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POINCIANA
COMMUNITY DEVELOPMENT DISTRICT

AGENDA PACKAGE

DECEMBER 13, 2017

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Poinciana Community Development District

Inframark, Infrastructure Management Services

210 N. University Drive, #702, Coral Springs, FL 33071

Tel: 954-603-0033; Fax 954-345-1292

December 6, 2017

Board of Supervisors

Poinciana Community Development District

Dear Board Members:

A meeting of the Board of Supervisors of Poinciana CDD will be held at 11:00 a.m. on December 13, 2017 in the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. Following is the advance agenda for this meeting:

1.	Call to Order and Roll Call

2.	Pledge of Allegiance

3.	Audience Comments

4.	Approval of October 18, 2017 Meeting Minutes

5.	Ratification of Agreement with Clarke Environmental Mosquito Management, Inc. for Midge Control Services

6.	Ratification of Agreement with Clarke Aquatic Services, Inc. for Aquatic Maintenance Services
7.	Consideration of Agreement with Floralawn, Inc. for Landscape Maintenance Services

8.	Consideration of District Management Agreement with Governmental Management Services-Central Florida, LLC
9.	Consideration of Resolution 2018-08, Removing and Appointment of Officers of the District

10.	District Manager’s Report

A.	Presentation of Financial Statements

B.	Audit Committee Selection Process

i.	Appointment of Committee Members
ii.	Establishment of RFP Evaluation Criteria

iii.	Authorization to Proceed with RFP

11.	Staff Reports

A.	Attorney

B.	Engineer
C.	Field Manager

12.	Supervisor Comments

13.	Audience Comment

14.	Adjournment

I look forward to seeing you at the meeting. If you need anything in the meantime, please do not hesitate to contact me.

Sincerely,
Robert Koncar

Robert Koncar

District Manager

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Fourth Order of Business

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MINUTES OF MEETING

POINCIANA

COMMUNITY DEVELOPMENT DISTRICT

The  regular  meeting  of  the  Board  of  Supervisors  of  the  Poinciana  Community

Development District was held Wednesday,  October 18, 2017 at 11:00 a.m. at the Starlite

Ballroom, located at 384 Village Drive, Poinciana, Florida.

Present and constituting a quorum were:

Robert Zimbardi	Chairman

LeRue Stellfox	Vice Chairman
Lita Epstein	Assistant Secretary
Richard Kellogg	Assistant Secretary
David Lane	Assistant Secretary

Also present were:

Chuck Walter	District Manager
Michael Eckert	District Counsel
Lindsay Whelan	District Counsel
Michael Dell’Isola	District Engineer
Russell Simmons	Field Manager
Clarke Representatives
Residents

The following is a summary of the discussions and actions taken at the October 18,

2017 Poinciana Community Development District’s Board of Supervisors Meeting.

FIRST ORDER OF BUSINESS	Call to Order and Roll Call
Mr. Zimbardi called the meeting to order.  The Supervisors introduced themselves and a

quorum was established.

SECOND ORDER OF BUSINESS	Pledge of Allegiance
The Pledge of Allegiance was recited.

THIRD ORDER OF BUSINESS	Audience Comments
Hearing no comments from the audience, the next order of business followed.

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October 18, 2017	Poinciana CDD	
FOURTH ORDER OF BUSINESS	Approval  of  August  16,  2017  Meeting	
	Minutes	
Mr. Zimbardi stated each Board member received a copy of the Minutes of the August

16, 2017 Meeting and requested any additions, corrections or deletions.

On MOTION by Mr. Stellfox seconded by Mr. Kellogg with all in favor the Minutes of the August 16, 2017 Meeting were approved.

FIFTH ORDER OF BUSINESS	District Manager’s Report
	A.  Presentation of Financial Statements
•	The Financial Report for the period ending September 30, 2017 was reviewed.

	 It was requested wording in the Memorandum, “Additional changes due to merger” be changed to “Additional charges due to joint meetings”.

	 Clarification of Check #2511 charges relating to Prof Serv-Field Management was requested.

	 Provide AV Homes account receivables.
	 It was reported Labor Staffing-Rodgers charges have been reversed.

On MOTION by Mr. Kellogg seconded by Mr. Lane with all in favor the financials for the period ending September 30, 2017 were approved and the check register was accepted as modified.

	B.  Resolution 2018-06 Amending the General Fund Budget for FY 2017
•	This is a reconciliation for the end of the fiscal year 2017 budget.

On MOTION by Mr. Kellogg seconded by Ms. Epstein with all in favor Resolution 2018-06 Amending the General Fund Budget for FY 2017 was adopted.

C.	Motion Assigning Fund Balance as of September 30, 2017

•	This is the rollover of existing assets to the new fiscal year. It is a carry-over allocating $155,224 of operating reserves into revenues to fund operations while waiting for fiscal year 2018 special assessments to be collected and provided by the Tax Collector.

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October 18, 2017	Poinciana CDD

On MOTION by Mr. Kellogg seconded by Mr. Stellfox with all in favor assigning the fund balance of $155,224 to fund fiscal year 2017 operations as of September 30, 2017, was approved.

D.	Discussion and Ratification of Fiscal Year 2018 Insurance Policy

•	Due to time constraints, the fiscal year 2018 insurance policy was renewed for one year at the current terms and conditions. The next renewal in July will be brought back to the Board for review.

On MOTION by Mr. Kellogg seconded by Mr. Lane with all in favor the action by the District Manager to renew the insurance policy for fiscal year 2018 was ratified.

SIXTH ORDER OF BUSINESS	Staff Reports
A.	Attorney
There not being any, the next item followed.

B.	Engineer
•	Kathy Leo is no longer with Atkins.  Michael Dell’Isola will be the representative from

	Atkins working with the District.

C.	Field Manager

•	Proceeding with a FEMA claim regarding damage to control structures after hurricane Irma was discussed. It was noted the FEMA website, Floridapa.org, is a good source of information regarding submitting a claim.

On MOTION by Mr. Kellogg seconded by Mr. Stellfox with all in favor the motion of the Board to not to proceed with filing a FEMA claim was approved.

