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Agenda 07/17/2019 Board of Supervisors Mary Beth Schewitz,Chair Justin Faircloth,District Manager Luanne Kerins,Vice Chair Greg Urbancic,Esq.,District Counsel Maureen McFarland,Treasurer/Asst.Secretary MARCO • S Dawn Aitkenhead,Assistant Secretary EA i .lv [`s -O Corrie Grado,Assistant Secretary Community Development District Revised Meeting Agenda Wednesday,July 17,2019 at 8:30 a.m. Note: Requests to address the Board on all subjects, which are not on today's agenda, will be accommodated under"Audience Comments". All public comments are limited to a maximum of three(3)minutes per attendee in order to facilitate orderly and efficient District business. 1. Roll Call 2. Approval of Agenda 3. Fiscal Year 2020 Budget Public Hearing A. Open the Public Hearing for Public Comment B. Close the Public Hearing for Public Comment C. FY2020 Budget D. Supervisor Schewitz FY 2020 Budget Options Document E. Consideration of Resolution 2019-9,Adopting the Budget for Fiscal Year 2020 F. Consideration of Resolution 2019-10,Levying Non-Ad Valorem Assessments 4. Public Comments on Agenda Items 5. Old Business A. Streetlight Project Discussion B. Annual Landscape Contract C. Ground Lease Agreement D. Key Marco CDD/Inframark Contract Discussion E. Guardhouse Painting 6. New Business A. Cyclists/Road Safety B. District Engineer Draft RFQ C. Securitas Wage Increase Request D. Lake Maintenance Discussion i. Aquagenix Communications(4/10/19&6/6/19) ii. Lake&Wetland Management Proposals District Office Meeting Location 210 N.University Drive,Suite 702 Key Marco Community Center Coral Springs,Florida 33071 505 Whiskey Creek Drive Marco Island,FL.34145 Board of Supervisors Mary Beth Schewitz,Chair Justin Faircloth,District Manager Luanne Kerins,Vice Chair (. Greg Urbancic,Esq.,District Counsel Maureen McFarland,Treasurer/Asst.Secretaryw, Dawn Aitkenhead,Assistant Secretary KEY AR . i) Corrie Grado,Assistant Secretary Community Dcveloprrnent District E. Russowatch Communication 6/25/19 F. Holiday Lighting Discussion 7. Attorney's Report A. Updated Draft Rules of Procedure 8. Manager's Report A. Approval of the Minutes of the June 19, 2019 Meeting B. Acceptance of the Financials C. Fiscal Year 2020 Meeting Schedule D. Follow-Up Items i. Travelers Insurance Communication 6/17/19 ii. Document Turnover Update 9. Supervisors' Requests and Comments 10. Audience Comments 11. Adjournment *Next regular meeting scheduled for August 21, 2019 District Office Meeting Location 210 N.University Drive,Suite 702 Key Marco Community Center Coral Springs,Florida 33071 505 Whiskey Creek Drive Marco Island,FL.34145 dik apIi B situ ' nus FART OFTHE USA TODAY NETWORK Published Daily Naples,FL 34110 KEY MARCO COMMUNITY DEV.DISTR INFR 505 WHISKEY CREEK DRIVE MARCO ISLAND,FL 34145 Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared Vlcky Felty who on oath says that she serves as Legal Clerk of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: distributed in Collier and Lee counties of Florida; that the attached copy of the advertising was published in said newspaper on dates listed. Alfianl further says that the said Naples Daily News is a newspaper published at Naples, In said Colter County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mall matter at the post office In Naples, in said Cotlier County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Jupe 26,2019,July J,2019 Subscribed 4r sworn to before on July 3 2019. ha.n.,cad.r),--.4.". Notary,State of WI.County of Brown 'ARA MONDLOC'II Notary Public State of Wisconsin My commission expires August 6.2021 Publication Cost:$787.50 Ad No-0003604164 Customer No.1305878 PO 5. Key Marco Community Dovel- omen!0101001 NOTICE OF REGULAR BOARD MEETING AND NOTICE OF PUBLIC HEARING TO RECEIVI PUBLIC COMMENT ON THE FISCALYEAR 2020 PROPOSEI FINAL BUDGET: NOTICE OF PUBLIC HEARING TO CONSID- ERTHE IMPOSITION OF MAIN- TENANCE AND OPERATION S PEC IALASSE SSMENTSpDOP- TION OF AN ASSESSMEN ROLL,AND PROVIDING FOP THE LEVY;COLLECTION AND ENFORCEMENT OF THE SAME The Board of Supervisors of Key Marco Community Dever opment Distdet will hold a public hearing snWednesday, July Oar meeting on W Y. Jut Y 17, 2019 al 8t30 a.m. at the Key Marco Community Center, 505 Whiskey Creek Dove, Marco Island, Florida 34145. The purpose of the public hearings is to receive public comment and objections on the Fiscal Year 2020 Proposed Final Budget, to consider the adoption of en assessment roll, the imposition of special assessments to turd the pro- lused budget upon the !ands ocated within the District, and l0 provide tor the levy, collection and enforcement of the non-ad vabrem assess menta. The public hoarngs are being conducted pursuant to Chapters 190 and 197,Floe ida Statutes, The purpose of the regular meeting is to con- duct any business winch may properly come before the Board The District may also fund ear Mug facilities through the col- lection of certain rates, fees and charges,which are identi- lied within the budget. A copy of the Proposed Final Budget, preliminary assess meet roll and/or ate agenda for the hearings/meeting. may be obtained at the ulll'•ces of the District Management Company, Intramark, 5911 Country Lakes Drive, Ft. Myers, Ronda 33905. ph: (239)245 7118 during normal business hours, In accordance with Secllon 189.016, Florida Statutes,the proposed budget will be posted on the District's website hltp•J(www.keymarco cdd.con t at least two days be. lore the budget public hear- ings. The Board will also consider any other business,which may properly come before It. The hearings/meeting are open to the public and will he con- ducted in accordance with lee provisions 01 Florida law Mr community development dis Wets. The hearings/meeting may be continued to a dale time, and place to be speci lied on the record at the hearingsrmeeling. There may be occasions when one or more Supervisors will participate by telephone. In acCordence with the provi. Bions of the Americans with Disabilities Act.any person re, geeing special arrnmmode lions at the hearings/meeting because of a disability or physical impairment should contact the District Manage went Company. Inhamark at 1954) 603 0033. If you are hearing or speech impaired. lease contact the Rorda Re- lay Service at 711 lot aid in rentrr•rinn the eider, noir/. at least two (2)days poor to the date of the hearings and meeting. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the hearingshneeting is advised that person wig need a record of the proceedings and that accordingly, the person may need to ensure that a verba- tm record of the proceedings is made, including the testi- many and evidence upon which such appeal is to be based. Justin Faircloth Dstricl Manager Publish:June 26,2019,July 3. 2019 Agenda Page#9 KEY MARCO Community Development District Annual Operating Budget Fiscal Year 2020 Version 1 -Approved Tentative Budget (Approved 04/17/19) Prepared by: y` I N FRAMARK 1*I,R�5iRVCTVF.L h'�,iALE`.'LNT 5[RyIGLS KEY IVARC0 Agenda Page#10 Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues. Expenditures and Changes in Fund Balances 1 -2 Budget Narrative 3-4 Exhibit A-Allocation of Fund Balances 5 SUPPORTING BUDGET SCHEDULES 2019-2020 Non-Ad Valorem Assessment Summary 6 Agenda Page#11 Key IVLaroa Community Development District Operating Budget Fiscal Year 2020 KEY MARCO Agenda Page#12 Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Approved Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020 REVENUES Interest-Investments Income $ 3,244 $ 8,336 $ 14,896 $ 8,000 $ 7,152 $ 10,013 $ 17,165 $ 15,000 Hurricane Irma FEMA Refund - - - - 20,834 - 20,834 Interest-Tax Collector Investments - - 40 - 226 45 271 200 Non-Ad Valorem Assessments 623,464 586,260 629,800 629,800 540,500 89,300 629,800 829,800 Non-Ad Valorem Assessments Discounts - - (18,377) (25,192) (20,727) - (20,727) (25,192) Revenue Carry Forward - - 466 - - - - - Hurricane Irma Insurance Claim Payout - - - - - - - - Insurance Reimbursements - - 70,024 - - - - - User Facility Revenue - - - - 2,038 2,853 4,891 4,000 Miscellaneous Revenues 5,129 288 - - - - - - TOTAL REVENUES 631,838 594,884 696,849 612,608 550,023 102,211 662,234 623,806 1 EXPENDITURES Administrative Board of Supervisor Fees 5,015 4.800 7,200 9,600 2,400 7,200 9,800 4,800 FICA Taxes 31 - 414 734 184 551 735 367 ProfServ-Mgmt Consulting Service 54,080 31,283 76,750 72,000 31,000 41,000 72,000 72,000 Field Mgmnt Svcs I Contractual Svcs 44,887 57,398 - - - - - - Transcript Cost 1,180 1,710 1,735 2,400 635 889 1,524 2,400 Auditing Services 4,850 4,875 4,925 5,000 - 5,000 5,000 6,000 Accounting Services 15,000 10,450 13,163 14,150 5,896 8,254 14,150 14,150 ProfServ-SpecialAssessment 1,000 1,000 1,000 1,000 1,000 - 1,000 1,000 ProfServ-Property Appraiser 9,648 9,648 9,045 9,447 567 8,880 9,447 9,447 ProfServ-Tax Collector 12,469 11,725 7,249 12,596 10,395 2,201 12,596 12,596 ProfServ-Legal Services 18,420 40,754 29,023 25,000 12,631 17,683 30,314 25,000 ProfServ-Engineering - 12,500 7,500 5,000 - 5,000 5,000 5,000 Postage 289 433 287 150 72 101 173 175 Rentals&Leases(Robert Flinn) - 676 300 300 226 316 542 300 Computer Support 811 1,149 993 600 250 350 600 600 Printing&Binding 627 - - - - - - - Insurance-General Liability 33,272 27,230 27,845 29,926 28,788 - 26,788 29,926 Legal Advertising 2,584 4,421 2,958 4,000 1,743 2,257 4,000 4,000 Office Supplies 519 490 476 500 110 154 264 300 Dues,Licenses,Subscriptions 200 175 265 275 175 100 275 275 Miscellaneous Expense I Bank Charges 799 660 949 750 311 435 746 700 Total Administrative 205,682 221,377 192,077 193,428 94,383 100,372 194,755 188,036 Maintenance and Landscaping Contractual Services 131,903 139,105 142,898 140,000 58,988 82,583 141,511 140,808 Insurance Workers Comp - 150 - - - - - Electric Services - 877 - - - - - - Chemicals - 2,372 - - - - • - R&M-Trees and Trimming 47,320 7,880 32,330 15,000 2,258 3,161 5,419 7,500 R&M-Pressure Washing - - - 3,165 4,431 7,596 7,500 Plant Replacement Program 8,667 10,899 26,078 10,000 8,966 1,034 10,000 10,000 Exotic Maintenance 599 - 116 13,000 12,232 768 13,000 13,000 Flower Program - 2,817 1,863 5,000 2,415 2,585 5,000 6,000 Mulch Program 11,032 1,260 11,848 9,000 9,484 0 9,484 9,000 Misc-FEMA Expense - - 150,911 5,000 - 5,000 - Total Maintenance and Landscaping 199,520 165,159 366,044 192,000 102,508 94,562 197,070 192,808 Irrigation Services Contractual Services - 9,770 1,934 6,100 624 874 1,498 1,498 Uttlty-Water 14,959 18,263 22,921 15,000 18,131 25,383 43,514 40,000 Land Lease 28,083 30,636 30,636 31,000 12,765 17,871 30,636 - Uttilies-Electric 5,470 4,377 6,219 5,000 2,990 4,186 7,176 7,000 Repairs&Maintenance 14,841 12,349 25,811 20,000 10,339 14,475 24,814 25,000 Total Irrigation Services 63,353 75,395 87,521 77,100 44,849 62,789 107,638 73,498 Annual Operating Budget Page 1 Fiscal Year 2020 KEY MARCO Agenda Page#13 Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Approved Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020 Capital Expenditures 8 Projects Street Light Project - - 5,000 - - - - - BridgeRepair - - 15,124 - - - - - Cap Outlay-Roads - 1,865 28,950 50,000 5,375 - 5,375 46,946 Total Capital Expenditures 8 Projects 1,865 49,074 60,000 5,375 - 5,375 46,946 Lighting Capital outlay/LED Lighting - 14,060 - - - - - - Utilities-Electric 15,252 17,562 24,187 24,000 2,478 3,469 5,947 7,500 R&M General 19,881 4,596 6,547 6,000 3,649 5,109 8,758 6,000 MIsc-Hollday Lighting 4,485 1,345 3,588 3,000 250 2,750 3,000 3,000 Total Lighting 39,618 37,563 34,322 33,000 6,377 11,328 17,705 16,600 Access Control Contractual Services 77,624 83,448 83,057 86,520 35,837 50,683 86,520 86,520 Utilities-Electric 4,414 6,117 8,360 10,000 2,637 3,692 6,329 7,500 R&M Gate 4,456 6,809 6,785 3,580 2,448 3,427 5,875 5,000 R&M Gatehouse 20,438 10,350 13,722 5,000 1,210 3,790 5,000 5,000 OpSupplies-General - 129 796 250 1,134 1.588 2,722 2,000 Capital Outlay - - 10,000 - - - - - Total Access Control 106,931 106,853 122,720 105,350 43,266 63,180 106,446 106,020 Maintenance:Landscape Hardscape Capital Outlay - - 46,300 - - - - - Total Maintenance:Landscape/Hardscape - - 46,300 - - - - - Roadway Services Repairs&Maintenance - 4,812 - - - - - - Total Roadway Services - 4,812 - - - - - TOTAL EXPENDITURES 615,105 608,212 902,870 850,878 296,758 332,230 628,988 623,808 Hurricane Irma Expenses Misc-FEMA Expenses - 41,052 - - - - - Total Hurricane Irma Expenses - 41,052 - - - - - TOTAL EXPENDITURES 615,105 649,264 902,870 650,878 296,758 332,230 628,988 623,808 Excess(deficiency)of revenues Over(under)expenditures 16,733 (54,380) (206,021) (38,270) 253,265 (230,019) 23,248 0 Net change in fund balance 16,733 (50,530) (206,021) (38,270) 253,265 (230,019) 23,246 0 FUND BALANCE,BEGINNING 844,120 860,853 810,321 604,300 604,300 - 604,300 627,546 FUND BALANCE,ENDING $ 860,853 $ 810,321 $ 604,300 $ 588,030 $ 857,565 $ (230,019) $ 627,546 $ 627,546 Annual Operating Budget Page 2 Fiscal Year 2020 Agenda Page#14 Key PJ -co Community Development District General Fund Budget Narrative Fiscal Year 2020 Revenue Interest—Investments The District earns interest on the monthly average collected balance on their Operating Account. Special Assessment—Tax Collector The District will levy a Non-Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessment-Discounts Per Section 197.162, Florida Statutes, discounts are allowed for early payment of CDD assessments. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. Expenditures Expenditures—Administrative PIR Board of Supervisors Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for a meeting attendance and to receive $200 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all supervisors attending each of the six scheduled meetings. FICA Taxes Payroll taxes for supervisor salaries are calculated as 7.65%of payroll. Professional Services-Management Consulting Service The District receives monthly Management services from the Key Marco Community Association at$6,000 monthly. Transcript Cost The District receives Transcription services from Pam Arsenault for meeting and landowner minutes. Auditing Services The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm,currently, Grau&Associates. Accounting Services The District receives accounting and vendor services from Inframark Infrastructure Management Services. Professional Services-Special Assessment Administrative costs for preparation of the District's assessment roll are prepared by AJC Associates, Inc.The annual fee for fiscal year 2018 —2019 was$1,000. Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. Per the Florida Statutes,administrative costs shall include,but not be limited to,those costs associated with personnel,forms,supplies,data processing,computer equipment,postage,and programming. Annual Operating Budget Fiscal Year 2020 Page 3 Agenda Page#15 Key Marco Community Development District General Fund Budget Narrative Fiscal Year 2020 Expenditures—Administrative(continued) Professional Services-Legal Services The Districts legal counsel Coleman,Yovanovich&Koester,P.A.will be providing general legal services to the District,i.e.review operating and maintenance contracts,email correspondences etc.Fees are based on prior year legal expenses. Professional Services-Engineering The District's engineer Fishking &Associates will be providing general engineering services to the District, i.e. road consulting and other related services. Innsurance-General Liability The District's General Liability,Commercial Propery&Public Officials Liability Insurance policy is with Public Risk Insurance Agency.The Public Risk Insurance Agency provides insurance coverage to governmental agencies. Office Supplies Miscellaneous office supplies required to prepare agenda packages. Annual District Filing Fee The District is required to pay a$175 annual fee to the Department of Economic Opportunity Division of Community Development. Expenditures—Maintenance and Landscaping Contractual Services Crawford Landscaping is the District's vendor for monthly landscaping services currently at$11,734 monthly. R&M—Trees&Trimming Crawford Landscaping is the District's vendor for Tree removal,pruning etc. R&M—Pressure Watching OZ Pressure Cleaning is the District's vendor for pressure cleaning of the Guard House,pavers,sidewalks etc. Expenditures—Irrigation Services Contractual Services Aquagenix is the District's vendor for monthly Aquatics Service currently at$125 monthly. R&M—General This expense represents miscellaneous expenses that may arise during the year relating to the normal operations and maintenance of the District. Examples include any repairs or expenses related to the irrigation system, perimeter wall, landscaping on CDD property and other unforeseen maintenance needs. Access Control Contractual Services Securitas Security Services USA,Inc is the district's vendor for Guard Services and their current fee is$6,822 monthly.Also included are year-end bonuses. Annual Operating Budget Fiscal Year 2020 Page 4 Agenda Page#16 KEY I I RC0 Community Development District General Fund Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2020 $ 627,546 Net Change in Fund Balance-Fiscal Year 2020 0 Reserves-Fiscal Year 2020 Additions - Total Funds Available(Estimated)-9/30/2020 627,546 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 155,952 Subtotal 155,952 Total Allocation of Available Funds 155,952 Total Unassigned(undesignated)Cash $ 471,594 Annual Operating Budget Page 5 Fiscal Year 2020 Agenda Page#17 Key IVbnc Community Development District Supporting Budget Schedules Fiscal Year 2020 KEY MARCO Agenda Page#18 Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2020 vs. Fiscal Year 2019 General Fund 001 Total FY 2020 FY 2019 Percent Units Change $4,700.00 $4,700.00 0.0% 134 Annual Operating Budget Fiscal Year 2020 Page 6 Agenda Page#20 2020 K/N CDD Budget Options Before approving the 2020 fiscal year budget for the CDD, the supervisors should consider how best to provide certain services and contain costs• Specifically we should consider the ramifications of 1• Approving the 2020 fiscal year budget as planned- 2. Reducing the 2020 fiscal year budget and entering into a management agreement with the NOR for specific tasks. NOR would increase their budget by the same amount and we decrease the CDD's• Discussion: Approving budget as planned- NOTE: The below discussion is centered strictly around the provision of on-site management and does not anticipate a change in the Inframark contract for provision of services as described in the May, 2079 contract, including the 8 on-site hours. The 2020 budget allocates $72,000 For management• The CDD's contract with Inframark For management is $75,000, including 8 hours in two on-site sessions per month• The difference between these figures is $57,000• This would be the most the CDD could spend for additional management services while staying on budget• Relatively speaking, $57,000 buys cf56 hours From InFramark, or about another 9 hours per week• That same amount gets about 7,000 hours of the NOR DM, more than double what we could get at Inframark• Since the NOR's DM is on site all week long, she could use her allocated CDD time flexibly as needed- The supervisors could assume additional on-site services are not required and the CDD will save $57,000 in the 2020 budget• The $57,000 could be spent as needed to address on-site management, assuming costs will not exceed that amount• This ad hoc management could also result in higher-than-anticipated water bills, gaps in services, and haphazard application of rules• Agenda Page#21 There's a need to balance fiscal responsibility For the CDD while expediting overall management of island chores that benefit all residents. OR, The supervisors could assume a higher level of on-site management is required. Concerns of insufficient on-site management hours have been raised by many, including lnframark• Although the CDD's goal is to have no more than 6 meetings per year (the amount allocated in the lnframark contract), the past two years have had & meetings and many of them lengthy• The irrigation management has been cited by lnframark as requiring more on-site hours than anticipated• Please see attached list of on-site management services- We need to decide if we value these services and how best to obtain them in a cost-effective, seamless manner. • We could ask both lnframark and the NOR to respond with budgets and logistics to accomplish these tasks• • We could make assumptions based on pricing elements in each of their proposals, time historically allocated to these tasks and other logistical issues- The NOR's unit cost For labor is half of Inframark's, the NOR District Manager is already on-site and familiar with the tasks, so the CDD could achieve a seamless transition at a lower cost For the same tasks- Further, the NOR DM can use a flexible schedule to provide as-needed services within each day, effectively giving the CDD the benefit of a Full-time staff at a part-time salary. With CDD supervisor approval, the CDD chairman could enter into an agreement with the NOR to provide these services at a cost not to exceed the budgeted amount For the remainder of 2079 fiscal year, or a different amount. Since the administrative burden of preparing supervisor packets, providing legally required notice of meetings, attending and providing minutes of CD meetings and obtaining competitive bids For needed services are included in the lnframark contract, the CDD could reasonably expect a lower number of needed hours than provided previously by the NOA's DM. The Lo- be-agreed-upon management fee would be divided into monthly payments, with a 30- day termination notice, as per last contract• The 2020 budget could continue to reflect a management payment to the NOR For these on-site management services, or Agenda Page#22 could envision a transfer of management services, resulting in a decrease in the 2020 CDD budget and assessment• In either case (Contract with Inframark for added services or Contract with HOA for same services), the budget would be approved as is with no change in owner assessments- Discussion: Transfer specific management