Contract 2021-078ADocuSign Envelope ID: 1B5E1E89-OACF-42A5-8BBF-2CB723161COF
#2021-078-A
CONTINUING SERVICES AGREEMENT NO. 2021-078 FOR
COMMERCIAL AND RESIDENTIAL BUILDING INSPECTION AND PLANS REVIEW
THIS AGREEMENT is entered into as of this 26th day of October 2021, 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 ECS FLORIDA, LLC., whose address is: 2815 Directors Row #500,
Orlando, FL 32809 hereinafter referred to as "CONTRACTOR."
WITNESSETH
WHEREAS, the CITY is in need of qualified and licensed commercial and residential building
inspection and plans review services, on an as needed basis;
WHEREAS, the CITY, solicited proposals for services as described and set forth in RFP 21-014,
Commercial and Residential Building Inspection & Plans Review Services; and
WHEREAS, the CONTRACTOR 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 three (3)
one (1) year periods.
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 CONTRACTOR any agreement or task authorization and CITY expressly reserves the
right 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.
2.2 The CITY shall make request of CONTRACTOR for the contemplated services on a task
basis. The CITY will communicate with CONTRACTOR, verbally or in writing, a general
description of the task to be performed. The CONTRACTOR will generate a detailed
Scope of Work document, prepare a Schedule, and, if applicable, a not -to -exceed -budget
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to accomplish the task based on the service fee scheduled set forth herein and provide the
developed "Task Proposal" to the CITY for approval. If a site visit by CONTRACTOR is
needed to generate the scope document, CONTRACTOR 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 authorization or work order". The
services to be provided by the CONTRACTOR shall be in accordance with and as provided
RFP 21-014 and CONTRACTOR'S response thereto, which are expressly incorporated
herein and made a part hereof as if restated
CONTRACTOR shall not be authorized to proceed until the CITY has issued a Notice to
Proceed to the CONTRACTOR. Upon receipt of the signed Task Authorization and a
Notice to Proceed from the CITY, the CONTRACTOR shall perform the services set forth
in the task authorization/work order.
2.3 CONTRACTOR 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 at any time by giving written notice to
CONTRACTOR. If such changes increase (additional services) or decrease or eliminate
any amount of work, CITY and CONTRACTOR will negotiate any change in total cost or
schedule of modifications. If the CITY and CONTRACTOR approve any change, the task
authorization/work order will be modified to reflect the changes; and CONTRACTOR
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 CONTRACTOR'S
designated representatives.
3.2 All of CITY'S said task authorizations/work orders and amendments thereto shall be
performed in strict accordance with the terms of this Agreement insofar as they are
applicable.
4.0 SCHEDULE
4.1 CONTRACTOR shall perform services in conformance with the mutually agreed upon
schedule set forth in the negotiated task authorization. CONTRACTOR 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 CONTRACTOR 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.
4.2 No extension for completion of services shall be granted to CONTRACTOR without
CITY'S prior written consent, except as provided in Sections 3.1 and 20.0 herein.
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5.0 METHOD OF PAYMENT FOR SERVICES AND EXPENSES
5.1 DEFINITIONS:
5.1.1 The "CONTRACTOR's 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, 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
CONTRACTOR.
5.1.2 The "Deliverables" are defined as plans, reports, findings, specifications, or
anything else that is the end product or work performed by the CONTRACTOR or
the CITY. CONTRACTOR 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 CONTRACTOR shall, upon completion of all work, submit to the CITY all
information developed in the course of the provision of services. CONTRACTOR
shall, upon request by CITY and upon completion or termination of this Agreement,
deliver to CITY all material furnished to CONTRACTOR, provided the CITY
identifies those materials in writing.
5.2 PAYMENT/COMPENSATION:
CITY agrees to pay or compensate the CONTRACTOR 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 "CONTRACTOR's Professional Services Fee
Schedule."
5.2.2 Lump sum cost based upon the "CONTRACTOR's Professional Services Fee
Schedule."
