AGENDA ORDER. ANDI PROCEDURE OF COUNCIL MEETING TUESDAY, October 1,2024 5:30P.M.  1. CALLTOORDER 2. INVOCATION: PLEDGE OF ALLEGIANCE: ROLL CALL: 6. MAYORSREPORT: CONSENT AGENDA: A. Approval of minutes: Haley  5. ANNOUNCE BUSINESS FROM AUDIENCE PROCEDURE: 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS:  Announcement of upcoming meetings: Haley Group Therapy Motorcycle Group Toy Drive:Terry! Ducar D. Budget Amendment #174/Chemicals: Lee Circle Park Fall Fest: Chris & Robert Adams G. Fall Festival: Daniele Brown 9. OLDBUSINESS: 10. NEW BUSINESS:  Central Florida Regional Planning Council FY: 2024/2025a agreement: Noethlich H. Collective Bargaining Agreement/Fire Department: Noethlich/Robinson  A. 1s+Public Hearing: Small Cities Community Development Block Grant Application: Bishop/David Fox EPA/FDEP Mandated Requirements for Lead: and Copper Reporting/Removal: Boggus  B. Fair Housing Workshop: Bishop/David Fox  11. BUSINESSFROM, AUDIENCE: 12. CIYATTORNEYS BUSINESS: 13. CITY ADMINISTRATOR BUSINESS: A. Project Report 14. CITYCIERKSBUSINESS ANDI ANNOUNCEMENIS A. Bills for Approval  Any person who might wisht to appeal any decision madel byt the City Council ofs Sebring, Florida, in publici hearing or meeting isl hereby advised thath he will need ar record oft the proceedings andi for such purpose may need to ensure that a verbatim record of the proceedings is made whichy willi includet thet testimony ande evidence upony whichs such appeali ist to bel based. The City Council ofs Sebring, Florida does not discriminate upon theb basis ofa anyi individual's disability status. This non- discrimination policyi involves every aspect of the Council's functions, including one's access to, participation employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act should contact Mrs.  Kathy Haley, CMC, City Clerk, at 471- 5100.    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETINGI DATE: October 1, 2024 AGENDA ITEM#: 8-Consent Agenda  PRESENTER: Bishop  BACKGROUND: Item 8 A through 8 H are on the consent agenda for Council action. Should any member of Council wish that an item be removed from the agenda, they should SO indicate. That particular item will be removed and discussed individually at the appropriate place on the agenda. All remaining items will be presented for approval  collectively.  REQUESTED MOTION: Approve consent agenda as presented.  COUNCIL ACTION: APPROVED DENIED TABLED TO:  Moved by:  Seconded by:  Carlisle Havery Mendel Stewart Bishop.  OTHER    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETINGDATE: October 1,2024  PRESENTOR: Haley  AGENDA ITEM#: 8A-A Approval ofMinutes  BACKGROUND: The minutes from your regular meeting on September 17,2024 and the special budget meeting on September 18, 2024 were emailed to you on September 23,2024. The minutes for your special meeting on September 25, 2024 were  emailed to you on September 25, 2024.  REQUESTED MOTION: Approve minutes as presented.  COUNCIL ACTION:  APPROVED DENIED OTHER  Moved by:  Seconded by:  DEFERRED Carlisle_ Havery Mendel Stewart Bishop    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1, 2024  PRESENTER: Haley  AGENDA ITEM#: 8B-A Announcement of Upcoming Meetings  BACKGROUND: The following meetings and/or workshops are scheduled between October 2nd  and October 15, 2024.  Date 10/08/24 10/10/24 10/14/24 10/15/24  Time 5:30 p.m. 5:00 p.m. 5:30 p.m. 5:30 p.m.  Meeting  Participant(s) Liaison Stewart Liaison Mendel  Planning and Zoning Board Historic Preservation Commission City Council Meeting  Community Redevelopment Agency Liaison Havery  Mayor/City Council/City Clerk  COUNCIL ACTION: APPROVED DENIED TABLED TO:  Moved by:  Seconded by:  Carlisle Havery Mendel Stewart Bishop  OTHER    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1,2024  PRESENTER: Terry Ducar  AGENDA ITEM#: 8C-Toy Drive for Boy's and Girl's Club of Sebring  BACKGROUND:  Please find attached a special event application from Mr. Terry Ducar,  representing the Group Therapy Motorcycle Group. His group is seeking permission to utilize the City parking lot across the street from the Veteran's Beach boat ramp on December 7,2024 from 10 a.m. to 1 p.m. as a collection point for a Toy Drive for Boy's and Girl's Club ofs Sebring. Group Therapy Motorcycle Group has provided the Liability Insurance Certificate showing at  Mr. Ducar is not requesting any City services.  least $1 million dollars of coverage naming the City as additional insured  REQUESTED MOTION: Approve event as presented.  COUNCIL ACTION: APPROVED DENIED TABLED: TO:  Moved by:  Seconded by:  Carlisle Havery, Mendel Stewart Bishop  OTHER    City of Sebring Special Event Application  Page One of Two  Section 01 Organization Information Name of Organization Grovp Street Address 759Whip ARWiler Telephone Number 863- 414- 5182 Personi in Charge/ /Contagt.Person Terry Cor Street Address Same EmailAddress Section 02- Event Information Name of Event Toy Drive Rain Date (ifa applykable) Desired Locationo of fhee evgnt: You must 400 General description ofthee Participants:  Moteryeke State a Arey yous 501(C)30 Ifyes, Corporate! Name: Affiliation State  TheraA Fax! Number Sebring City  Gpe non-profit Organization?   P35875  ord other Founcler 2 Phone Number  VNoLes  ZipCode 33875 Number Day ofE Event:  Gebcing  aarpgaill T-S1R2 ANE 5182 RAA 5788  Event Repetition DMonthly ZAmnualDategofl Event (mm/dd/year)  Dother: map! that thel oytlines location layout Sebcing, Bays  Dec 72024 Ending Time ofE Event 1pm  Multi-day? pDe Starting Time ofE Event  Ifyes, how many?  1D am 77  TTik R event:  33870  TyLolerzia foL Event Pgrticipation- Anticipated Number of:  andbck chb  Sebeng  Spectators: Issue  Vendors:  Vehicles:  Event Questionnaire- Please answer EACH question so that we may adequately assist you with planning for your event.  Special Events Coordinator Action  Doy your need anys streets orr roadways closed fort thec event? Doy your need any parking restrictions enacted fort the event? Willy youl be using ac city parkt tob hold your event? related athletic event, balloon fest, etc.) exhibitions, burnout contests, etc.) hazardous materials, chemicals or other conditions? Willt there bes any fireworks or pyrotechnics?  f'yes", permission will ber neededt toc close roadways. State Road closures (US 27, SR1 17, LNo Dvesl etc.)require DOT approval. County: andl local roads require City Council or County bNo Dves! IF"yes", permission to close city parking! lots andj public parkings spaces must beg granted by NoLyes Facility: availabilityr must be verified and City Council approvalr may ber required.  Commission approval. the city council  Ist the evento considered' "high-risk"?( (e.g. sea-planef fly-in, boatr races,, water- IF'yes", safety: aspects oft thes special event need to bec coordinated with publics safety entities. Willt there bea any special demonstrations att thee event? (i.e. stunts shows. driving If"yes", safety aspects oft the special event need to bec coordinated with publics safety entities. Does thec event pose any special conçern forp publics safetyd due tot thep presence of If"yes", safety aspects oft thes special event need tol bec coordinated with publics safety entities. Willy youl bes selling, serving or distributing alcohol att thee event? Bio Cles f"yes", thee event needs tob beli licensed throught thel Division of AlcoholicE Beverages and Will people bea allowed to consume alcohol while aty your event? NoDves If"yes", ina addition1 to ana alcohol license, an' alcohol variance" may! have tol beg granted by  No Cves No Des Dyes  NoDyes If'yes", the vendor must bel licensed andt thes safety aspects ofthes speciale event need tobe Tobacco (DABT). Licensure information cab be obtained at (850) 488-8284. oDNes If"yes", providet the event coordinator with ac copy ofl DBPRI Form HR 5030-0341 which outlines food vendor notifications and licensure requirements. If"yes", av variance for the city's "Noise Ordinance" mightb ber necessary." This shouldb be  coordinated with publics safety entities. the Sebring City Council.  Willf food vendors bec cooking ors servingf foods att the event? Willt there bea al band, DJ or other musiclentertainment. att thee event? tents, canopies. buildings.saxes.ttc? Willy your event utilize the City Stage? referencet to your event?  io Oves requested through the Sebring City Council. No Dies If'yes", rental mayb bea arrangedt through the City ofs Sebring. No Dles must be completed anda approved.  Does) youre eventr necessitate the use ors setup ofa any temporary struclyres such as If"yes", permits may ber necessary andt these structures mayl have tol bei inspected Doy youy want tod display orb hang: any banners or signs above ther roadwayi in f'yes", then approval may ber necessary. Forb banners on stater roads, al DOT Banner Request Is the event' animal related" (animal rides, rodeos, zoos, races, )e Dles If'yes", ensure thats safe anda appropriate animal handling measures! have been puti inp place.  No Dyes  *** Local road closures require application submittal 30 days prior to event*** *** State road closures require application 45 days prior to event ***  *Return Hold Harmless Agreement    City of Sebring Hold Harmless Agreement  Page Two of Two  Indemnifieation/Hold Harmless Agreement  Applicant hereby agrees toi indemnify and hold the City of Sebring ("City") harmless from any and all damages, loss or liability occurring by reason ifany injury to any person or damage to property which may occur as a result oft the special event by Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any of them or by an act or omission, neglect, or wrongdoing of Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any oft them and Applicant will, ati its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed tol have arisen as a: result of or in connection with the special event by Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any of them or by an act or omission, neglect, or wrongdoing of Applicant or its officers, employees, agents, representatives, guests, invitees, or persons contracting with any of them. Applicant does hereby remise, release, satisfy, quit claim and forever discharge the City from any and all actions, claims and demands that it ever had, now has, or may have against the City as a result of the special event by Applicant or its officers, employees, agents, representatives, guests, invitees, or Ifrequired by City Council, Applicant agrees to maintain liability insurance for the event in an amount ofat least $1,000,000 combined single limit coverage ofE Bodily Injury and Property Damage. Applicant will have the City named as an additional insured on Applicant'sl liability policy and will provide a current Certificate ofInsurance In any action brought for the enforcement of the terms of this agreement through the courts, the City shall be entitled to recover: reasonable attorney's fees, paralegal fees, court and other costs, to andi including appeal from  persons contracting with any of them.  prior to the event as evidence of Applicant's compliance.  Applicant.  fosnder Relationship tol Event Organization  W4S  Date  Witness  EA 72    ACORD  DATE (MM/DDYYY) 09/19/2024  CERTIFICATE OF LIABILITY INSURANCE  THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions oft the policy, certain policies may require ane endorsement. As statement on this certificate does not confer rights tot the  REPRESENTATIVE OR PRODUCER, AND' THE CERTIFICATE HOLDER. certificate holder inl lieu of such endorsement(s).  PRODUCER Foresite Sports, Inc. DBA: Eventsured 3553 West Chester Pike #418 Newtown Square, PA 19073 INSURED  CONTACT NAME: Eventsured Customer Service PHONE (A/C, No.Ext): 888-882-5902 E-MAIL ADDRESS: info@evenlsured.com INSURERA: Houston Casualty Company INSURERB: INSURERC: INSURERD: INSURERE: INSURERF:  FAX (A/C,No):  INSURER(S) AFFORDING COVERAGE  NAICS 42374  Group Therapy Terry Ducar 7591 Whip Poor Willl Dr. Sebring,FL3 33875  COVERAGES INSR LTR TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR A X Host Liquor Liability GENL AGGREGATE LIMIT APPLIES PER: Xpoucy PRO AUTOMOBILE MABILITY ANYAUTO ALLOWNED AUTOS HIREDAUTOS UMBRELLALIAB EXCESSI HAB DED RETENTIONS WORKERS COMPENSATION ANDE EMPLOVERS" LIABILITY ANY XOAPOMNCKCNA OFFICERMEMBERI EXCLUDED? (Mandatory In NH) Hyes, describe under DÉSCRIPTION OF OPERATIONS! below  CERTIFICATE NUMBER: TM380596  REVISION NUMBER:  THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,  EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNI MAY HAVE BEEN REDUCEDI BYI PAID CLAIMS.  ADDL/SUBR INSRIWVD Y  POLICYEFF POLICYEXP MMDDYYY (MMDDMYY  POLICY NUMBER  LIMITS $  EACHOCCURRENCE DAMAGE TORENTED PREMISES (Eac occurrence). s MEDE EXP( (Any oneg person) $ GENERAL AGGREGATE $ PRODUCTS-COMPOPA AGG $ DEDUCTIBLE (Eaa COMBINED accident) SINGLELIMIT > BODILY INJURY (Perp person) $ BODILY INJURY (Pere accident) $ PROPERTY DAMAGE (Pere accident) EACHOCCURRENCE AGGREGATE TORYMITS WCSTATU OTH LER ELEACHACCIDENT EL DISEASE- -EAE EMPLOYEE $ E.L DISEASE-POLICYUMIT $  1,000,000 100,000 1,000 1,000,000 2,000,000 1,000,000 0  #235E00155/71M380596  12/07/2024 12/08/2024 PERSONAL &ADVI INJURY $  12:01AM 2:01AM  LOC SCHEDULED AUTOS NON-OWNED AUTOS OCCUR CLAIMS-MADE IN NIA  $ $ $  DESCRIPTION OFC OPERATIONS ILOCATIONS! IVEHICLES (Attach ACORD1 101, Additional Remarks Schedule, Ifr mores space is required) Additional Insuredsi include: Parking! lot 4001 Lakeside Rd Sebring, FL 33870; City of Sebring.  Additional Insureds must bey venue managers or municipalities and are added with respect to ouri insureds operations only. Waiver of Subrogation (WOS) and Primary & Non-Contributory (PNC) wording applies only when coverage isp purchased! by thei insured, required by written contract and asi indicated below. This coveragei is withi respect tot the Toy! Drive tol bel held on 12/07/2024- 12/07/2024 with 200 attendees atF Parking lot 400 Lakeside Rd Sebring, FL3 33870.  CERTIFICATE HOLDER  CANCELLATION  SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN  Parking! lot 4001 Lakeside Rd Sebring FL, 33870  ACCORDANCEWTHT THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE  8  ACORD 25 (2010/05)  01988-2010 ACORD CORPORATION. Allr rights reserved.  The ACORD name and logo are registered marks of ACORD    Sales Receipt Special Event Coverage Scle#s183986 Cerlificcte# TM380596  eventsured  Dotes 09/19/2024  Sold To Group Therapy Terry Ducar 759 Whip Poor Will Dr. Sebring, FL 33875 863-414-5182 Iducar@gmail.com  EVENT INFORMATION Type of Event: Toy Drive Event Location (State): FL Event Start Date: 12/07/2024 Payment Method Credit Card Payment From Cardholder Number: Card Type: MasterCard  ******* 5579 Amount $60.60 $1.82 $57.50 $119.92  Description of Coverage  Special Event Liabililyl Insurance Stole Tax SEPAF Fee  TOTAL  Thank You For Your Purchase!  Phone: 888-882-5902 I Email: inlo@leyenlsured.com I Website: www.fventsured.com  Poge Tofl    akeveww D7  Lakeview Dr    2nd Annual  Toy Privg  For the Boy's and Girl's Club of Sebring Toy collection will be on December 7th  10 a.m. - 1 p.m.  Collection site is at the parking lot across the street from the boat ramp at Veterans Beach on Lake Jackson NVS WILL BED DELMER VI MOTORCICLE GONVOY ONSATURDAY DEGEMBER 147H   5  Toys should be unwrapped and suitable for  children ages7-12.  You can also donate equipment that can be used for daily use at the club. (Footballs, Soccer balls, Frisbees, finger paint,  playdoh, board games... rainy day items)  Sponsorgd by Group Thgrapy Motoreyelg Group.    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 01, 2024  PRESENTER: Lee  AGENDA ITEM#: 8D-Budget Amendment #174 for Chemicals  BACKGROUND: The chemicals account ini the Water Department has been adjusted by more than $20,000 and therefore, Council approval is required to increase funding for cost increase at toj purchase chemicals for water treatment. Due to weather patterns this year, an additional demand for chemicals has necessitated increased spending to maintain standards. REQUESTED MOTION: Approve Budget Amendment # 174 as presented.  COUNCIL ACTION: APPROVED DENIED TABLEDTO: OTHER  Moved by:  Seconded by:  Carlisle Havery_ Mendel  Stewart  Bishop    EBRING ciy OW THE CIRCLE  Request for Budget Amendment  Budget Amendment # 174  Department: Date of Request:  Water 9/25/2024  Dept. Head: Date of Council Mtg, ifreq'd:  Bob Boggus  Budget Line Item Transfer  Current Budget  Amended $ 289,400  $  Account Number 401-2610-552-52-61 Chemicals 401-2610-546-46-42 R&M- Tank Maintenance  Account Name  Increase Decrease Budget  $ 279,400 $ 10,000 $ $ 200,000 $  $ 10,000 $ 190,000  Totals  10,000 $ 10,000  Explain why these funds were not originally budgeted and thej justification for your request now:  Additonal funds for chemicals  Request submitted by: Request approved by: Request authorized by:  Kim Shands  Dept Approval: Mfpe  Date: Date:  Financel Director (City Clerk or City Administrator)    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1, 2024  PRESENTER: Noethlich  AGENDA ITEM#: 8E-FY2024-2025 Planning Advisory Service Agreement  BACKGROUND: Please find attached the above referenced agreement with the Central Florida Regional Planning Council for FY 2024-2025. The agreement rate of $45,000 represents no REQUESTED MOTION: Approve attached Planning Advisory Service. Agreement as  increase in fees and is approved in thel FY 2024-2025 budget.  presented.  COUNCIL ACTION: APPROVED DENIED TABLEDTO: OTHER  Moved by:  Seconded by:  Carlisle Havery_ Mendel  Stewart  Bishop.    PLANNING ADVISORY SERVICES AGREEMENT  with the CITY OF SEBRING  THIS AGREEMENT is made and entered into this  day of  2024,  by and between the Central Florida Regional Planning Council (hereinafter referred to as the  COUNCIL") and the City of Sebring hereinafterreferred to as the "CITY").  BACKGROUND  A. The CITY desires to engage the COUNCIL to provide professional planning services to assist the CITY in complying with the requirements of growth management laws; to provide technical assistance to the Planning and Zoning Board, elected officials, and CITY staff members on the evaluation and processing of land development proposals; and to maintain the Comprehensive Plan, Future Land Use Map, Unified Land Development Code, and Official Zoning Map; all of which is detailed in Attachment A, I-III - Scope of Work, and is B. The COUNCIL desires to provide such professional services in accordance with this NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein,  aj part oft this Agreement. Agreement.  the parties hereto do mutually agree as follows:  I.  GENERAL  The CITY engages the COUNCIL to assist the CITY in fulfilling the requirements of Chapter 163, Florida Statutes and all relevant amendments to these statutes, and any other pertinent state law or rule related to Growth Management; and the COUNCIL shall provide the professional services required under this Agreement with the CITY.  II. SCOPE OF WORK  The COUNCIL shall perform, in a satisfactory and proper manner, the work and services detailed in Attachment A - Scope of Work, and shall satisfy all requirements of the  guidelines specified therein. III. COMPENSATION  This is a fixed fee agreement. The fixed fee for General Planning Services (I-III in Attachment A) is $45,000 (forty-five thousand dollars). As consideration for    performance of all work rendered under this Agreement, the CITY agrees to pay a fixed fee for the Generalized Planning Services of$45,000 (forty-five thousand dollars) to be paid in four (4) payments, beginning Upon Execution of this Agreement with a final payment due July 1, 2025. Payment shall be made upon receipt of an acceptable completed invoice from the COUNCIL, which shall be presented to the CITY. Payments  will be due as follows:  Upon Execution of Agreement January 1,2 2025 April . 1,2025 July 1,2025  $11,250 $11,250 $11,250 $11,250  All fees and payments for additional Scope of Work, ifrequired, shall be negotiated.  IV. PERIOD OF AGREEMENT  The services oft the COUNCIL are to commence upon execution of this agreement.  V. MODIFICATION OF AGREEMENT  A. Either party may request changes in the services or Scope of Work to be performed by the COUNCIL pursuant to this Agreement, including adjustments in the funds provided under the Agreement if necessary and appropriate. Such changes mutually agreed upon by and between the CITY and the COUNCIL shall be incorporated in B. Any extensions of the Agreement shall be mutually agreed upon by and between the CITY and the COUNCIL and shall be incorporated in written amendments to this  written amendments to this Agreement signed by both parties.  Agreement signed by both parties.  VI. TERMINATION  A. This Agreement may be terminated by the written mutual consent oft the parties. B. Either party may terminate this Agreement upon written notice of thirty (30) days. Written notice shall be delivered by certified mail, return receipt requested, or in C. In the event the Agreement is terminated, the COUNCIL shall be reimbursed in the amount commensurate with the work satisfactorily accomplished on the effective  person with proofofd delivery.  date oft termination.  2    VII. COMPLIANCE WITH LAWS  The COUNCIL warrants, represents, and agrees that it will comply with all federal, state, and local laws, rules, and regulations applicable to the fulfillment of the  requirements oft this Agreement.  VIII. PERSONNEL  A. The COUNCIL represents that it has, or will secure at its own expense, personnel B. The COUNCIL shall continuously staff the project with personnel as deemed necessary by the COUNCIL to fulfill its obligations under this Agreement. Qualified persons may be added, deleted, or substituted at any time during the period of this  necessary toj perform the services under this Agreement.  Agreement, as the COUNCIL may deem necessary or appropriate.  