Hardee County Board of County Commissioners

AGENDA Hardee County Board of County Commissioners REGULAR MEETING April 16, 2026, at 8:30 AM COMMISSION CHAMBERS 412 WEST ORANGE STREET, ROOM 102, WAUCHULA, FL 33873 1

1. INVOCATION, FOLLOWED BY THE PLEDGE OF ALLEGIANCE 2. CALL TO ORDER 3. APPROVAL OF THE AGENDA: ADDITIONS, DELETIONS, AND AMENDMENTS 4. MINUTES FOR APPROVAL 5. PUBLIC COMMENT FOR NON-AGENDA ITEMS 6. PROCLAMATIONS A. Wendy Carranco, Kiwanis Club of Wauchula - Kiwanis International Day Proclamation B. Michelle McCreery, HCSO - National Public Safety Telecommunicators Week Proclamation 7. CONSENT AGENDA A. - Motion to approve Resolution 2026-21, A Resolution of the Board of County Commissioners of Hardee County, Florida, authorizing the submission of the fiscal year 2024-2025 Small Cities Community Development Block Grant application to Florida COMMISSIONERS ________________________________________________________________________________________ District I Timothy E. Wells District II Noey A. Flores District III E. Donald Chancey, Jr. District IV Russell A. Melendy District V Kenneth A. Miller ________________________________________________________________________________ County Manager Terry Atchley Clerk Victoria L. Rogers County Attorney Sarah Allen Assistant County Manager Doug Baber Assistant County Manager Christopher Simpron Administrative Services Manager Holly Smith Executive Assistant Brandy Crawford Deputy Clerk Laura Barker Deputy Clerk Jessica Santibanez Deputy Clerk Joley Pleger - Motion to approve the proclamation declaring Kiwanis International Day in Hardee County. - Motion to approve the proclamation declaring April 12-18, 2026, as National Public Safety Telecommunicators Week in Hardee County. Motion to approve Consent Agenda Items A & B as presented. 2

Commerce; authorizing and designating the County Manager or Chair to execute any necessary documents in furtherance thereof; and providing an effective date. B. - Motion to approve the budget amendments are presented. 8. PRESENTATIONS A. Terry Atchley, County Manager - Path Forward 9. BUSINESS AGENDA - Quasi-Judicial Items: 10. BUSINESS AGENDA - Ordinances: 11. BUSINESS AGENDA - Action Items: A. John Eason, City of Wauchula - Southwest Elevated Water Tower Project B. Joel Santana, Procurement Buyer - Award RFP 26-004 12. APPOINTMENTS 13. COUNTY MANAGER NON-CONSENT 14. COUNTY ATTORNEY 15. COMMENTS FROM COMMISSIONERS OR OTHER ELECTED OFFICIALS 16. REMINDERS 17. ADJOURNMENT - Motion to approve the water tower lease agreement between the County and the City of Wauchula in substantially the attached form, and authorization for the County Manager or Chair to sign any necessary documents in furtherance thereof. - Motion to approve Resolution 2026-22, A Resolution of the Board of County Commissioners of Hardee County, Florida, approving the ranking of proposals submitted in response to request for proposals number 26-004 for landfill debris mulching services; authorizing the County Manager to execute a contract with the top ranked firm; providing for authorization; and providing for an effective date. April 21, 2026 - TDC Meeting at 8:30 a.m. April 28, 2026 - EDA Meeting at 8:30 a.m. May 7, 2026 - BOCC Meeting at 8:30 a.m. 3

Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, County Manager's Office ITEM TYPE: Proclamation AGENDA SECTION: PROCLAMATIONS SUBJECT: Wendy Carranco, Kiwanis Club of Wauchula - Kiwanis International Day Proclamation SUGGESTED ACTION: - Motion to approve the proclamation declaring Kiwanis International Day in Hardee County. AGENDA ITEM NO. 6.A HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT ATTACHMENTS: Proclamation - Kiwanis International Day.docx 4

Kiwanis International Day PROCLAMATION WHEREAS, Kiwanis International is one of the largest service organizations in the world, with more than 430,000 members of all ages and abilities in more than 80 nations and geographic areas; and, WHEREAS, the members of the Kiwanis Club of Wauchula are devoted to improving the world one child and one community at a time, by seeking to give primacy to the human and spiritual rather than the material values of life; and, WHEREAS, in addition to improving the lives of children in Hardee County and in communities around the world, Kiwanis club members promote the development of community leaders, positive role models, intercultural understanding and cooperation, and opportunities for fellowship, personal growth, professional development and community service; and, WHEREAS, the first Kiwanis club started its service in Detroit, Michigan, U.S., in 1915; and the Kiwanis Club of Wauchula was formed on March 2, 1926; and, WHEREAS, the service provided by the Kiwanis Club of Wauchula will continue to have a positive impact on our community and citizens. NOW, THEREFORE, the BOARD OF COUNTY COMMISSIONERS of HARDEE COUNTY, recognizes “Kiwanis International Day” and commends the Kiwanis Club of Wauchula for its 100 years of dedicated service to the community. ADOPTED AND PASSED, this 16th day of April in the year 2026, by the Board of County Commissioners of Hardee County, Florida. ___________________________________ Noey Flores, Chair 5

Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, Hardee County Sheriff's Office ITEM TYPE: Proclamation AGENDA SECTION: PROCLAMATIONS SUBJECT: Michelle McCreery, HCSO - National Public Safety Telecommunicators Week Proclamation SUGGESTED ACTION: - Motion to approve the proclamation declaring April 12-18, 2026, as National Public Safety Telecommunicators Week in Hardee County. AGENDA ITEM NO. 6.B HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT ATTACHMENTS: Proclamation - National Public Safety Telecommunicators Week.docx 6

