AGENDA ORDER ANDI PROCEDURE OF COUNCIL MEETING TUESDAY, APRIL 15, 2025 5:30 P.M. 1. CALL TO ORDER 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. ANNOUNCE BUSINESS FROM AUDIENCE PROCEDURE: 6. MAYOR'S REPORT: 7. COUNCILMEMBERS CONCERNS, COMMENTS, LIAISON REPORTS: 8. CONSENT AGENDA: A. Approval of minutes: Haley B. Announcement of upcoming meetings: Haley C. Approve one fire hydrant/3736 Sparta Rd: Boggus D. Voluntary Cooperation Agreement/City of Sebring Police Department & Highlands County Sheriff's Office: Hoglund E. Recreation Interlocal Agreement for FY 2024-2025: Robinson F. gth Annual Sebring Fire Department Bicycle Rodeo: Tucker G. Light the Circle Pink Event: Diana Albritton H. Special Event for Water Experience for Individuals with Disabilities: Kathleen Border I. Liaison Assignments: Stewart J. Proclamation: Water Conservation Month: Noethlich K. Reclassify Public Works Maintenance Position: Kramer L. CBDBG-MIT Engineer Consultant Services Agreement/Highlands Homes Water Distribution Upgrades (MT057): Robinson M. Annual Stormwater Program resentation-MS4 Compliance: Kramer 9. OLD BUSINESS: A. Proposed Ordinance #1538/Property located outside of City limits to connect to City Utility System: Swaine B. Proposed Utility Services Agreement: Swaine 10. NEW BUSINESS: A. Request to utilize City ROW for Fiber Network: Sarah Murphy/Brooke Swint B. Utilities request for proposed development in the County located at 4007 Sparta Rd: Dana Riddell 11. BUSINESS FROM AUDIENCE: 12. CITY ATTORNEY'S BUSINESS: 13. CITY ADMINISTRATOR BUSINESS: A. Project Report 14. CITY CLERK'S BUSINESS AND ANNOUNCEMENTS A. Bills for Approval Any person who might wish to appeal any decision made by the City Council of Sebring, Florida, in public hearing or meeting is hereby advised that he will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made which will include the testimony and evidence upon which such appeal is to be based. The City Council of Sebring, Florida does not discriminate upon the basis of anyindividual's disability status. This non- discrimination policy 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 MEETING DATE: April 15, 2025 PRESENTER: Bishop AGENDA ITEM#: 8 - Consent Agenda BACKGROUND: Item 8 A through 8 M 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 Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTOR: Haley AGENDA ITEM#: 8A Approval of Minutes BACKGROUND: The minutes from your regular meeting on April 1, 2025 were emailed to you on April 9, 2025. REQUESTED MOTION: Approve minutes as presented. COUNCIL ACTION: APPROVED DENIED Moved by: - Seconded by: DEFERRED Carlisle Havery. Kogelschatz Stewart Bishop OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Haley AGENDA ITEM#: 8B - Announcement ofUpcoming Meetings BACKGROUND: The following meetings and/or workshops are scheduled between April 16th and May 6, 2025. Date Time Meeting Participant(s) 04/17/25 1:00 p.m. Sebring Airport Authority Liaison Carlisle 04/18/25 8-5 p.m. Good Friday Holiday City offices closed 04/22/25 5:30 p.m. Code Enforcement Board Liaison Havery 05/06/25 5:30 p.m. City Council Meeting Mayor/City Council/City Clerk COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Boggus AGENDA ITEM#: 8 C - Approve one (1) fire hydrant installed at 3736 Sparta Rd, Sebring. BACKGROUND: Section 23-37 of the City Code of Ordinances governs the placement of fire hydrants, sprinkler systems, etc. outside the city limits. Specifically, the policy states that fire hydrants, sprinkler systems and devices used exclusively for fire protection outside of the City must be approved by the City Council. Attached is a letter from EMCI Wireless requesting one (1) fire hydrant placement to the above address for a new commercial building. They are aware of the additional cost with installation and monthly fees for this fire hydrant. Attachment A - Letter of request for the fire hydrant installation Attachment B = Declaration of Covenant REQUESTED MOTION: Approve Agenda Item as presented COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT A EMCI WIRELESS April 3, 2025 Mr. Scott Nocthlich. City Administrator City of Sebring 368 S. Commerce Ave. Sebring, Florida 33870 Dear Mr. Noethlich, The purpose of this letter is to request to be placed on the Sebring City Council agenda as soon as possible for the purpose of requesting that the City Council approve the installation and maintenance of one (I) fire hydrant at 3736 Sparta Road. This fire hydrant will be a Mueller or Kennedy brand as required by the City of Sebring. We do understand that there will be a monthly service maintenance fee for each fire hydrant on our monthly water billing. Please find attached a Declaration of Covenant signed by the property owner, witnessed and notarized as requested. Should you have any questions or concerns. please feel free to contact me. Sincerely. Bh EH Charles W. Elliott Jr. Presiden! Office: (863)385-7470 x1020 Fax: (863). 382-6466 dlor@emshvirisiscom Ecosystem C - Solutions (800) 226-7470 MOTOROLA Pariner Visit us aty wwwemciwireles.com CERTIFIED SOLUTIONS CCO SERVICE MOTOROLA SOLUTIONS FLATDAMOWRNIE PARTNER CENTER wore Service Elte Specialisa ATTACHMENT B Prepared by: Robert S. Swaine Swaine, Harris & Wohl, PA. 425 South Commerce. Avenue Sebring, FL33870-3702 DECLARATION OF COVENANTS SUBDIVISION: Electronic Maintenance & Communications. Inc. a Florida 0 limited liability company or a corporation (herein called "Declaran!") is the owner in fee simple of certain real property (herein called the Property"), located at 3736 Sparta Road, Sebring, Florida 33870 in Highlands County, Florida, more particularly described on Schedule "A" attached hereto. For good and valuable consideration, and in exchange for the right for the Property to pay for and receive the service(s) checked below from the City of Sebring: a water service a fire hydrants 0 fire protection service Declarant hereby declares that the Property shall be subject to the following covenant, which shall constitute a covenant running with the Property and shall be binding on all parties having any right, title or interest in the Property, their heirs, successors and assigns. When the Property becomes contiguous to the city limits of the City of Sebring, the Property shall be subject to annexation into said city limits ifand when the City of Sebring City Council determines such annexation is in the best interest ofthe City. This declaration shall be considered an irrevocable petition to the City ofSebring for such annexation and Declarant further agrees, for itself, its successors and assigns, to execute any additional instrument or documents requested by the City of Sebring to facilitate any future annexation ofthe Property. The Declarant agrees further to consent to the annexation of this Property in connection with any future referendum election under Florida Statutes 171.0413, as the same may be amended from time to time. Ifannexed, Declarant consents to all applicable non-ad valorem assessments levied on the real property within the City of Sebring. This covenant shall run perpetually with and bind the land, and shall inure to the benefit of and be enforceable by the City ofScbring. Any box checked above for services not rendered by the City of Sebring shall not obligate the City of Sebring to provide those services and this agreement shall remain valid SO long as the City of Scbring is willing to provide any ofthe services. The person or persons for the Declarant covenant under the penalty of perjury that they are fully authorized to: sign this Declaration for the Declarant and that it is fully enforceable under its terms Dated this 3. day of AQn) 2025: Declarant: Electronic Maintenance & Communications, Inc. Two Witnesses: a Florida a limited liability company or s-corporatjon Buuz W B, By: S04/ (Printed Name) LAURENS BACZ Printed Name: Charles W. Elliott, Jr. Title: President (corporate seal) (Printed Name). Speh Lower! STATEOFFlonid 0 COUNTY OF Hahlonds The firegoihg insirument was acknguledged belore "lys means or S physical pre esence or online notarization, p3hd day of ApL 2025. by (name) nCr es DtE as (title) Kfosident of ecoAs M Oxishenonte MhOw cats Inc a Florida o limited liability company or a/ corporation, who is personally known to me or D produced as identification. Relurn to: bneko.Gnino City of Sebring Utilities Depi. Notary Pubilc 321 NMango Street Commission No.: 091412028 Sebring. FL.33870 (aflix notarial seal) U6 ANGELA N. GOWS Notary Public, State of Florida My Comm, Expires Sept. 11, 2028 3 OF Commission No. HH583889 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Hoglund AGENDA ITEM#: 8 D - Voluntary cooperation agreement between the City of Sebring, Florida on behalf of the Sebring Police Department and the Highlands County Sheriff's Office. BACKGROUND: The Sebring Police Department and Highlands County Sheriff's S Office would like to renew/extend the current voluntary cooperation agreement through the execution of a new agreement. This agreement will expire on January 31, 2029, unless otherwise terminated. REQUESTED MOTION: Approve the voluntary cooperation agreement between the City of Sebring, Florida on behalf oft the Sebring Police Department and the Highlands County Sheriff's Office and authorize execution of the agreement as requested. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER VOLUNTARY COOPERATION AGREEMENT BETWEEN THE CITY OF SEBRING, FLORIDA ON BEHALF OF THESEBRING POLICE DEPARTMENT AND THE HIGHLANDS COUNTY SHERIFF'S OFFICE This agreement is made between the CITY OF SEBRING ("Sebring"), a municipality located in Highlands County, Florida and the HIGHLANDS COUNTY SHERIFF'S OFFICE ("Sheriff's S Office") which are agencies or units of government that have the authority to employ or appoint law cnforcement officers, as defined in Section 943.10(1), Florida Statutes, or otherwise identified as "Subscribers"or "Parties." WHEREAS, Part I, Chapter 23, Florida Statutes, the "Florida Mutual Aid Act", authorizes law enforcement agencies to enter into agreements for cooperation and assistance acrossjurisdictional lines; and WHEREAS, the Subscribers to this Voluntary Cooperation Agreement ("Agreement") are sO located in relation to one another or each has respective resources that it is to their advantage to receive and extend voluntary cooperation and operational assistance; and WHEREAS, the Subscribers to this Agreement recognize that an increasing number of criminals operate across jurisdictional lines, and that a continuing multi-jurisdictional response to such unlawful activity is needed; and WHEREAS, certain investigations bccause of their nature, particularly investigations into the illicit sale of drugs, require that law enforcement officers respond promptly and without delay; and WHEREAS, no single law enforcement agency can command sufficient human resources and other resources to handle all possible emergencies, incidents, activities, and investigations; and WHEREAS, the Subscribers to this Agreement recognize there is a need for continuing multi-jurisdictional response to persons who are involved in traffic accidents or who are operating vehicles in violation of traffic laws on streets, roads, or other traveled ways, including right-of-ways thercof, that are adjacent to or that form the boundary between municipalities or towns and an unincorporated portion of Highlands County, Florida; and WHEREAS, the Subscribers to this Agreement desire to enhance their capabilities to protect life and property and preserve the public peacc; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Subscribers hereto agree as follows: 1. Cooperating Agency or Jurisdiction" or "Agency" or "Subscriber(s)" means the Sebring Police Department and the Sheriff's Office. Page I of6 2. Voluntary Cooperation as provided herein permits voluntary cooperation among and between the Subscribers to this Agreement across jurisdictional lines to provide assistance to each other with any violations of Florida Law to include, but not limited to investigations of homicides, sex offenses, robberies, assaults, burglaries, larcenies, gambling, motor vehiçle thefts, narcotic violations, backup services during patrol activities, inter-agency task forces, joint investigations, traffic nvetigationsemlorcement oft traffic laws on contiguous ways as provided in Section Five (5) oft this Agrcement or other routine law enforcement matters where assistance is requested or otherwise needed. 3. Operational Assistance as provided herein means support which is provided in law enforcement circumstances, including but not limited to cmergencies as defined in Section 252.34, Florida Statutes, or state of affairs that call for the use of resources which may exceed the capability ofthe Agency having jurisdiction to counteract or manage the incident effectively. 4. Voluntary Cooperation or Operational Assistance a) Any Subscriber to this Agreement may request voluntary cooperation or operational assistance from any other Subscriber to this Agreement. b) A request for voluntary cooperation or operational assistance shall be made by the Watch Commander or Ofticer-In-Charge ("OIC") of the matter or incident from the respective Subscribing agency requesting the voluntary cooperation or operational assistance, or such designee. c) A requcst for voluntary cooperation or operational assistance made pursuant to this Agreement should specify the number of personnel and the type and amount of resources needed, the location to which the personnel and resources are to respond, and the official to whom they are to report. d) An Agency receiving a request for voluntary cooperation or operational assistance is obligated to the request only to the extent that the available personnel and resources are not required for adequate protection in the responding Agency'sj jurisdiction. The Watch Commander or OIC of the responding Agency, or the designee, shall have the solc authority to determine the amount of personnel and resources, ifany, available. e) Resources which may be available under this Agrcement shall include, but are not limited to, human resources, marked and unmarked vehicles, 4-wheel drive vehicles, police patrol boats, K-9 units, aircraft, and ationalsate/counyciy computer and communication networks. f) Law enforcement officers and other employees responding to a request for voluntary cooperation or operational assistance shall be under the direction and control of the commanding officers of the Agency making the request, unless otherwise agreed to based upon the criteria of the operation. g) If requested, law enforcement officers rendering voluntary cooperation or operational assistançe may assist in the transportation and processing of prisoners in situations involving mass arrests and, if necessary, in the operation of temporary detention facilitics. h) The responding Agency's personnel and resources shall be released by the requesting Agency when assistance is no longer necded or when such personnel or Page 2 of6 resourccs are needed in the jurisdiction in which they are normally employed. Should the need arise, the Watch Commander or OIC of the responding Agency, or the designee, may at any time, recall personnel and resources of the jurisdiction in which they are normally employed. i) Law enforcement officers rendering voluntary cooperation or operational assistance will complete written reports as if they were performing their duties in their own jurisdiction. Copies of these reports shall be furnished to the Agency requesting assistance within a reasonable time. Additionally, officers rendering voluntary cooperation or operational assistance shall prepare other reports as the Agency requesting assistance may reasonably require. 5. Enforcement of Traffic Laws and Traffic Investigations on Contiguous Ways a) Contiguous Ways ("Contiguous Ways") in this Section means those streets, roads, or other traveled ways, including the right-of-way thereof, that are adjacent to or that form the boundary between municipalities or towns and the unincorporated portions ofHighlands County, Florida. b) When a uniformed, on-duty law enforcement officer of the Sebring Police Department observes a traffic infraction occurring on a Contiguous Way, such law enforcement officer may take appropriate action to enforce the traffic laws of the State and issue any and all necessary citations, notices to appear, effect arrest(s), collect and preserve evidence, take custody of any contraband article as defined by Section 932.701-932.7062, Florida Statutes, the Florida Contraband Forfeiture Act, or take such action as necessary and appropriate to protect the health and safety of the public. Such law enforcement officer shall promptly notify the Agency in which the traffic violation occurred of the incident and the action initiated. c) When a traffic accident occurs on a Contiguous Way, a uniformed, on-duty law enforcement officer from the adjacent municipality, town or unincorporated portions of Highlands County, Florida, may commence necessary first aid and traffic control. The law enforcement officer on the scene shall contact the Jurisdiction in which the accident occurred. If that Jurisdiction is unable to dispatch law enforcement to the scene or otherwise declines a response, the law enforcement officer on the scene may proceed to investigate the accident, to issue any and all necessary citations, notices to appear, effect arrest(s), collect and preserve evidence, take into custody of any contraband article as defined by Section 932.701-932.7062, Florida Statutes, the Florida Contraband Forfeiture Act, or take such action as is necessary and appropriate to protect the health and safety of the public. 6. Radio Communications Subject to budgetary constraints, each Subscriber to this Agrcement shall be equipped with the inter-agency radio frequency, which shall be the primary source of communication between law enforcement officcrs rendering voluntary cooperation or operational assistançe and local officials. Except for Agencies operating through consolidated communication protocols under Sheriff's Office Central Dispatch for Highlands County, Florida, other subscribing Agencies requesting voluntary cooperation or operational assistance shall record all radio communications which relate to the assistance provided, including, but not limited to, the Page 3 of6 numbers of the units responding, times en route, times of arrival, times of completion and all other pertinent radio communications. 7. Supremacy of Departmental General Orders and Policies Whenever an officer or employee is rendering assistance pursuant to this Agreement, the officer or employee shall abide by and be subject to the Rules and Regulations, Personnel Policies, General Orders and Standard Operating Procedures of his/her employer. If any such Rule, Regulation, Personnel Policy, General Order, or Standard Opcrating Procedure is contradicted, contravened, or otherwise in conflict with a direct order of a superior officer of the requesting Agency, then such rule, Regulation, Policy, Gencral Order or Procedure shall control and shall supersede the direct order. 8. Powers, Privileges, and Immunities Whenever, pursuant to the terms of this Agreement, a law enforcement officer or other employee of a law enforcement Agency is performing services in a cooperating Agency's jurisdiction, the officer or employee shall have the same powers, duties, rights, privileges and immunities as if performing those services in the jurisdiction in which the person is normally employed. The privileges and immunities from liability, exemption from laws, ordinançes and rules, and pension, insurance, relief, disability, workers' compensation, salary, death and other benefits that apply to the activity of such officers and employees when performing their duties within their agency's jurisdiction shall apply to them to the same degree, manner, and extent while engaged in the performance of services extraterritorially under the provisions oft this Agreement. 9. Legal Status of Personnel and Equipment Nothing in this Agrecment shall bc dccmed to create an employment or agency relationship between personnel performing services extraterritorially pursuant to this Agreement and thc municipality or other jurisdiction in which those services are actually performed. Similarly, nothing in this Agreement shall be deemed to transfer any legal or equitable title to any equipment utilized pursuant to this Agreement. 10. Loss or Damage to Equipment An Agency providing voluntary cooperation or operational assistance under this Agreement shall bear thc cost of any loss or damagc to the Agency's property, equipment, or resources as a result of the use of such property, equipment or resources in providing assistance under this Agreement. 11. Resource Costs An Agency providing voluntary cooperation or operational assistance pursuant to this Agreement shall compensatc its officers and employccs during the time of the rendering of such assistance and shall defray the actual travel and maintenance expenses of such officers and employees while they are providing such assistance. The Agency furnishing assistance shall also pay any amounts due for compensation as a result of the personal injury or death of any officer or employee rendering assistance. This provision may be modified by other Agrecments with the Parties that provide for compensation to be paid by another Party. This waiver only affects the hourly compensation ratc. Page 4 of6 12. Liability Each Subscriber to this Agreement shall bear the liability for the acts of its own officers and employees. Except as expressly provided for herein, nothing in this Agreement shall confer upon any person or entity any right to damagcs against any Party to this Agreement. 13. Indemnification Each Subscriber whose personnel perform services extraterritorially pursuant to this Agreement agrees, to the extent permitted by law, to indemnify and hold all other Subscribers harmless of and from any and all claims, lawsuits, and/or causes of action (including taxable costs, reasonable attorney's fees and appeals) arising out of the acts, omissions, or conduct of such personnel. However, nothing contained herein shall be construed to waive or modify the provisions of Section 768.28, Florida Statutes, with respect to any Party hereto. 14. Insurance Each Subscriber to this Agreement shall provide and carry liability insurance, workers' compensation insurance and other insurance necessary to assure that each subscriber shall be protected and indemnified from any and all liabilities which may result from activities undertaken pursuant to this Agreement. "Insurance" may be procured either privately or pursuant to an approved self-insurance risk-financing program. 15. Effect Upon Statutory Powers This Agreement neither expands nor diminishes the powers granted to the Subscriber by Florida Law, Common Law or Federal Law. 16. Effective Date This Agreement shall be effective as of February 1, 2025, and shall continue in full force and effect until terminated as provided herein. 17. Cancellation Any Subscriber to this Agreement may withdraw or cancel such Subscriber's participation, without liability to any other Subscriber, by providing written notice of such withdrawal or cancellation to the other Subscriber not less than ten (10) days prior thereto. 18. Severability In the event that any part or provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this Agreement which shall remain in full force and effect. 19. Time Limit for Agreement This Agreement shall expire on January 31, 2029. Page 5 of6 6 IN WITNESS HEREOF, the Subscribers hereto cause these present to be signed by their duly authorized officers on the first above mentioned date. ENTERED INTO this day of 2025, by Karl Hoglund, Chief of Police, City of Sebring, Highlands County, Florida. SEBRING POLICE DEPARTMENT CHIEF KARL HOGLUND ENTERED INTO this day of 2025, by John Shoop, Mayor, City of Sebring, Highlands County, Florida. CITY OF SEBRING MAYOR JOHN SHOOP ENTERED INTO this day of 2025, by Scott Noethlich, City Administrator, City of Sebring, Highlands County, Florida. CITY OF SEBRING CITY ADMINISTRATOR SCOTT NOETHLICH Approved as to form and legal sufficiency this day of 2025, by Robert Swaine, City Attorney for the City ofSebring, Highlands County, Florida. CITY OF SEBRING ATTORNEY ROBERT SWAINE ENTERED INTO this day of 2025, by Paul Blackman, Sheriff of Highlands County, Florida. HIGHLANDS COUNTY SHERIFF'S OFFICE PoiBl SHERIFF PAUL BLACKMAN Page 6 of6 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Robinson AGENDA ITEM#: 8 E-) Recreation Interlocal Agreement for FY 2024-2025 BACKGROUND: Attached please find the Recreation Interlocal Agreement for FY 2024- 2025. Pursuant to the agreement, the County will reimburse the City up to $125,000 for the maintenance and operation of certain recreational facilities located in the incorporated area of the City and used by the residents ofthe County. ATTACHMENT A - Interlocal Agreement Between Highland County, Florida and the City of Sebring for Operation and Maintenance of Recreational Facilities After Council approval, the agreement will be forwarded to the Highlands County Board of County Commissioners for approval. REQUESTED MOTION: Approve Interlocal Agreement as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER INTERLOCAL AGREEMENT BETWEEN HIGHLANDS COUNTY, FLORIDA AND THE CITY OF SEBRING FOR OPERATION AND MAINTENANCE OF RECREATIONAL FACILITIES THIS INTERLOCAL AGREEMENT (hereinafter referred to as "Interlocal Agreement") is made by and between the CITY OF SEBRING, 368 South Commerce Avenue, Sebring, FL 33870, hereinafter referred to as the "CITY", and HIGHLANDS COUNTY, a political subdivision of the State of Florida, 600 South Commerce Avenue, Sebring, Florida 33870, hereinafter referred to as the "COUNTY" (the "Parties" and each a "Party"). WHEREAS, Florida Statutes, Section 163, authorizes the CITY and COUNTY to enter into an Interlocal Agreement for the provision of efficient and effective services; and WHEREAS, the CITY owns, operates, and maintains certain recreational facilities which are utilized by both CITY and COUNTY residents; and WHEREAS, the CITY has requested that the COUNTY cooperate and work with the CITY for the purpose of funding the maintenance and operation of such certain recreational facilities; and WHEREAS, the CITY and COUNTY have determined that itis in their best interest to enter into an Interlocal Agreement for the purpose of allocating the funds necessary for maintenance and operation of the designated recreational facilities. NOW THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the CITY and the COUNTY hereby agree as follows: 1. Recitals. The above recitals are true and correct and incorporated herein. 2. Purpose. The purpose of this Interlocal Agreement is to provide for cooperative funding for the maintenance and operation of recreational facilities located within the CITY and used by CITY and COUNTY residents. 3. Procurement. The Parties agree that, where applicable, the CITY shall be responsible for all bidding, contracting and supervision of any outside vendors. The CITY agrees to follow its adopted procedures for the awarding of contracts for work oft this nature. The CITYi is responsible for obtaining all permits, licenses, agreements, leases, etc. required for these purposes. 4. Terms. A. The CITY owns, operates, and maintains public recreational facilities located in the incorporated area of the CITY. Those recreational facilities are used by residents of the COUNTY, some of whom may not necessarily be Page 1 of 6 residents of the CITY. The CITY has requested that the COUNTY assist the CITY in providing the funding required to operate and maintain the public recreational facilities listed on Exhibit "A" to this Agreement ("Project"), retroactively effective for the fiscal year beginning on October 1, 2024, and ending September 30, 2025. B. The COUNTY agrees to obligate and make available to the CITY up to One Hundred Twenty-Five Thousand Dollars and Zero Cents ($125,000.00) to be used for actual operation and maintenance expenditures as provided in the CITY's adopted recreation budget as contained in Exhibit "B" for the recreational facilities listed on Exhibit "A". C. This Interlocal Agreement shall be retroactively effective back to October 1, 2024. 5. Accounting. The CITY shall document all expenditures of public money in detail sufficient for a proper pre-audit and post-audit report. The CITY shall retain all records for supporting Project costs for three (3) years after the fiscal yeari in which the final payment was released by the CITY, or until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three (3) year record retention period. 6. Inspections/Audits. The COUNTY reserves the right to inspect any Project, as well as the right to audit any and all financial records pertaining to any Project at any reasonable time. This Interlocal Agreement can be unilaterally canceled by the COUNTY if the CITY refuses to allow public access to all documents, papers, letters, or other material made or received in conjunction with this Interlocal Agreement pursuant to the provisions of Chapter 119, Florida Statutes. Following receipt of an audit report identifying any reimbursement due the COUNTY, the CITY will be allowed a maximum of sixty (60) days to submit additional documentation to offset the amount identified or to return the amount due. 7. Termination. The COUNTY shall have the right to terminate this Interlocal Agreement and demand a refund of all funds paid for any Project for which the CITY fails to comply with the terms and conditions of this Interlocal Agreement, if the CITY fails to cure such material non-compliance within ten (10) days after receiving notice thereof from the COUNTY, or within such additional time as the COUNTY may allow. If the CITY fails to cure such material non-compliance within the time allowed, the CITY agrees to return those funds to the COUNTY within sixty (60) days after the termination and demand for refund by the COUNTY. 8. E-verify. The CITY acknowledges the requirements of Florida Statutes, Section 448.095, and the Employment Eligibility Verification Program ("E-Verify Program") developed by the federal government to verify the eligibility individuals to work in the United States and 48 CFR 52.222-54 (as amended) which is incorporated herein by reference. To the extent applicable, in accordance with Subpart 22.18 Page 2 of 6 of the Federal Acquisition Register, the CITY shall be registered with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility status of all employees performing work under this Agreement as well as all newly hired employees. In addition, the CITY shall require any and all subcontractors performing work in accordance with this Agreement to register with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility status of all employees performing work under this Agreement as well as all newly hired employees. Any such subcontractor shall provide an affidavit to the CITY stating that the subcontractor does not employ, contract with or subcontract with any ineligible individuals and the CITY must keep a copy of said affidavit for the duration of this Agreement. Violation of this section is subject to immediate termination of this Agreement by the COUNTY without regard to any notice otherwise required herein. information on registration for and use of the E-Verify Program may be obtained at the Department of Homeland Security website: ntp/www.dns.goVE- Verify. 9. Default. Upon the occurrence of any event of default by the CITY, all obligations on the part of the COUNTY to make any further payments of funds pursuant to this Interlocal Agreement shall if the COUNTY sO elects, terminate, but the COUNTY may make any payments or parts of payments after the happening of any event of default without thereby waiving the right to exercise any remedy which it may have without becoming liable to make any further payment. 