•	The Board will review current insurance policies.

i.	Discussion of Maintenance Agreements
a.	Landscape – Floralawn – Expires 10/31/17
b.	Midge – Clarke – Expires 9/30/17
c.	Aquatic – Clarke – Expires 9/30/17

•	Ms. Whelan reported that the Clarke Midge and Aquatic Agreements expired on September 30, 2017. Since the expiration was prior to this Board meeting, a letter was

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October 18, 2017	Poinciana CDD

sent to Clarke to continue the services it provides to the District as set forth in the

agreements on a month-to-month basis.

On MOTION by Mr. Lane seconded by Mr. Kellogg with all in favor the action by District Counsel to notify Clarke of a temporary agreement extension was ratified.

•	The Board has the option to direct staff to enter into a new one year agreement with Clarke, or request additional proposals.

On MOTION by Mr. Kellogg seconded by Mr. Lane with all in favor one year contracts with Clarke for Midge and Aquatic services with the same price and conditions as the existing contracts were approved.

•	The Floralawn contract was discussed and the Board would like to renew the contract with certain terms and conditions.

•	A scope of services will be prepared including the issue of throwing of grass clippings into the ponds; and any cutting of a slope on the pond banks should be thrown uphill.

On MOTION by Mr. Kellogg seconded by Mr. Lane with all in favor staff was authorized to send letter to Floralawn requesting an extension of the contract for additional one month period(s) to allow the contractor to prepare a revised scope of services.

•	Floralawn will be invited to next CDD meeting to discuss scope of services.

•	It was requested Clarke report any landscape maintenance items to Mr. Zimbardi or Mr. Case for follow up.

•	A representative from Clarke addressed the problem of access to the pond in the area where the technician fell.

•	It was requested that a list of problem access areas by prepared by Clarke and submitted to the District Manager.

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October 18, 2017	Poinciana CDD

ii.	Field Report
•	Field reports were reviewed.

•	The Board requested a Pending Item List be included with the report.

•	The Floralawn report is to separately identify Poinciana and Poinciana West ponds.

SEVENTH ORDER OF BUSINESS	Supervisor Comments

•	Mr. Stellfox proposed RFPs for services of a management company be obtained. It was noted this will be discussed at the Poinciana and Poinciana West Joint meeting.

EIGHTH ORDER OF BUSINESS	Audience Comments
Hearing no comments from the audience, the next order of business followed.

NINTH ORDER OF BUSINESS	Adjournment
There being no further business,

On MOTION by Mr. Kellogg seconded by Ms. Epstein with all in favor the meeting was adjourned at approximately 12:05 p.m.

________________________________	________________________________
Robert Zimbardi
Assistant Secretary	Chairman

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Fifth Order of Business

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Sixth Order of Business

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Seventh Order of Business

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

This Agreement (the “Agreement”) is made and entered into this 13th day of December, 2017, by and between:

Poinciana 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., whose 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.

A.	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, as depicted in Exhibit B, attached hereto and incorporated herein by reference.

B.	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

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shown in Exhibit C, Emergency Preparedness Plan, attached hereto and incorporated herein by reference.

C.	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.

D.	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.

E.	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.

F.	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.

A.	The term of this Agreement shall be from December 13, 2017 through September 30, 2018 unless terminated earlier in accordance with the terms of this Agreement.

B.	As compensation for the services described in this Agreement, the District agrees to pay the Contractor Eleven Thousand Nine-Hundred and Seventy Dollars and Forty-Two Cents ($11,970.42) per month, which amounts includes all tools, labor, materials and items necessary for the completion of the Services by the Contractor.

C.	Services involving the installation of pine straw/mulch and annuals are not included in the monthly 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. Upon successful negotiations, the Parties

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shall agree in writing to a work order, addendum, addenda, or change order to this Agreement.

D.	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.

E.	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

	(45) 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

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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 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

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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:

A. If to Contractor: Floralawn, Inc. 5

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734 South Combee Road
Lakeland, Florida 33801
Attn: Brad Thompson

B.	If to District:Poinciana Community Development District

135 West Central Boulevard, Suite 320
Orlando, Florida 32801
Attn:  District Manager

With a copy to:	Hopping Green & Sams, P.A.

119 South Monroe Street, Suite 300 Post Office Box 6526

Tallahassee, Florida 32314 Attn: Michael C. Eckert

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.

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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, its employees, agents and subcontractors shall defend, hold harmless and indemnify the District and its officers, staff, employees, representatives and agents against any claims, damages, liabilities, losses and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the acts or omissions of

Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement or the work or services performed hereunder.

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

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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 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. 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]

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

Attest:	POINCIANA COMMUNITY
DEVELOPMENT DISTRICT

____________________________	_______________________________
Secretary/Assistant Secretary	Chairman, Board of Supervisors

Witness:	FLORALAWN INC.

_____________________________	___________________________________

(Signature of Witness)	By:________________________________
Its:________________________________
_____________________________
(Print Name of Witness)

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

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Exhibit A

Scope of Services

LANDSCAPE MAINTENANCE SPECIFICATIONS

1.  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 to4 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.

•	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)

2.  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.

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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.

3.  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.

4.  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.

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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.

5.	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. The Contractor shall ensure that there are no leafs or grass clipping blowing into the ponds.

6.  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.

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7.  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.

8.	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.

9.  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.

10.  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.

11.	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.

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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.

16. 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

1.	Pond banks shall be fertilized semi-annually. This should only be done by owner’s request.

2.	Technicians will give appropriate notification to persons in the immediate area of impending chemical applications.

3.	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.

4.	Copies of manufacturer labels and Material Safety Data Sheets shall be provided to the
	District’s management company.
5.	All materials will be used as approved for intended use by the regulatory standards.
6.	All materials shall be applied per the manufacturer’s specifications and guidelines.

7.	Lawn and pesticide signs shall be posted at the home or common area after the use of chemicals for safety and compliance.

8.	The District Manager and representatives of the District reserve right to be present when chemicals are being mixed and applied.

9.	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 insure that all of the requirements for a Florida landscape are provided for. The method of application will be dependent upon the landscape layout.

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•	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:

1.	Prevention- Proper planting, maintenance, and sanitation practices.

2.	Cultural- Employment of good horticultural practice to optimize plant health.

3.	Scouting- Trained personnel diligently scout property for signs of disease or infestation.

4.	Identification- The appropriate means are taken to diagnose the cause.

5.	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.