tasks to the NOR, reduce the CDD 2020 budget with the expectation that the NOR would increase their budgeted assessment to accommodate the provision of services to the CDD• What's involved: • Identify which CDD services would best be managed by the NOR • Identify corresponding budget line items • Enter into a Formal agreement with the HOA for providing these services, incurring legal costs for preparation of agreement• • Anticipate a date of transfer of services• Benefits: • NOR has skill set needed for many CDD tasks• • Disputes and legal agreements on access/easements could be suspended • CDD costs are likely fixed and known• See Risks for cautions• • CDD could reduce supervisor management time and have fewer meetings • CDD could test/get a sense of owner response to reduced CDD non-ad valorem tax payments/increased NOR payments prior to dissolution of CDD• Risks: • HOR could prove unable to handle increased management load • NOR could have insufficient funds to handle assigned tasks, due to unanticipated increased costs or lower than expected inflows from owners• • CDD is ultimately be responsible For deliverance of tasks• If HOA fails to deliver and the CDD has lowered its assessment, the CDD would have to spend reserves to provide services• • NOR could deliver unsatisfactory management• Agenda Page#23 Sue/get line-item considerations Administration: Budget $788,036 Many of the line items in the administrative budget cannot be assumed by contractual relationship to the 1-IOA, however one large component of the budget, $72,000 for management consulting services, could be reconfigured with a subset of tasks delegated to the NOR DM, while other services remain with Inframark• A possible resolution the board could consider is transferring on-site management of specific tasks to the NOR DM for a fixed amount- Irrigation management: Budget $73,'f98 Irrigation is especially time consuming, requiring substantial on-site hours• Mismanagement can lead to higher-than-expected water bills from Collier County• lnframark has expressed concerns about the time required and the irrigation system is complex. NOR supervisors are conversant with the specifics of the Hoover system, salinity standards required by island vegetation, and the timeliness of reducing use of Collier Co water during highly localized rain• Landscape Management: Budget $792,800 This is another time-consuming task that composes a major share of our budget. Crawford Landscaping has required intensive supervision, and getting distinct 1-10A/CDD contracts has been tricky as more and more distinct areas are identified, yet not contracted separately. Regardless of which governing board supervises this task, the budgets/contracts need to reflect the maintenance of only CDD properties• Another serous consideration is FEMA's failure in other communities to pay claims when landscaping is managed by others• Transfer of management to the HOA after clarification of contracts could ensure the CDD is not inadvertently using public funds for NOR or private property• Transferring after hurricane season could mitigate the FEMA risks for this year. Access Control: Budget $706,020 Agenda Page#24 Many issues have arisen secondary to access control including: • Supervision of gate house staff,• unexpected absence of same • Managing interactions between gatehouse staff and the public • Management and troubleshooting of access equipment, including Square payment processing • Gatehouse decorating choices • Gatehouse landscape management • Conflict between NOR authorization and CDD lack of authorization For remote access by past CDD District Manager • Pending issues include possible revocation of access to bicyclists cited For documented failure to Follow stated rules; penalties For cited infractions by contractors For documented parking violations• • Possible FEMA denial of claims For damage to landscaping/buildings when under management by another authority- Capital Expenditures and Projects: Budget $46,946 The CDD remains responsible For all capital expenditures• The 2020 budget line item is only For Capital Outlay—Roads, $46,946- There is $7,500 budgeted for LED lighting in the 2020 budget under lighting; see discussion of lighting below- Lighting: Budget $76,500 The budget is primarily For LED replacement in street lights ($7,500), but also includes $6,000 for electric bills and $3,000 For holiday lighting Street light repair/replacement and management is in flux with multiple options to be considered including removal of some street lamps, separate circuits For some areas, possible addition of solar lighting, separation of bills between CDD and 1-/OR and replacement of defective lights• Costs have been wide-ranging and thus are estimated at $7,500 in the 2020 budget• Sadly, the person most conversant with these details is unable to continue leading this discussion• Agenda Page#25 The FEMA cautions noted above also apply to street lights. The CDD board needs to become conversant with the details of these issues/options. Roadway Services: Budget $0 Possible configurations for a CDD/HOA agreement for service and management provision: Option 1: Contract with NOR For on-site management only $36,000 On-Site management of irrigation, access control, landscaping, and lighting• Also includes coordination of services with lnframark on bidding, emergency services, and bill division• Approx 7'1 hours per week. Total NOR/CDD contract $36,000 or $269 per lot For 2020 budget 2079 Proration For June-Sept: %72,000• Option 2: Contract with NOR for on-site management ($36,000) and irrigation services ($73,4196) to start immediately• Total NOR/CDD Contract $109,496 or $817 per lot For 2020• 2079 proration: $36,''99• This assumes CDD pays For these services For the remainder of fiscal year 2079 in a fixed price contract For the months of June-Sept (4' months) at $36,'99 (based on monthly proration of annual contract)• Option 3: All of option 2, plus a December 1 start of management of all landscape and access control- These Fees would better be identified by task since some are seasonal while others are routine; in addition, the contracts need to be revised to reflect CDD/NOA property separation• Since that information isn't available, the alternate budgeting is to assume the even distribution of monthly Fees and prorate for months NOR would manage• 72/7/19- 9/30/20 = 70 months. Landscape budget of$192,808 and Access Control budget of$106,020 = $298,828/12 = $241,902 per month x 70 months = $2419,023• Agenda Page#26 Total HOA/CDD agreement = $709,4'96 + $2''9,023 = $358,579 or $2,676 per lot Option: 2020 assessment would change to the below Prom the planned $4,700 Option 7 $4,437 Option 2 $3,883 Option 3 $2,024 There are undoubtedly other options that we can discuss in person at the meeting since the sunshine laws prevent and prior discussion between supervisors• Agenda Page#28 RESOLUTION 2019-09 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT RELATING TO THE ANNUAL APPROPRIATIONS OF THE DISTRICT AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020, AND REFERENCING THE MAINTENANCE AND BENEFIT SPECIAL ASSESSMENTS TO BE LEVIED BY TIIE DISTRICT FOR SAID FISCAL YEAR; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the District Manager has,prior to the fifteenth(15th)day in June,2019,submitted to the Board of Supervisors(the"Board")a proposed budget for the next ensuing budget year along with an explanatory and complete financial plan for each fund of the Kcy Marco Community Development District (the"District"),pursuant to the provisions of Section 190.008(2)(a),Florida Statutes;and WHEREAS, at least sixty(60)days prior to the adoption of the proposed annual budget and any proposed long-term financial plan or program of the District for future operations(the"Pronosed Budget") the District filed a copy of the Proposed Budget with the general purpose local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes;and WHEREAS, District further posted the Proposed Budget on its website as required pursuant to Section 189.016,Florida Statutes;and WHEREAS, the Board set July 17, 2019, as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a),Florida Statutes; and WHEREAS,Section 190.008(2)(a),Florida Statutes requires that,prior to October 1 of each year, the Board by passage of the Annual Appropriation Resolution shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year;and WHEREAS,the District Manager has prepared a Proposed Budget on a Cash Flow Budget basis, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year;and WHEREAS,Section 190.021,Florida Statutes provides that the Annual Appropriation Resolution shall also fix the Maintenance Special Assessments and Benefit Special Assessments upon each piece of property within the boundaries of the District benefited, specifically and peculiarly, by the maintenance and/or capital improvement programs of the District, such levy representing the amount of District assessments necessary to provide for payment during the ensuing budget year of all properly authorized expenditures to be incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds, in order for the District to exercise its various general and special powers to implement its single and specialized infrastructure provision purpose;and 1 Agenda Page#29 WHEREAS, the Board finds and determines that the non-ad valorem special assessments it imposes and levies by this Resolution for maintenance on the parcels of property involved will constitute a mechanism by which the property owners lawfully and validly will reimburse the District for those certain special and peculiar benefits the District has determined are received by,and flow to,the parcels of property from the systems, facilities and services being provided, and that the special and peculiar benefits are apportioned in a manner that is fair and reasonable in accordance with applicable assessment methodology and related case law;and WHEREAS,the Chair of the Board may designate the District Manager or other person to certify the non-ad valorem assessment roll to the Tax Collector in and for Collier County political subdivision on compatible electronic medium tied to the property identification number no later than September 15,2019 so that the Tax Collector may merge that roll with others into the collection roll from which the November tax notice is to be printed and mailed;and WHEREAS, the proceeds from the collections of these imposed and levied non-ad valorem assessments shall be paid to the District;and WHEREAS,the Tax Collector,under the direct supervision of the Florida Department of Revenue performs the state work in preparing,mailing out,collecting and enforcing against delinquency the non-ad valorem assessments of the District using the Uniform Collection Methodology for non-ad valorem assessments;and WHEREAS, if the Property Appraiser and the Tax Collector have adopted a different technological procedure for certifying and merging the rolls,then that procedure must be worked out and negotiated with Board approval through the auspices of the District Manager before there are any deviations from the provisions of Section 197.3632,Florida Statutes,and Rule 12D-18,Florida AdministrativeCode. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF KEY MARCO COMMUNITY DEVELOPMENT DISTRICT; Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. Section 2. Budget. a. The Board has reviewed the District Manager's Proposed Budget, a copy of which is on file with the office of the District Treasurer and the office of the Recording Secretary,and is hereby attached to this Resolution,and hereby approves certain amendments thereto,as referenced herein. b. The District Manager's Proposed Budget, as amended by the Board, is adopted hereby in accordance with the provisions of Section 190.008(2)(a), Florida Statutes and incorporated herein by reference;provided,however,that the comparative figures contained in the adopted budget may be revised subsequently as deemed necessary by the District Manager to reflect actual revenues and expenditures for Fiscal Year 2018-2019 and/or revised projections for Fiscal Year 2019-2020. c. The adopted budget,as amended,shall be maintained in the office of the District Treasurer and the District Recording Secretary and identified as "The Budget for the Key Marco Community Development District for the Fiscal Year Ending September 30, 2020, as adopted by the Board of Supervisors on July 17,2019. 2 Agenda Page#30 Section 3.Appropriations.There is hereby appropriated out of the revenues of the District,for the Fiscal Year beginning October 1,2019,and ending September 30,2020 the sum of ($ )to be raised by the applicable imposition and levy by the Board of applicable non-ad valorem special assessments and otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all expenditures of the District during said budget year,to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $ Total All Funds $ Section 4. Supplemental Appropriations. The Board may authorize by resolution supplemental appropriations or revenue changes for any lawful purpose from funds on hand or estimated to be received within the fiscal year as follows: a. The Board may authorize a transfer of the unexpended balance or portion thereof of any appropriation item. b. The Board may authorize an appropriation from the unappropriated balance of any fund. c. The Board may increase any revenue or income budget account to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance. The District Manager and Treasurer shall have the power within a given fund to authorize the transfer of any unexpended balance of any appropriation item or any portion thereof, provided such transfers do not exceed Ten Thousand($10,000) Dollars or have the effect of causing more than 10% of the total appropriation of a given program or project to be transferred previously approved transfers included. Such transfer shall not have the effect of causing a more than$10,000 or 10%increase,previously approved transfers included, to the original budget appropriation for the receiving program. 'Transfers within a program or project may be approved by the applicable department director and the District Manager or Treasurer. The District Manager or Treasurer must establish administrative procedures, which require information on the request forms proving that such transfer requests comply with this section. Section 5.Maintenance Special Assessment Levy:Fixed and Referenced and to be Levied by the Board. a. The Fiscal Year 2019-2020 Maintenance Special Assessment Levy (the "Assessment k . ")for the assessment upon all the property within the boundaries of the District based upon the special and peculiar benefit received and further based upon reasonable and fair apportionment of the special benefit, shall be in accordance with the attached Exhibit A, which levy represents the amount of District assessments necessary to provide for payment during the aforementioned budget year of all properly authorized expenditures to he incurred by the District, including principal and interest of special revenue, capital improvement and/or benefit assessment bonds. The Assessment Levy shall be distributed as follows: General Fund 0&M $[See Assessment Levy Resolution 2019-10] 3 Agenda Page#31 b. The designee of the Chair of the Board shall be the Manager or the Treasurer of the District designated to certify the non-ad valorem assessment roll to the Tax Collector in and for the Collier County political subdivision, in accordance with applicable provisions of State law(Chapters 170, 190 and 197, Florida Statutes)and applicable rules(Rule 12D-18,Florida Administrative Code)which shall include not only the maintenance special assessment levy but also the total for the debt service levy,as required by and pursuant to law. Section 6.Effective Date. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED at a meeting of the Board of Supervisors of Key Marco Community Development District this 17th day of July,2019. Attest: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Justin Faircloth, Secretary Mary Beth Schewitz,Chair 4 Agenda Page#33 RESOLUTION 2019-10 A RESOLUTION OF THE BOARD OF SUPERVISORS OF KEY MARCO COMMUNITY DEVELOPMENT DISTRICT LEVYING AND IMPOSING NON ADVALOREM MAINTENANCE SPECIAL ASSESSMENTS FOR KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AND CERTIFYING AN ASSESSMENT ROLL FOR FISCAL YEAR 2019-2020;PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CONFLICT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Key Marco Community Development District (the "district") is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes for the purpose of providing,operating and maintaining infrastructure improvements,facilities and services to the lands within the District;and WHEREAS, the District is located in the City of Marco Island in Collier County, Florida (the "County");and WHEREAS, the District has constructed or acquired certain public improvements within the District and provides certain services in accordance with Chapter 190,Florida Statutes;and WHEREAS,the Board of Supervisors of the District("Board") hereby determines to undertake various operations and maintenance activities described in the District's general fund budget for Fiscal Year 2019-2020 attached hereto as Exhibit "A" and incorporated by reference herein ("Operations and Maintenance Budget");and WHEREAS,the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the Operations and Maintenance Budget for Fiscal Year 2019-2020;and WHEREAS,the provision of such services, facilities,and operations is a benefit to lands within the District;and WHEREAS, Chapter 190, Florida Statutes, provides that the District ,nay impose special assessments on benefited lands within the District;and WHEREAS,Chapter 197,Florida Statutes,provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector ("Uniform Method"); and WHEREAS,the District has previously evidenced its intention to utilize the Uniform Method;and WHEREAS, the District has approved an Agreement with the Property Appraiser and Tax Collector of the County to provide for the collection of the special assessments under the Uniform Method; and 1 Agenda Page#34 WHEREAS, the Board finds that the District's total Operations and Maintenance operation assessments, taking into consideration other revenue sources during Fiscal Year 2019-2020 (defined as October 1,2019 through September 30,2020),will amount to$ ;and WHEREAS,the Board finds that the non-ad valorem special assessments it levies and imposes by this resolution for operation and maintenance on the parcels of property involved will reimburse the District for certain special and peculiar benefits received by the property flowing from the maintenance of the improvements, facilities and services apportioned in a manner that is fair and reasonable, in accordance with the applicable assessment methodology as adopted by the District;and WHEREAS, it is in the best interests of the District to proceed with the imposition of the special assessments;and WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the District (the"Assessment Roll")attached to this Resolution as Exhibit"B"and incorporated as a material part of this Resolution by this reference,and to certify the Assessment Roll to the County Tax Collector pursuant to the Uniform Method;and WHEREAS, it is in the best interests of the District to permit the District Manager to amend the Assessment Roll, certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County,for such time as authorized by Florida law. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF KEY MARCO COMMUNITY DEVELOPMENT DISTRICT OF COLLIER COUNTY,FLORIDA; Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. Section 2. Benefit.The provision of the services,facilities,and operations as described in Exhibit "A"confer a special and peculiar benefit to the lands within the District, which benefits exceed or equal the costs of the Assessments(as defined below). The allocation of the costs to the specially benefitted lands is shown in Exhibits"A"and"B". Section 3. Assessment Imposition. A special assessment for operations and maintenance as provided for in Chapter 190,Florida Statutes is hereby imposed and levied on the benefitted lands within the District in accordance with Exhibits "A" and "B" (the "Assessments"). The lien of the Assessments imposed and levied by this Resolution shall be effective upon passage of this Resolution. Section 4. Collection. The collection of the Assessments shall be at the same time and in the same manner as County taxes in accordance with the Uniform Method. Section 5. Assessment Roll. The District's Assessment Roll,attached to this Resolution as Exhibit "B,"is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds therefrom shall be paid to Key Marco Community Development District.The Chair of the Board designates the District Manager to perform the certification duties.A copy of this Resolution be transmitted to the proper public officials so that its purpose and effect may be carried out in accordance with law. Section 6. Assessment Roll Amendment. The District Manager shall keep apprised of all updates made to the County property tax roll by the Property Appraiser after the date of this Resolution, and shall amend the District's Assessment Roll in accordance with any such updates,for such time as authorized by 2 Agenda Page#35 Florida law,to the County property tax roll.After any amendment of the Assessment Roll,the District Manager shall file the updates to the property tax roll in the District records. Section 7. Conflict. All Resolutions, sections or parts of sections of any Resolutions or actions of the Board in conflict are hereby repealed to the extent of such conflict. Section 8. Severability. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution,or any part thereof. Section 9. Effective Date.This Resolution shall take effect upon the passage and adoption of this Resolution by the Board of the District. PASSED AND ADOPTED at a meeting of the Board of Supervisors of Key Marco Community Development District this 176 day of June 2019. Attest: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Justin Faircloth,Secretary Mary Beth Schewitz,Chair 3 Agenda Page#36 Exhibit"A" 4 Agenda Page#37 Exhibit"B" 5 8888 HI: 1 N 9 " N ry N — W Q N N N N N N N N O O O O 6 p p p � > Y�' Z g 2 2 Z T 2 Y a > 8 0 0 8 8 8 8 m N E y 0 t o V 00 p 0 0N N N N N N N N m Y 2 Y Z > 2 2 Z Z Z )- T Y -. } -6 5 O ' LL O p — p = 0 Q g td N j .