Poinciana West Community Development District

Agenda Package September 18, 2019

-. -·

Poinciana West
Community Development District

135 W. Central Blvd., Suite 320, Orlando, Florida 32801
Phone: 407-841-5524- Fax: 407-839-1526

September 11, 2019

Board of Supervisors Poinciana West Community Development District

Dear Board Members:

The Board of Supervisors of Poinciana West Community Development District will meet Wednesday, September 18, 2019 at 9:30 AM at the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. Following is the advance agenda for the meeting:

Roll Call
Pledge of Allegiance
Public Comment Period on Agenda Items
Approval of Minutes of the July 17, 2019 Meeting
Organizational Matters
Discussion of Process of Filling Vacancy in Seat #3 with a Term Ending November 2020
Discussion of Merger of Poinciana and Poinciana West CDDs
Review of Revised Rules of Procedure and Setting a Public Hearing
Discussion of Videotaping Board Meetings
Consideration of Landscape Maintenance Agreement with Floralawn Landscape
Consideration of Proposals for Stocking Pond 6 with Fish
Staff Reports
Attorney
Engineer
District Manager
Approval of Check Register
Balance Sheet and Income Statement
Field Manager
Field Manager's Report
Customer Complaint Log
Supervisor's Requests
General Audience Comments
Other Business
Next Meeting Date - November 20, 2019
Adjournment

The second order of business is the reciting of the Pledge of Allegiance.

The third order of business is the Public Comment Period where the public has an  opportunity  to be heard on propositions coming before the Board as reflected on the agenda, and any other items.

The fourth order of business is the approval of minutes of the July 17, 2019 meetings. The minutes are enclosed for your review.

The fifth order of business is Organizational Matters. Section A is the discussion of process for filling the Board vacancy in Seat #3 with a term ending November 2020. This is an open discussion item.

The sixth order of business is the discussion of a potential merger of the Poinciana  and Poinciana West CDDs. This is an open discussion item and no back-up material is available.

The seventh order of business is the review of the revised proposed Rules of Procedure and setting a public hearing to adopt revised rules. A copy of the memorandum summarizing changes and the proposed Rules are enclosed for your review.

The eighth order of business is the discussion of videotaping Board meetings. This is an open discussion item and any back-up materials will be presented at the meeting.

The ninth order of business is the consideration of the landscape maintenance agreement with Floralawn Landscape. A copy of the agreement is enclosed for your review.

The tenth order of business is the consideration of proposals for stocking Pond 6 with fish. Copies of the proposals will be provided under separate cover.

The eleventh order of business is Staff Reports. Section C is the District Manager's Report. Sub­ Section 1 includes the check register for approval and Sub-Section 2 includes the balance sheet and income statement for your review. Section D is the Field Manager's Report. The report containing the monthly treatment reports is enclosed for your review.  Sub-Section  2 includes the customer complaint log for review.

The balance of the agenda will be discussed at the meeting. In the meantime, if you have any questions, please contact me.

Sincerely,

r-
George S. Flint
District Manager

CC:		Michael Eckert, District Counsel Kathleen Leo, District Engineer Alan Scheerer, Field Manager
Clayton Smith, Assistant Field Manager Darrin Mossing, GMS

Enclosures

MINUTES

MINUTES OF MEETING POINCIANA WEST
COMMUNITY DEVELOPMENT DISTRICT

The Regular meeting of the Board of Supervisors of the Poinciana West Community Development District was held on Wednesday, July 17, 2019 at 9:30 a.m. in Mosaics,  388 Village Drive, Poinciana, Florida.

Present and constituting a quorum were:

Charles Case Shirley Bzdweka Peggy Gregory Roy LaRue

Chairman Assistant Secretary Assistant Secretary Assistant Secretary

Also present were:

George Flint Michael Eckert Kathy Leo Clayton Smith Residents

District Manager District Counsel District Engineer Field Manager

The following is a summary of the discussions and actions taken at the July 17, 2019 Poinciana West Community Development District's Board of Supervisors Meeting.

FIRST ORDER OF BUSINESS	Roll Call
Mr. Case called the meeting to order, called roll, and a quorum was established.

SECOND ORDER OF BUSNESS
The Pledge of Allegiance was recited.

Pledge of Allegiance

THIRD ORDER OF BUSINESS	Public Comment Period on Agenda Items
Before opening public comment period Mr. Case noted that Supervisor Lenny Vento, the Vice Chairman of the Board of Supervisors, passed away the week before. Mr. Case spoke about Mr. Vento for a time and expressed his condolences. Ms. Bzdweka spoke next about Mr. Vento and stated he will be very missed. Ms. Gregory expressed her condolences as well. Mr. LaRue

July 17, 2019	Poinciana West CDD

noted that he attended Mr. Vento's celebration of life and stated that it was a testament to  Lenny's popularity within the community. Mr. Eckert spoke about the pleasure of working with Lenny since he joined the Board. Ms. Leo noted that she only knew Lenny in a professional capacity but he will be missed. Mr. Flint expressed his condolences. The Board members took a moment of silence in remembrance of Mr. Vento.
Mr. Case asked for any members of the public that would like to comment on agenda items to do so at this time. There were no comments, the next item followed.

FOURTH ORDER OF BUSINESS	Organizational Matters
Discussion of Process to Fill Seat #3 Board Vacancy
Mr. Case noted he was not prepared to discuss this item and suggested the item be tabled to the next meeting. The Board agreed the item should be tabled.

FIFTH ORDER OF BUSINESS	Approval of Minutes of the March 19,
2019 and May 7, 2019 Meetings

On MOTION by Ms. Bzdweka, seconded by Mr. LaRue, with all in favor, the Minutes of the March 19, 2019 Meeting, were approved.

Mr. Case presented the minutes of the March 19, 2019 meeting and asked for comments, questions, or changes. Mr. LaRue stated his opinion that there should be a live recording, preferably a video recording, of the meetings so everyone can watch. Mr. LaRue noted he had no comments or changes to the March 19, 2019 minutes that were in the agenda.

Mr. Case presented the minutes of the May 7, 2019 meeting and asked for comments or changes to the minutes. Mr. LaRue noted the second bullet point on page 5 needed clarification. Mr. Eckert suggested they might have meant down instead of done. Mr. LaRue asked for clarification on the third bullet point on page 6, regarding the comment from Mr. Case. Mr. Case noted he questioned the attorney about reviewing the Ethics Law to see if anyone on the Board was involved with any contributions or support of the firm representing Poinciana. Mr. Flint noted at this point in the meeting the issue at hand is if the minutes accurately reflect what was said, and he believed they did. If the Board needs to have a discussion about the content being

July 17, 2019	Poinciana West CDD

talked about and not the accuracy of the minutes, that can be brought up under the attorney section. Mr. Eckert noted he planned to bring it up.

On MOTION by Ms. Bzdweka, seconded by Mr. Case, with all in favor, the Minutes of the May 7, 2019 Meeting, as amended, were approved.

Mr. LaRue noted on page 8 there was discussion on the revised Check Register from March 11th through April 30th•  He noted there was a corrected  check register that was presented at the meeting for the sum of $69,727.83 and that should be corrected in the meeting  minutes. Mr. Flint stated that was correct and they would get that changed. Mr. LaRue had no other changes. Ms. Gregory voiced her opinion that they should video record the meetings or live stream them. Mr. Flint noted he would discuss the topic of video recording later in the meeting.

SIXTH ORDER OF BUSINESS	Consideration	of	Resolution	2019-06
Amending the Location of the Fiscal Year 2020 Budget Hearing
Mr. Flint presented Resolution 2019-06. He noted the original resolution set the public hearing as being in the ballroom. Because of the renovations that room is not available, and the new resolution is amending the location of the public hearing.

On MOTION by Mr. LaRue, seconded by Ms. Bzdweka, with all in favor, Resolution 2019-06 Amending the Location of the  Fiscal Year 2020 Budget Hearing, was approved.

SEVENTH ORDER OF BUSINESS	Public Hearing
Consideration of Resolution 2019-07 Adopting the Fiscal Year 2020 Budget and Relating to the Annual Appropriations

On MOTION by Ms. Bzdweka, seconded by Ms. Gregory, with all in favor, the Public Hearing on Resolution 2019-07 and Resolution 2019-08 was opened.

Mr. Flint asked for a motion to open the public hearing.

Mr. Flint presented Resolution 2019-07. He noted at a prior meeting the Board had approved a proposed budget and set the date, place, and time of the public hearing for today for the final consideration. Mr. Flint reviewed the revised proposed budget, and noted it  was different than what the Board had seen in May. He noted the main difference on the revenue side

July 17, 2019	Poinciana West CDD

in the new version of the budget was that they were proposing a Capital Reserve Fund be created. The assessment line item remains the same, there is no proposed increase in the per unit Operations & Maintenance assessment. The carryforward surplus increased to $348,853.  All but
$33,000  of  that  will  get  moved  to  a  Capital  Reserve  Fund.  Page  6  shows  a  transfer  in of
$315,592. This segregates those funds from the General Reserve so they are set aside for any future projects like lake bank restoration, or storm water structure repair, failed pipes, etc. Those would be expensed out of your Capital Reserve Fund. It makes it easier to see what you have in Reserves.
Mr. Flint reviewed the operating expenses in the 2020 budget compared to 2019. The operating expenses are going down by $46,000. The majority of that is engineering, attorney's fees, etc. As a result of meeting every other month, there's a $6,000 savings.
Mr. Flint noted it is not a requirement to create the Capital Reserve Fund and the Board could choose to decide to leave it the way it was in the past. In that case, they would change the carry forward to $33,261 and remove the transfer out to Capital Reserves. Mr. Case asked for any comments or changes.
Mr. Case asked for any comments from the public on the budget. A Resident asked if going forward will future budgets be based on the actual expenditure. Mr. Flint noted they trued up the line items based on what the current year projected actuals are.
Mr. Robert Santiago (1250 Cambria Bend) asked for clarification on Capital Expenditures. Mr. Flint clarified that if they put that number on the General Fund, it would be budgeted twice. The resident asked about attorney's fees, Mr. Eckert and Mr. Flint noted they were suggesting a $20,000 reduction. Mr. Flint noted they suggested the attorney's fees go from
$50,000 to $30,000. He also noted that Engineering went from $20,000 to $15,000 and Supervisor's fees from $12,000 to $6,000.
Mr. Flint stated if it was more confusing to create a new account, they could use the old system if the Board chose to. Mr. LaRue suggested continuing the old method. The Board agreed to Mr. LaRue's suggestion.
Resident  (759  San  Raphael  Street) inquired  about  the  balance  sheet,  he asked  if the
$350,000 is required to be with SunTrust. He noted he receives 2.5%. Mr. Flint noted the types of investments are specifically stated in the Statutes, it includes local government investments pools which the SBA is the primary one. He stated the District is limited  in what they can invest

July 17,2019	Poinciana West CDD

in because it needs to be stable. The Board briefly discussed the pros and cons of different accounts and the risks. The Board noted they would research all their options and choose the option that is both safe and benefits Poinciana West.
Mr. Case asked for any further public comments regarding the budget or assessments.

On MOTION by Ms. Bzdweka, seconded by Ms. Gregory, with all in favor, Closing the Public Hearing on Resolution 2019-07 and Resolution 2019-08, was approved.

Hearing none, a motion to close the public hearing was requested.

Ms. Gregory brought up the $23,000 being used to correct the water systems, and asked Ms. Leo if they are anticipating any other extraordinary expenses. Mr. Eckert stated they will be acquiring two more ponds at some point. Ms. Leo noted the budget estimate for Engineering was a fair estimate. Mr. LaRue questioned if a projection of $15,000 was necessary if the closeout for 2019 was $7,000. Ms. Leo noted they had not done an annual inspection this year, and that is an expense they will have next year.
Ms. Gregory pointed out the $2,000 that Sarah, who attended the meeting in May, charged the Board for 7 hours. Ms. Gregory suggested video conferencing to cut down on travel expenses. Mr. Eckert pointed out that Sarah traveled to the meeting, attended the meeting, and prepared for the meeting and that was all included in the 7 hours. Mr. Eckert stated that travel time is split among other meetings they have in the area. Ms. Bzdweka stated that she was tired of addressing the same topics repeatedly at every meeting.
Mr. Flint noted that Mr. Eckert can participate at meetings via conference calls, if the Board wanted to take that route. Ms. Gregory asked Mr. Flint for clarification about the $5,000 line item titled assessment administration. Mr. Flint stated they maintain the assessment roll for the District, and in the contract there is a $5,000 fee to maintain the assessment roll. They maintain the lien book with parcel 1D's, how much they pay in debt, how much they pay in O&M, if they have prepaid the debt. It must be certified to the County annually for it to  be placed on the tax bill.
Ms. Gregory asked about newspaper advertisement fees. Mr. Eckert noted they did not change the laws and it is still required to be printed and advertised in the newspaper. Mr. Flint stated they have very limited options when it comes to advertising in a newspaper of general circulation.

July 17,2019	Poinciana West CDD

On MOTION by Mr. LaRue, seconded by Ms. Gregory, with all in favor, Resolution 2019-07 Adopting the Fiscal Year 2020 Budget and Relating to the Annual Appropriations, was approved.

Mr. Flint continued explaining changes to the budget. He proposed increase the interest earnings up to $4,500. They would reduce the carryforward to $39,261 which totals $335,055. Under expenses in Capital Outlay, they will change that from $0 to $10,000. Transfer out will change from $315,592 to $0. The Board agreed with Mr. Flint's suggestions.

Consideration of Resolution 2019-08 Imposing Special Assessments and Certifying an Assessment Roll

On MOTION by Ms. Bzdweka, seconded by Ms. Gregory, with all in favor, Resolution 2019-08 Imposing Special Assessments and Certifying an Assessment Roll, was approved.

Mr. Flint explained this resolution imposes the annual Operations & Maintenance Assessment. He reviewed the attached exhibits, the budget and the assessment roll. The assessment roll lists every parcel ID and what the per unit assessment is. The O&M Assessment is not changing, it remains at $186.57 per year.

EIGHTH ORDER OF BUSINESS	Ratification	of	Agreement	with	All
Terrain	Tractor	Service,	Inc.	for Stormwater System Repair Services

On MOTION by Ms. Gregory, seconded by Ms. Bzdweka, with all in favor, the Agreement with All Terrain Tractor Service, Inc. for Stormwater System Repair Services, was ratified.

Mr. Flint noted the Board had previously approved the stormwater repairs and delegated authority to the Chairman to make the final determination based on an NTE. The agreement with All Terrain Tractor Service was brought  to the Board to be ratified. The All Terrain Agreement is for $16,462.

NINTH ORDER OF BUSINESS	Ratification of Agreement with Lake &
Wetland Management Orlando, Inc. for Stormwater System Erosion Repair Services
Mr. Flint noted the agreement with Lake & Wetland Management is for $5,000. Mr. LaRue questioned if work would be delayed, Mr. Smith stated work had already started by All Terrain. Ms. Gregory asked why there was no end date for either agreement. Mr. Smith stated

July 17, 2019	Poinciana West CDD

there is no set time frame but he will supervise the work and make sure it is being completed in a timely manner. Mr. Flint noted this work is highly dependent on the weather, but they do have a 30-day written termination with no cause.

On MOTION by Ms. Gregory, seconded by Ms. Bzdweka, with all in favor, the Agreement with Lake & Wetland Management Orlando, Inc. for Stormwater System Erosion Repair Services, was approved.

TENTH ORDER OF BUSINESS	Discussion	of   Landscape	Maintenance
Agreement with Floralawn, Inc.
Mr. Flint noted this was placed on the agenda at the Board's request because the agreement with Floralawn is coming up for renewal on October 31st. The Board discussed their options of renewing, extending, or doing otherwise. Mr. LaRue and Mr. Smith discussed the scope of work Floralawn does. Mr. LaRue requested that there be a written description of the scope of work. Mr. Flint stated they would update the map and scope of work and bring the item back for discussion at the September meeting.

ELEVENTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Eckert spoke on the ongoing litigation. The next hearing is September 5th at 11:00
and that is on the people who contested the bond validation's motion to extend time to respond to the District's request for discovery to prove the cost they are seeking. It is not a hearing on the Motion to Tax Costs.
Mr. Eckert noted he represents the Board as an entity as a whole. He does not represent individual Board members nor does he give legal advice to individual Board members regarding their own conduct. He stated he has no knowledge that any member of the Board has committed any violation of the Code of Ethics. Mr. Eckert reviewed the Florida Statutes that cover voting conflicts and conflicts of interest.

Engineer

July 17, 2019	Poinciana West CDD

Ms. Leo noted that engineering has been quiet, and they are doing  maintenance  as needed. They are considered ways to decrease their costs as well, including attendance of meetings.

District Manager
Approval of Check Register

On MOTION by Ms. Bzdweka, seconded by Mr. Case, with Ms. Gregory and Mr. LaRue opposed, the Check Register for May 1st through July I Ph, Failed to Pass the Motion.

Mr. Flint presented the Check Register from May 1st through July 11th for the General  Fund and payroll totaling $46,739.96. Mr. Flint asked for any questions. The Board had no questions or comments. Ms. Gregory and Mr. LaRue opposed the vote and the motion failed.

Mr. Eckert noted if they were not going to approve the check register, they would need to provide some direction to the Manager on what process he should have going forward. If check registers are not approved, audits might not be approved. Audits are based on the check registers, and those types of things could cause issues with bonds in the future.

On MOTION by Ms. Bzdweka, seconded by Ms. Gregory, with all in favor, the Check Register for May pt through July I Ph, was approved.

Mr. Flint noted he had no questions regarding the check register prior to the meeting or at the meeting.

Balance Sheet and Income Statement
Mr. Flint presented the Unaudited Financial Statements through June 30th, the General and Debt Service Funds. He noted in the General Fund, they are slightly over 100% collected on the O&M Assessments. On the expense side, they are $75,000 under the prorated budget of

On MOTION by Mr. LaRue, seconded by Ms. Bzdweka,  with all in favor, approval of the June Financial Statements,  were approved.

$280,000. The expenses are underbudget and revenue is slightly over. The Board had no questions on the balance sheet and income statements.

July 17, 2019	Poinciana West CDD

Approval of Fiscal Year 2020 Meeting Schedule

On MOTION by Ms. Gregory, seconded by Ms. Bzdweka, with all in favor, the Fiscal Year 2020 Meeting Schedule, was approved.

Mr. Flint asked if the intent of the Board was to meet every other month. The Board agreed. The Board chose to meet the third Wednesday of November, January, March, May, July 22nd, and September at 9:30 a.m. in the Starlite Ballroom.

Presentation of Arbitrage Rebate Calculation Report
Mr. Flint noted District is required to have an Arbitrage Rebate Calculation Report done  in order to ensure they are not earning more interest than they are paying. The IRS requires this  be done. Amtec did the report, the report shows a negative rebateable arbitrage of $239,832. He noted that a negative arbitrage is what you want to see.
Mr. Flint noted at the last meeting it was requested that he research information regarding having a court reporter attend, and what it would cost to video. He stated they contacted five companies and the hourly rate for the first hour ranges anywhere from $75-$100. Every hour  after that is anywhere from $55-$80. To have the meeting transcribed, it's a per page charge of anywhere between $4.25-$6.50 per page. Mr. Flint noted they were easily looking at $2,000 a year. If the Board wanted to live stream a video, they would have to have closed  captions  in order for it to be ADA compliant. Price ranges from $1-$3 per minute. Ms. Gregory suggested putting the meetings on Channel 732. Mr. Flint noted they would have to discuss that with whoever interfaces that channel. Ms. Gregory noted that she would research more and come up with additional options. Mr. LaRue stated they took videos of the meetings up until September of 2018, he asked who decided they weren't going to videotape anymore.
Mr. Eckert noted the CDD did not orchestrate the videotaping, that was done by someone who was not affiliated with the CDD. Mr. Case suggested putting this item on the next agenda to discuss further.

Field Manager
Field Manager's Report
Mr. Smith presented the Field Manager's report. Skimmers were repaired on ponds 2, 3, 13, and 20. In progress items are the bank restorations and wetlands. The dry ponds are not able

July 17, 2019	Poinciana West CDD

to be mowed due to how wet they are, string trimming is scheduled for July. Spraying and management of aquatic weeds and algae is ongoing, and treatments appear to be working.
Mr. LaRue asked how far the pond bank could be restored? Mr. Smith stated they can go about 15 feet. He noted they recommended bringing in soil because the quality of the soil already there was so bad. Mr. Smith stated that Poinciana West has a hydrilla problem, and Clarke is dealing with the issue. Mr. LaRue stated he spoke with a resident and she said  the midges are still an issue, but he did not see her call on the compliant log. Mr. Smith noted he would get with Lauren and see why it wasn't on the log. Mr. LaRue asked if there was a fish kill in pond 6, Mr. Smith stated that five or six fish died most likely from the hydrilla.

Customer Complaint Log
Mr. Smith presented the customer complaint log and the Board discussed putting more fish in the ponds to try to help the midge problem. Mr. Smith noted he will solicit bids for fish in Pond 6.

TWELTH ORDER OF BUSINESS	Supervisor's Request
Mr. Case asked for any Supervisor's Requests. The Board had no requests.

THIRTEENTH ORDER OF BUSINESS	General Audience Comments
Resident (Unidentified) noted the Board should negotiate the attorney or law firms disbursements. The resident brought up the discovery that the Board discussed during the meeting, and stated it was odd that no one had come back with an actual amount of time they would like for discovery. The resident also noted that typically the Chairman requests a motion, that's given and seconded and then voted on. He questioned whether under Robert's Law the Chairman should actually vote on any resolution. The resident asked for clarification on the arbitrage rebate calculation as well.
Mr. Eckert noted that by law, the Board is not required to adopt Robert's Rules of Order. It is in the Board's adopted Rules of Procedure they specifically don't adopt them. He noted the Chairman is entitled to vote and make motions and second just like the other supervisors. He stated those are the Rules of Procedure for all 200+ districts his firm represents.

July 17, 2019	Poinciana West CDD

Mr. Flint stated the arbitrage report is in the agenda, which can be found online on the CDD's website. He noted the website explains why they do it, the requirement, and the detailed calculation. Mr. Flint noted if the resident had questions after reviewing the report on the CDD's website, he would gladly talk with him.
Ms. Trudy Robertson (306 Moorpark Way) asked if the process of electing or replacing a supervisor was stated in the bylaws. Mr. Flint noted anytime there is a vacancy during the term of office, the remaining Board members appoint the replacement through the end of that term. Mr. Case noted if there is a vacancy, they notify the community and request resumes. The Board evaluates the resumes and try to come to a conclusion. Mr. Flint noted that 5 Board members is the limit.
Ms. Sally May (518 San Joaquin Road) inquired about the preserves. She asked if they were walked or checked like the dry ponds. She noted that the preserve behind her house is building with water. She also asked Mr. Smith to check on the vines to see if they were invasive, as it could lead to them losing trees. Ms. Leo noted the wetlands Ms. May was referring to are under a Conservation Easement, and they are not supposed to do anything to them. Ms. Leo noted that Mr. Smith would take a look around the area. Ms. May stated she hoped the Board could learn to work together. Mr. Case thanked Ms. May.

FOURTEENTH ORDER OF BUSINESS
There being none, the next item followed.

FIFTEENTH ORDER OF BUSINESS

Other Business

Next Meeting Date - September 18, 2019 at 12:30 P.M.

Mr. Case announced that the next meeting was on September 18, 2019 at 9:30 a.m.

SIXTEENTH ORDER OF BUSINESS	Adjournment

July 17, 2019	Poinciana West CDD

On MOTION by Ms. Gregory, seconded by Mr. LaRue, with all in favor, the meeting was adjourned.

Secretary/Assistant Secretary	ChairmanNice Chairman

-:- -:---  ..	--

S	ECTION VII

Hopping Green & Sams
Attorneys and Counselors

MEMORANDUM

TO:

FROM:

RE:
DATE:

Poinciana West Community Development District Board of Supervisors

Michael C. Eckert Sarah R. Sandy

Updated Provisions of the District's Rules of Procedure August 23, 2019

Please find attached to this memorandum an updated version of the Poinciana West Community Development District's (the "District's") Rules of Procedure (the "Rules"). Several substantive revisions were made to maintain consistency between the Rules and the current Florida Statutes, including changes implemented in the most recent legislative session, as well as to facilitate greater efficiency in the operation of the District. An explanation of each material change to the Rules is provided below. Minor formatting changes and edits are not discussed. Should you have any questions regarding the revisions to the Rules, please do not hesitate to contact either of us via e-mail at MichaelE eslaw.com or SarahS(cv,h gslaw.com or via phone at 850-222-7500.

Costs Associated with Public Records Requests (Pages 8- 9 )

Language was added to Rule 1.2(4) to reflect statutory language regarding calculation of special charges for responding to certain public records requests, and to state that the District is under no duty to produce requested records if the requestor has not paid the required costs or has outstanding charges. The language will help minimize expenses incurred by the District in responding to public records requests.

Financial Disclosure Coordination (Pae:e 9)

Rule 1.2(7) was added to maintain consistency with legislation that was passed during the 2019 legislative session. The rule designates the Secretary as the District's Financial Disclosure Coordinator (the "Coordinator") (unless the District designates otherwise by resolution) and requires the Coordinator to create, maintain, and update certain records and provide them to the Florida Commission on Ethics by certain deadlines. Each Supervisor or other Reporting Individual must notify the Coordinator in writing if there are changes to his or her name, e-mail address, or physical address, and must notify the Commission on Ethics of changes to his or her e-mail address.

Post Office Box 6526	Tallahassee, Florida 32314	119 South Monroe Street, Suite 300 (32301)	850.222.7500   850.224.8551 fax	www.hgslaw.com

Memorandum to the Poinciana West CDD Board of Supervisors August 23, 2019
Page 2 ofS

Agenda and Meeting Materials (Page 11)

Rule 1.3(3) was amended to reflect statutory requirements that the agenda and meeting materials available in an electronic format, excluding confidential and exempt information, shall be made available to the public at least seven days before a meeting, hearing, or workshop. The amended rule also clarifies circumstances in which the agenda may be amended, or additional materials added after initial posting. It additionally specifies which documents constitute "meeting materials." Documents that do not meet the definition of "meeting materials" may still be provided to the Board, but will be considered supplementary materials and are not required to be made available to the public before the meeting. Supplementary materials may include, but are not necessarily limited to, the following: financial statements, informational reports, and copies of receipts and invoices.

Flexibility for Board Authorization (Page 13)

Language was added to Rule 1.3(11) to allow the Board to waive formal approval or disapproval procedures. This will allow the Board flexibility to use different procedures when necessary and will protect the validity of the Board's actions where there is a technical irregularity, but the Board has otherwise made its decision clear.

Security and Firesafety Board Discussions (Page 14)

Rule 1.3(14) was added to reflect the fact that portions of a meeting which would reveal a security or firesafety system plan or portion thereof made confidential and exempt by Florida law are exempt from Florida's statutory public meeting requirements. Including this rule will clarify the procedures the Board should use to ensure that confidential and exempt information is not made public.

Internal Controls to Prevent Fraud, Waste and Abuse (Page 15)

Rule 1.4 was added to reflect legislative changes enacted in the 2019 legislative session requiring special districts to establish and maintain internal controls to prevent fraud, waste, and abuse. Our office plans to work with the District Manager and auditor to develop the internal controls, which the Board will adopt in the same manner as it does policies.

Notice of Competitive Solicitation (Pages 27 and 36)

Rules 3.1(3) and 3.3(2)(c) have been amended to state that when a consultant has asked  to be provided with notice of the District's competitive solicitations, the District Manager's failure to provide them with a copy of the notice will not give them bid protest rights or otherwise disqualify the District's otherwise valid procurement. This will reduce the District's exposure to potential bid protests and decrease the likelihood of a procurement being considered invalid due to a technical irregularity.

Memorandum to the Poinciana West CDD Board of Supervisors August 23, 2019
Page 3 of5

Procedure Regarding Auditor Selection (Page 31)

Language has been added to the introductory paragraph to Rule 3.2 to clarify  that  the District need not use the procedures set out by the Rule for audits required under Chapter 190 of the Florida Statutes, but which do not meet the thresholds of Chapter 218 of the Florida Statutes.

Additionally, the requirements for composition of the Auditor Selection Committee in Rule 3.2(2) have been amended to reflect legislation passed during the 2019 legislative session. Now, at least one individual on the Committee must be a member of the Board; the Chairperson of the Committee must be a member of the Board; and an employee, chief executive officer, or chief financial officer of the District may not be a member of the Committee but may serve in an advisory capacity.

