Poinciana Community Development District

Agenda Package September 18, 2019

.	.
A	G	E .N D A

Poinciana
Community Development District

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

Septemberll,2019

Board of Supervisors Poinciana Community Development District

Dear  Board Members:

The Board of Supervisors of Poinciana Community Development District will meet Wednesday, September 18, 2019 at 11:00 AM at the Starlite Ballroom, 384 Village Drive, Poinciana, FL. Following is the advance agenda for the meeting:

Roll Call
Pledge of Allegiance
Public Comment Period on Agenda Items
Approval of Minutes of the August 21, 2019 Meeting
Consideration of Agreements
Landscape Maintenance  Agreement with Floralawn Landscape
Aquatic Maintenance Agreement with Clarke Aquatic Services
Midge Control Services Agreement with Oarke Environmental Mosquito Management
Staff Reports
Attorney
Engineer
Discussion of Stormwater Pond Operations
District Manager
Approval of Check Register
Balance Sheet and Income Statement
Field Manager
Field Manager's Report
Customer Complaint Log
Supervisor's Requests
Other Business
General Audience Comments
Next Meeting Date - October 16, 2019
Adjournment

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

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

The fourth order of business is the approval of minutes from the August 21, 2019 meeting. The minutes are enclosed for your review.

The fifth order of business is the consideration of agreements for landscape, aquatic and midge maintenance services. Enclosed for your reference are the current agreements in place. The proposal renewal agreements will be provided under separate cover.

The sixth order of business is Staff Reports. Section B is the Engineer's Report. Sub-Section 1 is the discussion of the stormwater pond operations. There is no  back-up  material.  Section C is the District Manager's Report. Sub-Section 1 includes the check register for approval and Sub­ Section 2 includes the balance sheet and income statement for your  review. Section  D is the Field Manager's Report. The report containing the monthly treatment reports is enclosed  for your review. Sub-Section 2 includes the customer complaint log for review.

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

Sincerely,

George S. Flint District Manager

CC:	Jan A. Carpenter, District Counsel Kathleen Leo, District Engineer Clayton Smith, Field Manager Darrin Mossing, GMS

Enclosures

Ml	UTES

MINUTES OF MEETING POINCIANA
COMMUNITY DEVELOPMENT DISTRICT

The Regular meeting of the Board of Supervisors of the Poinciana Community Development District was held on Wednesday, August 21, 2019 at 11:00 a.m. in the Starlight Ballroom, 384 Village Drive, Poinciana, Florida.

Present and constituting a quorum were:

Lita Epstein Michael Luddy Robert Zimbardi Tony Reed Elizabeth Lambrides

Chairman
Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary

Also, present were:

George Flint Jan Carpenter Kathy Leo Clayton Smith Pete Deglomine Residents

District Manager District Counsel District Engineer Field Manager Clarke

The following is a summary of the discussions and actions taken at the August 21, 2019 Poinciana Community Development District's Board of Supervisors Meeting. Due to a malfunction with the recorder, discussion summary begins under Item 10.

FIRST ORDER OF BUSINESS	Roll Call
Ms. Epstein called the meeting to order and all Board members identified themselves. A quorum was established.

SECOND ORDER OF BUSNESS
The Pledge of Allegiance was recited.

Pledge of Allegiance

THIRD ORDER OF BUSINESS	Public Comment Period on Agenda Items
Ms. Epstein asked for any public comments regarding items on the agenda.

August 21, 2019	Poinciana CDD

FOURTH ORDER OF BUSINESS	Approval  of Minutes  of the June 19, 2019
Meeting

On MOTION by Mr. Reed seconded by Mr. Zimbardi with all in favor, the Minutes of the June 19, 2019 Meeting were approved, as amended.

Ms. Epstein presented the minutes of the June 19, 2019 meeting.

FIFTH ORDER OF BUSINESS	Consideration of Proposal from Clarke
Environmental	to	Provide	Additional Aquatic Midge Control Services
No action taken. Staff to investigate ownership for maintenance responsibilities.

SIXTH ORDER OF BUSINESS	Ratification of Pond Repair Agreement
with All Terrain Tractor Service, Inc.

On MOTION by Mr. Zimbardi seconded by Mr. Luddy with all in favor, the Pond Repair Agreement with All Terrain Tractor Service, Inc., was ratified.

Mr. Flint asked for ratification of the Pond Repair agreement with All Terrain Tractor Service, Inc.

SEVENTH ORDER OF BUSINESS	Ratification of Erosion Repair Agreement
with	Lake	&	Wetland	Management Orlando, Inc.

On MOTION by Mr. Luddy seconded by Mr. Zimbardi with all in favor, the Erosion Repair Agreement with Lake & Wetland Management Orlando, Inc., was ratified.

Mr. Flint asked for ratification of the Erosion Repair agreement with Lake & Wetland Management Orlando, Inc.

EIGHTH ORDER OF BUSINESS	Consideration	of	Resolution	2019-11
Adopting	Revised	Master	Assessment Methodology

On MOTION by Mr. Luddy seconded by Mr. Zimbardi with all in favor, Resolution 2019-11 Adopting Revised Master Assessment Methodology, was approved.

Mr. Flint presented Resolution 2019-11 adopting the revised Master Assessment Methodology. The Board had no questions or comments.

NINTH ORDER OF BUSINESS	Consideration	of	Resolution	2019-14
Authorizing  the  Execution  and Delivery

August 21, 2019	Poinciana CDD

of a Release and Satisfaction Agreement with Avatar Properties, Inc.

On MOTION by Mr. Luddy seconded by Mr. Reed with all in favor, Resolution 2019-14 Authorizing the Execution and Delivery of a Release and Satisfaction Agreement with Avatar Properties, Inc., was approved.

Mr. Flint presented Resolution 2019-14 authorizing the execution and delivery of a Release of Satisfaction Agreement with Avatar Properties, Inc. The resolution was approved with 24 hours for the Board to review. Ifno objections the agreement becomes effective.

TENTH ORDER OF BUSINESS	Public Hearing
Consideration of Resolution 2019-12 Adopting the Fiscal Year 2020 Budget and Relating to the Annual Appropriations
Ms. Epstein opened the public hearing on the budget. Mr. Flint noted there was an update to the current year budget, but no changes to next year's budget. He adjusted the projections for the next two months under stormwater repairs. The revision reflects the fact that they bid out the lake bank repair and it came in lower, that number came down from $110,000 to $88,243. The prior budget showed an ending excess revenue of $34,000 which we eliminated because they are only recognizing enough carryforward to balance the budget. The carryforward surplus needed to balance the budget is $29,363. This does not change next year's budget, it shows that less cash was used to balance the budget.
Mr. Reed asked about the CDD paying a monthly bill for the tunnel. Mr. Flint noted that
he believed the bond funds were used to construct the tunnels. Ms. Leo noted the tunnels were dedicated to the CDD many years ago. Mr. Reed expressed his concern that tunnels are extremely expensive to repair or change. He mentioned his suggestion at a prior meeting to consider a long-range planning budget, and putting reserve money in. Mr. Reed noted that specifications and building codes are minimum standards, and minimum standards do not provide longevity. He noted his issue with the CDD having major construction repairs on the ponds with such a short life span, and suggested the concrete used was not strong enough.
Mr. Reed asked what the Town Center Commercial amounts were on the budget. Mr.
Flint noted the commercial uses also pay assessments, when the methodology was prepared 72 equivalent residential units were assigned to the commercial area for purposes of paying debt service and operating and maintenance expenses.

August 21, 2019	Poinciana CDD

Mr. Luddy asked if bonds were used to build the tunnels originally or if it was built at builder's expense and then later handed over to the CDD. Ms. Leo noted she would have to consult the methodology, Engineer's Report, and requisitions that were funded. Mr. Flint noted when CDD's issue bonds there is never enough  money to cover all of the eligible infrastructure. A portion of the infrastructure is typically going to be developer funded then conveyed. The Engineer's Report will identify the eligible costs, which may exceed the amount of construction funds that are available in the bonds.

On MOTION by Mr. Zimbardi seconded by Mr. Luddy with all in favor, Resolution 2019-12 Adopting the Fiscal Year 2020 Budget and Relating to the Annual Appropriations.

Consideration of Resolution 2019-13 Imposing Special Assessments and Certifying an Assessment Roll

On MOTION by Mr. Luddy seconded by Mr. Zimbardi with all in favor, Resolution 2019-13 Imposing Special Assessments and Certifying an Assessment Roll, was approved.

Ms. Carpenter noted the first resolution adopts the budget and the total amount, this resolution imposes the assessments to pay the budget amount. It's a two-step process.

The public hearing was closed at this time.

ELEVENTH ORDER OF BUSINESS	Staff Reports
Attorney
Ms. Carpenter noted their attorney Johnathan Stimler, who the Board had met, had an offer to move home with his family so he has since left their firm. She noted Mr. Mike Beaudine would now oversee the litigation for them. All they currently have is the Motion to Tax Costs, which is in the process of trying to get a hearing set to hear the motion for an extension of time for them to produce the costs.

On MOTION by Mr. Zimbardi seconded by Mr. Reed with all in favor, the Motion for Substitution of Counsel, was ratified.

Ratification of Motion for Substitution of Counsel

Engineer

August 21, 2019	Poinciana COD

Ms. Leo noted they only had general maintenance items the last month. Ms. Epstein inquired about a plan for next year regarding repairs or updates. Ms. Leo noted they had not done an independent inspection again since repairs were ongoing. She wanted to wait until the repairs were complete, and in the dry season do another inspection. Ms. Epstein stated that was good.

District Manager
Approval of Check Register
Mr. Flint presented the Check Register from July 10th through August 13th for

On MOTION by Mr. Zimbardi seconded by Mr. Reed with all in favor the Check Register totaling $96,105.05, was approved.

$96,105.05. The Board had no questions.

Balance Sheet and Income Statement

On MOTION by Mr. Zimbardi seconded by Mr. Luddy with all in favor, the Balance Sheet and Income Statements, were approved.

Mr. Flint presented the unaudited financial statements through July 31, 2019. The Board had no questions. He noted they are basically 100% collected on the on-roll and off-roll assessments. They are slightly under the prorated projected interest earnings. On the expense side, they have $496,000 in expenses against a prorated budget of $564,000.

Approval of Fiscal Year 2020 Meeting Schedule

On MOTION by Mr. Reed seconded by Mr. Zimbardi with all in favor, the Fiscal Year 2020 Meeting Schedule, was approved.

Ms. Epstein presented the 2020 meeting schedule. Mr. Flint noted it follows the same practice of the third Wednesday of every month at 11:00 a.m. Ms. Epstein suggested keeping the monthly meetings and decide per meeting if they need to cancel the next meeting or keep it. A few Board members mentioned having a conflict with the December meeting.

Field Manager
Field Manager's Report
Mr. Smith noted the aerator maintenance has been very complicated due to the weather and that he worked with the manufacturer to adjust the voltage so fuses aren't being blown. Mr. Smith stated he is looking into warranty options for the compressors on the aerators as well and

August 21, 2019	Poinciana CDD

that they are inventorying and documenting any possible priority repairs regarding the pond for next budget year. They are looking to repair the mitered ends and the erosion around them. He noted that GMS purchased a side-by-side vehicle that has greatly improved the speed at which they can review the ponds and take care of issues there.
Mr. Smith noted for additional upcoming items coming up, they have the pond bank restoration to restore all of pond E-31 and parts of D-2. He stated his opinion that the tunnels do not need to be pressure washed at the moment, as they were pressure washed 4-6 months ago. He suggested pressure washing some time during the beginning of fiscal year 2020. Mr. Smith reviewed Clarke's monthly midge treatment report for July.

Customer Complaint Log
Mr. Smith reviewed the customer complaint log. He noted they had two complaints from pond B-16 which is not a contracted pond. He found no great evidence of midges but they are following through with a courtesy barrier spray.
The Board discussed why they paid for pond B-5 when they don't own it. Mr. Flint noted it was a small amount and they would need to go back and review that. There was likely confusion at the time about whether it was turned over or not. Mr. Flint stated they are in the process of removing the B-5 pond from the Floralawn and Clarke contracts.
Mr. Reed stated he would like to see a revised maintenance  records system  established for every pond in Solivita. Mr. Flint noted they have that from the prior counsel, he and Ms. Leo are going through it to make sure it is up to date. It shows the date of transfer to the District, references the warranty deed, references whether it is in the landscape contract or lake maintenance contract, etc. Mr. Luddy asked if that information could be accessible through the CDD website so residents could see it. Mr. Flint noted the map would probably be easier to read and understand, however everything on the website must be ADA compliant. The more they put on the website, the more expensive it becomes.
Mr. Zimbardi asked about details of removing supports from palm trees. Mr. Smith noted he would take a look at the trees Mr. Zimbardi pointed out to him. Mr. Zimbardi suggested Clayton look into a nano bubbler aerator and research them.
Mr. Luddy asked what natural methods could be used to manage the ponds. He asked Mr. Smith to research that so they could begin weaning off using so many chemicals. Mr. Flint noted

August 21, 2019	Poinciana CDD

the District has used several methods. They've done aeration and stocked the ponds with fish. Mr. Flint introduced the option of planting, and Ms. Leo agreed that planting would be the next natural option to try.

TWELTH ORDER OF BUSINESS	Supervisor's Requests
Mr. Reed noted he reviewed the pond agreements and maintenance contracts, and most of them refer to Osceola County. He stated that a lot of their ponds are located in Polk County. He suggested modifying the contracts or going forward make sure the correct county is used.

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

FOURTEENTH ORDER OF BUSINESS

Other Business

General Audience Comments

Resident (Unidentified) asked a question regarding platted versus unplatted lots and assessments. The resident asked who invoices and who keeps track of who has paid versus who owes. Mr. Flint explained the assessment roll that lists all the platted lots within Poinciana. He noted they certify it for collection to the County, the County places it on the tax bill, and then as people pay taxes they track it. The resident asked who invoices Taylor Morrison, and Mr. Flint noted they send them direct bills. He pointed out in the current financials under direct assessments, they are fully paid for the current year. The resident asked why for next year, they aren't planning on any revenue under that line item. Mr. Flint stated they are anticipated that everything will be platted, and if it's not then they will direct bill for whatever is not.
The resident asked if there were still any discussions about consolidating. Ms. Epstein explained that Charlie Case, the Chairman of the Poinciana West Board, came to the Board in November and said publicly in front of his Board that they did not have any interest in working with the Poinciana Board. The resident asked if they were interested in merging, and Ms. Epstein said absolutely they are. She noted until there is interest from the Poinciana West Board, they won't spend the money to research the cost of merging that the attorney would have to research. The resident stated that he and others would promote that idea. The Board thanked the resident. Mr. Luddy stated that he agreed with the resident and 100% encouraged merging both Boards into one Board. The resident stated he is extremely interested in this community and even reads

August 21, 2019	Poinciana CDD

through Poinciana West's minutes, and noted that they  have outstanding  minutes, so he can be up to date on what is going on in both places.

FIFTEENTH ORDER OF BUSINESS	Next Meeting Date- September 18, 2019
The next meeting is scheduled to be held on September 18, 2019.

On MOTION by Mr. Luddy seconded by Mr. Zimbardi with all in favor the meeting was adjourned.

SIXTEENTH ORDER OF BUSINESS	Adjournment

Secretary/Assistant Secretary	ChairmanNice Chairman

S	ECTION V

S ECTION A

AGREEMENT BETWEEN POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND FLORALAWN2 LLC REGARDING THE PROVISION OF
LANDSCAPE MAINTENANCE SERVICES
This Agreement (the "Agreement'') is made and entered into this 1st day of October, 2018, by and between:

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

Floralawn2 LLC, a Florida limited liability company, whose mailing address is 734 S. Combee Road, Lakeland, Florida 33801 (the "Contractor," and together with the District, the "Parties").

RECITALS

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

WHEREAS, the District desires to retain ari 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 i:>art of this Agreement.
CF!!5a:·.>"'. i T	, -	-	.     .	...	,,....-     •	-	--

SECTION 2.	DESCRIPTION OF WORK AND SERVICES.

The duties, obligations, and responsibilities of the Contractor are to provide the services, labor and materials escribed 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.

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

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

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

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

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

Sl?,CTION 3.	COMPENSATION; TERM.

A. The term of this Agreement shall be from October 1, 2018 through September 30, 2019, unless terminated earlier in accordance with the terms of this Agreement.

0

- ·B:_2tai1Fc:{ifJi,:, 11l	 a ! H 	 a ,:t	fb1{,lt?fl:t ;:,.V- 	"' -
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.

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

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

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

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

--.-.-

:.,_ 1'lcr"10N i-

-..  COVENAN-f:Contracior  hereby  oove  t-o  th b rs  -ict  th tit':hall ·

perform the Services: (i) using its best skill and judgment and in accordance with generally accepted professional and design standards and practices for projects of similar design and complexity as the development occurring within the District; (ii) in compliance with all applicable federal, state, county municipal, building and zoning, land use, environmental, public safety, non-discrimination and disability accessibility laws, codes, ordinances, rules and regulations, including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform; and (iii) in an expeditious and economical manner consistent with the best interest of the District Contractor hereby covenants

to the District that any work product of the Contractor shall not call for the use nor infringe any patent, trademark, services mark, copyright or other proprietary interest claimed or held by any person or business entity absent prior written consent from the District.

SECTION 6 INSURANCE.  Contractor  shall, at its own expense,  maintain insurance during the performance of its Services un9-er this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

Automobile Liability (if applicable)
Bodily Injury and Property Damage

statutory

$1,000,000/$2,000,000
$1,000,000/$2,000,000

$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.

.._ .	- --- 

_i:

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.

-    -.::4  .aQtnt  ieul		-sllilt  will-n ot:- i)   Wiffihold  FJe'A		ai13 l!i!l!ffl{tf  t		to_f'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,  ordinancest   rules.  regulafi:011$, . and. orders .o_f  an,y.  publi  or  govesr.rnn.ental

au

aµthority havipg approprmte Jij!],$(ilction; including· all laws, regulations and rvles relating tp imn1igration and/Qr fu_e.	-	Qf fqreig11 worJ,cer;s. C mh- ctor- shluI initiate, mafutaia, .and supervise all safety ptecautionSi and programs in connecti9n with if	Qbligfl.ti<>n$' h rew. Coti dor  sllall. l'.1.!)UJ;¢  that ajl  of C. ctor'$ emplQy es,  agents,, .suhoonttactors or my6ne ooeotly at indirectly. employed by (Jt)rtfta t6t .obsefyeCoritractgr1s.ntlei &;1.d re. fations o:fsafety and •CQndiJ  t. Contractor ·shall take a·n reasonable precautions .for the safety   l  d $ll:Eill p rovid.. all reason ble protection tq pr vent (;lamag ; injµry o foss tq .all pf it.s 'e mpl(;)yees.	agents artd stibcontractots performing its.obljgations heteirt and other persons w o rn. Y ¢ af.fec.ted, an4 any material. eqµmmen.f d. Qther p.rqperty. C'on1ractQr $ 11 remedy	damaee or ldsl fo. any property  caused :in  whole  or hi ,Pa.rt by Gontr tQ:r,  i1$· e,,iµployees.  agents,,. S1;1bcontracto:rsOf yone cHre(;tly Qr Indirectly "employed by Contractor ot by anyone fot whose a t qgi.lira tor riiaY be H \,le. C;Qµ!J."a¢tor $hall lll k mnj;fy  l)istrict f<>r .all 4 m ge or .fosses it  .may incur or .be exposed to· be ause .of Contractor or any of its employees. c1gents. sul:>¢ontt<Jct9r,s gr	yone cijtecf}y or badireetly employ 1>.y Contrflc,tor" s '( l.l{e to comply with tbe provisions·contained herefu.

SECDON 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.

