CITY'S designated Project Manager may hold periodic progress meetings on a monthly basis, or more frequently, if required, during the term of any task authorization entered into under this Agreement. ENGINEER'S Project Manager and all other appropriate personnel shall attend such meetings as designated by CITY'S Project Manager, and ENGINEER'shall be compensated at`the billing rates set forth in Article 5.0 8.0 SAFETY 8.1 ENGINEER agrees to comply with CITY'S published safety standards while on the property of CITY. A copy of these standards is provided in Exhibit "C", attached hereto and incorporated herein. 8.2 ENGINEER shall have full responsibility and assume all liability for the safety and supervision of its employees while performing services provided hereunder. 5 9.0 REASONABLE ACCESS During the term of this Agreement, CITY shall grant ENGINEER reasonable access to the CITY'S premises for purposes of fulfilling its obligations under this Agreement. 10.0 INSURANCE AND HOLD HARMLESS/INDEMNIFICATION ENGINEER and/or any CITY approved subcontractors or sub ENGINEERs shall maintain in force during the term of this Agreement, at its own expense, insurance as set forth below and shall be bound by the terms of the Hold Harmless/Indemnification provisions expressed-therein. Worker's Compensation—as required by applicable state statute. Commercial General Liability - $1,000,000 per occurrence for bodily injury, including death and property damage -and $2,000,000 in the aggregate. The General Liability policy shall include the commercial form, contractual liability and independent contractor's coverage. Automobile Liability - $1,000,000 combined single limit for bodily injury and property damage. The Automobile Liability policy shall include the business form, owned, hired and non-owned coverage. Professional Liability(E&O) - $1,000,000 each claim and in the aggregate. Property Coverage—Property coverage in limits sufficient to remedy the loss, and/or loss of use of, valuable papers and records, and any other property of the party utilized in connection with the City. The General Liability and Automobile Liability shall each contain an endorsement naming the City as'an additional insured as to any liability arising out of insured party's performance pursuant to this agreement. The Worker's Compensation and Employer's Liability coverage shall contain an endorsement waiving subrogation as against the City. Indemnification — ENGINEER shall indemnify and hold harmless and defend the Client and its employees from any liability, settlements, loss of costs of any kind, whether actual or threatened, (including reasonable attorney's fees and cost of defense) to the extent caused by the negligent act, error or omission of ENGINEER in the performance of services under this Agreement. 11.0 COMPLIANCE WITH LAWS AND REGULATIONS ENGINEER shall comply with all requirements of federal, state and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of this Agreement. 6 12.0 REPRESENTATIONS 12.1 ENGINEER represents that the services provided hereunder shall conform to all requirements of this Agreement, RFQ 14-034 and ENGINEER'S response thereto; shall be consistent with recognized and sound professional engineer practices and procedures; and shall conform to the customary standards of care, skill, and diligence appropriate to the nature of the services rendered. 12.2 ENGINEER represents that the personnel furnishing such services shall be qualified and competent to perform the services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 12.3 Subject to the provisions of this Section, should ENGINEER breach the warranties set forth herein, CITY shall have such remedies as may be provided at law or equity. 12.4 Without limiting the generality of the foregoing, if the ENGINEER completes its services under any task authorization entered into hereunder, and the ENGINEER'S services are non-complying, defective, or otherwise improperly performed and CITY notifies ENGINEER in writing that a defect, error, omission or noncompliance has been discovered in ENGINEER'S services, ENGINEER shall, at the option of CITY: a) correctly re-perform such non-complying, defective, or otherwise improperly performed services at no additional cost to CITY; b) refund the amount paid by CITY attributable to such non-complying, defective or otherwise improperly performed services; or c) if ENGINEER fails to take action under a) above, at ENGINEER'S sole expense, otherwise cure or have cured any such non-complying, defective, or otherwise improperly performed services. 12.5 The only representations made by ENGINEER are those expressly enumerated in this provision. Any other statements of fact or descriptions expressed in the Agreement or any attachments thereto, shall not be deemed to constitute a warranty of the work or any part thereof. 13.0 GUARANTEE AGAINST INFRINGEMENT ENGINEER guarantees that all services provided under this Agreement shall be free from claims of patent, copyright, and trademark infringement. Notwithstanding any other provision of this Agreement, ENGINEER shall indemnify and hold harmless CITY, its officers, directors, employees, agents, assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual infringement of any patent, copyright, or trademark resulting from the use of any goods, services, or other items provided under this Agreement. Notwithstanding the foregoing, ENGINEER may elect to provide non-infringing services. 