BOARD OF SUMTER COUNTY COMMISSIONERS Chairman - Garry Breeden - District 4 Vice Chairman - Craig Estep - District 3 2 nd Vice Chairman - Oren Miller - District 5 Gary Search - District 1 Doug Gilpin - District 2

December 22, 2020 5:00 PM

PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES ANY PERSON WHO MAY FEEL THE NEED TO APPEAL A BOARD DECISION IS HEREBY NOTIFIED THAT IT WILL BE NECESSARY FOR YOU TO PROVIDE YOUR OWN VERBATIM RECORDING OF THE BOARDS MINUTES OR ANY PORTION THEREOF Any person requiring reasonable accommodation at this meeting because of, disability, physical impairment, or interpretation needs should contact the County Administrator's Office, 7375 Powell Road, Wildwood, FL 34785 (352) 689-4400 at least two days before the meeting. Meeting Location: Everglades Regional Recreation Center (5497 Marsh Bend Trail, Grand Canyon Room, The Villages, FL 32163)

AGENDA

MEETING IS CALLED TO ORDER BY THE CHAIRMAN INVOCATION FLAG SALUTE

1. TIMED ITEMS & PUBLIC HEARINGS None

2. REPORTS AND INPUT

a. Letter of Recognition - Wildwood Food Pantry

Documents:

Letter of Recognition - Wildwood Food Pantry.pdf

b. County Administrator

1. Letter to Ron Brown, Charter Oaks Real Estate, CR 462(For Direction)

Documents:

CR 462 Realignment Letter.pdf

2. Notice of Award for Emergency Medical Services (EMS) County Grant, ID Code C9060 in the amount of $17,834.00 (For Information Only).

Documents:

Emergency Medical Services Grant.pdf

c. County Attorney

d. Clerk of Circuit Court

e. Board Members

f. Public Forum

3. NEW BUSINESS - ACTION REQUIRED

a. MINUTES

1. Minutes of Regular Meeting held on November 24, 2020 (Staff Recommends Approval).

Documents:

11-24-20 Regular Meeting Minutes.pdf

b. SET FUTURE PUBLIC HEARINGS OR MEETINGS

1. Schedule a Public Hearing to Amend Chapter 4, “Animal Control” of the Sumter County Code on January 12, 2021 at 7:00 PM at Everglades Recreation Center, 5497 Marsh Bend Trail, The Villages, FL (Staff Recommends Approval).

Documents:

Executive Summary Anti Tethering Ordinance.pdf Ordinance.pdf

c. APPOINTMENTS

1. Affordable Housing Advisory Committee (AHAC) Vacancy (Board’s Option).

Documents:

Executive_Summary_Affordable_Housing_Advisory_Committee_(AHAC) 11.10.20.pdf Ordinance - Housing.pdf

2. Construction Industry Licensing/Fire Code Board of Appeals Vacancy (Board’s Option).

Documents:

Executive_Summary_Construction.pdf Ordinance.pdf

3. Public Safety Coordinating Council Vacancies (Board’s Option).

Documents:

Executive Summary Public Safety.pdf Resolution.pdf

4. Sumter County Public Library Advisory Board (SCPLAB) Vacancy (Board’s Option).

Documents:

Executive_Summary_Library Advisory Board.pdf Resolution.pdf

d. FINANCIAL

1. Budget Amendment A-6 (FY 20/21) (Staff Recommends Approval).

Documents:

Executive Summary A6.pdf Budget Amendment A6.pdf

2. Purchase Order Approval for FY 2020/2021 (Staff Recommends Approval).

Documents:

Executive_Summary_Requisition_Report_12.22.20.pdf

e. CONTRACTS AND AGREEMENTS

1. Road Impact Fee Credit Agreement between K and C Water Management, LLC and Sumter County, Florida (Staff Recommends Approval).

Documents:

Executive_Summary, Impact Fee Credit Agreement.pdf Road Impact Fee Credit Agreement Final.pdf

2. Enter into Agreement with Top Line Recreation, Inc. for Playground Equipment, Surfacing, Shade Structure and Installation (Staff Recommends Approval).

Documents:

Top_Line_Executive_Summary.pdf Top_Line_Recreation_Agreement.pdf Supporting Documents.pdf

3. Extension of the District Office Lease with the U.S. House of Representatives – The Honorable Daniel A. Webster for Office Space at The Sumter County Villages Annex (Staff Recommends Approval).

Documents:

District_Office_Lease_Executive_Summary.pdf District Office Lease Amendment.pdf

4. Individual Project Order #1 with Kimley-Horn and Associates, Inc. and Sumter County Board of County Commissioners (BOCC) for Wayfinding Signs Phase III (Staff Recommends Approval).

Documents:

Executive_Summary_Wayfinding Signs Phase III.pdf IPO 1_Wayfinding Sign Ph III_201210.pdf

5. Task Order #3 with WSP USA Inc. and Sumter County Board of County Commissioners (BOCC) (Staff Recommends Approval).

Documents:

Executive_Summary_WSP, Task 3.pdf TASK ORDER 3_Corridor Plan.pdf BOARD OF SUMTER COUNTY COMMISSIONERS Chairman - Garry Breeden - District 4 Vice Chairman - Craig Estep - District 3 2 nd Vice Chairman - Oren Miller - District 5 Gary Search - District 1 Doug Gilpin - District 2

December 22, 2020 5:00 PM

PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES ANY PERSON WHO MAY FEEL THE NEED TO APPEAL A BOARD DECISION IS HEREBY NOTIFIED THAT IT WILL BE NECESSARY FOR YOU TO PROVIDE YOUR OWN VERBATIM RECORDING OF THE BOARDS MINUTES OR ANY PORTION THEREOF Any person requiring reasonable accommodation at this meeting because of, disability, physical impairment, or interpretation needs should contact the County Administrator's Office, 7375 Powell Road, Wildwood, FL 34785 (352) 689-4400 at least two days before the meeting. Meeting Location: Everglades Regional Recreation Center (5497 Marsh Bend Trail, Grand Canyon Room, The Villages, FL 32163)

AGENDA

MEETING IS CALLED TO ORDER BY THE CHAIRMAN INVOCATION FLAG SALUTE

1. TIMED ITEMS & PUBLIC HEARINGS None

2. REPORTS AND INPUT

a. Letter of Recognition - Wildwood Food Pantry

Documents:

Letter of Recognition - Wildwood Food Pantry.pdf

b. County Administrator

1. Letter to Ron Brown, Charter Oaks Real Estate, CR 462(For Direction)

Documents:

CR 462 Realignment Letter.pdf

2. Notice of Award for Emergency Medical Services (EMS) County Grant, ID Code C9060 in the amount of $17,834.00 (For Information Only).

Documents:

Emergency Medical Services Grant.pdf

c. County Attorney

d. Clerk of Circuit Court

e. Board Members

f. Public Forum

3. NEW BUSINESS - ACTION REQUIRED

a. MINUTES

1. Minutes of Regular Meeting held on November 24, 2020 (Staff Recommends Approval).

Documents:

11-24-20 Regular Meeting Minutes.pdf

b. SET FUTURE PUBLIC HEARINGS OR MEETINGS

1. Schedule a Public Hearing to Amend Chapter 4, “Animal Control” of the Sumter County Code on January 12, 2021 at 7:00 PM at Everglades Recreation Center, 5497 Marsh Bend Trail, The Villages, FL (Staff Recommends Approval).

Documents:

Executive Summary Anti Tethering Ordinance.pdf Ordinance.pdf

c. APPOINTMENTS

1. Affordable Housing Advisory Committee (AHAC) Vacancy (Board’s Option).

Documents:

Executive_Summary_Affordable_Housing_Advisory_Committee_(AHAC) 11.10.20.pdf Ordinance - Housing.pdf

2. Construction Industry Licensing/Fire Code Board of Appeals Vacancy (Board’s Option).

Documents:

Executive_Summary_Construction.pdf Ordinance.pdf

3. Public Safety Coordinating Council Vacancies (Board’s Option).

Documents:

Executive Summary Public Safety.pdf Resolution.pdf

4. Sumter County Public Library Advisory Board (SCPLAB) Vacancy (Board’s Option).

Documents:

Executive_Summary_Library Advisory Board.pdf Resolution.pdf

d. FINANCIAL

1. Budget Amendment A-6 (FY 20/21) (Staff Recommends Approval).

Documents:

Executive Summary A6.pdf Budget Amendment A6.pdf

2. Purchase Order Approval for FY 2020/2021 (Staff Recommends Approval).

Documents:

Executive_Summary_Requisition_Report_12.22.20.pdf

e. CONTRACTS AND AGREEMENTS

1. Road Impact Fee Credit Agreement between K and C Water Management, LLC and Sumter County, Florida (Staff Recommends Approval).

Documents:

Executive_Summary, Impact Fee Credit Agreement.pdf Road Impact Fee Credit Agreement Final.pdf

2. Enter into Agreement with Top Line Recreation, Inc. for Playground Equipment, Surfacing, Shade Structure and Installation (Staff Recommends Approval).

Documents:

Top_Line_Executive_Summary.pdf Top_Line_Recreation_Agreement.pdf Supporting Documents.pdf

3. Extension of the District Office Lease with the U.S. House of Representatives – The Honorable Daniel A. Webster for Office Space at The Sumter County Villages Annex (Staff Recommends Approval).

Documents:

District_Office_Lease_Executive_Summary.pdf District Office Lease Amendment.pdf

4. Individual Project Order #1 with Kimley-Horn and Associates, Inc. and Sumter County Board of County Commissioners (BOCC) for Wayfinding Signs Phase III (Staff Recommends Approval).

Documents:

Executive_Summary_Wayfinding Signs Phase III.pdf IPO 1_Wayfinding Sign Ph III_201210.pdf

5. Task Order #3 with WSP USA Inc. and Sumter County Board of County Commissioners (BOCC) (Staff Recommends Approval).

Documents:

Executive_Summary_WSP, Task 3.pdf TASK ORDER 3_Corridor Plan.pdf BOARD OF SUMTER COUNTY COMMISSIONERS Chairman - Garry Breeden - District 4 Vice Chairman - Craig Estep - District 3 2 nd Vice Chairman - Oren Miller - District 5 Gary Search - District 1 Doug Gilpin - District 2

December 22, 2020 5:00 PM

PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES ANY PERSON WHO MAY FEEL THE NEED TO APPEAL A BOARD DECISION IS HEREBY NOTIFIED THAT IT WILL BE NECESSARY FOR YOU TO PROVIDE YOUR OWN VERBATIM RECORDING OF THE BOARDS MINUTES OR ANY PORTION THEREOF Any person requiring reasonable accommodation at this meeting because of, disability, physical impairment, or interpretation needs should contact the County Administrator's Office, 7375 Powell Road, Wildwood, FL 34785 (352) 689-4400 at least two days before the meeting. Meeting Location: Everglades Regional Recreation Center (5497 Marsh Bend Trail, Grand Canyon Room, The Villages, FL 32163)

AGENDA

MEETING IS CALLED TO ORDER BY THE CHAIRMAN INVOCATION FLAG SALUTE

1. TIMED ITEMS & PUBLIC HEARINGS None

2. REPORTS AND INPUT

a. Letter of Recognition - Wildwood Food Pantry

Documents:

Letter of Recognition - Wildwood Food Pantry.pdf

b. County Administrator

1. Letter to Ron Brown, Charter Oaks Real Estate, CR 462(For Direction)

Documents:

CR 462 Realignment Letter.pdf

2. Notice of Award for Emergency Medical Services (EMS) County Grant, ID Code C9060 in the amount of $17,834.00 (For Information Only).

Documents:

Emergency Medical Services Grant.pdf

c. County Attorney

d. Clerk of Circuit Court

e. Board Members

f. Public Forum

3. NEW BUSINESS - ACTION REQUIRED

a. MINUTES

1. Minutes of Regular Meeting held on November 24, 2020 (Staff Recommends Approval).

Documents:

11-24-20 Regular Meeting Minutes.pdf

b. SET FUTURE PUBLIC HEARINGS OR MEETINGS

1. Schedule a Public Hearing to Amend Chapter 4, “Animal Control” of the Sumter County Code on January 12, 2021 at 7:00 PM at Everglades Recreation Center, 5497 Marsh Bend Trail, The Villages, FL (Staff Recommends Approval).

Documents:

Executive Summary Anti Tethering Ordinance.pdf Ordinance.pdf

c. APPOINTMENTS

1. Affordable Housing Advisory Committee (AHAC) Vacancy (Board’s Option).

Documents:

Executive_Summary_Affordable_Housing_Advisory_Committee_(AHAC) 11.10.20.pdf Ordinance - Housing.pdf

2. Construction Industry Licensing/Fire Code Board of Appeals Vacancy (Board’s Option).

Documents:

Executive_Summary_Construction.pdf Ordinance.pdf

3. Public Safety Coordinating Council Vacancies (Board’s Option).

Documents:

Executive Summary Public Safety.pdf Resolution.pdf

4. Sumter County Public Library Advisory Board (SCPLAB) Vacancy (Board’s Option).

Documents:

Executive_Summary_Library Advisory Board.pdf Resolution.pdf

d. FINANCIAL

1. Budget Amendment A-6 (FY 20/21) (Staff Recommends Approval).

Documents:

Executive Summary A6.pdf Budget Amendment A6.pdf

2. Purchase Order Approval for FY 2020/2021 (Staff Recommends Approval).

Documents:

Executive_Summary_Requisition_Report_12.22.20.pdf

e. CONTRACTS AND AGREEMENTS

1. Road Impact Fee Credit Agreement between K and C Water Management, LLC and Sumter County, Florida (Staff Recommends Approval).

Documents:

Executive_Summary, Impact Fee Credit Agreement.pdf Road Impact Fee Credit Agreement Final.pdf

2. Enter into Agreement with Top Line Recreation, Inc. for Playground Equipment, Surfacing, Shade Structure and Installation (Staff Recommends Approval).

Documents:

Top_Line_Executive_Summary.pdf Top_Line_Recreation_Agreement.pdf Supporting Documents.pdf

3. Extension of the District Office Lease with the U.S. House of Representatives – The Honorable Daniel A. Webster for Office Space at The Sumter County Villages Annex (Staff Recommends Approval).

Documents:

District_Office_Lease_Executive_Summary.pdf District Office Lease Amendment.pdf

4. Individual Project Order #1 with Kimley-Horn and Associates, Inc. and Sumter County Board of County Commissioners (BOCC) for Wayfinding Signs Phase III (Staff Recommends Approval).

Documents:

Executive_Summary_Wayfinding Signs Phase III.pdf IPO 1_Wayfinding Sign Ph III_201210.pdf

5. Task Order #3 with WSP USA Inc. and Sumter County Board of County Commissioners (BOCC) (Staff Recommends Approval).

Documents:

Executive_Summary_WSP, Task 3.pdf TASK ORDER 3_Corridor Plan.pdf BOARD OF SUMTER COUNTY COMMISSIONERS Chairman - Garry Breeden - District 4 Vice Chairman - Craig Estep - District 3 2 nd Vice Chairman - Oren Miller - District 5 Gary Search - District 1 Doug Gilpin - District 2

December 22, 2020 5:00 PM

PLEASE TURN OFF ALL CELL PHONES AND ELECTRONIC DEVICES ANY PERSON WHO MAY FEEL THE NEED TO APPEAL A BOARD DECISION IS HEREBY NOTIFIED THAT IT WILL BE NECESSARY FOR YOU TO PROVIDE YOUR OWN VERBATIM RECORDING OF THE BOARDS MINUTES OR ANY PORTION THEREOF Any person requiring reasonable accommodation at this meeting because of, disability, physical impairment, or interpretation needs should contact the County Administrator's Office, 7375 Powell Road, Wildwood, FL 34785 (352) 689-4400 at least two days before the meeting. Meeting Location: Everglades Regional Recreation Center (5497 Marsh Bend Trail, Grand Canyon Room, The Villages, FL 32163)

AGENDA

MEETING IS CALLED TO ORDER BY THE CHAIRMAN INVOCATION FLAG SALUTE

1. TIMED ITEMS & PUBLIC HEARINGS None

2. REPORTS AND INPUT

a. Letter of Recognition - Wildwood Food Pantry

Documents:

Letter of Recognition - Wildwood Food Pantry.pdf

b. County Administrator

1. Letter to Ron Brown, Charter Oaks Real Estate, CR 462(For Direction)

Documents:

CR 462 Realignment Letter.pdf

2. Notice of Award for Emergency Medical Services (EMS) County Grant, ID Code C9060 in the amount of $17,834.00 (For Information Only).

Documents:

Emergency Medical Services Grant.pdf

c. County Attorney

d. Clerk of Circuit Court

e. Board Members

f. Public Forum

3. NEW BUSINESS - ACTION REQUIRED

a. MINUTES

1. Minutes of Regular Meeting held on November 24, 2020 (Staff Recommends Approval).

Documents:

11-24-20 Regular Meeting Minutes.pdf

b. SET FUTURE PUBLIC HEARINGS OR MEETINGS

1. Schedule a Public Hearing to Amend Chapter 4, “Animal Control” of the Sumter County Code on January 12, 2021 at 7:00 PM at Everglades Recreation Center, 5497 Marsh Bend Trail, The Villages, FL (Staff Recommends Approval).

Documents:

Executive Summary Anti Tethering Ordinance.pdf Ordinance.pdf

c. APPOINTMENTS

1. Affordable Housing Advisory Committee (AHAC) Vacancy (Board’s Option).

Documents:

Executive_Summary_Affordable_Housing_Advisory_Committee_(AHAC) 11.10.20.pdf Ordinance - Housing.pdf

2. Construction Industry Licensing/Fire Code Board of Appeals Vacancy (Board’s Option).

Documents:

Executive_Summary_Construction.pdf Ordinance.pdf

3. Public Safety Coordinating Council Vacancies (Board’s Option).

Documents:

Executive Summary Public Safety.pdf Resolution.pdf

4. Sumter County Public Library Advisory Board (SCPLAB) Vacancy (Board’s Option).

Documents:

Executive_Summary_Library Advisory Board.pdf Resolution.pdf

d. FINANCIAL

1. Budget Amendment A-6 (FY 20/21) (Staff Recommends Approval).

Documents:

Executive Summary A6.pdf Budget Amendment A6.pdf

2. Purchase Order Approval for FY 2020/2021 (Staff Recommends Approval).

Documents:

Executive_Summary_Requisition_Report_12.22.20.pdf

e. CONTRACTS AND AGREEMENTS

1. Road Impact Fee Credit Agreement between K and C Water Management, LLC and Sumter County, Florida (Staff Recommends Approval).

Documents:

Executive_Summary, Impact Fee Credit Agreement.pdf Road Impact Fee Credit Agreement Final.pdf

2. Enter into Agreement with Top Line Recreation, Inc. for Playground Equipment, Surfacing, Shade Structure and Installation (Staff Recommends Approval).

Documents:

Top_Line_Executive_Summary.pdf Top_Line_Recreation_Agreement.pdf Supporting Documents.pdf

3. Extension of the District Office Lease with the U.S. House of Representatives – The Honorable Daniel A. Webster for Office Space at The Sumter County Villages Annex (Staff Recommends Approval).

Documents:

District_Office_Lease_Executive_Summary.pdf District Office Lease Amendment.pdf

4. Individual Project Order #1 with Kimley-Horn and Associates, Inc. and Sumter County Board of County Commissioners (BOCC) for Wayfinding Signs Phase III (Staff Recommends Approval).

Documents:

Executive_Summary_Wayfinding Signs Phase III.pdf IPO 1_Wayfinding Sign Ph III_201210.pdf

5. Task Order #3 with WSP USA Inc. and Sumter County Board of County Commissioners (BOCC) (Staff Recommends Approval).

Documents:

Executive_Summary_WSP, Task 3.pdf TASK ORDER 3_Corridor Plan.pdf 6. Preliminary Engineer Agreement Between CSX TRANSPORTATION, INC., and Sumter County, Florida, for the opening of a new highway-rail at-grade crossing with active grade-crossing warning devices at County Road (CR) 525E, and the closure of existing CR 105 highway-rail grade crossing in Oxford and closure of existing Coleman Cemetery Drive (CR525E) highway-rail grade crossing in Coleman. (Staff Recommends Approval).

Documents:

CR 525E Rail Road Crossing Executive_Summary_CSX Preliminary Engineering.pdf Coleman Preliminary Engineering Agreement EJO 20201209.pdf Coleman CR-525E PE FAE KSW 20201214.pdf

7. Approve Change Order #1 for Contract with D.A.B. Constructors, Inc. for Jumper Creek Bridge 25th Street Crossing Improvement Project (Staff Recommends Approval).

Documents:

Executive Summary Change Order 1.pdf Change Order 1 25th Street Crossing .pdf f. GENERAL ITEMS FOR CONSIDERATION

1. Reverse One Sumter Ballot Question (Board's Option).

Documents:

ES Reverse One Sumter.pdf

2. Public Awareness Reserve Special Assessment (Board’s Option).

Documents:

Executive Summary Special Assessment.pdf Sumter Special Assessment and Dues Notice.pdf Sumter Special Assessment Invoice.pdf

3. A Resolution of the Board of County Commissioners of Sumter County, Florida, Establishing an Open-Admission No-Kill Animal Services Shelter (Board’s Option).

Documents:

Executive_Summary.pdf No Kill Shelter Resolution.pdf

4. Continental Country Club Installation of Bamboo in the Right-of-Way (ROW) in front of the noise wall at the Morse Boulevard Roundabout (Staff Recommends Approval).

Documents:

ES Continental Country Club at Morse Roundabout Landscaping.pdf Sumter County SO 7400062.pdf 5. Limited Certificate of Public Convenience and Necessity (COPCN) modification for American Ambulance (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Limited COPCN RG Ambulance Service.pdf

6. City of Bushnell Backbilling of Two Accounts (Staff Recommends Approval).

Documents:

ES Bushnell Backbilling.pdf

7. Quit Claim Deed and General Release for the Donation from The Jeno and Lois Paulucci Family Foundation II, Inc. (Staff Recommends Approval).

Documents:

Executive_Summary_Donation.pdf Quit Claim Deed.pdf General Release of Liability and Hold Harmless.pdf

8. Marsh Bend Trail Phases 1 through 4 Speed Limit Reduction (Staff Recommends Approval).

Documents:

ES MBT 1 - 4 Speed Limit Reduction.pdf Marsh Bend Trail Phases 1 through 4 speed limit reduction.pdf

9. Affordable Housing (AH) Program Request to Execute Satisfaction of Mortgage (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Satisfaction_of_Mortgage.pdf

10. State Housing Initiatives Partnership (SHIP) Program Request to Execute Satisfaction of Mortgage (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Satisfaction_of_Mortgage.pdf

11. Approval of Release of Lien for Charlene Marek (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Release_of_Lien.pdf

12. Satisfaction of Civil Restitution Lien - Lawrence Wendell McColloug (Staff Recommends Approval).

Documents:

Satisfactrion of Civil Restitution Lien - Lawrence Wendell McColloug.pdf

13. State of Emergency Declaration Extension Sumter County Board of County Commissioners (Staff Recommends Approval).

Documents:

State of Emergency Declaration 12.22.20.pdf

ADJOURN 5. Limited Certificate of Public Convenience and Necessity (COPCN) modification for American Ambulance (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Limited COPCN RG Ambulance Service.pdf

6. City of Bushnell Backbilling of Two Accounts (Staff Recommends Approval).

Documents:

ES Bushnell Backbilling.pdf

7. Quit Claim Deed and General Release for the Donation from The Jeno and Lois Paulucci Family Foundation II, Inc. (Staff Recommends Approval).

Documents:

Executive_Summary_Donation.pdf Quit Claim Deed.pdf General Release of Liability and Hold Harmless.pdf

8. Marsh Bend Trail Phases 1 through 4 Speed Limit Reduction (Staff Recommends Approval).

Documents:

ES MBT 1 - 4 Speed Limit Reduction.pdf Marsh Bend Trail Phases 1 through 4 speed limit reduction.pdf

9. Affordable Housing (AH) Program Request to Execute Satisfaction of Mortgage (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Satisfaction_of_Mortgage.pdf

10. State Housing Initiatives Partnership (SHIP) Program Request to Execute Satisfaction of Mortgage (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Satisfaction_of_Mortgage.pdf

11. Approval of Release of Lien for Charlene Marek (Staff Recommends Approval).

Documents:

Executive_Summary.pdf Release_of_Lien.pdf

12. Satisfaction of Civil Restitution Lien - Lawrence Wendell McColloug (Staff Recommends Approval).

Documents:

Satisfactrion of Civil Restitution Lien - Lawrence Wendell McColloug.pdf

13. State of Emergency Declaration Extension Sumter County Board of County Commissioners (Staff Recommends Approval).

Documents:

State of Emergency Declaration 12.22.20.pdf

ADJOURN Board of County Commissioners Sumter County, Florida

7375 Powell Road, Suite 200  Wildwood, FL 34785  Phone (352) 689-4400  FAX: (352) 689-4401 Website: http://sumtercountyfl.gov

December 22, 2020

Letter of Recognition

The Sumter County Board of County Commissioners is pleased to recognize the community giving efforts of the Wildwood Food Pantry and particularly the individuals spearheading this organization’s efforts to support the Croom-A-Coochee community.

Mr. Don and Marlene Huggins, Mr. Richard and Susan Edwards, and Mr. Jay and Judy Newport took the initiative through the Wildwood Food Pantry to establish a commercial freezer and food storage location in Croom-A-Coochee with weekly deliveries occurring since November. These efforts lead to additional giving for the Croom-A-Coochee community in the form of gifts for children as we approach the Christmas holiday.

It is organizations like the Wildwood Food Pantry and its selfless members that make Sumter County stand out as a symbol of hope, especially during the current pandemic.

Thank you all for your service to our community!

Sincerely,

Garry Breeden Chairman

Gary Search, District 1 Doug Gilpin, District 2 Craig Estep, District 3 Garry Breeden, District 4 (352) 689-4400 (352) 689-4400 Vice Chairman Chairman 7375 Powell Road 7375 Powell Road (352) 689-4400 (352) 689-4400 Wildwood, FL 34785 Wildwood, FL 34785 7375 Powell Road 7375 Powell Road Wildwood, FL 34785 Wildwood, FL 34785

Oren Miller, District 5 Bradley S. Arnold, Gloria R. Hayward, Clerk & Auditor County Attorney 2nd Vice Chairman County Administrator (352) 569-6600 The Hogan Law Firm (352) 689-4400 (352) 689-4400 215 East McCollum Avenue Post Office Box 485 7375 Powell Road 7375 Powell Road Bushnell, FL 33513 Brooksville, Florida 34605 Wildwood, FL 34785 Wildwood, FL 34785

Board of County Commissioners Sumter County, Florida

7375 Powell Road, Suite 200  Wildwood, FL 34785  Phone (352) 689-4400  FAX: (352) 689-4401 Website: http://sumtercountyfl.gov

December 15, 2020

Mr. Ron Brown Character Oaks Real Estate 15595 SE 80th Avenue Summerfield, FL 34491

RE: Odell Trust Properties and Wildwood Point LLC Properties near US 301 & CR 462

Dear Ron,

The planned unit development order with the City of Wildwood associated with the Odell Trust Properties contemplated a realignment of CR 462 West of US 301 with CR 462 East of US 301.

The final design has yet to be determined, and you have an interest in a road impact fee credit agreement for the construction of the realignment should the development move forward.

It is the intent of Sumter County to develop a road impact fee credit agreement for this project, with Sumter County’s obligation solely for the reimbursement of the construction and limited to the amount of road impact fees generated from the development of the referenced properties. The contemplated road impact fee credit agreement (RIFCA) would require from the referenced properties or their heirs or assigns, the dedication of the right-of-way to Sumter County as well as off-site stormwater capacity to meet the permitted requirements found during the design and construction of the road.

The design of the realigned road shall meet the County’s standards and prior approval of the design before the commencement of the construction and conditions of the RIFCA.

Sincerely,

Bradley Arnold County Administrator

Gary Search, District 1 Doug Gilpin, District 2 Craig Estep, District 3 Garry Breeden, District 4 (352) 689-4400 (352) 689-4400 Vice Chairman Chairman 7375 Powell Road 7375 Powell Road (352) 689-4400 (352) 689-4400 Wildwood, FL 34785 Wildwood, FL 34785 7375 Powell Road 7375 Powell Road Wildwood, FL 34785 Wildwood, FL 34785

Oren Miller, District 5 Bradley S. Arnold, Gloria R. Hayward, Clerk & Auditor County Attorney 2nd Vice Chairman County Administrator (352) 569-6600 The Hogan Law Firm (352) 689-4400 (352) 689-4400 215 East McCollum Avenue Post Office Box 485 7375 Powell Road 7375 Powell Road Bushnell, FL 33513 Brooksville, Florida 34605 Wildwood, FL 34785 Wildwood, FL 34785

Ron DeSantis Mission: Governor To protect, promote & improve the health of all people in Florida through integrated state, county & community effor1s. Scott A. Rlvkees, MD State Surgeon General

VIsion: To be the HeaHhlest State in the Nation

Garry Breeden, Vice Chairman Sumter County Board of County Commissioners ... . 7375 Powell Road Wildwood, Florida 34785

Dear Vice Chairman Breeden:

I am pleased to award the Emergency Medical Services (EMS) County Grant, ID Code C9060 in the amount of $17,834.00 to Sumter County. The purpose of this grant is to improve and expand pre­ hospital EMS. Section 401 .113(2) (a}, Florida Statutes, authorizes and requires this grant program, which is Number 64.005 in the Florida Catalog of State Financial Assistance. The money is state funds from the Department of Health's EMS Trust Fund, and there are no federal funds involved.

Your funds for the stated amount will be sent in full, in advance, within approximately 30 days. The grant begins the date of this letter and ends December 15, 2021. Please note that the county must report to the state its grant activities and purchases by the following dates: April 23, 2021, August 27, 2021, and January 7, 2022, the final report. Your signed grant application affirms you have read, understand, and will comply with the conditions and requirements in the "Florida EMS County Grant Program Application Packet, December 2008."

Thank you for your participation in this state EMS grant program. If you need assistance, please contact Mr. Alan Van Lewen, Health Services and Facilities Consultant in the Bureau of Emergency Medical Oversight, EMS Section at (850) 558-9550.

Sincerely, ~1/. Douglas H. Woodlief Division Director Emergency Preparedness and Community Support

DHW/avl cc: Stephen J. Kennedy, Sr., Assistant County Administrator

Florida Department of Health Division of Emergency Preparedness and Community Support Bureau of Emergency Medical Oversight 4052 Bald Cypress Way, Bin A-22 • Tallahassee, FL 32399-1722 PHONE: 850/245-4440 • FAX: 850/488-9408 FlorldaHealth.gov

REGULAR MEETING BOARD OF COUNTY COMMISSIONERS NOV. 24, 2020

The Board of Sumter County Commissioners (BOCC/Board) convened in a regular session on Tuesday, November 24, 2020, at the Everglades Recreation Center in The Villages, Florida, with the following members present to wit: Gary Search, District No. 1; Doug Gilpin, District No. 2; Craig Estep, District No. 3, Vice Chairman; Garry Breeden, Chairman, District No. 4; and Oren Miller, 2nd Vice Chairman, District No. 5. The following individuals were also present and acting in their respective official capacities: Bradley Arnold, County Administrator; Stephen Kennedy, Assistant County Administrator; Karl Holley, Development Services Director; Bill Kleinsorge, Finance Director; Caroline Alrestimawi, Deputy Clerk; and Jennifer Rey of The Hogan Law Firm, Attorneys for the Board. Commissioner Breeden called the meeting to order at 5:00 p.m. with the invocation given by Commissioner Estep followed by the flag salute led by Commissioner Miller. The complete audio recording of this meeting is available by request through the Clerk's Website - www.sumterclerk.com.

1. TIMED ITEMS & PUBLIC HEARINGS

a. 5:00 PM - Conduct a Public Hearing to Consider Adoption of a Resolution vacating a portion of Magnolia Street within Barwicks Addition, a recorded subdivision in the Town of Sumterville, FL recorded in Plat Book 1, Pages 20 and 21, Public Records of Sumter County, FL (Staff Recommends Approval).

John Farfaglia has applied to vacate a portion of Magnolia Street, Barwicks Addition, Town of Sumterville, a platted subdivision recorded in Plat Book 1, Pages 20 and 21 on January 25, 1886 that is located between the County’s Sumterville Community Park and the Farfaglia property. Karl Holley, Development Services Director, made the Board aware that the applicant has requested that the Quit Claim Deed include the entirety of the right-of-way width by the County. Typically, the Quit Claim Deed is only provided for half of the right-of-way. Quit Claim Deeds have been prepared for both scenarios, depending on the Board's decision. Bradley Arnold, County Administrator, noted that there is no significant impact to the park if they choose to approve the entire right-of-way.

PUBLIC - There was no input from the public.

Commissioner Search moved, with a second by Commissioner Miller, to Approve the adoption of Resolution 2020-51, vacating a portion of Magnolia Street within Barwicks Addition, a recorded subdivision in the Town of Sumterville, FL recorded in Plat Book 1, Pages 20 and 21, Public Records of Sumter County, FL, with the amendment that the 20 ft. that would ordinarily be conveyed to the County as surplus of no use for road or any other purpose. The motion carried unanimously 5 – 0.

b. 5:00 PM - Conduct a Public Hearing to Consider Adoption of a Resolution vacating platted alleys in SS Caruthers Addition to Oxford, a subdivision recorded in Plat Book 1, Page 122, Public Records of Sumter County, FL.(Staff

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Recommends Approval).

Robby Strickland is representing the landowners who have applied to vacate platted alleys in SS Caruthers Addition to Oxford, a subdivision recorded in the City of Oxford, Florida on November 9, 1925. The property is located southwest of the intersection of N US 301 and CR 105 in Wildwood.

PUBLIC - There was no input from the Public.

Commissioner Miller moved, with a second by Commissioner Search, to Approve the adoption of a Resolution 2020-52, vacating platted alleys in SS Caruthers Addition to Oxford, a subdivision recorded in Plat Book 1, Page 122, Public Records of Sumter County, FL. The motion carried unanimously 5 – 0.

c. 5:30 PM - Public Hearing Planning and Zoning Special Master Recommendations *Quasi Judicial

1. *SS2020-0008 – David Springstead for William Keen – Small Scale Comprehensive Plan Amendment on 0.25 acres MOL from Rural Residential to Commercial – S US 301/ Sumterville Area (Planning and Zoning Special Master Recommends Approval).

Commissioner Breeden polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Search - none; Commissioner Miller - none; Commissioner Gilpin - none; Commissioner Estep - none; and Commissioner Breeden - none.

This item was presented by Karl Holley, Development Services Director. The Staff Report is entered into the record. The applicant is requesting to amend the Future Land Use Map, changing the future land use assignment on 0.25 acres from Rural Residential to Commercial. This application is in conjunction with rezoning request R2020-0022. There were 20 notices sent with one returned in support. The Planning and Zoning Special Master held a public hearing on November 16, 2020, and recommended approval.

APPLICANT - Jason Hurley with Springstead Engineering, 727 S 14th St, Leesburg, was present on behalf of the applicant.

PUBLIC - There was no input from the public.

Commissioner Miller moved, with a second by Commissioner Estep, to approve SS2020- 0008 – Application by David Springstead for William Keen for a Small Scale Comprehensive Plan Amendment on 0.25 acres MOL from Rural Residential to Commercial and adopt the related Ordinance (2020-16). The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and

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evidence. The motion carried 5 - 0.

2. *R2020-0022 – David Springstead for William Keen – Rezoning 0.25 acres MOL from R4C (Residential) to CL (Light Commercial) in conjunction with SS2020-0008 – S US 301/ Sumterville Area (Planning and Zoning Special Master Recommends Approval).

Commissioner Breeden polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Search - none; Commissioner Miller - none; Commissioner Gilpin - none; Commissioner Estep - none; and Commissioner Breeden - none.

This item was presented by Karl Holley, Development Services Director. The Staff Report is entered into the record. The applicant is requesting to rezone 0.25 acres from R4C to CL in conjunction with SS2020-0008. The Light Commercial zoning assignment will allow the redevelopment of the property to a commercial use. There were 20 notices sent with one returned in support. The Planning and Zoning Special Master held a public hearing on November 16, 2020, and recommended approval.

APPLICANT - Jason Hurley with Springstead Engineering, 727 S 14th St, Leesburg, was present on behalf of the applicant.

PUBLIC - There was no input from the public.

Commissioner Estep moved, with a second by Commissioner Miller, to approve R2020- 0022 – Application David Springstead for William Keen to rezone 0.25 acres MOL from R4C (Residential) to CL (Light Commercial) in conjunction with SS2020-0008 and adopt the related resolution (2020-53). The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and evidence. The motion carried 5 - 0.

3. *R2020-0023 – Stephen Buie – Rezoning 1.3 acres MOL from RR5C (Rural Residential – 5 acre lots) to RR1 (Rural Residential – 1 acre lots) – CR 737/ Tarrytown Area (Planning and Zoning Special Master Recommends Approval).

Commissioner Breeden polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Search - none; Commissioner Miller - none; Commissioner Gilpin - none; Commissioner Estep - none; and Commissioner Breeden - none.

This item was presented by Karl Holley, Development Services Director. The Staff Report is entered into the record. The applicant is requesting to rezone 1.3 acres MOL from RR5C to RR1 to bring an existing lot into zoning conformance. The RR1 zoning assignment will allow the landowner to construct a house or install a mobile home on the property. There were 14 notices sent with three

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returned, all in support. The Planning and Zoning Special Master held a public hearing on November 16, 2020, and recommended approval.

APPLICANT - The applicant did not make a presentation.

PUBLIC - There was no input from the public.

Commissioner Search moved, with a second by Commissioner Estep, to approve R2020- 0023 – Application by Stephen Buie to rezone 1.3 acres MOL from RR5C (Rural Residential – 5 acre lots) to RR1 (Rural Residential – 1 acre lots) and adopt the related resolution (2020-54). The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and evidence. The motion carried 5 - 0.

4. *R2020-0024 – Betancourt and Ainsworth – Rezoning 6.8 acres MOL from RR5 (Rural Residential – 5 acre lots) to RR2.5 (Rural Residential – 2.5 acre lots) to complete a lineal descent transfer – SW 55th Pl/ Bushnell Area (Planning and Zoning Special Master Recommends Approval).

Commissioner Breeden polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Search - none; Commissioner Miller - none; Commissioner Gilpin - none; Commissioner Estep - none; and Commissioner Breeden - none.

This item was presented by Karl Holley, Development Services Director. The Staff Report is entered into the record. The applicant is requesting to rezone two 3.4-acre parcels from RR5 to RR2.5C to complete a lineal descent transfer. The RR2.5C zoning assignment will allow the landowner to construct a house, modular home, or install a Class A mobile home on each property. There were 11 notices sent with none returned. The Planning and Zoning Special Master held a public hearing on November 16, 2020, and recommended approval.

APPLICANT - The applicant did not make a presentation.

PUBLIC - There was no input from the public.

Commissioner Estep moved, with a second by Commissioner Search, to approve R2020- 0024 – Application by Betancourt and Ainsworth to rezone 6.8 acres MOL from RR5 (Rural Residential – 5 acre lots) to RR2.5 (Rural Residential – 2.5 acre lots) to complete a lineal descent transfer and adopt the related resolution (2020-55). The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and evidence. The motion carried 5 - 0.

5. *R2020-0025 - AAMW Enterprises - Rezoning 10.24 acres MOL from RR5C and RR1 (Rural Residential) to CH (Heavy Commercial) - CR 229/ Wildwood Area (Planning and Zoning Special Master Recommends Approval).

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Commissioner Breeden polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Search - none; Commissioner Miller - none; Commissioner Gilpin - none; Commissioner Estep - none; and Commissioner Breeden - none.

This item was presented by Karl Holley, Development Services Director. The Staff Report is entered into the record. The applicant is requesting to rezone 10.25 acres from RR5C and RR1 to Heavy Commercial in compliance with the Comprehensive Plan. Heavy Commercial zoning will allow a wide range of commercial uses. The property is located near an interstate interchange and is served by public utilities. There were 13 notices sent with none returned. The Planning and Zoning Special Master held a public hearing on November 16, 2020, and recommended approval.

APPLICANT - The applicant did not make a presentation.

PUBLIC - There was no input from the public.

Commissioner Miller moved, with a second by Commissioner Search, to approve R2020- 0024 – Betancourt and Ainsworth to rezone 6.8 acres MOL from RR5 (Rural Residential – 5 acre lots) to RR2.5 (Rural Residential – 2.5 acre lots) to complete a lineal descent transfer and adopt the related resolution (2020-56). The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and evidence. The motion carried 5 - 0.

6. *R2020-0026 – Lake Sumter Commercial LLC and Falkenburg Partners, LTD – Revise an adopted master plan of development to allow the option of converting 102 ALF units to 88 multifamily units - C-466/ The Villages Area (Planning and Zoning Special Master Recommends Approval).

Commissioner Breeden polled the Board Members for ex parte communications, written or verbal, related to this case. Commissioner Search - none; Commissioner Miller - none; Commissioner Gilpin - none; Commissioner Estep - none; and Commissioner Breeden - none.

This item was presented by Karl Holley, Development Services Director. The Staff Report is entered into the record. The applicant is requesting to revise the approved master plan of development for the Lake Sumter Commercial RPUD project. The applicant is requesting to allow, but not require, the conversion of a 102-unit ALF to 88 multifamily apartments. The developer is requesting this modification to allow them to better react to changes in the market. The revised master plan of development also shifts a building and parking area to allow preservation of some large trees. The requested revision does not otherwise affect the conditions of approval put in place during the 2018 RPUD approval. There were 50 notices sent with four returned in support and one returned in opposition. The Planning and Zoning Special Master held a public hearing on

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November 16, 2020, and recommended approval. Commissioner Gilpin asked Mr. Holley questions regarding this item.

APPLICANT - Greg Beliveau, 1162 Camp Ave, Mt. Dora, was present on behalf of the applicant. Mr. Beliveau clarified that the request was to allow the option to build 88 multi-family units instead of 102-ALF units, but did not necessarily mean that they would choose that option if approved. The Commissioners asked questions of Mr. Beliveau.

PUBLIC - There was no input from the public.

Commissioner Gilpin moved, with a second by Commissioner Miller, to approve R2020- 0026 – Application by Lake Sumter Commercial LLC and Falkenburg Partners, LTD to revise an adopted master plan of development to allow the option of converting 102 ALF units to 88 multifamily units and adopt the related resolution (2020-57). The Staff Report is entered into the record and the motion is based on competent, substantial, fact based testimony and evidence. The motion carried 5 - 0.

2. REPORTS AND INPUT

a. County Administrator

Bradley Arnold, County Administrator, provided a COVID-19 update. Today, the Governor signed an Executive Order, extending Florida's State of Emergency. The Health Department has signed up to secure vaccinations for all long term care facilities residents and staff. The Department of Health is the designated entity for the State of Florida related to the receipt, distribution and implementation of the vaccination process. Commissioner Gilpin received a complimentary email thanking him, as well as the Health Department, on their good service throughout COVID testing. In Sumter County, there are 92 total COVID-related deaths with 18 individuals hospitalized and 3 in ICU. The following entities have been served via CARES Act funding: 55 individuals (over $136,000); 49 businesses (over $444,000); and 7 governmental entities, including the School Board (1.275 million). The Villages Charter School should approve the agreement on December 3, 2020, and then a disbursement can be made to them for COVID-related expenditures.

The following items were provided for information and/or direction.

1. Legislative Delegation Meeting – December 9, 2020, at 10:00 AM, The Villages Sumter County Service Center (For Direction)

The Legislative Delegation will be conducted on December 9, 2020, at 10:00 AM at The Villages Sumter County Service Center, Room 102. At the meeting, the BOCC and other elected officials will meet with Senator Baxley and Representative Hage to discuss the prioritization of legislative

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agenda items that will be submitted for the next budget year. The Chairman will present the County’s prioritization list of proposed appropriations by the County. Changes to the house appropriation process this year included an affidavit process and that any appropriations bill that is submitted will be ruled out of order “if it funds an appropriations project in an amount less than 50% of the amount of funding proposed in an appropriations project bill as originally filed.” This is interpreted to mean that the local match must be at least 50% of what is being requested from the State. Below is the only appropriation planned for submittal unless the BOCC provides direction for additional items. Further detail is provided in last year’s funding request attachment. Sumter County Community Center/Evacuation Shelter Construction of a new facility located at CR 549 in Lake Panasoffkee to be used for Sumter County citizens as a Community Center as well as an Evacuation Shelter for Sumter and the State of Florida residents/customers when a Host Shelter is needed due to the proximity to I-75 and FL Turnpike. The shelter would provide both a general population as well as a special needs shelter area, showers/restrooms, and food warming area for use during major storm events. Commissioner Gilpin voiced that he felt the Lake Panasoffkee facility should be pulled until a future date because it would not go through, given the lack of funds for those types of projects in the current state. There was consensus from the Commissioners to pull that item from the Delegation Hearing. Commissioner Gilpin also noted that a sewer service in the smaller communities would be very beneficial. Mr. Arnold has spoken with Centerhill and Webster regarding a sewer system and they agreed to hold off on that request until a better study can be conducted. Although the Chairman may not have a presentation to make to the Delegation Committee, Mr. Arnold will still host them.