SEcnON 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.

the

SECTION 12.  AUTHORIZATION.	The execution of . thi Agreement has been duly

ry-}eii!4-li!li:,,..·,.s,;_.«•.•·  ·l-:-!-j;-,-.-,.,a_,;;.;•u.t!M11•·u•t•&•eu'  ey e -opriatelfody or official offle -tffiMct'fil!WeCoii'ffiiaor, ifoth	I>Istrict
and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument.

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

If to Contractor:

If to District:

With a copy to:

Floralawn2 LLC
734 South Combee Road Lakeland, Florida 33801 Attn: - - - - - - - -
Poinciana Community Development District 135 West Central Boulevard, Suite 320
Orlando, Florida 32801 Attn: District Manager

Hopping Green & Sams PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 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 e 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
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Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

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

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

SECTION 18. INDEMNIFICATION.

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

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

SECTION 19.   LIMITATIONS   ON   GoVERNMENTAL	LIABJLITV.	Nothing	in this
Agreement shall be deemed as a waiver of immunity or limits of liability of th·e District beyond
_	81.1:Y s	ry limited w  er of inun ty _?r l ts o _bility whic:m l!fthav"b  !-?..	Jii: 4} Y
-- ""--nl «tnfut A!l1sf!tfure'"Th'.·S1!!lffln 768.28", Flonda tatutlr,·or oilier siF@, and notlili:ig m 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 tennination to the Contractor. The District shall provide thirty (30) days written notice of tennination 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 FJorida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is George Flint ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District. at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format_ that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
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-	T HE	CONTRACTOR'S	DUTY	TO	PROVIDE	PUBLIC
RECORDS RELATING TO TIDS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, GMS-CENTRAL FLORIDA, LLC, AT (407) 841-5524, GFLINT@GMSCFL.COM, OR 135 WEST ENTRAL BOULEVARD, SUITE 320, ORLANDO, FLORIDA 32801.

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SECTION 23. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement sh.ail 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. HEADJNGS 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.

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

Attest:

Secretary/Assistant Secretary

POINCIANA COMMUNITY DEVELOPMENT  DISTRICT

    Chairman, B	ofSupervisors

Witness:

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(Signature of Witne
ffi :el  I    :{;;>A-   	DVwif>DQ
(Print Name of Witness)

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Exhil>-it	: . Sc !e of Services

xiffini B:- N	s cape	ap
Exhibit C: Emergency Preparedness Plan

Exhibit A

Scope of Services

LANDSCAPE MAINTENANCE SPECIFICATIONS

MOWING

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

Contractor shall not mow over or through tree rings intended to be mulched.

ST. AUGUSTINE TURF AND IRRIGATED BAIIlA 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

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

EDGING

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

Contractor shall neatly edge and trim around all plant beds, curbs, walks, streets, trees, tree rings, 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 pt to March 31st. Edging will be done within
24 hours of the scheduled mowing service.

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

DETAILING OF PLANTED AREAS

This service is defined as the trimming, weeding by mechanical or chemical means, pruning, and shaping of all shrubbery, ornamentals, and groundcover, removal of  tree suckers as well as the defining of bed lines, tree saucers, tree rings, 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.

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TREES

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

Palm trees up to (12') feet of clear trunk will be trimmed based on University of Florida' s recommendations of 100% browning. All Palms on property will be trimmed at 3  to  9  o'clock. Palm trees up to 12 foot (ct) will be pruned during  the  routine  detail  rotation.  Fronds removed before such time will be at the request of the District,  with  the  District talcing 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 weak.er of the two limbs that are crossing or rubbing.

PrW1e 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.

S. BLOWING
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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.

MONITORING
All turf, shrubs, ornamentals and groundcovers are to be monitored for pest, disease and nutrient  problems  with  positive  findings  being  reported,  in  writing.	If the problem is a

covered item under the provisions of this contract, immediate steps will be taken to rectify the problem. If a treatment is not in effect or not available, contractor will provide an estimate based on time and materials needed for effective treatment.

TRASH REMOVAL

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

DEBRIS REMOVAL

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

DEAD WOOD/ MATTER

Dead or otherwise haz.ardous (broken) tree branches shall be removed promptly if they are within fifteen (15') feet of a hard surface. Dead or otherwise hazardous tree branches that are above the contract specifications should be brought to the attention of the District for pre­ approval and subsequent immediate removal.

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

CONTRACTOR'S PERFORMANCE AND APPEARANCE

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

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NEGLECT AND VANDALISM

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contractor's operations, negligence or chemicals, shall be replaced immediately at no cost to the District. If plant damage or death is caused by conditions beyond the landscape maintenance contractor's control, replacement shall be at the District's expense.

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

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

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

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

Pond banks shall be fertilized semi-annually. This should only be done by owner's request.
Technicians will give appropriate notification to persons in the immediate area of impending chemical applications.
Application reports giving the date, type of chemical applied, application rates, name of technician and company shall be given to the District's management company.
Copies of manufacturer labels and Material Safety Data Sheets shall be provided to the District's management company.
All materials will be used as approved for intended use by the regulatory standards.
All materials shall be applied per the manufacturer's specifications and guidelines.
Lawn and pesticide signs shall be posted at the home or common area after the use of chemicals for safety and compliance.
The District Manager and representatives of the District reserve right to be present when chemicals are being mixed and applied.
Specifications are performance based and ultimately insect/disease & weed control to the
complete satisfaction of the District is the responsibility of the contractor.

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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 fertiliz.ers 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 compl te 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.

The lawn treatments should consist of a minimum of four blanket applications and minimum three 1PM 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.

1PM Defined- Contractor must utilize and employ an Integrated Pest Management Program or IPM program. This program is designed based off of key points of interest suggested by the University of Florida. The key elements are as follows:

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

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

In Polk County with an adopted  fertilizer ordinance,.the Polk ordinance shall prevail and serve as a guide to nutrient selection and timing. Please check the following Polk County ordinance at http://polk.ifas.ufl.edu/AG Safety/files/pd£1publications/laws/PolkCoFertilizerMgmtOrdinance.p df

-

Turf Weed Control: The control of broad.leaf weeds will be included in the Contractors program. Herbicides should be applied only when temperatures are below 90 degrees and wind

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Due to the unavailability or restricted use of effective control products, the prevention or control of Crabgrass, Bermuda. grass, and select Sedges are not part of this proposal. It is understood that at the expense of the District, any areas of select Crabgrass, Bermuda & select Sedge can be replaced by the Contractor.
Weed control is to be maintained at no less than 90%.

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

Ant control and other pesticide and/or fungicide applications above and beyond the
standard program will be included in this contract.

Preventative grub control is expected and curative spot control is also expected.

TURF CARESPECIFICATIONS: 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 turfs 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.(< lO' ) 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 Polle County with an adopted fertilizer ordinance, the Polle County ordinance shall prevail and serve as a guide to nutrient selection and timing.
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Integrated Pest Management: Pesticides will only be used on .an as-needed basis and only in the general areas having the problem. A curative approach shall be implemented for insect and disease management in turf and landscape areas when damaging  thresholds have been identified as negatively impacting either, health or aesthetics. In areas where problems persist, then a preventative approach should be implemented.

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

ORNAMENTAL PALM TREE PROGRAM:

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

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

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

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

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

Bud and root drenching for specific insect/disease problems are not to be included but
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WARRANTY

If a plant, shrub or tree dies from insect or disease damage while under this tree/ shrub/palm care program, it will be replaced, at no cost to the District, with one of equal value and that is reasonably available and approved by the District.

IRRIGATION MAINTENANCE SPECIFICATIONS
This service is defined as inspection & repair of the irrigation system by the contractor for the community common areas. Any damage caused by contractor activity shall be repaired by the contractor at the contractor's expense.

Minor repairs will be made at the time of inspection or during wo_rk 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.

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

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

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

SERVICE SPECIFICATIONS

Timing of irrigation operation must adhere to any water restrictions in effect
within the property jurisdiction.
The following items shall be accomplished each month for common areas:

Activate each zone of the system.

Visually check and replace as necessary of any damaged or malfunctioning heads in District-owned lands. This should be done weekly by area supervisor or irrigation tech.
Clean and/or adjust any heads not functioning properly. The District will be allowed to inspect any heads that he may be charged for.
Report any valve or valve box that may be malfunctioning or damaged in any way.
Adjust controllers to the watering needs as dictated by environmental conditions.
Inspect and adjust rain sensors as needed.

Insure that all valves that are marked remain sufficiently marked to allow a person unfamiliar with the system to locate.
Provide a monthly written report detailing inspection results by  clock  and zone.

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effectiven-ess.

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

The written proposal shall include:

Hourly rate for irrigation tech

Necessary materials

Contractor must provide and possess experience in operation of central control irrigation systems.

STORM PREPARATION

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

SPECIAL SERVICES SPECIFICATIONS

MULCH

It is anticipated 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 oer Bale	
100 Bales	$8.00	
5Q~0 Bales	$7.50	
1,000 Bales	$7.25	
5,000 Bales	$7.00	

As part of this agreement it is expected that the contractor will provide ongoing extensive communication to the District Manager and Residents of the community. Communications include but are not limited to:
Daily work orders

Daily updates as needed for "Solivita Live"

Weekly email blast
Monthly mow schedule

Monthly detail schedule
Monthly newsletter article
Special project schedules (i.e. mulching, palm & tree pruning)

Appendix I

Types of  Machinery Used at Solivita

Pond Banlcs:

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

FlatAreas:

70 inch mowing deck mower

ExhibitB

The following pond banks and adjacent areas owned by the District, as identified on the attached map dated June 2018, are included within the scope of this agreement:

A-1, A2, A-3, A-4, A-S, A-6, A-7, A-8, A-9, A-l0A, A-l0B, A-11, A-12, A-13, A-20, A-21, A-22; and

B-1, B-3, B-5, B-6, B-11, B-15, B-16; and

C-1'''C-2  C-3  C-6,A  C-6,B  C,-8  C-9' C-10' C-1, 1  C-12' C-13' C-14' C-1, 5  C-16' C-17, C-18, C-19, C-20; and

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D-1 D-2 D-3 D-4 D-5  D-6  D-7  D-8  D-9  D-10  D-11· and '''
E-1, E-2, E-3, E-5, E-6, E-8, E-11, E-18, E-19, E-21, E-31; and

F-7.

Landscape Maintenance Map

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SO L'i)}J TA POINCIANA CDD WETI.AND & POND OWNERSHIP MAP

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ExhibitC

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 stonn events and other natural emergencies on the Districtjobsite within the District's boundaries. This plan is to be utilized as the minimal procedures to be followed during preparation for stonn 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.

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The District will appoint a representative referred to as the Stonn Emergency Preparedness Coordinator (SEPC) who will closely monitor the weather conditions during the hurricane season, which runs from June I•t to November 301h 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 stonn has passed, unless authorized by the SEPC. After the storm has passed, thejobsite 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 counciVgroup ("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.	  		 		 	

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labor and equipment on site within twelve (12) hours of the storm passing to begin cleanup and restoration
operations.

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

It is expected that, as a matter of protocol, the Contractor will also monitor the weather for tropical storms,

hurricanes, and other weather events that may create emergency conditions throughout the year. The key to providing the safest environment and protection of the landscape and hardscape assets located within the District is based upon preparations, stonn awareness, communication, and response.

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

During the stonn 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
Ducttape
Plastic garbage bags -large yard size
RainSuit
l 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)
Leafblower(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

Where potential for a hurricane landfall, or other natural emergency, is expected within a five {S) day period, or in the event the area is placed under a "HURRICANE WATCH," the following shall occur:

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

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

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

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

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

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

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

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

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

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

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

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

Have all temporary port-o-lets p\llllped out, tied down or removed.
Have all trash dumpsters emptied or removed

Top off all equipment with fuel in the event that fuel supply becomes short or service stations are
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All water containers should be filled with potable water to capacity.

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

Board up all windows in field office (if applicable), or protect them with stonn shutters.
Disconnect all field office (ifapplicable) electrical equipment (computers, copiers, etc.).

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

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

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

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

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

1 Day Plan: (Hurricane is Eminent)
The CPS shall establish communication with the SEPC regarding the eminence of a stonn/hurricane/emergency and review site specific protocols to be utilized by the SEPC and by the CPS. C01mmmication 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 stonn event.

The CPS shall notify the Contractor's Safety Manager and/or supervisory personnel of the preparations at thejobsite 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 stonn. In the event of an evacuation, the Contractor's employees shall be offered evacuation and encouraged to participate in an evacuation plan. Before any evacuation, the following shall be completed:

Remove any scaffolding.

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

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

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

Ensure first aid kits are fully stocked.

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Identify debris collection locations.

Place flashlight, fresh batteries, first aid kit and/or emergency kit in appropriate company vehicles. In the
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Generators shall be placed in a point of easy access for first retrieval.

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

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

After the storm: (Post Hurricane)

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

The SEPC in conjunction with the CPS and the Contractor's supervisory personnel shall evaluate the earliest time for resuming work on the jobsite and shall implement plans to that effect. Assistance with clean-up ofnon-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 stonn.

The priorities will be:

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

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

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

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

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

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SECTION 8

AGREEMENT BETWEEN POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND CLARKE AQUATIC SERVICES, INC. FOR THE PROVISION OF AQUATIC MAINTENANCE SERVICES

This Agreement (the "Agreement") is made and entered into as of the 1st day of October,
2018, by and between:

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

Clarke Aquatic Semces, Inc. an Illinois corporatio whose local  address  is 3036 Michigan Avenue, Kissimmee, Florida 34744 (the "Contractor," and together with the District, the "Parties").

RECITALS

WHEREAS, the District was established to plan, construct, install, acquire, finance, manage, and operate public improvements and community facilities pursuant to Chapter 190, Florida Statutes.; and

WHEREAS, the District has a need to retain an independent contractor to provide aquatic maintenance services for the stormwater management ponds within the District; and

WHEREAS, the Contractor submitted a price quotation and represents that it is qualified to serve as an aquatic maintenance contractor and provide such services to the District.

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:

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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.

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SECTION 2.	MANNER OF CONTRACfOR'S PERFORMANCE.

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A. The Contractor shall provide the specific aquatic maintenance services as shown in Exhibit A, attached and incorporated herein (the ..Services") within the storm.water management ponds within the District idcmti:fied in Exhibit B, attached and incorporated herein.

B, 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 including the Florida Friendly green

industry standards of the Florida Department of Environmental Protection. Any additional compensation for additional services shall be paid only as negotiated between the parties and upon the written authoriz.ation of the District.

At no time shall the Contractor utilize any products, compounds, or materials that contain copper in any fonn in any of the water bodies within the project area unless such products, compounds, or materials are specifically approved for usage in water bodies by both the U.S. Environmental Protection Agency and the State of Florida. Usage of such products, compounds, or materials must also be in compliance with applicable Southwest Florida Water Management District ("SWFWMD") rules and any and all SWFWMD permits issued to the District

Contractor shall ensure that employees who work with registered and restricted-use herbicides are certified as to qualifications for handling and applying material safely and correctly in accordance with the Florida Pesticide Law administered by the Florida Department of Agriculture and Consumer Services. Due to the presence of wetlands, such employees shall possess a Florida Aquatic Pesticide License and other applicable certifications. The Contractor shall also be familiar with the Fish and Wildlife Conservation Commission's Chapter 68F-20: Aquatic Plant Management Permits. Prior to the utilization of herbicides on site, the Contractor will furnish to the District, copies of all required licenses and applicable pennits for treatment and/or removal of aquatic plants in waters of the State. The Contractor shall at all times abide by each herbicide label.

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.

The Contractor shall report directly to the District's Designee who shall be the District 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. Contractor agrees to repair any

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SECTION 3.	COMPENSATION; TERM.

As compensation for the Services described in this Agreement and Exhibit A, the District shall pay Contractor Eight Thousand Six Hundred Sixteen Dollars and Sixty­ Six Cents ($8,616.66) per month, which amount includes all tools, labor, and materials necessary to complete the Services. The tenn of this Agreement shall be from October 1, 2018 through September 30, 2019, unless terminated earlier in accordance with the terms of this Agreement.

If the District should desire additional work or services not  provided  in Exhibit  A, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement as set forth in Section 4 herein.

The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, material me 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 truces, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render an invoice to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. This invoice is due and payable within forty-five (45) days of receipt by the District, or in accordance with Florida's Prompt Payment Act, whichever is sooner. The invoice shall include such supporting information as the District may reasonably require the Contractor to provide.

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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 mitten 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 represents 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
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or deducted services proposed by the change order as reasonably determined by the District in
conference with the Contractor.

SECTION 5. INSURANCE. Contractor shall, at its own expense, maintain insurance during the performance of the Services under this Agreement, with limits of liability not less than the following:

Workers Compensation	statutory

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

Automobile Liability (if applicable)

$1,000,000
$1,000,000

Bodily Injury and Property Damage	$1,000,000	
Pollution Liability	$1,000,000	
Herbicide/Pesticide Applicators Coverage	$1,000,000	

Contractor shall provide the 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 6. 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.
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Contractor shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or m.aterialmen, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order,

request to comply notice, or report of a violation or an alleged violation, the  District  may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION 8.	DEFAULT AND PROTECTION AGAINSI' 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 9.  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 attorney's fees, paralegal fees, expert witness fees and  costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 10.  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 11. 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 tenns and provisions of this instrument.

SECTION 12. 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:

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If to District:

 	
With a copy to:

If to Contractor:

Poinciana Community Development District 135 West Central Boulevard, Suite 320 Orlando, Florida 3280I

Attn: District Manager

Hopping Green & Sams PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Michael C. Eckert

Clarke Aquatic Services, Inc.
3036 Michigan Avenue
Kissimmee, Florida 34744 Attn: Pete Deglomine

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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, SWldays, 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 13. 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 14. TlllRD PARTY BENEFICIARIES.  This Agreement is  solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

SECTION 15. 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.

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SECTION 16.  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.  V-enue shall be in Polle Cou--n	Florida.- - 	 	
SECTION 17. INDEMNIFICATION.

Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Services to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement

proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District's percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the  District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

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

SECTION 18.   LIMITATIONS	ON   GOVERNMENTAL	LIABILITY.	Nothing in 1his
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 19. TERMINATION. The District agrees that the Contractor may terminate this Agreement for cause by providing thirty (30) days written notice of tennination 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 oftennination 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 20. OWNERSHIP OF DOCUMENTS. All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation,

_	 .,, _          yen,  on_ • reports. o  _other:	b	work pr°.d  -   i?inall   devel<>,:ped  by C?   	'?	p urjl anc t

....	-.-..  · --io this AgreemenF"slialrTe· aiffl··remain"lffl!  sole"'ruia  fflTus1ve  property  orlhe  D1stncr when
developed and shall be considered work for hire.

SECTION 21. COMPLIANCE WITH PUBLIC RECORDS LA ws. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is George Flint ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain

_ j'I £

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 fonnat 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 PUBUC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, GMS-CENTRAL FLORIDA, LLC, AT (407) 841-5S24, GFLINT@GMSCFL.COM, OR 135 WEST CENTRAL BOULEVARD, SUITE 320, ORLANDO, FLORIDA 32801.

SECTION 22. 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 23. 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 24. ENTIRE AGREEMENT. This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement.

[SIGNATURES ON NEXT PAGE]

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.

-

ATTEST:

Wi1ness

POINCIANA COMMUNITY
DEVELOPMENT DISTRICT

Chairman, Boar'supervisors

ARKETIC SERVICES, INC.