National Public Safety Telecommunicators Week PROCLAMATION WHEREAS, emergencies can strike unexpectedly, requiring swift action from law enforcement, firefighters, and emergency medical services; and, WHEREAS, the ability of our first responders to protect lives and preserve property is largely dependent on their ability to respond quickly and efficiently; and, WHEREAS, the dedication of Public Safety Telecommunicators is a critical part of this response, ensuring that accurate and timely information is provided to those who need it most; and, WHEREAS, these skilled professionals serve as the vital first point of contact, acting as the bridge between the community and emergency services during moments of crisis; and, WHEREAS, the Public Safety Telecommunicators in Hardee County continually provide invaluable support to law enforcement, firefighters, and paramedics, enhancing their safety and effectiveness in the field; and WHEREAS, the contributions of these men and women have been instrumental in helping to solve crimes, extinguish fires, and deliver lifesaving medical care; and WHEREAS, each telecommunicator consistently exemplifies exceptional professionalism, empathy, and unwavering commitment in their roles. NOW, THEREFORE, the BOARD OF COUNTY COMMISSIONERS of HARDEE COUNTY, do hereby proclaim the week of April 12-18, 2026, as “National Public Safety Telecommunicators Week” in Hardee County, in recognition of the tireless work, professionalism, and commitment to those whose efforts help keep our community safe. ADOPTED AND PASSED, this 16th day of April in the year 2026, by the Board of County Commissioners of Hardee County, Florida. ___________________________________ Noey Flores, Chair 7

Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, Grants Management Department ITEM TYPE: Consent Agenda AGENDA SECTION: CONSENT AGENDA SUBJECT: - Motion to approve Resolution 2026-21, A Resolution of the Board of County Commissioners of Hardee County, Florida, authorizing the submission of the fiscal year 2024-2025 Small Cities Community Development Block Grant application to Florida Commerce; authorizing and designating the County Manager or Chair to execute any necessary documents in furtherance thereof; and providing an effective date. SUGGESTED ACTION: AGENDA ITEM NO. 7.A HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT ATTACHMENTS: Memo -CDBG.pdf Resolution 2026-21 CDBG.docx 8

GRANTS MANAGEMENT BOARD OF COUNTY COMMISSIONERS NOEY FLORES CHAIR, DISTRICT 2 TIM WELLS VICE CHAIR, DISTRICT 1 DONALD CHANCEY DISTRICT 3 RUSSELL MELENDY DISTRICT 4 KENNY MILLER DISTRICT 5 LORIE AYERS GENERAL SERVICES DIRECTOR MARTHA FELIX GRANTS MANAGER MAILING ADDRESS 412 West Orange Street Suite 201 Wauchula, FL 33873 PHONE 863-773-6349 WEBSITE hardeecountyfl.gov Florida Commerce has announced the FY2024-25 Small Cities Community Development Block Grant (CDBG) application cycle. Hardee County is eligible to apply for funding in an amount not to exceed $5,534,000.00 for Neighborhood Revitalization and Housing Rehabilitation Program areas. These funds will be utilized for Housing Rehabilitation in the amount of $1,000,000.00 and Neighborhood Revitalization in the amount of $4,534,000.00. The Neighborhood Revitalization activities will include the following: • $350,000.00 for improvements to the Pioneer Park Playground and the 20% local match for development of the Local Road Safety Action Plan. • $1,720,000.00 for full design and permitting for the Bostick Roadway Improvements and engineering for Regional Master Lift Station Phase 9. • $1,864,000.00 for the 20% local match for the Bostick utility improvements. • $500,000.00 for the Griffin Road bridge repair. • $100,000.00 for the 33.33% local match for the Countywide Stormwater Master Plan project. Resolution No. 2026-21 authorizes the submission of the Fiscal Year 2024– 2025 Small Cities Community Development Block Grant (CDBG) application to Florida Commerce and designates the County Manager or Chairman of the Board to execute all necessary documents related to the application. Staff recommends approval to submit the grant applications. To: Terry Atchley, County Manager Through: Doug Baber, Assistant County Manager From: Martha Felix, Grants Manager Subject: FY2024-25 Small Cities CDBG Applications Date: April 02, 2026 9

RESOLUTION NO. 2026-21 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF THE FISCAL YEAR 2024-2025 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO FLORIDA COMMERCE; AUTHORIZING AND DESIGNATING THE COUNTY MANAGER OR CHAR TO EXECUTE ANY NECESSARY DOCUMENTS IN FURTHERANCE THEREOF; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Hardee County is preparing to apply for the FY2024-25 Small Cities Community Development Block Grant (CDBG); and WHEREAS it is necessary for the Commission to approve the submission of the Community Development Block Grant application; and WHEREAS it is necessary to designate signature authority to the County Manger or Chairman of the board; and WHEREAS it is necessary to establish an effective date. NOW, THEREFORE, BE IT RESOLVED BY THE HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS, AS FOLLOWS: Section 1. Recitals Adopted. The foregoing recitals are incorporated in this Resolution as if fully set forth herein and made a part hereof by reference. Section 2. Ratification and Approval. That the BOCC hereby approves the submission of the FY 2024-2025 Small Cities CDBG application. Section 3. Approval and Authorization. That the BOCC hereby approves and authorizes the County Manager or Chairman of the Board to sign the grant application, in a form approved by the County Attorney, and all additional necessary documents for acceptance of the grant. Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED this 16th day of April, 2026 at a regular meeting of The Board of County Commissioners of Hardee County, Florida. 10

THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA (SEAL) ______________________________ Noey Flores, Chair ATTEST: Board of County Commissioners _________________________________ Victoria L. Rogers, Ex-Officio Clerk to the Board of County Commissioners APPROVED AS TO FORM, CONTENT & LEGAL SUFFICIENCY: Sarah Johnston, County Attorney 11

Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, Budget and Finance ITEM TYPE: Consent Agenda AGENDA SECTION: CONSENT AGENDA SUBJECT: - Motion to approve the budget amendments are presented. SUGGESTED ACTION: AGENDA ITEM NO. 7.B HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT ATTACHMENTS: aaMemo amend cap 04.02.26.pdf Cap Amend 4.2.26.pdf 12

MANAGEMENT AND BUDGET BOARD OF COUNTY COMMISSIONERS TIM WELLS VICE-CHAIR, DISTRICT 1 NOEY FLORES CHAIR, DISTRICT 2 DONALD CHANCEY DISTRICT 3 RUSSELL MELENDY DISTRICT 4 KENNY MILLER DISTRICT 5 TERRY ATCHLEY COUNTY MANAGER SARAH JOHNSTON COUNTY ATTORNEY MAILING ADDRESS 412 West Orange Street Suite 201 Wauchula, FL 33873 PHONE 863-773-3199 WEBSITE hardeecountyfl.gov There are two amendments before you today. The first amendment is to add the FL Commerce Waterway Debris Removal Project to the FY26 budget. We are increasing the grant revenue by 1.9 million, increasing the related professional services line by $285,000, and increasing the infrastructure line by $1,615,000. The second amendment is adding the CPTA Florida Department of Commerce Mass Casualty Incident Plan Grant to the FY26 budget. We are increasing the grant line and increasing the professional service line by $60,000. Staff recommends approval of these amendments, To: Terry Atchley, County Manager Through: Douglas G. Baber, Assistant County Manager From: Diane Moore, Budget Manager Subject: Capital Amendments Date: March 23, 2026 13

April 2, 2026 Account Number Classification Adopted Budget Amended Budget Increase Decrease Revised Budget Notes 111-331-000-06 CDBG-DR Grant Peace River Restoration -$ -$ 1,900,000.00 1,900,000.00$ 111-525-531-06 Milton CDBG-DR Prosfessional Svcs -$ -$ 285,000.00 285,000.00$ 111-525-563-06 Milton CDBG-DR Peace River Restoration -$ -$ 1,615,000.00 1,615,000.00$ 135-334-500-03 CPTA FLDOC Mass Casualty Incident Plan -$ -$ 60,000.00 60,000.00$ 35-525-031-04 CPTA Mass Casualty Professional Svcs -$ -$ 60,000.00 60,000.00$ To add the CPTA Mass Casualty Incident Reunification Plan Agreement P0544 to the FY26 budget To add the FL Commerce Waterway Debris Removal Project Grant to the FY26 budget. CAPITAL BUDGET AMENDMENTS 2025-2026 14

Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, County Manager's Office ITEM TYPE: Presentation AGENDA SECTION: PRESENTATIONS SUBJECT: Terry Atchley, County Manager - Path Forward SUGGESTED ACTION: AGENDA ITEM NO. 8.A HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT 15

Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, County Manager's Office ITEM TYPE: Business Agenda - Action Items AGENDA SECTION: BUSINESS AGENDA - Action Items: SUBJECT: John Eason, City of Wauchula - Southwest Elevated Water Tower Project SUGGESTED ACTION: - Motion to approve the water tower lease agreement between the County and the City of Wauchula in substantially the attached form, and authorization for the County Manager or Chair to sign any necessary documents in furtherance thereof. AGENDA ITEM NO. 11.A HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT ATTACHMENTS: Water Tower Lease Agreement - City of Wauchula_Hardee County (2.12.25)(65941902.2).docx 16

WATER TOWER LEASE AGREEMENT THIS WATER TOWER LEASE AGREEMENT (this “Agreement” or “Lease”) is made and entered into as of the ___ day of ___________, 2026, by and between HARDEE COUNTY, a political subdivision of the State of Florida (“Lessor” or “County”), and the CITY OF WAUCHULA, a municipal corporation organized and existing under the laws of the State of Florida (“Lessee” or “City”), collectively referred to as the “Parties.” RECITALS: WHEREAS, Lessor is the owner of certain real property located at the Hardee County Civic Center, 770 Rec Complex Drive, Wauchula, Florida 33873 (the “County’s Property”); WHEREAS, Lessee has entered into a Standard Grant Agreement with the State of Florida Department of Environmental Protection for the project titled, Wauchula Southwest Area Elevated Water Tower with Transmission Lines, for the purpose of constructing drinking water infrastructure in the southwest quadrant of Wauchula (the “Project”); WHEREAS, Lessor desires to lease to Lessee, and Lessee desires to lease from Lessor, a portion of the County’s Property as more particularly described in Exhibit “A” attached hereto (the “Leased Premises”), for the Project for the purpose of constructing, installing, operating, and maintaining an elevated water tower and associated transmission lines to supply potable water to residents, visitors, and future development within the City and County; WHEREAS, Lessee’s proposed use of Leased Premises will not interfere with public rights or the use of surrounding property; and WHEREAS, the Parties deem it to be in the best interest of the health, safety, and welfare of City and County residents to enter into this long-term Lease for the construction, installation, operation, and maintenance of the water tower and associated infrastructure. NOW, THEREFORE, in consideration of the forgoing recitals, the covenants and conditions set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Leased Premises. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Leased Premises described in Exhibit “A” attached hereto and incorporated herein by reference, subject to the terms and conditions contained in this Lease. The Lessee’s leasehold interest includes the non-exclusive use of any and all easement rights for access and drainage that are appurtenant to and run with Lessor’s fee interest in the Leased Premises. 3. Term. The initial term of this Lease (the “Initial Term”) shall be twenty-five (25) years and shall commence on , 2026 (the “Commencement 17