Contract Periods {Pages 34. 5, 6 and 59)

Rules 3.2(8)(d), 3.8(5), and 3.9(4) have been amended to set the maximum contract period for auditing services, the maximum renewal period for contracts for the purchase of goods, supplies, materials, and the maximum renewal period for contracts for maintenance services at five (5) years. This will provide greater specificity to guide contract terms.

Suspension , Revocation, or Denial of Qualification(Pages 40--42)

Rule 3.4(3) has been added to specify the procedures to be used if the District wishes to suspend, revoke, or deny a pre-qualified vendor's pre-qualified status. It specifies what constitutes good cause for such suspension, revocation, or denial; the effect of the suspension, revocation, or denial; hearing procedures the District must follow; and factors influencing the time period of the suspension, revocation, or denial.

Protest Bonds (Pages 61-62)

Rule 3.1l(l)(c) has been amended to require that both the requirement for and the amount of the protest bond be disclosed in the competitive solicitation documents, and to allow the amount of the bond to be any amount within the limits imposed by Florida law.

Memorandum to the Poinciana West CDD Board of Supervisors August 23, 2019
Page 4 of5

Minor Changes

The following minor changes have also been made to the Rules:

Rule 1.1(1): This Rule has been amended to clarify requirements for Board members appointed or elected to elector seats. (Page 2).

Rule 1.1(2)(c) and (d): These Rules have been amended to include the words "at least" before the required amounts of the Secretary's or Treasurer's fidelity bonds or employee theft  insurance policies to accommodate the possibility of greater amounts. (Page 4).

Rule 1.1(6): This Rule has been amended to include the Florida Constitution as a governing authority on voting conflicts of interest. This change reflects the recently passed Amendment 12 to the Florida Constitution. (Pages 5-6).

Rules l.3(1)(e), (l)(d), (l)(f); and 3.2(9): These Rules were amended to allow inclusion of language substantially similar to that recited in the Rules. (Pages 10-11 and 34).

Rule 1.3(6): This Rule was amended to require the chair or vice chair to consult with the District Manager and District Counsel, if  they  are  available,  before  calling  an  emergency  meeting. (Page 12).

Rule 2.0(12)(d): This Rule has been amended to allow 90 days instead of 60 days for the Board to announce a decision on a petition for variance or waiver of its Rules. (Page 21).

Rule 3.0(3)(b): The dollar thresholds in this Rule have been increased to $2,000,000 for a study activity when the fee for such Professional Services to the District does not exceed the increased amount of $200,000, to reflect the current statutory thresholds. (Page 22).

Rules 3.1(4)(b), 3.6(2)(c)(ii)6., and 3.8(2)(k): The word "responsive" has been added to allow the Board to proceed with evaluating and selecting a proposal from the submissions if it receives fewer than three responsive proposals. (Pages 28, 49 and 55).

Rule 3.2(3)(b): "Understanding of scope of work" has been removed from the list of required  factors used to evaluate auditing proposals. The District may still include this as an evaluation criterion if it wishes, but it is not required to do so. (Page 32).

Rule 3.2(7)(b): Language has been added to specify that if the Board does not select the highest­ ranked qualified auditing firm, it must document in its records its reason for not doing so. (Page 33).

Rules 3.5(2)(e) and 3.6(2)(c)(ii)3.: "Reemployment assistance" has been added to the non-exclusive list of subjects of federal labor or employment laws of which violation may render a contractor ineligible to submit a bid, response, or proposal for a District project. (Pages 44 and 48).

Memorandum to the Poinciana West CDD Board of Supervisors August 23, 2019
Page 5 of 5

Rule 3.11(6): Language was added specifying that the District may reject all qualifications, proposals, replies, or responses and start the competitive solicitation process anew if all of the bids, proposals, replies, and responses are too high. (Page 63).

AMENDED AND RESTATED RULES OF PROCEDURE
 	 COMMUNITY DEVELOPMENT DISTRICT

TABLE OF CONTENTS

U)	Ge.eeFal .... ........ ....................... ....................................................................................	2
 	1.1	Boanl of Supep,•isefS; Offieors oud Votiftg	3
1.2	Dis et Offiees; Poolie lnfofll!atieu autl luspeetiou eflteeofds; Pelieies;
Serviee Cefll:roec RequiFemef!l'S......................................................................	7
 	1.3	Poolie Meetit1gs, HelffiBgs, ltfld WerlshOflS	1Q
2.Q	ltulelllllleftg PreeeediBgs	15
3.Q	Cempetitive Purehase	21
3.I	Proeedttre Ue.def The Ceastiltaf!ts' CeH!f1etiti•,•e J>iegetiatiea Aet	26
Proeedure ltegoreiag Auditer Seleetiou	3Q
Pll'fehase eflnsumBee	31 
Pre E!ttalificatieR	36
Cot1s1THetiou Ceutfaets, Net Desiga Build	39
CeaslTHetioa Go!ltFaets, Desiga Build	13
Payraeat aad Perfefll!Q!lee Beads	18
Goods, SUflplies, oud ·Materials	19
}.4aiBteaouee Serviees	53

3.lQ	Goatfaerual Sep,•iees	56
3.5, 3.6, J.8, OREi ) .9	57
1.Q	Effeeti¥e Date	6Q

EFFECTIVE AS OF _ _

_ _ _

_	20  

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, RelaUve to: Margin, Width: Auto

TABLE OF CONTENTS
Rule  1.0   General.	3

Rule 1.1 Rule l.2

Rule 1.3

Rule 1.4

Board of Supervisors; Officers and Voting	4
District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination	8
Public Meetings, Hearings, and Workshops	11
Internal Controls to Prevent Fraud, Waste and Abuse	16

Rule 2.0    Rulemaking Proceedings	17
Rule 3.0    Competitive Purchase	23

Rule 3.1 Rule3.2 Rule 3.3
Rule 3.4

Rule 3.5

Rule 3.6

Rule 3.7

Rule 3.8

Rule 3.9

Rule 3.10

Rule 3.11

Procedure Under the Consultants' Competitive Negotiations Act.	28
Procedure Regarding Auditor Selection	32
Purchase of Insurance	37
Pre-qualification	39
Construction Contracts, Not Design-Build	44
Construction Contracts, Design-Build	48
Payment and Performance Bonds	53
Goods, Supplies, and Materials	54
Maintenance Services	58
Contractual Services	62
Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9	64

Rule 4.0	Effective Date	67

atie,r.W !ffing"·1Le;1t, Line-   spacing: 1.5 lln  ab     · ·  •·     · stops: Not at 0.5" + 1" + 6" + 6.5"

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertfcal: In line, Relative to: Margin, Width: Auto

Rule 1.0	General.

(1)

The_ _

_ _ _ _ _

_ _ _

_	Community Development District (the

''District'') was created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the "Rules") is to describe the general operations of the District.

Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.

Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these  Rules. Notwithstanding, the District may immediately suspend the application  of a Rule if the District determines that the Rule conflicts with Florida law.  In the  event that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended.

Specific Authority: §§190.011(5), 190.011(15), F1a. Stat.
Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.
Formatted: Heading 2, Left, Tab stops: Not at -0.75" +
·0.5" + O" + 0.5" + 1" + 1.5" + 2" + 2.5" + 2.75" + 3"
+ 3.5" + 4.06" + 4.5" + 5" + 5.5" + 6.06" + 6.5"

-	-·

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Rela ve to: Margin, Width: Au1xl

Rule 1.1

(1)

Board of Supervisors; Officers and Voting.

Board of Su pervisors. The Board of Supervisors of the District (the "Board") shall consist of five (5) members. Members of the Board ("Supervisors") appointed by ordinance or rule or elected by landowners must  be citizens of  the United States of America and residents of the State of Florida. Supervisors elected or appointed by Fesideat eleeteFsthe Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District, and registered to vote with the Supervisor of Elections of the county in which the District is located,!lftEi and for those elected, shall also be qualified to run b y the Supervisor of Elections. The Board shall exercise the powers granted to the District under Florida law.

Supervisors shall hold office for the term specified by Section 190.006 of the Florida Statutes. If, during the term of office, any Board member(s) vacates their office, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the term(s). If  three  or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Board members.

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other  purposes.  A Board member shall be counted toward the quorum if physically present at the meeting, regardless of whether such Board member is prohibited from, or abstains from, participating in discussion or voting on a particular item.

Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or required  by  law. Subject to Rule 1.3(10), a Board member participating in the Board meeting by teleconference or videoconference -shall be entitled to  vote and take all other action as though physically present.

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (l)(c) of this Rule.

Officers. At the first Board meeting held after each election where the newly elected members take office, the Board shall select a Chairperson, Vice­ Chairperson, Secretary, Assistant Secretary, and Treasurer.

--	-	_siiru.. •  i	- ·.	-  -	.:  ---	c.·•;!;l:lL!l■fll!!i!i!o'"'-

The Chairperson must be a member of the Board. If the Chairperson
resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and
contracts   on  the  District's   behalf.     The   Chairperson   shall convene  and	Formatted: Centered, Position: HoriZontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

conduct all meetings of the Board. In the event the Chairperson  is unable to attend a meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District's  manager ("District Manager") or District Counsel, in whole or in part.

The Vice-Chairperson shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chairperson has the authority to  execute resolutions and contracts on the District's behalf in the absence of the Chairperson. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

The Secretary of the Board serves at the pleasure of the Board and  need not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secretary. The Secretary shall be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a  resident of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Statutes, as well as  those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are

authoriz t_o

exc,:c.

, ;: @FvVJ!WtHeebttwPs, n.\.i,._G'1b id"t;Uments-­

approved by the Board at such meeting. I·n the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any  Assistant Secretary may execute such document.

The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf of the District.

The Chairperson, Vice-Chairperson, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board.

Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but are not limited to, review of bids, proposals, and qualifications, contract negotiations, personnel matters, and budget preparation.

Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and corporate acts. The Records of Proceedings shall be located at a District office and shall be available for inspection by the public.

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose governments within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory function shall be open to the public in accord with the provisions of Chapter 286 of the Florida Statutes.

Votinl! Conflict of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

...,.3'.  ,:..-'1 4. i#lijji!!i-i;;,·c-.,:~·-    llii!:iM·"[-·llilr_jijlil

When a Board member knows the member has a conflict of interest on a

---	W11WmliiWillg before  the Boan.1,,4;he  meig     ., hOIIM @•;fir_ S'it Utwd's : ..cis..   .  :·;.c.l:i, !!i!iiliis=
Secretary prior to participating in any discussion with the Board on the
matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes.

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertlcal: In line, Relative to: Margin, Width: Auto

If the Board member was elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's election, the Board member may vote or abstain from voting on the matter at issue. If the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue. In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.

The Board's Secretary shall prepare a Memorandum of Voting Conflict (Form 8B) which shall then be signed by the Board member, filed with the Board's Secretary, and provided for attachment to the minutes of the meeting within fifteen (15) days of the meeting.

If a Board member inadvertently votes on a matter and later learns he or she has a conflict on the matter, the member shall immediately notify the Board's Secretary. Within fifteen (15) days of the notification, the member shall file the appropriate Memorandum of Voting Conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The Memorandum of Voting Conflict shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the Memorandum of Voting Conflict. The Board member's vote is unaffected by this filing.

It is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated with a landowner.

In the event that a Board member elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's election, has a continuing conflict of interest, such Board member is permitted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed for each term the Board member is in office.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 112.3143, 190.006, 190.007, Fla. Stat.

Formatted: Heading 2, Left, Indent: Left: 0", First line: 0", Tab stops: Not at  -0.75" +  -0.5" +  0" +  0.5" + 1" + 1.5"
+  2" +   2s'   +  2.1sN +  3• +  3.S" +   4.06" + 4.s· + S" +
·-- SS                   +· 6.06" +  6.5"	-       -    - -em   ,   ·•      ·-   ·    ria

-

._,_  ._...

ji;;;;;,-......,;;i!ll!i!!!!lll!  l!i,i·.·;·,...      y_,._.  :, -;· .

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

Rule 1.2

(1)

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.

District Offices. Unless otherwise designated by the Board, the official District office shall be the District Manager's office identified by the District Manager. If the District Manager's office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:

Agenda packages for prior 24 months and next meeting;

Official minutes of meetings, including adopted resolutions of the Board;

Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;

Adopted engineer's reports;

Adopted assessment methodologies/reports;

(t)	Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

District policies and rules;

Fiscal year end audits; and

Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the documents required by Florida law.

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or
-•• •  - . .:..c.   : 	means...of transmiss4w,  madl,,     ,11wf:iii4- ir   ry 15  tiff1 ;witg !l.J_i, Jr	  of official business of the District. All District  public  records not  otherwise  restricted by law may be copied or inspected at the District Manager's office during regular business hours. Certain District records can also be inspected and copied at the District's local records office during regular business hours. All written public
records requests shall be directed  to the Secretary who by these rules is appointed	Formatted: Centered, Position: Horizontal: Left, Relative to:

as the District's records custodian. Regardless of the form of the request, any Board member OT staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor's duty to comply with public records laws.

Fees: Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches.  For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole
OT in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual.{§} who is/are qualified to perform the labor, takinl! into account the nature or volume of the public records to  be inspected or copied. The char11e may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request, in accordance with Florida law. For purposes of  this Rule, the word  "extensive" shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in this section shall apply. If the total fees, including but not limited to special service charges,

are antici)Wed  to	     4 •111mtr-1vr:4iM  i!]-f 	-.Q©...tP µ.	

- commencing

. e. ·. · ·W

work on the request, the District will inYomi the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. Should the person fail to pay the estimate. the District is under no du to produce

Formatted: Centered, Position: Horizontal: Left, Relative to:

the requested records. After the request has been fulfilled, additional payments or credits may be due. The District is under no duty to produce  records in response to future records requests if the person mak:ine the request owes the District for past unpaid duplication charges. special service charges. or other required payments or credits.

Records Retention. The Secretary of the District shall be responsible for retaining the District's records in accordance with applicable Florida law.

Formatted: Indent: Left: 0.5", Hanging: 0.5'', Tab stops:
·1.75", Left+   -1.5", Left+  ·1", Left+  1.75", Left+ 3.06",
Left +  4", Left + 5.06", Left + Not at  -0.75" + 2.75" + 3"
+ 4.06" + 5" + 6.06" + 6.5"

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.
•-
l7l		Financial Disclosure Coordination.	Unless specifically desi gnated bv Board resolution otherwise, the Secretary shall serve as the Financial Disclosure
Coordinator ("Coordinator' ') for the District as required bv the Florida Commission on Ethics ("Commission" ). The Coordinator shall create, maintain and update a list of the names. e-mail addresses. physical addresses, and names of the agenc of. and the office or posi tion held by. all Supervisors and other persons required bv Florida law to file a statement of financial interest due to his or her affiliation with the District (''Re porting Individual"). The Coordinator shall provide this list to the Commission by February 1 of each year. which list shall be current as of December 31 of the prior year. Each Supervisor and Reporting Individual shall promptly notify the Coordinator in writing if there are any  changes to such person's name. e-mail address. or physical address. Each Supervisor and Reporting Individual shall prom ptly notifv the Commission in the manner prescribed by the Commission if there are any chan2es to such person's e­ mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: § U2.31446f3l.112.3145f8lfall., 119.07. 119.0701, 190.006, Fla. Stat,	 	
Formatted: Heading 2, Left, Tab stops: Not at •0.75"+
·0.5" + O" + 0.5" + 1" + 1.5" + 2" + 2.5" + 2.75" + 3"
+ 3.5' + 4.06" + 4.5" + 5" + 5.5" + 6.06" + 6.5"

Formatted: Centered, Position: Horizontal: Left, Relative to:

Rule 1.3

(1)

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otheIWise required by statute or these Rules, at least seven (7) days, but no more than thirty (30} days public notice shall be given of any public meeting, hearing or workshop of the Board. Public  notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public.   The annual  meeting  notice required  to  be  published by Section
189.015 of the Florida Statutes, shall be published  in a  newspaper not  of limited
subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a  week.  Each Notice shall state, as applicable:

The date, time and place of the meeting, hearing or workshop;

A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;

The District office address for the submission ofrequests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

The following or substantially similar language:- "Pursuant to  provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at ( J
_ _ _ _ _ _ _. If you are hearing or speech impaired, please contact
the Florida Relay Service at 1 (800) 955-8770 or 1 (800 ) 955-8771, who can aid you in contacting the District Office."

 	_	·· ;t; ··-	

The following or substantiallv similar language: "A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to
a_ny     matter  con     ered. a .	m•olbeasii/i'itwi·t1t:. PP <W\ .L
person will need a record of the proceedings and that accordingly, the
person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based."

- 1"!'! ase 

    j _    z  Z. .	

Formatted: centered, Position: Horizontal: Left, Relative to:

(t)     The following or substantiallv similar language:- "The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on the record."

(2)

(3)

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare a aetiee aae an agenda of the meeting/hearing/workshop. The aeaee ane agenda and any meeting materials
available in an electronic format, excluding anv confidential and any confidential and exempt information, shall be available to the public at least se·tellty twe (72) ft01HSSeven days before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as. and limited to.  the  agenda.  meeting minutes. resolutions. and agreements of the District that District staff deems necessary for Board approval. Inclusion of additional materials for Board consideration other than those defined herein as "mee ting materials" shall not convert such materials into "meetin materials." For  good cause, the agenda may  be changed after it is first made available for distribution. and additional materials may be added or provided under separate cover at the meeting. The requirement  of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

The District may, but is not required to, use the following format in preparing its agenda for its regular meetings:

Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel
District Engineer
District Manager

Financial Report

-·	.2. .

Aim.r"alw-qwnft::T

... , ...: 	;·:?' iRl1'f.•

Supervisor's requests and comments Public comment
Adjournment

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Verttcal: In line, Relative to: Margin, Width: Auto

Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may work with  other  staff members in preparing draft minutes for the Board's consideration.

Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre-pay the cost of the copying and postage.

Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable. upon consultation with the District Manager and District Counsel, if available, may convene an emergency meeting of the Board without first having complied with sections (I) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion  of  the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida Jaw.

Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s) may be amended from  time to time by action of the Board. Approval  of invoices by the Board  in excess of  the funds allocated to a particular budgeted line item shall serve to amend the
budgeted line item.

__.	-· "-:·	.  Tiff.	-:··-   	··•I!!"·!

_..

Public Hearimi.s. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain
the  information   required   by  Florida   law  and  these   Rules  and   are mailed  and	Formatted: Centered, Position: Horizontal: Left, Relative to:

published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.

Participation by TeleconferenceNideoconference. District  staff  may  participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District has not adopted Robert's Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. Unless such procedure is waived bv the Board. Aa_pproval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board member, including the Chairperson, can make or second a motion.

Continuances. Any meeting or public hearing of the Board may be continued without re-notice or re-advertising provided that:

The Board identifies on the record at the original meeting a reasonable need for a continuance;

The continuance is to a specified date, time, and location publicly announced at the original meeting; and

The public notice for the original meeting states that the meeting may be continued to a date and time and states that the date, time, and location of any continuance shall be publicly announced at the original meeting and posted at the District Office immediately following the original meeting.

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District's attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District's etteme:Y5attomey must request such session at a public meeting.- Prior to holding the Attorney-Client

--	,  

Se, -	rt: Pi::11:.i"f::WPflP iJllz ff"  li        l!"<:PUb li'J,,;P''tice of the time and d_    of .the.,;,;,.k,.m;.,.,.;.-  !ljii5,
session  and  the  names  of  the  persons  anticipated  to  attend  the  session. -The
session must commence at an open meeting in which the Chairperson or Vice- Chairperson announces the commencement of the session, the estimated length of the session, and the  names of the persons who will be attending the session.  The

. ll•ll·p-	   ,  -,.:_..- ,·'b    · Wl    rv	..

discussion  during  the session  is confined  to settlement  negotiations or strategy	Formatted: Centered, Position: Horizontal: Left, Relative to:

related to litigation expenses or as may be authorized by law. Only the Board, the District's attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no votes may be taken and no final decisions concerning settlement can be made. Upon the conclusion of the session, the public meeting is reopened, and the Chairperson or Vice-Chairperson must announce that the session has concluded. The session must be transcribed by a court-reporter and the transcript of the session filed with the District Secretary within a reasonable time after the session. The transcript shall not be available for public inspection until after the conclusion of the litigation.

Securitv and Firesafetv Board Discussions. Portions of a meetin11.  which relate to or would reveal a securi ty or firesaferv svstem plan or portion thereof made confidential and exempt bv section 119.071(3)(a). Florida Statutes, are exempt from the public meeting requirem ents and other requirements of section 286.011. Florida Statutes, and section 24(b}. Article l of the State Constitution. Should the Board wish to discuss such matters, members of the public shall be required to leave the meeting room durintI such discussion. Any records of the Board's discussion of such matters, including recordings or minutes. shall be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069/2}/a}l6.190.006, 190.007, 190.008, 286.0105, 286.011, 286.0113. 286.0114, Fla. Stat.

Formatted: Centered, Position: Horizontal: Left, Relative to:

Rule 1.4	Internal Controls to Prevent Fraud. Waste and Abuse

Internal  Controls.	The District shall establish and maintain internal controls designed to:

Prevent and detect "fraud," "waste" and "abuse" as those terms are defined in section 11.45(1}. Florida Statutes: and
Promote and encoura!!.e co mpliance with applicable laws, rules contracts. grant agreements, and best practices: and
Support economical and efficient operations : and
Ensure reliability of financial records and reports: and (e)		Safeguard assets.

Adoption. The internal controls to prevent fraud. waste and abuse shall be adopted and amended by the District in the same manner as District policies.

----- Formatted: Font 12 pt
Formatted: Heading 1, Left, Tab stops: Not at O" + 0.5" +

s.s• + 611 + 6.5"

1" +  lS'   +  2" +  2.5" +  3" +  3.511  +   411  +  4.5 11  + 5° +

Specific Authority: §§190.011(51.190.011(15). Fla. Stat. Law Implemented: § 218.33[3). Fla. Stat.

•-

Formatted: Centered, PositiOn: Horizontal: Left, Relative to:

Rule 2.0

(1)

(2)

Rulemaking Proceedings.

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A "rule" is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District ("Rule"). Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of tbe purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedings and ProposedRules.

.,._.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated
- · . il?t:@ih"!l:l\S  i{ }1U    i1_5·h;  ')        P."Tf".Wi15ed.on the. factors set fo  jn Section 120.541(2) of TI1e Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing

, •· .:ma .	x::.	E	·-, _.:.,_ _ ·. - J·

Formatted: Centered, Position: Horizontal: Left, RelatiVe to:

by submitting a written request within twenty-one (21) days after the date of publication of the notice.  Except when intended action  is the repeal of a rule, the notice shall include a reference to both the date on which and the place where the Notice of Rule Development required by section (2) of this Rule appeared.

The notice shall be published in a newspaper of general circulation in the District and each county in which the District is located not less than twenty-eight (28) days prior to the intended action. The proposed  rule shall be available for inspection and copying by the public at the time of the publication of notice.

The notice shall be mailed to all persons named in the prop. osed rule and to all persons who, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings  to  adopt, amend, or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing. J>ietiee will then lie mailee te al:l 1mseas •.yhem, at least feur-teea (11) eays 13rior to St1sh mailiag, ha¥e maee relj:Hests ef the Distriet fer acl>o'BBBB Betiee ef its 19reeeeeiBgs.

Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the Chairperson must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so.

Petitions to Initiate Rulemaking. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District, or bas .!!._Substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition  with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to
-_..,;;,;;;;f.'J:lQWl   :)MI'efjJai1:lDIY •bFr;..jJlW!_		9 adequately by the amw.cation	e.-;.,:.:Bl!E  ....,."""!!l!!!!YIl!l!!l•   ii!iii"" ,.. 	­
policy on a case-oy-case basis, as contrasted with its formal adoption as a rule.
However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

Fonnatted: Centered, Position: Horizontal: Left, Relative to:

Rulemalcine Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

The text of the proposed rule, or any amendment or repeal of any existing rules;

A detailed written statement of the facts and circumstances justifying the proposed rule;

A copy of the statement of estimated regulatory costs if required by Section 120.541 of the Florida Statutes; and

The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (21) days after the date of publication of the notice described in section (3) of this Rule, shall, provide a public hearing for the presentation of evidence, argument, and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. The District shall publish notice of the public hearing in a newspaper of general circulation within the District either in the text of the notice described in section (3) of this Rule or in a separate publication at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. Written statements may be submitted by any person prior to or at the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.

Emernenc v Rule Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety, or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District. The District  may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.

- ·-" -.diiii".   :

----·..   _  ii--   -	---   ,-_.f.r  ,:/<;!"-	   "  -·	......,_.   -- ·  ·:,.,.	s    -·	F

(9f

Negotiated  Rulemaking.	The District may use negotiated rulemaking in
developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the county in which the District is located.

, Formatted: Centered, Position: Horizontal: Left, Relative ID:

◄/	Column, Vertical: In line, Relative to: Margin, Width: AulD

Rulemakinl! Record. In all rulemaking proceedings, the District  shall  compile and maintain a rulemaking record. The record shall include, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

A written summary of hearings, if any, on the proposed rule;

All written comments received by the District and responses to those written comments; and

All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

Any person substantially affected by a rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the District's authority.

The petition seeking an administrative determination must state with particularity the provisions alleged to be invalid with  sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a rule is substantially affected by it.

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member  of  the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance  is granted by agreement of the parties. The failure of the District to  follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and  the fairness of the proceedings have not been impaired.

·, @Mi;A .....  !iii-. -;,,·,a;,.:;..;illl_-l!ITll!-    iji·iie,.  , _,,.:., :.   ·-r  !1......	........    -     :_;r-      -	.,-  -	F	&  ,_	      ,,-_-    ·  , ._   ..  -

d.)

Within 30 days after the hearing, the hearing officer shall  render  a decision and state the reasons therefor in writing.

Hearings held under this section shall be de novo in nature. The petitioner
has  a  burden  of  proving  by  a  preponderance  of  the  evidence  that the	Formatted: Centered, Position: Horizontal: Left, Relative to:

existing rule is an invalid exercise of District authority as to the objections raised. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

(t) The petitioner and the District shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Variances and Waivers. A "variance" means a decision by the District to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. A "waiver" means a decision by the District not to apply all or part of a rule to a person who is subject to the rule. Variances and waivers from District rules may be granted subject to the following:

Variances and waivers shall be granted when the person subject to the rule demonstrates that the pUIJJose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardshlp" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

--

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District's Rule. Each petition shall specify:

The rule from which a variance or waiver is requested;
( ii  )	T he type of action requ este d ;

The specific facts that would justify a waiver or variance for the petitioner; and
Fonnatted: Centered, Position: HMzontal: Left, Relative to:

Toe reason why the variance or the waiver requested would serve the purposes of the underlying statute.

The District shall review the petition and may request only that information needed to clarify the petition or to answer new questions raised by or directly related to the petition. If the petitioner asserts that any request for additional information is not authorized by law or by Rule of the District, the District shall proceed, at the petitioner's written request, to process the petition.

Toe Board shall grant or deny a petition for variance or waiver, and shall announce such disposition at a publicly held meeting of the Board, within
   ninety (90) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. Toe District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

Rates. Fees, Rentals and Other Charl!:es. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted by the  District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.

Specific Authority: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190,011(5), 190.035(2), Fla. Stat.

Fonnatted: Heading 1, Left, Tab stops: Not at -0.75" +
·0.5" + 0" + 0.5" + 1" + 1.5" + 2" + 2.5" + 2.75" + 3"
+  3.sn +  4.06" +  4.511  +  S" +   5.511  +  6.06" +   6.511

-·

Fonnatted: Centered, Position: Horizontal: Left, RelatiVe to:
Column, Vertical: In line, Relative to: Margin, Width: Auto
22	/

Rule 3.0

(1)

Competitive Purchase.

Purpose and Scope. In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.

Board Authorization. Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by the Board.

Definitions.

"Competitive Solicitation" means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

"Continuing Contract" means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed eBetwo million dollars ($.J-i,ooo,000), for a study activity when the fee for such Professional  Services  to the  District  does  not exceed  o	hundred thousand dollars ( 000), or for work of a  specified  nature  as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example,  a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"Contractual Service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and  these  Rules. Contractual Services also do not include any contract for the furnishing of

-	- ...-   -   	-   -   -    	bOL<?!"t!l'lrttvliiiJ,s.fgr .the construction, re  atioiq;  . U(ji;atjQi  9-·
demolition   of  any  facility,  building,  portion  of  building,  utility, park,
parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

 	.. :;q _'Sf ..