-1 VU _1 J 4 O -0OL Q U W m c C a t UU t. 3 e c G. Lh ti 3 m 4 ^ } b N C C v C $ 8 °� € '5.' Ti O O: ' c c CEE .g Ii y o o > dr' p W a a '- N L° ° N V a A n �" ± o 3 t � - m t d Z `, o m LL C ' v o E Q c O E w o t 'O' E '> 5 V 3 E '6c `Gg_ . _04. 9 is •E c .X c W o 8 $ o Z 'a v a b W -t'3 O d 76 m m . d O = to u5. V .t- 3 § a0 E R O O t ? tr,C x N C q , V 9,' . o E °� t t i u a E 8 0 '° oma. t C '° e Q t a a v _= t 1- '� w 2 at Z a �._2_d m¢_o- a ,S x.u._Fc_'S. 8OV I _ = V m N >°11 Y Z Z >y 2 Z oo pp p po I i GI 11 g c c g g g m ,T m - a6�. c 9 N N N N N y Y i Z > Z T lam- Z 2 > Y N Z Agenda Page#41 tib . A,..WFORD LANDSCAPING HORTICULTURAL MANAGEMENT PROPOSAL PREPARED FOR: KEY MARCO CDD Submitted to: KATIE MALINE Date: 1/2/2019 Property Name: KEY MARCO Address: 505 WHISKEY CREEK Property Location: MARCO ISLAND City/St/Zip: MARCO ISLAND, FL. SCOPE OF SERVICES 4 man crew, 96 firs./wk. includes travel ANNUAL SERVICE ❖ Mowing,edging,forced air clean up and weed control 52 ❖ Selective pruning of shrubs and ground covers CONTINUOUS ❖ Selective pruning of palms(up to 12') CONTINUOUS ❖ Fertilization of turf grass 4 ❖ Fertilization of shrubs and ground covers 3 ❖ Fertilization of palms and trees 3 ❖ Lawn and ornamental pest and disease control 12 ❖ Irri•ation s stem schedulin. and monitorin. 12 ANNUAL CONTRACT TOTAL: $204,024 MONTHLY PAYMENT BREAKDOWN COST ❖ Monthly Horiculture Maintenance 10316 ❖ Monthly Irrigation Monitoring 1176 ❖ Pest Control 1885 ❖ Fertilization 3625 MONTHLY PAYMENT TOTAL $17,002 Crawford Landscaping Group: Future Client: Mike McNeill,Sales Manager Signature Date Crawford Landscaping Group 2360 Catawba Street, Naples, FL 34120 (888)581-5151 (P)(239)594-9832(F) Contract Effective Date mmcn eill(5)d iscovercrawford.com Agenda Page#42 LANDSCAPINGAk CRAWFORD 1./ LANDSCAPE MAINTENANCE CONTRACT KEY MARCO CDD This agreement is made and entered into by and between CRAWFORD LANDSCAPING GROUP, LLC ("Contractor"), and CLIENT ("Client"). RECITALS A.The Contractor is a provider of grounds maintenance,which includes turf and ornamental maintenance,integrated pest management, and irrigation monitoring and repairs. Additionally,Contractor provides ancillary services including general landscape enhancements,flower and mulch installation,palm and tree trimming services, landscape design consultation, landscape lighting and recovery and clean up from significant storm events. B.The Client desires to hire Contractor to provide its services to Client and to maintain Client's landscape appearance at the highest possible commercially reasonable standard given the individual condition of the Client's landscape and the nature of the Florida climate and weather conditions. C. By affixing their signatures below, the Contractor and Client enter into this Agreement and shall be bound by its terms and conditions. NOW,THEREFORE,for and in consideration of the sums to be paid by Client hereunder,the performance by the Contractor of the work described herein,the other mutual covenants and promises set forth below,and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged by all parties hereto,the parties hereby agree as follows: AGREEMENT 1. RECITALS The above recitals are true and correct and are incorporated herein and made a part of this agreement for all purposes whatsoever. 2.COMPENSATION. See COST&SCOPE SUMMARY PAGE for selected maintenance package,number of treatments,service visits,applications,and other terms and procedures specific to Contractor's services to be performed at Clients'location. OSD-045 Date revised,1/1/18 Page 2 of 12 Initials: 3,TURF MOWING PROGRAM Agenda Page#43 a. MOWING. Turf areas will be mowed weekly. Bahia to be mowed 26 times. If mowing in excess of selected services Is required or requested,such services are extra and will be billed at the prevailing hourly rate, per man, per cut. Turf heights will be regulated throughout the year. Mowing height will typically be between 3-4.5 inches tall. Unless weekly growth rate exceeds contractual service frequencies,Contractor shall restrict removing more than 1/3 of a blade of grass at any cutting. Notwithstanding the foregoing,the Contactor shall have the sole discretion to determine whether the Contractor will be able to perform the activities contemplated in this Paragraph and in this agreement. Turf areas inaccessible to mowers, areas adjacent to buildings,trees,fences,etc.will be controlled by manual(weed-eater)or chemical means. Hand-mowing is available at an additional charge. b. EDGING. Edging will be performed weekly on all hardscape areas(i.e., curbs,driveways,roads,etc.)bordered by turf. Between November 1st and April 30th,edging will be performed no less than twice per month. The edging of all softscapes or bed areas(i.e., areas where grass borders mulch or dirt)will be performed on an as-needed basis. Edging will be performed in conjunction with mowing. If additional edging is required,applicable rates will apply. c. FERTILIZATION.Fertilizer shall be applied per City&County ordinances. A slow release commercial turf fertilizer will be used. After each application,fertilizer shall be watered in at the next regular irrigation period. Additional applications are billed separately, if required,at the prevailing hourly rate,per man,per application. d. MECHANICALLY FORCED AIR. All grass clippings,leaves,etc.,to be removed from sidewalks,parking areas and other hardscape areas as agreed upon per the attached contract. Additional areas requiring this service must be identified and Included in this Agreement prior to approval of the agreement. e.WEED CONTROL. Turf shall be kept free from grassy and broadleaf weeds with respect to the current site conditions and the time of year within commercially reasonable standards. Weed control will be accomplished through the use of selective herbicides. Due to the limited products available to control broadleaf and grassy weeds in turf, in the event of an uncontrollable outbreak,Contractor will not be held responsible. See Addendum B for more details on excluded damages. PH adjustments are not included in this Agreement. f.DISEASE&PEST CONTROL. If noted on this Agreement,a lawn and ornamental pest control program will be included. Specific target areas will be addressed when an insect or pest is identified. If the insect or pest continues to persist,additional treatments will be applied to the specific target areas. Payment for the cost to treat unusual problems outside of our control or in excess of the specified pest control applications will be billed at the prevailing hourly rate, per man, per application. This Agreement shall cover insects and diseases that are prevalent in the local region at the time of this Agreement. New and exotic species that may invade the area in the future may require special treatments and may be at an additional agreed upon charge.See Addendum B for list of excluded diseases and insects. Contractor will re-treat applications at the Contractors'sole discretion for issues discovered during the inspection process covered by this Agreement. Any additional treatments performed outside of the treatments performed during the inspection and subsequent re-treats,will be performed and billed at the prevailing hourly rate,per man, per application. g.LITTER CLEAN-UP. Litter cleanup will be performed in the areas of work only during each weekly visit. Unless otherwise specified in this Agreement,with relevant costs per man-hour,Contractor will not patrol the entire project for litter cleanup at each visit. Litter means papers,plastics,bottles,cigarette butts,aluminum cans,etc. Horticultural waste such as grass clippings,leaf drop from pruning,etc.on hardscapes will be removed with the use of mechanically forced air. 4. SHRUB&GROUND COVER PROGRAM QSD-045 Date revised:111/18 Page 3 of 12 Initials: a.PRUNING. Pruning will be performed in a continuous method keeping plant material shaped naturally. Pruning will not be performed during major bloom cycles of plant material. Contractor will perform hand pruning on certain eiltlffitcithgttfikEldiflas deemed necessary. There will be a select group of plant materials that will receive mechanical pruning. If directed in writing by the client,formal mechanical pruning will be performed on"hand prune"required plant materials even though we do not recommend this method. Additional charges for hand pruning may apply. Additional pruning,if required,will be billed at the prevailing hourly rate,per man,per service. b. DISEASE&PEST CONTROL. If noted on this Agreement,a lawn and ornamental pest control program will be included. Specific target areas will be addressed when an insect or pest is identified. If the insect or pest continues to persist,additional treatments will be applied to the specific target areas. This Agreement shall cover insects and diseases that are prevalent in the local region at the time of this Agreement. New and exotic species that may invade the area in the future may require special treatments and may be at an additional agreed upon charge. See Addendum B for list of excluded diseases and insects. Contractor will re-treat applications at the Contractors'sole discretion for issues discovered during the inspection process covered by this Agreement. Any additional treatments performed outside of the treatments performed during the inspection and subsequent re-treats,will be performed and billed at the prevailing hourly rate,per man,per application c. FERTILIZATION.Fertilizer shall be applied per City&County ordinances. A slow release commercial fertilizer will be used. After each application,fertilizer shall be watered in at the next regular irrigation period. Additional applications,if required,will be billed at the prevailing hourly rate,per man,per application. d.WEED CONTROL. Planted beds will be weeded with the use of contact herbicides and manual weeding(if needed),and will be done in conjunction with mowing applications. Due to the extreme weather in Southwest Florida,and the summer rains,bed weeds can be hard to control,and therefore the expectation is not 100%weed control. e. FLOWERS. Flowers in need of dead heading will be addressed at a frequency determined exclusively by the Contractor. In cases where the Clients desires more frequent dead heading,the Client will be billed at the prevailing hourly rate,per man,per application. f. PLANT REPLACEMENT.Replacement of plant materials,which have been damaged due to circumstances beyond our control, i.e.,acts of God,vandalism,drought,freeze(cold weather),storm,poor drainage or improper installation will be the responsibility of the owner/client at their own expense. g. ESPALIER. Espalier is not included in this agreement. Any espalier work performed will be at an additional cost. h.LITTER CLEAN-UP. Litter cleanup will be performed in the areas of work only during each weekly visit. Unless otherwise specified in this Agreement,with relevant costs per man-hour,Contractor will not patrol the entire project for litter cleanup at each visit. Litter means papers,plastics,bottles,cigarette butts,aluminum cans,etc.Horticultural waste such as grass clippings,leaf drop from pruning,etc.on hardscapes will be removed with the use of mechanically forced air. 5.TREE MANAGEMENT PROGRAM a.PRUNING.Trees will be pruned to maintain their natural appearance. Non-native and ornamental trees will be pruned up to a height of 8 feet. Stubbing will not be practiced. All prune locations will be made just outside the branch collar. Pruning over 12 feet in height is not included in this Agreement. Upon request, Contractor will furnish a proposal to address pruning over 12 feet high. b.TREE SUPPORTS. All tree supports(stakes or guy materials)will be removed upon request by owner/client or when conditions determine. This removal or the request of any type of tree supports will be performed as an addition to this Agreement. Additional services will be performed at the prevailing hourly rate per man,per service. c.TREE RINGS. Tree rings at the base of free standing trees in turf will be maintained to avoid damage from mowing equipment to tree trunks and raised roots crowns. OSD-045 Date revised:1/1118 Page 4 of 12 inrtials ^_ d. FERTILIZER.Fertilizer shall be applied per City&County ordinances. A slow release commercial ferk4q.8Nifil4lesigged. After each application,fertilizer shall be watered in at the next regular irrigation period. Additional applications,if required,will be billed at the prevailing hourly rate,per man,per application. 6. IRRIGATION MANAGEMENT PROGRAM a. IRRIGATION MONITORING/WET CHECKS. Wet checks are to include: Checking all Irrigation heads on all zones for proper coverage,cleaning clogged nozzles,checking rain sensors,and monitoring irrigation controllers. If additional Irrigation monitoring or service is required,it will be billed at the prevailing hourly rate per man, per service. Contractor is not responsible for sprinkler heads that are damaged due to improper location(i.e. height exceeding the root system; installed on a bed or sidewalk edge)or any heads damaged due to improper functioning(i.e.stuck motors,pop-ups,etc.). Contractor is not responsible for property or any other damages caused by the irrigation system. Contractor will repair any irrigation component damages caused by our own equipment or men at no cost to the owner or Client. All other irrigation repairs will be billed separately,as stated below,unless Client notifies Contractor in writing that it declines to have the Contractor make irrigation repairs. 1)Inspection Repairs are repairs made during our monthly irrigation inspection. Contracted monthly inspections are a part of our horticultural management program and cover the labor cost associated with performing the check. Any problems discovered during this check will be performed at the time of the inspection and invoiced each month. Inspection repairs are billed at a$65.00 man-hour plus materials.1)Inspection Repairs are repairs made during our monthly irrigation inspection. Contracted monthly inspections are a part of our horticultural management program and cover the labor cost associated with performing the check. Any problems discovered during this check will be performed at the time of the inspection and invoiced each month. Inspection repairs are billed at a$65.00 man-hour plus materials. 2)Service Call Repairs are repairs made during regular business hours when our irrigation crew is not on your site to perform a monthly irrigation inspection. Examples of these repairs included client requests, hot spots discovered by our maintenance crews and/or supervisors,and work orders generated by a property management company. These repairs are not included in the monthly irrigation charge and are billed at a$65.00 man-hour charge plus materials and a$85 service fee applies. 3)Emergency Call Repairs are repairs made after our normal business hours(7am to 3pm weekdays)or repairs made on weekends and holidays. Emergency Call Repairs are billed at a$85.00-man hour charge plus materials and a$120 emergency service applies. 7. INSURANCE. Contractor will provide Worker's Compensation and Unemployment Insurance for its employees along with any other insurance required by law. The Contractor will also provide General Liability and Automobile Insurance. Coverage will not exceed$2,000,000.00 combined single limit and will not be less than 1,000,000 combined single units. 8. LIABILITY. Contractor is not liable for any damage of any kind whatsoever that is not caused by its own negligence. Contractor has no liability whatsoever for any of the following: a.Any damage caused by or to garden hoses left on turf or shrubbery. b.Any damage to personal items such as toys, pet items,lawn and garden tools,extension cords,clothing,lawn furniture, Christmas lights,or any other items not associated with a reasonable landscape design left on turf or shrub areas. c.The normal wear-and-tear on outdoor carpeting,ceramic tile, sidewalks,decorative landscape borders and painted porches or driveways caused by the use of the power edger,weed eater,or lawn mower. Slight border damage of these areas is inevitable if the mowing process is to be performed thoroughly. d.Any damage by or to down spouts that do not maintain at least a four-inch clearance of turf areas. e.Any damage to hidden underground of surface wires and/or pipes which may be damaged in the process of mowing and/or edging. GSD-045 Date revised:1/1178 Page 5 of 12 Initials:__ 9.SUBCONTRACTORS. Contractor may hire qualified subcontractors to complete specialized projects in its sole discretion. Agenda Page#46 10. UTILITIES. Owners to provide all utilities necessary to complete any project requiring them. 11.ACCESS TO JOBSITE.Owner must provide access to jobsite/s. 12. DAMAGES. Contractor shall not be held responsible for the following: 13.WEATHER. Use of lawn maintenance equipment on saturated areas poses potential detrimental circumstances,including: damage to existing turf root system;propagation of fungus related disease;ruts or tire marks in the turf; and probability of mud tracks on concrete areas. In our tropical Florida climate,these occurrences are somewhat inevitable. It is the Contractor's intention to minimize these occurrences. Contractor,in the course of performing under this Agreement,will determine when and if services can be performed during periods of inclement weather. If Contractor is unable to fulfill its obligations under this Agreement due to weather conditions,acts of God,force majeure or environmental conditions(such as rain,drought or lightening),the missed will not be made up and no credit for the missed obligation will be issued by the Contractor. The Contractor shall fulfill the missed obligation at the next scheduled date of service. 14.NO SERVICE. Client acknowledges that Contractor closes operations for a period of ten(10)days each year for the holidays from approximately December 24 through January 2(dates may vary). Contractor may have to change the normal day of service to ensure Client is serviced adequately given the holiday schedule. 15.ADDITIONAL WORK. This Agreement Is entered into with the understanding that the property will be in a state of reasonable maintenance at the time that the landscape maintenance responsibilities are assumed by the Contractor. Conditions of extreme neglect or unusually poor maintenance practices present at the time of the contract initiation may require additional clean-up fees not specifically set forth in this Agreement. Both the Client and the Contractor must agree to such fees, in writing,before such additional work is performed. 16.WAIVERS. It is expressly understood and agreed that the Contractor shall assume no responsibility or liability for personal injury or property damage arising out of or resulting,directly or indirectly,from the accumulation of water,falling limbs,leaves or other debris on walkways,sidewalks,curbs and other paved surfaces between scheduled visits by maintenance crews. Client,its successors and assigns, hereby agree to hold harmless, indemnify and defend Contractor for any claims for damages or injury made against Contractor by any parties other than Client, including but not limited to third parties or Client's residents,for or arising out of any services provided under this Agreement,whether caused by the negligence of Contractor,its agents or employees,or otherwise. If requested by Contractor,Client shall provide evidence of applicable insurance coverage. 17.COMMUNICATION. It is the desire of the Contractor to handle Client's requests and concerns as quickly and efficiently as possible. In order for this to occur,the Client agrees to the following: a.The client shall designate a specific representative to function as the Contractor's liaison. b.The designated representative of the Client should communicate with specific representatives of the Contractor. The representatives of the Client are either the assigned property manager or job supervisor and the Contractor shall notify the Client of who the contract person is for the Contractor. c, Under no circumstances shall Client give direction to Contractor's employees on the job site. 18.ATTORNEY FEES. The parties hereby agree that in the event any of the terms and conditions contained in this Agreement must be enforced by reason of any past,existing or future delinquency of payment,of failure or observance or of performance by any of the parties hereto, in each such instance,the prevailing party shall collect reasonable collection and/or legal fees,trial and appellate levels,any expenses and legal fees incurred,and any other expenses and costs incurred in connect with the enforcement of any available remedy in law or equity. 19. PAYMENT TERMS.Contractor shall present monthly invoices based on this Agreement. After thirty(30)days from the invoice issue date,interest will accrue at 1.5%per month. QSD-045 Date revised:1/1118 Page 6 of 12 Initials: 20. CONTRACT TERM&RENEWAL. This Agreement shall remain in force for a period of 1 year(s),begilenitx Vii#RT DATE and ending END DATE. If,upon expiration of this Agreement,a new Agreement has not been executed by both parties,this Agreement shall automatically be renewed for a period of one(1)year from the date of expiration of the previous term at the annual fees stated with the addition of a three percent(3%)cost increase unless thirty(30)days prior to the expiration of this Agreement,one party informs the other,in writing via certified return receipt mail,that it does not desire to renew this Agreement. This renewal method will repeat each year on the Agreement expiration date. 21.CONTRACT CANCELLATION. Either party may cancel this agreement for good cause and with thirty(30)days written notice by the terminating party. The written termination notice shall outline specific reasons for the termination and shall be sent to the non-terminating party by certified mail,return receipt requested. If the terminating party is the client,upon receipt of this letter,the Contactor shall have a thirty(30)day period to cure or remedy the problems or deficiencies listed in the notice of termination. If the Contractor fails to cure or remedy the problems listed in the notice of termination within the thirty(30)day period,the Agreement shall be terminated sixty(60)says from the date the Contractor received the original notice of termination. Notwithstanding the foregoing,this provision shall not apply to the Contractor if the Client fails to pay for any services provided by Contractor. If the Client fails to pay for Contractor's services the Contractor is entitled to discontinue all services,recover damages,and pursue any other right or remedy available to the Contractor including but not limited to acceleration of all payments due and owing by Client under this Agreement. 