CAPITAL REGION Community Development District February 13, 2020 Capital Region Community Development District 475 West Town Place Suite 114 St. Augustine, Florida 32092 District Website: www.mysouthwoodcdd.com February 6, 2020 Board of Supervisors Capital Region Community Development District Dear Board Members: The Capital Region Community Development District Meeting is scheduled for Thursday, February 13, 2020 at 6:30 P.M. at the SouthWood Community Center, 4675 Grove Park Drive, Tallahassee, Florida 32311. Following is the advance agenda for the meeting: I. Roll Call II. The Pledge of Allegiance III. Audience Comments IV. Approval of Consent Agenda A. Approval of the Minutes of the December 12, 2019 Meeting B. Balance Sheet as of December 31, 2019 and Statement of Revenues & Expenditures for the Period Ending December 31, 2019 C. Allocation of Assessment D. Check Register V. Acceptance of Fiscal Year 2019 Audit Report VI. Appointment of Audit Services RFP Committee VII. Consideration of Resolution 2020-04, Adopting Internal Controls Policy VIII. Consideration of Letter of Credit in Lieu of Performance Bond IX. St. Joe Update (John Curtis) X. Update Regarding DRI Matters XI. Consideration of Landscape Maintenance RFP Project Manual XII. Discussion of Barringer Hill Traffic/Safety XIII. Staff Reports A. Attorney – Discussion Regarding Plat Review Process B. Dantin Consulting C. Communications Consulting D. Property Management 1. All Pro Reports 2. Operations Memorandum 3. Variance Report 4. Special Event Permit (Therese Kemper Graduate Student Afternoon) E. Manager XIV. Supervisors Requests XV. Audience Comments XVI. Next Scheduled Meeting – April 9, 2020 @ 6:30 p.m. at SouthWood Community Center XVII. Adjournment I look forward to seeing you at the meeting. If you have any questions, please feel free to call. Sincerely, James Oliver James Oliver District Manager Community Interest: A. Roadways –Supervisor Ray B. Landscaping Conservation Areas – Vice Chairman Rojas C. Parks and Recreation/Bike Paths/Trail System –Supervisor Ray D. Budget / Bond Refinancing – Chairman DePreist E. Security –Chairman DePriest F. HOA Coordination – Supervisor Johnston G. City/County Coordination – Chairman DePreist H. Community Liaison – Supervisor Kelley MINUTES OF MEETING CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Capital Region Community Development District was held Thursday, December 12, 2019 at 6:30 p.m. at the Southwood Community Center, 4675 Grove Park Drive, Tallahassee, Florida. Present and constituting a quorum were: Jennings DePriest Chairman Kyle Rojas Vice Chairman John Ray Supervisor (by telephone) April Johnston Supervisor Brian Kelley Supervisor Also present were: James Oliver District Manager Sarah Sandy District Counsel Robert Berlin Operations Manager - GMS Keith Dantin Engineering Consultant John Curtis St. Joe The following is a summary of the actions taken at the December 12, 2019 meeting. A copy of the proceedings can be obtained by contacting the District Manager. FIRST ORDER OF BUSINESS Roll Call Mr. Kelley called the meeting to order. SECOND ORDER OF BUSINESS The Pledge of Allegiance Mr. Rojas led the Pledge of Allegiance. THIRD ORDER OF BUSINESS Audience Comments Mr. Allen outlined in detail a problem with increased commercial traffic on Barringer Hill Drive and suggested ways to alleviate the traffic situation and Mr. Dantin will meet with the city’s traffic engineers and John Curtis to discuss this issue and will request a city traffic engineer make a presentation the next meeting. FOURTH ORDER OF BUSINESS Consideration of Resolution 2020-01 Election of Officers On MOTION by Mr. Ray seconded by Mr. Kelley with all in favor Jennings DePriest was appointed chairman. On MOTION by Mr. DePriest seconded by Mr. Kelley with all in favor Kyle Rojas was appointed vice chairman. On MOTION by Mr. DePriest seconded by Mr. Rojas with all in favor Resolution 2020-01 was approved designating Jennings DePriest as chairman and Kyle Rojas as vice chairman with the three remaining supervisors being assistant secretaries and the remaining officers to remain the same. FIFTH ORDER OF BUSINESS Approval of Consent Agenda A. Approval of the Minutes of the October 10, 2019 Meeting B. Balance Sheet as of October 31, 2019 and Statement of Revenues & Expenditures for the Period Ending October 31, 2019 C. Allocation of Assessments D. Check Register On MOTION by Mr. Kelley seconded by Mr. Rojas with all in favor the consent agenda items were approved. SIXTH ORDER OF BUSINESS Discussion of Supervisors Assignments of Community Interest Areas The following assignment of areas of interest will be: Jennings DePriest for city/county coordination, budget/bond refinancing and security, Kyle Rojas for landscaping, April Johnston for HOA coordination, Brian Kelley community liaison and John Ray roadways and parks and recreation. SEVENTH ORDER OF BUSINESS Consideration of Resolution 2020-02 Amending the General and Capital Reserve Fund Budget for Fiscal Year 2019 Mr. Oliver stated the exhibit to the resolution shows the adopted budget and changes to those line items and the biggest changes are under revenues. During FY19 you adopted the budget holding assessments the same as they were for FY18 but when we completed the roll we had the assessment levels that were further reduced with the credit all the landowners received with the return of the recreation assessments that were levied in FY17 and that was about $231,000. On MOTION by Ms. Johnston seconded by Mr. Kelley with all in favor Resolution 2020-02 was approved. EIGHTH ORDER OF BUSINESS Public Hearing on the Adoption of the Amended and Restated Rules of Procedure Ms. Sandy stated at the last meeting there was a red line version of the rules, we set the public hearing and noticed it and today we will take any comments on it. A. Public Hearing On MOTION by Mr. Kelley seconded by Ms. Johnston with all in favor the public hearing was opened. There were no questions or comments from the public. On MOTION by Mr. Kelley seconded by Ms. Johnston with all in favor the public hearing was closed. B. Consideration of Resolution 2020-03 On MOTION by Mr. Kelley seconded by Ms. Johnston with all in favor Resolution 2020-03 was approved. NINTH ORDER OF BUSINESS Discussion of Plat Approval A. Ratification of Final Plat for Unit 50/MUEI-5 Tallahassee Classical School Mr. DePriest announced he was a member of the Tallahassee Classical School Board and, therefore, has a standing conflict of interest regarding anything coming before the District Board for a vote involving the Tallahassee Classical School. Mr. DePriest filed a conflict of interest form with the District’s Secretary prior to this meeting. Ms. Sandy stated Mr. Berlin worked with St. Joe on the Final Plat for Unit 50/MUEI-5 Tallahassee Classical School and signed off on it, as well as District Counsel and the District Engineer. Mr. Rojas executed the plat pursuant to Resolution 2001-03. On MOTION by Mr. Rojas seconded by Ms. Johnston with four in favor and Mr. DePriest abstaining due to a conflict of interest the final plat for Unit 50/MUEI-5 was ratified. B. Plat Approval Process Ms. Sandy stated Mr. Curtis requested the District enter into a joiner agreement with St. Joe to address future plats. I believe coming up with something a little more comprehensive than the joiner agreement may be in the District’s best interest since the board is meeting every other month so we don’t run into an issue that a plat needs to be signed before we have another board meeting. Robert works with St. Joe and points out issues that are an issue for the board, as well as tries to keep it consistent with what the district has done in the past. By the time it comes to the board it is a pretty well worked out process. We do have a resolution currently that allows for any board member to sign a plat outside of a board meeting as long as district counsel and district engineer have signed off. It is a resolution adopted when the district was newer, so the Board could update it and have it in place if Robert reviews the plats and is comfortable with it, as well as Keith or the district engineer, then we can have the authority to move forward with signing it outside of a board meeting if needed. Discussion ensured. The Board authorized District Counsel to review the District’s options and bring them back for Board consideration. TENTH ORDER OF BUSINESS Discussion of Scope of Services for Communications Services On MOTION by Mr. Kelley seconded by Ms. Johnston with all in favor this item was tabled. ELEVENTH ORDER OF BUSINESS Ratification of Audit Engagement Letter with Carr Riggs & Ingram to Perform the Fiscal Year 2019 Audit On MOTION by Ms. Johnston seconded by Mr. Rojas with all in favor the engagement letter with Carr Riggs & Ingram to perform the fiscal year 2019 audit was approved subject to district counsel review. TWELFTH ORDER OF BUSINESS Ratification of Work Authorization No. 1G with Dantin Consulting, LLC for General Professional Engineering, Development and Construction Consulting Services On MOTION by Mr. Kelley seconded by Ms. Johnston with all in favor work authorization no. 1G with Dantin consulting, LLC was ratified. THIRTEENTH ORDER OF BUSINESS St. Joe Update (John Curtis) Mr. Curtis updated the board regarding the big fix and stated there is a DRC scheduled for December 23, 2019 at the city, in front of the planning commission on January 7th, first reading of the PUD DRI amendments with the county at the end of January and February 11th the second reading before the county and February 12th before the city for approval of the big fix. FOURTEENTH ORDER OF BUSINESS Update on DRI Matters Mr. Dantin stated there are two points of contention St. Joe needs to resolve with the city, one is the traffic issue as it relates to school concurrency and mitigation of offsite roads. One of the issues discussed was the four-laning of Four Oaks and Blairstone, it was anticipated it would have to be done at some point but the whole language in the DRI says you shall four-lane those roads if you reach 22,500 average daily traffic. It was not anticipated that SouthWood based on the overall master plan would ever get to 22,500 but if they did, they would have to four-lane. They are changing the language from “shall” to “should” four-lane. Four-lane roads going through a neighborhood is never a good thing but there has to be an amenable agreement between St. Joe and the city as it relates to going forward with four-laning. They worked with the city to develop a new plan as it relates to industrial, schools, new residential, etc. FIFTEENTH ORDER OF BUSINESS Staff Reports A. Attorney - Report There being none, the next item followed. B. Dantin Consulting There being none, the next item followed. C. Communications Consulting There being none, the next item followed. D. Property Management Report 1. All Pro Reports A copy of the All Pro reports was included in the agenda package. 2. Operations Memorandum A copy of the operations memorandum was included in the agenda package. 3. Variance Report A copy of the variance report was included in the agenda package. 4. RFP Process for Landscape Services Authorization On MOTION by Mr. Kelley seconded by Ms. Johnston with all in favor staff was authorized to begin the RFP process to be reviewed and approved at the February meeting with proposals to be ranked at the April meeting. E. Manager There being none, the next item followed. SIXTEENTH ORDER OF BUSINESS Supervisor’s Requests Mr. Kelley stated a neighbor provided information to Robert that in an area off of Jacksonville Road being developed by St. Joe where a snake come out of that area onto a homeowner’s property and bit a small child. In that area there are snakes and it would be great if All Pro and St. Joe could work on mowing that area. Mr. Curtis stated we are meeting tomorrow on that. Mr. Rojas stated I received an email from a neighbor about the catfish pond is looking rough. I drove by and the only thing I noticed was dead or dormant weeds. Mr. Berlin stated we brought it down and we do that once a year per the direction we are following. The water level is going down because it hasn’t rained a lot, so you are starting to see the sides exposed. Ms. Johnston stated back to communication services, I am of the opinion that the Facebook page is not effective and I think for us to make it any more robust in my opinion may expose us to legal liability type concerns because I see what SouthWood Watch does and I don’t want the CDD page to be that same thing. I recommend a quarterly newsletter similar to what the Art of Living puts out in lieu of a Facebook page. Mr. DePriest stated I think if anybody has considerations we should send them to GMS so they can put something together for the next meeting to look at and compare it to what other CDDs do. Ms. Sandy stated I don’t know that we have any districts that do newsletters. Mr. Oliver stated I will get a few examples. Ms. Sandy stated in having a social media page, those things are public records, we do have to pay for software that captures the Facebook page and we have to keep that, so there is a cost associated with that. SEVENTEENTH ORDER OF BUSINESS Audience Comments A resident stated I understand how difficult public service is. The sacrifice you make is minimal to what your family and business makes. If Southwood were a city you would be bigger than Port St. Joe, bigger than Midway and I think you need to reconsider meeting every other month because you had a little problem with a plat because you didn’t meet. I understand you can take care of business every other month but you are depriving the citizens from coming here and talking to you. You signed up for this job and you ought to think about meeting once a month because this is a growing community with a lot of moving parts. EIGHTEENTH ORDER OF BUSINESS Next Scheduled Meeting – February 13, 2020 at 6:30 p.m. at the Southwood Community Center The meeting adjourned at 8:35 p.m. Secretary/Assistant Secretary Chairman/Vice Chairman Capital Region Community Development District Unaudited Financial Statements December 31, 2019 Meeting Date February 13, 2020 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT BALANCE SHEET December 31, 2019 Total Debt Non-Major Governmental General Service Fund Funds ASSETS: CASH $1,960,939 --- --- $1,960,939 Capital Reserve --- --- $71,807 $71,807 INVESTMENT - STATE BOARD $235,239 --- --- $235,239 INVESTMENTS: Series 2011A1 Reserve A1 --- $185,694 --- $185,694 Revenue A1 --- $165,319 --- $165,319 Prepayment A1 --- $11,512 --- $11,512 Due From General --- $177,753 --- $177,753 Series 2013 Reserve --- $430,794 --- $430,794 Revenue --- $550,216 --- $550,216 Prepayment --- $150 --- $150 Due From General --- $369,881 --- $369,881 Series 2018A1 Reserve --- $651,977 --- $651,977 Revenue --- $104,873 --- $104,873 Prepayment --- $14,093 --- $14,093 Due From General --- $128,170 --- $128,170 Series 2018A2 Reserve --- $136,528 --- $136,528 Revenue --- $165,241 --- $165,241 Prepayment --- $4,998 --- $4,998 Due From General --- $93,979 --- $93,979 TOTAL ASSETS $2,196,179 $3,191,176 $71,807 $5,459,162 LIABILITIES: ACCOUNTS PAYABLE $350 --- --- $350 DUE TO DS - SRS 20011A1-A2 $177,753 --- --- $177,753 DUE TO DS - SRS 2013 $369,881 --- --- $369,881 DUE TO DS - SRS 2018A1 $128,169 --- --- $128,169 DUE TO DS - SRS 2018A2 $93,979 --- --- $93,979 DUE TO OTHER $37,523 --- --- $37,523 DEFERRED REVENUE $31,597 --- --- $31,597 FUND BALANCES: UNASSIGNED FOR GENERAL FUND $1,356,927 --- --- $1,356,927 ASSIGNED FOR CAPITAL PROJECTS --- --- $71,807 $71,807 RESTRICTED FOR DEBT SERVICE --- $3,191,176 --- $3,191,176 LIABILITIES & FUND EQUITY & OTHER CREDITS $2,196,179 $3,191,176 $71,807 $5,459,162 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 ADOPTED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE REVENUES: Special Assessment-On Roll $1,181,280 $1,075,152 $1,075,152 $0 Special Assessment-Direct - St Joe $379,158 $94,790 $94,790 $0 Interest Income/Miscellaneous $2,500 $625 $1,801 $1,176 TOTAL REVENUES $1,562,937 $1,170,566 $1,171,743 $1,176 EXPENDITURES: ADMINISTRATIVE: Supervisors Fees $6,000 $1,500 $1,800 ($300) FICA