IX. DATA TO BE FURNISHED TO COUNCIL  Upon reasonable request of the COUNCIL, the CITY shall provide to the COUNCIL, at no cost, all information, data reports, records, and maps in its possession, or which become available to it, that are necessary for the execution of work of the COUNCIL  under this Agreement.  X. RIGHT TO WORK PRODUCTS  Copies ofall ofwork products shall become the property oft the CITY.  XI. ASSIGNMENT  This Agreement shall not be assignable.  XII. TERMS AND CONDITIONS  This Agreement and attachments incorporated by reference constitute all the terms and  conditions agreed upon by the parties.  3    IN WITNESS WHEREOF, the CITY and the COUNCIL have caused this Agreement to be  executed by their undersigned officials as duly authorized.  CITY OF SEBRING  CENTRAL FLORIDA REGIONAL PLANNING COUNCIL  By:  By:  Bishop Roland, City Council President  Jennifer Codo-Salisbury, Executive Director  Witness  Witness  Approved as to legal form and sufficiency:  City Attorney  Central Florida Regional Planning Council Attorney  4    Attachment A  City of Sebring  SCOPE OF WORK FORI FY2024-2025  GENERAL PLANNING SERVICES  I.  GROWTH MANAGEMENT ADMINISTRATION  A. The COUNCIL shall advise and assist the CITY in the preparation of small scale and large scale Comprehensive Plan amendments made necessary by annexations, citizen B. The COUNCIL shall provide technical assistance to the elected officials, Planning and Zoning Board and CITY staff members on the evaluation and processing of land development proposals (i.e., comprehensive plan amendments, zoning applications, C. The COUNCIL shall provide technica) assistance on occasional and minor revisions D. The COUNCIL shall coordinate training sessions on State statute and rule changes that effect the CITY'S compliance with Chapter 163, F.S., as necessary and  requests, State statute changes, and CITY initiated requests.  subdivision plats, site plans, etc.). to the Land Development Regulations.  requested.  II. ROUTINE MAPPING (ON GIS BASE MAP)  A. The COUNCIL shall prepare updates to the Map Series for the Comprehensive Plan made necessary by annexations, land use changes and text amendments. B. The COUNCIL shall prepare updates to the Official Zoning Map made necessary by annexations, requests for re-zonings and Comprehensive Plan amendments.  III. LARGE SCALE PLAN: REVIEW  The COUNCIL shall advise and assist the CITY on matters concerning the review of proposed large scale development projects on such subjects as, (a) the contents of proposed plans, (b) the processes for development review, (c) the integration of the development and its infrastructure plans into the CITY'S Comprehensive Plan, (d) coordination of review and (e) consistency with the Land Development Regulations and  Comprehensive Plan.  5    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October1 1,2 2024  PRESENTER: Chris & Robert Adams  AGENDA ITEM#: 8F-Circle Park Fall Fest - Special Event  BACKGROUND: Attached please find a Speçial Event Application (Attachment A) submitted by the Sebring Small Business Organization for the Circle Park Fall Fest Event, which is a small business fall festival to bel held on October 12, 2024. The organization is a group ofsmall businesses in and around Sebring working together to raise awareness oft the downtown businesses and supporting each other through shared advertising, marketing collaborations, monthly meetings, events and more. The event will take place in downtown Sebring, utilizing Circle Park Drive for vendors.  They are asking for the following:  1. Establish date of event as Saturday, October 12, 2024 2. Establish time ofevent from 2:00 p.m. to 6:00 p.m.  3. Authorize following road closures from 12:00 p.m. to 8:00 p.m. (Attachment B)  North Commerce from Circle Park to Wall Street West Center from Circle Park to Wall Street South Ridgewood from Circle Park to Wall Street South Commerce from Circle Park to Wall Street East Center from Circle Park to Wall Street North Ridgewood from Circle Park to Wall Street  4. Authorize posting of parking restrictions on closed road 5. Grant permission tol hang banners at Circle Park for the event 6. Authorize use of the City of Sebring Stage  7. Grant a variance from the City's Open Container Ordinance within the confines of the event area during event hours conditioned upon obtaining any necessary State Fees for Services - There will be no: fees for services. Public Works will deliver road barricades, the City of Sebring Stage and trash cans prior to close ofbusiness on Friday prior to the event. SFD will provide services within normal staffing, ifn needed for the event. SPD will, likewise, provide services through normal staffing. REQUESTED MOTION: Approve event as presented conditioned upon providing the appropriate Insurance Certificate showing at least $1 million dollars ofLiability Insurance and naming the City as additional insured at least ten days prior to the event.  Permits.  COUNCIL ACTION: APPROVED DENIED TABLED TO: OTHER  Moved by: Carlisle  Seconded by:  Havery Mendel Stewart Bishop    City of Sebring Special Event Application  Page One of1 Two  Section 01-Organkzation laformation Name of Organization Street Address 10S S.Biagwod Sclorng Telepbone Nember $43- 446-1409 Personi in Charge/ Contact Person Chnas + Kobrt Adoms Street Address BSPAywad a sebring Email Address eingisac@gpail S43-440-7003 Section 02-E Event) Information Name ofEvent Circle Park Fall Fest Rain Date (ir applicable) NA Circke Park Orise General description ofu thee event: Event Participation- Anticipated Numbero of: Participants: 5o Doy youn needa any streets orr roadways closedf fort thec event? Doy youn needa any parking restrictions enactedf for thee event? Willy youb beu using acity park tol holdy youre cvent? relateda athletic event, balloon fest, etc.) exhibitions, bumout contests, cte.) hazardous matenals, chemicals or other condations? Willt there bea any fireworks or pyrotechnics?  Sborny Smsil Busness acgpaizal  City Fas Number NA City Telephone Numbe?  State FL Affliation bwAeS Slate FL Mobile Phone! Number 412 638 7Yy9 Dother:  ZipCode 33670  Are youa 501(C)3 or other pon proft Orgacizallon? lyes, Corporate. Name: Sebrings58o  Doa  43470 Phone Number on Days ofEvent: 945. 446-/009 1012/24 Eading Time ofE Event lepm  Event Repetition DMonthly bmaDatogtiep mm/dd/year)  Mull-d day? 54oLes Starting' Time ofEvent  lfyes. howr many?  2Pm Suhvp 122M  Desired Location ofthee event: Toumustinchude ano overvirw map thata outlines thel location and layout ofy your rvent.  Small Business Verdors SLvy in Tut GII ormd Cirek PoK Orve Event Questionnaire Ploasc answerl FACH question sot that wer may adoquately assist youy with planning for) your cvent  Spectators: 50-/900 Vendors: Z5  Vehicles: o Speclal Events Coordinator. Action  Issue  If"yes", permission will ben neededt toc closer roadways State Roado closures (USZ 27,SR17, Dio Oyes ctc)require DOT approval County andl local roads require Cary Council ar County DNo Br-s permission toc close cityp parking! lots and public parking spaces must beg grantedby Dreasliy availability must bes verifieda and City Council approval may ber roquired.  Commission approval thecityc council  Isu thec event considered" "high- risk"7(eg. sea-plane ly-in, boat races, water- Fyes"s safety: aspects ofthes special event needt tobec coordinated with public safety entities. Will there be anys speciald demonstrations: att thec event?(ie. stunts shows, driving F'yes",s safety: aspects ofthes speciale event need tob bec coordinated with public safety entities. Docs thec event posea anys special concernf for publcs safety duet tot thep presenceof fF'yes", safety aspects ofthes speciale event needt tobec coordinated withp public safety entities. Willy youb bes selling. serving or distributing alcohola att thec event? GNo Dies 'yes", the eventr needs tobe! licensed throught thel Division of Alcoholic Beverages and  SoDes No Ces KNo Dies  oDes ff'yes", they vendor must! bel licensed andt thes safety aspects ofthes speciale event need tobe Tobacco (DABT). Licensurei information cabb be obtained at (850) 488-8284. yes", ina additiont toana alcoho!l license, an" "alcohol vanance" may! havet tol beg grantedby GNoDes yes". providet thec event coordinator with copy oft DBPR Form HRS 5030-034which oulines foody vendorn notifica ation and! licensure requirements. reavariance! fort thec city's "Noise Ordinance" might be aecessary. Thiss shouldb be ONos Syes requestedt throught thes Sebring City Council. Doves "yes", rental may! bea arranged throught the City ofs Sebring. oDs musi bec completed anda apptoved.  coordinated with public safety entitics.  Willy people! be allowed to consume alcohol while aty your event? Will food vendors bec cookingo or servingf food att thec event? Willl there bea band, DJo ord otherr musicenteruinment: att thec event? tents, canopies, buildings, stages.ete.? s-acionly Willy your eventu utilize theC City Stage? reference toy your event?  Oofles the Sebring City Council.  Docs youre event necessitate the usc or sctup of any temporary structuress suchas If'yes", permils mayb ber necessary and theses structures mayb have tot bei inspected Doy youv want tod displays or hanga anyb banners ors signs above ther roadwayi in es", then approval may ben necessary. For banners ons stater mads, poT Banner Request Isthee event" "animalr related" (animal rides, rodeos, 7005, races, ctc.) "soDke yes", ensure that safe anda appropriate animal! handling measures have been puti in place.  DNo Bes  : Local road closures require application submittal 30 days priort to event"" : Stater road closures require application 45 days prior to event" :  "Retum Hold Harmiess Agreement    City of Sebring Hold Harmless Agreement  Page Two of Two  Indemnifcationllold Harmless Agreement  Applicant hercby agrecs to indemnify and hold thc City of Scbring ("City") harmless from any and all damages, loss or liability occurring by rcason ifa any injury to any person or damage to propcrly which may occur as a result oft thc spccial cvent by Applicant or its officcrs, agcnts, representativcs, guesls, cmployccs, invitces, or pcrsons contracting with any of them or by an act or omission, neglect, or wrongdoing of Applicant or its officcrs, agents, represcntativcs, guests, cmployces, invitces, or persons contracting with any of them and Applicant will, at its own cost and expensc, dcfend and protect thc City agains! any and all claims or demands which may bc claimed to bave arisen as a result of or in conncction with thc spccial cvent by Applicant or its officers, agents, representatives, gucsts, employces, invitces, or persons contracting with any of them or by an act or omission, neglcct, or wrongdoing of Applicant or its officers, cmployccs, agents, representatives, guests, invitces, or persons contracting with any ofthem. Applicant docs hercby remisc, rclcasc, satisfy, quit claim and forcver discharge the City from any and all actions, claims and demands that it cver had, now has, or may have against thc City asa result oft thc special event by Applicant or its officcrs, cmployccs, agents, representatives, guests, invitces, or Ifrequired by City Council, Applicant agrecs to maintain liability insurance for thc cvent in an amount ofat least $1,000,000 combined single limit coverage of Bodily Injury and Property Damage. Applicant will have the City named as an additional insurcd on Applicant'sl liability policy and will provide a current Certificate ofI Insurance In any action brought for the enforcement of thc terms oft this agrcement through the courts, the City shall be entitled to recover reasonablc attorney's fccs, paralcgal fccs, court and other costs, to andi including appeal from  persons contracting with any oft them.  prior to the event as evidence of Applicant'so compliancc.  Applicant. Chas Adams 2  Le-Owne   Organization  ah    a ITnS 59  GITITET 0  OS0mS  BRao    Se  L a  a o .  PEL  :  00  S193  OSmpa0  WalsO ovais  -    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1, 2024  PRESENTER: Daniele Brown  AGENDAI ITEM#: 8G-Fall Festival - Special Event  BACKGROUND: Attached please find a Special Event Application (Attachment #1) submitted by the Bountiful Blessings Church of God for a Fall Festival to be held on  October 26, 2024.  They are asking for the following:  1. Establish date of event as Saturday, October 26, 2024 2. Establish time of event from 4:00 p.m. to 7:00 p.m.  3. Authorize following road closures from 2:00 p.m. to 9:00 p.m. (See Attachment  #2)  Walker Avenue from Harris Street to MLKJr. Blvd Washington Avenue from Harris Street to MLK Jr. Blvd  The Fall Festival event will include face painting, inflatables, live animal horse rides, games, food and a' Trunk-or-Treat. Sebring Fire Department will also attend the event Fees for Services - The event organizer is requesting a waiver of fees. Public Works will deliver road barricades and trash cans on Friday, prior to the event. SFD will provide services within normal staffing for the event. SPD will, likewise, provide services REQUESTED MOTION: Approve event as presented conditioned upon providing the appropriate Insurance Certificate showing at least $1 million dollars of] Liability Insurance and naming the City as additional insured at least ten days prior to the event.  providing public education for Fire Prevention Month.  through normal staffing.  COUNCIL ACTION: APPROVED DENIED TABLEDTO: OTHER  Moved by:. Carlisle  Seconded by:.  Havery Mendel Stewart Bishop.    ATTACHMENT - 1    City of Sebring Special Event Application  Page One of Two  Section Ur-Ogankzation Informson Name of Organization Street Address 820 Muk R.Bldd Telepkone Number Sl 441-5112 n /Contact Person eson Charge/ DANEIE bROWN Email Address Section 02.1 Event) fnformation Name ofE Event Rain Date (ifs applicable) NA General description ofti thee event: Event Participation: Anticipated Number of: Participants: 000  BrunHifu BLESSwgs Chuech OF God  City Fax Sewing  State FL Affiliation Mobile Phone! Number  ZipCode  33810 Doles (huacho BIESSW ZipCode 338702 Phonel Number onl Day ofE Event:  Are youa a 501(C3oro other non-profit Organization? lfyes, Corporate Name: Bouptilur  oGod  Stregt E SAN lOBL. SEhRCNQ State FL MAcrVOneOpb. 03314-144  Telephgpe Number  Event Repetition DMonthly EmmaDate()o of Event (mm/dd/year)  FAuL FESTWAL  Oother:  iD262024 Ending Time ofE Event  Muiti-day? BoLes Starting Time ofEvent  Ifyes, how many?  4:00 p.M.  7:00p.M  Desired Location ofthee event: Your mus! include ano overview mupghat outlines thel location andl luynute dy wure event.  7.20 WAshingtow HVE  GANs BOUNCE HOUSES,FACE PANVG TVMDE-OR-TOEAT Eu Ortionnre-Pst answer FACHquestion sotha wemy dequntelya assist ou wi pmning foryair cycnt  Spectators: Isse  Vendon: O  Vehicles: 30 Speciall Events oondinator Aetiou  Doy your need any strects orr roadways closed fort thec event? Doy your need any parkingr restrictions enacted fort thee event? Will you be using acity parkt toh holdy your event?. relateda athletic event, balloon fest, ctc.) exhibitions, bumout contests, etc.) hazardous materials, chemiçals or other conditions? Willt therel bes any fireworks orp pyrotechnics? Will you bes selling. servingo or distributing alcohol atu thec event? Willf food vendors bec cooking or servingf food at thee event? Will therel bea band, DJC or other musicentertainment at thee event? lents, canopies. buildings. stages. etc.? Will youre event utilize the City Stage? reference to) your event?  Fyes", permission willl ber neededt to close roadways. State Road closures (US 27, SR17, Dio C-cepir DOT approval. Countys and! local roads require City Council or County Go De permission to close city parkingl lots andp public parking spaçes must beg granted by LE Facility availability must be verified and City Council approval may ber required.  Commission approval. thec city council  Is the event considered" high-risk"7(e.g. sea-planef fly-in, boat races, water- (f"yes'.safetya aspects of thes special event need tob bec coordinated with publics safety entities. Willl there be anys special demonstrations att thec event? (i.e. stunt shows, driving r'yes", safety aspects ofthes special eventr needt tob bec coordinated withy public safety entities Does thec event poses anys specialo concern forp public safety duet tot thep presenceof yes",safety aspects oft thes special eventr needt tobec coordinated withy public safety entities.  DKo Cles No Des MNO Oes!  Go Cves! 'yes'thev vendor must be licensed andt thes safety aspects ofthes speciale eventr need tobe f"'yes", the event needs tob beli licensed throught the! Division ofA Alcoholic Beverages and CNo Des Tobacco (DABT). Licensurei information cab bec obtained at (850)4 488-8284. DioEfes fr"yes", providet thec event coordinator witha ac copy oft DBPRE Form HRS 5030-034 which foutlines foody vendor notifications and licensure requirements. 'yesav variance fort the city's' "Noise Ordinance" might be necessary. Thiss should be Dio Eve requested throught the Sebring City Council. ENo Des rr'yes", rental may bea arrangedt throught the City ofs Sebring. ENoDyes must be completed and approved.  coordinated withy publics safely entities. the Sebring City Council.  Will peopleb bes allowed to consume alcohol while aty youre event? CoDes "yes", ine addition toana alçohol license, an" alcohol variance" mayl havet tol beg grantedb by  Does) your eventr necessitatet the use or setup ofa any temporary structures suchs fyes", permits may ben necessary andt theses structures may! havet tob bei inspected Doy youv want to display or hangs any! banners or signs above ther roadwayin f'yes", then approval may ben necessary. For banners on stater roads, aDOT Banner Request Ist thec event" "animal related" (animal rides, rodeos, 2005, races, etc.) "Dio Ee "F"yes", ensure thats safe anda appropriate animal handlingr measures have been put inj place.  Dio Eves  * Local road closures require application submittal 30 days priort to event"" * Stater road closures require application 45 days priort to event *e  *Retum HoldI Harmless Agreement    City of Sebring Hold Harmless Agreement  Page Two of Two  IndemnileationHold Harmless Agreement  Applicant hereby agrees toi indemnify and hold the City of Sebring ("City") harmless from any and all damages, loss or liability occurring by reason ifany injury to any person or damage to property which may occur asa result oft the special event by Applicant ori its officers, agents, representatives, guests, employees, invitees, or persons contracting with any ofthem or by an act or omission, neglect, or wrongdoing of Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any of them and Applicant will, ati its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed tol have arisen as a1 result ofo or in connection with the special event by Applicant or its officers, agents, representatives, guests, employees, invitees, or persons contracting with any oft them or by an act or omission, neglect, or wrongdoing of Applicant or its officers, employees, agents, representatives, guests, invitees, or persons contracting with any ofthem. Appliçant does hereby remise, release, satisfy, quit claim and forever discharge the City from any and all actions, claims and demands that it ever had, now has, or may have against the City as a result oft the special event by Applicant or its officers, employees, agents, representatives, guests, invitees, or Ifrequired by City Council, Applicant agrees to maintain liability insurance for the event in an amount ofs at least $1,000,000 combined single limit coverage of Bodily Injury and Property Damage. Appliçant will have the City named as an additional insured on Applicant's liability policy and will provide a current Certificate of Insurance In any action brought for the enforcement of thet terms ofthis agreement through the courts, the City shall be entitled to recover reasonable attorney's fees, paralegal fees, court and other costs, to and including appeal from  persons contracting with any of them.  prior to the event as evidence of Applicant's compliance.  Applicant. DANIEIE B2DuON Prhnyed Name Signature  Relationshipt to Event Organization  OGmielr Brouwo glayoat  Date  Witness    ATTACHMENT - 2    ISQJUIDTA  asejunbm  A PAIBPTW  pAIgP 7W  1  3  SREHT  Audaz AEIgS  SL  de  HIER  S149052  iS  5Auda  2CDNETOT  SuIs RRESL    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1,2 2024  PRESENTER: Noethlich/Robinson  AGENDA ITEM#: 8H- Approval of Collective Bargaining Agreement - Agreement between  the City of Sebring and Sebring Professional Firefighter's Association Local #3210 for Contract Period October 1, 2024 to September 30,  2027  BACKGROUND: Attached please find the proposed Collective Bargaining Agreement between the City of Sebring and Sebring Professional Firefighter's Association Local #3210 for the contract period October 1,2024 to September 30, 2027 (Attachment A). Article changes are attached (Attachment B). The agreement was ratified by the Union ATTACHMENT A - Collective Bargaining Agreement between the City of Sebring and  on September 25.  Sebring Professional Firefighter's Association Local #3210. ATTACHMENT B - Article changes. All changes are reflected in red.  REQUESTED MOTION: Approve agreement as presented for contract period October 1, 2024 to September 30, 2027 and authorize City Administrator to sign.  COUNCIL ACTION: APPROVED DENIED TABLEDTO:  Moved by:  Seconded by:  Carlisle Havery Mendel Stewart Bishop.  OTHER    ATTACHMENTI A    COLLECTIVE BARGAINING AGREEMENT  BETWEEN THE CITY OF SEBRING  AND  SEBRING PROFESSIONAL FIREFIGHTER'S ASSOCIATION  LOCAL#3210  Effective October 1, 2024 through September 30, 2027    Table of Contents  PREAMBLE. ARTICLE 1-- RECOGNITION. ARTICLE 2 - REPRESENTATIVES OF PARTIES.. ARTICLE: 3 -- CITY'S MANAGEMENT RIGHTS.. ARTICLE 4 - PREVAILING RIGHTS.. ARTICLE 5 - UNIONS SECURITY. ARTICLE 6- - NONDISCRIMINATION ARTICLE7-- GRIEVANCE PROCEDURE. ARTICLE: 8 - NOS STRIKE. ARTICLE! 9 - UNION REPRESENTATION. ARTICLE 10 - CHECK-OFF.  ARTICLE 11 - BULLETIN BOARD & POSTING OF AGREEMENT. ARTICLE: 12 - RULES AND REGULATIONS. ARTICLE 13 - SAFETY ANDH HEALTH.  