Date”), and shall expire on 2051, unless sooner terminated as provided herein. Lessee shall have the irrevocable and exclusive right and option to extend the Initial Term of this Lease for two (2) additional twenty-five (25) year extension terms (each, an “Extended Term”) on the same terms, conditions, and covenants set forth in this Lease unless otherwise provided herein. Any Extended Term shall be exercised only by written notice delivered to the Lessor at least sixty (60) days prior to the expiration of the Initial Term or the prior Extended Term, if applicable. All terms and conditions of this Lease shall remain in effect during any extension period unless modified in writing by mutual agreement of the Parties. For purposes of this Lease, the Initial Term and any Extended Term, if applicable, shall collectively be referred to as the “Term” in this Lease. 4. Rent. As consideration for this Lease and for the rights and privileges granted herein, Lessee shall pay to County the sum of Ten Dollars ($10.00) per year, payable on or before the anniversary of the Lease Commencement Date each year during the Initial Term and any Extended Term. The Parties acknowledge that the nominal rent set forth herein constitutes good and sufficient consideration under Florida law and further acknowledge that Lessee’s construction and operation of the Water Tower Facilities provides substantial public benefit to Lessor and its residents. Lessee shall bear all other costs and expenses related to its use of the Leased Premises, including the cost of construction, operation, maintenance, and utilities. 5. Taxes and Assessments. To the extent permitted by law, Lessee shall be responsible for any taxes or special assessments levied or assessed directly against Lessee’s property, improvements, or activities on the Leased Premises. Lessor shall not be responsible for any taxes or assessments resulting from Lessee’s use. 6. Use of Premises. The Leased Premises shall be used solely for the purpose of constructing, operating, maintaining, repairing, and replacing a municipal water tower and related utility infrastructure, together with any appurtenant equipment, access drives, utility connections, fencing, and landscaping reasonably necessary to support such use (collectively, the “Water Tower Facilities”), in compliance with the requirements of the Lessee’s Standard Grant Agreement with the Florida Department of Environmental Protection. Lessee shall not use or permit the use of the Leased Premises for any purpose inconsistent with this Lease or prohibited by law, ordinance, or regulation. Lessee shall, at its sole cost, obtain and maintain all permits, approvals, and authorizations required by applicable governmental authorities in connection with its use of the Leased Premises and operation of the Water Tower Facilities. Lessee’s use of the Leased Premises shall be in a manner consistent with all applicable environmental, safety, and building codes and shall not unreasonably interfere with Lessor’s use of adjacent property. 7. Improvements and Ownership. All structures, fixtures, and improvements constructed or placed on the Leased Premises by Lessee shall remain the property of Lessee unless otherwise agreed in writing. 18

8. Assignment and Subletting. Lessee shall not assign, sublease, transfer, or encumber this Lease or any interest therein without the prior written consent of Lessor, which consent shall not be unreasonably withheld if the assignee is another public entity or a utility authority providing similar public service. Any attempted assignment or sublease without such consent shall be void and shall constitute a material breach of this Lease. 9. Maintenance and Repair. Lessee shall, at its sole cost, maintain the Leased Premises and all improvements thereon in a clean, safe, and orderly condition and shall promptly repair any damage caused by its operations. Lessee shall keep the area free from trash, debris, and hazards. Lessee shall provide prompt written notice to Lessor of any significant damage, accident, or condition affecting the Leased Premises or the Water Tower Facilities. 10. Inspection Rights. Lessor, through its authorized representatives, may enter upon the Leased Premises at reasonable times to inspect for compliance with this Lease and to perform any lawful governmental function, provided such entry does not materially interfere with Lessee’s operations. 11. Liability; Indemnification; Sovereign Immunity. Lessee shall, to the extent permitted by law, indemnify, defend, and hold Lessor harmless from any and all claims, damages, or liabilities arising out of Lessee’s use or occupancy of the Leased Premises, except to the extent caused by Lessor’s sole negligence. Nothing herein shall be construed as a waiver of either Party’s sovereign immunity or the monetary limitations of liability contained in section 768.28, Florida Statutes, as amended. The obligations of this Section shall survive the termination or expiration of this Lease. 12. Insurance. Lessee, as a governmental entity subject to section 768.28, Florida Statutes, shall maintain liability protection in accordance with Florida law and shall provide written verification of such protection to Lessor prior to commencement of construction and upon request thereafter. 13. Warranties. Each Party represents and warrants that it has full authority to enter into this Lease and to perform its obligations hereunder. Lessor warrants that it has the right to grant the leasehold interests in the Leased Premises and that, to the best of its knowledge, no liens or encumbrances materially interfere with Lessee’s use and enjoyment of the Water Tower Facilities. Lessee warrants that it will use, operate, and maintain the Leased Premises and Water Tower Facilities in compliance with all applicable laws, regulations, and permits and that its use will not create any hazard, nuisance, or undue risk. 14. Default and Remedies, Termination. An “Event of Default” by either Party shall occur if the other Party (i) fails to pay Rent or other amounts due under this Lease within thirty (30) days after written notice, (ii) fails to perform any other material obligation under this Lease within thirty (30) days after written notice, (iii) abandons the Leased Premises or ceases operations of the Water Tower Facilities for ninety (90) consecutive days without the other Party’s prior 19