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2. Florida Department of Revenue Correspondence, Truth in Millage (TRIM) Certification (For Information Only)

This is the final certification related to the implementation of the millage rate approved by the BOCC.

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3. Florida Health Department Executed Contract for FY 20-21 (For Information Only)

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4. Executed Stipulation of Parties with CSX Transportation & Florida Department of Transportation Central Office - CR 525E & CR 105 (For

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Information Only)

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5. St Johns River Water Management District Correspondence - Notice of Intended District Decision on Consumptive Use Permit Application #50279-10, Village Center Community Development District (For Information Only)

There is no increase in the permit being requested. This item is only a renewal.

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6. Utility Back Billing from The City of Bushnell (For information Only)

The County Attorney provided information related to the City's administrative errors associated with The City of Bushnell. There was disagreement regarding how many years of back billing should take place. The City, Mayor, and Counsel wanted to impose 10 years of back billing. The City Attorney reviewed the matter and determined that five years is more defensible and the County Attorney determined that one year is more defensible. Mr. Arnold submitted a proposal for two year back billing. If the City Council agrees with the proposal on December 7, 2020, the matter will come back before the BOCC.

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b. County Attorney

1. Stipulated Final Judgement for Toni Metzger vs Sumter County Tax Collector (For Information Only)

This was ordered in a DOT imminent domain process that the County was also named in, which has been resolved.

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2. Laube v. Villages/Sumter County - Notice of Appearance (For Information Only)

The plaintiffs in this case obtained new counsel and filed a notice of appearance. It is anticipated that a third amended petition will be filed within next week's deadline.

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c. Clerk of Circuit Court

No report.

d. Board Members

1. Commissioner Search - No report.

2. Commissioner Miller provided a list of issues that he would like to be addressed in next week's workshop: 1. Road impact fees; 2. Impact Fees for Schools, EMS, Fire, Police, Government Buildings, Parks and Recreation; 3. No Kill Open Shelter and Anti-Tethering Law; 4. Putting reverse One Sumter on a ballot; 5. Moving all BOCC meetings to 7:00 p.m. to allow residents a better opportunity to attend meetings; and 6. Putting workshops on first and third Tuesday of every month.

Commissioner Miller thanked the County Administrator and County Attorney for putting in a lot of work regarding an Anti-Tethering Law. Mr. Arnold already has information on some of the listed items that can be brought forward in a workshop for review. Mr. Arnold asked Commissioner Miller how he felt about providing a proposed Workshop Schedule at the next Workshop, which Commissioner Miller agreed with.

3. Commissioner Estep attended the East Central Florida Regional Planning Council last Wednesday.

4. Commissioner Gilpin spoke regarding the North Turnpike Taskforce results and the idea of extending the Turnpike through District 2 of Sumter County. Commissioner Gilpin has not found any individual in District 2 that wants the Turnpike to go through the district and he cannot see any value to many and/or any citizens of Sumter County. Commissioner Gilpin further stated that he believes that citizens of District 2 would rather any money that would go towards the Turnpike project should go towards improvements on I-75 and more specifically, US 301. Commissioner Gilpin suggested that this issue be brought forth the Delegation Committee, which the Board provided consensus on. Mr. Arnold stated that he would prepare a letter for presentation at the next meeting.

5. Commissioner Breeden - No report.

e. Public Forum

The following individuals spoke during Public Forum:

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1. Gilbert Windsor (praise regarding the local election), 2354 Bramble Ter, The Villages; and 2. Ron Edwards (regarding code enforcement complaints being anonymous), 1299 NW 12th Ln, Lake Panasoffkee.

3. NEW BUSINESS - ACTION REQUIRED

a. MINUTES

1. Minutes of Regular Meeting held on October 13, 2020 (Staff Recommends Approval).

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Commissioner Miller moved, with a second by Commissioner Breeden, to approve the minutes of the Regular Meeting held on October 13, 2020. The motion carried 5 - 0.

b. SET FUTURE PUBLIC HEARINGS OR MEETINGS

None

c. APPOINTMENTS

1. BOCC Committees - Two Vacancies (Board’s Option).

There are two vacancies on the BOCC Committees, which Mr. Arnold commented on. The first vacancy is on the Value Adjustment Board. Commissioner Gilpin had a conflict regarding that entity, which created a vacancy. Commissioner Breeden volunteered to serve on the Value Adjustment Board with Commissioner Miller. The second vacancy is a new item. The Executive Director for the Withlacoochee Regional Water Supply Authority requested an alternate, in addition to Commissioner Miller and Commissioner Search. Commissioner Estep volunteered to fill that vacancy.

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2. Affordable Housing Advisory Committee (AHAC) Vacancy (Board’s Option).

There are no applicants at this time. Thus, no action was taken.

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3. Construction Industry Licensing/Fire Code Board of Appeals Vacancy (Board’s Option).

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There are no applicants at this time. Thus, no action was taken.

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4. Public Safety Coordinating Council Vacancies (Board’s Option).

There are no applicants at this time. Thus, no action was taken.

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5. Sumter County Public Library Advisory Board (SCPLAB) Vacancy (Board’s Option).

There are no applicants at this time. Thus, no action was taken.

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d. FINANCIAL

1. Inventory Transactions – Disposal and Surplus of Property (Staff Recommends Approval).

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2. Purchase Order Approval for FY 2020/2021 (Staff Recommends Approval).

The attached list of open purchase requisitions is recommended for approval.

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3. Budget Amendment A-4 (FY 20/21) (Staff Recommends Approval).

This Budget Amendment (A-4) amends as follows: Transit Fund (116) – Amends transfer from General Fund until grant funding is received.

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Commissioner Miller moved, with a second by Commissioner Search, to Approve items 1 through 3 under Financial The motion carried unanimously 5 – 0.

e. CONTRACTS AND AGREEMENTS

1. Amendment #1 to Agreement for Services for the Buena Vista Boulevard Extension from SR 44 to Meggison Road Design and Permitting (Staff Recommends Approval).

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On December 10, 2019, the Sumter County Board of County Commissioners (BOCC) entered into agreement with Kimley Horn for RFQ 042-0-2019/RS Sumter County Extension of Buena Vista Boulevard from SR 44 to Meggison Road. Attached for BOCC review and approval is Amendment #1 to the agreement to include additional services to be performed by Kimley-Horn. This work includes developing the landscaping and irrigation plans/specifications for the project.

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2. Amendment #1 with Akimeka, LLC for RFP 026-0-2020/RS Sumter County Professional Services for E9-1-1 and NG9-1-1 Geographic Information System (GIS) Support (Staff Recommends Approval).

The E911 State Grant Program is designed to assist counties with the installation of Enhanced 9-1-1 (E911) systems and provide seamless E911 throughout the State of Florida. The Board of County Commissioners in any county in the State of Florida are eligible to apply for this grant program. The submission requires a competitive selection process for consideration of the grant application. On July 28, 2020, Sumter County awarded Akimeka, LLC RFP 026-0-2020/RS for Professional Services for E9-1-1 and NG9-1-1 Geographic Information System (GIS) Support. The RFP was included in the E911 State Grant Application for Sumter County. On September 21, 2020, the State E911 Board awarded Sumter County $368,556 for GIS services. On October 13, 2020, Sumter County accepted the E911 State Grant. The State requests additional documentation between the BOCC and our vendor, Akimeka, LLC, to ensure compliance with federal grant funds. This amendment adds language to ensure Sumter County and its vendor comply with the federal grant program requirements.

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3. Task Order #2 with WSP USA Inc. and Sumter County Board of County Commissioners (BOCC), (Staff Recommends Approval).

On September 22, 2020, the BOCC entered into a contract with WSP USA Inc. through RFQ 030-0- 2020/RS Sumter County Continuing Engineering Services. Attached for BOCC review and approval is Task Order #2. Under this Task, WSP will study and mitigate access management concerns on C 466 from NE 36th St. to US 301, approximately 1800 feet. Deliverables will include the following:

1. Traffic analysis to identify appropriate corridor and signal modifications. 2. 60% design plans, calculations, and opinion of probable costs of recommended improvements 3. 90% design plans and opinion of probable cost 4. Final signed and sealed plans and opinion of probable cost

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5. Bid quantities and specifications WSP is requested for this task to ensure there are no potential or actual conflicts of interest.

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4. Enter into Contract with Flotech Environmental, LLC for ITB 044-0-2020/RS Sumter County Pipe Assessment and Repair Project (Staff Recommends Approval).

ITB 044-0-2020/RS Sumter County Pipe Assessment and Repair Project was broadcasted on 10/16/2020. Bids were due on 11/17/2020 at 2:30 p.m. and opened at 2:35 p.m. in the Training Room located at 319 E. Anderson Avenue, Bushnell. Seven (7) bids were received from the following vendors: 1. Flotech Environmental, LLC ($573,000.00); 2. Atlantic Pipe Service, LLC ($613,675.00); 3. Envirowaste Services Group ($721,002.00); 4. Vortex Services, LLC ($766,431.70); 5. Hinterland Group, Inc. ($960,250.00); 6. Shenandoah Construction ($960,750.00); and 7. Gulf Coast Underground, LLC ($1,287,750.00). The Selection Committee agreed to recommend to the BOCC to enter into contract with Flotech Environmental, LLC as the lowest responsive/responsible bid.

11-24-20-3-e-4, 11-24-20-3-e-4-ITB, 11-24-20-3-e-4-Agreement, 11-24-20-3-e-4- Flotech Submittal, 11-24-20-3-e-4-APS Submittal, 11-24-20-3-e-4-EnviroWaste Submittal, 11-24-20-3-e-4-Gulf Coast Underground Submittal, 11-24-20-3-e-4- Hinterland Submittal, 11-24-20-3-e-4-Shenandoah Submittal, 11-24-20-3-e-4- Vortex Submittal

5. Enter into Contract with CWR Contracting, Inc. for ITB 029-0-2020/RS Sumter County C-478 Resurfacing from SR 471 to Center Hill (Staff Recommends Approval).

ITB 029-0-2020/RS Sumter County C-478 Resurfacing from SR 471 to Center Hill was broadcasted on 10/2/2020. Bids were due on 11/3/2020 at 2:00 p.m. and opened at 2:05 p.m. in the Training Room located at 319 E. Anderson Avenue, Bushnell. Four (4) bids were received from the following vendors: 1. CW Roberts Contracting, Inc. ($1,734,041.57); 2. Ranger Construction ($1,771,899.00); 3. Anderson Columbia Company, Inc. ($1,827,039.68); and 4. DAB Constructors, Inc. ($1,884,444.44). The Selection Committee met on 11/3/2020 at 2:00 p.m. in the Training Room located at 319 E. Anderson Avenue, Bushnell. The Selection Committee agreed to recommend to the BOCC to enter into contract with CW Roberts Contracting, Inc. as the lowest responsive/responsible bid.

11-24-20-3-e-5, 11-24-20-3-e-5-Agreement, 11-24-20-3-e-5-ITB, 11-24-20-3-e-5- Anderson Columbia Submittal, 11-24-20-3-e-5-CWR Submittal, 11-24-20-3-e-5- DAB Submittal, 11-24-20-3-e-5-Ranger Submittal

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6. Enter into Contract with Automated Logic for Building Automation System Controls for the Sumter County Detention Center for Fiscal Year 20/21 (Staff Recommends Approval).

A Competitive Negotiation Waiver Request was processed and posted per Florida Statutes 287.057. Automated Logic of Orlando is a service division of Automated Logic Corporation. Their technicians are solely authorized to perform any installation, programming, or software upgrades to the Automated Logic System.

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7. Enter into Contract with Tip Top Tree Experts, LLC for RFP 042-0-2020/RS Sumter County Emergency and Routine Tree Services (Staff Recommends Approval).

On November 10, 2020, the BOCC approved contract negotiations with Tip Top Tree Experts, LLC for RFP 042-0-2020/RS Sumter County Emergency and Routine Tree Services.

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8. Enter into Contract with Safe-Air Corporation for Sumter County Plymovent Ventilation Systems for all County Fire Stations for Fiscal Year 20/21 (Staff Recommends Approval).

A Competitive Negotiation Waiver Request was processed and posted per Florida Statutes 287.057. Safe-Air Corporation is the exclusive dealer of Plymovent vehicle exhaust systems in Alabama, Georgia, and Florida. They exclusively have the right to sell, install, and repair these systems.

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9. Fiscal Year 2020/2021 Pricing for CenturyLink Master Services Public Safety Agreement for Products and Services for E911 Equipment (Staff Recommends Approval).

On October 9, 2018, the Board of County Commissioners (BOCC) approved the CenturyLink Master Services Public Safety Agreement for Products and Services for E911 equipment for Sumter County.

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10. Declare Surplus County-Owned Parcel D08A006 and Consider the Property Sale Contract brought forward by Smith and Smith Realty (Staff Recommends Approval).

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On June 23, 2015, the County approved Acceptance of Tax Deed Application #4260, Certificate #271 Parcel D08A006, and approved the deed's recording in the official records. The property until now was not brought forward for the declaration of surplus and sale until such time that the CSX railway crossing at CR 105 would move on. Since it has, this property no longer serves any County purpose. Staff requests the Board of County Commissioners (BOCC) declare Parcel D08A006 surplus. On November 12, 2020, the County received an offer from Dallas Land Co. LLC in the amount of $3,780 through Smith and Smith Realty (the County's On-Call Real Estate Broker) to purchase Parcel D08A006. The requested closing date is December 1, 2020. Mr. Arnold notified the Commissioners that he had the potential for a second offer to come before the Board. However, the individual interested feels that she will be able to work with Dallas Land Co. LLC regarding her needs, if approved.

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11. Terminate the J.A. Standridge Sumter County On-Call General Contractor RFP 052-0-2019/RS (Staff Recommends Approval).

On January 14, 2020, the Sumter County Board of County Commissioners awarded and entered into a contract with J. A. Standridge, Inc. for on-call general contractor services RFP 052-0- 2019/RS. We are terminating this agreement per paragraph 4 of the On-Call General Contractor Services Agreement dated September 18, 2019 and effective January 14, 2020.

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Commissioner Search moved, with a second by Commissioner Miller, to Approve items 1 through 11 under Contracts and Agreements. The motion carried unanimously 5 – 0.

f. GENERAL ITEMS FOR CONSIDERATION

1. Accept the Right-of-Way Deeds from The Villages Land Company, LLC for the rights-of-way as shown in the exhibits for the road infrastructure for ownership and maintenance and start the one-year warranty for Marsh Bend Trail Phases 3 and 4 (Staff Recommends Approval).

On December 12, 2018, the Marsh Bend Trail Phase 3 Budget, Specifications, and Plans were approved, and notice-to-proceed was provided following The Villages® Companies Regional Road Agreement. On May 16, 2019, 2018, the Marsh Bend Trail Phase 4 Budget, Specifications, and Plans were approved, and notice-to-proceed was provided following The Villages® Companies Regional Road Agreement. These projects were certified complete, inspection reports made, repairs made from those inspections, and rights-of-way deeds of conveyance from The Villages Land Company, LLC were provided to transfer the rights-of-way. The acceptance at this meeting for the ownership and maintenance

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starts the one-year warranty for the work. The reimbursement of the invoices from this project will commence five years from receipt of the same.

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2. State Aid to Libraries Grant Application Certification of Hours, Free Library Service, and Access to Materials (Staff Recommends Approval).

The Florida Department of State, Division of Library and Information Services provides funding opportunities through the State Aid to Libraries Grant Program. The purpose of the program is to encourage local governments to establish and continue development of free library service to all Florida residents. Funds can be used for the operation and maintenance of a library. In order to be eligible for FY 2020-2021 funds, this document certifies that the Sumter County Library System provides the following: Free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; Access to materials, information, and services for all residents of the area served; and Has at least one library, branch library, or member library open 40 hours or more each week (excluding holidays; between Sunday through Saturday, on a schedule determined by the library system).

11-24-20-3-f-2

3. Satisfaction of Civil Restitution Lien for Jose Miguel Sanchez (Staff Recommends Approval).

On October 14, 2020 a Civil Restitution Lien in the amount of $50.00 was ordered for Jose Miguel Sanchez, case number 2020 CF 567. On November 4, 2020 County Finance received cash in the amount of $50.00 to satisfy the balance of said lien.

11-24-20-3-f-3

4. Satisfaction of Civil Restitution Lien for Mark V Andrus (Staff Recommends Approval).

On February 26, 2014 a Civil Restitution Lien in the amount of $1950.00 was ordered for Mark V Andrus, case number 2014 CT 163. On November 5, 2020 County Finance received cash in the amount of $1950.00 to satisfy the balance of said lien.

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5. Satisfaction of Civil Restitution Lien for Kalin John Ricker (Staff Recommends Approval).

Page 16 of 17

On October 22, 2019 a Civil Restitution Lien in the amount of $100.00 was ordered for Kalin John Ricker, case number 2018 CF 882. On October 27, 2020 County Finance received check number 60883 from the Sumter County Clerk of Court in the amount of $100.00 to satisfy the balance of said lien.

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6. State of Emergency Declaration Extension Sumter County Board of County Commissioners (Staff Recommends Approval).

11-24-20-3-e-6

7. Request from the City of Webster for Temporary Road Closure for the 2020 Annual Christmas Parade (Staff Recommends Approval).

The City of Webster is hosting the 2020 Webster Christmas Parade on December 5, 2020. The parade event will be on SR 471; the city is requesting equipment and county roads for the detour route. This Executive Summary is for the use of county property only; an FDOT permit is required for the closure of SR 471 and is the city's responsibility to obtain. The detour route will utilize CR 722, 747, 743, and C 478A from 5:30 P.M. to 8:00 P.M. on December 5, 2020. The Sumter County Sheriff's Office will provide traffic control assistance for the event.

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8. Request to Use Parking Lot of The Villages Annex by Chabad Lubavitch Jewish Center of Ocala, The Villages, and Tri County for Hanukkah Menorah Lighting Car Procession on December 14, 2020 (Staff Recommends Approval Contingent on Receipt of COI).

Sumter County received a request from the Chabad Lubavitch Jewish Center of Ocala, The Villages, and Tri County to use the parking lot of The Villages Annex for a Hanukkah Car Procession on December 14, 2020, from 5:30 PM to 6:00 PM. Certificate of Insurance (COI) will need to be received prior to the event.

11-24-20-3-f-8

Commissioner Miller moved, with a second by Commissioner Estep, to Approve items 1 through 8 under General Items for Consideration. The motion carried unanimously 5 – 0.

4. ADJOURN

The meeting adjourned at 6:12 p.m.

Page 17 of 17

SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Schedule a Public Hearing to Amend Chapter 4, “Animal Control” of the Sumter County Code on January 12, 2021, at 7:00 PM at Everglades Recreation Center, 5497 Marsh Bend Trail, The Villages, FL (Staff Recommends Approval). REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Administrative Services BUDGET IMPACT: N/A FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

The current Sumter County Code of Ordinance does not prohibit tethering of animals provided they have adequate shelter, water, and food within reach of use of the tether.

To consider an anti-tethering ordinance alone would create several areas of conflict within the current code; therefore, the attached ordinance amends the existing code to address those conflicts.

Prepared by: Leslie Smith Grammarly Check ☒

Page 1 of 1

SUMTER COUNTY ORDINANCE NO. 2020-

AN ORDINANCE OF THE SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 4 “ANIMAL CONTROL” OF THE SUMTER COUNTY CODE; PROVIDING FOR CONFLICTS AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners of Sumter County (“Board”) has adopted the Sumter County Code of Ordinances, which serve as the laws and regulations of Sumter County; and,

WHEREAS, the Board of County Commissioners established animal control regulations which are set forth in the Code of Ordinances, specifically Chapter 4 Animal Control; and,

WHEREAS, Sumter County seeks to amend its ordinance to streamline certain provisions; and

WHEREAS, intensive confinement or long-term restraint can severely damage an animal's physical and psychological state, particularly for dogs; and

WHEREAS, tethered dogs may suffer from irregular feedings, overturned water bowls, inadequate veterinary care and extreme temperatures; and,

WHEREAS, Sumter County seeks to establish anti-tethering provisions to address the health, safety and welfare of animals and the general public; and,

WHEREAS, Sumter County desires to amend its animal control regulations to address the issues outlined herein; and,

WHEREAS, the Board, after the appropriate publication of notice of its intention to consider this Ordinance, has determined that in consideration of the health, safety and welfare of its citizens, it is in the best interests of Sumter County, Florida to approve this ordinance.

NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Sumter County, Florida, as follows:

SECTION 1. PURPOSE.

The purpose of this Ordinance is to amend Chapter 4 Animal Control for the reasons set forth in the above Whereas clauses, which are incorporated herein, in haec verba.

00895589 Page 1 SECTION 2. AUTHORITY.

Pursuant to Article VIII, Section I of the Florida Constitution and Sections 125.01 and 125.66 of the Florida Statues, the Sumter County Board of County Commissioners has all powers of local self-government to perform county functions and render county services and facilities except when prohibited by law, including the authority to amend its Code of Ordinances.

SECTION 3. AMENDMENT OF CHAPTER 4 ANIMAL CONTROL OF THE SUMTER COUNTY CODE OF ORDINANCES. Chapter 4 is hereby amended and restated as follows:

Sec. 4-1. - Title and scope. This chapter may be cited as the "Sumter County Animal Control Ordinance."

Sec. 4-2. - Applicability. This chapter shall be applicable within the legal boundaries of the county, including all incorporated and unincorporated areas.

Sec. 4-3. - Liberal construction. This chapter shall be liberally construed in order to effectively carry out the purpose hereof.

Sec. 4-4. - Definitions. As used in this chapter the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise.

Abandonment means to give up possession of, to neglect, to forsake an animal entirely or to refuse to provide or perform the legal obligations for the care and support of an animal by its owner or owner's agent.

Animal means any living dumb creature, traditionally considered domestic, excluding wildlife and exotic animals as defined in this chapter.

Animal care establishment means any private facility, whether for profit or non- profit, which boards and/or cares for animals including, but not limited to, boarding facilities, kennels, veterinary clinics, animal hospitals, pet stores, or animal rescue organizations.

Animal control manager means the manager of Sumter County Animal Control Services who is authorized by the board of county commissioners to administer the county animal shelter and to administer and enforce the provisions of this chapter. The county administrator shall designate a county employee as the animal control services manager. Sumter County Animal Control Services is the animal control authority described in the statute.

Animal control officer means any person designated by the county administrator who is authorized to investigate, on public or private property, civil infractions or criminal infractions relating to animal control or cruelty and to issue citations as

00895589 Page 2 provided in this chapter. The term includes "animal control officer" as defined in Florida Statutes. An animal control officer is not authorized to bear arms or make arrests.

At large means off the premises of the owner and not under the direct control, custody, charge, or possession of the owner, keeper, or harborer. A police dog or police horse, as defined in F.S. § 842.19, while in use by a law enforcement agency, shall not be deemed to be at large.

Baiting means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, "baiting" means the use of live animals in the training of racing greyhounds.

Board means the Board of County Commissioners of Sumter County.

Citation means a written notice, issued to a person by an animal control officer, that the officer has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the special master will hear the charge. The citation shall contain:

(1) The date and time of issuance; (2) The name and address of the person; (3) The date and time the civil infraction was committed; (4) The facts constituting probable cause; (5) The ordinance violated; (6) The name and authority of the officer; (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or to appear before the special master; (8) The applicable civil penalty if the person elects to contest the citation; (9) The applicable civil penalty if the person elects not to contest the citation; (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear before the special master, he shall be deemed to have waived his right to contest the citation and that, in such case, a ruling may be entered against the person for an amount up to the maximum civil penalty; (11) A conspicuous statement that if the person is required to appear before the special master mandated by section 4-20 of this chapter, he does not have the option of paying a fine in lieu of appearing at the hearing.

County means Sumter County, Florida.

County health officer means the Sumter County Public Health Unit Director or his designee.

00895589 Page 3 Cruelty means any act of neglect, torture or torment that causes unjustifiable pain or suffering of an animal.

Dangerous animal means: (1) Any animal with a propensity, tendency or disposition to attack, to cause injury to, or to otherwise endanger the health and safety of human beings or other domesticated animals; (2) Any animal which attacks a human being or other domestic animal without adequate provocation; (3) Any animal which, without adequate provocation, exhibits aggressive behavior or creates a reasonable apprehension of immediate injury. (4) Any animal which, without adequate provocation, because of temperament, conditioning or training, has a known propensity to bite or otherwise exhibits aggressive behavior causing injury to human beings or domestic animals or creates a reasonable apprehension of immediate injury; and (5) Any dog defined and certified as a "dangerous dog" pursuant to F.S. § 767.12. (6) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

Designee means any person designated by the director of a county agency or department to act on behalf of such director.

Direct control shall mean immediate and continuous physical control of an animal at all times such as by means of a fence, leash, cord, or chain of sufficient strength to restrain the animal; or in the case of specifically trained working, agricultural or hunting animals which immediately respond to such commands, while working; direct control shall also include aural or oral control, if the controlling person is at all times clearly and fully within the unobstructed sight and hearing of the animal.

Domestic animal means any animal kept in captivity by humans and/or dependent upon humans to sustain life.

Exotic animal for the purposes of this chapter shall mean and include, but is not limited to, any animal which is required to be permitted pursuant to F.S. § 372.922, and/or any traditionally non-domestic mammal, reptile or bird, whether native or not to the state, that is considered to present a real, potential danger to human safety.

Feral animal means any wild domestic animal, whether it was born in the wild or reverted to a wild state due to abandonment or lack of domestication. Evidence of the feral nature of an animal includes but is not limited to a lack of any identifying mark, such as a collar, tag, tattoo or notched ear, and the indication of extreme fear,

00895589 Page 4 hysteria or aggression consistent with the characteristics of a wild animal in captivity.

Hybrid, for purposes of this chapter, as defined by the Florida Fish and Wildlife Conservation Commission (FWC), means an offspring resulting from the cross between wildlife and domestic animal, which is substantially similar in size, characteristics and behavior as to be indistinguishable from the wild animal shall be regulated by FWC as wildlife as the higher and more restricted class of the wild parent. Wolves, coyotes, jackals (family Canidae) are Class II Captive Wildlife and require FWC permits. Hybrids not meeting the FWC Class II definition do not require FWC permitting and fall under the animal licensing requirement for domestic dogs, cats, and ferrets.

Licensed veterinarian means any person who is licensed to engage in the practice of veterinary medicine in the state under the authority of F.S. ch. 474.

Livestock means and shall include all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, ostriches, and other grazing animals.

Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control officer.

Ordinance means any ordinance enacted by the board, relating to the control of, or cruelty to animals, the violation of which is a civil infraction.

Owner shall mean any person who owns, possesses or has custody or control or gives shelter, feeds, confines, boards, keeps houses, or is in charge of, or tends any animal other than livestock, as that term is generally utilized, for a period of five (5) or more days.

Person means any individual, partnership, firm, joint stock company, corporation, association, trust, society, estate, other legal entity or business unit owning, harboring an animal, or with apparent control over an animal.

Provocation means when referring to public nuisance animals; the verbal, physical or visual act so as to incite a reaction from an animal.

Public nuisance animal means any animal that unreasonably annoys human beings, endangers the life or health of other animals or persons, or substantially interferes with the rights of persons other than their owners, to enjoyment of life or property. The term public nuisance animal shall mean and include, but is not limited to, any animal that:

(1) Is repeatedly found at large; (2) Damages the property of anyone other than its owner;

00895589 Page 5 (3) Molests passersby or chases vehicles on a public right-of-way; (4) Makes unwarranted, excessive, disturbing noises, including but not limited to, continued or repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to the neighbors or to others in close proximity to the premises where the animal is kept or harbored. (5) Is offensive or dangerous to the public health, safety or welfare by virtue of the inability or unwillingness of the owner to properly care for the number of animals owned, harbored or kept; thereby creating the public health, safety, or welfare hazard. Notwithstanding the foregoing, public nuisance animal does not include any animal certified as a dangerous animal pursuant to this chapter.

Secure enclosure means an enclosure which adequately prevents escape and unauthorized access such as:

(1) A building such as the owner's dwelling; or (2) A kennel which measures a minimum of thirty-two (32) square feet, which does not share common fencing with the perimeter of the premises, and which consists of a top and sides made from at least eleven (11) gauge new chain link wire and secured to a concrete floor by embedding the wire in the concrete or by using galvanized or steel pipe and ties, and metal straps securely into the concrete floor screwed and shall be lockable. (3) Provides protection from the elements and a secured food and a secured water bowl, so as not to tip over.

Special master means that person appointed by the Sumter County Administrator as the Sumter County Code Enforcement Special Master under the provisions of chapter 2, article V of the Sumter County Code.

Sumter County animal control (animal control or animal services) means the division within the public works department in charge of animal control in the county.

Tethering means the action of tying an animal with a rope, chain or similar device, so as to restrict its movement.

Wildlife means any mammal, bird or reptile traditionally considered wild which is the responsibility of the state fish and wildlife conservation commission pursuant to F.S. §§ 372.001 and 372.072(3)(a).

Sec. 4-5. - Licensure and rabies vaccination of dogs, cats and ferrets.

(a) The owner of a dog, cat or ferret four (4) months of age or older must maintain a current rabies vaccination of such dog, cat or ferret. It is a violation of this chapter

00895589 Page 6 for the owner of a dog, cat or ferret to refuse or fail to have the dog, cat or ferret vaccinated against rabies as required by this section.

(1) Only veterinarians actively engaged in the practice of veterinary medicine, who are duly registered and licensed by the State of Florida, are hereby authorized to vaccinate dogs, ferrets, or cats against rabies.

(2) Evidence of such vaccinations for a dog, ferret or cat shall consist of a current State of Florida county metal rabies tag, and a certificate of vaccination, executed in triplicate, issued and signed by the veterinarian administering the vaccine.

(3) No rabies certificate or tag issued for one animal shall be valid for another animal. It is a violation of this chapter for any person to possess or use a stolen, counterfeit or forged certificate, tag or other document required by or issued pursuant to this chapter.

(4) The certificate of vaccination shall state the date of vaccination and type of vaccine administered, the veterinarian who administered the vaccine, the name, address and telephone number of the owner, the breed, age, sex, color and markings on the animal and other pertinent facts for proper identification of the animal. One (1) copy of the certificate shall be given to the owner and one (1) retained by the veterinarian administering the vaccination and one (1) returned to animal control.

(5) All vaccines used shall be a type approved by the state division of health.

(6) Temporary residents are required to provide valid proof of current rabies vaccination upon request.

(7) It is a violation of this chapter for the owner or keeper of a dog, cat or ferret to refuse or fail to show the rabies certificate required by or issued pursuant to this chapter, upon lawful demand by an officer, provided that the officer may allow the owner twenty-tour (24) hours to produce the requested certificate or tag.

(b) No dog, cat or ferret shall require vaccination if:

(1) A licensed veterinarian has examined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or other medical consideration; and

(2) A certificate evidencing such exception is presented to animal control within five (5) days of such examination. Such exempt animal shall be vaccinated against rabies as soon as its health permits.

00895589 Page 7 (c) Each dog, cat or ferret in Sumter County which is at least four (4) months of age or older, shall be licensed by animal control services. Animal control services shall provide a metal license tag for the subject animal upon payment of the requisite fee. The license tag shall be separate and distinct from the rabies tag required by this chapter. License fees shall be established by resolution of the board of county commissioners. License tags may be issued either annually or every three (3) years.

(d) To register or renew a license tag for a dog, cat, or ferret, proof of a current rabies vaccination must be provided by the owner. Only rabies vaccination certificates signed by a licensed veterinarian shall be considered valid.

(e) Any dog, cat or ferret at least four (4) months of age or older shall be required to have a valid license tag as required herein. Any person or owner who possesses any dog, cat or ferret which is at least four (4) months of age or older, without a valid license tag shall be in violation of this section. Violations of this section shall be punishable by a fine. Fines shall be established by resolution of the Sumter County Board of County Commissioners. If a dog, cat or ferret at least four (4) months of age or older is not wearing a license tag and is impounded, a fine will not be assessed if the metal license or valid Sumter County receipt for a current license can be produced by the owner. All other applicable fees will be assessed.

(f) Any cat or dog hybrid which is four (4) months of age or older, that is not permitted as Class II Captive Wildlife, shall obtain a Sumter County animal license. Any owner of such hybrid shall not be required to show proof of a current rabies vaccination to obtain a license as there is no approved rabies vaccine for hybrid animals as of the date of the enactment of this subsection.

Sec. 4-6. - Housing and care of animals

(a) Confinement. Any owner who confines an animal in any place must:

(1) Supply the animal with a sufficient quantity of wholesome food and fresh clean water. Water for domestic pets shall be supplied in a clean bowl that is stable enough as to not tip over. Water for pigs, hogs, cattle, or horses shall be provided in a clean trough or bathtub, which is connected to or immediately adjacent to a ready and immediate supply of fresh water sufficient to maintain animal hydration;

(2) Provide for wholesome exercise sufficient for the size of the animal;

(3) Provide a shelter from wind and rain that is large enough for the animal to stand up, turn around, which remains dry and supplies a change of clean, wholesome air;

(b) Dogs and cats running at large.

00895589 Page 8 (1) No person shall cause, permit, or allow a dog or cat to stray or in any manner to run at large in or upon any public street, sidewalk, or other public property or the property of another.

(2) This section shall not apply to any dog actually engaged in the sport of hunting in authorized areas at authorized times and supervised by a competent person, dogs used by state, county or municipal law enforcement forces in the exercise of their duties, or dogs used to work livestock in areas of the county designated as agricultural areas.

(3) Officers are authorized to impound any dog or cat which is at large and are authorized to enter onto private property for the purpose of capturing such dog or cat for impoundment.

(c) Female dogs and cats in heat.

(1) The owner of any female dog or cat in heat (estrue) is required to keep such animal in one (1) of the following enclosures: a building, veterinary hospital, boarding kennel or other secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for intentional breeding purposes. The failure to keep such animal so enclosed shall be a violation of this chapter. Additionally, it shall be a violation of this article for any person who owns, harbors, or keeps any (male or female) unsterilized cat four (4) months of age or older to allow or permit such unsterilized cat to be or remain outdoors unattended.

(d) Regulation of Tethering.

In order to protect the public safety and welfare, the following conditions shall apply when tethering a dog or cat:

(1) No person, to include owner, harborer, or caretaker shall tether a dog or cat to a stationary or inanimate object as a means of confinement or restraint unless such person is with the dog or cat and the dog or cat is at all times visible to such person.

(2) The tether must be constructed of material sufficient to restrain the dog or cat but may not place the dog or cat in danger of injury or death. At no time shall the tether extend over an object or edge in such a manner that could result in strangulation, entanglement of or injury to the dog or cat. Logging chains and vehicle tow chains may not be used to tether a dog or cat. The addition of weight to a dog’s or cat’s collar, harness, chain, or tether is prohibited.

(3) The tether shall be of a length and weight to allow a dog or cat to move at least ten (10) feet in all directions from the point of tethering and allow entry and egress to proper shelter and enclosure as defined herein. No person shall keep a dog or cat in any enclosure without daily exercise and change of air.

00895589 Page 9

(4) The tether shall be attached to a properly fitted buckle-style collar or buckle- style harness sufficient to restrain the dog or cat. The tether must have an operative swivel attached to a collar or harness and may not be attached to a stationary object at a height higher than the dog’s or cat’s neck in standing position. The tether must swivel on both ends and be free of tangles. A leash or lead may not be attached directly to the dog’s or cat’s neck in lieu of a manufactured collar or harness. Choke, chain, slip, or prong-type collars shall not be used on a dog or cat when such dog or cat is tethered.

(5) The dog or cat must have access to sufficient wholesome food and a continuous supply of clean, potable water, and freedom to move about and avoid area of dog’s or cat’s waste, parasites, or anything that would adversely harm a dog’s or a cat’s health or safety.

(6) The tethered dog or cat must be at least six (6) months of age and may not be sick or injured.

(7) The dog or cat may not be outside during extreme weather conditions, including, but not limited to, extreme heat or near-freezing temperatures or during thunderstorms, lightning storms, tornado watches or warnings, or during tropical storm or hurricane watches or warnings.

(8) No tether may extend any closer than six (6) feet from the perimeter fence or lot line. If it is connected to a pulley, the running line must be at least fifteen (15) feet in length and less than seven (7) feet above the ground. If multiple dogs or cats, they must be tethered separately with no sharing of running lines, or near enough to each other that they may become tangled. No dog or cat shall be tethered so that it has access to public property, including easements, and rights-of-way property, or the property of another.

(9) When the dog or cat is transported in a pickup truck with a metal bed, the dog or cat shall be provided protection from the metal bed; and the dog shall be safely and properly tethered as defined herein. Any cat being transported must be in a hard-shelled crate specifically designed for cats and the crate must be secured to the truck bed so that it does not move during transporting.

(10) Tethering and/or inappropriately sheltering a dog or cat in violation of the provisions of this section shall be unlawful. When a violation of this section occurs, an officer may take reasonable measures to remove the dog or cat from the tether and/or inappropriate shelter and impound the dog or cat.

(11) “Inadequate shelter” may be indicated by the appearance of the shelter itself, including, but not limited to, size, structural soundness, evidence of crowding within the housing facility, unhealthy environment in the area immediately

00895589 Page 10 surround such facility, or by the appearance or physical condition of the dog or the cat.

(12) Upon enactment of this section, officers shall provide a warning to all first- time tethering and/or sheltering violators and allow five (5) working days to correct the violation before any civil citation is issued. Notwithstanding the foregoing, nothing shall prevent an officer from citing an owner for violation of any other provision of this section, including other prohibited acts of cruelty or neglect.

(13) All persons, to include, owners, harborers, and caretakers of a dog or cat shall provide all health related grooming, cleaning, and parasite control required to ensure that the dogs or cats are maintained in a humane state and able to carry out normal activities.

(14) No dog or cat shall be tethered on vacant or abandoned property.

Sec. 4-7 Animal care establishments.

(a) Animal housing facilities at animal care establishments shall be structurally sound and meet all provisions of the Sumter County Code. Such facilities shall be maintained in good repair, to contain the animals, to protect the animals from injury, and to restrict the entrance of other animals. All animal rooms, cages, kennels, shipping containers and runs shall be of sufficient size to provide adequate and proper accommodations and protection from the weather for the animals kept within. All bedding shall be clean and dry. All cages shall have floors. All areas of confinement, display, sales, and storage areas shall be maintained in a sanitary condition. These areas shall be cleaned and disinfected regularly as conditions warrant. All areas in which animals are confined shall be connected to an outside ventilation system or some other appropriate means of ventilation, or air filtration shall be provided. The area of confinement shall be illuminated during daylight hours.

(b) Animals at animal care establishments requiring daily food and water shall receive same in their assigned facility using sanitary dispensers appropriate to the species and number of animals. Dogs and cats housed at an animal care facility shall be fed at least once every twenty-four-hour period. Sec. 4-8. - Public nuisance animals.

(a) This section shall not apply to animals on land zoned for agricultural purposes, to guide dogs for the blind, or to hunting, competition or working dogs while being trained or worked.

(b) It is a violation of this chapter to own, keep, or harbor a public nuisance animal. The owner of any public nuisance animal shall be in violation of this chapter, regardless of the knowledge, intent or culpability of the owner.

00895589 Page 11 (c) It shall be considered a nuisance when the keeping of dogs, cats or other animals results in an offensive odor because of failure of the owner to clean the premises.

(d) Public nuisance animal shall also mean any dog that makes excessive noises that cause unreasonable annoyance, disturbance or discomfort to the neighbors. This includes but is not limited to continued or repeated howling, barking or whining, without provocation, with the exception of dogs housed at animal care establishments. The violation can be witnessed by an officer or documented in at least two (2) affidavits from individuals living or staying in separate residences within one thousand (1,000) feet of the dog's location. The affidavits must contain documentation of the times and dates of such nuisances, and must be documented by an animal control officer who will determine if there is probable cause to believe a violation has occurred. A violation may be documented in one (1) notarized affidavit for the purposes of this section if there are no other residences within the dog's location other than the residence of the party filing the affidavit.

Sec. 4-9. - Dangerous animals.

(a) The animal control manager or his/her designee may declare that an animal is a dangerous animal based upon the criteria listed in section 4-4 hereof. The animal control manager or the manager's designee shall provide written notice to the owner of such animal by mail or hand delivery. The written notice shall include the basis for declaring the animal dangerous, a description of the animal, and the responsibility of the owner for maintenance of the animal. The owner of an animal declared dangerous may request a hearing to show cause why such animal should not be declared dangerous. Such request shall be in writing and shall be made in accordance with subsection 4-9(k) below.

(b) Within fourteen (14) days after a dog has been classified as dangerous pursuant to F.S. § 767.12, the owner of the dog must obtain a dangerous dog certificate of registration from animal control. It is a violation of this chapter for the owner of a dog classified as dangerous to refuse or fail to obtain a dangerous dog certificate of registration as required by this subsection. The certificate shall be renewed annually. Such certificates shall be issued only to persons who are at least eighteen (18) years of age and who present to animal control sufficient evidence of:

(1) A current certificate of rabies vaccination for the dog.

(2) A secure enclosure to confine a dangerous dog and the posting of both the enclosure and the premises with a clearly visible warning sign at each entry point that informs both children and adults of the presence of a dangerous dog on the property. The words "dangerous dog" must appear on the sign in four- inch letters, or on an additional sign, if necessary to achieve the same result.

(3) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

00895589 Page 12

(4) Animal control will review/inspect said premises periodically to ensure compliance with this chapter.

(5) Any animal classified as "dangerous" under this chapter shall be sterilized. If a special master hearing is requested under the provisions of this chapter concerning whether or not the animal is "dangerous," sterilization shall be delayed until after the finding of the special master on that issue.

(c) The board of county commissioners may impose by resolution an annual fee for the issuance of such dangerous dog certificate of registration.

(d) Any animal declared to be a dangerous animal shall be confined in a locked, secure enclosure on the premises of the owner of such animal. No dangerous animal shall be permitted or allowed off the premises of the owner unless such animal remains:

(1) Inside a locked animal carrier;

(2) Under the physical control of the owner and securely muzzled and restrained by a chain with a minimum tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length; and

(3) Subject to other conditions established by the animal control manager.

(e) It is a violation of this chapter for the owner of a dangerous animal to refuse or fail to confine or restrain such animal as required by this section.

(f) No dangerous animal impounded pursuant to this chapter shall be released until:

(1) The owner of such dangerous animal presents proof to animal control that the animal will be confined as required by this section; and

(2) The owner of such dangerous animal executes an affidavit acknowledging that the animal has been declared dangerous, agreeing to confine and restrain the animal, and recognizing the county's right to ownership and custody of the animal if it bites or injures a human or another animal after being declared dangerous.

(g) The owner of a dangerous animal must register a written disaster plan for such animal with both animal control and county emergency management.

(h) The owner of a dangerous animal shall report in writing the name and address of the new owner to animal control prior to transfer of ownership or custody of such animal.

00895589 Page 13 (i) The owner of a dangerous animal shall report in writing the death of such animal to animal control. The written document shall be hand delivered to animal control within twenty-four (24) hours of the death of the animal. The death of such animal shall be verified by a licensed veterinarian or an animal control officer.

(j) The owner of a classified "dangerous" animal who permits, allows or causes such animal to run, stray or be uncontrolled or at large in or upon public or private property, shall be in violation of this chapter if such dangerous animal bites, attacks, or causes injury to any person or domestic animal. Qualifying "attacks" as that term is utilized in this section must consist of an act or acts which would put a reasonable person or owner of a domestic animal in fear of actual physical harm to the targeted person or animal. The animal control services manager or an animal control officer shall make a determination as to whether a particular reported incident qualifies as an "attack" based on the standard stated herein. The animal control services manager's or officer's determination that an attack occurred may be challenged during a hearing before the special master under the provisions of this section.