ARTICLE 14 - SENIORITY ANDI PROBATIONARY PERIOD. ARTICLE 15 - HOURS OF WORK. AND OVERTIME ARTICLE 16 - PROMOTIONS. ARTICLE 17 - RATES OFI PAY. ARTICLE 18 - OTHER BENEFITS. ARTICLE 19 - HEALTHI INSURANCE ARTICLE 20 - COURT LEAVE. ARTICLE 21 - CALL-BACK: & HOLD OVERPAY ARTICLE: 22 - AMENDMENTS. ARTICLE 23 - SEVERABILITY ANDI WAIVER..  10 11 13 14 19 19 19 19 20 20 20 21  ARTICLE 24 - DURATION, MODIFIÇATION. AND TERMINATION. Appendix 2- Skill Development/Ofitcer: Training.  Appendixl I- Pay Plan..    PREAMBLE  THIS COLLECTIVE BARGAINING AGREEMENT, hereinafter referred to as "Agreement", is entered into as of the 1st day of October, 2024, between the CITY OF SEBRING, a municipal corporation of the State of Florida, hereinafter referred to as the "City", and the SEBRING PROFESSIONAL FIREFIGHTERS ASSOCIATIONI LOCAL #3210, hereinafter referred to as the "Union". Both the City and the Union may be collectively referred to as the "Parties". The intent and purpose oft this Agreement is to assure: a sound and mutually beneficial working and economic relationship between the Parties, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth a basic and full agreement between the Parties concerning rates of pay, wages, hours of employment, and other terms and conditions of employment. Either party shall be entitled to require specific performance of the provisions of this Agreement. The Union agrees and understands that the City is engaged in furnishing essential public services, which vitally affect the health, safety, comfort and general well-being, of the public and both Parties hereto recognize the need for continuous and reliable  service to the public.  ARTICLE 1 - RECOGNITION  The City of Sebring recognizes the Sebring Professional Firefighter's Association Local #3210 as the exclusive bargaining representative of the included employees. Such recognition is in accordance with Chapter 447, Florida Statute (1987), and in accordance with Certification No. 870 issued by the Florida Public Employees Relations Commission on the 23rd day of October,  1989, for the employees in the following unit:  Included:  All employees employed by the City as a Firefighter, Sr. Engineer, Firefighter Paramedic, Lieutenant and Captain. Such included employees  shall hereinafter be referred to as "unit employees".  Excluded: The Fire Chief and Assistant Chief and all other employees oft the City.  1    ARTICLE 2 - REPRESENTATIVES OF PARTIES  Section 1. The City agrees that it will negotiate only with the authorized representatives oft the Union in matters requiring mutual consent or other official action regarding wages, hours and/or terms and conditions of employment. The Union agrees to notify the City of the name of such authorized representatives as of the execution of this Agreement and to notify the City of  any replacement of an authorized representative.  Section 2. The Union likewise agrees that the Union and unit employees shall negotiate only with the City Administrator or his designee in matters requiring mutual consent or other official  action regarding wages, hours and/or terms and conditions of employment.  Section 3. This Agreement shall be binding upon successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered, or changed in any respect whatsoever by the consolidation, merger, annexation, transfer or assignment of either party hereto, or by any change geographically or otherwise in the location  or place of business of either party.  ARTICLE 3 - CITY'S MANAGEMENT RIGHTS  Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of its normal and inherent rights with respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time redetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its department or other divisions; to select and direct thev working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to create new. job classifications; to transfer,  2    promote or demote employees; to lay off, furlough, or otherwise relieve employees from work for  lack of work or lack of funds; and to subcontract.  Section 2. If, in the absolute and sole discretion of the City Council, iti is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, public employee strikes or similar catastrophes or disorders, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. Wage rates and other direct monetary payments, however, shall not be suspended during the time of  such emergency.  ARTICLE 4 - PREVAILING RIGHTS  Except where expressly superseded by this Agreement, nothing in this Agreement shall be construed to waive the parties' right to bargain over established past practices concerning wages, hours, or terms and conditions of employment as provided by applicable Florida law. Allemployees who are eligible fori inclusion in the bargaining unit shall have the right to join or not to join the Union as they prefer. There will be no discrimination for or against any employee  ARTICLE 5 - UNION SECURITY  because of membership or non-membershp in the Union.  ARTICLE 6 - NONDISCRIMINATION  The City and the Union specifically agree that the provisions of this Agreement shall be equally applicable to all employees covered herein without regard to race, color, religion, creed, sex, national origin, membership or non-membership in labor organization, age, or handicap, as provided by law. A claim of a violation of this Section shall be subject to the grievance procedure but shall not be subject to arbitration absent the mutual agreement of both the Union and the City.  ARTICLE7 - GRIEVANCE PROCEDURE  Section1. Agrievance shall be defined as any difference, dispute or complaint regarding the interpretation or application of the terms of this Agreement. For grievances covered by both  3    the union contract grievance procedure and the grievance procedure set forth in the City's personnel manual, the employee may elect to proceed under either procedure, but not both.  Section 2. All grievances filed shall contain a specific statement of the facts alleged to support the grievance and the Article and Section alleged to have been violated. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the laws of the State of  Florida, and the City of Sebring.  Step 1. In all grievances, the aggrieved employee shall present the grievance in  writing to the Fire Chief, or in his absence the Assistant Chief, within ten (10) calendar days of the occurrence of the action giving rise tot the grievance or within ten (10) calendar days from the date the employee knew or should have known of the occurrence giving rise to the grievance. The aggrieved employee shall have the right to have a Union steward or representative present. Discussion shall follow and will be informal for the purpose of settling differences in the simplest and most direct manner. The Fire Chief, or in his absence, the Assistant Chief, shall reach a decision and communicate it orally or in writing tot the aggrieved employee andi if a Union steward was present to the Union steward within ten (10) calendar days from the date the grievance was  presented.  Step2. Ifthe grievance isi not settled at thet first step, the aggrieved employee may  appeal the grievance to the City Administrator within ten (10) calendar days of the receipt of the response in Step 1. Within ten (10) calendar days, the City Administrator shall meet with the employee. The aggrieved employee shall have the right to be accompanied by a Union Representative. Ifthe employee does not desire that al Union Representative be present, the City shall notify the Union of the date, time and place of the meeting. The City Administrator's decision shall be rendered in writing not later than ten (10) calendar days after the meeting with copies of the decision forwarded to the aggrieved employee, the Union and the Fire Chief.  4    Section 3. Within ten (10) calendar days of the date of the decision of the City Administrator, or his designee, the Union shall notify the City Administrator, or his designee, of its intent to arbitrate in writing. The notice of intent to arbitrate shall state the specific Article and Section or Sections of this Agreement claimed to have been violated and shall contain a short statement of facts upon which the grievance is based. Concurrently, the aggrieved party shall request from the Federal Mediation and Conciliation Service al list of seven (7) names of qualified arbitrators. The panel shall consist of arbitrators residing in Florida unless the parties agree otherwise. Within ten (10) calendar days after the receipt ofs such list, representatives oft the parties shall meet and each shall strike three (3) names. A coin will be tossed to determine which party strikes first. The remaining name shall be considered selected as the arbitrator and that person notified. As promptly as can be arranged, but no later than thirty (30) days from the date of selection of an arbitrator, the arbitration hearing shall be held. In the event the arbitrator selected is not available in the time required, the parties shall immediately obtain a new list of arbitrators from the Federal Mediation and Conciliation Service and by the same process select another arbitrator. Each party to the arbitration shall payi its own expenses fori its representatives, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee for a court reporter, shall be shared equally by the City and the aggrieved party. Ifatranscript oft thel hearing is requested, thent the party sor requesting shall pay fori it. The decision of the arbitrator shall be final and binding on both parties. The arbitrator shall have no power to  amend, add to or subtract from thet terms of this Agreement.  Section 4. The time limits specified herein may be extended by mutual agreement. The term' "calendar days" as used int this Article shall include Saturdays or Sundays, thet term "working  days" shall not include Saturdays or Sundays.  Section5. The arbitrator shall decide if an issue is arbitrable. In accordance with Florida law, the Union will not be required to process any non-union members' grievances but must be invited to any meeting where the resolution of the grievance may occur. If the Union refuses to  5    process a non-union member's grievance solely because of non-membership in the Union, the employee shall have the right to participate int the grievance and arbitration procedure tot the same extent as the Union and shall have the same rights, and obligations as the Union.  ARTICLE 8 - NO STRIKE  Section 1. The Union agrees that it shall not authorize, instigate, condone, excuse, ratify, acquiesce in, or support any strike, slow-down, picketing, or work stoppage which is engaged in ors supported by the Union, employees represented by the Union, agents or representatives of the  Union, or affiliates of the Union.  Section 2. Should the Union breach this Article the City may proceed in the appropriate court and, without notice, obtain an injunction against any breach. Additionally, the City may take  other action authorized by law.  Section 3. The City agrees not to lockout any employees covered by this Agreement.  ARTICLE 9 - UNION REPRESENTATION  Section 1. The Union shall notify the City, in writing, of the names of its official unit Section 2. No Union representatives, stewards, or unit employees shall leave their posts orwork assignments for the purpose of investigating, presenting, handling or settling grievances without the expressed permission of the Fire Chief. The Fire Chief shall not unreasonably deny requests for the Union representatives, stewards, or unit employees to leave their posts or work stations for the purpose of investigating, presenting, handling or settling grievances. Under no circumstances, however, may any Union representative, stewards, or unit employees discuss Union business or leave their posts or work stations for the purpose of investigation, presenting, handling or settle grievances during working hours if such activities disrupt the normal operation oft the fire station, as reasonably determined by thel Fire Chief, Assistant Chief, or Shift Supervisor.  representatives.  6    Section 3. The Union agrees that neither it nor any member of the Union shall conduct any political activity on City property during working hours or on working time, and that violation  of this rule may result in discipline up to and including termination.  ARTICLE 10 - CHECK-OFF  Section 1. The City shall deduct dues and initiation fees owed by the employee to the Union on a monthly basis; provided, that prior to such deduction, the Union has provided the City with a signed and lawful authorization from each employee whose dues aret tol be deducted stating that such deduction is authorized. Deductions shall be made from each paycheck in an amount certified to be current by the secretary/Treasurer oft the Union and forwarded to the Union within  ten (10) days of said deduction.  Section 2. Notwithstanding anything contained herein to the contrary, any authorizations for dues deduction may be canceled by the employee upon thirty (30) days written notice to the  City and the Union.  Section 3. The Union shall indemnify and hold harmless the City from any and all claims, demands, or expenses in connection therewith based upon any documentation or information  furnished by any officer or agent oft the Union.  Section 4. Nothing contained herein shall require the City to deduct from a salary or be  otherwise involved in the collection of any fine, penalty or special assessment.  ARTICLE 11 - BULLETIN BOARD & POSTING OF AGREEMENT The City agrees to provide space on agreed upon bulletin boards for posting by the Union of notices of meetings or other official Union information. The Union agrees that it shall not post nor allow to be posted any notices other than meeting or function notices without the prior approval of the Fire Chief or the Fire Chief's designee. A copy oft this Agreement shall be  available to unit employees.  7    ARTICLE 12 - RULES AND REGULATIONS  Section1. Except where expressly modified by any provision oft this Agreement, the rules, regulations, policies and procedures of the City and its various Departments including, but not limited to, the Fire Department Standard Operating Guideline Book, as from time to time amended, and the City's charter and ordinances shall govern the relationship between the City,  the Union and the unit employees.  Section 2. There will be thorough and complete job descriptions for all employee Section 3. Both parties understand and agree that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the unit may be required to perform duties in addition to all those listed within the current job  classifications covered by this Agreement.  descriptions which are related tot the purposes of thej jobi in question.  Section 4. Where this Agreement expressly conflicts with any rule, regulation, policy or procedure oft the City or any of its Departments or Divisions, this Agreement shall govern. Section 5. The City may formulate, revise, implement and rescind rules, regulations, policies and procedures sO long as such action is not inconsistent with any express provision of this Agreement, subject to any collective bargaining obligation under applicable law.  ARTICLE 13 - SAFETY AND HEALTH  Section 1. Any employee who is taking or using any controlled substance pursuant to a prescription shall notify the Fire Chief and inform the Fire Chief of the prescription. The City shall have the right to require any employee to submit to drug testing, upon reasonable suspicion or on ar random basis for those employees who are designated safety sensitive or who are required to be randomly tested by federal or state law, as part of the employee's annual physical or as otherwise provided in the City's Drug Free Work Place Policy. An employee will be allowed to use any unused vacation or sick leave to his rehabilitation. The City, at its discretion, may also grant  8    al leave of absence, without pay, for such rehabilitation. Any such drug or alcohol testing shall be performed by an independent testing laboratory. It is further agreed that there will be two (2) samples taken at any such test, one to be submitted to the testing laboratory and one to be retained by thel laboratory collecting the sample pending receipt oft test results, which sample shall be submitted to the laboratory if the original sample tests positive. An employee shall have the  right to have al Union steward present during such testing.  Section 2. Employees shall maintain a tobacco free environment per F.S. 633.412(6). Section 3. The City's Drug-Free Work Place Policy shall apply to all employees. ARTICLE 14 : SENIORITY AND PROBATIONARY PERIOD Section 1. Seniority within job classification shall prevail in cases ofl layoff unless thej junior employee possesses special job related skills which are currently being utilized within the  department and are not possessed by the senior employee.  Section 2. No new employee int the classification affected shall bel hired until the employee on layoff has been given an opportunity to return to work at the employee's original seniority date and position; provided, however, that after thirteen (13) months of layoff the employee shall cease to accrue seniority andi that such re-employment rights shall cease aftert thirteen (13) months from  the date of layoff.  Section3. (The probationary period for persons employed by the City shall bet twelve(12) months from the date of hire). New employees will successfully complete a probationary testing process composed of awritten test, demonstration sections and an evaluation prior to completion of the 12 month probationary period. New employees shall pass all sections of the testing process. All new hires shall have EMT or Paramedic certification in good standing but can only act within scope of practice as dictated by the Highlands County Medical Director and approved by Fire Chief. The City will not provide extra compensation for EMT certification. The probationary  9    period for persons promoted or assigned to al higher rank shall be one (1)year. During such period the employee may be reduced to his former rank without recourse to the grievance procedure.  ARTICLE 15 - HOURS OF WORK AND OVERTIME Section 1. A normal work day consists of twenty-four (24) hours of duty, including meals and rest periods, and forty-eight (48) hours off between each work day, with an unpaid "Kelly day" Effective January 3, 2022, bargaining unit employees normal schedule will consist of a twenty- four (24) hour work shift (including meal and rest periods) followed by forty-eight (48) hours off, with an unpaid Kelly Day given every 14th shift (after the employee's first Kelly Day on or after January 3, 2022). This work schedule will result in an employee working a 52-hour average work week and, as such, the annual salary set forth in Appendix I reflects the total compensation,  scheduled within each twenty-one (21) day work period.  including straight-time pay and scheduled overtime compensation.  Section 2. A work day normally starts at 07:00 hours and ends at 07:00 hours the next Section 3. Employees shall be entitled to receive not less than their straight time hourly Section 4. For purposes of the Fair Labor Standards Act, a work period shall consist of twenty-one (21) calendar days. Employees who work in excess of one hundred and fifty-nine (159) hours in a twenty-one (21) day work period shall receive time and one-half their regular hourly rate for such excess hours. Notwithstanding the previous sentence, the City agrees that during the twenty-one (21) day FLSA cycle containing a scheduled Kelly Day, all time worked in excess of 144 hours shall be compensated at the rate of one and one-half times the regular rate of the employee'ssalary. For purposes of this Section, the term' "hours worked" shall not include  day.  rate for all hours worked.  sick leave.  10    Section 5. Employees may receive compensatory time offi in lieu of payment for overtime under the following conditions. Compensatory time hours shall be earned at the same rate as the hours worked but not paid, up to a maximum available of one hundred and twenty (120) hours for any employee. Compensatory time off shall be scheduled only with the prior approval or direction of the Fire Chief or Assistant Chief. In the event of termination for any reason an employee shall  be paid for any earned but unused compensatory time. Section 6. The City's pay cycle is every two weeks.  ARTICLE 16 - PROMOTIONS AND ASSIGNMENTS Section 1. Employees serving their initial probationary period or a disciplinary probation shall be ineligible for promotional or assignment consideration, unless otherwise waived by the  Chief.  Section 2. To be eligible for consideration for the position of Sr. Engineer, an applicant Section3. To be eligible for consideration for the position ofl Lieutenant, an applicant must Section4. The following criteria will be used to select individuals for promotions:  must hold an FO1 certificate. hold an FO2 certificate.  a. b. C. d. e. f. g.  Educational and training background Years of service as a firefighter Years of service with the City Supervisory experience Disciplinary history Work performance  Demonstrated initiative and motivation  h. Particular skills, knowledge or other experience appropriate fort the position  being filled  11    Section 5. In making promotional selections, in addition to consideration oft the criteria set forth in Section 4, the City may utilize a written examination, an oral interview panel, a Chief's  interview, an assessment center, or any combination of these methods.  Section 6. The City reserves the right to consider both internal and external applicants in making promotional selections. Additionally, if the selection process does not yield atl least three candidates deemed to have above average qualifications for the position sought, the City may  elect to re-advertise the position.  