written consent, or (iv) assigns, subleases, or transfers this Lease or any interest therein without the other Party’s prior written consent. Upon the occurrence of an Event of Default, the non-breaching Party may, in addition to any other remedy available at law or in equity: terminate this Lease upon thirty (30) days’ written notice, enter the Leased Premises to perform any obligation required of the defaulting Party (with the defaulting Party responsible for all costs incurred), or seek specific performance, injunctive relief, or any other remedies available under Florida law. The failure of either Party to enforce any provision of this Lease shall not constitute a waiver of any default or limit future enforcement. Lessee’s rights under this section specifically protect the City’s ability to operate, maintain, and access the Water Tower Facilities without interference from County, while County’s rights ensure protection of its property and compliance with lease obligations. 15. During the Initial Term of 25 years and the first extension, this Lease may be terminated only upon an Event of Default. After the expiration of the Initial Term and first extension, this Lease may be terminated by either Party, without cause, upon two (2) years’ prior written notice to the other Party, delivered in accordance with the Notices section of this Lease. Upon termination of this Lease for any reason, Lessee shall, at its sole cost and expense, restore the Leased Premises to its original condition, reasonable wear and tear excepted, unless the parties agree in writing, to leave the Water Tower Facilities and improvements in place. 16. Force Majeure. The period of time during which either Party is prevented or unavoidably delayed in the performance or the making of any improvement or repairs, or fulfilling any obligation required under this Lease, other than the payment of rent or additional rent, due to fire, catastrophe, strikes or labor troubles, civil commotion, Acts of God, or similar circumstances beyond such Party’s reasonable control, shall be added to such Party’s time for performance thereof, and such Party shall have no liability by reason thereof; provided, however, that if such performance could have been effectuated by, or any default thereof cured by, the payment of money with respect to any such obligation, then in no event shall the inability of that Party to make available sufficient funds be deemed to be a force majeure. 17. Quiet Enjoyment. Lessor covenants and agrees that Lessee, on performing the covenants contained herein, shall and may peaceably and quietly hold and enjoy the Leased Premises during the Term. 18. Compliance with Laws. Lessee shall at all times comply with all applicable laws, ordinances, codes, rules, and regulations governing the construction, operation, and maintenance of the Water Tower Facilities. 19. Records and Public Access. This Lease and all records generated pursuant to it are subject to public disclosure in accordance with Chapter 119, Florida Statutes (Public Records Law). The Parties shall maintain records in a manner consistent with Florida’s public records retention requirements. 20

20. Notices. Any and all notices, demands, consents, approvals or other communication which is required or may be given under this Lease shall be in writing and shall be deemed to have been duly given if transmitted by hand-delivery with receipt thereof, by a nationally recognized overnight delivery service, or by certified mail posted prior to the expiration date for such notice, return receipt requested and first class postage prepaid, to the following addresses: If to Lessee: City of Wauchula Attn: City Manager 126 South 7th Avenue Wauchula, Florida 33873 With a copy to: GrayRobinson, P.A. Attn: Kristie Hatcher-Bolin, City Attorney One Lake Morton Drive Lakeland, Florida 33801 If to Lessor: Hardee County Board of County Commissioners Attn: County Manager 412 West Orange Street Wauchula, Florida 33873 With a copy to: County Attorney Hardee County 412 West Orange Street Wauchula, Florida 33873 or to such other contact person or address as a Party may have specified in writing to the other Party using the procedures contained in this Section. Notices sent (i) via hand delivery shall be deemed delivered when received; (ii) via overnight delivery by a nationally recognized overnight delivery service shall be deemed delivered on the next business day after deposit with such service; and (iii) via certified mail shall be deemed delivered on the date of receipt. 21. Severability. If any one or more of the provisions of this Lease should be held contrary to law or public policy, or should for any reason whatsoever be held invalid or unenforceable by a court of competent jurisdiction, then such provision shall be null and void and shall be deemed separate from the remaining provisions of this Lease, which remaining provisions shall continue in full force and effect, provided that the rights and obligations of the Parties contained herein are not materially prejudiced and the intentions of the Parties continue to be effective. 22. Amendments. This Lease may not be amended unless such amendment is in writing and duly executed by the Parties hereto. 23. Entire Agreement. This Lease contains the final and entire agreement between the Parties hereto with respect to the matters set forth herein and contains all of the terms and 21

conditions agreed upon with respect thereto, and no other agreements, oral or otherwise, regarding the subject matter of this Lease shall be deemed to exist or to bind the Parties hereto; it being the intent of the Parties that neither shall be bound by any term, condition, or representation not herein written. 24. Headings. Headings of the Sections in this Lease have been included for convenience and reference only, and the words contained therein shall in no way be held to explain, amplify, or aid in the interpretation, construction or meaning of the provisions of this Lease. 25. Governing Law. This Lease shall be governed by the laws of the State of Florida. Venue of any disputes relating to this Lease shall be solely in Hardee County, Florida. 26. Multiple Counterparts. This Lease may be executed in more than one counterpart, all of which taken together shall constitute one and the same original, and the execution of separate counterparts by the Parties shall bind the Parties as if they had each executed the same counterpart. [SIGNATURE PAGES FOLLOW] 22

IN WITNESS WHEREOF, the Parties have executed this Water Tower Lease Agreement as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS HARDEE COUNTY, FLORIDA, a political subdivision of the State of Florida (SEAL) By:______________________________ Chair / Vice Chair Date:_____________________________ ATTEST: ___________________________ Clerk / Deputy Clerk of the Board As authorized by the Board of County Commissioners at its meeting on: _________________________________ STATE OF FLORIDA COUNTY OF HARDEE The foregoing instrument was acknowledged before this by [ ] physical presence or [ ] online notarization this _________ day of ____________, 2026, by ___________________, as ________________ of Hardee County, Florida, a political subdivision of the State of Florida, on behalf thereof. He/She [ ] is personally known to me or [ ] has produced _____________ as identification. _________________________________ Signatures of Notary Public [NOTARY SEAL] _________________________________ Notary Name Typed, Printed or Stamped My Commission No.:________________ My Commission Expires:_____________ [REMAINING SIGNATURES ON FOLLOWING PAGE] 23