(k) The following hearing procedures shall be applied in cases involving classified dangerous animals:

(1) A request for a hearing pursuant to F.S. § 767.12 and this chapter to review a determination or action of the animal control manager or animal control officer must be filed, in writing, with the animal control manager or animal control officer within seven (7) calendar days after receipt of written notice of the animal control manager's or animal control officer's determination or action. The written hearing request must be accompanied by a hearing fee consistent with the requirements of state statute, must briefly state the grounds therefore and list the names and addresses of any witnesses the owner intends to call at the hearing. The animal which is the subject of the determination or action must be confined in a secure enclosure pending resolution of the hearing.

(2) Upon receipt of a written hearing request the animal control services manager shall schedule an evidentiary hearing before the special master. The hearing shall be held as soon as possible but not more than twenty-one (21) calendar days and no sooner than five (5) calendar days after receipt of the request from the owner. Written notice of the date, time and location of the hearing shall be delivered to the owner no later than five (5) business days prior to the hearing date.

(3) All testimony presented at the hearing shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. At the hearing, the animal control service manager or his/her designee shall have the burden or proving by a preponderance of the evidence presented, that the determination or action under review was justified and in accordance with the

00895589 Page 14 statute. Failure of the owner to appear personally or through legal counsel at the hearing shall result in an order affirming the determination or action and forfeiture of the hearing fee. If the owner prevails, the hearing fee will be returned to the owner.

(4) At the conclusion of the hearing, the special master, utilizing his or her sole discretion, shall issue findings of fact, based on evidence of record, and conclusions of law in an order affording the proper relief, said findings and relief being consistent with local and state law. The order shall be filed with the animal control services manager or animal control officer promptly after issuance and shall be deemed entered upon the date of said filing. A copy of the order shall be personally served on the owner or on the owner's legal counsel or mailed by certified mail, return receipt requested, to the owner.

(5) The order of the special master shall be final, subject, however, to review in the county court as provided by statute. Such review by the county court shall be in the nature of an appeal from administrative action and not a hearing de novo.

Sec. 4-10. - Exotic animals and hybrid dogs or cats.

(a) All exotic animals in the county must be maintained in accordance with all local, state, and federal laws and regulations. In addition all exotic animals shall be registered with animal control, which will supply copies of the registration to county emergency management. Such registration shall include the name, address and phone number of owner of the animal, a description of the breed, coloring and other identifying characteristics, age, and permit number issued by the state pursuant to F.S. § 372.922, if applicable. If the location on the registration of where the animal is being kept is changed, animal control must be notified in writing within seven (7) days of the new location.

(b) All exotic animals are required to be housed in secure buildings, are not permitted to be unattended in open runs and must be under the direct control at all times, of a competent handler at least eighteen (18) years of age. A clearly visible warning sign that informs both children and adults of the presence of a dangerous animal must be posted at each entrance of both the building and the premises. Wording such as "warning!," "danger," "dangerous animal," "tiger" or "poisonous reptiles" etc. "within" or "behind fence" or "on premises" must be in four-inch letters on the sign, or on an additional sign, if necessary to achieve the same result.

(c) Owners of exotic animals must register a written disaster plan for each such animal with animal control. Animal control shall supply a copy of each plan to county emergency management.

00895589 Page 15 (d) Any person, entity or business selling exotic animals in Sumter County is required to post a sign no less than twenty-four (24) inches by thirty-six (36) inches in a prominent location containing substantially this wording:

"Any person possessing an exotic animal in Sumter County for personal use is required to register the animal with Sumter County Animal Control and is required to register a written Disaster Plan with Animal Control and Sumter County Emergency Management."

(e) The possession and/or ownership of any hybrid of the family Canis or Felis including, but not limited to, wolf/dog hybrids or coyote/dog hybrids, within the legal boundaries of Sumter County, Florida must meet FWC permitting for Class II Captive Wildlife or animal control services animal licensing requirements. The hybrid nature of the animal shall be confirmed utilizing standards established by FWC.

The seller is required to provide a copy of this section of this chapter to the purchaser and obtain a signed receipt acknowledging the purchaser's understanding of the ordinance. The seller shall also submit fully completed registration applications to animal control upon the sale of any exotic animal.

Sec. 4-11. - Impoundment.

(a) The board is empowered and authorized to create, institute, construct, operate and maintain animal control shelters or holding facilities at locations selected by the board in order to provide adequate animal service facilities for the entire county or arrange with private parties for the same.

(b) Owners reclaiming an animal shall pay all impoundment fees and per diem boarding fees as a condition to picking up the animal. Non-payment of impounding fees, civil penalties, or any other lawfully imposed charges involving an animal shall constitute abandonment of the animal transferring ownership to the county for adoption or euthanasia as set forth in subsection (h) below. The owner may be assessed cost/fee for euthanasia of the animal.

(c) Animal control may engage the services of a licensed veterinarian to treat any sick or injured animal, including any animal subject to cruelty, or any animal infected with or suspected of carrying rabies, impounded pursuant to this chapter. The owner of such animal shall be liable for payment of veterinary and impoundment expenses or reimbursement of the county's expenses in treating the animal.

(d) Animal control may catch, seize, humanely trap, or pick up and impound:

(1) Any dog or cat at large;

00895589 Page 16 (2) Any animal which has bitten or scratched a person or any animal carrying or suspected of carrying rabies or other infectious or contagious diseases;

(3) Any sick, injured, abandoned or cruelly treated animal for which the owner cannot be found after reasonable effort to do so;

(4) Any dangerous animal;

(5) Any animal not properly quarantined;

(6) Any other animal authorized by this chapter to be impounded; or

(7) Any animal otherwise in violation of this chapter.

(e) Animal control shall attempt to identify and locate the owner of an animal who is properly identified and is impounded pursuant to this chapter. If the owner can be identified and located, animal control shall provide notice either in writing, by telephone, or in person that the animal has been impounded.

(f) Any dog or ferret without any form of identification which is impounded pursuant to this chapter may be redeemed within a minimum of three (3) working days from the date of impoundment, or within five (5) working days if such animal is wearing a current rabies tag or is otherwise properly identified. The last day of redemption shall occur on a day the county shelter or other holding facility is open for business. No minimum hold time will be required for stray cats not possessing any form of identification to expedite the goal of the trap-spay/neuter-vaccinate-return program.

(g) No animal impounded pursuant to this article shall be released to its owner until:

(1) The owner provides proof of a current rabies vaccination certificate to animal control.

(2) If the animal does not have a current rabies vaccination, the owner will be required to arrange for a veterinarian to come to the shelter to vaccinate the animal against rabies before the animal leaves the shelter.

(3) The owner of an impounded animal pays all applicable fees due and any expenses incurred by animal control for veterinary treatment before the animal will be released from the shelter.

(h) Any animal impounded under the provisions of this chapter and not redeemed as provided for herein, or any animal turned over to the custody of animal control by the owner or owner's agent shall become the property of the county. Animal control shall humanely destroy such animal or place it in the custody of some person, by gift or sale, deemed to be a responsible and suitable owner, who will agree to

00895589 Page 17 comply with all provisions of this chapter. No live animal impounded may be given or sold to any person for use in laboratory testing or experiments of any kind.

(i) In compliance with F.S. § 823.15, all dogs and cats adopted from the county animal facility will be sterilized by a licensed veterinarian.

(j) This section shall not apply to the impoundment of livestock which is governed by F.S. ch. 588.

(k) Sumter County will establish a trap, spay/neuter, vaccinate, and return (TNVR) program for cats arriving at the county facility without identification. The TNVR program shall provide for the following:

(1) All cats entering the county animal shelter without identification and in good health shall be eligible for the TNVR program after a twenty-four-hour observation period and counted toward live intake and, upon release, shall be counted as a live release.

(2) TNVR eligible cats shall be sterilized, ear tipped, vaccinated, and returned to the original area of pick-up by a county animal control officer.

(3) Any TNVR cat determined to be a nuisance by animal control services due to repeat capture shall be relocated to an alternate suitable outdoor location.

Sec. 4-12. - Quarantine of animals.

(a) Any person bitten or having knowledge of any person bitten by any dog, cat or other animal, shall report the fact immediately to the county health department and animal control. The county health officer shall notify in writing, the owner of the animal alleged to have bitten a person and the person bitten or his guardian concerning the reported bite.

(b) The provisions of sections 64D-3.001 through 64D-3.010 and sections 64D-3.012 through 64D-3.014, Florida Administrative Code, as the same may be amended from time to time, are hereby adopted by reference in this chapter.

(c) It is a violation of this chapter for any person to commit an act, or cause an act to be committed in violation of sections 64D-3.001(2), through 64D-3.010 or sections 64D-3.012 through 64D-3.014, Florida Administrative Code, as the same may be amended from time to time.

(d) If quarantine of a dog or cat cannot be maintained at the owner's home or at the animal control facility pursuant to section 64D-3.013(2), Florida Administrative Code, the dog or cat shall be quarantined at the animal control facility or other holding facility approved by the supervisor. It is a violation of this chapter for the owner of a dog or cat to refuse or fail to maintain the dog or cat under rabies

00895589 Page 18 quarantine as required by section 64D-3.013(2), Florida Administrative Code, as the same may be amended from time to time.

(e) The fees established by the board for impoundment and maintenance of animals shall be applied to quarantined animals. No animal quarantined pursuant to this chapter shall be released until all such fees have been paid.

(f) Notwithstanding any other provision of this chapter to the contrary, a dangerous animal which has bitten, attacked, or caused injury to any person or domestic animal without provocation shall not be released but shall be humanely destroyed. Prior to the destruction of any such dangerous animal, the owner shall be notified of the imminent destruction of the animal, and the basis thereof, by hand delivery or regular mail, to the owner's last known address. The date of destruction shall be included in the notice and such destruction shall not be earlier than the eighth business day following the mailing or hand delivery of such notice. Notice is prescribed by this chapter in order to give the owner of such animal time to seek review of such administrative action by a hearing officer as provided in section 4- 8(j).

(g) The county public health unit director, as defined in section 64D-3.001, Florida Administrative Code, shall keep, or cause to be kept, accurate and detailed records relating to reports and investigations of animal bites.

Sec. 4-13. – Prohibitions and Violations.

(a) Cruelty to animals is prohibited.

(1) It is a violation of this chapter for any owner, either willfully or negligently, to deprive any animal of food, water, shelter, or protection, or otherwise ill-use an animal.

(2) It is a violation of F.S. § 828.13 and this chapter for an owner to abandon any animal:

(i) To die, that is maimed, sick, infirm, or diseased;

(ii) To suffer injury, malnutrition or dehydration.

(3) Pursuant to F.S. § 828.12, no person shall:

(i) Unnecessarily overload, overdrive, torment, deprive of necessary sustenance or shelter, or unnecessarily mutilate, or kill any animal, or cause the same to be done, or carry in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.

00895589 Page 19 (ii) Intentionally commit an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or cause the same to be done.

(4) It is unlawful for any person to entice or lure any animal out of an enclosure or off the property of the owner or seize, molest or tease any animal while the animal is on the property of the owner.

(5) Pursuant to F.S. § 828.08, it shall be unlawful for any person to leave or deposit any poison, in any common street, alley, lane or thoroughfare of any kind or in any yard or enclosure other than the yard or enclosure occupied or owned by such person.

(6) No vehicle owner, passenger or operator shall place or confine an animal or allow it to be placed or confined or to remain in an unattended vehicle without sufficient ventilation or under conditions or for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may be expected to cause suffering, disability or death.

(7) Any law or animal control officer who finds an animal in a vehicle in violation of this chapter may enter the vehicle using the amount of force which is reasonably necessary to remove the animal. The officer is authorized to impound and transport such animal to a veterinarian for medical care in the manner provided for in this chapter. The owner is then liable for all veterinary fees.

(8) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.

(9) Cruelty to animals shall include, but not be limited to, the following:

(i) Producing, rearing, breeding, keeping, or releasing animals including pigeons, to be shot at either for amusement or a test of skill in marksmanship;

(ii) Shooting at an animal, including a pigeon, produced, reared, bred, kept, or released as described in subsection 4-14(g)(1)); or

(iii) Knowingly allowing land or premises under one's ownership or control to be used for either of the purposes described in subsection 4-14(9)(i) and (ii).

00895589 Page 20 (10) This section shall not be construed to prohibit the taking of game in accordance with the regulations set forth in F.S. ch. 372, and title 39, Florida Administrative Code.

(11) Pursuant to F.S. § 828.12, a veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his part in an investigation of cruelty to animals.

–(b) Fighting or baiting of animals is prohibited.

(1) Pursuant to F.S. § 828.122, fighting or baiting animals; in its entirety, no person shall:

(i) Bait, use any animal for purposes of fighting or baiting any other animal;

(ii) Knowingly own, manage or operate any facility kept or used for the purpose of fighting or baiting any animal or promote, stage, advertise, or charge any admission fee to a fight or baiting between two or more animals;

(iii) Bet, or wager any money or other valuable consideration on the fighting or baiting of animals;

(iv) Attend the fighting or baiting of animals.

(2) The provisions of subsections (b)(i), (ii) and (iv) shall not apply to any person:

(i) Simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided F.S. § 828.12, cruelty to animals is not violated;

(ii) Using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the state fish and wildlife commission;

(iii) Using animals to work livestock for agricultural purposes;

(iv) Violating F.S. § 828.121;

(v) Using animals to hunt wild hogs or to retrieve domestic hogs.

(3) Nothing in this section shall be construed to prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.

00895589 Page 21 –(c) Abandonment of animals.

(1) It shall be a violation of this chapter for a person to abandon or dispose of an animal on the property of another or public property. In the case of the abandonment of cattle or horses on the property of another, the owner of the land upon which the cattle or horses are improperly located, or, in the case of an agricultural lease, the lessee providing for the stock, shall notify Sumter County Animal Control Services of the abandonment. If the original owner of said stock can be readily ascertained through evidence of a brand, number, tag, broken fence or other reasonable means, the landowner or agricultural lessee providing for the stock shall then send a letter, certified mail, return receipt, to the suspected owner of the stock, demanding that they be claimed and returned to their proper location. If the proper owner does not reclaim and remove stock within thirty (30) days of the date of the documented receipt of the demand, or if provisions for reclamation are not made by the proper owner at that time, the owner or lessee providing for the stock, shall, if he or she chooses, become the owner of the stock at issue. If the original owner of the stock cannot be determined through any available evidence, the owner of the lands at issue, the lessee of an applicable agricultural lease who is providing for the stock, shall, if he or she chooses, become the owner of the stock after a period of thirty (30) days from the date of the report to animal control services. Should ownership be refused by any party, the provisions for animal seizure included in this Code and Florida Statutes shall be pursued.

(2) It shall be a violation of this chapter to abandon an animal in his former residence when relocating to a new residence.

(3) After posting a 24-hour notice of intent to impound and no attempt by the owner has been made to contact animal control, the animal shall be impounded by animal control.

–(d) Concealment of animals prohibited.

(1) No person shall hold, hide, or conceal any animal to which he does not have legal title, provided, however, that no person shall be in violation of this section if he shall have reported his possession of such animal to animal control within forty-eight (48) hours after acquiring possession of such animal.

–(e) Animals are prohibited in parks, playgrounds, public school premises, public buildings and on beaches, except where allowed.

(1) It shall be a violation of this chapter for any person to take or allow any animal into or on any public beach, park, playground, public school premises or public building in the county, unless such animal is a dog trained to assist or aid disabled individuals and is actually being used for the purpose of assisting or aiding such individual. Notwithstanding the foregoing, the board of county

00895589 Page 22 commissioners from time to time may designate specific parks or areas in the county where domesticated pets (non-livestock) are allowed. The owner must insure the animal is leashed, under restraint and control at all times, and is properly licensed as required as required by this chapter. Animal waste must be disposed of by the animal's owner. Failure to comply with this section shall result in a citation by an animal control officer.

(f) It shall be unlawful and a violation of this chapter for any person to interfere with, obstruct, resist or oppose any officer while apprehending animals or performing any other duties, as set forth in this chapter. It shall be unlawful and a violation of this chapter for any person to take or attempt to take any animal from any officer or from any vehicle used by the officer to transport any animal or to take or attempt to take any animal from a county animal shelter without proper authority.

(g) No animals carrying any disease, virus or bacteria known to be transferable to humans shall be sold in Sumter County.

(h) It is a violation of this chapter for any person to refuse or fail to surrender an animal or the carcass of a dead animal upon the lawful demand by an officer.

(i) It is a violation of this chapter to:

(1) Interfere with, hinder, resist, obstruct, molest or threaten bodily injury to any animal control officer or agent of the county in the legal performance of his or her duties, or take or attempt to take an animal from any animal control officer or agent from any vehicle used by him or her to transport the animal;

(2) Knowingly mislead, give false information, or provide a false report or statement to any animal control officer or agent;

(3) Take or attempt to take any animal from an animal shelter without proper authority; or

(4) Knowingly remove, without authorization, an animal from a trap placed by an animal control officer or agent; or, without authorization, to knowingly tamper with, damage, or relocate a trap placed by an animal control officer or agent.

Sec. 4-14 – Administration and Implementation.

(a) The county may employ personnel to carry out and assist in the administration and enforcement of this chapter.

(1) For purposes of discharging the duties imposed by this chapter, including investigation of possible violation and for enforcing its provision, an officer or the county health officer, is empowered to enter, without authority of any court of competent jurisdiction, upon any private property, not including any

00895589 Page 23 dwelling or structure or curtilage thereof, to demand that the animal or, if applicable, the rabies certificate and/or tag of such animal be exhibited to said officer, provided the officer shall be empowered to enter into any curtilage of a dwelling or structure to investigate or impound any animal known or suspected of biting or scratching any person or any animal infected with or showing suspicious symptoms of rabies, or for any other circumstances needing immediate attention, which may affect the health, safety, and welfare of the general public. The officers shall be immune from prosecution for reasonable, good faith entry upon private property, as provided in F.S. § 810.12.

(2) The officers shall investigate complaints of alleged violations of this chapter.

(3) The officers may cite the owner and catch, seize, or pick up:

(i) Any animal at large; (ii) Any sick or injured animal, including any animal subject to cruelty, in need of immediate medical attention; (iii) Any animal infected with or suspected of carrying rabies or any other infectious disease; (iv) Any dangerous animal not properly confined or restrained; (v) Any animal not properly quarantined; (vi) Any animal creating a nuisance; (vii) Any female dog or cat in heat not properly confined; (viii) Any dog, cat or ferret not vaccinated against rabies by a licensed veterinarian; (ix) Any dog, cat or ferret not wearing a rabies tag; (x) Any animal otherwise in violation of this chapter.

(4) The officers shall impound any animal caught, seized, or picked up pursuant to this chapter.

(5) The officers shall keep, or cause to be kept, accurate and detailed records and accounts of funds relating to the administration and enforcement of this chapter.

(6) The officers may declare an animal to be a dangerous animal, and shall order the owner to confine or restrain such animal as required by this chapter. officers may inspect the premises of the owner of such animal for compliance with the order of the animal control manager and the provisions of this chapter.

(b) The board may, by resolution, establish such procedures and provisions of animal control as are necessary to implement this chapter.

Sec. 4-15. - Proceedings for violations.

00895589 Page 24 (a) An animal control officer who has probable cause to believe that a person who owns or is responsible for an animal has committed an act in violation of any provision of this chapter may issue a citation to the person.

(b) The recipient of a citation may contest it by requesting a hearing before the special master.

(c) If a person elects not to contest the citation, he or she shall pay the applicable citation penalty to the clerk of the county court within ten (10) days after issuance of the citation.

(d) If the person elects to contest the citation, he or she shall request a hearing through the Sumter County Animal Control Services within ten (10) days of the issuance of the citation. The county shall provide written notice of the hearing location, date and time to the person and the officer. Hearings shall be conducted in the same manner as code enforcement hearings are conducted pursuant to chapter 2, article V of the Sumter County Code to the extent the provisions therein do not conflict with this chapter.

(e) An animal control officer shall present the findings and recommendations of the animal control services department at the hearing and shall support same by testimony under direct examination of the Sumter County Attorney before the special master. The contesting party may present rebuttal evidence. Should the special master find in favor of Sumter County, the person petitioning for the hearing shall pay the amount owed pursuant to the citation and reimburse the county for the costs of the hearing and the time spent by the special master reviewing and adjudicating the matter at issue. Any appeal of the decision of the special master shall be a de novo appeal to the Circuit Court of Sumter County, Florida, to be filed within fifteen (15) days of the written entry of the special master's decision.

(f) If the person fails to pay the penalty noted in the citation within thirty (30) days of the issuance of the citation or, as applicable, the special master hearing, or fails to appear in before the special master to contest the citation at the scheduled hearing, said person shall be deemed to have waived his or her right to contest the citation and in such case, shall be guilty of a misdemeanor.

(g) A person who is issued a citation pursuant to this chapter does not have the option of paying the fine and is required to appear before the special master if:

(1) The violation results in the unprovoked biting, attacking, or wounding of an individual or a domestic animal. In addition to or in lieu of the set maximum penalty, a person whose animal has bitten, attacked, or wounded a person or a domestic animal may be found liable for restitution to the victim(s).

(2) The violation results in the destruction or loss of personal property.

00895589 Page 25 (3) The violation is a second or subsequent violation by the person of section 4-14 of this chapter regarding cruelty to animals; or

(4) The violation is a third or subsequent violation by the person of the same portion of this chapter, whether or not it pertains to the same or different animal(s).

(h) The animal control services manager shall maintain records to prove the number of citations issued to a particular person or address.

(i) Any person who willfully refuses to sign and accept a citation issued by an officer shall be immediately be liable for amount stated therein and subject to prosecution for a misdemeanor if not paid in thirty (30) days from the date of the citation.

(j) The procedures outlined in this section shall not be applied in lieu of the dangerous animal hearing procedures outlined in section 4-8 of this chapter for animals that have been designated as "dangerous animals" under the provisions of that section.

Sec. 4-16. – Penalties, Fees and Costs.

(a) Fees, costs and citation amounts related to enforcement and adjudication under this chapter shall be implemented and amended by formal resolution of the board of county commissioners.

(b) Citation penalties.

(1) A violation of this chapter is a civil infraction.

(2) The maximum civil penalty for a civil infraction is five hundred dollars ($500.00).

(3) If a person who has committed a civil infraction does not contest the citation, the civil penalty shall be the amount established by the board for the civil infraction.

(4) Penalty amounts related to enforcement and adjudication under this section shall be implemented and amended by formal resolution of the board of county commissioners.

(5) In addition to the civil penalties set forth above, there is hereby imposed a surcharge of five dollars ($5.00) upon each civil penalty imposed for violation of this chapter. Such surcharges shall be used to pay the costs of training for animal control officers.

(6) All civil fines and penalties shall be deposited into the county general fund.

00895589 Page 26 (7) In addition to or in lieu of a maximum civil penalty of five hundred dollars ($500.00), a person whose animal has bitten, attacked, or wounded a person or a domestic animal may be found liable for restitution to the victim(s).

(c) Enforcement by other means. Violations of section 4-13(a) may also be prosecuted in the same manner misdemeanors are prosecuted pursuant to F.S. § 125.69, punishable by a fine not to exceed five hundred dollars ($500.00) or by both such fine and imprisonment. Each animal produced, reared, bred, kept, released, or shot at in violation of subsection 4-13 shall be deemed a separate offense.

(d) Each day or fraction thereof the violation continues shall be considered a separate violation.

Sec. 4-17. - Conflict with state law.

In the event of a conflict between the provisions of this chapter and F.S. ch. 828, as the same may be amended from time to time, the provisions of F.S. ch. 828 shall prevail.

SECTION 4. CONFLICTS AND REPEALER.

This Ordinance shall be cumulative of all provisions of the Ordinances of Sumter County, Florida, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event all Ordinances or parts thereof in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 5. SEVERABILITY.

If any section, subsection, sentence, clause, phrase or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof.

SECTION 6. CODIFICATION

It is the intention of the Sumter County Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall be reflected and made a part of the Code of Ordinances of Sumter County, Florida, with the exception of Sections 1, 2, 4, 5, 6 and 7. The word ”Ordinance,” or similar words may be changed to “section,” “article,” or other appropriate word or phrase and the sections of this Ordinance may be renumbered or re-lettered to accomplish such intention. The Code codifier is granted liberal authority to rescind those sections of the Code declared null and void as set forth herein.

SECTION 7. EFFECTIVE DATE.

00895589 Page 27 Once adopted by the Sumter County Board of County Commissioners, this Ordinance shall become effective immediately upon adoption.

PASSED AND ADOPTED at a duly called session of the Sumter County Board of County Commissioners, this ____ day of ______, 2020.

GLORIA HAYWARD BOARD OF COUNTY COMMISSIONERS, SUMTER COUNTY CLERK SUMTER COUNTY, FLORIDA

ATTEST:

BY: DEPUTY CLERK Garry Breeden Chairman Approved as to form for the reliance of The Sumter County Board of County Commissioners, only:

______Jennifer C. Rey, Esq. The Hogan Law Firm, County Attorney

00895589 Page 28 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Affordable Housing Advisory Committee (AHAC) Vacancy (Board’s Option).

REQUESTED ACTION: Board’s Option

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept. Administrative Services BUDGET IMPACT: FUNDING SOURCE:

Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

The purpose of the AHAC is to:

• Review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government. • Recommend specific actions or initiatives to the Board of County Commissioners to encourage or facilitate affordable housing while protecting the ability of the property to increase in value. • Serve as the Citizen Advisory Task Force (CATF) for Community Development Block Grants. The committee shall follow the guidelines mandated in Florida Statute § 420.9076, and Rule Chapter 73C-23, Florida Administrative Code.

The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. The local action adopted pursuant to S. 420.9076, which creates the advisory committee and appoints the advisory committee members must name at least 8 but not more than 11 committee members and specify their terms. Effective October 1, 2020, the committee must consist of one locally elected official from each county or municipality participating in the State Housing Initiatives Partnership and one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing.

Page 1 of 3

SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

(h) A citizen who actively serves on the local planning agency pursuant to S.163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. The locally elected official serving on an advisory committee, or a locally elected designee, must attend biannual regional workshops convened and administered under the Affordable Housing Catalyst Program as provided in S. 420.531 (2). If the locally elected official or a locally elected designee fails to attend three consecutive regional workshops, the corporation may withhold funds pending the person’s attendance at the next regularly scheduled biannual meeting.

At a minimum, each advisory committee shall submit an annual report to the local governing body and the entity providing statewide training and technical assistance for the Affordable Housing Catalyst Program. The report must include recommendations on the implementation of affordable housing incentives in the following areas:

(a) The processing of approvals of development orders or permits, as defined in Section 163.3164 (7) and (8), Florida Statutes, for affordable housing projects is expedited to a greater degree than other projects. (b) All allowable fee waivers provided for the development or construction of affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) Affordable accessory residential units. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations, for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-used developments.

Page 2 of 3

SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

Sector Position Status Term

Local Elected Official Doug Gilpin 7/12/2020 – 7/12/2022 Building Industry Francis Harper 7/12/2020 - 7/12/2022 Essential Service Personnel Robert Hanson 7/12/2020 - 7/12/2022 For-profit Housing Provider Priscilla Lewis 7/12/2020 - 7/12/2022 Sumter County Resident Courtney Gage 7/12/2020 - 7/12/2022 Areas of Labor Activity Vacant 7/12/2019 - 7/12/2021 Banking Industry Heather Clark 7/12/2019 - 7/12/2021 Low Income Advocate Sandra Woodard 7/12/2019 - 7/12/2021 Non-profit Housing Provider Gene Barton 7/12/2019 - 7/12/2021 Real Estate Professional Danny Smith 7/12/2019 - 7/12/2021 Local Planning Agency Karl Holley 7/12/2019 - 7/12/2021 Employer Representative Matthew Yoder 7/12/2019 - 7/12/2021 Alternate Melanie Peavy 7/12/2020 - 7/12/2022

Prepared by: Brenda Schlak Grammarly Check ☒

Page 3 of 3

Sec. 12-47. - Sumter County Affordable Housing Advisory Committee.

(a) Establishment, purpose and intent. There is hereby created the Sumter County Affordable Housing Advisory Committee (hereinafter referred to as the "committee" or "advisory committee"), whose members shall be appointed by resolution of the board of county commissioners. The local action adopted pursuant to F.S. § 420.9072 which creates the advisory committee and appoints the advisory committee members must name at least eight (8) but not more than eleven (11) committee members and specify their terms. Six (6) members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations if duly noticed. The committee must consist of one (1) representative from at least six (6) of the categories listed below: (1) A citizen who is actively engaged in the residential home building industry in connection with affordable housing; (2) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing; (3) A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing; (4) A citizen who is designated as an advocate for low-income persons in connection with affordable housing; (5) A citizen who is a for-profit provider of affordable housing; (6) A citizen who is a not-for-profit provider of affordable housing; (7) A citizen who is actively engaged as a real estate professional in connection with affordable housing; (8) A citizen who actively serves on the local planning agency of the county; (9) A citizen chosen by the board of county commissioners from any profession or occupation; (10) A citizen who represents employers within the jurisdiction; (11) A citizen who represents essential services personnel, as defined in the local housing assistance plan. All members must be full-time residents of Sumter County, Florida. With regard to the occupation requirements noted above, if an individual cannot be found in the noted occupations that has a "connection with affordable housing," then such and individual may be chosen without regard to any connection with affordable housing. (b) Term. Six (6) initial members shall serve three-year terms following their appointment, while the remaining initial members shall serve two-year terms following their appointment. All members or their successors may thereafter be appointed for two-year terms at the sole discretion of the board of county commissioners. If a member is unable to finish his or her term, his or her replacement shall serve the remainder of the departed member's existing term before being eligible for an appointment to a new two-year term. Alternates shall serve a term of two (2) years. (c) Meetings. Meetings shall be held monthly for the first year of committee existence and quarterly, or more frequently, as necessary thereafter. The committee shall comply with the Florida Government in the Sunshine Law, the Florida Public Records Laws including F.S. ch. 119, and the special provisions regarding notice of plan considerations found in F.S. ch. 420. Minutes of the meeting will be kept by Sumter County staff and the meetings shall be recorded via audio recording. (d) Officers. The committee shall annually elect a chairperson, vice chairperson, and such other officers as it deems necessary. The chairperson is charged with the duty of conducting the meeting in a manner consistent with Florida law and Roberts Rules of Order. (e) Support. Administrative and facility support for advisory committee shall be provided by the board of county commissioners and housing services staff. (f) Duties. The advisory committee shall have the following duties: (1) Review established policies and procedures, ordinances, land development regulations, and the adopted county comprehensive plan, and recommend specific initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations or plan provisions; those creations of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances or plan provisions. Triennially, the advisory committee shall make recommendations on affordable housing incentives in the following areas to the board of county commissioners: a. The processing of approvals of development orders or permits, for affordable housing projects is expedited to a greater degree than other projects, as provided in F.S. § 163.3177(6)(f)3. b. The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. c. The allowance of flexibility in densities for affordable housing. d. The reservation of infrastructure capacity for housing for very-low-income persons, low- income persons, and moderate-income persons. e. The allowance of affordable accessory residential units in residential zoning districts. f. The reduction of parking and setback requirements for affordable housing. g. The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. h. The modification of street requirements for affordable housing. i. The establishment of a process by which a local government considers, before adoption, policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. j. The preparation of a printed inventory of locally owned public lands suitable for affordable housing. k. The support of development near transportation hubs and major employment centers and mixed-use developments. The committee recommendations must also include other affordable housing incentives identified by the advisory committee. The committee shall make recommendations approved by a majority of its membership at a public hearing. Notice of the time, date and place of the public hearing of the advisory committee to adopt final affordable housing incentive recommendations shall be advertised in a newspaper of greatest general circulation in Sumter County.

(2) The committee shall serve as the Community Development Block Grant Citizen Advisory Task Force (CATF), pursuant to F.S. § 290.046. The committee shall meet as the CATF as needed to review and monitor Community Development Block Grant projects consistent with the requirements of 73C-23.0041(5)(d), Florida Administrative Code.

(Ord. No. 2015-12, § 1(Exh. A), 7-28-15; Ord. No. 2016-07, § 3(Exh. A), 5-24-16) SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: C o n s t r u c t i o n I n d u s t r y L i c e n s i n g / F i r e C o d e B o a r d o f A p p e a l s V a c a n c y ( B o a r d ’ s O p t i o n ) .

REQUESTED ACTION: Board’s Option

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: N/A Effective Date: 11/15/2018 Termination Date: 11/15/2021 Managing Division / Dept: Building & Code / Development Services BUDGET IMPACT: FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES: T h e C o n s t r u c t i o n I n d u s t r y L i c e n s i n g / F i r e C o d e B o a r d o f A p p e a l s e v a l u a t e s a n d a p p r o v e s / d i s a p p r o v e s c o n t r a c t o r s f o r l o c a l l i c e n s i n g . T h e C o n s t r u c t i o n I n d u s t r y L i c e n s i n g / F i r e C o d e B o a r d o f A p p e a l s a c t s i n t h e c a p a c i t y o f a n i m p a r t i a l h e a r i n g b o a r d f o r c o m p l a i n t s a g a i n s t l i c e n s e d c o n t r a c t o r s a n d d i s c i p l i n e s l i c e n s e d c o n t r a c t o r s w h e n w a r r a n t e d . T h e C o n s t r u c t i o n I n d u s t r y L i c e n s i n g / F i r e C o d e B o a r d o f A p p e a l s a l s o h e a r s r e p o r t s o f u n l i c e n s e d c o n t r a c t o r a c t i v i t y a n d r e f e r s r e p o r t s t o t h e C o m m i s s i o n o r S t a t e A t t o r n e y ’ s O f f i c e w h e n w a r r a n t e d . A p p o i n t m e n t : T h e B o a r d s h a l l c o n s i s t o f f i v e ( 5 ) m e m b e r s a p p o i n t e d b y t h e B o a r d . E a c h m e m b e r s h a l l b e a l e g a l , b o n a f i d e r e s i d e n t o f S u m t e r C o u n t y , F l o r i d a , a n d m e e t a l l o t h e r a p p o i n t e e r e q u i r e m e n t s e s t a b l i s h e d b y t h e B o a r d . A l l c o n t r a c t o r s a p p o i n t e d s h a l l h o l d a n a c t i v e S u m t e r C o u n t y C o m p e t e n c y C a r d o r a F l o r i d a C e r t i f i e d L i c e n s e . S e c t o r P o s i t i o n S t a t u s T e r m

A r c h i t e c t C h r i s t o p h e r B o w e r s 1 1 / 1 5 / 2 0 1 8 - 1 1 / 1 5 / 2 0 2 1 B u s i n e s s P e r s o n E l e a z a r F l o r e s 1 1 / 1 5 / 2 0 1 8 - 1 1 / 1 5 / 2 0 2 1 E n g i n e e r D e b o r a h S n y d e r 1 1 / 1 5 / 2 0 1 8 - 1 1 / 1 5 / 2 0 2 1 F i r e P r o t e c t i o n C o n t r a c t i n g V a c a n t 1 1 / 1 5 / 2 0 1 8 - 1 1 / 1 5 / 2 0 2 1 G e n e r a l C o n t r a c t o r T h o m a s C a t t e l l 1 1 / 1 5 / 2 0 1 8 - 1 1 / 1 5 / 2 0 2 1

A t t a c h m e n t s : O r d i n a n c e

O n e v a c a n c y i s c u r r e n t l y o p e n f o r a p p l i c a t i o n s .

Prepared by: Brenda Schlak Grammarly Check ☒

Page 1 of 1 Sec. 6-22. - Construction Industry Licensing Board of Sumter County.

There is hereby established and continued the Construction Industry Licensing Board of Sumter County which shall hereinafter be referred to as the "licensing board." (a) Powers and duties. The primary responsibilities of the licensing board shall be as follows: (1) To evaluate and approve/disapprove contractors for local licensing via the issuance of competency cards, except when a contractor applies for a competency card through the reciprocity procedures set forth in section 6-29. When a contractor applies for a competency card through the reciprocity procedures of this code, the building official shall be responsible for the approval/disapproval of such applications. (2) To act in the capacity of an impartial hearing board for complaints against licensed contractors and to discipline said licensed contractors when warranted. (3) To act in the capacity of an impartial hearing board on reports of unlicensed contractor activity, and to refer said reports to the board when warranted. (b) Appointment, terms and attendance of members. (1) Appointment. The licensing board shall consist of five (5) members appointed by the board of county commissioners. Each member shall be a legal, bona fide resident of the county and meet all other appointee requirements established by the board. Membership shall be consistent with 61G4-20.001(1)(b) of the Florida Administrative Code. All contractors appointed shall hold an active competency card or a state certificate of competency. (2) Terms. The term of office for each member of the licensing board shall be three (3) years. Each member of the licensing board shall serve until his or her successor is qualified and begins serving on the licensing board. Members of the licensing board shall be eligible for re-appointment. (3) Attendance. Licensing board members serve at the pleasure of the board and may be suspended or removed for cause. If any member fails to attend two (2) of three (3) successive meetings without cause and approval of the chair, the licensing board may, by majority vote, declare that member's position vacant and notify the board, who shall promptly fill such vacancy. A member who ceases to be a resident of the county, or a contractor member who does not hold a current license, shall be automatically dismissed. (4) Officers. The licensing board shall elect from among its members a chairman and vice- chairman annually. Officers shall serve for a term of one (1) year, with eligibility for subsequent re-election. (5) Meetings. The licensing board shall meet at 6:00 p.m. on an as-needed basis at the designated location at which the board conducts its scheduled business. Applicants will be notified of the specific meeting date and location through the letter of notification sent to the applicant by the department. The department shall furnish a secretary who shall maintain written or electronically produced minutes of each meeting and provide clerical services for the licensing board. The county attorney or county attorney designee (also an attorney) shall be present at all meetings. Meetings may be rescheduled to a date certain if a quorum, is not available, or, in the alternative, if the building official finds the scheduled agenda items are not of an urgent nature, the issues for consideration shall be added to the next scheduled licensing board meeting agenda. (6) Quorum and voting. A quorum for the licensing board shall consist of a simple majority of the duly appointed members. All members of the licensing board shall vote on each motion that comes before the board, unless a legally recognized conflict of interest exists, in which case a conflict of interest form shall be filed with the licensing board secretary, thus excusing said member from voting on any such matter. (7) Rules and regulations. The licensing board may establish and adopt rules and regulations, in compliance with this article, for the conduct of its members and shall include such actions in the written minutes of the meeting.

(Ord. No. 2009-03, 3-10-09; Ord. No. 2015-11, § 3, 6-23-15; Ord. No. 2017-04, § 3A, 2-28-17; Ord. No. 2018-06, § 3, 2-27-18) SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Public Safety Coordinating Council Vacancies (Board’s Option).

REQUESTED ACTION: Board’s Option

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Administrative Services BUDGET IMPACT: FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

Chapter 951.26 Florida Statutes provides that each Board of County Commissioners (BOCC) shall establish a county Public Safety Coordinating Council. Chapter 394.657 allows each BOCC to designate the existing Public Safety Coordinating Council as the Planning Council. The chairperson of the Board of County Commissioners, or another County Commissioner as designee, shall serve as the chairperson of the council until the council elects a chairperson from the membership of the council.

S ector Member

S tate Attorne y Brad King P ubli c Defende r Mike Gr aves Chief Circuit J udge W il li am Hall man III Chief Count y J udge P aul Mi l it ell o Chief Correcti onal O ffic er Major Reece Thompson S heriff W il li am Farme r P oli ce Chief Vacant S tate P robati on Admini strator (4 - ye ar t erm) S usan Ciz madia Court Admi nist rati on Lorn a Barker BOCC Comm iss ioner Doug Gilpi n Director of Count y P robati on (4- ye ar te rm) Bradl e y Arnold Director of Local S ubsta nce Abuse P ro gram (4- year te rm) J onathan Cherr y Director of Comm unit y Mental Healt h Vacant DCF Mental He alt h Repr esentative Vacant Consumer of Mental He a l th S ervices Vacant - S elected b y Comm unit y Mental Healt h Dir ector Consumer of Comm unit y-Bas ed Tre atm ent S ervic es Vac ant - S elected b y Comm unit y Mental Healt h Dir ector

Page 1 of 2 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

Consumer of S ubstance Abuse S erv ices Vacant – S elected b y Comm unit y Mental Healt h Dir ector Fami l y M ember of Cons umer of Tr eatm ent S ervi ces Va cant – S elected b y Comm unit y Mental Healt h Dir ector

Homeless P rogram/ Hous ing Repr esentative Vacant Director of Detention F a cil it y of J uvenil e J usti ce Vacant Chief P robati on Office r of J uvenil e J usti ce Vacant J obs P rogram R ep resent a ti ve (4- yea r term) Vacant

The positi ons designated above as fou r- ye ar te rms will be a term from Nov e mber 22, 2020 – Novemb er 22, 2024.

S everal va canci es ar e cur rentl y op en for appli cati o ns.

Prepared by: Brenda Schlak Grammarly Check ☒

Page 2 of 2 SUMTER COUNTY RESOLUTION 2018- 27

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA DESIGNATING THE SUMTER COUNTY PUBLIC SAFETY COORDINATING COUNCIL AS THE SUMTER COUNTY PLANNING COUNCIL

WHEREAS, The Sumter County Public Safety Coordinating Council established by Florida Statutes 951.26 is to meet at the call of the chairman of the committee for purpose of assessing the population status of all detention or correctional facilities owned by the county and formulating recommendations to ensure that the capabilities of such facilities are not exceeded, and

WHEREAS, Such recommendations shall include an assessment of the availability of pretrial intervention or probation programs, work-release programs, substance abuse programs, gain-time schedules, applicable bail bond schedules, and the confinement status of the inmates housed within each facility owned or contracted by the county, and

WHEREAS, Each Board of County Commissioners shall designate the county public safety coordinating council or designate another criminal or juvenile justice mental health and substance abuse council or committee, as the planning council or committee as established in Florida Statutes 394.657, and

WHEREAS, the Board of County Commissioners may assign any entity to prepare the application on behalf of the county administration for submission to the Criminal Justice, Mental Health, and Substance Abuse Statewide Grant Review Committee for review.

NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sumter County Florida, as follows:

Sumter County hereby designates the Sumter County Public Safety Coordinating Council as the Sumter County Planning Council for the purpose of:

1. Making a formal recommendation to the Board of County Commissioners regarding how the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program may best be implemented within a community. 2. Assessing the population status of all detention or correctional facilities owned by the county and formulating recommendations to ensure that the capabilities of such facilities are not exceeded. 3. Recommendations shall include an assessment of the availability of pretrial intervention or probation programs, work-release programs, substance abuse programs, gain-time schedules, applicable bail bond schedules, and the confinement status of the inmates housed within each facility owned or contracted by the county.

1 DONE and RESOLVED at Bushnell, Sumter County, Florida this 10 h day of April 2018.

Effective Date. This Resolution shall take effect on April 16, 2018. BOARD OF COUNTY COMMISSIONERS SUMTER COUNTY

Attest:

_A~ ~ut; Chairman SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Sumter County Public Library Advisory Board (SCPLAB) Vacancy (Board’s Option).

REQUESTED ACTION: Board’s Option

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Library Services BUDGET IMPACT: FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

T h e S C P L A B p u r p o s e w i l l b e t o f o r m u l a t e r e c o m m e n d a t i o n s t o t h e L i b r a r y S i n g l e A d m i n i s t r a t i v e H e a d ( L S A H ) , C o u n t y A d m i n i s t r a t o r ( C A ) , a n d t h e S u m t e r C o u n t y B o a r d o f C o u n t y C o m m i s s i o n e r s ( B O C C ) f o r i m p r o v i n g t e c h n o l o g y s e r v i c e s . S C P L A B M e m b e r s h i p s h a l l b e c o m p r i s e d o f f i v e a t - l a r g e v o t i n g m e m b e r s w i t h t w o - y e a r t e r m s c o m m e n c i n g O c t o b e r 1 , 2 0 1 9 , a n d o n e e x - o f f i c i o m e m b e r . T h e B y l a w s s p e c i f y t h a t S C P L A B m e e t i n g s w i l l t a k e p l a c e o n t h e f i r s t T h u r s d a y o f M a y a n d N o v e m b e r .

S e c t o r N a m e T e r m A t - L a r g e M e m b e r V a c a n t 1 0 / 1 / 2 0 1 9 - 9 / 3 0 / 2 0 2 1 A t - L a r g e M e m b e r L y n n H a r p o o l 1 0 / 1 / 2 0 1 9 - 9 / 3 0 / 2 0 2 1 A t - L a r g e M e m b e r R o s e a n n S a m s o n 1 0 / 1 / 2 0 1 9 - 9 / 3 0 / 2 0 2 1 A t - L a r g e M e m b e r E l i z a b e t h L i l l i e 1 0 / 1 / 2 0 1 9 - 9 / 3 0 / 2 0 2 1 A t - L a r g e M e m b e r B e v e r l y R o v e l l i 1 0 / 1 / 2 0 1 9 - 9 / 3 0 / 2 0 2 1

O n e v a c a n c y i s c u r r e n t l y o p e n f o r a p p l i c a t i o n s .