10. Indemnification and Sovereign Immunity. A. As to any legal action brought by persons or entities who are not a Party to this Agreement, to the extent permitted by law, the CITY agrees to be liable for any and all damages, losses, and expenses incurred by the COUNTY, caused by the acts and/or omissions of the CITY arising out of or in any way connected with this Agreement or any future modifications hereof. For acts or omissions caused by the CITY, the CITY shall defend and hold the COUNTY harmless from any and all legal actions, claims, demands by any person, arising out of or in any way connected with this Agreement or any future modifications hereof. B. The COUNTY and the CITY expressly retain all rights, benefits and mmunities ofs sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section, article or paragraph of this Agreement to the contrary, nothing in this Agreement shall be deemed as a waiver of sovereign immunity or limits of liability which may have been adopted by the Florida Legislature or may be adopted by the Florida Legislature, and the cap on the amount and liability of the COUNTY or CITY for damages, attorney fees and costs, regardless of the number or nature of claims in tort, equity or contract, shall not exceed the dollar amount Page 3 of 6 set by the Florida Legislature for tort. Nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim against the COUNTY or the CITY which would otherwise be barred under the Doctrine of Sovereign Immunity or operation of law. 11. Entire Agreement. This Agreement, and any amendments hereto, constitutes the entire Agreement between the Parties relating to the specific matters set forth herein, and no other prior agreements or understandings shall have any force or affect whatsoever on this Agreement or the Parties hereto. 12. Notice. The Parties hereto agree and understand that written notice, mailed or delivered to the last known mailing address, shall constitute sufficient notice to the COUNTY and to the CITY. All notices required and/or made pursuant to this Agreement to be given to the COUNTY and the CITY shall be in writing and given by way of hand delivery or the United States Postal Service, first class mail, postage prepaid, return receipt requested, addressed to the following addresses of record: COUNTY: Highlands County Attention: County Administrator 600 S. Commerce Avenue Sebring, Florida 33870 CITY: CITY of SEBRING Attention: City Administrator 368 South Commerce Avenue Sebring, Florida 33870 13. Governing Law and Venue. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either Party to initiate legal action regarding this Agreement, venue shall lie in Highlands County, Florida. The Parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by either of the Parties hereto. 14. Waiver. Failure of the Parties to insist upon strict performance of any of the covenants, terms, provisions, or conditions of this Agreement or to exercise any right of option herein contained, shall not be construed as a waiver or a relinquishment for the future of any such covenant, term, provision, or condition, or right of election, but same shall remain in full force and effect. 15. Amendment. The covenants, terms, and provisions of this Agreement may be modified by way of a written instrument, mutually accepted by the Parties hereto. In the event of a conflict between the covenants, terms, and/or provisions of this Page 4 of 6 Agreement and any written Amendment(s) hereto, the provisions of the latest executed instrument shall take precedence. 16. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the Parties hereto that if any part, term, or provision of this Agreement is by a court of competent jurisdiction held to be illegal or in conflict with any law of the State of Florida or the United States, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. If necessary, to preserve the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement, adopting a substitute provision fori the one deemed invalid or unenforceable that is legally binding and enforceable. Nothing in this Interlocal Agreement shall be construed to benefit any person or entity not a Party to this Interlocal Agreement. 17. Joint Negotiations. This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one of the Parties hereto. 18. Recording. The CITY shall record this Agreement as required by the Florida Interlocal Cooperation Act of 1969 immediately following the execution by all of the Parties, and thereafter provide a copy evidencing recordation to the COUNTY. (Signatures on following page) Page 5 of 6 IN WITNESS WHEREOF, the Parties hereto have caused this Interlocal Agreement to be duly executed by their proper and duly authorized officers. HIGHLANDS COUNTY, a political subdivision of the State of Florida By: Arlene Tuck, Chair Date: Attest: Jerome Kaszubowski, Clerk CITY OF SEBRING By: John Shoop, Mayor Date: Attest: Kathy Haley, City Clerk Page 6 of 6 EXHIBIT A City of Sebring Recreation Facilities - Recreation Interlocal Agreement Max Long Baseball Field #1 Baseball Field #2 Baseball Field #3 Baseball Field #4 Baseball Field #5 Baseball Field #6 T-Ball Field #1 Softball Field #1 Softball Field #2 Soccer Field #1 Common Areas Pier Beach Charlie Brown Park Skateboard Park Veteran's s Beach Horseshoe Park City Hall Tennis Courts EXHIBIT B CITY OF SEBRING MAX LONG RECREATION CENTER ESTIMATED TOTAL COST FOR FY 24-25 FIELD FIELD SIZE AGE OF USERS GRASS COSTA PER YEAR BASEBALL #1 300 FT SENIOR 13-14 BERMUDA-419 $ 33,365.49 BASEBALL #2 200 FT YOUTH 6-12 BERMUDA-CLEBRATION: $ 31,826.09 BASEBALL #3 300 FT SENIOR: 13-14 BERMUDA-419 $ 33,365.49 BASEBALL #4 200FT YOUTH 6-12 BERMUDA.CELEBRATION $ 31,826.09 BASEBALL #5 300FT YOUTH 6-14 BERMUDA-419 $ 33,365.49 BASEBALL #6 300 FT YOUTH 6-14 BERMUDA-419 $ 33,365.49 T-BALL #1 80-100 FT CHILD 4-6 BERMUDA-419 $ 32,339.22 SOFTBALL #1 200 FT GIRLS YOUTH BERMUDA-419 $ 33,365.49 SOFTBALL #2 200 FT GIRLS YOUTH BERMUDA-419 $ 33,365.49 SOCCER #1 ALL BERMUDA.CELEBRATION $ 34,865.87 COMMON AREAS BERMUDA & BAHIA $ 7,014.29 TOTAL ESTIMATED COST $ 338,064.50 CITY OF SEBRING PARKS & BEACHES ESTIMATED TOTAL COST FOR FY 24-25 COST PER YEAR PIER BEACH $ 21,998.56 CHARLIE BROWN PARK $ 15,744.13 SKATEBOARDI PARK $ 5,794.52 VETERANS BEACH $ 46,538.62 HORSESHOE PARK $ 3,416.06 CITY HALL TENNIS COURTS $ 2,167.71 TOTAL COST ESTIMATE $ 95,659.60 CITY OF SEBRING - PROPOSED RECREATION BUDGET ESTIMATED TOTAL COST FOR FY24-25 COST PER YEAR TOTAL ESTIMATED COST MAX LONG $ 338,064.50 TOTALI ESTIMATED COST PARKS & BEACHES $ 95,659.60 TOTAL CITY OF SEBRING ESTIMATED COST $ 433,724.10 CITY OF SEBRING MAX LONG RECREATION CENTER ESTIMATED TOTAL COST FOR FY 24-25 FIELD FIELD SIZE AGE OF USERS GRASS COST PER YEAR BASEBALL #1 300 FT SENIOR 13-14 BERMUDA-419 $ 33,365.49 BASEBALL #2 200 FT YOUTH 6-12 BERMUDACELEBRATION $ 31,826.09 BASEBALL #3 300FT SENIOR: 13-14 BERMUDA-419 $ 33,365.49 BASEBALL #4 200F FT YOUTH 6-12 BERMUDACELEBRATON: $ 31,826.09 BASEBALL #5 300 FT YOUTH 6-14 BERMUDA-419 $ 33,365.49 BASEBALL #6 300 FT YOUTH 6-14 BERMUDA-419 $ 33,365.49 T-BALL#1 80-100 FT CHILD 4-6 BERMUDA-419 $ 32,339.22 SOFTBALL#1 200 FT GIRLS YOUTH BERMUDA-419 $ 33,365.49 SOFTBALL #2 200 FT GIRLS YOUTH BERMUDA-419 $ 33,365.49 SOCCER! #1 ALL BERMUDACLEBRATION $ 34,865.87 COMMON AREAS BERMUDA & BAHIA $ 7,014.29 TOTAL ESTIMATED COST $ 338,064.50 MAX LONG RECREATION CENTER ESTIMATED REPAIR, MAINTENANCE AND OPERATING COSTS COST PER JOB DESCRIPTION MONTH COST PER YEAR TRASH COLLECTION $ 331.12 $ 3,973.48 UTILITIES $ 4,966.89 $ 59,602.64 INSURANCE $ 364.23 $ 4,370.75 R& M- - CONTRACTS, IRRIGATION, PLAYGROUND, FENCE, NETTING, JANITORIAL, ETC. $ 1,589.39 $ 19,072.70 OPERATING SUPPLIES $ 1,423.82 $ 17,085.89 OPERATING MARKING PAINT $ 258.28 $ 3,099.42 UNIFORMS $ 29.13 $ 349.54 GAS AND OIL $ 437.08 $ 5,244.96 CHEMICAI/FERTLIER $ 1,324.51 $ 15,894.07 CLAY $ 95.35 $ 1,144.23 LANDSCAPING As Needed TOTALI REPAIR, MAINT, AND OPERATING COST ESTIMATE $ 10,819.81 $ 129,837.68 MAX LONG RECREATION CENTER ESTIMATED WAGES AND BENEFIT COSTS COST PER YEAR BASEBALL #1 $ 20,369.01 BASEBALL #2 $ 18,829.61 BASEBALL #3 $ 20,369.01 BASEBALL #4 $ 18,829.61 BASEBALL #S $ 20,369.01 BASEBALL #6 $ 20,369.01 T-BALL #1 $ 19,342.74 SOFTBALL #1 $ 20,369.01 SOFTBALL #2 $ 20,369.01 SOCCER #1 $ 21,996.52 COMMON AREAS $ 7,014.29 TOTAL WAGES AND BENEFIT COST ESTIMATE $ 208,226.82 CITY OF SEBRING PARKS & BEACHES ESTIMATED TOTAL COST FOR FY24-25 COSTPER YEAR PIER BEACH $ 21,998.56 CHARLIE BROWN PARK $ 15,744.13 SKATEBOARD! PARK $ 5,794.52 VETERANS BEACH $ 46,538.62 HORSESHOE PARK $ 3,416.06 CITY HALL TENNIS COURTS $ 2,167.71 TOTAL COST ESTIMATE $ 95,659.60 PARKS & BEACHES ESTIMATED REPAIR, MAINTENANCE, AND OPERATING COSTS COST PER YEAR PIER BEACH $ 9,053.77 CHARLIE BROWN PARK $ 3,686.42 SKATEBOARD PARK $ 3,019.21 VETERANS BEACH $ 21,433.08 HORSESHOE PARK $ 2,211.25 CITY HALLTENNIS COURTS $ 845.69 TOTAL REPAIR, MAINT, AND OPERATING COST ESTIMATE $ 40,249.42 PARKS & BEACHES ESTIMATED WAGES AND BENEFIT COSTS COSTPER YEAR PIER BEACH $ 12,944.79 CHARLIE BROWN PARK $ 12,057.71 SKATEBOARD PARK $ 2,775.31 VETERANS BEACH $ 25,105.54 HORSESHOE PARK $ 1,204.81 CITY HALL TENNIS COURTS $ 1,322.02 TOTAL WAGES AND BENEFIT COST ESTIMATE $ 55,410.18 Highlands County Expenditures By Cost Center - Detail 1 Year Center: 6101 RECREATION 2023-2 2024 2023 2024 Current EOY 2024. 2025 Fund Account Proj/Acct Title Budget Actuals Projection Request Varlance 005 54913 57200 AVON PARK $125,000 $0 $0 $125,000 0.0% CITY OFA AVON PARK RECREATION! REQUEST $125,000 005 54914 57200 SEBRING $125,000 $O $0 $125,000 00% CITY OF SEBRING RECREATION REQUEST $125,000 005 54915 57200 LAKE PLACID $125,000 $O $0 $125,000 0.0% TOWN OFL LAKE PLACID REÇREATION REQUEST $125,000 005 54955 57200 SUN NI LAKES-SEBR IMPR DIST $0 $0 $o $50,000 100.0% SUN NL LAKE -S SEBR. MPR DISTRICT REQUEST $50,000 005 54956 57200 SPRING LAKE IMPR DISTRICT $0 $0 $0 $50.000 100.0% SPRING LAKE IMPR DISTRICT $50,000 Non Personal Expenditures $375,000 $0 $0 $475,000 26.7% Center 6101 RECREATION $375,000 $0 $0 $475,000 26.7% Page 14 Expenditures By Cost Center Detail Year Wednesday. August 28. 2024 3:11PM 176 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Hannah Tucker AGENDA ITEM#: 81 F- gth Annual Sebring Fire Department Bicycle Rodeo BACKGROUND: Attached please find a Special Event Application (Attachment 1) submitted by the Sebring Fire Department for the gth Annual Bicycle Rodeo. This is a bicycle safety program for children. They are asking for the following: Establish date of event as Saturday, May 17, 2025 Establish time of event from 9:00 a.m. to 1:00 p.m. Authorize following road closures during event hours (Attachment 2) Mango Street from Municipal parking lot to alleyway between SFD and Utilities Dept. Lemon Ave from Mango Street to North Pine Street Authorize posting of parking restrictions on closed roads and parking lots as needed Authorize plaçement of signage at Circle Park advertising event The Blackmon Family has authorized use of the Wachovia Bank Parking Lot for the event. Fees for Services - There will be no fees for services. Public Works will deliver road barricades prior to close of businesses on Friday prior to the event. SFD will erect barricades for road closures and will provide services within normal staffing and by using volunteers for event. SPD will, likewise, provide services through normal staffing. REQUESTED MOTION: Approve event as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT 1 City of Sebring Page One of Two Special Event Application Section 01-Organization Information Namen of Organization Sebring Fire Department Strver Nddress City State Zip Code 301 N. Mango St. Sebring FL 33870 Ielephane-Number Fav Numher Ares sou a S(C 3 ur other non- profit Organization? DyiolMes 863-471-5105 uyes. Cory parate Name: Penoni inch hange/Contact Persen Mffilintinn Hannah Tucker City of Sebring Street Mddress City State Zip Code 368 S. Commerce Ave. Sebring FL 33870 Email Address Telephone Number Mohile Phone Number Phone Number on Das of Esent: matdereaeraset 863-381-2274 863-381-2274 Section 02- EventInformation Name of Event Event Repetition Monthly Xnnual Date(s) of Esent (mm ddsear) 8th Annual Bicycle Rodeo and Splash Day Cother: 05/17/25 Rain Dater (ifa applieable) Multi-day? IXpo Lyes Starting lime of Event Ending TimenfEsent Mryes,h how many" 9:00am 1: 00pm Desired e ncation oft the esent: a mM - in ludes anoentew map thate oulmnes thel locitlion anllgour alyolr vent Station 14 (301 N. Mango St), Wachovia Bank Parking Lot General decriptinn of thes event: Free kids event to promote bicycle safety while giving the community a chance to learn from our local First Responders. Event Participation Anticipated Number of: Participants: 500 Spectators: 300 Vendor: 6 Vchickes: 10 Vehicles / 100 Bikes Event Questionnaire- Please answer EACH question so that wer may adequately assist you with planning for your event. Issue Special Events Coordinator. Action )u your necd any sireets or madways clased for the event" I yes pemssion will be meeded to close roadways State Roado closurest rUS: 27. SRI 17 ctc) requrel IOT apprusal County and local roads require City Council or County Do KMe Commisston: appruval Doy youn need any parking iesictons cnacted for the event" Oio Xes yes", permisston tos close city parking lots andp public parkings spuces must he granted by thec city council MWillyoul be using acity park loh holdy your event" oDvet Facility: av: alability must! hes venfied and City Councal approvalr may ber required Isthes event considered" "high-risk teg seap plane lly- I, hoat races, water- "yes". safety aspectss ol the specal event need to be coordinated with public safety entites relateda athlenc esent, halloon fest, etc) o Clves Willi there bea any: specal demonstrations: at thes event"lic e slunt shows, driving I yes". safety sspecis of thes special event need to bec coordinated with public safety entities eshibitiuns, humoul contests. cte) Xko Cves Does thes event pose. any speciale concern far puble safety due lo thep presence of I es, safety aspects ul thes specral event need lo be coordinated" with publc satery entities hazardous matenals. chemicals or other conditions" Xho Cles Willt therel he. ns tireworks or pyrotechnics" Xo Cles Ies", thes sendor must be licensed: and the safets aspecis of the special event need tol be coordmated wthp public safety entities Wills sou be selling. sening or Jistnhuting: alcohol at the even!" - es. thee event needs to he licensed through the Dviston of Alcoholc Bever.gevand XjNo Dyes TohaccoiDABD) Licensure mformation cab be obtaned. JE( (850) 488 8284 Millp people be allowed tos consume alcohol whle. I your esent' es", in: addition to, an alcohol lcense, an alcohol vanance" mas have lo be granted by Xio Clves the Sebnng City Council. Will fond vendors hecooking ar sening food: at the event" Do KMes I bes. prvidet thec event coerdinator with. 1 copy ol DBPRI Form HR: 5030-034 which outlines tonl sendor nonficatinn, and INeMurerquremeIN Milli there be a band DJ ot other music entertament: at the esent" - jes", I vanance lor the city S "Nosse Ordmance might he necessars This should be vo XJves reyuested through the Schng Caty Counal Does) your esent nevessitate the usen or setup ot: any lemporary structuress sucht us es. pemmits mas he necessry and these: snuctures may havet to he inspvcted entscanopies buillings saies ct Dio Kves Wills vours event uthize the City Stage' o Dyes "yes". rental may be. amanged thrugh theCits of Schrng Dos sous want lo display or hang A11y hunners or signs abose the roadway in I es". then approsal may her necessary For hunners on state rads, IXI Buner Request reterence los yours cvent' Dio les must hec completeJ: and. appioved thes esent ammal related" 1A um al ndes. rodens, 700S, rces, ete 11, I "yes", ensure that safe and: appropnate amal handling mcasures have henj jut In place Dvo Cves . Local road closures require application submittal 30 days prior to event"" : State road closures require application 45 days pnior to event "Return Hold Harmless Agreement City of Sebring Page Two of Two Hold Harmless Agreement Imdemnificatin/lal Harmless Apreement Applicant hereby agrees to indemnity and hold the City of Sebring ("City") harmless from any and all damages, loss or liability occurring by reason if any injury to any person or damage to property which may occur as a result oft the special event by Applicant or its oflicers, 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. guesis, employces, invitees, or persons contracting with any ofthem and Applicant will, at its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed to 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 ofthem or by an act or omission, neglect, or wrongdoiny of Applicant or its oflicers, employ ees, 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 ot'the special event by Applicant or its officers, employees, agents, representatives. guests. invitees, or persons contracting with any of them. frequired by City Council. Applicant agrees to maintain liability insurance for the event 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 insured on Applicant' S liability policy and will prov ide a current Certificate ofInsurance prior tot the event as evidence of'Applicant s compliance. In any action brought for the enforcement ofthe 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 and including appeal from Applicant. Hannah Tucker PIO Printey Nang Relationship to Event Organization - pc 4-7-25 Gotkss ghature Date Witness M * e ATTACHMENT2 Se 8th Annual Bicycle Rodeo & Splash Day JHOR 3 0 RTNC e NA Pine St 6 Boner Outfitters S Children's Museum, a - oft the Highlands 228 N. Ridgewood Drive M Pe - % do Linda's s Books and Stuff @ NA Mangos S First Baptist Church Shear Vintage Hair House City of Sebring UE fies Selyg Fire Department e Dee's Place à MHan J M St. Vincent de % Ave S - Paul Soclety e Center 2 C a 1o Stefan E: Schult W Crcle N Aflac Insurance Agent Ave Chinese E Center A Sebring Squarel Lo Pf pve 8 C Legend e Rose Ave Local Road Closure The News Sun - ve e Parking Restrictions CIity of Sebring Ullitles Drive-thru St Google N ( 9 Not tos scale a 6 EVENT AREA NG S * CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Diana Albritton AGENDA ITEM#: 8 G. - Light the Circle Pink Special Event BACKGROUND: Attached please find a Special Event Application submitted by Knotty Girl for the Light the Circle Pink Event to be held on October 4, 2025. The organization works to educate on the importance of monthly breast self-checks for the early detection of breast cancer. They are asking for the following: 1. Establish date ofevent as Saturday, October 4, 2025 2. Establish time of event from 3:00 p.m. to 8:00 p.m. 3. Authorize following road closures from 12:00 p.m. to 10:00 p.m. (See Attachment #A map) North Commerce from Circle Park Drive to Wall Street West Center from Circle Park Drive to Wall Street South Ridgewood from Circle Park Drive to Wall Street South Commerce from Circle Park Drive to Wall Street East Center from Circle Park Drive to Wall Street North Ridgewood from Circle Park Drive to Wall Street 4. Authorize posting of parking restrictions on closed roads 5. Grant permission to hang banners at Circle Park for the event 6. Authorize use ofthe City ofs Sebring Stage 7. Authorize use ofCircle Park 8. Change the color of lights on the Circle to pink for the month ofOctober The event will include special performances from Highlands Lakeside Theatre, live music, movie showings in Circle Theatre, a car and truck show and food trucks. Fees forServices - There will be no fees for services. Public Works will deliver road barricades and trash cans prior to close of business on Friday prior to the event. SFD will provide services within normal staffing 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. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER City of Sebring Page One o Special Event Application Section 01 - Organization Information Name of Organization Knoty GOLL Louo Street Address City State Zip Code P.o. b08 9223 Sebring 5 872 U Telephone Number Fax Number Are you a 501(C 3 or other non-proflt Organization' 843 38 870 lyes, Corporate Nane: Kno HyGIRILOV Personi in Charge Contact Person Affiliation una Albritton Street Address Stale Zip Code Sunyl we- 4o UM& Emall Address Telepbpne Number Mobl Phpge Nymber Phone Number on Day of Fvent: a bR Hn KMCK 5170 843 5 38L 8170 a - AM 1n 6 Section 02. - Event Information Name of Event Event Repetition JMonthly ennual Date(s) of Event (mm/dd/ycar) h AAnu VG Whinhe Ciedo Pnk pther: 10 - 04-202 5 Rain Date (if applicable) Multi-day? ZoLkes Starting Time of Event Ending Time afEvent M/A lfyes. how many? - po Bpnh. Dggired Location oft the event: You must ino lude an oventor map that outlmes the layatin 1 mil luje o/ our cg n COn-mer ( u d noy 3 nhaul WIROT Cyaka Smkh RI wo Ou Eust Cecta nors C General description of the event: Cant Vuc shvy Ewnt wrtn R 000 MuKo-gn possi bLR Tent - BE2GRA at Sr5. Lwnto popyp AAKIS KRiRR GARR Rcems nAt Dink. Event Participation Anticipated Number of: notswe pannins Stryes w Vn u a Participants: Spectators: Vendors: Vehicles: Event Questiannaire- - Please answer EACH question 5o that wer may adequately assist you with planning for your event. Issue Special Events Coordinator. Action Doy you need any streets or roadways closed for the event? IF'yes" pernission willl ber nceded to close roadways. State Road closures (US 17. etc)r require DOT approval. County and local ruads require City Council or Co Jo (ves Commission upproval. CA Hrw Shw ( akcg Du your need any parking restrictions enacted for thc event? ONo yes Ir"yes", permission to closc city parking lots and public parking spaces must thec city council Willy you be using a city park to hold your cvent? No he Facility availability must be verified and City Counci appro val may ber required. Ist the event considered high-risk" 7(c & sca plane fly-in, boat races, water- r"yes", safcty aspecis of the special event need to be oordinated W th pub 1C related athletic cvent, balloon fest, ctc) No Des Willt there be any special demonstrations. at the event? (ie. stunt shows. driving fyes",s safety aspecis of the special event need to bc oordinated W thp P blic exhibitions, bumout cuntests, cte) o Cves Docs the event pose any special concem for public safety duc to the presenee of fyes".s safety aspects of the special event need to be coordinated W th p bic hazardous materials, chemicuis or other conditions' PNo CVes Willl there be any fireworks or pyrotuchnics? D6No Dres r'yes", the vendor must be licensed and the safcty uspects f the special even! coordinaled with pubtic safcty cntitics. Will you be selling. scrving or distributing alcohol at the cvent? bo Dies yes", the event necds to be licensed through the Division ot Mcohohc Beve Tubacco (DABT). Licensure infirmation cab be obtained at (850) 433 8284 Willip pcople be allowed to cun ume alcohol while at your cvent? I "yes", in uddition lo an alcohol license, un "alcohol vanance may have to bc Xio es the Sebring City Council. Will food vendors bet o "g a serving food ati thecvent Ool ves "yes".r provide the event coordinator with a cupy of DBPR Form HR 5030-0 U yw 51 outlines food vendor notification and licensure requirements Willt there be a band, DJ or other musicentertainment: at thc cvent? I" yus", variance for the city's "Noise Ordinance might bc nevssary. Thiss JNo Yes requested through the Sebring City Council Docs your event necessitate the usc or sctup of any temporary structurss suohgs r"yes", pemmits may he necessary und thesc structures may havet tu be pec tents, canopics, buildings, sLages.cte CNo Bs Willy your cvent utilize the City Stage? No bSe es" rent ali may be arunged through the Cityof Sebring Dos you want to display or hang. uny! banners ur signs above the roadwayi iy N If )es" then upproval my he necessiry. For banners on state rads DOT reference luy your event? Barners JNo ys must be completed and appruved. Ist thec event "animal rclated (unimal rides, rodcos, ZANOS, races, cte.) "So IF" es" cnsure that safe and opprupriute uninal handling measutes have ben DVes : a Local road closures require application submittal 30 days prior to event"" . State road closuros require application 45 days prior to event "Return Hold Harmless Agreoment City of Sebring Page Two of Two Hold Harmless Agreement Indemnifeatinn/old Harmless Agreement Applicant hercby agrees to indemnify and hold the City of Sebring ("City") harmless from any and all damages, loss or liability occurring by reason ife any injury to any person or damage to property which may occur as a result ofthe special event by Applicant or its officers, agents, representatives, guests, employces, 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, employces, invitces, or persons contracting with any oft them and Applicant will, at its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed to have arisen as a result of or in conncction with the special event by Applicant or its officers, agents, representatives, guests, employees, invitces, or persons contracting with any ofthem or by an act or omission, neglect, or wrongdoing of Applicant or its officers, employees, agents, representatives, guests, invitees, or persons contracting with any oft 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 oft the special event by Applicant or its officers, employces, agents, representatives, guests, invitees, or persons contracting with any of them. Ifrequired by City Council, Applicant agrees to maintain liability insurance for the event in an amount of at least $1,000,000 combined single limit coverage of Bodily Injury and Property Damage. Applicant will have the City named as an additional insured on Applicant' S liability policy and will provide a current Certificate of Insurance prior to the event as evidence of Applicant' S compliance. 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 and including appeal from Applicant. Knoh Hbrallaves) Daa Albaitton fourlce Printed Name Rclationghip to Event Organjzation ah Alba 3labr Rinh d Signature Date Witnèss 410 7pm - $ Cas Shmo CVuik Cive uP 330 7130 lynf-gnno 5BA)TO Tam to 6u joiua. b 3O 04445 TE SLK fam FMST Mvyinto 3-80 nve 6 Light The Circle Pink SAARR 5 C St Road Closure and Detour 17 Park / 6 Lime St - / e - / Fe 1 A Pars Children's Sebring Museum of D 1 Middle School the Highlands *A - RLo e Ave Sebring - Center Fire Dept St X sa A N Nasiurlu J AN Center Highl ds S Highlands a Art Le ue SWall Rose Ave Little Theatre 0 / es - Rvo o Highlands County m 6 Legend Ase S State Road Glosure 6 Local Road Glosuve S Parilng sestilelluns - a / & - 9 9 Northbound Detour d Southbound Detour So a - nve 4 Light The Circle Pink S C 17 SAReA St Event Site Park / 6 Lime 9 St a / e / € F 5 1 - Park Children's Sebring Museum of D M e Middle School the Highlands *A - e - 36 ab Ave Staging Area E Cenler pt SI S In X - VaMelesl Meet-up vehicles will stage here. A N lum Out At the appolnted time they wlll Vehicles be escorted Into the event area Center AV to thelr assigned parking locations Highh ds around Circle Park Drive Highlands Art Les ue SWall S A a 6 voSe Ave - Little Theatre S 0 - to / Ro Highlands County m Shenff's Office - Svo G Highlands " & - ase Legend S - Event Avea Meet-up Vehicle Staging Area 0s a SEBRING POLICE DEPARTMENT ESTIMATE 307 North Ridgewood Drive, Sebring, Florida 33870 DEPART (863) 471-5108 LAW ENFORCEMENT SERVICES RELATING TO: Knotty Girl Loves Inc. Light the Circle Pink % BPRLT OP P.O. Box 8223, Sebring, FL 33872 863) 381-8170 ESTIMATE NUMBER 20256-LTCP-01 btosadeatinion ESTIMATE DATE March 25, 2025 EVENT DATE October 4, 2025 Qty. Hours Description Unit Price Amount 1.00 5 Police Officer @ $45 per hour (3:00 PM - 8:00 PM) $ 35.00 $ 175.00 1.00 5 SPD Marked Patrol Vehicle $ 5.00 $ 25.00 THIS IS NOT A BILL / INVOICE SUBTOTAL $ 200.00 TOTAL $200.00 DIRECT INQUIRIES REGARDING ESTIMATE TO: Police Inspector Tommy Haralson (863) 471-5108 email: ompaatonempetmgon A Tradition of Professional Law Enforcement Dedicated to Family and Community! CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Kathleen Border AGENDA ITEM#: 8 H- Special event for a Water Experience for Individuals with Disabilities BACKGROUND: Kathleen Border, Chief Executive Officer for Ridge Area Arc, is on your agenda to request approval of Fire Department Personnel and the City boat to provide safety assistance to individuals with disabilities who will be experiencing a water experience utilizing special handicap assessable no-tip jumbo canoes. The event is scheduled to take place May 30, 2025 from 8:00 a.m. to 1:00 p.m. at Veteran's Beach. Attached please find the tollowing information: Attachment 1 Special Event Application REQUESTED MOTION: Approve event as presented. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT 1 City of Sebring Page One of Two Special Event Application Section 01 - Organization Information Nameo of Organization Ridge Area Arc Inc Street Address Cily State Zip Code 4352 Independence St Avon Park Florida 33825 Telephone Number Fax Number Are you a: 501(C)3 or other non-profit Organization? Uoles 863-452-1295 863-452-5244 I yes, Corporate Name: Person in Charge/ Contact Person Affiliation Kathleen Border Street Address City State Zip Code same Email Afdress Telephonel Number Mobile Phone Number Phone Number on Day of Event: Konder@ndgeraarcog 863-452-1295 863-368-1985 Section 02-1 Event Information. Name of Event Event Repetition Monthly JAnnual Date(s) of Event (mm/dd/year) Hearlland Peacemaker Paddle Dother: May 30, 2025 Rain Date (if applicable) Multi-day? LXNo Les Starting Time of Event Ending Time of Event Ifyes, how many? 8 am 1 pm Desired Location of the event: )ou ININI me ink d mmervic map tn ulimes the lact um rindl luvents a! sre ce. Veteran's Beach General description of thee event: Handicap, oversized canoes will launch at vets beach and travel along the shoreline doing and retuming to vets beach. We request the assistance of the fire department and their boat for safely and in an abundance of caution. Event Participation Anticipated Number of: Participants: 36 Spectators: 50 Vendors: Vehicles: Event Questionnalire - Please answer BAÇH question so that we may adeguately assist you with planning for your event. Issue Special Events Coordinator. Action' Doy your need any streets or roadiays closed for the event? F"yes'. permission will ber needed to close roadways. State Road closures (US 27, SR 17, [%o Ces cte.)r require DOT approval. County and local roads require City Council or Counly Commissiona approval. Doy your need any parking restrictions enacted for the event? Do Cies pr'yes". permissiont to close city parkingl lois Rnd public parking spaces must be granted by the cily council Willy youl be using a city park to! hold your event? o Cel Facilitys availability must be verified and City Council approval may be required. Ist the event considered' "high-risk" "?(.g sea-plane lly-in, boat races, water- If'yes".s safety: aspecis ofthe speciole event need to be coordinated with public safety entities. related athletic event, balloon fest, etc.) Co Cves Will therel be any special demonstrations: at thee event?( (ie. slunt shows, driving r'yesis safety aspects oft the special event need to be coordinated with public safety entities. exhibitions. burnout contests, etc.) DKo Oyes Doest the event pose any special conçern for public safety duet tot the presenceof IF"yes',s safely aspects oft the special event need tol be coordinated with public safely entities. hezardousn materials, chemicals or other conditions? Xo Cves Willt there bes any fireworks or pyrotechnics? Co Ces If"yes", the vendor must be liçensed andt thes safetya aspecis of the special event need to be coordinated with public safety entities. Willy you be selling, serving or distributing alcohol att the event? F"yes". the event needs tol bel licensed through the Division ofA Alcoholic Beverages and DNo Cles Tobacco (DABT). Licensure infonmation cab be obtained at (850) 488-8284. Willp people! bes allowed to consumes alcohol while at your event? F"yes", in addition to an alcohol license, an' "alcohol variance" may have to be granted by Co Oes the Sebring City Council. Willf food vendors be cooking or serving food at the event? Do Dies F"yes". provide the event coordinator with a copy of DBPR Form HR 5030-034 which outlines food vendor notifiçation and licensure requirements Willt there be a band, DJ or other musiclenterlainment. at the event? (f"yes", a variance for the cily's "Noise Ordinance" might! ber necessary. This should be CXo O Yes requesied through the Sebring City Council. Does) youre event necessitate the use or setup ofe any temporary structuress such as "f'yes", : permits may be necessary and these structures may have tol bei inspected tents. canopies, buildings.s SIAges.etc.? Do Oyes Willy youre event utilize the City Stage? Xo Dles F"yes', rental may bes arranged throught the City ofS Sebring. Doy you want to display or hang any banners or signs abovet the roadwayi in Ir"yes", then opproval may ber necessary. For banners on state roads, a DOT Banner Request reference to your event? DNo Cves must bec completed and approved. Isthee event' "animal related" (animal rides, rodeos, zoos, raçes, etc.)