Section 7. To be eligible for consideration for the assignment of ALS Paramedic Coordinator, an applicant must hold a Paramedic Certification and be employed as al Firefighter  Paramedic at the City. Paramedic Coordinator:  Section 8. The following criteria will be used to select individuals for assignment of ALS  a. Educational and training background b. Years of service as ai firefighter Years of service with the City d. Supervisory experience e. Disciplinary history Work performance  Demonstrated initiative and motivation  h. Particular skills, knowledge or other experience appropriate for the position  being filled  Section 9. In making the ALS Paramedic Coordinator assignment selection, in addition to consideration of the criteria set forth in Section 8, the City may utilize a written examination, an oral interview panel, a Chief's interview, an assessment center, or any combination of these  methods.  12    Section 10. The City reserves the right to consider both internal and external applicants  inr making ALS Paramedic Coordinator assignment selections.  ARTICLE 17 - RATES OF PAY  Section 1. Bargaining Unit employees will be paid pursuant to the attached pay plan as shown in Appendix 1. To reach the next step in the pay plan the employee must have a satisfactory performance evaluation. Stepi increases will be on the employee's anniversary date which is defined as the date of hire as ai full-time firefighter or date of promotion. During thet term of the agreement, any cost of living (COLA) adjustment approved by City Council  will be applied to the bargaining unit Step Plan (Appendix I).  Section 2. Employees who are officially assigned the additional duties and responsibilities of Fire Inspector shall serve at the pleasure of the Fire Chief and shall receive $5,000 annually prorated into each paycheck in addition to their regular rate of pay during the tenure of such assignment. Employees promoted to the rank of Captain or Lieutenant after October 1, 2024 will be required tol hold a Fire Safety Inspector State Certification within one year of promotion.  Section 3. The City agrees to notify the Union of any new unit job classifications created and which contain rates of pay other than those set forth above. The City agrees to discuss the proposed new rate of pay with the Union. In the event the parties disagree, however, then the City shall have the right to put such rate of pay into effect for the life of this Agreement and such  decision shall not be subject to the grievance procedure.  Section 4. On any shift where an employee in the classification of Firefighter is serving in the position of Lieutenant because of the absence of both the Lieutenant and the Sr. Engineer, they shall receive an additional one dollar ($1.00) per hour after twelve hours of such service  retroactive to the first hour served on that shift. be compensated as shown in Appendix II.  Section 5. As an incentive for skill development training, bargaining unit employees will  13    Section 6. Employees who are employed in the position of Paramedic shall serve at the pleasure of the Fire Chief and shall receive $6,000 annually prorated into each paycheck in addition to their regular rate of pay effective with obtaining credentials from Highlands County and  Highlands County Medical Director.  Section7. The employee who is assigned as the ALS Paramedic Coordinator shall serve as Coordinator at the pleasure of the Fire Chief and shall receive $6,000 annually prorated into  each paycheck in addition to their regular rate of pay.  ARTICLE 18 - OTHER BENEFITS  The City agrees to provide the following additional benefits for the employees in the unit.  Section 1. Holiday Pay.  A. There shall be eleven (11) holidays recognized for members oft the bargaining unit. In addition to the personal day provided in paragraph B of this Section, those holidays shall be:  New Year's Day Martin Luther King's Birthday Easter Sunday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day  14    B. Unit employees shall receive 10.4 hours leave per year for Personal Leave. Personal Leave shall be scheduled with the approval of the Fire Chief on a day that shall not  result in overtime for any other department employee.  C. For each Holiday listed above, Unit employees who are required to work on the contract observed holiday shall receive Holiday Pay" at the rate of "time and one-halP" (overtime)  their normal rate of pay for all hours worked on the holiday.  D. Unit employees who do not work the holiday shall not be eligible for "Holiday Pay". E. For the purpose of this policy, the holiday shall be deemed to commence at 07:00 hours on the day of the contract observed holiday and will continue for a period of 24 hours. The term Annual Leave includes the accrual of annual leave and time off for observed City  Section2. Annual Leave.  holidays.  A. Annual leave shall be earned as follows for employees:  1. Ten (10) years of service or less: 18.21 hours per month  Annual Leave: 8.67 hours per month (2 weeks per year) Holiday: 9.54 hours per month (11 holidays @ 10.4 hours) Over ten (10) years of service: 22.54 hours per month Annual Leave: 13 hours per month (3 weeks per year) Holiday: 9.54 hours per month (11 holidays @ 10.4 hours) Annual Leave: 17.34 hours per month (4 weeks per year) Holiday: 9.54 hours per month (11 holidays @ 10.4 hours)  2.  3. Over twenty (20) years of service: 26.88 hours per month  B. An employee shall not be eligible for accumulated annual leave with pay unless the employee has successfully completed their first six (6) months of the probationary period.  15    C. Any employee whoi is discharged before probationary period is over, or fails tos give at least to (2) weeks' notice upon his resignation, shall not receive payment for annual leave not  taken.  D. An employee may elect to carry over no more than two hundred and sixteen (216) hours of annual leave to thet following calendar year. The City shall not be obligated to "buy back"  any unused annual leave.  E. Where a verified illness of three (3) days or more occurs during annual leave, an employee may charge this time to sick leave and such time charged to sick leave shall not be charged against the employee's accrued annual leave, provided the firefighter notifies the shift supervisor on duty at the time of the illness and presents proof of illness satisfactory to the Fire Chief nol later than thet first working day on which the employee returns to work.  Section 3. Sick Leave.  A. Sick Leave shall be earned at ther rate oft ten andi four-tenths (10.4) hours per month of continuous service, up to a maximum of two thousand one hundred sixty hours (2160). Any employee utilizing accumulated sick leave in excess of thirty (30) calendar days in any year shall be compensated during such additional accumulated leave at a rate equal to sixty-six and two- thirds (66 2/3) percent of normal compensation. Said leave shall not accumulate during the first six (6) months of employment. After completing six (6) months of employment, the employee will be credited with sixty-seven and two tenths (67.2) hours of sick leave. Any time off during thet first six (6) months of employment will be deducted from the employee's compensation. Pregnancy  shall be treated for the purposes of this article as an illness.  B. Employees may use sick leave for verified personal injuries or illnesses which prevent the performance of required duties or for verified personal medical, dental or optical consultation or treatment. Sick leave shall not be taken in less than twelve (12) hour increments unless approved by the Fire Chief or Assistant Chief. Misuse or abuse of sick leave will be sufficient grounds for immediate dismissal. After missing two (2) or more work days in a row, the  16    employee must furnish, as the City requires, such verification of the condition warranting sick leave. After missing three (3) or more working days in a row, the employee must furnish, as the City requires, certification from the attending physician as to the employee's inability to work. Up to forty-eight (48) hours of sick leave may also be used for illness or death in the employee's immediate family upon proper verification. Immediate family includes spouse, parents, grandparents, grandchildren, children, brothers and sisters of spouse and employee only.  C. Sick leave shall be used solely for the reasons set forth in paragraph BI hereof and no accrued sick leave shall be paid to an employee under any circumstance. Sick Leave may be donated to the pool provided by the City Ordinance, provided, however, that the direct donation  of sick leave to another employee shall be eliminated. Military Leave shall be covered by applicable law. Section 5. Leaves of Absence.  Section4. Military Leave.  The Fire Chief may grant any employee a leave of absence of up to one week without pay. A leave of absence for any longer period of time must be approved by the City Council. Such leave must bei for educational, military, Union business or other purposes noti inconsistent with the best interests of the City. Such leaves may be granted only upon the written application of the employee, setting forth the dates of the proposed absence from duty and the reasons therefor. Any employee, while performing in the line of duty, who damages or breaks his prescription eyeglasses shall have the same repaired or replaced, whichever is the lesser cost of the two, by the City. The Fire Chief will investigate the incident and make final determination as to the City being involved, or if the loss or damage is the fault of the employee. The City agrees to provide a boot allowance up to one hundred ($100) dollars each fiscal year as per specifications  Section 6. Prescription Eye Glasses/Work Boots.  authorized by the Fire Chief.  17    Section7. Tuition Reimbursement.  The City's tuition reimbursement program shall be applicable to Unit Employees effective upon approval of this agreement by City Council and as outlined in the City of Sebring's Employee  Handbook Section 16.02. Section 8. Pension.  A. Pension Plan Modification. If the Pension Board recommends changes to the Firefighters' Pension Plan during the contract duration, the City Council can consider the Pension Board recommendation without collective bargaining and make thei final decision.  B.  Continuation of Defined Benefit Pension Plan For Currently Vested Members.  Employees who are currently vested in the City of Sebring Municipal Firefighters' Pension Plan ("Defined Benefit Pension Plan") will continue to participate in the Defined Benefit Plan. Except as set forth in subsection A above, any changes to, or discontinuation of, the Defined Benefit Pension Plan for vested employees shall be subject to any applicable collective bargaining  obligations imposed by Florida law. Retirement System (FRS).  C. All firefighters not in the City municipal pension plan shall be in the Florida  Section 9. Paramedic Tuition Reimbursement  The Paramedic Tuition Reimbursement Program is offered to Unit Employees when Paramedic positions are unfilled, and funds are budgeted by the City. Unit employees will be selected for  the program as follows:  A. The following criteria will be used to select individuals: 1. Educational and training background 2. Years of service as a firefighter 3. Years of service with the City 4. Disciplinary history 5. Work performance  18    6. Demonstrated initiative and motivation  7. Particular skills, knowledge or other experience appropriate for the Paramedic  position being filled  B. Selected Unit Employees must agree to the Paramedic Tuition Reimbursement  Agreement (Appendix II).  ARTICLE 19 - HEALTH INSURANCE  The City currently provides a health benefit plan to all full time employees after they have been employed for three (3) months. All covered employees may elect to have their dependents covered at their expense. The City agrees to provide to unit employees the same group Insurance  as it provides to its other employees.  ARTICLE 20 - COURT LEAVE  Section 1. The City shall grant leave from duty with regular pay to any employee for the period of time he is required to appear before a court judge, justice, magistrate or coroner, on a  job related matter or case, as a plaintiff, defendant or subpoenaed witness.  Section 2. If off duty, the City shall pay, at regular pay, for any employee subpoenaed to  court for aj job related matter or case.  ARTICLE 21 : CALL-BACK & HOLD OVERPAY  Any employee who reports to work after leaving his regular shift for emergency purposes, shall be paid for a minimum of two (2) hours or total hours worked at time and one-half, whichever is greater. An employee held over past the end of a scheduled shift shall be compensated for their  time on a minute to minute basis.  ARTICLE 22 - AMENDMENTS  This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each  19    party hereto. Any amendment, to be binding on the City, must be approved by the City Council  and ratified by Union membership.  ARTICLE 23 - SEVERABILITY AND WAIVER  Section 1. Each and every Article, Section or clause of this Agreement shall be deemed separable from each and every other article, section or clause sO that in the event any part oft this Agreement shall be finally determined to be in violation of any law, then, and in such event, only such part determined to bei in violation, shall be deemed ofr no force and effect and unenforceable. Such a determination shall not impair the validity or enforceability of the rest of the Agreement including any and all provisions in the remainder of any article, section, clause, sentence or  paragraph in which the offending language appears.  Section 2. Int the event a part of this Agreement is declared unenforceable under Section 1 oft this Article, and the parties shall meet and bargain collectively concerning a replacement for  the unenforceable part.  Section 3. The exercise or non-exercise by the City or the Union of the rights covered by this Agreement shall not be deemed to waive any such right or right to exercise themi ini the future. ARTICLE 24 - DURATION, MODIFICATION AND TERMINATION This agreement shall be a new three-year collective bargaining agreement as follows:  October 1, 2024 - September 30, 2027  There will be no wage reopener for 3 years.  No additions, waivers, deletions, changes or amendments shall be made during the life oft the Agreement except by mutual consent in writing of the parties  hereto.  20    For the City of Sebring,  Scott Noethlich, City Administrator  Date  For the Sebring Professional Firefighters Association,  Local 3219,  01-27-2024 Date  VHwlh ClaytoHWaldron, President  21    APPENDIXI  CITY OF SEBRING FIRE DEPARTMENT  CERTIFIED PAY PLAN SCALE 10-1-2024 2,626 Regular hours +78 OTH hours =2,704 hours annually- 521 hour  FIREFIGHTER INTERN (Non Union)  HOURLY $ HOURLY $ $ $ $ $ $ $ $  ANNUAL ANNUAL  Step 1 FIREFIGHTER State of Florida Certified Firefighter Probationary Step 1- Exit Probation Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 SENIOR ENGINEER Requires FO1 Certificate Step 1 Step 2 Step 3 Step 4 LIEUTENANT Step 1 Step 2 Step 3 Step 4 CAPTAIN Step 1 Step 2 Step 3 Step 4  13.9979 $ 38,396.11  <1 year Year 1 2years 3years 4y years 5 years 6y years 7years  17.1891 $ 47,149.76 17.7048 $ 48,564.25 18.2359 $ 50,021.18 18.7829 $ 51,521.59 19.3464 $ 53,067.28 19.9269 $ 54,659.49 20.5247 $ 56,299.27 21.1404 $ 57,988.25  HOURLY $ $ $ $  ANNUAL  1year 2y years 4years 6y years  21.5633 $ 59,148.02 21.9945 $ 60,330.98 22.4344 $ 61,537.60 23.3318 $ 63,999.10  HOURLY $ $ $ $ HOURLY $ $ $ $  ANNUAL  Requires FO2 Certificate & Fire Safety Inspector Certificate  1y year 2years 4 years 6y years 1y year 2y years 4 years 6y years  24.3817 $ 66,879.06 24.8694 $ 68,216.64 25.3667 $ 69,580.98 26.3815 $ 72,364.39 27.7005 $ 75,982.43 28.2545 $ 77,502.07 28.8196 $ 79,052.12 29.9724 $ 82,214.20  ANNUAL  22    APPENDIXII  Skill Devetbpmenvomcertanng  *C Courses Approved by Fire Chief  *Skill Development & Officer Training Courses FSFCcourse schedule Maximum Skill Developmentv/oricer Training Course Hours Maximum Basic SalaryIncentive Per Month Maximum Basic SalaryIncentivel Per Year Basic SalaryIncentive Pay Per Course Hour  1,500 $ 180.00 $ 2,160.00 $ 0.12  Paidi in proportional shares for courses completed in 80hour units  23    APPENDIX III  PARAMEDIC TUITION REIMBURSEMENT AGREEMENT  This Paramedic Tuition Reimbursement Agreement ("Agreement") is entered into by and WHEREAS, the Individual currently serves as a FF/EMT with the City's Fire Department and desires to further his/her education and training in the fire and rescue field by taking the Paramedic curriculum, related educational training and being credentialed through the WHEREAS, the Individual intends to continue employment as a State of Florida certified Frehghter/Paramedic with the Cityt to the extent that a position remains available, and the City WHEREAS, the Cityi is agreeable to payi for the Individual's Paramedic course tuition or tuition re- imbursement, subject to the terms and limitations set forthi int this Agreement, and, in exchange, the Individual agrees to reimburse the City fort thist tuition expense int the event that thel Individual does not become a State of Florida certified Paramedic or leaves employment with the fire department for any reason within 5 years from date of their State of Florida certified paramedic NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the  between the City of Sebring ("City"), and  ("Individual").  department's n medical director;  desires to consider the Individual for continued employment;  certification.  parties agree as follows:  1. The City agrees to pay up to a maximum of $6,500 in tuition assistance or tuition re-imbursement for the educational coursework required to become a State of Florida certified Paramedic, with the specific dollar amount of tuition assistance to be approved by the City and subject to the availability of funding as determined solely by the City. Nothing int this Agreement shall be construed as guaranteeing a specific amount of tuition assistance or tuition re- imbursement to be approved and provided to the Individual. The City may require the Individual tof furnish documentation of tuition expenses and information pertaining to anticipated dates of the coursework at any time before or after tuition assistance is approved and paid.  2. The Individual agrees to reimburse the City for 100% of the tuition assistance or tuition re-imbursement received if the Individual fails to become a State of Florida certified Paramedic or separates employment before working as a full-time Credentialed Frenghter/paramedic for the Cityi for at least five full calendar years. This tuition reimbursement obligation shall be binding and applicable notwithstanding whether any employment separation from the City is voluntary (i.e., resignation or retirement) or involuntary (i.e., discharge, layoff, disability), and notwithstanding any reason for the separation. This reimbursement obligation will be prorated depending on the period of time that the Individual works as a full-time  Credentialed Frefghter/paramedic for the City, as follows:  24    0-1 years of employment after Credentialed State of Florida certified Paramedic 1-2 years of employment after Credentialed State of Florida certified Paramedic 2-3 years of employment after Credentialed State of Florida certified Paramedic 3-4 years of employment after Credentialed State of Florida certified Paramedic 4-5 years of employment after Credentialed State of Florida certified Paramedic More than 5 years of employment after Credentialed State of Florida certified 3. The Individual acknowledges and agrees that nothing in this Agreement, nor in Individual's selection for inclusion in the tuition assistance or tuition re-imbursement program, shall be construed as a guarantee of employment with the City or as granting the Individual any property interests in employment with the City. If employed by the City, nothing in this Agreement shall be construed as guaranteeing the Individual employment of any specific duration with the City. To the contrary, the City retains the sole right to decide whether to offer employment to the Individual and, if offered, to discharge the Individual at any time and for any  certification = repayment obligation is 100% certification repayment obligation is 80% certification repayment obligation is 60% certification repayment obligation is 40% certification- repayment obligation is 20% Paramedic certification repayment obligation is 0%  reason.  4. Any tuition reimbursement due under this Agreement shall become due and owing immediately upon the Individual's separation from the City. The Individual agrees and authorizes the City to deduct any tuition reimbursement owed under this Agreement from any wages, salaries, or other remuneration owed to the Individual by the City, without the necessity of the Cityl having toi initiate any legal action seeking collection or make any demand for payment of the amount owed. In the event the Individual is not owed sufficient wages, salary, or other remuneration, the City may seek collection of any amounts owed, or balance owed, through any legal means available to it. The Individual agrees to fully reimburse the City for any amounts owed, or balance owed, within 30 calendar days oft the Individual's separation from employment with the City. In its sole discretion, the City may, but is not required to, permit the Individual to make payments on a specified repayment schedule determined by the City in lieu of requiring  the full amount to be paid within 30 calendar days.  5.  