Prepared by: Brenda Schlak Grammarly Check ☒

Page 1 of 1 SUMTER COUNTY RESOLUTION 2013- 3 9

A RESOLUTION OF SUMTER COUNTY, FLORIDA, RE-ESTABLISHING A COUNTYWIDE LIBRARY SYSTEM ADVISORY BOARD, PROVIDING TERMS, AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is the intent ofBoard of County Commissioners to provide open public library services for all the citizens of Sumter County consistent with the Interlocal Service Boundary Agreements with the Cities ofBu shnell, Center Hill, Webster, and Wildwood and;

WHEREAS, Section 125.01 (f), Florida Statutes, gives the Board of County Commissioners of Sumter County the authority to provide libraries as a matter of great public interest, and;

WHEREAS, it is desirable to have a countywide library system advisory board in order to provide recommendations of improving technology services for the countywide library system to support the goal of maintaining modem/up-to-date services.

NOW, THEREFORE, BE IT RESOLVED by the Board ofCounty Commissioners ofSumter County, Florida, as follows:

1. The currently appointed members of the formerly established Sumter County Public Library Advisory Board (SCPLAB) are hereby removed without prejudice. 2. There is hereby established the SCPLAB meeting the purpose of improving technology services for the countywide library system to support the goal of maintaining modern/up­ to-date services 3. The membership shall be composed of five (5) at-large voting members and one (1) ex­ officio member that is the Sumter County Library Single Administrative Head. 4. The at-large voting members shall be appointed by the Sumter County Board of Commissioners for a term of two years commencing October I, 2013.

PASSED, ADOPTED AND APPROVED THIS 271h day of August 2013.

Effective Date. This resolution supersedes February 14, 2012 Resolution and shall take effect on August 27,2013.

ATTEST: BOARD OF COUNTY COMMlSIONERS OF SUMTER COUNTY, FLORIDA

Connie Webb SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Budget Amendment A-6 (FY 20/21) (Staff Recommends Approval)

REQUESTED ACTION: Approve Budget Amendment A-6

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Office of Management & Budget BUDGET IMPACT: Fund 001 and Fund 106 – Adjustments to the current fiscal year for the FY 20/21 FUNDING SOURCE: Varies (see attachment) Type: N/A EXPENDITURE ACCOUNT: Varies (see attachment)

HISTORY/FACTS/ISSUES: Note: This Budget Amendment (A-6) amends as follows: General Fund (001) – Amends budget for a PTO sellback not budgeted in FY21. Amends to pay the back billing from the City of Bushnell for administrative error for not billing electrical service and not adding sewer service to the jail. Amends for DAB Construction change order for revisions to agreement as well as retainage. Amends to account for the expenditure (repair) from the insurance proceeds for property damage 8/12. Secondary Trust Fund (106) – Amends for the Corridor plan and future improvements along US301 and CR209 from CR462 to Marion County.

Prepared by: Angela Rex Grammarly Check ☒

Page 1 of 1

BOARD OF SUMTER COUNTY COMMISSIONERS BUDGET AMENDMENT FISCAL YEAR: 2020-2021 AMENDMENT #: A-6 AGENDA DATE 12/22/2020

ACCOUNT ACCOUNT Adopted Budget REVENUE EXPENDITURE AMENDED BUDGET FUND NAME TYPE ACCOUNT TITLE NUMBER 12/17/2020 INCREASE DECREASE INCREASE DECREASE 12/23/2020

General Fund Expenditure PTO SELLBACK 001-019-512-1800 $ - $ 19,489 $ 19,489 General Fund Expenditure UTILITIES 001-100-523-4300 $ 518,977 $ 112,116 $ 631,093 General Fund Expenditure UTILITIES 001-100-603-4300 $ 7,291 $ 10,025 $ 17,316 General Fund Expenditure SE 25th ST ROADWAY EXTENSION 001-131-538-6304 $ - $ 75,363 $ 75,363 General Fund Expenditure REPAIR & MAINT SERVICE 001-416-562-4600 $ - $ 2,107 $ 2,107 General Fund Expenditure RSRV CONTINGENCIES 001-991-999-9300 $ 5,533,684 $ 219,100 $ 5,314,584

Secondary Trust Fund Expenditure IMPROV US 301 & CR209 FR CR462 TO MARION CO LINE 106-340-541-6360 $ - $ 14,420 $ 14,420 Secondary Trust Fund Expenditure RSRV FOR ROAD PROJECTS 106-991-999-9331 $ 17,315,525 $ 14,420 $ 17,301,105

Totals$ - $ - $ 233,520 $ 233,520 Total Budget Change$ - Note: See the associated executive summary for the explanation of the changes. SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Purchase Order Approval for FY 2020/2021 (Staff Recommends Approval). REQUESTED ACTION: Staff Recommends Approval.

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Purchasing BUDGET IMPACT: . FUNDING SOURCE:

Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

The attached list of open purchase requisitions is recommended for approval. In accordance with the County's Purchasing Policies and Procedures, purchase requests $25,000 and over must be approved by the Sumter County Board of County Commissioners.

The attached Open Requisitions Report is recommended for approval.

Prepared by: Becky Segrest Grammarly Check ☒

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SUMTER BOARD OF COMMISSIONERS 12/16/20 12:34 Page 1 of 1 rq310_pg.php/Job No: 54768 Open Requisitions Report USER: BSEGREST

Only Possesion Groups :BOCC Minimum Amount: 9,999,999.00- Approval Requisition Requisition Approval Fiscal Creation Last Requisition Group No Interface Status Year EMG Initiator Date Action By Possession Total EM 00020704 PO Waiting 2021 No JBAILEY 12/03/20 BARNOLD BOARD APPROV 70,611.90 Line Qty Unit Price Ext Price Vendor / G/L Account 1 1.00 70,611.90 70,611.90 G/L: 001-130-525-6450 V: 7730-MOTOROLA SOLUTIONS, INC Description: APX 1000 Radios And Accesories

SW 00020708 PO Waiting 2021 No JVALDEZ 12/04/20 BARNOLD BOARD APPROV 115,000.00 Line Qty Unit Price Ext Price Vendor / G/L Account 1 1.00 115,000.00 115,000.00 G/L: 001-340-541-3400 V: 9086-TIP TOP TREE EXPERTS LLC Description: Sumter County Emergency and Routine Tree Services

DESIGN 00020732 PO Waiting 2021 No JVALDEZ 12/11/20 BARNOLD BOARD APPROV 42,215.00 Line Qty Unit Price Ext Price Vendor / G/L Account 1 1.00 27,000.00 27,000.00 G/L: 001-340-541-3100 V: 4353-KIMLEY-HORN AND ASSOC, INC Description: Task 1 - Sign Evaluation & Location Plans - Wayfinding Signs Phase III 2 1.00 10,555.00 10,555.00 G/L: 001-340-541-3100 V: 4353-KIMLEY-HORN AND ASSOC, INC Description: Task 2 - Permitting & Coordination - Wayfinding Signs Phase III 3 1.00 1,000.00 1,000.00 G/L: 001-340-541-3100 V: 4353-KIMLEY-HORN AND ASSOC, INC Description: Task 2A - Preparation of Sketch & Legal Description for Easement for SR 44 Sign - Wayfinding Signs Phase III 4 1.00 2,660.00 2,660.00 G/L: 001-340-541-3100 V: 4353-KIMLEY-HORN AND ASSOC, INC Description: Task 3 - Bid Assistance - Wayfinding Signs Phase III 5 1.00 1,000.00 1,000.00 G/L: 001-340-541-3100 V: 4353-KIMLEY-HORN AND ASSOC, INC Description: Permitting Fee Expense Allowance - Wayfinding Signs Phase III

CONST 00020739 PO Waiting 2021 No JVALDEZ 12/15/20 BARNOLD BOARD APPROV 75,362.32 Line Qty Unit Price Ext Price Vendor / G/L Account 1 1.00 24,444.44 24,444.44 G/L: 001-131-538-6304 V: 529-DAB CONSTRUCTORS, INC Description: ITB 010-0-2020/RS - Payment Application #4 Retainage 2 1.00 50,917.88 50,917.88 G/L: 001-131-538-6304 V: 529-DAB CONSTRUCTORS, INC Description: ITB 010-0-2020/RS - Jumper Creek - Footer Rework

FSREV 00020747 PO Waiting 2021 No JVALDEZ 12/16/20 BARNOLD BOARD APPROV 36,500.00 Line Qty Unit Price Ext Price Vendor / G/L Account 1 1.00 36,500.00 36,500.00 G/L: 310-340-541-6544 V: 501-CSX TRANSPORTATION Description: CR 525 E Phase II Improvements - Engineer Agreement

** Totals ** Count: 5 339,689.22

Approved By: ______Date: ______SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Road Impact Fee Credit Agreement between K and C Water Management, LLC and Sumter County, Florida (Staff Recommends Approval).

REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: K and C Water Management, LLC Effective Date: 12/22/2020 Termination Date: 12/22/2024 Managing Division / Dept: Engineering BUDGET IMPACT: N/A FUNDING SOURCE: N/A Type: N/A EXPENDITURE ACCOUNT: N/A

HISTORY/FACTS/ISSUES: Sumter County has reached an agreement with K and C Water Management, LLC, on transportation improvements to CR 216 west of US 301. K and C Water Management, LLC, agrees to dedicate up to 20 additional feet of right of way and design, construct, inspect, permit, at its own cost, the following transportation improvements:

1 . Construction and modification of CR 216 to accommodate a minimum of three ten-foot lanes; includes an eastbound left-turn lane, an eastbound through/right lane, and one westbound through lane. 2 . Resurface CR 216 along the frontage of the property. 3 . Install stormwater conveyance ditches, where needed, along both sides of CR 216, west of the i n t e r s e c t i o n o f C R 2 1 6 a t U S 3 0 1 , a l o n g t h e f r o n t a g e o f t h e p r o p e r t y . 4 . I n s t a l l n e c e s s a r y h a r d w a r e f o r t h e l e f t - t u r n p h a s e t o t h e f u t u r e s i g n a l i z e d i n t e r s e c t i o n o f C R 2 1 6 a n d U S 3 0 1 .

Upon construction of the improvements identified above, receipt of the inspection documentation required in accordance with this Agreement, and acceptance of the Improvements by Sumter County, the County agrees that K and C Water Management, LLC shall be entitled to reimbursement of the Impact Fees paid based upon the actual cost of surveying, permitting, engineering, design, and construction of the CR 216 improvements, however, in no event shall Developer be entitled to any reimbursement of Impact Fees in excess of the amount of Impact Fees paid by Developer for the Project.

Attachments: Transportation Mitigation Agreement Exhibit A Prepared by: Steven Cohoon Grammarly Check ☒

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ROAD IMPACT FEE CREDIT AGREEMENT FOR MODIFICATION OF INTERSECTION OF COUNTY ROAD CR-216 AND US 301 THIS AGREEMENT (“Agreement”), made and entered into this ____ day of ______, 2020, by and between K AND C WATER MANAGEMENT, LLC, a Florida limited liability company, doing business at 1969 CR 222, Wildwood, Florida 34785 (hereinafter called “Developer” ) and SUMTER COUNTY, a political subdivision of the State of Florida, whose address is 7375 Powell Rd., Wildwood, FL 34785 (hereinafter called “County”, or “the Board of County Commissioners of Sumter County, Florida”, or “the Board”). RECITALS WHEREAS, the County wishes to make, and Developer is willing to provide, improvements to a portion of CR-216 as further described herein; and, WHEREAS, the Florida Department of Transportation has designed a signalized intersection at CR-216 and US 301 (“SIGNALIZATION IMPROVEMENTS”); and, WHEREAS, the County has a demonstrated need to make improvements to CR 216 to include a left-turn lane from CR 216 to US 301;and, WHEERAS, the Developer shall substantially re-design the CR 216 and US 301 intersection to include a left-turn lane on CR, which is necessary to improve the capacity, level of service, and safety of the intersection; and, WHEREAS the Developer shall develop and construct the CR 216 improvements to the portion of CR-216 as further described herein Exhibit A and will be entitled to and receive Impact Fee Credits for the cost of constructing the CR 216 improvements: and,

WHEREAS, the County finds that the Project is consistent with the Sumter County Unified Comprehensive Plan, acknowledges that the County has exclusive control of the road right-of-way of the Project, acknowledges that the portion of the Project qualifying for impact fee credit is an integral part of and a necessary accommodation of contemplated CR 216 improvements to the Designated County Roads and excludes Access Improvements, and the proposed construction schedule is consistent with the County’s transportation work schedule; and WHEREAS, the parties desire to enter into an agreement to set forth their duties and obligations for the acquisition and conveyance of the Additional CR 216 Right-of-Way and construction of the CR 216 improvements, and the Impact Fee Credits to which the Developer will be entitled. NOW, THEREFORE, AND IN CONSIDERATION of the premises and other good and valuable consideration, receipt and sufficiency of which is acknowledged by both parties and the mutual terms, covenants, and conditions to be complied with on the part of the parties hereto, the parties do hereby agree as follows: 1. Incorporation of Recitals. The foregoing recitals and Whereas clauses are true and correct and are hereby incorporated by the Parties into this Agreement as if fully set forth herein, in haec verba.

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2. The Project. Developer desires to construct a building on a portion of Parcel ID D19A009 (the “Project”). Based on the conceptual plan for the Project, the County has determined that there is a need to make certain road improvements at the intersection of CR 216 and US 301. The CR 216 improvements include the construction and modification of CR 216 to accommodate a minimum of three ten-foot lanes; which includes an eastbound left-turn lane, an eastbound through/right lane, and one westbound through lane, resurface CR 216 along the frontage of the property, install stormwater conveyance ditches, where needed, along both sides of CR 216, west of the intersection of CR 216 at US 301, and install necessary hardware for the left-turn phase to the future signalized intersection of CR 216 and US 301 (collectively the “CR 216 IMPROVEMENTS”), per the conceptual plans attached hereto as Exhibit "A".

3. Developer Responsibilities.

a. Roadway Design. The proposed CR 216 IMPROVEMENTS concept plan has been approved by County and Developer as shown in Exhibit A. The actual design for the CR 216 IMPROVEMENTS shall be reviewed and approved by the County. The design of the CR 216 IMPROVEMENTS shall meet or exceed the applicable engineering design standard as contained in the Sumter County Engineering Standards, or FDOT Road Design Standards. Both documents shall be considered as if set forth herein in haec verba and are to be considered a material provision of this Agreement.

b. Construction of CR 216 IMPROVEMENTS.

i. The CR 216 IMPROVEMENTS shall be constructed in accordance with all requirements as stated in 3(a) above, including periodic inspections and submission of all reports by Developer and final inspection by County prior to acceptance.

ii. Developer shall commence construction of the CR 216 IMPROVEMENTS either in conjunction with the commencement of the construction of the SIGNALIZATION IMPROVEMENTS to be made by County or following acceptance by the County and FDOT of the completed SIGNALIZATION IMPROVEMENTS made by County at the intersection of CR 216 and US 301. County shall be responsible for the costs of the construction of the SIGNALIZATION IMPROVEMENTS and shall complete the SIGNALIZATION IMPROVEMENTS by December 31, 2021 and Developer shall complete construction of the CR 216 IMPROVEMENTS within one year (365 days) of the completion of and acceptance by the

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FDOT of the SIGNALIZATION IMPROVEMENTS completed by County at the intersection of US 301 and CR 216.

iii. In the event that Developer fails to timely complete the CR 216 IMPROVEMENTS to CR 216, County will pursue the completion of the CR 216 IMPROVEMENTS and make a claim on the Performance and Payment Bond.

c. FDOT Permits. Developer shall obtain any required permits from the Florida Department of Transportation for any of Developer’s CR 216 IMPROVEMENTS obligations.

d. Performance and Payment Bond. Developer shall obtain and maintain a performance and payment bond for which the County is the intended beneficiary to secure the timely completion of the CR 216 IMPROVEMENTS as provided in Section 3 (b) ii above.

e. Conveyance of Right-of-Way; Property Owned by the Developer. Prior to commencement of the construction of the CR 216 IMPROVEMENTS, the Developer shall convey the minimum amount of right-of-way required to accommodate the CR 216 IMPROVEMENTS up to a maximum of twenty (20) additional feet of right-of-way along the northeast ¼ of the southeast ¼ of section 19, township 18 south, range 23 east, Sumter County, Florida, and also within a portion of Wildwood Terrace, according to the plat thereof as recorded in Plat Book 1, page 85, Public Records of Sumter County, Florida, to Sumter County (“Additional CR 216 Right-of-Way”). The County shall confirm to Developer the specific amount of Additional CR 216 Right-of-Way required for the design of the CR 216 IMPROVEMENTS as proved in Section 3(a) above.

f. Conveyance of a Right-of-Way Quit Claim Deed for CR 216. Concurrent with Section 3(a), the Developer shall also execute a quit claim deed to County for the Additional CR 216 Right-of-Way.

4. County Commitments.

a. Review & Inspection. County shall review for approval all design plans for the CR 216 IMPROVEMENTS. County will provide a timely review, inspections, and inspection comments toward necessary work to achieve the County's approval of Developers roadway improvement work. Developers will provide a timely response to County's inspection comments and review.

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b. Certificate of Acceptance. County shall issue a Certificate of Acceptance (“Certificate”) for the CR 216 IMPROVEMENTS, and such issuance will not be unreasonably delayed or withheld by Sumter County..

c. Maintenance and Operation. Upon issuance of the Certificate by County of the completed CR 216 IMPROVEMENTS, County will own, maintain and operate all CR 216 IMPROVEMENTS under County jurisdiction.

d. Reimbursement of Impact Fees. Pursuant to the terms of this Agreement, the County shall reimburse Developer for Developer’s CR 216 IMPROVEMENTS in an amount not to exceed to the total amount of impact fees paid by Developer for the Project..

5. Impact Fee Reimbursement/Credits

a. Construction of the CR 216 Improvements. County agrees that Developer shall be entitled to reimbursement of the Impact Fees paid based upon the actual cost of surveying, permitting, engineering, design, and construction of the CR 216 IMPROVEMENTS, however, in no event shall Developer be entitled to any reimbursement of Impact Fees in excess of the amount of Impact Fees paid by Developer for the Project.

b. Records and Impact Fee Credits. All Road Impact Fees paid by or on behalf of Developer from and after the date of this Agreement shall be reimbursed by the County from Impact Fee Credits paid by Developer pursuant to this Agreement. Developer may apply for Impact Fee Credits based upon the percentage of the work completed by delivering to County a certification by the Project Engineer indicating the percentage of work completed through the date of certification, which Impact Fee Credits shall be available to Developer upon inspection, approval, and acceptance by County. Developer will pay Road Impact Fees pursuant to such ordinance until the County’s first approval of a portion of the credit entitlement under this Agreement. During construction, such Impact Fee Credits shall accrue to Developer in an amount equal to 90% of the cost of each portion of the CR 216 IMPROVEMENTS completed. Upon completion of each phase, 100% of the cost associated with such phase shall be available for Impact Fee Credits to Developer upon inspection, approval, and acceptance by County. Notwithstanding the fact that the Developer has established an Impact Fee Credit balance, Developer shall continue to make payment for Road Impact Fees on or before the issuance of building permits. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of the CR 216 IMPROVEMENTS to be contributed. This information will be available to

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County, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five (5) years from the termination of this Agreement.

c. Reimbursement of Impact Fee Credits. County shall pay to Developer any Impact Fee Credits available to Developer within thirty (30) days of inspection, approval, and acceptance by County as provide in Section 4(b).

d. Assignment of the Impact Fee Credits by the Developer. The Impact Fee Credits shall not be transferable nor assignable by the Developer.

e. Financial Accounting. All financial records of the Developer pertaining to this Agreement shall be maintained according to Generally Accepted Accounting Principles. A separate account will be established in the accounting record to account for the CR 216 IMPROVEMENT costs. The financial records shall enable a ready identification of all CR 216 IMPROVEMENT costs. County shall have the right to audit or verify the amount and accuracy of CR 216 IMPROVEMENT costs and CR 216 IMPROVEMENT documentation throughout the term of this Agreement and for five years subsequent.

f. Annual Review and Audit. County shall conduct an annual review and audit of performance under this Agreement to determine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the Impact Fee Credits applied toward payment of Road Impact Fees and the balance of available and unused Impact Fee Credits. If the Board finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be unilaterally revoked or modified by the County in its sole and absolute discretion.

6. Term. This Agreement shall continue in full force and effect until the latter to occur of (i) completion of the CR 216 IMPROVEMENTS, or (ii) the impact fee credit is fully utilized provided however, in any event, this Agreement shall terminate four (4) years from the date of this Agreement. The term of this Agreement may be extended by mutual agreement of the parties.

7. Notices. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below or communicated through electronic mail (E-Mail) with a Read Receipt. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice: COUNTY: DEVELOPER: Mr. Bradley Arnold Dan Graham

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Sumter County K and C Water Management, Administrator LLC 7375 Powell Road 3222 CR222 Wildwood, Florida 34785 Wildwood, FL 34785

Copy to: Copy to:

Jennifer C. Rey, Esq. Karen Jenkins Young, Esq. The Hogan Law Firm, LLC 304 Dunbarton Drive Post Office Box 485 St. Simons Island, GA Brooksville, Florida 34605 31522

Such addresses may be changed by notice pursuant to this paragraph but notice of change of addresses is effective only upon receipt. 8. Independent Contractor; Federal and State Tax. Developer is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of County; and no provisions of County’s personnel policies shall apply to this Agreement. None of the benefits provided by County to its employees including, but not limited to, Worker’s Compensation Insurance and Unemployment Insurance, are available from County to Developer, or its employees, agents or servants. Developer assumes responsibility for payment of all federal, state and local taxes imposed or required of Developer including but not limited to FICA, FUTA, unemployment insurance, Social Security and income tax laws for which Developer as employer is responsible. Developer shall be solely responsible for any worker’s compensation insurance required by law and shall provide the County with proof of insurance upon demand. The parties agree that County shall not: (a) pay dues, licenses or membership fees for Developer; (b) require attendance by Developer, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Developer from working for any other party.

9. Indemnification, Insurance, Sovereign Immunity.

a. Through the date of the acceptance by the County of the CR 216 IMPROVEMENTS as evidenced by the CERTIFICATE, Developer shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Developer shall indemnify and save harmless the County, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney’s fees, that may be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Developer, its agents, or employees during performance under this Agreement. Developer shall provide County

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with a certificate of coverage identifying County as both a Named Insured and a Certificate Holder. The foregoing is not intended, and shall not be construed, as a waiver by County of the benefits of Section 768.28, Florida Statutes. Upon issuance of the CERTIFCATE by the County, Developer’s obligation to indemnify and hold the County harmless, and its obligation to provide insurance, under this Agreement ceases.

b. County shall be solely and entirely responsible for its own tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. County shall indemnify and save harmless the Developer, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney’s fees, that may be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of the County, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by County of the benefits of Section 768.28, Florida Statutes.

10. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or (j) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate.

11. Public Records and Ownership of Documents.

a. All documents generated by Developer for County become the property of County. County may require submission of any electronic file version of reports, data, or other submission of documentation produced for or as a result of performance under this Agreement. Developer agrees to comply with public records and open meeting requirements as applicable, and as may be required by Florida Public Records Law and Florida Sunshine Law.

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b. Developer is required to: (i) keep and maintain public records required by County; (ii) upon request from County’s custodian of public records, provide County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that 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 this Agreement and following completion of this Agreement if Developer does not transfer the records to County; (iv) upon completion of this Agreement, transfer, at no cost, to County all public records in possession of Developer or keep and maintain public records required by County.

c. If Developer transfers all public records to County upon completion of this Agreement, Developer shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Developer keeps and maintains public records upon completion of this Agreement, Developer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County, upon request from County’s custodian of public records, in a format that is compatible with the information technology systems of County.

d. IF DEVELOPER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DEVELOPERS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: ______(Name, Title, Phone, Address)

12. Entire Agreement; Modification. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understanding and agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein.

13. Assignment and Subcontracting. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary.

14. Default. Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of

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intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity.

15. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good-faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally-assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Party may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below.

16. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other.

17. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives.

18. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party.

19. Time is of the Essence. Time shall be of the essence of this Agreement.

20. Survivability. Any provision of this Agreement which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration

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of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive.

21. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement.

22. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

23. Law of the Agreement. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement.

24. Jurisdiction and Venue. The Parties to this Agreement agree that venue shall lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to the removal of any such dispute to any federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not subject to the jurisdiction of the state courts located in Sumter County, Florida and the laws of the State of Florida.

25. Attorney’s Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys’ fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non-prevailing party.

26. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder.

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27. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms.

28. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender.

IN WITNESS WHEREOF, the parties have duly executed this Agreement on the day and year above first written. BOARD OF COUNTY COMMISSIONERS ATTEST: SUMTER COUNTY, FLORIDA

______Gloria Hayward, Clerk of the Court By:______Garry Breeden, Chairman Approved as to Form And Legal Sufficiency

______Sumter County Attorney

K and C Water Management, LLC

______Dan Graham, Manager

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Project: Sumter County CR 301 @ CR 216 Description: 4 Section Signal Head Install Quote Date: 10/30/2020 Estimator: Al LaShier

ITEM DESCRIPTION QTY U/M UNIT PRICE AMOUNT

4 Section Signal Head

Install 4 Section Signal Head F&I 1 LS $ 2,150.00 $ 2,150.00

TOTAL BID: $ 2,150.00

Project Comments 1. Bond is not included. 2. This estimate is based on currently contracted rates. 3. Pricing includes appropriate cabinet modification and use of existing signal cable

Signature:

10/30/2020 T.E.A.M. / Control Specialists Page 1 of 1 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Enter into Agreement with Top Line Recreation, Inc. for Playground Equipment, Surfacing, Shade Structure and Installation (Staff Recommends Approval). REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: Top Line Recreation, Inc. Effective Date:7/1/2020 Termination Date: 6/30/2021 Managing Division / Dept: Facilities & Parks BUDGET IMPACT: $24,947.87 FUNDING SOURCE: General Fund Type: Annual EXPENDITURE ACCOUNT: 001-100-575-6400

HISTORY/FACTS/ISSUES: A need for a sun-shade structure at the Sumter County Fairgrounds has been identified and budgeted in FY 2020/2021. The sun-shade will be installed on the north side of the steer barn. The intention is to have the structure completed by the 2021 Sumter County Fair which is scheduled from March 5 to March 13, 2021.

In an effort to complete the project in the desired timeframe, it is recommended to piggyback on the St. Johns County School District Bid #2018-04. The agreement has been renewed by St. Johns County School District through June 30, 2021 and there is one renewal remaining on the agreement.

Attached for BOCC review and approval is the piggyback agreement and the supporting documents from St. Johns County School District.

Prepared by: Becky Segrest Grammarly Check ☒

Page 1 of 1 AGREEMENT FOR PLAYGROUND EQUIPMENT, SURFACING, SHADE STRUCTURE AND INSTALLATION

THIS AGREEMENT (hereinafter referred to as “Agreement”) is made and entered into this 22nd day of December, 2020, by and between Board of Sumter County Commissioners (hereinafter referred to as “Board" or “County”), whose address is 7375 Powell Road, Wildwood, Florida 34785, and Top Line Recreation, Inc. (hereafter referred to as "Vendor"), whose address is 2922 Howland Blvd., Suite 3, Deltona, Florida 32725.

RECITALS

WHEREAS, the Board has need of professional services through St. Johns County School District Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation; and

WHEREAS, the parties desire to enter into a written agreement outlining the duties, responsibilities and compensation of Vendor, based on the Vendor’s response to St. Johns County School District Bid #2018-04.

NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The relationship of the Vendor to the Board will be that of a professional Vendor and the Vendor will provide the professional and technical services required under this Agreement in accordance with acceptable professional practices and ethical standards applicable to Vendor’ s profession, and Vendor will endeavor to provide to the Board with equipment and installation of the equipment to the best of its ability.

2. Vendor is hereby retained and employed as a Sumter County Contactor, and will work with the Board to provide services in accordance with the scope of work outlined in St. Johns County School District Bid #2018-04.

3. The term of this Agreement shall commence on December 22, 2020 and continue in full force through June 30, 2021. There is one (1) additional one (1) year renewal remaining on this agreement if renewed by St. Johns County School District, unless otherwise terminated by Sumter County as provided in paragraph four (4) of this Agreement. The term of this Agreement does not relieve the Vendor of any future responsibility as described in paragraph six (6) of this Agreement.

4. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party at the address designated in this Agreement for receiving such notice. If this Agreement is terminated, Vendor shall be authorized to receive payment for all work performed up to the date of termination.

5. With regard to compensation paid to Vendor, Vendor shall furnish to the Board an itemized invoice within thirty (30) days of completed work detailing all of Vendors hours, services, expenses and any other services utilized by the Board. The invoice shall be itemized pursuant to and in accordance with the Fee Schedule, attached hereto as Exhibit B, and incorporated herein in haec verba. Vendor shall submit all invoices pursuant to the Local Government Prompt Payment Act, F.S. 218. Vendor 2

acknowledges and agrees that the rates set forth in project pricing provided to the County and the pricing shall remain fixed throughout the duration of the project. Pricing shall only be adjusted by mutual written agreement of both parties.

6. General Considerations.

a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board’s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that 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 this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board’s custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, (which concern or relate to the services required hereunder the “Records”), for a minimum of three (3) years from the date of expiration or termination of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period-of-time. The right to audit, inspect, and copy Records shall include all of the records of sub-Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS’ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-689-4400, Sumter County Board of County Commissioners, 7375 Powell Road, Sumter County Board of County Commissioners Page 2 of 8

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Wildwood, Florida 34785 or via email at [email protected]. h. Vendor shall, at all times, carry General Liability, Automobile and Worker’s Compensation Insurance pursuant to the insurance requirements, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor’s written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement.

7. The Vendor may be required to provide additional services to the Board on challenges, public protests, administrative hearings or similar matters. The Vendor shall be available to represent the Board, serve as an expert witness, and provide supporting documentation as necessary. Should any other professional services be called for by the Board that are not otherwise set forth in this Agreement or any of its attachments or exhibits, charges for these services shall be agreed upon in advance by the parties hereto.

8. The Contract Documents, which comprise the entire Contract between Board and Vendor and which are further incorporated herein by reference, consist of the following:

a. Bid #2018-04 b. Vendor’s Bid in Response to Bid #2018-04 c. This Agreement d. Permits / Licenses e. All Bid Addenda Issued Prior to Opening Date f. All Modifications and Change Orders Issued

9. Vendor shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Vendor shall indemnify and save harmless the Board, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney’ s fees that may hereafter at any time be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Vendor, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by Board of the benefits of Section 768.28, Florida Statutes.

10. Vendor is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of Board; and no provisions of Board’ s personnel policies shall apply to this Agreement. None of the benefits provided by Board to its employees including, but not limited to, worker’ s compensation insurance and unemployment insurance, are available from Board to Vendor, or its employees, agents or servants. Vendor assumes responsibility for payment of all federal, state and local taxes imposed or required of Vendor including but not limited to FICA, FUTA, unemployment insurance, Social Security and income

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tax laws for which Vendor, as employer is responsible. Vendor shall be solely responsible for any worker’s compensation insurance required by law and shall provide the Board with proof of insurance upon demand. The parties agree that Board shall not: (a) pay dues, licenses or membership fees for Vendor; (b) require attendance by Vendor, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Vendor from working for any other party.

11. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or (j) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate.

12. Attorney’s Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys’ fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non- prevailing party. In the event of default by either party hereto, the defaulting party shall be liable for all costs and expenses, including reasonable attorney’ s fees and costs incurred by the other party in enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level.

13. Law of the Agreement; Jurisdiction and Venue. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement. The Parties to this Agreement agree that venue and jurisdiction is mandated to lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. If, even though precluded by agreement of the Parties hereto, litigation arising from or based upon this contract should be mandated by a court of competent jurisdiction issued pursuant to a duly noticed hearing giving Sumter County adequate time to respond and all of the benefits of due process to lie in the proper venue or jurisdiction of a federal court, that federal court shall only be in the Middle District of Florida, Ocala Division. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to removal of any such dispute to any

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federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not subject to the jurisdiction of the state courts located in Sumter County, Florida and that the laws of the state of Florida.

14. Entire Agreement. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein.

15. Assignment. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary.

16. Compliance with Licenses, Permits, and Applicable Laws. In performing services hereunder, Vendor shall comply with all federal, state and local laws and regulations. Vendor shall be responsible for identifying and obtaining all permits necessary to complete the scope of services. Vendor shall be responsible for obtaining, at its sole cost and expense, all necessary license licenses and other governmental approvals required in order for Vendor to provide the type of services required hereunder.

17. E-Verify: system established by the U.S. Department of Homeland Security to determine the immigration and work-eligibility status of prospective employees.

18. The Vendor agrees to certify to the Board that Vendor is in compliance with the federal E-Verify program, including obtaining written certification from all sub-Vendors who will participate in the performance of scope of services contemplated in this Agreement. All sub-Vendor certifications must be kept on file by the Vendor and made available to the state and/or the Board upon request. The Board reserves the right to take action against any Vendor deemed to be non-compliant; potential actions may include, but are not limited to, cancellation of this Agreement and/or suspending or debarring the Vendor from performing services for the County.

19. Conflict of Interest. Vendor shall notify Board in writing of any commitments during the term of this Agreement, which may constitute a potential or actual conflict of interest with respect to the scope of services to be performed for the Board.

20. Corporate Status; Change of Ownership. If Vendor is a non-governmental, corporate entity:

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a. Corporate Status. Vendor shall ensure that the corporate status shall continuously be in good standing and active and current with the state of its incorporation and the State of Florida and at all times throughout the Term, and any renewal or extension hereof. Failure of the Vendor to keep its corporate status active and current shall constitute a material breach under the terms of this Agreement.

b. Change of Ownership. Vendor shall notify County immediately upon any change in corporate ownership or any substitution of the key professional assigned (the “Key Person”) to perform under this Agreement (“Change of Ownership”). County shall have the option of cancelling this Agreement if a Change of Ownership is not suitable to it, provided however, no cancellation shall relieve the Vendor of its obligations to perform the work described herein or for liability for breach of same. A Change of Ownership means the occurrence of any one or more of the following: a sale, lease, or other disposition of 50% or more of the interest or assets of the company or corporation; a merger, reverse merger or consolidation with another entity; a transaction wherein a third-party becomes the beneficial owner having fifty (50%) percent or more interest in the corporation or company; or fifty (50%) percent or more of the total number of votes that may be cast for any act of the entity.

21. Default. Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity.

22. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good-faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally-assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Party may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below.

23. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other.

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24. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives.

25. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party.

26. Time is of the Essence. Time shall be of the essence of this Agreement.

27. Survivability. Any provision of this Agreement, which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive.

28. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement.

29. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

30. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder.

31. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms.

32. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender.

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33. Incorporation of Recitals. Each of the WHEREAS clauses listed above are hereby re- alleged and incorporated into this Agreement as if otherwise fully stated herein.

34. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice.

FOR THE BOARD FOR THE VENDOR

Name: Bradley S. Arnold ______Name:______

Address: 7375 Powell Road, Wildwood, FL 34785 __ Address:______

Title: County Administrator______Title:______

Date: ______Date:______

IN WITNESS WHEREOF, the parties have signed this agreement the day and year first above written.

ATTEST: SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS

By: ______

By: Chairman

Date Signed: ______

ATTEST: TOP LINE RECREATION, INC.

By: ______

By: ______

Date Signed: ______

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ST. JOHNS COUNTY SCHOOL DISTRICT Sebastian Administrative Annex Purchasing Department 3015 Lewis Speedway, Building 5 St. Augustine, Flmida 32084 Telephone (904) 547-8941 FAX (904) 547-8945 Patrick Snodg rass, CPSM Director ofPurchasing

May 12, 2020

Top Line Recreation, Inc. 2922 Howland Blvd., Ste. 3 Deltona, FL 32725

Re : Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

Dear Vendor,

The School Board of St. Johns County, Florida, meeting in official session on May 12, 2020, voted to renew the above solicitation to the following companies:

Advance Recreational Concepts Bliss Products and Services, Inc. Creative Shade Solutions, Inc. Custom Canopies , Inc. Legacy Construction Services Group, Inc ., dba Pro Playground PlayCore Wisconsin dba GameTime Playmore West, Inc. Project Innovations, Inc. Rep Services, Inc. Southem Recreation , Inc. Top Line Recreation, Inc .

Effective Date ofRenewal: May 12, 2020 Renewal Period : July 1, 2020 through June 30, 2021

This letter is ONLY notification of renewal of this solicitation. Purchase Orders will be placed as needed.

Please feel free to contact the Purchasing Depattment at 904-547-8941 if you have any questions .

Sincerely, /fau/1~cf3t0'-~"- Laura Bowden Purchasing Department ST. JOHNS COUNTY SCHOOL DISTRICT Sebastian Administrative Annex Purchasing Department 3015 Lewis Speedway, Building 5 St. Augustine, Florida 32084 Telephone (904) 547-8941 FAX (904) 547-8945 Patrick Snodgrass, CPSM Director ofPurchasing

February 26, 2020

Top Line Recreation, Inc. 2922 Howland Blvd, Ste 3 Deltona, FL 32725

Dear Vendor:

Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation will expire June 30, 2020. The bid states there is an option for renewal ofthree (3) additional one (1) year periods if agreed upon by both parties. Please initial your choice, sign and date at the bottom . Return the original letter (please do not fax) to this office no later than March 12, 2020.

___X Please renew Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation for the period July I, 2020 through June 30, 2021 with the same pricing, terms and conditions as originally awarded.

---We do not wish to renew the above bid beyond the current expiration date.

X 3/20/20 Signature Date

Renewal must be signed by an officer or employee having the authority to legally bind the vendor.

Sincerely,

Patrick Snodgrass Director for Purchasing !20is=o-48~~~cTA.1Ji)~:;-;;-~l--lo7jo1I 18 - o6I 3oI 19 lAdvan~-~-Re~!~~~-~gnal_~g-~_e.p_!~__lQ2JJ__z_z5-Q__§Q_Q___~

@_U:;~fig_~~ -C::~-~!1_0._~~E~!~e.-~L.~IJ~:_____J (?_9_91_?_4?-2547 --·

~~·[ai=~;~''=_=::~~:~j~ =l !Pro Playground !(800) 573-7529

l9_a_~~J'i~1i=:-.=:=~~-----~=~-~==t@~Ql _43-2=a:t~-- 'Pl<.!_ymoreWest Inc. i(239) 791-2400 Proiect Innovations, Inc. !(855) 650-6818

. !:..~1-~e.:;_,In~ - ··-·····------·-_!(4_9_ZL~l!_::~_§_?.§___ I !Southern Recreation, Inc. i(90~) 387-4 ~ :-. ·~·····················1- ...... J ...... ______L_.. ______i!:

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Agenda Item Details Meeting May 08, 2018 - REGULAR SCHOOL BOARD MEETING

Category Q. Finance - Consent

Subject 23. Request for Approval of Bid #2018-04, Playground Equipment, Surfacing, Shade Structure and Installation

Access Public

Type Action (Consent)

Recommended Action Approval of Bid #2018-04, Playground Equipment, Surfacing, Shade Structure and Installation

Goals GF-4 Maximize Resources

Public Content Background Information: Bids were requested for a fixed percentage discount for the purchase of playground packages, surfacing products, shade structures and installation on as needed basis. This bid provides a variety of manufacturer's for schools and departments to choose from.

Educational Impact: This bid helps provide an appropriate environment which is essential to the educational process.

Strategic Plan Impact: Supports the District's Mission Statement by providing appropriate products for instructional leaders to choose from, to help students master all academic standards.

Fiscal Impact: Funding for purchases under this bid is included in the budget of schools and departments.

Recommendation: Approval of Bid #2018-04, Playground Equipment, Surfacing, Shade Structure and Installation, to Advance Recreational Concepts, Bliss Products and Services, Inc., Creative Shade Solutions, Inc., Custom Canopies, Inc., Legacy Construction Services Group Inc dba Pro Playground, PlayCore Wisconsin DBA GameTime, Playmore West, Inc., Project Innovations, Inc., Rep Services, Inc., Southern Recreation, Inc., and Top Line Recreation, Inc., for the

period of July 1, 2018 through June 301 2019.

Action Required: Approval of the Superintendent's recommendation.

Drafted, reviewed and submitted by: Patrick Snodgrass, CPSM, Director of Purchasing

https ://www .boarddocs.com/fl/stj ohns/Board.nsf/Private ?open&login 5/9/2018 ·. .~ . ..•.

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Michael Degutis, Chief Financial Officer

Sincerely, Tim Forson Superintendent of Schools

Bid 2018-04 Playground Equipment, Surfacing, Shade Structures and Installation May 2018.pdf (195 KB)

Administrative Content

Our adopted rules of Parliamentary Procedure, Robert's Rules, provide for a consent agenda listing several items for approval of the Board by a single motion. Most of the items listed under the consent agenda have gone through Board subcommittee review and recommendation. Documentation concerning these items has been provided to all Board members and the public in advance to assure an extensive and thorough review. Items may be removed from the consent agenda at the request of any board member.

Workflow Workflow Apr 17,2018 8:43AM :: Submitted by Wendy Wilson. Routed to Wendy Wilson for approval. Apr 17, 2018 8:44AM :: Approved by Wendy Wilson. Routed to Patrick Snodgrass for approval. Apr 17, 2018 1:01 PM :: Approved by Patrick Snodgrass. Routed to Gina Fallica for approval. Apr 20, 2018 7:43AM :: Approved by Gina Fallica. Routed to Mike Degutis for approval. Apr 25, 2018 5:43 PM :: Approved by Mike Degutis. Routed to Vicki Davenport for approval. Apr 26, 2018 5:53AM:: Approved by Vicki Davenport. Routed to Cathy Mittelstadt for approval. Apr 26, 2018 8:42AM :: Approved by Cathy Mittelstadt. Routed to Vicki Moody for approval. May 1, 2018 9:40AM :: Approved by Vicki Moody. Routed to Tim Forson for approval. May 1, 2018 1:34PM :: Final approval by Tim Forson

Last Modified by Tim Forson on May 1, 2018

https://www.boarddocs.com/fl/stjohns/Board.nsf/Private?open&login 5/9/2018 Bid #20 18-04 Playground Equipment, Surfacing, Shade Structures and Installation Released; January 26,2018 Opened; February 27,2018@ 2;00 PM Tabulation Sheet Playground Equipment Manufacturer Playground Equipment Installer and Bidders lnfonnation and Percentage Discount of List Prke Percentage Installation Cost Surfacing Materials

Freenotes Hannony Park 3%

ld Sculpture 3% Advanced Recreational Concepts Playspace Services 35% Yes Playcmft 3%

R3 3%

Action Play Systems 5o/o

Big Toys 5%

Child works 5%

Dura Play 5% Sandee Sod, Inc. Dynamo 5~~ & Bliss Products and Services, Inc. ScaffBuilders, LLC. 42% Yes Elephant Play 5%

Free notcs Harmony Park 5%

Park Structures 10%

Sportsplay 10%

Ultra Play 10%

Legacy Construction Services Group Legacy Construction Services Superior Recreational Products 5% 35% Yes Inc DBA Pro Playground Group Inc DBA Pro Playground

GameTime$14,999 and below 5% John Fitzgerald, Inc . 30% Yes

PlayCore Wisconsin DBA GameTime GnmeTime $15,000 and above IS% John Fitzgerald, Inc. 30% Yes

UltraSite 6% John Fitzgerald, Inc. 30% Yes

Playmore West, Inc. Playworld 5% Playmorc West, Inc. 30% Yes

Jam bette 3% Joey Perks 35% Yes

Project Innovations, Inc. Playtopio 5% Joey Perks 35% Yes

Playground EquipmenLcom 10% Joey Perks 35% Yes

AI Bosgraaf & Sons Rep Services, Inc . Landscape Structure.~ 2% SO% Yes Johnny Pitts Construction

SRP Playgrounds 10% Sou them Recreation, Inc. Soutl1cm Recreation, Inc. 30% Yes Ultra Plny 5%

Al Bosgraaf & Sons 35% Top Line Recreation, Inc. BCI Burke Company 7% Yes Hurley Construction, Inc. 35%

Bid #2018-04 Playground Equipment, Surfacing, Shade Structures and Installation May 2018 Page 1 of 2 Bid #20 18-04 Playground Equipment, Surfacing, Shade Structures and Instnllntion . ~ .. . Released: January 26, 2018 Opened· February 27 2018 @) 2·00 PM Tabulation Sheet ' " Shade Structure Manufacturer and Shade Structure Installer and Percentage Bidders lnfom1ation Percentage Discount of List Price Installation Cost

SRP Shade 5% Advanced Recreational Concepts Playspace Services 35% Ultra Shade 5%

Outback Shelters 10% Charles Scaff, LLC Bliss Products and Services, Inc. & 50% Ultra Shade/Shelters 10% Sandee Sod, Inc .