Expense $459 $115 $138 ($23) Engineering $30,000 $7,500 $4,245 $3,255 Arbitrage $3,750 $600 $600 $0 Dissemination $7,300 $1,825 $1,825 $0 Attorney $57,000 $14,250 $8,606 $5,644 Annual Audit $4,000 $4,000 $4,000 $0 Annual Report $500 $0 $0 $0 Trustee Fees $14,000 $8,485 $8,485 $0 Assessment Roll Services $11,500 $11,500 $11,500 $0 Management Fees $48,620 $12,155 $12,155 $0 Information Technology $2,800 $700 $700 $0 Records Storage $150 $38 $0 $38 Travel & Per Diem $1,750 $438 $552 ($114) Telephone $300 $75 $63 $12 Postage $1,500 $375 $215 $160 Printing & Binding $2,000 $500 $273 $227 Insurance $16,627 $16,738 $16,738 $0 Legal Advertising $3,500 $875 $553 $322 Other Current Charges $1,600 $400 $540 ($140) Office Supplies $200 $50 $21 $29 Dues, Licenses, Subscriptions $3,175 $175 $175 $0 Capital Outlay $250 $62 $0 $62 TOTAL ADIMINISTRATIVE $216,980 $82,356 $73,184 $9,171 FIELD: Management Fees $126,000 $31,500 $31,500 $0 Security $10,000 $2,500 $5,843 ($3,343) Communications $10,000 $2,500 $1,000 $1,500 Utilities $45,000 $11,250 $11,444 ($194) Landscape Maintenance - Contract $879,249 $219,812 $219,812 $0 Landscape Maintenance - New Units/Street Trees $7,500 $1,875 $15 $1,860 Pond Maintenance - Contract $5,000 $1,250 $865 $385 Pond Repairs - Current Units $30,000 $7,500 $11,391 ($3,891) Pond Repairs - New Units $1,500 $375 $0 $375 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 ADOPTED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE EXPENDITURES: FIELD: (continued) SWMF Operating Permit Fees $5,508 $1,377 $25 $1,352 Irrigation Maintenance - Contract $49,604 $12,401 $12,401 ($0) Irrigation Maintenance - New Units $500 $125 $3 $122 Irrigation Repairs - Current Units $40,000 $10,000 $3,914 $6,086 Irrigation Systems Upgrades $1,250 $313 $0 $313 Preserve Maintenance $40,000 $10,000 $12,029 ($2,029) Tot Lot Inspection/Maintenance $5,000 $1,250 $0 $1,250 Tree Removal/Trimming/Cleanup $35,000 $8,750 $1,500 $7,250 Alleyway Maintenance $5,000 $1,250 $600 $650 Miscellaneous Maintenance $7,500 $1,875 $4,692 ($2,817) Special Events $5,000 $1,250 $0 $1,250 Other-Contingency $5,000 $1,250 $545 $705 Capital Expenditures $25,000 $6,250 $0 $6,250 Reserve for Capital - R&R $94,209 $23,552 $0 $23,552 Common Area Maintenance $8,000 $2,000 $1,549 $451 TOTAL FIELD $1,440,820 $360,205 $319,128 $41,077 TOTAL EXPENDITURES $1,657,800 $442,561 $392,312 $50,248 EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES ($94,863) $728,006 $779,431 $51,425 NET CHANGE IN FUND BALANCE ($94,863) $728,006 $779,431 $51,425 FUND BALANCE - Beginning $94,863 $577,497 FUND BALANCE - Ending $0 $1,356,927 CAPITAL REGION CDD GENERAL FUND FY 2020 ADOPTED Year to Description BUDGET October November December January February March April May June July August September Date REVENUES: Special Assessment-On Roll $1,181,280 $0 $149,478 $925,674 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,075,152 Special Assessment-Direct - St Joe $379,158 $31,597 $31,597 $31,597 $0 $0 $0 $0 $0 $0 $0 $0 $0 $94,790 Interest Income/Miscellaneous $2,500 $828 $593 $380 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,801 Carry Forward Surplus $94,863 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL REVENUES $1,657,800 $32,425 $181,668 $957,650 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,171,743 EXPENDITURES: Administrative: Supervisors Fees $6,000 $800 $0 $1,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,800 FICA Expense $459 $61 $0 $77 $0 $0 $0 $0 $0 $0 $0 $0 $0 $138 Engineering $30,000 $1,313 $407 $2,525 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,245 Arbitrage $3,750 $600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $600 Dissemination $7,300 $608 $608 $608 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,825 Attorney $57,000 $2,435 $147 $6,024 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,606 Annual Audit $4,000 $0 $0 $4,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,000 Annual Report $500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Trustee Fees $14,000 $4,337 $0 $4,148 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,485 Assessment Roll Services $11,500 $11,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,500 Management Fees $48,620 $4,052 $4,052 $4,052 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,155 Information Technology $2,800 $233 $233 $233 $0 $0 $0 $0 $0 $0 $0 $0 $0 $700 Records Storage $150 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Travel & Per Diem $1,750 $238 $142 $172 $0 $0 $0 $0 $0 $0 $0 $0 $0 $552 Telephone $300 $42 $20 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $63 Postage $1,500 $132 $9 $75 $0 $0 $0 $0 $0 $0 $0 $0 $0 $215 Printing & Binding $2,000 $78 $178 $17 $0 $0 $0 $0 $0 $0 $0 $0 $0 $273 Insurance $16,627 $16,738 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $16,738 Legal Advertising $3,500 $96 $360 $97 $0 $0 $0 $0 $0 $0 $0 $0 $0 $553 Other Current Charges $1,600 $188 $197 $154 $0 $0 $0 $0 $0 $0 $0 $0 $0 $540 Office Supplies $200 $6 $15 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $21 Dues, Licenses, Subscriptions $3,175 $175 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $175 Capital Outlay $250 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Administrative $216,980 $43,632 $6,370 $23,182 $0 $0 $0 $0 $0 $0 $0 $0 $0 $73,184 CAPITAL REGION CDD GENERAL FUND FY 2020 ADOPTED Year to Description BUDGET October November December January February March April May June July August September Date Maintenance: Management Fees $126,000 $10,500 $10,500 $10,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,500 Security $10,000 $5,738 $105 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,843 Communications $10,000 $500 $500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000 Utilities $45,000 $6,293 $2,494 $2,658 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,444 Landscape Maintenance - Contract $879,249 $73,271 $73,271 $73,271 $0 $0 $0 $0 $0 $0 $0 $0 $0 $219,812 Landscape Maintenance - New Units/Street Trees $7,500 $5 $5 $5 $0 $0 $0 $0 $0 $0 $0 $0 $0 $15 Pond Maintenance - Contract $5,000 $0 $0 $865 $0 $0 $0 $0 $0 $0 $0 $0 $0 $865 Pond Repairs - Current Units $30,000 $5,043 $6,275 $74 $0 $0 $0 $0 $0 $0 $0 $0 $0 $11,391 Pond Repairs - New Units $1,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 SWMF Operating Permit Fees $5,508 $25 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $25 Irrigation Maintenance - Contract $49,604 $4,134 $4,134 $4,134 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,401 Irrigation Maintenance - New Units $500 $0 $0 $3 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3 Irrigation Repairs - Current Units $40,000 $1,498 $1,426 $990 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,914 Irrigation Systems Upgrades $1,250 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Preserve Maintenance $40,000 $7,842 $735 $3,452 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,029 Tot Lot Inspection/Maintenance $5,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Tree Removal/Trimming/Cleanup $35,000 $0 $1,500 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,500 Alleyway Maintenance $5,000 $600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $600 Miscellaneous Maintenance $7,500 $2,000 $1,738 $953 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,692 Special Events $5,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Other-Contingency $5,000 $0 $0 $545 $0 $0 $0 $0 $0 $0 $0 $0 $0 $545 Capital Expenditures $25,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Reserve for Capital - R&R $94,209 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Common Area Maintenance $8,000 $1,159 $391 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,549 Total Maintenance $1,440,820 $118,607 $103,072 $97,448 $0 $0 $0 $0 $0 $0 $0 $0 $0 $319,128 Total Recreatin Facility $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Expenditures $1,657,800 $162,239 $109,442 $120,631 $0 $0 $0 $0 $0 $0 $0 $0 $0 $392,312 Interfund Tranfer In/(Out) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Excess Revenues (Expenditures) $0 ($129,815) $72,226 $837,019 $0 $0 $0 $0 $0 $0 $0 $0 $0 $779,431 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT CAPITAL RESERVE Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 ADOPTED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE REVENUES: Capital Reserve Contribution $119,209 $0 $0 $0 TOTAL REVENUES $119,209 $0 $0 $0 EXPENDITURES: Reserve for Capital - R&R $0 $0 $1,050 ($1,050) Other Charges $600 $150 $141 $9 TOTAL EXPENDITURES $600 $150 $1,191 ($1,041) EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES $118,609 (150.00) (1,190.59) (1,040.59) FUND BALANCE - Beginning $102,095 $72,998 FUND BALANCE - Ending $220,704 $71,807 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND - SERIES 2011A1 & A2 Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 3 ADOPTED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE REVENUES: Special Assessments - Residential $379,445 $342,821 $342,821 $0 Interest Income $1,000 $250 $1,129 $879 TOTAL REVENUES $380,445 $343,071 $343,950 $879 EXPENDITURES: SERIES 2011-A1 Interest - 11/1 - 2011A1 $85,659 $85,659 $85,659 $0 Interest - 5/1 - 2011A1 $85,659 $0 $0 $0 Principal - 5/1 - 2011A1 $200,000 $0 $0 $0 TOTAL EXPENDITURES $371,318 $85,659 $85,659 $0 EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES $9,127 $257,412 $258,291 $879 FUND BALANCE - Beginning $96,300 $281,986 FUND BALANCE - Ending $105,427 $540,278 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND - SERIES 2013A Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 3 ADOPTED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE REVENUES: Special Assessments - Residential $381,326 $334,495 $334,495 $0 Special Assessments - Commercial $480,848 $446,110 $446,110 $0 Interest Income $2,500 $625 $3,162 $2,537 TOTAL REVENUES $864,674 $781,230 $783,767 $2,537 EXPENDITURES: Interest- 11/1 $215,209 $215,209 $215,209 $0 Interest - 5/1 $215,209 $0 $0 $0 Principal - 5/1 $440,000 $0 $0 $0 TOTAL EXPENDITURES $870,418 $215,209 $215,209 $0 EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES ($5,744) $566,021 $568,558 $2,537 FUND BALANCE - Beginning $347,730 $782,482 FUND BALANCE - Ending $341,986 $1,351,040 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND - SERIES 2018A1 Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 3 PROPOSED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE REVENUES: Special Assessments - Residential $114,569 $125,367 $125,367 $0 Special Assessments - Commercial $75,911 $71,597 $71,597 $0 Special Assessments - Direct $1,115,613 $259,730 $259,730 $0 Interest Income $2,500 $625 $2,845 $2,220 TOTAL REVENUES $1,308,594 $457,319 $459,539 $2,220 EXPENDITURES: Interest - 11/1 $401,650 $401,650 $401,650 $0 Special Call - 11/1 $0 $0 $5,000 ($5,000) Interest - 5/1 $401,650 $0 $0 $0 Principal - 5/1 $510,000 $0 $0 $0 TOTAL EXPENDITURES $1,313,300 $401,650 $406,650 ($5,000) EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES ($4,706) $55,669 $52,889 ($2,780) NET CHANGE IN FUND BALANCE ($4,706) $55,669 $52,889 ($2,780) FUND BALANCE - Beginning $463,753 $846,223 FUND BALANCE - Ending $459,047 $899,112 CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND - SERIES 2018A2 Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ended December 31, 2019 3 PROPOSED PRORATED BUDGET ACTUAL DESCRIPTION BUDGET THRU 12/31/19 THRU 12/31/19 VARIANCE REVENUES: Special Assessments - Residential $273,055 $259,071 $259,071 $0 Interest Income $2,500 $625 $671 $46 TOTAL REVENUES $275,555 $259,696 $259,742 $46 EXPENDITURES: Interest - 11/1 $55,096 $55,096 $55,096 $0 Interest - 5/1 $55,096 $0 $0 $0 Principal - 5/1 $165,000 $0 $0 $0 TOTAL EXPENDITURES $275,192 $55,096 $55,096 $0 EXCESS (DEFICIT) OF REVENUES OVER EXPENDITURES $363 $204,600 $204,646 $46 NET CHANGE IN FUND BALANCE $363 $204,600 $204,646 $46 FUND BALANCE - Beginning $58,522 $196,099 FUND BALANCE - Ending $58,885 $400,746 CAPITAL REGION CDD ASSESSMENT RECEIPTS FISCAL YEAR 2020 ASSESSED TO # UNITS SERIES 2008 / 2018-1 RESIDENTIAL SERIES 2008 / 2018-1 COMMERCIAL SERIES 2011A-1 RESIDENTIAL SERIES 2011A-2 / 2018-2 COMMERCIAL SERIES 2013 RESIDENTIAL SERIES 2013 COMMERCIAL TOTAL DEBT SERVICE FISCAL YEAR 2020 O&M TOTAL ASSESSED ST JOE COMPANY 1,692.00 - 1,086,010.90 - - - - 1 ,086,010.90 379,158.05 1,465,168.95 LEON CO. TAX ROLL 2,991.58 142,917.85 7 7,165.00 379,444.65 274,147.35 381,324.91 480,803.85 1 ,735,803.62 1 ,181,279.95 2,917,083.56 TOTAL NET ASSESSED 4,683.58 142,917.85 1,163,175.90 379,444.65 274,147.35 3 81,324.91 480,803.85 2,821,814.51 1,560,438.00 4,382,252.51 RECEIVED BY SERIES 2008 / 2018-1 RESIDENTIAL SERIES 2008 / 2018-1 COMMERCIAL SERIES 2011A-1 RESIDENTIAL SERIES 2011A-2 / 2018-2 COMMERCIAL SERIES 2013 RESIDENTIAL SERIES 2013 COMMERCIAL TOTAL DEBT SERVICE FISCAL YEAR 2020 O&M TOTAL COLLECTED NET ST JOE COMPANY - 217,202.18 - - - - 217,202.18 157,982.50 375,184.68 TOTAL DUE DIRECT INVOICE - 868,808.72 - - - - 868,808.72 221,175.55 1,089,984.27 LEON CO DIST 1 11/13/2019 474.38 - 6 89.96 - 1,265.71 - 2,430.05 1,619.94 4 ,049.99 LEON CO DIST 2 11/25/2019 7,981.79 2 0,652.41 30,195.94 - 21,296.53 128,682.16 208,808.83 147,858.42 356,667.25 LEON CO DIST 3 12/11/2019 4 7,047.29 2 1,498.03 134,182.37 165,092.01 125,528.78 133,951.11 627,299.59 421,511.61 1,048,811.20 LEON CO DIST 4 12/20/2019 6 9,863.04 2 9,446.49 177,752.97 9 3,978.95 186,404.40 183,476.78 740,922.63 504,161.91 1,245,084.54 LEON CO DIST 5 1/15/2020 8,102.75 2,532.88 10,268.47 - 21,619.28 15,781.99 58,305.37 39,745.77 98,051.14 LEON CO DIST 6 1/30/2020 132.45 73.56 3 50.40 257.09 353.40 4 58.37 1,625.27 1,106.39 2 ,731.66 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TOTAL RECEIVED TAX ROLL 133,601.70 74,203.37 353,440.11 259,328.05 3 56,468.10 462,350.41 1,639,391.74 1,116,004.04 2,755,395.78 TOTAL DUE TAX ROLL 9,316.15 2,961.63 26,004.54 14,819.30 24,856.81 18,453.44 96,411.87 65,275.91 161,687.78 PERCENT RECEIVED % RECEIVED DIRECT INVOICE % RECEIVED TAX ROLL SERIES 2008 / 2018-1 RESIDENTIAL SERIES 2008 / 2018-1 COMMERCIAL SERIES 2011A-1 RESIDENTIAL SERIES 2011A-2 / 2018-2 COMMERCIAL SERIES 2013 RESIDENTIAL SERIES 2013 COMMERCIAL TOTAL DEBT SERVICE FISCAL YEAR 2019 O&M TOTAL 0.00% 20.00% 0.00% 0.00% 0.00% 0.00% 20.00% 41.67% 25.61% 93.48% 96.16% 93.15% 94.59% 93.48% 96.16% 94.45% 94.47% 94.46% Capital Region Community Development District Check Register Summary General Fund 12/1/2019 - 1/31/2020 Check Date Check #'s Total Amount 12/2/2019 2386-2389 $ 154,199.82 12/20/2019 2390-2401 $ 788,712.76 1/10/2020 2402-2412 $ 795,668.12 Total $ 1,738,580.70 * FedEx invoices will be provided upon request RESOLUTION 2020-04 A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT ADOPTING AN INTERNAL CONTROLS POLICY CONSISTENT WITH SECTION 218.33, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Region Community Development District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated within the City of Tallahassee, Leon County, Florida; and WHEREAS, consistent with Section 218.33, Florida Statutes, the District is statutorily required to establish and maintain internal controls designed to prevent and detect fraud, waste, and abuse as defined in Section 11.45(1), Florida Statutes; promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices; support economical and efficient operations; ensure reliability of financial records and reports; and safeguard assets; and WHEREAS, to demonstrate compliance with Section 218.33, Florida Statutes, the District desires to adopt by resolution the Internal Controls Policy attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. The attached Internal Controls Policy attached hereto as Exhibit A is hereby adopted pursuant to this Resolution. SECTION 2. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect. SECTION 3. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. PASSED AND ADOPTED THIS 13TH DAY OF FEBRUARY, 2020. ATTEST: CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT ______________________________ ____________________________________ Secretary/Assistant Secretary Chairman, Board of Supervisors EXHIBIT “A” CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT INTERNAL CONTROLS POLICY 1. Purpose. 