22. FUEL SURCHARGE.The standard price for one(1)gallon of regular unleaded fuel used by Contractor shall be specified as the Florida Average Price per the Florida Attorney General's office. If the average price exceeds$4.00 per gallon at any time during the term of this Agreement,a 3%fuel surcharge shall be added to each invoice until the average price drops below$4.00 per gallon. 23. PRORATED MONTHLY GROUNDS MAINTENANCE. This agreement is subject to the terms and conditions of the prorated labor clause presented herein. To protect both the Contractor and the Client from being seasonally terminated,additional or reduced compensation will be required according to the following calculation: a.The average per visit fertilization fee is an amount equal to the product of the monthly fertilization fee multiplied by 12. The average per visit fertilization fee is the total fertilization divided by three(3). The fertilization is being applied three(3)times per year and lasts for between 3-6 months,depending on application time and material used.Client agrees to pay Contractor a prorated amount If termination occurs in between fertilization applications. 24.STORM CLEANUP. Contractor will only perform storm cleanup services if Client pre-authorizes the work per the terms of Addendum C to this Agreement.Client understands that the work will be completed on a time and material basis.Client acknowledges that Contractor will perform all services outlined in Addendum C unless written notice to suspend service is provided to Contractor prior to the commencement of such services. 25. MISCELLANEOUS. This Agreement is the entire agreement between Contractor and Client. Modifications of this Agreement will not be binding unless in writing,signed and delivered by the party to be bound. Signatures, initials,document references in this Agreement,counterparts and written modifications communicated electronically or on paper will be accepted for all purposes, including delivery,and will be binding. Handwritten and typewritten terms inserted in or attached to this Agreement prevail over preprinted terms. This Agreement will be constructed under Florida Law and the venue for any legal action under this Agreement will be in the state courts located in Naples, Florida. Any notices required under this Agreement must be sent to the Contractor or the Client at the address entered below. 26.WAIVER OF RIGHT TO JURY TRIAL. DUE TO THE HIGH COST AND TIME INVOLVED IN LITIGATION BEFORE A JURY, THE PARTIES WAIVE ALL RIGHT TO A JURY TRIAL ON ALL ISSUES IN ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT,THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT,OR ANY DOCUMENTS EXECUTED IN CONNECTION WITH THE CONTEMPLATED TRANSACTION(S). QSD-045 Date revised:1/1/18 Page 7 of 12 Initials: Agenda Page#48 SIGNATURE PAGE In witness whereof the parties to this Agreement have signed and executed it this day of .20 Crawford Landscaping Group,LLC. CLIENT MIKE MCNEILL Signature Crawford Landscaping Group,LLC Address: 2360 Catawba Street, Naples,FL 34120 0: 888.581.5151 C:239.438.6370 mmcnei IIa discovercrawford.com STORM CLEAN-UP AUTHORIZATION Client elects to give Contractor pre-authorization to execute Addendum C [ ]YES Client does not elect to give Contractor pre-authorization to execute Addendum C[ ]NO Client Signature Date QSD-045 Date revised'1/1/18 Page 8 of 12 !Male. ADDENDUM A Agenda Page#49 ADDITIONAL SERVICES If additional services are required,Contractor will submit a proposal reflecting the services requested. Upon completion of this work,the client will receive an invoice reflecting the completed work per the approved proposal. Payment for all completed additional services will be due upon receipt of invoice. After thirty(30)days past due,interest will accrue at 1.5%per month. The following is a list of many of the services available above and beyond this maintenance contract. Additional services not appearing on this list may also be available. (prices may very): SERVICE COST • Turf maintenance application INCLUDED + Shrub Pruning application INCLUDED •8 Weed application INCLUDED • Fertilization of turf grass,shrubs, palms trees and ground covers INCLUDED • Irrigation system wet check INCLUDED •• Annual flower installation and soil amendments TBD •: Mulching material installation($2.00 PER INSTALLED BAG SUPPLIED BY CDD ) $2.00/BAG 4• Palm pruning above 12' SEE PROPOSAL • Hardwood tree trimming SEE PROPOSAL :• Liquid root feeding of trees TBD ❖ Liquid root feeding of palms TBD ❖ Tree and palm staking and guying TBD ❖ Tree stake removal TBD • Freeze and frost protection of plants and annual plantings TBD + Weed control on patios or streets TBD • Lanai service TBD + Espalier of any type of plant material or vine TBD ❖ Landscape lighting installation or maintenance TBD • Hand watering TBD s Leaf removal from planting beds,drainage areas, parking lots, gutters,etc. TBD ❖ Native area clean up TBD ❖ Preventative blanket application. IPM •r Downy mildew preventative application TBD • Crab Grass, Torpedo Grass,Sedge application TBD ADDENDUM B 05a04e Page 9 of 12 Initials: Date revised:1/1118 INSECT OR DISEASE NOT COVERED IN THIS AGREEMENT Agenda Page#50 There are a few occasions where the Contractor cannot control insect or disease damage. The following is a list of insects or disease where the Contractor is not responsible for any resulting damage unless contracted to manage by a separate agreement or addendum: b.Downie Mildew c.Lethal Yellow d.Ganoderma Bud Rot e. Fusarium Wilt f. Bud Rot j.Mole Crickets k.Texas Phoenix Palm Decline I. Sedge m.Pine Beetle Species Infestations n. Large scale outbreaks of turf fungus(s)due to weather events o.Correction of large scale soil deficiencies p.Palm Weevil q. Royal Palm Bug ADDENDUM C QSD-045 Date revised.111118 Page 10 of 12 init�ais: STORM CLEAN-UP TERMS&AUTHORIZATION Agenda Page#51 Southwest Florida can experience significant storm events,including hurricanes,tropical storms,tropical depressions,tornadoes and high winds that can result in significant water accumulation and wind damage. Below are the terms and costs that will be applied to any services provided by the Contractor upon execution of this contract and the election to pre-authorize Contractor to provide services following a significant storm event 1. RESPONSE PROCEDURES&PRIORITIZATION The steps involved in storm cleanup are listed below in sequential order: a. Phase 1: Life Safety Removal,which includes removal of debris blocking roadways,driveways,vehicles and building entrances. b.Phase 2:General Debris Removal,which includes removing general debris and cutting approved trees and palms to an adequate level for removal. NOTE:This does not include removing any tree limbs over 12 feet long. c. Phase 3: Remediation,which includes re-staking or re-planting salvageable shrubs,palms,and hardwoods. d.Phase 4: Damaged Trees/Palms and Stump Removal,which includes removal of damaged or fallen trees and palms as determined by Contractor. e. Phase 5: Backfill Holes,which includes backfilling holes left by removed trees and palms f.Phase 6: Detailed Debris Removal,which includes branches and limbs over 12 feet. 2.STORM CLEANUP CHARGES The following charges will apply to all storm clean-up: a. Labor Charges i.$75 per man hour for work completed during regular business hours defined as 7:00am to 3:00pm, Monday through Friday. b. Machine Charges i.$125 per machine hour for small to medium sized machines,including but not limited to Boom Truck, New Holland,Small Loader,stump grinder,etc.,plus operator labor. ii. $300 per machine hour for large loader,$850 fee for delivery,plus operator labor. c.Dump Charges i.$250 per small dump load as defined by a vehicle similar to a standard maintenance cab truck;price does not include driver ii.$400 per medium dump load as defined by a vehicle similar to a chip truck;price does not include driver iii.$750 per large dump load as defined by a vehicle similar to a grapple truck; price does not include driver d.Tree Staking Materials i.To be based on material costs at the time of the storm event. 3.TERMS AND CONDITIONS: a.Contractor determines priority and schedule for all phases of the storm cleanup b.Client agrees that Contractor will not provide an estimate for the storm cleanup and changes will be based on the time and material charges specified in this Addendum. c.Contractor shall not offer credits for its other obligations under this Agreement that are not performed by Contractor during storm cleanup. d. Planting and re-sodding is not included in the storm cleanup. Contractor will provide estimate for replanting and re-sodding upon request e. If the Client fails to make payments as set forth in this Addendum,the Contractor is entitled to discontinue any and all Client services,recover damages,and to pursue any other right or remedy available to the Contractor,including but not limited to acceleration of all payments due and owing by Client under this Agreement. f. Failure to sign this pre-authorization will result in Client's significant storm clean-up being given lower priority to Contractor's other pre-authorized work. QSD-045 Date revised:1/1418 Page 11 of 12 Indfats:__ __ __ Agenda Page#53 101111091/h LAN()SCAN! ftORIVA LANDSCAPE FLORIDA GROUNDS MAINTENANCE AGREEMENT #1190025 This agreement as dated is between Paid monthly to Landscape Florida: "Landscape Florida"and"Key Marco CDD" $8,428.25 Per Month Thereafter referred to as"Client." CDD-Whiskey Creek&Blue Hill Drive This agreement shall be for the The billing address is as follows: Key Marco CDD Key Marco CDD Whiskey Creek Drive C/O Katie Maline Marco Island,FL 34145 505 Whiskey Creek Drive Marco Island,FL 34145 Contact:Eric Evans Contact Person:Katie Maline Phone#:(239)643-6124 Phone#:(239)394-4346 Fax#:(239)643-6413 Mobile#:(239)784-5110 Email:P,ricE,id.andwapcl'lorida.coin Email:katie!dmanagerke\marcohoa.or5 ClientRequest(tr;LandscapeFlorida.com This Agreement shall run for a period of _ ,0 two(2)vears 3-etbsr. This Agreement shall commence on May 1,2019 and shall expire on April 30,2021 in accordance with the terms and conditions of this Agreement and any written addenda. PERFORMANCE DESCRIPTIONS&CONTRACT SERVICES PROVIDED BY LANDSCAPE FLORIDA: PLANT MATERIAL CARE: All plant material will be maintained in accordance with Landscape Florida's standards set forth below. Any deviation from Landscape Florida standards for trimming,pruning,and the cutting or treatment of turf must be agreed in writing between the Client and Landscape Florida. Services are not provided to internal courtyards, lanais or for potted plant materials unless specifically included in the agreement. MOWING: Landscape Florida will mow turf to maintain a proper height of 3 '/ to 4 '/ inches, dependent on seasonal conditions. During the summer, growing season of April thru September,the turf will generally be cut every week. During the spring and fall months of October and March,the turf will be cut generally three(3)times per month. During the winter months of November thru February,the turf will be cut twice a month. The above listed frequencies serve as a general guideline.Mowing activities are performed"as needed"and as horticulturally appropriate. Landscape Florida will use a sharpened mower blade at all times to insure a clean and even cut,with turf height maintained at a height between 3 %2 to 4%2 inches at all times. EDGING& BLOWING(Sidewalks,roadways,etc.): Landscape Florida will perform edging at every visit,using conventional edging equipment. Soft edging(tree wells,shrubbery beds,etc.)will be performed with every other mowing using mechanical edgers. Hard surfaces will be blown off at each visit and following pruning activities. PRUNING&SHEARING: Landscape Florida will use its best efforts to maintain uniform plant appearances,use proper horticultural practices for all ornamental shrubs,and maintain existing ground covers.Flowering ornamentals such as Ixora,Plumbago,Hibiscus will be pruned as needed in effort to allow the plant material to flower properly. Ornamental plantings such as Ficus,Coco plum,Podocarpus and Eugenia will be mechanically sheared. Landscape Florida will trim the various types of ornamental plantings throughout the year at the time that best promotes correct horticultural growth and helps maintain a neat and natural appearance while promoting a healthy plant. TREE CARE: Landscape Florida will lift trees(up to 14 feet)on an"as needed"basis throughout the year,with regular monitoring between heights of 7 feet to 14 feet for dead limbs and sucker growth. Tree care will conform to applicable county codes. "Structural pruning" as performed a by Certified Arborist is not included in this proposal but can be provided upon request.Citrus tree varieties are not covered under this provision.Annual native cleaning not included but available for additional fee. PALM TRIMMING: Landscape Florida will remove dead and dying fronds and seedpods up to reachable heights(14 feet)from the ground with pole trimmer. Palm trimming will conform to applicable county codes. Landscape Florida will provide a palm trimming proposal above 14 feet as an extra service. WEED CONTROL BEDS & HARDSCAPES: Landscape Florida will perform weed control regularly throughout the term of this Agreement, using its best efforts to maintain the beds substantially weed-free at all times,provided there is a sufficient amount of ground cover base(mulch,pine straw,etc.)at a depth of 1 '/2 to 2 inches.Substantially weed-free beds are not guaranteed if parties other than Landscape Florida install ground cover. The four methods of weed control Landscape Florida will use in planting beds are proper mulching, the application of pre and post emergent herbicide,and manual removal. WEED CONTROL LAWN: Landscape Florida will use its best efforts to maintain lawns substantially weed-free at all times. It is understood 1 M2-10-10-09 Agenda Page#54 and agreed that certain weedy grasses such as crabgrass,Bermuda grass and carpet grass are not 100%chemically controllable. Landscape Florida agrees to treat such grasses chemically to the extent allowed by environmental laws but does not guarantee the elimination of these weeds. It is also agreed that certain infestations of undesirable grasses may require replacement of sod to repair the affected area(s) as an additional service. Landscape Florida will not be responsible for excessive weed growth if the irrigation system is managed,maintained,adjusted,or tampered with by others. IRRIGATION:Landscape Florida will perform a monthly inspection of the entire irrigation system to ensure that proper coverage is being supplied by the system. Landscape Florida will perform all routine maintenance, including cleaning of screens/heads, adjustments, etc. Any damages resulting from maintenance operations by Landscape Florida will be repaired at no additional cost. Repairs to valves,filters,spray heads,rotors or other components(line breaks and wire tracking not included)completed at the time of the monthly inspection,will be billed only for parts and not for additional labor. Repairs other than those made during routine scheduled irrigation system maintenance visits will be billed at($55)per man- hour plus parts and any required components. After flours Emergency Calls Billed at($82.50) per hour with a 3-hour minimum. Our irrigation services do not include the inspection or maintenance of the water supply,well or pump station.Should Landscape Florida have to wait more than 48 hours for approval of irrigation system repairs,Landscape Florida will not be responsible for the replacement of any turf or plant materials. If the irrigation system is operated by others,Landscape Florida is not responsible for losses to landscape materials.Landscape Florida is not responsible for utility bills associated with irrigation system failures and repairs. FERTILIZING: Landscape Florida will utilize different types of complete fertilizer through its researched special formulas. Turf will be fertilized four(4)times annually with ornamentals(unless specified otherwise in this Agreement),trees and palms fertilized three(3)times annually(unless specified otherwise in this Agreement). Landscape Florida reserves the right to change any formula of fertilizer due to weather,soil conditions,or specific plant requirements.In a county or municipality with an adopted fertilizer ordinance,the local ordinance shall prevail and serve as a guide to nutrient selection,applications and timing or frequency. INSECT CONTROL: Landscape Florida will perform insect control services on an"as needed"basis to reduce insect infestations in ornamental plantings and turf areas. Landscape Florida will not provide a blanket spray program;rather it will treat affected turf and shrubs to keep insects to a manageable state,which can help reduce the harm to turf and ornamentals. Landscape Florida cannot guarantee the control of all harmful insects due to the possible existence of chemically resistant strains and environmental restrictions governing the use of pesticides. If additional spraying or changes in treatment are required to control any infestation,the Client will be notified and charged per application.Preventative treatments for pests such as spiraling or ficus whitefly are provided for an additional fee. SEASONAL SERVICES:Annual Bedding plants,bed solarization,mulch,and tree trimming above 14 feet&arbor care arc additional services and are available from Landscape Florida at an additional cost. Ilowever, Landscape Florida will maintain bedding plants furnished and installed by Landscape Florida. INSPECTIONS: Landscape Florida staff will conduct regular visits to review the health and tidiness of the landscape. A walk-through between Landscape Florida and a designated contact with the contracted client can be arranged upon request.The designated contact(s)are:Katie Maline of Key Marco CDD and Landscape Florida's Contact will be Eric Evans and Landscape Florida's Client Request System. SITE CONDITIONS:This Agreement is valid solely for plant material and irrigation systems existing at the time of this Agreement. If additional plant material or irrigation systems are added to those in existence at the time of Execution of this Agreement,Landscape Florida reserves the right to amend this agreement and increase the monthly billing amount to reflect the additional cost of services performed. Landscape Florida does not provide services to private lanai or screened in locations. Landscape Florida does not provide reimbursements for expenditures made without our approval.Any damages to property(lighting,screen cages.etc)must be reported for review and any reimbursements must expressly pre-approved by Landscape Florida. FUEL SURCHARGE: In the event Landscape Florida's price for mid-octane gasoline shall exceed$4.00 gallon,a fuel surcharge of one percent (1%)will he added to the monthly service and will remain in place until the price of mid-octane gasoline falls below$4.00 per gallon. STORM DAMAGE: In the event of storm or hurricane damage,Landscape Florida will provide landscape clean-up and horticulture correctional services as an additional service. WARRANTY:Landscape Florida will replace,at no additional cost,any plant material or turf grass that succumbs due to negligence on Landscape Florida's part during the term of this Agreement. Plants that succumb from old age or causes other than Landscape Florida's negligence are not covered under Landscape Florida's Warranty. Landscape Florida will not be responsible for any turf, ornamentals or trees that die if Landscape Florida is not in exclusive control of the irrigation system. Landscape Florida is not responsible for any power surges that may affect, in part or in total,the irrigation system. Landscape Florida is not responsible for damages done by other individuals,owners,employees or any contractor hired by the client,etc. Landscape Florida is not responsible for damages or delays due to Acts of God such as hurricane,wind,storm,lightening,rain, frost,freeze,etc.