? C6o r"yes". ensure that safe and appropriate animal handling measures have been put in place. Clves ** Local road closures require application submittal 30 days prior to event"* * State road closures require application 45 days prior to event *** *Retum Hold Harmless Agreement City of Sebring Page Two of Two Hold Harmless Agreement Indemnification/old Harmless Agreement Applicant hereby agrees to 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 of 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 ofthem and Appliçant will, at its own cost and expense, defend and protect the City against any and all claims or demands which may be claimed to 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 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 of the special event by Applicant or its officers, employees, agents, representatives, guests, invitees, or persons contracting with any ofthem. If required by City Council, Applicant agrees to maintain liability insurançe for the event in an amount of at least $1,000,000 combined single limit coverage of Bodily Injury and Property Damage. Applicant will have the City named as an additional insured on Applicant's liability policy and will provide a current Certifiçate ofInsurance prior to the event as evidence of Applicant's compliance. In any action brought for the enforcement oft the 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 Applicant. Kathleen Border Chief Executive Officer Printedi Name Relationship t0 Event Organization Bok 5 Signature Date Witness DATE (MM/DDMYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 03-31-2025 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 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provislons or be endorsed. I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu ofs such endorsementis). PRODUCER ACT Macy Gorrell / Sara Humphries Hylant Group Inc PHONE 419-259-2710 FAX 811 Madison Ave AGANO.Ex LAG.No) 419-255-7557 E-MAIL Toledo OH 43604 ADDRESS: Rolary@hylant.com INSURERIS) AFFORDING COVERAGE NAICE INSURERA: Westchester Surplus Lines Insurance Company 10172 Insured INSURERE B: All Active US Rotary Clubs & Districts INSURER C: Attn: Risk Management Dept. INSURER D: 1560 Sherman Avenue INSURER E: Evanston, IL 60201-3698 INSURERE F: COVERAGES CERTIFICATE NUMBER: 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 SHOWN MAYI HAVE BEEN REDUCEDI BYF PAID CLAIMS. REF TYPE OF INSURANCE TADDLISUBR INSD wVD POLICYNUMBER (MMD POLICYE DYYY EFF. KPIEYEA EXP LIMITS A x COMMERCIAL GENERALLIABILTY Y G73578917003 7/1/2024 7/1/2025 EACHOCCURRENCE $2,000,000 DAMAGETORENTED CLAIMS-MADE OCCUR PREMISES (Ea ocourrence) $500,000 X Liquor Llability! Included MEDE EXP (Any one person) $ PERSONAL &A ADVI INJURY $2,000,000 GENL AGGREGATEI LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 x POLICY PRO: JECT LOC PRODUCTS. COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILEUABUTY Y G73578917003 7/1/2024 7/1/2025 CONBNEDSNGIEUNI (Eaaccident) $2,000,000 ANY AUTO BODILYI INJURY (Per person) $ AUTOS OWNED ONLY AUTOS SCHEDULED BODILY INJURY (Per accident)] $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per aocident) $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER ANDE EMPLOVER8" LABILITY STATUTE P YIN TRECTASOINE GFICEANEMEREXCNOEDT NIA ELE EACHACCIDENT $ (Mandatory inl NH) E.L. DISEASE- EAE EMPLOYEE $ lfyes, describe under DESCRIPTIONC OF OPERATIONS below E.L. DISEASE .1 POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ /LOCATIONS! IVEHICLES (ACORD 101, Additional Remarks Schedule, mayb bes attached lfmoros space Is requlred) The Certificate Holder is included as an additional insured where required by written contract or permit subject to the terms and conditions of the general liability policy, but only to the extent bodily injury or property damage is cause in whole ori in part by the acts or omissions of the insured. CERTIFICATE HOLDER CANCELLATION Removing the Barriers Initiative, Inc. SHOULD ANY OF1 THE ABOVE DESCRIBED! POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The Rotary Club of Avon Park, FI ACCORDANCE WITHTHE POLICYPROVISIONS. 2025 Buddy Paddle of Lake Jackson AUTMOREDREPRESENIAIME May 30, 2025 K. waloon ucg 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Stewart AGENDA ITEM#: 8I-Liaison Assignments BACKGROUND: Please be informed that President Stewart made the liaison assignments for City Departments and other governmental agencies or community groups. These lists are attached. By voting to approve these lists, you are approving the Councilmember to have voting rights on certain committees. REQUESTED MOTION: Approve lists and voting rights as presented. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY COUNCIL DEPARTMENTAL LIAISON ASSIGNMENTS April 2025 - March 2026 CITY ADMINISTRATION: Kathy Haley, City Clerk/Treasurer Scott Noethlich, City Administrator Penny Robinson, Asst. City Administrator Liaison: STEWART BUILDINGIZONING DEPARTMENT: Liaison: KOGELSCHATZ FIRE DEPARTMENT: Bobby Border, Fire Chief Liaison: BISHOP GOLF COURSE/MAX LONG FIELD/PRO SHOP: Fred Tucker, Golf Pro Liaison: CARLISLE POLICE DEPARTMENT/CODE ENFORCEMENT: Karl Hoglund, Police Chief Liaison: HAVERY PUBLIC WORKS DEPARTMENT maisuidimsygpumiyald waste): Steve Kramer, Public Works Director Liaison: STEWART UTILITIES DEPARTMENT water/sewer/ceustome: service): Bob Boggus, Utilities Director Liaison: BISHOP CITY COUNCIL LIAISON TO OTHER GOVERNMENTAL AGENCIES OR COMMUNITY GROUPS 1. Central Fla. Regional Planning Council HAVERY (mtgs 6/11 ,8/6, 10/8, 12/10 @ 9:30 am) Bartow, Wauchula, Okeecobee, TBD 2. Community Redevelopment Agency (2nd and 4th Monday - 5:30 pm) KOGELSCHATZ 3. Historic Preservation Commission STEWART (2nd Thursday - 5:00 p.m.) 4. Greater Sebring Chamber of Commerce KOGELSCHATZ (2md Thursday-12:00 p.m.-lunch mtg. Island View Rest) Mixer - 3rd Thursday 4-6 pm place-TBD 5. Highlands County Commissioners: STEWART (1S& 3rd Tuesday - 9:00 a.m.) 6. Sebring Airport Authority: CARLISLE (3td Thursday - 1:00 pm) 7. Public Risk Management BISHOP Alternate: ROBINSON (quarterly mtgs.) 8. High.Co.Recreation Comm (RPAC) CODY HIGGINS (County appointed- exp.12/31/26) 9. Tourist Development Council STEWART (ISt Thurs-8:15 am) 10. City Health Insurance Committee STEWART (quarterly mtgs) SHOOP HALEY 11. Heartland Regional Transportation Planning Org. HAVERY (mtgs: 10:00 am Co.Comm. Boardrom-quartery, Alt.: STEWART 12. High. Co. Local Mitigation Strategy Work Group P.W.J DIRECTOR KRAMER (quarterly - 8:00 am - Ag Center - Room 1) Alt.: NOETHLICH 13. Avon Park Air Force Joint Land Use Comm. CARLISLE CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Noethlich AGENDA ITEM#: 8J - Proclamation: Water Conservation Month BACKGROUND: Please find attached a Proclamation observing the month of April 2025 as Water Conservation Month. REQUESTED MOTION: None requested; Mayorial Proclamations do not require Council approval. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER Proclamation WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State ofFlorida, Water Management Districts and the City of Sebring are working together to increase awareness about the importance of water conservation; and WHEREAS, The City ofs Sebring and the State of Florida has designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, The City ofs Sebring has always ençouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community. NOW, THEREFORE, be it resolved that by virtue of the authority vested in me as Mayor of the City of Sebring do hereby proclaim the month of April 2025 as Water Conservation Month in the City of Sebring, Florida and is calling upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. In witness thereof, I have hereunto set my hand and caused the great seal ofthe City of Sebring, Florida this 15th day of April in the year of Our Lord two thousand twenty-five. John Shoop, Mayor ATTEST: Kathy Haley, CMC, City Clerk CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: May 6, 2025 PRESENTER: Kramer AGENDA ITEM#: 8 K - Reclassifying Public Works Position from Maintenance Worker III to Maintenance Worker II BACKGROUND: This reclassification is being proposed based on a departmental assessment of current operational needs, workload distribution, and staffing levels. The duties assigned to the position more closely align with the Maintenance Worker II classification. The adjustment will support more efficient task allocation and better reflect the scope of responsibilities expected from the role. The reclassification will result in cost savings due to the lower salary range of the Maintenance Worker II classification. REQUESTED MOTION: Staff recommend that the City Council approve the reclassification of one Maintenance Worker III position to Maintenance Worker II in the Public Works Department. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Robinson AGENDA ITEM#: 8 L - CDBG-MIT Engineer Consultant Services Agreement - Highlands Homes Water Distribution Upgrades (MT057) BACKGROUND: On May 7, 2024, Council accepted the Staff recommendation to award engineer contracts for the CDBG-MIT projects. Staff was instructed to negotiate individual contracts. The contract for this project was delayed due to changes in scope requiring additional funding and approval from Florida Commerce. The amendment was received from Florida Commerce and approved by Council on February 18, 2025. The attached consultant services agreement has been approved by Florida Commerce and is executed by Mason Cobb, Cool & Cobb Engineering Company for Council consideration. Engineer Consultant Services Agreements (Attached): MT057 - Highlands Homes Waterline Upgrades = Cool & Cobb Engineering REQUESTED MOTION: Approve Consultant Services Agreement as presented for engineering services related to CDBG-MIT Project MT057. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CONSULTANT SERVICES AGREEMENT (Project 8 - Water Distribution System Upgrades - Highlands Homes CDBG-MIT Project MT057) THIS AGREEMENT is made this day of 2025 by and between CITY OF SEBRING, a Florida municipal corporation, (herein called "City") and COOL AND COBB ENGINEERING COMPANY, a Florida corporation, (herein called "Consultant"). In consideration of the mutual promises made herein and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as set forth below. I. City issued RFQ 24-002 describing the scope of work for professional services. Consultant responded and was ranked and ultimately selected as the most highly qualified to perform the work. The "Contract Documents" consist of this Agreement, Attachment I - General Terms and Conditions, Attachment 2 - Legal Provisions, and Attachment 3 - Description ofthe Project scope and fee, and all Modifications issued subsequent hereto. The Contract Documents form the "Contract." ? The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral, including the proposal documents. The Contract may be amended or modified only by a Modification. A "Modification" is a written amendment to the Contract signed by both parties or a change order. 2. City shall designate a representative who has authority to represent City in all matters encompassed by the Contract. City shall reasonably provide Consultant with information requested by Consultant in writing. City shall make all payments due Consultant under the Contract Documents within 30 days of approval thereof. 3. Scope of Work. See Attachment 3. 4. Compensation. Consultant shall be paid $509,200.55, which includes all fees, costs, charges, and expenses, for satisfactory of the Scope of Work. 5. The term of this Agreement is thirty-seven (37) months, beginning April 15, 2025, and ending May 9, 2027, unless sooner terminated as provided in the Contract Documents or extended by agreement of the parties. 6. The Contract may be terminated as provided in Attachment 1, and in the event City does so, Consultant shall grant City unlimited license to use the Work Product to complete any on-going projects, conditioned on the following: A. Use by City ofthe Work Product is at City's sole risk and without liability or legal exposure to Consultant or anyone working by or through Consultant, including design professionals. B. Consultant is paid by City all monies due under subparagraph 5 above. 7. All documents provided by Consultant to City shall be in both hard copy and in digital, hyperlink formats. 8. PURSUANT TO 558.0035 F.S., AN AGENT OR INDIVIDUAL EMPLOYEE OR AGENT OF COOL AND COBB ENGINEERING COMPANY CANNOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES CONTRACT OR THE PERFORMANCE OF PROFESSIONAL SERVICES HEREUNDER. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals. WITNESSES: CITY OF SEBRING, a Florida municipal corporation Printed Name: By: Roland Bishop, Council President Attest: Printed Name: By: Kathy Haley, City Clerk (corporate seal) COOL AND COBB ENGINEERING Prined Name EosaL.Criss COMPANY, a Florida corporation Vaxken Kekunang By: Printed Name: Earlene Bobinson JamewMason Cobb, President (corporate seal) 2 ATTACHMENT 1 GENERAL TERMS AND CONDITIONS TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SEBRING AND COOL AND COBB ENGINEERING COMPANY DATED 2025 This Attachment contains the general terms and conditions for the Contract for Consultant Services Agreement (herein referred to as the "Contract") dated 2025, between the CITY OF SEBRING, a Florida municipal corporation (herein referred to as the "CITY") and COOL AND COBB ENGINEERING COMPANY, a Florida corporation, (herein referred to as the "CONSULTANT). ARTICLE 1 - PAYMENTS TO CONSULTANT The CONSULTANT will bill the CITY at the amounts set forth in the Schedule of Payments for services rendered toward the completion of the Scope of Work on a monthly basis. The amounts billed shall represent the approximate completion of services outlined in the Scope of Work developed for each authorization. ARTICLE 2 - REIMBURSABLES "Out-of-Pocket" expenses will be reimbursed in accordance with the list of the types of expenditures eligible for reimbursement. All requests for payment of "out-of-pocket" expenses eligible for reimbursement under the terms of the Contract shall include copies of paid receipts, invoices, or other documentation acceptable to the CITY. Such documentation shall be sufficient to establish that the expense was actually incurred and necessary in the performance of the appliçable Scope of Work. Any travel, per diem, mileage, meals, or lodging expenses which may be reimbursable under the terms ofthe Contract will be paid in accordance with the rates and conditions set forth in Section 112.061, Florida Statutes. ARTICLE: 3 - PAYMENT OF INVOICES Prior to payment, invoices received from the CONSULTANT pursuant to the Contract will be reviewed and approved by thei initiating department, indicating that services have been rendered in conformity with the Contract or applicable Consultant Services Agreement. Invoices must reference the current purchase order number (ifany). Payment shall be made in accordance with the Consultant Services Agreement for specific projects. ARTICLE 4 - TRUTH-IN-NEGOTIATION CERTIFICATE The signing of the Contract and any Consultant Services Authorization by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Contract and that Consultant Services Authorization are accurate, complete and current as oft the date ofthe Contract and that Consultant Services Authorization. The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to the inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The CITY shall exercise its rights under this "Certificate" within one year following final payment. 3 ARTICLE: 5 - TERMINATION The Contract may be terminated by the CONSULTANT upon 30 days prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms ofthe Contract through no fault ofthe CONSULTANT. It may also be terminated by the CITY with or without cause upon 30 days written notice to the CONSULTANT. Unless the CONSULTANT is in breach ofthe Contract, the CONSULTANT shall be paid for services rendered to the CITY through the date of termination. After receipt ofa Termination Notice and cxcept as otherwise directed by the CITY, the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of terminated work. C. Transfer all work in process, completed work, and other material related to the terminated work to the CITY. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 6 - PERSONNEL The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under the Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. All ofthe serviçes required hereunder shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and. if required. authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONSULTANT': S key personnel as may be listed herein must be made known to the CITY's representative and written approval granted by the CITY before said change or substitution can become effective. ARTICLE 7 - KEY PERSONNEL ASSIGNMENT The CONSULTANT and the CITY agrec to assign the following key personnel required to perform the services necessary under the Contract: Contact Person for the Consultant James "Mason" Cobb. P.E. Cool and Cobb Engineering Company 203 West Main Street Avon Park, FL 33825 Contact Person for CITY City Administrator City of Sebring 368 South Commerce Avenue Sebring, FL 33870 ARTICLE 8 - SUBCONTRACTING For any specific project, the CONSULTANT reserves the right to select necessary subcontractors. The CITY reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities ofany subcontractors in order to make a determination as to the capability 4 ofthe subcontractor to perform properly under the Contract. The CONSULTANT is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. If a subcontractor fails to perform or make progress, as required by the Contract, and it is necessary to replace the subcontractor to complete the work in a timely fashion, the CONSULTANT shall promptly do sO, subject to acceptance oft the new subcontractor by the CITY. ARTICLE 9. - FEDERAL AND STATE TAX The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will sign an exemption certificate submitted byt the CONSULTANT. The CONSULTANT shall not be exempted from paying sales tax to its suppliers for materials to fulfill contractual obligations with the CITY, nor shall the CONSULTANT be authorized to use the CITY's Tax Exemption Number in obtaining such materials. The CONSULTANT shall be responsible for payment of its own taxes. ARTICLE 10 - AVAILABILITY OF FUNDS The obligations of the CITY under the Contract are subject to the availability of funds lawfully appropriated for its purpose by the City Council of the CITY OF SEBRING. ARTICLE 11 - INSURANCE A. The CONSULTANT shall not commence work under this Contract until it has obtained all insurance required under this paragraph and that insurance has been approved by the CITY. B. All insurance policies shall be issued by companies authorized or approved to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the commencement of work under the Contract. The Certificates shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classifications required for strict compliance with this Article. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under the Contract. C. The CONSULTANT shall purchase and maintain professional liability or malpractice or errors or omissions insurance with minimum limits of$2,000,000 per occurrence and annual aggregate. Ifa claims made form of coverage is provided, the retroactive date of coverage shall be no later than the inception date of claims made coverage, unless the prior policy was extended indefinitely to cover prior acts. Coverage shall be extended beyond the policy year either by a supplemental extended reporting period (ERP) ofas great duration as available, and with no less coverage and with reinstated aggregate limits, or by requiring that any new policy provide a retroactive date no later than the inception date of claims made coverage. D. The CONSULTANT shall maintain, during the life of the Contract, comprehensive general liability insurance in the amount of $1,000,000 per occurrence to protect the CONSULTANT from claims of property damages which may arise from any operations under the Contract whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. E. The CONSULTANT shall maintain, during the life of the Contract, comprehensive automobile liability insurance in the amounts of $500,000 combined single limit for bodily injury and property damage to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance ofowned and non-owned automobiles, including rented automobiles whether such operations be by the 5 CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. F. The CONSULTANT shall maintain, during the life ofthe Contract, adequate Workman* s Compensation Insurance and Employer' 's Liability Insurance in at least such amounts as are required by law for all of its employees performing work for the CITY pursuant to the Contract. G. All insurance. other than Professional Liability and Workman's Compensation, lo be maintained by the CONSULTANT shall spccifically include the CITY as an "Additional Insurcd". ARTICLE 12 - STANDARDOF CARE The CONSULTANT covenants that all services shall be performed by skilled and competent personnel to generally accepted professional standards under similar conditions. ARTICLE 13 - INDEMNIFICATION Subject to limitations of Florida law, the CONSULTANT shall indemnify and hold harmless the CITY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees. to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the Contract. CONSULTANT's liability for indemnification shall be limited to $2,000,000.00. ARTICLE 14 - SUCCESSORS AND ASSIGNS The CITY and the CONSULTANT each binds itself and its partners, successors. executors. administrators and assigns to the other party ofthe Contract and to the partners, suçcessors, executors. administrators and assigns of such other party, in respect to all covenants of the Contract. Neither the CITY nor the CONSULTANT shall assign, convey or transfer its interest in the Contract without the written consent of the other. which shall not be unreasonably withheld. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent ofthe CITY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the CONSULTANT. ARTICLE 15 - REMEDIES The Contract shall be governed by the laws of the State of Florida. Any and all legal action neçessary to enforce the Contract will be held in Highlands County, Florida, and the Contract will be interpreted according to the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or by statute or otherwise. No single or partial exercise by any party ofa any right, power. or remedy hereunder shall preclude any other or further exercise thereof. ARTICLE 16 - CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, consistent with the intent and declaration of policy stated in Section 112.311, Florida Statutes. The CONSULTANT further represents that no person having any interest shall be employed for said performance. The CONSULTANT shall promptly notify the CITY in writing ofp potential conflicts ofinterest fora any prospective business associations, interest or other circumstances which may influence or appear to influence the CONSULTANT'S judgment or quality of services being provided under a specific Consultant Services Agreement. Such written notification shall identify the prospective business association, interest or circumstance. 6 the nature of work that the CONSULTANT may undertake and request an opinion ofthe CITY as to whether the association, interest or circumstance would, in the opinion ofthe CITY, constitute a conflict ofi interest if entered into by the CONSULTANT. The CITY agrees to notify the CONSULTANT of its opinion by certified mail within 30 days of receipt of notification by the CONSULTANT. If, in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the CONSULTANT, the CITY shall sO state in the notification, and it shall be deemed not to be a conflict of interest with respect to services provided to the CITY by the CONSULTANT under the terms of the Contract. ARTICLE 17- EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the CONSULTANT's control and without its fault or negligence. Such causes may include, but are not limited to: acts of God, the CITY's omissive and commissive failures; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. The CONSULTANT shall be responsible for the timely completion of subcontractor's work. Upon the CONSULTANT's request, the CITY shall consider the facts and extent of any failure to perform the work and, ifthe CONSULTANT's failure to perform was due to causes reasonably beyond the CONSULTANT's control and without its fault or negligence, the Contract Schedule and/or other affected provision ofthe Contract shall be revised accordingly, subject to the CITY's rights to change, terminate, or stop any or all of the work at any time. ARTICLE 18 - ARREARS The CONSULTANT shall not pledge the CITY's credit or make the CITY a guarantor of payment or surety for any contract, debt, obligation,j judgment, lien or any form ofi indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of the Contract. ARTICLE 19 = DISCLOSURE AND OWNERSHIP OF DOCUMENTS So long as CONSULTANT is paid for its Work, the CONSULTANT shall deliver to the CITY, if requested, reproducibles and computer files of all final documents and materials prepared by and for the CITY under the Contract, including, but not limited to, Consultant Services Agreement, Project Specifications, and Record Drawings. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the CITY or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the CITY's prior written consent unless required by a lawful order, notwithstanding that the CONSULTANT will be permitted to disclose such information to the affected building trades. So long as CONSULTANT is paid for its Work, all drawings, maps, sketches, and other data developed, or purchased, under the Contract or at the CITY's expense shall be and remain its property and may be reproduced and reused at the direction ofthe CITY. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project or tasks assigned the CONSULTANT is not to be construed as publication in derogation of any right therein reserved by the CONSULTANT. If, however, the CITY uses for any other purpose the CONSULTANT's documents, drawings, and specifications, or reuses them without written verification or adaptation by the CONSULTANT for the specific purpose intended, it will be at the CITY's sole risk and without liability or legal exposure to the CONSULTANT or to the 7 CONSULTANT'S independent professional associates or consultants. Any such verification or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the CITY and the CONSULTANT. The CONSULTANT shall have the right to include representations of the design of the project(s) including photographs ofthe exterior and interior. among the CONSULTANT) s promotional and professional material. The CONSULTANT'S materials shall not include the CITY's confidential or proprietary information if the CITY advises the CONSULTANT of the spccific information considered to be confidential or proprictary. ARTICLE 20 - INDEPENDENT CONSULTANT RELATIONSHIP The CONSULTANT is. and shall be, in the performance of all work, services. and activities under the Contract an independent contractor, and not an employee, agent. or servant ofthe CITY. All persons engaged in any ofthe work or services performed pursuant to the Contract shall at all times, and in all plaçes, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the CITY shall be that of an independent contractor and not as employees or agents oft the CITY. The CONSULTANT does not have the power or authority to bind the CITY in any promise. agreement or representation other than specifically provided for in the Contract or amendment thereto. ARTICLE 21 - CONTINGENT FEES The CONSULTANT represents that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure the Contract and that it has not paid or agreed to pay any person, company. corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT. any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making oft the Contract. ARTICLE 22 - ACCESS AND AUDITS The CONSULTANT shall maintain adequate reçords to justify all charges, expenses, and costs incurred in performing work pursuant to the Contract for at least six (6) years after completion of the Contract. The CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY's cost, upon five (5) days written notice. ARTICLE 23 - NONDISCKIMINATION The CONSULTANT represents, to the best of its knowledge, that all of its employees are treated equally during employment without regard lo race, color, religion, sex, age, national origin, handicap. or marital status. ARTICLE 24 - COMPLIANCE WITH DA VIS-BACON ACT REQUIREMENTS The CONSULTANT hereby agrees, where required on Federal Grant assisted projects, to comply with applicable portions of the Davis-Bacon and related acts which regulate employee wages and benefits. The CONSULTANT further acknowledges the possible necessity for amending the Contract in order to comply with Federal guidelines applicable to Grant Assisted projects which may be undertaken by the CITY. 8 ARTICLE 25 - SURVIVAL All covenants, agreements and representations made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership or documents, shall survive the execution and delivery of the Contract and consummation of the transactions contemplated hereby. ARTICLE. 26 - ENTIRETY OF CONTRACTUAL AGREEMENT The CITY and the CONSULTANT agree that the Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in the Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 27 - ENFORCEMENT COSTS In any action brought by either party for the interpretation or enforcement of the obligations of the other party, including the establishment of a right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorney's fees, paralegal fees, court and other costs, even if not taxable as court costs, whether incurred before or at trial, on appeal, in bankruptcy or in post judgment collections. ARTICLE 28 - AUTHORITY TO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, that it will at all times conduct its business activities in a reputable manner, and that it will maintain for duration of the Contract a current certificate of registration required under Florida Statutes. ARTICLE 29 - SEVERABILITY If any term or provision of the Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainderofthe Contract, or the application ofsuch term or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of the Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 30 - AMENDMENTS AND MODIFICATION No amendments and/or modifications of the Contract shall be valid unless in writing and signed by each of the parties. The CITY reserves the right to make changes in the scope of work, including alterations, reductions therein or additions thereto. Upon receipt by the CONSULTANT ofthe CITY's notification ofa contemplated change, the CONSULTANT shall, if requested by CITY: (I) provide an estimate for the increase or decrease in çost due to the contemplated change, (2) notify the CITY ofany estimated change in the completion date, and (3) advise the CITY in writing ifthe contemplated change shall effect the CONSULTANT's: ability to meet the completion dates or schedules of the Contract. If the CITY SO instructs in writing, the CONSULTANT shall suspend work on the portion of the work affected by a contemplated change, pending the CITY's decision to proceed with the change. If the CITY elects to make the change, the CITY shall issue a Contract Amendment or Change Order and the 9 CON SULTANT shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. ARTICLE 31 - CITY'S RESPONSIBILITIES Provided such information is reasonably required by the CONSULTANT to perform its services under the Contract, the CITY shall: A. Provide full information regarding requirements for the projects and tasks, including a program which shall set forth the CITY's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. B. Designate a representative authorized to act on the CITY's behalf with respect to the projects or tasks. The CITY or that authorized representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress ofthe CONSULTANT'S services. C. Furnish to the extent in its possession, surveys describing available information on utility locations, written legal descriptions of the sites, easements, encroachments. zoning. deed restrictions. and other available information to assist the CONSULTANT in developing proper scopes of service and fulfilling project or task objectives. D. Assist in gaining access to and make all provisions for access required for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform services under the Contract. E. Examine all studies, reports, sketches, drawings, specifications. proposals and other documents presented by the CONSULTANT and render decisions and comments regarding them within a reasonable time sO as not to delay the services of the CONSULTANT. F. Bear all costs incident to compliance with the requirements of this Article. ARTICLE 32 = NOTICE All notices required in the Contract shall be sent certified mail, return receipt requested, and if sent to the CITY shall be mailed to: City Administrator City ofSebring 368 South Commerce Avenue Sebring. FL 33870 and if sent to the CONSULTANT shall be mailed to: James Mason Cobb, President Cool and Cobb Engineering Company 203 West Main Street Avon Park. FL 33825 10 ARTICLE 33 - PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit al bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in S. 