IL J

.,

By:	-c. .	t:	f ot'\'\.; I\.
Its:   C e """'f Lo l   	,,,,vz'-S    /   1"4A,  J

Exhibit A: ExhibitB:

Scope of Services
Identification of Ponds

 	 

of

Exhibit A
scope
Services

Poineiana COO
Aquiic PhintMaint

t.	PROJECT SCOPE

Scopeof Services

Scope of ScrvlctS
Scptember2013

The Contnidot shaU perfo!:1'3 maintem.nce tel'Vicell of t .Poinciillla CDD Poo.ds shown on themap in Eldiibil D.
MJintmanc:e services of the areas abilwn in the Conll8Ct Drawing_a will iiiohlde, but are not Jimited to, b'eatment
.n:inowl and olfsitc disposal of"nui1;&nce vegetation" and alp ireatrneat. '11ili removal or treatment ·of nuisance species shall oa:ur at a frcqucn1:y that prohibits flowor s:eecl pro4w:tion. The    c:escrvic:es will.c;om jlly with. the irmnents 11111 forth wit\ill thisScope of Scrvi!:cs. The fQlloWmg ii a Pil>Ject oveniew	the variousenu ics wi,lhin thePoil!ciana tf)Dand the limit$ ofs .	·

Solivi'8. IQC&tcd iG lk Cotml:)' south of Pleasa:nt Bill Road, isa planned residential community.
l.'Z	Commu.nlty DevelopmentDl1ni1:t(Cl>D)

The P-0inciana Ccm111111oily Development Diatrict ('4Distric:r' or "COD") is a special•plllpCISe aovemmeilt which was cn:atm purii1latll to Cli.aJller 190, Plorida Statutes and estab&hi:d on the JllOl)erty via an ordinancic: enaacd, Oldtn:d ad approved by PolleCounty.

The CDP areas to be iiialuded in ilna aqualic plant main ce SCQPe of Services include CDD­ flUIIUlged stomiwater- manaF.J1cnl ponds, outfails and Rlaicd improvements. These, areq ere numbered on the attathcd it!ap.
Pond Maoa&eciteat Prognm Objectives
The Poincillll8 COD desitcs to manage its stonnwater ponds in 11, way that <iirects the ponds toward a natural baleooe '!hat redue:es the need for dt ii:al control ()f aqua c :plants utiliiing "Florida Friend!)"™  Landscaping..  pniclices. "Florida Friendly Besl Management  Practices for

'

Protection   of  Water   Resouites   by   e	Gteen   lndµstries,1        Florida  l;)liP,  2008   edition
http:llwww.dep.state..il ater{!l9npolnlldocs/nonpojnt(amajjJd-bmp-en-12.200S;pdf and Qther Te;SpUtCes $eUmg lorillbest pmctlte$'for the protection o'fwatcrfronts. Accordingly, the following objectives for thisproare jdentified:
To provide l'Cl]lC!DSl'ble C'.llvifomnealal ecological management of the lakes and SIP1D1W81Cr
fa"1litiC!SUnderfflc111 tjilri.idiclion otthePOU!Ciaaa q;)l).
To eliminate or bring under CQIIUOI all eltOtic mvuivc: and pltlblematic native aquatic planlS ln
theCOD's lakes and StOffllW8terfadlities.	·
To ensure ilult lhe lakes pd stannwater fllcilftiea	main\ained tn e	an cn¥il0nl'llelllally
soWid and ican111ppeali1;1gaquatic copul\ ty.
Tl!-. Pest Management (1PM) pl!!Ctices in mi=ding lhe&11objedi .

ln egrat"ffl Pest "M'if:g eill!bt1 IT 1fJ@Mfl.lt#iqp aqu.atf-u	geiau;; 1'13118Solleil"Twiih··: -. .:..

jjij:(ff.i.;.,.;a;;z•ll!!l!!E  !II!!""'"

minimum impact on bWIW) heaidi. the e.n !Jfflllll\. and illlil SDIS. 1PM is not a slllgle chcin  l approacb or	b!!t a dccisiOJHJlllkiu& proccsa lhl!liPYlll"YCS a combination of pr6ctices 1Q Cl)Dltol probleni$'. Control taolics ca1i ilitilude culturalor biological mCBSllta. For CUDlplc, .red\lctlott of hikesbore fertil ns activitiq, installation ofshoreline ,Plaid&, slocking triptoia caip, p6ildaeration iD:ldlor ll'li:mlsl:d cdur:ation f the publul on lPM ces and l)Oleritlal effect$ ofpesticides Oil hciallh lil'lo die Dvil'ODl'llCJ1t mlgbi be eorisiilered for fllll g the desin:1;1 !!•I.Ural balanoc. IPM i'eelLiiies mare infonnatloo, lhought $!d team planning dulII ordillllty; single 11pprom:h management stmtcgics, bu1 the
Page2ofl!J

Poinciana COD
Aquatic Plan.t MamlfflBIIU

S®Pt ofScr:vii:a
September 2013

outcome1ll a healthier CQIIIJD1"\ity and environiM!ll,-111)1}lower lill!nll&ffllcnl t0$tS. Thcrefq.re, th·e primary service desin:d rrom the Aquatic Mainten11nce Conliac:tor ("Contrador") h lhe c:on or•s kru,wled&1: about B(IIIIWi: systems and plailt management, and not theCoritralilor's ability to apply pestic:iiles.
Ccmtractor Adherenc:c 10 tbe Scope.of Services
Tbe Cont or shall recognize and perfo in 1101:(Jidance with the con!.Jllcl terms, wrlJten spccifil:l!tions,
alidlot draw.mp containm ot n:ferffleed her'eil.i.
Access co Jobslet
The D.istrict shall fumish IICeeia to all ffl81 ofthe jobslte where the Conuactor is rc,qui to ped'orm
under the terins of this Scope of Services.
l.	Genenl Requirement, aad Proceduft!
l'be Conbactor $hall meet therequiremen!Sa,nd follow the proQIIIIW'CS associated with au items set forth in thc
Coiitnict Do.ci!ments including, !>ul not li!niled to, the l'olloq:·	·
Open •P ares
The CQ	ahall ()Cflimn tho basia services outlined w(Uun th  Scqpc of Scrvic;es w  lhe-h9UIS

Thc .District Manager or its Dcsignee will designate whett Q>nlrlttor's crtw will

s, lu I:$,

o.f '(:OQ 11!,m. and S:OQ p.111,, Mondayw.ough Friday11!1n. facd i	91' di i.,4 by District throl,igb its bi        Ma,iager. TM QJlitmcJor may  submit  II  ffllU_est for a.4dmonal  opera1ion  time, in NS!JOD&C to  poor  thc:r c;ondit nll, 10      1'l"iewed for.8J>proval by t     D		a*ager or i   De$1gnec..
-		an!l lisl: te$00m racili1ieii. llmpioyeo personnel vehicles will be padccd only in aceas designated bythe Dislric,t. The Contractor·shall be respotifible· for security ofihe malnienance lteils daring worldng hours and t'or1oc:1dng all gale$ (if applieable) clay.
Key J>enounel
2.2.l All Services lhall be IDllll8Scd and/or dircetcd by key pCl30MOl idcntifiiid w Clic CQntm:tor Ill the proposal.  Azri] cbangca illassigned.by  personnel  ahall  bo  bject to appIOWI  by  the Distridl Manager. Where applie11ble. the Conttac:tor shill11:quite toat certifications, inliniJlg, etc,; be secun:d and llJlclalcd for all employees for the lJlllintenance .mid 1cclmicid liCrVices penoni!cd under Ibis eol.it CI-	.

Contrllctor shall provi<le one ( l)  Pmjt;et Man.ager who  is knowlodg le. of the_ Conu:actws   ily ac1ivitjes wl)en pcrf011J1ed at  thi sile. This Manaacr	i;erv-e IIS tbe point of  tact between the District  r	nuj Conln!ctor.  lb     l'r!>ject Mauger sl)all  bo    iblo tbcoordinatil)I.  sc uled services with \he District Maruiger 111d t'or the 1iinely scheduling r,,f nscheduled
!1l8int ceaervices.

:iilF

_ :, ,.,.-

,;,i,; 1118   , ·

Contractor will provide tl\e name end d:swne of the onsi<e roieman that will be responsible for supervising lllld/or completing all field servl!let The resume shall list the 6m1s who have emplo)':d the fore:min far worx Jimilarto that to be performed under the Cclnttai:t. Contractor must dmlonstrate diet the tmsile fiimJJan can identify all the plant·speciei that an: included as nuiseiule vqdalion on

 	        this project.

_,...    .  .,<,,.,.,

;,.·;,;,:eiiii·iii!iil!!f!!    .!.!glll!liliil  •    !!t<- --"= "--'  ' "- '	d ML " ·

·-    -·- ---=    -	---	 	            	

2.2◄.

The alrae;tor shall CD$1ll'e that all  ployecs who u   or ar - 111 coula1:t vritb registered 8!1d
_restri<:ied-u herbiCid	.certified as u	by tbe appropriaie  gulatory agel!cies and lite
knaw!e,i!pa lc as lo qualific•IJon$ for handling material safely lind cmrectly in acconlance Wil:h .iii:
P•gejof i9

Poh1cjilna COD
Aquallc i!tm11 Malnlellllncc

Scope of.Ser:viccs
Sepicmber 2013

Fedeml Eovirotullcutal Jlosticido Control Act of 1972 (PL92-SI 6, FIFRA). Sul:h employees shalf aiso l)OSSeSS, .or be under the direct $\!pcrvision of an employee who (IOSliesse& tho Florida Dcpartmeru of Agricuhllre's P11blic Ap_plica!OF Certification for useof restricted i:idcs.

Penolllld DNU Code

The Conuacu,r shall cmurc lhat employees worldng oa lbe Project wll wear wdfcnms or professional au      ai  ell  times. Cl	Jhat	_or Implies  ob_scene  language or ·8f',p  4egradulg  or @mCllling connawicms, or .In the opinion of tlm l)mrict Mmaaec iB uasiahllY of any ,:ca,;on, sbeJl be
strictly pmlu1ilted. The Contn.clor personnel shall wear shlrts at aU ti111cs and shall wear £ootwcar !hat conforms to safe \VOik practices, A1>plicators must use at least mlnimWD pc:monal protective equipment (PPB) requited by the label of the materials being ban<Ued.
Penonad Conduct
Tho Contractor shall e	s	dlsclplillc lllld good olde-r	!)Ilg its employees on diel'lqect site. l'he
Con ctar shall easiu,: that its emplQYC!!S that CO{IUIJUoica!f: and.ilileract with ihc Soliviti 00111munity and
!hePoiacialia CDDate Iatowlo.d&ea'ble of the Project and the"llcrvices the Contractor is pcrfonning.
Safety Program

The Contractor shall develop, imp)llll'len(,and maintain a safely program for it$ opentio111 oa thl: Proj Thal  y	prognun shall Include, at a minimum, a safety policy, safety -rules and procodures, safety
training.	urcs  for n:ioforciag  •	IIIOlli_taring  fcty Jin!gmm;	f!,r accident investigations_.providing and maintaining oquipmcill. wcty fea1.!IR$. !Ind tafety n:cord keq,ing.
fbo Con1r11ctor shall comply with all Slate of Florida and Federal and l()C&} ftlgllla!iOZJS. rules and orders, as	penain to OCCUl,Jlltional..rcty and health,1he q(c opc:n1\ion aod socurityoflho facililu:s.
The Contniclor shaiJ pmvicle, at lhe Colltractor's expc111e, all safety cq11ipmeol and -mah:rials ry
forand related to the work perfonncd by its employees. S)lch c:quipmait will inc:lude, butis not 'lim ited to
items necessaiyto protect its employees and tbe gettcral public, if applli:able.
2,6	Fadllty Locatiou
The Distriot thaP -not provide: a faoility on the Projec1 Site for 1M Conl@Ctor u part or1his Scope or
Services. No file.ls, oil&« cbODlicels are permitted lo.be stored 011site.
Subtontractvn
If the Con as a part of the perfonnance of ii Services, c:lcclS to employ Subcontl'IIClors. the following shall apply:

The  C®tractor .shall re	lh.e rig'ht to hire qualified Suboontracton to pcrfonn $J)CCiallzecl fiinctjopS or work including specialiwl equipment 1IS IJIIIY1ie R!qllired, at Contractor's ellpfflSe.
Tho.CoplDlctQr .shall beR5POnsibla for, and coordinate with, tbe ser:vices of any of its-Subcolitractors.

The Coatrac:tqr $hall require all of _i!,S     t-  oi:w,acoi:i.dirionof employment, to• to the
-;;;;.-,;. ,i!ilii!j!!!!Po'-'1iiilllllllil!l!l!!!!l!!l!l!iJ/!l!  ·-•0--"'·    """'  """"'"'  -    """'   "'.   iilii!I!!!!!!..,....     app1mable terms erlftondi'1i  .uiii'ht J!..Q...	fflll...r	Wt	-	

Pat.e4 or 19

--------- - -	-

PoincialNI CDC>
AejUBuc Pl1ntM1inicnance;

2,8	ultants

ofSorvicu
September 2(i13

lfthe Conlractor, es a pan of the perfonnancc oflts Sr.rviees, elects IO employ consultants, lhe follawing shall apply:
The Contm:tor slmll reserve the right 10	qualiricd	sul.tanlS 10 r,ertofl!'I .spoc;ializcd fimctions or
work including specialized equipment as may be required, atContraetor's
The Contmctor sblill buesp0115ible for, and.coordinate wllb, lhe seJVices of any of ilS consul1ants.
ThoCll!l  r shl!II r.equiR:'all co_nsullanls, u a condition !)f einploymcnl, to.agree to the applicable terms..and oonditil>Jls !ileulified in ihc Contract Doclll!lC.1IIS.

1.9	D.ocumeat Contl'Olflld Data Managem t

.9.1 DOO!JinentComrol
The Con_lraotor $hall keep a	of docui!lenl# received and, if applii;able, issl!Cd by this Contractor. A docummit g shl!ll 1)e inaintaincd dllling the wQrlc Qf dlis Contraclor lo provide n,cords cn,1 the i!lfonnetion avail.able- to or fl'O!'n this Ql n lor. 'l'lu: 1011 1hall outline documclll tllla anddales, lhe odginacor, received dates, and lOI.Ci:om information. This log shall be updated monlhiy and submitted tothe District Manager when re11ues.1ed.
Data Maintedance
'Ihe Conuactor sbal), aflcr review wjth the Dislrict Mmlager, e&tablish a sysfelnitlc process for the inaertion of-m,iaeci sctil a'a.d the inletl'atioil of that data into the overall Projccl phln after vuification for c:ampalil,,ility and ccinsl&lelic;r of the infonnation ieceilfed wi1h ui1ting infDfflllltion.

Data Dispersal

Should the Contractor cli&tn'bute da1a to others, Ille Contractor shall document Ille lfisln'bution of dal,a by c:ompledng a letterof tnnsmilllll. A11 clistrlbution of data.shall beaccompllllied by a letter of transmilttll with a copy provided 10 thi:.District identi(yh1g:
Party to whom l,he dalll is being
Originalion of Ille request fortrangfer
Name of databeing transferred
Type(s) of d,ata being tl'a\'l&fened
D11 f
Purpose of transfer, or use:of information
Furthuaction nccessliiy
The Contractor shall 9ropoae a tonnal for, and 1cecp a l9g of, au data tnlilsf'ers for updates lo the
District Manager.
2.J0	Verifica on orDat11

'$

All data pr de4 !O the ntracror slu!II b!l CIX8fflined for r;:onsistency with its iecor and	efforts.

 		AIIY obvf      Jn  ns		,! W¼Y'f" '"P'  ;  f	U-s Dj;!_!;i    M•t"HCWM  iJly..and.,Jn  writing,  u	. -

discovuy.

P.igc ofl9

PoiDc:iana .CDD
Aqua1ic; Pl!IIII Maluicl\aPCe
2J. t	Ownership oFl)au

Scope ofSm,iccs
Scpiember 2013

It it ID be understood that all data transmitted, and matcriallequipment purchased under this contract by the Conll'lctor or provided to lhe·Conlractar, either by the J)ifflict .or third parties, are the &11le pmp es of lbe Districi.. The Ccmtnictar sl!all h!lve t porary chqt orthe data while performing contracted rvi for ihe Project.  All         sbli.ll be  ed          lo  the pisqid1hi!>u&h 1hc Distri.ct	at the
!Dsion orthe l>rajec:t, after whii:h no copies of the may be kept by the Conb1,clor withou !he
CICl)res& writicn permissibo of the !strict.

The Dill!Wl sbaU retain the right to n,qulre Iba! the ContractQr transter all Project data, !Dllterial. or equipment to the Di$1rict immlliliately upon four1eon (14) cl.t:l'S' writton noti for any roason. The same proc:eclllPlS shall apply sllould it become necessary for the Contractor t-o vollllllarily ret111J1 au Project data to theDlsuict.	·

2.Jl	Qila]lt)' Control
The District  will have the iigbt, at  any Sia.Se or the ope pn, to reject any or  all  of  the Contrador's
servicc;s  and  mat!llials,  whidl  In  the District's opinion  docs  not  meet die  requlremorils  of these
$J>eCifications.
If req11 by the Oi.slric:t M&m1&a-, theColilllletor will nlako weekly walk-throu reviews (!f thti entire
$le  rel_ated10'!is\lai ob&avati0118 and  he Contractor's perf011111'beConttac:torwili make.repair.s ind adj'!stmeim, 11!1 dircct!'li bf lbc  D	ger,d\!ring thclc Bile vilit.s. A mOlllhly tdalntenance Report shall be pllJBted by rhc °'!lbiH:t<ir and &l!brnittcd U! the District. Manager -ciutliliing P.Dtcnli!!,l probli::i;n
areas ,and the Conl!"aCIOr's _p c:o-rrectivc action, Upc;tlming wotk approval reQl!est, cooniination, schcdul g,  c.   the r	sball provide the District Manager with a weekly updated mainteoa log iuJdreasing all activities occurring in that week.
Insurance
As Ill fully ctcscn"bcd in the mant ftir mvices, the Contractqr will provide Worller's C.Ompensalion, Unemph>)'i;ndt in ce. anil Bily olhcr ,insu ulrcil by law. tn addilioll, lhe Co Ol" will cany P.u.blic Uahiljty and Allt0ll10bile li,surance to th,,, limits reqlllred by the Di$trict.
Materials
All maletiala shall confonn lo bid speclflcations.Toe Contraetor will 111ee1 all agricultwal licensing and
reporting requirements.

Licensing and Permits
Contractor :shall qwi:itain any applicable license d pmmit requirements of Polk County, the Stile of Florida, the Fedcnll dovemmcnt as well as.all oiher reqliircmt11ts oflhe law.
Liability

Tii,ougbou\ thuDlirc prqjcet, Contnictor shall be IIJble for Y d,amllge or any kind wh•!lae.YCr that is CI\U&ed by the negligence of the Couttactor, hs ag  or eil;lployea. gbout the	llml, lhe Conuac1or  shall R!Jlace  or reimb dieDistrict  for tllc        of  ,:eplacemmu  and/or i:cpl!i_rs,  _at 1hi:

..eontract            :      ...     _- -  =-  .        .   · -          -·     ·         ,   ·-      .	. . damage-d by berb1chl pplica.tiun<liio: :. :iii rF -W_
inealiilJlical eqnipmcnL The Coniraclor shall be compleicly teSJX111$1"blc tor al)' enviro.rwcillal c1C81111p residlin& £roni chemical or fitel spills that in the i:ourse i>fbusini:!1$.

Pege69f19

Poinciana CDD
Aquatic Plant MainlenenCe
Controctor Respolillbllltles

2.17.I The Conlractor dialI have demOIISi!lllCd pcrionce in total pond system manQemc:nt. ContiaCtor personnel applying h dea tor the 111,ana,gemClll 1>( aq\!atic pl1U1t6 shall be certifi..ed/llc;emed by thl: Flodda Department of Agriculture. and Oo met Service& (FDACS) for Aquatic: Pest Q;,nbol.
:J. Al a minlmqm, lbe job SIIJICMS!D" ud ideally all cm site ec:zsomiel shall have been trained In lnt  ed   PCS\.  Managemeot.   Florida   Frien(ily   tcllUUl& t   practic:os   rsr   similar   bc:st managc:mcnt plllCllicc:s, Evlclcnce of anch trasning will be provided.