7 14.0 DOCUMENTS 14.1 Upon CITY'S or its designated Project Manager's request, at any time during the term of this Agreement or upon completion or termination of this Agreement, ENGINEER shall provide CITY or its designated Project Manager with a copy of all documents and electronic files prepared by ENGINEER under this Agreement or any Task Authorization hereunder. CITY understands that re-use of any documents for any other purposes, shall be at the CITY'S own risk. 14.2 The parties acknowledge that the CITY is a Florida municipal corporation and subject to 'the Florida Public Records Law, therefore, to the extent applicable to it, ENGINEER agrees to comply with the terms thereof with regard to any and all documents related to the CITY. 14.3 Drawings, specifications, reports, -program, manuals, calculations, supporting design documentation or other documents, including all documents on electronic media, provided by the ENGINEER or their sub-ENGINEERs, prepared under this Agreement shall be come property of the CITY. Conformed documents, record documents and final written documents shall be provided electronically in a form specified by the CITY. The CITY agrees to release ENGINEER from any liability that may result from the re-use of documents or modifications thereof, by the CITY of its representatives for any other purpose other than the original intent of this Agreement, without written authorization by the ENGINEER. ENGINEER will retain all common law, statutory, and other reserved rights, including the copyright thereto. 15.0 ASSIGNMENT 15.1 ENGINEER shall not assign-or subcontract this Agreement, any task authorization hereunder, or any rights or any monies due or to become due hereunder without the prior, written consent of CITY. 15.2 If, upon receivingwritten approval from CITY, any part of this Agreement is subcontracted by ENGINEER, ENGINEER shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 15.3 - If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify ENGINEER who shall take immediate steps to remedy the situation. 15.4 If any part of this Agreement is subcontracted by ENGINEER, prior to commencement of - any work by the subcontractor, ENGINEER shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY'S Risk Management. 8 16.0 INDEPENDENT ENGINEER At all times during the term of this Agreement, ENGINEER shall be considered an independent ENGINEER. 17.0 CONFLIST OF INTEREST ENGINEER shall not undertake any task on behalf of the CITY where ENGINEER has a conflict of interest arising out of a part or present professional relationship with another client. The ENGINEER shall notify the CITY in writing of any conflict of interest or potential conflict of interest should arise. 18.0 DEFAULT If during the term of this Agreement, ENGINEER shall be in default of any of the material provisions of this Agreement, CITY may suspend its performance hereunder until such delinquency or default has been corrected; provided, however that no suspension shall be effective unless and until CITY gives written notice of the default to ENGINEER with at least ten (10) days to cure such default. If ENGINEER fails to correct such delinquency or default within thirty(30) days of suspension by CITY, CITY may terminate this Agreement. 19.0 TERMINATION Notwithstanding any other provision of this Agreement, CITY may, upon written notice to ENGINEER, terminate this Agreement if: a) without cause and for convenience upon thirty(30) days written notice to ENGINEER b) ENGINEER is adjudged to be bankrupt; c) ENGINEER makes a general assignment for the benefit of its creditors; d) ENGINEER fails to comply with any of the conditions of provisions of this Agreement; or e) ENGINEER is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 20.0 FORCE MAJEURE Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God: fire; -flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to CITY'S_affiliates' generating plants, their equipment, or facilities;ties• court injunction or order; federal deral and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstances of Force Majeure remain in effect for sixty (60) days, either party may terminate this Agreement. 9 21.0 GOVERNING LAW & VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue shall be Lake County, Florida, or the United States District Court in and for the Middle Distnct of Flonda. 22.0 HEADINGS Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 23.0 SEVERABILITY In the event any portion or part of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision,of this Agreement. The validity and enforceability of the remaining parts thereof shall otherwise be fully enforceable. 24.0 WAIVER AND ELECTION OF REMEDIES 24.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be considered a waiver of that terin, condition, or provision in the future. 24.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 25.0 THIRD-PARTY RIGHTS Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and ENGINEER. 26.0 PROHIBITION AGAINST CONTINGENT FEES ENGINEER warrants that it has not employed or retained any company or person, other than a bona-fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, gift, or other consideration "contingent upon or resulting from the award or making of this Agreement. 