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. By signing the Contract, CONSULTANT certifies that it is not subject to denial or revocation of the right to transact business with public entities pursuant to s. 287.133, Florida Statutes. ARTICLE 34 - DRUG-FREE WORKPLACE CONSULTANT acknowledges that City is a drug-free work place. CONSULTANT covenants that all employees of CONSULTANT working upon City property shall be subject to implementation of all possible provisions to maintain a drug-free environment and that CONSULTANT will adhere to the provisions of Florida Statute 287.087. ARTICLE 35 - SCRUTINIZED COMPANIES By signing the Contract, CONSULTANT certifies that it is not ineligible, pursuant to Florida Statute 287.135, to bid on, submit a proposal for, or enter into or renew a contract pursuant to Florida Statute 287.135. CITY may terminate the Contract at its option if CONSULTANTI is found to have submitted a false certification pursuant to section 287.135, F.S., been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria. CITY may also terminate the Contract at its option iFCONSULTANT is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. ARTICLE 36 - LAY WS AND REGULATIONS CONSULTANT shall comply with all laws, ordinances, rules, orders and regulations relating to performance of the Work and the protection of persons and property. ARTICLE: 37 - RESPONSIBILITY FOR THOSE PERFORMING THE WORK CONSULTANT shall be responsible to City for the acts and omissions ofa all its employees and all subcontractors, their agents and employees and all other persons performing any of the Work by, through, or under CONSULTANT. ARTICLE 38 - PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this document shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction. ARTICLE 39 - SAFETY AND HEALTH REGULATIONS CONSULTANT shall comply with the Department of Labor Safety and Health Regulations promulgated for construction under the Occupational Safety and Health Act and such other rules and regulations as may be applicable to this Project. 11 39.1 CONSULTANT shall comply with all applicable laws, ordinances. rules. regulations and orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss. ARTICLE 40 - DEFAULT Subject to the limitations of Scc. 768.28, Fla. Stat., in any action brought by either party for the interpretation or enforcement of the obligations of the other party including City's right to indemnification, the prevailing party shall be entitled to recover from the losing party all reasonable attorneys' fees. paralegal fees. court and other costs, whether incurred before or during litigation, on appeal, in bankruptcy or in post judgment collections. ARTICLE 41 - PUBLIC RECORDS CONSULTANT is required to keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service sought herein. CONSULTANT is required to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Ch. 119.07 et seq.. Fla. Stat. or as otherwise provided by law. CONSULTANT must ensure that public reçords that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law and must meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the CONSULTANT upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the public agency. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT KATHY HALEY, THE CUSTODIAN OF PUBLIC RECORDS AT 863-471-5100, atyplalygmpebringcon or 368 SOUTH COMMERCE AVENUE, SEBRING, FL 33870. ARTICLE 42- - PUBLIC ENTITY CRIMES By signing this contract, CONSULTANT certifies that it has knowledge of and understands Florida Statute 287.133, including scction (2)(a) which provides: "A person or affiliate who has becn placed on thc convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal. or reply on a contract with a public entity for the construction or repair of a public building or public work: may not submit bids, proposals. or replies on leases ofr real property to a public entity: may not be awarded or perform work as a contractor, supplier. subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in S. 287.017 for CATEGORY TWO for a period of36 months following the date of being placed on the convicted vendor list." CONSULTANT certifies that it has and shall comply with the provisions ofFlorida Statute 287.133, and further certifies that neither it. nor its officers, directors. executives, partners, shareholders. employees, members, or agents, nor its affiliates, are on the convicted vendor list. 12 Attachment 2 LEGAL PROVISIONS Miscellaneous Licensing. Contractor shall procure and keep in force during the term of this contract all necessary licenses, registrations, certificates, permits and other authorizations as are required by law in order for Contractor to render its services hereunder. Contractor shall require all ofi its subcontractors to comply with the provisions of this paragraph. Contractor grants Owner an irrevocable license to utilize the plans and specifications generated by Contractor for this Project. E-Verify. (a) Beginning January 1, 2021, every public employer, contractor, and subcontractor shall register with and use thel E-Verify system to verify the work authorization status ofall newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (b) 1. Ifa contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 2. The contractor shall maintain a copy of such affidavit for the duration of the contract. (c) 1. A public employer, contractor, or subcontractor who has a good faith belief that a person or entity with which iti is contracting has knowingly violated S. 448.09(1) shall terminate the contract with the person or entity. 2. A public employer that has a good faith belief that a subcontractor knowingly violated this subsection, but the contractor otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under subparagraph 1. or subparagraph 2. is not a breach of contract and may not be considered as such. (d) A public employer, contractor, or subcontractor may file an action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. (e) If a public employer terminates a contract with a contractor under paragraph (c), the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. (f) A contractor is liable for any additional costs incurred by a public employer as a result of the termination of a contract. Legal Provisions and Certifications To the extent applicable to this Project, Engineer, Contractor, subcontractor, Architect and/or Design/Builder (collectively "Contractor"): Conflict. Contractor represents and warrants unto Owner that no officer, employee or agent of Owner has any interest, either directly or indirectly, in the business of Contractor to be conducted hereunder. Contractor further represents and warrants to Owner that it has not employed or retained any company person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract, that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for 13 Contractor, any fee, commission. percentage, gift, or any other consideration contingent upon or resulting from the award or making ofthis Contract, and that it has not agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services ofany firm or person in connection with carrying out this Contract. Contractor assures that it will insert the above provision in each of its subcontractor agreements relating to the services to be performed hereunder. Contractor and its employees shall promptly observe and comply with the applicable provisions of all Federal, State and local laws, rules and regulations which govern or apply to the goods and services rendered by Contractor hereunder, or to the wages paid by Contractor to its employees. Contractor shall require all of its subcontractors to comply with the provisions ofthis paragraph. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department ofTransportation (hereinafter. "DOT") Title 49, Code of Federal Regulations. Part 21, ast they may be amended from time to time (hereinafter referred to as the Regulations). which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors. including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 ofthe Regulations. including employment practices when the contract covers a program set forth in Appendix B ofthe Regulations. 1.3 Solicitations for Subcontracts, Including Procurements of Materialsand Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race. color, or national origin. 1.4 Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books. records, accounts, other sources of information. and its facilities as may be determined by the Owner to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession ofanother who fails or refuses to furnish this information, the contractor shall sO certify to the Owner, as appropriate. and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provi isions of this contract, the Owner shall impose such contract sanctions as it may determine to be appropriate, including. but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies. and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 1.6 Incorporation of Provisions. The contractor shall include the provisions of paragraphs I through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however. that in the event a contractor becomes involved in. or is threatened with, 14 litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Owner to enter into such litigation to protect the interests of the Owner and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contractor for itself, its successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) in the furnishing of services to Owner hereunder, no person on the grounds of race, color, national origin, sex, age, disability, religion, or familial status shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and (2) Contractor shall comply with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs ofthe Department of Transportation - effectuation of Title VI and Title VIII of the Civil Rights Act of 1964, as said Regulations may be amended. Should Contractor authorize another person, with Owner's prior written consent, to provide services to Owner hereunder, Contractor shall obtain from such person a written agreement pursuant to which such person shall, with respect to the services which he or she is authorized to provide, undertake for such person the obligations contained in this section. Contractor shall furnish an original agreement to Owner. Further, Contractor assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person shall on the grounds ofrace, color, national origin, sex, age, disability, religion, or familial status be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Such activities shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor assures that no person shall be excluded on these grounds from participating in or receiving the services of any program or activity covered by this subpart. Contractor assures that it shall not discriminate on the grounds of race, color, national origin, sex, age, disability, religion, or familial status in the selection or retention of subcontractors. Contractor assures that it will require that its covered subcontractors provide assurances to Contractor that they similarly require assurances from their subcontractors, as required by CFR Part 152, Subpart E, to the same effect. Owner may, from time to time, adopt additional or amended and nondiscrimination provides concerning the furnishing of services to the Owner, and Contractor agrees that it will adopt any such requirements as a part oft this Contract. Non-Diserimination. Contractor for itself, its suçcessors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree that: I. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use ofsaid facilities; 2. That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national original shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; 3. That Contractor shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of TramporatiomEfiecuation of Title VI ofthe Civil Rights Act of 1964 and Title VIII ofthe Civil Rights Act of 1968, and as said Regulations may be amended. That in the event of a breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate this Contract. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR 15 Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit ofthe Federal Government pursuant to a grant, contract, loan insurance. or guarantee. or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (I) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race. color, religion, sex. or national origin. such action shall include. but not be limited to the following: Employment, upgrading. demotion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behaif of the contractor. state that all qualified applicants will receive considerations for employment without regard to race, color. religion. sex. or national origin. (3) The contractor will send to cach labor union or represcntative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives: of the contractor's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto. and will permit access to his books. records, and accounts by the administering agency and the Sccretary of Labor for purposes ofinvestigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any oft the said rules, regulations, or orders, this contract may be cançeled, terminated. or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 ofSeptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order oft the Secretary of Labor. or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediatcly preceding paragraph (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, sO that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as ai means ofenforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in. or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enteri into such litigation to protect the intcrests ofthc United States. 16 EEO COMPLIANCE (a)Requirements for prime contractors and subcontractors: (1) Each prime contractor and subcontractor shall file annually, on or before the September 30, complete and accurate reports on Standard Form 100 (eE0-Dpomulpiadjpimty by the Office of Federal Contract Compliance Programs, the Equal Employment Opportunity Commission and Plans for Progress or such form as may hereafter be promulgated in its place ifsuch prime contractor or subcontractor (i) is not exempt from the provisions ofthese regulations in accordance with Sec. 60-1.5; (ii) has 50 or more employees; (iii) is a prime contractor or first tier subcontractor; and (iv) has a contract, subcontract or purchase order amounting to $50,000 or more or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes: Provided, That any subcontractor below the first tier which performs construction work at the site of construction shall be required to file such a report if it meets requirements of paragraphs (a)(1)(), (ii), and (iv) of this section. (2) Each person required by Sec. 60-1.7(a)(1) to submit reports shall file such a report with the contracting or administering agency within 30 days after the award to him ofac contract or subcontract, unless such person has submitted such a report within 12 months preceding the date of the award. Subsequent reports shall be submitted annually in accordance with Sec. 60- 1.7(a)(1), or at such other intervals as the Deputy Assistant Secretary may require. The Deputy Assistant Secretary may extend the time for filing any report. (3) Failure to file timely, complete and accurate reports as required constitutes noncompliance with the prime contractor's or subcontractor's obligations under the equal opportunity clause and this contraçt. (b)Requirements for bidders or prospective contractors: (1) Certification of compliance with Part 60-2: Affirmative Action Programs. Each agency shall require each bidder or prospective prime contractor and proposed subcontractor, where appropriate, to state in the bid or in writing at the outset of negotiations for the contract: (i) Whether it has developed and has on file at each establishment affirmative action programs pursuant to Part 60-2of this chapter; (ii) whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; (iii) whether it has filed with the. Joint Reporting Committee, the Deputy Assistant Secretary or the Equal Employment Opportunity Commission all reports due under the applicable filing requirements. (2) Additional information. A bidder or prospective prime contractor or proposed subcontractor shall be required to submit such information as the Deputy Assistant Secretary requests prior to the award of the contract or subcontract. When a determination has been made to award the contract or subcontract to a specific contractor, such contractor shall be required, prior to award, or after the award, or both, to furnish such other information as the applicant or the Deputy Assistant Secretary requests. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b." "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; 17 d." "Minority" includes: (I) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin): (2) Hispanic (all persons of Mexican, Pucrto Rican, Cuban, Central or South Amcrican. or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original pcoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands): and (4) American Indian or Alaskan native (all persons having origins in any of the original pcoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any ticr, subcontracts a portion of the work involving construction any trade, it shall physically include in each subcontract in excess of$10.000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association. its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be ablc to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has cmployees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. Thc contractor shall implement the specific affirmative action standards provided within these spccifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours ofapprentices and trainees to be counted in meeting the goals. such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department ofLabor. 18 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and: shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record ofthe organizations' responses. C. Maintain a current file ofthe names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; byi including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review ofthese items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation ofconstruction work at anyjob site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition oft the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or 19 anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female. and community organizations. to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j- Encourage present minority and female employees to recruit other minority persons and women and. where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do sO under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel. for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training. etc.. such opportunities. m. Ensure that seniority practices, job classifications, work assignments. and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 0. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers. including circulation ofsolicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations. which assist in fulfilling one or more of their affirmative action obligations. The efforts of a contractor association. joint contractor union. contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits ofthe program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness ofactions taken on behalf oft the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however. is required to provide equal employment opportunity and to take affirmative action for all minority groups. both male and female, and all women, both minority and non- minority. Consequently, ifthe particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation ofthe Executive Order if a specific minority group of women is underutilized. 20 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cançellation of existing subcontracts as may bei imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation ofthese specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 ofthese specifications, sO as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements ofthe Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation ifany, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, orl laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. The contractor shall retain such records for a period of six years following the completion and closeout ofthe project. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General ofthe United States. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. 2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions ofthe Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 21 Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities: 1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000. which is not exempt from the provisions ofthe Equal Opportunity Clause. 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10.000 and are not exempt from the provisions ofthe Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. CERTIFICATION OF NONSEGREGATED FACILITIES The federally-assisted construction contractor certifies that she or he does not maintain or provide. for his employees, any segregated facilities at any ofhis establishments and that she or he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that she or he will not maintain or provide, for his employees, segregated facilities at any ofhis establishments and that she or he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term 'segregated facilities" means any waiting rooms. work areas. restrooms. and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation. and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race. color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction contractor agrees that (except where she or he has obtained identical certifications from proposed subcontractors for specific time periods) she or he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10.000 which are not exempt from the provisions of the Equal Opportunity Clause and that she or he will retain such certifications in his files. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2 The Contractor's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES 1. No Federal appropriated funds shall be paid. by or on behalf of the contractor, to any person for influencing or attempting (o influence an officer or employee of any agency. a Member ofCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities, in accordance with its instructions. Accounting/Records Contractor will provide all information and reports required by said Regulations. or by directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of 22 information, and its facilities as may be determined by Owner or other governmental agency to be pertinent to ascertain whether there has been compliance with said Regulations and directives. Where any information required ofContractor is in the exclusive possession ofanother who fails or refused to furnish this information, Contractor shall sO certify and shall set forth what efforts it has made to obtain the information. Contractor shall remain obligated under this paragraph until the expiration of six (6) years after the termination ofthe Contract. Records shall be made available to the public per Chapter 119 Florida Statutes; and shall be made available to the Owner, the U.S. Department of Housing and Urban Development (HUD), the Florida Department of Commerce, the Florida Auditor General, and Comptroller General ofthe United States. In the event ofbreach ofany ofthe above nondiscrimination covenants, Owner shall have the right to impose such contract sanctions as it or other applicable government entity may determine to be appropriate, including with- holding payments to Contractor under this Contract or canceling, terminating, or suspending this Contract in whole or in part. The rights granted to Owner by the foregoing sentence shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART5 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation: Liability for Unpaid Wages: Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of$I0 for each calendar day on which such individual was required or permitted to work in excess ofthe standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph I above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs I through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs I through 4 of this section. ACCESS TO RECORDS AND REPORTS The Owner, as well as the public pursuant to Florida Statutes Chapter 119, shall have access to any books, documents, paper, and records including payroll records and associated basic data of the Contractor, which are directly pertinent to the specific Contract for the purposes of making an audit, examination, excerpts, and 23 transcriptions. The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the U.S. Department ofHousing and Urban Development (HUD). the Florida Department ofCommerce, the Florida Auditor General, Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents, papers, and records ofthe contractor which are directly pertinent to the specific contract for the purpose of making audit, examination. excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than six years after final payment is made and all pending matters are closed. DISADVANTAGED BUSINESS ENTERPRISES Policy. It is the policy ofthe Owner and the United States or State of Florida Department of Transportation that disadvantaged business enterprises, as defined in the Owner's Disadvantaged Business Enterprises ("DBE") Participation Policy for services as defined in 49 CFR Part 26 shall have equal opportunity to participate in the performance ofserviçes contracts awarded by the Owner. including, but not limited to. contracts financed in whole or in part with federal or State funds under this Contract. Consequently, the requirements of the Owner's DBE Participation Policy apply to this Contract. Contract Assurance ($26.13). The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contraçts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination oft this contract or such other remedy. as the recipient deems appropriate. Prompt Payment. The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen (14) days from the receipt of each payment. including retainage, that the prime contractor receives from City of Sebring. Payments not made to subcontractors within fourteen (14) days of the prime contractor's receipt of payment shall bear interest at the rate of ten percent (10%) per annum, computed beginning on the 14th day after payment is due. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval ofthe City of Sebring. The right to receive interest on a payment under this section is not an exclusive remedy. and this section does not modify any remedies available to any person under the terms of a contract or under any other statute. City of Sebring shall have the right to terminate the services of any obligor who fails to make prompt payment to any obligec. This clause applies to both DBE and non-DBE subcontractors. DBE Obligation. The Contractor agrees to ensure that DBE/MWBE firms shall have the maximum opportunity to participate in the performance of contracts for subcontractor services, including. but not limited to, those projects financed in whole or in part with federal or state funds provided under this Contract. In this regard. the Contractor and all subcontractors shall take all neçessary and reasonable steps in accordance with the Owner's DBE/MWBE Participation Policies to ensure that DBE/MWBE firms have the maximum opportunity to compete for and perform contracts. The Contractor and any subcontractors shall not discriminate on the basis ofrace, color, national origin, or sex in the award and performance of Owner contracts. DBE Administration. 1. Eligibility. of DBE's: Those firms currently certified as DBE's by the Florida Department of Transportation are eligible to participate as DBE's on this contract. A list of these firms can be obtained from the State. the consulting engineer, or the Owner. Firms certified as DBE's by other states, or other U.S. DOT recipients are subject to the owner's acceptance. A bidder may request a review of a potential DBE prior to the bid opening. The bidder should allow ten working days for the owner's determination regarding certifiçation of't the potential DBE. Previous acceptance of a DBE by the State or Owner does not ensure 24 acceptance on this project. 