No pes1 matlllgCIJlent trc:amlenis are10 be Qmlducted 1111less 1heJ)l'Oblem bu been Identified and scotrted. !ntegmcd Pest Management (1PM) is a ion-maldng app!'(IIICh to managing i!IVlll!ive and undc:sinlblc vegeiati.on. Moni1oril!g aud identification of the problem 1B on·e of the
most impOitant compcnc:111s of1PM,
The Contnctor will llMI the least toxic betbicidcs	wheo other c:ontrol mc:thods would not
l,c  ve	or -practical in.mainLalning theesi.bllshed lev of service.
2..17.S The Contl'llClor will awid disruption of f!lltulal enen:,i1C$ by becomll'.lg familiar with beneficial orpnl&ll18. The. mraetor wlft use amiable c:harts M6 li\eratoevllluate impact of conlrol 81flltand ibcir toxic:il)' tospecific n111wal enemies.

Patitjc!c cffieacy can vary from one area to another, OM location to ot . and  ven ftom one iear to the m I i11 the same 1.ocation. JI is esaen.tial hen pesticides have to be used to select the  t   .Dlf,terials based upon tlieit least &o1ddinpact and efficacy. Rec keeping will bfi uaed to suppon acl"!ltioos.

tlegillar monitoring ofi>=:L and btnefi ill popllleti011$ wil1 ddermiac the lim.os fot applying pcisticid!!S or oihcr practices iind to enhance their effecUv ess. Tlie Oontnat9r wiU co.nll01undesirable vegetation during the most wl...a,le point iii ibcir Ii&: eycle or growlh pcnod. Yolltlg, actively growins weed$ usually the tasiesl to c:onttol or remove. The Ccmtmctor will control weeds before they pn,duee seeds.
The Contractor will follow the label lo ddcrminc lhc mtc and method of applieation. The control action hoscn must foc:us on ihe site of lbc lffl)blBm so'that only the en:as iha1 need to be1a:atcd ai:c Wge1ed. Prop .application will maximize effi:ctiwncsg aiil! minimize eff'ecla on beneficW organisms. The Boal is to 11$ the mast envirortraentally leSpOl!Sl°ble and effectiw
icidc,
Liq1.1id sprays must not be applied when winds eir,ceed 10 mph 10 miaiinim any undesimblc
dril\.

2.17..10 Personnel 11SSigned to this contract.&hall use al least minimlUD personal protr.ctive equipment (PPB) ni by thelabel of materials being handled.
2.17.11 The Co.nllilctor wm blish adion thresholds for undesirable plant levels to determin¢ when

--

numbm or situations pose a problem. The Contractor will mqiolaio records of numbers or

,.,.,r..e,,-.e-.·c,.,,,....ai,irii•   '°,'.· -

Jcinds of problemuo uack occurrence and to evaluate actions taken
pcs1icide proc:cdurcs:
Proper appl ion tecbniqUCG
Knowledge and ac1ions10 follow in1he -even, of a pesticide spill
rar.c7 ofl9

-, _,iiliir.· a ·

Poinciana COD
Aq111tic Plant MaialCmBlU:c

Proper pe:sticide transporting and handling
Cleaningmid i:alibration ofequipment proced=
S10,agc Md dif>posal of ¢.lllicide cbntainels

ofSUYiccs September 2013

Scoqlina and. reconl .keeping - lillllllll8I)' ieports or pond observations and management st1111e1ies ere io be to11linely filed with lhe District Mlliager
Strict compliance witli w:h EPA label's PPE,equirements
f\'lain!CD8Dllll ofup-tlH!atc reC0Tds of pemcidcnpplied, by matmcnt area.
Use of.any product being phased 0111 or banned byShue or Fcdt:ral.11geacies is prohibited under thiscontract.
The Co11uactor 1baU provide 11t his own risk aad cost, all Ja1>!)(, materials, tuola, cquipmeot. trallSJ)Ol'l&lion. hauling, biological controls, pes!icl4es, chcPlicalJ and other items need to pcrfODD 1he aquatic plant man t work under this coB(l'IICL
l.17.lS .;\II work shaU bc perfonned on -wcekda)'S during normal bll9inua hoW& UD1ess other
amnacmcnts lll'tl1J1Bd8 on a C11$1>-by-case basis.
Aa:eis IO pond wotk site$ s:an aa.melin)es ba·limited; th oie, ATV e nther th!!D tni$ i8 prr.fem:d. Pond ban. . littoral shelve$ and oth portions of the work site s l  11at be nilled or Clberwiee d8Dlllged, 'Elcel@ilowmcd vchic:Jcs arc -.,idcnccl whae pra_ctical, but mllftled gas engines may illi;o be used. If needed. each pond is ble for boat btunc:hing livm a small
lNclc..	.

Pa p_er, QUI&; Ir.Bab, and other debris shall be n:moved mmi the swfaco ohtorm water n:tcntioo
ponds when theContrador isusing a watcmaft as1lllt of his operati01111;
COORDINATION
The Conlractor shall provide coordination with 1be District tbr all items associated with the requirements of this
AgreemcoL
. l	General CoordlDatioD
The  or	I provide coordination. with the DiSlrict Mffllqer for -all ltenu; BSIOCiated with tlle
reqaiianents of Ibis.Agicemait.

The Contractor shall beavaDabli: to mite! with lhe District.Manager as app!Qllriate, on a monthly bas.is for BD inspcci.ion IIDd walk-throllgh dllrillg nonnal busines5 bows.·n e inspection sllalJ be scheduled with the
Dlstr!ct Ma •s and the Conttaetor's representatives wiltl a !ting punch list. of P,nlblem areas and conectiw aaitios to be n:view,::d eiicb mQnllt or as time allows. 111c Contractor shall be .responsible for immcdi!ltcly notifying thee Distru:I ManatCT of any 11nd all issues, damage, and/or dai:liDc directly 1'¢l11.tcd to the Ccn'lilletor'sscope.of work.

Those inspc:cllon meetings sbilU also seo,e as a forum li>r the eia:hangc of inl'i>rmation, identification of pertinent and erltioal issues, dctennination of an action plan and schedule for lvinc those issues. rwicw.of sci baduJe a.ndb\ldget. sta lll$; and other: i       deemed app«lplialc by the D!strictManagcr or the
COlltnlctor-.        Coon sliaU:reco,ij·and disil'.DI Ute IIO{C$ or each mee\iDi lo-all an	witbil;I five

-·- inieliug tinic imrt11-C01toi\'; -    ·

._.,,.._··   .  ,..	··  ·	-.    ;          •      ..	-	·	--    	

2 ,:.;.a?;iil.l!IJIIW•■

bllii	di i1$.. ail. w ell as _ll.lheifz:81i'!  i     wiihzi .1'1eed•IQ:,la!0. W;,Jl,ic, Dislrict  Menilgei" smin·$t.i    lhe

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- !-.!!!-

Page 8 ot\9

Poiociana COD
AqUlllK: Plant Mainlflnli!ce

Scopc.ofS ervia:s
Sep{ea\ber20l3

In addili®. Contrattor.shall pJOvide a reprcseDlalive to a!telld the !l.lonthly meeting of the PQincwia COD Board of Supei'Ylsors if requ ted to do so by .the Dielrict Malla - Thi,; !alive Sha1I be knowledgeable of this.Project Scope and Scope of Services and shill be able to n:spond to any questic!ns 1h11 District Br;,aril of $upcrvisors may have is 10 the day 10 ilay actlvities at ihe Project siic puml811l to this A,arecnimt.

Goon!i1i•lion a£ tlle llOJl&tnlClion, Q ian. and gC!lCl8l eriauc:e is c:o°'idercd 011c of lhc many ctjt_ical activities of the Cou1'11!l!Qr- Fwthcr. im!tiou or !h_osa efforts with all parties inwlved, or, t)11!$C with a      bow. iscruc_ial to lhe suGCCSS of  the Project. W!i.ile au P!!rt iavol with  the
Poinciafl6 CDDProject cannot be idclitificd at this time, a partial li&l is pl'Ovided "II& follow,:
CDD Disirict M1111BfCr
COO_Dillrict En&jneer
AVHo"!JIIIS,ln<;.
Toho Water Au\bority
Polk County and lts various de,partmmits
Florida DepiutiQcnt ot1'numpQJtatlon
AdjaQm)\ prQ Y Ownl!rll, es directed by theDistrict
3.1	P lttlng Comlderatfoo
Poi1.1<:iana Ct>O was pel'lllittad throup the   lh.Florida Water M81111geinenl  District{SFW.MD), Florida
parlmmt ofE!IY(romnerualProleetion (FDEP).
3.J	O!ntractor's ProJ Manager
TI1c COl)traClar shal_l designate an on..-ite l'e)m:Seatative wilh eiice inaquini!: plant llU!Dagc,m:nt who will be responsiule fori.werall supervlsloii oftbe Conllactcr's wodc force <in d,e Projeel and shall act as !be •         point or-tact, on a dail)' \;asls, bd.ween the 'District Mana&et: and _ibe Con1n1;1.0r. This Individual shall mainaiin a1 au times a means of bc:iil& C011tactcd by !he DJstric:t Mwger aud shall
respond to such calls within a oneblc amOIIJlt flf lirile. Thia iildiYidual !shall be responsible for maint.ining the Ccmtrac,or•s schedule of adivities and notifyitig the D.isirict Minager of rhiJ daily schedule for quality control of the Conlraeto[' s service and for arranging and supervising unscheduled seiviccffi!ucsls by the District Manager.
District Awareness
The Maimenance Contractor shall be responsible forIIOlilying the District:

Ofanyaccid inwlving lheQm •	or on Projce1
Of1111}'  ended c:ul ral practices di.at CDllld be	by thec:o1J1111unily, property owneJS or other contractor-s to support the objectives flf the aquatic pl.ailt manapment 'J)Jtlgr&m,
Of any desirable·plant·s thatbalie dicd oraie &bciwi!ii significant damage, whether or not they 8ft:
be! tobe as a l	of plant 1D11nagement activities
,.	SCJIEJ)ULED OPERATIONS AND MAINTENANCE
The Con1ra.ttot shall pctfonn all     rv.i	nec,:ssilry t11 conlrol and l'CIII01ie nui11&11 lli:gelatiop for those areas of

be defined as the eyjdence <if ueatment,

ntrmim of seventy pececnl (70%) OU$ 11ad exolic:. 1peeia

 		_  _ ..,._  thcl'roj	.tbll	gi-	 Qi'4_on.ofr"aPtp  @:;s  -:hecwl   .br•i    	•i.!i.llnimllg).ofmonthiy.C.rol ,;"a1L,ac  _:   liiii·.   .: . Qii! -
coverage, of target apccies 10 be tieated. Noxiou·s ll1ld exotic 'Wigelalion to wgeted for treatment are listed in Seciicin 4.6, below. Maintcnlirice within these Al'Cll$ should be conducted LD eil&We the control of tbc tBJteied
Pege9 of19

l'o nt"l)P
Aqinitlc Pl11111 M.ainlcfW!l;e

Sc:opeof Sq11cmbcr 2013

G! .. .

plent species and10 prevenl te•lofcstation• for the of aquatic systein health and aesthetics. The Conlnlctor sha11 make a complete siteillspectiOD of the COD, spcicifically1iie areas of COD maimenauce. .Exhibil O includes a plan identifying lhcrgeneral limits of CDD maintfffllllcebyarea. Services- generally descn"bed below.
4.1	Geaenll Seope aocJ Pndi
4.1.1 Water Bodies Included in the Scope
&hibit D clescnl>es the water bodies included in !his !ICOJ>e and tlieir dimensions. The scope generally con11im of1wo parts:
Mllint nce orwater bodies s	on &Ju"bit Dr.a consist of open water areas, shon:lines and oulfisJls oflhcponds. The pcrimet aod surf'aoe a= of each pond!s inc:ludcd in an acoqmpiqi g table.

Maintenance of devclOped lillom shelves i11 selected	for their watc:rdeansiog qualities and habitat values.
4.J,'2 N11tural Balaace of P9ads

The Contrac!Dr shllll USCJS the eondition ofdte al  lite bcginninJof die contnlcilperiod dcvi:10)) 11 plan directed toward -.c;hicvlog a moR- ba)anocd e011<lition. 'I'm, C.Ollll!lctor will routinely appraise 1he eonditic,n of JIO_llds f/r progress toward 1111¢h a natwill bal!incc:. While it ia Jlllizeil that such a
J!Qghl nQt be mchecidllring Ille COlltt8Ct period. edstrategies ud	attivilies wll\ bedi ed toward that goa·l and not toward keeping die pgndJ in a ••new pond" condition.
4.t.3 Noxio11s Wl!eda
Tl)e Contractor shell contn,I submerged, emergent, and Ooaung J!Qxious aquatic: wt=b growing 111 the
waterways with lhc:ust of BPA--8pJIJ'OYell c:banicals in strictaccl>ldmuicof label ll)e!Cifications.
IA Grus Carp

Sterile grass carp 11111y have already been dJSlributecl in the ltOl'Olwater ponds. Tbe Cootm:tor wiU be responsible far maf11UlinllJ8 outfall barriea per stocking permit requirements and for adding additional fish if that is Pllrt of l!!c:plan.
4.J.S laYIUiYBExotic Weeu

The Colltl'lctof shall co l submerged. cmer:ge11t, and floating iu vc cx!)fic weeds growing :in lhe pond!J l!lld pond . irt<:llldillg uy fo=tcd edl\CII, littoral sbelws and ou1fiill area,. Spec:ifica!ly, I Contractor s I ti,gel and l'CIMYC aUspecies designated asn11iaa1u: and iavasi. ezolic lass Ior Clan D plant SlJCCics, as delibythe f!orida Eitotic: Pest Plluu Caunc:fi (.FEPPC) 20.l l  Edition, or as list below in Section 4.6, w.ithiD each wetland iaahateuance area. Such control..shall '1e condllCtcd on an as­ needed basis.

-

4.1.6 l!ood Outflows
The Coatraclor sh$II main1ain ._, noted pond oulflows 10 allow proper drainage into nearby wellallds.

_·-,s   - 11 -.-. .-	_:..·.

Tl;iis insures control water levels function as designed.
.-     . ....,.........;r.::: •       .a-.	--P	
4.1.'1 Native Plants
Native plalll5 are generally to bl!en<:Olll'8ged to grow to enhance the aesthetics 8$ Wflll as p!'l)vide a habitat
Page IOofJ.9

Poinciana COD
A·quaua Plant M1inbm11nce
for Dalive fish and wildlife.
4.1.B Shorelines and Pond Edges

S;opeorService.s Scpten\ber 201

1!1=::

Cl cqinm i>n wilh on-silc m ement and Dls1rie1 Slaff is key since the maoagement goal, c:en
Viti)' from po!id Ii;, pond.
i!	Pond Open Water Malnt

The Contracror shall be respoD"siblc for the development and bnplernenlatioo of a preveJ11&llve meintC1111D0C progtam. For the algae c:onttol poruon. the Conlr.lclai" is rcsponsi1,le for taking all lhe prevent.alive measures to control algae.

Littoral ShelfMal:il.tenance

The Conttaetor shall pcrfonn monthly 11111,illtcna within tbe lilloial zones. Mainlenancc will include monthly ■lie lnspectlona, .111$11ual flr.lllOYal ll!ld/or herillc:ide applic:atioil on the litioral shelves and lake b11,ab.

Wetland Preserve .tu-ca Mai_nteaance
The Co or will peribnn quarterly malntemmce withiQ. p	wc:lland	Memtcnllll!le nts
will include manual l'!lll'!Qval of ergeilt nui■an ce and ciolie i1;1 and pepodical herbicide
ppli oi,c.
4,5	1'4iti&iliiaJi Ana Maintenaa«

The CQDtraetor w.Ul perfonn quarterly maillt ce within Mitisati.on Areas. Mainhmance CV9DIS will inelude itle Jll!lllµal rcmilVal of emqent milsance and Cl!Otio species and lcal herbicide applications.

T11rget Vegetation

The CoilU'li:tor shall controVremovc all nuisaacc and exotic vcptation includina, bot oOl limited to, the following	if prc:smr, withlu each of the mainlaliulce 1ll'CIS. The followjng sp:edes ID8.Y be: iii addiUon to lhe 2011 FEl'PC list. Th.e limilS of the maintenance aclivitic:s $hall be defined as all property watuwani of the limiis oftbe turf, including open water areas.	·
All species of cattails (Tl'Pha spp.)
Cuban bulrush (Sc:ilpl!,S c:ubcnsis)
Pri willow (Liidwiiiit pet11viana)
Seetibox C4idwiiui oc!avalviB)
Wa	(L\ldwlaf8.!ep1Q!!Up )
Afl mi	IJJ!Ccie, 9f tbe fanii[y Fabacceae
Dog fennel (Eupatoriwn spp.)
C■esarwee4 (Urena lobata)
Can,liJ>a Willow (S liniana)
T o ipus (Paliicum. hemitomon)
ClimbUJ8 liciup vine (MJ"bliia scaildeus)

m.

----   -      ..._ .. Ji![BCl!'T"	ff± '		- .	
Watc:r hyacfot1, (Eicbboruia tra il)C!il)
Tropical SQda apple
Frogsbit (Lltqnobium q,onsia)

P	ii ofl9

Poinciana CDP
Aquaii; Pl1111Maiarenacite
NI spegca of algae filamen and ,uspendecl
Commori duck wml (Leinoia minor)
Salvinia (Salviniil minima)
Hydrillir(Hydrilla V tjllatt
1. Southcm Naiild (Najas guadalilj,ensis)
Ai9Ua (Amtta Umana)
Musk.arass (Qqira spp,)
Giant duckweed (Spirodclapolyrhiza)
J\biutenauce Methodology

SQQpe orServices
pl&mbcr 1013

M.au,ienance mcthodolQJIY shall be detenuilied by lhe wgclative co111posilian within qie specific pond Co1ilro1 methods may- include, but ffl: not limited to, aelect lic.rbicidc applications, mechanical  mnwal and/or baild nmoval. Nllblral recnutment of dcsitable.lleibac:eousvegetation outside the plmtcd areas shall be pierally allowed &id shall DOI. be advcr&ely affected by mainumance activitie.t unleua
Ql	dir«led by Dillriel. It is 1h11: intent of the C<ll1ltact to provide a vegi:iated litt0t11l zolie witboul
ctea1ing au overgrown appeanmee,
4,7.J	Haiici-'Re1J1Qval hniquci;

The Con1flCtOt shall l'a1IOYe nuisangc &pccics from within the plantod liltoral :zones·byi.nd or115 direct¢ by the District Manager lo ensure Iha! desitllble Spl!Cies areDOt damaged by ilajnlenance activities.

The Con tor sb U be responsiblt for rernpving_ ell individuals of ihe. aptcies listecUo Item 4.7 above.   Co!l o.£ shall	all vegeuitlve J)el1S of the plllQt, ln g roots, lllCUIS, and flow fiuilu!& parts. 'li:te Conlmtor shall mnov all coll lj()Jl UOIII tbe site OJI a dally biisi&. All material oved from the iminediate w.oi'k site sbaJl 'be dispoaed ofby the Conbactor off'tbe "Project Area. Dylng bloma ordesirable herbaceous vcgeteliDn may remain in place.
e. The Conttaaor shaU 11.., equipmeoL specifically. desi&lled for commm:ial ap_pUcati90 of heiblcii:lcs. Equipment shall be tq,t in gOQd air and operational condition at all time.a and shall met:t allrequirements established for the tWC of work. -EquipJD!:!U is  &ilbjtiCI. to  on
and acceptance by the Dittrict Manager orits doigoee.
TheContradOr:sball _pmpedy use lll!d dispose otall c:hemicals tind herbicides in strict aQCCirdance will! applicable local, State, ,ad Federal envitonm «glilations and shall indcnuaify the District for any lii.bilitios .arisins out of the Contmtor's handling, use of, and disposal of said chemicals and herbicides.