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

"Design-Build Contract" means a single contract with a  Design-Build Firm for the design and construction of a public construction project.

''Design-Build Firm" means a partnership, corporation or other legal entity that:

Is certified under Section 489.119 of the Florida Statutes,  to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section
481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.

"Design Criteria Package" means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit Design-Build Firms to prepare a bid or a response to the District's Request for Proposals, or to permit the District to enter into a negotiated Design­ Build Contract. The Design Criteria Package must specify performance­ based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past  work of the firms, including the partners and members thereof.

siiiiL--·;-iii•·:

-- -"'·-

"Design Criteria Professional" means a firm who holds  a  current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 of the  Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional  architect  services, landscape architect services, or engineering services in connection with

'-oii!.!.!!11!1ff!l]ill'li·l■i.;.·_.,-  -\l  ation ofJhe DesignC ri.it¥ria Pac;•-· -	p   _ 1	,_. •,   _,,._,.,_..,.-"··"'""·,•;;:!,. l!iif!ij!!ii:;a-.:
"Emergency Purchase" means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of
the Board  in the normal  conduct  of its  business),  where  the Board finds	Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertlcal: In line, Relative to: Margin, Width: Auto

that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

	"Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and defining the commodity or service involved. It includes printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.

"Invitation to Negotiate" means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.

	"Negotiate" means to conduct legitimate, arm's length discussionsand conferences to reach an agreement on a term or price.

"Professional Services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of Florida, or those services performed by any architect, professional  engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.

"Proposal (or Reply or Response) Most Advantageous to the District" means, as determined in the sole discretion of the Board, the proposal, reply, or response that is:

Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;

The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and

For a cost to the District deemed by the Board to be reasonable.
.   ...,...,_,...,.._.·;ifiil!!EI!!lil!!!!!!!!ii·ie·. -....,:_.. ,;;   _L  _.	_.. _	., n r·. ,,	_	-  -·   E	.,. ...,.. y    ··, -    ·  :n u 11.
"Purchase" means acquisition by sale, rent, lease, lease/purchase, or
installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of Florida.

-·	-·	. .i!!!!i!lfi, ; ;...;_.., : ·,ii --

Formatted: Centered, Position: Horizontal: Left:, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

"Request for Proposals" or "RFP" is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.

''Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. ''Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

The ability and adequacy of the professional personnel employed by the entity/individual;

The past performance of the entity/individual for the District and in other professional employment;

The willingness of the entity/individual to meet time and budget requirements;

The geographic location of the entity's/individual's headquarters  or office in relation to the project;

The    recent,    current,	and	projected	workloads of the entity/individual;

The volume of work previously awarded to the entity/individual;
._,s.;':!i""---    -   :jj!!,--  <,;;;;;jil!i!■ll-!ii!i  'lMf!tl)iH ;,;....\¼!.l.	,    st  components   of ,;;;tj;ie   bi<l       -  P.fee@§"k·e-Ja,:.if;-l"ii!il!!iiiiillJ!!!P"-'--,'-,""'  _;...;,-;,.;;;;::w;w!~!!i!!·i_
appropriately balanced; and

(viii) Whether the entity/individual is a certified minority business enterprise.

/

Formatted: Centered, Position: Horizontal: Left, Relative to:
   Column, Vertlca:l In line, Relative to: Margin, Width: Auto	

"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are appropriately balanced. A bid, proposal, reply or response is not responsive if the person or firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.

Specific Authority: §§190.011(5),190.011(15), Fla. Stat. Law Implemented: §§190.033, 255.20, 287.055, Fla. StaL

Formatted: Heading 2, Left, Indent: Left: O", First line: O",
Tab  stops: Not at  -0.25" +  O" +  0.5" + 1" + 1.5'' +  2" +
2.5" +  3" +    3.5''+  4" +  4.5 11  +  511  +  5.5•

,.··---::·_-   .&   2      --	11	--

Formatted: Centered, Position: Horizontal: Left, Relative to:

Rule3.1

(1)

(2)

Procedure Under +hethe Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

Qualifying Procedures. In order to be eligible to provide Professional Services to the District, a consultant must, at the time of receipt of the firm's qualification submittal:

Hold all required applicable federal lieeBses iB geed st11t1eiBg, ifaey;
J.leM all reEtt¼ifee applieable state professional licenses in good standing;

Hold all required applicablefederal licenses in t!ood standing. if any:

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the consultant is a corporation; and

Meet any qualification requirements set forth in the District's Request for Qualifications.

Evidence of compliance with this Rule may be submitted with the qualifications, if requested by the District. In addition, evidence of compliance must be submitted any time requested by the District.

Public Announcement. Except in cases of valid public emergencies  as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply  for consideration. The notice shall appear in at least one (l) newspaper of general circulation in the

.-,...._ .,i!iili!'iii,,,,...oiiill!illiTi!i•     -,. , _:.. J1i_s  .in such. other plac  s the	    f !-Wfu     ?P	,JJJ.e     tt    -: !ili!!!l  ­
mu_st  allow at least fourteen (14) days for submittal of qualifications from the date
of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. GeBsaltaBts who !)FeYide tl!eil"
Baffle ead  addfess  to  the  DistFiet  MeBegeF fer iBelasiee  ea  the  list shell Feeei•;e	Formatted: Centered, Position: Horizontal: Left:, Relative to:

aetiees ey Hlfltl.The District shall make reasonable efforts to provide copies of any notices to such consultants. but the failure to do so shall not !rive such consultants any bid protestor other ri!?hts or otherwise disqualify any otherwise valid procurement process. The Board has the right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competitive Selection.

The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of qualifications on  file. The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

The ability and adequacy of the professional personnel employed by each consultant;

Whether a consultant is a certified minority business enterprise;

Each consultant's past performance;

The willingness of each consultant to meet time and budget requirements;

The geographic location of each consultant's headquarters, office and personnel in relation to the project;

The recent, current, and projected workloads of each consultant; and

The volume of work previously awarded to each consultant by the District.

:. --	r_,·--

.   :."-0-	·       --

Nothing in these Rules shall prevent the District from evaluating and e\centually   se  ing--a-,,,     s11Jt&+ -iL-  'rrr     tll?lt iJJC" -,,D.) . RrW¼lfiY qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.

If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board

-	& 

Formatted: Centered, Position: Horizontal: Left, RelatlVe to:

with a recommendation that competitive negotiations be instituted with the selected ftrms in order of preference listed.

Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following  statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's  ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Competitive Negotiation.

After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as most qualified to perform the required Professional Services at a rate or amount of compensation which the Board determines is fair, competitive, and reasonable.

In negotiating a lump-sum or cost-plus-a-fixed-fee professional  contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the ftrm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time  of contracting."  In  addition, any professional service contract under which such a certificate  is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."

Should the District be unable to negotiate a satisfactory  agreement  with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory

nd JJf'/?:2DJtiSSF j j th t li½ fJy,n:l;.,!;l
-

agreement with the second firm cannot be reached, those negotiations

 		shalI..J;w..term•,11 shall he undertaken.

i!lified firm

--....'"-'.• x-..- ..!lli_!iWlilllll!I!!!• 

Should the District be unable to negotiate a satisfactory agreement  with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications.

Formatted: Centered, Position: Horizontal: Left, Relative to:

Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Continuine Contract. Nothing in this Rule shall prohibit a Continuing Contract between a consultant and the District.

Emergencv Purchase. The District may make an Emergency Purchase without complying with these Rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, 287,055,Fla.Stat.

Formatted: Heading 2, Left, Tab stops: Not at O" + 0.5'' +
1" + 1.5" +  2" +  2.5" + 3.25" +  3.5'' +  4" +  4.5' + 5"
+ 5.5" + 6"

.. .: i

Formatted: Centered, Position: Horizontal: Left, Relative to:

Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 of the Florida Statutes, the following procedures are outlined for selection of firms or individuals to  provide Auditing Services and for the negotiation of such contracts. For audits required under Chapter 190 of the Florida Statutes but not meetin2 the thresholds of Chapter 218 of the Florida Statutes. the District need not follow these procedures but mav proceed with the selection of a firm or individual to provide Auditing Services and for the nel!otiation of such contracts in the manner the Board determines is in the best interests of the District.

Definitions.

"Auditing Services" means those services within the scope of the practice of a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

"Committee" means the ftl:!Elitauditor selection committee appointed by the Board as described in section (2) of this Rule.

Establishment of Atiait.Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an !11:Kiitauditor selection committee ("Committee"), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee shettlashall include at least three individuals, seme er ellat least one of whem meywhich must also sor¥o es memeersbe a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee  must be a member of the Board. An employee, a chief executive officer. or a chief financial officer of the District may not serve as a member of the Committee:
provided however such individual may serve the Committee in an advisorv capacity.

Establishment of Minimum Qualifica tions and Evaluation Criteria. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Committee shall meet at a publicly noticed meeting to establish minimum qualifications and factors to use for the evaluation of Auditing Services
to be provided by a certified public accounting firm licensed under Chapter 473 of
-..lii.!fi'._-,:.,_.....:;;il!ll!!·(llpli·!lill!w· :-•.., c,u    5    .:   . .tbs, FJorida -8tatutes,   a       qualifi  llm,t.9_,  (ijjil.!u"t  ?JJ5ilifr-·in J?f"Q	 government auditing standards as adopted by the Florida Board of Accountancy.

Minimum Qualifications. In order to be eligible to submit a proposal, a finn must, at all relevant times including the time of receipt of the
proposal  by the District:	Formatted: Centered, Position: Horizontal: Left, Relative ta:

Hold all required applicable feeef&lstate professional licenses in good standing,#-aey;

Hold all required applicable sta-te f!feftmsieH&lfederal licenses in good standing. if any;

Hold a current and active Florida corporate charter or  be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is  a corporation; and

Meet any pre-qualification requirements established by the Committee and set forth in the RFP or other specifications.

If requested in the RFP or other specifications, evidence of compliance with the minimum qualifications as established by the Committee must be submitted with the proposal.

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

Ability of personnel;

Experience;

UHEiefSt!HIEiiag ef seepe ef werk;

(i-Y)--Ability to furnish the required services; and

(¥ii) Such other factors as may be determined by the Committee to be applicable to its particular requirements.

The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services.

 		Such public amw,uncerne	    1.irnln:lt; ...tfirirhnmr  tiq	.tQ.v@.fiit z'Ud  how -­
interested firms can apply for consideration aiio obtain the RFP. The notice shall
appear in at least one (I) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for  at least seven (7) days for the submission of proposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RFP"). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee's Evaluation of Proposals and Recommendation.  The  Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of the evaluation, require that each interested firm provide a public presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm's qualifications. At the public meeting, the Committee shall rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3)(b) of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked firm shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms' respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

_;where	eQii;WP··, '1Wli lif$1"i'a)'.a.EP!f:M'-.wJifi in evaluating the proposals,  the  Board  shaff select  the  highest-ranked qualified firm.	Q[
document in its public records the reason for not selectinl! the hiehest­ ranked qualified firm.

---

In negotiations with firms under this Rule, the Board may allow the District Manager, District Counsel, or other designee to conduct negotiations on its behalf.

Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.

Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by both parties. The written contract shall include all provisions and conditions of the procurement of such services and shall include, at a minimum, the following:

A provision specifying the services to be provided and fees or other compensation for such services;

A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;

A provision setting forth deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than July--l:June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. The maximum contract period including renewals shall be five {5) years. A renewal may be done without the use of the auditor selection procedures provided in this Rule; but must be in writing.

Provisions required by law that require the auditor to comply with public records laws.

:· Wjjll!B C • •

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in
....,_.writi p,g;;L9_ry/¼:e r@.P5%'.iiiii'"l  'pjy,d   .tl!!.fc!\  ¥il  %   ]:)!md  delu,ery,  facsi  ,.. OL    .......,._. -    llf,i;;;_;;;.;.·.i-l.l!!II!liI!JIIIIM•  ·.,..·...c_;;__    ,.    · iM     ..
overnight  delivery  service.  The  notice  shall  include  the  following statement:
"Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect.  Protests regarding the award of contracts  under this  Rule

_·:

shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority: §§ 190,011(5), 190,011(15), Fla. Stat. Law Implemented: §§ 119,0701, 218.33. 218.391, Fla. Stat.

Formatted: Heading 2, Left, Ind ent: Left: 0", First line: 0", Tab stops: Not at -0.25" + 0" + 0.5'' + 1" + 1.5" + 2" +
2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5"

 	

Formatted: Centered, Position: Horizontal: Left, Relative to:

Rule3.3

(1)

(2)

Purchase of Insurance.

Scope. The purchases of life, health, accident, hospitalization, legal expense, or annuity insurance, or all of any kinds of such insurance for the officers and employees of the District, and for health, accident, hospitalization, and legal expenses upon a group insurance plan by the District, shall be governed by this Rule. This Rule does not apply to the purchase of any other type of insurance by the District, including but not limited to liability insurance, property  insurance, and directors and officers insurance. Nothing in this Rule shall require the District to purchase insurance.

Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed:

(a)

(b)

(c)

The Board shall cause to be prepared a Notice of Invitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fourteen (14) days for submittal of bids.

The District may maintain a  list of  persons  interested  in  receiving  notices of Invitations to Bid. Pefsens whe )'lfe'+'idi:, theif nOH1e end address ta the Distfiet Manager fer ineltisien en tee list sl!ell reeei>te aetiees ey HIBil.The
District shall make reasonable efforts to provide copies of any notices to such persons. but the failure to do so shall not give such consultants  any bid protest or other rights or otherwise disqualify an v otherwise valid procurement process .

Bids shall be opened at the time and place noted in the Invitation to Bid.

If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.

The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements.

Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies that have submitted

re	nable.  lirqwhid5 3ifiii't tbr ppiniQll....Pf:1j'177 jstrict, andully
qualified  and   capable  of  meettng  all  services  and requirements.     Bid
responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to the District officers, employees, or their dependents,  the  geographic  location  of  the  company's  headquarters and

---

Formatted: Centered, Position: Horizontal: Left, Relative to:

offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employee,sand/or dependents.

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Specific Authority: §§ 190.011(5), 190.011(15), Fla, Stat. Law Implemented: § 112.08, Fla. Stat

Formatt ed: Heading 2, Tab stops: Not at -0,25' + 0' +
0.5' + 1" + 1.5" + 2" + 2.5" + 3' + 3.5'' + 4" + 4.5" +
5" + 5.5"

-	- ····	- 	   j&£ '  :UL
For matted: Centered, Position: HorlZontal: Left, Relative to:

Rule3.4

(I)

(2)

Pre-qualification

Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.

Procedure.	When the District seeks to pre-qualify vendors, the following procedures shall apply:

The Board shall cause to be prepared a Request for Qualifications.

For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre­ qualification criteria and procedures and allow at least seven (7) days notice of the public hearing for comments on such  pre-qualification criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt pre-qualification  criteria and procedures prior to the advertisement of the Request for Qualifications for construction services.

The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (21) days for submittal of qualifications for construction services estimated to cost over two hundred fifty thousand dollars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dollars ($500,000).

The District may maintain lists of persons  interested  in receiving notices of Requests for Qualifications. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to  the District Manager for inclusion on the list.  However,  failure  of  a person to receive the notice shall not invalidate any pre-qualification determination or contract awarded in accordance with these Rules  and shall not be a basis for a protest of any pre-qualification determination or

If the District has pre-qualified vendors for a particular category of purchase, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies or

Formatted: Centered, Position: Horizontal: Left, Relative to:

responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

In order to be eligible to submit qualifications, a firm or individual must,  at the time of receipt of the qualifications:

Hold theall required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or  be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence of compliance with these Rules must be submitted with the qualifications if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the qualifications.

Qualifications shall be presented to the Board, or a committee  appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.

All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision of qualifications . For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the

-	•-  ··	- ;aiiiiA .£ii	.'  ..illixa• ,.--.·. . -  --   _,-·• l!l!lilf    :  -	.._..   -·.·.s

.• :      - .i!!iiii!ilY;;,,,,.'9111!111!!1i!iiillj!•    -	·•-    -·. .  ..

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of
qualification  preparation or  submittal  from the District.	Formatted: Centered, Position: Holizontal: Left, Relative to:

W	(j)	Notice of intent to pre-qualify, including rejection of some or all•- qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail. hand delivery, facsimile, or  overnight  delivery  service.  The notice shall include the following statement: "Failure to file a protest  within the time prescribed  in Rule 3.11 of  the Rules of the District shall constitute a  waiver of proceedings under those Rules," or wording to that effect. Protests of the District's pre-qualification decisions under this Rule shall  be in accordance  with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures for  construction  services  shall  be resolved in accordance with  section  (2)(b) of  this Rule and Section 255.20(l )(b) of the Florida Statutes.

(3 )	Suspension . Revocation. or Denial of Qualification

The District. for 2:ood cause. mav den y. s uspend, or revoke a pregualified vendor's pre-qualified status. A sus pension. revocation. or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qua lification is required. shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract. and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or pro ject d uring the period of suspension, revocation, or denial. Good cause shall include the followin2:

One of the circumstances speci fied under Section 337.16(2 ). Fla. Stat.. has occurred.

Affiliated contractors submitted more than one proposal for the same work. In this event the pre-qualified status of all of the affiliated bidders will be revoked. suspended. or denied. All bids of affiliated bidders will be re jected.

The vendor made or submitted false, deceptive. or fraudulent statements, certifications, or materials in any claim for pavment or any information required bv an y District contract.

The vendor or its affiliate defaulted on any contract or  a  contract surety assumed control of financial responsibilitv for any contract of the vendor.

Fonnattecl: Indent: Left: 1", Space After: O pt, No bullets
. [ or numbering

Fonnattecl: Indent: Left: 1", Tab stops: 1.5", Left+ Not at
0.5''+ 1"

The vendor's qualification to bid is suspende d, revoked. or denied by
.....,..._.   - · am,..0trc  -·-  Mk .	11 -::_··    l lic	    ;;-,mules vendor  has  been  the--• subject  of  a  civil  enforcement   proceedin g  or  settlement   involving  a public or semi-public entity.

v1. The vendor failed to complv with contract or warranrv requirements or failed to follow District direction in the performance of a contract.

Fonnattecl: Centered, Position: Horizontal: Left, Relative to:

.Ill .. ·. ... ..

The vendor failed to timelv furnish all contract documents required by the contract specifications, special provisions. or bv anv  state  or federal statutes or reirulations. If the vendor fails to furnish any of the sub ject  contract  documents  by  the  expiration  of  the   period  of  sus pension, revocation. or denial set forth above. the vendor's pre­ qualified status shall remain suspended. revoked. or denied until the documents are furnished.
The vendor failed to notifv the District within 10 davs of the vendor,  or any of its affiliates, being declared in default or otherwise not completing work on a contract or bein I! suspended from qualification to bid or denied qualification to bid bv any other public or semi-public agency.
The vendor did not pay its subcontractors or suppliers in a timely
manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatisfactorv performance. deficient management resultine in project delay. poor quality workmanship. a historv of pavment of liquidated damages. untimely completion of proje cts. uncooperative attitude. contract litigation.inflated claims or defaults.

x1. An affiliate of the vendor has previouslv been determined by the District to be non-responsible. and the specifiedperiod of suspension. revocation. denial, or non-responsibility remains in effect.

xn. The vendor or affiliate(s) has been convicted of a contract crime.

The term "contract crime" means any violation of state or federal antitrust laws with respect to a public contract or any violation of anv state or federal law involving fraud. bribery. collusion. conspiracy. or material misrepresentation with respect to a public contract.

The term "convicted" or "conviction" means a finding of guilt or  a  conviction  of  a  contract  crime.   with   or  without  an ad judication of 1rnilt, in anv federal or state trial court of record as a result of a jury verdict. non jury trial, or entry of a plea of guil ty or nolo contendere.

subcontractor on b trict work durinl! the period of denial. suspension. or revocation. except when a prime contractor's bid has used prices of a subcontractor who becomes disqualified after the bid. but before the request for authorization to sublet is presented.

1.::..,:·. . .. ·w-	 -- -

.	•-·•· - ;

Fonnatted: Centered, Position: Horizontal: Left, Relative to:

(c) The District shall inform the vendor in writing of its intent  to deny. suspend. or revoke its pre-qualified status and inform the vendor of its right  to  a  hearing. the procedure which must be followed. and the applicable time limits. If a hearinl! is requested within 10 days after the receipt of the notice of intent. the hearing shall be held within 30 day;,, after receipt bv the District of the request for the hearim!. The decision shall be issued within 15 days after the hearing.

@ Such suspension or revocation shall not affect the vendor's obligations under any preexis ting contract.

/e) In the case of contract crimes. the vendor's  pre -qualified status  under  this Rule shall be revoked indefinitelv. For all violations of Rule 3.4(3)(a) other than for the vendor's conviction for contract crimes, the revocation, denial. or suspension of a vendor's pre-qualified status under this Rule shall be for a specific period of time based on the seriousness of the deliciency.

Examples of factors affecting the seriousness of a  deficiency are:

1. Impacts on pro ject schedule. cost. or guali t of work:

u. Unsafe conditions allowed to exist;

Complaints from the public:

Delay or interference with the bidding process;

The poten tial for repetition:

Integrity of the public contracting process;

Effect on the health. safetv. and welfare of the public.

Specllic Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

Formatted: Centered, Position: Horizontal: Left, Relative to:

,Rule 3.5	Construction Contracts, Not Design-Build.

 	.-{ Formatted: Heading 2 Char, Font: 10 pt, Not Bold

(I) Scope. All contracts for  the  construction  or  improvement  of  any  building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms  of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.

Procedure. When a purchase of construction services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five  hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3.4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.

The District may maintain lists of persons interested in receiving notices ofinvitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to

.._,.,.,....;_.,..__    iiiiiifii  ;,s,.,,eii!!l!l!!S!l!!i'l'il■R!Fii2}.id;...wrj PO  zPQpice,.  by  ele.ctronic  mail,;;.United,., Wi  Mik:!li'Qd
delivery,  or  facsimile, to persons  who provide  their  name and address to
the District Manager for inclusion on the list. However,  failure  of  a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

Formatted: Centered, Position: Horizontal: Left, Relative to:

Column, Vertlcal: In line, Relative to: Margin, Width: Auto

44	/

If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold theall required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if
any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the bidder is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects Sliefl--ft&including but not limited to, reemplovment assistance. safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response, if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses, or the portions of which that
.,;..,;,;.;;;,,;;.;;·....·..;j•  ii!.o,.,,,,.-..,,,""'1.11!!!l!flliil!JI!  ---  :.,.,._i_pq.1,1._ _price,  shall  be  pub_lj,!,,ly. opell  J  tjrg_ BS¢&¢   Ml ,.  •_
accordance with Rule 1.3, and at which at least one district represenfative is present.   The name of each bidder and the price submitted in the bid
shall be announced at such meeting, and shall be made available upon request. Minutes should be taken at the meeting and maintained by the

, ,uu _

District.  Bids,  proposals,  replies,  and  responses  shall  be  evaluated  in	Fonnatted: Centered, Positlon: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and  these  Rules. Minor variations in the bids, proposals, replies, or responses may  be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response  to an Invitation to Bid shall be accepted.  In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No contractor shall be entitled to recover any costs of bid, proposal, response, or reply  preparation or submittal from the District.

The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.
0) Notice of intent to award, including rejection of  some  or  all  bids, proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:
. ±:m  .  <       ·-        "Eaj[urs ltt,8/fsl. prQ		,   ti me  prescribed  in Rtw,: 3 ..Ll l;."'1·.!!·!•   -   -   iiii!!!iiliiiil•  ec--.·s,e  ,._.,..,..,.  *H.:">'.'i!!fi!!ii!!!."·iii"""
Rules ofihe District shall constitute a waiver of proceedings under those
Rules," or wording to that effect. Protests of the District's purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Fonnatted: Centered, Position: Ho zontal: Left, Relative ID: Column, Vertical: In line, Relative ID: Margin, Width: Auto

(k)  If less  than  three  (3)  Responsive  Bids, Proposals,  Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take wliatll'10F stef!s rease!llHlly aeeessary iB ere0F te proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District. which 5ref!S-may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

Sole Source: Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from  this Rule.  This Rule shall not apply to the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract that has been competitively procured by such  federal, state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this Rule  if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergencv Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned     the     project     or     the     District     has     terminated    the
p ;;;ptp tnr	

The District, after public notice, conducts a public meeting under Section
I of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own services, employees, and equipment.

Formatted: Centered, Position: Horizontal: Left, Relative to:

Column, Vertical: In line, Relative to: Margin, Width: Auto
47	/

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.	 	
Rule 3.6	Construction Contracts, Design-Build.	Formatted: Heading 2, Left, Tab stops: Not at O" + 0.5" +
1" + 3.25" + 3-5'' + 4" + 4.5" + 5" + 5.5" + 6"

Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board detennines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k:) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design Criteria Package.

A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. If the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications-:.based selection process pursuant to Rule 3.1.

Qualifications-Based Selection. If the process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

--,:;·,;;;.,;;.·.·,.,...,

- -:,",'-·"!ill-!!il[llll!!!I -.   -

CompetitivePropos al-BasedSelection. If the competitive proposal selection process is utilized, the Board, in consultation with the

· -...,.;;··  --	:

riteri:r Professional, sti'§ll e· tab"l'i' !Ylh		 	
and procedures for the evaluation of Design-Build Proposals based on price, technical, and design aspects of the project, weighted for the project.  After a Design Criteria Package and the standards and
procedures   for  evaluation   of  proposals   have  been  developed,           	
Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto
48

competitive proposals from qualified firms shall be solicited pursuant to the design criteria by the following procedure:

A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one (21) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of proposals.

The District may maintain lists of persons interested in receiving notices of Requests for Proposals. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, band delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule  and shall not be a basis for a protest of any contract award.

In order to be eligible to submit a proposal, a firm must, at the time ofreceipt of the proposals:

Hold the required applicable state professional licenses in good standing, as defined by Section 287.055(2)(h) of the Florida Statutes;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation;

Meet any special pre-qualification requirements set forth in the Request for Proposals and Design

                   Criteri;LP ckage_..  -  -  .---,;,;lll!!ll!!!!!!!!ll!iJ...-	 	
Any contractor that has been found guilty by a court of any . violation of federal labor or employment tax laws regarding subjects	including but not limited to reemplovment
assistance, safety, tax withholding, worker's compensation,	Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertlcal: In line, Relative to: Margin, Width: Auto

unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be  submitted with the proposal if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the proposal.

The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting; and shall be made available  upon  request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria
Professional, the Board shall evaluate the proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3) Design­ Build Firms as the most qualified.

The Board  shall have the right  to reject all proposals i	_...--{ Formatted: text, Font color: Dark Blue
proposals are too hil!h, or rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less than three (3) 13repes alsResponsive Proposals are received, the District may purchase design-build services or may reject the proposals for  lack  of  competitiveness. If  no j3f0 j30SalsResponsive Proposals are received,  the  District may ta!Ee ,..,4tate,•eF steps feasenably neeessal)' in enleF te proceed with the procurement  of  design-build  services...m the manner the Board determines is in  the  best interests  of the Distric1, which may include but is not limited to a
dir	purch      .E		-huildf£Ti7 > }\dthout competitive selection proces es.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand

,:_lii.tt .	L

Formatted: Centered, Position: Horizontal: Left, Relative to:

delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure  to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's rankings under this Rule shall be in accordance with the procedures set forth in Rule 3.11 .

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. N¼ilmg
!lGOOf&Should the Board be unable to ne11.0tiate a satisfactory contract with the- firm considered to be the second most qualified Hl'lfl, the Boera at a price considered by the Board to be fair. competitive. and reasonable. ne2:otiationswith that firm must tel'!flmato lltlgoaatioHs. be terminated. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable to neeotiate a satisfactory contract with the firm considered to be the third most qualified at a price considered by the Board to be fair, competitive. and reasonable. neeotiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings of the project.

The Design Criteria Professional shall evaluate the

-·1·  -    -:-:. •--

-	- ii!i!!••   •  ,.,-• -  '-"'  ,: -J ::!c  n o  :te   :=t 	 	o: ;ri	!i=:n  J!!i!Ul1ij!!ij•  ll!iilii!c'. ,""'"·,· ::-·-.   ..:

provide the Board with a report of the same.

Formatted: Centered, Position: Horizontal: Left, Relative to:

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified Design-Build Finn available at the time. The fact that an Emergency  Purchase has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public
facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public' s best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Formatted: Heading 2, Tab stops: Not at -0.25" + O' +
O.S" +   1" +    1.511  +  2" +  2.5" +  311  +    3.5" +  4" +  4.5" +
5" + 5.5"

                                       	  Ef- - .[ _6 [

Formatted: centered, Position: Horizontal: Left, Relative ID: Column, Vertical: In line, Relative ID: Margin, Width: Auto

Rule 3.7

(1)

(2)

(3)

Payment and Performance Bonds.