27.0 ENTIRE AGREEMENT Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and exhibits attached hereto, constitutes the entire agreement between CITY and ENGINEER with 10 respect to the services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 28.0 SOVEREIGN IMMUNITY Nothing contained in the Agreement shall be construed as a waiver of the CITY'S rights to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the CITY'S potential liability under state or federal law. 29.0 NOTICE Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: CITY: City of Clermont Darren Gray, City Manager 685 West Montrose Street Clermont, Florida 34711 ENGINEER: Cribb Philbeck Weaver Group, Inc. Stephen R. Tarte, Vice President 1318 Bowman Street Clermont, FL 32801 Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below: CITY OF CLERMONT, FLORIDA CRIBB PHILBECK WEAVER GROUP, INC. BY: _I BY: Gail Ash, Mayor .S`i els a d /ares:d Printed Name and Title ATTEST: ATTEST: Tracy Ackroyd, City Clerk r� C{h (CORPORATE SEAL) 11 _ 2 - t.R\►F►l4A EXHIBIT A EXHIBIT B 0 CPWG �PH ,AW.GROUP CLERMONT CIVIL ENGINERING ON-CALL FEE SCHEDULE Cribb Philbeck Weaver Group October 30,2014 Labor Category Rate Principal in Charge(PIC) $ 175.00/HR. Project Manager(PM) $ 155.00/HR. Professional Engineer(PE) $ 135 00/HR Engineer(EI) $ 115.00/HR GIS Specialist,GISP $ 125.00/HR GIS Technician $75.00/HR GIS Programmer(developer) $ 150 00/HR Senior Transportation Planner $ 155.00/HR Senior Engineering Technician $95.00/HR Engineering Technician $75.00/HR CADD Specialist $65.00/HR Clerical/Administrative $50.00/HR Project Construction Managers $ 125.00/HR Construction Inspector $65.00/HR Engineering Expert Witness $200.00/HR Reimbursable Items Presentation Plots-Black&White(24"x36") $5.00 Bond Prints-Black&White(24"x 36") $2.50 11"x 17"Color Prints $2.00 11"x 17"Black and White Copies $ 1.00 24"x 36"Color Plots(Prorated by%coverage) $50.00 max. -$10.00 min. 8 1/2"x 11"Color Copies $ 1.00 81/2"x 11"Copies $0.20 Other Reimbursable Costs (Binders,Tabs,etc.) $At Cost Mileage $0.555/Mile 1318 Bowman Street Clermont, Florida 352-508-9245 EXHIBIT C 0 C City of Clermont, Florida Safety Program Policy (Replaces Safety Policy dated November 24, 1998) trassormaissimanolofto A. Purpose The City of Clermont (City) is committed to ensuring that employees have safe and healthy conditions in which to work This obligation is owed to each employee and citizen of Clermont, since there is a direct relationship between the personnel and monetary cost of accidents and the ability to provide reliable cost-effective services B. Scope The provision set forth in this safety policy shall apply equally to all City employees, and for the purpose of this policy volunteers shall be considered employees C. Directive Identification and correction of all safety hazards and issues must have immediate and decisive action Effective implementation of a comprehensive safety program depends upon the commitment of all City employees to reduce occurrences of preventable accidents and injuries. Through education and the promotion of safe work habits, all employees will understand what is expected Safety must be an ongoing and essential part of all employees' work day. D. Guidelines The City's Safety Program consists of several key elements. 1 Responsibilities of Management, Supervisors, and Employees — Safety responsibilities at every level of the City must be clearly defined in writing and relayed through training. 2 Written Practices and Training Programs — Specific written safety practices and training programs clearly define safety expectations that are necessary to prevent exposures, fatalities and serious injuries 3 Safety Meetings — Safety meetings are held and provide an opportunity to discuss a variety of safety topics. 4 Safety Action Team (SAT) — The Safety Action Team's main function is to facilitate and improve the safety of all City Employees 1 10/08/2013 5. Corrective Action/Disciplinary Policy — The Personnel Policy, Employee Disciplinary Procedure defines how safety rules will be fairly and consistently administered when not adhered to. The City Manager shall establish procedures to implement this policy Approved and adopted by the Clermont City Council by resolution number 2013-29 on October 8, 2013. 2 10/08/2013 towfig City of Clermont, Florida Safety Program Procedure Effective: October 9, 2013 (Replaces Safety Policy dated November 24, 1998) A. Purpose The purpose of this document is to provide an overall written description of the City of Clermont's (City) Safety Program. B. Scope The provision set forth in this safety policy shall apply equally to all City employees, and for the purpose of this policy volunteers shall be considered employees. C. Employee Duties and Responsibilities Employees must participate in, abide by, and be accountable for the City's safety program. There are many ways in which employees can be involved and remain informed. 1. Safety Action Team (SAT) — The SAT is comprised of a variety of talents of employees and representation from all the departments. The periodic forum allows for employee input on safety matters including the presentation of concerns and recommendations for improving overall employee safety, review of injuries/accidents and development of preventative corrective measures, and evaluation and promotion of safety training programs. 