The Contractor shall enrure lhat employees who U$C .or are ill contact with registered and reSlricted use hcrbicid eides certified assequirai bytheap regulaiory.agcocies and IIR'l knowledgeable BS  IO qualitl for handling material safely an_d  ()!)rre!)tly  in a aoce with the Federal Enwonmentel Pesticide: Corttrol h:e of I!172 .( PL 92-516, FJFRA).
Such employees Bl!8ll al	.	or be under tbe direcr supervision of 11D employee who
.	the Flo!ida Oepartmen · of Agriculture's Public Applica!or Cen.ific;at fo.£ use of

. : -

_

2· .·:  -    ;t ,;::1··	

-· -·· ··• - -

 		   .. _	   ,_,    :;.rJii#_i&;±L   _	iii]-[-  -    -		 	

----s_ w

_. w ·v

Z	restricted nerbicides. For purposes of the Scope, "pesticidl!$" shall ref'erto " herbicides. _

_..,.,.-.,_c,,_;_•	F    --  -

f .		Contract(!(' $ball provide a Raticidc Summary Report lbr ll8Cli location where nuisanoc 5J)eCics QOntrol occuril.. These i:eponJ shall include specific irifomiatlon incluilin& themllp of areas trtated, the appHcBlor's name, the date, the·chem 1(s)'used; theminm:, lhe atUOUJtt applied. lhe
Page 12i>f19

Poinciana CDD
Aqualic Plul Mainlr:nllllCC

Scope o('Servii;es
Septeniber 2013

application n11e, the condition o·f growtb. beitlg trailed, dcsi tesults and wca1her conditions (wind spec:d 1111d diRclion, teiilpenlturl!-, prccijrilalion) under wbillh it was applied. Complc:1cd fonns all besubmiued 10 the District Marulger wilhin 10 daysof the application event.
g.   The O)ntractar shall n:p1-:c dcsinilile tras or Olha" pl  .alno cost  to	Disuict, that an,
injured or lost due to theContrl!Ctor's negligent acts or failure to perrc>nn U1c S ervices.

Ousdledaled Malatcuauc:e

Tbe Cont111ctor shall be equipped and organized to prov_i any UJ1Scheduled  mainteQatlee and repair& related to the Services pcrfcmm:d llllder this	and if rcquu= by the Distrlc:t. The following.ad	lhc general procoilw,:is for unsolteduled maintenance aclivit.ies.

Isa   .. :. ·?O.•E L: ..'f•   .	

5.1	.General

are

The Cc!otracior shall be RSpllll8ible for 111tdilional maiotCIIBllce and C<lll'OGlive actions rel1!1ivc to Chis Scope witlilo ihe Jlinits dcsch1icd unless directed otherwise by tlle District Mall . Unscheduled maintenaJ,ic:e lltat mull$ ftom the Contractor's failure10 properly perfonn the Seivic:a under Ibis Scope of SetvjllllS shall not be considered an Additiopl!I St:mcc and Jb	sh I no, wamnt ad4itional lionto1he  Collll:aClOr.  Unschedule(!  maintenanc;e   lhll!.  in  Ibo   tractor's  8Jld  Diitriel   Manager's opfolon,	no;as ii ult of the Contractor's negliieht ac&s or flllhire ro perform the·Services,
!lhaU be deemed   Addlllonl!I Service shall, l!t th.e D	r's elecliOll, be made by lbe Coll.tractor '\lpou rcccipl fa Wenk Aulhorizalion from the District. When Ilia ltllCtor ddenn that BIi uoscheduled ,nalntcti _i, nr,ceuary,.the COJllralilor llhall submit to the District Manager a Work Authorlatl011 f!:,nn (E!lhib_it  C) IO&l!lfler.wilh1he  Qmtraclor's   mate ofthe cost to perfonn the repair.
Wheneye:r pos.iblc. Ibis Wont Alllhorization and cost estimate should be sent lo thi: District avcn (7) talenchir uys in l.dvmice of'th,e C!)11lractor perfoqnlng the.Servi ThDt istrict Mana shall n:tum one exec11 ciopy Qf th:e Work AulborizaliO!i, form l!lld shall indieaie 1he metJ)od or C0111pcnsalion. In thl:
eveGl theServices t<i beprovidea on !I unit price of tillie-and-materials l>Jsls within seven (7) calendar days 11 11 complc;tiOI! of the Servioes. the Couuaotor sball ubmit to the Dlstricl M4aagcr an itemized lislil!g or Che Qintnictol"s costs to pei(onn tile S ic:es including all unit quantity itl!,IDS or llil!or, equipment, mlli!:rhi.ls. 111id $ trN:tor's &l'COrd.lngly. The11cinized ligtingsti.11 bepresen!cd h1 a foi'mat
acceptable to the ·District ager and, If requested by Ilic: District Mwger, shall include: copies of i11voice$ li'om otben: providing work.or materialll on the npair.
5,2	Unscheduled Maintenance
Thccontrac:torsball prOv.idc: o  onal.llJJSCbcd11Jcd maintenance that is in idditiou to the base Scope: or
Semqes. The Cont.rac:ror sballf-iYe a Work Authl>rizalion from !he D ct Manager and shall nd
and complele Cho u within o (2) wcekl!, or a mutually agreeable t\tlle ,,,.jib the 'Ol$triQ.t Mau.ager. The Co!!tractors .cost estimate t(I provide th work sh !I be approved by the Pislric:t M111111ger prior to conuntncemCJJt. The Contractor shall be available !!Dd willing lo· provide the followins unscheduled mainlcnancc servicea:
Maintcmmcc of Wetland& 811d Upland Buffer Areas
._  ,_	-11.		/  i  •·   jl!!ft"· I     :tt  elffl'.•i»'peii:lwlll!ttlccted unschecluled maintmnce'for if _j!R r-,     .    _  F 
or nuisanc,: species control. Unscheduled mainieuance ii restricted lo exoti!) and nuisaace plaaCs within the buffers or wetlands as these eras an: to be.retained iii their natural s1a1e. The use of pesticides, lieri>icide:s or fcrlilil'iclll shall be prohibited in the buffers and the cxistlns weilt!nd$
1'811C113of19

Pcinciana COD
Aq1111ic Plant Mailltaumce

Scope ofSti'!lim
Set?!!=mber 2013

tbey protect, except w  used in	with applicab1e law tnd J)W'Suanl lo pennitS from 11gcncics bavmgjunsdi<:tion lbc:reowr and consistent with the management intan of1hese butren and wetlands.
ff quested by Dislrict M gcr, tho Contractor &ball provide ll nuisan species removal plan spc:dfic to each proiectcd wetland and buffer --. This plan wlll detail the 111et!i.odology and iargct species wilJ;in cac:b IIRll. Wriltcn appr0val of the pl!ID by Che District Manager will lie required priorto implementation.	·

The Con1rac:1or sball replace desirable trees or omer plants, at no C08l tO the District, that are
;njwed or Jon d11e to ·!he CoJIU'aCWl''s neglipi · mthe pcrforu)llDce of 1he scliedu[cd and
Uilsclu:dulcd Service.
WClland Planting

a,    The Dimie1 Manager may cll!Ct to direct the Conll8Clorto restore aquatic  lion in planted li ora.l ZO!!CS dial ere i tificd in the Omtract Documents, Tbe wolk includtd in the 11eetion shall consist of 118, g, and walerb:ig .U plm:its c,f the spec zc, and quality in the l tion indiealed orall! dinictcd by theD.istrlcit Manager. Funher, lbe ,voii( shat I incl_ude the m.lln cc of ell plants &ad plautina aRBS until	by the District, and fulfilling all panntee provisions as herein apeoificd,
l'lent lnU:lSJ)ortation shall comply with applicable Federal and Suite regulations. Upon delivery
lit •th e &ile, ellplants shall be iaspcctixl f'ot C011fonni1y to Jl:aliODs and for blllldle damage
Planla speci6ecJ h;rein shiill be used 1111less sufficient evidence i  suhlllittcd to lhe Dimic1 Mager iil   g thj:Jlanl ls unavailable. .Altelnal.e material .lllllY be  ulled  upon   of authorizallon from the Diltrlct M11111ger.   No substitutions •	be made witliollt wrillen appivvaloflheDistrictManager.
cl.	The Co!ltniOtor ehall &WIR\IIICC all platuig work for a minimum period of 365 days after lbe
date cif inltallaiion. The ConuactDr shall be responsible for lhe esiabli.9hment or all spcc:ies
pbnted. Esiablistmielllabal1be dermed as all plmna successfully budding orleafing ouL Before final acceptance, the Collb"Bctor shall replace at no cost lo the Districi any plant niaterial necessary to meet the above eril.eria. In the event lhc: COl_llractor bas to tel)lai:c planl material, the Dlstiict get may allow suc:b planlJlla!cl'ia1 to remain through 1111.Dlhm- eaiablislimcnl
(365) period.

Materials

1. The Contractor &h!ill furnish all pll1111S of e g_pcgies Rlqllested by the Dl.striCI- Manager. All pla!ils shall be e to oame as established by the American ioiat CO!llJJliltec on Horticulture n cllltUre publication '"Standard Plant Names."

mef	*'	

The deiignatal !111$ority for the ideatifieatiOJI of all materi:lls shall be t two (2) l)Ublicalions of L,.H. Balley, "Hortusfl" mid the "Manual of C\llcivated Plpnts," :Ind all specimei1S shall be tnie to type.1181110. etc., 11 described hemn.

s  ff	gr:i:.d 111111if  · wqv	.Colllr8Ctor l0$'l)Vide	ll	
t11e	u	fa Florida Ofll4e 1, listeo under single upright trees in "Grades
a11d Standanls .fi)r Nurseiy P!an!S;, C$1alilished by lhe Florida l>epa1tment or A.griC11lture an Con,umer Services,
Pago 14 qfl9

Poinei8118 CDD
J\qpalic Pl!lfll M11intcnence

4.      'f'urtl!emiore. iiees shall minimally be  lhe     \lo11size with a minimum heiglit of 4 fc:et and caliper flll!IISUre or mld ght of0.5 i11e1'es to 0.75 im:lu:s. The acliml.lleight of the i[!StaU® in tb,e field slu!Jl be dq,endanl on 131isting si   comli IJ!I$. fl is me.

co	ns.

arowtb.

Contraotor•s tespcm1!i ili\Y to ellSIR •  u'i;c  suftieiean: height to survive wu!er exiill &  tield		All irees sliall be sound, healthy, liixl vigorous, exhibit &igniticanl apial gtowth .011 the maln stem, be well branched lllld shapeil witbill nonnal habii of	of		c:olor, ud densely foliiteil when in teat: They shall have healthy, well-deV$lojlcd root syst end shall be he of disease·and  insect pests, cjgs,
or larvae.	.
!ill herbiiceous materials shall be provided f1Q111 •he fbllowing siu c:111.aes: four (4) loch
pot or bare: root.

It Che D \Ofs iwpo!)$1\>llity to t11111re each pla;n-t	cnt bejght	survive
11.Ddcr ex g.Jield conditiont.!ill plant$ !;le somid, healtby l!nd vigorous, beshaped within 11,!)l'.lll&l habit of growth, of proper i:olor.8!14 scly 191iated with In leaf. They s1ut.n be of d lsel!Se and imcc:l pell Cf!P, aruJ larvae.
1!ie	lhJt it   mc:,s	tbet NIY numey supplyjng pl!mls for•.thfs 1111odc -.
knPw!ngly 811,d  nlly	Ille ,rctde oflJl;ms as bcma l)ip the grade as determined by the  plant list according 10 •  es andStan!!ards  for N111'111:Q' Pl"1!," 1!1! pla111u y delfvcfDd froiu.1QJ:h $0iuec iball betemoVl'(I ftoin the Job-al the ContraCJOr's expense, end no ful'lhcr planu y.•ill be acceptable from ch nursery until
wriUei:-1   videni;e_    is  5"brtiittl!d  and J;OQ6rme4 lbal all mau:rials for dollvmy haYC: bet;n
Inspected 11nd approved b? 1 District Managens beiillJ or the grade f9Pfa -
Conliincr-Orown Plan(s
a.)	Container-grownJ)lams ahall bi been p-oWl1In a container WJIO eoouaJi and fot sufficient tim·e ror the root $)'Slmn to have developed enough10 ho1d its soil tog!llb.er finn and whole. No plan shall be loo.le in the container. Planta which have bocomc P!Jl·bowld or for which lhe lop system is 100 tarp for the sias cir lhe ci>nutinu will not be accq,sel,le.
b.)	Coll Planlr. CollllCll:d plants shall be: 8 with a toot spread at lea&l one-
1hird pat than nursay-grown p	ofthe1;11me spoc_ies.
c:.)	Roal:
llh1nt materials remo,ed &om  natural qr nwunade we1lands m11y  be
uansponed to 1be site •	foal  p\ s. ffowe;ver.	provlsi0Jl$
ffll!s\ be: made to protect this material, eapci:laUy Ille toolS, from
desiccation.  All  pl111t   material  transporttdm.	tins  lJ1811.Uer  11111st  lie
approved io. writirig by lhe Disuict M111111ger bl:f'ore proceeding with lhc
wodc. Otherwise. no	root plants shell be used unless f!JeGifically required by the Dislricl.
(2)    Bare root p	llhalJ !!e dug l,lld deli With roots adequately
protected against dryinii out by	of 1110ist straw, or oihi:r approffil

- 	- · -

.-  il!i-··- ;._;,;;.!,i·:i!!!!Fl   -   ....!.l!l!iSllli- " ;.;,_;.......Y:t>m   ..,	-    -  Sbippm-g CQTiiaincrs-.!lkall-.« _...     e_ ·-   ,   :f lf  lf  b R   i@j    -r

-   ..oe,i,·ix

CQntrac:t9r \lllOII arri and ihall b_a	if IICCCSS!II')'. PllllltS
whidl lie   llQt to  be  immedi ly  planted   •II tie "heeled-in"  in  aa
-   .	in inolst C!ll1h or ci!hjt &liita\,k ml!d IIJII, and shall be
Page ISQf i9

Polnci.e.na COD
Aquaw: 1'lu1Maintenance

Planting;

properly cam!for unlil planting.

S_CQpe of emc=
September lG 13

T"mie of Planting: Plant under favorable walher conditions. At the option of, and under the full .responsibility of 1he Comraetor, plan!ing opcridions may be conducted under um-eas0118hlc: condilloos wiQiout addilional compc:nsalion.

The District MBDagerilr its dcsignee shall_ illSpOQI. lhePUll!ls at the \imc of pl!uJUog. Planta will be ected If improperly planted. proper plantlng illc.ludc:s the: followiag oondilions: exposed r:oois. not at ibcP"OJlC'I' .     qr  planted ,in      either too or s ow. The (),ruractor ,!!all be: responsible for ta ng t)i-c newly jilan\C!d with i111Veyor's pc SO lhaJ the plants C81i liceasny ickmtified !llld ins.pecte4. lllants may not hc storad ousitf tor more thaJi two (l) COIISCC\lli days. Aiiy material stored ousite for loDF periods of	may be rej ed by 1K District Mana,ger or its desi&nee. The Contra(:IOT should natify the Distriet a1 least five( ) wolkiog days prior 10 1110-iemcnt of
,Plllll 'IDBll:tial onsi\11, and sball. TOq1l9St thc Dillll'ict Manq6r be present to inspect lhe plant matc:ii61 as it anives onsi1e. Tbli Dislrlct Managa- or its d suee may reject all plant material not indJ)fKilc:d prior to planting,·t1ic Conmictotsball tm11ove and iqilacc rejected material Wi\hOllt addilioual aiion.

A,llcantainm shall be cu1 aQd opened fully, In fl JIUllllier·such as willJ1Dt damage the rool aystem. Containc:r..gmwn plarits shall 1101. be removed from tbc conwner until iml!llldiately before plaitling and with.all due care to prevent dam:aic to the rool system.

	Contractor shall men. each tree planicd IUld shall submit a d,awiug to the District Manapr .showing  lhi: loca\ion  or all  tn:cs and  !ierba  matenat  1_>.l11ntc:d  by tracior. The District M8IJl!gllr or its "esignee will nql inspect the sites for final
aC0tptallQe until this sul,miual is l'Cl."Civcd.
8·	WIQT8nty of Plante!l M.lterial

I. During planting, the qonrractor shall ri:quest an ins n by the pjstrict M er near the eild or the warranl,y period. When all pl111ts accc:ptable, the Contraelor will be: oolified ofwatranty comP.Uance.

Qeleclive work shall be com:cted within five (S) WOlking da)s of notificatillll by the Dimct Manager. Upon completion or-planlins, the Comnu:lor abaU	from tho site 11Xi;:eS$ soil, planting conl&incrs and debris, mid repair any damage to &trucblres, etc., l'eSl!ltin from plenting opeiaticms.
The Contractor shall be tespOnsible for assuring that ell plants. at the time or finlll lrispc:ction, exhibit me chal:actmistici and que:lifioalian reqliln:d for the grad-e of plant as originnlly specified.

 	...  -   .... ii!l-·i.i;;,,.;'i·.i!M;•lf·il! FF;;;_,.,_-,j_fl!.I.JilFlii  •   i-¥!ii •  -	i ve work-1s- compl	il!iiludint 0Djj'iii!ig c  iii_·  :aa:cf:i,   rn    ·r tU		-- ;;; ••   •      · ·
or its deslgnee will make an obsef\llltioil 10 dc:tcnninc aci:cptabillty. The vegetalive work may
not be reYiewc:d for fuial acceptanoe in parts.

Pa.11e 16ofl9

1'otnci1111a CDD	Scqie orServtces
Aqua l'la!,t Malnlffllnce	Sepiembcr 2013

Wh;re veget tive w does not cooiply with the rcq ments, !be Contractor shall replxe ect.ed w and eonlinue specifi main ll8@e until rc.:observed by \he District Manager or its desipee an!f found to be accqnable and will continue the guaran perio4. The Contrac:tor sl!all remo11e rejected planta and Pl&leriats promptly from the project site.

Al llieend of the pranteeperiod, inspection of p1'nt"s will be milde-1:iy the Distrid Manager or ils desi111cc Upoll wn"IIIIIJ nodacn=qucatiug sach.iospcction,submitted DY the Conat I three (3) days before the anlieipaied inspectio11. All defects discoven:d sluill be n:paired or n:_placcid by &he C011tn=tot 1>erorc final -
cl Upon C0111plction qf the work, prior.to FirP!l Ac:eeptance, lhc: Conuactor -f.hall thOfOllghly clean the project site. 1n addition to removing all !14Uipll!ent, unvsed ms,dc:l.etcrious material,          end SUll!lu lftDteiialt, th Contnctor shall comet 111y damaged structures or vegetation altered as• result orlbe lll!dlcape wott.
6.	AdmlnlstratioplMalntenance/Op:eratloa&ptg&ra111
The CantracU!f sail develop policies and procedures and implenu:o1 an Administration, Operation, and
MaintenlDCC Program. "I\al program s\iall'include, bin not belimited to, the following:
6.1	General
,1 Thia program •P be a comprehensive ll&Mllive 11,111!, w applicable, graphic/diagnnnlSla1ie lillpltlllllion of polichs and prQCedun:s which $ I &<WO"' the ContriiJ:tor's Services provided unda-11\is AgR:em t icsenerallyO'!ltUl)ed in this Scope o!Sei'vicca. TJie.11rogram document shall contein key lnfcmnalion relative10 the majonomponenlll dcseribcd lielow.