1.1. The purpose of this internal controls policy is to establish and maintain internal controls for the Capital Region Community Development District. 1.2. Consistent with Section 218.33(3), Florida Statutes, the internal controls adopted herein are designed to: 1.2.1. Prevent and detect Fraud, Waste, and Abuse (as hereinafter defined). 1.2.2. Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices. 1.2.3. Support economical and efficient operations. 1.2.4. Ensure reliability of financial records and reports. 1.2.5. Safeguard Assets (as hereinafter defined). 2. Definitions. 2.1. “Abuse” means behavior that is deficient or improper when compared with behavior that a prudent person would consider a reasonable and necessary operational practice given the facts and circumstances. The term includes the misuse of authority or position for personal gain. 2.2. “Assets” means District assets such as cash or other financial resources, supplies, inventories, equipment and other fixed assets, real property, intellectual property, or data. 2.3. “Auditor” means the independent auditor (and its employees) retained by the District to perform the annual audit required by state law. 2.4. “Board” means the Board of Supervisors for the District. 2.5. “District Management” means (i) the independent contractor (and its employees) retained by the District to provide professional district management services to the District and (ii) any other independent contractor (and its employees) separately retained by the District to provide amenity management services, provided said services include a responsibility to safeguard and protect Assets. 2.6. “Fraud” means obtaining something of value through willful misrepresentation, including, but not limited to, intentional misstatements or intentional omissions of amounts or disclosures in financial statements to deceive users of financial statements, theft of an entity’s assets, bribery, or the use of one’s position for personal enrichment through the deliberate misuse or misapplication of an organization’s resources. 2.7. “Internal Controls” means systems and procedures designed to prevent and detect fraud, waste, and abuse; promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices; support economical and efficient operations; ensure reliability of financial records and reports; and safeguard assets. 2.8. “Risk” means anything that could negatively impact the District’s ability to meet its goals and objectives. The term includes strategic, financial, regulatory, reputational, and operational risks. 2.9. “Waste” means the act of using or expending resources unreasonably, carelessly, extravagantly, or for no useful purpose. 3. Control Environment. 3.1. Ethical and Honest Behavior. 3.1.1. District Management is responsible for maintaining a work environment that promotes ethical and honest behavior on the part of all employees, contractors, vendors and others. 3.1.2. Managers at all levels must behave ethically and communicate to employees and others that they are expected to behave ethically. 3.1.3. Managers must demonstrate through words and actions that unethical behavior will not be tolerated. 4. Risk Assessment. 4.1. Risk Assessment. District Management is responsible for assessing Risk to the District. District Management’s Risk assessments shall include, but not be limited to: 4.1.1. Identifying potential hazards. 4.1.2. Evaluating the likelihood and extent of harm. 4.1.3. Identifying cost-justified precautions and implementing those precautions. 5. Control Activities. 5.1. Minimum Internal Controls. The District hereby establishes the following minimum Internal Controls to prevent and detect Fraud, Waste, and Abuse: 5.1.1. Preventive controls designed to forestall errors or irregularities and thereby avoid the cost of corrections. Preventive control activities shall include, but not be limited to, the following: 5.1.1.1. Identifying and segregating incompatible duties and/or implementing mitigating controls. 5.1.1.2. Performing accounting functions in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) standards. 5.1.1.3. Requiring proper authorizations to access and/or modify accounting software. 5.1.1.4. Implementing computerized accounting techniques (e.g. to help identify coding errors, avoid duplicate invoices, etc.). 5.1.1.5. Maintaining a schedule of the District’s material fixed Assets. 5.1.1.6. Maintaining physical control over the District’s material and vulnerable Assets (e.g. lock and key, computer passwords, network firewalls, etc.). 5.1.1.7. Retaining and restricting access to sensitive documents. 5.1.1.8. Performing regular electronic data backups. 5.1.2. Detective controls designed to measure the effectiveness of preventive controls and to detect errors or irregularities when they occur. Detective control activities shall include, but not be limited to, the following: 5.1.2.1. Preparing financial reports in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) standards. 5.1.2.2. Reviewing financial statements and investigating any material variances between budgeted expenses and actual expenses. 5.1.2.3. Establishing and implementing periodic reconciliations of bank, trust, and petty cash accounts. 5.1.2.4. Establishing an internal protocol for reporting and investigating known or suspected acts of Fraud, Waste, or Abuse. 5.1.2.5. Engaging in periodic physical inventory counts and comparisons with inventory records. 5.1.2.6. Monitoring all ACH (electronic) transactions and the sequencing of checks. 5.2. Implementation. District Management shall implement the minimum Internal Controls described herein. District Management may also implement additional Internal Controls that it deems advisable or appropriate for the District. The specific ways District Management implements these minimum Internal Controls shall be consistent with Generally Accepted Accounting Principles (GAAP) and otherwise conform to Governmental Accounting Standards Board (GASB) and American Institute of Certified Public Accountants (AICPA) standards and norms. 6. Information and Communication. 6.1. Information and Communication. District Management shall communicate to its employees (needing to know) information relevant to the Internal Controls, including but not limited to any changes to the Internal Controls and/or changes to laws, rules, contracts, grant agreements, and best practices. 6.2. Training. District Management shall regularly train its employees (needing the training) in connection with the Internal Controls described herein and promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices. 7. Monitoring Activities. 7.1. Internal Reviews. District Management shall internally review the District’s Internal Controls at least once per year. In connection with this internal review, District Management shall: 7.1.1.1. Review its operational processes. 7.1.1.2. Consider the potential risk of Fraud, Waste, or Abuse inherent in each process. 7.1.1.3. Identify the controls included in the process, or controls that could be included, that would result in a reduction in the inherent risk. 7.1.1.4. Assess whether there are Internal Controls that need to be improved or added to the process under consideration. 7.1.1.5. Implement new controls or improve existing controls that are determined to be the most efficient and effective for decreasing the risk of Fraud, Waste or Abuse. 7.1.1.6. Train its employees on implemented new controls or improvements to existing controls. 7.2. External Audits and Other Reviews. Audits and other reviews may be performed on various components of the District’s Internal Controls by the Auditor consistent with Government Auditing Standards (GAS). Audits may identify material deficiencies in the Internal Controls and make recommendations to improve them. District Management shall communicate and cooperate with the Board and the Auditor regarding the potential implementation of Auditor recommendations. Specific Authority: §§ 190.011(5), 218.33(3), Florida Statutes Effective date: ___________, 2020 DATE/TIME EVENT [February 20], 2020 RFP Notice is issued. [February 20], 2020 RFP package available for download (“Proposal Pick-Up Time”) [___________, 2020 to ________, 2020] Site inspections available. Please contact Robert Berlin (rberlin@gmsnf.com) to schedule a time to visit the site. [February 27], 2020 at 9:00 a.m. Mandatory pre-proposal meeting. [March 5], 2020 at 5:00 p.m. Deadline for questions. [March 23], 2020 at 12:00 p.m. Proposals submittal deadline. April 9, 2020 at 6:30 p.m. Board Meeting to evaluate proposals received PROJECT MANUAL FOR LANDSCAPE & IRRIGATION MAINTENANCE SERVICES CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT Tallahassee, Florida Date of Issue: February 20, 2020 at 12:00 p.m. Due Date: March 23, 2020 at 12:00 p.m. PROJECT MANUAL TABLE OF CONTENTS PUBLIC NOTICE ........................................................................................................................... 1 INSTRUCTIONS TO PROPOSERS .............................................................................................. 3 EVALUATION CRITERIA ......................................................................................................... 11 AFFIDAVIT REGARDING PROPOSAL ................................................................................... 13 PROPOSAL FORMS.................................................................................................................... 15 Proposal Summary Sheet .......................................................................................................... 16 General Information .................................................................................................................. 17 Personnel and Equipment ......................................................................................................... 19 Experience................................................................................................................................. 26 Pricing ....................................................................................................................................... 33 Signature Page .......................................................................................................................... 35 SWORN STATEMENT REGARDING PUBLIC ENTITY CRIMES ........................................ 36 SWORN STATEMENT REGARDING SCRUTINIZED COMPANIES ................................... 39 FORM OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT .............................................................................................................................. 41 Exhibit A – Scope of Services Exhibit B – Proposal Pricing (will include Proposal Form Part IV) Exhibit C – Other Forms Form of Daily Work Journal Form of Pest Management Report Form of Irrigation Repair Request Form of Work Authorization Exhibit D – Maintenance Map Exhibit PUBLIC NOTICE LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES REQUEST FOR PROPOSALS AND NOTICE OF MEETING TO OPEN PROPOSALS -------------------- CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT Leon County, Florida Notice is hereby given that the Capital Region Community Development District (“District”) will accept proposals from qualified firms (“Proposers”) interested in providing landscape and irrigation maintenance services, all as more specifically set forth in the Project Manual. The Project Manual, including among other materials, contract documents, project scope and any technical specifications, will be available for public inspection and may be obtained from the District’s Operations Manager at 3196 Merchants Row, Suite 130, Tallahassee, Florida 32311, or available on the District’s website at www.mysouthwoodcdd.com beginning at 12:00 p.m. (EST) on [Thursday, February 20], 2020. (“Proposal Pick-Up Time”) A mandatory pre-proposal meeting will be held on [Thursday, February 27], 2020, at 9:00 a.m. (EST) at 3196 Merchants Row Blvd, Suite 130, Tallahassee, Florida 32311. In order to submit a proposal, each Proposer must (1) be authorized to do business in Florida, (2) hold all required State and federal licenses in good standing; (3) have at least five (5) years of experience with landscape and irrigation maintenance projects; and (4) attend the mandatory pre-proposal meeting. All Proposers should obtain a copy of the Project Manual prior to the pre-proposal meeting. Copies of the Project Manual will not be available at that meeting. The District reserves the right in its sole discretion to make changes to the Project Manual up until the time of the proposal opening, and to provide notice of such changes only to those Proposers who have attended the preproposal meeting and registered. Firms desiring to provide services for this project must submit one (1) electronic copy and eight (8) hard-copy proposals no later than [Monday, March 23], 2020, at 12:00 p.m. (EST), at Hopping Green & Sams, 118 South Monroe St., Suite 300, Tallahassee, Florida 32301, Attention: Sarah Sandy. As further described in the Project Manual, each Proposer must supply with its proposal a proposal bond or cashier’s check in the amount of in a sum not less than five (5) percent of the amount proposed. Proposals shall be submitted in a sealed package, shall bear the name of the Proposer on the outside of the package and shall clearly identify the project. Those received after the time and date stipulated above may be returned un-opened to the Proposer. Any proposal not completed as specified or missing the required proposal documents may be disqualified in the District’s discretion. Firms or individuals submit their proposals on a voluntary basis and therefore are not entitled to compensation of any kind. The District shall not be obligated or be liable for any costs incurred by proposers prior to issuance of a contract. All costs to prepare and submit a response to this RFP shall be borne by the proposer. Any protest regarding the Project Manual, including but not limited to protests relating to the proposal notice, the proposal instructions, the proposal forms, the contract form, the scope of work, the map, the specifications, the evaluation criteria, the evaluation process established in the Project Manual, or any other issues or items relating to the Project Manual, must be filed in writing, within seventy-two (72) hours after the Proposal Pick-Up Time. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications or contract documents. Additional information and requirements regarding protests are set forth in the Project Manual and the District’s Rules of Procedure, which are available from the District Manager. Any proposer who files a Notice of Protest protesting the Project Manual, a proposal rejection, or a proposal award shall post with the District at the time of filing, a protest bond payable to the District. The protest bond for protesting the Project Manual shall be in the amount of ten thousand dollars ($10,000.00). Notwithstanding the District’s operating rules, the protest bond for protesting a proposal rejection or proposal award shall be in an amount equal to ten percent (10%) of the value of the solicitation, but in no case less than ten thousand dollars ($10,000.00). Bonds shall be by a U.S. postal service money order, certified, cashier’s check or such other form of surety as the District’s Staff may approve. All bonds shall be made payable to the District. Failure to post such bond within the requested time period shall result in the protest being dismissed by the District, with the Proposer afforded no relief. Rankings will be made based on the Evaluation Criteria contained within the Project Manual. Price will be one factor used in determining the proposal that is in the best interest of the District, but the District explicitly reserves the right to make such award to a proposal other than the lowest price proposal. The District has the right to reject any and all proposals and waive any technical errors, informalities or irregularities if it determines in its discretion it is in the best interest of the District to do so. Any and all questions relative to this project shall be directed in writing by e-mail only to Robert Berlin at rberliln@gmsnf.com. Notice of Public Meeting for Bid Opening A special meeting of the Capital Region Community Development District will be held on [Monday, March 23], 2020, at 12:00 p.m. (EST), at Hopping Green & Sams, 118 South Monroe St., Suite 300, Tallahassee, Florida 32301. No official action of the District’s Board will be taken at this meeting, it is held for the limited purpose of opening and announcing the bids. The meeting is open to the public and will be conducted in accordance with the provisions of Florida law. A copy of the agenda for this meeting may be obtained from the District Manager, Jim Oliver, at joliver@gmsnf.com. This meeting may be continued to a date, time, and place to be specified on the record at the meeting. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (561) 571-0010 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Office. Any and all questions relative to this request for proposals shall be directed in writing by e-mail only to Robert Berlin at rberliln@gmsnf.com. Questions must be submitted on or before 5:00 p.m. on [Wednesday, March 5], 2020. Capital Region Community Development District District Manager INSTRUCTIONS TO PROPOSERS CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT Landscape & Irrigation Maintenance Services Leon County, Florida Instructions to Proposers 1. DUE DATE. Sealed proposals (“Proposals”) must be received from interested parties (“Proposer(s)”) no later than Monday, [March 23], 2020, at 12:00 p.m. (EST), at Hopping Green & Sams, 118 South Monroe St., Suite 300, Tallahassee, Florida 32301, Attention: Sarah Sandy. Proposals must be accompanied by a Proposal Guarantee as described in Section 5 herein. Proposals received after the time and date stipulated above will not be considered. See Section 12, Submission of Proposal, for additional details. 2. SUMMARY OF SCHEDULE. The District anticipates the following RFP schedule, though certain dates may be subject to change: DATE/TIME EVENT [February 20], 2020 RFP Notice is issued. [February 20], 2020 RFP package available for pick-up or download (“Proposal Pick-Up Time”) [___________, 2020 to ________, 2020] Site inspections available. Please contact Robert Berlin (rberlin@gmsnf.com) to schedule a time to visit the site. [February 27], 2020 at 9:00 a.m. Mandatory pre-proposal meeting. [March 5], 2020 at 5:00 p.m. Deadline for questions. [March 23], 2020 at 12:00 p.m. Proposals submittal deadline. 3. MANDATORY PRE-PROPOSAL MEETING. There will be a mandatory pre-proposal meeting beginning at 9:00 a.m. on [February 27, 2020], and located at 3196 Merchants Row Blvd, Suite 130, Tallahassee, Florida 32311. Proposers who do not attend the pre-proposal meeting may be disqualified, in the District’s sole discretion. 4. SIGNATURE ON PROPOSAL; CORRECTIONS. Each Proposer must correctly execute all forms, affidavits, and acknowledgments for which signature and notary blocks are provided. If the proposal is made by an individual, that person’s name and business address shall be shown. If made by a partnership, the name and business address of an authorized member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered. In addition, the proposal shall bear the seal of the corporation. Anyone signing the proposal as agent shall file with the proposal legal evidence of his/her authority to do so. All proposals must be completed in pen and ink or type written. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the proposal. 5. PROPOSAL GUARANTEE. Each Proposer shall submit a proposal guarantee in the form of a proposal bond or cashier’s check in the amount of five percent (5%) of the of the amount proposed with its Proposal (“Proposal Guarantee”). The Proposal Guarantee shall be held until the time of award of contract – but not to exceed 90 days from the submittal deadline – at which time the Proposal Guarantee shall be returned to each unsuccessful Proposer. If the successful Proposer does not enter into the Contract within the time frames set forth herein, the Proposer shall forfeit its Proposal Guarantee to the District. 6. FAMILIARITY WITH THE PROJECT. The Proposer, by and through the submission of the Proposal, agrees that he shall be held responsible for having heretofore examined the project site, the location of all proposed work and for having satisfied himself from his own personal knowledge and experience or professional advice as to the character, conditions, and location of the site, the nature of the turf, shrubs, trees, palms, vegetation, weeds, sprinklers and irrigation systems, roads, sidewalks and paved paths, ground, surface and subsurface, and any other conditions surrounding and affecting the work, any obstruction, the nature of any existing construction, and all other physical characteristics of the job, in order that the Proposer may include in the prices which the Proposer proposes all costs pertaining to the work and thereby provide for the satisfactory landscape and irrigation maintenance thereof. The Proposer agrees to accept the site in an “as is” condition, and hold its prices for the period set forth in this proposal package, regardless of any changes to the site that may occur from the time of Proposal submission and through the time of contract award and the start of any work under the contract. The Proposer, in preparing the Proposal, shall take into consideration that work by other contractors may be in progress at or near the site and that the Proposer shall not interfere with work done by such other contractors. 7. FAMILIARITY WITH THE LAW. By submitting a Proposal, the Proposer is assumed to be familiar with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work as well as the District’s operating rules and procedures. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations. 8. PROJECT MANUAL. The “Project Manual” and any addenda thereto, will be available from District’s Operations Manager at 3196 Merchants Row, Suite 130, Tallahassee, Florida 32311, or available on the District’s website at www.mysouthwoodcdd.com beginning February 20, 2020 at 12:00 p.m. Proposers shall obtain or download a Project Manual prior to the mandatory pre-proposal meeting. 9. QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience to do the work specified herein at the sole and absolute discretion of the District. The Proposer shall submit with its Proposal satisfactory evidence of experience in similar work and show that it is fully prepared with the necessary organization, capital, and equipment to provide the required work to the satisfaction of the District. 10. SUBMISSION OF ONLY ONE PROPOSAL. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, if the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization. 11. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Project Manual are to be directed in writing, via e-mail only, to Robert Berlin, at rberlin@gmsnl.com. Additionally, the District reserves the right in its sole discretion to make changes to the Project Manual up until the time of the Proposal opening. Interpretations or clarifications considered necessary in response to questions or in otherwise in order to clarify the requirements of the Project Manual will be issued by Addenda to all parties. Questions received after March 5 at 5:00 p.m. will not be answered. Answers to all questions will be provided to all Proposers by e-mail and posted on the District’s website at www.mysouthwoodcdd.com. Only questions answered by formal written Addenda will be binding. No interpretations will be given verbally. No inquiries will be accepted from subcontractors; the Proposer shall be responsible for all queries. 12. SUBMISSION OF PROPOSAL. Submit eight (8) hard copies and one (1) digital PDF copy (flash drive or disc required), along with other requested attachments, at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the project title and name and address of the Proposer and accompanied by the required documents. If the Proposal is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with a notation “RESPONSE TO REQUEST FOR PROPOSALS (Capital Region Community Development District – Landscape & Irrigation Maintenance) ENCLOSED” on the face of it. All costs to prepare and submit a response shall be borne by the Proposer. All proposals will be publicly opened [Monday, March 23], 2020, at 12:00 p.m. (EST), at Hopping Green & Sams, 118 South Monroe St., Suite 300, Tallahassee, Florida 32301. 13. MODIFICATION AND WITHDRAWAL. Proposals may be modified or withdrawn by an appropriate document duly executed and delivered to the place where Proposals are to be submitted at any time prior to the time and date the proposals are due. No Proposal may be withdrawn after opening for a period of ninety (90) days. 14. PROPOSAL FORMS. All blanks on the Proposal forms must be completed in ink or typewritten. The Proposal shall contain an acknowledgment of receipt of all Addenda. In making its Proposal, each Proposer represents that it has read and understands the Project Manual and that the Proposal is made in accordance therewith, including verification of the contents of the Project Manual against the Table of Contents. Proposer shall provide in their Proposal a complete breakdown of both unit quantities and unit costs for each separate item associated with landscaping & irrigation maintenance plan and technical specifications. The quantities and unit costs for landscaping materials shall be provided by the Proposer in accordance with the Project Manual. Failure to supply any requested information and submit fully completed forms may result in disqualification. The district reserves the right to request additional information if clarification is necessary. 15. PROPOSAL INFORMATION. All Proposals should include the following information, among other things described herein: A. A completed and executed Proposal Form, with all of its parts and any attachments, as well as executed copies of the Affidavit Regarding Proposal, the Sworn Statement Regarding Public Entity Crimes, and the Sworn Statement Regarding Scrutinized Companies. B. A listing of the position / title and corporate responsibilities of key management or supervisory personnel (forms attached). Include resumes for each person listed, and list years of experience in present position for each party listed and years of related experience. C. Describe proposed staffing levels, including information on current operations, administrative, maintenance and management staffing of both a professional and technical nature, including resumes for staff at or above the project manager level. D. Information related to other projects of similar size and scope for which Proposer has provided, or is currently providing, landscape and irrigation maintenance services over the past three years (forms attached), including the scope of services provided, the name of the project owner, and a contact name and phone number. E. A list of the total annual dollar value of work completed for the last three (3) years. F. A list of all other contracts related to the provision of services by the Proposer in which the company is presently engaged. G. At least three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person. The references may, but are not required to, overlap with the projects or current contracts as listed under items E. and F. H. A narrative description of the Proposer’s approach to providing the services as described in the scope of services provided herein (limited to five (5) pages). I. Completed proposal pricing sheet. All responses must itemize the cost for each of the items described in the Project Manual and break out all costs, such as the number of mowings by month, dollar value by event, etc. Unit costs for mulch and annuals, including installation, should be provided but not included in the contract amount as these services shall be rendered at the discretion of the District’s Board of Supervisors. If additional services are added during the term of the contract, compensation for such services shall be based on the unit prices provided. J. A current Certificate of Insurance and proof of financial capability, as specified herein. 16. INSURANCE. All Proposers shall include as part of their proposal a current Certificate of Insurance demonstrating the company’s ability to meet the insurance coverage requirements set forth in the attached contract form provided herein. In the event the Proposer is notified of award, it shall provide proof of the insurance coverage identifying the District, its officers, employees and agents as additional insureds, as stated in the contract form provided herein, within fifteen (15) calendar days after notification, or within such approved extended period as the District may grant. Failure to provide proof of insurance coverage shall constitute a default. 17. FINANCIALS. In evaluating and scoring the proposals, the District will consider the financial capability of each Proposer, and as such each Proposer should submit relevant information regarding financial capability. In the event the Proposer is notified of award, the District may in its sole discretion require that the Proposer provide sufficient proof of financial capability, including, if requested, audited financial statements from the last three years. 18. BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to reject any and all proposals, in its sole and absolute discretion, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District. 19. CONTRACT AWARD; CHANGES. Within fifteen (15) days of receipt of the Notice of Award from the District or as otherwise extended by the District, the Proposer shall enter into and execute a contract in substantially the form included in the Project Manual. If a Proposer to whom a contract is awarded forfeits and fails to execute a contract agreement within the aforementioned timeframe, the contract award may be annulled at the District’s option. If the award is annulled, the District may, at its sole discretion, award the contract to the next highest ranked Proposer for the contract work, re-advertise, perform the work by day/temporary labor, or through in-house operations. The successful Proposer (“Contractor”) is expected to commence work on or about [October 1, 2020], or on such other date as may be specified by the district in a written Notice to Proceed. The contract shall be for a specified term and, upon expiration or termination, Contractor, if requested by the District, agrees to perform the services on a month-tomonth basis until either party has provided the other party written notice of its election to renew or terminate the contract. Any work performed prior to issuance of a Notice to Proceed shall be at the Proposer’s or Contractor’s risk unless specifically agreed in writing. This RFP does not guarantee that a contract will be awarded. The District reserves the exclusive right to reject any and all Proposals and to award by items, groups of items, or total proposal. The District reserves the right to order changes in its scope of work and resulting contract. The successful proposer has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the Contractor. Price adjustments will be based on the prices proposed by the Contractor in response to this solicitation. Any contract resulting from this solicitation may be modified upon written and mutual consent of both parties. 20. MANDATORY AND PERMISSIVE REQUIREMENTS. Notwithstanding anything else within the Project Manual, the only mandatory requirements of this Project Manual are that each Proposer must (1) be authorized to do business in Florida, (2) hold all required state and federal licenses in good standing; (3) have at least five (5) years of experience as a landscape and irrigation maintenance contractor; and (4) attend the mandatory pre-proposal meeting. All other requirements set forth in the Project Manual shall be deemed “permissive,” in that a Proposer’s failure to meet any requirement described in mandatory terms such as “shall,” “will,” “mandatory,” or similar language does not automatically disqualify the Proposer’s Proposal, but instead in the Board’s discretion may result in the disqualification of a Proposal or alternatively may be taken into account in the evaluation and scoring of the Proposal. 