5.3 SERVICES -ADDITIONAL: CITY shall pay CONTRACTOR as follows:
5.3.1 Professional Associates, CONTRACTORs and/or Subcontractors: For services
and expenses of independent associates, CONTRACTORs and/or subcontractors
employed by CONTRACTOR, the amount invoiced to CONTRACTOR 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
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5.4 Times of Payments: At monthly intervals, CONTRACTOR shall submit statements for
services, additional services rendered and for reimbursable expenses incurred, if
preapproved by CITY. The statements will be based upon CONTRACTOR'S actual
manpower expended and actual expenses incurred within the billing period.
5.4.1. As a condition precedent to receiving payment, CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR. In the event that CITY disputes any invoice
submitted, it shall advise CONTRACTOR, 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
CONTRACTOR shall be liable to CITY for any and all damages to CITY caused
by the CONTRACTOR'S negligent or wrongful performance of any of the services
furnished under this Agreement.
5.5 Other Provisions Concerning Payments:
5.5.1 In the event of termination by CITY under Section 18.0 during the performance of
the services, payments due CONTRACTOR 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 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.
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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 CONTRACTOR.
6.2 No inspection, review, or observation shall relieve CONTRACTOR 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. CONTRACTOR'S Project Manager and all other appropriate
personnel shall attend such meetings as designated by CITY'S Project Manager, and
CONTRACTOR shall be compensated at the billing rates set forth in Article 5.0
8.0 SAFETY
8.1 CONTRACTOR agrees to comply with CITY'S published safety standards while on the
property of CITY or while performing the services hereunder. A copy of these standards
is provided in Exhibit `B", attached hereto and incorporated herein.
8.2 CONTRACTOR shall have full responsibility and assume all liability for the safety and
supervision of its employees while performing services provided hereunder.
9.0 REASONABLE ACCESS
During the term of this Agreement, CITY shall grant CONTRACTOR reasonable access
to the CITY'S premises for purposes of fulfilling its obligations under this Agreement.
10.0 INSURANCE AND HOLD HARMLESSANDEMNIFICATION
CONTRACTOR shall maintain in force during the term of this Agreement, at its own
expense, insurance as set forth in Exhibit "C", attached hereto and incorporated herein and
shall be bound by the terms of the Hold Harmless/Indemnification provisions expressed
therein.
11.0 COMPLIANCE WITH LAWS AND REGULATIONS
CONTRACTOR shall comply with all requirements of federal, state and local laws, rules,
regulations, standards, and/or ordinances applicable to the performance of this Agreement.
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12.0 REPRESENTATIONS
12.1 CONTRACTOR represents that the services provided hereunder shall conform to all
requirements of this Agreement, RFP 21-014 and CONTRACTOR'S response thereto;
shall be consistent with recognized and sound professional engineering 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR completes its
services under any task authorization entered into hereunder, and the CONTRACTOR'S
services are non -complying, defective, or otherwise improperly performed and CITY
notifies CONTRACTOR in writing that a defect, error, omission or noncompliance has
been discovered in CONTRACTOR'S services, CONTRACTOR 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 CONTRACTOR fails to take action under a) above, at CONTRACTOR'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 CONTRACTOR 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
CONTRACTOR 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, to the fullest extent by law, CONTRACTOR shall indemnify and hold harmless
CITY, its officers, directors, employees, agents, assigns, and servants from and against any and all
liability, including reasonable 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, CONTRACTOR may elect to provide non -
infringing services.
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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, CONTRACTOR
shall provide CITY or its designated Project Manager with a copy of all documents and
electronic files prepared by CONTRACTOR 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 Public Records. CONTRACTOR expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law, to
include, to:
14.2.1 Keep and maintain public records that ordinarily and necessarily would be required
by the CITY in order to perform the services contemplated herein.
14.2.3 Provide the public with access to public records on the same terms and conditions
that the CITY would provide the records and at a cost that does not exceed the cost provided
in this Florida's Public Records law or as otherwise provided by law.
14.2.4 Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
14.2.5 Meet all requirements for retaining public records and transfer, at no cost, to the
CITY all public records in possession of CONTRACTOR upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. All records stored electronically must be provided
to the CITY in a format that is compatible with the information technology systems of the
CITY.