(precautions to prevent frost damage such as the covering of annuals can be done by Landscape Florida as an additional service). Landscape Florida neither makes nor implies any warranty as to the performance of any of the products to be used on lawn areas,shrubs or trees. Should Landscape Florida's monthly landscape management contract be terminated all warranties on materials provided and installed by Landscape Florida are considered null and void. 2 215261.4 10/21/20059 Agenda Page#55 CONTRACTOR'S PERSONNEL: All Landscape Florida personnel shall be considered to be at all times the sole employees of the Landscape Florida,under our sole control and direction and not an employee of the Client.Landscape Florida shall provide competent personnel trained in the care and maintenance of horticultural materials.Landscape Florida shall provide an Account Manager to oversee and direct our on-site foremen and their crew and activities. Staffing levels, frequencies,seasonal adjustments and scheduling is at the sole discretion of Landscape Florida and will fluctuate throughout the year.All Landscape Florida personnel will be uniformed,clearly identifying them as a member of our staff and will be as clean and neat as working conditions permit.All employees of Landscape Florida will be compliant,at all times,with all applicable State and Federal laws and Landscape Florida hereby holds Client harmless against any claim resulting from any non-compliance or violation.Contract is not based on assigned crew sizes and staffing levels and scheduling of services are provided at the sole discretion of Landscape Florida and may fluctuate seasonally and based on activities performed. Service interruptions caused by conditions outside of Landscape Florida's control(rain, lightening, property access,etc)may impact scheduled visits and missed time is not guaranteed to be replaced. INDEMNIFICATION:Landscape Florida will only indemnify Client for any damages,claims,or causes of action arising from gross negligence or willful misconduct on the part of Landscape Florida,its employees,sub-contractors or agents. STANDARDS: The parties agree that Landscape Florida will have complete discretion as to all horticultural decisions.Maintenance standards vary by plant material,season,climate zone&application.Landscape Florida's Standards are based on the services,management activities,products and frequencies indicated in this contract form and the attached Schedule of Services. PAYMENT TERMS: Monthly invoices will be rendered on the first of each month and are due within 30 days of the invoice date. A finance charge,to the maximum extent allowed by Florida law,will be applied to invoices not paid within 15 days of the due date. If payments are not made within 15 days of the invoice due date, Landscape Florida reserves the right to terminate this Agreement,without notice,and it is agreed that any agreement for services or product and associated limited guarantees for such,will be null and void. Any agreed upon waiver of a time limit in the payment terms on any invoice shall not equate to a waiver of payment terms for any other current or future invoice. INSURANCE: Landscape Florida will maintain throughout the term of this Agreement general liability insurance,broad form contractual liability insurance, and Workers Compensation insurance to meet statutory requirements. Landscape Florida shall provide no less than $1,000,000.00 combined limit insurance coverage. At the Client's request, Landscape Florida will furnish a Certificate of Insurance describing all insurance coverage in effect. TERMINATION: This Agreement may he terminated fur cause(reasonable documented dissatisfaction with performance)with a 60-day written notice,delivered registered mail return receipt by either party. If the Agreement is terminated before the full contract term,any invoices owed to Landscape Florida at the time of termination will become immediately due and payable(Late Fees and Finance Charges may apply.) Both parties agree to meet 60 days prior to this agreement's natural expiration to negotiate renewal and possible increases in contract value. DISPUTES: Any controversy or claim arising out of or relating to this Agreement,or breach thereof,shall be adjudicated in Collier County,Florida courts and in accordance with Florida law. The prevailing party shall be entitled to recovery of their entire amount of attorney's fees and costs. GENERAL: This Agreement is based only on the execution of services as defined in this Agreement. Services other than those defined in this document are additional services not included in this Agreement. Additional services are to be ordered and agreed to separately. Additional services will be billed in addition to the monthly contracted amount. Care of specialty plant materials (citrus, edible plants, orchids, roses, etc) are not included. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties,and no representation or other commitment, whether oral or in writing,not included herein shall constitute a part of this Agreement. AMENDMENT: This Agreement may be amended only by an agreement in writing executed by both parties. SEVERABILITY:In the event that any provision of this Agreement should be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof. This proposal,#1190025 created 4/1/19 may be withdrawn if not accepted with 30 days. Authorized Signature Date Landscape Florida Date Print Name/Title Print Name/Title 3 M2-10-10-09 Agenda Page#56 LAN DSC:APF: ORIDA LANDSCAPE FLORIDA GROUNDS MAINTENANCE AGREEMENT #1190026 This agreement as dated is between Paid monthly to Landscape Florida: "Landscape Florida"and"Key Marco HOA" $3,146.75 Per Month Thereafter referred to as"Client." HOA—San Marco Area,Boat Storage Marina Parking&Ramp,Shell Mound This agreement shall he for the The billing address is as follows: Key Marco HOA Key Marco HOA Whiskey Creek Drive C/O Katie Maline Marco Island,FL 34145 505 Whiskey Creek Drive Marco Island,FL 34145 Contact:Eric Evans Contact Person:Katie Ma line Phone#:(239)643-6124 Phone#:(239)394-4346 Fax#:(239)643-6413 Mobile#:(239)784-5110 Email:Fri cl: ir_l,<uuiscape Hari da.com Email:kat ield naeerkcsmarcuhoa.0rg ClientRequcstra,Landsca0el lorida.coin This Agreement shall run for a period of B-one-F veeo,❑two(2)years e4l.r. This Agreement shall commence on May 1,2019 and shall expire on April 30,2021 in accordance with the terms and conditions of this Agreement and any written addenda. PERFORMANCE DESCRIPTIONS&CONTRACT SERVICES PROVIDED BY LANDSCAPE FLORIDA: PLANT MATERIAL CARE: All plant material will be maintained in accordance with Landscape Florida's standards set forth below. Any deviation from Landscape Florida standards for trimming,pruning,and the cutting or treatment of turf must he agreed in writing between the Client and Landscape Florida. Services are not provided to internal courtyards, lanais or for patted plant materials unless specifically included in the agreement. MOWING: Landscape Florida will mow turf to maintain a proper height of 3 %to 4 1/2 inches, dependent on seasonal conditions. During the summer, growing season of April thru September, the turf will generally be cut every week. During the spring and fall months of October and March,the turf will be cut generally three(3)times per month. During the winter months of November thru February,the turf will be cut twice a month. The above listed frequencies serve as a general guideline.Mowing activities are performed"as needed"and as horticulturally appropriate. Landscape Florida will use a sharpened mower blade at all times to insure a clean and even cut,with turf height maintained at a height between 3'/2 to 4'h inches at all times. EDGING&BLOWING(Sidewalks,roadways,etc.):landscape Florida will perform edging at every visit,using conventional edging equipment. Soft edging(tree wells,shrubbery beds,etc.)will be performed with every other mowing using mechanical edgers. Hard surfaces will be blown off at each visit and following pruning activities. PRUNING&SHEARING: Landscape Florida will use its best efforts to maintain uniform plant appearances,use proper horticultural practices for all ornamental shrubs,and maintain existing ground covers.Flowering ornamentals such as Ixora,Plumbago,IIibiscus will be pruned as needed in effort to allow the plant material to flower properly. Ornamental plantings such as Ficus,Coco plum,Podocarpus and Eugenia will be mechanically sheared. Landscape Florida will trim the various types of ornamental plantings throughout the year at the time that best promotes correct horticultural growth and helps maintain a neat and natural appearance while promoting a healthy plant. TREE CARE:Landscape Florida will lift trees(up to 14 feet)on an"as needed"basis throughout the year,with regular monitoring between heights of 7 feet to 14 feet for dead limbs and sucker growth. Tree care will conform to applicable county codes. "Structural pruning"as performed a by Certified Arborist is not included in this proposal but can be provided upon request.Citrus tree varieties are not covered under this provision.Annual native cleaning not included but available for additional fee. PALM TRIMMING:Landscape Florida will remove dead and dying fronds and seedpods up to reachable heights(14 feet)from the ground with pole trimmer. Palm trimming will conform to applicable county codes. Landscape Florida will provide a palm trimming proposal above 14 feet as an extra service. WEED CONTROL BEDS & HARDSCAPES: Landscape Florida will perform weed control regularly throughout the term of this Agreement, using its best efforts to maintain the beds substantially weed-free at all times,provided there is a sufficient amount of ground cover base(mulch,pine straw,etc.)at a depth of t '/2 to 2 inches.Substantially weed-free beds are not guaranteed if parties other than Landscape Florida install ground cover. The four methods of weed control Landscape Florida will use in planting beds are proper mulching, the application of pre and post emergent herbicide,and manual removal. WEED CONTROL LAWN: Landscape Florida will use its best efforts to maintain lawns substantially weed-free at all times. It is understood M2-10-10-09 Agenda Page#57 and agreed that certain weedy grasses such as crabgrass,Bermuda grass and carpet grass are not 100%chemically controllable. Landscape Florida agrees to treat such grasses chemically to the extent allowed by environmental laws but does not guarantee the elimination of these weeds. It is also agreed that certain infestations of undesirable grasses may require replacement of sod to repair the affected area(s) as an additional service. Landscape Florida will not be responsible for excessive weed growth if the irrigation system is managed,maintained,adjusted,or tampered with by others. IRRIGATION:Landscape Florida will perform a monthly inspection of the entire irrigation system to ensure that proper coverage is being supplied by the system. Landscape Florida will perform all routine maintenance, including cleaning of screens/heads, adjustments, etc. Any damages resulting from maintenance operations by Landscape Florida will be repaired at no additional cost. Repairs to valves,filters,spray heads,rotors or other components(line breaks and wire tracking not included)completed at the time of the monthly inspection,will be billed only for parts and not for additional labor. Repairs other than those made during routine scheduled irrigation system maintenance visits will be billed at($55)per man- hour plus parts and any required components. After Hours Emergency Calls Billed at($82.50)per hour with a 3-hour minimum. Our irrigation services do not include the inspection or maintenance of the water supply,well or pump station.Should Landscape Florida have to wait more than 48 hours for approval of irrigation system repairs,Landscape Florida will not be responsible for the replacement of any turf or plant materials.If the irrigation system is operated by others,Landscape Florida is not responsible for losses to landscape materials.landscape Florida is not responsible for utility bills associated with irrigation system failures and repairs. FERTILIZING:Landscape Florida will utilize different types of complete fertilizer through its researched special formulas. Turf will be fertilized four(4)times annually with ornamentals(unless specified otherwise in this Agreement),trees and palms fertilized three(3)times annually(unless specified otherwise in this Agreement). Landscape Florida reserves the right to change any formula of fertilizer due to weather,soil conditions,or specific plant requirements.In a county or municipality with an adopted fertilizer ordinance,the local ordinance shall prevail and serve as a guide to nutrient selection,applications and timing or frequency. INSECT CONTROL: Landscape Florida will perform insect control services on an"as needed"basis to reduce insect infestations in ornamental plantings and turf areas. Landscape Florida will not provide a blanket spray program;rather it will treat affected turf and shrubs to keep insects to a manageable state,which can help reduce the harm to turf and ornamentals. Landscape Florida cannot guarantee the control of all harmful insects due to the possible existence of chemically resistant strains and environmental restrictions governing the use of pesticides. If additional spraying or changes in treatment are required to control any infestation,the Client will be notified and charged per application.Preventative treatments for pests such as spiraling or ficus whitefly are provided for an additional fee. SEASONAL SERVICES:Annual Bedding plants,bed solarization,mulch,and tree trimming above 14 feet&arbor care are additional services and are available from Landscape Florida at an additional cost. However,Landscape Florida will maintain bedding plants furnished and installed by Landscape Florida. INSPECTIONS: Landscape Florida staff will conduct regular visits to review the health and tidiness of the landscape. A walk-through between Landscape Florida and a designated contact with the contracted client can be arranged upon request.The designated contact(s)are:Katie Maline of Key Marco CDD and Landscape Florida's Contact will be Eric Evans and Landscape Florida's Client Request System. SITE CONDITIONS:This Agreement is valid solely for plant material and irrigation systems existing at the time of this Agreement. If additional plant material or irrigation systems are added to those in existence at the time of Execution of this Agreement,Landscape Florida reserves the right to amend this agreement and increase the monthly billing amount to reflect the additional cost of services performed. Landscape Florida docs not provide services to private lanai or screened in locations. Landscape Florida does not provide reimbursements for expenditures made without our approval.Any damages to property(lighting,screen cages,etc)must be reported for review and any reimbursements must expressly pre-approved by Landscape Florida. FIIEL SIIRCHARGE: In the event Landscape Florida's price for mid-octane gasoline shall exceed$4.00 gallon,a fuel surcharge of one percent (1%)will be added to the monthly service and will remain in place until the price of mid-octane gasoline falls below$4.00 per gallon. STORM DAMAGE: In the event of storm or hurricane damage,Landscape Florida will provide landscape clean-up and horticulture correctional services as an additional service. WARRANTY:Landscape Florida will replace,at no additional cost,any plant material or turf grass that succumbs due to negligence on Landscape Florida's part during the term of this Agreement. Plants that succumb from old age or causes other than Landscape Florida's negligence are not covered under Landscape Florida's Warranty. Landscape Florida will not be responsible for any turf,ornamentals or trees that die if Landscape Florida is not in exclusive control of the irrigation system. Landscape Florida is not responsible for any power surges that may affect, in part or in total,the irrigation system. Landscape Florida is not responsible for damages done by other individuals,owners,employees or any contractor hired by the client,etc. Landscape Florida is not responsible for damages or delays due to Acts of God such as hurricane,wind,storm,lightening,rain, frost,freeze,etc.(precautions to prevent frost damage such as the covering of annuals can be done by Landscape Florida as an additional service). Landscape Florida neither makes nor implies any warranty as to the performance of any of the products to be used on lawn areas,shrubs or trees. Should Landscape Florida's monthly landscape management contract be terminated all warranties on materials provided and installed by Landscape Florida are considered null and void. 2 218261.4 10/21/20059 Agenda Page#58 CONTRACTOR'S PERSONNEL: All Landscape Florida personnel shall be considered to be at all times the sole employees of the Landscape Florida,under our sole control and direction and not an employee of the Client.Landscape Florida shall provide competent personnel trained in the care and maintenance of horticultural materials.Landscape Florida shall provide an Account Manager to oversee and direct our on-site foremen and their crew and activities. Staffing levels, frequencies,seasonal adjustments and scheduling is at the sole discretion of Landscape Florida and will fluctuate throughout the year.All Landscape Florida personnel will be uniformed,clearly identifying them as a member of our staff and will be as clean and neat as working conditions permit.All employees of Landscape Florida will be compliant,at all times,with all applicable State and Federal laws and Landscape Florida hereby holds Client harmless against any claim resulting from any non-compliance or violation.Contract is not based on assigned crew sizes and staffing levels and scheduling of services are provided at the sole discretion of Landscape Florida and may fluctuate seasonally and based on activities performed. Service interruptions caused by conditions outside of Landscape Florida's control(rain, lightening, property access,etc)may impact scheduled visits and missed time is not guaranteed to be replaced. INDEMNIFICATION:Landscape Florida will only indemnify Client for any damages,claims,or causes of action arising from gross negligence or willful misconduct on the part of Landscape Florida,its employees,sub-contractors or agents. STANDARDS: The parties agree that Landscape Florida will have complete discretion as to all horticultural decisions.Maintenance standards vary by plant material,season,climate zone&application.Landscape Florida's Standards are based on the services,management activities,products and frequencies indicated in this contract form and the attached Schedule of Services. PAYMENT TERMS: Monthly invoices will be rendered on the first of each month and are due within 30 days of the invoice date. A finance charge,to the maximum extent allowed by Florida law,will be applied to invoices not paid within 15 days of the due date. If payments arc not made within 15 days of the invoice due date, Landscape Florida reserves the right to terminate this Agreement,without notice,and it is agreed that any agreement for services or product and associated limited guarantees for such,will be null and void. Any agreed upon waiver of a time limit in the payment terms on any invoice shall not equate to a waiver of payment terms for any other current or future invoice. INSURANCE: Landscape Florida will maintain throughout the term of this Agreement general liability insurance,broad form contractual liability insurance, and Workers Compensation insurance to meet statutory requirements. Landscape Florida shall provide no less than $1,000,000.00 combined limit insurance coverage. At the Client's request, Landscape Florida will furnish a Certificate of Insurance describing all insurance coverage in effect. TERMINATION: This Agreement may he terminated for cause(reasonable documented dissatisfaction with performance)with a 60-day written notice,delivered registered mail return receipt by either party. If the Agreement is terminated before the full contract term,any invoices owed to Landscape Florida at the time of termination will become immediately due and payable(Late Fees and Finance Charges may apply.) Both parties agree to meet 60 days prior to this agreement's natural expiration to negotiate renewal and possible increases in contract value. DISPUTES: Any controversy or claim arising out of or relating to this Agreement,or breach thereof,shall be adjudicated in Collier County,Florida courts and in accordance with Florida law. The prevailing party shall be entitled to recovery of their entire amount of attorney's fees and costs. GENERAL: This Agreement is based only on the execution of services as defined in this Agreement. Services other than those defined in this document are additional services not included in this Agreement. Additional services are to be ordered and agreed to separately. Additional services will be billed in addition to the monthly contracted amount. Care of specialty plant materials (citrus, edible plants, orchids, roses, etc) are not included. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties,and no representation or other commitment, whether oral or in writing,not included herein shall constitute a part of this Agreement. AMENDMENT: This Agreement may be amended only by an agreement in writing executed by both parties. SEVERABILITY:In the event that any provision of this Agreement should be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provision hereof. This proposal,#1190026 created 4/1/19 may be withdrawn if not accepted with 30 days. Authorized Signature Date Landscape Florida Date Print Name/Title Print Name/Title 3 M2-10-10-09 Agenda Page#59 Ke9 Marco CDD vms : arca sea+ . Jrori. Landscape Management rroposal 1 4:: Aop Art i LAN DS CAPE FLORIDA January 2, 201 9 Agenda Page#60 r x ''''''7".*an c r r' With over 75 years of £' {{ 9 T I; collective experience,our key € management team has been q � t { .,-.0"' .� s , Our roots in Southwest involved in many widely j € 1. Florida go back to 1987 acclaimed commercial and t � 9 1 Today,we're a full-service residential construction and "' � I. 1 __....--- `""'r landscape company landscape projects spanning I offering landscape design, f nit continents. i fro.- �^ ,,,,,,,......-- installation,irrigation, • ‘4' —:. -- __--- maintenance and I � pest control. -- _ sem; LANDSCAPE FLORIDA. =„, ' ' `' t ' WE'RE ANYTHING BUT GREEN. Y-` I With the exception of our thumbs. f ' 14. 