21. INDEMNIFICATION. The successful Proposer shall fully indemnify, defend and hold harmless the District and its officers, agents, and employees from and against all claims, damages, costs and losses arising, in whole or in part, from its negligence or breach of contract, as more fully set forth in the contract form, provided herein. 22. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District’s limitations on liability contained in section 768.28, Florida Statutes, or other statute or law. 23. EVALUATION OF PROPOSALS. The proposals shall be ranked based on the criteria presented in the Evaluation Criteria sheets contained within the Project Manual. Price will be one factor used in determining the proposal that is in the District’s best interest, but the District explicitly reserves the right to make such award to other than the lowest priced proposal. The Board shall review and evaluate the Proposals in their individual discretion and make any final determination with respect to the award of a final contract that is in the best interests of the District. Proposals may be held by the District for a period not to exceed 90 days from the date of proposal opening for the purposes of reviewing the proposals and investigating the qualifications of the Proposers, prior to executing a contract agreement. During this time, all provisions of the submitted proposal must be in effect, including pricing. The District may visit the Proposer’s facilities as part of the evaluation process. The District also reserves the right to seek clarification from prospective firms on any issue in a response, invite specific firms for site visits or oral presentations, or take any action it feels necessary to properly evaluate the submissions and construct a solution in the District’s best interest. Failure to submit the requested information or required documentation may result in the lessening of the proposal score or the disqualification of the proposal response. 24. COLLUSION. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization. 25. BLACK OUT PERIOD/CONE OF SILENCE. The black out period is defined as between the time the Request for Proposals is issued by the District and the time the Board awards the contract. During this black out period, and except as otherwise expressly authorized herein, any attempt to communicate either directly or indirectly with District staff or officials related to this solicitation for goods or services, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication, will result in disqualification of their award and/or contract. This does not apply to pre-solicitation conferences, contract negotiations, or communications with staff not concerning this solicitation. 26. PRICING. Proposers shall submit their price information on the supplied forms with all blank spaces completed. Proposers shall also sign the required form. Each line item shall be clearly stated and cover all charges including incidental expenses, applicable taxes, insurance, overhead and profit. Proposers will not be allowed to make any substitutions in materials, quantities or frequencies during the proposal process. Proposers shall guarantee that their pricing to the District shall not increase throughout the term of the contract agreement executed. 27. REFERENCE TERMS. Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships and corporations. References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular. 28. ADDITIONAL TERMS AND CONDITIONS. No additional terms and conditions included with the proposal response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this proposal. If submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this proposal and the Proposer’s authorized signature affixed to the proposal attests to this. 29. PROTESTS. Any protest regarding the Project Manual, including but not limited to protests relating to the proposal notice, the proposal instructions, the proposal forms, the contract form, the scope of work, the map, the specifications, the evaluation criteria, the evaluation process established in the Project Manual, or any other issues or items relating to the Project Manual, must be filed in writing, within seventy-two (72) hours after the Proposal Pick-Up Time, and any protest relating to a decision regarding a contract award or rejection of proposal(s) must be filed within seventy-two (72) hours (excluding Saturdays, Sundays, and official holidays of the State of Florida) after issuance of a notice of such a decision. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid plans, specifications, contract documents, or decision. Additional information and requirements regarding protests are set forth in the District’s Rules of Procedure, which are available from the District Manager. All protests must be filed to: District Manager, Jim Oliver, at [__________________________]. 30. PROTEST BOND. Any proposer who files a Notice of Protest protesting the Project Manual, a proposal rejection, or a proposal award shall post with the District at the time of filing, a protest bond payable to the District. The protest bond for protesting the Project Manual shall be in the amount of ten thousand dollars ($10,000.00). Notwithstanding the District’s operating rules, the protest bond for protesting a proposal rejection or proposal award shall be in an amount equal to ten percent (10%) of the value of the solicitation, but in no case less than ten thousand dollars ($10,000.00). Bonds shall be by a U.S. postal service money order, certified, cashier’s check or such other form of surety as the District’s Staff may approve. All bonds shall be made payable to the District. Failure to post such bond within the requested time period shall result in the protest being dismissed by the District, with the proposer afforded no relief. If the person or firm protesting the award prevails, the bond shall be returned to the protestor; however, if, after completion of a formal protest hearing in which the District prevails, the bond shall be applied to payment of the costs and attorney fees incurred by the District relative to the protest. The entire amount of the bond shall be forfeited if the District determines that a protest was filed for a frivolous or improper purpose, including, but not limited to, the purpose of harassing, causing unnecessary delay, or causing needless cost for the District or other parties. No proposer shall be entitled to recover any costs of proposal preparation from the District, regardless of the outcome of any protest. EVALUATION CRITERIA CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES EVALUATION CRITERIA Factor Description Maximum Points 1. Understanding of Scope of Work Does the proposal demonstrate an understanding of the District’s needs for the services requested? Does it demonstrate clearly the ability to perform these services? Were any suggestions for “best practices” performance included? 20 2. Experience (E.g., past record and experience of the respondent in similar projects; volume of work previously awarded to the firm; past performance in any other contracts; character, integrity, reputation, references of respondent, etc.) 20 3. Personnel & Equipment This category addresses the following criteria: skill set and experience of key management and assigned personnel, including the project manager and other specifically trained individuals who will manage the property; present ability to manage this project; proposed staffing levels; capability of performing the work; geographic location; subcontractor listing; inventory of all equipment; etc. Skill set includes certification, technical training, and experience with similar projects. Please include resumes, certifications, etc., with proposal. Please also provide evidence of the proposer’s ability to meet deadlines and be responsive to client needs. 20 4. Geographic Location 5 points will be awarded to any Proposer whose principal office/headquarters is located at an address within Leon, Wakulla, Gadsden, Jefferson or Liberty County, Florida, as such principal/headquarters office is listed on the last annual report filed with the Florida Department of State, Division of Corporations prior to October 2019. Proposers whose principal office/headquarters is not located within Leon Wakulla, Gadsden, Jefferson or Liberty County, Florida, will not be awarded any points for this category. 5 5. Financial Capability Demonstration of financial resources and stability as a business entity, 15 necessary to implement and execute the services required. If all financial information is not provided, Proposer will earn no more than five (5) points. 6. Price A full twenty (20) points will be awarded to the Proposer submitting the lowest bid. AN AVERAGE OF ALL THREE YEARS PRICING IS TO BE CONSIDERED WHEN AWARDING POINTS FOR PRICING - THE INITIAL TERM AND THE FIRST AND SECOND ANNUAL RENEWALS. All other proposers will receive a percentage of this amount based upon a formula which divides the low bid by the proposer’s bid and is then multiplied by the number of points possible in this part of the Price evaluation. 20 Total ___/100 Additional Information Regarding Evaluation Once proposals are received, the District’s Board of Supervisors will review each proposal and score each based on the evaluation criteria, information provided in response to reference checks, and any other information available to the District and permitted to be used under law. The District’s award will be based on the proposal that is most advantageous to the District. The District reserves the right to seek clarification from prospective firms on any issue in a response for the District, invite specific firms for site visits or oral presentations, or take any action it feels necessary to properly evaluate the submissions and construct a solution in the District’s best interest. Failure to submit the requested information or required documentation may result in the lessening of the proposal score or the disqualification of the proposal response. Do not attempt to contact any District Board member, staff member or any person other than the appointed staff for questions relating to this RFP. Anyone attempting to lobby District representatives will be disqualified. It is anticipated that the District’s Board of Supervisors will meet to evaluate the proposals on [April 9], 2020, at 6:30p.m., but the District reserves the right to reschedule any such meeting. AFFIDAVIT REGARDING PROPOSAL AFFIDAVIT REGARDING PROPOSAL STATE OF COUNTY OF Before me, the undersigned authority, appeared the affiant, ________________, and having taken an oath, affiant, based on personal knowledge, deposes and states: 1. I am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of ___________________ for ____________________ (“Proposer”), and am authorized to make this Affidavit Regarding Proposal on behalf of Proposer. 2. I assisted with the preparation of, and have reviewed, the Proposer’s proposal (“Proposal”) provided in response to the Capital Region Community Development District’s (“District”) request for proposals for landscape and irrigation maintenance services. All of the information provided therein is full and complete, and truthful and accurate. I understand that intentional inclusion of false, deceptive or fraudulent statements, or the intentional failure to include full and complete answers, may constitute fraud; and, that the District may consider such action on the part of the Proposer to constitute good cause for rejection of the proposal. 3. I do hereby certify that the Proposer has not, either directly or indirectly, participated in collusion or proposal rigging. 4. The Proposer agrees through submission of the Proposal to honor all pricing information for ninety (90) days from the opening of the proposals, and if awarded the contract on the basis of this Proposal to enter into and execute the contract in the form included in the Project Manual. 5. The Proposer acknowledges the receipt of the complete Project Manual as provided by the District and as described in the Project Manual’s Table of Contents, as well as the receipt of the following Addenda: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated 6. By signing below, the Proposer acknowledges that (i) the Proposer has read, understood, and accepted the Project Manual; (ii) the Proposer has had an opportunity to consult with legal counsel regarding the Project Manual; (iii) the Proposer has agreed to the terms of the Project Manual; (iv) this is an informal bid, and no protest rights or other procurement rights will be afforded to the Proposer; and (v) the Proposer has waived any right to challenge any matter relating to the Project Manual, including but not limited to any protest relating to the proposal notice, proposal instructions, the proposal forms, the contract form, the scope of work, the maintenance map, the specifications, the evaluation criteria, the evaluation process, or any other issues or items relating to the Project Manual. 7. The Proposer authorizes and requests any person, firm or corporation to furnish any pertinent information requested by the District, or its authorized agents, deemed necessary to verify the statements made in the Proposal, or regarding the ability, standing, integrity, quality of performance, efficiency, and general reputation of the Proposer. Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Affidavit Regarding Proposal and that the foregoing is true and correct. Dated this __________ day of _______________________, 2020. Proposer:__________________________________ By:______________________________________ Title:_____________________________________ STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of . physical presence or . online notarization this ____ day of ______________________, 2020, by _________________ of _________________, who is . personally known to me or . who has produced _________________________________ as identification, and . did or . did not take the oath. __________________________________________ Notary Public, State of Florida Print Name:________________________________ Commission No.:___________________________ My Commission Expires: ____________________ PROPOSAL FORMS PROPOSAL FORM FOR LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES TO BE SUBMITTED TO: CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT c/o Hopping Green & Sams, on or before March 23, 2020 at 12:00p.m. (EST) TO: Capital Region Community Development District FROM: _________________________________________________________ (Proposer) In accordance with the Request for Proposals for Landscape and Irrigation Maintenance for Capital Region Community Development District, the undersigned proposes to provide all services as described in the detailed Scope and/or Specifications for the District. All proposals shall be in accordance with the Project Manual. Proposal Form Contents: Proposal Summary Part I – General Information Part II – Personnel and Equipment Part III – Experience Part IV – Pricing Signature Page Proposal Summary Sheet PROPOSAL FORM PROPOSAL SUMMARY I, ________________________REPRESENTING _______________________________ Company and/or Corporation (“Proposer”), agree to furnish the services required in the scope/specifications at the following prices: I. Contract Proposal Amount: $__________________________ (Please provide an average of all three years of pricing) Annual Total, Year 1: $___________________________ Annual Total, Year 2: $___________________________ Annual Total, Year 3: $___________________________ II. Proposer Information NAME OF PROPOSER: ______________________________________________________ ADDRESS:____________________________________________________________________ PHONE: __________________________ FAX: ______________________________ SIGNATURE: __________________________________________________________________ PRINTED NAME: ______________________________________________________________ TITLE: __________________________________________________________________ DATE: ______________________ General