15.0 ASSIGNMENT
15.1 CONTRACTOR 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 receiving written approval from CITY, any part of this Agreement is subcontracted
by CONTRACTOR, CONTRACTOR 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 CONTRACTOR who shall take immediate steps to
remedy the situation.
15.4 If any part of this Agreement is subcontracted by CONTRACTOR, prior to commencement
of any work by the subcontractor, CONTRACTOR shall require the subcontractor to
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provide CITY and its affiliates with insurance coverage as set forth by the CITY'S Human
Resources Director/Risk Management.
16.0 INDEPENDENT CONTRACTOR
At all times during the term of this Agreement, CONTRACTOR shall be considered an
independent CONTRACTOR.
17.0 DEFAULT
If during the term of this Agreement, CONTRACTOR 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 CONTRACTOR with at least ten (10)
days to cure such default. If CONTRACTOR fails to correct such delinquency or default within
thirty (30) days of suspension by CITY, CITY may terminate this Agreement.
18.0 TERMINATION
Notwithstanding any other provision of this Agreement, CITY may, upon written notice to
CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty
(30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR
fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR
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.
19.0 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; court injunction or order; federal 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.
20.0 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 District of Florida.
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21.0 HEADINGS
Paragraph headings are for the convenience of the parties only and are not to be construed as part
of this Agreement.
22.0 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.
23.0 WAIVER AND ELECTION OF REMEDIES
23.1 Waiver by either party of any terms, condition, or provision of this Agreement shall not be
considered a waiver of that term, condition, or provision in the future.
23.2 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.
24.0 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than
CITY and CONTRACTOR.
25.0 PROHIBITION AGAINST CONTINGENT FEES
CONTRACTOR warrants that it has not employed or retained any company or person, other than
a bona fide employee working solely for the CONTRACTOR, 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 CONTRACTOR, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of
this Agreement.
26.0 ENTIRE AGREEMENT
Except as otherwise state, this Agreement, including the schedules, attachments, appendixes and
exhibits attached hereto, constitutes the entire agreement between CITY and CONTRACTOR with
respect to the services specified and all previous representations relative thereto, either written or
oral, are hereby annulled and superseded.
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27.0 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.
28.0 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 Manager
City of Clermont
685 West Montrose Street
Clermont, Florida
CONTRACTOR: ECS Florida, LLC.
2815 Directors Row #500
Orlando, FL 32809
Attn: David Bearce, PE, V.P./Regional Manager
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 hereto have executed this Agreement on this 26th day
of October 2021.
CITY OF CLERMONT
EDocu9igned by:
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2BA7692F756C492... �� DS
Tim Murry, Mayor
ATTEST:
E DocuSigned by:
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3AD7F34905B344A...
Tracy Ackroyd Howe'
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ECS FLORIDA, LLC.
Docu8lgne%d by:
btlou
By, 3802A97809C54C4...
(Signature)
Print Name: David C. Bearce
Title: SWFL Regional Vice President
Date: 11/3/2021
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EXHIBIT "A"
SECTION — B
STATEMENT OF WORK _
This RFP seeks Consultants with strong professional qualifications in providing
commercial and residential building inspection and plans review services on an as -
needed basis and on an -ongoing basis. The various inspection disciplines include
building, mechanical, electrical, plumbing, gas and structural inspection and plans review
services as outlined in the Florida Building Code, and as referenced herein.
1 — SCOPE OF SERVICES
Successful respondent shall provide residential and commercial inspections for
compliance with the Florida Building Code, State Statutes, and local codes and
ordinances. Inspection services shall include new and existing residential and
commercial construction within the City limits.
The City shall assign all residential and commercial inspections under the conditions set
forth herein to the successful respondent(s) and other work or inspections as determined
by the Building Official or designee. All work shall be performed in accordance with
generally accepted professional standards in the construction industry.
2 —TASKS
Conduct technical field inspection of buildings, equipment and installation during various
phases of plumbing construction, installation & operation, and grant inspection approvals
if found in compliance with applicable codes and regulations. Provide written comments
if found not in compliance with applicable codes and regulations.