11 f n y 'Vi LANDSCAPE FLORIDA 12745 Livingston Road Naples,Florida 34105 Tel:239.643.6124 Fax:239.643.6413 landscapeflorida.com Agenda Page#61 Asa v:. .14 LANDscApE FLORIDA Managing Your Living Assets! Landscape Florida is a full service landscape management company, serving our valued clients in Collier and Lee Counties since 1999.We offer a broad range of services including maintenance, irrigation, pest control and design & installation of new construction, enhancements & renovations.We take pride in providing Service, Quality & Expertise with everything we do. Agenda Page#62 Companj historj ,9 Landscape Florida was founded in 1999, when Evans Holdings Company purchased the Southwest Florida Division of Turner Tree & Landscape, which had been doing business in the market since 1987. With the formation of Landscape Florida, we expanded and added maintenance accounts, several of which we continue with today. We are a full-service landscape management company.We offer maintenance, pest control, irrigation and enhancement & installation services.We structure our organization to cater to the landscape maintenance, enhancement, renovation, installation and information needs of our clients. Landscape Florida professionals assist our clients with accessing their properties, developing specific service standards tailored to their property's needs, renovation design and installations, irrigation renovations and developing 5-year master plans to mitigate the budgetary impact of"wrong plant, wrong location"and the aging of plant materials. Smart Money magazine estimated that a property's landscape can add up to 15% to its value.We work with our clients to insure that this value is realized in our increasingly competitive real estate market. Landscape Florida clients can look forward to dealing with a dynamic team of motivated and knowledgeable professionals who are committed to providing Service, Qiality &Expertise. 414 if Agenda Page#63 services We rrovicle MAINIINANCE !:',\II,,i_1ri i,lr.i;,N �p1 l\ ' IAl LAT ION fears of experience haveofizet us _ ti ' + .`1 it's all about �'i• ,. ,P keeping youredge. All a f > ` I RL E SCli I t. I Beauty may be in the eye of the beholder, When it corn eeto but it begins in the creat'in g environments, hands of the designer, we ve been know to break new ground. IRRIGATION FEST CON llti)l. -/,: We're not interested jr in cutting comers, ' We're too busy with 1 palm fronds. i a Some companies OL''11)00It IIGlifING water your lawn. To put it simply, We shower it when you hire experts, with expertise. you don't get stung. The key to creating atmosphere Is lobe full of brilliant ideas. Landscape Florida is a full service landscape '''44. 0 N management company, serving our valued clients �� in Collier and Lee Counties since 1999.We offer a LANDS CAPE broad range of services including maintenance, FQ I RI D A irrigation, pest control and design & installation of L� V enhancements and renovations.We take pride in providing Service, Quality &Expertise with everything we do. Agenda Page#64 pedal 5ervice5 Landscape Florida's Special Services Team provides a wide variety of enhancements, upgrades, seasonal landscape activities & unique features to suit all our client's needs. . . ;6°1 : ,,,, 1 1 j 67 ... .. *.rte. .•, '' 41 i6119 VW Specialized )0f .'',:$ ; Design r Gardening It O 4;; 2 Renovation & Services --'.= Enhancements 4 Annual Bedding Plants Ott r Mulch & Pine Unique Products Straw and Ideas II Vii Agenda Page#65 Management Team Eric Evans:President & COO Eric has been with Landscape Florida,in nearly every capacity, since 1999.With a varied background,ranging from the Walt 'N. Disney Company to CBS Television and World Cup Soccer,he 1 brings a wide range of valuable skills and experience to i :.� Landscape Florida and our Clients.Today,Eric serves as 4. President and COO and works hard to implement and ensure ' delivery of our programs and services to Clients and to add valued new Clients to serve. Eric and his wife Tessa have three young sons and enjoy travel,boating and new experiences. k1/4, ,. „ , , Sandy Johnson: Finance,Administration & HR Sandy has been a long time friend of our firm, having worked for "'N., ooll Landscape Florida extensively for several years and now recently A returning to resume her role serving our Accounting, Financial & Human Resources needs. She delivers with decades of Accounting and Human Resources experience and is well IL4 ', ,:immiti If'"ti .,s ..* i regarded by our clients and business partners alike! If you need anything,she is always here to help! Michael Brown:Director of Operations t, h. I Michael has been with Landscape Florida since 2009 and has served many managerial and operational roles. He has an It extensive background in irrigation system installation, ,."` Alt operation,diagnostics and repairs. Michael works hard everyday •,,,.t,' i, to oversee and implement our services,provide direction to field �. ;,„ operations and support for our clients.An avid outdoorsman, Michael and his wife and daughters enjoy time away in Florida's great outdoors. <. • i ' JuanTorres Manager of Operations & Client Services _._.. Juan's role is to ensure that our Clients' have the best experience possible with Landscape Florida. Supported by his extensive background in maintenance,pest management and irrigation, Juan oversees our custom client request system, performs IP detailed property reviews and provides planning and ' enhancement programs to our clients.Juan and his family enjoy time together doing all that Naples has to offer! It VI, Agenda Page#66 5ample5 of Our Work : . %4 ‘A' .., 4 •, 1. 4 ,..„ec 4., to. , , ..ittai., ,., _ . •,„ „s• -. i.. .,:tirs-7,. . : , 4*..,..•, 4 :,10,ni,- " , ,,;'f, . - NI I* t ' II ....1'..,'- ''„,t "c OA l',". 7.1 .' .;•"'.,-.'''' - IINIP :,,. .4,,-. 1 i, '''''' - •''S'i ':''' • "' • -- ' ' . ,....., • ...., -, i'' • • ,,. i • ,,,4 .,. ,..,.. it I . iik 077;440.,„ ,, , . ,_ ...al,n0119i - • : t2tilitiola-xli .. .....2 . . •; .1.7---7. ';:_, - ' 4 .,. ......- --..,..--_,-.... -,' -.,::- - .,:::::::•-f-'',t4--,-..--,,-‘--t, s--•,artr-;;',`",•70- - „... •, ---:- --.7,-,-?„---4-1.--.,•,-.11,---t..,:•,•-.:„. 1:F7-6'7.'_ . ',-\---..,,f,,_,.- , ' '7.°"‘V,A:7.0::",., -.• - %kg VI/ Agenda Page#67 1 ,anclscape e Management, Master Associations and Common Areas: " K'" `- We have the resources, capabilities and staff to » 'it -,..:,',f_tAiii.i provide landscape management for large scale F' landscapes such as community common areas, °,,,� ,.# '** roadways and amenities. Our landscape '` - management programs are designed to maximize value and appeal of the landscape. . .. Condominium and Homeowner 1,,wr,..-,...-,... Associations: Based on our experience with a - variety of community associations, condominiums ,t A ,t-,, and residential properties, we are prepared to meet the needs of your property. Ultimately our goal is to deliver Service, Q iality &Expertise and A - Y enhance the value of the our client's properties. ,,-----7 . Luxury Towers:We are pleased to provide a i r wide range of service levels for our exclusive K tower property clients ranging from our standard a .I- full service contracts to unique on-site gardener offerings. Landscape Florida scope of work: ;; Landscape Maintenance, Design, Installation, - ° w -' - � Irrigation and Pest Control. �° Resort, Commercial & Professional Centers:We specialize in servicing all type of is..., .,. professionally managed properties.We employ all .., _. - our programs & resources in building long-term . I partnerships with property, facility and leasing .. ; � iy ' • *.;-_ managers. A Agenda Page#68 roj e cts, . "gf "; Large Scale Design, Renovations & ks,. # Enhancements: Recently, we have been working on a wide range of landscape renovation & enhancement projects for entire communities. Landscape Florida scope of work: Design, kit1 , Installation & Irrigation. Contract Values: -, . .. : :. . _ -, µ $5,000 to $250,000+. ,""11. -.1, -t ► " Tower Projects:We have completed several challenging roof-top garden projects for clients in Naples' most prestigious communities. 1 Landscape Florida scope of work: Design, Installation, Irrigation, Heavy Equipment, Lighting Projects. Contract Values: from ,eytp- It 5 0 275 000 $3 ,O Oto $ . -,,,,•,;-';',--1Unique Luxury Resort Projects: From \ 4r ' ':; ` K-,, drainage and irrigation renovations to lush tropical planting environments and outdoor LED lighting c we can help you.This photo depicts a recent total :; .,;' it renovation and enhancement project designed and kf .w ' completed by our team for the Naples Grande . � � I Beach Resort! Contract Value: $34,000 Agenda Page#69 Anel more... ' Estate Home Projects:We offer landscape installation services for a wide variety of high end .,-*. estate home and luxury residential properties. Landscape Florida scope of work: Landscape fi t ; t Installation, Irrigation,Turf& Lighting. Contract _ Values: $25,000 to $350,000. Unique Projects:We completed a one of a kind ., .. Design-Build project in Everglades City.We x , r i ; designed and installed the landscape for 28 homes ,f and a clubhouse on an island in the Barron River. Landscape Florida scope of work: Design, Installation and Irrigation. Special Services: Annuals, Mulch, Landscape ---' Enhancements, Installations Renovations, Irrigation and Outdoor Lighting are all provided by our Special Services Department.We dedicate our resources and focus our energy into providing a full-range of services to our Maintenance Clients °41*./*. `► 4. and their needs. From small projects to large ones, `li -t, ,, we have the experience, knowledge and ability to deliver for you. 41411411// Agenda Page#70 What Our Clients a 1/49 "Thank you for every single detail.All the ,efforts made will assist in the highest score.Many thanks to you and your team! "Resident Manager—Pelican Bay Resort Tower "Your services are excellent and we are very pleased. Our landscape worries are over."Board President —Community in Grey Oaks "We are very pleased with the performance and feedback ofyour company representatives.We have not had one complaint since you took over the contract."Property Management—Community in The Vineyards "I wanted to let you know that we have certainly noticed the significant improvements in the landscaping (since Landscape Florida started)at our facilities. Thank you." Chief Operating Officer—Multi-site Medical/Hospital Campuses Landscape Florida has offered consistently excellent maintenance and exceptional service to us for many years.We are happy to have them as our landscape vendor."Property Manager—LuxuryTower in Pelican Bay "We are very satisfied with your work.Your crews are veryfriendly and accommodating."Board Member—Community in Pelican Sound Golf&River Club "You guys are excellent!Keep up the good work."Property Management—North Naples Master Association `Everyone I have spoken to really likes the new entry way!It has opened up the property so much and the coleus will add the punch we were looking for.As I said yesterday,it is so pleasant to work with landscape Florida.All of you know what you are doing and pay attention to what is going on here at Terra Verde.I was especially pleased with the clean up joh your men did every night when the renovation was going on.It never really looked as though we were torn up.Your guys were also veryfriendly and knowledgeable when I would ask questions.Landscape Chair—Community in Grey Oaks "I want to take a moment to thank all of the folks at Landscape Florida f it the fast and excellent response following Hurricane Wilma..."`It is refreshing to work with professionals like you...'F`It was important to report to our homece that we could re-open for business within 48 hours..." Property Manager—Professional Office Complex in Pelican Bay "As Treasurer of our HOA I greatly appreciate the speedy and professional response to Account questions. Landscape Florida has provided very good response to problems/suggestions in a very professional manner. Use of email and internet is also a big plus with Landscape Florida."Board Member—Naples Homeowners Association Agenda Page#71 More Testimonials "Many thanks to Landscape Florida for following through with my request for some emergency landscaping for my party tonight.They did a beautiful job of giving us some temporaryflowers and I shall be proud to have our guests come to our front door.You are all much appreciated." Resident—Grey Oaks Community "Craig is very professional and responsive...''One thing that has really impressed me is the ability to design large projects something notfound in most landscape companies..." Property Manager—LuxuryTower in Pelican Bay "You are very good at getting back to me immediately."Property Manager—Bonita Bay Community "Communication and response from Account Manager is excellent!"Landscape Committee Member—Community in The Vineyards "Your people do a great job maintaining our property. Someone from Landscape Florida seems to always be crawling around our campus hard at work. I appreciate their efforts." Chief Operating Officer—Multi-site Medical/Hospital Campuses We feel that our landscaping relationship is a partnership,not just another vendor that is servicing our property.Landscape Florida offers us this professional partnership,meeting with us regularly to perform landscape walks so that we can communicate our maintenance and installation needs.They then offer us written communication from each of our landscape walks and we use that at subsequent walks as our follow up.They are never too busy to respond to our requests for service,with turnaround usually that same week.Landscaping is one of our most important first impressions of our community for everyone to see.I can offer my recommendation with no reservations of Landscape Florida for any of your landscaping needs. They are highly professional and offer optimal service in an area that is most important to any community."Property Manager—LuxuryTower in Pelican Bay `I have used Landscape Florida on three different properties for almost five years..."They have come to my rescue several times over those years..."I called Monday night at 8:OOpm about a very important inspection...Wednesday there was a crew here doing things I could not have imagined could have been done in such a short time span..."General Manager—Rental Communities `It would be a pleasure to recommend Landscape Florida to any prospective customer based on integrity, quality and value.""The changes brought about during our relationship have been nothing short of pe fection.The work promised was done to the highest standards and all fertilizer and plantings were of the best quality."Landscape Committee—Fort Myers Community Agenda Page#72 Tk e I ancisca e rioricia tclge' ,, At Landscape Florida, everything we do for our clients and their properties revolves around three k `° n' � .`f basic principles: Service, Quality & '" M Expertise. Our distinct focus on these r i �; simple, yet important principles is `� fy the driving force behind the f '� S. Landscape Florida Edge.We use the F a e4 -. M x''e' Landscape Florida Edge to set z �s $ .°!-,?.?'. xa., ` ourselves apart from all the other gii �, % �® landscape companies in Southwest SC LAN DAPE :' Florida. it.,'Ailers FLORIDA -,. ,,,,,i, „:„;.:3, What is the Landscape Florida Edge? It is a combination of training, incentive programs, operational procedures and client feedback that enable us to consistently provide timely delivery of services at high levels of quality. From daily operations to annual activities, the Landscape Florida Edge program is there for our clients and their properties to keep them informed, satisfied and confident in the value and performance they are receiving from Landscape Florida! Agenda Page#73 Tile I ancisea e rloricla `Jclge' Communication &'Technology:Our management team is provided with all the ,,, ~ latest in communication and technology,making it possible for us to respond to our . clients needs quickly,efficiently and with the highest levels of service possible.Each of our crew leaders and technicians have smart phones for communication.Our Operations Managers are equipped with tablets that work in real time to manage our resources and respond to client requests through our"live"work order system. We `v�""" also deploy specialized cameras for"Remote Property Tours"that are uploaded to our own YouTube channel for seasonal clients and utilize aerial imaging in much of our work. Needs Assessment Review and Program: This customized,unique and exclusive Landscape Florida program begins with complete photo documentation of our new client's landscape and is followed by a detailed analysis and report of the existing 0.vim conditions of the landscape and irrigation system. Once complete we review all items with our client and initiate the next phase of the program involving landscape improvements,design and enhancement projects to add beauty and value to the property.This detailed and extensive process is a very effective tool in our 1 . relationship with our client and in caring for their living assets!This service is a value added offering that we do not charge a fee to provide. ' Property Inspections&Client Request System: Completed by our Management jr k Team,our weekly property inspections allow us to provide for more attention to ��:�" " quality and the early identification of potential issues.These reviews tie directly into ;r r our'Live Client Request System"&Custom Landscape Florida APP using our { ` c; Management Team's devices to log items from landscape needs to irrigation and pest a.. ,. work logs.These items then appear on our crew leader's smart phones as their"to .,, _.''4do"list.Because this system is operating in real time we are able to respond quickly to needs and requests. ., Experts in Our Work:Landscape Florida clients benefit from the knowledge, I F experience and certifications of our Management Team.We are FNGLA(Florida r....11L„,_I� Nurseryman,Growers&Landscape Association)Certified Horticulture Professionals,we members of the ISA(International Society of Arboriculture),we ISA . A have a State of Florida Licensed Pest Control Operator on Staff,we participate in continuing education programs offered by the University of Florida and The Rookery , Bay Foundation and participate in a wide variety of industry related events. If your OF F[.ORIDA are lookingfor the highest levels of Service, unli�r�& Ex,ulise Landscape Florida ir�� AN,LA g � Expel ii.ie P is here for you. ;I X01 rrt 11 ' Resources: Unlike some of our competitors,Landscape Florida's Managers are in _ a —� iIt' • direct control of all of their resources.We have structured our company to cater �� specifically to the needs of professionally managed properties and all aspects of the '-' - work provided to our contracted landscape management services is handled in house , ,.,... f -,.2..q.'...----- vW and under our direct control. litf0 VI Vi Agenda Page#74 W Unified Crews:Landscape Florida sets itself apart operationally from some of our larger competitors by deploying what we refer to as Unified Crews.This approach commits our resources to our client's properties on an ongoing basis and allows us lit. IIIto continually provide services like pruning of plant materials to eliminate the need '•' _ I �' " for the dreaded property-wide gas shearing of all plants on a rotating basis.It also ,' enables us to be more responsive to client requests and needs. :7 Uniforms with a Purpose:A benefit of our Senior Management Team's 4441*, experience with the Walt Disney Company is our approach to the way we uniform our crews and technicians.Each team member is uniformed based on the task they perform.Crew leaders are dressed in tan so they can be easily identified by clients r by comparison to the crew members in blue.Irrigation technicians are dressed in orange so clients can visually recognize when an inspection or repair is being *.as At performed.Pest technicians dress is green so its apparent that chemical treatments �+ .--i— are happening. We have found this uniform system to be very helpful and appreciated by our clients for on more added level to our services! Special Services and Protects:Landscape Florida believes in quality and r, ;; Agenda Page#75 .