TheJIIOl!tlffl dOC11men1 shall bepre=ted in a lhree-ring b"lllder usiag standanl 8½" :x 11" pages, iib1g!Mplli:ed for Wt graphics. lrildfor diagrams, and with, If neCCSlaO', 11• -x t7" paps ror diiignmi andfor !tflPhic:1 that fold OIIL The docume111 shall inclllile as a mi1ii111um. .a fable of COlllents, sect.ion dividers; a111Dbe.re(I page:,. i!ffi!ance dale of	-pa e. and appendices as n,qulred. Each copy shall be nmnbcml lllld .a log illiail be kept by the Contractor of documont hol!fm (refer10 Stclian 2.9.3, 0. DispmiaU
6.1.2 The program docwnen1s shal_l be kept iip-lQ-date at .all times by lhe Contractor. Revislo!lll to the clocµmc:n1 aha.II l1e- indicated by Cootnoµi on the revised pages. Revisions sb;ill be.distributed b}' the Contractor to alldocument holders.
6.l.2 1'MCon1ractQr ,hallpn:pa:e dnlft copie1roflhc docwnent for reviow u.a comment l!Y the District Manager witbi tliiify (30) calendar days of the nolice 10 proued with ihe Services, The Omtl1!-ctor snail anticipate at least two (2) more ddilional review,, by tho District prior 10 issuance: of the final documc:nl All Distpcl Manager c:pinmenl.$ shall be UlGOipOratcd into lite ciQcwnen1. The (:oncnictor shall .be responsible for prepl!ring and submitting the following numbe-r of copies oflheprogram document to the District Manager.

JF> . . -•••.imiiiiK:- • ··

    ,;:	llfi 1--

FirslDraft
Second Draft
Tbir'4.t>raft
fioal.Docwnent
·-;;;.,_,.., m -...-:  '.- ·•   --, •--

Sm (6) bcn1ud copies. one(l) 1tnbouucl CClpY Six (6) bound copies, one{l) unb®nd copy Six (6)bound copies. onli{l)Wlbound(Opy
(I ) bo.Wld_cop  w  JZ) diS!tal  _  ic:s on CD _

_ _ .,_.•.

Administration
6.21 ·:rho administralivc: scetia.ns of Ille program document shall, at a roinimum, address 11\osc
Page 17o°fl

Poinciana CDD
AQuttic Plbnt Maintenance

Scope or Services
Sepu:mber 2013
runctions which B.!l!I the osibUity orihe ConttactQJ' ffill lO all admini_strad matler.i

geiM;f81ly destribed in tlie Soop ofScrvklcs and a ·oudinccl below.
6.2.2    O nizaHon!d	for atlministraliVfi illallagemi;nt filactlOI\S inchtde key 11$r&!!llllcl namca. job
tiiles,·and phone11umbers.
.6.2.J     Policies and proce,durcs related10 thc-Conll'aClor?s program rar QDlllmunications with •the Solivita community relative to geaeral mauitC111111ceopemliolls and GUSIQmer services.

6.2.4 Policies anii pn:icedwes related 10 the coonllnalion and cammunicatiou with deve . bu.ildcrs Md others who aie a part of the conlinull!i c!IMllopmcrtl and construction of the Solivita commanit.y.	·
6.2.S	Perso_nn  I pol) and procedures   ted to the Contncior's pei,onnel petfonning Sen-ioes on
!he Poinciana CDO site.

Operations

6,3.1 The o ons section of the prpaqm d ent shall, at .• mjulmum, address !hose func:1lons whicb me the rqponslb!lity of the Conrelated ID all operatlollll'oustoma-ScrVice 111attets gcncral.ly descri in the Scope of Services and1111 oullincd below.
6.3.2 Organiutional chans for opemioas 11114 c:ustome.r service ielaled fauclions Include oy pmonncl
names, job titles, and phopc numbers,

6J .3 Policies and proccdUJQ ?dated to eine- situatim)!; including 24-bour notificalion, em.crgcr1c:y phone numbers, Contractor mobllizalion and responso lime (refer to Section 7.2, Bmcrg cy Rc$ponse Prognim forilirtbei'details), tlQd III fanh.
6A	Maiaw ,■11.ee
1'hc maintcnanoc section of tbc program doeunient shall. at a·millimwn, addras \hose funelicos which ·arc the R$pOIISibiUly of the Contractor related to all maintenance ma11er11 generally desoribed in tht Scope orScrvicca ud as outlined below
Contractor slialt provide all safety ciqmpmcni required by the activities outlilled In this Scope. Bm!iloyecs shall be prowled sati:ty ecpi lil midproper instnletion/CCJt'ificiltion for their work
.usi gll!Tla!tl. -Al.I e4uipmont, aafot.y .	and bclbicide spray a pp■ral sball be llllintai11ed in
gOQd weirldng QT'dcr.	·

6 .4.3	All gatc;s ,mall be clo1ed and loekal if applicable after acocssin,1 pond to perfc:inn mllUlWlom:e
servioes.
The Administration, Operation, and MaiDteiuiuce l'rogrmn shall be submitted by tl}c Conl!'I\CtOI' for review nod 1ppmval by the District Manager. The Conlractot shall modify the l)l'Ogram as requiie4 by the Dislric1 Manager.
7,	Respoost Time and Emergency Respolile Prognm

-4P-·  - .,	• - tart,.

de 1		-er l _

_ f;f.-within the,..amount o f.._   .jndi	.:..l:liifnf" i!!ii?[llil1i·i0il-:eea;.:rn1llll.l.!_llilPll  11!11"9Jiii"';"·•·".'$:_f-.SS·i=-ia

:.,a9isii::!l!i!!!iiii!!le"

1 ·s t

following is general llS!I time information and reqlliremC{ltS for the Em	Rcsponi;e Pro,sr.m to be developed, implemented, and ma!nialned by the Con1m=ir.

Page l8 ofl9

Poinciana CDD
Aquatic Plant Main

li;111ergeney R,esponse Pro1nm

Scoitt, of"Services Soptombi:r 2013

The Cc.intractor -shall develop, impiemein arul maintain JIil Bme18enay Response Program (ERP) for emergency work that must proocted immediately to avoid pmperty damage or result in a public heeJlh or safety hllZllltl. The ERP aball adcltas emergency situati011S mclui!ing, but nol lia111cd 11:1, thefollowing items:
Fis!) Jellis
Spil ls.
Equipntent Failures
Water Qualfiy Mllllitoring Results out of compliance Additionally, the ER.P sball111dd- the following:
1,1e parties to bo notified
P.cr$onnel, cq11ipmcm, and emCJ'&ellcy NJ)llir i::ontractors on call and who will respond to each type of
emetgmii:y.
P	for notifying the Districl, DiSlrictJQuaacr, the Solivita comlUWlity, AV Home&, and Oilier utility companies C!I" rqulatoiy agencies affected by the li$tcdcmergeo.l))'.
The Co\ltractor 8'ui11	Jl!&lntain, ll!ld dislribute au	manual •iling lhc procedures &!Id
iapooaibilities forsituations Jl$(ed above Ind any other situation aeem(:d apprc)pi,atc by the PIStrict.
nie ERJ> Manual sjlall be included in the ol'C@tions !CCtion of the AdmlnislralivefMalnlellaned Gp,ntions
Pregrain {n:fa- to$C!Ction 6 Corfu 1&).

---	-- -	':.J.:"p:·	-·
l'llg l!lotl9

ExhibitB

The following ponds, as identified on the attached map dated June 2018, are included within the scope of this agreement:

A-1, A2, A-3, A-4, A-5, A-6, A-7, A-8, A-9, A-l0A, A-10B, A-11, A-12, A-13, A-20, A-21, A-22; and

B-1, B-5, B-6, B-11, B-15, B-16; and

C-1, C-2, C-3, C-6A, C-6B, C-8, C-9, C-10, C-11, C-12, C-13, C-14, C-15, C-16, C-17, C-18, C-19, C-20; and

D-1 D-2 D-3 D-4 D-5 D-6 D-7 D-8  D-9  D-10  D-1, 1· and E-1, E-2, E-3, E-5, E-6, E-8, E-11, E-18, E-19, E-21, E-31; and
F-7.

,     _..	-      : m&: :  so .. ¾    _._	• 		 			-·-

----------

SOL'ij}ITA POINCIANA COD WETLAND & POND OWNERSHIP MAP
sUE21111

•

S ECTf·ON -C

SEqIONl.

AGREEMENT BETWEEN POINCIANA COMMUNITY DEVELOPMENT DISTRICT AND CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC. FOR THE PROVISION OF MIDGE CONTROL SERVICES

This Agreement (the "Agreement") is made and entered into as of the pt day of October, 2018, 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

Clarke Environmental Mosquito Management, Inc., an Illinois corporation, whose local address is 3036 Michigan Avenue, Kissimmee, Florida 34744 (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 improvements and for providing certain services, including midge control services; and

WHEREAS, the District desires to retain an independent contractor to provide  midge control services within the District, as more particularly shown on the attached Exhibit A; and

WHEREAS, the Contractor represents that it is qualified, willing and able to provide such services to the District; 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 2.	DESCRIYTION OF WORK AND SERVICES.

The duties, obligations, and responsibilities of the Contractor are to provide the services, labor and materials necessary for the provision of midge control services within the District, as described herein and in Exhibit B, which is attached hereto and incorporated herein by reference (the "Services").

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 services shall be paid only as negotiated between the parties and upon the written authorization of the District.

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

The Contractor shall report directly to the District's Designee who shall be the District 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 B. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

SECTION 3.	COMPENSATION; TERM.

As compensation for the completion of the Services, the District agrees to pay the Contractor Twelve Thousand Five Hundred Eighty Three. Dollars and Thirty-Three Cents ($12,583.33) per month, which amount includes all tools, labor and materials necessary to complete the Services. The term of this Agreement  shall  be  from October 1, 2018 through September 30, 2019, unless terminated earlier in accordance with the terms of this Agreement.

If the District should desire additional work or services not provided in Exhibit B, the Contractor agrees to negotiate in good faith to lllldertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement as set forth in Section 4 herein.

The District may require, as a condition precedent to making any payment to the
C  .nu-actor  that all subcontr ctors, material Mi{l, s=	liers ocJpbereor AA eland- -
---   -w•-	'!!11.I!fll!llr!i!!e!l'-e::vioence, m  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 Con1racior, in a fonn satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, bas been paid and that the Contractor bas met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

---

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render an invoice to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. This invoice is due and payable within forty-five (45) days of receipt by the District, or in accordance with Florida's Prompt Payment Act, whichever is sooner. The invoice shall 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 perfonn 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 represents 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 the service is not represented by a lwnp sum or 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 S. INSURANCE.  Contractor  shall, at its own expense,  maintain insurance during the performance of the Services under this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

statutory

$1,000,000
$1,000,000

Automobile Liability (if applicable)
Bodily Injury and Property Damage

Pollution Liability

$1,000,000

, 		i!lili!l--=  -...!lli!laM  icidell>	e Applicators c erage,.......--.  -	-'	M ili'il---.......,...........,..,._.,...

Contractor shall provide the 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 6. 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  7.	COMPLIANCE   WITH   LAws,  ORDINANCES AND  REGULATIONS.	The
Contractor shall keep, observe, anq. perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or material.men, or with respect to terms, wages, hours, conditions of  employment,  safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such  notice,  order, request to comply notice, or report of a violation or an alleged violation, the  District  may terminate this Agreement, such termination to be effective upon the giving of notice  of termination.

SECTION 8.	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
     o  r  iJD.	{ J be	Di.   c  ! j;_Jj  ght     to    	ct....  :-:°:_ii  lih  9QlriP!S1	1l.  ,,p¥sza tltjrd,_p.ar.ty  to	   ··-  ·<-  wc  iili-  2    .,.
gfeement	·	·	··

SECTION 9.  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 attorney's fees, paralegal fees, expert witness fees and  costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 10.  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 11. 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 12. NOTICES. All notices, requests, consents and other communications under this Agreement (''Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to District:

With a copy to:

If to Contractor:

Poinciana Community Development District
135 West Central Boulevard, Suite 320
Orlando, Florida 32301 Attn: District Manager

Hopping Green & Sams PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Michael C. Eckert

Clarke Environmental Mosquito Management, Inc. 3036 Michigan Avenue
Kissimmee, Florida 34744
Attn: Pete Deglomine

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 recogniz.ed by the United States government shall not be

 	... liii,iii!

.	telc	nt		ii{		! S \'!¢!t =	f!	ep;;!;: h		- r	55

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 13. 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 14. THIRD PAR1Y 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 fomial party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

SECTION 15. 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 16. 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. Venue shall be in Polk County, Florida

SECTION 17. INDEMNIFICATION.

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

percentage of fault attributable to Contractor for claims against the District, regardless

.,...

--  2'   'illft!i lliSWJe i5:	j	e4 tob	re.8.-1J  ap}%at  -  t	nnww- 	__, er
agrees that noth:ing herem shall constitute or be construcil as a wmver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

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

SECTION 18.	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 19. 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 20. OWNERSIDP OF DOCUMENTS. All rights in and title to all plans, drawings. specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, r ports, 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.

SEcnON 21. COMPLIANCE WITH PUBLIC RECORDS LAWS.  Contractor  understands and agrees that all documents· of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian  for  the  District  is  George  Flint  (''Public  Records  Custodian").   Among  other
requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided  in Chapter  119, Florida Statutes;  3) ensure that public records which are exempt or

confidentiaJ,. au.d exempt ftO_!ll public records  	elpo	e reauj;ements,	e not disclosed   cept as
-  ...;;;;;;;;.:-'iiiillss-";;;;;;i-ifliiilo!i!n!  ze	y  law  for the duration  of  the contract term  anarol'iowing  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 TIDS  CONTRACT,  CONTACT THE CUSTODIAN OF PUBLIC RECORDS, GMS-CENTRAL FLORIDA, LLC, AT (407) 841-5524, GFLINT@GMSCFL.COM, OR 135 WEST CENTRAL BOULEVARD, SUITE 320, ORLANDO, FLORIDA 32801.

SECTION 22. 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 23. 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 24. 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.

[SIONATURES ON NEXT PAGE]

-·

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

Attest:	POINCIANA COMMUNITY DEVELOPMENT DISTRICT

Secretary	

Witness:		CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC.

PrintN

s	
Title:	C •tvTe..o L	

Exhibit A:	Map of District Ponds
Exhibit B:	Scope of Services

EXHIBIT A
Map of District Ponds

===-

. - -
-------- -

SOL/j•)JrT'A POINCIANACDD WETLAND & POND OWNERSHIP. MAP
.l.leJDII

General Conditions:

EXHIBITB
Scope of Services

Contractor shall do the following:
Maintain a computer system and record keeping database;
Provide educational brochures and public relations regarding  aquatic midges to the residents of the District, if requested by the District;
Make available an Aquatic Midge Citizen Response Hotline, which will be available to residents of the District; and
Provide program consulting and quality control services.

Service Guarantee. Contractor shall respond to and resolve all verbal or written concerns from the District's Board and the District's residents concerning program effectiveness.

Attendance at Meetings. Upon request of the District, Contractor shall attend regularly scheduled District meetings.

Adult Aquatic Midge Management. Contractor shall perform at least forty (40) separate· Ultra Low Volume ("ULV") applications from October 1, 2018 through September 30, 2019. Each application will be an ULV application, which will utilize a community-wide truck that will spray Anvil/Biomist or synthetic pyrethoid insecticide covering up to eleven (11) miles of approved street/road areas within the District, and will utilize an ATV to provide treatments covering up to eleven (11) miles of shoreline areas at least including Ponds A-9, A-lOa, A-l0b, A-11, A-12, A-13, B-1, B-15, C-2, C- 10, C-12, C-20, D-5, D-6, D-7, D-8, D-9, E-1, E-2, E-3, E-21, E-31 and F-7. Contractor shall be responsible for scheduling the UL V applications during the year to maximize the effectiveness of its aquatic midge control services. Upon request, Contractor shall also provide notification of community contact. weather limit monitoring and compliance, UL V particle size evaluation, and insecticide dosage and quality control analysis.

Boat / Backpack Blower Larval Control. Boat or backpack blower treatments will consist of treating the ponds and/or retention areas on the property, up to one hundred thirty (130) acres at least including Ponds A-9, A-lOa, A-lOb, A-11, A-12, A-13, B-1, B-
;r   · -3 S;Wl ? _  C 	G  	'1 20, D-5, D-6, 04  , D· s;aia 9:m-  1-, E ?:ji  J;zE N -;--Er  3   	d F-7. ·- --­
The ponds will be treated using 5% Abate pellets or Abate 4E liquid. The retention areas will be treated throughout the year from October 1, 2018 through September 30, 2019, when midge larvae are present, treatment is deemed necessary by standard observation methods, or in response to resident concerns. Abate pellets shall be the larvicide used and shall be applied at a rate of eight (8) pounds per acre or Abate 4E Liquid shall be applied at 1.5 ounces per acre. Contractor shall be responsible for scheduling the larval control treatments during the year to maximize the effectiveness of its aquatic midge control services.

---•··- ...

- · -- - -=

S ECTION VI

S ECT1·0	-C

SECTION 1

Poinciana
Community Development District

Summary of  Check Register

August 14, 2019 to September 11, 2019

	Fund	Date	CheckNo.'s	Amount	
	General Fund	8/20/19	2807-2809	$	24,711.03	
		8/30/19	2810-2811	$	1,127.35	
		9/4/19	2812-2813	$	51,211.97	
		9/9/19	2814	$	8,466.82	
		9/11/19	2815-2817	$	126,267.17	
				$	211,784.34	
	Payroll	August 2019
Anthony Reed	
50074	
$	84.70	
		Elizabeth Lambrides	50075	$	184.70	
		Lita Epstein	50076	$	184.70	
		Michael Luddy	50077	$	184.70	
		Robert Zimbardi	50078	$	184.70	
				$	823.50	
$	212,607.84 1

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/11/19
***  CHECK DATES 08/14/2019 - 09/11/2019 ***	POINCIANA - GENERAL FUND
BANK A GENERAL FUND

PAGE	1

CHECK  VEND# •••..INVOICE•...•..•EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

STATUS	AMOUNT	.•..CHECK••••.
AMOUNT	#

8/20/19 00009

8/20/19 00011

8/20/19 00005

8/30/19 00010

8/30/19 00017

8/15/19 4651	201908 320-53800-47000
AQUATIC SERVICES AUG19
CLARKE AQUATIC SERVICES, INC.
8/15/19 1008362	201908 320-53800-47100
MOSQUITO MGMT SERV AUG19
CLARKE ENVIRONMENTAL MOSQUITO
7/29/19 LH343046 201907 310-51300-48000 NOT.PUB.HEAR.FY19/20 BDGT
8/05/19 LH343046 201908 310-51300-48000 NOT.PUB.HEAR.FY19/20 BDGT
THE LEDGER
8/20/19 6-713-12 201908 310-51300-42000
DELIVERY 08/15/19
FEDEX
8/26/19 2141784 201907 310-51300-31100
INTERIM ENG. SERVS JUL19 8/26/19 2141784A 201908 310-51300-31100
INTERIM ENG. SERVS AUG19

*	8,616.66
- - - - - - - -  -  - -8,-61-6.-66- 002807
*	12,583.33
- - - - -  -  - - - - -12-,58-3.-33- 002808
*	1,755.52
*	1,755.52
- - -  -  -  - - - - - -3,-51-1.-04- 002809
*	242.35

-

- -	-  -  -  -  -  -  -  - -24-2.-35- 002810
*	295.00
*	590.00

9/04/19 00004

9/04/19 00031

GAI CONSULTANTS, INC
9/01/19 4210	201909 320-53800-46200
LAWN MAINTENANCE SEP19
FLORALAWN 2, LLC
7/02/19 19-0686	201906 320-53800-48300
MOB/FILL/PUMP/SOD/SKIMMER

*	11,970.42

*	39,241.55

885.00 002811

11,970.42 002812

9/09/19 00001

ALL TERRAIN TRACTOR SERVICE, INC.
9/01/1962	201909 310-51300-34000	*
MANAGEMENT FEES-SEP19
9/01/1962	201909 310-51300-35200	*
INFORMATION TECH-SEP19
9/01/1962	201909 310-51300-31300	*
DISSEMINATION FEE-SEP19
9/01/1962	201909 310-51300-51000	*
OFFICE SUPPLIES
9/01/1962	201909 310-51300-42000	*
POSTAGE
9/01/1962	201909 310-51300-42500	*

*

COPIES
9/01/1963	201909 320-53800-12000
FIELD MANAGEMENT-SEP19

3,750.00
125.00
416.67
21.59
49.47
211.05
833.33

39,241.55 002813

POIN POIN CDD	TVISCARRA

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/11/19
***  CHECK DATES 08/14/2019 - 09/11/2019 ***	POINCIANA - GENERAL FUND
BANK A GENERAL FUND

PAGE	2

CHECK  VEND# .....INVOICE•....•.•EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS
9/01/1963	201909 310-51300-42000
MAIL NOTICES
9/01/1963	201909 310-51300-42500
ENVELOPE/LETTER/MAIL 9/01/1963	201909 310-51300-51000
ENVELOPE/LETTER/MAIL

STATUS

*
*
*

AMOUNT	•...CHECK.....
AMOUNT	#
366.67
1,346.52
1,346.52

GOVERNMENTAL MANAGEMENT SERVICES-CF
9/11/19 00003	6/26/18 22930	201806 300-13100-10000
FAC.AQUIC.ASSESS.METHOD.