Notwithstanding the City's agreement to provide tuition assistance or tuition re-  imbursement for the Paramedic curriculum, the City reserves the right to deny tuition assistance ortuition re-imbursement for the Paramedic courses for any reason, including but not limited to the Individual's failure to make timely and sufficient progress in the Paramedic coursework. The City's denial of tuition assistance or tuition re-imbursement for Paramedic courses shall not relieve the Individual of the responsibility to reimburse the City for tuition associated with the  Paramedic coursework under the reimbursement terms of this Agreement.  25    6.  Int the event that legal fees and costs are incurred byt the Cityt to enforce the terms  oft this Agreement, the Individual shall be responsible for payment of such fees and costs and the  court shall award such fees and costs to the City.  7. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The parties agree that, should enforcement of this Agreement become necessary, venue for any such enforcement action shall lie exclusively within Highlands County, Florida. The Individual waives any right to seek a jury trial in any claim or defense in any action  based on this Agreement.  8. No provision of this Agreement shall be interpreted in a manner adverse to either party based upon the fact that the party drafted the language oft the Agreement at issue. 9. This Agreement constitutes the sole and complete understandings between the parties with respect to the issues covered by this Agreement. This Agreement supersedes any prior written or oral agreements between the parties and the parties agree that any verbal or other statements, inducements or representationsnot. otherwise: seti forthi inthis Agreement may  be relied upon by either party.  10. The waiver by the City of all or party oft the reimbursement obligation owed by any other person shall not be construed. as a waiver by the City of Individual's obligations under this  Agreement.  11. This Agreement and its provisions may only be modified, waived, altered or 12. This Agreement is freely and voluntarily entered into by the parties ont the date(s) 13. The Individual acknowledges and agrees that the existence of any claim, grievance, appeal, or cause of action against the City by the Individual, or the existence of any grievance or appeal by Individual to his or her employment separation, shall not relieve Individual of his reimbursement obligation nor constitute valid grounds to delay repayment of any  rescinded pursuant to as subsequent written agreement, signed by both parties.  shown below.  reimbursement obligation.  26    IN WITNESS WHEREOF, the parties have executed this Agreement.  Date: State of Florida County of Highlands  Individual  ) )  Sworn to and subscribed before me this  day of  2024, by.  who is personally known to me or who has produced  asi identification.  (Seal/Stamp)  Notary Public  For the City of Sebring,  Date:  27    ATTACHMENT B    ARTICLE 1 - RECOGNITION  The City of Sebring recognizes the Sebring Professional Firefighter's Association Local #3210 as the exclusive bargaining representative of the included employees. Such recognition is in accordance with Chapter 447, Florida Statute (1987), and in accordance with Certification No. 870 issued by the Florida Public Employees Relations Commission on the 23rd day of October,  1989, for the employees in the following unit:  Included:  All employees employed by the City as a Firefighter, Sr. Engineer, Firefighter Paramedic, Lieutenant and Captain. Such included employees  shall hereinafter be referred to as "unit employees".  Excluded: The Fire Chief and Assistant Chief and all other employees of the City.  ARTICLE 14 -S SENIORITY AND PROBATIONARY  PERIOD  Section 3. (The probationary period for persons employed by the City shall bet twelve (12) months from the date of hire). New employees will successfully complete a probationary testing process composed of awritten test, demonstration sections and an evaluation prior to completion of the 12 month probationary period. New employees shall pass all sections of the testing process. All new hires shall have EMT or Paramedic certification in good standing but can only act within scope of practice as dictated by the Highlands County Medical Director and approved byFire Chief. The City will not provide extra compensation for EMT certification. The probationary period for persons promoted or assigned to al higher rank shall be one (1)year. During such period the employee may be reduced to his former rank without recourse to the grievance procedure.    ARTICLE 16 - PROMOTIONS AND  ASSIGNMENTS  Section 1. Employees serving their initial probationary period or a disciplinary probation shall be ineligible for promotional or assignment consideration, unless otherwise waived by the  Chief.  Section2. To be eligible for consideration for the position of Sr. Engineer, an applicant Section3. Tol be eligible for consideration fort the position ofl Lieutenant, an applicant must Section 4. The following criteria will be used to select individuals for promotions:  must hold an FO1 certificate. hold an FO2 certificate.  a. C. e. f. g. h.  Educational and training background b. Years of service as ai firefighter Years of service with the City d. Supervisory experience Disciplinary history Work performance  Demonstrated initiative and motivation  Particular skills, knowledge or other experience appropriate for the position  being filled  Section5 5. In making promotional selections, in addition to consideration of the criteria set forth in Section 4, the City may utilize a written examination, an oral interview panel, a Chief's  interview, an assessment center, or any combination of these methods.  Section6 6. The City reserves the right to consider both internal and external applicants in making promotional selections. Additionally, if the selection process does not yield at least three candidates deemed to have above average qualifications for the position sought, the City may  elect to re-advertise the position.    Section 7. To be eligible for consideration for the assignment of ALS Paramedic Coordinator, an applicant must hold a Paramedic Certification and be employed as a Firefighter  Paramedic at the City. Paramedic Coordinator:  Section 8. The following criteria will be used to select individuals for assignment of ALS  a. Educational and training background b. Years of service as ai firefighter Years of service with the City d. Supervisory experience :. Disciplinary history Work performance  Demonstrated initiative and motivation  h. Particular skills, knowledge or other experience appropriate for the position  being filled  Section 9. In making the ALS Paramedic Coordinator assignment selection, in addition to consideration of the criteria set forth in Section 8. the City may utilize a written examination, an oral interview panel, a Chief's interview. an assessment center, or any combination of these  methods.  Section 10. The City reserves the right to consider both internal and external applicants  inr making ALS Paramedic Coordinator assignment selections. ARTICLE 17 - RATES OF PAY  Section 2. Employees who are officially assigned the additional duties and responsibilities of Fire Inspector shall serve at the pleasure of the Fire Chief and shall receive $3.0005,000 annually prorated into each paycheck in addition to their regular rate of pay during the tenure of such assignment. Employees promoted tot the rank of Captain or Lieutenant after October 1,2024    will be required to hold a Fire Safety Inspector State Certification. Unit-emplyees-whe SueCeSEHNy-compleleine.courseandexaminatOnrequredteqwaH-nemorinee-conductelfire nspecHOn6-AGeFeSHPOPMBIOnOP9HaFFe-nSPeeNeclorSnatecewes00.CamPeal/-Prerated-nte each-paycheckin-adaHen--ReEregugErale-eEn9a8-ney-centnvele-perform-such  AspecloneuponreguesoHheFreChe: be compensated as shown in Appendix I.  Section 5. As an incentive for skill development training, bargaining unit employees will Section 6. Employees who are employed in the position of Paramedic shall serve at the pleasure of the Fire Chief and shall receive $6.000 annually prorated into each paycheck in addition to their regular rate of pay effective with obtaining credentials from Highlands County and  Highlands County Medical Director.  Section 7. The employee who is assigned as the ALS Paramedic Coordinator shall serve as Coordinator at the pleasure of the Fire Chief and shall receive $6,000 annually prorated into  each paycheck in addition to their regular rate of pay.  ARTICLE 18 - OTHER BENEFITS  The City agrees to provide the following additional benefits for the employees in the unit.  Section 1. Holiday Pay.  A. There shall be eleven (11) holidays recognized for members oft the bargaining unit. In addition to the personal day provided in paragraph B oft this Section, those holidays shall be:  New Year's Day Martin Luther King's Birthday Good-Friday Easter Sunday Memorial Day Independence Day Labor Day    Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day  Section 9. Paramedic Tuition Reimbursement  The Paramedic Tuition Reimbursement Program is offered to Unit Employees when Paramedic positions are unfilled and funds are budgeted by the City. Unit employees will be selected for  the program as follows:  a. The following criteria will be used to select individuals: (1). Educational and training background (2) Years of service as ai firefighter (3) Years of service with the City (4) Disciplinary history (5) Work performance  (6) Demonstrated initiative and motivation  (7) Particular skills, knowledge or other experience appropriate for the Paramedic b. Selected Unit Employees must agree to the Paramedic Tuition Reimbursement  position being filled  Agreement (Appendix III).    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1,2024  PRESENTER: Bishop/David Fox  AGENDA ITEM#: 10A-1"Public Hearing: Small Cities Community Development BACKGROUND: Purpose of Public Hearing: The City Council is considering the submittal of an application for a Small City Community Development Block Grant. The purpose oft this Public Hearing is to receive Citizen input regarding economic and  Block Grant (CDBG) Application  community development needs.  Bishop Bishop Fox Fox Fox Fox Bishop  I. II.  Sign in of persons in attendance..  Presentation of Community Development Block Grant Application Process and Four Program Categories (See Attachment A).. III. Public Input or comments on eligible projects/activities. V. Citizen Advisory Task Force CATF)recommendation.  IV. StatfRecommendation. VI. Close Public Hearing.  STAFF RECOMMENDATION: Authorize Staff to submit CDBG application for $750,000 for a neighborhood revitalization project as recommended by the CATF. REQUESTED MOTION: Approve Slaffrecommendation as presented.  COUNCIL ACTION: APPROVED DENIED TABLED TO:  Moved by:  Seconded by:  Carlisle Havery. Mendel Stewart Bishop  OTHER    AFFIDAVIT OF PUBLICATION  HIGHLANDS NEWS-SUN Published Daily  SEBRING, HIGHLANDS COUNTY,FLORIDA Case No. FIRST PUBLICI HIEARING NOTICE  STATE OFI FLORIDA, COUNTY OF HIGHLANDS  Before the undersigned authority, Janet Emerson, personally appeared who on oath says that she is the Classified. Advertising Legal Clerk of Highlands News-Sun,a newspaper published at Sebring inl Highlands County, Florida; that the attached copy or reprint oft the advertisement, to the right, being al Public Notice, was published ins said newspaper by print ini the issues of or by publication on the  newspaper's website, if authorized, on: SEPTEMBER 20, 2024  Affiant further says that the Highlands News-Sun newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.  SIGNED:  anklmnaen  Janet] Emerson  Sworn to and subscribed before me this 20th day of September, 2024 by Janet Emerson, who is personally known to me.  mcaky Nancy Y. Whirles, Notary expires: July26,2026  ey Service Sljarvisor  Notary Number: HH293555  w  NANCYY.WMRLEY NotaryPubllc Statec ofFlorida Comm# HH293555 Explres 7/26/2026    angplamdmesuncon WORLD NEWS  September 20, 2024] HIGHLANDS! NEWS-SUNJA13  Hezbollah fires new volley at Israel  BYKAREEMC CHEHAYEB they could launch a BEIRUT (AP) - Hez- lah, Lebanon's stron- bollah fireda a new bar- gest armed force. The rage into northern Is- Israeli government has rael on' Thursday, con- called ita war aimt to tinuing its drumbeat endt thel Iranian-backed of exchanges with the group's crossborder fire Israeli military asfears inc order toa allow tenso of ofa greater war rise thousands of Israelist to after hundreds ofe elec- return to homes near tronic devices explod- the border. edi in Lebanon, killing Speaking to Israeli atl least 32 people and troops on Wednesday, wounding more than Israeli Defense Minis- 3,000others. The device explo- "We are at thes startof sions appeared to be anew phase in thev war the culmination ofa : iti requires courage, monthslong opera- determination: and per- tion by Israel tot target severance." He made as many Hezbollah no mention of the ex- members as possi- ploding devices but ble all at once. Over praised the work ofIs- two days, pagers and rael's army and secu- walkie-talkies used by rity agencies, saying Hezbollah detonated, "the results are very wounding and even impressive." cripplings somef fighters, Gallant said that but alsor maiming civil- after months off fight- ians connected to the ing Hamas in Gaza, group's social branches "thec center of gravityis children. It was unclear how forces." thea attack fiti intov warn- Hezbollah said early  AssociatedPress  stepped-up militaryop- eration against Hezbol-  ter Yoav Gallant said,  and) killing atl leastt two shiftingt tot ther north! by Hezbollahf fighterss salutea ast theys standn Inexte tot thec coffinso offourv victims whow werek killedn Tuesdaya BILALMUESENAPPIOTO after their hand- ings by Israeli leaders Thursday it! had target- northern Israel, with- weapons it used. Israe- that theyt treated atl least on Wednesday asa) pre- in recent weeks that edn military positions in out specifying what 1i hospitals reported eight patients injuredi in cautionary measure,  diverting resources and heldpagerse exploded, duringt theirf funeraly processionint thes southems suburbo ofBeirut, Lebanon, Wednesday, Sept.  18,2024.  thea attacks.' Thei military Israeli officials said. saide early Thursday that Israel's army chief, Lt. ithad struck several mil- Gen. Herzi Halevi, said itant sites in southern plans have been drawn Lebanono overnight. up for additional ac- The volley of strikes tion against Hezbollah, thati wasasignal! itv would byHezbollah continuei its though the government media reported has not for Hamas amid) Israel's inLebanon. 11-month- old campaign Meanwhile, Lebanon in Gazai inr retaliationf for was still reeling from theF Palestinian militants' they unprecedented. mass Israel has responded Wednesday. strikes ins southern Leb- rattled anxiousI Lebanese anon, and has struck fearing full-scale war. senior figures from the Thel Lebanese Army said group in the capital] Bei- ithas been) locating and  FIRST PUBLICI HEARING NOTICE AVISO DEI PRIMERA AUDIENCIA PUBLICA ESTA DE SEBRING. htps/mysebring.om)  DISPONIBLE ENI ESPANOL ENI EL SITIO WEB DELA CIUDAD near saysi isas daily show fire, of whichit support launch yet decided ar major whether offensive to HANAKOINOEHI TIA1 THNI POTH AHMOLIA AKPOAEH Oct.7 7attacko onl Israel. bombingsofTuesday: and EINAI AIAOEEIMH. ETHN IZTOLEAIAATHEE EAAHNIKHE to Hezbollah's fire with The explosions have The Cityofs Sebring, Floridai is considering applyingt toF Florida Commercet fora FFY 2023 Small rut. Thee exchanges! have detonating suspicious Cities Community Development Block Grant (CDBG). If not funded under the initial 2023 non killed) andd hundreds dozens inl in Israel Leba- tion pagers devices, ando communica- while the cyclethisn noticea andp publichearingy willl beu usedf foras subsequent: 2024cycle.1 TheC Cityise eligible andf forcedt the evacuation country's civil aviation to applyf for upt to Seven Hundred Fiftyl Thousand Dollars ($750,000.00) int the neighborhood of tens of thousands of authorities banned pag- revitalization, commercial revitalization, andl housing rehabilitation categories and upt to one theborder. residents on each sidec of ersa alla andy airplanes walkie-talkies departing on milliont fivet hundredt thousando dollars ($1,500,000.00) int thee economic development category. Israel and Hezbollah from Beirut's interna- Construction: activities fundedt throught thec CDBGP program must meet one of thef following back have repeatedly from an all-out pulled tionala therr notice. airport until fur  NOAHE SEBRING. htos/Imysehinocom)  National Objectives:  war under heavy pres. The attack wasl likelyt to sure from the United severely disrupt Hezbol- countries. States, France ando other lah'si cationa internal asi its scrambles communi- to But in their recent determine safer meanst to warnings, Israelil leaders talk to each other. Hez- have saidt they ared deter- bollah announced the rusquodramaticaly today, but didn't specify Israeli began mov. ifthey werel killedi inthe ing more troops to its explosionsoro onthefront border with Lebanon lines. At least 15 dead since July, thousands of hectares scorched as LIMA, Peru (AP) in the last two weeks Wildfires left at least inl Peru) 15 dead have and peoplel more have! than been affect- 1,800 than. 3,000. hectares was. reported to have  1.Tob benefit lowa andi moderatei income persons; 2.To aidi int thep prevention ore elimination ofs slums or blight;or 3.Tor meet other community development needs ofre recent origin havinga a particular orv welfare oft thec community: and where otherf financial resources arer not availablet to The categories ofa activities forv which theset funds may! beu useda arei int thea areas ofh housing, neighborhoodi revitalization, commercial revitalization ore economic development: andinclude suchi improvement: activitiesa asa acquisition ofr realp property, loans top private-for-profit businesses, purchase of machinery and equipment, construction of infrastructure, rehabilitation of houses and commercial buildings and energy conservation, Additional information regardingt ther range ofa activities that may be undertaken will! bep provideda att the public hearing. Fore eacha activityt thati isp proposed, atl least 70% oft thet funds musth benefit low Inc developing ana applicationf fors submission1 toF Florida Commerce, the Cityo ofSebringr must the City of Sebringi is requiredt toc developap plan toa assist displaced persons. ApublicH hearingt tor receive citizen views concerningt the community's economic and Room,I locateda at 3685 SCommerce. Avenue, Sebring, Florida 33870 onl Tuesday, October  urgency because existingo conditions pose as serious andi immediatet threat tot thel health mined to changet thes sta- death off fivec combatants  meets such needs.  andi moderatei income persons.  plant tor minimized displacement ofp persons asaresulto ofp planned CDBG activities. Ina addition, wildfiress sweep Peru community development needs willb be helda at the City ofs Sebring's Cityl Hall Council Meeting since July and more ed. Thel livestock sector    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1, 2024  PRESENTER: Bishop/David Fox  AGENDA: ITEM#: 10B-F Fair Housing Workshop  BACKGROUND: The City of Sebring is a Fair Housing Advocate. The purpose of this workshop is to explain the Fair Housing Act and the City's Fair Housing  Ordinance. I.  Bishop Bishop Fox Fox Fox Fox Bishop  Sign in of persons in attendance. II. Pass out of Fair Housing Workshop Package.. Ordinance (Attachment A).. IV. Questions from Audience.. V. Questions from Mayor or Council. VI. Close Workshop.  III. Discussion of] Fair Housing Act and City of Sebring Local Fair Housing  REQUESTED MOTION: None required.  COUNCIL ACTION: APPROVED DENIED TABLED TO:  Moved by:.  Seconded by:  Carlisle Havery. Mendel Stewart Bishop  OTHER    AFFIDAVIT OF PUBLICATION  HIGHLANDS NEWS-SUN Published Daily  SEBRING, HIGHLANDS COUNTY, FLORIDA Case No. NOTICE OF FAIR HOUSING WORKSHOP  STATE OF FLORIDA, COUNTYOF) HIGHLANDS  Before the undersigned authority, Janet Emerson, personally appeared who on oath says that shei ist the Classified. Advertising! Legal Clerk ofH Highlands News-Sun, a newspaper published at Sebring inl Highlands County, Florida; that the attached copy or reprint of the advertisement, to the right, being a Public Notice, was published in said newspaper by printi int the issues ofor by publication on the  newspaper's website, ifauthorized, on: SEPTEMBER 20, 2024  Affiant further says that the Highlands News-Sun newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.  SIGNED:  Janet/Emerson  slmne  Sworn to and subscribed before me this 20th day of September, 2024 by Janet Emerson, who is personally known to me.  Danywhlg Notary expires: July y26,2026  Nancy Y. Whirley, Customer Service Supervisor, Notary Number: HH293555  NANCYY.WHIRLEY NotaryPubllc State ofFlorida Comm# HH293555 Expires 7/26/2026    112 HIGHLANDS! NEWS-SUNISeptember2 20,2 2024 ByTheA AssociatedP Press thet first circumnaviga- C Today is Friday, yearsl later.) Sept. 20, the 264th day In 1946, the first of 2024. There are 102 Cannes Film Festival, daysl lefti int they year. lasting 16d days, opened Todayi inl history inF France. On Sept. 20, 1973, int their so-called' "Bat- tleo oft the Sexes," tennis star Billie Jean King defeated Bobby Riggs in straight sets, 6-4, 6-3,6-3, int thel Houston Astrodome. Ont this date In 1519, Portuguese rolling at the Univer- explorer Ferdinand Ma- sity of Mississippi by gellan and his crew set Democratic Gov. RossR. out from Spain on five Barnett. lands. (Magellan was full-fledged U.S. tour by killed en route, but one performing in a char- of! his ships completed ity concert at thel Para- HIGHLAADSSNS KHOMFTOWN NEWSPAPERS Snd BREAKING NEWS!  anfplamdmenstuncon ing outa as much as 75% of power distribution lines and causing ani is- land-widel blackout. In 2019, Three Mile Island inl Pennsylvania, the 1979 site of the na- tion's worst commercial  Almanac  was christened by Brit- ain's Queen] ElizabethII inClydebank, Scotland. In 2011, the repeal of the U.S. military's 18-year-old "don't ask, don't tell" compromise took effect, allowing  tion oft the globe three  mount Theater in New gay and lesbian ser- Maria, the strongest nuclear power accident, vice members tos serve storm tohit Puerto Rico was shut down by its liner Queen Elizabeth2 In 2017, Hurricane struck thei island, wip- electricityfor 45years. OF FAIR HOUSING WORKSHOP ELAVISODELI TALLERI DE VIVIENDA. JUSTAESTA ENI ESPANOLENE ELSTOWEBDELACUDAD DES SEBRING htpse/mpebringcom) OFS SEBANGTMmmaN  York. In1 1967, the Cunard openly.  