2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the contract items or portions of items being sublet, as shown on the DBE Participation Form and attachments. Credit will only be given for use of DBE's that are certified or accepted according to this specification. DBE participation shall be counted toward meeting the DBE goal in accordance with the following: a. Commercially Useful Function: The Owner shall count toward the DBE goal only those expenditures to DBE's that perform a commercially useful function in the work ofthe contract. A DBE performs a commercially useful function when it is responsible for execution of a distinct element of work by actually performing, managing, and supervising that work. To determine ifa DBE is performing a commercially useful function, the amount of work subcontracted, industry practices, and other relevant factors will be evaluated. Ifconsistent with industry practices, a DBE shall enter into a subcontract or other contractual written agreement. A DBE Contractor may subcontract a portion oft the work up to the amount allowed under standard subcontracting contract provisions of normal industry practices. A DBE is presumed not to be performing a commercially useful function if the DBE is performing outside these guidelines. b. Materials and Supplies: The Owner shall count toward the DBE goal the expenditures for materials and supplies obtained from DBE suppliers and manufacturers as described below. The DBE's must assume the actual and contractual responsibility for the provision of the materials and supplies: (1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A manufacturer must operate or maintain a factory or establishment that produces on the premises the materials or supplies that are obtained by the contractor. (2) Sixty percent ofexpenditures to a DBE regular dealer will be counted toward the DBE goal. A regular dealer must perform a commercially useful function in the supply process including buying the materials or supplies, maintaining an inventory and regularly selling materials to the public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept in stock, but the dealer must own or operate distribution equipment. (3) No credit will be given toward the DBE goal, ifthe prime contractor makes a direct payment to a non-DBE material supplier. However, it will be permissible for a material supplier to invoice the prime contractor and the DBE jointly and be paid by the prime contractor making remittance to the DBE firm and material supplier jointly. (4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used in a DBE firm's work when those costs are paid by a deduction from the prime contractor's payment(s) to the DBE firm. C. Owner-Operator Trucking: The Owner shall count toward the DBE goal, the entire delivery fee paid to DBE owner-operators performing trucking for the contractor, if they appear on the contractor's payroll and separate records are furnished to the Owner documenting the expenditures. The records shall include for each owner-operator; their social security number; driver's license number; vehicle registration number; current vehicle license number; truck number; and a complete record of the contract fees paid to them. d. Joint Venture: When ajoint venture contract is involved, the Owner shall count towards the DBE goal that portion ofthe contract total dollar value equal to the percentage ofownership and control of each DBE firm within the joint venture. Such crediting is subject to the owner's acceptance of 25 the joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE Participation Form. The joint venture agreement must include a detailed breakdown of the following: (1) Contract responsibility of the DBE for specific contract items of work. (2) Capital participation by the DBE, (3) Specific equipment to be provided by the DBE, (4) Specific responsibilities ofthe DBE regarding control of the joint venture, (5) Specific workers and skills to be provided by the DBE, and (6) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture. The joint venture must be certified by the City. 3. Award Documentation and Procedure: All bidders shall certify in the bid proposal their intent to meet or exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such certification or failure to demonstrate good faith efforts will render a bid non responsive. a. DBE Participation Form: The apparent successful bidder must submit with the bid the following information on the proposed DBE Participation Form attached to the Proposal. The information shall demonstrate the contractor's intended participation by certified DBE's. When the required information is not provided by the apparent low bidder the bid will be ruled non responsive and will not be considered. The information furnished shall consist of: (I) The names, addresses, contact persons. phone numbers, and category of DBE firms to be used on the contract; (2) A list ofthe bid items of work to be performed by the DBE and the percent to be credited toward the DBE goal; (3) The dollar value ofeach ofthe DBE work items: and (4) If the DBE goal is not met, a statement of why the goal could not be met and a demonstration of the good faith efforts taken to meet the DBE goal. b. Owner Evaluation: In selecting the lowest responsible bidder. the Owner will cvaluatc the DBE information provided with the bid. The Owner may request additional DBE information and may allow the bidders, up to 7 calendar days after bid submittal to supplement or resubmit information concerning their proposed DBE participation. Prior to awarding the contract the Owner will verify verbally and/or in writing that the information submitted by the apparent successful bidder is accurate and complete. C. Good Faith Efforts: Ifthe bidder is unable to meet the DBE goal, the bidder must submit evidence of good faith efforts taken to meet the goal. Good faith efforts conducted after the bid opening will not be considered adequate to fulfill these bid requirements. Good faith efforts may include but are not limited to: (1) Efforts to select portions of the work for performance by DBE's. in order to increase the likelihood of achieving the DBE goal. This can include, but is not limited to, breaking down contracts into economically feasible units to facilitate DBE participation. Selection of portions of work shall be at least equal to the DBE goal. (2) Written notification to individual DBE's likely to participate in the contract sent at least 7 calendar days prior to the bid opening. The notification shall list specific items or types of work and shall be sent to a reasonable number of DBE's qualified to participate in the contract. 26 (3) Efforts to negotiate with DBE's for specific items of work including: (a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates ofinitial contact and information on further contacts made to determine with certainty ifthe DBE's were interested. Personal or phone contacts are expected; (b) Description of the information provided to the DBE's regarding the plans, specifications and estimated quantities for portions of the work to be performed; (c) Individual statements as to why agreements with DBE's were not reached; and (d) Information on each DBE contacted but rejected and the reasons for the rejection. (4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit required by the contractor. (5) Documentation that qualified DBE's are not available or not interested. (6) Advertisements in general circulation media, trade association publications and disadvantaged-focus media concerning subcontracting opportunities. (7) Efforts to use the services of available disadvantaged community organizations; disadvantaged contractor's groups; local, state and federal disadvantaged business assistance offices; and other organizations that provide assistance in recruitment and plaçement of DBE's. The demonstration of good faith efforts by the contractor must prove the contractor actively and aggressively sought out DBE's to participate in the project. The following actions would not be considered acceptable reasons for failure to meet the DBE goal and would not constitute a good faith effort: (1) The DBE was unable to provide adequate performance and/or payment bonds. (2) A reasonable DBE bid was rejected based on price. (3) The DBE would not agree to perform the subcontract work at the prime contractors unit bid price. (4) Union versus non-union status ofthe DBE firm. (5) The prime contractor would normally perform all or most of the work included in this contract. (6) The prime contractor solicited DBE participation by mail only. 4. Post Award Compliance: Ifthe contract is awarded on less than full DBE goal participation, the contractor is not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the contract. In such a case, the contractor shall continue good faith efforts throughout the life of the contract to increase the DBE participation to meet the contract goal. Ifa DBE is unwilling or unable to perform the work specified, the contractor shall request from the Owner, relief from the obligation to use that DBE. Efforts will be made by the contractor to acquire from the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain another certified DBE to perform an equal dollar value ofallowable credit. Ifa new DBE cannot be found, the contractor shall submit evidence of good faith efforts within 15 calendar days ofthe request for relief. The contractor shall submit the new DBE's name, address, work items and the dollar amount ofeach item. The owner shall approve the new DBE before the DBE starts work. 27 If the contractor fails to conform to the approved DBE participation or ifit becomes evident that the remaining work will not meet the approved participation, then the contractor shall submit evidence showing either how the contractor intends to meet the DBE participation, or what circumstances have changed affecting the DBE participation. Ifthe owner is not satisfied with the evidence, then liquidated damages may be assessed for the difference between the approved and actual DBE participation. 5. Records and Reports: The contractor shall keep records as necessary to determine compliance with the DBE obligations. The records shall include but are not limited to: a. Record of DBE Participation: The names of disadvantaged and non- disadvantaged subcontractors. regular dealers, manufacturers, consultant and service agencies: the type of work or materials or services performed on or incorporated in the project; and the actual value of such work. b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor organizations and individual disadvantaged contractors for work on this project. All correspondence. personal contacts, telephone calls, etc.. to obtain the services of DBE's should be documented. C. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor shall submit a certification attesting to the actual work performed by the DBE firm and the amount paid the DBE firm. This certification shall be signed by both the prime contractor and the DBE firm. Energy Conservation Requirements. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Rights To Inventions. All rights to inventions and materials generated under this contract are subject to regulations issued by the Owner of the Federal grant under which this contract is executed. Contract Time. If the Contractor persistently refuses or fails to recover lost time. to the extent that it becomes apparent that the Project shall not be completed within the Contract Time, the Owner may take such actions to terminate the Contract for default on the part of the Contractor, or to assign portions of the Work to other contractors or to require Contractor to hire sufficient skilled workers for Contractor to recover lost time and complete the Project on time. Any additional costs associated with this will be borne by original Contractor. Owner has the right to refuse a subcontractor for good faith concern about the subcontractor S competence. solvency or fitness to perform timely. Owner's Recourse. Written warranties made to the Owner are in addition to manufacturer's warranties. implied warranties. and shall not limit the duties, obligations, rights and remedies otherwise available under the law. nor shall warranty periods be interpreted as limitations on time in which the Owner can enforce such other duties, obligations, rights, or remedies. The Owner reserves the right to refuse to accept Work for the Project where a special warranty, certification. or similar commitment is required on such Work or part ofthe Work, until evidence is presented that entities required to countersign such commitments have done so. 9 Pursuant to $403.7065, Fla. Stul., Contractor shall procure products or materials with recycled content when the Florida Department of Management Services determines that those products or materials are available. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, 28 INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies, by submission of this proposal or acceptançe of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: 1. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; 2. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; 3. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official ofthe receipt ofany communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; 4. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. ASSURANCE OF COMPLIANCE The Contractor hereby agrees that it will comply with: Title VI ofthe Civil Rights Act of 1964 (Pub. L. 88-352), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80), to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistant from the Department. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended, and all requirements imposed by or pursuant to the Regulation of the Department ofHealth and Human Services (45 C.F.R. Part 84), to the end that, in accordance with Section 504 oft that Act and the Regulation, no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 91), to the end that, in accordance with the Act and the Regulation, no person in the United States shall, on the basis of age, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity for which the Appliçant receives Federal financial assistance from the Department. 29 49 CFR SUBTITLE A(10-1-03 EDITION) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 330) as supplemented by Department of Labor regulations (29 CFR part 5). Comipliance with all applicable standards. orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S. C. 1368). Executive Order 11738. and Environmental Protection Agency regulations (40 CFR part 15). Mandatory standards and policies relating to energy efficiency which are containcd in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163. 89 Stat. 871). 46 U.S. C. 1241(b)( I) and 46 CFR part 381 impose cargo preference requirements on the shipment of foreign made goods. Sect ion 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1061, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 impose Buy America provisions on the procurement of foreign products and materials. Section 105(f)ofthe Surface Transportation Assistance Act of 1982, section 106(c). ofthe Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR part 23 impose requirements for the participation ofd disadvantaged business enterprises. Section 308 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1068(b)(2). authorizes the use of competitive negotiation for the purchase of rolling stock as appropriate. A breach by Contractor or any subcontractor, vendor or supplier of any of the federal or state laws or regulations applicable to this Project may be grounds for termination of the contract, and possibly debarment as a contractor or subcontractor. The provisions of these Additional Special Provisions shall control over any contrary provision in the Special Provisions or any other Contract Document. Contractor waives any right of subrogation against Owner or Owner's S agents. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, and Owner's officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses. and damages up to $10.000,000 (including but not limited to all fees and charges of engineers, architects. attorneys, and other professionals. and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost. loss or damage is attributable to bodily injury, sickness. disease, or death, or to injury to or destruction of tangible property (other than completed Construction). including the loss ofuser resulting therefrom. but only to the extent caused by any negligent act or omission or reckless or intentional wrongdoing of Contractor or Contractor's officers, directors, partners, employees, or subcontractors. The parties agree that this limit on indemnification amount bears a reasonable commercial relationship to the contract. In any action construing the scope or nature of this indemnification, the court shall construe this provision to comply with Section 725.06, Florida Statutes, as amended. State Residents Preference. (1) If'state funds are utilized on this project. the Contractor shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal 30 qualifications to those of nonresidents. A contract for construction funded by local funds may contain such a provision. a. As used in this section, the term "substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are better suited for the position than the qualifications held by the other person or persons. b. A contractor required to employ state residents must contact the Agency for Workforce Innovation to post the contractor's employment needs in the state'sjob bank system. (2) No contract shall be let to any person refusing to execute an agreement containing this provision. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States. Punch List. Ifthe contract is for the provision of construction services, Owner shall provide for a single list of items required to render the construction services complete, satisfactory, and acceptable ("punch list"). For construction projects having an estimated cost of less than $10,000,000, the punch list shall be developed within thirty days after Contractor and Owner agree that the project has achieved substantial completion. For construction projects having an estimated cost of $10,000,000 or more, the punch list shall be created within sixty calendar days after Owner and Contractor agree that the Contractor has achieved substantial completion. Owner shall provide the punch list to Contractor not more than five days after the punch list is completed. The final contract completion date must be at least thirty days after the delivery ofthe punch list. Ifthe punch list is not provided to the Contractor by the agreed upon date for delivery, the contract time for completion must be extended by the number of days that Owner exceeded the delivery date. Payment for Purchases of Construction Services. Owner hereby identifies the City Administrator as the agent to whom the Contractor may submit its payment request or invoice or anyone that this agent designates in writing. A contractor's submission of a payment request or invoice to the identified agent of Owner shall be stamped as received as provided in F.S. 218.74(1) and shall commence the time periods for payment or rejection of a payment request or invoice as provided herein. If a payment request or invoice does not meet the contract requirements, Owner must reject the payment request or invoice within twenty business days after the date on which the payment request or invoice is stamped as received as provided in F.S. 218.74(1). The rejection must be written and must specify the deficiency and the action necessary to make the payment request or invoice proper. Attorneys' Fees and Costs. In anyjudicial or alternative dispute resolution technique action to interpret or enforce any of the terms of this agreement, including any. action by Owner to establish the right to indemnification, the parties agree that the prevailing party shall be entitled to an award of attorneys' fees and costs payable by the non- prevailing party, whether such fees and costs are incurred before, during or after trial, appellate proceeding or post-judgment collections. 31 Attachment 3 CITY OF SEBRING - and - COOL AND COBB ENGINEERING COMPANY Project 8 WATER DISTRIBUTION SYSTEM UPGRADES - HIGHLANDS HOMES Comprehensive Narrative Statement The Water Distribution System on the East side of the City of Sebring was installed in the 1940s by the US Government during World War II. The cast iron water lines are around eighty years old, and the City has had difficulty maintaining five flow capacity in the Highlands Homes area. In order to eliminate the water supply problem, the City applied for a grant from the State of Florida, in 2021. The grant was approved and the RFQ issued by the City is one ofthe required steps needed to be completed in order to access the State funds to improve the existing water system. Addendum #1 notes the exact roads where the water lines are proposed to be improved. The grant application prepared by Cool and Cobb Engineering Company in 2021 notes the details of the water supply needs that will be addressed in the Design of the system upgrades. The existing pipes will need to be evaluated as a part oft the Design of this projcct. Anticipated Project Timeline: 1. Evaluation of existing system including video of all lines being considered. Estimated completion date 08/01/2025. 2. Complete Engineering Design. Estimated completion date 01/01/2026. 3. Submit final Bid Documents and Permits to DEO. Estimated completion date 04/01/2026. 4. Bid Project. Estimated completion date 6/01/2026. 5. Preconstruction Conference/Construction Execution. Estimated completion date 9/01/2026. 6. Construction Completion. Estimated completion date 03/01/2027. 7. Project Closeout. Estimated completion date 05/09/2027. PROJECT DESCRIPTION: The City of Sebring, Florida has been awarded Four Million, Six Hundred and Eight-Two Thousand, Nine Hundred Seventy-Five and Zero Cents (S4,682,975.00) in CDBG-MIT (Community Development Block Grant - Mitigation) funding for mitigation efforts to complete fire protection resiliency. water quality, and water conservation infrastructure improvements. The purpose of this project is to replace the potable water supply system in the Highlands Homes serviçe area to mitigate fire risks, increase community resilience, provide better water quality, reduce water resource waste. and fortify community lifelines. The mitigation activities consist of replacement of 59,080 linear feet of existing waterlines and the replaçement of fire hydrants. cut off valves and water serviçes. There are no leveraged or matching funds included in this project. This project satisfies the Low-to-Moderate Income (LMI) National Objectives requirements with a service area 32 LMI of over 51%. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 2 - Engineering Services Consultant shall: 1. Create a full design package(s), signed and sealed by a Professional Engineer (PE) license in the State of Florida, including engineering drawings, specifications, construction cost estimate, surveys, and any other reports, documents, or information relevant to this project that meet all local current hurricane code ratings, local codes and building codes, showing extent of project milestones at 30%, 60% and 90% design and final, testing and permitting, and submit to the City. 2. Consultant shall assist the City with the construction contract, observe work completed, review draw requests, approve draw requests and coordinate any change orders required. APPENDIX II TO PART 200- CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." For this non-construction federally assisted contract the Equal Employment Opportunity Clause as outlined in 41 CFR Part 60 - 1.4(a)i is included, herein. (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary ofLabor. In addition, contractors must be required to pay wages not less than once a week. The non- Federal entity must place a copy oft the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. 33 The contracts must also include a provision for compliance with the Copeland ' Anti-Kickback :: Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3. "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing. by any means. any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C.3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers musti include a provision for compliance with 40 U.S.C.3702 and 3704. as supplemented by Department ofLabor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 ofthe Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a halftimes the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary. hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission ofi intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. Ifthe Federal award meets the definition of "funding agreement' under 37 CFR $ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance ofexperimental, developmental, or research work under that funding agreement, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants. Contracts and Cooperative Agreements." and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387). as amended- Contracts and subgrants of amounts in excess of $150.000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235). "Debarment and Suspension. : SAM Exclusions contains the names of parties debarred, suspended. or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Additionally, the requirements outlined in 24 CFR 570.609, pertaining to the use of debarred, suspended or ineligible contractors or Subrecipients, in accordance with the requirements set forth in 24 CFR Part 5, apply to this program and are incorporated into this Agreement. (I) Byrd Anti-Lobbying Amendment (310 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee ofany agency. a member of Congress, officer or employee ofCongress. or an employee ofai member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See $ 200.323. (K) See $ 200.216. (L) See $ 200.322. 34 $ 200.323 Procurement of recovered materials. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value ofthe quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. S 200.322 Domestic preferences for procurements. (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materiais produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements ofthis section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (I) *Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application ofcoatings, occurred in the United States. (2)* "Manufactured products" means items and construction materials composed in whole ori in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. $ 200.216 Prohibition on certain telecommunications and video surveillance services or equipment. (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered elecommunications: equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau ofInvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government ofa covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also $ 200.471. 35 $ 200.321 Contracting with small and minority businesses, women' 's business enterprises, and labor surplus area firms. (a) The non-Federal entity must take all necessary affirmative steps to assure that minority businesses. women's business enterprises. and labor surplus area firms are used when possible. (b) Affirmative steps must include: (I) Placing qualified small and minority businesses and women' 's business enterprises on solicitation lists; (2). Assuring that small and minority businesses, and women' 's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises: (4) Establishing delivery schedules. where the requirement permits. which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce: and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (I) through (5) of this section. Section 3 All Section 3 covered contracts and subcontracts must include the following clause: I. The work to be performed under this contract is subject to the requirements: of Section 3 oft the Housing and Urban Development Act of 1968, as amended, 12 USC.1 170lu (Section 3). The purpose of Section 3is to ensure that employment and other economic opportunities generated by HUD assistance, or HUD- assisted projects covered by Section 3, shall to the greatest extent feasible be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing. II. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75. which implement Section 3. As evidenced by their execution ofthis contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. III. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other underslanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location ofthe person(s) taking applications for each oft the positions; and the anticipated date the work shall begin. IV. The contractor agrees to include this Section 3 Clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate actions. as provided in an applicable provision of the subcontract or in this Section 3 Clause, upon a finding that the subcontractor is in violation ofthe regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. V. The contractor will certify that any vacant employment positions. including training positions, that are filled 36 (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. VI. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. VII. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). i. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible preference and opportunities for training and employment shall be given to Indians, and preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). C.. b. Section 3 Benchmarksand Reporting i. Benchmarks. Contracts with CDBG awards over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimum numeric goals: I. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers. ii. Reporting. Ifthe subrecipient' 's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR $ 75.23, pursuant to 24 CFR $ 75.25(b), the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. iii. Recipient will comply with any Section 3 Project Implementation Plan documents provided by HUD or the State of Hawaii which may be amended from time to time for HUD reporting purposes. 37 CDBG-MIT/CDBG-DR Contract Checklist Procurement Summary Subrecipient Name Project Name Procurement Type RFP RFQ ITB (Construction) Contract Type Fixed Price Reimbursement Time and Material Requirements for ALL Contracts Federal Funding Source and Authority Statement of Work Schedule for Completion Period of Performance Not to Exceed Amount for contract Provisions for extending or amending contract Administrative, Contractual, or Legal Remedies for Non-Performance Termination for Cause and Convenience Compliance with Small, Minority, and Women's Affirmative Hiring Steps Provisions for Procurement of Recovered Materials Provisions for Domestic Preference Prohibition on Certain Telecommunications and Video Surveillance Terms for Debarment and Suspension Terms for Access to Records Terms for Reporting Requirements 6-year Record Retention Compliance with E-Verify Section 3 Compliance Appendix II to 2 CFR 200 Additional Terms for Construction Contracts HUD 4010 Form for DBRA Davis Bacon Wage Decision(s) Bid Bond Payment Bond Performance Bond Section 3 Clause for Contractors and Subcontractors Equal Opportunity Clause for Construction Contracts 38 Resources General Regulations HUD Exchange Buying Right CDBG-DR and Procurement: A Guide lo Recovery Uniform Guidance (2 CFR Part 200) $$2 CFR 200.317-326 Procurement Standards MBE/ WBE Clause p.huwastiansumem.lelstiom2wo.l Domestic Preference humshmesatfigmtaumenunmoile2setim.wuz Recovered Materials hitwshuwatisanaumeattie2suiwzw.s Telecommunications hp.buusatigukaumem.le-lauim2wazIG Federal Clauses Appendix II lo Part 200 SAM.gov Wage Determinations Entity Search Davis Bacon and Related Acts Form HUD-4010 Federal Labor Standards Provisions Equal opportunity clause for construction contracts pbasaleansumsas-. subtitle-B/ ueesaae 300.5 Section 3 Contract Clause OLTR Website: Sub-Recipient Resources 39 E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification. to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: tp/wwvenlygow. In accordance with section 448.095, F.S.. the State of Florida expressly requires the following: (I) Every public agency and its contractors and subcontractors shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees. A public agency or a contractor or subcontractor thereof may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. (2) An employer shall verify each new employee' s employment eligibility within three (3) business days after the first day that the new employee begins working for pay as required under 8 C.F.R. 274a. Beginning July 1, 2023, a private employer with 25 or more employees shall use the E- Verify system to verify a new employee's employment eligibility. 40 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Primary Covered Transactions The Bidder certifies that, the firm or any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and/or position involving the administration of federal funds: 1. Bidder must be registered with www.SAM.goy with a status of"A Active' and have no Active Exclusions cited. 2. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.110(a), by any federal department or agency; 3. have not within a three-year period preceding this certification been convicted of or had a civiljudgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 4. are not presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph (b) of this certification; and 5. have not within a three-year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. The Respondent certifies that it shall perform a debarment verification on any subcontractor, sub-consultant, material supplier or vendor, that it proposes to contract with to perform any work under this Bid, and shall not enter into any transaction with any sub-Contractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by St. Johns County. Handwritten Signature of Authorized Principal(s): NAME (print): Sames Cobb SIGNATURE: TITLE: Pasilt NAME OF FIRM: Cooland Colob Eagineeing Co. DATE: 4/9l25 41 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15,2025 PRESENTER: Kramer AGENDA ITEM#: 8 M - Annual Stormwater Program Presentation - MS4 Compliance BACKGROUND: To provide City Council with the annual update on the City's Stormwater Management Program in compliance with the Municipal Separate Storm Sewer System (MS4) permit requirements. This presentation fulfills the MS4 permit requirement for an annual update to the City Council on the implementation and performance ofthe City's Stormwater Management Program. The report will highlight activities and progress related to the six Minimum Control Measures (MCMs): Public Education and Outreach Public Involvement and Participation Illicit Discharge Detection and Elimination Construction Site Runoff Control Post-Construction Stormwater Management Pollution Prevention and Good Housekeeping for Municipal Operations The presentation will include program accomplishments, key data and metrics, compliance efforts, and planned initiatives for the upcoming year. REQUESTED MOTION: Information only. No Council action is required at this time. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Carlisle Havery Kogelschatz Stewart Bishop TABLED TO: OTHER City of Sebring BE ST RMWATER SMART Improving Our - Community Clean rivers, lakes, land streams are vital to the health of our community and economy. Stormwater is water from rain and that can pick up pollutants as it flows over surfaces Stormwater such as roads, sidewalks, buildings, 101 and landscapes. Care MS4 communities The importance of Stormwater Management Why such as ours are Preventing Flooding required to implement About Erosion Control - Publick Health a program that continually improves Water Quality improvement Sustainable Development Stormwater: stormwater Enhancing Property Values compliancey Regulations with management. Current stormwater management strategies range from traditional infrastructure like storm drains and detention ponds to newer, more sustainable approaches such as green What We infrastructure and permeable surfaces. Currently Regular inspections, mechanical cleaning, aiirond E St sediment traps, proper Droint Do disposal, and preventive measures all play a role in keeping the system functioning properly. The goal is to reduce flooding, enhance water quality, and improve the natural water cycle by managing stormwater effectively at the source. : B 1 Veterans Memorial Park Reduces and prevents pollution Stormwater Avoids fines and keeps money for local projects Management Enhances the community Aligns with our community goals on reducing flooding, Benefits improving water quality, enhancing public safety, and promoting environmental sustainability. It's time to make a smart investment in our community: Stormwater Green infrastructure Detention pond maintenance and retrofits Smart Additional green spaces and fewer hard surfaces Solutions Pipe repair and infrastructure improvements Code or ordinance updates Improved stormwater inspections Community outreach and municipal staff training Green Infrastructure Green infrastructure reduces and treats stormwater Permeable Pavement Bioretention Areas before it discharges pollutants to surface waters. Green Roofs Planter Boxes Permeable pavements help treat and store stormwater where rain or snow falls. Permeable Pavement These engineered green areas mimic the Bioretention natural movement of water and can be Areas installed in almost any unpaved space to collect runoff. I - Green roofs-roofs covered with trees, plants, and groundcover --reduce Green Roofs the water that flows off roofs after a storm. Planter boxes allow rain to soak in Planter naturally and are best suited for sidewalks, Boxes parking lots, streets, and medians. Residential Programs RAIN BARREL Downspout Encourage and incentivize community members to manage stormwater and Inlet install green infrastructure in their own Screen Keeps bugs back yards and debris out ofwater supply. Overflow Mechanism Away from home, and to landscaping Spigot if possible. Atl least 3" Programs may focus on activities such from barrel. as planting trees or building and Stable, flat, surface at least 6" off the ground. installing rain barrels and rain gardens DE Costs to the Community Increased flooding if We Don't Manage Infrastructure and property damage Stormwater Better Polluted waterways Permit non-compliance ITT - - - The City of Sebring has implemented several initiatives to enhance its stormwater management system, aiming to reduce flooding, protect water quality, and maintain CDBG-GIP Funding: Sebring applied for $19.4 infrastructure. Here are some of the million through the Community Development key successes: Block Grant = General Infrastructure Program (CDBG-GIP) to rehabilitate or construct stormwater management systems and improve drainage facilities. Routine Cleaning: Catch Basin, Storm Drain, Pipe Inspection and Cleaning, Sediment and Trash Removal, Detention and Retention Pond It's time to invest in stormwater smart solutions Lake Jackson (Current) Discuss future need To Ensure Our success relies on Future Success Partners Funding Long-term commitment Planning Possible Partners Riverkeepers or Schools or religious Recreational other environmental organizations organizations groups Homeowner or civic Cis Chamber of Recreational groups organizations Commerce JIII Financial institutions How can we pay for projects? General funds Funding Utility fees Stormwater Municipal bonds Management State and federal funds Grants, nonprofit contributions, matching funds Private investments CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Swaine AGENDA ITEM#: 9 A = Proposed Ordinance #1538 requiring City Council approval for property located outside the City limits to connect to a City Utility System BACKGROUND: At your March 18, 2025 meeting Council approved on first reading the attached proposed ordinance requiring City Council approval for property located outside the City limits to connect to a City Utility System. REQUESTED MOTION: Approve proposed Ordinance #1538 on second and final as presented. COUNCIL ACTION: APPROVED Moved by: : Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ORDINANCE NO. 1538 AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF SEBRING BY REQUIRING CITY COUNCIL APPROVAL FOR PROPERTY LOCATED OUTSIDE THE CITY LIMITS TO CONNECT TO A CITY UTILITY SYSTEM, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City currently allows connection to a City water systems based on availability and other factors; and WHEREAS, connection to a City water system should be based on a decision by the city council that providing the service will be desirable or necessary for the promotion of the public health, safety and welfare of the City; and WHEREAS, it is in the best interest ofthe citizens of the City of Sebring that Chapter 23 of the Code of Ordinances be amended as set forth herein, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBRING, FLORIDA, THAT: 1. Paragraph (2) of Section 23-32 of the Code of Ordinances of the City of Sebring is hereby amended as follows: "(2) Service outside the city limits. edaissefwh.krerernsepewe-erie Mie-esiyamisehed-iayfreespasiye suppert-he-ewising-aersyse-tesesememieseFheeNeewemsePeFsemise,end-atherrelatied Ae-PeiaiatmiyiawwaNy nsswal-impacton-hewaerysem-teappiestiomshaiereferde-hesiysréminisisative hs-Pheaiainisirenewiwwwaiwrhwwesmyeppiwmienia isapproved,ltshal-bepresentetetiy-cewnei: No property located outside the city limits shall be allowed to establish a new connection to a city utility system unless the connection is authorized by the city council. The decision of whether or not to provide service outside the city limits will be based on a decision by the city council that providing the service will be desirable or necessary for the promotion of the public health, safety and welfare of the City. The city council may take into consideration all factors, including the: financial and economic implications. aesthetic and environmental concerns, feasibility ofaj particular plan, and the effect of an extension on the municipality's long-range zoning, planning, or organization. Any service outside the city limits will be conditioned upon and subject to the terms of a signed written service contract between the City and property owner on a form approved by the city attorney and shall include the consent set forth in Sec. 23-1 of the Sebring Code. In emergency situations, the City Administrator and the Utilities Director are each authorized to permit new utility connections prior to City Council approval." 99 2. This Ordinance shall take effect immediately upon its passage and its approval by the Mayor or it becoming law without his approval. PASSED ON FIRST READING, this day of 2025. PASSED at a regular meeting of the City Council of the City of Sebring, Florida, this day of 2025. Roland Bishop, President, City Council, City of Sebring, Florida Attest: Kathy Haley, City Clerk This Ordinance was adopted after reading at two separate meetings after notice being properly published in a local newspaper and was duly passed on the day of 2025, and the same is hereby certified to the Mayor for his approval or disapproval. WITNESS my hand and seal at Sebring, Florida, this day of 2025. Kathy Haley, City Clerk City ofs Sebring The foregoing Ordinance was received by me this day of 2025, and by me approved this day of 2025. John C. Shoop, Mayor City of Sebring, Florida I, KATHY HALEY, City Clerk of the City of Sebring, Florida, hereby certify that a copy of the foregoing Ordinance was posted by me at the door of the City Hall on the day of 2025, and that same remained SO posted until the day of 2025. Kathy Haley, City Clerk City ofs Sebring, Florida 3 EBRING CiTy OW THE CIRCLE Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on Sebring's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: AN ORDINANCE AMENDING CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF SEBRING BYI REQUIRING CITY COUNCIL APPROVAL FOR PROPERTY LOCATED OUTSIDE THE CITY LIMIITS TO CONNECT TO A CITY UTILITY SYSTEM, AND PROVIDING FOR AN EFFECTIVE DATE. This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means Sebring is of the view that a business impact estimate is not required by state law for the proposed ordinance. If no boxes are checked, the Business Impact Estimate Requirements Section will be completed. Sebring may, in its own discretion, determine to perform a Business Impact Estimate for ordinances exempted per Florida Statutes. This Business Impact Estimate may be revised following its initial posting. REASON EXEMPTED FROM BUSINESS IMPACT ESTIMATE REQUIREMENTS The proposed ordinance is required for compliance with Federal or State law or regulation; The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; The proposed ordinance is an emergency ordinance; The ordinance relates to procurement, or The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in S. 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under SS. 163.3220-163.3243: b. Comprehensive plan amendments and land development regulation amendments initiated by an application by a private party other than the municipality; C. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 Form created consistent with. 2024 Florida Statutes 166.041(4) BUSINESS IMPACT ESTIMATE REQUIREMENTS In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, Sebring hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): The proposed ordinance would revise the approval process for new utility service outside the City limits. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in Sebring, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and (c) An estimate of Sebring's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. None. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses located inside the City will be impacted; all businesses seeking new connections to the City of Sebring utilities will be impacted. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: Sebring's staff solicited comments from businesses in Sebring as to the potential impact of the proposed ordinance by contacting the chamberofcommerce, social media posting, direct mail or direct email, posting on Sebring's website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses). The ordinance applies equaliy to all outside-city new utility connections, whether sought by individuals or businesses. 2 Form created consistent with 2024 Florida Statutes 166.041(4) NOTICEOF INTENT AFFIDAVIT OF PUBLICATION IO ADOPT ORDINANCE Please take notice that Ordinance No. Highlands News Sun 1538 will be presented to the City Council for adoption upon its second and linal reading att the City Council Published Daily Chambers, 368 South Commerce Av enue, Sebring. Flonda 33870,0n the Sebring, Highlands County, Florida 15th day of April, 2025. at 5:30p.m. A copy of the proposed Ordnance can be oblained trom the ollice of the City Clerk. Any person appear Case No. Ordinance 1538 and be heard with respect the pro- posed Ordinance. The proposed Or- oinance is entitled as lolows: STATE OF FLORIDA AN ORDINANCE AMENDING COUNTY OF HIGHLANDS CHAPTER 23 OF THE CODE OF ORDINANCES OF THE CITY OF SEBRING BY REQUIRING CITY ÇOUNCIL APPROVAL FOR PROP. ERTY LOCATED OUTSIDE THE Before the undersigned authority, Janet Emerson, personally appeared who on oath CITY LIMITS TO CONNECT TO A says that she is the Classified Advertising Legal Clerk of Highlands News Sun, a CITY UTILITY SYSTEM, AND that the attached PROVIDING FOR AN EFFECTIVE newspaper published at Sebring in Highlands County, Florida; DATE. copy or reprint of the advertisement, to the right, being a Public Notice, was published in said newspaper by print in the issues of or by publication on the Pursuant Florida Slatutes, to Section as 286.0:05 amended, of the the newspaper's website, if authorized, on: City Council hereby advisest that d any interested person decides to appeal any decision made by the City Cour- cil with respect to any matter con sidered at the proceedings. he will April 02, 2025 need a record of the proceeding and thal, for such purpose, he may necd to ensure that a verbatim record of the proceedings IS made. vich re- cordi includes the testinony and evid- ence upon which the appeal is to be based. Affiant further says that the Highlands News Sun newspaper complies with all legal DISCRIMINATE THE CITY OF SEBRING UPON THE DOES BASIS NOT requirements for publication in chapter 50, Florida Statutes. OF AN INDIVIDUAL'S DISABILITY STATUS. THIS NON-DISCRIMINAT- SIGNED: ORY POLICY INVOLVES EVERY ASPECT OF THE CITY'S FUNC- TIONS, INCLUDING ONE'S AC- CESS TO, PARTICIPATION IN, EM- PLOYMENT OF, OR TREATMENT A Cminaon IN, ITS PROGRAMS AND/OR Janet Emerson ACTIVITIES. IN ACCORDANCE WITH THE AMERICAN WITH DIS- ABILITIES ACT, PERSONS WITH Sworn to and subscribed before me this 2nd day of April 2025 by Janet Emerson, DISABILITIES NEEDING A SPE- CIAL ACCOMMODATION TO PAR- who is personally known to me. TICIPATE IN THIS PROCEEDING SHOULD CONTACT KATHY HALEY, CITY CLERK, AT 368 SOUTH COMMERCE AVENUE, - loves - SEBRING, FLORIDA 33870, TELE- PHONE (863) 471-5100, NOT Nancy Y Whirley, Cusfoher Service Superviso, Notary Number: HH 293555 LATER THAN TWENTY-FOUR (24) HOURS PRIOR TO THE PROCEED- Notary expires: July 26, 2026 ING. IF HEARING OR VOICE IM. PAIRED, PLEASE CALL THE CLERK THROUGH FLORIDA RE- NANCY Y. WHIRLEY LAY SERVICE AT7 711: (TDD) 1- 00029030 00181286 Notary! Publlc 800-955-8771, OR VOICE (V)1- 800-955-8770, VIA FLORIDA RE- State of Florida LAY SERVICE. CITY OF SEBRING (legals) Commi HH299555 This notice shall be publshed on Aprl 368 S. COMMERCE AVE. Expires 7/26/2026 2, 2025. SEBRING, FL 33870 /s/ Kalhy! Haley Kathy) Haley, City Clerk City of Sebring, forida Robert S. Swaine Swar ne & Harris, PA: 425 South Commerce Avenue Sebring. FL 33870 Cily Attorney April 2. 2025 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Swaine AGENDA ITEM#: 9 B = Proposed Utility Services Agreement BACKGROUND: Please find attached the Utility Services Agreement referenced in Ordinance #1538. This agreement will be required by each property owner outside City poundaries who requests City utility services. REQUESTED MOTION: Approve proposed Utility Services Agreement as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the Agreement" ") is made and entered into this day of 202 by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and: whose mailing address is: (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at with parcel identification number as more particularly described in the legal description attached to this Agreement as Exhibit A (the "Property"); and WHEREAS, the Property is acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as (circle each that apply) residential, commercial, industrial. For residential development, the density will have no more than dwelling units/acre. For commercial or industrial development, there will be a maximum of square feet of building(s); and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS, in consideration of the City providing (check each that apply) water or sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and 1 WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 of the City's Code of Ordinances on 202 subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision ofthe Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. 2 Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENT THE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANT TO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER 'S DEFAULT. Section 10 - Miscellaneous. 3 A. All of the terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws ofthe State of Florida. D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event oft breach, whether actual or anticipatory; of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations of the parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last ofthe foregoing occurs. I. At the time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 202 by who is personally known to me or who produced as identification. My commission expires: (NOTARY SEAL) Notary Public Signature Notary Public Print Name 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk 6 EXHIBIT A LEGAL DESCRIPTION 7 CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Sarah Murphy/Brooke Swint/Rick Arnold AGENDA ITEM#: 10 A - Request to utilize City Right-of-way (ROW) for Fiber Network BACKGROUND: Sarah Murphy, Executive manager ofl Business and Economic Development for Highlands County, and Brooke Swint and Rick Arnold, representing IBT Group USA LLC, will be present to request use of City ROW in downtown Sebring for a fiber network. Attachment A Highlands County Agenda Item Summary contracting IBT Group USA to complete County Broadband Project Attachment B = Amendment to the above referenced contract changing scope of work. Attachment C - IBT Group USA PowerPoint presentation. REQUESTED MOTION: If acceptable, approve use of ROW request as presented. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT A 1A HIGHLANDS COUNTY COUNTY COMMISSION AGENDAI ITEM DATE OF ACTION REQUEST: July 16, 2024 PRESENTER: Leah Sauls, Development Services Director Kevin Hernandez, IT Manager SUBJECTTITLE: Request approval of the American Rescue Plan Act (ARPA) Subrecipient Grant Agreement between Highlands County and IBT Group USA in the amount of $4.5 million to complete the County Broadband Project. STATEMENTOE) ISSUE Highlands County chose IBT Group USA from the Request for Proposal 22-023 County-wide Broadband responses. The scope ofwork includes the design, build, and maintenance ofa fiber backbone for the use ofthe County; this fiber backbone segment willl have a minimum of 100 Mbps symmetrical upload and download speeds and dark fiber with a minimum of71 strands. IBT Group USA will continue to work with county stafft to map and design the placement ofthe fiber. The funding for this project comes from the American Rescue Plan Act (ARPA) and must be encumbered by December 31, 2024, and work will be completed on this segment by December 31, 2026. RECOMMENDED ACTION Move to approve the American Rescue Plan Act (ARPA) Subrecipient Grant Agreement between! Highlands County and IBT Group USA in the amount of $4.5 million to complete the County Broadband Project. FISCAL IMPACT There is no fiscal impact to the General Fund (005). The fiscal impact is up to $4.5 million paid to IBT Group USA, reimbursed upon completion ofthe scope ofwork outlined in the agreement. Attachments: IBT Group and Highlands County ARPA Subrecipient Contract signed by IBT AMERICAN RESCUE PLAN ACT (ARPA) SUBRECIPIENT GRANT AGREEMENT THIS AGREEMENT is made and entered into by and between HIGHLANDS COUNTY, a political subdivision of the State of Florida, 600 S. Commerce Avenue, Sebring, Florida 33870 ("GRANTOR or County") and the IBT Group USA, LLC, a limited liability company, or its Assignee as authorized in accordance herewith, 14261 Commerce Wayl Miami Lakes, Florida 33016, SUB-RECIPIENI, WHEREAS, this Agreement is entered into based on and subject to the following representations: Pursuant to 2 C.F.R. $200.1 and $200.92, a subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. As defined by 2 C.F.R. $200.1 and $200.74, "pass-through entity" means ai non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. As defined by 2 C.F.R. $200.1 and $200.93, "sub-recipient" means a non-Federal entity that receives a subaward from aj pass-through entity to carry out part of a Federal program. As defined by 2 C.F.R. $200.1 and $200.38, "Federal award" means Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity. As defined by 2C.F.R. $200.1 and $200.92, "subaward" means an award provided by aj pass- through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. WHEREAS, the County issued RFPZ 22-023, for Broadband Services associated with American Rescue Plan Act funding; and WHEREAS, SUBRECIPIENT submitted a proposal to the GRANTOR for a broadband project that it has certified as compliant with the terms oft the American Rescue Plan Act (ARPA). NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. The Sub Award. GRANTOR will award and release to SUB-RECIPIENT a sum of up to Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00) from its American Rescue Plan Act fund ("Grant") pursuant to the payment terms set forth herein. 2. Scope of Project and Additional Projects. a. Grant funds in the amount of up to Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00) shall be used by SUB-RECIPIENT for the sole purpose of the project described in Exhibit "A" attached hereto ("Approved Project"). 1of29 b. In addition to the Approved Project contemplated by this Agreement, the SUB-RECIPIENT shall have the ability to add additional segments of fiber optic cabling and association equipment in order to provide broadband services to additional areas ofl Highlands County, as set forth in Exhibit "B" attached hereto ("Additional Projects"). To the extent the Additional Projects will be constructed, the same shall only be constructed by the SUB- RECIPIENT through grant opportunities secured by the SUB-RECIPIENT at no additional cost to Highlands County and shall be provided under similar terms and conditions to the Approved Project; provided however, an Amendment to this Agreement must be approved and executed by the parties in order to memorialize the scope of the Additional Projects as well as the expectations and parameters oft the same. 3. Term. Approved Project and expenditures associated therewith must be completed by December 31, 2026, unless an extension of time is granted through a written amendment to this Agreement; however, the Term ofthis Agreement shall extend through December 31,2034 ("Federal Interest Period"). 4. Ownership and Disposition of Project Property. a. "Disposition" as used herein, shall include, but is not limited to, SUBRECIPIENT no longer using the Agreement Property (defined herein) for the uses authorized hereby, including the sale, exchange, transfer, trade- in, or disposal of any such Agreement Property. b. "Agreement Property" means the tangible property including the fiber optic cabling and associated equipment used by SUBRECIPIENT to provide broadband services to Highlands County as contemplated by this Agreement. C. The Federal Interest Period lasts until December 31,2034. Title to Agreement Property acquired or improved under this Agreement shall vest in the SUBRECIPIENT on January 1, 2035, subject to the terms and conditions of this Agreement and the following: .SUB-RECIPIENT must use the Agreement Property for the authorized purpose(s) of the Approved Project in the same manner as comparable real property and equipment within their networks in the ordinary course oft business. 2. SUB-RECIPIENT must participate in federal programs that provide low-income consumers with subsidies on broadband internet access services. 3. SUB-RECIPIENT may dispose of Agreement Property in the ordinary course of business when no longer needed to operate the network, such as in order to upgrade equipment and improve facilities, provided that at least the same level ofs service provided by the network is maintained and there is no material interruption to service and that such upgraded property is subject to the same requirements provided in this guidance as other Agreement Property. 2of29 4. SUB-RECIPIENT may otherwise sell or transfer Agreement Property only after provision of notice to Federal Department ofTreasury that identifies the successor or transferee and after securing the agreement of the successor or transferee to comply with the requirements ofthis Agreement and acknowledgement of the successor or transferee of the federal property interest; and 5. SUB-RECIPIENT must notify the Federal Department of Treasury upon the filing of a petition under the Bankruptcy Code, whether voluntary or involuntary, with respect to the SUB-RECIPIENT or any affiliates. d. SUB-RECIPIENT must provide advance written notification to the GRANTOR, ifduring thel Federal Interest Period, SUB-RECIPIENT proposes to take any action that will impact SUBRECIPIENT'S obligations under this Agreement and ownership of the Agreement Property or modify the use of Agreement Property from the purposes authorized herein. 5. Payment ofl Funds. a. GRANTOR agrees to pay SUB-RECIPIENT for costs and expenses actually incurred and paid by SUB-RECIPIENT in an amount not to exceed Four Million Five Hundred Thousand and 00/100 Dollars ($4,500,000.00), in accordance with the Scope of Project set forth in this Agreement and the payment schedule attached hereto as Exhibit "C". b. The total amount paid to SUB-RECIPIENT in accordance herewith is subject to adjustment by GRANTOR if a substantial change is made in the Approved Project that affects this Agreement or if this Agreement is terminated prior to the expirationofthe Agreement. Funds to be reimbursed in accordance herewith shall not have been expended prior to the Effective Date or following the earlier of the expiration or termination of this Agreement. C. Costs and expenses charged against the funds to be reimbursed in accordance herewith shall be incurred in accordance with the American Rescue Plan and the Federal Treasury's guidance, Office of Budget and Management Guidance, the County's purchasing policies and the Federal regulations attached hereto as Exhibit "D". d. On or before the twentieth (20th) day of each month, SUBRECIPIENT shall submit pay applications to the County for the prior month, setting forth the actual costs and expenditures of SUB-RECIPIENT in accordançe with this Agreement. No later than thirty (30) days after the natural expiration or termination of this Agreement, SUB-RECIPIENT shall submit a final pay application. The County shall notify SUB-RECIPIENT if a pay application or part thereof is not approved. For the avoidance of doubt, ifthe County disputes some items from a pay application, the County may withhold only the amounts that are specifically related to the items under dispute while the remainder of the invoice must be paid. The County will inform SUB-RECIPIENT oft the reasons 3of29 the payment is being withheld within 10 calendar days. Upon agreement related to the disputed amount, payment will be remitted by the County with 10 calendar days thereafter. e. Any funds from the sub award which are not paid to the SUB-RECIPIENT will remain in the GRANTOR'S ARPA Fund and will be available for other appropriations. 6. Right of Way/County Property. a. To the extent possible, the fiber optic cabling, and associated equipment necessary for the SUB-RECIPIENT to provide broadband services to the specified areas of Highlands County, in accordance with the Approved Project, will be placed in Highlands County Right of Way or on County Property. Once final design of the Approved Project has been completed, GRANTOR agrees to provide licenses to the Sub-Recipient in substantially the form attached hereto as Exhibit "E" ("License") for the construction, continued maintenance and improvement of the fiber optic cabling and associated equipment. The County Administrator shall be permitted to execute the necessary Licenses associated with the Approved Project or any Additional Projects, on behalf of the County, sO long as the form of the same has been approved by the County Attorney. b. In the event there is not sufficient County right of way or there is not an area on County property for the placement of the necessary fiber optic cabling and associated equipment for the Approved Project or any Additional Projects, the SUB-RECIPIENT shall be responsible for securing the necessary property interest to complete the Project or Additional Projects, as applicable. 7. Broadband for County Facilities. The SUB-RECIPIENT shall provide: A Private Wide. Area Network (WAN) at no cost to the County. The active equipment required to operate the Private WAN. A courtesy basic internet connection available for use by the County, accessible over the Private WAN. The County, at its sole discretion, may ask to upgrade this courtesy internet connection to meet its bandwidth needs at a standard market rate. To benefit from this provision, the County acknowledges that it will need to allow for the SUB-RECIPIENT to collocate equipment within at least one County facility that is connected by the Private WAN. This collocation will be accessible to the SUB-RECIPIENT during regular business hours for regular maintenance, and 24/7 access in case of an outage of the network. The provision above does not preclude the ability oft the County, at its sole discretion and cost, to distribute internet services from aj provider other than SUB-RECIPIENT over the Private WAN. SUB-RECIPIENT agrees to provide no cost broadband services to Highlands County for the facilities listed on Exhibit "F" attached hereto from the date broadband services become available to 4 of29 each such facility through the December 31, 2034. Beginning on January 1, 2034, ift the County facilities listed in Exhibit "F" are still supported by the broadband services provided by the SUB- RECIPIENT, the County shall have the option of continuing to receive broadband services through the SUB-RECIPIENT; however, the County shall pay for such broadband services to any of its facilities at the then current rate charged by SUB-RECIPIENT to its similarly situated customers. 8. SUB-RECIPIENT Representations and Responsibilities. a. SUB-RECIPIENT has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect SUB- RECIPIENT's performance under this Agreement. b. SUB-RECIPIENT represents and warrants to the GRANTOR that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in aj professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights ofcopyright, trademark, privacy, publicity, libel, slander, or any other rights of any nature whatsoever, or violate any federal and state laws or County ordinances. The GRANTOR will not determine or exercise control as to general procedures or formats necessary for SUBRECIPIENT to meet this obligation. C. SUB-RECIPIENT shall maintain a financial management system and financial records and shall administer funds received pursuant to this Agreement in accordance with all applicable federal and state requirements. SUB-RECIPIENT shall adopt such additional financial management procedures as may from time to time be prescribed by the GRANTOR if required by applicable laws, regulations, or guidelines from its federal and state government funding sources. SUB-RECIPIENT shall maintain detailed, itemized documentation and records of all income received and expenses incurred pursuant to this Agreement. d. Any item of expenditure by SUB-RECIPIENT under the terms of this Agreement which is found by auditors, investigators, and other authorized representatives of the GRANTOR, the GRANTOR'S external Auditor, the U.S. Government Accountability Office or the Comptroller General of the United States to be improper, unallowable, in violation of federal or state law or the terms of the County's ARPA Funding Award or this Agreement, or involving any fraudulent, deceptive, or misleading representations or activities OfSUB-RECIPIENT, shall become SUB-RECIPIENT'sI liability, to be paid by SUB-RECIPIENT from funds other than those provided by the GRANTOR under this Agreement or any other agreements between the GRANTOR and SUB-RECIPIENT. This provision shall survive the expiration or termination of this Agreement for a period of5 years. 