2. Correction/reporting of safety hazards — Employees are empowered to correct unsafe conditions within his/her power to correct, other items should be reported to a supervisor/manager immediately. 3. Reporting injuries/illnesses and accidents — Reporting all injuries/illnesses and accidents to the supervisor, regardless whether medical attention is sought. Near miss injuries and accidents should also be reported. 4. Participation in safety training — Employees must receive the proper safety training required by his/her job assignment. Supervisors/managers are directly responsible for ensuring that employees receive the required training. 5. Conducting safety meetings — Supervisors/managers are responsible for conducting safety meetings or ujust in time" training topics, topics discussed or presented in SAT meetings, or topics pertinent to the respective work area. Employees are encouraged to volunteer to present safety topics (topics provided by the supervisor/manager)to fellow co-workers. 6. Conducting safety training for new/current employees — Supervisors/managers are responsible for conducting or coordinating the facilitation of safety training for new and current employees. Employees may be asked to conduct specific safety training pertinent to the respective work area by the supervisor/manager. D. Management/Supervisory Duties and Responsibilities 1. Policy — The City has established a Safety Program Policy, which has been approved by the City Council. 2. Involvement — Management involvement consists of management showing a hands-on involvement in the City's Safety Program. This is accomplished by numerous means including, support of the SAT, conducting/ensuring investigations be conducted into injuries/illnesses and property damage, and discussing safety topics at meetings. Observing management involvement encourages employees to become more personally involved in safety and fosters a caring, trusting relationship between employees and management. 3. Role and Responsibility — Managers/supervisors are directly responsible for the safety of employees, and must empower employees to take action on safety issues. Empowerment allows employees to take ownership of safety issues and follow issues through to completion. The role and responsibility of managers/supervisors includes the following: a. Being well versed in the content and application of the City's Safety Policy, Procedure and departmental specific safety requirements and guidelines. b. Monitoring employee workplace safety compliance including the use of personal protective equipment(PPE) and other issued safety equipment. c. Encouraging employees to report unsafe work conditions and practices, and empower employees to have the authority to identify and correct safety issues when immediately necessary. d. Encouraging employees to be involved in the City's safety program(s). Allotting time for employees to work on safety issues and volunteer as members on the SAT. e. Being a safety mentor to employees and always leading by example. f. Providing specific safety training to employees, including area specific. g. Attending supervisor safety training courses when offered. 4. Corrective Actions/Discipline — Department Directors will ensure enforcement of safety requirements and respond to non-compliance with progressive or non- , i progressive corrective action/discipline dependent upon the severity of the infraction and other pertinent factors. E. Work Area Safety and Maintenance 1. All employees are responsible for the safety of his/her work area. Employees must practice safe work habits, as work-related accidents can be avoided. Employees should report all safety matters (e.g., trip hazards, broken equipment, etc.)to his/her supervisor immediately so that the issues can be corrected. 2. Managers/supervisors continually observe workplace conditions and correct unsafe conditions and work practices. 3. The Public Works Department conducts maintenance and repair of buildings, building systems, facility sites, and vehicles and equipment. Preventative maintenance services are conducted at intervals specified in maintenance procedures, manuals, and as determined by Public Works. Repairs are completed on an "as needed" basis. Facilities are surveyed to determine and schedule predictable maintenance and repairs. Public Works schedules, tracks and records all maintenance and repairs, including re-occurring preventative maintenance items. F. Injury/Accident Reporting and Supervisor Investigation All injuries/illnesses and accidents involving City property, vehicles, or equipment must be reported to a supervisor immediately, no later than the same workday. This includes non-employee injuries occurring on City property. Medical assistance should be summoned without delay in all instances, should immediate care be necessary. The employee and supervisor injury/illness and/or accident form(s) shall be completed. All reported injuries/illnesses and accidents must be investigated by a supervisor as soon as possible, within twenty-four(24) hours of the supervisor being informed of the injury/accident. Supervisors shall make a thorough report