Information PROPOSAL FORM PART I – GENERAL INFORMATION • Proposer General Information: Proposer Name ___________________________________________________________ Street Address P. O. Box (if any) City State Zip Code Telephone Fax no. _____________________________ 1st Contact Name Title 2nd Contact Name Title Parent Company Name (if any) ______________________________________________ Street Address P. O. Box (if any) City State Zip Code Telephone Fax no. _____________________________ 1st Contact Name Title 2nd Contact Name Title • Company Standing: Proposer’s Corporate Form: _________________________________________________ (e.g., individual, corporation, partnership, limited liability company, etc.) In what State was the Proposer organized? _____________________ Date ___________ Is the Proposer in good standing with that State? Yes ___ No ___ If no, please explain Is the Proposer registered with the State of Florida, Division of Corporations and authorized to do business in Florida? Yes ___ No ___ If no, please explain • What are the Proposer’s current insurance limits? General Liability $_____________ Automobile Liability $_____________ Workers Compensation $_____________ Expiration Date ______________ • Licensure – Please list all applicable state and federal licenses, and state whether such licenses are presently in good standing: Personnel and Equipment PROPOSAL FORM PART II – PERSONNEL AND EQUIPMENT • List the location of the Proposer’s office, which would perform work for the District. Street Address P. O. Box (if any) City State Zip Code Telephone Fax no. _____________________________ 1st Contact Name Title 2nd Contact Name Title • Proposed Staffing Levels - Landscape and irrigation maintenance staff will include the following: __________ Supervisors, who will be onsite ___ days per week; __________ Technical personnel, who will be onsite ___ days per _____; and __________ Laborers, who will be onsite ___ days per week. • Officers and Supervisory Personnel – Please complete the pages that follow at the end of this Part regarding the Proposer’s Officers and Supervisory Personnel, and attach resumes for any individuals listed. • Technical Personnel – Does the Proposer currently employ any other technical personnel who have expertise in pesticide application, herbicide application, arboriculture, horticulture, or other relevant fields of expertise? Yes ___ No ___ If yes, please provide the following information for each person (attach additional sheets if necessary): Name:__________________________________________________________________ Position / Certifications:____________________________________________________ Duties / Responsibilities:___________________________________________________ % of Time to Be Dedicated to This Project: ________% Please describe the person’s role in other projects on behalf of the Proposer: Project Name/Location: Contact: Contact Phone: Project Type/Description: Duties / Responsibilities: ___________________________________________________ Dollar Amount of Contract: Proposer’s Scope of Services for Project: Dates Serviced: • Subcontractors – Does the Proposer intend to use any subcontractors in connection with the work? Yes ___ No ___ For each subcontractor, please provide the following information (attach additional sheets if necessary): Subcontractor Name Street Address P. O. Box (if any) City State Zip Code Telephone Fax no. _____________________________ 1st Contact Name Title 2nd Contact Name Title Proposed Duties / Responsibilities:___________________________________________ Please describe the subcontractor’s role in other projects on behalf of the Proposer: Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: Proposer’s Scope of Services for Project: Dates Serviced: • Security Measures - Please describe any background checks or other security measures that were taken with respect to the hiring and retention of the Proposer’s personnel who will be involved with this project, and provide proof thereof to the extent permitted by law: • Equipment – Please complete the pages that follow at the end of this Part regarding the Proposer’s Equipment that will be used in connection with this project. OFFICERS PROPOSER:________________________________ DATE: Provide the following information for key officers of the Proposer and parent company, if any. NAME POSITION OR TITLE RESPONSIBILITIES INDIVIDUAL'S RESIDENCE CITY, STATE FOR PARENT COMPANY (if applicable) SUPERVISORY PERSONNEL WHO WILL BE INVOLVED WITH THE WORK PROPOSER:________________________________ DATE: INDIVIDUAL'S NAME PRESENT TITLE JOB RESPONSIBILITIES OFFICE LOCATION % OF TIME TO BE DEDICATED TO THIS PROJECT / # OF DAYS ON-SITE PER WEEK YEARS OF EXPERIENCE IN PRESENT POSITION TOTAL YEARS OF RELATED EXPERIENCE COMPANY OWNED MAJOR EQUIPMENT TO BE USED IN CONNECTION WITH THE WORK PROPOSER:________________________________ DATE: QUANTITY DESCRIPTION* # OF PROJECTS DEDICATED TO STORAGE AND WORK SITE LOCATIONS Experience PROPOSAL FORM PART III – EXPERIENCE • Has the Proposer performed work for a community development district previously? Yes ___ No ___ If yes, please provide the following information for each project (attach additional sheets if necessary): Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: Scope of Services for Project: Dates Serviced: • List the Proposer’s total annual dollar value of landscape and irrigation services work completed for each of the last three (3) years: 2019 = 2018 = 2017 = • Please provide the following information for each project that is similar to this project, currently undertaken, or undertaken in the past five years. The projects must include irrigation maintenance as well. Attach additional sheets if necessary. Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: How was the project similar to this project? Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.): List of equipment used on site: List of subcontractors used: Is this a current contract? Yes ___ No ___ Duration of contract: • (Information regarding similar projects – continued) Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: How was the project similar to this project? Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.): List of equipment used on site: List of subcontractors used: Is this a current contract? Yes ___ No ___ Duration of contract: • (Information regarding similar projects – continued) Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: How was the project similar to this project? Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.): List of equipment used on site: List of subcontractors used: Is this a current contract? Yes ___ No ___ Duration of contract: • (Information regarding similar projects – continued) Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: How was the project similar to this project? Your Company’s Detailed Scope of Services for Project (i.e. fertilization, mowing, pest control, weed control, thatch removal, irrigation, etc.): List of equipment used on site: List of subcontractors used: Is this a current contract? Yes ___ No ___ Duration of contract: • Has the Proposer, or any of its principals or supervisory personnel (e.g., owner, officer, or supervisor, etc.), been terminated from any landscape or irrigation installation or maintenance contract within the past 5 years? Yes _____ No _____ For each such incident, please provide the following information (attach additional sheets as needed): Project Name/Location: Contact: Contact Phone: Project Type/Description: Dollar Amount of Contract: Scope of Services for Project: Dates Serviced: Reason for Termination: • Has the Proposer been cited by OSHA for any job site or company office/shop safety violations in the past five years? Yes ___ No ___ If yes, please describe each violation, fine, and resolution What is the Proposer’s current worker compensation rating? ________________________ Has the Proposer experienced any worker injuries resulting in a worker losing more than ten (10) working days as a result of the injury in the past five years? Yes ___ No ___ If yes, please describe each incident • Please state whether or not the Proposer or any of its affiliates are presently barred or suspended from proposing or contracting on any state, local, or federal contracts? Yes ___ No ___ If yes, please provide: The names of the entities The state(s) where barred or suspended The period(s) of debarment or suspension Also, please explain the basis for any bar or suspension: • List any and all governmental enforcement actions (e.g., any action taken to impose fines or penalties, licensure issues, permit violations, consent orders, etc.) taken against the Proposer or its principals, or relating to the work of the Proposer or its principals, in the last five (5) years. Please describe the nature of the action, the Proposer’s role in the action, and the status and/or resolution of the action. • List any and all litigation to which the Proposer or its principals have been a party in the last five (5) years. Please describe the nature of the litigation, the Proposer’s role in the litigation, and the status and/or resolution of the litigation. • Has the Proposer or any of its affiliates (parents or subsidiaries), or any of the Proposer’s officers or principal members, shareholders or investors filed for bankruptcy, either voluntary or involuntary, within the past 10 years? Yes (_) No (_) If yes, provide the following: Identify the Case # and Tribunal:________________________________________ Describe the Nature of the Action:________________________________________ Describe the Proposer’s Role in the Action and Describe the Status and/or Resolution: • Has the Proposer or any of its affiliates (parents or subsidiaries), or any of the Proposer’s officers or principal members, shareholders or investors executed an assignment for the benefit of creditors within the past 10 years? Yes (_) No (_) If yes, please explain: • Has the Proposer or any of its affiliates (parents or subsidiaries), or any of the Proposer’s officers or principal members, shareholders or investors defaulted on a loan or other financial obligation (e.g., failing to pay subcontractors or materialmen) within the past 10 years? Yes (_) No (_) If yes, please explain: Pricing PROPOSAL FORM PART IV - PRICING NOTE: This pricing form is intended to cover pricing for the initial one year term of the contract. It is assumed that prices will remain the same through each of the three potential annual renewal terms. If the Proposer intends to change pricing for any renewal term, then the Proposer should submit multiple pricing forms, one for each renewal term. Otherwise, the prices stated below will be binding for the initial one-year term, and any annual renewal terms. Please complete the pricing form on the following page. [insert pricing form] Signature Page PROPOSAL FORM – SIGNATURE PAGE Under penalties of perjury under the laws of the State of Florida, I represent that I have authority to sign this Proposal Form (including Parts I through IV) on behalf of _________________________________ (“Proposer”) and declare that I have read the foregoing Proposal Form (including Parts I through IV) and that all of the questions are fully and completely answered, and all of the information provided is true and correct. Dated this __________ day of _______________________, 2020. Proposer:___________________________________ By:______________________________________ Title:_____________________________________ STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of . physical presence or . online notarization this ____ day of ______________________, 2020, by _________________ of _________________, who is . personally known to me or . who has produced _________________________________ as identification, and . did or . did not take the oath. __________________________________________ Notary Public, State of Florida Print Name:________________________________ Commission No.:___________________________ My Commission Expires: ____________________ SWORN STATEMENT REGARDING PUBLIC ENTITY CRIMES SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, REGARDING PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Capital Region Community Development District. 2. I am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of ___________________ for ____________________ (“Proposer”), and am authorized to make this Sworn Statement on behalf of Proposer. 3. Proposer’s business address is 4. Proposer’s Federal Employer Identification Number (FEIN) is (If the Proposer has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 5. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 6. I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 7. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or, 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 8. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which proposals or applies to proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 9. Based on information and belief, the statement which I have marked below is true in relation to the Proposer submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies): There has been a proceeding concerning the conviction before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of Management Services.) Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Sworn Statement under Section 287.133(3)(a), Florida Statutes, Regarding Public Entity Crimes and all of the information provided is true and correct. Dated this __________ day of _______________________, 2020. Proposer:__________________________________ By:______________________________________ Title:_____________________________________ STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of . physical presence or . online notarization this ____ day of ______________________, 2020, by _________________ of _________________, who is . personally known to me or . who has produced _________________________________ as identification, and . did or . did not take the oath. __________________________________________ Notary Public, State of Florida Print Name:________________________________ Commission No.:___________________________ My Commission Expires: ____________________ SWORN STATEMENT REGARDING SCRUTINIZED COMPANIES SWORN STATEMENT PURSUANT TO SECTION 287.135(5), FLORIDA STATUTES, REGARDING SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST OR SCRUTINIZED COMPANIES WITH ACTIVITIES IN THE IRAN PETROLEUM ENERGY SECTOR LIST THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Capital Region Community Development District (“District”). 2. I am over eighteen (18) years of age and competent to testify as to the matters contained herein. I serve in the capacity of ___________________ for ____________________ (“Proposer”), and am authorized to make this Sworn Statement on behalf of Proposer. 3. Proposer’s business address is 4. Proposer’s Federal Employer Identification Number (FEIN) is (If the Proposer has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 5. I understand that, subject to limited exemptions, Section 287.135, Florida Statutes, declares a company that at the time of proposing or submitting a proposal for a new contract or renewal of an existing contract is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes, is ineligible for, and may not proposal on, submit a proposal for, or enter into or renew a contract with a local governmental entity for goods or services of $1 million or more. 6. Based on information and belief, at the time the Proposer submitting this sworn statement submits its proposal to the District, neither the Proposer, nor any of its officers, directors, executives, partners, shareholders, members, or agents, is listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. 