Scope. This Rule shall apply to contracts for the construction of a  public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work; and shall be construed in addition to terms prescribed by any other Rule that may also apply to such contracts.

Required Bond. Upon entering into a contract for any of the services described in section (1) of this Rule in excess of $200,000, the Board should require that the contractor, before commencing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.

Discretionarv Bond. At the discretion of the Board, upon entering into a contract for any of the services described in section (I) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat. LawImplemented: § 255 ,05, Fla. Stat.

Fonnatted: Heading 2, Tab stops: Not at -0.25" + O" +
0.5'' + 1" + 1.5" + 2' + 2.5" + 3" + 3.5" + 4" + 4.5" +
5" + 5.5"

•	----	--· .    ..sw,  : ..,,•   .,;;·.,·.·;··"'•  •m·-

Fonnatted: Centered, Position: Horizontal: Left, RelatiVe to:

Rule 3.8

(1)

(2)

 	

Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, shall be purchased under the terms of this Rule. Contracts for purchases of"goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely  in order to avoid the threshold bidding requirements.

Procedure. When a purchase of goods, supplies, or materials is within  the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located.  The notice shall  also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested  in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to  the District Manager for inclusion on the list. However,  failure  of  a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District bas pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre­ qualified will be eligible to submit bids, proposals, replies, or responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or

.  r  . ponses :	s	1lfJ	m.· ·--i"!!
Hold theall required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;	Formatted: Centered, Position: Horizontal: Left, Relative to:

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Any firm or individual whose principal place of business is outside the State of Florida must also submit 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 foreign state to business entities whose principal places of business are in that foreign state, in the letting of any or all public contracts. Failure to submit such a written opinion  or  submission of a false or misleading written opinion may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses  shall be evaluated in accordance with the respective Invitation  to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and this Rule. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver  of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional  information may be requested and/or provided to evidence compliance, make non­ material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a Responsive and

 ponsih,J irlrjtM;if;i:!U<'S§lffl1ff 19 JW IPMiJt1tiR- .i.d, Request for Proposals, Invitation to Negotfate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of  business  is  located  in  a  foreign state which does not grant a preference in competitive purchase to
businesses whose  principal  place of business  are in that  foreign state, the	Formatted: Centered, Position: Hortzontal: Left, Relative to:

lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference equal to the preference granted by such foreign state.

To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded  fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of bid, proposal, reply, or  response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

Notice of intent to award, including rejection of some or all  bids,  proposals , replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service.  The notice shall include the following statement:   "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of  the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of  goods, supplies, and materials under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) aids, f!Fef!Osals, Fef!liesResponsi ve Bids. Proposals,

e1,  .-:erlies, or.restJoasesResp_onses. a r"i]'@d  &w R.iiitii k:i11Y P.11W  1.il"'el.<. "'eXl!!!!!!!!ii!i!-. 
goods, supplies, or  materials, or  may reject the  bids, proposals, replies, or
responses for a lack of competitiveness . If no Responsive Bid, Proposal, Reply, or Response is received, the District may takce •,vl!MeYer stef!S FeasSBaely aesessllfY ia oFeeF to proceed with the procurement of goods,
supplies, and materials, in  the manner  the Board determines  is  in the best	Formatted: Centered, Position: Horizontal: Left, Relative to:

interests of the District. which steps-may include but is not limited to a direct purchase of the goods, supplies, and materials without further competitive selection processes.

Goods, Supplies. and Materials included in a Construction Contract Awarded Pursuant to Rule 3.5 or 3.6. There may be occasions where the District has undergone the competitive purchase of construction services which contract may include the provision of goods, supplies, or materials. In that instance,  the District may approve a change order to the contract and directly purchase the goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract shall be exempt from this Rule.

Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process. This Rule shall not apply to the purchase of goods, supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a peFiea that. may net e1teeea three (3) years er the tefffl ef  the eriginal eellffftet, 1.¥ftiehe·,·erperiea is lengera maximum  period of five (5) years.

Emereency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.053,190.033, 287.017, 287.084, Fla. Stat.

Fonnatted: Heading 2, Tab stops: Not at  0" + 0.5'' + l" +
1.5" +  2" +  2.5" +  3" +  3.5" +  4" +  4.5" + 5" +  5.5" +
6"+ 6.5"

ft ..":,··_ ·	 	

Fonnatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertfcal: In line, Relative to: Margin, Width: Auto

Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of maintenance services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located.  The notice shall  also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving  notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However,  failure  of  a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of maintenance services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, and responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

- !'JJ	(i)  ...J;[old_th . . i;	['R)ip blr -•		l)	es in gopd standing;		· ·

Hold all required applicable federal licenses in good standing, if any;

Fonnatted: Centered, Position: Hor1Zontal: Left, Relative to:
   Column, Vertical: In line, Relative to: Margin, Width: Auto	

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective  Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and these Rules. Minor variations in the bids, proposals, replies, and responses may be waived by the Board. A  variation is minor  if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted in response to an Invitation  to Bid by a Responsive and Responsible  Bidder shall be accepted.   In relation to a Request for Proposals, Invitation to Negotiate or  Competitive Solicitation the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, or responses.

L	: ! :•,M _

_..

:;_-:;_-_  -    -	-- 	T 	:·_ · ··-	"'- ---- --- 	,,  

...w..wwiiii<,-miii[il!!l.......,.•IPF••.,-·,- ,...,_.,_  -st·· --     •         ---

The Board shall have the right to reject all bids, proposals, replies, or
responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No Vendor shall be

Fonnatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

G) Notice of intent to award, including  rejection  of  some  or  all  bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

(k)   If  less than  three (3) Responsive  Bids, Proposals,  Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take wha-te•,•er steps re11saB!lbly Beeess11ry iB artier ta proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District, which steps-may include but is not limited to a direct purchase of the maintenance services without further competitive selection processes.

Exemptions. Maintenance services that are only available from a  single source are exempt from this Rule. Maintenance services provided by governmental agencies are exempt from this Rule. A contract for maintenance services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for II per-iacl th!!t may Hat ellieeecl three (3) years er the teffil: ef the ar-igiB11l eaBtr11et, w1l.iehever periacl is laBger. a maximum period of five (5) year s.

....,.

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the

..	 	   m·

tor!P.rT];'.J7i /k Pllb1iq  .	!,aw5 _  ,  -··

,   	-,  - ......,..,_._    ---..._.,  p(-lil-   lll!ll!_!"-", -.-..- fW1

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§190.011(5),190.011(15), 190.033, Fla. Stat.

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

 	

Formatted: Heading 2, Left, Tab stops: Not at 0" + 0.5" +
1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" +
5.5" + 6" + 6.5"

-·
Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

Rule3.10

(1)

(2)

Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules, including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.

Contracts: Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority:§§ 190.011(5), 190.011(15), Fla. Slat,
Law Implemented: §§ 119.0701, 190.011(3), 190.033, Fla. Stat.

Formatted: Font: 10 pt, Not Bold

Formatted: Font: 9 pt, Bold

ms-.  : .	1::·: . a: 

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

Rule 3.11	Protests
---with Respect to Proceedings under Rules 3.1. 3.2, 3.3, 3.4, 3.5, 3.6. 3.8. and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6,◄---{ Formatted: Indent: Left:  O"
8, and 3.9 shall be in accordance with this Rule.	'

Filing.

With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after the first advertisement of  the Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven  (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's intended decision. Failure  to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

Except for those situations covered by subsection (l)(a) of this Rule, any firm or person who is affected adversely by a District's  ranking  or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9 and desires to contest the District's ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District's ranking or intended award. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice  of  protest was filed. For purposes of this Rule, wherever applicable,  filing will  be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's ranking or intended award. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and

--·

-    -      1,>s'.hl."'-'lal  tli'lSPJ11iplly tCJJ11ina1	:slles1  proceeding  .
If	(cl	If the requirement for the postinl!. of a  protest bond  and  the amount  of  the  protest  bond .  which  may be  ex pressed  by a
percen tal!.e of the contract to be  awarded  or a  set amoun t. is disclosed  in the  District's  competitive   solicitation   documents  for  a  particular purchase

Column, Vertlcal: In line, Relative to: Margin, Width: Auto

under Rules  3.1, 3.2,  3.3,  3.4, 3.5, 3.6, 3.8,  or  3.9, tae Boan! may FeEJeire	Formatted: Centered, Position: Horizontal: Left, Relative to:

any person who files a notice of protest temust post athe protest bond--m the. The amount eEj\ial te 1% ef the a!Hieipated eefttfaet ameltlll: that is the soojeet--of the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any. imposed by Florida law. In the event the protest is successful, the protest  bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

(d) The District does not accept documents  filed  by  electronic  mail  or facsimile transmission. Filings are only accepted during normal business hours.

Contract Execution. Upon receipt of a notice of protest which has been timely filed, the District shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materially increase the cost of the project, or will create an immediate and serious danger to the public health, safety, or welfare, the contract may be executed.

Informal Proceeding. If the Board determines a protest does not involve  a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceeding shall be at a time and place determined by the Board. Notice of such proceeding shall  be sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision.

- -- .. -. is@

Formal Proceeding. If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided for in section (3) of this Rule, the District shall schedule a formal hearing to resolve the protest. The Chairperson shall designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer to conduct the hearing. The hearing officer may:

,..   :   ±  _   ---- - <al		 --
Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Formatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for fmal District action. The District  shall allow  each party fifteen (15) days in which to submit written exceptions to the recommended order. The District shall issue a final order within sixty (60) days after the  filing  of the recommended order.

Intervenors. Other substantially affected persons may J om the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Re jec tion of all Qualifications, Bids, Proposals. Re plies and Responses after Receipt of Notice of Protest. If the Board determines there was a violation oflaw,
defect.  or  an  irregularity  in  the  competitive  solicitation  process.  the  Bids,	 	

Proposals.  Replies,  and Responses  are too higl\, or  if  the Board  determines  it is  _.--{ F_o_nna_tlll!d: _te_xt  _   _
otherwise in the District's best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive  solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

_ _ _

_ _ _ _

_ _ ,

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 190.033,Fla. Stat.

·. iY	·-·

Formatted: Heading 1, Tab stops: Not at o• + 0.5' + l" +
1.5" + 2" + 2.5' + 3.25" + 3.5" + 4" + 4.5" + 5" +
5.5" + 6"

Rule 4.0	Effective Date.

These Rules shall be effective _

_ _ _

_  _,	except that no election of

officers required by these Rules shall be required until after the next regular election for the Board.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

---·- .-..---·lli'ii-..■r.-	 --r  • -------=--	-·

S ECTION IX

AGREEMENT BETWEEN POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT AND FLORALAWN INC. REGARDING THE PROVISION OF LANDSCAPE MAINTENANCE SERVICES

This Agreement (the “Agreement”) is made and entered into this 	day of 	, 2019, by and between:

Poinciana West Community Development District, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Polk County, Florida, and whose mailing address is 135 West Central Boulevard, Suite 320, Orlando, Florida 32801 (the “District”); and

Floralawn Inc., a Florida corporation, whose mailing address is 734 S. Combee Road, Lakeland, Florida 33801 (the “Contractor,” and together with the District, the “Parties”).

RECITALS

WHEREAS, the District was established pursuant to Chapter 190, Florida Statutes, for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including landscape improvements and other public infrastructure; and

WHEREAS, the District desires to retain an independent contractor to provide landscape and irrigation maintenance services within the District; and

WHEREAS, Contractor represents that it is capable of providing such services and desires to contract with the District to do so in accordance with the terms of this Agreement; and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

SECTION 1. RECITALS. The recitals so stated are true  and  correct  and  by  this  reference are incorporated into and form a material part of this Agreement.

SECTION 2.	DESCRIPTION OF WORK AND SERVICES.

The duties, obligations, and responsibilities of the Contractor are to provide the services, labor and materials described herein and in Exhibit A (the “Services”), attached hereto and incorporated by reference herein, within the District, areas depicted in the map attached hereto as Exhibit B (“Landscape Maintenance Map”), and incorporated herein by reference.

In the event of extreme severe weather, such as a hurricane and other extreme wind or water events, the Contractor shall provide the additional professional services as shown in Exhibit C, Emergency Preparedness Plan, attached hereto and incorporated herein by reference.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District and in accordance with this Agreement. Contractor shall use industry best practices and procedures when carrying out the Services. Any additional compensation for additional duties shall be paid only as negotiated between the parties and upon the written authorization of the District.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services.

In the event that time is lost due to heavy rains (“Rain Days”), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the time during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days, but shall not provide services on Sundays.

The Contractor shall report directly to the District’s Designee who shall be the District’s Field Services Manager. Contractor shall use all due care to protect the property of the District, its residents and landowners from damage and shall follow and be responsible for the Services set forth in Exhibit A on the property as provided in Exhibit B. Contractor agrees to repair any damage resulting from Contractor’s activities and work within twenty-four (24) hours.

SECTION 3.	COMPENSATION; TERM.

The term of this Agreement shall be from November 1, 2019, through October 31, 2020, unless terminated earlier in accordance with the terms of this Agreement. The Agreement may be renewed for two (2) additional one (1)-year terms on the same terms provided herein, in the District’s sole discretion.

As compensation for the Services described in this Agreement, the District agrees to pay the Contractor Fifty-Six Thousand Two Hundred Ninety-Three Dollars and Ninety-Two Cents ($56,293.92) per year (“Annual Contract Amount”), payable in twelve (12) equal monthly installments of Four Thousand Six Hundred Ninety-One Dollars and Sixteen Cents ($4,691.16) per month, which amounts includes all tools, labor, materials and items necessary for the completion of the Services by the Contractor.

Additional services involving the installation of pine straw/mulch and annuals are not included in the Annual Contract Amount total noted in Section 3(B) herein. Such services shall be provided at the written direction of the District pursuant to the rates depicted in Exhibit A. If the District should desire additional work or services not provided in Exhibit A, or to add additional lands to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services as further provided in Section 4. Upon successful negotiations, the Parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement as further provided in Section 4.

The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, material men, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial Waivers of Lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen’s Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. These monthly invoices are due and payable within forty-five
days of receipt by the District and in accordance with Florida’s Prompt Payment Act. Each monthly invoice will include such supporting information as the District may reasonably require the Contractor to provide.

SECTION 4. CHANGE ORDERS. Contractor understands that the Services may  be  reduced, enlarged or otherwise modified in scope. If any additional Services are proposed beyond those identified in this Agreement, Contractor shall perform them but only after receiving a written change order from the District. Contractor shall cooperate with and assist the District in preparing and determining the scope of any change order. In the event the service is a unit price set forth in this Agreement, Contractor’s compensation shall be adjusted for the added or deducted services proposed by the change order in accordance with the unit prices established in the Agreement. In the event this Agreement is not a unit price set forth in this Agreement, Contractor’s compensation shall be adjusted for the added or deducted services proposed by the change order as reasonably determined by the District in conference with the Contractor.

SECTION  5.  COVENANT. Contractor hereby covenants to the District that it shall  perform the Services: (i) using its best skill and judgment and in accordance with generally accepted professional and design standards and practices for projects of similar design and

complexity as the development occurring within the District; (ii) in compliance with all applicable federal, state, county municipal, building and zoning, land use, environmental, public safety, non-discrimination and disability accessibility laws, codes, ordinances, rules and regulations, including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform; and (iii) in an expeditious and economical manner consistent with the best interest of the District. Contractor hereby covenants to the District that any work product of the Contractor shall not call for the use nor infringe any patent, trademark, services mark, copyright or other proprietary interest claimed or held by any person or business entity absent prior written consent from the District.

SECTION  6  INSURANCE.   Contractor shall, at its own expense, maintain insurance during the performance of its Services under this Agreement, with limits of liability not less than the following:
Workers Compensation	statutory General Liability
Bodily Injury (including contractual)	$1,000,000/$2,000,000
Property Damage (including contractual)	$1,000,000/$2,000,000

Automobile Liability (if applicable)
Bodily Injury and Property Damage	$1,000,000
Contractor shall provide District with a certificate naming the District, its supervisors, officers, agents and employees as an additional insured. At no time shall Contractor be without insurance in the above amounts. No policy may be canceled during the term of this Agreement without at least thirty (30) days written notice to the District. An insurance certificate evidencing compliance with this section shall be sent to the District prior to the commencement of any performance under this Agreement.

SECTION 7. INDEPENDENT CONTRACTOR.  It is understood and agreed that at all times the relationship of Contractor and its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint venturer or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of District and at all times entirely under Contractor's supervision, direction and control.

In particular, District will not: i) Withhold FICA (Social Security) from Contractor's payments; ii) Make state or federal unemployment insurance contributions on Contractor's behalf; iii) Withhold state or federal income tax from payment to Contractor; iv) Make disability

insurance contributions on behalf of Contractor; or v) Obtain workers' compensation insurance on behalf of Contractor.

SECTION   8.	COMPLIANCE   WITH   LAWS,   ORDINANCES   AND   REGULATIONS.	In
performing its obligations under this Agreement, Contractor and each of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction, including all laws, regulations and rules relating to immigration and/or the status of foreign workers. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall ensure that all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor observe Contractor's rules and regulations of safety and conduct. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment and other property. Contractor shall remedy all damage or loss to any property caused in whole or in part by Contractor, its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, or by anyone for whose acts Contractor may be liable. Contractor shall indemnify District for all damage or losses it may incur or be exposed to because of Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor’s failure to comply with the provisions contained herein.

SECTION 9.	DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A
default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit  or impair the District’s right to protect its rights from interference by a third party to this Agreement.

SECTION 10. ENFORCEMENT OF AGREEMENT.  In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorneys’ fees, paralegal fees and expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 11.  AMENDMENTS.  Amendments to and waivers of the provisions contained  in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

SECTION 12. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the

Contractor have full power and authority to comply with the terms and provisions of this instrument.

SECTION 13. NOTICES. All notices, requests, consents and other communications under this Agreement (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Contractor:	Floralawn Inc.
734 S. Combee Road Lakeland, Florida 33801
Attn:  	

If to District:	Poinciana West Community Development District
135 West Central Boulevard, Suite 320
Orlando, Florida 32801 Attn: District Manager

With a copy to:	Hopping Green & Sams PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: District Counsel

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non- business day, the Notice period shall be extended to the next succeeding business day.  Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

SECTION 14. ARM’S LENGTH TRANSACTION. This Agreement  has  been  negotiated fully between the District and the Contractor as an arm’s length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Contractor.

SECTION 15. THIRD  PARTY  BENEFICIARIES.  This Agreement is solely for the benefit  of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or

corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

SECTION 16. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement or any monies to become due hereunder without the prior written approval of the other.

SECTION 17. APPLICABLE LAW AND VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Each party consents that the venue for any litigation arising out of or related to this Agreement shall be in Polk County, Florida.

SECTION 18.	INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District’s percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys’ fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District.

SECTION 19.	LIMITATIONS	ON	GOVERNMENTAL	LIABILITY.	Nothing	in	this
Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim

which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.
SECTION 20. TERMINATION. The District agrees that the Contractor may terminate this Agreement for cause by providing thirty (30) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all Services rendered up until the effective termination of this Agreement, subject to whatever claims or off sets the District may have against the Contractor as the sole means of recovery for termination.

SECTION 21. OWNERSHIP OF DOCUMENTS. All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Contractor pursuant to this Agreement shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

SECTION 22. COMPLIANCE WITH PUBLIC RECORDS.  Contractor  understands  and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is George Flint (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which 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 the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements  for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

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, GMS-CENTRAL FLORIDA, LLC, AT (407) 841-5524,

GFLINT@GMSCFL.COM, OR 135 WEST CENTRAL BOULEVARD, SUITE 320, ORLANDO, FLORIDA 32801.

SECTION 23. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 24. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 25.  SCRUTINIZED COMPANIES STATEMENT.  Contractor certifies that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in the Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel, the District may immediately terminate.

SECTION 26. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement.

[SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the Parties execute this Agreement to be effective the day and year first written above.

Attest:	POINCIANA WEST COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Witness:	FLORALAWN INC., a Florida corporation

(Signature of Witness)	By: 	
Its: 	

(Print Name of Witness)

Exhibit A: Scope of Services
Exhibit B: Landscape Maintenance Map
Exhibit C: Emergency Preparedness Plan

Exhibit A

Scope of Services

LANDSCAPE MAINTENANCE SPECIFICATIONS

MOWING

Uniformity in turf texture and appearance shall be provided. Mowing shall be performed  with specified mower types & blades to provide a quality cut as listed in Appendix I. The pond banks shall be mowed in one direction, if possible, to reduce the amount of grass clippings being displaced and/or blown into the ponds; provided, that mowing patterns shall be rotated (where applicable) to minimize scalping and rutting by mower wheels and to minimize soil compaction. Grass cutting height shall be between 3.5 - 4.5 inches for St. Augustine and 3 ½ inches for Bahia.

Contractor must use alternate methods of mowing areas where the ground is too wet to allow safe and proper mowing. Contractor will notify Property Manager within 24 hours and contractor shall use string trimming or fly mower instead of regular lawn mowers for service.*
*Does not include dry pond basins

ST. AUGUSTINE TURF AND IRRIGATED BAHIA TURF

Mowing of all turf areas no less than once every seven (7) days during the months of April 1st to October 31st.

Mowing of all turf areas no less than once every fourteen (14) days from November 1st to March 31st.

NON-IRRIGATED BAHIA TURF
November thru April	1 mow per month (1st week of the month)
May & June	2 mows per month (1st and 3rd week of the month)
July thru September	4/5 mows per month (every week)
October	2 mows per month (1st and 3rd week of the month)

EDGING

Defined as the outlining and/ or removing of turf by use of a mechanical edger. Chemical or string edging will be allowed with prior approval of the District in special instances.

Contractor shall neatly edge and trim around all plant beds, curbs, walks, streets, trees, plants and building areas by use of mechanical edgers. The shape and configurations of plant beds shall be maintained as instructed by District.

The edging of all sidewalks, curbs, pathways, and other paved areas will be completed no less than once every seven (7) days during the months of April to October and no less than once every fourteen (14) days from November 1st to March 31st. Edging will be done within 24 hours of the scheduled mowing service.

The edging of all planting beds will be completed every other mowing to avoid over detailing of bed areas. Care shall be taken as not to injure tree trunks or plant materials during the edging operations.

DETAILING OF PLANTED AREAS

This service is defined as the trimming, weeding by mechanical or chemical means, pruning, and shaping of all shrubbery, ornamentals, and groundcover, removal of tree suckers as well as the defining of bed lines, tree saucers, and the removal of unwanted vegetation. Weeding would include the weeding of all beds (including cut turf runners), walkways, decks, curbs and concrete joints. Chemical controls may only be used if adjacent desirable plants are guaranteed not to be injured. Contractor shall maintain a valid Florida Pesticide Applicator’s License and use chemicals in strict accordance with Federal, State & County directives on environmental control. Chemicals must have EPA approval #’s and labels made available to the District per request. American National Standards Institute (ANSI) regulations are to be observed.

Pruning services will be performed at minimum one (1) time per month year round.
Weeding services will be performed at minimum bi-weekly year round.
o At no time are weeds in excess of one square foot of ground cover in one location or 8” in height acceptable.

TREES

Trees in pedestrian walkway areas will have a clearance maintained up to eight (8’ – 10’) feet in height. Trees along roadways, entrances, and driveways will have a clearance maintained up to ten (10- 12’) feet in height.

Palm trees up to (12’) feet of clear trunk will be trimmed based on University of Florida’s recommendations of 100% browning. All Palms on property will be trimmed at 3 to 9 o’clock. Palm trees up to 12 foot (ct) will be pruned during the routine detail rotation.  Fronds removed before such time will be at the request of the District, with the District taking ownership for the health and any long term horticultural decline that may occur. Careful trimming procedures shall be followed to prevent damage to any portion of the tree, especially the crown, shaft & bud areas.

Palm trees over (12’) feet clear trunk (ct) will be pruned at least once per year at 3 to 9 o’clock. This includes all common areas.

Sucker growth shall be removed monthly according to “trimming” specifications. Sucker growth is defined as the shoots that sprout out around the base and clear trunk area of a tree or crape myrtle trunk.

Crape Myrtles (if applicable) will be pruned one (1) time per year in late winter UNLESS otherwise specified by the District. It is possible that some Crape Myrtles will be allowed to grow into trees. University of Florida’s recommendations shall be followed in Crape Myrtle pruning:

Remove suckers from the bottom of the plant.
Remove crossed, damaged, or diseased branches. For crossed branches, remove the weaker of the two limbs that are crossing or rubbing.
Prune the tips of the branches to remove old flowers. If old blooms are removed, a second blooming may occur.
Remove old flower buds at the beginning of the season, which will encourage new growth activity.
Thin out small twiggy growth to allow air to better circulate in the canopy.

BLOWING

Sidewalks, curbs and other paved surfaces adjacent to turf and/ or other landscaped elements will be kept clean of unwanted debris generated by the Contractor by the use of forced air machinery.

MONITORING

All turf, shrubs, ornamentals and groundcovers are to be monitored for pest, disease and nutrient problems with positive findings being reported, in writing. If the problem is a covered item under the provisions of this contract, immediate steps will be taken to rectify the problem. If a treatment is not in effect or not available, contractor will provide an estimate based on time and materials needed for effective treatment.

TRASH REMOVAL

Contractor will police the entire site prior to mowing to remove litter. Contractor will  remove all debris and/or litter from all areas maintained under this contract during every visit.

DEBRIS REMOVAL

Contractor is responsible for the removal of any maintenance-related debris from the property no later than the end of the day where the debris was generated.

DEAD WOOD/ MATTER

Dead or otherwise hazardous (broken) tree branches shall be removed promptly if they are within fifteen (15’) feet of a hard surface. Dead or otherwise hazardous tree branches that  are above the contract specifications should be brought to the attention of the District for pre-

approval and subsequent immediate removal.

All extraneous leaves, weeds, trash, limbs and debris shall be removed from lawn and plant beds.

CONTRACTOR’S PERFORMANCE AND APPEARANCE

The landscape maintenance contractor shall perform all work required to fulfill the spirit and intent of the Contract. The workers shall be neat in appearance, perform their work in a professional manner, keep noise to a minimum and stage their work from a location on the site out of the main stream of the users. In general, the landscape maintenance contractor’s presence on the site shall be as inconspicuous as possible.

NEGLECT AND VANDALISM

Turf, shrubs, trees or plants that are damaged or killed due to landscape maintenance contractor’s operations, negligence or chemicals, shall be replaced immediately at no cost to the District. If plant damage or death is caused by conditions beyond the landscape maintenance contractor’s control, replacement shall be at the District’s expense.

Sprinklers or structures that are damaged due to the landscape maintenance contractor’s operations must be replaced by the landscape maintenance contractor immediately at his expense. Damage caused by others shall be promptly brought to the District’s attention.

All water damage resulting from Contractor’s negligence shall be corrected at Contractor’s expense.

All damage to or thefts of landscaping and irrigation installation not caused or allowed by Contractor shall be corrected by the Contractor at the District’s expense upon authorization to proceed.

QUALITY

All landscaping materials installed must meet or exceed all state and/or local codes and/or ordinances of the State of Florida (Florida #1 or Florida Fancy Plants and Trees) All plants shall be healthy, well branched and densely foliated, with well-developed root systems, free of disease and insect pests. The District reserves the right to reject any plant material(s) that if feels does not meet expectation.

FERTILIZATION AND PEST CONTROL SPECIFICATIONS
GENERAL REQUIREMENTS

Pond banks shall be fertilized semi-annually. This should only be done by owner’s request.
Technicians will give appropriate notification to persons in the immediate area of impending chemical applications.
Application reports giving the date, type of chemical applied, application rates, name of

technician and company shall be given to the District’s management company.
	Copies of manufacturer labels and Material Safety Data Sheets shall be provided to the District’s management company.
All materials will be used as approved for intended use by the regulatory standards.
All materials shall be applied per the manufacturer’s specifications and guidelines.
	Lawn and pesticide signs shall be posted at the home or common area after the use of chemicals for safety and compliance.
The District Manager and representatives of the District reserve right to be present when chemicals are being mixed and applied.
Specifications are performance based and ultimately insect/disease & weed control to the complete satisfaction of the District is the responsibility of the contractor.
TURF CARE SPECIFICATIONS: St. Augustine Turf

Contractor shall provide fertilization & insect, disease & broadleaf (primarily but not exclusively) weed control to all areas of St. Augustine turf. The following is a recommended guideline the Contractor should follow:

All fertilizers utilized must contain a nutrient package specifically blended for Florida’s unique landscapes and will have a minimum of 50% slow release nitrogen source to ensure extended performance. A complete minor element package shall be included with each application to ensure that all of the requirements for a Florida landscape are provided for. The method of application will be dependent upon the landscape layout.