concerning all details involved. The information gained from investigation reports can be utilized to identify and correct unsafe conditions and work practices. The Department Director should be made aware of all injuries/illnesses and accidents, and he/she ensure all required paperwork is completed. The Police Department will investigate accidents where damage to private vehicles/property involves City employees, vehicles and/or equipment. Employees must not admit or offer a settlement in situations involving non- employees and/or non-City property. Employees will only discuss the circumstances surrounding an incident with a supervisor, manager, department director and/or investigating law enforcement officer. All investigation reports are reviewed by the SAT. The SAT discusses the preventability of injuries/illnesses and accidents, whether appropriate action has been taken to prevent future incidences, and make recommendations of additional action if necessary. G. Trend Analysis Part of the process of minimizing injuries/illnesses and accidents involves reviewing causes determined by reports and investigations to identify trends. If a trend is detected, a plan of action will be determined and acted upon. The plan of action may consist of specific training, personal protective equipment, and/or other safety initiatives. H. Safety Training Safety training is the responsibility of the City, management, and employees. 1. All Employees are required to participate in general safety training delivered to all employees through New Employee Orientation, Area Specific Orientation and departmental specific safety topics. 2. Supervisors, managers, and directors are required to attend the programs above, and supervisors may also be required to attend specialty training programs depending on the requirements for the respective work areas. 3. Managers/supervisors will conduct or coordinate the facilitation of other specialty training programs which may be required of employees depending on the specific work area, e.g., Hazard Communication, Hearing Conservation, Bloodbome Pathogen, Respiratory Protection, LockoutfTagout, Confined Space Entry, Ladder Safety, Proper Lifting, Respiratory Protection, and Powered Industrial Vehicle Operation. I. Contractor Safety The City's vendor selection process for the purchase of commercial goods and services typically includes documentation that specifies minimum contractor qualifications, contractor selection criteria, Insurance requirements and specific information about the contract work to be performed. Contractors are required to meet the Federal, State, Local and/or any other safety-related requirements stated in this documentation and provide confirming information to the contract administrator, Purchasing Manager, or Human Resources upon request. Contractors are responsible for training employees in all safety program requirements. J. Record Keeping Records will be maintained by the responsible department, for example Finance/Purchasing will maintain vendor selection records, Public Works will maintain facility maintenance records, Human Resources will maintain New Employee Orientation and Area.Specific Orientation training records, and each department shall maintain employee specific work area training records (e.g. Powered Industrial Vehicle training documents for each-employee within the°department). K. Authority The authorityto issue or revise this'Procedure is reserved to the CityManager. The 9 City Manager may authorize exceptions to this procedure when deemed appropriate. .�� 101 a 3 Dare vety, City Manager D e Appendix A Common Safety RuleslGuidelines The following safety rules or guidelines are generic in nature and apply to all City employees. Department specific safety rules and/or guidelines are developed by the departments as necessary. . Vehicle Safety • All vehicles are inspected in accordance with Appendix B of this procedure. • Employees will not operate a vehicle that has been determined to be unsafe until repairs or corrective action has been made. • Any employee operating a City vehicle will be in possession of a current, valid Florida driver license issued for the type, class or weight of the vehicle being operated. An employee must notify his/her Department Director of any suspension or revocation of driver license. • Any employee operating a City vehicle shall observe all applicable traffic laws, including wearing a seatbelt. Employees shall drive with courtesy and respect for other motorists. • Any employee backing a large truck or other sight-restricted vehicle, in which the vehicle is not equipped with functioning rearview cameras, shall enlist the assistance of another employee in backing the vehicle. The assisting employee will act as a spotter to aid the driver in safely backing the vehicle. Lifting Safety • Most City employees will be required to lift or move materials or equipment as part of his/her assigned work. • Material storage will be arranged to permit safety handling, heavier materials will be stored at or near floor level. Other materials should not be stored above eye level to reduce the need for a ladder or reaching above the employee's head. • An employee should not attempt to lift an object or material that is close to the employee's physical capability. Employees should