Creative Shade Solutions , Inc. & Creative Shade Solutions, Inc . Creative Shade Solutions, Inc. 5% 75% Lecaris Enterprises (As Supervisor)

Custom Canopies, fnc. Custom Canopies, fnc. 5°/o Custom Canopies, Inc. 100%

Legacy Construction Services Group Legacy Construction Services Superior Recreational Products 5'% 35% Inc DBA Pro Playground Group Inc DBA Pro Playgrou nd

PlayCore Wisconsin DBA GameTime GT Shade 4% John Fitzgemld, Inc . 95%

Pluymore West, Inc. USA Shade 10% Playmore West, Inc. 75%

Project Innovations, Inc . Creative Shade Solutions, Inc. 3% Joey Perks 60%

AI Bosgmaf & Sons Rep Services, Inc. Skyways Shade 2% 75% Johnny Pitts Construction

Southern Recreation, Inc . SRP Shade 10% Southern Recreation, fnc . 65%

AI Bosgraaf & Sons Top Line Recreation, Inc . Shade Systems Inc . 5% 120% Hurley Construction, [nc.

Percentage Markup over Cost for Bidders Information Hourly Rate for Repair Work Materials

Advanced Recreational Concepts $160.00 35%

Bliss Products and Services, Inc . $65.00 25%

Creath•e Shude Solutions, Inc . $ 125.00 15%

Custom Canopies, Inc. $80.00 15% Legacy Construction Services Group Inc DBA Pro Playground $300.00 25%

PlayCore Wisconsin DBA GameTime $300.00 0%

Playmorc West, Inc. $100.00 15%

Project Innovations, Inc. $300.00 30%

Rep Services, Inc . No Bid No Bid

Southern Recreation, Inc. $75.00 35%

Top Line Recreation, Inc. $200.00 25% Eleven (II) responses received. Recommend award to Advanced Recreational Concepts, Bliss Products and Services, Inc., Creative Shade Solutions, fnc ., Custom Canopies, Inc., Legacy Construction Services Group fnc dba Pro Playground, PlayCore Wisconsin DBA GnmeTime, Playmore West. Inc., Project Innovations, Inc., Rep Services, Inc., Southern Recreation, Inc., Top Line Recreation, Inc. Bid #2018-04 Playground Equipment, Surfacing, Shade Structures and Installation May 2018 Page 2 of 2. St. Johns County School District Sebastian Administrative Annex INVITATION TO BID Purchasing Department 3015 Lewis Speedway, Unit 5 (ITB) St . Augustine, FL 32084 REQUIRED RESPONSE FORM

INVITATION TO BID TITLE: Playground BID NO .: 2018-04 Equipment, Surfacing, Shade Structure RELEASE DATE : January 26, 2018 and Installation CONTACT: Patrick Snodgrass F.O .B. Destination : District Wide Director of Purchasing (904) 547-8941 BID DUE DATE AND TIME: February 27, 2018@ 1:30pm [email protected] 12.fl.us BID OPENING DATE AND TIME : February 27, 2018@ 2:00pm

SUBMIT BID TO: Sebastian Administrative Annex BID OPENING LOCATION: Sebastian Administrative Annex Purchasing Department Purchasing Department 3015 Lewis Speedway, Unit 5 3015 Lewis Speedway, Unit 5 St. Au ustine , FL 32084 St. Au ustine, FL 32084 REQUIRED SUBMITTALS CHECKLIST- Each submittal checked below is required for Bid to be considered. __ Literature __ Specifications __ Catalogs __ Product Samples : See Special Conditions ....x_ Debarment Form __ Manufacturer's Certificate of Warranty ....x_ Drug-Free Workplace Certification List of References ....x_ Certificate of Insurance : See Special Conditions ....x_ Additional submittals specific to this ITB may also be required- See Special Conditions for details BIDDER MUST FILL IN THE INFORMATION LISTED BELOW AND SIGN WHERE INDICATED FOR BID TO BE CONSIDERED.

Company Name:

Address: ______

FEIN : ______City, State : Zip : ------­

Signature of Owner or Authorized Officer/Agent______Telephone:______

Typed Name of Above: ______FAX :______

Em ail :______

By my signature, I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm , business entity or person submitting an offer for the same materials, supplies, equipment, or services (s), and is in all respects fair and without collusion or fraud . I further agree to abide by all conditions of this invitation and certify that I am authorized by the offeror to sign this response. In submitting an offer to the School Board of St. Johns County, I, as the Bidder, offer and agree that if the offer is accepted , the offeror will convey, sell , assign, or transfer to the School Board of St. Johns County all right, title, and interest in and to all causes of action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Florida for price fixing relating to the particular commodity(s) or service(s} purchased or acquired by the School Board. At the School Board's discretion, such assignment shall be made and become effective at the time the School Board of St. Johns County tenders final payment to the vendor.

Page 1 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION Bidder: To ensure acceptance of the bid follow these instructions:

1. DEFINITIONS: For purpose of these General Conditions "ITB" refers to the Invitation to Bid. "Bid" refers to the completed ITB Required Response Form above, together with all supporting documentations and submittals. "Bidder" or "Contractor" or "Respondent" refers to the entity or person that submits the Bid . "District" refers to the St. Johns County School District, and "School Board" to the St. Johns County School Board. "Purchasing Department Representative" refers to the Purchasing Department staff member named as its contact on the first page of the ITB . "Conditions" refers to both the General Conditions and the Special Conditions of this ITB. 2. EXECUTION OF BID: The ITB Required Response Form must be completed, signed, and returned in a sealed envelope to the Purchasing Department, together with the Bid and all required submittals . All Bids must be completed in ink or typewritten. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure or use an opaque correction fluid . All corrections should be initialed by the person signing the Bid even when using opaque correction fluid . Any illegible entries will not be considered for award. The ITB General Conditions, Special Conditions and specifications cannot be changed or altered in any way by the Bid or otherwise by the Bidder. In the event of any conflict between the Conditions and specifications of the ITB and the terms and conditions of the Bid, the Conditions and specifications of the ITB take precedence . Any failure to comply with the ITB Conditions or specifications or attempt to alter them by the Bidder shall be grounds for rejection of the Bid . 3. SUBMISSION OF BID: The completed Bid must be submitted in a sealed envelope with the ITB title and bid number on the outside. Bids must be time stamped by the Purchasing Department prior to the ITB due time on date due . No Bid will be considered if not time stamped by the Purchasing Department prior to the stated submission deadline . Bids submitted by telegraphic or facsimile transmission will not be accepted unless authorized by the Special Conditions of this ITB. 4. SPECIAL CONDITIONS: The Purchasing Department has the authority to issue Special Conditions as required for a particular ITB. Any Special Conditions that vary from these General Conditions shall take precedence over the General Conditions. 5. PRICES QUOTED: Deduct trade discounts and quote a firm net price. Give both unit price and aggregate total. Prices must be stated in units to quantity specified in the ITB . In case of discrepancy in computing the amount of the Bid, the Unit Price quoted will govern. All prices quoted shall be F.O.B. destination , freight prepaid . Bidder is responsible for freight charges. Bidder owns goods in transit and files any claims, unless otherwise stated in Special Conditions . Each item must be proposed separately and no attempt is to be made to tie any item or items in with any other item or items. If a Bidder offers a discount or offers terms less than Net 30, it is understood that a minimum of thirty (30) days will be required for payment. If a payment discount is offered, the discount time will be computed from the date of satisfactory delivery at place of acceptance and receipt of correct invoice at the office specified . a) Taxes: The School Board does not pay Federal excise and State taxes on direct purchase of tangible personal property. The applicable tax exemption number is shown on the purchase order. This exemption does not apply to purchases of tangible personal property made by contractors who use the tangible personal property in the performance of contracts for the improvement of School Board-owned real property as defined in Chapter 192 of the Florida Statutes. b) Mistakes: Bidders are expected to examine the General and Special Conditions , specifications, delivery schedules, Bid prices and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at Bidder's risk. c) Conditions and Packaging : It is understood and agreed that any item offered or shipped as a result of this ITB shall be new (current production model at the time of this ITB) unless otherwise stated. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging . d) Underwriters' Laboratories: Unless otherwise stipulated in the ITB, all manufactured items and fabricated assemblies shall be U.L. listed where such has been established by U.L. for the item(s) offered and furnished. In lieu of the U.L. listing, Bidder may substitute a listing by an independent testing laboratory recognized by OSHA under the Nationally Recognized Testing Laboratories (NRTL) Recognition Program . e) Preference for St. Johns County Bidders: For all purchases made by the School Board, prices and quality being equal, preference may be given to St. Johns County Bidders, subject to certification as a drug-free workplace (Florida Statutes 287.087 and 287 .084) . 6. BRAND NAMES: The District reserves the right to invite Bids for a particular product or specific equipment by manufacturer, make, model or other identifying information . However, a Bidder may propose a substitute product of equal quality and functionality unless the Conditions or specifications state that substitute products or equipment may not be proposed and will not be considered . If a substitute product is proposed, it is the Bidder's responsibility to submit

Page 2 with the Bid brochures, samples and/or detailed specifications on the substitute product. The District shall be the sole judge in the exercise of its discretion for determining whether the substitute product is equal and acceptable. 7. QUALITY: The items proposed must be new and equal to or exceed specifications . The manufacturer's standard warranty shall apply. During the warranty period, the successful Bidder must repair and/or replace the unit without cost to the District with the understanding that all replacements shall carry the same warranty as the original equipment. The successful Bidder shall make any such repairs and/or replacements immediately upon receiving notice from the District. 8. SAMPLES: Samples of items, when required, must be furnished free of expense by the ITB due date unless otherwise stated. If not destroyed , upon request, samples will be returned at the Bidder's expense. Bidders will be responsible for the removal of all samples furnished within thirty (30) days after ITB opening. All samples will be disposed of after thirty (30) days . Each individual sample must be labeled with Bidder's name, ITB number, and item number. Failure of Bidder to either deliver required samples or to clearly identify samples as indicated may be reason for rejection of the ITB. Unless otherwise indicated , samples should be delivered to the office of the Purchasing Department of the St. Johns County School Board, Sebastian Administrative Annex , 3015 Lewis Speedway Unit 5, St. Augustine, FL 32084 . 9. TESTING: Items proposed may be tested for compliance with ITB Conditions and specifications. 10. NON-CONFORMITY: Items delivered that do not conform to ITB Conditions or specifications may be rejected and returned at Bidder's expense. Goods or services not delivered as per delivery date in ITB and/or purchase order may be purchased on the open market. The Bidder shall be responsible for any additional cost. Any violation of these stipulations may also result in Bidder being disqualified from participating in future competitive solicitations or otherwise doing business with the District. 11. DELIVERY: Unless actual date of delivery is specified (or if specified delivery cannot be met), the Bid must show the number of days required to make delivery after receipt of purchase order in space provided . Delivery time may become a basis for recommending an award (see Special Conditions) . 12. REQUESTS FOR CLARIFICATION: No correction or clarification of any ambiguity, inconsistency or error in the ITB Conditions and specifications will be made to any Bidder orally. Any request for such interpretation or correction should be by email addressed to the Purchasing Department Representative prior to the deadline specified in the Special Conditions for submitting questions . All such interpretations and supplemental instructions will be in the form of written addenda to the ITB. Only the interpretation or correction so given by the Purchasing Department Representative, by email or in writing, shall be binding and prospective Bidders are advised that no other source is authorized to give information concerning, or to explain or interpret the ITB Conditions and specifications . 13. DISPUTE: Any dispute concerning the Conditions or specifications of this ITB or the contract resulting from this ITB shall be decided by Purchasing Department and that decision shall be final. 14. AWARDS: Bids shall be reviewed in accordance with the ITB Conditions and specifications and the best interest of the School District. To that end, the Board reserves the right to reject any and all Bids ; to waive any irregularities or informalities; to accept any item or group of items; to request additional information or clarification from any Bid; to acquire additional quantities at prices quoted in the Bid unless additional quantities are not acceptable, in which case the Bid must be conspicuously labelled "BID IS FOR SPECIFIED QUANTITY ONLY", and to purchase the product or service at the price and terms of any contract with a governmental entity procured by competitive solicitation, in accordance with Florida law. The decision to award a contract or take other action in regard to the ITB shall be made in the best interest of the School District. 15. OTHER GOVERNMENTAL AGENCIES: It is the intent of this solicitation to obtain Bids to sell the services or products to the School Board . Other school boards and governmental agencies/entities may purchase goods or services based on the contract awarded as a result of this IT B. The services and products are to be furnished in accordance with the terms of the resulting contract. 16. MARKING: A packing list must be included in each shipment and shall show the School Board purchase order number, ITB number, school name or department name, contents and shipper's name and address; mark packing list and invoice covering final shipment "Order Completed". If no packing list accompanies the shipment, the buyer's count will be accepted. Mark each package clearly with (A) shipper's name and address, (B) contents, (C) the School Board of St. Johns County purchase order number, and (D) ITB number. 17. INSPECTION, ACCEPTANCE & TITLE: Inspection and acceptance will be at destination shown on purchase order unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Bidder until acceptance by the District. If the materials or services supplied to the District are found to be defective or do not conform to specifications, the Board reserves the right to cancel the order upon written notice to the Bidder and return product at Bidder's expense. 18. BILLING AND PAYMENT: Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to St. Johns County School District, Accounts Payable Department, 40 Orange Street, St. Augustine, FL 32084. Payment will be made as prescribed in the Special Conditions and properly invoiced .

Page 3 19. COPYRIGHT AND PATENT RIGHTS: The Bidder, without exception, shall indemnify and hold harmless the School Board and its employees from liability of any nature or kind, including legal fees and other costs and expenses , for or on account of any copyrighted, patented, or unpatented invention , process , or article manufactured or used in the performance of the contract , including its use by the School Board . If the Bidder uses any design , device, or materials covered by letters, patent, or copyright, it is mutually understood and agreed without exception that the Bid prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work . 20 . OSHA: The Bidder warrants that the product supplied to the School Board shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will constitute a breach of contract. 21. LEGAL REQUIREMENTS : The Bidder shall comply with Federal , State, County, and local laws , ordinances , rules , and regulations that in any manner affect the items covered herein . Lack of knowledge by the Bidder will in no way be a cause for relief from responsibility . 22. CONFLICT OF INTEREST: The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose with their Bid the name of any officer, director, or agent who is also an employee of the School Board . Further, all Bidders must disclose the name of any Board employee who owns directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the Bidder's firm . 23. ANTI-DISCRIMINATION: The Bidder certifies that Bidder is in compliance with the requirements of law regarding equal employment opportunity for all persons without regard to age , race, color, religion, sex, national origin, or disability. 24. LICENSES AND PERMITS: The Bidder shall be responsible for obtaining , at its expense , all licenses and permits required for performance of the work or services resulting from the ITB award. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE: Bid bonds, when required, shall be submitted with the Bid in the amount specified in Special Conditions . Bid bonds will be returned to unsuccessful Bidders . After acceptance of Bid, the Board will notify the successful Bidder to submit a performance bond and certificate of insurance in the amount specified in Special Conditions . St. Johns County School District shall be named as additional insured on policies required by detailed specifications. Upon receipt of the performance bond, the Bid bond will be returned to the successful Bidder. 26. DEFAULT AND REMEDIES: The following remedies for default shall apply. a) Failure to Timely Deliver. The parties acknowledge and agree that the damages for the failure of the successful Bidder to timely deliver the products or services contracted for may be difficult to determine. Moreover, both parties wish to avoid lengthy delay and expensive litigation relating to the failure of the successful Bidder to deliver on time . Therefore, in the event the successful Bidder fails to timely deliver the products or services contracted for, the School Board may exercise the remedy of liquidated damages against the successful Bidder in an amount equal to 25% of the unit price Bid, times the quantity. The successful Bidder shall pay that sum to the School Board not as a penalty, but as liquidated damages intended to compensate for unknown and unascertainable damages. b) Other Default. In the event of default for any reason other than the failure of the successful Bidder to timely deliver the products or services contracted for, the School Board may exercise any and all remedies in contract or tort available to it, including, but not limited to, the recovery of actual and consequential damages . 27. TERMINATION: In the event any of the provisions of this ITB are violated by the Bidder, the Purchasing Department reserves the right to reject its Bid . Furthermore, the School Board reserves the right to terminate any contract resulting from this ITB for financial or administrative convenience, as determined in its sole business judgment, upon giving thirty (30) days prior written notice to the other party. 28. FACILITIES: The Board reserves the right to inspect the Bidder's facilities at any time with prior notice. 29. ASBESTOS STATEMENT: All material supplied to the School Board must be 100% asbestos free . Bidder by virtue of proposing, certifies by signing Bid , that if awarded any portion of this Bid, will supply only material or equipment that is 100% asbestos free . 30. INDEMNITY AND HOLD HARMLESS AGREEMENT: During the term of this Bid and any contract awarded to Bidder as a result of this ITB, the Bidder shall indemnify, hold harmless, and defend the School Board, its agents, and employees from any and all costs and expenses, including but not limited to, attorney's fees, reasonable investigative and recovery costs , court costs and all other sums which the Board, its agents, servants and employees, may pay or become obligated to pay on account of any, all and every claim or demand, or assertion of liability, or any claim or actions founded, thereon, arising or alleged to have arisen out of the products, goods or services furnished by the Bidder, its agents, or employees, or any of its equipment, including , without limitation , claims for damages, injury to person or property, including the Board's property, or death . 31. CRIMINAL BACKGROUND SCREENING: Pursuant to Florida Statute 1012.467and School Board Rule 7.142, the District will issue and recognize statewide background badges to non-instructional contractor employees who meet the clearance requirements of Florida Statute 1 012.467(2)(g) when it is not anticipated that they will come into direct contact with students. However, pursuant to Florida Statute 1012.467 and School Board Rule 7.142, if the District is unable to Page 4 rule out that Bidder's employees or subcontractors may come into contact with students, then, in the paramount interest of student safety, the employees will be required to undergo and pass background screening in accordance with School Board Rule 7 .142, unless another statutory exemption applies . For this ITB: A. 0 Student contact not anticipated B. ~ Student contact anticipated If Box A is checked , statewide badge will be recognized or issued, if requested and the contractor meets clearance requirements. If Box B is checked, background screening pursuant to School Board Rule 7.142(4) will be required. The Bidder acknowledges and agrees to comply with the requirements of School Board Rule 7.142. Bidder shall be responsible for the expense of the background screening of its employees. 32. VENUE: Any suit , action, or other legal proceedings arising out of or relating to any contract awarded based upon this ITB shall be brought in a court of competent jurisdiction in St. Johns County , Florida. The parties waive any right to require that a suit, action , or proceeding arising out of this Agreement be brought in any other jurisdiciton or venue. 33. WAIVER OF JURY TRIAL: The parties knowingly, voluntarily, and intentionally waive their right to trial by jury with respect to any litigation arising out of, under, or in connection with this ITB or any contract awarded upon this ITB. This provision is a material inducement for the School Board to enter into a contract with the successful Bidder. 34. LOBBYING: Lobbying is not permitted with any District personnel or School Board members in connection with any ITB or competitive solicitation . All oral or written inquires must be directed through the Purchasing Department. Lobbying is defined as any action taken by an individual, firm , association , joint venture, partnership , syndicate, corporation, and all other groups who seek to influence the governmental decision of a board member or district personnel on the award of this contract. Any Bidder or any individuals that lobby on behalf of Bidder will result in rejection/disqualification of said Bid . 35. ASSIGNMENTS: The successful bidder may not sell, assign or transfer any of its rights, duties or obligations under Bid contract without the prior written consent of the School Board . 36. PROTEST: Failure to give notice or file a protest within the time prescribed in Section 120.57 (3), Florida Statutes, shall constitute a waiver of any protest. 37. COMPLIANCE WITH FEDERAL REGULATIONS: All contracts involving Federal funds will contain certain provisions required by applicable sections of Title 34, Section 80 .36(1) and 85 .510, Code of Federal Regulations and are included by reference herein . a) Debarment: The Bidder certifies by signing the Bid and required response form that the Bidder and its principals are not presently debarred , suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in Federally funded transactions and may, in certain instances, be required to provide a separate written certification to this effect. During the term of any contract with the School Board, in the event of debarment, suspension, proposed debarment, declared ineligible or voluntarily excluded from participation in Federally funded transactions , the Bidder shall immediately notify the Purchasing Department and the Superintendent, in writing. b) Records: Vendors will also be required to provide access to records, which are directly pertinent to the contract and retain all required records for three (3) years after the School Board's final payment is made. c) Termination: For all contracts involving Federal funds , in excess of $10,000 , the School Board reserves the right to terminate the contract for cause as well as convenience by issuing a certified notice to the vendor. 38. PUBLIC ENTITY CRIME: Pursuant to Florida Statute 287.133, 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 on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of Florida Statute, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 39. COLLECTION, USE OR RELEASE OF SOCIAL SECURITY NUMBERS: The St. Johns County School District is authorized to collect, use or release social security numbers (SSN) of vendors, contractors and their employees and for the following purposes, which are noted as either required or authorized by law to be collected. The collection of social security numbers is either specifically authorized by law or imperative for the performance of the District's duties and responsibilities as prescribed by law (Sections 119.07(5)(a)2 and 3, Florida Statutes) :

Page 5 . .

a) Criminal history and criminal background checks/Identifiers for processing fingerprints by Department of . : ,~ Law Enforcement/, if SSN is available [Required by F~a . Admin . Code 11 C-6.003 and Fla. Stat. § 119.07(5)(a)6] · ~ _; b) Vendors/Consultants that District reasonably believes would receive a 1099 form if a tax identification number is not provided including for IRS form W-9 (Required by 26 C.F.R. § 31 .3406-0, 26 C.F.R. § 301 .6109- · 1, and Fla. Stat. § 119.07(5)(a)2 and 6] 40. PURCHASING AGREEMENTS AND STATE TERM CONTRACTS: The Purchasing agreements and state term contracts available under s. 287.056 have been reviewed. 41. PUBLIC RECORDS AND CONFIDENTIALITY: Subject to the limited confidentiality afforded pending competitive solicitation by Florida Statute 119.071, the ITB and all Bids are public records subject to disclosure pursuant to the Florida Public Records Law. Requests for tabulations and other records pertinent to the competitive solicitation shall be processed in accordance with the Florida Public Records Law. By submitting a Bid, Bidders will be deemed to have waived any claim of confidentiality based on trade secrets, proprietary rights, or otherwise.

Florida Statute 119.0701 requires the Contractor to comply with Florida's public records laws with respect to services performed on behalf of the School District. Specifically, the Statute requires that the Contractor: a) Keep and maintain public records required by the School District to perform the service.

b) Upon request from the School District's custodian of public records, provide the School District 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 provided in Chapter 119 of the Florida Statues or as otherwise provided by law.

c) Ensure that 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 Contractor does not transfer the records to the School District.

d) Upon completion of the contract, transfer, at no cost, to the School District all public records in possession of the Contractor or keep and maintain public records required by the School District to perform the service. If the Contractor transfers all public records to the School District upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the School District, upon request from the School District's custodian of public records, in a format that is compatible with the information technology systems of the School District.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 904-547-7637; [email protected] ; OR ST. JOHNS COUNTY SCHOOL BOARD, ATTN: COMMUNITY RELATIONS, 40 ORANGE STREET, ST. AUGUSTINE, FL 32084

Page 6 . . . . .·. .. · Certification Regarding Debarment, Suspen_s.jon, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions This certification is required by the Department of Education regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85. 110.

1. By signing and submitting this proposal , the prospective lower 6. The prospective lower tier participant further agrees by tier participant is providing the certification set out below. submitting this proposal that it will include the clause titled "Certification Regarding Debarment , Suspension, Ineligibility , 2. The certification in this clause is a material representation of and Voluntary Exclusion - Lower Tier Covered Transactions ," fact upon which reliance was placed when this transaction was without modification , in all lower tier covered transactions and entered into. If it is later determined that the prospective lower in all solicitations for lower tier covered transactions. tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, 7. A participant in a covered transaction may rely upon a the department or agency with which this transaction originated certification of a prospective participant in a lower tier covered may pursue available remedies, including suspension and/or transaction that it is not debarred , suspended , ineligible, or debarment. voluntarily excluded from the covered transaction , unless it knows that the certification is erroneous . A participant may 3. The prospective lower tier participant shall provide immediate decide the method and frequency by which it determines the written notice to the person to whom this proposal is submitted if eligibility of its principals . Each participant may, but is not at any time the prospective lower tier participant learns that its required to, check the Nonprocurement List. certification was erroneous when submitted or has become erroneous by reason of changed circumstances . 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render 4. The terms "covered transaction," "debarred ," "suspended, " in good faith the certification required by this clause . The "ineligible," "lower tier covered transa ction, " "participant, " knowledge and information of a participant is not required to "person, " "primary covered transaction ," "principal ," "proposal ," exceed that which is normally possessed by a prudent person and "voluntarily excluded, " as used in this clause, have the in the ordinary course of business dealings. meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the 9. Except for transactions authorized under paragraph 5 of person to which this proposal is submitted for assistance in these instructions, if a participant in a covered transaction obtaining a copy of those regulations. knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily 5. The prospective lower tier participant agrees by submitting this excluded from participation in this transaction, in addition to proposal that, should the proposed covered transaction be other remedies available to the Federal Government, the entered into, it shall not knowingly enter into any lower tier department or agency with which this transaction originated covered transaction with a person who is debarred , suspended , may pursue available remedies, including suspension and/or declared ineligible, or voluntarily excluded from participation in debarment. this covered transaction, unless authorized by the department or agency with which this transaction originated .

Instructions for Certification:

1. The prospective lower tier participant certifies , by submission of this proposal that neither it nor its principals are :

(a) presently debarred, suspended , proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; (b) have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in performing a public (federal, state or local) transaction or contract under a public transaction; or for 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; (c) are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal , state or local) with commission of the offenses enumerated in this certification; or (d) have not within a three-year period preceding this application had one or more public transaction (federal, state or local) terminated for cause or default.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Name of Applicant PR/Award Number and/or Project -Name

Printed Name Title of Authorized Representative

Signature Date

Page 7 ··--- -· DRUG FREE WORKPLACE CERTIFICATION FORM .. -. - - ---­,.

In accordance with 287 .087, Florida Statutes, preference shall be given to businesses with drug-free workplace programs . Whenever two or more bids, which are equal with respect to price, quality, and service , are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process . Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program . In order to have a drug-free program , a business shall :

1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition .

2) Inform employees about the dangers of drug abuse in the workplace , the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.

3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1 ).

4) In the statement specified in subsection (1 ), notify the employees that, as a condition of working on the commodities or contractual services that are under bid , the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction .

5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.

6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.

(Vendor's Signature)

Page 8 BIDDER'S STATEMENT OF PRINCIPAL PLACE OF BUSINESS

.{Must be completed & submitted with each competitive solicitation}

Bid number and description:------­ Identify the state in which the Vendor has its principal place of business: ______

Instructions: Jf_your principal place of business above is located within the State of Florida, the Vendor must sign below and submit this form with your bid response, no further action is required.

However, if your principal place of business is outside of the State of Florida, the following must be completed by an attorney and returned with your bid response. FAILURE TO COMPLY SHALL BE CONSIDERED TO BE NON-RESPONSIVE TO THE TERMS OF THE SOLICITATION.

OPINION OF OUT -OF-STATE BIDDER'S ATTORNEY ON BIDDING PREFERENCES

(To be completed by the Attorney for an Out-of-State Vendor)

NOTICE: Section 287 .084{2) , Florida Statute, provides that "a vendor whose principal place of business is outside this state must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state (or political subdivision thereof) to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts ." See also : Section 287.084(1), Florida Statutes.

LEGAL OPINION ABOUT STATE BIDDING PREFERENCES

(Please Select One)

__The Vendor's principal place of business is in the State of and it is my legal opinion that the laws of that state do not grant a preference in the letting of any or all public contracts_to business entities whose principal places of business are in that state.

__The Vendor' s principal place of business is in the State of and it is my legal opinion that the laws of that state grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that state : (Please describe applicable preference(s) and identify applicable preference(s) and identify applicable state law(s)):

LEGAL OPINION ABOUT POLITICAL SUBDIVISION BIDDING PREFERENCES

(Please Select One)

__The Vendor's principal place of business is in the political subdivision of and it is my legal opinion that the laws of that political subdivision do not grant a preference in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision.

__The Vendor's principal place of business is in the political subdivision of and the laws of that political subdivision grant the following preference(s) in the letting of any or all public contracts to business entities whose principal places of business are in that political subdivision: (Please describe applicable preference(s) and identify applicable authority granting the preference(s)) :

Signature of out-of-state Vendor's attorney: ------­

Attorney' s printed name:------­

Address of out-of-state Vendor' s attorney: ------­

Phone number/e-mail of out-of-state Vendor's attorney: ------­

Attorney's states of bar admission : ------­

Vendor's Signature:------­

Vendor's Printed Name:------­

Page 9 Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

ST. JOHNS COUNTY SCHOOL DISTRICT

INVITATION TO BID

SPECIAL CONDITIONS

1.0 INTRODUCTION

1. 1 The St. Johns County School District (hereinafter referred to as the District) is seeking firm fixed percentage(%) discounts from bidders to Furnish and Install Playground Equipment, Surfacing, and Shaded Structures. Products purchased under this bid will be on an as needed basis. The District makes no guarantee of a specific amount to be purchased under this bid.

Site furnishings such as bleachers, grills, picnic tables, basketball goals and other sports equipment, and outdoor furniture are specifically excluded from this bid.

2.0 INSTRUCTIONS FOR BID SUBMITTAL

2.1 All bids must be received no later than, February 27, 2018@ 1:30PM and must be delivered to:

St. Johns County School District Sebastian Administrative Annex Purchasing Department 3015 Lewis Speedway, Unit 5 St. Augustine, FL 32084

If a bid is transmitted by US mail or other delivery medium, the bidder will be responsible for its timely delivery to the address indicated

2.2 Any bid received after the stated date and time, WILL NOT be considered .

2.3 One manually signed original bid and one photocopy of the bid must be sealed in one package and clearly labeled "Bid #20 18-04 Playground Equipment, Surfacing, Shade Structure and Installation" on the outside of the package. The legal name, address, bidder's contact person and telephone number must also be clearly noted on the outside ofthe package.

2.4 Failure to submit one original bid with a manual signature may result in rejection of the bid.

2.5 All bids must be signed by an officer or employee having the authority to legally bind the bidder. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

2.6 Any corrections must be initialed. This includes corrections made using correction fluid (white out) or any other method of correction.

2 .7 Bidders should become familiar with any local conditions that may, in any manner, affect the services required. The bidder(s) are required to carefully examine the bid terms and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions.

2.8 Bids not conforming to the instructions provided herein will be subject to disqualification at the sole discretion of the District.

2.9 Any bid may be withdrawn prior to the date and time the bids are due. Any bid not withdrawn will constitute an irrevocable offer for a period of90 days, to provide the District with the services specified in the bid.

2.10 Pursuant to Florida Statute, it is the practice ofthe District to make available for public inspection and copying any information received in response to an Invitation to Bid or Request for Proposal (RFP). No action on the part ofthe respondent to a Bid or RFP will create an obligation of confidentiality on the part of the District, including but not limited to, making a reference in the response to the trade secret statutes. It is recommended that potential suppliers exclude from their response any information that, in their judgment may be considered a trade secret.

2.11 When a school district is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal or reply is by a vendor whose principal place of business is in a state or political subdivision which grants a preference by that state or political subdivision, then the school district shall award an equal preference to the lowest responsible and responsive vendor having a principal place of business within Florida. In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state, and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in the State of Florida shall be five (5) percent. F.S. 287.084(l)(a).

A vendor whose principal place of business is outside this state must accompany any written bid, proposal or reply documents with a written opinion ofan attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts. F.S. 287.084(2).

3.0 AWARD

3.1 The District reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request are-submittal or other information to evaluate any or all bids. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

3.2 The District reserves the right to require bidder(s) to submit evidence of qualifications or any other information the Board may deem necessary, including audited and unaudited financial statements.

3.3 The District reserves the right, prior to Board approval , to withdraw the bid or pottions thereof, without penalty.

3.4 The District reserves the right to : (1) accept the bid of any firm to be in the best interest ofthe District and (2) to reject any and/or all bids .

3.5 The District reserves the right to conduct interviews with any of the bidders and to require a formal presentation by any ofthe bidders .

3.6 It is the intent ofthe District to award this bid to one or more sources, as determined to be in the best interest of the District.

3.7 The bid award will be made based on funds availability and will be at the sole discretion ofthe St. Johns County School Board .

4.0 CONTRACT/RENEWAL

4 . I The term ofthis contract shall be from July 1, 20I8 to June 30 , 20I9 and may by mutual agreement between the District and the awarded vendor be renewable for up to three (3) additional one (I) year periods.

4.2 All terms and conditions ofthis bid, any addenda, and negotiated terms are incorporated into the contract by reference as set forth herein.

5.0 BID INQUIRIES/NOTICES

5 .I In order to maintain a fair and impartial competitive process, prospective bidders shall not communicate with District staffor Board members after bids are released . All questions and inquiries must be submitted via email no later than February 9, 20I8@ 12:00 PM to:

Patrick Snodgrass Director ofPurchasing patrick.snodgrass@,stjohns.k 12. fl.us

Communication via email as stated above is the only means prospective bidders may contact the District regarding this solicitation. Violation of this section is grounds for automatic disqualification of a prospective bidder's submittal.

All questions will be answered via posting to the DemandStar website www.demandstar.com no later than Februaryl3, 2018@ 5:00PM. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

The District will not respond to questions and inquiries submitted after the deadline stated above.

5.2 Copies of addendum will be made available for inspection at the District's Purchasing Department where bid documents will be kept on file.

5.3 No Addendum will be issued later than February 13 , 2018, except an addendum withdrawing the Invitation to Bid or one which includes postponement of the date for receipt of bids or one containing the questions and answers.

5.4 All notices relative to this Bid, including but not limited to initial release, addendums, letters of intent and awards will be posted on the Demand Star web site­ www.demandstar.com.

6.0 SCOPE OF SERVICES

6.1 The purpose and intent of this Invitation to Bid is to secure prices for turnkey purchase and installation of Playground Equipment, Surfacing, and Shaded Structures.

6.2 Items in the Invitation to Bid are for various schools located throughout St. Johns County and are not for delivery to any central location . The awarded vendor is responsible for supplying, at its own expense, all supervision, labor, equipment, machines, tools, materials, transportation and anything necessary to perform site preparation, off-loading, uncrating, placement, and installation of playground equipment, surfacing, and shaded structures at locations determined by the District.

6.3 Bidder shall submit written factory certification that they are certified and can provide installation services as required by the manufacturer for items submitted on the bid sheet. Failure to supply this documentation with the bid submittal may result in disqualification.

6.4 If a Bidder intends to use a subcontractor for installation, the name and address of the subcontracting firm must be submitted with the bid. No sub-contracting will take place prior to bid awarded vendor furnishing this information and receiving written approval from the District. Any request to subcontract must be accompanied by the subcontracting company ' s Business Tax Receipt and Certificate oflnsurance listing the St. Johns County School Board as an additional insured. The subcontractor will be required to conform to the Jessica Lunsford Act, and in meeting all other requirements specified in this Invitation to Bid.

The District reserves the right to reject any subcontractor or member of subcontractor's staffwhose qualifications or performance, in the District's judgement, are insufficient.

In responding to this bid, the Bidder agrees that the District shall not be liable to any subcontractor for any expenses and liabilities incurred under the subcontract and Bidder shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Bidder, at its expense, shall defend the District against such claims. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

6.5 It is advised that normal installation of these units shall occur when school is in session. It shall be the responsibility of awarded vendor to perform necessary measures, which may include erection of barricades and signs to isolate their work site and minimize the possibility of injury to staff and students. Additionally, it shall be the responsibility of the awarded vendor to secure the area to protect their equipment and tools as well as to protect surfacing or foundation after it is poured and the playground components until the final inspection and acceptance by the District. There shall be no cost to the District for these safety and security measures.

6.6 All playground equipment, surfacing, and shaded structures provided must, at a minimum, meet the following applicable standards: • ADA (Americans with Disabilities Act) • ASTM (The American Society for Testing and Materials) • CPSC (Consumer Product Safety Council) • IPEMA (International Playground Equipment Manufacturers Association) • District standards, and all federal , local and state rules and regulations.

6.7 Fall zone material must adhere to industry related standards and include CPSC and ASTM.

6.8 Any playground equipment, surfacing, and shaded structures installed on District property not complying with safety regulations and all requirements in this bid shall be removed or replaced by the awarded vendor, at the sole discretion ofthe District, at no cost to the District.

6.9 Bidder shall submit one (1) copy of each manufacturer's catalog. lfprices are not included in the catalog, a published price sheet must also be submitted .

6.10 The discounts, terms and conditions of this bid shall remain firm throughout the contract period. During the contract period, the awarded vendor may issue replacement catalogs. As new catalogs and price sheets are published, the awarded vendor must submit to the Purchasing Department no less than twenty-one (21) days prior to the effective date, with a written request for acceptance and stating the effective date of such changes. New items appearing in an updated catalog released after the bid opening date are to be covered by this bid as ifthese items were originally included in the catalogs originally submitted.

Upon request, the awarded vendor must submit a copy oftheir catalog and published price sheet to any requesting school at no cost to the District.

6.11 Playground equipment shall meet the following requirements: • Equipment shall be free of points, sharp edges and protrusions that may cut or puncture. • Equipment shall be free of protrusions and other elements that may snag clothing or body parts • Equipment shall be free of angles or openings that may entrap body parts Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

• Equipment shall be free of pinch or crush points • Equipment shall be free of splinters and not be subject to future splintering • Equipment shall have slip resistant walking and climbing surfaces • Equipment shall have components that drain freely and do not collect water • Equipment shall have steps and handholds of proper size, spacing and incline where necessary to assist climbing • Closed risers shall be placed at all steps • Equipment shall have all moving parts constructed of materials that minimize the potential for impact injuries • Equipment shall have handrails, raised edges and other barriers where necessary to minimize the potential for falls • Equipment shall have vandal-proof connectors that cannot be loosened or unfastened without special tools • Equipment shall permit easy access by adults for maintenance and emergencies • Equipment shall provide more than one means of access and exit • Equipment shall be designed to support the maximum possible load able to be imposed on the apparatus • Equipment shall be designed to be permanently anchored in place • Equipment shall be constructed ofnon-rusting and nontoxic materials and paints • Equipment shall be constructed of materials that will remain durable in an outdoor environment • All main (in-ground) support posts shall be powder coated aluminum • Equipment shall not be constructed ofwood or contain wooden components • There shall be no walls, grates, drains, valves, or any other possible obstructions within 6' perimeter of any playground unless protected by a 6' high (black vinyl) 9­ gauge fence, or one that matches existing chain link 6' high fences • Access -All playgrounds shall be ADA compliant including having code compliant sidewalks to the ADA surfacing

6.12 Surfacing products must meet current ASTM specification for determination of accessibility to surface systems under and around playground equipment. If submitting a bid for surfacing products, bidder is required to attach to the bid a price table for surfacing products if pricing is based on thickness and color options. The price table shall not contain any other terms and/or conditions.

6.13 Proposed playground equipment and/or shade structure layouts may be approved by an authorized District representative prior to the issuance ofa purchase order.

· 6.14 The awarded vendor is responsible for ensuring any playground equipment, surfacing product and shade structure for the District meets the safety requirements as stated in this bid document including any updates by the District, ASTM or ADA laws.

6.15 Any playground equipment, surfacing, and shaded structures installed on District grounds not complying with safety regulations shall be removed by the awarded vendor at the Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

awarded vendors expense and any funds expended by the school must be refunded or equipment replaced at the sole discretion of the District.

6. 16 All surfacing product specifications must be provided with this bid.

6. 17 Prior to receiving a purchase order, the awarded vendor will be required to provide a written quote for any items provided under this bid. Each job quote must contain a listing of each piece of playground equipment, surfacing product and shade structure showing its list price and the percentage(%) discount, estimated freight charges, and the cost of installation. The discount percentage, installation percentage, and pricing provided in the awarded vendors bid submittal will be used as the basis for each job quote.

6.18 The District reserves the right to inspect all work prior to payment. The awarded vendor shall promptly correct all work rejected by an authorized District representative as defective at no additional cost to the District. Final project approval is contingent on the final inspection by an authorized District representative.

6.19 The awarded vendor will at all times enforce strict discipline and good order among their employees and agents and will not employ anyone unskilled in the task assigned to them. District sites are smoke and drug free. The awarded vendor who perform contractual services on the premises must advise their personnel for compliance purposes . The awarded vendor will be responsible for the appearance of all working personnel assigned to the project at all times and their compliance with District Policies and Rules.

6.20 It shall be the sole responsibility ofthe awarded vendor performing services for this contract to safeguard their own materials, tools and equipment. The District shall not assume any responsibility for vandalism and/or theft of materials, tools and/or equipment.

6.21 The awarded vendor agrees to repair at own expense any damage that was caused to District property by awarded vendor.

6.22 It shall be the responsibility of the awarded vendor to pay any and all subcontractors including installers, and delivery subcontractors. Purchase orders shall only be issued to the awarded vendor.

7.0 DELIVERY

7.1 Awarded vendor shall furnish, at its own expense, all supervision, labor, equipment, machines, tools, materials, labor, transportation and anything necessary for the delivery, offloading, uncrating, and placement of items as directed at all delivery locations without assistance of District personnel. A minimum of seventy-two (72) hours advance notification of delivery is required from all freight carriers to an authorized District representative.

7.2 Freight charges are to be added to the invoice. The District will only pay actual freight charges. The District may require suppmiing documentation of actual freight charges. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

7.3 Deliveries shall be made between the hours of 8:00am and 3:00pm, except on Saturdays, Sundays, or holidays when schools are closed.

7.4 Inspection and acceptance will be F.O.B. Destination. Title to/or risk of loss or damage to items shall be the responsibility of the awarded vendor. The awarded vendor is required to file all claims for damages and/or shortages .

7.5 Ifequipment supplied to the District is found to be damaged or not to conform to specifications, the District reserves the right to cancel the order. Product return shall be at the expense of the awarded vendor.

7.6 In the event an item is delivered and received, and it is later determined there is concealed damage when the item is unpacked, the item must be replaced by the awarded vendor at no cost to the District.

8.0 INSTALLATION

8.1 All playground equipment, surfacing, and shaded structures shall be installed in accordance with the manufacturer's recommendations. The awarded vendor shall provide all supervision, labor, equipment, machines, tools, materials, labor, transportation and anything necessary for uncrating, set in place, site preparation and installation. Installation shall be coordinated with an authorized District representative for each site.

8.2 The awarded vendor shall not inhibit access to schools during pursuit of work specified in this bid, and shall not prohibit entrance or exiting from school fire lanes, doorways, gates, etc.

8.3 Supervisor of the installation crew shall be CPSI cet1ified, be on site at all times, be fluent in English, and be thoroughly knowledgeable of all plans and specifications. The installation crew must be factory certified .

8.4 All members of the installation crew must sign in at the school's main office and report to the school's Maintenance Manager prior to commencing any work and must sign out at the school's main office prior to leaving the campus. Only those who have been fingerprinted and cleared by the District in accordance with the conditions of this bid will be permitted access to District grounds.

8.5 The awarded vendor shall provide a qualified person, at no extra cost, to assure performance of the items purchased and installed and to make the initial start-up and achieve the successful testing.

8.6 The District will provide water and electricity from the point of closest hook-up only (no hoses or electrical cables will be provided . Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

8.7 The awarded vendor shall protect all personnel (school staff and its own employees), and students or others on school campuses against hazards and/or injuries that might result from installation. This shall include but not be limited to, the erection of barricades and signs to isolate the work site and minimize risk. Only after installation has been approved by an authorized District representative may the barricade be removed.