6.	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 6

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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

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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

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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.

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SERVICE SPECIFICATIONS

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

2.	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.

3.	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

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•	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 that the 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

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•	Monthly mow schedule

•	Monthly detail schedule

•	Monthly newsletter article

•	Special project schedules (i.e. mulching, palm & tree pruning)

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Appendix I

Types of Machinery Used at Solivita

Pond Banks:

o Batwing finish mower with rear discharge o 60 inch pistol grip mower with mulch kit

Flat Areas:

o  70 inch mowing deck mower

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Exhibit B

Landscape Maintenance Map

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Exhibit C

Emergency Preparedness Plan

Poinciana Community Development District

EMERGENCY PREPAREDNESS PLAN
For
LANDSCAPE, HARDSCAPE & STREETSCAPE AMENITIES

Located In

POLK COUNTY, FLORIDA

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,

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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:

1.	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.

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

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3.	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.

4.	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:

1.	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.

2.	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.

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

4.	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.

5.	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.

6.	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.

7.	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.

8.	Have all temporary port-o-lets pumped out, tied down or removed.

9.	Have all trash dumpsters emptied or removed.

10.	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.

11.	All water containers should be filled with potable water to capacity.

12.	All bag fertilizer or chemicals should be placed in the interior of a secure structure or removed from the site.

13.	Board up all windows in field office (if applicable), or protect them with storm shutters.

14.	Disconnect all field office (if applicable) electrical equipment (computers, copiers, etc.).

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15.	Take photos of your site prior to the storm/emergency to record site and landscape conditions.

16.	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.

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

18.	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.

19.	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:

1.	Remove any scaffolding.

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

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

4.	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.

5.	Ensure first aid kits are fully stocked.

6.	Identify debris collection locations.

7.	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.

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

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

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

After the storm: (Post Hurricane)

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1.	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.

2.	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.

3.	The priorities will be:

1.	Ensure that the public is safe and protected from unsafe conditions on the jobsite created by the storm;

2.	Secure personal property;
3.	Proceed to the jobsite with caution;

4.	Ensure that site working conditions are safe;

5.	Clear roadways and other access routes of hazards;

6.	Identify and mark areas where dangerous conditions exist;

7.	Secure damaged buildings;
8.	Repair or make operable any equipment which can be used in the cleanup effort.

9.	Photo-document the site prior to starting cleanup operations.

4.	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.

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

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

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

8.	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.

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Eighth Order of Business

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AGREEMENT FOR DISTRICT MANAGEMENT SERVICES BETWEEN POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND GOVERNMENTAL MANAGEMENT SERVICES – CENTRAL FLORIDA, LLC

Date of Agreement (the “Contract”) : __st day of December, 2017.

Between:	Governmental Management Services – Central Florida, LLC

135 W. Central Blvd, Suite 320

Orlando, Florida 32801

(Hereinafter referred to as “Manager”);

And:	Poinciana Community Development District

A unit of special purpose local government located in

Polk County, Florida

(Hereinafter referred to as “District”).

GENERAL MANAGEMENT, ADMINISTRATIVE, AND ACCOUNTING

SERVICES

This engagement is for the Manager to provide District Management Services for the District. The duties and responsibilities include, but are not limited to the following:

Meetings, Hearings, Workshops, Etc.

•	The Manager will organize, conduct, and provide minutes for all meetings of the District. This includes, but is not limited to, scheduling meetings, providing agenda packages and meeting materials in the form requested by the District Board of Supervisors, and publishing Board meeting, public hearing notices, and landowner election notices pursuant to Florida law.

•	The Manager will consult with the District Board of Supervisors and its designated representatives, and when necessary, organize such meetings, discussions, project site visits, workshops, and hearings as may pertain to the administration and accomplishment of the various projects and services provided by the District.

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Records

•	The Manager will maintain “Record of Proceedings” for the District within the boundaries of the local government in which the District is located and include meeting minutes, agreements, resolutions and other records required by law or contract. The Manager will keep and maintain all records of the District, serve as the District’s designated “Custodian of Public Records,” and ensure the District’s compliance with all requirements of Florida’s public records laws, pursuant to Chapter 119, Florida Statutes, and all such successor and related laws of Florida.

District Operations

•	The Manager will act as the primary point of contact for District-related matters.

•	The Manager will consult with and advise the District on matters related to the operation and maintenance of the District’s public infrastructure.

•	The Manager will make recommendations and assist in matters relating to solicitation, approval, rejection, amendment, renewal, and cancellation of contracts for services to the District. In advance of expiration of contracts, the Manager will advise the Board as to need for renewal or additional procurement activities and implement same.

•	On or before October 1st of every year, the Manager will prepare an annual inventory of all District owned tangible personal property and equipment in accordance with all applicable rules and standards.

•	The Manager will recommend and advise the Board, in consultation with the District Engineer of the appropriate amount and type of insurance and be responsible for procuring all necessary insurance.

•	The Manager will ensure compliance with all statutes affecting the District by performing the following tasks (and such other tasks required by law but not specifically identified herein):

•	File name and location of the Registered Agent and Office location annually with Department of Economic Opportunity and the County.

•	Provide legal description and boundary map as provided by District Engineer to the Supervisor of Elections

•	Provide the regular meeting schedule of the Board to County.

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•	File all required financial reports to the Department of Revenue, Auditor General, the County, and other governmental agencies with jurisdiction in compliance with Florida law.

•	File request letter to the Supervisor of Election of the County for number of registered voters as of April 15, each year. Report annually the number of registered voters in the District by June 1, of each year.

•	Transmit Public Facilities Report and related updates to appropriate agencies.

•	Prepare and file annual public depositor report.

Accounting and Reporting

•	The Manager will implement an integrated management reporting system compliant with Generally Accepted Accounting Principles (GAAP) for government and fund accounting which will allow the District to represent fairly and with full disclosure the financial position of the District. The District’s accounting activities will be overseen by a degreed accountant.

•	The Manager will prepare reports as appropriate under applicable law, accounting standards, and bond trust indenture requirements. The Manager will track the District’s general fund and bond fund activities and provide monthly and annual financial statements (including budget to actual summary).