The lawn treatments should consist of a minimum of four blanket applications and minimum three IPM visits by a qualified technician or as specified in the contract. Premium product will be used to prevent surge growth, but still allow for an attractive, healthy, vigorous lawn.

IPM Defined- Contractor must utilize and employ an Integrated Pest Management Program or IPM program. This program is designed based off of key points of interest suggested by the University of Florida. The key elements are as follows:

Prevention- Proper planting, maintenance, and sanitation practices.
Cultural- Employment of good horticultural practice to optimize plant health.
Scouting- Trained personnel diligently scout property for signs of disease or infestation.
Identification- The appropriate means are taken to diagnose the cause.
Program Implementation- Contractor personnel must use the least noxious means of pesticide/bio-rational application to remedy situation. Ultimately, Contractor recommends the best course of action to follow.
Follow up- Trained personnel follow up on progress of treatment plan and report back to the District.

Contractor must employ methodology consistent with “Florida Green Industries Best Management Practices.”

In Polk County with an adopted fertilizer ordinance, the Polk ordinance shall prevail and serve as a guide to nutrient selection and timing. Please check the following Polk County ordinance at http://polk.ifas.ufl.edu/AG_Safety/files/pdf/publications/laws/PolkCoFertilizerMgmtOrdinance.p df

Turf Weed Control: The control of broadleaf weeds will be included in the Contractors program. Herbicides should be applied only when temperatures are below 90 degrees and wind drift is at a minimum to avoid turf damage.

Due to the unavailability or restricted use of effective control products, the prevention or control of Crabgrass, Bermuda grass, and select Sedges are not part of this proposal. It is understood that at the expense of the District, any areas of select Crabgrass, Bermuda & select Sedge can be replaced by the Contractor.

Weed control is to be maintained at no less than 90%.

Turf Insect Control: The appropriate pesticides will be used for lawn damaging insects. Turf will be inspected on a regular basis by a qualified technician or other qualified personnel for any follow up necessary.

Ant control and other pesticide and/or fungicide applications above and beyond the standard program will be included in this contract.
Preventative grub control is expected, and curative spot control is also expected.
TURF CARE SPECIFICATIONS: Bahia Turf
Bahia grass has the ability to withstand extended periods of time without rainfall or irrigation. Most weeds do not possess this ability and thus drought tolerance is the turf’s primary means of survival. Irrigation (where applicable) will be eliminated in all Bahia turf areas. If requested by the District, the contractor will provide a price for Bahia fertilization.

WARRANTY

If the turf included in this “turf care program” dies due to damage from biotic agents such as insects or diseases or from abiotic factors such as fuel spills or fertilizer burn, the turf will be replaced at no expense to the District.

SMALL TREE/SHRUB CARE (<10’) PROGRAM:

Fertilization: Tree and shrub fertilization frequencies will be performance based, not treatment based. It is expected that the Contractor use a complete fertilizer blend with all necessary minor elements. The blend should be 50% slow release or an equivalent.

Transplanted trees less than 3 years old will be included in standard program; trees over that age will be fertilized with the lawn application.

In Polk County with an adopted fertilizer ordinance, the Polk County ordinance shall prevail and serve as a guide to nutrient selection and timing.

Integrated Pest Management: Pesticides will only be used on an as-needed basis and only in the general areas having the problem. A curative approach shall be implemented for insect and disease management in turf and landscape areas when damaging thresholds have been identified as negatively impacting either, health or aesthetics. In areas where problems persist, then a preventative approach should be implemented.

Contractor personnel should be diligent in their scouting of damaging pests and disease. Horticultural pest control and or appropriate recommendations will be made to minimize injury to ornamental plants. This is to be achieved by monitoring the property and a complete service and inspection at minimum every eight (8) weeks.

ORNAMENTAL PALM TREE PROGRAM:

Fertilization: Tree fertilization frequencies shall be performance based, not treatment based. It  is expected that the Contractor use a complete fertilizer blend with all necessary minor elements. The blend should be 100% slow release. Contractor will use premium products at the recommended rate to prevent any surge growth, but still allow for an attractive, healthy, vigorous landscape.

Therapeutic applications of minor elements are to be included to ornamental palms indicating need.

In Polk County with an adopted fertilizer ordinance, the County ordinance shall prevail and serve as a guide to nutrient selection and timing.

Palm Integrated Pest Management: Pesticides will only be used on an as-needed basis and only in the general areas having the problem. A curative approach shall be implemented for insect and disease management in turf and landscape areas when damaging thresholds have been identified as negatively impacting either, health or aesthetics. In areas where problems persist, then a preventative approach should be implemented.

Contractor personnel should be diligent in their scouting of damaging pests and disease. Horticultural pest control and or appropriate recommendations will be made to minimize injury to ornamental plants. This is to be achieved by monitoring of the property and a complete service and inspection at minimum every eight (8) weeks.

Bud and root drenching for specific insect/disease problems are not to be included but can be priced separately if needed and completed upon approval from the District.

WARRANTY

If a plant, shrub or tree dies from insect or disease damage while under this tree/ shrub/palm care program, it will be replaced, at no cost to the District, with one of equal value and that is reasonably available and approved by the District.
IRRIGATION MAINTENANCE SPECIFICATIONS
This service is defined as inspection & repair of the irrigation system by the contractor for the community common areas. Any damage caused by contractor activity shall be repaired by the contractor at the contractor’s expense.

Minor repairs will be made at the time of inspection or during work order process on a monthly basis. Minor repairs include; spray heads, rotor heads, nozzles, stand pipes, shrub adaptors, valves and lateral lines up to 1.5 inch. Minor repairs are the responsibility of the contractor and are included in the monthly proposed price.

Major irrigation repairs are not included in the proposed price and will be completed on a separate work order upon approval by the District Manager. Major repairs include but are not limited to, main line larger than 1.5 inch, controllers, pumps, backflows and rain sensors.

The contractor shall be responsible for any damage to the turf or plants due to either under watering or over watering by the irrigation system. Contractor will not be held responsible for failure of main irrigation water supply, water pressure or water restrictions imposed by a statutory or similar authority.

FREQUENCY

Contractor shall perform a complete irrigation maintenance inspection once per month.

IRRIGATION CONTRACTOR RESPONSIBILITIES

The District irrigation contractor is responsible for the management and maintenance of the irrigation system located on District-owned lands.

The system uses reclaimed water provided by TOHO Water Authority with the exception of the community pool areas located throughout. Contractor is required to maintain communication with TOHO on behalf of the District and Developer.

Contractor is responsible for generating data from daily monitoring, interpret data and generate reports for field dispatch, field repair and adjustments as necessary and maintain documentation. Daily data will be provided by the contractor and made available to the District Manager upon request.

Contractor is responsible for adjustments to watering schedules as needed for weather, new sod, plants, trees or other improvements at the common areas as requested through the District work order system.

Contractor must respond to all District generated work orders within 48 hours for common areas. Contractor is required to activate system for residents, meet with residents on site when necessary and to close work orders through the District Manager.

Contractor will be responsible to activate and inspect all zones for the entire community monthly and make necessary adjustments for proper operation. Each inspection must be documented in writing and provided to the District Manager upon request.

SERVICE SPECIFICATIONS

Timing of irrigation operation must adhere to any water restrictions in effect within the property jurisdiction.

The following items shall be accomplished each month for common areas:

Activate each zone of the system.
Visually check and replace as necessary of any damaged or malfunctioning heads in District-owned lands. This should be done weekly by area supervisor or irrigation tech.
Clean and/or adjust any heads not functioning properly. The District will be allowed to inspect any heads that he may be charged for.
Report any valve or valve box that may be malfunctioning or damaged in any way.
Adjust controllers to the watering needs as dictated by environmental conditions.
Inspect and adjust rain sensors as needed.
Insure that all valves that are marked remain sufficiently marked to allow a person unfamiliar with the system to locate.
Provide a monthly written report detailing inspection results by clock and zone.
Report	recommendations	to	improve/enhance	the	irrigation	systems effectiveness.

Irrigation repairs that become necessary, that are over and above minor repairs as outlined will be done on a time and material basis. All extra repairs are to be estimated & reported to the District and the contractor must obtain approval prior to starting repair work.

The written proposal shall include:
Hourly rate for irrigation tech
Necessary materials
Contractor must provide and possess experience in operation of central control irrigation systems.

STORM PREPARATION

In the event of a forecasted weather event, such as but not limited to hurricanes, the District may deem it necessary to suspend all operation of irrigation equipment, pump stations, and to secure controllers to avoid power surges and any catastrophic events such as an uprooted tree that breaks a mainline. These services, should they be requested, would be considered over and above the routine maintenance contract and will be done on a time and material basis.

SPECIAL SERVICES SPECIFICATIONS

MULCH

It is anticipated Poinciana West Community Development District will mulch the entire property once per year. This will include all common areas.

Old mulch in excess of three inches (3”) in depth will be removed prior to installation of a new layer of mulch. This step will be at the discretion of the District. If the District deems this step necessary, the Contractor will provide a price to remove the excess mulch prior to installation of new mulch. The pricing for mulch installation are as follows:

Item	Cost per Bale	
100 Bales	$8.00	
500 Bales	$7.50	
1,000 Bales	$7.25	
5,000 Bales	$7.00	

COMMUNICATION

As part of this agreement it is expected that the contractor will provide ongoing extensive communication to the District Manager and Residents of the community. Communications include but are not limited to:
Daily work orders
Daily updates as needed for “Solivita Live”
Weekly email blast
Monthly mow schedule
Monthly detail schedule
Monthly newsletter article
Special project schedules (i.e. mulching, palm & tree pruning)

Exhibit B

Landscape Map

Exhibit C

Emergency Preparedness Plan

Poinciana West Community Development District
EMERGENCY PREPAREDNESS PLAN
For
LANDSCAPE, HARDSCAPE & STREETSCAPE AMENITIES

Located In POLK COUNTY, FL

Purpose: To provide a comprehensive list of procedures to be followed by the Contractor for preparations related to storm events and other natural emergencies on the District jobsite within the District’s boundaries. This plan is to be utilized as the minimal procedures to be followed during preparation for storm events, such as hurricane and other extreme wind or water events. Actual physical situations and weather conditions may affect the execution of this plan. This plan is to be utilized as a guide for the process.

The District will appoint a representative referred to as the Storm Emergency Preparedness Coordinator (SEPC) who will closely monitor the weather conditions during the hurricane season, which runs from June 1st to November 30th every year, and generally monitor the weather for the balance of the year. The SEPC will coordinate with the Contractor to ensure that the minimum requirements of this plan are met. The initial SEPC is
 	.

The Contractor may have company-generated emergency/storm work procedures in place, which exceed this plan. These procedures must be coordinated and approved by the SEPC. At a minimum, the Contractor will be required  to follow the procedures outlined in this plan. For the safety of all employees, the Contractor’s crew shall not be dispatched until the storm has passed, unless authorized by the SEPC. After the storm has passed, the jobsite will be evaluated by the Contractor’s Project Superintendent (CPS) and the SEPC for safe working conditions. All employees are not to be allowed to return to work until the site has been deemed safe and sanitary for work by the SEPC and the CPS. No personnel, whether essential or non-essential, shall be allowed to work on the site when maximum sustained winds exceed thirty-nine miles per hour (39 mph). It is contemplated that a regional emergency council/group (“Council”) may be established among landowners with the District in the future for the purpose of effectuating Development-wide emergency policies and procedures. In the event the Council designates facilities  for the purpose of allowing essential personnel to remain on-site during an emergency, the Contractor agrees to coordinate with the SEPC in determining whether Contractor personnel shall remain onsite during an emergency at such time in the future.

The Contractor is expected to place the District in a priority position and the Contractor shall commit to having labor and equipment on site within twelve (12) hours of the storm passing to begin cleanup and restoration operations.

The Contractor will bring in additional equipment and labor, if needed, with the approval of the SEPC. The Contractor shall submit a Labor and Equipment Rate Schedule annually for review and approval by the SEPC. The Contractor shall submit to the SEPC a rate schedule on or before October 1. All preparedness action items shall be  in addition to the scope of services identified in the Agreement and shall be provided by the Contractor at no additional cost.

It is expected that, as a matter of protocol, the Contractor will also monitor the weather for tropical storms, hurricanes, and other weather events that may create emergency conditions throughout the year. The key to providing the safest environment and protection of the landscape and hardscape assets located within the District is based upon preparations, storm awareness, communication, and response.

PREPARATIONS: Preparations for expected storm events may differ; these are the minimum actions that should be undertaken.

During the storm season, the best practice for the jobsite location is to maintain a supply of emergency supplies in the event of isolation, loss of utility services, road blockage, and loss of fuel supplies. Suggested items to be included in the Emergency Response Box (“Hurricane Box”), or other such emergency storage container, should include, but is not limited to:

Supply of Drinking water (3 days per employee on site)
3 day supply of non-perishable food
Flashlights and fresh batteries (lights plus backup batteries)
Nylon rope (polypropylene) (500’)
Spare Ear Plugs
Tarps (5-10)
Leather palmed gloves
Fuel Electrical Generator Hand tools (ax, shovel, rake, etc.)
First Aid Kit
Duct tape
Plastic garbage bags –large yard size
Rain Suit
1 roll of CAUTION tape
Spare Safety Goggles
Rubber boots
Mosquito Repellant
Asphalt “cold patch”
Quick set concrete mix
Spare irrigation pipe and fittings
Chainsaw(s)
Leaf blower(s)
Extension cord (500’)
String of temporary lights
Rolls of Poly (5)
Scaffold and boards
Portable light on wheels
Spare chainsaw chains
Chainsaw bar oil

5 Day Action Plan:
Where potential for a hurricane landfall, or other natural emergency, is expected within a five (5) day period, or in the event the area is placed under a “HURRICANE WATCH,” the following shall occur:

The	CPS	shall	establish	communication	with	the	SEPC	regarding	the	presence	of	the storm/hurricane/emergency and review site specific actions to be undertaken by the Contractor.

The CPS shall monitor the storms progress at regular intervals via radio, television, computer/internet, or other means available.

The CPS shall communicate conditions and plans with their company’s Safety Team or Safety Manager as may be required to review the situation ahead of time.

The CPS shall continue to monitor the storm/hurricane/emergency for changes in the storm profile and/or projected course, and communicate these changes to the SEPC.

3 Day Action Plan:
Where potential for a storm/hurricane landfall, or other natural emergency, is expected within a five (5) day period or in the event the area is placed under a “HURRICANE WARNING,” preparations shall be made to: secure the jobsite; protect District landscape and hardscape assets; prepare for tie down actions and evacuation. In addition, the following shall occur:

The CPS shall establish communication with the SEPC regarding the potential emergency conditions and review site specific protocols required by the SEPC and by the Contractor.

The CPS shall notify the Company Safety Manager and/or supervisory personnel of the preparations of the jobsite shutdown and preparation to secure the site.

The SEPC will hold meetings with Contractor supervisory personnel and employees to discuss the proposed action plan.

Ensure all materials, tools, tool sheds, containers and small equipment are removed from low-lying areas and are protected from rising water and are tied down.

Ensure that all motorized equipment is securely parked in an elevated area so it will not be damaged from possible flooding and is tied down. Equipment parking areas will be approved by the SEPC after discussion with the CPS.

All Contractor-owned construction trailers, office trailers, tool trailers, sheds, etc., if any, on the Contractor’s jobsite shall be tied down securely according to City of Orlando Code.  If equipment cannot  be secured properly, it shall be removed from the jobsite.

Police the jobsite and storage yards to remove, or direct removal of, potential flying objects from the site or secure them with proper tie-downs.

Have all temporary port-o-lets pumped out, tied down or removed.
Have all trash dumpsters emptied or removed.
Top off all equipment with fuel in the event that fuel supply becomes short or service stations are inoperable following the storm/emergency. All equipment and all fuel cans should be filled to capacity.

All water containers should be filled with potable water to capacity.
All bag fertilizer or chemicals should be placed in the interior of a secure structure or removed from the site.

Board up all windows in field office (if applicable), or protect them with storm shutters.
Disconnect all field office (if applicable) electrical equipment (computers, copiers, etc.).
Take photos of your site prior to the storm/emergency to record site and landscape conditions.

Park trucks and other motorized equipment in an open area that will be easy to clear and near a major roadway, if possible, so after-storm access is easier.

All uninstalled landscape materials shall be secured in the best possible way considering the anticipated intensity of the upcoming storm event.

All ties, guys and other tree or plant material support systems shall be checked, tightened, secured or replaced to protect the landscape asset from the level of storm damage expected.

All drains, swales, inlets, outlets or other elements of the drainage system shall be checked to ensure that the stormwater structures and conveyance channels are free flowing.

1 Day Plan: (Hurricane is Eminent)
The CPS shall establish communication with the SEPC regarding the eminence of a storm/hurricane/emergency and review site specific protocols to be utilized by the SEPC and by the CPS. Communication options for post storm shall be established in the event of the loss of cellular or wired communication for the time period immediately following the storm event.

The CPS shall notify the Contractor’s Safety Manager and/or supervisory personnel of the preparations at the jobsite and potential for a project site lockdown. Discussion will entail whether and at what time a lockdown shall be mandated or if there is adequate safe and secure shelter from the storm. In the event of an evacuation, the Contractor’s employees shall be offered evacuation and encouraged to participate in an evacuation plan. Before any evacuation, the following shall be completed:

Remove any scaffolding.

Ensure that all small equipment is in the security of storage containers or secure building.

All small materials are placed in close proximity to storage containers.

All heavy equipment is parked surrounding the yard materials and storage containers to form a perimeter. Final inspection of the jobsite to secure any small items and to prevent flying debris shall be conducted by the SEPC at this point.

Ensure first aid kits are fully stocked.

Identify debris collection locations.

Place flashlight, fresh batteries, first aid kit and/or emergency kit in appropriate company vehicles. In the event of an evacuation, the Contractor’s trucks remaining on the jobsite shall be placed in a perimeter with the heavy equipment.

Generators shall be placed in a point of easy access for first retrieval.

Take photos and/or video of the secured jobsite, if possible.

Sandbag the doors of the field office (if applicable), if possible.

After the storm: (Post Hurricane)
Once the storm has passed, the jobsite shall be evaluated in partnership with the CPS and the SEPC for its safety.	The CPS shall organize available manpower to accomplish specific tasks based upon a

prioritization of such tasks provided by the SEPC. All site specific hazards will be noted and corrected within the skills, abilities and training of Contractor’s employees. Dangerous conditions for human occupancy may include, but are not limited to, unstable hard structures, presence of open or downed electrical lines, excessive water build-up/flooding, unsanitary conditions such as the presence of waste, threat of electrical hazards, presence of displaced wildlife, and so forth. The CPS shall communicate this with the SEPC to discuss plans for correction or elimination of unsafe conditions.

The SEPC in conjunction with the CPS and the Contractor’s supervisory personnel shall evaluate the earliest time for resuming work on the jobsite and shall implement plans to that effect. Assistance with clean-up of non-contracted projects or work areas, using Contractor’s heavy equipment, vehicles, and labor, will be negotiated based on the Pre-Approved Labor & Equipment Rate Schedules. It is the intent of the District to continue to provide the safest workplace and the highest level of efficiency in starting work following a storm.

The priorities will be:

Ensure that the public is safe and protected from unsafe conditions on the jobsite created by the storm;
Secure personal property;
Proceed to the jobsite with caution;
Ensure that site working conditions are safe;
Clear roadways and other access routes of hazards;
Identify and mark areas where dangerous conditions exist;
Secure damaged buildings;
Repair or make operable any equipment which can be used in the cleanup effort.
Photo-document the site prior to starting cleanup operations.

Due to the perishable nature of landscape material, every effort should be made to return the plant material to their original location and position. Contractor shall attempt to return uprooted trees or plants within forty-eight (48) hours.

Areas where hardscape, signs or other site amenities have been damaged should be cleared and made passable as quickly as possible.

Photo-document the worksite upon return, noting any significant changes, and communicate those changes with the SEPC.

Photo-document any and all damage to the landscape and hardscape areas.

Assess all repairs and losses within seven (7) days after the storm has passed, with follow-up assessments to occur sixty (60) days and six (6) months thereafter.

S ECTION X

This item will be provided under sepa rat e cover

SEC TION XI

S ECTt·o	-C

S ECTION 1

Poinciana West
Community Development District
Summary of  Check Register

July 1, 2019 to September 11, 2019

I	Fund	Date	CheckNo.'s	Amount	
General Fund	7/18/19	1580-1585	$	15,901.89	
		7/23/19	1586	$	744.50	
		7/30/19	1587	$	2,500.00	
		8/6/19	1588-1589	$	5,871.16	
		8/12/19	1590	$	5,327.85	
		8/13/19	1591	$	14,276.45	
		8/20/19	1592-1594	$	9,656.54	
		8/26/19	1595	$	295.00	
		9/4/19	1596-1597	$	14,291.16	
		9/9/19	1598	$	5,168.06	
		9/10/19	1599-1600	$	3,632.00	
		9/11/19	1601	$	413.14	
				$	78,077.75	
Payroll		July 2019
Charles Case ill	
50058	
$	184.70	
		Peggy Gregory	50059	$	184.70	
		RoyLaRue	50060	$	184.70	
		Shirley Bzdewka	50061	$	184.70	
				$	738.80	
				$	,s,s16.ss 1	

1

I
AP300R	!	YEAR-TO-DATE  ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/11/19
*** CHECK DATES 07/11/2019 - 09/1:1/2019 ***	POINCIANA WEST - GENERAL FUND
:	BANK A GENERAL FUND

PAGE	1

CHECK  VEND#  •••••INVOICE•••• J...EXPENSED TO...	VENDOR NAME	STATUS DATE	DATE	INVOICE T' YRMO DPT ACCT# SUB SUBCLASS
7/18/19 00022	6/26/19 346064	201906 310-51300-32200	*
FY18 AUDIT SERVICES

AMOUNT	•••.CHECK•••••
AMOUNT	#
3,415.00

7/18/19 00005

BERGER TOOMBS ELAM GAINES & FRANK
7/15/19 1007414	201907 320-53800-47100
MOSQUITO MGMT SERV JUL19

- -  - - -  - -  -  -  -  -3-,4-15-.00-
*	1,983.33

001580

7/18/19 00020

7/18/19 00007

7/18/19 00016

CLARKE ENVIRONMENTAL MOSQUITO
7/15/19 4385	201907 320-53800-47000
AQUATIC! MAINT. SRVC JUL19
CLARKE AQUATIC SERVICES, INC
7/01/19 4024-R	201907 320-53800-46200 LAWN MAINTENANCE JUL19
:I	FLORALAWN 2, LLC
7/03/19 21396641· 201905 310-51300-31100
INTERI IENG. SRVCS-JUN19

- - - - - -  - - -  -  -1-,9-83-.3-3 001581
*	4,750.00
- - - -  -  -  -  - - -  -4-,75-0-.0-0 001582
*	4,691.16
- - -  -  -  -  - - - - -4,-69-1.-16- 001583
*	341.40

- - - - - - - -

1 -  -  -  -  -  -  -  -  - -G-AI-CO-NS-UL-TANTS, INC

-  - - -  -  - - -  -  -  -  -3-41-.4-0 001584

7/18/19 00010

7/23/19 00002

6/28/19 L060GOI:x! 201906 310-51300-48000 PUB.H,1 . 07/17-lST PRINT

7/05/19 L060GOI.

201907	310-51300-48000

PUB.HE	• 07/17-2ND PRINT
.	THE LEDGER
-771;;i9-1 8;5 !'ioi9 6-3io:5i3 o:3i5 o-- - - - - - - - - - - - - - - - -
GEN.COUNSEL/MTHLY MTG JUN

*	360.50
*	360.50
- - - -  - - - -  - - -  -72-1.-00-
*	744.50

001585

7/30/19 00029

- -.,,'-  -  - - - - - - -  -HOPP- I-NG- GR- E-EN-&   SAMS - - -  - - - -

-

7/30/19 1336	l 201907 320-53800-48100

-  -  -  -  -  -  - - - - - -7-44-.5-0 001586
*	2,500.00

50% MOBI'i..DEP-EROSION RPR

LAKE & WETLAND MANAGEMENT ORLANDO

2,500.00 001587

8/06/19 00007

8/06/19 00016

-87oiti9-4i1i-	lioi9 8-3io:5i8 0:4;2 0-- - - -	- - - - - - - - -
LAWN MA·INTENANCE AUG19
FLORALAWN 2, LLC
7/30/19 2140792 201907 310-51300-31100
INTERIM· ENG. SRVCS-JUL19

- - - - - - - - - - - - - - -
*	4,691.16
- -  -  - - - -  -  -  -  -4,-69-1.-16- 001588
*	1,180.00

8/12/19 00001

GAI CONSULTANTS, INC
8/01/1947	201908 310-51300-34000
MANAGEMENT FEES-AUG19 8/01/1947	201908 310-51300-35200
INFORMArION TECH-AUG19

-  - - - - - - - - - -1-,1-80-.00-
*	3,750.00
*	125.00

001589

POIW POIN WEST CDD TVISCARRA

AP300R
*** CHECK DATES 07/11/2019 -

.	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/11/19 09/i  /2019 ***	POINCIANA WEST - GENERAL FUND
BANK A GENERAL FUND

PAGE	2

CHECK  VEND# .••••INVOICE•.••.•••EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

STATUS	AMOUNT

•••.CHECK•...• AMOUNT	#

8/01/1947	201908 310-51300-31300
DISSEMINATION FEE-AUG19 8/01/1947	201908 310-51300-51000
OFFICE SUPPLIES
8/01/19 47	i 201908 310-51300-42000 POSTAGE:
8/01/1947	201908 310-51300-42500
COPIES
8/01/1948	201908 320-53800-12000

*	416.67
*	18.46
*	42.04
*	142.35
*	833.33

FIELD M.,:AN       AGEMENT-AUG19

8/13/19 00023

I	GOVERNMENTAL MANAGEMENT SERVICES-CF
8/07/19 465167li201908 300-13100-10200 PROP.	PRAISER FEE
8/07/19 4651671	201908 310-51300-49100

-	- -  -  - - - - - -5,-32-7.-85-

-

*	11,177.52

-

*	3,098.93

001590

8/20/19	00005	-	

8/20/19	
00020		

8/20/19	
00002		

8/26/19	
00016	
-	

9/04/19	
00025		

9/04/19	
00007		

8/15/19_1;:;:;lA,

;::;::3;:;53800:47: : =O :Y_P O:E T=	p: I E	*

-  - - - -		- - - -  -14-,27-6.-45- 001591 1,983.33

MOSQUI	MGMT SERV AUG19
- - -  - - - -  -	- -  -  -  -  -  -  - - -CLAR-KE- E-NVIR-ON-MENTAL M-OSQUITO- - - - -

-  - - -	-

-	1-,9-83.-33-

001592

-	-	- - -	-

- -	- -	-

8/15/19 4652	'. 201908 320-53800-47000
AQUATICJ MAINT. SRVC AUG19

*	4,750.00

- - - - - - - -

I  - - -  -  - - - - -  -C-LAR-KE- -AQU-AT-IC- SERVICES, INC

-  - - -  - - - - - -  -4,-75-0.-00-

001593

8/20/19 109283 ; 201907 310-51300-31500

*	2,923.21

GEN.COUrSEL/MTHLY MTG JUL
ii'
1

HOPPING GREEN & SAMS

- - - -  -  -  -  - - -  -2-,92-3.-21- 001594

8/2 /1-9

21411i3 io19o8-310:51300:31100-- - - - - - - -

*	295.00

INTERIM ENG. SRVCS-AUG19

GAI CONSULTANTS, INC

- - - -  -  -  -  - - - - -29-5.-00- 001595

7/02/19 19-0685 , 201906 320-53800-48100
MOBILIZE/POND SKIMMER RPR

*	9,600.00

ALL TERRAIN TRACTOR SERVICE, INC.
9/01/19 4212	201909 320-53800-46200
LAWN MAINTENANCE SEP19

-  -  -  -  - - - - - - -9,-60-0.-00-
*	4,691.16

001596

- - _-,

,, - - - - - - - -

FLORALAWN 2, LLC

- - - - - - - -

-  4,-69-1.16- 001597

9/09/19 00001

9/01/1949	201909 310-51300-34000
MANAGEMENT FEES-SEP19 9/01/1949	201909 310-51300-35200
INFORMAf'ION TECH-SEP19

-	-	-
*	3,750.00
*	125.00

POIW POIN WEST CDD TVISCARRA

;I 'i'
i.