Review plumbing, electrical or mechanical installation plans, specifications and materials
listed for residential and commercial projects and grant approvals if found in compliance
with applicable codes and regulations. Provide written comments if found not in
compliance with applicable codes and regulations.
Evaluate alternate methods, procedures, materials and products for compliance with the
Central Florida Building Code requirements, whichever is applicable, depending on the
date of the application or construction.
Approve and disapprove proposed plans in accordance with the applicable Code and
other regulatory requirements and discuss disapproved items with architects, engineers,
contractors and/or owner builders to obtain plan changes necessary for approval.
Render information concerning the applicable Code and make interpretations of its
contents. Make decisions as to the feasibility of deviations from the Codes under various
conditions.
Perform related work as required by the Building Services Department.
RFP No: 21-014
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SECTION — B
STATEMENT OF WORK
3 — COMPENSATION
The City agrees to pay the successful respondent(s) the following rates:
Services Hourly Rate
Licensed Plans Examiner, Residential and/or Commercial $100.00
Inspection Services Residential and/or Commercial $90.00
Supplemental Inspection Services (at the request of the City) $90.00
The rates above are based on a forty (40) hour week. Overtime (over 8 working hours in
one day) and/or weekend rates are 1.5 times the listed rates. All overtime hours must be
approved, in advanced, by the Building Services Director.
Supplemental Inspection and Plan Review Services are those based on specialized need,
as determined and requested by the City's Building Official.
All travel expenses are included in the listed Standardized Service Rates. There shall be
no additional charges for travel or expenses. The hourly rate shall not apply until the
respondent staff arrives at the Building Services Department offices or first inspection.
The hourly rate shall not be paid by the City after the consultant leaves the last inspection
or the City's office.
END OF SECTION — B
RFP No: 21-014
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EXHIBIT "B"
CGfff ONT
Choice of Champions•
A. Purpose
City of Clermont, Florida
Safety Program Policy
(Replaces Safety Policy dated November 24, 1998)
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:
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.
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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.
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CLER OBIT
Choice of Champions"
A. Purpose
Safety Program Procedure
Effective March 15, 2019
(Replaces Safety Program Procedure dated 9114117)
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 procedure shall apply equally to all City employees,
and for the purpose of this procedure 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.
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, 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 and/or report other safety concerns to a
supervisor/manager immediately.
3. Reporting injuries/illnesses and accidents — The reporting of all injuries/illnesses
and accidents to the supervisor, regardless whether medical attention is sought
is required. 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 "just 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 required to conduct or coordinate the facilitation of safety training for all new
and current employees prior to the commencement of their duties. Employees
may be asked to conduct specific safety training pertinent to the respective work
area by the supervisor/manager.
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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
empowering 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. Lead by example while performing as a safety mentor to employees.
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 -
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.
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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 should 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 makes 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.
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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, Lockout/Tagout, 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 in accordance with the Florida
Public Records Law, 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 authority to issue or revise this Procedure is reserved to the City Manager. The City
Manager ,.;.,ay authorize exceptions to this procedure when deemed appropriate.
r -\ %
N� [�
Dar ray, City Manager 6ate
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Appendix A
Common Safety Rules/Guidelines
The following safety rules or guidelines are generic in nature and apply to all City
employees. Department specific safety rules and/or guidelines may be developed
by the departments as necessary.
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 safe 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.
• Employees should only lift an object or material that is well within 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 orturning could result in a back injury
Electrical Safet
• 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.
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• 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 Safetv 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 their workplace free of debris and other
unnecessary combustible storage.
• 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 on the proper use of fire extinguishers by the
supervisor or the Fire Department.
• In case of a 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 afire. 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
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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 precautions.
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 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.
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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. Management will ensure that corrective actions have been taken and
may make additional recommendations as necessary.
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.
Inspection forms will be developed and utilized by each department for
conducting equipment safety inspections.
• 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.
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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 a job 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 Traini
• 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.
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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.