5of29 e. SUB-RECIPIENT must comply with all federal audit requirements related to a sub-award and its records must be available for review by the GRANTOR and appropriate officials for a period of 5 years, after which period of time SUB-RECIPIENT shall have no obligation to keep such records. f. Final payment request(s) under this Agreement must be received by the GRANTOR: no later than thirty (30) days after the earlier ofthe expiration date or termination date of this Agreement. No payment request will be accepted by the GRANTOR after this date without authorization from the GRANTOR. In consideration ofthe execution ofthis Agreement by the GRANTOR, SUB- RECIPIENT agrees that acceptance offinal payment from the GRANTOR will constitute an agreement by SUB-RECIPIENT to release and foreverdischarge the GRANTOR, its agents, employees, representatives, affiliates, successors and assigns from any and all claims, demands, damages, liabilities, actions, causes of action or suits of any nature whatsoever, which SUB-RECIPIENT has at the time of acceptance of final payment or may thereafter have, arising out of or in any way relating to any and all injuries and damages of any kind as a result of or in any way relating to this Agreement. SUB-RECIPIENT's obligations to the GRANTOR under this Agreement shall not terminate until all closeout requirements are completed to the satisfaction of the GRANTOR and as required by any Federal regulations governing ARPA funds or the sub award which is the subject of this Agreement. Such requirements shall include, without limitation, submitting final reports to the GRANTOR and providing any closeout-related information requested by the GRANTOR by the deadlines specified by the GRANTOR. This provision shall survive the expiration or termination ofthis Agreement. 9. Cooperation in Monitoring and Evaluation. a. The GRANTOR shall be permitted to monitor, evaluate, and provide guidance and direction to SUB-RECIPIENT as it deems necessary and/or appropriate in the conduct of the Approved Project under this Agreement. The GRANTOR may require SUB-RECIPIENT to take corrective action if deficiencies are found. b. SUB-RECIPIENT shall cooperate fully with any reviews or audits of the activities under this Agreement by authorized representatives of the GRANTOR, the U.S. Government Accountability Office, or the Comptroller General of the United States and SUB-RECIPIENT agrees to ensure to the extent possible the cooperation ofits agents, employees, and board members in any such reviews and audits. This provision shall survive the expiration or termination oft this Agreement for a period of 5 years. 10. Auditing, Records and Inspection. In the performance ofthis Agreement, the SUB- RECIPIENT shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Throughout the term of this Agreement, books, records, and accounts related to thej performance ofthis Agreement shall be open to inspection during regular business hours by an authorized representative of the COUNTY and shall be retained 6of29 by the SUB-RECIPIENT, for a period of five (5) years after termination or completion of the Agreement or until the full COUNTY audit is complete, whichever comes first. The COUNTY shall retain the right to audit the books during the Five (5) year retention period. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, chapter 119, Florida Statutes. The COUNTY has the right to terminate this Agreement based upon the findings in this audit without regard to any notice requirement for termination. 11. Permits and Compliance with Laws. SUBRECIPIENT will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state, and federal laws, rules and regulations which must be obtained or met in connection with the Approved Project. 12. Independent Contractor Status, The parties agree that SUB-RECIPIENT, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the GRANTOR for any purpose. SUB-RECIPIENT and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the GRANTOR'S human resources manual and may not be considered a GRANTOR employee for workers' compensation or any other purpose. SUB-RECIPIENT, its agents, employees, contractors, or subcontractors, are not authorized to represent the GRANTOR or otherwise bind the GRANTOR in any way. 13. Default and Termination. a. IFSUB-RECIPIENT fails to comply with any condition oft this Agreement at the time or in the manner provided for, the GRANTOR may terminate this Agreement ifthe default is not çured within thirty (30)days after written notice is provided to SUB-RECIPIENT, provided, however, that if the nature of SUB-RECIPIENT'S obligation is such that more than thirty (30) days are required for performance, then SUB-RECIPIENT shall not be in default if SUB-RECIPIENT commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. The notice will set forth the items to be cured. Ifthis Agreement is terminated pursuant to this Section, SUB-RECIPIENT will repay to the GRANTOR any Grant funds already delivered to SUBREÇIPIENT for the Approved Project. b. If the GRANTOR issues a Notice of Termination to SUB-RECIPIENT, except as otherwise specified by the GRANTOR in that notice, SUB- RECIPIENT shall: (1) stop work under this Agreement on the date and to the extent specified in the notice; (2) complete performance of such part of the work as shall not have been terminated by the GRANTOR; (3) take such action as may be necessary, or as the GRANTOR may specify, to protect and preserve any property which is in the possession of SUB-RECIPIENT and in which the County has or may acquire an interest; (4) SUB-RECIPIENT shall be paid for all work performed up until the date oft termination, orifcompletion ofthe worki is required per (2) above, then until the date the worki is completed; and (5) upon the effective date of termination of this Agreement, SUB- RECIPIENT shall transfer, assign, and make available to the County all 7of29 property and materials belonging to the County. No extra compensation will be paid to SUB-RECIPIENT for its services in connection with such transfer or assignment. 14. Representatives. a. GRANTOR'S Representative. The GRANTOR'S Representative for the purpose of this Agreement shall be the GRANTOR'S County Administrator or such other individual as the County Administrator: shall designate in writing. Whenever approval or authorization from or communication or submission to the GRANTOR is required by this Agreement, such communication or submission shall be directed to the GRANTOR'S Representative and approvals or authorizations shall be issued only by such Representative. Notice to County: Highlands County Attention: County Administrator 600 N. Commerce Avenue Sebring, Florida 33870 b. SUB-RECIPIENT's Representative. SUBRECIPIENT's Representative for the purpose of this Agreement shall be the SUBRECIPIENT's District Manager or such other individual as SUBRECIPIENT shall designate in writing. Whenever direction to or communication with SUBRECIPIENT is required by this Agreement, such direction orcommunication shall be directed to SUB-RECIPIENT'S Representative; provided, however, that in exigent circumstances when SUB-RECIPIENT's Representative is not available, the GRANTOR may direct its direction or communication to other designated SUBRECIPIENT personnel or agents. Notice to Sub-Recipient: IBT GROUP USA, LLC Attention: Keyvan Sangelaji 14261 Commerce Way, Suite 101 Miami Lakes, Florida keyvan.sangelaji@ibtgroup.com 15. Indemnity/Waiver of Claims. a. The SUB-RECIPIENT agrees to be liable for any and all damages, losses and expenses incurred, by the GRANTEE, in any way related to or caused by the acts and/or omissions of the SUB-RECIPIENT, or any of its employees, agents, sub-contractors, representatives, volunteers or the like, to the extent stemming from the Approved Project and services provided by this Agreement. The SUB-RECIPIENT agrees to indemnify, defend and hold the GRANTORI harmless for any and all claims, suits,judgments, damages, losses and expenses, including but not limited to, court costs, expert witness fees, consultation services and attorney's fees, through and including any appeals, arising from and related to any and all acts and/or omissions of the SUB- 8of29 RECIPIENT, or any ofits employees, agents, sub-contractors, representatives, volunteers, or the like, to the extent stemming from the services provided by this Agreement. Said indemnification, defense and hold harmless activities shall not be limited by any required insurance coverage amounts set forth herein and shall survive termination or natural expiration of this Agreement for a period of six (6) years; however, such six (6) year limitation shall not affect any cause of action requiring indemnification or claim for indemnity made during prior to the expiration of the six (6) year period. b. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). SUB-RECIPIENT's indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by the GRANTOR. C. Should GRANTOR or any indemnitee described herein be required to bring an action against SUB-RECIPIENT to assert its right to defense or indemnification under this Agreement or under SUB-RECIPIENT's applicable insurance policies required below the GRANTOR and/or an indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only ifa court of competent jurisdiction determines SUB-RECIPIENT was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. d. SUB-RECIPIENT also waives all claims and recourse against the GRANTOR or its officers, officials, agents, or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except responsibility for its own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent. e. These obligations shall survive termination or natural expiration of this Agreement for aj period of six (6); years; however, such six (6) year limitation shall not affect any cause of action requiring indemnification or claim for indemnity made during prior to the expiration of the six (6) year period. 16. Insurance. a. The SUB-RECIPIENT shall not commence any construction work in connection with this Agreement until it has obtained all oft the following types of insurance and such insurance has been approved by the GRANTEE, nor shall the SUB-RECIPIENT allow any contractor or subcontractor to commence work on its contract until all similari insurance required ofthe SUB- 9of29 RECIPIENT has been sO obtained and approved. All insurance policies shall be from insurers qualified and doing business in Florida with an AM Best Company rating of no less than A. b. Worker's Compensation Insurance - The SUB-RECIPIENT shall take out and maintain during the life oft this Agreement Worker's Compensation Insurance for all its employees, and thel like, connected with the work ofthis Project and, in case any work is sublet, the SUB-RECIPIENT shall require the contractor or subcontractor similarly to provide Worker's Compensation Insurance for all ofthei their employees unless such employees are covered by the protection afforded by the SUB-RECIPIENT. Such insurance shall comply with Florida Worker's Compensation Law, In case any class of employees, engaged in hazardous work on the Project, is not protected under the Worker's Compensation statute, the Construction Manager shall provide adequate insurance, satisfactory to the Owner, for the protection of employees not otherwise protected. Employers' liability shall be no less than $1,000,000/1,000,000. C. Public Liability and Property Damage Insurance - The SUB-RECIPIENT shall take out and maintain during the life of this Agreement, Comprehensive General Liability and Comprehensive Automobile Liability Insurance to protect it from claims of damage for personal injury, including accidental death, as well as claims for property damage which may arise from its operations under this Agreement whether such operations are by the SUB- RECIPIENT or by anyone directly or indirectly employed by it, and the amount of such insurance shall have the following minimum limits: GENERAL LIABILITY: One Million Dollars ($1,000,000.00) each occurrence; GENERAL AGGREGATE: Two Million Dollars ($2,000,000.00). There shall not be an EFIS Exclusion Endorsement on any general liability policy; d. Automobile Liability Coverages, One Million Dollars ($1,000,000.00) combined single limit, and One Million Dollars ($1,000.000.00) for each occurrence of bodily injury and property damage; e. Excess Liability, Umbrella Coverage, Two Million Dollars ($2,000,000.00) each occurrence. f. Comtasteruhontracte's Public Liability and Property Damage Insurance - The SUB-RECIPIENT shall require each ofits contractors and subcontractors to procure and maintain during the life of any such contract, insurance coverage of the types specified above or insure the activities of the subcontractors in the SUB-RECIPIENT's policies, as specified above. 10 of29 g. "XCU" (Explosion. Collapse, Underground Damage) - The SUB- RECIPEINT shall provide separate "XCU" coverage for those classifications of the GL policy wherein XCU coverage is excluded h. Products and completed operations Coverages - The SUB-RECIPIENT'S Liability Policy shall include Broad Form Property Damage Coverage, Products and Completed Operations Coverages. The products and completed operations portions of the liability coverage shall extend for a period of two (2) years after the completion of the Project. i. Contractual Liability Work Contracts - The SUB-RECIPIENT'S Liability Policy shall include Contractual Liability Coverage designed to protect the SUB-RECIPIENT for contractual liabilities assumed by the SUB- RECIPIENT in the performance oft this Agreement. j. Indemnification Rider - 1. The SUB-RECIPIENT shall indemnify and hold harmless the GRANTOR and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Project, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), and to the extent it (2) is caused in whole or inj part by any negligent act or omission of the SUB-RECIPIENT, any contractor, subcontractor, anyone directly or indirectly employed by any ofthem or anyone for whose acts any ofthem may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation ofi indemnity which would otherwise exist as to any party or person described in this Section. 2. In any and all claims against the GRANTOR or any of its agents or employees by any employee ofthe SUB-RECIPIENT, any subcontractor, anyone directly or indirectly employed by either or anyone for whose acts either may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Sub-RECIPIENT or any comtractonrisubcontnactor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 3. The SUB-RECIPIENT hereby acknowledges receipt of Ten Dollars ($10.00) and other good and valuable consideration from the GRANTOR in exchange for giving the GRANTOR the indemnification provided above in this Section. k. Certificate of Insurance - For every insurance policy required hereunder, the SUB-RECIPIENT shall provide the GRANTOR with a Certificate of Insurance evidencing such coverage for the duration of this Agreement, or 11 of29 such longer period if required hereunder. Said Certificate of Insurance shall be dated and show: 1. The name of the insured SUB-RECIPIENT or any Contractors/Sub- contractors; 2. The specified job by name and job number; 3. List the "HIGHLANDS COUNTY" as an Additional Insured; 4. Recognizes the Indemnification requirements of this Agreement; 5. The name oft the insurer; 6. The number oft the policy; 7. The effective date; 8. The termination date; 9. A statement that the insurer will mail notice to Highlands County at least thirty (30) days prior to any material changes in the provisions or cancellation of the policy. Receipt of certificates or other documentation of insurance or policies or copies of policies by the GRANTEE, or by any ofi its representatives, which indicates less coverage than is required hereunder, does not constitute a waiver of the SUB-RECIPIENT'S obligation to fulfill the insurance requirements specified herein. 1. The SUB-RECIPIENT shall ensure that any cotracoub-comtastoro. hired to perform any of the work on any part of the Project, maintain appropriate insurance as set forth herein. In addition, the SUB-RECIPIENT shall maintain proof ofs same on file and made readily availabie upon request by the GRANTOR. m. Waiver ofSubrogation: 1. The GRANTOR and the SUB-RECIPIENT waive all rights against each other, for damages caused by perils covered by insurance provided under Section to the extent they are covered by such insurance except such rights as either may have to the proceeds ofsuch insurance held by the GRANTOR and Sub-RECIPIENT as trustees. The SUB-RECIPIENT shall require similar waivers from all contractors and sub-subcontractors. 2. The GRANTOR and SUB-RECIPIENT waive all rights against each other for loss or damage to any equipment used in connection with the Project and covered by any property insurance. The SUB-RECIPIENT shall require similar waivers from all contractors and sub- subcontractors. 3. The GRANTOR waives subrogation against the SUB-RECIPIENT on all property and consequential loss policies carried by the GRANTOR on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 4. If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver 12 of29 of subrogation, the owner of such policies will cause them to be sO endorsed and failure to obtain proper endorsement nullifies the waiver of subrogation. 17. Nondiserimination and Equal Pay. a. SUB-RECIPIENT agrees that all hiring by SUB-RECIPIENT of persons performing services for SUB-RECIPIENT or for funds secured by this Grant Agreement shall be based on merit and qualifications. SUB-RECIPIENT will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. SUB-RECIPIENT will not refuse employment to a person, bar a person from employment, or discriminate against aj person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. b. SUBRECIPIENT represents it is, and for the term of this Agreement will be, in compliance with the requirements ofthe American Rescue Plan Act. C. SUBRECIPIENT shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 18. Employment Eligibility Verilication (E-Verify). Pursuant to Florida Statutes, Section 448.095, and in the event performance of this Agreement is or will be funded using state or federal funds, the SUB-RECIPIENT must comply with the Employment Eligibility Verification Program ("E-Verify Program") developed by the federal government to verify the eligibility individuals to work in thel United States and 48 CFR 52.222-54 (as amended) is incorporated herein by reference. Ifapplicable, in accordance with Subpart 22.18 oft the Federal Acquisition Register, the SUB-RECIPIENT shall be registered with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility status of all employees performing work under this Agreement as well as all newly hired employees. In addition, the SUB-RECIPIENT shall require any and all contractors and subcontractors performing work in accordance with this Agreement to register with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility status of all employees performing work under this Agreement as well as all newly hired employees. Any such contractor or subcontractor shall provide an affidavit to the SUB- RECIPIENT stating that the contractor or subcontractor does not employ, contract with or subcontract with any ineligible individuals and the SUB-RECIPIENT must keep a copy of said affidavit for the duration of this Agreement. Violation of this section is subject to immediate termination of this Agreement by the GRANTOR without regard to any notice otherwise required herein. In the event the GRANTOR incurs costs as a result of the SUB-RECIPIENT'S breach ofthis provision, any and all such costs shall be paid by the SUB-RECIPIENT immediately upon receipt of notice of the same from the GRANTOR. Information on registration for and use of the E-Verify Program may be obtained at the Department ofHomeland Security website: httpy/www.dhsgovE Verify. 13 of29 19. Access to Public Records. a. Pursuant to Florida Statutes, Section 119.0701: IF YOU HAVE QUESTIONS REGARDING THE APPLICATION OF FLORIDA STATUTES, CHAPTER 119, TO YOUR DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS: GLORIA RYBINSKI 600 SOUTH COMMERCE AVENUE SEBRING, FLORIDA 33870 TELEPHONE NUMIBER: (863) 402-6836 HCBCCRECORDSAHIGHLANDSFL.GOV b. SUB-RECIPIENT agrees to comply with public records laws, specifically to: 1. Keep and maintain public records required by Highlands County for the scope of this Agreement. 2. Upon request from Highlands County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost allowed by law. 3. Ensure that any public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the contract if the SUB-RECIPIEINT does not transfer the records to the County. 4. Upon completion of this contract, transfer, at no cost, to Highlands County all public records in the SUB-RECIPIENT'S possession or keep and maintain the public records as required by the County. If the SUB- RECIPIENT transfers all public records to the County upon completion ofthis contract, the SUB-RECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SUB-RECIPIENT keeps and maintains public records upon completion of the contract, the SUB-RECIPIENT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County upon request, in a format that is compatible with thei information technology systems of the County. 20. Entire Agreement and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 14 of29 21. No Assignment. SUB-RECIPIENT may not subcontract or assign SUB- RECIPIENT'Srights, including the right toj payments, or any other rights or duties arising hereunder, without the prior written consent of the GRANTOR. 22. No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit ofeach party and their respective successors and assigns. Iti is not the parties' intent to confer third party beneficiary rights upon any other person or entity. 23. Non-Waiver. A waiver by either party ofa any default or breach by the other party of any terms or conditions ofthis Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 24. Severability. All clauses found herein shall act independently of each other. If a clause is found to be illegal or unenforceable, it shall have no effect on any other provision of this Agreement. It is understood by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State ofl Florida or the United States, the validity ofthe remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. If necessary, to preserve the intent of the parties, the parties shall negotiate in good faith to amend this Agreement, adopting a substitute provision for the one deemed invalid or unenforceable that is legally binding and enforceable. 25. Joint Authorship. This Agreement shall be construed as resulting from joint negotiation and authorship. No part of this Agreement shall be construed as the product of any one oft the parties hereto. 26. Venue and Jury Trial. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in Highlands County, Florida or the appropriate Federal Court. The parties hereby waive their right to trial by jury in any action, proceeding or claim, arising out of this Agreement, which may be brought by either oft the parties hereto. 27. Notification ofInstances ofFraud. Upon discovery, SUBRECIPIENT shall report all known or suspected instances of SUBRECIPIENT, or SUBRECIPIENT's: agents, contractors, or employees, operational fraud, or criminal activities in writing within twenty-four (24) chronological hours. [Signatures on Following Page] 15of29 IN WITNESS WHEREOF, Agreement is hereby effective on the lo"day of alg 2024 (Effective Date). HIGHLANDS COUNTY, a political subdivision of the State ofl Florida SEAL bun Q Chobta Kevin Roberts/Chairman ATTEST: Kad - Jerome Kaszubowski, Clerk IBT Group USA, LLC By: Print: Keyvan Sangelaji Title: Managing Director STATE OF FLORIDA, COUNTY OF Miami -Dadc The foregoing instrument yas acknoyedged, before me by means ofy physical presenceor online notarization of Layvan Sanlyeay the onuins yreBf CBT SYMp USA, Wcwho personally swore' ofaffirmed that he/she is authofized to execute this Agreement and thereby, pind IBT Group USA, LLC, who is personally known to me or who produced MI A as idenyification, and who did/did not take an oath this ah day of 20294 SA MN MYCOMMISSION NOTARYPVBLIC, State ofF Florida XPIRE $20-2028 16 of29 EXHIBIT "A" SCOPE OF PROJECT 1. PROJECT DESCRIPTION: The SUBRECIPIENT shall construct/deploy an initial fiber optic network consisting of the Highlands County backbone segment with the installation of fiber optic cable, capable of symmetrical service of a minimum of 100 Megabits per second (Mbps) download and 20 Mbps upload scalable to 100/100 Mbps symmetrical or higher speeds in support of high-speed, reliable, affordable broadband internet as depicted below. It is understood and agreed that the SUBRECIPIENT shall use existing County fiber within the Highlands County backbone segment in order to maximize use oft the funding provided pursuant to this Agreement. The following depiction is an initial baseline of the Highlands County backbone segment and may be updated from time to time through written amendment to this Agreement. Dark fiber with a minimum strand count of 71 strands shall be added as supplementary infrastructure utilizing the Highlands County backbone çonnection. 2. SUBRECIPIENT RESPONSIBILITIES: The Subrecipient shall timely perform the Deliverables and Tasks described hereafter. 3. DELIVERABLES: Final design plans. Site surveys conducted within the proposed service area (in-person, using drones, or through written surveys). Permits obtained as required by federal, state, and local regulations. 17 of29 Right of way licenses or other interests secured by SUB-RECIPIENT. Pole and franchise agreements (as necessary). Mobilization and demobilization include all activities and associated costs for transportation ofc contractor's personnel, equipment, and operating supplies to and from the site. Maintenance oft traffic services prior to and during construction. Deployment of Outside Plant and Inside Plant fiber optic cable network including cost of materials and labor (include but not limited to transmitters, receivers, cable, optical amplifier, coupler/splitters, multiplexor, demuitiplexer, isolators, optical switches, or various function modes). Middle-mile tie ins to reach proposed service area. Last mile fiber within service area. Premises drops for premises passed within service area. Pole replacement when necessary to attach additional cabling due to size or condition. Activities to make-ready for pole attachments. Project management and progress reporting. Restoration of disturbed ground. Test and verify fiber connections. Test and verify data interfaces and throughput. 4. REPORTING: Monthly: SUB-RECIPIENT shall report the information identified below, monthly, all progress relating to the tasks identified. Monthly reports are due no later than 10 calendar days after the end of each month of the program year and shall be sent each month until submission ofthe administrative close-out report. Reporting items are: 1. Fiber cable deployed (in miles and tenths of mile) 2. Number locations with 100/100 Mbps 3. Number locations with 100/20 Mbps scalable to 100/100 Mbps 4. Residential units passed 5. Businesses passed 6. Community Anchor Institutions passed 7. Farms passed 8. Towers built 9. Towers leased (long term) Close-out Report: No later than 60 calendar days after this Agreement ends or is terminated, Subrecipient shall provide copies of all remaining document completed work. 18 of29 EXFBIT "B" ADDITIONAL PROJECTS The Additional Projects shall be pursued in order as set forth below: 1. The following Highlands County properties in no specific order: 12700 Arbuckle Creek Rd., Lorida, FL 33870 516 Cr 17a N, Avon Park, FL 33825 1815 CR 621 E, Lake Placid, FL 33852 2840 N Highlands Blvd., Avon Park, FL 33825 51 Wilhite St., Avon Park, FL 33825 4212 Sun N' Lakes Blvd. Sebring, FL 33872 2300 Longview Ct., Sebring, FL: 33870 3517 Hammock Rd., Sebring, FL33875 4612 Desoto Rd., Sebring, FL 33870 1172 U.S. 98, Lorida, FL 33857 2836 Lake June Blvd., Lake Placid, FL 33852 1317 Columbus St., Lake Placid, FL 33852 11 W. Interlake Blvd., Lake Placid, FL 33852 300 Washington Blvd. NW, Lake Placid, FL 33852 460 S Sun NI Lakes Blvd., Lake Placid, FL 33852 116 E Main St., Avon Park, FL: 33825 11 N Pine Ave., Lake Placid, FL: 33852 17 WI Royal Palm St., Lake Placid, FL 33852 2450 CR 64 E., Avon Park, FL 33825 19of29 EXHIBIT "C" PAYMENT SCHEDULE INVOICE SUBMITTAL AND PAYMENT SCHEDULE: Highlands County shall pay SUBRECIPIENT in accordance with the following schedule in the amount identified per milestone in the table below. The deliverable amount specified does not establish the value ofthe deliverable. SUBRECIPIENT and its contnctonysubcontacors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for payment, costs must be in compliance with laws, rules and regulations applicable to expenditures of Federal and State funds. The following documents shall be submitted with the temized invoice: A. A cover letter signed by SUBRECIPIENT's Representative certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the County in the budget appropriation; (2) are for one or more oft the components as stated in the Scope of the Approved Project; (3) have been paid; (4) were incurred during this Agreement.; and (5) costs have not been reimbursed by another source of funds (the SUBRECIPIENT has not received additional federal funding for this portion of the Approved Project). B. SUBRECIPIENT's invoices shall include the date, period in which work was performed, amount of payment requested, and percentage of work completed to date; C. A certification by an engineer using certifying that the project, or a quantifiable portion of the project, is complete. D. Photographs of the project in progress and completed work; It is understood that the County may require any other information from SUBRECIPIENT that the County deems necessary to verify that the services have been rendered under this Agreement. All documentation necessary to support payment requests must be retained by the SUBRECIPIENT for aj period of five (5): years for the County's review. Milestone/Payments Tasks Minimum Level of Service Subrecipient will mobilize their Subrecipient may request 10% of the total award as evidenced resources and set up the necessary by: resources to begin the project Invoice described in Exhibit A - Project Description Section 2, and Deliverables, Section 4, in this Scope of Work. Amount: $450,000 20 of 29 Subrecipient shall execute the Subrecipient may request the cost of engineering services as necessary engineering services for the detailed in Exhibit A - Project Description, Section 2, and high-speed, reliable, affordable Deliverables, Section 4 as evidenced by: Broadband internet deployment - Invoice described in Exhibit A - Project Detailed design plans Description Section 2, and Deliverables, Section 4, in this Scope of Work. Amount: $450,000. Subrecipient shall receive forty Subrecipient may request forty percent (40%) oft the total percent (40%) when issued the award upon issuance of all PO for the materials needed for the Purchase Orders (PO) for all material project completion as detailed in Exhibit A = Project needed to complete the high-speed, Description, Section 2, and Deliverables, Section 4 as reliable, affordable internet evidenced by thei invoice. Broadband deployment described in Evidence that POs are issued Exhibit A - Project Description Invoice. Section 2, and Deliverables, Section 4, in this Scope of Work not later than ten (10) days from last Purchase Order ("PO") date. Amount: $1,800,000.00 (ofwhich 7% is retainage and the remainder is payable) Subrecipient shall complete thirty- Subrecipient may request fifteen (15%) of the total award eight percent (38%) of the high-speed, upon completion oft thirty eight percent (38%) of project reliable, affordable internet completion as detailed in Exhibit A - Project Description, Broadband deployment described in Section 2, and Deliverables, Section 4 as evidenced by the Exhibit A - Project Description invoice. Section 2, and Deliverables, Section Copy ofi independent engineer certification of! percent 4, in this Scope of Work not later than of completion and in compliance with design plans. fourteen (12) months following date (Exhibit D) of Agreement execution. Invoice. Amount: $675,000.00 (of which 7% is retainage aind the remainder is payable) Subrecipient shall complete eighty- Subrecipient may request 20% oft the total award upon eight percent (88%) of the high-speed, completion of eighty-eight percent (88%) of the project as reliable, affordable internet detailed in Exhibit A - Project Description, Section 2, and Broadband deployment described in Deliverables, Section 4 as evidenced by the invoice. Exhibit A - Project Description Copy ofi independent engineer certification of percent Section 2, and Deliverables, Section of completion and in compliance with design plans. 