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/11/19
*** CHECK DATES 07/11/2019 - 09/11/2019 ***	POINCIANA WEST - GENERAL FUND
BANK A GENERAL FUND

PAGE	3

CHECK  VEND# ....•INVOICE...••.••EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

STATUS	AMOUNT		..•.CHECK•••.• AMOUNT	#

9/01/19 49	,j 201909 310-51300-31300 DISSEMINATION FEE-SEP19
9/01/1949	201909 310-51300-51000
OFFICE SUPPLIES
9/01/1949	201909 310-51300-42000
POSTAGJ:;J
9/01/19 49	" 20 1909 310-51300-42500
COPIEs·t
9/01/1950	201909 320-53800-12000

*	416.67
*	.51
*	a.so
*	34.05
*	833.33

FIELD

f AGEMENT-SEP19

GOVERNMENTAL MANAGEMENT SERVICES-CF

5,168.06 001598

9/10/19 00002

9/10/19 00030

-9/17/18-102657 ].'; 201808-		300=13100=10000-- - - - - - - - - - - - - - - - 10/25/18 l	c ::	5;u 56	3f t10000
PROJEC CONSTRUCTION SEPT 12/21/18 104464	• 20 1811 300-13100-10000
PROJECT,CONSTRUCTION NOV.
,	HOPPING GREEN & SAMS
-9/10/19-0;10201 201909-310=51300=11000-- - - - - - - - - - - - - - - - - REPLC C K#50058 MTG.07/19
9/10/19 0910201 201909 310-51300-11000

- - - - - - - - - - - - - - -
*	2,890.50
*	245.00
*	496.50
-  -  -  -  -  - - -  -  - -3-,6-32-.0-0 001599
*	184.70
V	184.70-

REPLC 1:iK#50058 MTG.07/19

CHARLES W. CASE III

.oo 001600

9/11/19 00013

-  -  - - - - - --	- - - - - - - - - - - - - - - - - - -
9/11/19 0911201 201909 300-20700-10000
FY19 DS ASSESS (APPR FEE)

*	413.14

POINCIANA WEST CDD C/0 USBANK	413.14 001601

TOTAL FOR BANK A TOTAL FOR REGISTER

78,077.75
78,077.75

POIW POIN WEST CDD TVISCARRA

Berger, Toombs, Elam, Gaines & Frank
Certified Public Accounlanb	PL
600 Crtrus Avenue
Suite 200
Fort Pierce, Florida 34950
772/461-6120 // 461-1155
FAX: 772/468-9278

©	ml
J1l1	JUL O 21fil9	lliJ
BY: 	_

POINCIANA WEST COMMUNIT'Y DEVELOPMENT DISTRICT
1412 S. NARC0OSSEERD ST. CLOUD, FL 34771

Invoice No.	346064	
Date	06/26/2019	
Client No.	20897	

Services rendered in connection withthe audit of the Basic Financial Statements as of and for the year ended September 30,-2018.

Tot.al Invoice Amount	$	3,415.00

B" .

Please enter cliimt  mnnber on your check.
Finance charses are calculated on balances o,,er 30 days old at an annual percentage raie of 1

Member AICPA

Fort Pierce / Stuart

Member AICPA Olvision For CPA Arms Private Companies Practice Section

Member FICPA

Customer#:	P07800 Customer PO #:	NA

B

INVOICE

Page: 1(1)
www.darke.ocm TOU.-FREE: 800-323-5727 PHONE: 6:l0-a94-2000
:	•  -           •  .-.             •        •           ••   I   a            •••     • •       •	••

Invoice#: 001007414
Invoice Date: 07/15/19
Terms: Net 30 Days
Due Date: 08/14/19

I	Poinciana West Community Dev. Dist.
L	9145 Narcoossee Road
L	SuiteA206

T

Orlando, FL 32827-5768
0	George Flint	BY=-------------

Agreement no  1000002502	Consultant Pete Deglomine - Salesman Description		Total

CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT SERVICE

W9's can be found on our website at www.clar1ce . com
Service for July 2019

- --

Ito\;>
/1c; tv 11.	v J1,,..\\i
\ -'3a6-S -Y.7\

	 1,983.33

-

We ac;oeptACH Payi,,,a"21-

1,983.33

Clarice Environmental Mosquito Management, Inc. is a Clarke Company
Clarke will charge applicable sales taxes unless a valid exemption certificate Is Emailed to: accountsreceivable@clarke.com or faxed to: 630-672-7439

PHONE: B;,D-894-2000
A. Ema!: accountarea,lvabl

INVOICE

Page:  1(1)
www.da11le.com
TQU..FREE: 800-323-5727

Customer#:	088096
Customer PO #:
B

Invoice#: 000004385
Invoice Date: 07/15/19
Terms: Net 30 Days
Due Date: 08/14/19

I	Poinciana West Community Dev. Dist.
L	9145 Narcoossee Rd.
L	SuiteA206
Orlando, FL 32827-5768
T
0	George Flint	BY:

Agreement no 1000002499	Consultant Pete Deglomine - Salesman Description		Total

CLARKE AQUATIC MAINTENANCE SERVICES

W9's can be found on our website at www.clarke.com
Service for July 2019

tt o
AV"-G(;t-,·c.. "1cu,\;t .	we.. Ji.ul<\
t-3d0-$3°3" -47

Order total	4,750.00

- - ,·-	-	.	---
Clarke Aquatic Services, Inc. is a Clarke Company

L--- - - - - - - - - - -

·_w_.a_cce._pt ACH P@_ ) :._. ._._ _.- _  · _

_ _ _

_ _ _

_     _    _ _4,_7_5_o.oo 	,

Clarke wlll charge applicable sales taxes unless a valid exemption certificate Is Emailed to: accountsreceivabfe@clance.com or faxed to: 63().672-7439

*

floralawn 2, LLC
Premier Lawn & Pest
P.O. Box 91597

Poinciana West Commim,ity Development Dist c/o Governmental Management Services Cartial Florida. U.C
1412 S Narcoossee Rd
St. Cloud, Fl 34771

BIIITo

Lakeland, FL 33804

Invoice

Date	Invoice#	
7/1/2019	4024-R	

BY	=

	P.O. No.	Terms	Project	
		
Due Oil receipt		
Quantrty	Description	Rate	Amount	
1	Monthly Lawn Maintciwicc per original conlract • November 2016 - Poin<:iana West
CDD
Billingfor July 2019

'.J:-7
(-'3iv -'f) -4G
w;µ..,.,(I f-14..Jvt(.;/l.U/\ Jc...U1

"  ""wpot'if''	--.	4,69l.16

-	------	4,691.16

-	--.	.	
I
I			
Thank you for your business.	Total	54,691.16	
Corporate Office	Solivlta Fax	E-mail	Web Site		
(863) 668-0494	(863) 225-9565	iDfo@floralawn.com	www.flomlawn.com		

fr-;-·

Ii	INVOICE

Orlando
618 E. South Street. Suite 700
Orlando, FL 32801

T 407.423.8398
F 407.843.1070

gai consultants

George Flint
Governmental Management Services 9145 Narcoossee Rd Ste A206 Orlando, FL 32827

B=Y - ----- --·- -- - -

July 3, 2.019
Project No:
Invoice No:

A171207.00
2139664

Project	A171207.00	Poinciana West C.Ommunity Development District Engineering Services
!	n,•splC!!..!"!NP lV.!!".!  1!	 -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -  -
Task	003	2019 General Support
ProfesSional Personnel

Engineering Director/Senior Director

Hours	Rate

Amount

Leo, Kathleen

Totals
Total Labor

1.00
1.00

295.00

295.00
295.00

295.00

Reimbursable Expenses
Gas Expense & Mileage
Total Reimbursables
Billing Limits
Total Billings Limit Remaining

Cun-ent
341.40

1.0 times Prior
4,649.06

46.40
46.40
To-Date
4,990.46
20,000.00
15,009.54

46.40

Total this Task

Total this Invoice

$341.40

$341.40

Outstanding Invoicies
Number
2135249
Total

Date
2/28/2019

Balancie
961.56
961.56

W(6
l -1lC.. • 5rJ ·'3I\·
lri,tt.<{11.'1. E:'n-3. Srvc..s- Wll'

_.,...

.	·-      _....   .;..,,,;iii!iiiii-	--.-,	. - - ·-· 

gaiconsultants.com

Project	A1712.07.00	Poinciana West Community Development Dis	Invoice	2139664

Billing Backup
GAi Consultants, Inc.	Invoice 2139664 Dated 7/3/2019

Wednesday, July 3, 2019
11:46:09 AM

---------------------------------------- ----

Project	Al71207.00		Poinciana West Community Development District Engineering services Task	003	2019 General Support
Professional Personnel

Engineering Director/Senior Director
04136		Leo, Kathleen	5/2.0/2019 provide drawings to GMS for files
Totals
Total Labor

Hours

1.00

1.00

Rate

295.00

Amount

295.00

295.00

295.00

Reimbursable Expenses
Gas Expense & Mileage
EX  0085665	5/7/2019	Leo, Kathleen/ to PWCDD
Total Reimbursables	1.0times
Total this Task Total this Project Tot.al this Report

46.40
46.40	46.40
$341.40

$341,40

$341.40

== .	- --;	·-7:i=!: =- -

gaiconsultants.com
Page 2

11 :40:44 AM

Detailed Expense Report	Wednesday, July 3, 2019
GAi Consultants, Inc.

Employee Signed

Approved

Urie  Date	Category	Description	Project	Task	Sub

Profit Center

04136	Leo, Kathleen

Electronically by: Leo,Kathleen 6/7/2019 8:14:52 AM

Electronically by: Nettuno, Gregory T 6/10/2019 2:11:10 PM

G:l:SC:00:000

■■

Task

Posted

Expense Report:	Period Ending 6.17'/19	Report Date:	6/7/2019

Bill	Account	Amount

-

 	-

1	6/S1is20□11i00 7    --

L=   ""iiii iii iii i" """T,;i1iF=NciMii2as..110>1 010«_0>_  _  _	LDJ765.oo

Business Reason: airport
2	5/9/2019 --

Business Reason:

Community Non-Project
Each Person:•

Community Non-Project
Each Person: Mise

0	765.00

Business Reason·

 	-

-33	4li30/S22M019C   l ■--   ■L=	•   •   ii  ii  1   ININIFCM28.10 010	0	765.00

lnduS1rial Advisory Boan!

4	4124/2019   • Mileage	I	A171339.00   999	n1:I · sss.oo

-

 	-

Business Reason: Meeting
5	5/1/2019	• Mileage

Travel From/To:

A181174.00 999

Travel: 40.00 mi @ 0.580
@	553.00

Business Reason: to Celebraion	Travel Fromrro·.	Travel: 44.00 mi @ 0.580

 	-

6	51712019	• MIieage	to PWCDD	A171207.00   003	001	(XI	553.00	46.40
Poinciana West Community Development Dis

-

Business Reason: to COD mtg	Travel From/To: offlca/Solivita	Travel: 80.00 mi @ 0.580

tel-

7	5/15/2019   • Mileage	A171208.00 004	001
••.,..,.,,     _aµs;_ "- . ......,_,.,;;;iiiil!iiliiijiili.,.,...•. Oist-mn- 	,._.

00	553.00

-..,.,..., ·- - - ,......- • !!iii- ""·- -- ----- -- -

Business Reason. ti

-

8	6/6/2019	• MIieage

_Bu siness Reason:
9	5/9/2019 · Tel ephonellnte

Business Reason:
■-
Business Reason:

Travel From/To: BOH A181092.03 999
Travel From!To: INFCM28.10 010
Community  Non-ProJect

Community Non-Project

Travel: 80.00 mi @ o.580

--

00	553.00
Travel: 40.00 mi @ 0 .580
□	745.00	D
□	778.00

Detailed Expense Report
GAi Consultants, Inc.

Wednesday, July 3, 2019
11:40 :44 AM

Employee

Signed

04136	Leo, Kathleen

Electronically by: Leo,Kathleen &ll/2019 8:14:52 AM

Posted

Approved	Electrontcalty by: Nettuno, Gregory T 6/1012019 2:11:10 PM

Profit Center
Expense Report:

G:l:SC:00:000
Period Ending 6/7/19	Report Date:	6/7/2019

Une  Date	Category	Description	Project	Task	Sub
Task

Bill	Account	Amount

Total Expenses	-
Amount Advanced
Total Due	---------- 	==-

 	

THE LEDGER
LEGAL ADVERTISING
FEDERAL ID # 47 2464860		1Nl(OiCE NUMBER
L0GOGOIXFO

LAKELAND LEDGER PUBLISHING
PO BOX913004 ORLANDO, FL 32891	
			
STACIE
POINCIANA WEST COD
135 W CENTRAL BLVD STE 320
ORLANDO, FL 32801			

RECEIVED

JUL O 8 2019
BY; 	
1t lO
\	e, -SP:1-'{)5
R...b. - o,(r-r - Is pri11,-\-

....,.,....

- 	· _,.

.. i! '

-

-·- -

"'I.I- o-z/n - .2.,,( r' rti-iA·-

- ,:.-

. .

- -

------ - 

BILLED ACCOUNT NUMBER:

758309

TOTAL AMOUNT DUE

$721.00

PLEASE RETURN THIS INVOICE ALONG WTH YOUR REMITTANCE

DATE	NEWSPAPER
REFERENCE	
Description	
Size	
PAID	
NET AMOUNT	

'-1§'128/2019	

L060GOIXFO	

FIRST PRINT	

1 X75		

$	360.50	
.;;y'/5/2019	L060GOIXFO	SECOND PRINT	1 X75		$	360.50	
		
ADOPTION OF BUDGETS				

THE LEDGl;R, LEGAi,. ADVERTISING_ , PO BQX 408, LAKELAND, FL 33801

I •

   NEws CHIEF	1
,<
LAKELAND, Fl • WINTER HAVEN. FL

BIWNG RIOD

PE

•

•

2	ADVERTISER /CLIENT NAME

I

t	11 
NET	5	AYS
m

lEL:(866)470-7133 • FAX:(863)802·7825
FEDERAL ID#:47-2464860	21
ADVERTISING INVOICE and STATEMENT

22	30DAYS

60DAYS

OVER900AYS
.oo

24 INVOICE NUMBER	4    PAGE#	6	BILLING OA'TE	7 ADVERTISER/CUffiTNUMBER

-

 	1029198	1	06/30/19		 	

8	8 - 205

STACIE VANDERBILT
POINCIANA WEST COD
135 W CENTRAL BLVD STE 320
ORLANDO FL	32801-2435
1.. 11111'1Inm,,,,1,, 1 111,,1111111IIIII111•111111•1III11•ii11•1

! 9	REMITVINCEADDRESS
THE LEDGER / NEWS CHIEF
P.O. BOX 913004 ORLANDO,  FL 32891-3004

2101□29198 □000036	□498

10 DATE

20 NETAMOUNT

6/28

/02

v-

L060GOIXFO

LEGAL LINE AD

BALANCE FORWARD POINCIANA WEST COMMU

-.01
360.50

LKL/FULL,LNET/FULL
0001 L060GOIXFO
Stacie

NITY DEVELOPMENT DIS

notice

IRllE©	W
JUL 11 WJ.9
GMS-CF1, tLU;

l

•'

- - - -

- -

..;:'-"---

-

-

· ·

.......

WE APPRECIATE ' OUR CONTINUED BUSINESS. CONT

REP DIRECTLY Ri GARDING AD BILLING DI SCREPANC

STATEMENT OF ACCOUNT	AGING OFPASTDUE ACCOUNTS

sar-

'--

360.50

T

- - --- · -

1

CT YOUR ACI
IES.

·-

lx75L

19 GROSSAMOUNT

TIMJ=] UN

17
11

ti BUE-D1wrr5

11 SAUSIZE

t2IUIM DESCRIPTION· OTHER COMMENTS/CHARGES

11 NEWSPAPER REFERBICE

PLEASE DETACH AND AE1\JRN UPPER POR110N WITH YOUR REMITTANCE

21 CllRRENTNETAMOUNTDUE 22	30DAYS	60DAYS	OVER90DAYS	*UNAPPLIEDAMOLINT	23	TOTALAMOUNTDUE	
360.49	.oo	.00		.00	360.49	

                                     Questions on this Invoiee call:
Tel: (866) 470-7133•   Fu:   (863) 802-7825

24 INVOICE NUMBER	25						
	1	6	
1029198	06/03/19 - 06130/19	I 758309	I	1Pa I NCI ANA WEST coo	

I,,. ---

AFFIDAVIT OF PUBLICATION THE LEDGER
Lakeland, Polk County, Florida
STATE OF FLORIDA) COUNTY OF POLK)
Before the undersigned authority personally appeared Brandy Arnett who on oath says that she is  an  Account  Executive  for Advertising at The Ledger, a  daily ne aper published at Lakeland in Polk County, Florida; that the attached copy of advertisement, being a

PUBLIC NOTICE

In the matter of POINCIANA WEST CDD Concerning ADOPTION OF BUDGETS was published in said newspaper in the issues of
6-28, 7-S; 2019

Affiant further says that said The Ledger is a newspaper published at Lakeland, in said Polk County, Florida, and that the said newspaper has hereto been continuously published in said Polle County, Florida, daily, and has been entered as second class matter at the post office in Lakeland, in said Polk County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affi.ant further says that she has neither paid nor promised any person, fum or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

··· ···· ···		· ·

Hopping Green & Sams
Allameys and Counselors
119 S.Monroe Street, Sle. 300
P.O. Box e526
Tallahassee, FL32314
650.222.7500
=--=---n--=--= --se---------=---- STATEMENT-----==-==	=-==--
July 19, 2019

Poinciana West Community Development District

George Flint, District Manager Governmental Management Services 1408 Hamlin Avenue, Unit E
St. Cloud, FL 34771

General Counsel/Monthly Meeting
PWCDD	00001	MCE	r:
FOR PROFESSIONAL SERVICES RENDERED
06/04/19	MCE	Review outstanding issues; research conflict issue.

Bill Number 108650
BIiied through 06/30/2019
#::;>
1-3,lo •S l1· ?.il'S
Cbto.c.	,  { n	Mt3 Jt.tn

0.20 hrs

06/05/19	MCE

06/05/19	APA

06/11/19	SRS

06/11/19	APA

06/17/19	SRS

06/17/19	APA

Confer with Carpenter.
Prepare revised All Terrain agreement regarding updated proposal.

Prepare revised All Terrain agreement regarding pond bank repairs; research
status of same.

Finalize lake bank repair agreement; follow•up regarding statewide mutual aid agreement.

Prepare agreement with Lake & Wetland Management regarding dredgesox erosion repair installation.

Finalize lake repair agreement with All Terrain; prepare lake erosion repair
agreement with Lake & Wetland Management-Orlando, Inc.

0.20 hrs

0.80 hrs

0.40 hrs

1.20 hrs

0.50 hrs

1.20 hrs

Total fees for this matter	$744.50

_,,..,... ..-	,.-- .	.	-·   .   .            -

__.,

, -

,.. - -·--."!!!lii@l!iiiiii;,;,·.,.,,	·- ---·

MATTER SUMMARY

- --·

· ·	Papp, :Annie M. - Paralegal		3.20 hrs	125 /hr	$400.00	
	Eckert, Michael C.		0.40 hrs	310 /hr	$124.00	
	Sandy, Sarah R.		0.90 hrs	245 /hr	$220,50	
		TOTAL FEES			$744.50	

TOTAL atARGES FOR THIS MATTER

BIWNG SUMMARY

$744.50

Papp, Annie M. - Paralegal	3.20 hrs	125 /hr	$400.00	
Eckert, Michael C.	0.40 hrs	310 /hr	$124.00	

Polndana West COD - General C	8111 No. 108650	Page l

Sandy, Sarah R.

TOTAL FEES

0.90 hrs	245 /hr	$220.50

$744.50

TOTAL CHARGES FOR THIS BILL	$744.50

Please Include the bill number on vour check.

Lake & Wetland Management Orlando Inc
5301 N. Federal Highway, Suite 204

Poincian West CDD 135 W. Central Blvd Ste 320
Orlando, FL. 32801

Boca Raton, FL 33487

Bill To

Invoice

Date	Invoice#	
7/30/2019	1336	

lID	JIW lffi
ffi1	.JUL 3 O WlS	Jill
BY: 	_

	Account#	Tenns	
	
Ix	
Due on receipt	
Quantity	Description		Amount	
	SO% Mobilization Deposit

Dredgesox Repair for (2) Mitered Ends:

**Repair Approximately 50 linear fuet ofleke bank
.. Prep areas of trash/ debris for Dredgesox
••Fill Dredgesox with organic media dredged from the lake
••Material consist of the following: Dredgesox, Wooden Stakes, Anchor rope and will import & coarse sand.
"*Includes sod installation

A' q
l-3ac.-55'8 -((. \
5 -1.. Mo\>. - tl't>::,iQ(\ ("	2,500.00	2,500.00	

Thank you for your business.
For billing questions, please contact(561) 303-1013. For service questions, please contact (407) 985-4263.	Total	$2,500.00	
	Payments/Credits	$0.00	
	Balance Due	
$2,500.00	

J

floralawn 2, LLC
Premier Lawn & Pest	B
P.O. ox 91597

Poinciana West Community Dcvclo].)mfflt Dist
c/o Govmnnental Man98emont Services
Central Florida, LLC 1412 S NarcoosseeRd St. Cloud, Fl 34771

BiUTo

Lakeland, FL 33804

Invoice

Date	Invoice #	
8/1/2019	4117	

r

	P.O.No.	Terms	Project	
		
Due on receipt		
Quantity	Description	Rate	Amount	
1	Monthly Lawn Maintenance per original contrnct- November 2016 - Poinciana West
CDD
Billing for August 2019

1-"'/d.  ,	·'-l6a.
L:»...in. 11.clif\.\ CU\<-L	\'\

--	4,691.16	4,691.16

-	
ThBllk you for your business.	Total	$4,691.16	
Corporate Office	Sollvlta Fax	E-mail	Web Site		
{863) 668.0494	(S63) 22:5-9S6S	info@floralawn.com	www.floralawn.com		

tj

ga1 consultants

INVOICE

Orlando
618 E. South Street, Suite 700
Orlando, FL 32801

T 407.423.8398
F 407.843.1070

George Flint
Governmental Management Services 9145 Narcoossee Rd ste A206 Orlando, FL 32827

July 30, 2019

Project No:

Invoice No:

A171207.00 2140792

Project	A171207.00	Poinciana West Community Development Disb"ict Engineering Services
!rotl!!5.!!l!!!IL5!.r:vi[h,t0 !llJ!1t.2J. J9	
Task	003	2019 General Support
l)rofessional Personnel

Engineering Director/Senior Director
Leo, Kathleen
Totals
Total Labor
Billing Limits
Total Billings Limit· Remaining

Hours	Rate	Amount

4.00	295.00	1,180.00
4.00	1,180.00

Current	Prior	To-Date
1,180.00	4,990.46	6,170.46
20,000.00
13,829.54

1,180.00

Total this Task	$1,180.00

Outstanding Invoices
Number

Date	Balance

Total this Invoice	$1,180.00

,6

2135249
Total

2/28/2019	961.56	1-310 s13-3\\
961,56

- --

·-- .- ,, --

---	..-.,	,_.  - 	. ...,.   ,_    iiiiiliiiiiiim·.._.;. -- -  ----   -

In-\e.ri "1	-	S'C'\lc_s - ju.\l'l

gaiconsultants.c:om

Project	A171207.00	Poinciana West Community Development Dis	Invoice	2140792

Billing Backup
GAi Consultants, Inc,	Invoice 2140792 Dated 7/30/2019

Tuesday, July 30, 2019
2:27:25 PM

----------------------------------- ---------

Project	Al71207.00		Poinciana West Community Development District Engineering Services Task	003	2019 General Support
Professional Personnel

Engineering Director/Senior Director

Hours

Rate

Amount

04136	Leo, Kathleen	7/17/2019 Meeting

4.00

295.00	1,180.00

Totals

4.00

1,180.00

Total Labor		1,180.00	
	
Total this Task	
$1,180.00	
	Total this Project	$1,180.00	
	Total this Report	$1,180.00	

              -	-	·- - • •: _.iii322

galconsultants.com
Page 2

.......

GMS-Central Florida, LLC
1001 Bradford Way
Kingston, TN 37763

. . . .

Invoice

Blll To:
Poinciana West CDD 135 West Central Blvd Sulte320
Orlando, FL 32801

Invoice#: 47 Invoice Date: 8/1/19
Due Date: 8/1119
Case:
P.O. Number:

Description	\	Hours/Qty	Rate	Amount

Management Fees  - August2019	o. \' · 14. Information Technology - August2019 "!,\O• 11·1 -z. Dissemination Agent Services - August 2019 w,'Sl1· 311.
Office SuppUes	Jl,(ll r \1 1 S\
Postage	310 -.S\3• '-\1.
Copies	'3l0•51J· '41.5		3,750.00	3,750.00	
		126.00	125.00	
		416.67	416.67	
		18.48	18.46	
		42.04	42.04	
		142.35	142.35	

.,...,	

Total	$4,494.52

. -.- ,···

:   \        ...   '. '   .	. . .	.· ....·. :,.·.·...
GMS Central Florida, LLC
1001 Bradford Way
Kingston, TN 37783

...... .. .....	:.. .   '  . .	. ....

Invoice

Bill To:
Poinciana West COD 1315 West Central Blvd Suite 320
Orlando, FL 32801

Invoice #: 48
Invoice Date: 8/1/19
Due Date: 8/1/19
Case:
P.O. Number:

Field Management -August 2019	'll.O •Sl& • 1'1			

	

Di;t cription	\	Hours/Qty	Rate	Amo11nt
Total	$833.33

PQlk County Property Appraiser
MARSHA FAUX PROPERTY APPRAISER
255 NWILSON AVE BARTOW FL 33830•3951 Phone: (863)534-4775

INVOICE: 46S1671	Page: 1 of 1

..·.·;f·	.. "*. 	·.
.	·-Cf-lP·:--
-  -	-	-a

-·  ·.... •····  ....:;....

1-,u10:: 

es--	-	bt.	·

-

·---:--    ---- ..:..  .-...-.. ···..  .. ... . . . .- ..·::.:..... .  .-..  ·.·.·1'··	/:- ·.·.F, 

;5;·2:_

1.00   I	oinciana  west  CDD   nt	111 Admln i&tr a ti ve . Pee.

3,098.9!00    I	····- 3,098.9_3

'l'()'rAI, DQIJ, I

S11l!TOTAL, !