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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.
Eye 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.
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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.
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Appendix F
Fleet Safety Program
It is the policy of the City to provide and maintain a safe working environment to protect
its employees and citizens from injury and property loss. The City considers the use of
motor vehicles as part of the working environment to assist employees in completing their
assigned job duties, and is committed to promoting a heightened level of safety
awareness and responsible driving behavior in its employees. The City's combined
commitment and efforts will be directed toward the implementation and execution of an
effective Fleet Safety Program.
The Fleet Safety Program consists of seven components:
• Motor Vehicle Record Checks;
• Safe Driving Practices;
• Training;
• Preventive Maintenance;
• Accident Investigation;
• Personal Use of City Vehicles; and
• Non -City Vehicles Used for City Purposes.
The program includes all motor vehicles, equipment licensed for on the road
operation, and large equipment such as mowers, tractors, and backhoes. This
procedure applies to all candidates for employment as well as all current employees
and volunteers who are operating a vehicle/equipment for City purposes. Nothing
herein shall authorize volunteers to operate City vehicles.
A. Motor Vehicle Record Checks
In accordance with the City's Employment Policies Manual, all operators of City vehicles
and equipment are required to have a valid State of Florida operator's or commercial
license, as applicable, and to keep Supervisors informed of any change of status in their
license.
The City's Background Check Procedure outlines the City's initial efforts on applicant
selection through a variety of resources, beginning with the job application. Applicant
selection is made upon completion of a formal interview, background check, reference
verification, review of the individual's motor vehicle record (MVR), a negative drug
screen result if applicable, as well as a skills demonstration for certain vehicles.
Once a candidate has been identified for hire and made a conditional offer of
employment, Human Resources will conduct a background check including MVR in
accordance with the City's Background Check Procedure. MVRs are also periodically
reviewed thereafter as determined by the City and at a minimum of at least once per
year for all employees who are authorized to drive a City vehicle or their own vehicle
while conducting City business. The MVR is reviewed for adverse conditions as defined
in the City's Background Check Procedure.
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If an employee's annual MVR reveals an adverse condition as defined by the
Background Check procedure, the employee will not be allowed to drive a vehicle while
conducting City business. If these restrictions create a hardship for the City, the
employee will be transferred or demoted to a position which does not require driving and
for which the employee is otherwise qualified. If no position is available, the employee
will be terminated. In addition, Human Resources will identify employees considered
"high risk drivers" based upon established criteria and monitor the employees driving
record every six (6) months for a period of two years from the date of the most recent
violation.
Employees who operate City vehicles and equipment are required to immediately notify
their supervisor of any change in status in their license, convictions involving motor
vehicle operation, and/or use of substances that would interfere with safely driving a
motor vehicle.
B. Safe Driving Practices
In accordance with the City's Employment Policies Manual, the City attempts to provide
each employee with adequate tools, equipment and vehicles for the job being performed
and expects each employee to observe courteous and safe operation of vehicles and
equipment in compliance with all municipal, county and state vehicular regulations.
Employees shall wear a seatbelt at all times and drive with courtesy and respect for
other motorists.
Employees are expected to treat City vehicles and equipment with respect and care, and
adhere to basic vehicle and equipment operation principles:
• Always wear seatbelt.
• Drive defensively and always anticipate what other drivers on the road might do
and plan accordingly.
• Never move through traffic aggressively.
• Adhere to speed limits, traffic signs, and follow all traffic signals.
• Always lock the vehicle/equipment, even if it remains in sight.
• Avoid driving in dangerous conditions, including inclement weather and when
drowsy.
• Any employee backing a large truck or other sight -restricted vehicle/equipment in
which the vehicle/equipment is not equipped with functioning rearview cameras
shall enlist the assistance of another employee in backing the vehicle/equipment.
The assisting employee will act as a spotter to aid the driver in safely backing the
vehicle/equipment.
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• Employees shall not operate a vehicle while wearing a headset, headphone, or
other listening device, other than a hearing aid or instrument for the improvement
of defective hearing. The only exception to using a headset is when the employee
is communicating as described below, and the sound is provided through one ear
and allows surrounding sounds to be heard with the other ear.