IN WITNESS WHEREOF, the Parties have executed this Water Tower Lease Agreement as of the day and year first above written. CITY OF WAUCHULA, FLORIDA a Florida municipal corporation By: Richard K. Nadaskay, Jr. Mayor Date: ATTEST: APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF WAUCHULA, FLORIDA, ONLY Stephanie Camacho, City Clerk Kristie Hatcher-Bolin, City Attorney STATE OF FLORIDA COUNTY OF HARDEE The foregoing instrument was acknowledged before this by [ ] physical presence or [ ] online notarization this _________ day of ____________, 2025, by ___________________, as ________________ of the City of Wauchula, Florida, a political subdivision of the State of Florida, on behalf thereof. He/She [ ] is personally known to me or [ ] has produced _____________ as identification. _________________________________ Signatures of Notary Public [NOTARY SEAL] _________________________________ Notary Name Typed, Printed or Stamped My Commission No.:________________ My Commission Expires:_____________ 24

Exhibit “A” Leased Premises 25

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Item Cover Page DATE: April 16, 2026 SUBMITTED BY: Brandy Crawford, Purchasing Department ITEM TYPE: Business Agenda - Action Items AGENDA SECTION: BUSINESS AGENDA - Action Items: SUBJECT: Joel Santana, Procurement Buyer - Award RFP 26-004 SUGGESTED ACTION: - Motion to approve Resolution 2026-22, A Resolution of the Board of County Commissioners of Hardee County, Florida, approving the ranking of proposals submitted in response to request for proposals number 26-004 for landfill debris mulching services; authorizing the County Manager to execute a contract with the top ranked firm; providing for authorization; and providing for an effective date. AGENDA ITEM NO. 11.B HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM REPORT ATTACHMENTS: Memo - Landfill 26-004 Contract.pdf DRAFT_Resolution Move forward with Contract.docx Contract PSA_26-004.docx 26-004 Publication Affadavit.pdf RFP 26-004 Bid Document.pdf Final Ranking.pdf Big Dog Express of South Florida_Bid Document.PDF 27

Procurement BOARD OF COUNTY COMMISSIONERS NOEY FLORES CHAIR, DISTRICT 2 TIM WELLS VICE CHAIR, DISTRICT 1 DONALD CHANCEY DISTRICT 3 RUSSELL MELENDY DISTRICT 4 KENNY MILLER DISTRICT 5 TERRY ATCHLEY COUNTY MANAGER SARAH JOHNSTON COUNTY ATTORNEY MAILING ADDRESS 412 West Orange Street Suite 103 Wauchula, FL 33873 PHONE 863-773-9430 WEBSITE hardeecountyfl.gov On January 29, 2026, Hardee County issued Request for Proposals (RFP) No. 26- 004 seeking qualified firms to provide landfill debris mulching and related services at the Hardee County Landfill. The solicitation was publicly advertised and conducted in accordance with County procurement requirements to ensure open competition and transparency. The RFP included evaluation criteria consisting of: • Firm qualifications • Staff experience and qualifications • Approach to the scope of work • Price proposal Proposals were received and reviewed for responsiveness and compliance with the RFP requirements. A duly appointed Evaluation Committee evaluated the proposals during a publicly noticed meeting held on March 13, 2026. Based on the established evaluation criteria, the firms were ranked as follows: 1. Big Dog Express of South Florida (Top-Ranked) 2. Consolidated Resource Recovery The Evaluation Committee determined that the top-ranked firm is the most qualified and responsive proposer, offering the best overall value to the County. Staff Recommendation: Approve the Evaluation Committee’s ranking of proposals for RFP No. 26 -004; and Authorize the County Manager to execute a contract with Big Dog Express of South Florida. To: Terry Atchley, County Manager Through: Doug Baber, Assistant County Manager Lorie Ayers, General Services Director From: Colton English, Procurement Manager Subject: RFP 26-004 Landfill Mulching Date: March 24, 2026 28

1 RESOLUTION NO. 2026-22 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA, APPROVING THE RANKING OF PROPOSALS SUBMITTED IN RESPONSE TO REQUEST FOR PROPOSALS NO. 26-004 FOR LANDFILL DEBRIS MULCHING SERVICES; AUTHORIZING THE COUNTY MANAGER TO EXECUTE A CONTRACT WITH THE TOP- RANKED FIRM; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 29, 2026, Hardee County (the “County”) issued Request for Proposals No. 26-004 (the “RFP”) seeking proposals from qualified firms to provide landfill debris mulching and related services at the Hardee County Landfill (the “Services”); and WHEREAS, the RFP established evaluation criteria including firm qualifications, staff experience and qualifications, approach to scope of work, and price proposal, and provided that proposals would be evaluated and ranked by an Evaluation Committee based on such criteria; and WHEREAS, proposals were received by the County in accordance with the RFP requirements and were reviewed for responsiveness and compliance with the minimum qualifications set forth in the RFP; and WHEREAS, the County Manager appointed an Evaluation Committee to review, evaluate, and rank the responsive proposals in accordance with the RFP and applicable procurement requirements; and WHEREAS, on March 13, 2026, the Evaluation Committee met in a duly noticed public meeting and evaluated the proposals using the established criteria and developed the following ranking of firms: 1. Big Dog Express of South Florida 2. Consolidated Resource Recovery WHEREAS, the Evaluation Committee determined that the top-ranked firm is the most qualified and responsive proposer and that its proposal is the most advantageous to the County, taking into consideration all evaluation factors set forth in the RFP; and 29