•	The Manager will administer the processing, review and approval, and timely payment of all invoices and purchase orders.

•	The Manager will oversee District’s capital and general fund accounts.

•	The Manager will recommend and implement investment policies and procedures pursuant to State law, and provide Cash Management services to obtain maximum earnings for District operations through investment of surplus funds to the State Board of Administration.

Audits

•	The Manager will provide audit support to auditors for the required Annual Audit, and will ensure completion and submission of audit and Annual Financial Statements to the County, Auditor General, and other appropriate government entities in compliance with Florida law.

Budgeting

•	The Manager will prepare and provide for a proposed budget for Board approval and submission to County in compliance with state law. The Manager

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will prepare final budget and backup material for and present the budget at all budget meetings, hearings and workshops. The Manager will ensure that all budget meetings, hearings, and workshops are properly noticed.

•	The Manager will administer the adopted budget and prepare budget amendments on an ongoing basis as necessary.

Capital Program Administration

•	The Manager will maintain proper capital fund and project fund accounting procedures and records.

•	The Manager will coordinate with District staff to provide for appropriate bid and or proposal/qualification processes for Capital Project Construction.

•	The Manager will oversee and implement bond issue related compliance, i.e., coordination of annual arbitrage report, transmittal of annual audit and budget to the trustee, transmittal of annual audit to bond holders and underwriters, annual/quarterly disclosure reporting, etc.

Maintenance Contract Administration

•	The Manager will provide Maintenance Contract Administration for District in general accordance with the fees outlined in Exhibit A.

FINANCIAL SERVICES

Assessments & Revenue Collection

•	The Manager will develop and administer the annual assessment roll for the District. This includes administering the tax roll for the District for assessments collected by the County and administering assessments for Off Tax Roll parcels/lots.

•	The Manager will provide payoff information and pre-payment amounts as requested by property owners, and collect prepayment of assessments as necessary.

•	The Manager will monitor development of the District and perform Assessment True-up Analysis when appropriate.

•	The Manager will issue estoppel letters as needed for property transfers.

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•	The Manager will maintain the District’s Lien Book, in which is recorded the details of any District debt and the related debt service assessments. The Lien Book will account for all District debt and show the allocation of debt principal to assessed properties within the District.

FEES AND TERM OF SERVICES

All services will be completed on a timely basis in accordance with the District needs and statutory requirements. The Management, Administrative, Accounting, Assessment Administration and Field Management Servies shall commence on January 25, 2018.

The District agrees to compensate the Manager in accordance with the fee schedule set forth in the attached Exhibit A. Payment shall be made in equal monthly installments at the beginning of each month, and may be amended annually as evidenced by the budget approved by the Board.

In addition, the District agrees to reimburse the Manager for expenses incurred as part of performing the duties and responsibilities outlined in this contract. These expenses include, but are not limited to: travel, reproduction, printing and binding, long distance telephone, facsimile transmission, postage and express mail, legal advertising and supplies, computer time. All expenses shall be at the cost incurred by Manager, and in all cases shall be consistent with the provisions of Chapter 112, F.S., to the extent applicable.

This Contract shall automatically renew each Fiscal Year of the District, unless otherwise terminated by either party. The District will consider price adjustments each twelve (12) month period to compensate for market conditions and the planned workload of the District to be performed during the next twelve (12) month period. Evidence of price or fee adjustments will be approved by the Board in its adopted or amended Fiscal Year Budget.

DISTRICT RESPONSIBILITIES

The District shall provide for the timely services of its legal counsel, engineer and any other consultants, contractors or employees, as required, for the Manager to perform the duties outlined in this Contract. Expenses incurred in providing this support shall be the sole responsibility of the District.

5

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TERMINATION OF THIS CONTRACT

This Contract may be terminated as follows:

1.	By the District for “good cause,” which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by the Manager which termination may be immediate; or

2.	By the Manager or District, for any reason, upon 60 days written notice.

In the event this Contract is terminated in either manner above stated, the Manager will make all reasonable effort to provide for an orderly transfer of the books and records of the District to the District or its designee.

GENERAL TERMS AND CONDITIONS

1.	All invoices are due and payable when received.

2.	This Contract shall be interpreted in accordance with and shall be governed by the laws of the State of Florida.

3.	In the event that any provision of this contract shall be determined to be unenforceable or invalid by a court such unenforceability or invalidity shall not affect the remaining provisions of the Contract which shall remain in full force and effect.

4.	The rights and obligations of the District as defined by this Contract shall inure to the benefit of and shall be binding upon the successors and assigns of the District. There shall be no assignment of this Contract by the Manager, without the approval of the District.

5.	The Manager agrees to pay, discharge, defend (if required by the District), indemnify and hold the District and its supervisors, agents, employees, representatives, successors and assigns harmless from and against any and all demands, claims, causes of action, proceedings, obligations, settlements, liabilities, damages, injunctions, penalties, liens, losses, charges and expenses of every kind or nature (including, without limitation, reasonable fees of attorneys and other professionals retained by the District in the event Manager fails to retain counsel to represent the District, its supervisors, agents, employees, representatives, successors and assigns, who is reasonably acceptable to the District), incurred by the District or its supervisors, agents, employees,

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representatives, successors and assigns arising out of or in connection with: (i) any services to be provided by the Manager pursuant to this Contract; (ii) any failure by Manager to perform any of its obligations under this Contract; (iii) any accident, injury or damage to property or persons, if caused by the acts or omissions of Manager or Managers officers, partners, employees, contractors, subcontractors, invitees, representatives, or agents; (iv) any and all accidents or damage that may occur in connection with Managers or Manager’s officers, employees, contractors, subcontractors, invitees, representatives, or agents use of the District property; (v) any failure of Manager or Manager’s officers, employees, contractors, subcontractors, invitees, representatives, or agents to comply with any applicable codes, laws, ordinances, or governmental requirements, Contracts, approvals, or permits affecting District property. The provisions of this paragraph shall survive the expiration or sooner termination of this Contract.

6.	Nothing contained in this Contract 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 Contract 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.