8.8 The awarded vendor shall protect all District buildings, structures and utilities that are underground, above ground , or on the surface from their operations which may be hazardous and /or damaging to District facilities.

The awarded vendor shall be responsible for any and all damage to grounds, underground utilities, buildings, shrubbery, District property, personnel propetiy or visitor property due to the negligence on the part of the awarded vendor, its employees or its agents. The awarded vendor agrees to repair or replace, according to local codes and District ' s satisfaction, all water lines, sanitary lines, electrical lines, curbs, sidewalks , streets, parking lots , fences, grassed areas, etc., broken or damaged as a result of the installation process, at no cost to the District.

8.9 Dumpsters and all job site trash and debris are the responsibility ofthe awarded vendor. Worksites shall be left in a neat and orderly fashion at the end of each work day, with frequent pick up of all debris and trash throughout the day to ensure work sites present a neat and orderly appearance at all times. Dumpsters must be located so as not to interfere with traffic at the school site and shall be promptly removed upon completion ofthe job. The awarded vendor shall clean or make any necessary corrections to any area damaged by a dumpster. Debris and trash shall not be deposited into a school dumpster. At completion of the installation, the site shall be in a ready to use condition, free of any debris or trash.

8.10 The awarded vendor shall ensure all work is installed straight, level , plum and in skillful manner.

8.11 The awarded vendor shall be responsible for the accuracy of all field measurements .

8.12 At the completion of each workday, the awarded vendor shall remove all work materials, tools, equipment and machinery from the work site. It shall be the sole responsibility of the awarded vendor to safeguard their own material, tools and equipment. The District shall not assume any responsibility for any vandalism and/or theft of material, tools or equipment.

8.13 At the completion of the installation the awarded vendor shall be responsible to restore the project site to its original condition. This may include re-sodding the area affected by work with sod of the same variety and quality. Where no sod existed prior to installation, the awarded vendor must restore grade to a level consistent with the surrounding grade .

8.14 The awarded vendor shall provide security for the site while surfacing is curing, drying, etc. (there shall be no cost to the District for this security) Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

8.I5 The awarded vendor must provide a maintenance manual and repair kit for all installed playground equipment and shade structure.

8.I6 Upon completion, installation of playground equipment and shade structure must be accepted by an authorized District representative. At that time, ownership ofthe playground or shade structure becomes the District.

9.0 WARRANTY

9.I The awarded vendor shall guarantee all items furnished hereunder against defect in material and/or workmanship for a period no less than three (3) years from date of approval by the District or the manufacturer's warranty, whichever is greater. Should any defects in materials or workmanship excepting ordinary wear and tear, appear during the warranty period, the awarded vendor shall repair and replace same, at no cost to the District, immediately upon written notice from the District. In the event a dispute on requested repairs between the District and the awarded vendor, the decision ofthe District shall be final and binding on both parties.

9.2 The awarded vendor shall provide the manufacturer' s warranty in writing and certified to an authorized District representative upon final inspection.

10.0 BID PRICING

IO.I Bidders are required to submit a single firm fixed percentage(%) discount that will be deducted from the catalog list price for playground equipment.

Bidders may list up to five (5) manufacturers per bid sheet. If bidding more than five (5) manufacturers, bidders must duplicate the bid sheet and complete. All manufacturers listed on the bid sheet must be accompanied by a copy oftheir most recent catalog and printed price sheet.

I 0.2 Bidders are required to submit a firm fixed percentage(%) of cost (the total cost after discount has been taken but before freight has been added) for the installation of playground equipment.

Bidders shall include a written factory certification for the installation ofplayground equipment. Failure to submit written factory certification may result in disqualification.

Bidders using a subcontractor for installation must list the company name and supply written factory certification for the installation of playground equipment. Failure to submit written factory certification may result in disqualification.

10.3 Bidders are required to submit a single firm fixed percentage(%) discount that will be deducted from the catalog list price for shaded structures. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

Bidders may list up to five (5) manufacturers per bid sheet. If bidding more than five (5) manufacturers, bidders must duplicate the bid sheet and complete. All manufacturers listed on the bid sheet must be accompanied by a copy oftheir most recent catalog and printed price sheet

I 0.4 Bidders are required to provide a firm fixed percentage(%) of cost (the total cost after discount has been taken but before freight has been added) for the installation of shaded structures.

Bidders shall include a written factory certification for the installation of shaded structures. Failure to submit written factory certification may result in disqualification.

Bidders using a subcontractor for installation must list the company name and supply written factory certification for the installation of playground equipment. Failure to submit written factory certification may result in disqualification.

I 0.5 Bidders are required to attach a price table for surfacing products. Price table must indicate if pricing is based on thickness and color options. Price must include all materials, adhesives, non-woven geotextile membrane, delivered, supplied and installed.

I 0.6 Bidders are required to provide an hourly labor rate for repairs. The billable hourly rate shall start upon arrival at the job site and end upon departure from site .

I 0.7 Bidders are required to provide a percentage(%) markup over cost for repair parts.

I0.8 No mileage or fuel charges will be incurred by the District. Any charges not listed on the bid sheet will not be honored .

I 0.9 The bid sheet must be signed by an individual ofthe bidding firm that has the authority to bind the firm.

Il.O QUALIFICATIONS

All bidders must submit a copy oftheir Business tax receipt with their bid submittal.

I2.0 REFERENCES

All bidders must provide a minimum of three (3) references whom they have performed similar services for within the past five (5) years.

13.0 INSURANCE REQUIREMENTS

It is mandatory that the person/firm submitting the bid have minimum Liability limits of $I,OOO,OOO.OO for both Comprehensive General Liability, including Product Liability Coverage. The person/firm submitting the bid must also have a minimum Liability Limit of $I,OOO,OOO.OO for Motor Vehicle Liability and at least the statutory limit of Worker's Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

Compensation. All coverage must be included on the certificate(s). Bidder's insurance provider must be rated A- or better by AM Best. If the bidder's current ceJ1ificate of insurance does not meet the amount required , a statement must be included with the bid document from their insurance carrier indicating that if a bid award was made to the firm, that the carrier would write the necessary insurance coverage. The successful bidder must then have the required insurance placed in force with written notification provided to the Director of Purchasing, prior to issuance of a purchase order that authorizes the work performance to begin . Failure to do so may invalidate the award and result in an award to the next lowest responsible bidder. Successful vendor must list St. Johns County School Board as an additional insured.

14.0 VENDORPAYMENT

The St. Johns County School District requires all vendors responding to this bid to accept payment from the District on a Visa credit card. No other payment options will be made available. St. Johns County School District will issue a unique "ghost" credit card number to each vendor. This information must be held on file for all future payments. The card has a zero balance until payments have been authorized by the district.

After goods are delivered or services rendered vendors submit invoices to the Accounts Payable Department according to the current process. The payment terms are set as IMMEDIATE (next accounts payable run). When payments are authorized, an email notification is sent to an email address provided by the vendor. The email notification includes the invoice number, invoice date, and amount of payment. Once the vendor receives the email the credit card has been authorized to charge for the amount listed in the email. When the vendor charges the full amount authorized in the email the card will return to a zero balance until the next payment is authorized.

15.0 PURCHASE ORDERS

Purchase Orders shall only be issued to the awarded vendor. No Purchase Order shall be issued to a subcontractor for items or services purchased through this bid.

A Purchase Order issued by the Purchasing Department or from School Internal Accounts is the only legal authorization for vendors to perform services or provide commodities to the District. A commitment, either written or verbal, fi·om District employees without a Purchase Order issued by the Purchasing Department or fi·om School Internal Accounts does not constitute an obligation by the District to a vendor. Vendors that perform services or provide commodities without a Purchase Order issued by the Purchasing Department or from School Internal Accounts do so at their own risk and at risk of non­ payment. Additional information regarding doing business with the District can be found on the District web site, www.stjohns.kl2.fl.us under the Purchasing Department.

16.0 PREPARATION AND SUBMISSION OF BID

16.1 Bidder's are requested to organize their bids in the following sequence. Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation

16.2 Invitation to Bid: Required response form (page 1 ofBid) with all required information completed and all signatures as specified

16.3 Debarment Form

16.4 Drug Free Workplace Certification

16.5 Principal Place of Business

16.6 Insurance Coverage: Insurance certificates evidencing coverage as specified in section 13.0 or a signed statement indicating that coverage meeting the required coverage will be obtained prior to the commencement of any work under this bid.

16.7 Qualifications

16.8 References

16.9 Written Factory Certification for Installation

16.10 Catalogs and Printed Price Sheets

16.11 Bid Sheet Bid #20 18-04 Playground Equipment, Surfacing, Shade Structures and Installation

Bid Sheet

Playground Equipment Bidders are required to submit a single firm fixed percentage discount that will be deducted from the catalog list price. The District will not accept a Discount of 0%. Freight charges are to be prepaid by the awarded vendor and added to the invoice. The District will only pay actual freight charge. Fixed % Percentage List the Playground Equipment Manufacturer(s) you represent Discount off List Price

E -Q.l -.....

Installation of Playground Equipment Fixed% Percentage Installation cost will be based on a firm percentage of the playground equipment cost (the total after discount has been taken but before freight has been added) N E -.....Q.l If using a subcontractor for installation of Playground Equipment must list company name (if other than self):

Shade Structures Bidders are required to submit a single firm fixed percentage discount that will be deducted from the catalog list price. The District will not accept a Discount ofO%. Freight charges are to be prepaid by the awarded vendor and added to the invoice. The District will only pay actual freight charge. Fixed% Percentage List the Shade Structure Manufacturer(s) you represent Discount off List Price

l"'"l E -.....Q.l

. . Bid #20 18-04 Playground Equipment, Surfacing, Shade Structures and Installation

Bid Sheet

Installation of Shade Structures Fixed % Percentage Cost will be based on a firm percentage of the Shade Structure cost (the total after discount has been taken but before freight has been added) '<:!' E - .....~ If using a subcontractor for the installation of Shade Structure must list the company name (if other than self) :

Surfacing Materials Price Table Included l£) Bidders are required to attach a price table for surfacing products. Price table E .....~ must indicate if pricing is based on thickness and color options. Price must Yes No - include all materials, adhesi ves, non-woven geotextile membrane, delivered , -­ -­ supplied and installed.

Repair Work \0 E - .....~ Bidders are to provide an hourly labor rate for repairs $ per hour Bidders are required to provide a percentage markup over cost for repair parts %

Company Name : ------Authorized Signature : ------Print Name: ------Date : ------ST. JOHNS COUNTY SCHOOL DISTRICT Sebastian Administrative Annex Purchasing Depa1iment 3015 Lewis Speedway, Unit 5 St. Augustine, Florida 32084 Telephone (904) 547-8941 FAX (904) 547-8945 Patrick Snodgrass, CPSM Director ofPurclwsing

February 13, 2018

TO ALL VENDORS:

The purpose ofthis letter is to serve as ADDENDUM #1 to Bid #2018-04 Playground Equipment, Surfacing, Shade Structure and Installation.

The following is a list of questions that were asked along with the responses:

I. Question: Are you planning on renewing Bid 2015-12 in June?

Answer: No, the District is unable to renew Bid #20 15-12 Playground Equipment, Surfacing and Installation. This bid expires June 30, 2018 and no additional renewals remain.

2. Question: Can we submit two bids. One for product only and the other bid for just installations?

Answer: No, Bidders must submit one bid tor the purchase and installation of playground equipment, surfacing and shade structures. It shall be the responsibility of the awarded vendor to pay any and all subcontractors including installers, and delivery subcontractors. Purchase orders shall only be issued to the awarded vendor.

Thank you for your continued participation in the bid process.

Sincerely, pf:s~~ Director of Purchasing SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Extenstion of the District Office Lease with the U.S. House of Representatives – The Honorable Daniel A. Webster for Office Space at The Sumter County Villages Annex (Staff Recommends Approval). REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: The Honorable Daniel A. Webster: U.S. House of Representatives Effective Date:1/3/2019 Termination Date: 1/2/2023 Managing Division / Dept: Purchasing BUDGET IMPACT: $1.00 per month FUNDING SOURCE: General Fund – Misc. Revenue Type: Annual EXPENDITURE ACCOUNT: 001-369900

HISTORY/FACTS/ISSUES: The U.S. House of Representatives 117th Congress, Honorable Daniel A. Webster, currently leases County owned office space located at 8015 E. County Road 466, Suite B, The Villages, Florida 32162. The U.S. House of Representatives wishes to renew the lease through January 2, 2023, which is the end of the constitutional term of the 117th Congress.

Attached for BOCC review and approval is the District Office Lease Amendment.

Prepared by: Becky Segrest Grammarly Check ☒

Page 1 of 1 District OHica Laasa Amendmant -Instructions

NO LEASE AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.

The term for a District Oftice Lease Amendment for the 117th Congress may not commence prior to January 3, 2021.

Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 117th Congress, leases should end on January 2, 2023, not December 31, 2022.

A. Section 1 has three blank lin es to be filled in: 1. the term of the previous lease that is being amended or extended; 2. street address of office being leased; and 3. city, state and ZIP where office is being leased.

B. Section 2 requires the new ending date (if the lease is going to be extended), which must be on or before January 2, 2023 . If the lease term is not going to be extended, write " I A" in the space provided.

C. Section 3 requires the monthly rent amount for the extended term, and if any other provision is changed, the blank space beneath Section 3 is provided for any changes or additions. If there are no other changes to your existing lease write "NONE" in the space provided.

D. The Member/Member-Elect is required to personally sign the documents.

E. A District Office Lease Attachment for the 117th Congress must accompany this District Office Lease Amendment ("Amendment").

F. Prior to either party signing an Amendment, the Member/Member-Elect must submit the proposed Amendment, accompanied by a copy of the District Office Lease Attachment for the 117'h Congress, to the Administrative Counsel for review and approval. If the proposed terms and conditions of the Amendment are determined to be in compliance with applicable law and House Rules and Regulations, the Administrative Counsel will notify the Member/Member­ Elect that (s)he may proceed with the signing of the Amendment. Please submit the proposed Amendment and District Office Lease Attachment either by e-mail in PDF form ([email protected]) or fax (202-226-0357).

G. Once signed by both parties, the Amendment and District Office Lease Attachment must be submitted to the Administrative Counsel for final approval. They may be sent by email in PDF fonn or faxed to 202-226-0357.

H. If approved, Administrative Counsel wi ll send them to Finance so that payment can begin. If there are errors, you will be contacted and required to correct them before the Amendment is approved.

T. If you have any additional questions about District Office Leases, please contact the Office of the Administrative Counsel by e-mai l ([email protected]). V.S. Jfouse of ~presentatives Washington, D.C. 20515 District Offica Laasa Amandmant (Page 1 of 2- 117th Congress)

1. Prior Lease Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of Representatives ("Lessee") agree that they previously entered into a District Office Lease ("Lease") (along with the District Office Lease Attachment), which covered the period from January 3, 2019 to Janaury 2, 2021 for the lease of office space located at 8015 E County Road 466, Suite B tn the city, state and ZIP of _T_he_ V_i_lla-=g_es_._F_Io_rid_a_3_2_16_2______

2. Extended Term. If applicable, the above referenced Lease is extended through and including January 2 , 2023 . (This District Office Lease Amendment ("Amendment") may not provide for an extension beyond January 2, 2023, which is the end of the constitutional term of the !17th Congress.)

3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now be $1 .00 . All other provisions of the existing Lease shall remain unchanged and in full effect, except for the following additional terms, which are modified as indicated in the space below [Ifno additional terms are to be modified, write the word "NONE" below].

4. District Office Lease Attachment for 117th Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the !17th Congress and the District Office Lease Attachment for the I 17th Congress attached hereto supersedes and replaces any prior District Office Lease Attachment.

5. Counterparts. This Amendment may be executed in any number of counterparts and by facsimi le copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument.

6. Section Headings. The section headings of this Amendment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof.

[Signature page follows.] V.S. Jfouse of Cl?..fpresentatives Washington, D.C. 205 15 District Dffico Loaso Amondmont (Page 2 of 2- 117th Congress)

IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee.

Sumter County Board of County Commissioners The Honorable Daniel A. Webster

Print Name of Lessod Land/ord!Company Print Name of Lessee

By: Lessor Signature Lessee Signature Name: Title:

Date Date

This District Office Lease A mendment must be accompanied with an executed District Office Lease Attachment. District Office Lease Attachment -Instructions

The District Office Lease Attachment must accompany every Lease or Amendment submitted for a Member/Member-Elect's District Office.

NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.

The term of a District Office Lease or Amendment for the 117th Congress may not commence prior to January 3, 2021.

Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 117th Congress, leases should end on January 2, 2023, not December 31, 2022.

A few things to keep in mind:

A. The Member/Member-Elect is required to personally sign the documents.

B. The Lessor must complete the amenities checklist in Section A ("Lease Amenities"), including both the "required amenities" and "optional amenities" portions.

C. The Member/Member-Elect must indicate in Section A ("Lease Amenities") whether the proposed leased space will serve as a flagship district office.

D. Section B ("Additional Terms and Conditions") ofthe Attachment SHALL NOT have any provisions deleted or changed.

E. Even if rent is zero, an Attachment is still required.

F. Prior to either party signing a Lease or Amendment, the Member/Member-Elect must submit the proposed Lease or Amendment, accompanied by a copy of the Attachment, to the Administrative Counsel for review and approval. ffthe Administrative Counsel detennines that the proposed tenns and conditions of the Lease or Amendment are in compliance with applicable law and House Rules and Regulations, the Administrative Counsel will notifY the Member/Member-Elect that (s)he may proceed with the execution of the Lease or Amendment. Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF fonn ([email protected]) or by fax (202-226-0357).

G. Once signed by both parties, the Lease or Amendment along with the Attachment must be submitted to the Administrative Counsel for final approval. They may be sent by email in PDF form (l [email protected]) or by fax (202-226-0357).

H. Without a properly signed and submitted Attachment, the Lease or Amendment cannot be approved by the Administrative Counsel and payments will not be made. The parties agree that any charges for default, early termination or cancellation of the Lease or Amendment which result from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and are not reimbursable from the Member's Representational Allowance.

I. Lessor shall provide a copy of any assignment, estoppel certificate, notice of a bankruptcy or foreclosure, or notice of a sale or transfer of the leased premises to the Administrative Counsel by e-mail in PDF form ([email protected]). V.S. Jfouse of CRgpresentatives Washington, D.C. 205 15 District omce Lease Attachment (Page 1 of 5- 117th Congress)

SECTION A (Lease Amenities)

Section A sets forth the amenities provided by the Lessor to be included in the Lease and designates whether the leased space will be the Member/Member-Elect's flagship (primary) office. Except as noted below, the amenities listed are not required for all district offices.

To be completed by the Lessor (required amenities):

0 * High-Speed Internet Available Within the Leased Space. Please li st any internet providers known to provide service to the property:

0 * Interior Wiring CAT Se or Better within Leased Space.

To be completed by the Lessor (optional amenities): 0Amenities are separately listed elsewhere in the Lease. (The below checklist can be left blank if the above box is checked.)

The Lease includes (please check and complete all that apply): 0 Lockable Space for Networking Equipment. 0 Telephone Service Available. 0 Parking. 0 Assigned Parking Spaces 0 Unassigned Parking Spaces 0 General Off-Street Parking on an As-Available Basis 0 Uti lities. Includes: Electric, Water, & Sewer 0 Janitorial Services. Frequency: ------0 Trash Removal. Frequency: ------0 Carpet Cleaning. Frequency: Annually -----~------0 Window Washing. 0 Window Treatments. 0 Tenant Alterations Included In Rental Rate. 0 After Hours Building Access. 0 Office Furnishings. Includes: ------0 Cable TV Accessible. If checked, Included in Rental Rate: 0 Yes 0 No 0 Building Manager. 0 Onsite 0 On Call Contact Name: Sumter County Facilities & Park Serv Phone Number: (352) 569-6936 Email Address: [email protected]

To be completed by the Member/Member-elect (required):

0 The leased space will serve as my flagship (primary) District Office. 0 The leased space will NOT serve as my flagship (primary) District Office.

Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. Copies may also be/axed to 202-226-0357. V.S. Jfouse of CR.§presentatives Washington, D.C. 20515 District omce Lease Attachmont (Page 2 of 5- 117th Congress)

SECTTONB (Additional Lease Terms)

1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attaclunent ("Attaclunent") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment") to which it is attached.

2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives (the "House") nor its Officers are liable for the perfonnance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House (the "CAO") to Lessor to satisfy Lessee's rent ob li gations under the Lease- which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House - shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such perfom1ance.

3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and give approval of any amendment to the Lease prior to its execution.

4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing the last page of this Attachment.

5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee.

6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthe1more, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect.

7. Certain Charges. The parties agree that any charge for default, early tennination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.

8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a)

Send completed forms to : Administrative Counsel, 21 7 Ford House Office Building, Wa shington, D. C. 20515. Copies may also befaxed to 202-226-0357. V.S. Jfouse of ~presentatives Washington, D.C. 20515 District Office Lease Attachment (Page 3 of 5- 117th Congress)

terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the obli gation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee' s successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day tem1ination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked.

9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office. Should the Member-Elect not take office to serve as a Member of the I 17th Congress, the Lease will be considered null and void.

10. Early Termination. ff either Lessor or Lessee terminates the Lease under the tenns of the Lease, the tenninating party agrees to promptly file a copy of any tennination notice with the Office of Finance, U.S. House of Representatives, 0 ' eill Federal Building, Suite 3220, Attn: Jason Washington, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at [email protected].

11. Assignments. Lessor shall provide thirty (30) days prior written notice to Lessee before assigning any of its rights, interests or obi igations under the Lease, in whole or in part, by operation of law or otherwise. Lessor shall promptly file a copy of any such assignment notice with the Administrative Counsel by e-mail at [email protected]. Lessee and the House shall not be responsible for any misdirected payments resulting from Lessor's failure to file an assignment notice in accordance with this section.

12. Sale or Transfer of Leased Premises. Lessor shall provide thirty (30) days prior written notice to Lessee in the event (a) of any sale to a third party of any part of the leased premises, or (b) Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the Administrative Counsel by e-mail at [email protected].

13. Bankruptcy and Foreclosure. In the event (a) Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily), (b) the leased premises is foreclosed upon, or (c) of any similar occurrence, Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file a copy of any such notice with the Office ofFinance, U.S. House of Representatives, O'Neill Federal Building, Suite 3220, Attn: Jason Washington, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at [email protected].

14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall require the review of the Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at [email protected].

Send completed forms 10 : Administrative Counsel, 217 Ford House Office Building, Washing /On , D.C. 20515. Copies may also be .faxed to 202-226-035 7. V.S. Jfouse of

15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, alJ sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas.

16. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises.

17. Lessor Liability for Failure to Maintain. Lessor shalJ be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 15 and lQ.

18. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor' s consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate.

19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.

20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House' s officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise dming or as a result of the Lease or Lessee's tenancy.

21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibi lity codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee.

22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments.

23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated.

24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency.

Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washing/on, D. C. 20515. Copies may also befaxed to 202-226-0357. V.S. Jfouse of CR.§presentatives Washington, D.C. 205 15 District Office Lease Attachment (Page 5 of 5 - 117th Congress)

25. Construction. Unl ess the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the si ngular include the plural and vice versa.

26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, ann s-length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant).

27. District Certification. The Lessee cetiifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration.

28. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an origi nal but all of which together shall be deemed to be one and the same instrument.

29. Section Headings. The section headings of thi s Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof.

IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee.

1ter County Board of County Commissio The Honorable Daniel A. Webster Print Name ofL essor/Landlord Print Name ofL essee

By: Lessor Signature Lessee Signature Name: Title:

From th e Member's Office, who is th e point of contact for questi ons? Nam e Christa Pearson Phone (352 ) 304-7590 E-ma il Christa.Pearson @mail.house.gov

This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration.

Signed ------,---,:--:--:---:---=::--:--::------Date ______, 20 ___. (Admi ni strative Co unsel)

Send completed/arms to: Administrative Counsel, 217 Ford House Office Building, Washington, D. C. 20515. Copies may also befaxed to 202-226-0357. U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form INSTRUCTIONS Internal Revenue Code 6 109, 3 I U.S.C. 3322, 3 1 CFR 2 10 and th e 1996 Debt Co llection Improvement Act require all entities that do busin ess with the United States Govcnm1eot to provide a Ta x Identifica tion Number (TIN) and Elec tronic Funds Transfer (EFT) information for payment. PL 93-579 protects your privacy and mandates that the in form ati on never be published or used for an y oth er purpose th an to pay you. Pl ease complete all sections below, sign and return via th e email or fax number listed. RETURN FORM TO: [email protected] FAX NUMBER: (202) 225-6914 SECTION I UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION ADDRESS US HOUSE OF REPRESEN TATIVES - ACCOUNTING , 3110 O'NEILL HOUSE OFFICE BUILDING, WASHINGTON DC 20515 AGENCY IDENTIFIER 53-6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202) 226-2277 SECTION/I PAYEE/COMPANY INFORMATION NAME AS SHOWN ON YOUR INCOME TAX RETURN BUSINESS NAME/DISREGARDED ENTITY NAME OR DBA, IF DIFFERENT THAN NAME ON YOUR INCOME TAX RETURN

ADDRESS/CITY/STATE/ZIP Enter the correct Tax Identification Number type SOCIAL SECURITY NUMBER (SSN) EMPLOYER TAX ID NUMBER (EIN) DJ]-[0- 1 I I I I or [0-1I I I I I I I CONTACT PERSON NAME PURCHASE ORDER ADDRESS/CITY/STATE/ZIP

EMAIL PO EMAIL

TELEPHONE NUMBER FAX NUMBER TELEPHONE NUMBER FAX NUMBER

REMIT TO ADDRESS

CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION (required) IJ lndividuaUSole Proprietor or D C Corporation D s Corporation 0 Partnership [JTrust/Estate Exemptions (codes apply only to certain Single Member LLC entilies, not individuals):

Umited Uability Company. Check the tax classificat ion : DC corporation D S corporation D Partnership Exempt payee code (if any) Note . For asingle-member LL C tha t is disregarded, check the appropriate box for the tax classification of the single-member owner. Exemption from FATCA reporting code (if any) Government Entity. Che ck the ta x classification: DFederal O state 0Local (Applies to accounts maJnlaJned outside the US.) IJ other

SECTION/II FINANCIAL INSTITUTION INFORMATION us; BANK NAME TELEPHONE NUMBER

NINE-DIGIT ROUTING TRANSIT NUMBER

DEPOSITOR ACCOUNT TITLE

DEPOSITOR ACCOUNT NUMBER LOCKBOX NUMBER

TYPE OF ACCOUNT OcHECKING ()>AVINGS QLOCKBOX SECTION IV SOCIO-ECONOMIC INFORMATION Type of Business QLarge Business-No Socio-Economic Designations QMinority ()smBusiness ()sm-Disadv/Minority O m-Disadv Only ();mMin Only Sm-Disadvantaged Business Prog Q a(a) Firm QHUBZone Program QHUBZone Eligible QEmerging Small Business Ow omen-Owned Business Other Preference Programs Osuy Indian Ooirected to JWOD Non-Profit O;oP reference/Not Listed O small Business Set-Aside O very Small Business Set-Aside Veteran Owned Status Q Non -Ve t Owned SmBus O other Vet Owned SmBus Qserv-Disabled Vet Other Bus Qserv-Disabled Vet Owned SB O vet- Owned Other Bus Size of Business: O rAJ 50 or less O rB! 51 -100 O rcJ 101-250 OoJ251-500 QEJ501 -750 QFJ 751 -1,000 Q GJ Over 1.000 O (MJ 1million or less O N! 1.1-2million O rPJ 2.1 -3.5million O rR! 3.1 -5million O rsJ 5.1-tOmil/ion 0 (T)10.1-17 million Q Z)Over 17million SECTIONV CERTIFICATION OF DATA BY PAYEE/COMPANY NAME TITL E/POSITION

SIGNATURE I DATE ITELE

USHR v. 112017 ms Instructions for Completing U.S. House of Representatives Substitute W-9 and ACH Vendor/Miscellaneous Payment Enrollment Form

Section I -Agency Information - Includes the name and address, agency identifier, agency location code and telephone number for the House of Representatives.

Section II - Payee/Company Information - Print or type the name of the payee/company and address that will receive payment, social security or taxpayer 10 number, contact person name, telephone number and email of the payee/company. Print or type the purchase order and remit to addresses if different from the payee/company address. Check the appropriate boxes for federal tax classification.

Section Ill - Financial Institution Information - Print or type the name and address of the payee/company's financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine-digit routing transit number, depositor (payee/company) account title and account number. Check the appropriate box for type of account. Payee/Company may include a voided check with this form .

ACH Account Information Located on a Check or Deposit Ticket

FINANCIAL INSTITUTION NAME name of the financi al institution to which the payments are to be directed

ROUTING TRANSIT NUMBER (RTN) financial institution's 9 digit routing transit number; found on the bottom of a check or deposit ticket or from your Financial Institution

ACCOUNT TITLE employee's or vendor's name on the account

ACCOUNT NUMBER account number at the financial institution

1. Routing Transit Number (RTN) - nine digits located between THOMAS B. ANDeRSON 101 two symbols . This number :~~"' :r;~· ~~ s· e:: 1 .; ~rt .·~ ~ t ( r. ~ . A 1~-: ~ .~ s identifies the bank holding your account and check processing center. $ 2. Account number- this is your complete account number.

I ' Your account number can be up to 17 digits. Please include SuNIRUST leading zeros . S11 nfr11s1 lli!nlt 3. ACH Routing Transit Number­ Automated Clearing House routing number, use this number for your Routing Transit Number (RTN ) if you bank with Sun Trust Bank.

4. Check number- This 2 3 4 information is not necessary - do not provide

Section IV- Socio-Economic Information- Check the boxes for each category, if applicable: type of business, small disadvantaged business program, HUBZone program, emerging small business, women-owned business, other preference programs, Veteran owned status and size of business. Detailed information related to Small Business programs can be found at http://www.sba.gov/.

Section V -Certification of Data By Payee/Company - Print or type the name, title/position and phone number of the Authorized official. The Authorized official must sign and date the form. SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Individual Project Order #1 with Kimley-Horn and Associates, Inc. and Sumter County Board of County Commissioners (BOCC) for Wayfinding Signs Phase III (Staff Recommends Approval). REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: Kimley-Horn and Associates, Inc Effective Date: 12/22/2020 Termination Date: 9/30/2021 Managing Division / Dept: Engineering BUDGET IMPACT: $42,215.00 FUNDING SOURCE: General Fund Type: Annual EXPENDITURE ACCOUNT: 001-340-541-3100

HISTORY/FACTS/ISSUES: On September 22, 2020, the BOCC entered into a contract with Kimley-Horn and Associates, Inc. through RFQ 030-0-2020/RS Sumter County Continuing Engineering Services. Attached for BOCC review and approval is Individual Project Order #1. Under this project, Kimley-Horn and Associates will review the existing wayfinding sign program and wayfinding master plan recommendations to develop a wayfinding sign update plan set. These plans will be used to update wayfinding signs on County and State roadways. Additionally, these plans are required to update or place any existing or new signage on the Florida Department of Transportation (FDOT ) highway system.

Kimley-Horn has been selected as they have previous experience with similar projects and agencies.

Prepared by: Steven Cohoon Grammarly Check ☒

Page 1 of 1

INDIVIDUAL PROJECT ORDER NUMBER 1

Describing a specific agreement between Kimley-Horn and Associates, Inc. (the “Consultant” or “Kimley-Horn”), and Board of Sumter County Commissioners (the “Client” or the “County”) in accordance with the terms of the Master Agreement for Continuing Engineering Services dated September 22, 2020, which is incorporated herein by reference.

Identification of Project: Project: Wayfinding Sign Phase III Client: Board of Sumter County Commissioners Project Manager: Amber Gartner, PE

Project Understanding: 1. The County previously implemented a Wayfinding Signage Master Plan in October 2012 (Phase I). Signs were installed as part of Phase II in 2014. 2. The County desires to implement additional signage as part of the Wayfinding Sign Program and modify some of the existing signs previously installed. 3. The County desires to retain Kimley-Horn to assist with the design, permitting, and bid assistance of Phase III of the County’s Wayfinding Sign Program (the “Project”). 4. The Project scope includes the replacement or new installation of approximately 35 sign locations as provided by the County. 5. Permitting will be required with Sumter County, FDOT, and Florida’s Turnpike as the maintaining agencies of the roadways where the signs will be placed. 6. Only those tasks specifically described herein are included in this proposal. If other tasks arise that the County requests Kimley-Horn to assist with a separate contract amendment will be prepared.

Provisions for Work: The services to be provided under this scope of services will be in compliance with all applicable County requirements and will be designed to meet current Florida Department of Transportation (FDOT) and Federal Highway Administration (FHWA) design criteria. All work will be completed in accordance with the following resources: 1. FDOT Design Manual 2. FDOT Standard Plans Index 3. FDOT Standard Specifications for Road and Bridge Construction 4. FHWA Manual on Uniform Traffic Control Devices (MUTCD) 5. Chapter 14-51 of Florida’s Highway Guide Sign Program Scope of Services: Kimley-Horn will perform the following tasks: Task 1 – Sign Evaluation and Location Plans A. Kimley-Horn will review the existing Wayfinding Sign Program and Wayfinding Master Plan recommendations prepared by Sumter County for the Phase III installation and identify potential gaps in signage for the County to consider in future implementations. Kimley-Horn will prepare a summary table and master signs location map showing existing and proposed wayfinding signs. B. Kimley-Horn will conduct one site visit to review the existing and proposed sign locations and document general field conditions at the proposed sign locations. C. Kimley-Horn will prepare (11”x17”) construction plans. Plans will include a 90% submittal and Final submittal. Field survey for each sign installation (right of way, boundary, topographic, SUE, etc.) is not included in this Agreement. IPO 1 – Wayfinding Sign Phase III Page 2

The plans will generally include the following: 1) Cover Sheet 2) Location Map/Key Sheet 3) General Notes Sheet 4) Quantities 5) Plan sheets depicting a schematic drawing of the general site, the sign location, dimensions and a photograph, with an indication of the placement of new signs. The dimension information will include dimensions from the intersection, road edge, back of curb, buildings, parking stalls, alley’s, or nearby fixed object that will demonstrate to the Contractor and FDOT and the COUNTY staff the location for each sign. 6) Sign replacement plan denoting locations where new sign panels or new sign panels and posts will replace existing signs at the same location. 7) Sign removal plan, as applicable 8) Foundation structural design details 9) Sign Details 10) Maintenance of Traffic index reference per the FDOT Standard Plans D. Kimley-Horn will review the existing sign locations where panels will be replaced to determine if the existing foundation will be sufficient for the proposed sign, or if new foundations will be required. E. Kimley-Horn will prepare the necessary wind loading and breakaway calculations for the sign panel and foundation design. FDOT Standard Plans may be utilized for the sign panel and foundation specifications. F. Kimley-Horn will design a “Welcome to Sumter County” sign that can be placed on low volume roadways. G. Kimley-Horn will coordinate with utilities listed on the Sunshine One-Call system to identify general locations of existing underground utilities. Underground utility locations as provided by each individual utility owner will be depicted on the plan sheet. The Scope of Services does not include subsurface utility investigations (SUE) to identify exact locations of underground utilities. Task 2 – Permitting and Coordination A. Kimley-Horn will provide the summary table and master sign location map to the County, and to The Villages for input as a local stakeholder in the Project. B. Kimley-Horn will coordinate with the County, FDOT, and adjacent land owners to determine an appropriate placement of a “Welcome to Sumter County” sign on SR 44 at the Sumter County/Lake County border. 1) As an optional service, this Scope of Services includes preparation of a sketch and legal description for an easement for the placement of this sign within private property. C. Kimley-Horn will prepare a permit application to FDOT for approval of the sign installations within their right-of-way. The County will be the applicant and provide signatures and permitting fees if required. A permitting expense task has been included to account for estimated permitting fees. D. Kimley-Horn will respond to normal and typical Requests for Additional Information and meet with the FDOT permit reviewers as appropriate. E. Kimley-Horn will coordinate with Sumter County and respond to COUNTY review comments during reviews of the 90% and Final plan submittals. Task 3 – Bid Assistance This task assumes that the solicitation of bids by qualified contractors will be handled by the COUNTY’s procurement department. Kimley-Horn will provide assistance to the County as outlined below. IPO 1 – Wayfinding Sign Phase III Page 3

A. Kimley-Horn will provide the following services during the bidding process: 1) Prepare bid form, Technical and Performance Specifications, and general conditions related to the fabrication and installation of the signage. The County shall provide all bidding, bonding, insurance and contractual specifications and requirements. Additional Services: Any services not specifically provided for in the above Scope of Services can be provided as an amendment to this IPO, such as and not limited to:

1. Survey outside of that stated in the Scope of Services, 2. Geotechnical Investigations, 3. Environmental Assessments, 4. Any other professional service not specifically described in the Scope of Services. Information provided by Client: Kimley-Horn will rely on the completeness and accuracy of all information provided by the COUNTY. Information to be provided by the County includes but is not limited to the following: 1. COUNTY brand information and graphics 2. Previous conceptual plans and background information 3. Right-of-way information Deliverables:

Kimley-Horn will provide the following deliverables: 1. Summary Table and Master Signs Location Map 2. 90% plans, quantities, and OPC 3. Final plans, quantities, and OPC 4. Bid form, specifications, and general conditions for bidding by the COUNTY IPO 1 – Wayfinding Sign Phase III Page 4

Schedule:

Kimley-Horn will perform the Scope of Services to meet a mutually agreed up on schedule. A project schedule will be provided within two weeks of a notice to proceed (NTP) purchase order (PO) from the County.

Fee and Expense: Fees for Tasks 1 through 3 will be performed for a lump sum fee of $41,215. Permit application fees will be paid for by the ENGINEER as an outside direct expense and reimbursed by the COUNTY on the monthly invoice. A budget of $5,000 has been established for this service, which is not included in the lump sum fee. If additional permit fee budget is required during the performance of the PROJECT, ENGINEER will notify the COUNTY. A breakdown by Task is provided below:

Task Description Lump Sum Fee

Task 1 – Sign Evaluation and Location Plans $27,000.00

Task 2 – Permitting and Coordination $10,555.00

Task 2A (Optional) – Preparation of sketch and legal description for $1,000.00 easement for SR 44 sign

Task 3 – Bid Assistance $2,660.00

Permitting Fee Expense Allowance $1,000.00

Attachments: Table A

ACCEPTED: BOARD OF SUMTER COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, INC.

BY: BY: Richard V. Busche P.E.

TITLE: TITLE: Senior Vice President

DATE: DATE: December 10, 2020

\\OCAFILER01\Project01\FL_OCA\Shared\New Business\Public Sector\Sumter County\2020\Cont Eng Services - Wayfinding Program Phase III\IPO 1_Wayfinding Sign Ph III_201210.docx TABLE A FEE ESTIMATE FOR PROFESSIONAL SERVICES

PROJECT: IPO 1 - WAYFINDING SIGN PHASE III FILE NO. CLIENT: BOARD OF SUMTER COUNTY COMMISSIONERS DATE: 12/10/2020 KHA PM: AMBER L. GARTNER, P.E. BASIS FOR ESTIMATE: APPROVED RATES PER RFQ 030-0-2020/RS

DIRECT LABOR ( MAN-HOURS ) Principal Sr. Engineer Senior Project Engineering Senior CAD Survey Survey Project Senior Senior Support TASK NO. DESCRIPTION Engineer Project Engineer Engineer Intern Designer Draftsperson Field Field Crew Surveyor Surveyor Planner Planner Staff LABOR SUB LABOR Manager Crew Supervisor HOURS ($) TOTAL $ 225.00 $ 195.00 $ 150.00 $ 135.00 $ 105.00 $ 130.00 $ 85.00 $ 140.00 $ 100.00 $ 120.00 $ 160.00 $ 160.00 $ 95.00 $ 70.00 ------1.0 Sign Evaluation and Location Plans 2.0 20.0 15.0 20.0 100.0 20.0 50.0 5.0 232.0 $ 27,000

2.0 Permitting and Coordination 10.0 25.0 40.0 8.0 5.0 88.0 $ 10,555

2.A. Optional Sketch and Legal Description for Easement 1000.0 $ 1,000

3.0 Bid Assistance 2.0 8.0 8.0 5.0 23.0 $ 2,660

TOTALS 2.0 32.0 15.0 53.0 148.0 20.0 58.0 0.0 0.0 0.0 0.0 0.0 0.0 15.0 343.0 1000.0 $ 41,215.00

Page 1 of 1 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Task Order #3 with WSP USA Inc. and Sumter County Board of County Commissioners (BOCC), (Staff Recommends Approval).

REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: WSP USA Inc. Effective Date: 12/22/2020 Termination Date: 12/31/2021 Managing Division / Dept: Engineering BUDGET IMPACT: $14,419.80 FUNDING SOURCE: Secondary Trust Fund Type: Capital EXPENDITURE ACCOUNT: 106-340-541-6360

HISTORY/FACTS/ISSUES: On September 22, 2020, the BOCC entered into a contract with WSP USA Inc. through RFQ 030-0- 2020/RS Sumter County Continuing Engineering Services. Attached for BOCC review and approval is Task Order #3. Under this Task, WSP will incorporate Sumter County, City of Wildwood, and Florida Department of Transportation (FDOT) comments into a conceptual corridor plan. This document will establish optimal access points, infrastructure modifications, and capacity improvements to support and manage future economic development without adversely impacting the safety and quality of life of Sumter County residents.

Project Limits: US 301 and CR 209 corridor between C 462 and the Marion County line

WSP is requested for this task to ensure there are no potential or actual conflicts of interest.

Prepared by: Steven Cohoon Grammarly Check ☒

Page 1 of 1

TASK ORDER NUMBER 3

Describing a specific agreement between WSP-USA (ENGINEER) and Sumter County in accordance with the terms of the Master Agreement for Continuing Professional Services dated September 22, 2020, which is incorporated herein by reference.

Identification of Project:

Project: Corridor Plan for US 301, CR 462 to the Marion County Line

Client: Sumter County Board of County Commissioners (BOARD)

Project Understanding:

1. The BOARD has requested a report memo outlining a plan for the US 301 corridor from County Road 462 to the Marion County Line (including improvements along CR 209 functioning as a parallel roadway to the west). The report will focus on access management decisions at each of the median openings and will contain exhibits showing the proposed solution at each median opening.

2. The ENGINEER is to provide concept drawings of up to 26 median openings based on the list of recommended modifications provided by the County. The median openings will be itemized in a table and numbered on the project layout exhibit.

3. This task will not include traffic analysis, crash analysis, survey or geotechnical services.

4. The exhibits will utilize an aerial background for concept depiction only. Design meant for construction is not included in this task.

5. The exhibits will not refer to apparent right of way. No right of way survey will be performed.

6. This scope of work does not include public outreach activities or notification of the impacted properties regarding the median modifications. It is assumed that Sumter County will provide appropriate notification to the impacted property owners at the proper stage of project development.

7. Sumter County Engineering will submit the Report to the City of Wildwood and FDOT for their comment. The ENGINEER will address comments on the report and submit up to three (3) revisions.

8. Sumter County does not desire an Engineer’s Opinion of Probable Costs as part of this task.

Scope of Services:

Task A – Project Management

The ENGINEER will perform project management duties necessary to coordinate project tasks with the County, develop and adhere to a project schedule, submit monthly invoices, and attend monthly progress meetings with Sumter County Engineering. The ENGINEER will meet with Sumter County Engineering to discuss County and agency comments on the draft and will submit up to 3 revisions.

Task B – Corridor Plan Report Development

This task will include the following components: 1. The ENGINEER will depict the County-recommended median modifications on plan sheets conceptually. Exhibits will utilize an aerial background at 1:80 scale on 11X17 pdf. The proposed median modifications may consist of directional median openings, roundabouts, new traffic signals, the elimination of traffic signals, or other intersection types. The exhibits will include up to 26 median opening modifications.

2. The ENGINEER will create a project layout exhibit showing the extents of the project corridor as a key for the individual median modification exhibits. This exhibit will utilize an aerial background at an appropriate scale to show the concept. The ENGINEER will number each median opening to correspond with the report text and each median modification exhibits.

3. The ENGINEER will provide one typical section to depict the County’s concept for CR 209 from CR 462 to the Marion County Line. The limits of the proposed CR 209 improvements will be shown on the project layout exhibit. The proposed intersection type at CR 209 and CR 466 will be shown conceptually on a separate exhibit.

4. The ENGINEER will depict the County’s concept for the CR 462 realignment. The concept includes intersections which will be shown conceptually. No intersection analyses will be conducted. The limits of the CR 462 corridor extend from CR 209 to US 301. This will consist of 5 exhibits.