2 WHEREAS, the Board of County Commissioners (the “Board”) desires to approve the ranking of the proposals and authorize the County Manager to proceed with contract execution with the top-ranked firm without further negotiations; and WHEREAS, the Board finds that the proposal submitted by the top-ranked firm provides pricing, terms, and conditions that are fair, competitive, and reasonable, and that further negotiations are not necessary; and WHEREAS, the Board finds that approving the ranking and authorizing contract execution is in the best interest of the County. NOW, THEREFORE, BE IT RESOLVED BY THE HARDEE COUNTY BOARD OF COUNTY COMMISSIONERS, AS FOLLOWS: Section 1. Recitals Adopted. The foregoing recitals are incorporated in this Resolution as if fully set forth herein and made a part hereof by reference. Section 2. Approval. The Board hereby approves the ranking of proposals submitted in response to RFP No. 26-004 as follows: 1. Big Dog Express of South Florida 2. Consolidated Resource Recovery Section 3. Authorization. The Board hereby authorizes the County Manager to execute a contract with the top-ranked firm for the Services, subject to final review and approval as to form and legal sufficiency by the County Attorney Section 4. Effective Date. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED this ______ day of Month, 2026 at a regular meeting of The Board of County Commissioners of Hardee County, Florida. [SIGNATURE PAGE TO FOLLOW] 30

3 THE BOARD OF COUNTY COMMISSIONERS OF HARDEE COUNTY, FLORIDA Noey A. Flores Board Chair ATTEST: Victoria L. Rogers Ex-Officio Clerk to the Board of County Commissioners APPROVED AS TO FORM, CONTENT & LEGAL SUFFICIENCY: BRYANT MILLER OLIVE, P.A. COUNTY ATTORNEY 31

HARDEE COUNTY PROFESSIONAL SERVICES AGREEMENT 1 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT (this “Agreement”) is made effective as of the ____ day of __________2026 (the “Effective Date”), by and between HARDEE COUNTY, FLORIDA, a political subdivision existing under the laws of Florida, (the “County”), and BIG DOG EXPRESS OF SOUTH FL, INC. (hereinafter, the “Contractor”). WHEREAS, on _________________, the County awarded the Contractor a contract for Yard Waste and Stump Grinding Services (the “Services”), pursuant to Request for Proposals No. 26-004 attached as Composite Exhibit “A”; and WHEREAS, on ________________________, the Board of County Commissioners approved and awarded RFP No. 26-004 to the Contractor, and WHEREAS, the Contractor will perform the Services for the County, as outlined in Exhibit “A” and further described in Contractor’s Response (the “Proposal”) included as part of Composite Exhibit “A” and incorporated as if set forth herein; and WHEREAS, the Contractor and County, through the RFP process, have agreed upon the fee/rate schedule set forth in Exhibit “B” (the “Fee/Rate Schedule”) for the Services; and WHEREAS, the County desires to engage the Contractor to perform the Services and provide the deliverables as specified herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Contractor and the County agree as follows: 1. Recitals Adopted. The above recitals are true and correct and are incorporated herein by this reference. All initially capitalized terms used but not otherwise defined herein shall have the meaning ascribed thereto in the Agreement. 2. Scope of Services. 2.1. Contractor shall provide the Services as set forth in Exhibit “A” in accordance with the Proposal incorporated herein by reference (the “Services”). 2.2. Contractor shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter “Deliverables”) to the County. 2.3. The Contractor shall abide by the terms and requirements of RFP No. 26-004 as though fully set forth herein. 3. Term/Commencement Date. 3.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter, unless earlier terminated in accordance with Subsection 9. Additionally, subject to prior written approval of the parties, this Agreement may be renewed for up to two (2) additional one (1) year terms on the same terms as set forth herein. 3.2. Contractor agrees that time is of the essence and Contractor shall complete the Services within the term of this Agreement, unless extended by the County Manager. 32

HARDEE COUNTY PROFESSIONAL SERVICES AGREEMENT 2 4. Compensation and Payment. 4.1. Compensation for Services provided by Contractor shall be in accordance with the Fee Schedule and in a total amount not to exceed $50,000 per fiscal year. Additional expenses that are not included in the Rate Schedule must be pre-approved, in writing by the County, and will be considered as line-item reimbursements, without markup. 4.2. Contractor shall deliver an invoice to the County no more often than once per month detailing Services completed and the amount due to Contractor under this Agreement. Fees shall be paid in arrears each month, pursuant to Contractor’s invoice, which shall be based upon the percentage of work completed for each task invoiced. The County shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the County Manager. 5. Subcontractors. The Contractor shall be responsible for all payments to any subcontractors and shall maintain responsibility for all work related to the Services and/or any Project. Contractor may only utilize the services of a particular subcontractor with the prior written approval of the County Manager, which approval may be granted or withheld in the County Manager’s sole and absolute discretion. 6. County’s Responsibilities. 6.1. County shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the County, and provide criteria requested by Contractor to assist Contractor in performing the Services. 6.2. Upon Contractor’s request, County shall reasonably cooperate in arranging access to public information that may be required for Contractor to perform the Services. 7. Contractor’s Responsibilities; Representations and Warranties. 7.1. The Contractor shall exercise the same degree of care, skill, and diligence in the performance of the Services for each Project as is ordinarily provided by a Contractor under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Contractor’s Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to County requests, the Contractor shall at Contractor’s sole expense, immediately correct its Deliverables or Services. 7.2. The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for County as an independent Contractor of the County. Contractor further warrants and represents that it has the required knowledge, expertise, and experience to provide contracted services. 7.3. The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for County as an independent Contractor of the County. Contractor further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first-class manner. 7.4. The Contractor represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Contractor have been duly authorized, and this Agreement is binding on Contractor and enforceable against Contractor in accordance with its terms. No consent of any other person or entity to such execution, delivery 33