7.	Any amendment or change to this Contract shall be in writing and executed by all parties.

NOTICES

All notices required in this Contract shall be sent by certified mail, return receipt requested, or express mail with proof of receipt. If sent to the District, notice shall be to:

Poinciana Community Development District

135 W. Central Blvd, Suite 320

Orlando, Florida 32801

Attn: Chairman

With a copy to:

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Agenda Page 88

Poinciana Community Development District c/o Michael Eckert

Hopping Green & Sams, P.A.

119 South Monroe Street, Suite 300 Tallahassee, Florida 32301

If notice is sent to Manager, it shall be sent to:

Governmental Management Services – Central Florida, LLC

135 W. Central Blvd, Suite 320

Orlando, Florida 32801

Attn: George S. Flint

This Contract shall represent the entire agreement between the Manager and the District. Both Manager and District understand and agree with the terms and conditions as set forth herein.

Approved by:

Board of Supervisors Poinciana Community Development District

By:

Secretary/Assistant Secretary	Chairman

Governmental Management Ser vices

– Central Florida, LLC.

Witness	George S. Flint, Vice - President

8

Agenda Page 89

EXHIBIT A

DISTRICT MANAGEMENT FEE SCHEDULE

NOVEMBER 2017

Management, Administrative, and Accounting Services			
  Annual Fee paid in equal monthly payments	$ 45,000	
	(plus reimbursables)			
Annual Assessment Administration	$	5,000	
	(Beginning with the first assessment to individual			
	unit owners, direct assessment or utilizing tax collector)		
Field Management Services	$ 10,000	
	Annual Fee paid in equal monthly payments			
	(plus reimbursables)			
Other Services*			
	Amenity Management	Negotiated	
	Website Administration	$	1,500	
  Dissemination Agent (per bond issue)	$	5,000	
	Bond Issuance	$ 12,500 (per bond issue)	
	Assessment Methodology	$ 15,000 (per bond issue)	
	SERC Preparation	$	2,500	
	Annual Construction Accounting	$	3,500 (per bond issue)	

*Costs for other services shall be by separate agreement or work authorization and may be adjusted based upon the scope of services provided.

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Ninth Order of Business

Agenda Page 91

RESOLUTION 2018-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF POINCIANA COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE REMOVAL AND APPOINTMENT OF OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, Poinciana Community Development District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the Polk County, Florida; and

WHEREAS, due to the impending change of the District’s management company, the Board of

Supervisors of the District desires to provide for the appointment and removal of a Treasurer, Assistant Treasurers, Secretary and Assistant Secretaries.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF POINCIANA COMMUNITY DEVELOPMENT DISTRICT:

Section 1. George Flint is appointed Assistant Secretary, which appointment shall end on January 25, 2018. George Flint is appointed Secretary effective January 25, 2018. Effective January 25, 2018, the existing Secretary Chuck Walter is removed.

Section 2. Jason Showe is appointed Assistant Secretary. Effective January 25, 2018, all Assistant Secretaries employed by Severn Trent Environmental Services, Inc. or its affiliates are removed.

Section 3. Ariel Lovera is appointed Assistant Treasurer, which appointment shall end on January 25, 2018. Ariel Lovera is appointed Treasurer effective January 25, 2018. Effective January 25, 2018, the existing Treasurer Robert Koncar is removed.

Section 4. Teresa Viscarra is appointed Assistant Treasurer. Effective January 25, 2018, all Assistant Treasurers employed by Severn Trent Environmental Services, Inc. or its affiliates are removed.

Section 5.   This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 13TH DAY OF DECEMBER, 2017.

POINCIANA COMMUNITY

DEVELOPMENT DISTRICT

CHAIRMAN

ATTEST:

ASSISTANT SECRETARY

Agenda Page 92

Tenth Order of Business

Agenda Page 93

10A.

Agenda Page 94

POINCIANA

Community Development District

Financial Report

October 31, 2017

Prepared by

POINCIANA

Agenda Page 95

Community Development District

Table of Contents

			Page #	
FINANCIAL STATEMENTS				
Balance Sheet - All Funds	……………………………………………………………………………..	1	
Statement of Revenues, Expenditures and Changes in Fund Balance		
General Fund	…………………………………………………………………………………	2-3	
Debt Service Fund	……………………………………………………………………………	4	
SUPPORTING SCHEDULES				
Cash and Investment Report	…………………………………………………………………………	5	
Bank Reconciliation	…………………………………………………………………………………….	6	
Payment Register by Bank Account………………...………………………………………………	7	

Agenda Page 96

POINCIANA

Community Development District

Financial Statements

(Unaudited)

October 31, 2017

POINCIANA										Agenda Page 97		
									Governmental Funds		
Community Development District											
	Balance Sheet									
	October 31, 2017									
							SERIES						
						2012A DEBT						
			GENERAL		SERVICE						
	ACCOUNT DESCRIPTION			FUND			FUND			TOTAL		
	ASSETS												
	Cash - Checking Account	$	353,246	$	-	$	353,246			
	Due From Developer			120,703			-			120,703			
	Due From Other Funds			-			14			14			
	Investments:												
	Certificates of Deposit - 36 Months			107,731			-			107,731			
	Money Market Account			51,857			-			51,857			
	Redemption Fund (A-1)			-			4,351			4,351			
	Redemption Fund (A-2)			-			23,309			23,309			
	Reserve Fund (A-1)			-			535,748			535,748			
	Reserve Fund (A-2)			-			322,618			322,618			
	Revenue Fund			-			701,522			701,522			
											
	TOTAL ASSETS	$	633,537	$	1,587,562	$	2,221,099			
													
	LIABILITIES												
	Accounts Payable	$	33,980	$	-	$	33,980			
	Accrued Expenses			11,916			-			11,916			
	Due To Other Funds			14			-			14			
													
	TOTAL LIABILITIES			45,910			-			45,910			
	FUND BALANCES												
	Restricted for:												
	Debt Service			-			1,587,562			1,587,562			
	Assigned to:												
	Operating Reserves			155,224			-			155,224			
	Unassigned:			432,403			-			432,403			
											