Schedule: The ENGINEER will provide the above Scope of Services provided above as expeditiously as possible to meet a mutually agreeable schedule. A schedule will be established upon Notice to Proceed and maintained through the duration of the Project. The project schedule may be modified due to circumstances that arise during the execution of the Work if mutually agreed to by the ENGINEER and BOARD.

Deliverables: 1. Draft Corridor Plan Report Memorandum (PDF) (includes 3 revisions) 2. Final Corridor Plan Report Memorandum (PDF)

Method of Compensation: The ENGINEER will perform the services described herein per the fees noted below. Task Fee: Lump Sum per Task Task A: Project Management $3,314.74 Task B: Corridor Plan Report Development $11,105.06 Total $14,419.80

The above project fees and expenses will be invoiced monthly as applicable, based upon the percentage of services performed or actual services performed, and expenses incurred as of the invoice date. If additional efforts become necessary during the performance of the assignment, the ENGINEER will immediately advise the BOARD of any budget revisions.

Attachments: • Exhibit A - Fee Estimate for Professional Services

SUMTER COUNTY BOARD OF COUNTY WSP USA Inc. COMMISSIONERS

BY: ______BY:______

TITLE: ______TITLE: ______

DATE: ______DATE: ______

FEE ESTIMATE FOR PROFESSIONAL SERVICES Project: Task Order 3 - US 301 Corridor Plan Report Client: Sumter County Board of County Commissioners WSP USA PM: Lisa Fruge, PE, PMP Basis for Estimate: Approved Rates per Sumter County Continuing Services Agreement dated 9-22-2020

WSP Work Description Senior Project Graphic Project Item LABOR HOURS LABOR TOTAL Notes Engineer Engineer II Designer Administrator $196.14 $154.75 $117.19 $93.16 A Project Management 15 0 0 4 19 $3,314.74 assume a 4 month schedule, 2 virtual progress meetings; 1.5 hr Bi-Monthly Progress Meetings 3 0 0 0 3 $588.42 includes prep and minutes 2 revision review meetings in person: 1 hour each plus 2 hours Submittal Phase Review Meetings 6 0 0 0 6 $1,176.84 travel time Coordination and Oversight 6 0 0 4 10 $1,549.48 B Corridor Plan Report Development 8 23 51 0 82 $11,105.06 Corridor Plan Report Exhibits 0 11 51 0 62 $7,678.94 US 301 Median Modifications 26 median opening improvements x 0.75 hr initial, + .25 hr per Exhibits 0 6 26.5 0 32.5 $4,034.04 revision x 2 revisions per each. (concept level drawings) 4 sheets, 1hrs per sheet, 0.5 per revision x 3 revisions (concept Project Layout Exhibits 0 0 5.5 0 5.5 $644.55 level) Conceptual intersection layout 2 hours, 1 typical section: 4hr. 3 revisions x 2 hrs each (plan view of corridor will be shown on the CR 209 Concept Exhibits 0 2 10 0 12 $1,481.40 project layout exhibits) 5 sheets x 1 hr + 2 conceptual intersection layout x 2 hours; 3 CR 462 Realignment Exhibits 0 3 9 0 12 $1,518.96 revisions x 1 hrs each Consists of an opening statement and a table of improvements which correspond to the numbers on the Project Layout Exhibits. 6 Corridor Plan Summary Memo 0 12 0 0 12 $1,857.00 hours for initial draft, 2 hours per revision x 3 revisions Will undergo 4 quality control reviews (assuming 1 initial submittal Quality Control 8 0 0 0 8 $1,569.12 and 3 revisions.) 2 hours per review. TOTALS 23 23 51 4 101 $14,419.80 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Preliminary Engineer Agreement Between CSX TRANSPORTATION, INC., and Sumter County, Florida, for the opening of a new highway-rail at-grade crossing with active grade-crossing warning devices at County Road (CR) 525E, and the closure of existing CR 105 highway-rail grade crossing in Oxford and closure of existing Coleman Cemetery Drive (CR525E) highway-rail grade crossing in Coleman. (Staff Recommends Approval) REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: CSX TRANSPORTATION, INC. Effective Date: 12/22/2020 Termination Date: N/A Managing Division / Dept: Engineering / Public Works BUDGET IMPACT: $36,500 FUNDING SOURCE: Loan Construction Projects Fund Type: Capital EXPENDITURE ACCOUNT: 310-340-541-6544

HISTORY/FACTS/ISSUES:

Preliminary Engineer Agreement Between CSX TRANSPORTATION, INC., and Sumter County, Florida, for the opening of a new highway-rail at-grade crossing with active grade-crossing warning devices at County Road (CR) 525E, and the closure of existing CR 105 highway-rail grade crossing in Oxford and closure of existing Coleman Cemetery Drive (CR525E) highway-rail grade crossing in Coleman.

Prepared by: Shailesh Patel Grammarly Check ☒

Page 1 of 1 Coleman, Sumter County, FL Opening of New Crossing on CR 525E & Crossing Closures On CR-105 & Coleman Cemetery Dr. (CR 525E) DOT No. TBD; Florida Zone Wildwood Subdivision; Approx. S 766.87 CSXT OP No. TBD

PRELIMINARY ENGINEERING AGREEMENT

This Preliminary Engineering Agreement (this “Agreement”) is made as of ______, 20_____, by and between CSX TRANSPORTATION, INC., a Virginia corporation with its principal place of business in Jacksonville, Florida (“CSXT”), and SUMTER COUNTY BOARD OF COUNTY COMISSIONERS, a body corporate and political subdivision of the State of Florida (“Agency”).

EXPLANATORY STATEMENT

1. Agency wishes to facilitate the development of the proposed preliminary engineering for opening of a new highway-rail at-grade crossing with active grade-crossing warning devices at County Road (CR) 525E, approximately at Railroad Milepost S 766.87 in Coleman, Sumter County, Florida, Florida Zone, Wildwood Subdivision, and the closure of existing CR 105 highway- rail grade crossing, Department of Transportation Crossing Number 625107F, Railroad Milepost Number S 756.28 in Oxford, Sumter County, Florida, Florida Zone, Wildwood Subdivision, and closure of existing Coleman Cemetery Drive (CR 525E) highway-rail grade crossing, Department of Transportation Crossing Number 625282W, Railroad Milepost Number S 766.92 in Coleman, Sumter County, Florida, Florida Zone, Wildwood Subdivision (the “Project”).

2. Agency has requested that CSXT proceed with certain necessary engineering and/or design services for the Project to facilitate the parties’ consideration of the Project.

3. Subject to the approval of CSXT, which approval may be withheld for any reason directly or indirectly related to safety or CSXT operations, property, or facilities, the Project is to be constructed, if at all, at no cost to CSXT, under a separate construction agreement to be executed by the parties at a future date.

NOW, THEREFORE, for and in consideration of the foregoing Explanatory Statement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the parties agree as follows:

1. Scope of Work

1.1. Generally. The work to be done by CSXT under this Agreement shall consist of: (i) the preparation or review and approval of preliminary and final engineering and design plans, specifications, drawings, agreements and other documents pertaining to the Project, (ii) the preparation of cost estimates for CSXT's work in connection with the Project, and (iii) the review of construction cost estimates, site surveys, plats, legal descriptions, assessments, studies, easements, agreements and related construction documents submitted to CSXT by Agency for the Project (collectively, the “Engineering Work”). Engineering Work may also include office reviews, field reviews, attending hearings and meetings, and preparing correspondence, reports, and other documentation in connection with the Project. Nothing contained in this Agreement shall oblige CSXT

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to perform work which, in CSXT’s opinion, is not relevant to CSXT’s participation in the Project.

1.2. Effect of CSXT Approval or Preparation of Documents. By its review, approval or preparation of plans, specifications, drawings or other documents pursuant to this Agreement (collectively, the “Plans”), CSXT signifies only that the Plans and the Project proposed to be constructed in accordance with the Plans satisfy CSXT’s requirements. CSXT expressly disclaims all other representations and warranties in connection with the Plans, including, but not limited to, the integrity, suitability or fitness for the purposes of Agency or any other persons of such Plans or the Project constructed in accordance with the Plans.

2. Project Construction. Nothing contained in this Agreement shall be deemed to constitute CSXT's approval of or consent to the construction of the Project, which approval or consent may be withheld for any reason directly or indirectly related to safety or CSXT operations, property, or facilities. The Project if constructed is to be constructed, if at all, under a separate construction agreement to be executed by the parties at a future date.

3. Reimbursement of CSXT Expenses.

3.1. Reimbursable Expenses. Agency shall reimburse CSXT for all costs and expenses incurred by CSXT in connection with the Engineering Work, including, without limitation: (i) all out of pocket expenses, (ii) travel and lodging expenses, (iii) telephone, facsimile, and mailing expenses, (iv) costs for equipment, tools, materials and supplies, (v) sums paid to consultants and subcontractors, and (vi) labor, together with labor overhead percentages established by CSXT pursuant to applicable law (collectively, the “Reimbursable Expenses”).

3.2. Estimate. CSXT has estimated the total Reimbursable Expenses for the Project to be approximately thirty-six thousand five hundred dollars and zero cents ($36,500.00) (the “Estimate” as amended or revised). In the event CSXT anticipates that actual Reimbursable Expenses may exceed such Estimate, it shall provide Agency with the revised Estimate of total Reimbursable Expenses for Agency's approval and confirmation that sufficient funds have been appropriated to cover the total Reimbursable Expenses as reflected in the revised Estimate. CSXT may elect, by delivery of notice to Agency, to immediately cease all further Engineering Work, unless and until Agency provides such approval and confirmation.

3.3. Payment Terms.

3.3.1. Advance Payment in Full. Upon execution and delivery of this Agreement by Agency, Agency will deposit with CSXT a sum equal to the Reimbursable Expenses, as shown by the Estimate. Agency shall pay CSXT for Reimbursable Expenses in the amount set forth in CSXT Schedule PA attached hereto, a copy of which shall accompany the advance payment. If CSXT anticipates that it may incur Reimbursable Expenses in excess of the deposited amount, CSXT will request an additional deposit equal to the then remaining Reimbursable Expenses which CSXT estimates that it will incur. CSXT shall request such additional deposit by delivery of invoices to Agency. Agency shall make such additional deposit within thirty (30) days following delivery of such invoice to Agency.

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3.3.2. Following completion of all Engineering Work, CSXT shall reconcile the total Reimbursable Expenses incurred by CSXT against the total payments received from Agency and shall submit to Agency a final invoice if required. Agency shall pay to CSXT the amount by which actual Reimbursable Expenses exceed total payments, as shown by the final invoice, within thirty (30) days following delivery to Agency of the final invoice. CSXT will provide a refund of any unused deposits if the deposit exceeds the incurred Reimbursable Expenses for the Project.

3.3.3. In the event that Agency fails to pay CSXT any sums due CSXT under this Agreement: (i) Agency shall pay CSXT interest at the lesser of 1.0% per month or the maximum rate of interest permitted by applicable law on the delinquent amount until paid in full; and (ii) CSXT may elect, by delivery of notice to Agency: (A) to immediately cease all further work on the Project, unless and until Agency pays the entire delinquent sum, together with accrued interest; and/or (B) to terminate this Agreement.

3.4. Effect of Termination. Agency’s obligation to pay CSXT Reimbursable Expenses in accordance with this Section shall survive termination of this Agreement for any reason.

4. Appropriations. Agency represents to CSXT that: (i) Agency has obtained appropriations sufficient to reimburse CSXT for the Reimbursable Expenses encompassed by the initial Estimate; (ii) Agency shall use its best efforts to obtain appropriations necessary to cover Reimbursable Expenses encompassed by subsequent Estimates approved by Agency; and (iii) Agency shall promptly notify CSXT in the event that Agency is unable to obtain such additional appropriations.

5. Termination.

5.1. By Agency. Agency may terminate this Agreement, for any reason, by delivery of notice to CSXT. Such termination shall become effective upon the expiration of fifteen (15) calendar days following delivery of notice to CSXT or such later date designated by the notice.

5.2. By CSXT. CSXT may terminate this Agreement (i) as provided pursuant to Section 3.3.3., or (ii) upon Agency’s breach of any of the terms of, or its obligations under, this Agreement and such breach continues without cure for a period of ninety (90) days after written notification from CSXT to Agency of such breach.

5.3. Consequences of Termination. If the Agreement is terminated by either party pursuant to this Section or any other provision of this Agreement, the parties understand that it may be impractical to immediately stop the Engineering Work. Accordingly, both parties agree that, in such instance a party may continue to perform Engineering Work until it has reached a point where it may reasonably and/or safely suspend the Engineering Work. Agency shall reimburse CSXT pursuant to this Agreement for the Engineering Work performed, plus all costs reasonably incurred by CSXT to discontinue the Engineering Work and all other costs of CSXT incurred as a result of the Project up to the time of full suspension of the Engineering Work. Termination of this Agreement or Engineering Work on the Project, for any reason, shall not diminish or reduce Agency’s obligation to pay CSXT for Reimbursable Expenses incurred in accordance with this Agreement. In the event of the termination of this Agreement or the Engineering Work for any reason, CSXT’s only remaining obligation to Agency shall be to

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refund to Agency payments made to CSXT in excess of Reimbursable Expenses in accordance with Section 2.

6. Subcontracts. CSXT shall be permitted to engage outside consultants, counsel and subcontractors to perform all or any portion of the Engineering Work.

7. Notices. All notices, consents and approvals required or permitted by this Agreement shall be in writing and shall be deemed delivered (i) on the expiration of three (3) days following mailing by first class U.S. mail, (ii) on the next business day following mailing by a nationally recognized overnight carrier, or (iii) on the date of transmission, as evidenced by written confirmation of successful transmission, if by facsimile or other electronic transmission if sent on a business day (or if not sent on a business day, then on the next business day after the date sent), to the parties at the addresses set forth below, or such other addresses as either party may designate by delivery of prior notice to the other party:

If to CSXT: CSX Transportation, Inc. 500 Water Street, J301 Jacksonville, Florida 32202 Attention: Project Manager – Public Projects

If to Agency: Sumter County Board of County Commissioners 319 East Anderson Avenue Bushnell, Florida 33513 Attention: Public Works Director/County Engineer

Entire Agreement. This Agreement embodies the entire understanding of the parties, may not be waived or modified except in a writing signed by authorized representatives of both parties, and supersedes all prior or contemporaneous written or oral understandings, agreements or negotiations regarding its subject matter. In the event of any inconsistency between this Agreement and the Exhibits, the more specific terms of the Exhibits shall be deemed controlling.

8. Waiver. If either party fails to enforce its respective rights under this Agreement, or fails to insist upon the performance of the other party’s obligations hereunder, such failure shall not be construed as a permanent waiver of any rights or obligations in this Agreement.

9. Assignment. CSXT may assign this Agreement and all rights and obligations herein to a successor in interest, parent company, affiliate, or future affiliate. Upon assignment of this Agreement by CSXT and the assumption by CSXT’s assignee of CSXT’s obligations under this Agreement, CSXT shall have no further obligations under this Agreement. Agency shall not assign its rights or obligations under this Agreement without CSXT’s prior written consent, which consent may be withheld for any reason.

10. Applicable Law. This Agreement shall be governed by the laws of the State of Florida, exclusive of its choice of law rules. The parties further agree that the venue of all legal and equitable proceedings related to disputes under this Agreement shall be situated in Duval County, Florida, and the parties agree to submit to the personal jurisdiction of any State or Federal court situated in Duval County, Florida.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate, each by its duly authorized officers, as of the date of this Agreement.

Sumter County Board of County Commissioners

By: ______Print Name: ______Title: ______

CSX TRANSPORTATION, INC.

By: ______Scott Willis Project Manager – CSXT Public Projects

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CSXT Schedule PA

PAYMENT SUBMISSION FORM

Project Description: Coleman, Sumter County, FL; Opening of New Crossing at CR 525E & Closure of two Crossings on CR 105 & CR 525E; DOT TBD; Florida Zone; Wildwood Subdivision; Approx. S 766.80

CSXT OP# TBD (To be filled in by CSXT)

****************************************************************************** Payment may be made via paper check or ACH/EFT payment as detailed below. Payment due prior to work commencing.

*********Mail a Check********* *******ACH/EFT Payment******* Mail this form, along with your paper Submit Payment to: check (do not send the Agreement) to the following address: CSXT Govt. Billing OR P.O. Box 530192 CSX Transportation, Inc. Atlanta, GA 30353-0192 P.O. Box 530192 Atlanta, GA 30353-0192 Acct # 1219082172 ACH ABA# 267084199 ****************************** ******************************

When submitting payment VIA EITHER CHECK OR ACH/EFT, send a photocopy of the check or associated ACH/EFT payment info, along with this form via email/mail to:

Project Manager II - Public Projects PM’s address, email & phone info

****************************************************************************** (All information below to be completed by Agency providing Payment)

Sponsor Name Payment Date Check # Amount

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ACCT. CODE : 709 - TBD Form Revision 09/25/20

ESTIMATE SUBJECT TO REVISION AFTER: 12/9/2021 DOT NO.: TBD CITY: Coleman COUNTY: Sumter STATE: FL DESCRIPTION: Preliminary Engineering for proposed new crossing with active grade crossing warning devices at CR- 525W and closure of crossing at CR-105 (625107F / S 756.28) and closure of crossing at Coleman Cemetery Drive/CR 525E (625282W / S 766.92). ZONE: Florida SUB-DIV: Wildwood MILE POST: ~ S 766.87 AGENCY PROJECT NUMBER: Sumter County Board of County Commissioners

PRELIMINARY ENGINEERING: 212 Contracted & Administrative Engineering Services $ 36,500 Subtotal $ 3 6,500

CONSTRUCTION ENGINEERING/INSPECTION: 212 Contracted & Administrative Engineering Services $ - Subtotal $ -

FLAGGING SERVICE: (Contract Labor) 70 Labor (Conductor-Flagman) 0 Days @ $ 350.00 $ - 50 Labor (Foreman/Inspector) 0 Days @ $ 504.00 $ - 70 Additive 137.00% (Transportation Department) $ - 50 Additive 148.00% (Engineering Department) $ - Subtotal $ -

SIGNAL & COMMUNICATIONS WORK: $ -

TRACK WORK: $ -

PROJECT SUBTOTAL: $ 3 6,500 900 CONTINGENCIES: 0.00% $ -

PROJECT TOTAL: ***************************************************** $ 36,500 CURRENT AUTHORIZED BUDGET: ***************************************************** $ - TOTAL SUPPLEMENT REQUESTED: ***************************************************** $ 3 6,500

DIVISION OF COST: Agency 100.00% $ 36,500 Railroad 0.00% $ -

NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces. This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and other factors known as of the date prepared. The actual cost for CSXT work may differ based upon the agency's requirements, their contractor's work procedures, and/or other conditions that become apparent once construction commences or during the progress of the work

Office of Chief Engineer Public Projects--Jacksonville, Florida Estimated prepared by: Benesch - CDS Approved by: KSW CSXT Public Project Group DATE: 12/09/20 REVISED: 01/00/00 DATE: 12/14/20 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Approve Change Order #1 for Contract with D.A.B. Constructors, Inc. for Jumper Creek Bridge 25th Street Crossing Improvement Project.

REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: D.A.B. Constructors, Inc. Effective Date: 12/22/2020 Termination Date: N/A Managing Division / Dept: Engineering BUDGET IMPACT: $50,917.88 FUNDING SOURCE: General Fund Type: Capital EXPENDITURE ACCOUNT: 001-131-538-6304

HISTORY/FACTS/ISSUES: ITB 010-0-2020/RS, Sumter County Jumper Creek Bridge 25th Street Crossing Improvement Project was awarded to D.A.B. Constructors, Inc. on March 24, 2020, for the base bid of $488,888.88. Due to inconsistencies in the plan set, the Contractor incorrectly placed the eastern footer. The Contractor removed and replaced the eastern footer to ensure the structure could withstand future capacity needs. Consistent with Article 11.05 Owner-Authorized Changes in the Work, such changes may be accomplished by a Change Order if Owner and Contractor have agreed as to the effect if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. In total, the Contractor will be compensated $50,917.88 for said removal and replacement.

Prepared by: Shailesh Patel Grammarly Check ☒

Page 1 of 1

CHANGE ORDER NO. 1

______

Project: ITB # 010-0-2020/RS

Contractor: D.A.B. Constructors, Inc.

Project Description: 25th Street Crossing Improvement Project, Sumter County

DATE OF ISSUANCE: 12/22/2020 _____ EFFECTIVE DATE: 12/22/2020 _____

The following changes to the contract will be incorporated: Due to inconsistencies in the plan set, the Contractor incorrectly placed the eastern footer. The Contractor removed and replaced the eastern footer to ensure the structure could withstand future capacity needs. Consistent with Article 11.05 Owner-Authorized Changes in the Work, Such changes may be accomplished by a Change Order if Owner and Contractor have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. In total, the Contractor will be compensated $50,917.88 for said removal and replacement.

ATTACHMENTS: Yes

CHANGE IN CONTRACT PRICE Original Contract TIME: 90 days ORIGINAL CONTRACT PRICE $488,888.88 Final Completion: 08/10/2020

Net Change From Previous Change Orders: Net Increase From Previous Change Orders $0.00 0 days

Contract Price Prior to this Change Order: Contract Times Prior to This Change Order: 90 days $ 488,888.88 Final Completion: 08/10/2020

Net Increase (Decrease) This Change Order: Net Change This Change Order: $ 50,917.88 (0 days)

Contract Price with All Change Orders: Contract Times with Approved Change Orders: 90 days $ 539,806.76 Final Completion: 08/10/2020

RECOMMENDED APPROVED ACCEPTED: Digitally signed by Shailesh Patel DN: cn=Shailesh Patel, o=Sumter County, Digitally signed by Kathryn D Barnes ou=Public Works, DN: CN=Kathryn D Barnes, OU=A01410C0000016FFC5A2F0B0000FCFF, Shailesh Patel [email protected], Kathryn D Barnes O=D.A.B. CONSTRUCTORS INC., C=US c=US Date: 2020.12.15 11:24:40-05'00' By:______Date:___ 2020.12.15 ______11:35:43 -05'00' By:______By:______

County PM County Contractor 12/15/2020 DATE______DATE ______DATE______12/15/20 PROPOSAL-JUMPER CREEK-FOOTER REWORK PROPOSAL

Biditem Description Quantity Units Unit Price Bid Total 500 Lovin -DAB Footer Issues 1.000 LS 51503.81 51,503.81 Total $51,503.81

TOTAL SUBMITTED 50,917.88 NOTES: 1.00 Cost details from Lovin are attached 2.00 Orignal Offer of $50,917.88 will stand COST DETAIL-FOOTER REWORK-LOVIN CONST

Biditem Lovin -DAB Footer Issues Takeoff Qty: 1.000 LS 500 Bid Qty: 1.000 LS

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 6,522.52 2,107.08 8,629.60 3,764.54 941.60 302.28 31,841.90 1,000.00 46,479.92 Total 6,522.52 2,107.08 8,629.60 3,764.54 941.60 302.28 31,841.90 1,000.00 46,479.92

Activity: 500.1 LOVIN CONST Quantity: 1.00 Unit: LS

Calendar: 50H 50 Hour Week | 5 Days Hrs/Shift: 10 WC: 5507 Street or Road Subsurface

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 4LOVIN LOVIN CONSTRUCTION 1.00 1.00 LS US$ 31,394.67 100.00 31,394.67 31,394.67

Activity: 500.2 DEWATERING AND MATERIALS Quantity: 1.00 Unit: LS

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 0.00 0.00 0.00 0.00 941.60 0.00 233.31 1,000.00 2,174.91 Total 0.00 0.00 0.00 0.00 941.60 0.00 233.31 1,000.00 2,174.91

Notes: loss and replacement of 57 stone

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 2-100-04 FDOT Coarse Aggregate-Stone 1.00 40.00 TN US$ 22.00 107.00 23.54 941.60 4PUMP PUMP AND HOSES 1.00 7.00 DAY US$ 33.33 100.00 33.33 233.31 5-1-7 Hauling - Bedding Stone / Ag 1.00 40.00 TN US$ 25.00 100.00 25.00 1,000.00

Activity: 500.5 MAINT OF EROSION AND PUMPS Quantity: 1.00 Unit: LS

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 356.50 149.59 506.09 444.40 0.00 0.00 0.00 0.00 950.49 Total 356.50 149.59 506.09 444.40 0.00 0.00 0.00 0.00 950.49

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 8COMP-00 Personal Electronics - Field 1.00 20.00 HR US$ 0.75 100.00 0.75 15.00 8PT-002 Pickup Truck, 3/4 TN & 1 TN 1.00 20.00 HR US$ 21.47 100.00 21.47 429.40 LABOR-002 Laborer, Skilled 1.00 20.00 MH US$ 15.50 115.00 25.30 506.09 Activity: 101-8 Survey & Layout (Unreviewed) Quantity: 1.00 Unit: ED

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 916.02 311.23 1,227.25 480.15 0.00 50.83 0.00 0.00 1,758.23 Total 916.02 311.23 1,227.25 480.15 0.00 50.83 0.00 0.00 1,758.23

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 3-1-10 Survey Stakes 1.00 0.50 /100 US$ 95.00 107.00 101.66 50.83 3-1-13 GPS Modeling 1.00 0.10 LS US$ 0.00 107.00 0.00 0.00 8COMP-00 Personal Electronics - Field 1.00 13.00 HR US$ 0.75 100.00 0.75 9.75 8PT-001 Pickup Truck, 1/2 TN 1.00 13.00 HR US$ 21.47 100.00 21.47 279.11 8PT-004 Pickup Truck, 1/2 TN - MGMT 0.35 4.55 HR US$ 21.47 100.00 21.47 97.69 8SURVEY-001 GPS, Base Station & Rover 1.00 13.00 HR US$ 4.25 100.00 4.25 55.25 8SURVEY-002 GPS, Radio Extender 1.00 13.00 HR US$ 0.50 100.00 0.50 6.50 8SURVEY-003 GPS, Data Collector 1.00 13.00 HR US$ 0.65 100.00 0.65 8.45 8SURVEY-004 Total Station & Prism 1.00 13.00 HR US$ 1.30 100.00 1.30 16.90 8SURVEY-005 Level & Rod 1.00 13.00 HR US$ 0.50 100.00 0.50 6.50 SURVEY-001 Survey Manager 0.35 4.55 MH US$ 70.00 61.54 56.46 256.91 SURVEY-002 Survey Party Chief 1.00 13.00 MH US$ 30.00 123.08 48.22 626.86 SURVEY-003 Survey Rodman 1.00 13.00 MH US$ 15.00 123.08 26.42 343.48

Activity: 2 MAINTENACE OF TRAFFIC (Unreviewed) Quantity: 1.00 Unit: LS

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 0.00 0.00 0.00 0.00 0.00 0.00 213.92 0.00 213.92 Total 0.00 0.00 0.00 0.00 0.00 0.00 213.92 0.00 213.92

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 4-2-01 MOT Devices 1.00 7.00 DAY US$ 23.20 100.00 23.20 162.40 4MAINTPED mot sign ped bridge 1.00 7.00 DAY US$ 7.36 100.00 7.36 51.52

Activity: 101-1 Project Oversite - Small Project (Unreviewed) Quantity: 5.00 Unit: ED

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 1,050.00 329.25 1,379.25 568.00 0.00 0.00 0.00 0.00 1,947.25 Total 5,250.00 1,646.26 6,896.26 2,839.99 0.00 0.00 0.00 0.00 9,736.25

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 8COMP-01 Personal Electronics - Mngr. 2.00 125.00 HR US$ 1.25 100.00 1.25 156.25 8EQUIPADJ Equipment Adjustment 1.00 0.06 LS US$ 0.00 100.00 0.00 0.00 8PT-001 Pickup Truck, 1/2 TN 1.00 62.50 HR US$ 21.47 100.00 21.47 1,341.87 8PT-004 Pickup Truck, 1/2 TN - MGMT 1.00 62.50 HR US$ 21.47 100.00 21.47 1,341.87 PROJMNGR-002 Project Manager 1.00 62.50 MH US$ 60.00 80.00 62.39 3,899.44 SUPER-003 Assistant Superintendent 1.00 62.50 MH US$ 45.00 80.00 47.95 2,996.82 Activity: 101-4 Project Indirects (Unreviewed) Quantity: 5.00 Unit: ED

Base Labor Burden Total Labor Equipment Perm Matls Const Matls Sub Trucking Total U. Cost 0.00 0.00 0.00 0.00 0.00 50.29 0.00 0.00 50.29 Total 0.00 0.00 0.00 0.00 0.00 251.45 0.00 0.00 251.45

Resource Description Pcs/Wste Quantity Unit Unit Cost Tax/OT % Actual UC Total 3-1-01 CONEX Box for Project 1.00 0.00 DA US$ 4.00 107.00 0.00 0.00 3-1-02 Portable Toilet 1.00 5.00 DA US$ 12.00 107.00 12.84 64.20 3-1-03 Project Information Signs 0.00 0.00 EA US$ 1,200.00 107.00 0.00 0.00 3-1-05 Dumpster Including Disposal 0.00 0.00 DA US$ 50.00 107.00 0.00 0.00 3-1-06 Misc. Tools, Paint, etc. 1.00 5.00 DA US$ 5.00 107.00 5.35 26.75 3-1-07 Water from Municipality 1.00 5.00 DA US$ 30.00 107.00 32.10 160.50 3-1-08 Hydrant Meter Rental 0.00 0.00 DA US$ 10.00 107.00 0.00 0.00 3-1-12 Aerial Photographs 0.00 0.00 DA US$ 15.00 107.00 0.00 0.00 LOVIN CONSTRUCTION 6204 33RD STREET EAST BRADENTON, FLORIDA 34203

TELEPHONE (941) 755-4312 FAX (941) 758-7184

June lOth, 2020

SE 25th Street Jumper Creek Crossing Improvements ITB # 010-0-2020/RS Sumter County, FL Plans Dated 12/17/2019

Request for Change Order

Due to the lack of information provided in the plans and now "realized" by EOR and Sumpter County. We are requesting additional compensation to remove and replace footing constructed under the impression there was only to be 1 future pipe opening, this along with the added concrete, steel, anchor rods, PVC and Misc. hardware needed to accommodate. Request for C.O. Lump Sum $31,395.00

Agreed to Conditions Still apply. Price excludes Cofferdams, Bypass pumping, Dewatering, demo and removal of existing pipes, all of which assumed in place or complete prior to MOB.

Special Conditions: No bond (add 1.75% if required), permits, fees, testing, inspections, survey, backfill, MOT, Ditch Pavement or erosion control is included above. Access Provided by Others. Pricing based on mutually agreed upon schedule.

If you have any questions, please contact our office.

Sincerely, ENGINEER'S COST ESTIMATE FOR EXTRA WORK

FIN#: NA Contract#; NA Fed Proj. #: Jumper Creek Point of Contact (Namc!Phonc #): Tro Timmons Email Address: Lovin-cons\1\ldon:ave-rizon net Estimate Prepared By: Tro Timmons Company: Lovin Construction

SUB·CONTRACTOR: Timmons Contracting , Inc. dba Lovin Construction

a) LABOR and BURDEN

LABOR plus BURDEN LABOR TIME UNIT RATE BURDEN {%) SUB·TOTAL Foreman 40.00 HR $ 24.21 34.81% $ 1 305.50 Skilled laborer 40.00 HR $ 19.50 34.81% $ 1 051.52 Skilled laborer 40.00 HR $ 18.25 34.81% $ 984.11 laborer 40.00 HR $ 16.50 34.81% $ 889.75 laborer 40.00 HR $ 14.00 34.81% $ 754.94 So rintendant 20.00 Sal $ 53.75 34.81% $ 1 449.21

TOTAL LABOR and BURDEN $ 6,435,02

b) MATERIALS AND SUPPLIES

CTY. RATE 4925.6if .:

TOTAL MATERIALS AND SUPPLIES $ 12,578.45

c) EQUIPMENT

I 50% of FHWA Ratewl HRS OWnership SUB·TOTAL Adjustments Cost w/ HRS

27. 2. ="" i1 I ~ = ~ TOTAL EQUIPMENT $ 7,705.40 TOTAL COST $ 28,718.87

d) INDIRECT COST, EXPENSES, AND PROFIT

{1) 17.5% of the sum of a), b), & c) above: $ 4,675.80 (t)(i) BOND; For any additional bond for the addillonal or unforeseen work, the Contractor shall provide clear and convincing proof that the bond has actually been provided ??? and paid for a separate bond premium for such addilional or unforeseen work. TOTAL INDIRECT COST, EXPENSES, AND PROFIT $ 31,394.67

Page 1oft Appendix B Pricing Special Conditions

Subcontractor: �ACME BARRICADES, L.C. D.A.B. Job No: 693 � 9800 NORMANDY BLVD FDOT Fiancial No.: N/A � Address: JACKSONVILLE, FL 32221 Federal Aid No.: N/A Telephone No.: 908-781-1950 FDOT Contract No.: ITB-010-0-2020/RS Facsimilie No: 904-781-1521 SUMTER COUNTY 25TH STREET CROSSING Project Description: Primary Contact: MIKE MOORE IMPROVEMENTS Email Address: [email protected] Project Location: SUMTER COUNTY FEIN: 59-3541899

Pay Item No. Description Est. Quantity (+/-) Unit Unit Price Extension 2-A WORK ZONE SIGNS 720.00 ED $ 0.25 $ 180.00 2-B BARRICADES TEMP TY 1, 2, VP, DI, OR DRUM 720.00 ED $ 0.11 $ 79.20 2-C BARRICADES TEMP TYPE 3 360.00 ED $ 0.30 $ 108.00 2-D SIGN VARIABLE MESSAGE (TEMP) 14.00 ED $ 12.00 $ 168.00 POST MOUNTED DETOUR (IF NEEDED) 1.00 LS $ 950.00 $ 950.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subcontract Total: $ 1,485.20

Notes: 1) CANNNOT USE DEEP POST ON END ANCHOR SYSTEM PER PLANS 2) ITEM 12 INCLUDES 1/2 POST SPACING PEE PLANS

Subcontractor’s Initials: ______Prime’s Initials:______Appendix B Pricing Special Conditions

Subcontractor: �CENTRAL TESTING LABORATORY, INC. D.A.B. Job No: 693 � 5400 S. Florida Ave FDOT Fiancial No.: N/A � Address: Inverness, FL 34450 Federal Aid No.: N/A Telephone No.: 352-726-6447 FDOT Contract No.: ITB-010-0-2020/RS Facsimilie No: SUMTER COUNTY 25TH STREET CROSSING Project Description: Primary Contact: MIKE DAVIS IMPROVEMENTS Email Address: [email protected] Project Location: SUMTER COUNTY FEIN: 59-3638395

Pay Item No. Description Est. Quantity (+/-) Unit Unit Price Extension 0101-1 Quality Control Testing - NTE 1.00 LS $ 5,000.00 $ 5,000.00

RATE SCHEDULE CTQP TECNICIAN SERVICES 75.25 HR $ 52.00 MAC / ADMIN 3.75 HR $ 45.00 QC MANAGER 3.5 HR $ 85.00 CONCRETE CYLINDER TESTING 28 HR $ 22.00

Subcontract Total: $ 5,000.00

Notes:

Subcontractor’s Initials: ______Prime’s Initials:______Appendix B Pricing Special Conditions

Subcontractor: ACME Barricades, L.C. D.A.B. Job No: 693 � 2611 S. 82nd ST. FDOT Fiancial No.: N/A � Address: Tampa, FL 33619 Federal Aid No.: N/A Telephone No.: 813-623-ACME FDOT Contract No.: ITB-010-0-2020/RS Facsimilie No: 813-623-2045 SUMTER COUNTY 25TH STREET CROSSING Project Description: Primary Contact: Russell Abell IMPROVEMENTS Email Address: [email protected] Project Location: SUMTER COUNTY FEIN: 59-3541899

Pay Item No. Description Est. Quantity Unit Unit Price Extension 20 ONE LANE BRIDGE 36X36 BLK ON YELLOW 2.00 EA $ 112.00 $ 224.00 20 14' GALVANIZED U POSTS 2.00 EA $ 48.28 $ 96.56 INSTALL FEE 2.00 EA $ 75.00 $ 150.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Subcontract Total: $ 470.56 Notes:

Subcontractor’s Initials: ______Prime’s Initials:______D.A.B 693-R-05 Constructors, Inc. VENDOR P.O. Box 1589 Inglis, FL. 34449 PURCHASE ORDER Phone: (352) 447-5488 Fax: (352) 447-4133 DATE: 06/30/20 This order number must appear on all correspondence invoices packages, and shipping papers. 8 TO: __M_W __r ______H______SE 25TH STREET JUMPER CREEK ___ 1 7905 BASELINE CT P ______SUMTER COUNTY ___

TAMPA, FL 33637 T Main Contract # ITB-01 0·0·2020/RS Ph: 813-899-2863 Fax: ------0 Federal Aid Project Number: N/A TERMS: SHIP VIA F.O.B. Jobsi.te Per Reverse aide of this P.O.

Line Quantity +/­ Item Number Description Unit Price Per Amount+/­

1 1 00004 MALE CAM XMALE CAM $700.00 MO $ 700.00 2 $233.33 WK $ . 3 $77.78 DY $ . 4 2 4X20 CAM SUCTION $75.00 MO $ 150.00 5 $25.00 WK $ . 6 $8.33 DY $ . 7 2 4X50 CAM DISCHARGE $75.00 MO $ 150.00 8 $25.00 WK 9 $8.33 DY 10 2 DELIVERY/PICKUP $200.00 EA $ 400.00 11 1 ENVIRONMETAL FEE $7.00 EA $ 7.00 All materials to be furnished and certified by the manufacturer to Plus Tax be in strict conformance to plans, specifications, AND special provisions of the main contract. Sheet 1 Total = $ 1,407.00 INADEQUATE SERVICE WILL MAKE THIS PURCHASE ORDER VOIDABLE.

SUBJECT TO CONDITIONS HEREIN &THOSE ON THE REVERSE SIDE AUTHORIZED REPRESENTATIVE OF ABOVE STATED COMPANY MUST SIGN ACCEPTANCE. THE AUTHORIZED SIGNER FOR THE STATED COMPANY HAS READ, UNDERSTANDS, AND ACKNOWLEDGES THAT THIS CONTRACT IS ALSO SUBJECT TO THE TERMS AND CONDITIONS ON PAGE 2 ATTACHED.

CHRIS WILHELM Vendor Contact: DAB Contact: LYSLE TOWER 352-436-2994 [email protected]

Job# 693 Notes:

CC: ACCT, FILE Ordered By: LYSLE TOWER fJL( fb Accepted By: Fonn: Page 1 of 4 ·CONTINUATION SHEET 1 OF 3 Title: ------

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011�34567841�96768������������������734�011�78�95��76�67�6�� SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Reverse One Sumter Ballot Question (Board’s Option). REQUESTED ACTION: Board’s Option

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Administrative Services BUDGET IMPACT: N/A FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

The topic of transition from a Board of County Commissioners elected at-large (countywide) (One Sumter) to single-member district election (Reverse One Sumter) is the focus of this agenda item for the Board’s discussion and direction. The Supervisor of Elections and the County Attorney will be present to assist with the discussion.

In 2004 the voters passed the One Sumter referendum with the language of:

“Shall the five members of the Board of County Commissioners of Sumter County, Florida, be elected to office from at large districts by qualified electors residing in Sumter County?”

The vote occurred on August 31, 2004, with the total vote passing the referendum at 51.44% to 48.56% (10,577 to 9,983 votes).

In 2008 the voters did not pass the Reverse One Sumter referendum with the language of:

“Shall the five members of the Board of County Commissioners of Sumter County, Florida, be elected to office from single-member districts by electors residing in each of those districts only?”

The vote occurred on November 4, 2008, with the total vote not passing the referendum at 61.17% to 38.83% (28,012 to 17,782 votes).

Following the Special Called Meeting on December 15, 2020, the Board narrowed the options for the Board to consider at this meeting as follows:

Option 1: Approve the ballot question to Reverse One Sumter for the August 2022 Primary Election.

Option 2: Wait for the certification of a petition from registered voters for the ballot question to Reverse One Sumter before approving the ballot question for the next primary or general election in 2022. Prepared by: Bradley Arnold Grammarly Check ☒

Page 1 of 1 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Public Awareness Reserve Special Assessment (Board’s Option).

REQUESTED ACTION: Board’s Option of one lump sum payment or two equal installments

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Administrative Services BUDGET IMPACT: $5,995 for Lump Sum Payment or $2,997.50 over two years FUNDING SOURCE: Type: Annual EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

Public Awareness Reserves expenses are budgeted at $65,000 for FY2020/21. This reserve was developed in 2006 to provide a dedicated funding source for statewide awareness and education issues, allowing the Florida Association of Counties (FAC) to effectively respond to major initiatives facing counties. Providing a visible and influential voice on issues of statewide importance is considered crucial for the on-going success of the organization. Usage of this fund in FY2020/21 is for the continued funding ($60,000) of the Keep it Local, Florida campaign to include video production, and ($5,000) for a home rule toolkit.

In FY2019, a special assessment of $1,000,000 was approved by the Board of Directors to replenish the FAC Public Awareness Reserve. This amount was assessed beginning in FY2020 based upon the 2018 UF BEBR population estimates. It is to be paid in a lump sum or over a three-year horizon, at the county’s option. Sumter County has not elected whether to pay this as a lump sum or over two years.

Prepared by: Leslie Smith Grammarly Check ☒

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April 19, 2019

Bradley Arnold, County Administrator Sumter County 7375 Powell Rd., Ste. 200 Wildwood, FL 34785

RE: FAC FY2019 Proposed Dues FAC Special Assessment

KARSON TURNER Dear Mr. Arnold: PRESIDENT HENDRY For your county’s budget planning purposes, please find attached Sumter NICK MADDOX County’s notice of dues for FY2019/20 as well as the Public Awareness PRESIDENT-ELECT Reserve Special Assessment. LEON

MELISSA MCKINLAY The FAC Executive Committee is recommending to the Board of Directors a FIRST VICE PRESIDENT dues schedule, reflected in the attached notice, at the June Annual Conference. PALM BEACH FAC will then provide you a final invoice in September, based on the Board’s

direction. Dues are payable on November 1 of each year. The attached dues RALPH C. THOMAS, JR. SECOND VICE PRESIDENT notice reflects the changes made to the FAC dues structure on November 30, WAKULLA 2018 by the FAC membership and as noticed to the counties on February 1, 2019. CHRISTOPHER G. CONSTANCE, M.D. IMMEDIATE PAST PRESIDENT At the FAC Legislative Conference in November 2018, the FAC Board of CHARLOTTE Directors approved a $1,000,000 special assessment for the FAC Public Awareness Reserve Fund. This reserve fund provides a dedicated funding VIRGINIA “GINGER” source for statewide public awareness and education initiatives. A special DELEGAL assessment implementation plan was later approved by the FAC Executive EXECUTIVE DIRECTOR Committee in March 2019. This plan included a population based special assessment utilizing the April 1, 2018 UF BEBR population estimates. Counties have the option to choose payment terms, varying from a one time lump sum payment, or equal payments over either a two year or three year horizon. The initial installment of the special assessment will be due on November 1, 2019.

If you have any questions regarding your dues amount or the special assessment, please feel free to contact me ([email protected]) or FAC’s Director of Internal Affairs and Financial Services, Anna Doughty ([email protected]). We thank you for your commitment and look forward to continuing to work with your county for years to come.

Sincerely,

Virginia “Ginger” Delegal Executive Director

cc: Olga Rabel, OMB Director

Enclosure: Notice of Dues and Special Assessment

INVOICE SUMTER COUNTY

For: FAC Special Assessment Payment Options

Option 1: Lump Sum $5,995.00 Terms: Due and Payable November 1, 2020

Option 2: Two Year Equal Installment Option Terms: Due and Payable November 1, 2020 $2,997.50 Due and Payable November 1, 2021 $2,997.50

Please make checks payable to: FLORIDA ASSOCIATION OF COUNTIES, INC. 100 South Monroe Street Tallahassee, FL 32301 Phone: 850-922-4300 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: A Resolution of the Board of County Commissioners of Sumter County, Florida, Establishing an Open-Admission No-Kill Animal Services Shelter (Board’s Option). REQUESTED ACTION: Board’s Option

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: N/A Effective Date: Termination Date: Managing Division / Dept: Animal Services BUDGET IMPACT: None FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

In January 2018, Sumter County established a ninety percent (90%) or greater live release rate goal. In October 2020, Sumter County adopted a resolution reaffirming the BOCC commitment to its customers to maintain an open-admission animal services shelter with a goal of ninety percent (90%) or greater live release rate. The current resolution establishes an open-admission no-kill shelter. It restricts the use of humane euthanasia to owner requested, animals beyond reasonable medical treatments or aggressive animals that cannot be socialized.