inr more than 80 years, owner after producing  NOTICE  In1 1962, James Mer- edith, al Black student, was blocked from en- DISPONIBLE!  ships tof finda a western In 1964, The Beatles HANAKOINDEHI EPFAETHPIOYI FAIRI HOUSEING EINAI  passage tot thes Spice Is- concluded their first AAOEZIMHZTAIETAIENANIKAZTHN  ETOEEAIAATHE CITY  The Cityo ofSebringi is afair housing advocate. The Cityi is holdingav workshopt to explain the Fair Housing Ordinancet for allo oft thep protected classes (race, color, familial status, handicap, nationald origin, religiona ands sex. The publici is invitedt toa attend. Thev workshopiss scheduledi for Tuesday, October 1,2024,at5 5:30p p.m, orass soont thereafteras possible, at the Cityofs Sebrings Cityl HallCouncil Meeting Room, locateda at 368SC Commerce Avenue, Sebring, Florida. Fori information concerningt the workshop contact Penny Robinson, Assistant City Administrator, City of Sebring at 368 S Commerce Avenue, Sebring, Florida 33870, byt telephone: at (863)4 471-5100 orbye-maila smsinsematimacm. Pursuantt tothep provisions oft the Americans with! Disabilities Act, anyp personrequiring: special accommodations to participate int this workshop is askedt to advise the agency at least 48 hours-beforet thev workshop! by contacting Kathy! Haley, CityClerk, Gity of Sebringat 863)471-5100 or bye e-maila "babwisyemrsbrinson. Haleya at( m63415100rbyemal: atk lathhulisamyehamg.on: atleastfi fivec calendare days priort tot ther meetinga anda languagei interpreter willl bep provided. lfyoua are! hearing ors speech impaired, please contact thea agencyusingt the Floridal Relay Service, 1800955677/DD)or  DO YOU HAVE Emal YorNews TipsTo: Anynon-English: speaking person wishingt to attendt thep publici hearings shouldo contact! Kathy  THENEXT BIG STORY HIGHLANDS My GRNEWSTIP NEWS-SUN  Yan TDN sNS SNrl  18009558770/Voice).  TOSHARE? newstipsenewssun.com, AFairk Housing/Equal Opportuniy/lHandiap: Accessible. Jurisdiction.  $2245900:00  OPEN HOUSE Sunday, September 22nd 4616 Granada Blvd Sebring, FL33872 1:00pm-3:00pm  mvny  Half-Duplex in Sun N Lake of Sebring with Private Backyard    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1, 2024  PRESENTER: Boggus  AGENDA ITEM#: 10C-EPA/FDEP Mandated Requirements for Lead and Copper Reporting/  Removal  BACKGROUND: On August 4, 2022, the Environmental Protection Agency (EPA) released guidance for developing and maintaining a service line inventory to identify water service lines that may contain lead and copper. The use of lead in Public Water Systems (PWS) and plumbing fixtures was banned in 1986. The objective of the EPA's Lead and Copper Program is to ultimately reduce exposure to lead Under the EPA guidelines, Staff will need to identify all water service connections that occurred prior to 1987 and must survey each connection to verify if a lead or galvanized service connection exists on either the City side or customer side of the meter. Secondly, the City must provide to customers who may have the presences of lead or galvanized service line on their side of the meter a notice which provides educational information on steps the City is taking to reduce lead exposure and to encourage our customers to replace fixtures or a supply line that may contain lead. Our goal is to have all of the The Utilities Department will submit the first inventory report to FDEP no later than October 16, 2024. Additionally, we will be mailing an informational brochure that contains the required information on Lead and Copper to customers who meet the guidelines outlined by the EPA. Approximately 15,000 of our water customers will receive this brochure. Staffreceived thel low quote for printing and mailing services from Goldstreet Design Agency, Inc. in the amount of $7,759.16. There are sufficient funds in the  in drinking water.  identified service connections completely lead free in 10 years.  2024/2025 budget to cover this expense.  Attachment A - "Reducing Lead in your Drinking Water" brochure Attachment B - Quotes received for printing and mailing services REQUESTED MOTION: None requested. For Information Only.  COUNCILI ACTION:  APPROVED Moved by: DENIED TABLED TO: OTHER  Seconded by: Mendel Stewart.  Carlisle  Havery,  Bishop_    Attachment-A    Health Effects ofl Lead Lead cand cause serious! health problems ift too much entersy your body from drinkingv water ord others sources. It can cause damage tot the brain and! kidneys. and cank Interfere with the production ofr red bloodo cells that carry oxygen toa all parts ofy your body. The greatest risk of leade exposure ist tol Infants.) young children, andp pregnant women. Scientists have Unked thee effects ofl lead ont thet brain with lowered IQino children. Adults with kidney problems and high bloodp pressure can bea affectedt byl low levels ofl lead more than! healthy adults. Lead iss storedb int thel bones. andi ito can! ber released lateri inl life. Duringr pregnancy. the child receives lead from ther mother's! bones, which may affect brain development. Sources ofLead Leadisa ac commonmetal foundh Inthe environment wateri onep Drinkingy is possible source oflead exposure. Ther mains sources of lead exposure arel lead-based painta and lead- contaminated dust ors soiL ands some plumbing materials. Ina addition. lead cant bef foundin certain types ofp poltery. pewter. brass fixtures, food, ando cosmetics. Others sourcesi include exposureir int they workplacet fromo certain! hobbles (leado cank bec carriedo ond clothingo ors shoes). Leadisf foundi ins some toys. somep playground equipment, ands some children's metalj jewelry. Brass faucets, fittings. and valves, including those advertised: as" lead-free", may contribute lead to drinking water. Thel law currently establishes the definition for "lead-free" ast the weighted average of 0.25% lead calculated across the wetted surfaces ofap pipe. pipe fiting. plumbing fiting. and fixture and 02% lead fors solder andf flux, NSFI International certifes plumbing products; consumers may wisht tov visitt theiry website at www.nsforg or call 800-NSF-MARKI fori information when choosing plumbing.  Reducing Lead in your Drinking Water  EBRING chy oW THE CIRCIE    In Jaruay 2024, the Cily oi Sebring. mn accoidances with Guidancer for Developing andManng Servicel Line Inventory released bythe EPA on. August4 2022. will support water systens ind developng ci manianing as Seivicel Ue invento:y Thsgudice. ais lo assist water systens. teir lloitstocieate wekoresnd provicie Sihtcswitht RaeaymtomNteN or oversight andrepotingt tol the EPA, h contais esentAIhniomNOus tolel pwater systeins complyviththet LeadandCopper Rulel ResoMcreARuroNeaNE topiepueand mntannd ani mveniory ofs Servicel liner materials by October 16. 2024 We beganc cong a surveys of the SCrv viceline comnections in our Systen. Any nouset bulli before thel leadii ban of 1986 may havel lead or lead fstures The pupose oi this survey istoi iclentify the materate of servicel lines on the systens side andthe custone: side of the meter Gong forvard ouE objective st toi remove all lead fiomthe distbution System. We encouroges oll customerstofind out whatt thein seivice lines and! ptumiing aemacel fiom and upcatet thon ifn possible. ospecially ifiti leaci 0: Sivazedsteet: tat wosmstalledt belore the ndi bin 1 1980 To cate. wel have Suveyed appromately 500ofom 19.500 connections Our goal s lo! have atlo our customers with! buitdings buili prio: to 1987 Suveyed and led-fice with the nest 10 years. As of: now your lendstatusis unknown Ify you! have any questions. please callt the City of Scbring Water Department at (863)-471-5113.  Steps to Reduce Your Exposure to Lead in Drinking Water  Runy your watert tof flush out lead. Ifwater! hasn't been usedin severalhours. runy water for1 15- 30s seçonds lori inserta a different Aushing time ify yours system! has representative data indicating ac different Aushingt timev would betterr reducel leade exposurei in your community or facilitya and ifthel Department: approves the wording) oru untilitb becomes cold orr reachesa a steadyt temperature before usingit ford drinkingo or cooking. This Aushes lead- containing water from the pipes. Use cold water for cooking and preparing babyf formula. Dor not cook with ord drink water from thel hot water tap. lead dissolves more easilyi intol hotv water. Don not usey waterf fromt thel hoty water tap tomake! baby formula. Look fora alternative: sources or treatment ofv water. Your may want toc consider purchasing awater flter orb bottled water. Read the package tob bes suret the filter is approvedt tor reduce lead or contact NSF International: at 800-NSF-MARK or www.nsf.org fori information onp performance standards forv water filters." To helpr maximize waterc quality. be sure tor maintaina andr replace af flter deviceit ina accordance with ther manufacturer's recommendations.  Testy your water forl lead. lfyou think) your mayh have elevated leadl levels iny your home drinkingw water, haveitt tested. Call the Safel Drinking Water Hotlinea at8 800- 426-4791f for morei information. Gety your child's blood tested. Ifyou are concemed: about exposure tol lead, contact yourl local! health department or healtho care provider tof find out how you cang get) your child tested. Do not! boily water to remove thel lead. Boilingy water will not reduce lead. Identifya and replace plumbing fixtures contalning! lead. Brass faucets fittings and valves, including those advertised: as" lead-free", may contributet tol leadin your drinkingv water." Thel law currentlye establishes the definition for" lead-free". ast the weighted average of 0.25% lead calculated across thev wetted surfaces ofap pipe. pipe fitting. plumbing ftting. and fixture and 0.2% leadf fors soldera and Rlux. Visit thel NSFI International website at www.nsforg! tol learn more aboutl lead-containing plumbing fixtures.    Attachment - -B    PROPOSAL  goldstreet creative + social marketing  Proposal Created Date 9/11/2024 Quole! Number 00005617 Prepared For Account Name Sebring, City of Pricing" Line ltem Description  Prepared By Email  Lindsny Nelson indsay@goldstreeldesigns.com  Contact Name Mark Krelz  Tolal Price $1,478.00  Lead & Copper Brochure Printing & Mailing. 8.5x11 Trifold; Use cliento content to createt trifold brochure Production: $1478- -80LB  Book, Gloss UV (Water Resistant); QTY: 15000  Total  Tolal Price Shippinge and Handing Grand Total  $1,478.00 $241,16 $1.719.16  Estimated Mailing/Postage  Base on mailing quanlily of 15000  1719.16 6040.00 7759.16  $4690 by Zip Code. $6040 using Clienl List. - https gokistreeldesigns. com/w9 elt  OR  W9&EFTForms  *Pricing Details  Development Cosls; unless olherwise mentioned in! the Line llem Descriplion deveopment cosls are fore crealing a design/layout that integrales client provided conten!, logos, pholos, graphs, illustrations, elc., three rounds ofo developmen! (1. initial layoul 2 final changes 3. Prep file for Setup Costs, aref fori using Goldstreet Design Agency, Inc's previously designed malerials ando does NOT ichide any customization. Usage Rights Granled; are fort the printed quantilty and usei iny your geographical: service area. See 6.5 Rights Granled for more details. Production costs are guaranteed for 7days from the date of the proposal to the time of the print order being. placed. (not proposal acceptance), Due top prinl price volatilily, we cannot guaranlee pricing for more than 7 days prior lop placing they printe order. Example: 1/1 proposali is accepted and on 1/7 the design approved forp prinling then the pricing woul bet honored. Ifc design is approved lo prinl aller 1/8 and  print), anda a friendly projectr manager focused ond desigi/prinl coordination and ensuring al fast lournaround. Production Costs. arer related to the costs associated with printing andlor promolional items,  Customizalion costs arei includedi in the development costs.  print pricing went up, theny youy would bes subject lot the: addilional costs,  Contract Terms and Conditions 1.Time for Payment MAMACQGIRKEIOERNACON  866.742.8287/P.0. BOX 1972BEND, OR97709    PROPOSAL  goldstreet creative + social marketing  Payment Schedule: Monthly. for thes services performed during that month, with payment due within 30 days oft the invoice date. Postaye expense must bep paid prior tor mailing. Sales tax (if applicable)! is additional.. A1 11 1/2% monthly service chargei is payable onE allo overdue  balances. The grant ofe any license orr right ofc copyright is conditioned on receipt off fullp payment. The Client shall assume responsibility for all collection ofl legalf fees necessitated by defaulti inp payment.  2.0 Defaulti inf Payment 3. Expenses of$ $50 per round ofr revisions: taxes due ont this assignment. 4.C Chanyes 5.Cancellalion 6. Ownership of Artwork  Estimated expenses are for budgetary purposes and madei ing goodf faith. Revisions beyond quoted willl be billed hourlyy with a minimum charge The Clients shall reimburse the! Designer for alle expenses plus 30% markup arising from this assignment, including the payment ofa any sales The Clien! shalll be responsible for making additional paymenis for requesled by the Client beyond the original assignment, However, no additional payment shall ber made for changes requiredt to conform to1 Ihe original assignment descriplion. The Client shall offer Ihe Designer Int the event of cancellation ofl this assignment, ownership ofa all copyrighis and the original arlwork shall he relained by the Designer, anda cancellation fee for work completed, based ont the contract price ande expenses already incurred, shallt be paid by the Client. The Designer relains ownership ofa allo originals and copies of the: arlwork, whether preliminary orf final, and Ihe Clien! shall returns such arlwork, including digital media, and shall permanently delete all digital copies thereol, wilhin 30 days of use. Designer Creative Content: For thep purposes of this Agreement, (Designer Crealive Conten!) shall mean alle creative content developed by Designer, or commissioned by! Designer exclusively for the Project, andi incorporated in the Deliverables, including wilhout limilation ally visual elements, graphic design, illuslration, photography, animalion, sounds, lypographict treatments and text, and allr modilicalions to Clien! Content Third Party Content Third party conten! thali isi incorporated into the Deliverables, including without limitation lo words, pictures, illustralions, symbols, logos. slandardized applicalion tools, web authoring! lools. other software. trade secrels, patents, copyrights, and other rightsi in The Client warrants and represents thal, to the best of his/her! knowledge, any Client provided Third Party Content". hereunder is original and has nol been previously published, ort thato consen! lo use hasl been oblained fori incorporation into the Deliverables. Clienl shall have sole responsibility fore ensuring! thal content not infringe! ther rights of third parties, and Client shall indemnify, save, and! hold harmless Designor from any and all damages, liabilities, cosls, losses, or expenses: arising out ofe any claim, demand, or aclion by a third parly alleging copyrightor trademark infringement, ore arising out of Client's failure to obtain trademark clearance or permissions, for use of copyrighled materialor Any grant ofr rightsi is conditional uponr receipto off full payment. Any usage rights not exclusively granled are reserved lo the Designer. Deliverable(s) may be used only for the purposes slateda above. Allother use(s)i is (are) prohibited. Deliverable(s) may nol be copied without the Designer's permission exceple as required fort the Uses sel forth above. Usage beyond that granled to the Client herein shall require paymen! ofan mulually agreed- upon: additional fee subjecl lo Allt terms. The rights herein granled are personal tol lhe Chent ands shall noll be translerred or assigned. in whole ori inp part, wilhout the prior written consent of Goldstreet Design Agency. Inc. Designer shall deliver digilal files necessary loe enable Clienl's usager rights granted herein. Designer relains the rights! to display ally work created by Designer for this projecl, including preliminary designs and linall Deliverables. in Designer's portlolios, includingi inp print and onlne, and tos submits such work lo design periodicals ando competitions, provided thal no confidentiali information is revealed thereby. Chent hereby grants to Designer ar nonexclusive, nontransferable licenset tou use, reproduce, modily, display, and publish the Client Content solely in  the firsto opportunity to make any changes.  developed by Designer.  connection therewith (collectively. "Third Party Content)s shall be owned by! the respeclive third parlies.  trademarks. 6.5 Righis Granted  connection with Designer's performance oft the Services. 7. Creditl ines Copyright Notice & Authorship Credit proximity tot the work.i i.e." 0( (year) Goldstreet Designs."  All" "Designer Creative Content" reused outside off finished art provided by designer, in whole ori in part, must show ac copynght noticei inc close The Designer and any other creators shall receive a credit line with any editorial usage. One every page oft thep publication inv which GSDA work appears, the following credil must be placed ('year" relers tot the copyright year oft the GSDA materialy you wish to publsh): Olyear) Goldstree! Design Agency, Inc. Usedy wilh permission. Ina allr esourceshibiography, listings, full cilalion of Ihe activily lille, book litle, publicalion date, and page numbers must appoar. Ont thes sponsorslconimbulors) page and ina any websilel lislings, the followingi information must appear:  7.5 Fditorials  WWW.GOLDSTREEIDESKGNS.COM  866. 742.8287/P.0. BOX 1972BEND, OR97709    PROPOSAL  goldstreet creative + social marketing Goldstreet Design Agency, Inc 1-866- 742-8287 (toll free) mooplainessonacon mmagnhsimsbassmsgm 8. Releases 9. Modifications 10. Allerations  Int the acknowledgments. please thank Goldstreet Design Agency, Inc fore content contributions. was requested In writing or for uses thate exceed authority granted bye a release.  The Clients shall indemnily the Designer against allo claims and expenses, including reasonable attorney's fees, due tou uses forv which no release Modifiçation oft the Agreement must be written, exceptt that the invoice may include, and Ihe Client shall pay, fees or expenses that were orally Any electronic alleration ofa artwork org graphic design comprising the Designer's work products (colors shift, mirroring. flopping. combinalion cul andp paste, delelion)i is prohibited without the express permission ofl Ihe Designer. Thel Designer will be givon! firsl opporlunily lor make any The! Designer warranls and represents Ihat, tol thet best ofl his/her knowledye, the work assigned hereunder is originala andl has not been previously published, or that consent lou use! has been oblained consisten! with the rights granted to Clien! herein; thal ally work orp portions thereofo oblained throught the undersigned from third parlies is originald or, if previously published, thal thec consen! tou usel has been oblained consislent with the rights granted lo Clien! herein, lhat thel Designer has full aulhority lo make Ihis agreement, and that! thev work prepared by the Designer does not contain any scandalous, libelous, or unlawful malter. This warranly does note extend to any uses thal the Client or olhers may make oft the Designer's product thal mayi infringe on! ther rights ofc olhers. Clien! expressly agrees Ihali it willl hokd thel Designer harmlcss for allli liability caused by the Clienl's use oft the Designer's product lot the extent such use infringes ont the righis ofc others. Clienl agreest thati its shall not hold thel Designer or his/her agents or empkoyoes liable for any incidental or consequential damages that arise from thel Designer's failure lop perform any aspect of the Projecti ina at timely manner, regardless ofv whether sum! failure was caused by intentional or negligent acts ord omissions oft thel Designer or al third parly. Furthermore, the Designer disclaims alli implied warranties, including the warranly ofr merchanlability and filness fora a parlicular purpose. Chent shall be responsible fora all compliance with laws or yovernment rules Tot the extent the Deliverables include any word, symbol, logo. or olher content used to designale Client ast the source of goods ors services ("Trademarks"). Client shalll have sole responsibility for ensuring that Trademarks dor noli infringe the righis of third parties. and Client shall indemnify, save, and hold harmless Designer from any and all damages, liabililies, costs, losses, or expenses arising out ol any claim. demand, or action by al Ihird party alleging trademark infringement, or arising out of Client's failuret toc oblain trademark clearance or The maximum! liability of Designer lo Client for damages for any and: all causes whalsoever. and Client's maximum remedy, regardless oft the form of action, shalll be limited to an amount equalt tol the tolal fees paid! by Client to Designer hereunder. Inr no event shalll Designer bel liablo fora any indirecl, incidental, special, consequenlial, exemplary, or punitive damagos arising oul of or related to the Services, even if Designer Any dispules ine excess ofs $5,000 arising out oft this Agreement shalll bes submilled tor medialion. If medialion IS nots successluli in resolving the dispute, the parties may by mutualconsent: submit the dispute tot binding arbitralion. The arbitrator's awards shall be final, and judgment may be enteredi ina any court havingi jurisdiction thereol. The Clients shall pay alla arbitration and court cosis. reasonable allomey's fees, and legal  authorizedi inc order top progress promplly with the work.  allerations required. Unauthorized allerations shall constitule addilional use andy will be billeda accordingly.  