	TOTAL FUND BALANCES	$	587,627	$	1,587,562	$	2,175,189			
											
	TOTAL LIABILITIES & FUND BALANCES	$	633,537	$	1,587,562	$	2,221,099			

Report Date: 11/29/2017	Page 1

POINCIANA													Agenda Page 98		
													General Fund		
Community Development District															
Statement of Revenues, Expenditures and Changes in Fund Balances				
	For the Period Ending October 31, 2017							
				ANNUAL											YTD ACTUAL		
				ADOPTED		YEAR TO DATE		YEAR TO DATE		VARIANCE ($)		AS A % OF		
ACCOUNT DESCRIPTION				BUDGET			BUDGET			ACTUAL			FAV(UNFAV)		ADOPTED BUD		
REVENUES																	
Interest - Investments	$	3,500	$	292	$	112	$	(180)	3.20%		
Interest - Tax Collector				-			-			3			3	0.00%		
Special Assmnts- Tax Collector				481,383			-			-			-	0.00%		
Special Assmnts- CDD Collected				71,073			35,537			35,537			-	50.00%		
Special Assmnts- Developer				84,960			84,960			84,960			-	100.00%		
Special Assmnts- Discounts				(19,255)			-			-			-	0.00%		
																	
TOTAL REVENUES				621,661			120,789			120,612			(177)	19.40%		
EXPENDITURES																	
Administration																	
P/R-Board of Supervisors				12,000			1,000			2,000			(1,000)	16.67%		
FICA Taxes				918			77			153			(76)	16.67%		
ProfServ-Arbitrage Rebate				600			-			-			-	0.00%		
ProfServ-Dissemination Agent				5,000			-			-			-	0.00%		
ProfServ-Engineering				18,000			1,500			-			1,500	0.00%		
ProfServ-Legal Services				30,000			2,500			-			2,500	0.00%		
ProfServ-Mgmt Consulting Serv				55,341			4,612			4,612			-	8.33%		
ProfServ-Property Appraiser				9,628			-			-			-	0.00%		
ProfServ-Special Assessment				11,365			-			-			-	0.00%		
ProfServ-Trustee Fees				7,000			3,391			3,391			-	48.44%		
ProfServ-Web Site Development				16			-			-			-	0.00%		
Auditing Services				4,250			-			-			-	0.00%		
Postage and Freight				1,200			100			119			(19)	9.92%		
Insurance - General Liability				15,447			15,447			14,151			1,296	91.61%		
Printing and Binding				2,700			225			69			156	2.56%		
Legal Advertising				2,000			590			590			-	29.50%		
Misc-Assessmnt Collection Cost				9,628			-			-			-	0.00%		
Office Supplies				300			25			-			25	0.00%		
Annual District Filing Fee				175			175			-			175		0.00%		
Total Administration				185,568			29,642			25,085			4,557	13.52%		
Field																	
ProfServ-Field Management				14,000			1,167			1,167			-	8.34%		
Contracts-Landscape				143,645			11,970			11,970			-	8.33%		
Contracts-Aquatic Control				98,000			8,166			8,167			(1)	8.33%		
Contracts-Aquatic Midge Mgmt				152,800			12,733			11,750			983	7.69%		
Electricity - General				1,500			125			159			(34)	10.60%		
R&M-Drainage				3,000			-			-			-	0.00%		

Report Date: 11/29/2017	Page 2		

POINCIANA													Agenda Page 99		
													General Fund		
Community Development District															
Statement of Revenues, Expenditures and Changes in Fund Balances				
	For the Period Ending October 31, 2017							
				ANNUAL											YTD ACTUAL		
				ADOPTED		YEAR TO DATE		YEAR TO DATE		VARIANCE ($)		AS A % OF		
ACCOUNT DESCRIPTION				BUDGET			BUDGET			ACTUAL			FAV(UNFAV)		ADOPTED BUD		
R&M-Mulch				4,500			-			-			-	0.00%		
R&M-Plant Replacement				4,060			-			-			-	0.00%		
Misc-Contingency				14,588			-			-			-		0.00%		
Total Field				436,093			34,161			33,213			948		7.62%		
																
TOTAL EXPENDITURES				621,661			63,803			58,298			5,505	9.38%		
Excess (deficiency) of revenues																	
Over (under) expenditures				-			56,986			62,314			5,328	0.00%		
																
Net change in fund balance	$	-	$	56,986	$	62,314	$	5,328	0.00%		
FUND BALANCE, BEGINNING (OCT 1, 2017)				525,313			525,313			525,313							
FUND BALANCE, ENDING	$	525,313	$	582,299	$	587,627							

Report Date: 11/29/2017	Page 3

POINCIANA													Agenda Page 100		
										Series 2012A Debt Service Fund		
Community Development District												
Statement of Revenues, Expenditures and Changes in Fund Balances				
	For the Period Ending October 31, 2017							
				ANNUAL											YTD ACTUAL		
				ADOPTED		YEAR TO DATE		YEAR TO DATE		VARIANCE ($)		AS A % OF		
ACCOUNT DESCRIPTION				BUDGET			BUDGET			ACTUAL			FAV(UNFAV)		ADOPTED BUD		
REVENUES																	
Interest - Investments	$	500	$	42	$	232	$	190	46.40%		
Interest - Tax Collector				-			-			8			8	0.00%		
Special Assmnts- Tax Collector				1,418,978			-			-			-	0.00%		
Special Assmnts- CDD Collected				382,908			191,454			191,454			-	50.00%		
Special Assmnts- Discounts				(56,759)			-			-			-	0.00%		
																	
TOTAL REVENUES				1,745,627			191,496			191,694			198	10.98%		
EXPENDITURES																	
Administration																	
ProfServ-Property Appraiser				28,379			-			-			-	0.00%		
Misc-Assessmnt Collection Cost				28,380			-			-			-		0.00%		
Total Administration				56,759			-			-			-	0.00%		
Debt Service																	
Principal Debt Retirement A-1				580,000			-			-			-	0.00%		
Principal Debt Retirement A-2				270,000			-			-			-	0.00%		
Interest Expense Series A-1				437,100			-			-			-	0.00%		
Interest Expense Series A-2				337,563			-			-			-		0.00%		
Total Debt Service				1,624,663			-			-			-	0.00%		
																	
TOTAL EXPENDITURES				1,681,422			-			-			-	0.00%		
Excess (deficiency) of revenues																	
Over (under) expenditures				64,205			191,496			191,694			198		n/a		
OTHER FINANCING SOURCES (USES)																	
																	