7. If awarded the contract, the Proposer will immediately notify the District in writing if either the entity, or any of its officers, directors, executives, partners, shareholders, members, or agents, is placed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Sworn Statement and all of the information provided is true and correct. Dated this __________ day of _______________________, 2020. Proposer:__________________________________ By:______________________________________ Title:_____________________________________ STATE OF COUNTY OF The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of . physical presence or . online notarization this ____ day of ______________________, 2020, by _________________ of _________________, who is . personally known to me or . who has produced _________________________________ as identification, and . did or . did not take the oath. __________________________________________ Notary Public, State of Florida Print Name:________________________________ Commission No.:___________________________ My Commission Expires: ____________________ FORM OF LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES AGREEMENT CONTRACT FORM LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT (“Agreement”) is made and entered into this ____ day of _________, 2020, by and between: CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Leon County, Florida, and having offices at c/o 3196 Merchants Row Blvd. Suite 130, Tallahassee, FL. 32311 (“District”); and ___________________________, a ___________________, whose address is ___________________________________ (“Contractor,” and collectively with the District, “Parties”). RECITALS WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including landscaping and irrigation; and WHEREAS, the District has a need to retain an independent contractor to provide, for certain lands within the District, certain landscape and irrigation maintenance services; and WHEREAS, to solicit such services, the District has solicited proposals based on a “Project Manual,” and has determined to make an award of a contract for landscape and irrigation maintenance services to the Contractor, based on the proposal pricing provided by Contractor; and WHEREAS, Contractor desires to provide such services, and represents that it is qualified to do so. NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon: 1. INCORPORATION OF RECITALS. The recitals stated above are true and correct and are incorporated by reference as a material part of this Agreement. 2. SCOPE OF SERVICES. The Contractor shall provide the services and materials described in the Scope of Services attached hereto as EXHIBIT A and for the areas identified in the Landscape Maintenance Areas Exhibit attached hereto as EXHIBIT D (together, “Work”). The Contractor agrees that the Landscape and Irrigation Maintenance Areas Exhibit attached hereto as EXHIBIT D is the District’s best estimate of the District’s landscape and irrigation needs, but that other areas may also include landscaping that requires maintenance. The Contractor agrees that the District may, in its discretion, add up to 0.5 acre(s) of landscaping area to the Work, with no adjustment to price, and may add additional acreage of landscaping area to the Work beyond the 0.5 acre(s) using the unit pricing set forth in EXHIBIT B. The Contractor shall perform the Work consistent with the presently established, high-quality standards of the District, and shall assign such staff as may be required for coordinating, expediting, and controlling all aspects of the Work. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. Notwithstanding any other provision of this Agreement, the District reserves the right in its discretion to remove from this Agreement any portion of the Work and to separately contract for such services. In the event that the District contracts with a third party to install certain landscaping or to otherwise perform services that might otherwise constitute a portion of the Work, Contractor agrees that it will be responsible for any such landscaping installed by the third party, and shall continue to perform all other services comprising the Work, including any future services that apply to the landscaping installed by the third party or to the areas where services were performed by the third party. 3. MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake the Work as specified in this Agreement or any Work Authorization (see Section 7.c. herein) issued in connection with this Agreement. All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards, such as USF, IFAS, etc. The Contractor shall document all Work using the forms attached hereto as part of EXHIBIT C, or such other forms as may be approved by the District. The performance of all Work under this Agreement and related to this Agreement shall conform to any written instructions issued by the District. 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 same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days with prior notification to, and approval by, the District Representatives (defined below). Contractor in conducting the Work shall use all due care to protect against any harm to persons or property. If the Contractor’s acts or omissions result in any damage to property within the District, including but not limited to damage to landscape lighting, irrigation system components, entry monuments, etc., the Contractor shall immediately notify the District and repair all damage – and/or replace damaged property – to the satisfaction of the District. Contractor shall maintain at all times strict discipline among its employees and shall not employ for work on the project any person unfit or without sufficient skills to perform the job for which such person is employed. All laborers and foremen shall perform all Work on the premises in a uniform to be designed by the Contractor, and shall maintain themselves in a neat and professional manner. No smoking in or around the buildings will be permitted. No Contractor solicitation of any kind is permitted on property. 4. MONITORING OF SERVICES. The District shall designate in writing one or more persons to act as the District’s representatives with respect to the services to be performed under this Agreement (“District Representatives”). The District Representatives shall have complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services. This authority shall include but not be limited to verification of correct timing of services to be performed, methods of pruning, pest control and disease control. The District hereby designates ___________ and ___________ to act as the District Representatives. The Contractor shall not take direction from anyone other than the District Representatives (e.g., the Contractor shall not take direction from individual District Board Supervisors, any representatives of any local homeowner’s associations, any residents, etc.). The District shall have the right to change its designated representatives at any time by written notice to the Contractor. The Contractor shall provide the district Representatives with written report of Work performed for each week, which shall include notification of any problem areas and a schedule for the upcoming month. Further, the Contractor agrees to meet the District Representatives no less than one (1) time per month to inspect the property to discuss conditions, schedules, and items of concern regarding this Agreement. If the District Representatives identify any deficient areas, the District Representatives shall notify the Contractor whether through a written report or otherwise. The Contractor shall then within the time period specified by the District Representatives, or if no time is specified within forty-eight (48) hours, explain in writing what actions shall be taken to remedy the deficiencies. Upon approval by the District, the Contractor shall take such actions as are necessary to address the deficiencies within the time period specified by the District, or if no time is specified by the District, then prior to the date of the next inspection. If the Contractor does not respond or take action within the specified times, and in addition to any rights under Section 18 or otherwise herein, the District shall have the rights to withhold some or all of the Contractor’s payments under this Agreement and to contract with outside sources to perform necessary Work with all charges for such services to be deducted from the Contractor’s compensation. Any oversight by the District Representatives of Contractor’s Work is not intended to mean that the District shall underwrite, guarantee, or ensure that the Work is properly done by the Contractor, and it is the Contractor’s responsibility to perform the Work in accordance with this Agreement. 5. SUBCONTRACTORS. The Contractor shall not award any of the Work to a subcontractor without prior written approval of the District. The Contractor shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained herein shall create contractual relations between any subcontractor and the District. 6. EFFECTIVE DATE. This Agreement shall be binding and effective as of the date that the Agreement is signed by the last of the Parties hereto, and shall remain in effect as set forth in Section 7, unless terminated in accordance with the provisions of this Agreement. 7. COMPENSATION; TERM. a. Work under this Agreement shall begin ____________, 2020 and end ________________, 20__ ("Initial Term"), unless terminated earlier pursuant to the terms of this Agreement. At the end of the Initial Term, this Agreement may be renewed on the same terms up to two times on an annual basis (for a total of three terms), in the District’s sole discretion. b. As compensation for the Work, the District agrees to pay Contractor _______________ ($________) per year, in monthly amounts of ______________ ($_______). Such compensation covers only the items specified in the Contractor’s pricing proposal (“Contract Amount”), attached hereto as EXHIBIT B. For additional work, subject to the provisions of Sections 7.c. and 7.d. below, the District agrees to pay Contractor pursuant to the unit pricing specified in EXHIBIT B. c. Additional Work. Should the District desire that the Contractor provide additional work and/or services relating to the District’s landscaping and irrigation systems, such additional work and/or services shall be fully performed by the Contractor after prior approval of a required Work Authorization, in substantially the form attached at EXHIBIT C, or such other form as may be authorized by the District. The Contractor agrees that the District shall not be liable for the payment of any additional work and/or services unless the District first authorizes the Contractor to perform such additional work and/or services through an authorized and fully executed work authorization. The Contractor shall be compensated for such agreed additional work and/or services based upon a payment amount derived from the prices set forth in the Contractor’s proposal pricing (attached as part of EXHIBIT B). Nothing herein shall be construed to require the District to use the Contractor for any such additional work and/or services, and the District reserves the right to retain a different contractor to perform any additional work and/or services. d. Payments by District. 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. Each monthly invoice shall contain, at a minimum, the District's name, the Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each sufficient for the District to approve each cost, the time frame within which the services were provided, and the address or bank information to which payment is to be remitted. Consistent with Florida’s Prompt Payment Act, Section 218.70 et seq., Florida Statutes, these monthly invoices are due and payable within forty-five (45) days of receipt by the District. e. Payments by Contractor. Subject to the terms herein, Contractor will promptly pay in cash for all costs of labor, materials, services and equipment used in the performance of the Work, and upon the request of the District, Contractor will provide proof of such payment. Contractor agrees that it shall comply with Section 218.735(6), Florida Statutes, requiring payments to subcontractors and suppliers be made within ten (10) days of receipt of payment from the District. Unless prohibited by law, District may at any time make payments due to Contractor directly or by joint check, to any person or entity for obligations incurred by Contractor in connection with the performance of Work, unless Contractor has first delivered written notice to District of a dispute with any such person or entity and has furnished security satisfactory to District insuring against claims therefrom. Any payment so made will be credited against sums due Contractor in the same manner as if such payment had been made directly to Contractor. The provisions of this Section are intended solely for the benefit of District and will not extend to the benefit of any third persons, or obligate District or its sureties in any way to any third party. Subject to the terms of this Section, Contractor will at all times keep the District’s property, and each part thereof, free from any attachment, lien, claim of lien, or other encumbrance arising out of the Work. The District may demand, from time to time in its sole discretion, that Contractor provide a detailed listing of any and all potential lien claimants (at all tiers) involved in the performance of the Work including, with respect to each such potential lien claimant, the name, scope of Work, sums paid to date, sums owed, and sums remaining to be paid. Contractor waives any right to file mechanic’s and construction liens. a. At the Contractor’s sole expense, the Contractor shall maintain throughout the term of this Agreement, at a minimum, the following insurance: i. WORKERS’ COMPENSATION/EMPLOYER’S LIABILITY: Contractor will provide Workers’ Compensation insurance on behalf of all employees who are to provide a service under this Contract, as required under applicable Florida Statutes AND Employer’s Liability with limits of not less than $100,000.00 per employee per accident, $500,000.00 disease aggregate, and $100,000.00 per employee per disease. ii. COMMERCIAL GENERAL LIABILITY: Commercial General Liability including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than $2,000,000.00 per occurrence, and $2,000,000.00 aggregate covering all work performed under this Contract. iii. AUTOMOBILE LIABILITY: Including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $2,000,000.00 combined single limit covering all work performed under this Contract. iv. UMBRELLA LIABILITY: With limits of not less than $2,000,000.00 per occurrence covering all work performed under this Contract. b. Each insurance policy required by this Contract shall: i. Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability. ii. Be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) calendar days’ prior written notice has been given to the District. 8. INSURANCE. iii. Be written to reflect that the aggregate limit will apply on a “per claim” basis. c. The District shall retain the right to review, at any time, coverage, form, and amount of insurance. All insurance certificates, and endorsements, shall be received by the District before the Contractor shall commence or continue work. d. The procuring of required policies of insurance shall not be construed to limit Contractor’s liability or to fulfill the indemnification provisions and requirements of this Agreement. e. The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not the District is an insured under the policy. f. Notices of accidents (occurrences) and notices of claims associated with work being performed under this Contract shall be provided to the Contractor’s insurance company and to the District as soon as practicable after notice to the insured. g. Insurance requirements itemized in this Contract and required of the Contractor shall be provided on behalf of all subcontractors to cover their operations performed under this Contract. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to sub-contractors. h. All policies required by this Agreement, with the exception of Workers’ Compensation, or any other policy for which specific approval is given by the District, are to be written on an “occurrence” basis, and shall name the District and its Supervisors, officers, agents, employees, and representatives as additional insured as their interest may appear under this Agreement. Insurer(s), with the exception of Workers’ Compensation on non-leased employees, shall agree to waive all rights of subrogation against the District and its Supervisors, O\officers, agents, employees or representatives. i. If the Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance. 9. INDEMNIFICATION. To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Agreement or otherwise, Contractor agrees to defend, indemnify, and hold harmless the District and its officers, agents, staff, employees, successors, assigns, members, affiliates, or representatives (together, “Indemnitees”) 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 Work 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. 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. In the event that any indemnification, defense or hold harmless provision of this Contract is determined to be unenforceable, the provision shall be reformed to give the provision the maximum effect allowed by Florida law and for the benefit of the Indemnitees. The Contractor shall ensure that any and all subcontractors, and suppliers, include this express paragraph for the benefit of the Indemnitees. This section shall survive any termination of this Agreement. 10. 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. 11. WARRANTY AND COVENANT. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects. The Contractor hereby warrants any materials and services for a period of one (1) year after acceptance by the District or longer as required under Florida law. With respect to any and all plant material provided pursuant to this Agreement or any separate work authorization issued hereunder, all plant material shall be guaranteed to be in a satisfactory growing condition and to live for a period of one (1) year from planting except for annuals, which will be replaced seasonally if the District so directs. All plants that fail to survive under the guarantee shall be replaced as they fail with the same type and size as originally specified. Contractor further warrants to the District those warranties which Contractor otherwise warrants to others and the duration of such warranties is as provided by Florida law unless longer guarantees or warranties are provided for elsewhere in the Agreement (in which case the longer periods of time shall prevail). Contractor shall replace or repair warranted items to the District’s satisfaction and in the District’s discretion. Neither final acceptance of the services, nor monthly or final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or services. If any of the services or materials are found to be defective, deficient or not in accordance with the Agreement, Contractor shall correct remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Contractor hereby certifies that it has thoroughly inspected the property and will address any present deficiencies with the District at the conclusion of the Initial Audit, as specified in the Scope of Services attached hereto as EXHIBIT A. Contractor shall be responsible for maintaining and warranting all plant material replaced following completion of the Initial Audit. Contractor hereby covenants to the District that it shall perform the services: (i) using its best skill and judgment and in accordance with generally accepted professional standards and (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, permits and approvals (including any permits and approvals relating to water rights), including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform. 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. 12. ENVIRONMENTAL ACTIVITIES. The Contractor agrees to use best management practices, consistent with industry standards, with respect to the storage, handling and use of chemicals (e.g., fertilizers, pesticides, etc.) and fuels. The Contractor shall keep all equipment clean (e.g., chemical sprayers) and properly dispose of waste. Further, the Contractor shall immediately notify the District of any chemical or fuel spills. The Contractor shall be responsible for any environmental cleanup, replacement of any turf or plants harmed from chemical burns, and correcting any other harm resulting from the Work to be performed by Contractor. 13. ACCEPTANCE OF THE SITE; INITIAL AUDIT. By executing this Agreement, the Contractor agrees that the Contractor was able to inspect the site prior to the time of submission of the proposal. Contractor shall have twenty (20) calendar days from the date of commencement as identified in a Notice to Proceed to complete an audit and submit proposals for any additional work necessary to bring the condition of the landscaping or the irrigation system into compliance with presently acceptable standards, as more specifically described in Section 2.14 of the Scope of Services attached hereto as EXHIBIT A (“Initial Audit”). Following the Initial Audit, for (a) any aspect of the landscaping or irrigation system for which the District approved and the contractor completed remedial action, or (b) any aspect of the landscaping or irrigation system not included in the proposals resulting from the Initial Audit, no changes to the compensation set forth in this Agreement shall be made based on any claim that the existing landscaping or irrigation system was not in good condition or otherwise differs materially from conditions ordinarily encountered; and Contractor agrees to be responsible for the care, health, maintenance, and replacement, if necessary, of the landscaping, and, aside from repairs necessary due to ordinary wear and tear, for the condition of the irrigation system. 14. TAX-EXEMPT DIRECT PURCHASES. The parties agree that the District, in its discretion, may elect to undertake a direct purchase of any or all materials used for the landscaping services, including but not limited to the direct purchase of fertilizer. In such event, the following conditions shall apply: (a) The District may elect to purchase any or all materials directly from a supplier identified by Contractor. (b) Contractor shall furnish detailed Purchase Order Requisition Forms (“Requisition(s)”) for all materials to be directly purchased by the District. (c) Upon receipt of a Requisition, the District shall review the Requisition and, if approved, issue its own purchase order directly to the supplier, with delivery to be made to the District on an F.O.B. job site basis. (d) The purchase order issued by the District shall include the District’s consumer certificate of exemption number issued for Florida sales and use tax purposes. (e) Contractor will have contractual obligations to inspect, accept delivery of, and store the materials pending use of the materials as part of the landscaping services. The contractor’s possession of the materials will constitute a bailment. The contractor, as bailee, will have the duty to safeguard, store and protect the materials while in its possession until returned to the District through use of the materials. (f) After verifying that delivery is in accordance with the purchase order, Contractor will submit a list indicating acceptance of goods from suppliers and concurrence with the District’s issuance of payment to the supplier. District will process the invoices and issue payment directly to the supplier. (g) The District may purchase and maintain insurance sufficient to cover materials purchased directly by the District. (h) All payments for direct purchase materials made by the District, together with any state or local tax savings, shall be deducted from the compensation provided for in this Agreement. 15. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall keep, observe, and perform all requirements of applicable local, State and Federal laws, rules, regulations, ordinances, permits (including but not limited to water use permits or regulations), licenses, or other requirements or approvals. Further, the Contractor shall 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 act or omission of the Contractor or any of its agents, servants, employees, or material men, or appliances, or any other requirements applicable to provision of services. Additionally, the Contractor shall promptly comply with any requirement of such governmental entity after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation. 16. 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 for breach of this Agreement, which may include, but not be limited to, the right of damages, injunctive relief, 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. 17. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same. 18. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement. 19. TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing ninety (90) 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, notwithstanding any other provision of this Agreement, and regardless of whether any of the procedural steps set forth in Section 4 of this Agreement are taken, the District may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Any termination by the District shall not result in liability to the District for consequential damages, lost profits, or any other damages or liability. However, upon any termination of this Agreement by the District, and as Contractor’s sole remedy, the Contractor shall be entitled to payment for all Work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or offsets the District may have against the Contractor. 20. PERMITS AND LICENSES. All permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor. 21. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other, which approval shall not be unreasonably withheld. Any purported assignment of this Agreement without such prior written approval shall be void. 22. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent Contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement. 23. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement. 24. AGREEMENT. This instrument, together with its attachments which are hereby incorporated herein, shall constitute the final and complete expression of this Agreement between the District and Contractor relating to the subject matter of this Agreement. 25. ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees, paralegal fees and costs for trial, mediation, or appellate proceedings. 26. 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. 27. 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. 28. NOTICES. Any notice, demand, request or communication required or permitted hereunder (“Notice”) shall be in writing and sent by hand delivery, United States certified mail, or by recognized overnight delivery service, addressed as follows: A. If to the District: Capital Region Community Development District c/o Governmental Management Services, LLC 475 West Town Place, Suite 114 World Golf Village St. Augustine, Florida 32092 Attn: Jim Oliver With a copy to: Hopping Green & Sams, PA 119 South Monroe Street, Suite 300 Tallahassee, Florida 32301 Attn: Sarah R. Sandy B. If to Contractor: _________________________ _________________________ _________________________ Attn:_____________________ Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days’ written notice to the parties and addressees set forth herein. 29. THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns. 30. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue for any legal actions regarding this Agreement shall be Leon County, Florida. 31. PUBLIC RECORDS. The 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 Jim Oliver (“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. 32. 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. 33. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm’s length transaction. The District and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party. 34. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument. [THIS SPACE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the Parties execute this Agreement as set forth below. ATTEST: CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT ___________________________ ______________________________ By: ________________________ By:___________________________ . Secretary . Chairperson . Assistant Secretary . Vice Chairperson Date: _________________________ ATTEST: ______________________________ ______________________________ ______________________________ By: __________________________ By: ___________________________ Its: ___________________________ Its: ___________________________ Date: _________________________ Exhibit A: Scope of Services Exhibit B: Proposal Pricing Exhibit C: Other Forms Exhibit D: Maintenance Map EXHIBIT “A” SCOPE OF SERVICES EXHIBIT “B” PROPOSAL PRICING COMPOSITE EXHIBIT “C” FORMS CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT DAILY WORK JOURNAL (this form, or a similar form, must be filled out at the end of each daily visit and turned in to the District Representative) DATE: DESCRIPTION OF WORK PERFORMED TODAY: LOCATIONS: ISSUES REQUIRING ATTENTION: (Please notify District Rep. if any) CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT PEST MANAGEMENT REPORT DATE: SYMPTOMS: LOCATION: PROBABLE CAUSE OF DAMAGE: ESTIMATED MATERIALS REQUIRED FOR TREATMENT: CERTIFIED PESTICIDE APPLICATOR’S NAME: REPRESENTATIVE NAME: ______ THE INVOICE FOR THIS WORK MUST MATCH THE DESCRIPTION OF THIS SERVICE REQUEST CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT IRRIGATION REPAIR REQUEST FORM DATE: DAMAGE: __________ __________ __________ __________ LOCATION: __________ __________ __________ PROBABLE CAUSE OF DAMAGE: __________ __________ __________ __________ ESTIMATED COST OF MATERIALS & LABOR REQUIRED FOR TREATMENT: ________ __________ __________ __________ IRRIGATION TECHNICIAN’S NAME: ______________________ REPRESENTATIVE NAME: ________________ THE INVOICE FOR THIS WORK MUST MATCH THE DESCRIPTION OF THIS SERVICE REQUEST LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT WORK AUTHORIZATION NO. __ THIS WORK AUTHORIZATION (“Work Authorization”) is presented according to the requirements of that certain Landscape & Irrigation Maintenance Services Agreement (“Agreement”), and is made and entered into this ____ day of__________________, 20__, by and between: CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT, a local unit of specialpurpose government established pursuant to Chapter 190, Florida Statutes, being situated in Leon County, Florida, and having offices at c/o _____________________________ (“District”); and _____________, a _________, with an address of ________________ (“Contractor”). SECTION 1. SCOPE OF SERVICES. In addition to the Services described in the Agreement, any exhibits and amendments thereto, and any work authorizations authorized pursuant thereto, the Contractor shall provide the services set forth on the proposal attached hereto as Exhibit A and incorporated herein by reference (“Services”). The Agreement and this Work Authorization shall be controlling over any conflict between either document and the provisions of Exhibit A. SECTION 2. COMPENSATION. Payment of compensation for the Services under this Work Authorization shall be based upon the Agreement and as set forth in Exhibit A. SECTION 3. ACCEPTANCE. Acceptance of this Work Authorization will authorize the Contractor to complete the Services as specified in Exhibit A, and is indicated by the signature of the authorized representative of the District and the Contractor in the spaces provided below. Contractor shall perform the Services in accordance with the terms and conditions of the Agreement, which, except to the extent expressly altered or changed in this Work Authorization, remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Work Authorization to be executed the day and year first above written. Attest: CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT _______________________________ _____________________________________ Assistant Secretary/Secretary By:__________________________________ Its: Chairman, Board of Supervisors _______________________________ Print Name [CONTRACTOR] _______________________________ _____________________________________ Witness By: __________________________________ Its: __________________________________ Attachment A: Proposal EXHIBIT “D” MAINTENANCE MAPS/PLANS