solicit the help of another employee or use a material handling device. • Lifting technique is important in preventing an injury. o Position feet close to the object being lifted o Center body over the object o Bend knees and grasp the object firmly o Lift straight up and smoothly, and let legs (not back) do the work o Do not twist or turn body once the lift has been made o Object should be carried steady and close to the body o Sudden twisting or turning could result in a back injury Electrical Safety • Employees working with or around electrical equipment must practice safe work habits. • Malfunctioning electrical appliances and power tools shall be tagged and removed from use until repairs are made. If appliance/tool cannot be repaired, the unit may be replaced. • Extension cords are intended for temporary use, and shall not substitute permanent wiring. • Electrical outlets and circuits must not be overloaded. The use of cube taps or multi-plug adapters is not permitted. • Grounding plugs will be used as intended, and must not be altered by the removal of the grounding prong. Grounding adapters will not be used in place of grounding receptacles. • Electrical cords that are defective, frayed or otherwise considered unsafe must be replaced. Employees must not consider makeshift repairs with splices and electrical tape as sufficient enough to allow the continued use of a damaged electrical cord. • Ground Fault Circuit Interrupters will be used for all portable tools. Emergency generators will be installed and grounded per manufacturer's guidelines. • Most electrical work will be performed by a licensed industrial electrician or appropriately trained employee. Employees involved in performing minor electrical repair work will ensure that the circuit involved is de-energized and that the switch or circuit breaker controlling the circuit is tagged or locked out while the repair is conducted: Fire Safety and Prevention • The absolute best defense against any fire is prevention. Employees must be aware of the many potential causes for fire in the workplace and must report any possible problem areas to a supervisor for corrective action. • Good housekeeping is important in any fire prevention effort. Allowing combustible debris and clutter to accumulate will increase the opportunity for a fire to occur and spread rapidly. Employees must keep his/her workplace free of debris and other unnecessary combustible storage. •v The storage of flammable and combustible liquids shall be in a manner approved by the Fire Department. Approved safety cans, flammable liquid cabinets and specially designed storage rooms are generally acceptable for the storage of flammable and combustible liquids. Supervisors will ensure that the storage and handling of flammable and combustible liquids within his/her work area complies with fire regulations. • Smoking by employees or the general public is prohibited in many locations by fire and/or health regulations. Employees shall not smoke in any City buildings, vehicles, or in any areas where "No Smoking" signs are posted. Supervisors will monitor employees for compliance in "No Smoking" areas. • Fire extinguishers will be provided where needed in City buildings and vehicles. Employees will become familiar with the locations of fire extinguishers in the work area. Training will be provided in the proper use of fire extinguishers by the supervisor or the Fire Department. • In case of fire, the employee must immediately dial 911 and report the fire to the Fire Department. After reporting the fire, the employee must ensure that all affected persons are evacuated to a safe area. Doors should be closed where available to isolate the fire area from the remainder of the structure. • If caught in smoke, individuals should crawl and stay low. Cleaner, cooler air will be nearer to the floor, and heat, smoke and noxious gases will rise toward the ceiling. • Employees should always keep an unobstructed exit path when attempting to extinguish a fire. It is important to remember that fire extinguishers are only intended to be used on small fires in their beginning stages. In the event of a large fire, or if a small fire is not able to be extinguished, the area should be evacuated and allow the fire department to handle the situation. First Aid First aid kits are available in City buildings and vehicles. Employees should familiarize themselves with the location and content of first aid kits in the work area. Well stocked First-Aid kit(s)for employee use will be maintained. • The basic inventory of each first aid kit is reviewed and renewed as needed at periodic SAT meetings. Records of reviews and replenishments shall be maintained by the respective departments. • These kits will be located so as to allow easy and quick access. First-aid kits and required contents are to be maintained in a serviceable condition. • All items which must be kept sterile must be individually wrapped and sealed. Items such as scissors, tweezers, tubes of ointments with caps, or rolls of adhesive tape, need not be individually wrapped, sealed, or disposed of after a single use or application. Employees are not required to perform first aid as part of their job duties. Any employee can voluntarily assist another employee with open wounds, after taking personal