^a r 4011 Vk LAN DSCAPE FLORIDA Proposed Contract: Key Marco CDD Maintenance Objective: To enhance the landscape and outdoor environment and add value to the property through the implementation and execution of Landscape Florida's Full-Service Monthly Landscape Management Package, including the Landscape Florida `Edge' program. Scope of Work: Full Service Package See the following "Proposal Methodology & Descriptions" See also Client Provided RFP Information (attached) Agenda Page#76 Key Marco CDD Package Proposal Methodology and Descriptions* The following represents the process,methodology and details°Chow Landscape ® has prepared this proposal package zinc'is intended to clarity the seopc(s)of Aft ® FloridaFl work and discrepancies between our full-service offerings and verbiage contained in LAN DSCAPE the RFP: FLORIDA • Mowing,Edging&Trimming of Ornamental Shrubs up to 12 ft height(Full- Service) o Included as Specified • Fertilization,insect&Fungicide Treatments(Full-Service) o Included o Landscape Florida employs custom blended,slow release,golfeourse grade professional fertilizer product.All product and applications adhere to or exceed Marco Island Ordinances. o Insect program includes inspection and treatment as needed for chinch bug, scale and whitetly and other pests.In addition to our weekly crew site visit inspections,our State Certified Pest Control License i Iokier also regularly visits the property. • In dee interest o/'the sensitive environmental surroundings at Key March. Landscape Florida highly recommends a program we offer to reduce the volume of fertilizer required while enhancing dee vitality(j/Vows and nal by tray r f an all-natural biological growth enhancer. be are happy to tell you more about this fitrrictstio program. • Mulching a Provided as an additional service. o RIP specifies depths of I",2"and 3"in different sections,impacting the quantity of bags required based on our measurements of the planting spaces, o See included proposal for mulch installation. • Irrigation Repairs,Maintenance,Routine Wet Checks&Water Quality Testing o Included a Landscape Florida will visually inspect the system on a weekly basis. a Instead of providing a standard one time per month wet check,Landscape Florida will inspect and test the system on a bi-weekly basis(1/2 of the system at a time)in order to provide a more frequent presence on property. a No specifications were provided on Water Quality Testing. • Arbor Care o Landscape Florida partners with an established,licensed and certified arborist to perform arbor care services.Through our partnership,we manage their work for you as our client to insure scheduling,delivery of services and quality of work. a instead o/providing a traditional tree/palm count/price,we have worked with our Arbor Care provider to do a detailed review of the condition of rite trees and palms on site and ultimately establish a program to rejuvenate and care for the materials.Details are provided in this package. • Exotic Maintenance&.Vine Management 12745 Livingston Road a No detailed specifications included. Naples,Florida 34105 c For locations above 12 feet height we have included information from our Arbor Care partner. (239)643.6124 For locations below 12 feet height our crews will perform. Fax:(239)643-6413 The above information is provided as additional clarification for the scope of work.Over all, wwrvv.tandscapeflorida corn we have reviewed the Key Marco CDD as a full-service scope of work/project and worked diligently to follow the items laid out in the RFP. We look forward to reviewing our proposal and comments with you personally soon •In performing our detailed review.we idcndrted some discretlnacies in the scope or work and have prepared this infinmation to help clarify. Agenda Page#112 Nage 12 Work Area Number 1 San Marco Road Mowing and Edging: Total Square Footage for mowing and edging:35,016 ft Fertilizer Application(must be in accordance with City of Marco Island code requirements) Shrubs footage calculations include shrub and groundcover-planting beds. Transportation Blend (8-2-12)is used for the Total Coverage Area indicated in this calculation. Palm Specific Fertilization to occur at lead 2 time per year. Transportation Blend(8-2-12 Calculations based on 50-pound bag. Total square footage for shrub fertilization: 7240ft Months Formulation _ Application Rates February 8-2-12 1.5 lbs/ 100 sq.ft. May 8-2-12 1.5 lbs/100 sq.ft. June 0-0-22 10.0 lbs/100 sq.ft. August 8-2-12 1.5 lbs/100 sq.ft. October 0-0-22 10.0 lbs/100 sq.ft. November 8-2-12 1.5 lbs/100 sq.ft. Mulching: The mulch application is 1"to 2"of mulch using two cubic feet bags of 100%Premium Cypress. No blends or dyes. Total square footage for mulching: 7240ft Total number of bags of mulch at 2": 580# See attached Mulch Program Sheet for Totals and Pricing Based on Truckload Deliveries Agenda Page#113 Page 13 Work Area Number 2 Whiskey Creek Drive Mowing and Edging: Total Square Footage for mowing and edging:308,547 ft Fertilizer Application must be in accordance with City of Marco Island code requirements: Shrubs footage calculations include shrub and groundcover-planting beds. Transportation Blend (8-2-12)is used for the Total Coverage Area indicated in this calculation. Palm Specific Fertilization to occur at lead 2 time per year. Transportation Blend(8-2-12 Calculations based on 50-pound bag. Total square footage for shrub fertilization: 26,683ft Months _ Formulation Application Rates February 8-2-12 1.5 lbs/100 sq.ft. May 8-2-12 1.5 lbs/100 sq.ft. June 0-0-22 10.0 lbs/100 sq.ft. _ August 8-2-12 1.5 lbs/100 sq.ft. October 0-0-22 10.0 lbs/100 sq.ft. November 8-2-12 1.5 lbs/100 sq.ft. Mulching: The mulch application is 1"to 2"of mulch using two cubic feet bags of 100%Premium Cypress. No blends or dyes. Total square footage for mulching: 26,683ft Total number of bags of mulch at 2": 2100# See attached Mulch Program Sheet for Totals and Pricing Based on Truckload Deliveries Agenda Page#114 Pag4 Work Area Number 3 Blue Hill Creek Drive Mowing and Edging: Total Square Footage for mowing and edging: 181,024 ft Fertilizer Application must be in accordance with City of Marco Island code requirements: Shrubs footage calculations include shrub and groundcover-planting beds. Transportation Blend (8-2-12)is used for the Total Coverage Area indicated in this calculation. Palm Specific Fertilization to occur at lead 2 time per year. Transportation Blend(8-2-12 Calculations based on 50-pound bag. Total square footage for shrub fertilization: 17,198ft Months Formulation Application Rates February 8-2-12 1.5 lbs/100 sq.ft. May 8-2-12 1.5 lbs/100 sq.ft. June 0-0-22 10.0 lbs/100 sq.ft. August _ 8-2-12 1.5 lbs/100 sq.ft. October 0-0-22 10.0 lbs/100 sq.ft. November 8-2-12 1.5 lbs/100 sq.ft. Mulching: The mulch application is 1"to 2"of mulch using two cubic feet bags of 100%Premium Cypress. No blends or dyes. Total square footage for mulching: 17,198ft Total number of bags of mulch: 1350# See attached Mulch Program Sheet for Totals and Pricing Based on Truckload Deliveries Agenda Page#115 Pad E I5 KEY MARCO CDD REQUEST FOR QUOTATION RFQ Number 001 PRICING INFORMATION LAN DSCAPE FLORIDA Monthly Landscape Management Program Mowing, Edging, Blowing,Trimming& Pruning,Weed Management, Fertilizer &Pest Management Program, Irrigation Management Testing& Repairs, Exotic and Vine Management* Below 12 feet): San Marco Area: $3,356.75 Whiskey Creek Drive Area $4,745.75 Blue Hill Creek Drive Area $3,472.50 TOTAL: $11,575.00 Per Month Mulch Program (At 2"depth) $15,361.50 Tree, Palm and Exotics Above 12feet(see notes) $25,300.00 *Exotic&Vine Management Below 12 feet refers to the road ways sides only for the purposes of keep growth back away from the manicured landscape in common areas. Agenda Page#117 P 7 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSAL NUMBER 001 PROPOSAL PAGE Due Date: No later than 3:00 p.m. on January 3,2019 The undersigned,as estimator, hereby declares that the firm has examined the specifications and is informed fully in regard to all terms and conditions pertaining to the project and,if this Proposal is accepted,to furnish same in full, according to the following: IN WITNESS WHEREOF,WE have hereunto subscribed our names on this 2nd day of January 2019 in the County of Collier, in the State of Florida. EVANS HOLDINGS,LLC (DBA LANDSCAPE FLORIDA) hi>ia`i Firm's Complete Legal Name (239)643-6124 Ext 2 Office Telephone Number Extension EricE@LandscapeFlorida.com www.LandscapeFlorida.com Email Address Website Address 12745 Livingston Road Address Naples FL 34105 City State Zip Signature President&Chief Operating Officer Title Eric R Evans January 2,2019 Print Name Date SEE ATTACHED Florida Permits and Licenses Held (please attach copies) Agenda Page#118 Page 18 Exhibit A Specifications These specifications are intended to provide the information by which prospective bidders may understand the minimum requirements of the District relative to entering into a Contract to furnish,deliver and provide services related to Landscape Maintenance for the District Road Right-of-Ways within the boundaries as stated in the Project/Roadway specs. All sections of the General Specifications may not be applicable to all roadway segments listed. The work covered by this Contract requires 3 days per week servicing of roadway areas designated as described in the specifications. This requires the furnishing of all labor,equipment, materials and services necessary to satisfactorily perform grounds maintenance, as determined by the District Manager or the designated Owner's Representative as follows: The areas of work included in these specifications are located as described below and as shown on the plans attached to these specifications to include medians,side rights-of-way, retention areas,sidewalks,curbing,guardrails,landscaping, and irrigation as described in this contract,being described. Specifications Mowing and Edging Mowing and edging shall take place in all areas marked on the attached Exhibits,A,B,and C and include medians as well as those areas,if existing, along the outside edge of the sidewalks of adjacent properties that are not currently being maintained by the property owners. Right-of-Way mowing and/or weed control is required from back of curb and/or sidewalk to the Right-of-Way line(30 feet from the center line of the road). Swale areas must be kept under control throughout the year and turf should not block drainage. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary,the bagged clipping shall be collected and removed at no additional costs to the CDD. Grass shall be cut at a height at no less than three and one-half inches(3%2"),scalping is unacceptable. The frequency of cutting will be weekly or fifty-two(52)times for St.Augustine grass and twenty-six(26)times for Bahia grass or as designated by the District Manager or Owner's Representative. Depending on the budget frequencies may be reduced up to 33%. Unit prices shall reflect additional costs, if any. The number of mowing(s) may be modified at the discretion of the District Manager or Owner's Representative or by seasonal weather conditions. The height of the grass blade shall not exceed 7 inches. The Contractor shall use or alternate mowing practices,patterns,or equipment within narrow turf areas so not to create wheel ruts or worn areas in the turf. Any areas of turn that become water soaked during the period of this Contract shall be mowed with twenty-one-inch(21"+/-)diameter hand walk behind type mowers. The Contractor shall be responsible for repairing any ruts caused by their mowers at no additional costs to the CDD. Mechanical edging of the turf shall be done with each mowing along all sidewalk edges, back of concrete curbs,around all plant beds,utility service boxes,street light bases,sign posts,headwalls,guardrails,timer pedestals, posts and trees. Metal blade edging is not permitted along the backside of curbing. Grass root runners extending into mulched beds areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees,sprinkler heads,valve boxes, shrubs,sign posts, manholes,etc.where they exist. All debris on the streets, sidewalks or other areas resulting from mowing and edging shall be removed. Grass and weeds shall not be permitted to grow through the edge of pavement.There shall be a 2-inch gap between edge of pavement and sod. No herbicide shall be used for edging. All sidewalks,curbing and/or gutters including four-foot(4')area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed Agenda Page#119 Page 19 to be deposited on other adjacent property or accumulated on right-of-way areas. Debris must be blown off the road and not into traffic. Swales and dry retention areas must always be maintained and will need to be mowed and/or string trimmed. Weeding Weeding of plant beds shall be done by hand (no herbicides shall be used in the plant beds),sidewalks, (asphalt,concrete or paver)guardrail bases,tress grates,curb joints and other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free well-maintained area. Blue tracker may be required to be used when spraying. General Site Pruning For this site,general site pruning shall be defined as the pruning of any plant's foliage below a twelve-foot(12')height. All groundcovers,shrubs,canopy trees(except mangroves)and palms up to 12 feet height,shall be inspected and pruned on a weekly or an as needed basis,so as to maintain the proper or required heights for visibility,vehicular movement purposes and desired shape or form as determined by the District Manager or the Owner's Representative. Pruning shall also include removal of water sprouts,suckers and any dead or diseased foliage or branches. All groundcovers and shrubs shall be maintained at the required height as specified by the District Manager. Shrub pruning should be done consistently throughout each area for all shrub types that require pruning so that landscape gives the appearance of continuity throughout that area. During October and April,ornamental grasses,such as Fountain, Muhly grass, Florida Gama or Fakahatchee grass shall be pruned at its base to remove any old growth;grasses shall only be pruned after the blooming season. The grasses shall not be cut in a flat top method. Ornamental grass such as Liriope shall only be pruned at the direction and approval of the District Manager or Owner's Representative. Plant material with a canopy over pathways or sidewalks shall be maintained at a minimum height of 14 feet. Shrubs and groundcovers,adjacent to pathways or sidewalks shall be pruned to maintain one foot(1')of clearance from the edge of pathway. It is recommended that adjacent shrubs and groundcovers be maintained so that they angle or are rounded away from the pathway. A one foot(1') mulched area from the edge of the curb shall be maintained in the medial planting beds,as a pathway for maintenance workers,this will also keep all the plant material from encroaching into the roadways. Canopy Tree and Palm Pruning Canopy Trees shall be defined as any large shrub,tree or palm with foliage above twelve feet(12')feet height. All canopy trees and palms shall be pruned on a regular schedule to create and maintain a fifteen-foot(15')canopy clearance over the roadways and bike pathways. Canopy trees shall be selectively pruned twice a per year in April and September to thin the interior canopy of cross branching and to shape the canopy of trees. A professional certified Arborist shall do the pruning and shaping and shall be approve by the District Manager or Owner's Representative. The work shall be done in a professional manner in accordance with ANSI 300,Part 1,2,&3 Pruning Standards. The arborist must be on-site to supervise pruning at all times. Any damaged materials or any incorrect pruning shall result in replacement of that material at the expense of the Contractor. Tree spikes are not permitted. The portion of the canopy that falls below the 14-foot(14')foot levels falls under the"General Site Pruning" portion of the contract and shall be kept properly pruned. Agenda Page#120 Page ) 10 Coconut Palms shall be pruned to prevent dropping coconuts. The palms shall only have the dead lower fronds removed and shall also include removal of all seeds,seed stalks, brown or dead and lower fronds removed from the palm. The seeds and seed stalks shall be removed from all the palms;including self-cleaning palms. Fronds shall be cut close to the petiole base without damaging living trunk tissue. Any formed or forming seed pods shall also be removed. If for any reason more than the dead fronds need to be removed,prior approval must be obtained by the District Manager or Owner's Representative and then the palms shall be pruned to a"Tropical Cut"or to remove lower fronds at a nine(9)o'clock-three(3)o'clock level from the base of the palm's bud or trunk(or below the horizontal line of a 9 and 3 o'clock). All palms are the responsibility of the contractor. The work shall be done in a professional manner in accordance with acceptable trade standards and practices. The palms shall not be climbed with tree spikes to remove the fronds. The pruning shall be accomplished by use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left in a clean and neat manner. Understory plantings under palms and trees bring pruned shall be protected. Any damager materials shall be replaced by and at the expense of the Contractor. NOTE: Based on a detailed review with our Arbor Care Partner,many trees and palms in Key Marco are still in need of corrective work. See separate tree and palm program sheet for notes Trash Removal With each service, alksite areas shall be cleaned by removing all trash or debris to include, but not limited to: paper, bottles,cans,other trash,and horticulture debris. All debris or trash pick-ups shall be performed prior to moving in all turfs areas. The disposal of all trash and debris must be at a proper landfill or disposal site. All disposal fees,tipping or charges are to be included in the Bid Price. Street Cleaning/Blowing A four-foot(4')wide area measured from the face of the curb and gutters including turning lanes and medians shall be cleaned with each site service to remove any accumulation of debris or objectional growth to maintain a neat and safe condition. Ornamental and Turf Spraying Overall Ornamental&Turf Spraying of plants, shrubs and grassed areas within areas included in the Contract. Applications shall be made the day following a rain event when plant material is dry. Application shall be made to turf the day following irrigation or a rain event when grass blades are dry. In areas where applicable, immediately after the fertilizer is applied,the sprinklers shall be activated for thirty(30) minutes to bring organic fertilizers to the soil's surface and to dissolve water-soluble particles. Following this watering,the controls shall be returned to automatic mode. Fertilizers containing iron shall be removed from curbs to avoid staining. It is required that the Pest Controls applicator performing these services shall possess and provide the following to the District Manager or Owner's Representative: Valid State of Florida Pesticide/Herbicide License that complies with all Federal,State, (Chapter 482)and local laws and regulations. Bachelor Degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience. Current Contractors Occupational License for Pest Control Services. Agenda Page#121 Page X11 The Pest Control Applicator shall provide an overall written pest and spray management program that shall incorporate ant and rodent control and shall meet or exceed the following minimum standards: Describe procedures,methods and techniques that will enhance the environment. Provide the maximum protection for the health,safety and welfare of the public and environment. Maintain logs of all chemicals used. The Pest Control Firm shall make on-site inspections and provide written reports to the District Manager or Owner's Representative once per month. Methods of Applications: One hundred percent(100%)coverage and penetration shall be provided. Insecticides, Herbicides and Fungicides shall be applied at the proper pressure to provide maximum coverage and will comply with all City of Marco, Collier County,South Florida Water Management District application guidelines. Insecticides should be alternated from time to time to prevent an insect resistance to the application. Herbicides used in turf areas shall be applied at the proper pressure. Turf herbicides shall not be applied when the daily temperature exceeds 85 degrees. Spreader sticker(Nu-Film 17 or equal)shall be incorporated in all spraying of-groundcovers,shrubs, trees, palms,and turf areas when recommended by the label. Spray applications shall be applied during times of"no-wind"conditions. All spray applications shall contain a wetting agent when recommended by the label. Rate of Application All chemicals shall be applied at the rates recommended on the manufacturer's labels. Materials List: All insecticide,fungicide and herbicide chemicals to be used on turf areas and plant materials shall be submitted in writing to the District Manager or Owner's Representative for review and approval. All chemicals used shall be approved for use by the Environmental Protection Agency for its intended use and are of use. Application Schedule The number of applications shall be as listed below unless otherwise required based upon the site inspection reports. Ferrmec AC 13-0-0 plus 6%iron at one-third (1/3)gallon of material per on hundred gallons(100)of water to be added with each application of insecticide,fungicide and herbicide. All applications must be pre-approved by the District Manager or Owner's Representative, if approval is not acquired services may not be paid. Turf Areas: Insecticides& Fungicides Agenda Page#122 Page X12 Applications on an as needed basis,with prior approval by the District Manager or Owner's Representative. Herbicides Applications on an as needed basis,to include pre-emergent in February and September,Post- emergent in November,January and March or on an as needed basis,with prior approval by the District Manager or Owner's Representative. Groundcovers,Shrubs and Trees Insecticides and Fungicides Applications on an as needed basis,with prior approval from the District Manager or Owner's Representative. Bed Areas Herbicides Applications on an as needed basis, Pre-emergent in February and September, Post-Emergent in November,January and March or on an as needed basis, prior approval by the Project Manger or Owner's Representative is required. Additional Requirements Additional requirements: Records must be kept of all pesticides applications. Documentation shall include but is not limited to: date and time of application,weather conditions at time of application,what was applied and name of applier. This shall be included with the monthly invoice for payment. If pesticide documentation is not provided payment will be not be forthcoming for such application. When it becomes necessary for the Contractor to return for additional spraying as directed by the District Manager due to non-performance of a required application,such additional spraying shall be performed at no cost to the owner. Mulching 100%Organic Cypress Mulch(no blends or dyes): Areas with no mulch or new planting areas shall have mulch placed to provide for a three inch(3") non-compacted or unsettled depth measured from the existing soil grade. The areas to receive the mulch shall be raked level to establish the proper finished grade and have all weeds removed prior to the placement of mulch. Labor cost for weeding, hand grading a placement of new mulch shall be per the Unit Cost indicated on the Bid Page. Non-Organic Mulch: Landscape areas to receive non-organic mulch such as washed shell or gravel shall have the non- organic mulch placed to a three inch (3")non-compacted depth. Re-mulching or top dressing of non-organic mulch areas shall be performed to ensure a three-inch(3")depth is maintained. Equipment and labor costs for the weeding, hand grading and placement of non-organic mulch shall be per the Unit Cost indicated on the Bid Page. Re-mulching of plant beds and individual plant mulch rings shall have a one-inch(1")non-compacted layer of mulch applied once a year during the month of January(application to be finished by January 15th). Mulch distribution within a tree or palm area shall begin six inches away from the trunk of the tree or palm. Mulch shall not be piled against any plant branches or trunks. Prior to the re-mulching the Contractor shall turn and mix all existing mulch in all medians and right-of-way areas. Agenda Page#123 P !' c I13 Mulch material shall be purchased by the District and coordinated with