HARDEE COUNTY PROFESSIONAL SERVICES AGREEMENT 3 and performance is required. 8. Conflict of Interest. To avoid any conflict of interest or any appearance thereof, Contractor shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the County. 9. Termination. 9.1. Termination for Convenience: If the County determines that it is in its best interest to do so, the County may terminate the Contract without cause upon thirty (30) days’ written notice to the Contractor. If the County terminates the Contract pursuant to this subsection, Contractor shall promptly submit to the County its costs to be paid on work performed up to the time of termination. If the Contractor has any property belonging to the County in its possession, Contractor shall account for the same and dispose of it as directed by the County. 9.2. Termination for Default: the County may terminate the Contract for cause at any time immediately upon written notice to the Contractor, if: (1) the Contractor fails to fulfill or abide by any of the terms or conditions specified in the Contract Documents; (2) the Contractor fails to perform in the manner called for in the Contract Documents; or (3) the Contractor does not provide services in accordance with the requirements of the specifications in the Contract Documents. In its sole discretion, the County may allow the Contractor an appropriately short period of time in which to cure a defect in performance or non-performance. In such case, the County’s written notice of termination to the Contractor shall state the time period in which cure is permitted and other appropriate conditions, if applicable. Any such termination for default shall not in any way operate to preclude the County from also pursuing all available remedies against Contractor and its sureties for said breach or default. The Contractor may terminate the Contract for cause if the County fails to fulfill or abide by any duties or conditions specified in the Contract Documents, provided that Contractor must first provide notice of the alleged breach to the County and give the County thirty (30) days written notice to cure the alleged breach. If the County cures the alleged breach or is making a good faith effort to cure said breach during the thirty (30) day cure period, Contractor may not terminate the Contract. 9.3. Non-Appropriation. In the event the County, in its sole discretion, determines that sufficient budgeted funds are not available to appropriate for payments due to Contractor under this Agreement, the County shall notify Contractor of such occurrence and this Agreement shall terminate on the last day of the current fiscal period without any penalty or expense to the County. 9.4. Upon receipt of the County's written notice of termination, Contractor shall immediately stop work on the project unless directed otherwise by the County Manager. 9.5. The Contractor shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the County, in a hard copy and electronic format within ten (10) days from the date of the written notice of termination or the date of expiration of this Agreement. 9.6. In the event of termination by the County, the Contractor shall be paid for all work accepted by the County Manager up to the date of termination, provided that the Contractor has first complied with the provisions of Paragraph 9.5. 9.7. Upon termination, the non- defaulting Party shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, the Agreement. 10. Default. If Contractor fails to timely begin the Work, or fails to perform the Work with sufficient workers and equipment or with sufficient materials to insure the prompt completion of the Work within the 34

HARDEE COUNTY PROFESSIONAL SERVICES AGREEMENT 4 Contract Time, or shall perform the Work unsuitably, or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the Work pursuant to the accepted schedule or if the Contractor shall fail to perform any material term set forth in the Agreement or if Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the Work in an acceptable manner, the County may, in accordance with Section 9.2, terminate the services of Contractor, exclude Contractor from the Project site, provide for alternate prosecution of the Work, appropriate or use any or all materials and equipment on the Project site as may be suitable and acceptable, and may finish the Work by whatever methods it may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the Project is completed. All damages, costs and charges incurred by the County, together with the costs of completing the Project, shall be deducted from any monies due or which may become due to Contractor. In case the damages and expenses so incurred by County shall exceed monies due Contractor from the County, Contractor shall be liable and shall pay to the County the amount of said excess promptly upon demand therefore by the County. In the event it is adjudicated that the County was not entitled to terminate the Contract as described hereunder for default, the Contract shall automatically be deemed terminated by the County for convenience as described herein. 11. Re-Procurement Upon Termination. If this Agreement is terminated by the County for cause, in addition to all other remedies, Contractor shall be liable for all expenses incurred by the County in reprocuring elsewhere the same or similar items or services offered by Contractor. 12. Insurance. The provisions of this section shall survive termination of this Agreement. 12.1. Contractor shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to County, naming the County as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers naming the County as additional insured. Any insurance maintained by the County shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the County as it deems necessary or prudent. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $500,000 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. Professional Liability Insurance in an amount of not less than $1,000,000 per occurrence, single limit. 35

HARDEE COUNTY PROFESSIONAL SERVICES AGREEMENT 5 12.2. Certificate of Insurance. Certificates of Insurance shall be provided to the County, reflecting the County as an Additional Insured (except with respect to Professional Liability Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by County and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to County prior to cancellation, termination, or material alteration of said policies or insurance. The Contractor shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the County. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The County reserves the right to inspect and return a certified copy of such policies, upon written request by the County. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the County before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the County. 12.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s Compensation Insurance, the County is to be specifically included as an Additional Insured for the liability of the County resulting from Services performed by or on behalf of the Contractor in performance of this Agreement. The Contractor’s insurance, including that applicable to the County as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the County shall be in excess of and shall not contribute to the Contractor’s insurance. The Contractor’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 12.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the County. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 13. Nondiscrimination. During the term of this Agreement, Contractor shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and will abide by all Federal and State laws regarding nondiscrimination. 14. Attorney’s Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 15. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the County, its elected officials, officers and employees, from any and all liabilities, any and all claims, including claims for equitable or injunctive relief, damages, losses and costs, including but not limited to reasonable attorney’s fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of Contractor, its employees, agents, officers, subcontractors and other persons employed or utilized by Contractor in the performance of this agreement. It is the specific intent of the parties hereto that the foregoing indemnification provision comply with section 725.08, Florida Statutes. It is further the specific intent and agreement of the parties that all the contract documents of any project 36

HARDEE COUNTY PROFESSIONAL SERVICES AGREEMENT 6 for which Contractor provided services be hereby amended to include the foregoing indemnification. Contractor expressly agrees that it will not claim, and waives any claim, that this article violates section 725.08 Florida Statutes, or is unenforceable pursuant to section 725.08, Florida Statutes. This indemnification obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this section, including but not limited to any immunity from or limitation of liability to which the County is entitled to pursuant to the doctrine of sovereign immunity or section 768.28, Florida Statutes. This indemnification provision shall include claims made by an employee of Contractor against the County and Contractor waives any entitlement to immunity under section 440.11, Florida Statutes. This indemnificati