Employees are prohibited from using any telephonic or communication device
without a blue tooth or other hands -free technology, unless specifically approved
by the City Manager or designee while operating any vehicle, apparatus,
machinery, or equipment for City purposes. In addition, employees are
responsible for ensuring that use of any electronic device does not cause
distraction (i.e., texting, fiddling with the device, taking eyes off the road, and
participating in conversations that may interfere with the driver's ability to drive
safely).
• Whenever possible, the employee should park the vehicle in a safe location to use
a telephonic or communication device.
C. Training
Training programs will consist of classroom and/or on -the -road scenarios. All incoming
employees are required to receive training on the City's Fleet Safety Program, as well
as any applicable department specific training on City vehicles/equipment.
Employees will also be provided with periodic training, such as safety posters, emails,
and toolbox talks to reinforce best practices.
Remedial training will be provided to employees who have had at least one infraction
or were involved in a preventable incident (as defined by the National Safety Council).
Such training will focus on, but will not be limited to, defensive driving techniques and
behavior modifications. The City will use ride -along training combined with statistical
data focusing on accident types and frequency to identify areas of improvement.
Employees who have had at least one preventable accident or moving violation in a
calendar year period will be required to participate in a collision avoidance course
conducted by the Clermont Police Department.
Refresher training will be provided for all employees at least every other year.
Supervisors will receive refresher training on Accident Investigation and Preventability
at least every other year or as needed.
D. Preventive Maintenance
In accordance with the City's Employment Policies Manual, employees who are
assigned equipment or vehicles by their departments are responsible for them and their
proper use and maintenance. Additionally, the City will provide the necessary
resources to ensure all vehicles are operating properly.
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Public Works will perform and track all routine fleet maintenance for non -
Commercial Motor Vehicles (CMV) every six (6) months or every 3000 miles,
whichever comes first. Critical components that must always be controlled,
maintained and promptly repaired are: brakes, tires, suspension, steering, lights,
mirrors, windows and windshield wipers. Public Works performs and tracks all
routine maintenance on CMVs every 600 hours.
Pre -trip Inspections - Each department will establish and maintain regular pre -
trip inspections. The frequency and type of vehicle/equipment inspection may
vary, however a basic pre -trip safety inspection should be conducted daily or
prior to driving it. For non CMV, areas to be inspected include tires, lighting
systems, brakes, windshield wipers, glass/mirrors, seat belts, fire
extinguisher(s), backup alarm, warning devices and interior/exterior cleanliness.
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 as soon as possible.
• Employees shall not operate a City vehicle/equipment when an inspection
deems that the vehicle/equipment may be unsafe for operation. A supervisor will
be notified and the unsafe vehicle/equipment will be placed out of service until
corrective action can be taken.
• Refueling — Vehicles/equipment should be refueled when the meter reads Y4 full
and turned off while refueling.
• Employees should never smoke, light matches or use lighters while refueling,
nor enter the vehicle/equipment during refueling, as this presents a flash fire
hazard.
• Employees should not overfill or top off the vehicle's/equipment's fuel tank.
• Upon return of the vehicle to Public Works/Fleet Maintenance, the vehicle shall
be in the same condition as when provided to the employee, reasonable wear
and tear excepted.
E. Incident Investigation
All incidents involving a City vehicle, equipment, or personal vehicle being operated
for City purposes must be reported immediately to law enforcement and the
employee's immediate supervisor.
Law enforcement will not be required to be notified for incidents when all of the
following criteria are met:
• there is damage on City property, and
• the incident involves ONLY City property, and
• the estimated damage is less than $500, and
• no personal injury has resulted.
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Examples of damage that is less than $500 include but are not limited to the following:
• Small dent, 3 inches or less in diameter
• Broken tail light
• Broken headlight
• Minor surface scratch
• Damage to one wheel/rim and/or tire
• Damage to one window
• Damage to windshield
• Any combination of more than one of these items is very likely to be above
$500 and law enforcement should be contacted.