4, in this Scope of Work not later than (Exhibit D) twenty (18) months following date of Invoice. Agreement execution. 21 of29 Amount: $900,000.00 (of which S 810,000.00 is. payable and $90,000,00retainage, Subrecipient shall complete one Subrecipient may rèquest five percent (5%) of the total award hundred percent (100%) of the high- upon completion of one hundred percent (100%) of the project speed, reliable, affordable internet as detailed in Exhibit A - Project Description, Section 2, and Broadband deployment described in Deliverables, Section 4 as evidenced by the invoice. Exhibit. A - Project Description Copy of independent engineer certification of percent Section 2, and Deliverables, Section of completion and in compliance with design plans. 4, in this Scope of Work not later than (Exhibit D) twenty (22) months following date of Invoice. Agreement execution. Amount: $225,000.00 (of which $ 202,500.00 is payable and $22,500.00 retainage) Subrecipient shall complete the close- Subrecipient may request the retainage of the total award upon out of the high-speed, reliable, close-out of the project as detailed in Exhibit A - Project affordable internet Broadband Description, Section 2, and Deliverables, Section 4 as deployment described in Exhibit A - evidenced by the invoice. Project Description Section 2, and Project close-out Deliverables, Section 4, in this Scope Invoice. of Work not later than twenty-six (24) months following date of Agreement execution. Retainage. Amount: (total payable) - TOTAL AMOUNT NOT TO EXCEED: $4,500,000.00 22of29 EXHUBIT "D" FEDERAL REQUIREMENTS The SUB-RECIPIENT acknowledges that the Approved Project is being funded with American Recovery Plan Act funds and hereby agrees to comply and require its Contractors to comply with the following specific Federal requirements and regulations: A. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR $200.326 Appendix II tol Part 200 (C)) During the performance of the contract, SUB-RECIPIENT and its CONTRACTORS shall comply with thel Equal Employment Opportunity Clause (41 CFR 60-1.4(b): 1. SUB-RECIPEINT and its CONTRACTORS will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. SUB-RECIPEINT and its CONTRACTORS will take affirmative action to ensure that applicants are employed, and that employees are treated during employment withoutr regard totheirrace, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. SUB- RECIPEINT and its CONTRACTORS agree to post in conspicuous plaçes, available to employees and applicants for employment, notices to be provided setting forth the provisions oft this nondiscrimination clause. 2. SUB-RECIPEINT and its CONTRACTORS will, in all solicitations or advertisements for employees placed by or on behalf of the SUB- RECIPEINT and its CONTRACTORS, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. SUB-RECIPEINT and its CONTRACTORS will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the SUB- RECIPEINT and its CONTRACTORS' commitments under this section, and shall post copies of the notice in conspicuous plaçes available to employees and applicants for employment. 4. SUB-RECIPEINT and its CONTRACTORS will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders oft the Secretary ofLabor. 5. SUB-RECIPEINT and its CONTRACTORS will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for purpose of investigation to ascertain compliance with such rules, regulations, andorders. 6. In the event of the SUB-RECIPEINT and its CONTRACTORS' noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this contract may be canceled, 23 of29 terminated, or suspended in whole or in part and the SUB-RECIPEINT and its CONTRACTORS may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 ofSeptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order oft the Secretary of Labor, or as otherwise provided by law. 7. SUB-RECIPEINT and its CONTRACTORS will include the portion of the sentence immediately preceding paragraph I and the provisions of paragraph 1 through 7i in every subcontract or purchase order unless exempted byr rules, regulations, or orders of the Secretary ofLabori issued pursuant to section 204 of Executive Order 11246 ofSeptember 24, 1965, sO that such provisions will be binding upon each subcontractor or vendor. The SUB-RECIPEINT and its CONTRACTORS will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a SUB-RECIPEINT and its CONTRACTORS becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the SUB- RECIPEINT and its CONTRACTORS may request the United States to enter into such litigation to protect the interest of the United States. B. COPELAND "ANTI-KICKBACK" ACT (2 CFR $200.326 Appendix II to Part 200 (D)) (Applicable only for construction contracts in excess of $2,000.) CONTRACTOR shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C.$3145), as supplemented by Department ofLabor regulations (29 CFR Part3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that the CONTRACTOR and COUNTY is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the appropriate Federal agency. 1. SUB-RECIPEINT and its CONTRACTORS. The SUB-RECIPEINT and its CONTRACTORS shall comply with 18 U.S.C. $ 874, 401 U.S. C. $3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. 2. Subcontracts. The SUB-RECIPEINT and its CONTRACTORS or subcontractors shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring thes subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all ofthese contract clauses. 3. Breach. A breach ofthe contract clause above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as 24 of29 provided in 29 C.F.R. $5.12. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR $200.326 Appendix II to Part 200 (E)) (40 U.S.C. 3701-3708) (Not applicable to the purchases ofs supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission ofintelligence.) Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the SUB-RECIPEINT and its CONTRACTORS and subcontractors shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (2 CFR $200.326 Appendix II to Part 200 (F)) If the Federal award meets the definition of "funding agreement" under 37 CFR $401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"t the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. E. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2 CFR $200.326 Appendix II to Part 200 (G) CONTRACTOR shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). F. DEBARMENT AND SUSPENSION (2 CFR $200.326 Appendix II to Part 200 (H)) A contract cannot be awarded to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3CFR part 1989 Comp., p. 235), "Debarment and Suspension. " The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Vendor/CONTRACTOR agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout thej period ofa any contract that may arise from this offer. The VendPrICONTRACTOR further agrees to include a provision requiring such compliance in its lower tier 25 of29 covered transactions. G. PROCUREMENT OF RECOVERED MATERIALS (2 CFR $200.322) CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of reçovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS (2 CFR $200.321) Should the SUB-RECIPEINT and its CONTRACTORS subcontract any of the work under this Contract, SUB-RECIPEINT and its CONTRACTORS shall take the following affirmative steps: place qualified small and minority businesses and women's business enterprises on solicitation lists; assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Their websites and contact information can be found at www.SBA.gov and WWW.MBDA.gov. I. ENERGY EFFICIENCY AND CONSERVATION CONTRACTOR shall comply with the mandatory standards and policies of the Florida Energy Efficiency and Conservation Act issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. $ 6201). J. BYRD ANTI-LOBBYING AMENDMENT (2 CFR $200.326 Appendix II to Part 200 ()) Vendors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee ofa any agency, a member ofCongress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. If not provided with the bid response, Vendor must complete and submit the Certification Regarding Lobbying Form within three business days of COUNTY's request. 26 of29 K. Civil Rights Compliance - Ensure no discrimination on basis of race, color, national origin, disability, age, or sex. Assures compliance with Title VI of the Civil Rights Act of 1964. L. Huawei and ZTErestrictions, 2 CFR $ 200.216, prohibits award recipients from using federal award funds to procure or obtain any "equipment, services, or systems that uses covered telecommunications equipment or services as a substantial . component of any system.' 1 Covered telecommunications equipment or services include such items provided by Huawei Technology Company, ZTE Corporation, or any of their many subsidiaries or affiliates. Section 200.471 makes purchases of covered technology unallowable under federal funding. M. Domestic Preference As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). N. Affirmative Action Contractor must take steps and document all necessary affirmative steps to assure that minority business enterprises, women business enterprises and labor surplus area firms, as the funding requires, are used whenever possible and when subcontracts are to be let by the Prime contractor that they are required to follow the affirmative steps in 2 CGR 200.321. Where appropriate, divide requirements into smaller tasks to permit maximum participation. - - 27 of29 EXHIBIT "E" LICENSE FORM 28 of29 EXHIBIT "F" LIST OF COUNTY FACILITIES Address 434 Fernleaf Avenue, Sebring, Florida 33870, Unitèd States. 505 South Commerce Avenue, Sebring, Florida 33870, United States 505 South Commerce Avenue, Sebring, Florida 33870, United:States. 1968 Sebring Parkway, Sebring, Florida 33870, United States 430 South Commerce Avenue, Sebring, Florida 33870, United States, 430 South Commerce Avenue, Sebring, Florida 33870, United States 430 South Commerce Avenue, Sebring, Florida 33879, United. States 430 South Commerce Avenue, Sebring, Florida 33870, United States 636 Fernleaf Avenue, Sebring, Florida 33870, United. States 501 S Commerce Ave #1, Sebring, FL 33870 501 S Commerce Ave #1, Sebring, FL 33870 520 Fernleaf Avenue, Sebring, Florida 33870, United States 216 Sheriffs Tower Road, Sebring, Florida 33870, United States 216 Sheriffs Tower Road, Sebring, Florida 33870, United States 216 Sheriffs Tower Road, Sebring, Florida 33870, United States 411 S Eucalyptus St, Sebring, Florida 33870, United States 4509 George Boulevard, Sebring, Florida 33875, United States 4344 George Boulevard, Sebring, Florida 33875, United States 6850 S George Blvd, Sebring, FL 33875 7205 South George Boulevard, Sebring, Florida 33875, United States 4344 George Boulevard, Sebring, Florida 33875, United States 4344 George Boulevard, Sebring, Florida 33875, United States 4344 George Blvd, Sebring, Florida 33870, United States 6800 West George Boulevard, Sebring, Florida 33876, United States 4344 George Boulevard, Sebring, Florida 33875, United States 4344 George Boulevard, Sebring, Florida 33875, United States 4344 George Boulevard, Sebring, Florida, 33875, United: States 7209 South George Boulevard, Sebring, Florida 33875, United States 4344 George Boulevard, Sebring, Florida 33875, United States. 4500 Kenilworth Boulevard, Sebring, Florida 33870, United States 319 West Center Avenue, Sebring, Florida 33870; United States - 230 Peach Street, Sebring, Florida 33870, United States 800 Sheriffs Tower Road, Sebring, Florida 33870, United States. 1 29 of29 ATTACHMENT B AMENDMENT 1 TO THE AGREEMENT BETWEEN HIGHLANDS COUNTY, FLORIDA AND IBT GROUP USA, LLC THIS AMENDMENT is entered into by and between HIGHLANDS COUNTY, a political subdivision ofthe State ofFlorida, 600 South Commerce Avenue, Sebring, Florida 33870, hereinafter referred to as the "COUNTY" and IBT Group USA, LLC, 14261 Commerce Way, Miami Lakes, Florida 33016, hereinafter referred to as the "SUB-RECIPIENT). WHEREAS, on July 16, 2024, the COUNTY entered into an Agreement with the SUB- RECIPIENT related to the Request for Proposal 22-023 four County-wide Broadband (hereinafter referred to as the "Agreement"); and WHEREAS, the COUNTY has requested certain revisions to the Scope of Work to refine same; and WHEREAS the COUNTY has determined that it is in the best interest of the citizens of and the visitors to Highlands County to amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual covenants, terms and provisions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Agreement between the COUNTY and SUB-RECIPIENT is amended as follows: 1. Exhibit "A" is hereby deleted in its entirety and replaced with Exhibit "A-1" attached hereto and made a binding part hereof. 2. All other terms and conditions ofthe Agreement shall remain in full force and effect. To the extent of any conflict between the terms and conditions of this Amendment 1 and the Agreement, this Amendment 1 shall prevail. Signatures on Following Page] Page 1 of2 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Amendment effective the day of 2024. HIGHLANDS COUNTY Chair, Highlands County Board of County Commissioners ATTEST: Jerome Kaszubowski, Clerk IBT GROUP USA, LLC By: Print: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means ofI li physical presence or [ ] online notarization of as of IBT Group USA, LLC, who personally swore or affirmed that he/she is authorized to execute this Agreement and thereby bind the SUB-RECIPIENT, and who is personally known to me or who produced as identification, and who did/did not take an oath this day of 2024. NOTARY PUBLIC (Stamp) Page 2 of 2 EXHBIT "A" SCOPE OF PROJECT 1. PROJECT DESCRIPTION: The SUBRECIPIENT shall construct/deploy an initial fiber optic network consisting ofthe two Highlands County Point to Point segments within IBT's backbone deployment with the installation of fiber optic cable, capable of symmetrical service of a minimum of 100 Megabits per second (Mbps) download and 20 Mbps upload scalable to 100/100 Mbps symmetrical or higher speeds in support of high- speed, reliable, affordable broadband internet as depicted below: Chuicn V Highlands PTPL Locations [3) Highlands County Backbone Routes PTP Routes - Additional Backbone The above route map includes a Point-to-Point (PTP) fiber network in a hub and spoke configuration connecting the Highlands County Annex, 501 S. Commerce Ave (the Hub), to the following two Spoke Locations using 12 strands of dark-fiber that is single-mode: Sebring Public Library, 319 W. Center Ave, Sebring, FL (Spoke Location 1). Public Safety Station 17, 230 Peach Street, Sebring, FL (Spoke Location 2). 2. SUBRECIPIENT RESPONSIBILITIES: The Subrecipient shall timely perform the Deliverables and Tasks described hereafter. 3. DELIVERABLES: Final design plans. Site surveys conducted within the proposed service area (in-person, using drones, or through written surveys). Permits obtained as required by federal, state, and local regulations. Right of way licenses or other interests secured by SUB-RECIPIENT. Pole and franchise agreements (as necessary). Mobilization and demobilization include all activities and associated costs for transportation of contractorspersonne, equipment, and operating supplies to and from the site. Maintenance oft traffic services prior to and during construction. Deployment of Outside Plant and Inside Plant fiber optic cable network including cost of materials and labor (include but not limited to transmitters, receivers, cable, optical amplifier, coupler/splitters, multiplexor, demultiplexer, isolators, optical switches, or various function modes). Middle-mile tie ins to reach proposed service area. Last mile fiber within service area. Premises drops for premises passed within service area. Pole replacement when necessary to attach additional cabling due to size or condition. Activities to make-ready for pole attachments. Project management and progress reporting. Restoration of disturbed ground. Test and verify fiber connections. Test and verify data interfaces and throughput. 4. REPORTING: Monthly: SUB-RECIPIENT shall report the information identified below, monthly, all progress relating to the tasks identified. Monthly reports are due no later than 10 calendar days after the end of each month of the program year and shall be sent each month until submission of the administrative close-out report. Reporting items are: 1. Fiber cable deployed (in miles and tenths of mile) 2. Number locations with 100/100 Mbps 3. Number locations with 100/20 Mbps scalable to 100/100 Mbps 4. Residential units passed 5. Businesses passed 6. Community Anchor Institutions passed 7. Farms passed 8. Towers built 9. Towers leased (long term) Close-out Report: No later than 60 calendar days after this Agreement ends or is terminated, Subrecipient shall provide copies of all remaining document completed work. EXHIBIT "F" LIST OF COUNTY FACILITIES Address 501 S. Commerce Ave, Sebring, Florida 33870 319 W. Center Ave, Sebring, Florida 33870 230 Peach Street, Sebring, Florida 33870 ATTACHMENT C Fiber to the Premise Network DOWNTOWN SEBRING - - - GROUP Network Origin: Network Highlands Government Center Design Fiber cables will be Overview installed underground All cables will be placed Directional Boring in conduits Precision Contracting Services, Inc. Construction Methods Trenching Micro-Trenching Network Footprint et g Oibt CONNECT GoogleEaryh Requested Micro-Trenching Locations ke Jacr. SOOF no GovCtr a - Precision Contracting Services, Inc. M 11 End E & Micro- Trenching Process In Process Pre Construction Micro-Trench opened with conduit placed Micro-Trench complete with Post Construction flowable fill and sealant Sealed Micro- Trench Project Construction Timeline Precision Contracting Services, Inc. Residential V Available Plans - Residential Broadband Fiber Core 150 Mbps/150 Mbps $55 monthly Supports up to 10 devices Fiber Plus 250 Mbps/250 Mbps $75 monthly Supports up to 20 devices a Fiber Pro 1 Gig/1 Gig V Symmetric download and upload speed $95 monthly V Parental Controls Supports 20+ devices V WiFi equipment Enhanced security feature V No contract, cancel anytime (Promotional Rates not applied) Scheduling Options for Installation of Internet Service IBT Connect Website Toll free customer service line Local Marketing Events Oibt CONNECT CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Dana Riddell AGENDA ITEM#: 101 B - Utilities request for proposed development in the County located at 4007 Sparta Rd BACKGROUND: Please find attached (Attachment A) a proposed Utility Services Agreement between the City of Sebring and Sparta Properties LLC. The proposed development would have a maximum of40 single family residential homes on a 10.33 acre parcel. Please also find attached (Attachment B) the proposed site plan and renderings of the development. The developer is requesting both water and sewer service from the City as a condition to development in the County. The owner will also be required to sign a Declaration of Covenants, for annexation of the property into the City if and when the City of Sebring City Council determines such annexation is in the best interest ofthe City. REQUESTED MOTION: If acceptable, approve the Utility Services Agreement conditioned upon execution by the owner. COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER ATTACHMENT A UTILITY SERVICES AGREEMENT This UTILITY SERVICES AGREEMENT (the Agreement") is made and entered into this 15th day of April, 2025, by and between the CITY OF SEBRING, a Florida municipal corporation, whose mailing address is 368 South Commerce Ave, Sebring, Florida 33870 (the "City") and Sparta Properties LLC whose mailing address is: (collectively, the "Owner"). Recitals WHEREAS, the Owner owns certain real property located at 4007 Sparta Rd., Sebring, FL 33875, with parcel identification number C-06-35-29-A00-0160-0000 as more particularly described in the legal description attached to this. Agreement as ExhibitA (the Property");and WHEREAS, the Property is 10.33 acre(s) in size; and WHEREAS, the Owner seeks to develop the Property as residential. For residential development, the density will have no more than 3.87 dwelling units/acre; and WHEREAS, Owner represented that the property would be developed specifically as follows in seeking approval of the utility connection: Amaximum of 40 single-family residential homes. WHEREAS, the Property is located outside the City's boundaries, and, therefore, provision of utility service to the Property is subject to the requirements of Section 23-32 of the Sebring Code; and WHEREAS, the Owner has requested, and the City has agreed, subject to the terms, conditions, and limitations hereinafter set forth, that the City shall provide the utility service described herein to the Property; and WHEREAS,in consideration ofthe City providing water and sewer service to the Property, the Owner agrees to enter into this Agreement regarding the City's provision of utility service to the Property; and WHEREAS, the Owner has executed the consent set forth in Sec. 23-1 ofthe Sebring Code; and WHEREAS, the Sebring City Council approved the connection pursuant to Section 23-32 oft the City's Code of Ordinances on April 15, 2025, subject to the execution of this agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth herein and other good and valuable consideration the receipt of which is hereby acknowledged and intending to be legally bound hereby, the parties hereto do hereby agree as follows: Section 1- Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2- Provision of Sewer and Water Service. A. Subject to the terms, conditions, and limitations hereinafter set forth., the City hereby agrees to provide the utility services noted on in the Recitals at the Property (the "Services") upon execution ofthis Agreement and payment of all fees, costs, and expenses associated with the provision of the Services. B. The Owner agrees to pay all such charges for connection, usage, and all other charges for the Services as required by the City under applicable ordinances and rate schedules which are now existing or as may be changed from time to time. C. The Owner acknowledges that, if the Property is developed other than as set forth in the Recitals, the City is not obligated to provide the Property with utility service. Section 3 - Cost to Extend Utilities to the Property. Owner agrees to pay all costs of engineering, materials, labor, supervision, inspection, and testing in order to install the total length of extension necessary, in the professional opinion of the City Utilities Director or designee, to provide service to the Owner's premises. The Owner shall be responsible for the installation and conformance with all applicable codes, rules, City standards, and regulations of all service lines, and connections on the Owner's premises. The City shall have the option to perform the necessary work, or the City may have such work performed by outside forces in which case the Owner shall pay in advance all estimated costs thereof. In the event the City has such work performed, the Owner shall remit such advance funds, and any additional funds as may be necessary to pay for the actual completed project for the extension of utility services. Section 4 - Title to Utilities. Title to all mains, extensions, and other facilities extending from the City water distribution system to and including the meter to service the Owner shall be vested to the City exclusively. Section 5 - Access. Any rights-of-way or easements necessary shall be provided by the Owner. Section 6 - Indemnification. The Owner hereby agrees to indemnify, defend, and hold harmless the City ofSebring, Florida, its Mayor, members ofthe City Council, officers, employees, 2 and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses, including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post-judgment collection) and costs arising out of or resulting from the Owner's obligations under or performance pursuant to this agreement. Section 7 - Representations. A. The Owner hereby warrants and represents to the City that the Owner currently owns fee title to the Property and has full power and authority to enter into this Agreement. B. Nothing in this agreement shall be construed as requiring the City to construct or install any sanitary sewer lines or other improvements of any kind upon the Property or extend such public improvements to service the Property. Section 8 - Notices. Any notice required to be given hereunder shall be in writing and shall be delivered in person or by certified mail, postage paid, return receipt requested as follows. If such notice is to be given to the City, such shall be given at the address set forth above. If such notice is to be given to the Owner, such shall be given at the address shown in the tax collector's records for the Tax Parcel Identification Number set forth above. Any notice, direction or other communication delivered or mailed, as directed above shall be deemed to be delivered as of three (3) days after the date of mailing or, if delivered personally, when received. Section 9 - Defaults and Remedies. IN THE EVENTTHE OWNER FAILS TO COMPLY WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SUCH FAILURE CONTINUES FOR THIRTY (30) DAYS AFTER WRITTEN NOTICE FROM THE CITY, THE CITY MAY DISCONNECT AND TERMINATE THE SERVICES PROVIDED TO THE PROPERTY PURSUANTTO THIS AGREEMENT. THE OWNER HEREBY CONSENTS TO SUCH DISCONNECTION AND TERMINATION OF THE SERVICES AND EXPRESSLY WAIVES ANY CLAIMS BASED UPON THE DISCONNECTION AND TERMINATION OF SUCH THE SERVICES BY THE CITY DUE TO OWNER'S DEFAULT. Section 10 - Miscellaneous. A. All oft the terms ofthis Agreement shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns, and legal representatives. B. This Agreement may not be modified or amended, or any term or provision hereof waived or discharged except in writing, signed by all parties hereto, or their respective successors and assigns. C. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Florida. 3 D. The headings of this Agreement are for reference only and shall not limit or otherwise affect the meaning thereof. E. The parties agree that mandamus, specific performance, or injunctive relief (either prohibitory or mandatory, both temporary or permanent) are the appropriate remedies in the event of breach, whether actual or anticipatory, of this Agreement. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's fees (including costs and fees incurred on appeal or in connection with post- judgment collection). F. This Agreement embodies all agreements and representations ofthe parties. There are no promises, terms, conditions, or allegations other than those contained herein; and this Agreement supersedes all previous communications, representations, and agreements, whether written or verbal, between the parties. G. This Agreement may be executed in one or more counterparts, each of which when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. H. This Agreement shall not take effect unless and until it is executed by the Owner, approved by the City Council, and executed by an authorized representative of the City. This Agreement shall take effect on the date the last of the foregoing occurs. I. Atthe time the Property is annexed into the City, this Agreement shall automatically terminate and the Property shall be subject to the provisions of the City's ordinances, rate schedules, and requirements for properties located within the City's boundaries. [Signature Page(s) to Follow] 4 [OWNER SIGNATURE PAGE] OWNER: Name Printed: STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 202 by who is personally known to me or who produced as identification. My commission expires: (NOTARY SEAL) Notary Public Signature Notary Public Print Name 5 [CITY SIGNATURE PAGE] CITY OF SEBRING, FLORIDA BY: REVIEWED AND APPROVED BY: Mayor City Attorney Dated: 20 ATTEST: City Clerk EXHIBIT A LEGALI DESCRIPTION BEGINNING AT A STAKE IN THE EASTERN LINE OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 29 EAST, SAID STAKE BEING 20 RODS SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 6, TOWNSHIP 35 SOUTH, RANGE 29 EAST, THENCE WEST 80 RODS TO A STAKE; THENCE SOUTH 20 RODS TO A STAKE, THENCE EAST 80 RODS TO A STAKE; THENCE NORTH 20 RODS TO THE PLACE OF BEGINNING. AND THE SOUTH 20 FEETOF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 29 EAST, HIGHLANDS COUNTY, FLORIDA. 7 SPARTA GARDENS SUBDIVISION GRAPHIC SCALE SECTION 06, TOWNSHIP 35 SOUTH, RANGA E 29 EAST HIGHLANDS COUNTY, FLA E EoS GE' RM 8P 32 09" 1285.24" 323 e 133 saoo saoc & 35.00 & 6 6 RETENTION 200.00 / 8 2 05.2 22 2" 8 a : a a a : - REVENTION 8 8 132.38" - 02.37 s0.00 s0.00 89 1285.30 -1 Dosos USE: EeCN USE u PARCEL D C08352A000I80C0NO 10.33 +- ACRES 4007 SPARTA, SEBRING, FL 1Bo GROUP DEVELOPMENT SHERIDAN EE HOLLYWOOD. FL Sof SITE PROPOSED: FLUMI Designation : RM Zoning -R-1AFUD MAJOMUMI Impervious Coverge 50% DENSITY: 40 LOTS/ 10.33 3.87 UNITS PER ACRE MINIMUML LOT SIZE 6 6,250 S.F. WATER SUPPLY- CITY OF SEBRING MINIMUMI LOT WoTHa 50 FEET SEWER SUPPLY- CENTRAL -cmy OF SEBRING LOTS SETBACKS: FRONT AND REAR E 25' SIDES : 7.5' LOCATION MAP SPARTA GARDENS F.U.D. SITE PLAN PREPARED BY JEFF KENNEDY 863-835-2055 04-02-2025 SP Tl TMI Sparta Gardens ann Gardens 1 : 1 -5 1 - - a a ATTACHMENT B - - CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTER: Noethlich/Robinson AGENDA ITEM#: 13 A - Project Report 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 Lakeview to smooth out the roadway. Staffis working on obtaining easements. Eco-Park Contract has been executed, and Phase I Environmental has been completed. City is awaiting survey and appraisal. Closing date is scheduled for May 2025. Inspection period has been extended to April 23, 2025. Potential FDOT road swap of 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 provided by the State was 1.5 - 2 years. FDOT has set meetings for fourth Thursday of each month. Meeting was held on February 6th and proposed roads for the roadway swap were agreed upon. Staff had a meeting on April 7th with FDOT to discuss drainage and paving. Relocation of Public Works/Utilities - Contract for land purchase approved February 4, 2025. Inspection period 90 days. City has contracted for Phase I Environmental. Lakeview Watersports Agreement - has been sent to Lakeview Watersports for their review and staffi is waiting for a response. As directed by Council at their February 4, 2025 meeting, at the request of staff, Council extended the time for action on the proposed license agreement until the March 4, 2025 meeting. Lakeview Watersports has submitted propose changes for review. Purchase of building & parking lot at 126 W. Center Ave. Contract for purchase approved February 4, 2025. Inspection Period 75 days. REQUESTED MOTION: None; for informational purposes COUNCIL ACTION: APPROVED Moved by: Seconded by: DENIED Bishop Carlisle Havery Kogelschatz Stewart TABLED TO: OTHER CITY OF SEBRING AGENDA ITEM SUMMARY MEETING DATE: April 15, 2025 PRESENTOR: Haley AGENDA ITEM#: 14A - City of Sebring Bills BACKGROUND: The bills for the April 15, 2025 meeting will be emailed to you on April 11, 2025. REQUESTED MOTION: Approve the payment ofbills as presented. COUNCIL ACTION: APPROVED DENIED Moved by: : Seconded by: DEFERRED Carlisle Havery. Kogelschatz Stewart Bishop OTHER