- - - - -  -  - - - - -8,-46-6.-82-
*	22,500.00

002814

FISHKIND & ASSOCIATES, INC.
9/11/19 00002	9/17/18 102653	201808 300-13100-10000
PROJ. CONSTRUCTION SEP18 9/17/18 102654	201808 300-13100-10000
SALES-REC.FACIL.SEP18
10/25/18 103488	201809 300-13100-10000
PROJECT CONSTRUCTION SEPT 10/25/18 103489	201809 300-13100-10000
SALE-REC.FACILITIES SEPT.
11/27/18 103894	201810 300-13100-10000
SALE-REC.FACILITIES OCT18 12/21/18 104460	201811 300-13100-10000
PROJ. CONSTRUCTION NOV18 12/21/18 104461	201811 300-13100-10000
SALE-REC.FACILITIES NOV18 1/22/19 105068	201812 300-13100-10000
SALE-REC.FACILITIES DEC18

-  -  - - - - - - - - 2-2,-5-00.-00-
*	4,911.00
*	27,634.65
*	1,262.50
*	23,011.98
*	33,157.80
*	62.00
*	3,375.15
*	5,174.00

002815

HOPPING GREEN & SAMS
9/11/19 00027	11/16/18 83257	201810 300-13100-10000
ACQUIS. AV HOMES/TAYLOR M 12/14/18 83592	201811 310-51300-31500
RESEARCH/REV.AGNDA/MTG
1/09/19 83838	201812 300-13100-10000
ACQUIS. AV HOMES/TAYLOR M

- - - - - - -  -  -  - 98,-5-89.08- 002816

-	-

*	2,066.85
*	1,902.00
*	1,209.24

LATHAM, SHUKER, EDEN & BEAUDINE	5,178.09 002817

TOTAL FOR BANK A TOTAL FOR REGISTER

211,784.34
211,784.34

POIN POIN CDD	TVISCARRA

.  .
S ECTION 2	·

•

•

•

•

•	•	•	•	•	•

Poinciana
Community Development District

Unaudited Financial Reporting
August 31, 2019

•	•	•	•	•	•	•	•	•	•	•	•	•	•

Table of Contents

Balance Sheet

General Fund Income Statement

Debt Service Income Statement

Month to Month

FY19 Assessment Receipt Schedule

Poinciana
COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET
August 31, 2019

	General	Debt Service
 	Fund	Fund				Totals
 	2019		

ASSETS:					
CASH					
OPERATING ACCOUNT - SUNTRUST	$387,891			$387,891	
MONEY MARKET ACCOUNT	$52,786			$52,786	
CERTIFICATE OF DEPOSIT	$109,814			$109,814	
INVESTMENTS
SERIES 2012A-1 & A-2					
RESERVE A-1		$535,748	$535,748	
RESERVE A-2		$322,618	$322,618	
REVENUE		$705,039	$705,039	
GENERAL REDEMPTION		$16,737	$16,737	
REDEMPTION A-1		$663	$663	
REDEMPTION A-2		$2,848	$2,848	
DUE FROM DEVELOPER	$159,084		$159,084	
DUE FROM DEBT SERVICE	$1,486		$1,486	

I	I

TOTAL ASSETS	 	$711,060	$1,583,652		 	$2,294,713

LIABILITIES:
ACCOUNTS PAYABLE	
$208,962			
$208,962	
DUE TO GENERAL FUND		$1,486		$1,486	
FUND EQUITY:					
FUND BA LANCES :
RESTRICTED FOR DEBT SERVICE 2012A-1 & A-2		
$1,582,166		
$1,582,166	
OPERATING RESERVE	$155,224			$155,224	
UNASSIGNED	$346,874			$346,874	
TOTAL LIABILITIES & FUND EQUITY	$711,060	$1,583,652		$2,294,713	

Poinciana
COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND
Statement of Revenues & Expenditures
For The Period Ending August 31, 2019

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 8/31/19	ACTUAL THRU 8/31/19	
VARIANCE	
REVENUES:					
ASSESSMENTS· TAX COLLECTOR	$465,755	$465,755	$476,005	$10,251	
ASSESSMENTS· DIRECT BILLED	$58,281	$58,281	$58,281	$0	
ASSESSMENTS· DEVELOPER	$96,604	$96,604	$96,604	$0	
INTEREST	$3,500	$3,208	$2,927	($281)	
MISCELLANEOUS INCOME	$0	$0	$100	$100	
TOTAL REVENUES	$624,140	$623,848	$633,918	$10,069	
EXPEND ITU RE S:					

ADMINISTRATIVE:					
SUPERVISOR FEES	$12,000	$11,000	$7,400	$3,600	
FICA EXPENSE	$918	$842	$566	$275	
ENGINEERING	$18,000	$16,500	$10,967	$5,533	
ATTORNEY	$30,000	$27,500	$31,519	($4,019)	
ARBITRAGE	$450	$0	$0	$0	
DISSEMINATION	$5,000	$4,583	$4,733	($150)	
ANNUAL AUDIT	$3,590	$3,590	$3,590	$0	
TRUSTEE FEES	$7,000	$7,000	$7,020	($20)	
ASSESSM ENT ADMINISTRATION	$5,000	$5,000	$5,000	$0	
MANAGEMENT FEES	$45,000	$41,250	$41,250	$0	
INFORMATION TECHNOLOGY	$1,500	$1,375	$3,875	($2,500)	
TELEPHONE	$100	$92	$50	$42	
POSTAGE	$2,400	$2,200	$2,410	($210)	
PRINTING & BINDING	$2,700	$2,475	$734	$1,741	
INSURANCE	$15,447	$15,447	$13,811	$1,636	
LEGAL ADVERTISING	$3,500	$3,208	$5,882	($2,673)	
OTHER CURRENT CHARGES	$100	$92	$444	($352)	
OFFICE SUPPLIES	$300	$275	$473	($198)	
PROPERTY APPRAISER	$9,628	$9,628	$6,274	$3,354	
DUES, LICENSES & SUBSCRIPTIONS	$175	$175	$175	$0	

FIELD:					
FIELD MANAGEMENT	$10,000	$9,167	$9,167	$0	
ELECTRIC	$2,000	$1,833	$1,115	$719	
LANDSCAPE MAINTENANCE	$143,645	$131,675	$131,675	($0)	
AQUATIC CONTROL MAINTENANCE	$98,000	$89,833	$94,783	($4,950)	
AQUATIC MIDGE MANAGEMENT	$172,800	$158,400	$138,417	$19,983	
R&M DRAINAGE	$3,000	$2,750	$0	$2,750	
R&M MULCH	$4,500	$4,125	$0	$4,125	
R&M PLANT REPLACEMENT	$4,060	$3,721	$1,400	$2,321	
STORM STRUCTURES REPAIRS	$50,000	$45,833	$57,736	($11,903)	
CONTINGENCY	$10,000	$9,167	$199	$8,968	
CAPITAL OUTLAY	$20,000	$18,333	$5,885	$12,448	
TOTAL EXPENDITURES	$680,813	$627,069	$586,548	$40,521	
					
EXCESS REVENUES (EXPENDITURES)	($56,673)		$47,370		
					
FUND BALANCE · BEGINNING	$56,673		$454,729		
					
FUND BALANCE· ENDING	$0		$502,098		

Poinciana
COMMUNITY DEVELOPMENT DISTRICT

SERIES 2012A-1 & A-2 DEBT SERVICE FUND
Statement of Revenues  & Expenditures
For The Period Ending August 31, 2019

	ADOPTED BUDGET	PRORATED BUDGET
THRU 8/31/19	ACTUAL
THRU 8/31/19	
VARIANCE		
REVENUES:							
ASSESSMENTS - TAX COLLECTOR		$1,404,442	$1,404,442	$1,430,481	$26,039		
ASSESSMENTS-DIRECT BILLED		$313,990	$313,990	$313,990	$0		
ASSESSMENTS -PREPAYMENT		$0	$0	$18,314	$18,314		
INTEREST		$0	$0	$5,192	$5,192		
TOTAL REVENUES		$1,718,432	$1,718,432	$1,767,977	$49,545		

EXPENDITURES:							
ADMINISTRATIVE							
PROPERTY APPRAISER		$28,380	$28,380	$14,495	$13,885		
SERIES 2012A-1
SPEOAL CALL · 11/1		

$0	

$0	
ss,ooo	

($5,000)		
INTEREST · 11/1		$209,850	$209,850	$209,850	$0		
PRINCIPAL-05/1		$600,000	$600,000	$600,000	$0		
INTEREST-05/1		$209,850	$209,850	$209,753	$97		
SPECI AL CALL · 05/1		so	$0	$5,000	{$5,000)		
SERIES 2012A·2							
INTEREST -11/1		$160,425	$160,425	$160,419	$6		
PRINCIPAL· 05/1		$285,000	S285,000	$285,000	so		
INTEREST - 05/1		$160,425	$160,425	$160,419	$6		
TOTAL EXPENDITURES		$1,653,930	$1,653,930	$1,649,936	$3,994		
							
EXCESS REVENUES (EXPENDITURES)		S64,502		$118,041			
							
FUND BALANCE - BEGINNING		$612,054		$1,464,125			
							
FUND BALANCE - ENDING		$676,556		$1,582,166			

Poinciana
Community Development District

REVENUE$·	Oct	Nov	Dec	J•n	Feb	Ma,		Mal	Jun	Jul	A	s...	Total	
ASSESSMENTS· TAX COLLECTOR	$0	Sl!6,967	$325,669	$21,628	$12,428	$S,S38	$14,407	$5,764	$3,593	$12	$0	$0	$476,005	

..,,

ASSESSMENTS - OI.RECT Btu.ED	$0	$58,281	$0	so	$0	$0	$0	$0	$0	so	$0	so	$58,281 ASSESSMENTS - DEVELOPER	$0	$!!6,604	so	$0	$0	so	$0	$0	$0	$0	$0	so	$96,604
INTEREST	$192	$263	$334	$362	$265	$266	$264	$257	5248	$243	$231	$0	$2,927
MISCEUANEOUS INCOME	$0	$0	$0	$0	$0	so	$100	$0	$0	$0	$0	so	$100
TOTAL REVENUES	51'2	$,242,116	$326, 003	521,990	512,693	SS,804	Sl4 ,771	56,022	$3,841	5255	$231	S633,9181

EXPENQQURES·
ADMINJSTRATM·
SUPERVISOR FEES		$0	$200	$1,200	$800		$0	$1,600	$1,000	$600	$1,000	$0	$1,000	so	$7,400 FICA EXPENSE		$0		$15		$92		$61		$0		$122		$77		$46		$77	$0		$77	so		$566 ENGINEERING	$148	$590	$1,180	$590	$468	$1,180                      $1,698                      $1,328                $2,311                      sass            $590                      $0                      $10,967 ATTORNEY                                                                             $454                         $11,867                           $4,SW                       $3,249                           $Qll                           $2,043                               $3,051                        $2,751                $2,556                         sa•               $0                              $0                    $31,519
ARBITRAGE	so	so	$0	$0	$0	so	$0	so	so	$0	$0	so	$0
DISSEMINATION	$467	$417	$417	$417	$417	$S17	$417	$417	$417	$417	$417	$0	$4,733
ANNUAL AUDIT		$0	$0	$0	$0	$0	$0		$0	so        $3,590	$0	$0	so	$3,590 TRUSTEE FEES		$0	$0	$0	$0	$0	$0	$7,020	so	$0	$0	so	$0	$7,020 ASSESSMt:NT ADMINISTRATION	$5,000	$0	$0	$0	$0	so		$0                             $0                      $0                         $0                               $0                         $0                      $S,000
MANAGEMENT FEES	$3,750	$3,750	$3,750	$3,750	$3,750	$3,750	$3,750	$3,750	$3,750	$3,750	$3,750	$0	$41,250
INFORMATION T£OINOLOGY	$125	$125	$125	$2,625	$125	$125	$125	$125	$125	$125	$125	$0	$3,875
TELfPHONE	$0	$13	$5	$0	$5	$0	so	$10	$0	517	$0	$0	$SO
POSTAGE	$98	$537	$183	$251	$25	$218	$264	$266	$255	$14	$299	$0	$2,410
PRINTING & 81NCMNG	$135	$11	$101	$73	$154	$0	$73	$42	$88	$56	$1	so	$734
INSURANCf	$13,811	so	$0	so	$0	$0	so	so	$0	$0	$0	so	$13,811
LEGAL ADVERTISING	$0	$347	5267	$267	$0	$267	$417	5267	$267	$2,027	$1,756	$0	$5,882
OTHER WRRENT OIARGES	$0	$0	$36	$167	$45	$45	$74		$39	$39		$0	$0	$0	$444 OFFICE SUPPLIES	$1	so	$18		$18	$88	$29		$0	$278	$21	$20	$0	$0	$473 PROPERTY APPRAISER	$0	$0		$0			$0		so		$0                              $0                             $0                        $0                         $0                       $6,274                            $0                       $6,274 DUES, LICENSES & SUBSCRIPTIONS                                          $175                                  $0                                $0                              $0                           $0                                $0                                  so                 $0                     $0                         $0                        $0                      $0                       $175

FIElD:
FIELD MANAGEMENT		$833		$833		$833		$833		$833		$833	$833	$833	$833	$833	$833	$0	$9,167 ELECTRIC			$86			$91			$94			$90		$101		$116	$114	$110	$105	$106	$103	so	$1,115 LANDSCAPE MAINTENANCE	$11,970	$11,970	$11,970	$11,970	$11,970	$11,970                              $11,970                       $11,970               $11,970                   $11,970                     $11,970                             so           $131,675
AQ.UATtcCONTROLMAINTENAN.CE	$8,617	Sl!,617	$8,617	Sl!,617	Sl!,617	$8.617	$8.617	$8,617	Sl!,617	Sl!,617	Sl!,617	$0	$94,783
AQUATIC MIDGE MANAGEMENT	$12,583	$12,583	$12,583	$12,583	$12,583	$12,583	$12,583	$12,583	$12,583	$12,583	$12,583	$0	$138,417
R&M DRAINAGE	$0		$0	$0	$0		$0	so	so	so	$0	$0	$0	$0	$0 R&MMUL.Oi	$0		$0	$0	$0		$0	$0	so	so	$0	$0	$0	$0	$0 R&M PLANT REPLACEMENT	so	$3SO	$0	$0	$1,050	so                   $0                         $0                     $0                        $0                         so             $0                          $1,400 STORM STRUcrURES  REPAIRS                                                       $0                                    $0                                $0                           $0                      $SS9                                    $0                                       $0                            so        $39,242                  $17,936                              $0                         $0                 $57,736
CONTINGENCY		$0	so	$0	$0	$0	$199	so		$0	$0	so	$0	so		$199 CAPITAL OUTlAV	$5,857	$0	$0	$0	$0		$0	$0	$28	$0	so	$0	$0	$5,885
TOTAL EXPENDITURES	 	$64,109	$52,316	$46,331	$46,363	$41,391	$44,214	$52,082	$44,0S9              $87,845	$59,445	$48,395	$0	$586,548 1

EXCESS REVENUES/(EXl'£NOITURESI	lS63,1117)	$189,800	$279,672	($24,373!	($28,6981	($38.UO!	($37 , 311)	($38.03!1	($8,4  004 !	!$59,190)	($48,1641	so	$47,370   1

4

Poinciana
COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENTS FY2019 RECEIPTS MAINTENANCE

GROSS ASSESSMENTS $
CERTIFIED NET ASSESSMENTS $

499,824 .26
469,834.80
100%

DATE	CHECK
NO	GROSS ASSESSMENTS
RECEIVED	
DISCOUNTS	COMMISSIONS
PAID	INTEREST	NET ASSESSMENTS
INCOME	RECEIVED	GENERAL
FUND	
								
11/14/18	ACH	s	907 .08	$	36.30	s	17.42	$	-	$	853.36	$	853 .36	
11/20/18	ACH	$	9,11 5.52	s	453 .33	$	173.2 4	$		$	8 488 .95	s	8,488 .95	
11/23/18	ACH	s	11 ,187 .32	$	447 .70	$	214.79	$		$	10 ,524 .83	s	10 ,524 .83	
11/30/18	ACH	$	71,31 9.96	$	2 850.71	$	1,369.39		s	67 ,099.86	s	6 7,099 .86	
12/11/18	ACH	s	120 567.10	$	4,823.00	$	2,314.88	$	-	$	113,429.22	s	113,429.22	
12/28/18	ACH	$	225 ,586.96	$	9 015.68	$	4,331.43	$	-	$	212 239.85	$	212,239.85	
1/15/19	ACH	$	22,149.60	$	664.65	$	429.70	$	-	$	21,055.25	$	21,055.25	
1/31/19	ACH	$	-	$	-	$	-	$	572.77	$	572.77	$	572.77	
2/15/19	ACH	$	12,932 .53	s	250.66	s	253.64	$	-	$	12.428.23	$	12,428 .23	
3 / 15 /19	ACH	s	5,708 .15	$	57.38	s	11 3 . 0 2	$	-	s	5 537 .75	$	5,537 .75	
4/15/19	ACH	s	14,667.58	s	-	$	293.35	s	-	s	14 374.23	$	14 374.23	
4/26/19	ACH	$	-	s	-	$	-	$	32.46	s	32.46	$	32.46	
5/15/19	ACH	$	5,825 .94	s	17.52	$	44.01	$	-	s	5 764.41	$	5 764.41	
6/17/19	ACH	$	1,363.06	$	-	$	27.26	$	$	1,335.80	$	1,335.80	
6/19/19	ACH	s	2,302.82	$	-	$	46.06	$	-	$	2,256.76	$	2,256. 76	
7 /25/19	ACH	s	-	s	-	$	-	s	11.76	s	11.76	s	11.76	
		s	-	s	-	s	-	s	-	$	-	s	-	
								