Supervisors who are unsure/unclear if damage is over $500 should report the incident
to law enforcement.
Supervisors and employees will be trained in post -incident procedures to secure the
details of the incident and document the damage. Providing detailed facts of the
incident will help the City's insurance carrier deter fraudulent third -party insurance
schemes.
All vehicles/equipment will be supplied with an incident reporting kit to include the
Supervisor and Employee Investigation Forms, insurance card, a pen, drug -testing
matrix, and a post -incident checklist. A pre -trip inspection should also be included in
every vehicle/equipment, if applicable.
Supervisors are responsible for determining whether an employee should receive
disciplinary action in accordance with the City's Employment Policies Manual.
Supervisors are also responsible for making a determination as to whether or not the
incident was preventable based on the National Safety Council's definitions and
record this determination in the Supervisor Investigation Form.
Human Resources along with the Safety Action Team will review all incident reporting
forms and ensure compliance with the City's Fleet Safety Program.
The City has implemented a separate Drug Free Workplace Procedure that requires
pre -employment and periodic random drug and alcohol testing for employees in
mandatory testing positions. Additionally, the Drug Free Workplace Procedure has set
forth criteria requiring employees be tested for the presence of drugs and alcohol
under certain circumstances. Any positive results are grounds for termination.
F Personal Use of City Vehicles/Equipment
In accordance with the City's Employment Policies Manual, the use of City property,
material, supplies, tools, equipment or vehicles for personal or private business use is
prohibited, unless approved by employment agreement or by the City Manager and
incidental and as a minor deviation to the assigned use of the vehicle. Violations may
result in termination and possible prosecution.
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Persons who are not City employees are not allowed in City vehicles/equipment as
passengers, unless the travel involves City business purposes or is authorized by the
City Manager.
G. Non -City Vehicles/Equipment Used for City Purposes
Employees are strongly encouraged to utilize City vehicles/equipment to conduct
official City business. Employees who choose to drive non -City vehicles or operate
non -City equipment to conduct official City business must obtain Department
Director approval to do so, are subject to all the provisions and standards of this
program, must maintain state required automobile insurance limits, ensure that their
personal auto insurance carrier provides coverage for use of their personal vehicle
for business purposes, and maintain their vehicle in a safe operating condition.
* Documentation of employee training will be completed and kept on file at the department in
accordance with the State of Florida General Records Schedule.
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EXHIBIT "C"
Listed below are the types and amounts of insurance required. The City reserves the
right to amend or require additional types and amounts of coverage or provisions
depending on the nature of the work.
1. General Liability with limits of liability $1,000,000 per occurrence for bodily injury
property damage to include Premises/ Operations; Products, Completed
XX
Operations and Contractual Liability. Contractual Liability and Contractual
Indemnity (Hold harmless endorsement as written in Section-E, Terms and
Conditions, No. 35).
XX
2. Automobile Liability - $1,000,000 each occurrence — owned/non-owned/hired
automobiles included.
3. Workers' Compensation and Employer's Liability per the statutory limits of the
XX
State of Florida ($100,000 each accident and $100,000 each employee with
$500,000 policy limit for disease).
4. Excess Liability - $ . 00 per occurrence to follow the primary coverage.
XX
5. The City of Clermont must be named as an Additional Insured with regards to
General Liability policies; and it must be stated on the certificate.
6. Other insurance as indicated:
_ Builders Risk Completed Value
$ .00
Garage Keeper Liability
$ .00
Garage Liability
$ .00
_ Liquor Liability
$ 00
XX
_ Fire Legal Liability
$ 00
Pollution Liability
$ 00
_ Protection and Indemnity
$ 00
Employee dishonesty Bond
$ .00
X Professional Liability / Errors & Omissions
$2,000.000 .00
Other
$ .00
XX
7. Thirty (30) days written cancellation notice required.
XX
8. Best's guide rating B+:VI or better, latest edition or as otherwise acceptable to
the City.
9. The certificate must state the solicitation number and title.
XX
RFP 21-014 / Commercial and Residential Building Inspection & Plans Review
Services