12. Warranly of Originality  13. Limitalion ofl Liabilily  orr regulations applicable to Client's final product(s).  permissions, fori use ofl Trademarks.  has been advised oft the possibility of sum damages.  14. Dispute Resolution  interesl ona any award ofj judgmenti in favor of Designer.  WWW.GOLDSTREETDESIGNS.COM  867428287/P0.DOX1972UCND,0#9702    9/5/24, 7:56AM  UPrintingl CheckoutiShopping Cart  Shopping Cart  Brochures  $2,268.00  Size (before folding): 8.5"x11" PaperType: 100lb. Paper Gloss Folding: Tri-Fold/Letter Fold Printed Side: Outside and Inside Bundling: None Tabbing: 2tabs (required for mailing) Quantity: 15,000 Printing Time: 3Business Days a Duplicate this itemt tomultiply your impact  Outside  Inside  Mailing Services Mailing Service Fee: Postage:  $7,510.00 $790.00 $6,720.00  Standard Letter (15000 @ $0.4480) Mailing Quantity: 15000 Drop Date: 09-11-2024  Duplicatel Removal: Dor not remove duplicate. NCOA Certification: Add' "Or Current Occupant".  Live Chat  Subtotal: $9,778.00  ycdoaipmnysmean  1/1    9/5/24, 8:34AM  48HourPrint.c .com! Brochures, Business Cards, Postcards & More  48HrPrint ntps/hmathouphnt.com,  Cart MyAccount (/cart) Q  Searchf for Products, Pages orl Templates  Estimated Order Total: $10,119.12 CHECKOUT NOW Secure Transaction  MyE Brochures with Mailings Services  $10,119.12  Pending Artwork  G Uploada aFile (upload/24746197)  + Duplicate Modify Mailing Options Remove Mallings Services Product: Folding: Flats Size/Folded: Size: Quantity: Paper Stock: Coating: Printed Side: Maling! List Type: Envelopes: Printing Turnaround: Malings Services Mailing Quantity: Malling ServiceFee: Postage: NCOAC Certification: Duplicate Remova!: Drop! Date:  Remove  Brochures with! Mallings Services Tril-Fold/Letterfold 11"x8.5" (oldsto398'x85 15,000 1001 Ib. Paper Gloss Both Sides Full Color, Outside and! Inside Submit Domesticl List NoE Envelopes 7Business Days 15000  $6,895.00 $445.00 $6,450.00 $0.00  Standard Letter (15000 @s $0.4300) Add" "Or Current Occupant". Dor notr remove duplicate. 09-17-2024  Estimated Order Total:  https./store.48hourprint.com/cart  1/3    SoloPrinting, LLC 7860 NW 66th Street Miami, FL 33166-2708 Fax: (305) 599-5245 tpl/soloprinting.com  Quotation 115895  .  $0L0 IRIRIIIG. LLE Phone: (305) 594-8699  To: City ofs Sebring ZZZZZZ Dear City of Sebring  Date Estimator  9/5/24 Elizabeth Suarez  Salesperson Zachary Gomez  Solo Printing. LC/"Sob)wouls lket lot thank yout fory yourt time ando considerationi in regards tot this Proposal. Below aret thes specifications and prices fort thep proposed quotedj job. This Proposalls CONFIDENTIAL andi isi intended fory your sole use ande Bcceptance. This Proposalis nol assignable, andi ifnol acceptedy within20 calendare dayst from date above, ishall bes subject toc change lfaccepted below by Customer, thisF Proposal shallo constilute ab binding Agreement subjectt tot thet terms ando conditions herein (including! the Additional  Terms and Conditions ont thel followina Dages). This Prooosalisn notv validi Hnots sianed! bvas Solo Representative.  X  Solo Printing Representative  Description Trifold Brochure  Size Paper Ink Prepress Shipping Terms Prices Sincerely,  25.5x11Flat 80.0b Gloss Text Files XMF |Remote Proofs FOB: Local Miami PO 50%Dep/50% COD Quantity 15,000  4/4 Process + Overall gloss UV2 2Sides (Knock Out Mail Square Mail Panel for Mailing)  Finishing Trim, and Trifold to 8.5x11. DP, NCOA1N Mail File, Inkjet & Mail.  Prices $5,697.64  Postage Estimate Based off Basic Carrier Route: $.43-$.50  Upon acceptance please indicate the quantity required Terms and Condilions: Taxes are nolii includedi in! thes above quotedp price. Untess apecifically indical avadablet funds. Fullp paymen! shallbe ac conditionc old delivery. AIIF Productss shall bep processeda and olherwise. As securityf forp payments ofa anys sums duec ort tob become due Solo undert thet terms oft means being unpaid past the payment terms of this ProposalAgreement. Asu used herein," quoled above. "Products" shallr meane any materials orp products providedby Soloi inc connectiony wil "Agreemen!" shalln mean this Proposal once Ais accepted by Customer. Reference in this I employees, agents, members, officers managers, representatives, successors anda assigns.1 This1 pages ofthis Proposal, whicht terms ando conditions are herebyi incorporated! byr reference. IHEREBY ACCEPT THIS PROPOSAL AND AGREE1 TOA ALLI IS1 TERMS AND CONDITIONS (ON InE  mers shallp pay Soloin U.S. j88, unless specifically staled lton retainp possession of(and 1.5% per month. Past due ngandior finishings services materials orp products. Ib include all of their respective nd Conditions ont thef following  Dollars at Solo's placec olb business, 50% uponi inceptiono ofc orders andt ther remaining! 50% priort tode 15,00001.43 jireore otheri immediately  Customer to Soloa as hereby granis  6,450 'si974y #/3,147.64  securityh interesti in)e allp property ofC Customer in Solo's possessh  Accepted By:  Sign:  Date:  Page 1of2    InsmasaahnCoas SandariColom. Quoled Prices mayb bek  Solo's cost ofink or papers stock Increases morel thent thveey pervent (3%). Puper stock furished by Customer shalbep properly wrapped, of  proper size end quelly, endn mechenicaly sultabl forprinting requtrements. Customer agroes topay enya edditionet costs Incured by Solod dua toc delays or Impaired production because efimproperp peckingor packuging. paperc qually. or mechanicals sultabilly, and fore expenses ando charges incurredi int thon returno ofc cores lo mil, Inclding' frolghtp plush handing. Solo's standard ink cobrs wib be used, unless otherwise Undamns. Codlt. Overuns or underuns that dor nole exoeed one thousand (1,000) ort twop percent (2%) oft the amount ordered, whichever le greater, ehalo constlute ans acceplable dellvery, andu the excesso ord deficiency shalbec chargedo or credited tol the Customer accordingly. Any credis Isuedtoo Customer foranyn reason mayo only beu useda againstt thend currento or hture bilinge ands shalbev valid foraperiode of Production: Martions, Proolso once accepled endiore epproved by the Customer shallbe fnalo oncet thep productioncyci commences. Productionc cycie begins ont thed date olprool approval. Soby wilendeavor tobe reesonably precise, buld the fnele examination for socuracy shallb be Curtomers sole responsibily. Customer agrees to careluly examine alp prools for accuracy of information andk imagery, as welle es spellng. punctuation, numbers, graphis, cobrs, andg general layout. Fhurtherr revisions are required sltera approval has beenn recelved by Solo, Customer agrees top paya anya additional charges Incured by Solo, Including without! limitallon, equtpment satupt tme andd down tme. Sololsnote obligated bbacceplo orders, changes or epprovabs verbally.A Alorders, changes ora approvals mustb bel Inwifting. Customer alerations or changes inckide anyl Instructionso or changes providedtos Sob afern thec original speclications orh Instructions. Alal alerationso ord changes made efert the Arstp proofora anya aterations ord changes to) 'printr ready" fles wilbeb bled Imnspodation: Malliu Prices quoted in his Proposal are F.0.B. Solo's Dock. Transfer of risk ol loss wis pass to Cuslomer tpon Products leaving Solo's Dock. AId delvery sites of Customer must have a truck- loveld dock wtha an approxtmatel heighto of48" whadockp plale ("Acceptable Delivery Dock). Delvery diversd donotu unbad, drives fortsorp pushp pallet) jacksy wtht basic dock- to-dock shipping. Theren mustbea lorkin present at bhed destination whp personnelto unpadt thet truck so thate al the drivern need dok is back thet truck Ine endo open the door. Anys shipping charyes noln mentioned In INSP Proposals shal be Customer's responsibiny. Int thee event thets 8ob undertakes to delver to a local destination (Local Delivery"). such delvery wit be to Customer's local location having an Acceptable Delvery Dock. Solo diivers of Local Delvery win notbe required to unlad, drive forkifs or push palet jacks. Any carter (regardless " arranged and/or pald for by Solo for Customer) shal be Customer's agent. Solo shal not be responsible for damage or osses intranslt ord delays, stikes. ebc. ofany canier. ABo claims arlsing tromt transi must be dled byt the Customer against tha carrier. Customer agrees lo indemnily andh holis Sob harmless from end againsto alictalma andi flobliities arisingo outo ofthat falure ofa anyo ofCustomersl Insertorn malingn matertals to conformto anyr rules orr regulalions ofanyo canier inconnectiony with ske, martinge, labeling. Insertso orany other matter, including wthout Emitation, any! bss ofr rate/loe discounts charged to Solo byn reason ofs such non-confomity. Prior lot thed datoo on which Products aro loben mailed or shippod, tho Customer must deposiv wiho carrier ors Sob, suflicienth lundab too covera allpostage ors shippinge costs, Solod doesn nolguaranine malings schndule. Term" canier shali incluto thep postniserviro, ora anys common carior, lnasode caninr or Chaime. bna any eventy wher Customerr mayb ber requirod lor maka reasonable edjustments toi its advortisers asan msuR ofchnims relating! to deficioncios witht thoF Products or Sorvicos duo tot thes soln laulo o! Soln. Customerv wilsubmitb los Soloy writtenp proofofclim fora adjustment. Solos shall reimburse Customero onlyt tou thee extenlo ofthen mechanicalo coss andp paper costs involvedine mproducing thoa advertisnments associaled wihu the daim, Absenig gross negligence arwiimisconduet. Solo shalln notben responsiblot for anyo othere oosts ord damages, incklingw without Eimilalion, Insso are damagou to Custnmor's proporlyin Soln'sp possassion (other! thanf finishedP Products). sucha as manuscripts, art, lim, phles, engrawings. paper, equipment, etc.. for anyn reason, inchding acts ofn negligence of Solo, Upon receipto ofthoP Products. Customer shalli inapect olprinl orp printed images. Failure ofd Customer tor notily Sobi in writing viai laxore emal ofa anyd deficiency or probinms within five (5) business days lnomr receipl afsuch Products shellb be conclusivo prool! thal the Intringemenl. ate. Customer raprasents andv warrenis thet no arlwork, laxt, tmage, content, infnmation, Figure or matarial (onlectively, "Conten!) fumished by Customer to 8ob for the purposa oi printng or contenlorn material thatis iso ofensive, defematory, pomographic, obscene. unlewfud, doceptive or fake, scandalous, or which invades anyp person's righi to privecyo or olher personelrights, or vioibtes anys apphcable Indemolly. Customer agrees lop prolsct, delende andh indemnity Solo and holdn harmless troma any! bss or chimo or demage erisingo oulo ofeny eclo oro omission on thep perto of Customer, inchding wilhoul Imitalion, Customers (e)b breach ofd this Agreemoni or any agrsomenty wiha thirdp perty, (b) violation of eny forsign or domestic lew, (c)o commission ofatort, including an acto ofn negligence, (d) distribution, dissemination, misuse. orhendlings ofany Producior Servioep providedbys Solob boCustomerc ar Custome's cliontina anyh fraudulento or deceptive menner orinviolationo ofe enyo consumer righiso orl bws, andor( (e)d dollvery or provding Sioraon Charoas. Whilet in Sobb's possession, Customer shall pays Solo theo costo ofs storing andn meintalning printed materials ends supples nots scheduled for use or delvery. including completed Products withno currentd distribution endor shippingk instructions, printeds signaturest tobet heldfor luture bindings. any Customer supplledir inserts, endp polybegn materisls, certons. end/orc otherf finishing supplest tobev warehousedby Iaxes. Customer bsr responsibl lors enyt taxes (Includings sales or adv valorem taxes) thatn maybed dued ont thef Products or Servloeso ofSoloa asp price ont front page doesn noll Includes anyt taxes. Fexempt froms selesb tax, Rofav Customer shelb bed deemedh Indefaulu upont thec occurence ofanyo onec orn morec ofthe folowinge events ("Events)ofD Detaur): ()Hanyp paymento ofany sumd due tos Sobk lsn notpald promply whend due, with orv withoutr notice; (2)lap petitonk laf fled byors againato Customer seekingor eoqulescing! hanyn reorganization, Iquidation, dissolutiono or simiarn rellofu under any lawer relatingt tobankruptcy or Insolency. or (3)Hany Indormation, werranlyo or representationt InthisA Agreements shallp proves tobel incorreciort felse. Upons an EventofDelaul, Sob, atitso option, mays declares allu unpaid moniesi immediately duea andp payable. Solos shafbe entledton recover from the Customer reasonable ettomeys foes and costs bn any awsult or proceeding against Customer for the collection of monies due under this Agreement or lork Indemnily under this Agreement. Otherwise, eachp partys shatb beart theiro ownr respective attomey's fees ando costs. Notwthstanding anyo credite approved for Customer, Solor may discontinue anys Servioes orP Products beingp processedfor Customer under this Agreement upon anE Evente ofD Defaul or Hanye event oocurs which, tn Solb's opinion, may meterlaly affect Customer's crediworthiness or abity top payu under this/ Agreement unto Customer provides adequate assurances ofitsa ablily topay acceptablet to Solo, orp prepays fort thes Servicesc or Products Inprooessors scheduded. Customerr representst thatthere aren noa actions or proceedingsn nowp pendingin anys Stateor Federal Court tov which the Customer bsparty Including. proceedingsh Inb bankruptcyo ori Insolvency. noraret therea any) judgments or lenso olanyn nature againsto Customer. Aatadkt tion Venua. Ary IdalWatvar. Customerh hereby acknowledgest that thass suflicient ands subslanllal (andn notis isolated) contacts witha andinthe Statec ofFlorida, As such, Cuslomer agroes ands submits lisell tothe) jurisdiction of Florida courts, ande agrees tha! Miami shallbet the exchisive venue tora anyd disputeb betweent thep parties or relaling to! hsA Agreementv whicha shallbe govemed byF Fioridal low. Thep parties! hereby knowingly. voluntarily andi Intentionaly waive the righte either may! have toal tialt by jury in respect to any Rtigation arising ouk of, under orino connection witht thisP ProposavAgreemant, or anyo course of conduct, Dalaya. 8olo wie employ reasonable elforts bo perfor undert thisA Agreement promptly according boar reasonable production schedule, whichs shalb ben mutually agreed uponir inv wrtting, bur reservest ther righte tohalt printing activiles duotos salelyo concems or maintenance olprintihgs equtpment asitdeems bestorn necessary. Delayh inf lumishing Solo with allora anyo content, materiab ora approvebr necessary forp produclionn may resullina ane extension olthes scheduled delvery date or additionalo charges for costo of accelerated production atn regular overtimer rates. Moreover, shouldt there be a delay due tot the paper mlr not being able lo delivero ons schedule, orforc other reasons beyond the controlofs 8olo, anewp productions schedule wilbes agreedu upon. Thep pricing structure Ist basedu upon complance wiht thiss schedule. Molwithstanding anythingto thec contrary, Solos shal notb be Bable for fallure lod dalver any Producto orp perform anys Service nors shall anye credita allowance or other remedyt be extended, for any fallure of performance or breach due to causes beyond then reasonablee enticipation and'oro controlols Solo (includinga actso ofGod, Ares, loods, explosions, riots, wars, huricane, sabotaget terrorism, vandallam, accident. restrainte ofgovemment govemmental: acts. energy interuptions, injunctions, labors strikos, oquipment ors soflware mallunction, dolays caused by Customer, embergo. or anyd dolay or breach ofcontract by camers. supplions or othere contractors with whom Soloh hasc contractad fort thef fumishingo ofbbor, materials, supplies, onergyo ort tranaportation). Tabl loandriske aflosso olProducts providod by Solos shalp passt to Cuslomer uponk Inaving Sobb's Dock. Mablitvos Solo Limitod, Customor understands that thep potontial lablily to Solois grossly disproportionele to Sobo's monelary romunoralion duet to the sizo, scope. and vale ale this Agreemont. Thomlore. Cuslomer agrees hals Solo shalin nolb be lablo lo Customer fora anyir incidental, indirecl, specialo or consequontial demages, inckudingv withoul! limitalion, Insls sales, los!p prolits, advanlage. savingeo or rovenuos olany kindori increasedo coslo ofc operations (whethoro or nots Sobw wasa advisedo afthep possibillyo ofsuchd damages, orv whethero ornoto occasioned! by Solo's own negligenco or then nepligence olanyo employen, contractorn or agenlols Solo)s sufeedbyCusiomer inc connection withorn rehinglothis Agreement, thef Products, ors Services, or anyo course ofd doalingarb transactiont belwoent thep partins, ora arisingo outoforr rolafing! lo any acton, omission, or other conduct ofSol, inckding! butn nol Imited to, thea activon negligence or othert faull al Solo (excap! for chims thate cannoll bow waivedor disclaimedb by hw). Thiss Section sar matorial Waranty,s Solov warrants thatu thes Servicesy wilbo perfomed andthe Prductsd dalivereda acconfingto the (A)k lems ofthisA Agreemanla and(b)s slandards acreplahlo inthep printingindustry! fromt then raprodurlion alme Conlont lumishedby Customer. Thisy warenty hexcksivo andintinuo ofanyo other expross ork impliedw wamanties, Including. butn noll Bimledin, any impliody wamryeimachantaiye orf ftnoss! forp particuler purposo. Solon makes no other waranties, express or impled, wilh respae! toi ita Services nr Prochicts ands specifically ditcinims anyv waranly nl bde or non-inkringamen! or any warranty with respect loi ils Servires or Products arising by usage oftrade, coured ofd doaings ord coursed ofp performance. Solo doesn nola evhorizo anyone to make awaranty olanyk kindoni its bohele and Customer should notn roly on anyone (ncluding Sales Representatives) makinge any warranly. Sobs shallr not ber rsponsible for enye errors, omissions or costs resulmg from Cuslomer's proofing or feuls me enye elactronic transmission, Customer IS edvised lo Miscallanesus. TNSA Agreemen!, ende enyn modificalions orE amendments, sheibeb bindingo only whenin wrilingends signedbye ans suthorizedo oflicer ofSolp. Theb torms ando conditions int hsA Agreemenl shal controlal doolngs bolween Customere ends Sob, unksss speclicely indicatod otherwise Inv wiltinge ends signed by ana sulhortzed officer ofs Solo. ThisA Agreementr may bee executods separetely Inoned or morec counterparts, each ofwhichs shalbed deemedand ariginal, butalofwhicht together shallc consitutec ones andu thes same agreement, ht theevente that any signaturelsd dofvered byh facsimile transmission or viae mall tot thec other partyesa portable datah format (pdit.) Roc or image fee ettachment, suchs signature shatc crests M valda andb binding oblgetion of thep partye executing (or onv whose behatis suche signaturet is execuled) wih the same lorce and eflecies Hsuchs signature pagev were and original thereol, ThisA AgruementiProposatr may notb bes assigned by Customer. Sobn may essign any or elofits rights and/or oblgations undert this Agreements and upona any sucha essignment, Solo shellb ber relevedo ofalllurtherd obligations. Anyn notices piven inc connection with thisA Agreements shallbel Inv writing endd delivoredb by courier orby first-clessr registeredr maile email, orv viat tetefax Ineccordance with the contacth informetione on thel frontp pego. AIS Solo'ss soleo option, Solor moyn rely ona ane emallfrom Customer transmiting instructions los Solo. Thet term" "person" shal Include anyk indidual. entily.  tolnwrling. Roesonable eflortw wilben madel lod duplicate colors speclfied, however, samel lenotg guaranteed.  one()year only. Norafunds shallbec duele to Customery wihn respect toany credis. Afert the one( (1)yeer period, anys suche creditss shal expire worthless.  addtonalyt toCustomer ats Sol'ss standardrates,  anyo atherd doliverys service, bulw wilexcldes Solpe employens makinga LocalDelivory.  thep Products and thep packing! late and shalla immedialoly nolily Sobo afs anyd delocis or doficiencies intheP Products or duet top poor qualilyo alpictures ori images (inckudingb blunyo ore distortodpictures or images)s providod tos Sobb by Customer. disseminaling (a)is slanderous, ibelous ordofamatory! tos enyp porson, or( (b)wilina anyw way (directly or indireclly) inlringe ond orviolate any govemmental statute, nsorn reguition, Customer furthern reprosents andwarants thela thast thes sulhorlly lohavel the Content prinledby Solo. ofany Contento to Solo thatv violetos sn reprusentations or warrentes! Inthis Agreement fort thep purpose ofp printingor disseminating same. Solot for usel Infture) jobso ord orders. Storage fooss shal bec charged atthes standardn monthlyn rate, unlsss egreedo olherwiselnwiing. Customer wlh fumish Solow withes Stateo ofFlorides salesb taxe exemptiono ceriicste; otherwise Floridas salos tax wilbep pald byo Customer,  wih thep packing list,i including packing doficioncies, shortages, misprints, qually  Products weren receivedb by  withoutd deficiency ors shortagas. Solos shalinnoe event heva anye responsibily fnr( (e)anyd damege caused to thePmducis duringdalvory, or(b)p poore qually alprintodn matnrials  property orp proprioleryr righis ofeny person, or( (c)o contains any  dealirgs, statements (whetherv verbalor wttenjor actionsb betweent thep partes.  Inr  Sole extending this Proposal.  checkw wihs Solo! thate elolectronic datas arivedi Intacia andn sw were nola alleredbye changesi insoflwaret belweent thep parties.  