protective Aids/HIV and Hepatitis B are the primary infectious diseases of concern in blood. All blood should be assumed to be infectious. These diseases can both be deadly. In the event of a bleeding injury where first aid is needed, use gloves if possible to prevent exposure to blood or other potentially infectious materials. The injured person can often help by applying pressure to the wound. Gloves are available in the first aid kits. Employees exposed to blood while giving first aid should wash immediately with soap and water and report the incident to a supervisor. Immediate professional emergency medical assistance shall be summoned by dialing 911 for any employee or citizen suspected to be seriously injured or ill. Appendix B Safety Inspections Workplace Inspections • Supervisors will monitor workplace safety conditions daily, and ensure that work areas are maintained free of clutter, improper storage and other trip/fall hazards. Flammable and combustible liquids are to be stored in safety containers, in flammable liquid cabinets or as otherwise approved by the Fire Department. Supervisors will monitor employee use of all provided safety equipment to ensure that employees are wearing or using safety equipment as directed. • A supervisor, or designated employee, from each department will conduct a formal monthly safety inspection of all work areas within his/her department. Each inspection will be documented on a form provided by the department. Upon completion, the safety inspection form will be forwarded to the Manager and Department Director for review. Areas needing corrective action taken will be addressed. Safety inspection forms from all City departments will be forwarded to the safety committee for review. The safety committee will ensure that corrective actions have been taken and may make additional recommendations as necessary. Vehicle Inspections • Each department will establish and maintain regular vehicle safety inspections. The frequency and type of vehicle inspection vary, however a basic safety inspection should be conducted daily. • Inspection forms will be completed for each vehicle. Minor problems will be corrected during the inspection if feasible. Problems beyond the inspecting employee's ability to correct should be referred to Public Works/Fleet Maintenance. • Areas to be inspected include tires, lighting systems, brakes, windshield wipers, glass/mirrors, seat belts,fire extinguisher(s), backup alarm, and warning devices. • Employees shall not operate a City vehicle when an inspection deems the vehicle to be unsafe for operation. A supervisor will be notified and the unsafe vehicle will be placed out of service until corrective action can be taken. Equipment Inspections • Departments which utilize fixed/portable power equipment will establish an inspection program for such equipment. The inspection program and frequency of inspections will be based upon manufacturer's recommendations and recognized good work practices. o Inspection forms will be developed and utilized by each department for conducting equipment safety inspections. o Employees shall not operate equipment when an inspection deems the equipment to be unsafe for operation. A supervisor will be notified and the unsafe equipment will be tagged and placed out of service pending equipment repair. Appendix C Training Virtually every task performed by an employee requires some level of training. Supervisors shall adequately emphasize safety when instructing an employee on the performance of a certain task. Job Orientation • Each department must provide new employees with comprehensive job orientation training that addresses job safety hazards and provides new employees with adequate training to work safely around such hazards. • Supervisors will explain/demonstrate how ajob is to be conducted step-by-step. The supervisor will have the employee demonstrate his/her ability to correctly and safely perform the job while the supervisor evaluates the employee. The supervisor will make corrections as needed.* Department/Area Specific Safety Training • Area Specific Safety Orientation must be given to employees entering a work area during the first week of hire or new assignment. The supervisor may designate a qualified instructor from the area to provide this training. The Area Specific Safety Orientation form shall be completed and forwarded to Human Resources. The form will be filed in the employee's personnel file • Each department/area may require additional specific safety training, and employees will comply with the requirements of the department as if it were part of this procedure.* Additional Training • Supervisors will ensure that all employees receive adequate training whenever new processes or equipment are introduced into the workplace. • Additional comprehensive training may be required when an employee is promoted or reclassified to a different position or when a job description is revised to include additional responsibilities or hazards.