Contribution to (Use of) Fund Balance				64,205			-			-			-	0.00%		
																	
TOTAL FINANCING SOURCES (USES)				64,205			-			-			-	0.00%		
Net change in fund balance	$	64,205	$	191,496	$	191,694	$	198		n/a		
FUND BALANCE, BEGINNING (OCT 1, 2017)				1,395,868			1,395,868			1,395,868							
FUND BALANCE, ENDING	$	1,460,073	$	1,587,364	$	1,587,562							

Report Date: 11/29/2017	Page 4

Agenda Page 101

POINCIANA

Community Development District

Supporting Schedules

October 31, 2017

POINCIANA				Agenda Page 102		
						All Funds		
Community Development District							
		Cash and Investment Report						
		October 31, 2017						
Account Name	Bank Name	CD Issuer/Investment Type	Maturity	Yield		Balance		
GENERAL FUND								
Checking Account - Operating	CenterState Bank	Checking account	n/a	0.25%	$	353,246		
				Subtotal	$	353,246		
36 month CD	CenterState Bank	CD	7/6/20	1.00%		107,731		
Money Market Account	BankUnited	MMA	n/a	0.78%	$	51,857		
				Subtotal	$	51,857		
			General Fund Sub-total				
				$	512,834		
DEBT SERVICE AND CAPITAL PROJECT FUNDS							
Series 2012A-1 Redemption	US BANK	First American Government Obligation	n/a	0.00%	$	4,351		
Series 2012A-2 Redemption	US BANK	First American Government Obligation	n/a	0.00%	$	23,309		
Series 2012 A-1  Reserve Fund	US BANK	First American Government Obligation	n/a	0.00%	$	535,748		
Series 2012 A-2  Reserve Fund	US BANK	First American Government Obligation	n/a	0.00%	$	322,618		
Series 2012 A Revenue Fund	US BANK	First American Government Obligation	n/a	0.00%	$	701,522		
		Debt Service and Capital Funds Sub-Total				
			$	1,587,548		
								
				Total	$	2,100,381		

Report Date: 11/29/2017	Page 5

Poinciana CDD		Agenda Page 103	
Bank Reconciliation			
Bank Account No.	3173	CenterState Bank - GF	
Statement No.	10-17		
Statement Date	10/31/2017		

G/L Balance (LCY)	353,245.60		Statement Balance	354,443.20				
	G/L Balance	353,245.60		Outstanding Deposits	0.00				
Positive Adjustments	0.00	Subtotal						
			354,443.20				

	Subtotal	353,245.60		Outstanding Checks	1,197.60				
Negative Adjustments	0.00	Differences	0.00				
Ending G/L Balance				Ending Balance						
	353,245.60			353,245.60				
	Difference	0.00							
Posting	Document	Document				Cleared			
Date	Type	No.	Description	Amount	Amount	Difference		
Outstanding Checks										
10/25/2017	Payment	2522		FEDEX	89.40	0.00	89.40		
10/26/2017	Payment	2525		DAVID LANE	369.40	0.00	369.40		
10/26/2017	Payment	2526		ROBERT W. ZIMBARDI	369.40	0.00	369.40		
10/26/2017	Payment	2528		RICHARD W. KELLOGG	369.40	0.00	369.40		
Total Outstanding Checks......................................................................................................................		1,197.60		1,197.60		

Page 6

Page 7	

Agenda Page 104

					POINCIANA					
				Community Development District					
											
				Payment Register by Bank Account					
				For the Period from 10/01/2017 to 10/31/2017					
					(Sorted by Check / ACH No.)					
											
Pymt	Check /	Date	Payee	Payee	Invoice No.	Payment Description	Invoice / GL Description	G/L Account #	Amount		
Type	ACH No.		Type						Paid		
											
CENTERSTATE BANK - GF - (ACCT# XXXXX3173)							
Check	2512	10/06/17	Vendor	FISHKIND & ASSOCIATES	20930A	TRAVEL EXPENSES/REV TRANSCRPT	Due From Developer	130000	$7,150.00		
Check	2513	10/06/17	Vendor	FLORALAWN 2, LLC.	2031	LAWN MAINTENANCE OCT 2017	Contracts-Landscape	001-534050-53901	$11,970.42		
Check	2514	10/06/17	Vendor	HOPPING, GREEN & SAMS	95619	GEN COUNSEL THRU JULY 2017	ProfServ-Legal Services	001-531023-51401	$1,913.31		
Check	2514	10/06/17	Vendor	HOPPING, GREEN & SAMS	96103	AUG GEN COUNSEL	ProfServ-Legal Services	001-531023-51401	$2,594.12		
Check	2515	10/06/17	Vendor	THE LEDGER	1004444	JT MTG/2018 MTG SCHEDULE	302313	001-548002-51301	$660.33		
Check	2516	10/12/17	Vendor	HOPPING, GREEN & SAMS	95621	SALE REC CTR THRU JULY 2017	Due From Developer	001-130000-51401	$150,426.79		
Check	2517	10/12/17	Vendor	MOYER MANAGEMENT GROUP, INC	100617	WEBSITE MGMT P/E 9/27/17	ProfServ-Web Site Development	001-531047-51301	$62.00		
Check	2518	10/12/17	Vendor	PUBLIC RISK INSURANCE	52347	10/1/17-10/1/18 PUBLIC OFFICIA	Insurance - General Liability	001-545002-51301	$2,340.00		
Check	2518	10/12/17	Vendor	PUBLIC RISK INSURANCE	52346	10/1/17-10/1/18 LIAB INS	Insurance - General Liability	001-545002-51301	$11,811.00		
Check	2519	10/18/17	Vendor	ATKINS NORTH AMERICA, INC	1866635	7/31-8/27/17 AMENITY ACQUISITI	AMENITY ACQUISITION	001-130000-51501	$1,418.00		
Check	2520	10/18/17	Vendor	CLARKE AQUATIC SERVICE, INC.	3231287	AQUATIC SVC OCTOBER 2017	Contracts-Aquatic Control	001-534067-53901	$8,166.66		
Check	2521	10/18/17	Vendor	HOPPING, GREEN & SAMS	96104	8/1 PROJECT CONSTRUCTION	Due From Developer	001-130000-51401	$145.00		
Check	2522	10/25/17	Vendor	FEDEX	5-962-85397	OCT POSTAGE	Postage and Freight	001-541006-51301	$89.40		
Check	2523	10/25/17	Vendor	HOPPING, GREEN & SAMS		***Voided Voided****			$0.00		
Check	2524	10/25/17	Vendor	THE LEDGER	L060G0I7DU	10/18/17 MTG NOTICE	Legal Advertising	001-548002-51301	$262.50		
Check	2524	10/25/17	Vendor	THE LEDGER	L060G0I7DT	10/18/17 JOINT MTG	Legal Advertising	001-548002-51301	$327.83		
Check	2525	10/26/17	Employee	DAVID LANE	PAYROLL	October 26, 2017 Payroll Posting			$369.40		
Check	2526	10/26/17	Employee	ROBERT W. ZIMBARDI	PAYROLL	October 26, 2017 Payroll Posting			$369.40		
Check	2527	10/26/17	Employee	LERUE M. STELLFOX	PAYROLL	October 26, 2017 Payroll Posting			$369.40		
Check	2528	10/26/17	Employee	RICHARD W. KELLOGG	PAYROLL	October 26, 2017 Payroll Posting			$369.40		
Check	2529	10/26/17	Employee	LITA B. EPSTEIN	PAYROLL	October 26, 2017 Payroll Posting			$369.40		
ACH	DD113	10/20/17	Vendor	DUKE ENERGY	082817-39182	8/29-9/28/17 ELEC	48750-39182	001-543006-53901	$28.96		
ACH	DD114	10/20/17	Vendor	DUKE ENERGY	092817-08008	8/29-9/28/17 ELEC	87555-08008	001-543006-53901	$104.31		
								Account Total			
									$201,317.63		