TOTAL COLLECTED	s	503, 633 .62	$ 18,616.93	$	9,628.19 s	6.16.99    s	-176 ,00 S.49	$	476,005 .49	
PERCENTAGE COLLECTED				101%	

DEBT SERVICE

GROSS ASSESSMENTS $
CERTIFIED NET ASSESSMENTS $

1,517,469.41
1,426,421.25
100%

CHECK  GROSS ASSESSMENTS	COMMISSIONS	INTEREST	NET ASSESSMENTS	DEBT SERVICE
DATE	NO	RECEIVED	DISCOUNTS	PAID	INCOME	RECEIVED	FUND	
		;		I						
11/14/18	ACH	$	3,004 .74	$	120.18	$	57.69		$	2,826.87	$	2,826.87	
11/20/18	ACH	$	26,524 .56	s	1,320 .07	$	504.09	s	-	s	24,700 .40	s	24,700.40	
11/23/18	ACH	$	33,113.75	s	1 , 324 .44	s	63 5. 79		$	31,153 . 52	s	31 , 1 53.52	
11/30/18	ACH	$	203,421.54	s	8,1 26 .15	s	3,905.91	$	-	$	191 389.48	s	191,389.48	
12/11/18	ACH	$	360,736.57	$ 14,422.53	$	6 926.28	$	-	$	339 ,387.76	s	339,387.76	
12/28/18	ACH	$	710,820 .68	s	28,387.97	$ 13,648.65	$	-	$	668,784.06	s	668 784.06	
1/15/19	ACH		s	64,926.57
-	$	1 946.56	$	1,259.60	$	-	$	61 , 720 .41	$	61 , 720 .41	
1/31/19	ACH	$	$	-	$	-	$	1,744.76	$	1,744.76	$	1,744.76	
2/15/19	ACH	$	38 417.01	s	745.98	s	753.42	$	-	$	36,917.61	s	36,917.61	
3/15/19	ACH		s	16,478 .00	$	165.84	s	326.24	$	-	$	15,985 .92	$	15,985.92	
4/15/19	ACH	$	43,735 .38	$	-	s	874.71	$	-	s	42 860.67	s	42 860.67	
4/26/19	ACH	$	-	s	-	s	-	s	96.10	s	96.10	s	96.10	
5/15/19	ACH	$	2,206 .56	s	6 .05	$	116.17	$	-	s	2,084.34	$	2,084 .34	
6/17/19	ACH	$	3,949.40	$	-	s	78.99	$	-	s	3 870.41	$	3,870.41	
6/19/19	ACH	$	7,065 .95	$	$	141.32	$	-	s	6,924.63	$	6,924.63	
7/25/19	ACH	$	-	$	-	$	-	$	34.17	$	34.17	$	34.17	
		$	-	$	-	$	-	s	-	5	-	$	-	
i							
TOTAL COLLECTED		s	1,514,4 00 .71 s	56,565.77	$ 29,228.86	$	1 87S.Ol	$ 1,430,481.11 s	1,430 ,481.11	
PERCENTAGE COLLECTED	100%	

TAYLOR MORRISON

DIRECT BILLED ASSESSMENTS

$372,271.37	$58,281.12	$313,990.25

DATE RECEIVED	DUE DATE	CHECK
NO.	NET
ASSESSED	AMOUNT
RECEIVED	GENERAL
FUND	DEBT SERVICE	
11/2 /18
11/2/18
11/2/18	12/1/18
2/1/19
5/1/19	58234
58234
58234	s  186,13 5.69
$    93,067.84
$     93,067.84	S   186,135.69
s   93,067.84
$    93,067.84	s	29,140.56
s	14,570.28
$	14,570.28	$	1 56,995 .13
s	78,497.56
$	78,497.56	
			$ 372,271.37	$ 372,271.37	$	58,281.12	s	313,990.25	

5

S ECTION D

S ECTION 1

·c-. -   f	-  - -	- -  -   .	-

Poinciana

Community Development District

Poinciana Community Development District

Field Management Report September 18, 2019

To:		George Flint District Manager
From:	Clayton Smith
Field Services Manager

RE:	Poinciana COD - September 18, 2019
The following is a summary of items related to the field operations and management of the Poinciana Community Development District.

Dredgesox have been placed around the banks of pond E-31 and the section of D-2
i		Contractor to proceed with filling of dredgesox.

Once dredgesox are stable sod will be added. Due to hurricane delays the contractor anticipates completion by September 2Qth_

On-going pond site-review Inventorying and documenting any possible priority repairs for next budget year.
Working with Engineer to determine priority and importance of items.

Monitoring, repairs and maintenance of pond structures and banks is ongoing.

Additional action items regarding pond 0-2, E-31,
.		Pond bank restoration company to restore all of E-31 and necessary parts of 0-2.
Work to begin September
2 and end September 11.

, .

Planted beds with palm trees are having specified no longer needed supports removed.
Working with landscaper to clean up and re­ establish some bed
edges.

- ----;--------   -...---.    ---   -    =--	--	-	---

Upcoming Projects

,,1i; Repair washout behind mitered end sections.
Most economical approach to be taken. Breaking up MES and replacing with rip-rap or pond bank restoration. Next fiscal year due to budget.

Continue to monitor tunnels for a need to pressure wash/clean them.
i		Tunnels could use pressure washing some time during beginning of FY 2020.

'A

General Maintenance performed
l	Cleaning of panels and inspection.
Compressor Warrantied.

Conclusion
-	-	-	-	-	----	--     --     -	-	--   -       -	--

For any questions or comments regarding the above information, please contact me by phone at 407-201-1514, or by email at csmith@gmscfl.com Thank you.

Respectfully, Clayton Smith

Clarke Monthly Treatment Report September 2014

C	PCDD Monthly Treatment Report
Date be tween : 8/1/2019 and 8/31/2019
Customer Site ID	Treatment Date	Condition/WeedsTreated	
10-A	8/7/2019	Alligator Weed	
10-A	8/7/2019	Pennywort	
10-A	8/7/2019	Shoreline Grasses	
10-B	8/7/2019	Alligator Weed	
10-B	87/2019	Penn vwort	
10-B	8/7/19	Shoreline Grasses	
A-1	8/14 /2019	Alli gator Weed	
A-1	8/14 / 2019	Pennvwort	
A-1	8/14/ 2019	Shoreline Grasses	
A-11	8/7/2019	Alligator Weed	
A-11	8/7/2019	Pennywort	
A-11	8/7/2019	Shoreline Grasses	
A-12	8 /7/ 2019	All hi ator Weed	
A-12	8/7 / 2019	Crested Floatin l! Heart	
A-12	8/ 7/ 2019	Pennvwort	
A-12	8/7 / 2019	Shoreline Grasses	
A-13	8/7/ 2019	Allhi ator Weed	
A-13	8/7/2019	Crested Floatin gHeart	
A-13	8/7 / 2019	Penn vwort	
A-13	8/7 / 2019	Shoreline Grasses	
A-2	8/14/2019	Alligator Weed	
A-2	8/14/2019	Pennywort	
A-2	8/14/2019	Shoreline Grasses	
A-20	8/14/2019	Alligator Weed	
A-20	8/14/2019	Pennywort	
A-20	8/14/2019	Shoreline Grasses	
A-21	8/14/2019	Alligator Weed	
A-21	8/14/2019	Pennywort	
A-21	8/14/2019	Shoreline Grasses	
A-22	8/14/2019	Alligator Weed	
A-22	8/14/2019	Pennywort	
A-22	8/14/2019	Shoreline Grasses	
A-3	8/7/2019	Clean	
A-4	8/7/2019	Alligator Weed	
A-4	8/7/2019	Pennywort	
A-4	8/7/2019	Saivinia	
A-4	8/7/2019	Shoreline Grasses	
A-S	8/7/2019	Alligator Weed	
A-5	8/7/2019	Pennywort	
A-5	8/7/2019	Shoreline Grasses	
A-6	8/7/2019	Clean	
A-7	8/7/19	Clean	
A-8	8/7/19	Clean	
A-9	8/7/2019	Alligator Weed	
A-9	8/7/2019	Pennywort	
A-9	8/7/2019	Shoreline Grasses	
B-1	8/14/2019	Alligator Weed	
B-1	8/14/2019	Cattail	
B-1	8/14/2019	Pennywort	
B-1	8/14/2019	Shoreline Grasses	
B-11	8/26/2019	Clean	
B-15	8/7/2019	Alligator Weed	
B-15	8/7/2019	Pennywort	
B-15	8/7/2019	Shoreline Grasses	
B-16	8/7/2019	Clean	
B-6	8/26/2019	Duckweed	
B-6	8/26/2019	Filamentous	
C-1	8/28/2019	Clean	

Clarke Monthly Treatment Report September 2014

C-10	8/22/2019	Rlamentous	
C-10	8/22/2019	Hydrilla	
C-11	8/26/2019	Alligator Weed	
C-11	8/26/2019	Pennywort	
C-11	8/26/2019	Shoreline Grasses	
C-12	8/5/2019	Filamentous	
C-12	8/5/2019	Hydrllla	
C-13	8/8/2019	Alligator Weed	
C-13	8/8/2019	Pennywort	
C-13	8/8/2019	Shoreline Grasses	
C-14	8/8/2019	Alligator Weed	
C-14	8/8/2019	Pennywort	
C-14	8/8/2019	Shoreline Grasses	
C-15	8/28/2019	Clean	
C-16	8/8/2019	Clean	
C-17	8/26/2019	Alligator Weed	
C-17	8/26/2019	Pennywort	
C-17	8/26/2019	Shoreline Grasses	
C-18	8/15/2019	Alligator Weed	
C-18	8/15/2019	Pennywort	
C-18	8/15/2019	Shoreline Grasses	
C-19	8/28/2019	Filamentous	
C-19	8/28/2019	Spike Rush	
C-2	8/26/2019	Clean	
C-20	8/28/2019	Alligator Weed	
C-20	8/28/2019	Pennywort	
C-20	8/28/2019	Shoreline Grasses	
C-3	8/28/2019	Clean	
C-6	8/28/2019	Clean	
C-6B	8/28/2019	Clean	
C-8	8/26/2019	Clean	
C-9	8/26/2019	Clean	
D-1	8/8/2019	Clean	
D-10	8/8/2019	Alligator Weed	
D-10	8/8/2019	Pennywort	
D-10	8/8/2019	Shoreline Grasses	
D-11	8/8/2019	Alligator Weed	
D-11	8/8/2019	Pennywort	
D-11	8/8/2019	Shoreline Grasses	
D-2	8/8/2019	Clean	
D-3	8/8/2019	Clean	
D-4	8/8/2019	Alligator Weed	
D-4	8/8/2019	Pennywort	
D-4	8/8/2019	Shoreline Grasses	
D-5	8/15/2019	Alligator Weed	
D-5	8/15/2019	Pennywort	
D-5	8/15/2019	Shoreline Grasses	
D-6	8/15/2019	Alligator Weed	
D-6	8/15/2019	Pennywort	
D-6	8/15/2019	Shoreline Grasses	
D-7	8/15/2019	Alligator Weed	
D-7	8/15/2019	Pennywort	
D-7	8/15/2019	Shoreline Grasses	
D-8	8/15/2019	Alligator Weed	
D-8	8/15/2019	Pennywort	
D-8	8/15/2019	Shoreline Grasses	
D-9	8/15/2019	Alligator Weed	
D-9	8/15/2019	Pennywort	
D-9	8/15/2019	Shoreline Grasses	
E-1	8/12/2019	Alligator Weed	
E-1	8/12/2019	Pennywort	

Clarke Monthly Treatment Report September 2014

E-1	8/12/2019	Shoreline Grasses	
E-11	8/14/2019	Alligator Weed	
E-11	8/14/2019	Pennywort	
E-11	8/14/2019	Shoreline Grasses	
E-18	8/12/2019	Alligator Weed	
E-18	8/12/2019	Pennywort	
E-18	8/12/2019	Shoreline Grasses	
E-19	8/12/2019	Alligator Weed	
E-19	8/12/2019	Pennywort	
E-19	8/12/2019	Shoreline Grasses	
E-2	8/12/2019	All igator Weed	
E-2	8/12/2019	Pennywort	
E-2	8/12/2019	Shoreline Grasses	
E-21	8/12/2019	Alligator Weed	
E-21	8/12/2019	Pennywort	
E-21	8/12/2019	Shoreline Grasses	
E-3	8/12/2019	Alligator Weed	
E-3	8/12/2019	Cattail	
E-3	8/12/2019	Pennywort	
E-3	8/12/2019	Shoreline Grasses	
E-31	8/12/2019	Clean	
E-5	8/12/2019	Alligator Weed	
E-5	8/12/2019	Pennywort	
E-5	8/12/2019	Shoreline Grasses	
E-6	8/12/2019	Alligator Weed	
E-6	8/12/2019	Pennywort	
E-6	8/12/2019	Shoreline Grasses	
E-8	8/14/2019	Alli gato r Weed	
E-8	8/14/2019	Pennywort	
E-8	8/14/2019	Shoreline Grasses	
F-7	8/26/2019	Clean	
POND 8-5	8/26/2019	Duckweed	
POND 8-5	8/26/2019	Filamentous	

			

			

			

			

			

			

			

			

			

			

-

C	                       PCDD Monthly Midge Trea1ment Report July 2019

Customer	Route	Start Date	End Date	Used Quantitv	Unit of Measure	Chemical Used Quantitv	Unit of Measure	
PCDD TRUCK ULV	Venezia	7/1/19	7/1/19	2.5	mi	0.56	gal	
PCDDTRUCK ULV	Bella Viana	7/1/19	711/19	2	mi	0.44	gal	
PCOO TRUCK ULV	La co Vista	7/1/19	711119	0.4	mi	0.08	gal	
PCDD TRUCK ULV	Monte Lena	7/1/19	7/1/19	0.7	mi	0.16	gal	
PCDD TRUCK ULV	Rainbow Lakes	711119	711119	0 .5	mi	0.11	gal	
PCDD TRUCK ULV	Terra/Flora Vista	7/1119	7/1/19	2.6	mi	0.58	gal	
PCOO TRUCK ULV	Capri	7/1/19	7/1/19	0.8	mi	0.17	gal	
PCOOTRUCKULV	Portofino	7/1119	711119	1 .2	mi	0 .26	gal	
PCDDA1V ULV	ATV-all ponds	713119	7/3/19	9.1	mi	1.42	cal	
PCDDTRUCK ULV	Venezia	718119	7/8/19	2.5	mi	0.56	gal	
PCDDTRUCK ULV	Bella Viana	718119	7/8119	2	mi	0.44	oal	
PCDDTRUCK ULV	Lano Vista	718119	7/8/19	0.4	mi	0.08	gal	
PCDD TRUCK ULV	Monte Lena	718/19	7/8/19	0.7	mi	0.16	gal	
PCDD TRUCK ULV	Rainbow Lakes	718119	7/8/19	0.5	mi	0 .11	cal	
PCDD TRUCK ULV	Terra/Flora Vista	7/8/19	7/8119	2.6	mi	0.58	gal	
PCDD TRUCK ULV	Capri	7/8/19	7/8/19	0.7	mi	0.17	gal	
PCDDTRUCKULV	Portofino	7/8/19	7/8/19	1.2	mi	0.27	cal	
PCDDATVULV	A1V-all conds	7/11/19	7/11/19	7.1	mi	1.12	gal	
PCDD TRUCK ULV	Venezia	7/15/19	7/15/19	2.5	mi	0.55	gal	
PCDD TRUCK ULV	Bella Viana	7/15/19	7/15/19	2	mi	0.45	gal	
PCDD TRUCK ULV	La co Vista	7115/19	7/15/19	0.4	mi	0 .08	gal	
PCDD TRUCK ULV	Monte Lena	7/15/19	7/15/19	0.7	mi	0.16	cal	
PCDDlRUCK ULV	Rainbow Lakes	71'15/19	7/15/19	0.4	mi	0.11	gal	
PCDDTRUCKULV	Terra/Flora Vista	7115119	7/15119	3.5	mi	0.59	gal	
PCDD TRUCK ULV	Capri	7/15/19	7/15/19	0.8	mi	0.17	gal	
PCODTRUCK ULV	Prortiflno	7/15/19	7/15/19	1.2	mi	0.27	gal	
PCDDATVULV	A1V-all oonds	7118/19	7/18/19	9.9	mi	1.46	cal	
PCDO TRUCK ULV	Venezia	7/22/19	7/22/19	2.3	mi	0.51	gal	
PCDO TRUCK ULV	Bella Viana	f/.u.11,;	( /.<,	2	m1	U.4 1	gal	
PCDD TRUCK ULV	La ao Vista	7/22/19	7/22/19	0.4	mi	0.08	aal	
PCDD TRUCK ULV	Monie Lena	7/22/19	7/22/19	0.7	mi	0.16	gal	
PCDD TRUCK ULV	Rainbow Lakes	7/22/19	7/22119	0.4	mi	0.11	gal	
PCDDTRUCKULV	Terra/Flora Vista	7/22/19	7/22/19	2.6	mi	0.58	gal	
PCDDTRUCK ULV	Capri	7122/19	7122119	0.8	ml	0.17	gal	
PCDD TRUCK ULV	Portofino	7122/19	7/22/19	1.2	mi	0.27	gal	
PCDDA1VULV	A1V-all ponds	7/25/19	7/25/19	9.7	mi	1.45	aal	
Total For The Month	79.00	mi	14.85	gal	

   Ab.at& 5% Pallats La rv l.clde Ponds
 	NONE FOR JULY
 		Total For The M

End  Date  Used Quanti	Unit of Measure	Chemical Used Quanti	Unit of Measure
.00	ac	o.oo	lb

	Abat& 4E Larviclde Ponds	Start Date	End Date	Unit of Measure	Chemical Used Quanti	Unit of Measure	
	B1, F7, E3, C10	8/22119	8/22119	ac	41	az	
	Total For Th	Month			41.00	oz	

1/2	8/6/2014 4:10:07 PM

A

C\Qfl<e

Night Truck Spray

Poinciana Community Development District Monthly Midge Treatment Report
August 1, 2019-August 30, 2019

42.0 Miles were sprayed

ATV ULV Spray

47.20 Miles were sprayed

Backpack Pellet Larvicide

_Q_ Acres were treated

Boat Larvicide Treatments

27.38 Acres were treated

.  .
SECTION 2

 	

Customer Complaint Log Poinciana COD

Resident	Address	Pond	Contact	Complaint	Assigned To	Resolution

Date Resolved

Linda Simko	561Grand Canal Drive	A-1213	330-281-3929	Algae/Midge Control	Clayton Smith	Sprayed	8/15/19	
Andrew Regalmunto	513 Montage Lane	C-19	630-470-1110	Algae on pond	Clayton Smith	Sprayed	8/15/19	
Didn't want to give
name	
532 Milano Road	
B-6	
941-447-4333	
Algae on pond	
N/A	Avatar pond, info passed along	
8/16/19	
Robinson Morales	113 Amalfi Lane	E-3	retdetrob i nson@g mail. com	Midge Control	Clayton Smith	Sprayed	9/11/19	
Andrew Regalmunto	513 Montage Lane	C-19	630-470-1110	Algae on pond	Clayton Smith	Sprayed	9/9/19	
Diana Rodriguez	741 Grand Canal Drive	A-1213	407-785-5722	Midge Control	Clayton Smith	Sprayed	9/12/19	
Kathy Okrepkie	512 Davinci Pass	D-5	607-738-7506	Algae on pond	Clayton Smith	Sprayed	9/9/19	

Lydia Hill	
225 Treviso Drive	
P-lF	
864-640-9517	
Alage, grass, midges	
N/A	Avatar pond, info passed along	
9/5/19