associationo ort trust,  Pnge20/2    Solo Printing, LLC 7860 NW 66th Street Miami, FL 33166-2708 Fax: (305) 599-5245 htpl/soloprinting.com  Quotation 115895  SAL0 PRIIS ALE Phone: (305) 594-8699  To: City of Sebring ZZZZZZ Dear City of Sebring  Date Estimator  9/5/24 Elizabeth Suarez  Salesperson Zachary Gomez  Solo Printing. LLCF"Solo')wouM: lket tot thank yous fory yourt time ando considerationi in regardst to this Proposal. Below aret thes specifications and prices fort thep proposed quoled job. This Proposalis CONFIDENTIAL andisi inlended fory yours sole uses anda acceplance. This Proposalisn nota assignable. andi ifnol accepted within 2calendar days from dale above, ilshall be subject to changel llaccepted below by Customer, this Proposal shallo conslitule abinding Agreement subjeci lo thet terms and conditions herein (including! the Additional  Terms and Conditions ont thef followina pages). This Proposali isr notv validi ifnots sianedbvas Solo Represenlative.  X  Solo Printing Representative  Description Trifold Brochure  Size Paper Ink Prepress Finishing Shipping Terms Prices Sincerely,  25.5x11Flat 80.01 Ib Gloss Text Files XMF Remote Proofs FOB: Local Miami PO 50%Dep/50% COD Quantity 15,000  4/4 Process + Overall gloss UV2 Sides (Knock Out Mail Square Mail Panel for Mailing)  Trim, and Trifold to 8.5x11.0 DP, NCOA 1 Mail File, Inkjet & Mail.  Prices $5,697.64  Upon acceptance please indicate the quantity required  Terms and Conditions: Taxes are nolir includedi int the above quotedp price. Unless specifically indicatedo otherwisei int this ProposalAgreement, Cuslomer shallp pay Soloi in U.S. Dollars at Solo's place ofl business, 50% uponi inceptiono ofo order and ther remaining 50% priort toc delveryo or pickup ofP Products, inc certified check, wirec or other immediately available funds. Fullp paymen! shallbea a conditiono afo delivery. ADF Products shall bep processed andp picked upt by Customer ats Solo's, place ofb business, unless specifically stated otherwise. As security forp payments ola anys sums due ort tob become due Solo undert thet terms oft this Proposal/Agreement, Solo shall have ther rightt tor retainp possession of( (and Customer hereby grants tos Soloa as security interesti in)s allp property ofC Customeri in Solo's possession. Past due amounts shalle accrue interest al 1.5% per month. Past due means being unpaid past the payment terms of this ProposaVAgreement, As used herein," "Services" shallr mean the printing, binding. handlinga and/orf finishing services quoled above. Products" shallr mean anyr materials or producis provided by Soloi in connectiony withl lis Services, Includingp printeda and/or boundedr materials orp producis. "Agreemen!" shall mean this Proposal once lis accepled by Customer. Reference in this ProposalAgreement to Customer or Solo shall include all of their respective employees, agents, members, officers managers, representatives, successors anda assigns. This Proposalis alsos subjeci tot theA Additional Terms and Conditions ont the following  pages ofthis Proposal, which terms ando conditions are! herebyir incorporated! byr reference.  IHEREBY ACCEPT THISI PROPOSAL AND/ AGREET TOALL ITS TERMS AND CONDITIONS (ON1 THE FOLLOWING PAGES)  Accepted By:  Sign:  Date:  Page 10/2    Incmasasi in Costs: Slandard Coln. QuotedP Prices mayt bei increesed Solo's cost olink or paper slocki increases more thant threey percent( (3%). Pupers slock one( (1)year only. Nor refundss shalibed duet toc Cuslomer withr respect tos anyo credits. Aler theo one( ()year perod, anys suchc credits shalle explrev worthless.  by Customers shall be properly wrapped, ol  proper size ando quality, and mechanically suitable forp printing requirements. Customer egrees top paya anys additional cosis incurred by Solo due to delays or impalred production because of Improper peckingor packaging. paper qually, or mechanical suiteblity, end for expenses ando charges Incuredi int then retum of cores tor mi, including treighip plus handling. Solo's standard ink colors wilb be used, unless otherwise Oxemema/Iindemnas Credits. Overuns or underruns thatd don note exceed one thousand (1,000) ort two percent (2%) oft the amount ordered, whichever le greater, shall constitute an accepfable dellvery, and! the excess ord deficiencys shalb be chargedo ord credited totheC Customer accordingly. Any credits issuedto Customer fora any reason mayo onlyb be used against thend currenlo orf fulure blling ands shallbev valld for periodof Production: Alteralions. Proofs oncea accepled andlora approved by the Customers shallt be finalo oncet thep productiono cycle commences. Productiono cycleb begins ont thed dele ofproola approval. Solov wil endeavort tobe reasonablys precise. butt the fnale examinetionf for eccurecy shall be Cuslomer's sole responsibily. Customer agrees to carefully examine allp prools for accuracy ofir information andi imagery, as welle es spelling. punctuation, numbers, graphics, colors, andg general layout. further revisions aren required after approvalh hast beenn recelved bys Solo, Customer agrees top pay any additional charges! Inçurred by Solo, including withoutl limitation, equpment setup time ando down time. Soloisn nolo obligoled lo accepto orders. changes or approvals verbally. Nlc orders. chonges or approvels must bel Iny writing. Customer ellerallons or include Instructions or changes provided tos Solo aftert the original specifications orh Instructions. ADa akerations or changes made after the Arslp proofo ore anye elterations or changes to 'printr ready' Nies wilbeb bled Iransporation. Malling. Prices quoled In this Proposal are F.O.B. Solo's Dock. Transler ofr risk of loss wilp pass to Customer upon Products leaving Solo's Dock. ABd delvery srtes of Customer must have a truck-leveld docky wiha ane approximate! heightof48 witha adock plate( ("Acceptable Delivery Dock). Deliveryd drivers donolu unload, drive forkiits orpushp pallet jacksv wilh basic dock-to-dock shipping.1 Theren musibea forkihp present atl the destination whp personnello unload thet truck so! thala allthec driver needd dolst back theb trucki ina ando opent thed door, Anys shippings charges notn mentioned In thisp Proposals shat be Customer's responsiblly. In the even! that Sobu undertakes to delver toak local destinalion (Local Delvery). such delvery wil be to Customer's localk localion having an Acceptable Delvery Dock. Solo drivers of Local Dellvery win not be requlred lo unbad, drive forkifis orp push palet jacks. Anyo carrier (regardiess a arranged and/or paid fort by Solo for Cuslomer) shal be Customer's agent. Solo shalr not be responsible for damage or lossesh m trenslt ord delays. strikes. etc.. ofany carier. ABC claims arising fromt transitn mustbe fled by the Customer against thec carrier. Customer agrees! lo indemnily andh hols Solo harmless froma and agains! allclalmsa andhabilties artsingo oulo ofthef failure ofa anyo ofCustomer's Inserlorn malling materials loc conformto anyn rules or regulallons olanyo carrier Inc connectionv with size, markings, labeling. Insertso ora any other malter, including withoul lmitation. any! loss oln rate/lee discounts charged los Solob by reason ols suchn non-c conlormily. Prior lo thed dato on which Producis are loben maliod or shippod. Iho Customor must deposts witho camier ors Solo, sufficient funds! toc covers allp postago or shippingo costs. Solod does nolg guaranloo mailings schedulo. Torm" carior shali includo tho postals sorvice, oranyo common carrior, loasode carrier or Chams. Ina anye eventv whero Customer may ber required ton make reasonablo adustmonts lor rts advertisers asan rosul of claims relaling lo dolicinncios witht thoP Products or Sorvices due lo tho solo faulla of Solo, witht the claim. Absont gross negligenced orv willulmisconducl, Solo shalln nolben responsiblo fora anyo olherc costs or damagos. including withoull limilation, loss or damago to Customor's proporly in Solo's passassion (olher than finished Producis). sucha As manuscripts. art, fim. phales, engravings. paper. equipment, elc. lor anyn reason. inckuding acls ol negligonco ofs Solo. Uponr roceipl ofll thoF IhoP Products andu thep packing! ist ands shalli immediately notify Soloo ofa anyd deleciso or deliciencios nl theP Produciso or inconsistoncies wilh thep packing! lisl, including packingd deficienries, shortagos, misprinis, qually alprinio orp prinled imagos. Faiure ofCustomer lor nolily Soboi inv wniling via faxo ore emai ofa anyd deficioncy or probloms within five (5) business days frome receipt of such Products shalb bo conclsivn proof! thal tho Productsv woron reorivodby Cuslomery withoul deliciencyo ors shortages. Solos shalinnoe evenl hever anyr responsihisly! lor (A)any damagec caused! lohep Produicis duringd daivary, or(b) poora quaily olp prinledn malonals Infrinoement. atc. Cuslomer represents andv warranis thatn no arlwnrk, lext, image. content, informalion, figure or malenal (oollecivaly. "Conlnn!) fumished hy Gustomar tn Sohn for thep purposa of prinling nr disseminaling (a)is slanderous, lbelous or defamaloryt toanyp person, or (b)wl in any way (direcllyo ori indirecily) intringe onory violale any intelleclualp properly orp proprielary righiso ofanyp person, or(c)c conlains any conlent orr materielt thatiso offensive, defamalory. pomographic, obscene. unlawful, deceplive or false, scandalous, or whichi invades anyp person's rght lop privacy or olher personairghls. or violales enya appliceble Indemaliv. Customer agrees lop prolect, delend andi indemnlly Solo andh holdah harmless frome eny losso or climo or damage erising out ofe any act or omission on the pario of Cuslomer, Including withoul Emilalion, Customer's (a)b breach ofd this Agreement or any agreement witha al thirdp parly. (b) violation ofe anyh foreign or domestic low. (c) commission ofat tort, Including an ect ofn negligence, (d) distribultion, dissemination, misuse. orh hendlingo ofany Productor Servicep providedb by Solot toCustomero or Customer's clientina anyh fraudulento ord deceptiven mannerc orinv violationola anyo consumer righis or laws, andlor (e)d delivery or providing Siorage Charges. While in Sol's possession, Customer shalp pays Solot thec costo ofs storing andn mainlaining printedr materials ands supplies nots scheduled for useo or delivery, including completedF Products withr no currentd distributione andiors shippingl instructions, printeds signelures lobel heldlork hutureb bindings. any Customer suppledi inserts, andp polybegn malerials, cartons. andior other finishing supplies tobev warehousedt by Taxos. Customer Is responsible fore anyt taxes (Including seles ore edv taxes) thaln may bec duec on! thep Productsor Servioes ofs Solo asp price onf front page doesr notl include anyt taxes. Hexemplf froms salest tax, Defau. Customer shalb be deemed! In delauk upon the occurrence ofa anyo oneor more ofthe followinge events fEvent)alDelauryt (1)Hanyp payment ofany sum duet to Solok isnotp paldp promptly when due, with orv withoutn notice; (2)lfa petitionis lledb byora agains! Customer seeking or acqulescing! Ina anyR reorganization, Iquidation, dissolutionors simlar rellefu under any laws relating to bankruptcy ork Insolvency. or (3)Hany Information, warrenty or representalionk Inll this/ Agreements shall prove! lob bek incorrect orf false. Upona an Event ofDefaul, Sol, alits oplion, mayd declare allu unpaldn monlesi immediately duea ands payable. Solos shalbe entilied to recover from the Customer reasonable attorneys' fees and costs In any lawsult or proceeding against Customer for the collection of monies due under this Agreement or for indemnity under this Agreement. Otherwise, eachp partys shallbeart their ownn respective altomey's feas ando costs, Nolwithstanding any credits approved for Customer, Solor mayd disconlinue any Serviceso or Productst beingp processedfor Cuslomer undert this/ Agreement upon an Evento of Defaull or Hanye evento occurs which, in Solo's opinion, mayr materlally affect Customer's crediworhiness or abifly top payu under this Agreement unto Customer provides edequate assuranceso ofitsa ebillys top paya acceplablet to Solo, orp prepays fort thes Services orF Producisi inp processo ors scheduled. Customerr represents thatt there arer nos actions orp proceedingsr nowp pendingin anys State or Federat Courtt lov whichi thec Customer isap partyl Including. proceedingsh Inbankruptcy ork insolency, nora aret therea any judgments or liens ofanyr nature agains! Customer. udsdiction: Venue: uny IdlalWalver. Customerh hereby acknowledgest thal thas sufficienta ands substential (and nolls Isolated)s conlacs witha andint the State of Florida, As such, Customer agrees and: submils Iiselt lothe) jurisdiction ofF Floridac courts, enda agrees that Miam! shallt bet thee exclusive venue fora anyd dispute between thep partieso orr relating to hisA Agreementv which shalibe govemed by Floridal law. Thep parties hereby knowingly. voluntarily andl Intentionally waivet the righie elther mayh have loat bial byl jury inr respecit to any Htigation: arising out ol, under orino conneclion with this ProposalAgreement, or anyo course of conduct, prtntinge activiles dueh tos safetyo concems orr malntenance ofprinting equipmente asild deems best or necessary. Delay! In fumishing Solo wih alora any conlent, malerials ore approvabn necessary! forp produclion may resultina ane extension oft the scheduled delvery dalec or addilional charges forc cost ofa acceleraled productiona atregularo overtime rates. Moroover, should there bea a delayo due tot thep paper milln not belng able lo deliver ons schedule. orforo othern reasons beyond! thec controlofs Solo, anewg productions schedule wilbea agreed upon. Thep pricing structure isb basedu upon complance wih! thiss schedule. Notwihstanding anything! to thec contrary. Solo shal notb bel lable fort fallure to deliver any Product or perform any Service nor shala any credita allowance or other remedy be extended. for anyt failure ol performance or breach duet to causes beyond then reasonable anticipationa and/ord controlols Sobo( (including actso ofG God. fires, floods, explosions. rlols, wars. huricane, sabolaget terrorism, vandalism, accident, restraint ofgovemment, govemmenlal: lacts. energy interruptions. injunctions, labor strikos, equipmont or soflware mallunchon, dolays causedb by Cuslomor, ombargo. or any dolay or broach of contraci byc carriors. suppliers or other contraclors with whom Soloh has contracled fort the! lumishingo oflabor, materials, supplios. enorgyo ort transportabon). Tilleld loa andnske oflosso off Producisp providod bys Sdlos shallp pass to Customor uponk loaving Solo's Dock. Linblivofs Solo J.Limitod, Customer underslands thal! tho polential Bahity los Soloi is grossly disproportionato lo Solo's monolary remuneration duo lothes size. sonpe, andv valun of this Agroomonl. Theroloro, Customer agrees thals Solos shal nolbe lablek lo Cuslomerk lora anyi incidental, indirecl, specialor consequenlial damages. includingv withoulh limilation. losts sales, losip profits, advanlago, savings or rovonues of any kindo or increasedo costo ofo operations (whethor orn no! Solow was advised althep possbihly afs such damages. or whether or not occasioned hys Solo's own naghgence or ther negigonon ofanyn emplnyon, contracior or agent ofs Solo)s sufleredby Customori inc connoction withor rolalinglo! thisA Agroemont. lhoF Products, or Sorvicos, or any roursed ofo doaling orl lransaction! bolwoon thep partins. ora ansingo ouloforn rolatinglo anya action, omission, ord other conducto o! Solo, inckiding butr not imited lo, tho actwve negligenco or othert faulo of Solo (excepl lorc claims thale cannol hov waivedo or dscaimodh hy bw). Thss Sorliona sar matnnali inducnment for Warrentv, Solov warantst thatu the Servicos willbep performeds and thoP Producisd detvorode according! lol the (a) torms ofthisA Agmomant and( (b)s slandards aereplahini inl Ihnp prinling" inchistry! from! then reproduction ofthe Contenl lumishodby Customor. Thisw waranlyi is exclusiven andi inliou ofa anyo othor oxpross or Implindv wamanlies, inckding. bulnol limiled In, anyi impbody warranly ofmorchantabily or êtness forp particutar purpose, Solor makes no other wamanlies, express or implind, with respeci lo is Servicas or Produrls ands specificaly disclaims any warranly nf lideo or non-ntringemen! or any warranly wlh respeci loi its Services or Products arising by usege oft trede, course of deaings or courseo of performance. Solod does nota authorizes anyone lor make awarranly ofa anyk kindo onits behal end Cuslomers should nolre roly on anyone (including Sales Represenlalives) making any warranly. Sobos shalinol ben responsblef fors any errors. omissions or cosls resuling' hom Cuslomer's proofing or lauis in any electronic tansmssion, Cuslomer is advised lo Miscallaneous. This Agreement, anda anyn modilicalions or amendments. shal beb bindingo only wheni in wnlinga and signedb by ane aulhorizedo oflicer of Solo. Thek lerms ando conditions inthis Agreement shalo conirolal! dealings beween Customer ands Solo, unless speciically! indiçated otherwisek inw wiltinga ands signed by anE euhorlzed oflicer ofs Solo. This Agreemente may be executeds seperstely inc one or more counterparts, each ofwhichs shallb be deemeds and originel buts allofwhich! logether shallc constitulec one andthes same agreement. thee event thata anys signaturek ls deliveredb byl lacsimile tansmission or visemailtot thec olher party asa portable data format (pd,) Reork Image files attachment, such signature shalo creale avalide endb bindingo obligation oft thep partye execuling (or onv whoset behall such signature is executed) with! thes same force and effecles Wsuchs signature pagev were and originalthereo!. This Agreemen/Proposalr mayn notbes assigned by Cuslomer. Solon maya assipn anyora atlo oflts righis and/or obigations under thisA Agreement andu upon eny ina accordance witht thec conlecth informalion ond thef frontp page. ALS Solo's solec option, Solon mayr rely one ane emall from Customer transmitingi instructions tos Solo. Thet term" "person" shalir Include anyl Individual. enlity.  agreed lolny writing. Reasonable effort willber made lod duplicate colors apecifed, however, sameis isnotg guaranteed.  any  changes  to Customer ats Solo'ss standardr rales.  anyo olherd delverys service. bulv willexckdes Soloe emphnyeosn making Local Delvary.  Cuslomerv wlsubmith tos Solov wntten proofe ofchaim! for adyustment. Solos shalir reimburse Cuslomore only! lo thee exlenlo ofthen duel lopoor quahlyo ofpictureso or Images (incldingbkmy or destorlodp pictures or mmages)p providod los Solo by Cuslomer. govemmentals slalute, ruled or regulalion, Customer further represents andw warranis! thall has thes authorily! lohavet the Contenlp prinledbys Solo. ofany Contentb tos Solod thaty violates lsr represenlations orw warranties InthisA Agreements fort thep purpose ofp prinlingord disseminalings seme. Solok for usek Infuture) jobso oro orders. Storagef foess shallbe chargede althes standardmonthlyn rale, unless agreedo otherwisel Iny writing. Customer wllh furnish Solov wtha Sleteo ofFbridas sales laxe exemptiono cerlificate, otherwise Floridas salest taxw wibep paidb byo Customer,  cosisa andp papor cosisi involvedi in reproducing thea advartisnmonts associaled  Customor shalli insport  deatings. statements (whether verbalory written)ora actionsb belweent thep parties. Delaya, Solo will employ reasonable elforis top perform under this Agreement promptly according toar  production schedude, which shallb ber mtually agreed upon Inv wribng. butn reserves the righi* lohalt  Solo exlendinglhisF Proposal.  checkv wilhs Solol lhata ellelecironic dalaa arivedi Inlacla andflesv weren nola alleredbye chenges ins soflware botweent the parlies.  sucha assignment, Solos shalb ben rellevedo ofe ellfurherc obligations. Anyn nolloesg givenk Inc  wihu this Agreements shallbel Inv wiling ande deliveredbyc courier or by first-class registered mail, emall, orv vial telefax  essoclationc or frust  Page20/2    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1,2024 AGENDA ITEM#: 13A-Project Report  PRESENTER: Noethlich/Robinson  BACKGROUND:  West Lake. Jackson Project - CivilSurv presented the 90% deliverable for Phase I at the September 3rd meeting and they are working on the 100% deliverable. Further, as an interim solution for the roadway condition. Excavation Point paved several sections oft that portion of Eco-Park - Fryman Trust has the City executed contract and has indicated that it may be executed Potential FDOT road swap ofa a portion of SR17 - City, County and FDOT had a preliminary meeting to discuss and will be discussing the logistics of the swap - approximate time frame Relocation of Public Works/Utilities - City has submitted offer on parcel and is awaiting Mobile Home Park Moratorium - Staff1 has met with special counsel and they are drafting Lakeview Watersports Agreement - has been sent to Lakeview Watersports for their review and Vegetation on Lake Jackson - Staffn met with FWC on September 5th. Greg Griffin at your September 17th meeting presented Council with information. Treatment of vegetation along US 27 will begin as soon as weather conditions permit. Staff has reached out to FWC regarding workshop on the Illinois Pondweed proliferation on Lake Jackson and is awaiting ai response.  Lakeview to smooth out the roadway. for an October meeting.  provided by the State was 1.5-2) years (no update)  acceptance. Contract may be on Council's October 15th meeting.  language for Council's consideration. staffi is waiting for a response. (No update)  REQUESTED MOTION: None; fori informational purposes  COUNCIL ACTION: APPROVED DENIED TABLED TO:  Moved by:  Seconded by:  Carlisle Havery Mendel Stewart Bishop  OTHER    CITY OF SEBRING AGENDA ITEM SUMMARY  MEETING DATE: October 1, 2024  PRESENTOR: Haley  AGENDA ITEM#: 14A- City of Sebring Bills  BACKGROUND: The bills for the October 1, 2024 meeting will be emailed to you  on September 27, 2024.  REQUESTED MOTION: Approve the payment ofbills as presented.  COUNCIL ACTION:  APPROVED DENIED OTHER  Moved by:  Seconded by:  DEFERRED Carlisle_ Havery_ Mendel Stewart  Bishop