* • Safety training must be ongoing, and supervisors must monitor employees for compliance after training or retraining. *Documentation of employee training will be completed and kept on file at the department. Appendix D Area/Function Specific Programs Hazard Communication Standard • An employee whose job requires that he/she work with regulated materials or work where such materials are handled or stored in accordance if the requirements of OSHA (Occupational Safety and Health Administration) Hazard Communication Standard. Most City employees fall under the requirements of the Standard to some degree. • An employee must receive the initial training after beginning work and must receive refresher training on an annual basis.* Bloodborne Pathogens • The Bloodborne Pathogens Standard applies to any employee who could reasonably be expected to be exposed to blood or body fluids in the course of his/her normal work. This typically applies to emergency service workers such as firefighters and police officers. Wastewater collection and treatment system workers (and lifeguards, when applicable) have been identified as being at a low to moderate risk. • Employees covered by the Bloodbome Pathogens Standard must receive initial training upon beginning work and must receive refresher training on an annual basis.* • The City offers a Hepatitis B (HBV) vaccination series at no charge to any employee identified as being at risk under this Standard. Permit Required Confined Space Entry • A confined space is "a space that is large enough for an employee to enter, has restricted means of entry or exit and is not designed for continuous employee occupancy." This generally applies to utilities and drainage system workers. • Initial Confined Space Entry training is-required for all affected employees. Refresher training is required on an annual basis.* *Documentation of employee training will be completed and kept on file at the department. Appendix E Personal Protective Equipment(PPE) The type and use of PPE will vary by department, and each department will develop guidelines concerning employee use of PPE. Eve Protection • Eye protection is provided for all employees performing a task or working in an area where the possibility of an eye injury exists. The employee must wear the provided eye protection. • Supervisors will instruct employees as to when eye and face protection is necessary. Employees will also receive instructions concerning selecting the proper protective eyewear, wearing it properly, limits of protection and proper care and maintenance of protective eyewear.* • Protective eyewear included safety glasses, goggles and face shields. Some tasks will require that the employee wears safety glasses/goggles in conjunction with a full-face safety shield. Supervisors will ensure that employees have selected the proper type of eye protection for the task being performed. • Prescription safety eyewear will be provided to employees who must wear eye protection but have the need for corrective lenses. Department Directors have the necessary information to obtain the proper prescription safety eyewear for an employee. All Safety Eyewear needs to meet ANSI (American National Standards Institute) Standards. Hearing Protection • Directors/managers will evaluate work areas and equipment use to determine noise exposure levels and the need for employee hearing protection. Hearing protection is required for employees exposed to a noise level in excess of 85 decibels (dB) averaged over an eight-hour period. Higher noise levels over a shorter time period would require employee hearing protection as well. • The type of hearing protection provided is usually in the form of earplugs or earmuffs. Supervisors will assist employees in choosing the proper type of hearing protection. Supervisors will instruct employees concerning the use and limitations of the hearing protection provided.* • Employees will utilize hearing protection at all times when exposed to noise levels in excess of the permissible guidelines. Respiratory Protection • Employees who are exposed to respiratory hazards will be provided with proper respiratory protection equipment. Protective equipment may consist of filtration masks, hazard-specific canister masks, supplied air masks, or self- contained breathing apparatus (SCBA). • Employees wearing respiratory protection other than simple filter masks must be fit tested on an annual basis. Employees who wear self-contained breathing apparatus must undergo and pass an annual medical examination including a pulmonary function test. • Supervisors will instruct employees in the selection, use and maintenance of respiratory protection equipment. Supervisors will ensure that employees understand the hazards of the various environments requiring the use of respiratory protection equipment and the limitations of the equipment itself.* • Employees will utilize protective equipment at all times when exposed to respiratory hazards. Foot Protection • Employees who are exposed to falling/rolling objects or puncture hazards are required to wear safety footwear or equivalent protection. • All safety shoes worn by employees shall be classed according to ANSI Z.41.1991-1999 Standard as prescribed by OSHA (Regulation 29, CFR Part 1910-136), or shall be determined by the City to be equally effective. • Each Department Director shall be responsible for the identification of positions which require safety footwear. • Purchase of Footwear shall comply with the City's Safety Footwear Purchase Program. *Documentation of employee training will be completed and kept on file at the department.