Prepared by: Stephen Kennedy, Sr. Grammarly Check ☒

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RESOLUTION ______

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA ESTABLISHING AN OPEN-ADMISSION NO-KILL ANIMAL SERVICES SHELTER

WHEREAS, the Board of County Commissioners established a ninety percent (90%) or greater live release rate goal in January 2018; and

WHEREAS, the Board of County Commissioners reaffirmed its commitment to its customers to maintain an open-admission Animal Services on October 27, 2020; and

WHEREAS, the success of achieving the ninety percent (90%) or greater live release rate goal hinges on coordination with verified rescue organizations and not-for-profit no-kill shelters for the transfers of adoptable cats and dogs and free adoption directly from Sumter County Animal Services; and

WHEREAS, the Board of County Commissioners established a Trap-Neuter-Vaccinate-Return (TNVR) program in 2018 to support a greater live release rate for cats in the community; and

WHEREAS, the Board of County Commissioners continues to support Sumter County Animal Services approved initiatives to further increase the live release rate of its animal services shelter; and

WHEREAS, the Board of County Commissioners determined the Sumter County Animal Services shelter shall not turn away or refuse animals that is the basis for maintaining its open-admission policy; and

WHEREAS, no animal, other than owner requested euthanasia will be done unless the animal is beyond reasonable medical treatments or aggressive and cannot be socialized.

NOW, THEREFORE, BE IT RESOLVED:

1. The Board of County Commissioners commits to its customers to establish an open-admission no-kill animal services shelter with a goal of ninety percent (90%) or greater live release rate. 2. A copy of this resolution shall be recorded in the official minutes of the Board of County Commissioners of Sumter County, Florida.

DONE AND RESOLVED THIS 22nd DAY OF DECEMBER, 2020.

ATTEST: BOARD OF COUNTY COMMISSIONERS OF SUMTER COUNTY, FLORIDA

______Deputy Clerk Garry Breeden, Chairman Clerk of the Circuit Court SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Continental Country Club Installation of Bamboo in the Right-of-Way (ROW) in front of the noise wall at the Morse Boulevard Roundabout (Staff Recommends Approval). REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Brightview Landscapes, LLC Effective Date: 9/25/2018 Termination Date: 9/30/2021 Managing Division / Dept: Operations BUDGET IMPACT: $34,875.00 FUNDING SOURCE: SC Road Construction District Impact Type: Capital EXPENDITURE ACCOUNT: 153-344-541-6358

HISTORY/FACTS/ISSUES: Sumter County previously widened Warm Springs Avenue/Morse Boulevard (f.k.a. C 468) from a two- lane facility to a four-lane facility. Before the widening, Continental Country Club asked Sumter County for a noise wall. At that time, the Board of County Commissioners (BOCC) did not fund the noise wall. Continental Country Club constructed an approximately eight-foot-high noise wall at the current elevation of the resident's lots.

As part of the Regionally Significant Roadway Agreement with The Villages® Developer, Sumter County recently accepted and started the one-year warranty period for the Morse Boulevard Roundabout. The roundabout and by-pass lanes' design and construction required an elevation increase to clear the utilities, including gas, fiber optic, telephone, and DUKE Energy's facilities. This increase in elevation raised the westbound by-pass lane to be level or slightly below the top of the Continental Country Club noise wall.

On December 8, 2020, BOCC Meeting, the Board gave direction to propose recommendations for improving the noise levels for the Continental Country Club properties near the Morse Boulevard Roundabout. The joint recommendation from the Country Club Manager and the County Administrator is to plant bamboo in front of the noise wall. Working with a landscape architect to select bamboo species and the current landscaping contractor, this bamboo noise barrier's estimated cost is $34,875.00. There will not be any increased maintenance charges for the maintenance of the bamboo.

Attachment: Cost Proposal Brightview Landscaping

Prepared by: Deborah L. Snyder Grammarly Check ☒

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December 14, 2020 Page 1 of 2

Proposal for Extra Work at Sumter County Government B

Property Name Sumter County Government B Contact Deborah Snyder Property Address 7375 POWELL ROAD To Sumter County Public Works Wildwood, FL 34785 Billing Address 319 E Anderson Ave Bushnell, FL 33513

Project Name Sumter County

Project Description 12/14/20 - Installation of clumping bamboo along Continental CC wall to reduce noise levels Scope of Work

QTY UoM/Size Material/Description Unit Price Total

Bambusa Multiplex Alphonse Karr - 7 gal installed along 255.00 EACH exterior wall outside of Continental Country Club - 1300 $125.00 $31,875.00 feet worth - placed at 5' spacing

Time and material to water in Bamboo for initial growing 1.00 LUMP SUM $3,000.00 $3,000.00 phase

For internal use only SO# 7400062 JOB# 460503160 Service Line 130 Total Price $34,875.00

THIS IS NOT AN INVOICE This proposal is valid for 60 days unless otherwise approved by BrightView Landscape Services, Inc. 641 SW 13th St, Ocala, FL 34471 ph. (352) 368-3600 fax (352) 368-2184 December 14, 2020 Page 2 of 2

TERMS & CONDITIONS 14. Cancellation: Notice of Cancellation of work must be received in writing before the crew is dispatched to their location or Client/Owner will be liable for 1. The Contractor shall recognize and perform in accordance with written terms, a minimum travel charge of $150.00 and billed to Client/Owner. written specifications and drawings only, contained or referred to herein. All materials shall conform to bid specifications. The following sections shall apply where Contractor provides Customer with tree 2. Work Force: Contractor shall designate a qualified representative with care services: experience in landscape maintenance/construction upgrades or when applicable in tree management. The workforce shall be competent and qualified, 15. Tree & Stump Removal: Trees removed will be cut as close to the ground as and shall be legally authorized to work in the U.S. possible based on conditions to or next to the bottom of the tree trunk. Additional charges will be levied for unseen hazards such as, but not limited to concrete 3. License and Permits: Contractor shall maintain a Landscape Contractor's brick filled trunks, metal rods, etc. If requested mechanical grinding of visible tree license, if required by State or local law, and will comply with all other license stump will be done to a defined width and depth below ground level at an and permit requirements of the City, State and Federal Governments, as well additional charge to the Client/Owner. Defined backfill and landscape material as all other requirements of law. may be specified. Client/Owner shall be responsible for contacting Underground Service Alert to locate underground utility lines prior to start of work. Contractor is 4. Taxes: Contractor agrees to pay all applicable taxes, including sales tax where not responsible damage done to underground utilities such as but not limited to, applicable on material supplied. cables, wires, pipes, and irrigation parts. Contractor will repair damaged irrigation lines at the Client/Owner's expense. 5. Insurance: Contractor agrees to provide General Liability Insurance, Automotive Liability Insurance, Worker's Compensation Insurance, and any 16. Waiver of Liability: Requests for crown thinning in excess of twenty-five percent other insurance required by law or Client/ Owner, as specified in writing prior to (25%) or work not in accordance with ISA (international Society of Arboricultural) commencement of work. If not specified, Contractor will furnish insurance with standards will require a signed waiver of liability. $1 ,000 ,000 limit of liability. Acceptance of this Contract 6. Liability: Contractor shall indemnify the Client/Owner and its agents and Contractor is authorized to perform the work stated on the face of this Contract. employees from and against any third party liabilities that arise out of Payment will be 100% due at time of billing. If payment has not been received by Contractor's work to the extent such liabilities are adjudicated to have been BrightView within fifteen (15) days after billing, BrightView shall be entitled to all costs caused by Contractor's negligence or willful misconduct. Contractor shall not of collection, including reasonable attorneys' fees and it shall be relieved of any be liable for any damage that occurs from Acts of God are defined as those obligation to continue performance under this or any other Contract with Client/Owner. caused by windstorm, hail, fire, flood, earthquake, hurricane and freezing, etc. Interest at a per annum rate of 1.5% per month (18% per year), or the highest rate Under these circumstances, Contractor shall have the right to renegotiate the permitted by law, may be charged on unpaid balance 30 days after billing. terms and prices of this agreement within sixty (60) days. Any illegal trespass, claims and/or damages resulting from work requested that is not on property NOTICE: FAILURE TO MAKE PAYMENT WHEN DUE FOR COMPLETED WORK ON owned by Client/Owner or not under Client/Owner management and control CONSTRUCTION JOBS, MAY RESULT IN A MECHANIC'S LIEN ON THE TITLE TO shall be the sole responsibility of the Client/Owner. YOUR PROPERTY

7. Subcontractors: Contractor reserves the right to hire qualified Customer subcontractors to perform specialized functions or work requiring specialized equipment. Public Works Director

Signature Title 8. Additional Services: Any additional work not shown in the above specifications involving extra costs will be executed only upon signed written orders, and will become an extra charge over and above the estimate. Deborah Snyder December 14, 2020

Printed Name Date 9. Access to Jobsite: Client/Owner shall provide all utilities to perform the work. Client/Owner shall furnish access to all parts of jobsite where Contractor BrightView Landscape Services, Inc. "BrightView" is to perform work as required by the Contract or other functions related thereto, during normal business hours and other reasonable periods of time. Contractor will perform the work as reasonably practical after the owner makes Account Manager the site available for performance of the work. Signature Title

10. Invoicing: Client/Owner shall make payment to Contractor within fifteen (15) days upon receipt of invoice. In the event the schedule for the completion of Sean D. Patrick December 14, 2020 the work shall require more than thirty (30) days, a progress bill will be Printed Name Date presented by month end and shall be paid within fifteen (15) days upon receipt of invoice .

11. Termination: This Work Order may be terminated by the either party with or Job#: 460503160 Proposed Price: $34,875.00 without cause, upon seven (7) work days advance written notice. Client/Owner will be required to pay for all materials purchased and work completed to the SO# date of termination and reasonable charges incurred in demobilizing. 7400062

12. Assignment: The Owner/Client and the Contractor respectively, bind themselves, their partners, successors, assignees and legal representative to the other party with respect to all covenants of this Agreement. Neither the Owner/Client nor the Contractor shall assign or transfer any interest in this Agreement without the written consent of the other provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by , or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities, consolidation, change of control or corporate reorganization .

13. Disclaimer: This proposal was estimated and priced based upon a site visit and visual inspection from ground level using ordinary means, at or about the time this proposal was prepared. The price quoted in this proposal for the work described, is the result of that ground level visual inspection and therefore our company will not be liable for any additional costs or damages for additional work not described herein, or liable for any incidents/accidents resulting from conditions, that were not ascertainable by said ground level visual inspection by ordinary means at the time said inspection was performed . Contractor cannot be held responsible for unknown or otherwise hidden defects. Any corrective work proposed herein cannot guarantee exact results. Professional engineering, architectural, and/or landscape design services ("Design Services") are not included in this Agreement and shall not be provided by the Contractor. Any design defects in the Contract Documents are the sole responsibility of the Owner. If the Client/Owner must engage a licensed engineer, architect and/or landscape design professional, any costs concerning these Design Services are to be paid by the Client/Owner directly to the designer involved. SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Limited Certificate of Public Convenience and Necessity (COPCN) modification for American Ambulance (Staff Recommends Approval) REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: American Ambulance Effective Date: Termination Date: Managing Division / Dept: Assistant County Administrator BUDGET IMPACT: N/A FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

The University of Florida (UF) Health Central Florida desired a limited COPCN for American Ambulance to provide Ambulance Transport Services from UF Health The Villages® Hospital Brownwood Freestanding Emergency Department located at 3800 Meggison Road, The Villages, FL 32163.

On December 12, 2017, Sumter County BOCC entered into an agreement with LifeFleet Southeast., d/b/a American Medical Response (AMR) to provide Advanced and Basic Life Support Ambulance Transport Services for emergency and inter-facility services within Sumter County and on June 23, 2020, Sumter County issued a county-wide COPCN to American Medical Response (AMR) to provide Advanced and Basic Life Support Ambulance Transport Services.

To meet the request of UF Health Central Florida, the BOCC issued a limited COPCN for UF Health The Villages® Hospital Brownwood Freestanding Emergency Department located at 3800 Meggison Road, The Villages, FL 32163 and excluding UF Health The Villages® Hospital Brownwood Freestanding Emergency Department located at 3800 Meggison Road, The Villages, FL 32163 from AMR’s COPCN.

RJ Ambulance Service intends to acquire the stock of the parent company of American Ambulance, Falck SE II Corporation, on January 15, 2021 and has requested a name revision to the existing limited COPCN for American Ambulance.

Prepared by: Stephen J Kennedy, Sr. Grammarly Check ☒

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SUMTER COUNTY, FLORIDA CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN)

FOR ADVANCED AND BASIC LIFE SUPPORT TRANSPORT SERVICE

WHEREAS, the Board of County Commissioners of Sumter County, Florida (BOCC) determined there is a need for Advanced and Basic Life Support (ALS/BLS) Ambulance Transport Services within Sumter County; and WHEREAS, on December 12, 2017 the BOCC entered into an agreement with LifeFleet Southeast., d/b/a American Medical Response (AMR) to provide Advanced and Basic Life Support Ambulance Transport Services for emergency and inter-facility services within Sumter County; and WHEREAS, the University of Florida (UF) Health Central Florida desires a limited COPCN for American Ambulance to provide Ambulance Transport Services from UF Health The Villages® Hospital Brownwood Freestanding Emergency Department located at 3800 Meggison Road, The Villages, FL 32163; and WHEREAS, the BOCC established minimum service levels for Ambulance Transport Services in Sumter County to include Specialty Care Transport (SCT) utilizing “Critical Care” Paramedic Training as well as additional training in the use of transport ventilators and additional infusion medication beyond the scope of a typical paramedic; and WHEREAS, the BOCC has a transportation plan for involuntary transport for mental health evaluation in accordance with Florida Statutes § 394.462; and WHEREAS, the BOCC desires to maintain a minimum service level for Ambulance Transport Services in Sumter County; and WHEREAS, on September 22, 2020 the BOCC awarded a limited Certificate of Public Convenience and Necessity (COPCN) to American Ambulance, for all Ambulance Transport Services originating from the UF Health The Villages® Hospital Brownwood Freestanding Emergency Department located at 3800 Meggison Road, The Villages, FL 32163 to include Critical Care Transport, Bariatric Ambulance Transport, Air Ambulance inter-facility coordination, and Baker Act services; and WHEREAS, RG Ambulance Service, Inc has entered into an agreement to purchase the parent company of American Ambulance, FALCK SE II Corporation and has requested a new limited COPCN for the new parent company, RG Ambulance Service, Inc. DBA American Ambulance. NOW, THEREFORE, the limited COPCN issued to American Ambulance on September 22, 2020 is terminated effective 23:59:59, January 14, 2021 and the BOCC hereby issues to RG Ambulance Service, Inc. DBA American Ambulance the limited COPCN to operate ALS/BLS Transport (Ambulance) Services in Sumter County serving transports originating from UF Health The Villages® Hospital Brownwood Freestanding Emergency Department located at 3800 Meggison Road, The Villages, FL 32163 for twelve months commencing 00:00:01, January 15, 2021; expiring 23:59:59, September 30, 2021 Issued this 22nd day of December 2020, in Sumter County, Florida.

Attest: BOARD OF COUNTY COMMISSIONERS SUMTER COUNTY

Caroline AlRestimawi Garry Breeden Deputy Clerk Chairman

SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: City of Bushnell Backbilling of Two Accounts (Staff Recommends Approval).

REQUESTED ACTION: Approve the payment of the back billing of three years maximum for each of the two accounts

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☐ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Administrative Services BUDGET IMPACT: $132,140.39 FUNDING SOURCE: General Fund Type: N/A EXPENDITURE ACCOUNT: 001-100523-4300 ($122,115.90) and 001-100- 603-4300 ($10,024.49)

HISTORY/FACTS/ISSUES: The City of Bushnell reduced their desired back billing associated with their administrative error for not billing electrical service correctly for the Public Defender buildings and not adding sewer service to the jail constructed in 2008. The Mayor and Council first desired to back bill for ten years, and after pointing out that their code does not allow for the excessive back billing, the City Attorney determined five years could be defensible. The County Attorney presented a different legal view; however, to resolve this issue and move forward, the City agreed to only charge for three years of back billing with the financial impacts noted above.

Prepared by: Bradley Arnold Grammarly Check ☒

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SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Quit Claim Deed and General Release for the Donation from The Jeno and Lois Paulucci Family Foundation II, Inc. (Staff Recommends Approval REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Administrative Services BUDGET IMPACT: FUNDING SOURCE: Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

The Quit Claim Deed and General Release of Liability and Hold Harmless Agreement are the conveyance documents to finalize the property donation from the Jeno and Lois Paulucci Family Foundation II, Inc.

Prepared by: Leslie Smith Grammarly Check ☒

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Prepared By and Return To: Nelson Mullins Broad and Cassel Attn: Angela Shaw, Esq. 390 N. Orange Ave., Suite 1400 Orlando, FL 32801

THIS DEED HAS BEEN EXECUTED AND DELIVERED AS A DONATION AND THEREFORE IS NOT SUBJECT TO DOCUMENTARY STAMP TAX. SEE DEPARTMENT OF REVENUE RULE 12B-4.014(2a), F.A.C.

QUIT CLAIM DEED

THIS QUIT CLAIM DEED is made effective as of the ___ day of ______, 20___ by THE JENO AND LOIS PAULUCCI FAMILY FOUNDATION II, INC., a Florida not for profit corporation whose address is 390 N. Orange Ave., Suite 1400, Orlando, FL 32801 (the “Grantor”), to and in favor of SUMTER COUNTY, a political subdivision of the State of Florida, whose address is 7375 Powell Road, Wildwood, FL 34785 (the “Grantee”).

W I T N E S S E T H:

THAT Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, does hereby remise, release and quitclaim unto Grantee forever, all the right, title and interest which Grantor has in and to that certain land located in Sumter County, Florida, more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”).

TO HAVE AND TO HOLD, the same in fee simple forever.

FURTHER, this conveyance is made by Grantor and accepted by Grantee subject to a restriction prohibiting Grantee, and its successor or assigns, from developing the subject Property, and the Property shall at all times remain in its natural state (the “Restriction”). This Restriction shall run with the land and shall be binding upon the Grantee and its successors and assigns.

-1- 4850-9823-9699 v.3 / IN WITNESS WHEREOF, the said Grantor has hereunto set its hand and seal the day and year first above written.

Signed, sealed and delivered THE JENO AND LOIS PAULUCCI in the presence of: FAMILY FOUNDATION II, INC., a Florida Not For Profit Corporation

Print Name: By:______Print Name: Paul V. Mellini Print Name: Its: Managing Director

STATE OF FLORIDA ) ) COUNTY OF ______)

The foregoing instrument was acknowledged before me by means of physical presence (____) or online notarization (_____) this _____ day of ______, 20__ by Paul V. Mellini, as Managing Director of THE JENO AND LOIS PAULUCCI FAMILY FOUNDATION II, INC., a Florida Not For Profit Corporation, on behalf of the Corporation. He is personally known to me or has produced ______as identification.

(Signature of Notary Public)

(Typed Name of Notary Public) Notary Public, State of Florida Commission No.: My Commission Expires:

-2- 4850-9823-9699 v.3 / EXHIBIT “A”

PROPERTY

PARCEL 1:

Parcel 1

Tract 8, SUMTER GARDENS PLAT NO. 18, according to the map or plat thereof as recorded in Plat Book 2, Page 17 1/2, Public Records of Sumter County, Florida.

Parcel 2

Tract 9, SUMTER GARDENS PLAT NO. 20, according to the map or plat thereof as recorded in Plat Book 2, Page 59, Public Records of Sumter County, Florida.

Parcel 3

Tracts 4 and 13, SUMTER GARDENS PLAT NO. 11, according to the map or plat thereof as recorded in Plat Book 1, Page 124, Public Records of Sumter County, Florida.

PARCEL 2:

Tracts 1 through 5 and 10 through 12, SUMTER GARDENS, Plat 19, a subdivision in Section 29, Township 21 South, Range 22 East, according to the map or plat thereof, as recorded in Plat Book 2, Page 62, Public Records of Sumter County, Florida.

PARCEL 3:

Tract 6, SUMTER GARDENS, PLAT 13, according to the map or plat thereof as recorded in Plat Book 2, Page 19, Public Records of Sumter County, Florida.

PARCEL 4:

Tracts 6 and 7, Sumter Gardens Plat 7, a subdivision in Section 19, Township 21, South, Range 22 East, according to the map or plat thereof as recorded in Plat Book 2, Page 62, Public Records of Sumter County, Florida.

PARCEL 5:

Parcel 1:

Tracts 3, 4 and 5, Sumter Gardens Plat 15, a subdivision in Section 30, Township 21, South, Range 22 East, according to the map or plat thereof as recorded in Plat Book 2, Page 56, Public Records of Sumter County, Florida.

Parcel 2:

A-1 4850-9823-9699 v.3 / Tracts 2-5 and 10-13, Sumter Gardens Plat 13, a subdivision in Section 19, Township 21, South, Range 22 East, according to the map or plat thereof as recorded in Plat Book 2, Page 19, Public Records of Sumter County, Florida.

Parcel 3:

Tracts 13 and 14, Sumter Gardens Plat 12, a subdivision in Section 19, Township 21, South, Range 22 East, according to the map or plat thereof as recorded in Plat Book 1, Page 125, Public Records of Sumter County, Florida.

Parcel 4:

Tracts 1, 2 and 9-15, Sumter Gardens Plat 15, a subdivision in Section 30, Township 21, South, Range 22 East, according to the map or plat thereof as recorded in Plat Book 2, Page 56, Public Records of Sumter County, Florida.

A-2 4850-9823-9699 v.3 / GENERAL RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT

THIS GENERAL RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT (this “Agreement”) is executed on this ____ day of ______, 20___ by SUMTER COUNTY, a political subdivision of the State of Florida (“COUNTY”).

In consideration of The Jeno and Lois Paulucci Family Foundation II, Inc., (the “Foundation”) executing that certain Quit Claim Deed (the “Deed”) in favor of County, conveying that certain property described on the attached Exhibit A (the “Property”), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:

COUNTY, for itself and on behalf of its officers, agents, employees, and successors and assigns, does hereby fully and forever release, acquit, discharge, and hold harmless, the Foundation, and its affiliated companies, officers, agents, employees, and assigns, of and from any and all claims, demands, liabilities, loss, damage, expense, right or cause of action of whatever kind or nature, (specifically including, without limitation, such claims relating to the environmental or other conditions on the Property) and all claims, demands, liabilities, loss, damage, expense, right or cause of action in any way related to the Deed and the Property referenced therein.

COUNTY, further hereby acknowledges and agrees that the Property conveyed pursuant to the Deed is being conveyed in its “EXISTING CONDITION” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. The recording of the Deed in the Public Records of Sumter County, Florida shall constitute as acknowledgment by the COUNTY that THE PROPERTY WAS ACCEPTED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE AND IN ITS PRESENT “AS-IS” CONDITION BASED SOLELY ON COUNTY’S OWN INSPECTION. COUNTY HAS INVESTIGATED INDEPENDENTLY THE PROPERTY BEING DONATED AND HAS MADE ITS OWN INDEPENDENT DETERMINATION TO ACCEPT THE DONATION OF THE PROPERTY SOLELY ON THE BASIS OF THAT INVESTIGATION AND COUNTY’S OWN JUDGMENT. THIS AGREEMENT IS MADE AND SHALL BE WITHOUT ANY RECOURSE AGAINST THE FOUNDATION, AND IS MADE WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND OR DESCRIPTION, EXPRESS OR IMPLIED. NEITHER THE FOUNDATION NOR ANY OF ITS RESPECTIVE OFFICERS, EMPLOYEES OR ITS AGENTS HAS MADE ANY REPRESENTATIONS OR WARRANTIES TO COUNTY, OR ITS AGENTS, EITHER EXPRESS OR IMPLIED, PARTICULARLY, BUT WITHOUT IN ANY LIMITATION THE GENERALITY OF THE FOREGOING, REGARDING: (I) THE CONDITION OF THE PROPERTY BEING DONATED; (II) THE TITLE TO THE PROPERTY; (III) THE VALUE OF THE PROPERTY; OR (IV) THE FREEDOM OF THE PROPERTY FROM LIENS AND ENCUMBRANCES. THE PROPERTY, AND RIGHTS THAT RUN THEREWITH ARE DONATED TO COUNTY

4832-3171-6819 v.3 / UNDER THIS AGREEMENT “AS IS, WITH ALL FAULTS,” WITHOUT RECOURSE, REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, EXCEPT AS PROVIDED IN THIS AGREEMENT.

COUNTY, in recognition of the Foundation’s donation of the Property, agrees to place a plaque on the Property recognizing the Foundation’s donation to the County.

THIS IS AN IMPORTANT LEGAL DOCUMENT CONTAINING PROVISIONS CONSTITUTING A WAIVER OF LEGAL RIGHTS. READ THE ENTIRE DOCUMENT BEFORE SIGNING.

IN WITNESS WHEREOF, the COUNTY has executed this Agreement on the day and year written below.

COUNTY:

SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: ______Charmain ______

______, Deputy Clerk Date:______

4832-3171-6819 v.3 / SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Marsh Bend Trail Phases 1 through 4 Speed Limit Reduction.

REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: N/A Effective Date: 12/22/2020 Termination Date: N/A Managing Division / Dept: Operations BUDGET IMPACT: N/A FUNDING SOURCE: N/A Type: N/A EXPENDITURE ACCOUNT: N/A

HISTORY/FACTS/ISSUES: As part of the Regionally Significant Roadway Agreement with The Villages® Developer, Sumter County recently accepted and started the one-year warranty period for Marsh Bend Trail Phases 1 through 4. At the time of acceptance, the engineer of record (EOR) had shown on the plans and posted the roadway with a 30 mile per hour (MPH) speed limit. On December 8, 2020, the EOR presented a signed and sealed recommendation to reduce the speed limit to 25 MPH.

In 2011, the BOCC approved speed limit ranges for various roadways as part of the Regionally Significant Roadway Agreement. Marsh Bend Trail Phases 1 through 4 is considered a minor collector road and has on-street dedicated golf cart lanes and no driveways. The previously adopted speed limit standards for this type of roadway is 25 or 30 MPH.

The EOR states: “The concern is that there are existing street light poles that do not adequately meet the FDOT clear zone requirements for roadways with a posted speed limit of 30 mph. Additionally, it is our professional opinion that these roadway segments will provide a better riding experience at the lower speed limit.”

Based on the signed and sealed recommendation from the EOR and that the roadway meets the previously approved BOCC criteria for a roadway of this type to be posted at 25 MPH, staff recommends approval of the reduced speed limit.

Attachment: EOR’s Statement

Prepared by: Deborah L. Snyder Grammarly Check ☒

Page 1 of 1 I,/-,,\. ·· \CFB ICLYMERFARNER • 4450 NE 83"' Road • Wildwood, FL 34785 352 748 3126 '!::::J .BARLEY

,,11 \II 11/JIJ 111 ,,, \f-ECLY, 1 ...... '' ()~ :·:: ...... ilt.L' /<... IVJEMORANDU!V1 ,, ~ .. ··cENSB ···.'/}:> ..-;,.. .:::- $'.) •• • \,.\( I • • • (./ ~ _..... a: ·. ;,p --. TO: Bradley Arnold- Sumter County AdmiOis!fator No 69'7R0 ·~· * -=:: -. :S:o-; • ­ FROM: Lee Clymer, P.E.- Clymer Farner Barl~~\ ~ ) mI DATE: December 8, 2020 ...- ..-<\ • s....l\lf- of : ":>: ..... / '0 ·, ,, .· ~ ..... RE: Marsh Bend Trail Phases 1 through 4 ...-..> ~

We are requesting a reduction in speed limit from 30 mph to 25 mph for Phases 1 through 4 of Marsh Bend Trail. Marsh Bend Trail is a regionally significant roadway per the Regionally Significant Road Construction Agreement between Sumter County and The Villages Companies dated July 14, 2020. This roadway is considered a minor collector road with on-street dedicated golf cart lanes with no residential driveway connections. The concern is that there are existing street light poles that do not adequately meet the FOOT clear zone requirements for roadways with a posted speed limit of 30 mph. Additionally, it is our professional opinion that these roadway segments will provide a better riding experience at the lower speed limit.

In 2011, the Sumter County Board of County Commissioners approved speed limit ranges for various roadways included in the Regionally Significant Roadway list. Below, we have summarized the General Speed Limit Criteria for your consideration.

REQUIRED INFORMATION

Sumter County has adopted the following General Speed Limit Criteria approved in a speed study from 2011:

Tablr 1 -General Speed Unlit Criteria

Roadway Classifkation R~commmded Spud Limit R-esidential Stre-ets :zo m p h ReSidential Streets w ith restriCting !horizontal cu".r.ature 10.15 mph

Mlnvr Cclle ctors wi th on·~tfeet d~dicated golf cart tane~ and no driveways on the tO'alj ~-~c mph

Residential Streets With c-n·s+-.reet dedic.ated golf cart ta n~ and driveways, on th~ road 20.lS mph

Villa,~ 10..15 mph

Based on the above discussion and the excerpt from the speed limit study, posting Marsh Bend Trail at a 25 mph speed limit is consistent with the speed limit range (25 - 30mph) for a minor collector road with on-street dedicated golf cart lanes with no residential driveway connections.

With your approval of this request, we will issue plans to the field implementing the change.

Page 11 SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Affordable Housing (AH) Program Request to Execute Satisfaction of Mortgage (Staff Recommends Approval).

REQUESTED ACTION: Staff Recommends Approval.

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept.: Housing / Economic Development BUDGET IMPACT: $2,822.70 Increase in Mortgage Payment Revenue FUNDING SOURCE: Affordable Housing Program

Type: N/A EXPENDITURE ACCOUNT: N/A

HISTORY/FACTS/ISSUES:

The Affordable Housing Program was created to comply with Florida Statutes §125.379. The funds are used for various housing projects, including emergency repair, demolition/reconstruction of substandard homes, and purchase assistance. Emergency repair and demolition/reconstruction strategies are for applicants who currently own and occupy the residence. Purchase assistance is for first-time homebuyers who will occupy a home in the county.

In June 2014, Ms. Kathleen Vicchiullo received assistance to repair her home at 473 CR 314, Bushnell, FL 33513. Staff received a payoff check from Equity National Title on December 4, 2020.

Housing Services is requesting the execution of a Satisfaction of Mortgage for Kathleen Vicchiullo as her mortgage is paid in full.

Prepared by: Denna Lafferty Grammarly Check ☒

Page 1 of 1

Prepared by and Return to: Sumter County Housing Services 319 East Anderson Avenue, Suite 103 Bushnell, FL 33513

SATISFACTION OF MORTGAGE Sumter County Affordable Housing (AH) Program

KNOW ALL MEN BY THESE PRESENTS: That the Undersigned owner and holder of a mortgage executed by: Kathleen Vicchiullo, a single woman to SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS dated June 5th, 2014 and recorded June 6th, 2014 in Official Record Book 2789, Pages 302-306, Document # 2014-60017737 in the Office of the Clerk of the Circuit Court of Sumter County, Florida, securing a note in the original principal sum of Four Thousand Two Hundred Nineteen Dollars and Five Cents ($4,219.05) and promises and obligations set forth in said Mortgage upon the property situate in said State and County as described in above said mortgage, hereby acknowledge(s) full payment and satisfaction of said Note and Mortgage, and surrender(s) the same as canceled, and hereby direct(s) the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this 22nd day of December, A.D. 2020.

Signed, Sealed, and Delivered SUMTER COUNTY BOARD OF COMMISSIONERS

______By: ______L.S. Witness Signature Garry Breeden, Chairman

______Type or Print Witness Name

______Witness Signature

______Type or Print Witness Name

STATE OF FLORIDA COUNTY OF SUMTER

The foregoing instrument was acknowledged before me this 22nd day of December 2020, by the CHAIRMAN on behalf of the SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS, who is _____ personally known to me or who has produced _____ driver’s license(s) as identification.

______Notary Public Commission # ______My Commission Expires: ______SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: State Housing Initiatives Partnership (SHIP) Program Request to Execute Satisfaction of Mortgage (Staff Recommends Approval).

REQUESTED ACTION: Staff Recommends Approval.

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept.: Housing / Economic Development BUDGET IMPACT: $4,250.86 Increase in Mortgage Payment Revenue FUNDING SOURCE: SHIP Program

Type: Annual EXPENDITURE ACCOUNT: N/A

HISTORY/FACTS/ISSUES:

The State Housing Initiatives Partnership (SHIP) is a program created through a dedicated trust fund for housing. The funds are distributed through the Florida Housing Finance Corporation and are based on revenues from Documentary Stamps for all approved counties and entitlement cities in Florida.

The funds are used for various housing projects, including demolition/reconstruction of substandard homes, emergency repair, and purchase assistance. Demolition/reconstruction and emergency repair strategies are for applicants who currently own and occupy the residence. Purchase assistance is for first-time homebuyers who will occupy a home in the county.

In June 2014, Ms. Kathleen Vicchiullo received assistance to repair her home at 473 CR 314, Bushnell, FL 33513. Staff received a payoff check from Equity National Title on December 4, 2020.

Housing Services is requesting the execution of a Satisfaction of Mortgage for Kathleen Vicchiullo as her mortgage is paid in full.

Prepared by: Denna Lafferty Grammarly Check ☒

Page 1 of 1

Prepared by and Return to: Sumter County Housing Services 319 East Anderson Avenue, Suite 103 Bushnell, FL 33513

SATISFACTION OF MORTGAGE Sumter County State Housing Initiatives Partnership (SHIP) Program

KNOW ALL MEN BY THESE PRESENTS: That the Undersigned owner and holder of a mortgage executed by: Kathleen Vicchiullo, a single woman to SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS dated June 5th, 2014 and recorded June 6th, 2014 in Official Record Book 2789, Pages 297-301, Document # 2014-60017736 in the Office of the Clerk of the Circuit Court of Sumter County, Florida, securing a note in the original principal sum of Ten Thousand Six Hundred Thirty-Six Dollars and Forty-Five Cents ($10,636.45) and promises and obligations set forth in said Mortgage upon the property situate in said State and County as described in above said mortgage, hereby acknowledge(s) full payment and satisfaction of said Note and Mortgage, and surrender(s) the same as canceled, and hereby direct(s) the Clerk of the said Circuit Court to cancel the same of record.

WITNESS my hand and seal this 22nd day of December, A.D. 2020.

Signed, Sealed, and Delivered SUMTER COUNTY BOARD OF COMMISSIONERS

______By: ______L.S. Witness Signature Garry Breeden, Chairman

______Type or Print Witness Name

______Witness Signature

______Type or Print Witness Name

STATE OF FLORIDA COUNTY OF SUMTER

The foregoing instrument was acknowledged before me this 22nd day of December 2020, by the CHAIRMAN on behalf of the SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS, who is _____ personally known to me or who has produced _____ driver’s license(s) as identification.

______Notary Public Commission # ______My Commission Expires: ______SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Approval of Release of Lien for Charlene Marek (Staff recommends approval)

REQUESTED ACTION: Staff recommends approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: ☒ N/A Vendor/Entity: Effective Date: Termination Date: Managing Division / Dept: Building & Code / Development Services BUDGET IMPACT: FUNDING SOURCE:

Type: N/A EXPENDITURE ACCOUNT:

HISTORY/FACTS/ISSUES:

A code enforcement lien was filed against this property on October 31, 2019, in which the property owner at the time was Charlene Marek. The property was found in compliance on June 22, 2020. Costs in the amount of $700.34 were paid. Since costs were paid, a Release of Lien is being requested.

Owner Name – Charlene Marek Property Addresses – 3814 CR 507, Wildwood, FL 34785 Parcel – G29A219 Original Hearing Date – February 28, 2019 Date Found In Compliance – June 22, 2020 Staff Costs Paid - $700.34 Staff Costs Due - $0.00 Total Lien Amount - $7,475.00 Daily Fine Amount - $25.00 Total Amount of Days in Violation - 299

Code Compliance takes pride in helping to ensure property values are maintained by assisting property owners in complying with health, safety, and welfare standards. Periodically, liens are placed on property to support the compliance process. The purpose of the lien is not to generate funds for the county; therefore, once property is brought into compliance, the actual costs incurred by Code Compliance are collected, and the balance of the lien amount is requested to be released.

The lien amount figure is calculated by multiplying the daily fine amount by the total number of days the property remains in violation. Staff costs are calculated by adding the number of inspections performed (@ $50 each) during the course of the code case, all actual costs of postage, and an administrative cost of $100.

Prepared by: Sandy Cassels Grammarly Check ☒

Page 1 of 1

This instrument prepared by: Sandy Cassels, Development Services Division 7375 Powell Rd., Ste. 115 Wildwood, FL 34785

RELEASE OF LIEN

In consideration of value received, the lien recorded as part of a Final Order of the Sumter County Code Enforcement Board, dated March 8, 2019, and recorded October 31, 2019, in OR Book 3650, Pages 507 - 509, Document #201960042429, Public Records of Sumter County, direct the Clerk to satisfy the same of record, as is more particularly described as follows:

1. Lien amount: $7,475.00 for daily fines and $700.34 for staff costs.

2. That certain lien, claimed by above lien notice, is hereby released.

3. This applies to the following described property in Sumter County, Florida:

Parcel: G29A201A Section 29, Township 19S, Range 23E: FROM THE NW COR OF SAID LOT 1 BLK I RUN S 190.21 FT TO POB RUN S 168.37 FT RUN E314.77 FT RUN N 272.79 FT S 71 DEG 45 MIN 43 SEC W 331.82 FT TO POB

4. Property Owner: Charlene Marek

ATTEST: SUMTER COUNTY, FLORIDA

______By: Deputy Clerk By: Garry Breeden, Chairman

STATE OF FLORIDA COUNTY OF SUMTER.

The foregoing instrument was acknowledged before me on the _____ day of ______, 2020, by Garry Breeden, Chairman, BOARD OF COUNTY COMMISSIONERS.

______Notary Public, State of Florida My Commission Expires: ______

Personally known ______or Produced Identification Type of Identification Produced ______SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS EXECUTIVE SUMMARY

SUBJECT: Satisfaction of Civil Restitution Lien for Lawrence Wendell McColloug

REQUESTED ACTION: Staff Recommends Approval

Meeting Type: Regular Meeting DATE OF MEETING: 12/22/2020

CONTRACT: x N/A Vendor/Entity: ------­ Effective Date: Termination Date: ------­ Managing Division I Dept: >::~rtmeJJl,

BUDGET IMP ACT: None ------FUNDING SOURCE:

Type: Select EXPENDITURE ACCOUNT: impact type

HISTORY/FACTS/ISSUES:

On February 11, 2004 a Civil Restitution Lien in the amount of $18,250.00 was ordered for Lawrence Wendell McColloug, case number 2002 CF 497. On December 8, 2020 County Finance received Clerk of Courts check 61082, in the amount of $18,250.00 to satisfy the balance of said lien.

Prepared by: Melissa Elliott, Deputy Clerk County Finance Grammarly Check D

Page 1 of 1 IN THE CIRCUIT COURT OF THE 5TH JUDICIAL IN AND FOR SUMTER COUNTY, FLORIDA Criminal Case No: 2002 CF 497 STATE OF FLORIDA

VS. LAWRENCE WENDELL MCCOLLOUG Defendant

SATISFACTION OF CIVIL RESTITUTION LIEN ORDER

KNOW ALL MEN BY THESE PRESENT: that the Board of County Commissioners of Sumter County, Florida, holder of a Civil Restitution Lien against the Defendant named above in the amount of $18,250.00, pursuant to an Order for determination of damages and losses and for Civil Restitution Lien Order rendered by the county court of Sumter County on February 11, 2004 and recorded in official records book 1174 page 180 of the public records of Sumter County, Florida, does hereby acknowledge full payment and satisfaction thereof and hereby consents that the same shall be satisfied of record. Witness the hand and seal of the duly authorized officer of the Board of County Commissioners of Sumter County, Florida this day of 20

ATTEST: GLORIA R. HAYWARD Clerk of Circuit Court As Chairman of Board of County Commissioners By Deputy Clerk Sumter County, Florida

STATE OF FLORIDA

COUNTY OF SUMTER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the County aforesaid to take acknowledgments, personally appeared WITNESS my hand and official seal in the county and state last aforesaid this day of , 20

Notary Public, State of Florida My Commission expires

Personally Known OR Produced Identification

Type of Identification Produced ~------IN THE FIFTH JUDICIAL CIRCUIT IN AND FOR SUMTER COUNTY, FLORIDA

STATE OF FLORIDA COURT: CIRCUIT

vs DIVISION: FELONY

LAWRENCE WENDELL MCCOLLOUG CASE NO: 2002 CF 497 602GRAYAVE WILDWOOD, FL 34785­

CIVIL RESTITUTION LIEN ORDER "',j r; t;) ,·. r· ,

THIS CAUSE having been heard before the Court on this 11TH DAY OF FEB~UARY. 2004 by the undersigned, who has imposed sentence on a criminal matter and being fully advised in the · premises, does hereby

ORDERED AND ADJUDGED as follows:

This Court has jurisdiction over the subject matter and parties to this cause, pursuant to Florida Statutes 960.293(2) (determination of damages and losses). Sumter County, Florida, 209 N. Florida Street, Bushnell, Florida 33513, or the State of Florida shall recover from Defendant listed above, the sum of $18.250.00 plus interest accruing at the legal rate from the date of this Order shall constitute a civil restitulon lien, for which let execution issue.

DONE AND ORDERED, In open court, at Bushnell, Sumter County, Florida on this ( 11TH DAY OF FEBRUARY, 2004 , ~=@kJ

Certificate of Service

I HEREBY CERTIFY that a true copy hereof has been furnished to: Board of County Commissioners c/o Clerk of the Circuit Court and the_g.etendant at the above address, by U.S. Mail, on this /1{/lv day of .nbrvaq '200.f..

GLORIA_') HA~Cl£RK OF COURT BY:,_~&t::::;;;-~d4£l4d~~=----"=~;:::;£,c...c....~.::...-Ur.:::;._.____ JL_ ____D.C.

STATE OF FLORIDA, COUNTY OF SUMTER I HEREBY CERTIFY, that the above and foregoing le a true copy of the original :o~~~ ~~ Dated OJ~ ~tr f. Vendor No: 21 BOARD OF COUNTY COMMISSIONERS Our Customer No: ) ;

2002CF497REST 11/17/20 INCARCERATION FEE 11/16 467662 18,250.00 0.00 18,250.00

. ·' . CLERK OF CIRCUIT COURT Check No! 61082 1:2/04/20 BK:4 TOTAL $18,250.00

... STATE OF EMERGENCY DECLARATION EXTENSION SUMTER COUNTY BOARD OF COUNTY COMMISSIONERS

WHEREAS, the Coronavirus Disease 2019 (COVID-19) continues to pose an imminent health risk to the residents in Sumter County; and

WHEREAS, Florida State Statutes, Chapter 252 authorizes the Chairman of the Board of County Commissioners to declare that a Local State of Emergency exists; and

WHEREAS, the Chairman of the Board of County Commissioner declared a Local State of Emergency on March 17, 2020, and extension every seven days since then; and

WHEREAS, Florida State Statutes, Chapter 252 limits each Declaration to seven (7) days; and

WHEREAS, the Sumter County Board of County Commissioners supports the Executive Orders of Governor DeSantis that are more restrictive than prior orders of Sumter County and finds that the anticipated conditions created by COVID-19 pose a threat to the health, safety, and welfare of the people of Sumter County.

T H E R E F O R E , B Y C O N S I D E R A T I O N A N D I N C O R P O R A T I O N O F T H E ABOVE RECITALS, IT IS HEREBY ORDERED:

1. That the Comprehensive Emergency Management Plan remain activated through the duration of the State of Florida Declaration of a State of Emergency.

2. All public officials and employees of Sumter County are hereby directed to continue to exercise the utmost diligence in the discharge of duties required of them for the duration of this Local State of Emergency and in the execution of State and Local emergency orders, regulations, and directives.

3. The Emergency Management Director shall continue functioning as the County Coordinating Officer and shall provide overall coordination for the response to this emergency in Sumter County.

4. This Declaration shall remain in effect for seven days unless extended or dissolved.

Signed: ______Date: December 22, 2020 Garry Breeden, Chairman Board of County Commissioners

Attest:

By: ______Date: December 22, 2020 Caroline AlRestimawi Clerk to the Board, Deputy Clerk