·----,_·.;;-.;--

U,216 ,45

,
I

I

BY	- -- -------

. -

-·	-  ----- -	-	

send Payment To:

Detach and Return With Payment
Invoice: 4651671
Customer: 458
POINCIANA WEST CDD
210 N UNIVERSITY DR STE 702 CORAL SPRINGS FL 33071-7320

Polk county Property Appraiser MARSHA FAUX PROPERTY APPRAISER 2 55 N WILSON AVE
BARTOW FL 33830-3951

TOTAL DUE: $14,276.45
AMOUNT   PAID:  j=_'({"="1';l _1•_·$  	_

AR Emal: •

PHONE:  630-$94-2000
o(!/der1<8.com,
3139

INVOICE

Page: 1(1)
www.clarke.c:om
TOLL-FREE:   800-323-5727

Customer#:	P07800 Customer PO #:	NA
B

Invoice #: 001008361
Invoice Date: 08/15/19
Tenns: Net 30 Days

Due Date: 09/13/19

I	Poinciana West Community Dev. Dist.
L	9145 Narcoossee Road
L	SuiteA206
Orlando, FL 32827-5768
T
0	George Flint

8'!:_

Agreement no 1000002502	Consultant Pete Deglomine - Salesman Description		Total

CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT SERVICE

W9's can be found on our website at www.clarke.com Service for August 2019

if15
1- o -'o38-<-ti l

t1. <t<-V-\-o t-13""	A	lq

Orderto.tal	1,983.33

 	 	 	

Clarke Environmental Mosquito Management, Inc. is a Clarke Company
.-    We accept ACH PS)fflelMs  	_._	 	1_,9_8_3.33 	'
Clarke will charge applicable sales taxes unless a valid exemption certificate Is Emailed to: accountsrecelvable@clarke.com or faxed to: 630-672-7439

Helping make communities  around tha world more livable, safe and comfartabla.	a

INVOICE

Page:  1(1)
www.clam.com
TOUA'REE:
PHONE:	2000

Customer#:	088096
Customer PO #:
B

,. : U r., L"I •- J l• -_• - .i (' ,, "'- "

lnvoioe #". 000004652
Invoice Date: 08/15/19
Terms: Net 30 Days

Due Date: 09/13/19

com,
3139

I L L
t
(;)

Poinciana West Community Dev. Dist. 1408 Hamlin Avenue
Unit E
St. Cloud, FL 34771-8588

George Flint

i:;iv.
i...J ... ----------------

Agreement no 1000002499	Consultant Pete Deglomine - Salesman

Description	Total

CLARKE AQUATIC MAINTENANCE SERVICES

W9's can be found on our website at www.clarke.com
Service for August 2019

a.
\ • 3a o -lo'?>'i3 - "\,
i c. Mo.,fl.t.	SNc:.. 4	lC\

Older total	4,750.00

 	 	

-

We accept ACH Payment,s-

4,750.00

Clarke Aquatic Services, Inc. is a Clarke Company
Clarke will charge applicable sales taxes unless a valid exemption certificate is Emailed to: accountsreceivable@darke.com Qr faxed tQ: 630-672-7439

Helping make communities around the world mor9 livable, safe and comfortable.	a

1-iopping Green & Sams
Attomeys andC011nselors
119 S. Monroe Slreel, Ste. 300
P.O. Box 6526
Tallahassee. R.32314
850.222.7500

.tr

C:>&i.C 111'1 j f\.\-j J l
,- tu -s13. ,5

=m=•••• =-= ---==-- ------•------=- STATEMENT --=--=------------=•==	=-
August 20, 2019
Poinciana West Community Development District	Bill Number	109283	
George Flint, District Manager	BIiied through	07/31/2019	
Governmental Management Services		
1408 Hamlin Avenue, Unit E		
St. aoud, FL 34771		

General Counsel/Monthly Meeting
PWCOD	00001	MCE

:'...-

FOR PROFESSI ONAL SERVI CES RENDERED
07/11/19	APA	Follow-up with district regarding executed agreement with All Terrain.	0.20 hrs

07/12/19	MCE

07/12/19	MCE

07/12/19	SRS
07/12/19	APA
07/15/19	MCE

07/15/19	APA

07/17/19	MCE

07/17/19	MCE

"  -	-

07/23/19	APA

Follow-up with district regarding pending agenda items.	0.30 hrs

07/28/19	MCE

Prepare for board meeting.	0.40 hrs

Confer with Flint.	0.20 hrs

Review meeting minutes.	0.40 hrs

Prepare agenda memorandum.	0.60 hrs

Prepare for board meeting.	0.30 hrs

Analyze agenda package; prepare agenda memorandum and meeting	1.80 hrs
notebook; follow-up with district regarding pending Items.

Travel to board meeting; return travel.	2.00 hrs

Prepare for and attend board meeting; follow-up; research Amendment 12 and	3.90 hrs Chapter 112.

Research public records and exemptions.	0.10 hrs

Fellow-up from board meeting.	0.40 hrs

-- -- -- .,--

APA

07/29/19

...-. .:-.

_  ,r--   •-	-     ---=-  ·· -	.,...... . - -	-·---· - ---

07/31/19	MCE

Research new law regarding new definition of "home address" and property	0.10 hrs appraiser objections to confidential information In assessment rolls; prepare
memorandum to district manager regarding same.

Total fees for this matter	$2,736.00
DISBURSEMENTS
Travel	164.71	
Travel - Meals	22.50	
Total disbursements for this matter	$187.21	

Poinciana West COD - General C	Bill No. 109283
-------=----------=-------==----=----==-=---------- 

MATIER SUMMARY	Page 2
== =--===-==-=----z-=-=--=---------	
Papp, Annie M. - Paralegal		3.00 hrs	125 /hr	$375.00	
Eckert, Michael C.		7.30 hrs	310 /hr	$2,263.00	
sandy, Sarah R.		0.40 hrs	245 /ht	$98.00	
TOTAL FEES	$2,736.00	
TOTAL DISBURSEMENTS	$187.21	
TOTAL CHARGES FOR THIS MATTER	$2,923.21	
BILUNG SUMMARY					
Papp, Annie M. • Paralegal	3.00 hrs	125	/hr	$375.00	
Eckert, Michael C.	7.30 hrs	310	/hr	$2,263.00	
Sandy, Sarah R.	0.40 hrs	245	/hr	$98.00	
TOTAL FEES				$2,736.00	
TOTAL DISBURSEMENTS				$187.21	
TOTAL CHARGES FOR THIS BILL				$2,923.21	

Please include the bill number on your check.

-	--·

ga, consultants

Ii

INVOICE

Orlando
618 E. South Street, Suite 700
Orlando, FL 32801

T 407.423.8398
F  407.843.1070

George Flint
Governmental Management Services 9145 Narcoossee Rd Ste A206 Orlando, FL 32827

BY:-------------

August 26, 2019 Project No: Invoice No:

A171207.00 2141783

iq,_1!;  	

P.!roPje!cltl!Li!.l'Yi-SAl!lf71I.2b07!.P00lltl!!.¥ ¼?P·oinciana West Community Development District Engineering Services
Task	003	2019 General Support
Professional Personnel
Hours	Rate	Amount
Engineering Director/Senior Director
Leo, Kathleen	1.00	295.00	295.00
Totals	1.00	295.00
Total Labor	295.00
Billing Limits	Current	Prior	To-Date
Total Billings	295.00	6,170.46	6,465.46
Limit	20,000.00
Remaining	13,534.54

Total this Task

$295.00

Outstanding Invoices
Number

Date

Balance

Total this Invoice

-:tr l6
1-310--$\ - \\

$295.00

2135249
Total

2/28/2019

961.56
961.56

ln pl\ tt\j· S<vcs- A'-tj l

--!i!il!i... -·;·;;,e-· - ~---·---·

gaiconsultants.com

Project	A171207.00	Poinciana West Community Development Dis	Invoice	2141783

Billing Backup
GAI Consultants, Inc.	.In voice 2141783 Dated 8/26/2019

Monday, August 26, 2019
9:32:20AM

------------------- ------- -----------------

Project	Al71207.00		Poinciana West Community Development District Engineering Services Task	003	2019 General Support
Professional Penonnel
Hours	Rate	Amount
Engineering Director/Senior Director

04136	Leo, Kathleen	8/8/2019	.so	295.00	147.50
emails
04136	Leo, Kathleen	8/15/2019	.so	295.00	147.50
agenda prep
Totals	1.00	295.00
Total Labor
Total this Task Total this Project Total this Report

295.00

$295,00

$295.00

$295.00

.......,.,

-	- - --   !iiili!!!!liiiii-i!"i-!- - -   --- --= 3 .·.	

gaiconsultants.com
Page2

All Tmain Tractnr Service, Inc.
949 Shadfok Drive.
Qninge City, FL 32763

Bill To

Invoice

Date	Invoice#	
7!2"2019	19-0685	

AUG

G<)vemm,'lttal Manag ent ices• CF, l.L
9145 Nan:u,•s.see Rd SuiwA206
Orlando, Fl. 32827

i:t    ':)	l 3ao-<o3"8 - lt1!\

	P. O. No.	Terms	Project	
	fu::vised	8i'.F l9	Due on receipt	2019-1155	Sofivita ...	
Description	Qty	Rate	Amount	
Solivita • PWC'DD Plm<l Repairs l:bginecr.; Report Summary					
l/16'2019					
P,1inciana, FL 34759					
Supply l..al-or-, fquipm,;ot:. & f!llerinls tLl 11111.kc repair!! per r.:po11					
gh:en: PWCDD Enginuers Swnmury Repon Dat.:J l.'16·19.					
Mobmz:ition		

---	

-	l
I
t
J I I	2,50(1,    0()
1,025.00
1,025.00
7 50.00 l,6SO.OO
?.,t1S(J.OO	2,500.00
l,025.()0' 1,025.00
750.00

1,650.00
2.6so.ou	
Pi,nu 20 Skimmers n.:cd repail'!\							
Pond Minor damage to Skimmer							
Pan413 Minor damage to Skimm,;:r							
Pond 16							
Skimme'r Repair - 01..-nnis ro Take Pies							
Pond 2 Back Fill :iround 2 MES using Rip Rap & 57 St.1ne							
Skiin111er Repair							

/)							
	
-						
	Total	
$9,600.011	
	Payments/Credits	so.uo	
	Balance Due	
S9,i'iOU.00	

Motf,li.-u.{9or\J.. 5\., P-.r"'

------------

 ,...._ 	. --==

floralawn 2, LLC
Premier Lawn & Pest	O B
P..	ox 91597
Lakeland, FL 33804

Invoice

Date	Invoice #	
9/1/2019	4212	

Poinciana West Community Development Dist
c/o Gowmmental Management S ces
Centxal Florida, LLC
1408 Hamlin Avenue Unit E
St Cloud, Fl 34771

BIii To

i
I.

	P.0.No.	Terms	Project	
		
Due on receipt		
Quantity	Desaiption	Rate	Amount	
't

-	Mo.nth)y Lawn Maintenance per original contract - November :iO16·- Poin1siana West
COD	.

Billing for September 2019

'Jt7
t -3ao--- '1>·• '{G'J.
tt<ti..i u..	l't

	4,691.16	4,691.16

- - ..'-~··--	
Thank you for your business.	Total	$4,691.16	
Corporate Office	Solivita Fax	E-mail	Web Site		
(863) 668-0494	(863) 225-9565	info@tloralawn.com	www.iloralawn.com		

GMS-Central Florida, LLC
1001 Bradford Way
Kingston, TN 37763

Invoice

Bill To:
Poinciana West CDD 135 West Central Blvd Suite 320
Oriando, FL 32801

Invoice#:  49
Invoice Date: 9/1/19
Due Date: 9/1/19
Case:
P.O. Number:

Description

Hours/Qty	Rate	Amount 3,750.00		3,7 50.00

Management F.Ms - S.!]Wtember 2019	'311o>-:,r3.;y intol'ma t10D"i"  noiogy  .:  Se_ptember 2019		lO-  l1.·"., Dissemination Agent Services: tember 201,i	:,lc· ("3,il°') Off   ES	.	310•51'3,S
PostaQe	'311:.  '"1'!. I'{   "l
3,o -s,3,"1;i.s
Ir(

-   -	_ i/E_ . - .	

			

--.. ··· - =-· ...:._ .	

125.00	125.00
416.67	416.67
0.51	0.51
8.50	8.50
34.05	34.05

 	

Total	$4,334.73	
Payments/Credits	$0.00	
Balance Due	$4,334.73	

GMS-Central Florida, LLC
1001 Bradford Way
Kingston, TN 37763

Invoice

8111 To:
Poinciana West CDD 135 West Central BLvd SuHe320
Orlando, FL 32801

Invoice : 50
Invoice  Date: 9/1/19
Due Date: 9/1/19
Case:
P.0. Number:

field f11iinagement ,;.S,!!Ptember 2019

833.33

1- 0 5 -l;;).
\

-

-

833.33

Description	Hours/Qty	Rate	Amount

Total	$833.33	
Payments/Credits	$0.00	
B.alance Due	$833 .33	

Hopping Green & Sams
Alkxneys and Counselors
119 S.ManrDe Slrll&t, sta. S00
P.O. Bax115211
Tallahas9ae, FL 32314
B50222.7500

1<'G-w .,-: ·
1	SEP l 3 2818

Poinciana West Community Development District
George Flint, District Manager Governmental Management Services 1412 s.Narcmssee Rd
St. Cloud, FL 34771

September 17, 2018

bt J	f.J)-)
\ -':>e:o- \:>\--\

BIii Number 102657
Billed through 08/31/2018

Project Construction
PWCDD	00103	MCE
FOR PRnfFSSJ'!NAL SERVICES RENDERED

O.)(c.,, C.09'lS1RLlcT\o 5 (? l

08/10/18	MCE	Work on pond conveyance and maintenance Issues; prepare for meeting with
Leo, Good, Flint and Pila.
08/17/18	MCE	Prepare f'Dr, travel to an. dattend meeting with GAI, district manager and
Avatar; return travel.
08/22/18	MCE	Revise pond conveyance documents based on meeting with district manager,
district engineer and developer.

08/23/18	MKR	Review remaining conveyance Items.
08/24/18	MKR	Review stonnwater ponds dedication task 11st; prepare process checklist.
08/28/18	MKR	Review ownership and encumbrance report regarding stonnwater tract P·19A and P·19B.

1.20 hrs

3.80 hrs

1.40 hrs

0.40 hrs -

1.10 hrs
2.20 hrs

Total fees for this matb:!r	$2,890.50

MATTER SUMMARY

Eckert, Michael C.	6.40 hrs	310 /hr	$1,984.00	
Rigoni, Michelle K.	3.70 hrs	245 /hr	$906.50	

TOTAL CHARGES FOR THIS MATTER

BIWNG SUMMARY

$2,890.50

Eckert, Michael C.	6.40 hrs	310 /hr	$1,984.00	
Rigoni, Mlchelle K.	3.70 hrs	245 /hr	$905.50	

TOTAL FEES	$2,890.50

Poinciana West COD • Project C	BIii No. 102657	Page 2
TOTAL CHARGES FOR THIS BILL	$2,890.50

Please include the bill number on vour check.

- ·

Hopping Green & Sams
Attorneys and C<lunsetms
119 S. MOM!e Stree1, Ste. 300
P.O. Box6526
Tallahassee, A.32314
850.222.7500

,	:;o ;,
BY=-------------

=== ====a-;==: •============z === STATEMENT===== ====•== =====-==== =======

Poinciana West Community Development District		Bill Number	103492	
George Flint, District Manager		Billed through	10/31/2018	
Governmental Management Services
1412 s. Narcoossee Rd	lJ,_J)			

Project Construction				
PWCDD	00103	MCE				

October 25, 2018

St. Cloud, FL 34771

FOR PROFESSIONALSERVICES RENDERED
09/05/18	Ml<R	Prepare quit-claim deeds from Poinciana West CDD and Avatar to Poinciana CDD conveying lract P-1F (Phase 1-F Unit 1); prepare quit-claim deeds from Poinciana West COD and Avatar to Poinciana COD conveying tract P-1(Phase SI).

Total fees for this matter

1.00 hrs

$245.00

MATTER SUMMARY

Rigoni, Michelle K.	1.00 hrs

TOTAL FEES

TOTAL CHARGES  FOR THIS MATTER

245 /hr	$245.00

$245.00

$245.00

BIWNG SUMMARY

Rigoni, Michelle K.

1.00 hrs

245  /hr	$245.00

TOTAL FEES
TOTAL CHARGES FOR THIS BILL	$245,00

Please Include the bill number on vour check.

Hopping Green & Sams
Attomaya and Counselo11
119 S. Monroe Snet. Stu. 30D
P.O. Box 6526 TaDahassee, Fl32314
850.222.7500

BY: 	

----..--

===========•••==••=============== STATEMENT =====e =====• = ===•=========•=
December 21, 2018

Poinciana West Community Development District George Flint, District Manager
Governmental Management Services 1412 s.Narcoossee Rd
St. aoud, FL 34771

ProJ Construction
PWCOD	00103	MCE
FOR PROFESSIONAL SERVICES RENDERED

a	1-&>C>-l:>\-loei
PrCJj. C.e('l'5h\Ac.+;U\ 1'.JOV
,0

Bill Number 104464 Billed through 12/31/2018

11/16/18	MKR	Petform real property due diligence regarding pond conveyance.

11/26/18	MKR	Review status of pond due diligence; prepare memorandum regarding pond conveyance status.

11/29/18	MCE	Provide pond conveyance memorandum to board. 11/29/18	MKR	Anallze pond conveyance status memorandum.
Total fees for this matter

1.00 hrs

0.70 hrs

0.10 hrs

0.20 hrs

$496.50

MATTER SUMMARY

Eckert, Michael C.		0.10 hrs	310 /hr	$31.00	
Rigoni, Michelle K.		1,90 hrs	245 /hr	$465.50	
	TOTAL FEES			$496.50	

TOTAL CHARGES FOR THIS MA1TER

-:::.·.E!S,7   •.

.._.,   - ri   _       - -	-- - --- --

$496.50

TOTAL CHARGES FOR THIS BILL

-----

Eckert, Michael C.		0.10 hrs	310	/hr	$31.00	
Rigoni, Michelle K.		1.90 hrs	245	/hr	$465.50	
	TOTAL FEES				$496.50	

$496.50

Please include the bill number on your check.

CHECK REQUEST FORM

01sTR1cr/ASsoaAnoN:	Yh0Gi4-<'YJ	&1-<4	cwt3b	DATE:- 

'J/-,1,..,,.,./-4--c;-- -- --

PAYABLE TO: 	&:, :-<Zr

/. u	C E&H	2lT:

AMOUNT REQUESTED: _

_..'.l..1._...¢..:'...:..'Lt• Cc.....Z,.......,(J'--   	_

,,,,... , ·/ '
REQUESTED BY: ..,,_/ . l/ 1 ,[ C	

ACCOUNT# J It> - 57.3 - I/ t2 I) o

DESCRIPTION OF NEED: 't(<.	{&Cd	(',:1C,. k	,t  ;{DD 5	e .1...1>-<.<.. • c/	<rb,	'½ 9 41
I

APPROVED BY:    .,,_c- ./._...•  .....·..._..-i_-J    	._     ,.... 	_

SIGNATURE: -	-

t-+.r=-   --	-	-	-	-	-	-	-	-

.,,... . ··-	•·- · -"·"•'"'"!ii!!iiiiiiiiii""""-·  -    c  - - --··-	·	--

-' --
SUNTRUST
S!QR P_?Y	Dt .Prin	le View
0	Successful Submit:
The request has been sent to the stop Payment SelVli:e for check(s): 50D58. Please chedc the status of the request In the stop pay list below.
A request for stop payment has been placed with the following lnlurmation:
Account: Public Funds Index NOW 5/L • •••••- •••••..r
Check Number(s): 50056
Dale Check Was Written: 07/19/2019
Amount: $184.70
Check Written To (Payee): Oiarles w. case m
Reason for SIDp: 01eck lost In the mall.
Memo: Check lost In mall. Issue replacement.

Your Confirmation Number Is: 370045

Stop Payments: Stop payment requests will be effective the same business day If place:I prior ID 10:00 p,m. ET. There Is a 24 hour waiting period ID validate the IIEm(s) have not been presenbld for payment prior to
placing !his stoP uest. Applicable fees wil be allllllsl to your dleclcing a«aunt once the stq, payment Is pla<:ed.1l1e stop paymentortler dlarges are fisted In the S,mlhrst's miseellaneous fee sdledule.

_	.,. l![l!iii!iil!i·!!.!.-·.- · - -,,- - - - ::.'"''= · · ··

CHECK REQUEST FORM

DISTRICT/ASSOCIATION:  (	(  ,'<--.6-d-	/ll.y,f:	U )..O

PAYABLE TO: 	/    (' / a ,bA	I ( u4,r	cAb

DATE:	? /u /2'Z

J	>

AMOUNT REQUESTED: _	/_J

.:.½....I...J,  /   ._  	_

REQUESTED BY: 

- - U'.J ( dl.-.

ACCOUNT

DESCRIPTION  OF NEED: ..£.   /1  ,y	?4<.:,,/2/- (  --?4-// I( ,£ 	&  -£< S  Sr	,5

APPR OVED BY:      ,._    --   -  ....:...A.:..""      "--' 	­  
SIGNATURE:           J./.1.= ==---·--- 	-

...    ,- .	-- ---·-._ !iii!ii!!!iiiiiiii=   - -=------  --   -  z::=z:r   .

Poinciana West
COMMUNITY  DEVELOPMENT DISTRICT
SPECIAL ASSESSMENTS  FY2019 RECEIPTS

MAINTENANCE

GROSS ASSESSMENTS  $
CERTIFIED NET ASSESSMENTS $

309,892.74
291,299.18
100%

CROSS ASSESSMENTS	COMMISSIONS	INTEREST	NET ASSESSMENTS	GENERAL
DATE	DISTRIBUTION	RECEMD	DISCOUNTS	PAID	INCOME	RECEIVED	FUND	
:	'		:	l	I	:			
ll/14/18	ACH		s	1 , 305 .99	s	5 2. 22	s	25.08	$
s		s	1,228.69	s	. l 228.69	
ll t20/18	ACH	$	4 277 .90	s	219.74	s	81 .16			$	3,977.00	s	3,977.00	
11 /23 /18	ACH		.i	7,089.66	s	283.48	136.12		$	6 670,06	$	6 670.06	
U/30/18	ACH		s	40 485.69	s	l 618.82	s	11 7.34 S	-	s	38 089 :53	5	38,089.53	
12 /12/ 18	ACH		s	71 703 .59	s	2,866 .46	s	l 376.74	s	-	s	67,460.39	l	67,460.39	
12/28/18	ACH		s	156 440.34	s	6 252.93	J	3 003,75. S		s	147.183.66	l	147 183.66	
1 /15/19	ACH		s	12 504 . 94	$	380.54	s	242.49	-	s	11,881.91 l	11 881.91	
1/31/19	ACH		s	-	s	-	s	-	s	367.02	s	367,02 .l	367.02	
2 / 15 /19	ACH		s	3,917.97	$	78.H	s	7 6.79			s	3,762.85 S	3,762.85	
3/15/19	ACH		s	2 , 798.55	$	28.05	s	SS.41		$	2,715.09	s	2 715.09	
41.15 /19	ACH		s	6 ,800.03	s	-	s	136.00	s	-	s	6.664.03	s	6 664 .03	
4/l6/19	ACli		s	-	$	-		. s	13.19	$	13.19	s	13.19	
5/15/19	ACH		s	719.18	$	-	s	14.38	$	-	s	704.80	s	704.80	
6 /17./19	. ACH		s	1,537 . 36	s	-	s	30.75		s	1,506.61 S	1 506,61 '	
6 /19/19	ACH		s	3 39 ;9 4	s	-	s	7;110	s	-	' s	38 2:14	s	382.14	
7/25/19	ACH			s	-	s	5. 59	s	) . 59 s	5,59	
			s	-	s	-	:i	-	:i	-	s	-	s	-	
:	:	I	i	
TOTAL COLU.CT"EO		s	309,971.14 s	11,780.57 s	5,963.81 s	365.80 s	292,612 .56 s	"'292,61 2.56	
PERCENTACE COLLECTED	10m:	

DEBT SERVICE

GROSS ASSESSMENTS  S
CERTIFIED NET ASSESSMENTS $

1,117,752.24
1,050,687.11

CiROSS ASSESSMENTS	COMMISSIONS	INTEREST	NET ASSESSMENTS	DEBT SERVICE
DATE	DISTRIBUTION	RECEIVED	DISCOUNTS	PAID	INCOME	RECEIVED	FUND	
	!				! s					
11 114 ]1 8	ACH	I	4 806 .06	s	192.22	s	92 .28			- - .4,521.56	4,521.56	
11 / 20/18	ACH	s	15 742.68 "	s	808.53	s	298.68		s		14,635.47	s	14,635 .47		
11 /23{18	ACH	s	24,030.30	s	961.10	s	461.38	$		s		22,607.82	s	22,607.82		
11/30/18	ACH	)	141,435.48	s	5,656 . 79	s	2 71S.57			s		133 0GJ ,12	)	1 33,063.12		
12112/18	ACH	s	258,377 .48	s	10 331.72	s	4,960.92			s		24 3,084 .84	s	243,084.84		
12/28/18	ACH	s	570,209.92	s	2 2,797.19	s	10 ,948.2S		s		536,41>4.48	s	536 464.46		
1/15/19	ACH	s	4S 330.98	s	1,379.53	s	879.03	s	-	s		43 072.42	s	43,07 2.-+2·	
1 (31 /19	ACH	s	-		s	-	s	l .-,123.67	s		1 323.67	s	l 323.67		
2/15/19	ACH	s	13 731.60	s	274.60	s	269.14	s	-	$	13,187.86	s	13 187 .86		
3/15/19	ACH	s	9,612 .12	s	96.15	s	190 .32	$		$	9,325.65	$	9,325.65	
4/1 / 19	ACH	I	25,025 .02		s	500.50		s		24 524.52	s	24,524 .52		
4/.i:b/19	ACH	$	-	1	-		s	47.21	s		47.21	s	47.21		
5/15 / 19	ACH	$	2,646.60	s	-	s	52.93			s		2,5113.67	s	2 593.67		
6/17/19	ACH	s	5 b ) t . H	s	-	s	1n .1s			s		),)44.29	s	5.544 . 29.	
6119/19	ACH	s	1,434.96		$	28.70		s		1,406.26	s	1,405.26		
7/25/19	ACH	$	-	$	-		I	2U.)8	s		20.58	l	20..58		
		s	-	: s	-----	,,-s	--	$	-	$	-	$	
·- --1			I	-		:		
TOTAL COLLECUD	$	1,118,040.64 s	42,497 .83 s	21,510.85 s	1,39 1 .46	s		1,055,42.3.4 2	$	1.055,423.AZ		
PERCENTAGECOLLECTED	100"	

10°"

-....---  -	-

,r
,r

t,¾/'l, i.-	-- ...,;;;;;
f"'il ri
{XU '>
ks

t IL51o. &
l lt, 1-n. ')2..)

PQlk County Property Appraiser
MARSHA FAUX: PROPERTY APPRAISER
255 N"WUON AVB BARTOW FL 33830•3!>51 Phooc: (863)S34-477S
INVOICE: 4651671	Page: 1 ofl

 r:

-;:;:r- 

:,:

. -5: ....     		 		 	
_.,... ..,................ .

,: ...
J-

-iki

:·:

:.	:-:1--	-  -W- .' r-: ·..::-	-.:	>:...	 	-··-

--:	JMIN 	!..-:----	:

r:  · ····  -·-  --;  	- ·-:-·:   ...· '  N;  _	.;_-	, 	,, .

.      ·"'·': ""   '"'  .. .m.;.;·--·."'-:: '._·  ''""- . - •.. ·..:"".	· ..····	. .   .	.

1           ·	.. '	•  !! ...

.. ..	"'" ';'   '   :t.-	 :.   "1M-    .   ...........      •	··1	... ....-  .. ....  %A 	 -F=  ··--     '.  , .....