								Total Amount Paid	$201,317.63		
											
				Total Amount Paid - Breakdown by Fund						
				Fund	Amount						
				General Fund - 001	201,317.63						
											
				Total	201,317.63						

Agenda Page 105

10B.

Agenda Page 106

AUDITOR SELECTION
EVALUATION CRITERIA

1.	Ability of Personnel.	(20 Points)

(E.g., geographic locations of the firm’s headquarters or permanent office in relation to the project; capabilities and experience of key personnel; present ability to manage this project; evaluation of existing workload; proposed staffing levels, etc.)

2.	Proposer’s Experience.	(20 Points)

(E.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other Community Development Districts in other contracts; character, integrity, reputation, of respondent, etc.)

3.	Understanding of Scope of Work.	(20 Points)

Extent to which the proposal demonstrates an understanding of the District’s needs for the services requested.

4.	Ability to Furnish the Required Services.	(20 Points)

Extent to which the proposal demonstrates the adequacy of Proposer’s financial resources and stability as a business entity necessary to complete the services required (E.g., the existence of any natural disaster plan for business operations).

5	Price.	(20 Points)

Points will be awarded based upon the price bid for the rendering of the services and reasonableness of the price to the services.

Agenda Page 107

SAMPLE

POINCIANA COMMUNITY DEVELOPMENT DISTRICT
REQUEST FOR PROPOSALS

District Auditing Services for Fiscal Year 2017
Polk County, Florida

INSTRUCTIONS TO PROPOSERS
SECTION 1.   DUE DATE. Sealed proposals must be received no later than

, at the offices of the District Manager, located at 210 North University Drive, Suite 702, Coral Springs, FL 33071. Proposals will be publicly opened at that time.

SECTION 2.   FAMILIARITY  WITH  THE  LAW.  By submitting  a  proposal,  the

Proposer is assumed to be familiar with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations.

SECTION 3.   QUALIFICATIONS OF PROPOSER.  The contract, if awarded, will

only be awarded to a responsible Proposer who is qualified by experience and licensing to do the work specified herein. The Proposer shall submit with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared to complete the work to the satisfaction of the District.

SECTION 4.   SUBMISSION  OF  ONLY  ONE  PROPOSAL.	Proposers  shall  be

disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

SECTION 5. SUBMISSION OF PROPOSAL. Submit seven (7) copies of the Proposal Documents as well as one (1) electronic copy on a flash drive, and other requested attachments at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the title “Auditing Services – “Poinciana Community Development District” on the face of it.

SECTION 6.   MODIFICATION AND WITHDRAWAL.  Proposals may be modified

or withdrawn by an appropriate document duly executed and delivered to the place where proposals are to be submitted at any time prior to the time and date the proposals are due. No proposal may be withdrawn after opening for a period of ninety (90) days.

SECTION 7. PROPOSAL DOCUMENTS. The proposal documents shall consist of the notice announcing the request for proposals, these instructions, the Evaluation

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Criteria Sheet and a proposal with all required documentation pursuant to Section 12 of these instructions (the “Proposal Documents”).

SECTION 8. PROPOSAL. In making its proposal, each Proposer represents that it has read and understands the Proposal Documents and that the proposal is made in accordance therewith.

SECTION 9.   BASIS OF AWARD/RIGHT TO REJECT.  The District reserves the

right to reject any and all proposals, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District.

SECTION 10. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, the Proposer shall enter into and execute a Contract (engagement letter) with the District.

SECTION 11. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District’s limited waiver of liability contained in section 768.28, Florida Statutes, or any other statute or law.

SECTION 12. MISCELLANEOUS. All proposals shall include the following information in addition to any other requirements of the proposal documents.

A.	List position or title of all personnel to perform work on the District audit. Include resumes for each person listed; list years of experience in present position for each party listed and years of related experience.

B.	Describe proposed staffing levels, including resumes with applicable certifications.

C.	Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person.

D.	The lump sum cost of the provision of the services under the proposal

E.	Must perform the audit fieldwork at the office where the District records are maintained.

SECTION 13. PROTESTS. Any protest regarding the Proposal Documents, must be filed in writing, at the offices of the District Manager, within seventy-two (72) hours after the receipt of the proposed contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a

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notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid contract award.

SECTION 14.  EVALUATION  OF  PROPOSALS.   The  criteria  to  be  used  in  the

evaluation of proposals are presented in the Evaluation Criteria Sheet, contained within the Proposal Documents.

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Eleventh Order of Business

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11C

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