--:

. ,- .-.  --.  --....:...,.' · ...-' :..:.-....·-.' -- "..·. =. -  --  	   - -.:.....·....::.·:..:.  - -- .. '.C.o::: .=-.:.   --::.-·::.. ..-) --  • -- -·t j·	--  --:

l •   .DD     I	l.ana weat  CDI>  ll•bl: 1"5 .M1111nl.sn-auve l'ea	1   11,1'1'7.Sl!O0	I	11  , 1,,   . 5.ll

1.00   I	·	....&.aDA waa1: CDn   llai.'Dt  :u, .r.4od'lli<ltratlvto. ,._	,,on.uoo	3,os,.n
                U,2?&,U

I - 1&-.::;n-••tA1 l.f3f> -'l'3
p .	Af>enx("t,;.o- f°et..

t- i
1d\1:

i
__I__	-  -   -   -   -	-   ----------

- ----	-

Send Payment To:

Detach and  Re t u rn    Wi _t h	Paymen t	..
... -	'	.'!'-	--       -·      --	;s:-  -    ':""-  ·- - -	-
Invoice: 4651671
Customer: 458 POINCIANA WEST CDD
210 N UNIVERSITY nR STE 702 CORAL SPRINGS FL 33071-7320

:	-- _ · .- ,..._-_

Polk County Property Appraiser MARSHA FAUX PROPERTY APPRAISER 2S5 N' WILSON AVE
BARTOW FL 33830-3951

TOTAL DUE: $14,276 . 5
AMOUNT   PAID:  ..=J..(.c'.t;:...:.2.,=1-.;;._·,';_;/;:S;    _       _       _       _

.	.  .
SECTION 2

•

•

•

•

•

•	•	•	•	•	•

Poinciana West
Community Development District

Unaudited Financial Reporting

August 31, 2019

•

•

•	•

•	•

•

•	•	•	•	•	•

Table of Contents

 	Balance Sheet 

General Fund Income Statement

Debt Service Income Statement

Month to Month

FY19 Assessment  Receipt Schedule

Poinciana West
COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET

	General	Debt Service		
			 	2019		

ASSETS:				
CASH				
OPERATING ACCOUNT - SUNTRUST	$120,422		$120,422	
MONEY MARKET ACCOUNT INVESTMENTS
SERIES 2017	$490,854		$490,854	
RESERVE Rl		$391,514		$391,514	
RESERVE R2		$121,976		$121,976	
REVENUE		$282,030		$282,030	
REDEMPTION Rl		$1		$1	
REDEMPTION R2		$17		$17	
DUE FROM DEVELOPER	$22,638			$22,638	
DUE FROM GENERAL FUND		$413		$413	
TOTAL ASSETS	$633,914	$795,951		$1,429,865	

LIABILITIES:					
ACCOUNTS PAYABLE	$23,232			$23,232	
DUE TO DEBT SERVICE	$413			$413	
FUND EQUITY:
FUND BALANCES:					
RESTRICTED FOR DEBT SERVICE 2017		$795,951		$795,951	
OPERATING RESERVE	$65,156			$65,156	
UNASSIGNED	$545,113			$545,113	
TOTAL LIABILITIES & FUND EQUITY	$633,914	$795,951		$1,429,865	

August 31, 2019

 	Fund	Fund	

I	I	Totals

 	 	

Poinciana West
COMMUNITY  DEVELOPMENT DISTRICT

GENERAL FUND
Statement of Revenues & Expenditures
For The Period End ing August 31, 2019

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 8/31/19	ACTUAL
THRU 8/31/19	
VARIANCE	
REVENUES:					
ASSESSMENTS-TAX COLLECTOR	$291,294	$291,294	$292,613	$1,319	
INTEREST	$3,000	$2,750	$4,546	$1,796	
TOTAL REVENUES	$294,294	$294,044	$297,158	$3,114	

EXPENDITURES:					

ADMINISTRATIVE:					
SUPERVISOR FEES	$12,000	$11,000	$4,800	$6,200	
FICA EXPENSE	$918	$842	$367	$474	
ENGi NEERING	$20,000	$18,333	$6,241	$12,092	
ATTORNEY	$50,000	$45,833	$22,329	$23,505	
ARBITRAGE	$450	$450	$450	$0	
DISSEMINATION	$5,000	$4,583	$4,933	($350)	
ANNUAL AUDIT	$3,415	$3,415	$3,415	$0	
TRUSTEE FEES	$7,050	$7,050	$7,004	$46	
ASSESSMENT ADMINISTRATION	$5,000	$5,000	$5,000	$0	
MANAGEMENT FEES	$45,000	$41,250	$41,250	$0	
INFORMATION TECHNOLOGY	$1,500	$1,375	$3,875	($2,500)	
TELEPHONE	$100	$92	$45	$47	
POSTAGE	$3,000	$2,750	$710	$2,040	
PRINTING & BINDING	$1,500	$1,375	$559	$816	
INSURANCE	$10,883	$10,883	$9,000	$1,883	
LEGAL ADVERTISING	$2,500	$2,292	$2,202	$90	
OTHER CURRENT CHARGES	$636	$583	$692	($109)	
OFFICE SUPPLIES	$200	$183	$387	($204)	
PROPERTY APPRAISER	$6,198	$6,198	$3,099	$3,099	
DUES, LICENSES & SUBSCRIPTIONS	$175	$175	$175	$0	
£1.fiQ;.					
FIELD MANAGEMENT	$10,000	$9,167	$9,167	$0	
LANDSCAPE MAINTENANCE	$56,294	$51,603	$51,603	$0	
AQUATIC CONTROL MAINTENANCE	$57,000	$52,250	$52,250	$0	
AQUATIC Ml DGE MANAGEMENT	$32,000	$29,333	$21,067	$8,267	
R&M PLANT REPLACEMENT	$10,000	$9,167	$50	$9,117	
STORM STRUCTURES REPAIRS	$0	$0	$12,100	($12,100)	
CONTINGENCY	$10,000	$9,167	$1,650	$7,517	
CAPITAL OUTLAY	$20,000	$18,333	$0	$18,333	
TOTAL EXPENDITURES	$370,819	$342,682	$264,418	$78,263	
					
EXCESS REVENUES (EXPENDITURES)	($76,525)		$32,740		
					
FUND BALANCE - BEGINNING	$76,525		$512,373		
					
FUND BALANCE -ENDING	$0		$545,113		

Poinciana West
COMMUNITY DEVELOPMENT DISTRICT

SERIES 2017 DEBT SERVICE FUND
Statement of Revenues & Expenditures
For The Period End ing August 31, 2019

ADOPTED	PRORATED BUDGET	ACTUAL
BUDGET	THRU 8/31/19	THRU 8/31/19	VARIANCE

REVENUES:

ASSESSMENTS-TAX COLLECTOR	$1,050,687	$1,050,687	$1,055,423	$4,736 INTEREST		$100		$92		$2,744	$2,652

TOTAL REVENUES	$1,050,787	$1,050,779	$1,058,167	$7,389

EXPENDITURES:

ADMINISTRATIVE
PROPERTY APPRAISER	$22 ,355	$22,355	$11,178	$11,177

SERIES 2017 R-1
INTEREST -11/1	$194,316	$194,316	$194,316	$0
PRINOPAL-05/1	$395,000	$395,000	$395,000	so
INTEREST -05/1	$194,316	$194,316	$194,316		$0 SPEO AL CALL- 05/1		$0		$0		$5,000	($5,000) SERIES 2017 R-2
INTEREST-11/1	$75,831	$75,831	$75,831	$0
PRI NOPAL - 05/1	$85,000	$85,000	$85,000	$0
INTEREST - 05/1	$75,831	$75,831	$75,831		$0 SPECIAL CALL- 05/1		$0		$0	$35,000	($35,000)

TOTAL EXPENDITURES	$1,042,649	$1,04 2,649	$1,071,471	($28,823)

EXCESS REVENUES (EXPENDITURES)	$8,138	($13,304)

FUND BALANCE- BEGINNING	$292,350	$809,255

FUND BALANCE-ENDING	$300,488	$795,951

REVENUES·

Poinciana West
Community Development District
""	Nov	Dee	Jan	Feb	Ma,	•ec	Mat	Jun	Jul	Aui	Sept	Total

ASSESSMENTS - TAX COUECTOR	so	$49,965	$214,644	$12,249	$3,763	$2.715	$Ei,677	S705	$1,889	$6	$0	so	S292,613
IITTEREST	$413	$400	$427	$43-0	$381	$421	$407	$420	$407	5420	$419	$0	$4,546
TOTAL REVENUES	S,ll	Sso1365	SH S,071	$12,679	s-4,1 44	Sl . l.36	$7,085	'$-1,125	$2,296	$426	$419	so	S-297,158 1 EXPENDITURES:

so

ADMINIS!MPYE:
SUPERVISOR FEES	so	$600	S400	Sl,000	$1,000	so	$1,000	so	$800	so	$0	$4,800
FICA EXPENSE	so	$46	Sll	$77	so	S77	so	S77	$0	S61	so	so	$367
ENGINEERING	$0	S738	$590	$590	$0	$1,180	S295	$1,374	so	$1,180	$295	$0	$6,241
ATTORNEY	$106	$7,707	S342	$2,706	$172	$3,054	$952	$3,624	$74S	$2,923	$0	$0	$22,329
ARBITRAGE	$0	$0	$0	$0	$0	$0	$0	$450	$0	$0	$0	$0	$450
DISSEMINATION	$417	$417	$417	5417	$417	$767	S417	$417	$417	$417	$417	so	$4,933
ANNUAL AUDIT		$0	$0	so	$0	$0		so	$0	so        $3,415	$0	$0	so	$3.415 TRUSTEE FEES		$0	$0	$0	$0	$0	$7,004	$0	$0	so	$0	so	$0	$7,004 ASSESSMENT ADMINISTRATION	$5,000	$0	$0	$0	$0		$0	$0                     so             $0                     $0                      $0                      $0                      $5,000 MANAGEMENT  FEES                                                           $3,750                           $3,750                             $3,750                       $3,750                        $3,750                             $3,750                               $3,750                         $3,750                $3,750                    $3,750                       $3,750                            so          $41,250
INFORMATION TEOINOLOGY	$125	$125	$125	$2,625	$125	$125	$125	S125	$125	$125	$125	$0	$3,875
TELEPHONE	$0	$13	$5	$0	$27	$0	so	$0	$0	$0	$0	$0	$45
POSTAGE		$49	$315		Sl	$92	$22	$63	$24	$79		$7	$14		$42	$0	$710 PRINTING & BINDING	$120		$7	$118		$2	$36		so	$36		S3	$92		$2	$142	so	$559
INSURANCE	S9,000	so	$0	$0	$0	$0	so	$0	$0	$0	$0	$0	$9,000
LEGAL ADVERTISING	$0	$351	$328	$267	so	$267	$267	$0	$361	$361	$0	$0	$2,202
OTHER OJRRENT CHARGES	$49	$69	$48	$117	$64	$62	$60	$62	$61	$49	$51	so	$692
OFFICE SUPPLIES		$1	so	$18	$0	$40	$15	so	$277	$18	$0		$18	$0		$387 PROPERTY APPRAISER		$0	$0		$0	$0		$0		so	$0		$0		so	$0	S3,099	$0	$3,099 DUES, LICENSES & SUBSOHPTIONS	$175	$0		$0	$0		so		$0                                       $0                                 $0                     $0                         $0                              so              $0                             $175

Em!l!.
FIELD MANAGEMENT	$833	$833	$833	$833	$833	$833	$833	$833	$833	$833	$833	so	$9,167
LANDSCAPE MAINTENANCE	$4,691	$4,691	$4,691	$4,691	$4,691	$4,691	$4,691	$4,691	$4,691	$4,691	$4,691	$0	$51,603
AQUATIC CONTROL MAINTENANCE	$4,750	$4,750	$4,750	$4,750	$4,750	$4,750	$4,750	$4,750	$4,7SO	$4,750	$4,750	so	$52,250
AQUATIC MIDGE MANAGEMENT	$1,833	$1,833	$1,833	$1,833	$1,833	$1,983	$1,983	Sl,983	$1,983	$1,983	$1,983	$0	$21.067
R&M PLANT REPLACEMENT	$0	$50	$0	$0	$0	$0	$0	so	$0	$0	$0	$0	$50
STORM STRUCllJRES REPAIRS	$0	$0	$0	so	$0	$0	$0	so	$9,600	$2,500	$0	so	$12,100
CONTINGENCY	$1,650	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	so	$1,650
CAPITAL OUTlAY			$0		$0			$0			$0			$0			$0		$0		$0		$0		$0		$0	$0		$0 TOTAL EXPENDITURES		$32,549	$26,294		$18,280		$23,751		$16,760		$29,621	$18,184	$23,494	$30,847	$24,440	$20,197	$0	s2... ,,8 I Exass AMNUES/(EXPENDITURES)	!S32.136J	$24,071	$1%,791	($11,073)	($12,617)	($26,485)                         !Sll,099)                   ($22,369)          ($2, 8 5S2j               ($24,014)                  ($19,777)                          $0                  $32.1•0 I

4

Poinciana West
COMMUNITY DEVELOPMENT DISTRICT
SPECIAL  ASSESSMENTS  FY2019 RECEIPTS

MAINTENANCE

<.ROSS ASSESSMENTS S CERTIFIED NET ASSESSMENTS S

309,892.74
291,299.18

DATE

<.ROSS ASSESSMENTS		COMMISSIONS	INTEREST	NET ASSESSMENTS DISTRIBUTION	RECEIVED	DISCOUNTS		PAID		INCOME		RECEIVED

<.ENERAL
FUND

11/14/18
11/20/18
11/23/18
11 /30 / 18
12/12/18
12/28/18
1/15/19
1/31/19
2 / 15/19
3/15/19
4/15/19
4/16/19
5/15/19
6/17/19
6119/19
7/25/19

ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH ACH ACJ-1 ACH

$

1 , 305.99	$

'

52.22

i
s

:

s

$

4 277.90
7 ,089 . 66
s	40,48  5. 69
71 703.59
156,440.34
12 , 504.94
s	-
3 917.97
2 798.55

s

$

219 . 74 $

25.08   $
81.16   $

s

-
-
-

s

$

1 ,228  .69    $
3 ,977  .00   $
6 ,6 70 .06

s

s
$
$

283 .48
1,618.82
2,866.46
6,252 .93

$
$
$

13 6 .12

777.34 s

s

s

s

$

1,376.74 $

s

38,089.53 $

$	3,003.75

s

147 ,183.66	s

67,460.39 $

s

$

380.54 s

242.49 s

-

s

11 881.91 s

$
$

$
$

-
78.33
28 .0 5

s

-	s

s

$

55.41 s

76.79

367.02 s
$

$

s

6 ,800 .03

-

$

s

s

13 6 . 00

s

-
-
$

s

$

s

TOTAL COLLECTED
PERCENTA<.E COLLECTED

s
s

719.18   $
1  537.36   $
389.94   $
-
-	s
i
309  ,971.1  4   s

-

s
$
$

-	$
14 . 38   $
30.75   $

$
s
s

7-.80

s

13 .19
-
5. 59

s
$
$
$
$
$
s
s

$

367 .02
3   762.85
2,715 .09
6,66 4 .03
13 .19
704 .80

s
$

s

$

s

s

1,506.61 $

-

:

s

11 ,780.S7

S,963.81 s

385 .80

382 .14
5. 59
-
292,612.56

s s
$

$

1,228.69
3,977.00
6,6 70 .06
38,089.53
67 460.39
147 ,183.66
11,881.91
36 7 . 0 2
3,762.85
2 715.09
6 ,664.03
13.19
704.80
1,506.61
382.14
5 .59
-
292 612.56
100%

100%

DEBT SERVICE

<.ROSS ASSESSMENTS $ CERTIFIED NET ASSESSMENTS $

1,117,752.24
1,050,687.11
100%

<.ROSS ASSESSMENTS	COMMISSIONS	INTEREST	NET ASSESSMENTS	DEBT SERVICE
DATE	DISTRIBUTION	RECEIVED	DISCOUNTS	PAID	INCOME	RECEIVED	FUND	
			!	;	!	!
s	-	s	s	
11 /14/1 8	ACH	s	4,806 . 06	192.22	$	92.28	$	4 , 5 21.56	4 521.56	
11/20 /18	ACH	s	15 742 .68	s	808 .53	s	298.68	s	-	s	1 4 635.47	s	14 , 635 . 47	
11/23/18	ACH	s	24, 030.30	s	961.10	$	461.38	s	-	$	22,607 .82	s	22 ,607.8 2	
11/30/18	ACH	$	141,435.48	$	5 656.79	$	2 71 5. 57	s	--	$	133 063 . 1 2	$	133 063.12	
12/12/18	ACH	s	258 ,377 .48	$ 10 ,331 .72	$	4 960.92	$	s	243,08 4.8 4	s	243 ,084 .84	
12/28/18	ACH	$	570 , 209.92	s 22,797 .19	$ 10,948 .25	s	-	s	536,464 .48	s	536,464.48	
1/15/19	ACH	s	45,330-.98	$	1,379.53
s	-	$	879-.03	s	-	s	43,072 . 42	$	43 072.42	
1/31/19	ACH	$		$	s	1,323 . 67	s	1,323.67	s	1,323.67	
2/15/19	ACH	$	13 ,731. 60	$	274 .60	$	269.14	$	-	$	13 18 7.86	$	13,187.86	
3/15/19	ACH	$	9 612 .12	s	96.15
s	-	s	190 . 32	s	-	s	9 3 25 .6 5	s	9 ,325.6 5	
4/15/19	ACH	s	25 ,0 25 .02	-	s	500.50	s	-	s	24 , 524 . 52	s	24 , 524.52	
4 / 26 /19	ACH	s	-	$
-	s	-	s	47.21	$	47.21	$	47.21	
5/15/19	ACH	$	2,646 .60	$
-	s	52 .93	$	-	s	2 593.67	$	2 593.67	
6/17/19	ACH	s	5 657 . 44	$	s	11 3 .15	s	-	s	5,544 . 29	s	5 , 544 .29	
6/19/19	ACH	s	1 434.96	s	-	s	28 .70	$	-	s	1,406.26	s	l 406.26	
7/25/19	ACH	s	-	s	-	$	-	s	20.58	s	20 .58	s	20.58	
		s	-	s	-	$	-	$	-	s	-	s	-	
I	'	l	;	'	
TOTAL COLLECTED	s	l  11 8,040 .64     s   42,497  .83     s  21,510.85    $	I  391.46     s   1,055,423.42     s	1,055,423.42	
PERCENTAGE COLLECTED	100 %	

5

S ECTION D

S ECTION 1

Poinciana	Wes
Community Development Distric

Poinciana West Community Development District

Field Management Report September 18, 2019

To:		George Flint District Manager
From:	Clayton Smith
Field Services Manager

RE:	Poinciana COD - September 18, 2019
The following is a summary of items related to the field operations and management of the Poinciana West Community Development District.

Completed Items

Poinciana West COD Field Management Report I GMS 2019

Bank restoration will be performed to correct erosion around Mitered end sections on pond 16. Dredgesox have been installed on pond bank.
Will be filled with soil/sand then sodded.

        ,...........-,----:--   -    -	- -	-	'	-	-	-

Contractor's expected completion date is September 20th due to delays from hurricane threats.

Ponds are being retreated for hydrilla by aquatic contractor.
Systemic treatment was not as effective as intended.

Spraying and management of aquatic weeds and algae is ongoing.
-ik Many ponds have shown positive results after treatments.
J;, Treatment reports attached.

For any questions or comments regarding the above information, please contact me by phone at 407-201-1514, or by email at csmith@gmscfl.com. Thank you.

Respectfully, Clayton Smith

(	PW Monthly  Treatment Report
Date  between: 08/01/2019  and 08/31/2019

Customer Site ID	Treatment Date	Condition/Weeds Treated I	
16A	8/20/19	Clean	
4A	8/20/19	Clean	
Pond 1	8/20/19	Filamentous	
Pond 1	8/20/19	Hydrilla	
Pond 10	8/19/19	Filamentous	
Pond 10	8/19/19	Hydrilla	
Pond 11	8/20/19	Clean	
Pond 12	8/19/19	Filamentous	
Pond 12	8/19/19	Hydrilla	
Pond 13	8/21/19	Clean	
Pond 15	8/29/19	Clean	
Pond 16	8/29/19	Filamentous	
Pond 16	8/29/19	Hydrilla	
Pond 17	8/21/19	Alligator Weed	
Pond 17	8/21/19	Pennywort	
Pond 17	8/21/19	Shoreline Grasses	
Pond 18	8/21/19	Alligator Weed	
Pond 18	8/21/19	Pennywort	
Pond 18	8/21/19	Shoreline Grasses	
Pond 2	8/21/19	Alligator Weed	
Pond 2	8/21/19	Pennywort	
Pond 2	8/21/19	Shoreline Grasses	
Pond 20	8/21/19	Alligator Weed	
Pond 20	8/21/19	Pennywort	
Pond 20	8/21/19	Shoreline Grasses	
Pond 21	8/29/19	Alligator Weed	
Pond 21	8/29/19	Filamentous	
Pond 21	8/29/19	Pennywort	
Pond 21	8/29/19	Shoreline Grasses	
Pond 22	8/21/19	Alligator Weed	
Pond 22	8/ 21/ 19	Pennywort	
Pond 22	8/21/19	Shoreline Grasses	
Pond 3	8/21/19	Alligator Weed	
Pond 3	8/21/19	Pennywort	
Pond 3	8/21/19	Shoreline Grasses	
Pond4	8/21/19	Alligator Weed	
Pond 4	8/21/19	Pennywort	I	
Pond 4	8/21/19	Shoreline Grasses	
Pond 5	8/20/19	Fil ament ous	
Pond 5	8/20/19	Hydrilla	
Pond 6	8/21/19	Alligator Weed	
Pond 6	8/21/19	Pennywort	

Pond 6	8/21/19	Shoreline Grasses	
Pond 7	8/28/19	Filamentous	I	
Pond 7	8/28/19	Hydrilla	
Pond 8	8/28/19	Alligator Weed	
Pond 8	8/28/19	Pennywort	
Pond 8	8/28/19	Shoreline Grasses	
Pond 9	8/19/19	Filamentous	
Pond 9	8/19/19	Hydrilla	

  C	PWCDD Monthly Midge Treatment Report August2019

Customer	Route	Start Date	End Date	Used Quantit y	Unit of Measure	Chemical Used Quanti ty	Unit of Measure	
PWCDD Truck ULV	Ponds 5, 8, & 9	8/1/19	8/1/19	2.4	mi	0.35	qal	
PWCDD ATV ULV	Ponds 5, 8, & 9	8/5/19	8/5/19	2.2	mi	0.49	aal	
PWCDD ATV ULV	Ponds 5, 8, & 9	8/8/19	8/8/19	2.2	mi	0.34	aal	
PWCDD Truck ULV	Ponds 5, 8, & 9	8/14/19	8/14/19	2.5	mi	0.36	aal	
PWCDD Truck ULV	Ponds 5, 8, & 9	8/15/19	8/15/19	2.2	mi	0.5	aal	
PWCDD ATV ULV	Ponds 5, 8, & 9	8/19/19	8/19/19	2.3	mi	0.5	aal	
PWCDD Truck ULV	Ponds 5, 8, & 9	8/22/19	8/22/19	2.3	mi	0.33	aal	
PWCDD ATV ULV	Ponds 5, 8, & 9	8/26/19	8/26/19	2.3	mi	0.5	aal	
PWCDD ULV	Ponds 5, 8, & 10	8/29/19	8/29/19	2.4	mi	0.35	aal	
Total For The Month	18.40	mi	3.37	aal	

Abate 5% Pellets rvicide Ponds	I Start Date I End Date	Used Quanti tv	Unit of Measure	Chemical Used Ouanti tv	Unit of Measure	
5,6,9	I	8/12/19	I	8/12/19	6.5	ac	52	lb	
Total For The Month	6.50	ac	52.00	lb	

Abate  4E Larvicide Ponds	I Start Date I End Date	Used Quanti tv	Unit of Measure	Chemical Used Quanti tv	Unit of Measure	
9	I	8/22/19	I	8/22/19	2.67	ac	4	oz	
Total For The Month	2.67	ac	4.00	oz	

1/1	8/6/2014 4:17:45 PM

A

ClOft<e

Poinciana West Community Development District Monthly Midge Treatment Report
August 1, 2019-August 30, 2019

Night Truck Spray

9.0	Miles were sprayed

ATV ULV Spray

11.8 Miles were sprayed

Backpack Pellet Larvicide

6.50	Acres were treated

Boat Larvicide Treatments

2.67 Acres were treated

 fl	PW Monthly Treatment Report
Date between: 7/1/2019 and 7/31/2019

Customer Site ID	Treatment Date	Condition/WeedsTreated	
16A	7/3/19	Clean	
4A	7/8/19	Clean	
Pond 1	7/8/19	Clean	
Pond 10	7/3/19	Alligator Weed	
Pond 10	7/3/19	Pennywort	
Pond 10	7/3/19	Shoreline Grasses	
Pond 11	7/3/19	Alligator Weed	
Pond 11	7/3/19	Pennywort	
Pond 11	7/3/19	Shoreline Grasses	
Pond 12	7/3/19	Alligator Weed	
Pond 12	7/3/19	Pennywort	
Pond 12	7/3/19	Shoreline Grasses	
Pond 13	7/18/19	Clean	
Pond 15	7/10/19	Filamentous	
Pond 15	7/10/19	Hydrilla	
Pond 16	7/10/19	Filamento1,.1s	
Pond 16	7/10/19	Hydrilla	
Pond 17	7/29/19	Clean	
Pond 18	7/8/19	Clean	
Pond 2	7/8/19	Clean	
Pond 20	7/29/19	Clean	
Pond 21	7/10/19	Filamentous	
Pond 21	7/10/19	Hydrilla	
Pond 22	7/10/19	Filamentous	
Pond 3	7/18/19	Alligator Weed	
Pond 3	7/18/19	Pennywort	
Pond 3	7/18/19	Shoreline Grasses	
Pond4	7/18/19	Alligator Weed	
Pond4	7/18/19	Pennywort	
Pond4	7/18/19	Shoreline Grasses	
Pond 5	7/3/19	AlIigator Weed	
Pond 5	7/3/19	Pennywort	
Pond 5	7/3/19	Shoreline Grasses	
Pond 6	7/3/19	Alligator Weed	
Pond 6	7/3/19	Pennywort	
Pond 6	7/3/19	Shoreline Grasses	
Pond 7	7/29/19	Clean	
Pond 8	7/29/19	Filamentous	
Pond 8	7/29/19	Spike Rush	
Pond 9	7/3/19	Alligator Weed	
Pond 9	7/3/19	Pennywort	
Pond 9	7/3/19	Shoreline Grasses	

C	0(1<	PWCDD Monthly Midge Treatment Report July 2019

Customer	Route	Start Date	End Date	Used Quantitv	Unit of Measure	Chemical Used Quantitv	Unit of Measure	
PWCDD Truck ULV	Ponds 5, 8, & 9	7/1/19	7/1/19	2.2	mi	0.5	qal	
PWCDD ATV ULV	Ponds 5, 8, & 9	7/3/19	7/3/19	2.2	mi	0.34	aal	
PWCDD Truck ULV	Ponds 5, 8, & 9	7/8/19	7/8/19	2.2	mi	0.49	qal	
PWCDD ATV ULV	Ponds 5, 8, & 9	7/11/19	7/11/19	2.2	mi	0.35	oal	
PWCDD Truck ULV	Ponds 5, 8, & 9	7/15/19	7/15/19	2.2	mi	0.49	oal	
PWCDD ATV ULV	Ponds 5, 8, & 9	7/18/19	7/18119	2.1	mi	0.34	gal	
PWCDD Truck ULV	Ponds 5, 8, & 9	7/22/19	7/22/19	2.3	mi	0.5	oal	
PWCDD ATV ULV	Ponds 5, 8, & 9	7/25/19	7/25/19	2.3	mi	0.34	oal	
Total  For The Month	17.70	mi	3.35	oal	

Abate 5% Pellets Larvicide Ponds	I Start Date I End Date	Used Quanti tv	Unit of Measure	Chemical Used Ouantitv	Unit of Measure	
5,9,6	I	7/3119	I	7/3/19	6.38	ac	55	lb	
Total For The Month	6.38	ac	55.00	lb	

Abate 41: Larvlclde Pond$	I Start Date I End Date	Used Quan titv	Unit of Measure	Chemical Used Quan titv	Unit of Measure	
NONE FOR JULY	I	I					
Total For The Month	0.00	ac	0.00	oz	

111	8/6/2014 4:17:45 PM

A

C\Ofl<e

Poinciana West Community Development District Monthly Midge Treatment Report
July 1, 2019-July 31, 2019

Night Truck Spray

8.9	Miles were sprayed

ATV ULV Spray

-=8. 8 Miles were sprayed

Backpack Pellet Larvicide

6.38	Acres were treated

Boat Larvicide Treatments

_Q_ Acres were treated

S ECTION 2

 	 	 	
Customer Complaint Log Poinciana West CDD
Resident	Address	Pond	Contact	Complaint	Assigned To	Resolution	Date Resolved	
Sarah Bugielski	1066 Harbor Ridge Drive	Multiple	815-954-2063	Algae in ponds along San Clemente	Clayton Smith	Sprayed	8/1/19	

Thomas Ranonis	
702 Torrey Pines Way	
P-4	
551-587-2974	
Pond not draining	
Clayton Smith	Contacted homeowner	
8/1/19	
Sandra Winsett	915 Ladera Ranch Road	P-15	I  nsett007	ahoo .com	Hydrilla, midges, trash	Clayton Smith	Sprayed	8/12/19	

Rochelle Quinn	

586 Villa Park Road	

P-6	

863-496-5313	

Midge Control	

Clayton Smith	Complimentary barrier
treatment	

8/12/19	

Gail McClain	

473 Indian Wells Ave	

P-1	

SOS-710-5005	

Midge Control	

Clayton Smith	No-see-um problem, not
midges	

8/12/19	

Mary Sue Bunting	

460 Villa Park Road	

P-6	

757-871-3045	

Midge Control	

Clayton Smith	Complimentary barrier
treatment	

8/12/19	
Joel Matalon	933 San Raphael Street	P-10	863-496-0121	Algae on pond	Clayton Smith	Sprayed	9/9/19	
Rosalie Sones	1331 Bonita Canyon Drive	P-22	863-496-5290	Grasses/algae in pond	Clayton Smith	Sprayed	9/9/19	
Laura Marlow	927 Ladra Ranch Road	P-15	518-524-0837	Algae in pond	Clayton Smith	Sprayed	9/9/19