the Contractor for delivery purposes. See separate mulch program sheet Fertilization Fertilization shall be performed at least four times a year in the months of March,June,September and December or twice a year if using the six-month application rate. Refer to Site Specific Quantities section for schedule. Fertilization shall be completed at the end of the fertilization month. Any variation of this schedule needs to be pre-approved by the District Manager;failure to do may result in non-payment. Fertilizer shall be applied at a rate of 1.5 lbs. per 100 square feet. It shall be broadcasted throughout the median planting beds and turf area. All tree pit areas should be fertilized evenly;there should not be a fertilizer ring around the tree under any circumstances. If a ring is formed the Contractor will have to go out and spread the fertilizer to correct the situation at the Contractors'expense,this may include the additional purchase of fertilizer as it may not be able to spread. Shrubs and groundcovers shall have the fertilizer blown or fan raked off following the broadcast application. Immediately after the fertilizer is applied,the areas shall be watered. Fertilizers shall be removed from curbs,sidewalks, and paver areas to avoid staining. Landscape Florida used custom blended (based on soil sampling),slow release golf course grade fertilizer products.And our products and application rates are in compliance with local ordinances. Miscellaneous and Landscape Maintenance Responsibilities If plants,shrubs,trees,grass or foliage die due to neglect or damage by the Contractor,Contractor's employees or a Subcontractor as determined by the District Manager,they shall be replaced at the Contractors expense. It shall be the Contractor's responsibility to inspect and notify the District Manager of any maintenance problems or additional maintenance needs. Should additional costs be involved which are not covered within the Contract Specifications,a Unit Cost shall be agreed to by the Contractor and District Manager prior to performing additional services. The Contractor shall perform inspections on all plants,shrubs,trees and grass areas for disease or insect infection at each week's service to the site. The Contractor shall immediately notify the District Manager should a disease or infestation be found and begin appropriate treatment per the Contract requirements. The Contractor shall have singular point of contact with radio, cellular phone and e-mail for on-site and off-site communication in order to communicate with the District Manager and Irrigation District Manager. Material costs,plus mark-up,cannot exceed twenty-five percent(25%). The percentage does not affect the bid but will not be awarded to the bidder who omits or exceeds the allowable limit. Irrigation Systems—Weekly Service Requirements The landscape Contractor shall observe the irrigation system weekly as it pertains to plants and spray coverage and report any observed field problems when they occur. It is the responsibility of the Contractor to contact the District Manager at the onset of the project to submit recommended watering scheduling as it pertains to the irrigation plan for the contracted area. The Landscape Contractor will provide written documentation to include any recommended changes to the irrigation systems. If the Contractor does not provide this documentation,the District will assume that the Contractor accepts full responsibility and approves the scheduling and usage appropriated by the District. Be aware that you will be expected Agenda Page#124 PaE; e X14 to update and coordinate watering schedules with the District Manager as required for monitoring purposes. All irrigation requests shall be made in writing. Irrigation system is maintained as per"as-builts",to include but not limited to valve numbers and zone sequence. Contractors must not change these components in the field, in the event that a component needs to be changed,the contractor must receive District Manager approval prior to and must have the capability to update the"as-builts" drawing. A copy of the"as-builts"will be provided upon request. All irrigation communication shall be e-mailed to the Irrigation District Manager and the Landscape District Manager. In order to ensure clear communication pertaining to irrigation components and locations,controllers will be identified by their assigned District controller/system number and the appropriate valve number. Any discrepancies shall be brought to the Irrigation District Managers attention as soon as possible. The Contractor shall complete the irrigation system checklist on a weekly basis. The Checklist should be signed and submitted on a weekly basis to the District Manager for review and approval as to completeness and must be provided before the ending of the work day Friday or beginning of the work day on Monday and may be emailed or hand delivered. Checklists should include all findings as part of the weekly irrigation checks and watering requirements. The District reserves the right to reject payment requests for these services if the checklists are not provided in a timely manner. Visual inspection of the irrigation systems shall be performed weekly to determine if the systems are functioning normally and if not cuts, leaks,piping damage,flooded areas exist,and repair as necessary. Valves can be operated manually at the valve box or at the surge board toggle. The Contractor must always return all operation switches to automatic when finished. Automatic Control Valve Assemblies and Quick Coupling Valves: Open zone control valve assemblies'boxes to review valves for leaks; proper settings and need to be maintained free of debris and/or mulch,clean valve assemblies on a as needed basis. Quick coupling boxes are to be checked and make sure that they free of debris and foreign objects. Keep all grasses and mulch out of valves boxes. All valve boxes in sod areas to kept above sod level. All valve boxes in plant beds are to be kept two inches above finished mulch level. Inside of all valve boxes shall be kept clean,and the valves shall be kept one hundred percent(100%)accessible. All cuts, leaks,or other piping damage found to be caused by the Contractor's personnel or subcontractors performing services in the landscape areas shall be repaired immediately at no cost to the District. Within all work areas the Contractor shall review the plant materials,turf,and soil for dry or too wet conditions and/or pest infestation and if found,advise the District Manager/Irrigation District Manager and correct the problem immediately. If plant material dies and District Manager was not notified prior to condition of plants declining,it shall be the contractors' responsibility to replace the dead or infested plant material. Review system and repair any blown-off heads,broken lines or leaks around heads or valves. All minor repairs and adjustments are part of the weekly irrigation line item. Minor adjustment may be but not limited to coverage adjustment or malfunctioning heads. The Contractor shall further clean and adjust all sprinkler heads and nozzles to ensure that all landscaped areas receive total one hundred percent(100%)irrigation coverage and heads are not spraying onto roadways or walkways. If a longer nozzle is required contractor shall change nozzle. This is part of minor adjustments. Agenda Page#125 t a I 15 Replace defective and/or broken heads or nozzles, install or replace defective and/or broken risers and repair minor breaks or restricted sprinkler lines. Inspect,clean and replace, if necessary,screen/filters within the sprinkler heads. Replace damaged valve boxes/lids if caused by the Contractor personnel or Subcontractor. It shall be the Contractor's responsibility to notify the District Manager of any irrigation problems or additional irrigation maintenance needs. Major irrigation services to the irrigation systems include repairs to valves,controllers,electrical wiring and mainlines. These repairs are not included in weekly irrigation functions and shall be priced separately or may be fixed by others. Minor irrigation services include replacement of heads and nozzles, installation or replacement of risers, repair of minor/lateral PVC fittings, piping breaks or subsurface piping or restricted sprinkler lines,replacement of damaged valve boxes/lids necessary for proper and safe operation of the systems. All minor repair labor costs shall be reflected in the irrigation weekly function line item,with the exceptions of traffic accidents. A traffic accident is an obvious vehicular damage that a report was filed with the Sherriff's office. If a vehicle drives into a median and breaks a few sprinklers and drives away it is not considered a traffic accident and irrigation work is covered under minor. Should additional costs be involved which are not covered within the Contract Specifications,a Unit Cost shall be agreed to by the Contractor and the District Manager prior to additional services being performed. The irrigation service personnel shall have on-site two-way hand-held communications during all service and/or inspections. Use only District-approved replacement parts,and use only matched precipitation head replacements. All irrigation parts shall be supplied by the District. Upon issuance of a "Notice of Proceed",the Contractor shall review all irrigation systems and notify the District Manager of any existing problems. Notification to the District Manager is required when acts of vandalism or accidents have occurred to the irrigation system. Photos shall be taken and provided to the District Manager at no added cost. A police report must be filed and a copy sent to the District Manager. General Maintenance Report Sheets The Contractor shall complete a general maintenance report sheet on a weekly basis. The sheet should be signed and submitted on a weekly basis to the District Manager for review and approval as to completeness. The sheet must be signed by the Contractor and submitted prior to monthly billing and payment. These sheets must include any project irregularities including but not limited to plant problems, pest problems,site issues and traffic accidents,as these may be used to determine replacement responsibilities. The Contractor will also be required to conduct on-site inspections with the District Manager or Owner's Representative on a monthly basis to verify satisfactory completion of Contract requirements. The original forms for the report sheets will be provided to the Contractor for his reproduction purposes. A weekly schedule is also required and shall be submitted to the District Manager before the beginning of the work day on Monday and may be emailed or hand delivered. The schedule shall indicate the days and service location and must include when irrigation checks are scheduled. Reporting available via our Company APP. Crew Size/Man-Hours Agenda Page#126 Page 116 Contractor shall be required to provide a pre-determined crew number and size for each roadway or project. The work shall be completed with one visit,if necessary consecutive day visit may follow. Purpose is to have the entire segments under this contract completed at the same time. The Bidder shall provide in the Contract Bid the estimated number of on-site man-hours per week the Contractor will provide for satisfactory performance of the requirements of this Contract. May vary+/-based on season.Annualized Labor Resources 4 men 3 days per week Additional Services Plant replacement services shall be activated in the event that damaged or dead plant material requires replacement and/or landscape areas require minor renovations. Quotes requested for items under Section generally shall be for small quantities. The Contractor shall bid installed Unit prices which shall include materials and labor required for installation, initial watering and established hand watering(provided the irrigation system is not providing proper coverage),mulch labor, removal and disposal fee(if applicable)of existing plant material and a one-year warranty on all new materials. Two bubblers per tree/palm shall be include in price. All plant material provided shall be Florida#1 or better as specified by the Department of Agriculture's"Grades and Standards for Nursery Plants"Volumes I & II latest edition. Priced Upon Request. Irrigation incidentals are repairs that are not included in the irrigation weekly price. As estimate must be provided for approval by District Manager before commencement of work. Submittal of estimate is not a guaranteed of work, another vendor may be solicited for an estimate. Estimates will be regularly reviewed to ensure contractors are accurately estimating hours. Priced Upon Request/Need. Recommend Establishing a"Maximum" Pre-Approved Monthly Amount. Turf Origin and Quality All turf supplied shall be"Nursery Grown"or"Field Grown"for the purposes of sodding and shall be a"Premium Grade Sod"as specified below. The sod shall be cut,delivered and/or laid in accordance with the following specifications or the most current and accepted Horticultural Industry's Standards and Practices,whichever is more restrictive. All sod shall be delivered to the site and accompanied with a delivery ticket listing quality,origin,and date and time the sod was cut and loaded. Sod shall be delivered to the specified site within a twenty-hour(24) hour period after field cutting and shall be laid within a forty-eight(48) hour period after field cutting. Sod being transported for a time period greater that one(1)hour shall be covered during transport. The Contractor acknowledges that acceptance of any sod at any time of a grade other the Premium Grade specified in this Contract shall not establish a lesser standard or relieve the Contractor of providing the Premium Grade sod as specified for the duration of the Contract period. Premium Sod Sand Grown: Turf grown on 90%natural sand. Muck Grown: Turf grown on soil containing 50%or greater amounts of organic materials by volume. Each sod pad shall be insect and disease free,be vigorous and have healthy green color in appearance. The top growth (grass blades or foliage)shall have no more than ten percent(10%)chlorosis within top growth and contain no thatch or dead vegetation layer with each pad. Sod shall be weed free,but in no case shall the weeds exceed two percent(2%)of the total sod pad. Agenda Page#127 Pay € v 17 Pad size: Individual sod pads shall be cut to industry standard widths and lengths with a deviation not greater than+/-five percent(5%). Broken or uneven ended pads will not be accepted. Pad Thickness: Thickness of the cut sod shall be to the industry's standard, but in not case shall the thickness of the soil be less than one inch(1") in depth for Floratam and Bahia grasses. Strength of Pad: Standard size pads shall be mature,well rooted and contain a soil layer thick enough to provide a strength that will support the pad's weight and maintain its size and shape when the pad is suspended vertically by hand on the upper ten percent(10%)of the pad section without tearing apart. Moisture Content: The sod soil shall contain enough moisture so that the soil is not excessively dry or wet. In no case will the sod be accepted if the soil layer becomes hardened,or loose so that it will not hold its shape,and/or if it is hydrophobic in nature. Accidents or Thefts The Contractor shall be responsible to contact the District Manager to report any accidents or thefts involving or occurring within the areas covered by this Contract. Should accidents or thefts occur,the Contractor shall photograph the damage(s)or loss and provide that photo to the District Manager immediately. Initial Site Conditions Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but,without limitation,with respect to the following: physical conditions at the work-site and the project area as a whole. The failure of the Contractor to acquaint itself with any applicable conditions shall not relieve Contractor from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional compensation. Landscape Florida will Photo Document and Review the entire landscape upon award of the contract Contractor's Employees Employees of the Contractor shall always be properly uniformed and provide a neat appearance. All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor under their sole direction and not an employee or agent of the District. The Contractor shall supply competent and physically capable employees and the District requires the Contractor remove any employee it deems careless, incompetent,insubordinate,or otherwise objectionable and whose continued contract site services involvement is not in the best interest of the District. Employees are not permitted to enter to privately owned lots. Harvesting of any fruits including Palmetto Berries is strictly prohibited and is punishable by law. Employees should have limited use of personal cell phones during working hours. Employees are encouraged to find out of the way places for lunch and should not lounge in the rights-of-way. Contractor's Meeting Attendance During the Contract Period,the District Manager or Advisory Committee,if applicable,may have questions concerning maintenance issues. The Contractor shall be required to attend bi-weekly meetings with the District Manager and other special meetings that the District Manager should require. There shall be no additional charge for attendance at these meetings. If the Contractor fails to attend the bi-weekly meetings without an excused absence an amount to two(2) hours of supervision labor rate as listed on the Bid Page shall be deducted from the monthly billing of the Contractor against the Contract total.We are available to meet at any time that is scheduled Agenda Page#129 Swade,Janice From: Greg Urbancic <gurbancic@cyklawfirm.com> Sent: Thursday,April 11, 2019 9:50 PM To: Katie Maline Cc: Maureen McFarland; herbmaricakrutisch@gmail.com;Avi Tryson Subject: RE: KM HOA-CDD Lease Agreement Katie- As best as I can tell looking at my old directory, the board didn't take action on the license agreement but instead went forward with the ground lease which was done in 2015. I think it was on an agenda sometime around 11/2015 but I don't think the CUL) board voted on it. I would defer to Neil's records but that was my recollection. Gregory L. Urbancic Attorney at Law cy K 1 z�n i.m= I ray 'r.... F:1(gi is ; ,11(): P .39 r;.3� so ?'_: F ctnrb,trrrrwLyki tirrncom n 1 Fa C. Sr Visit c:yklawfitm.com to learn more about us, Both Gregory L. Urbancic and Coleman, Yovanovich&Koester,P.A. intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged,confidential and exempt from disclosure uneer applicable law Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error,please permanently dispose of the original message and notify Gregory L.Urbancic immediately at arts us icui-ncyklawtnnr.com or(239)435-3535. Thank you. From: Katie Maline [mailto:katie@managerkeymarcohoa.org] Sent:Thursday,April 11,2019 3:36 PM To:Greg Urbancic<gurbancic@cyklawfirm.com> Cc:Maureen McFarland<mmmcfcdd@gmail.com>; herbmaricakrutisch@gmail.com;Avi Tryson <atryson@gadclaw.com> Subject:KM HOA-CDD Lease Agreement Importance:High Greg, There has been some confusion over the lease agreement that was implemented in 2011 and canceled in 2014. There is a version of the license agreement that is dated 2015, however no one seems to have an fully executed copy. Does a fully executed copy exist? I have been through all the files from DMG and there is not an executed copy. If it does not exists then there is no need to mention it in the current easement documents. I will continue to search through the 2015 board agenda packets as well. Thankyou, Xatie Maline,CAM f 505Whiskey Creek Drive Marco Island FL 34145 Office 239-394-4346 katielmartaj erkeymarcohoe.o g 1 Agenda Page#130 GROUND LEASE THIS GROUND LEASE(this"Lease')is made and entered into as of this 7 2_day of k e�,2015,by and between KEY MARCO COMMUNITY ASSOCIATION,INC.,a Florida not-for-profit corporation ("Landlord"), and KEY MARCO COMMUNITY DEVELOPMENT DISTRICT,a community development district established and existing pursuant to Chapter 190, Florida Statutes ("Tenant"). Landlord and Tenant are sometimes referred to individually herein as a"Party"or collectively as the"Parties". RECITALS: • WHEREAS, tenant is a community development district formed pursuant to Chapter 190,Florida Statutes that has the authority to exercise powers to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems and facilities for roads, water management, water supply,sewer,and street lights,among other powers,including all powers necessary, convenient, incidental or proper in connection with any of the powers,duties, or purposes authorized by Chapter 190,Florida Statutes;and WHEREAS, Landlord is a community association incorporated under Chapters 617 and 720, Florida Statutes as an organization which owns and operates certain community infrastructure and amenity facilities located within the Key Marco community. The membership oftire Association is comprised solely of property owners within the Key Marco Community Development District and all of the Key Marco property owners are members of the Association pursuant to a recorded declaration;and WHEREAS, Landlord owns in fee simple certain vacant land located in Collier County,Florida, which land is more particularly described in Exhibit "A" attached hereto and made a part hereof(the "Premises") and Tenant desires to lease the Premises from Landlord and Landlord desires to lease the Premises to Tenant:and WHEREAS,Tenant has previously installed certain improvements upon or about portions of the Premises and this Lease is intended, in part, to acknowledge the same and provide for the Tenant's continued use of the Premises. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and of good, lawful and valuable considerations received by each of Landlord and Tenant,the receipt and sufficiency of which are hereby acknowledged.Landlord and Tenant hereby agree as follows: 1. Premises. Landlord does hereby demise and lease exclusively unto Tenant and Tenant does hereby lease and take from Landlord, upon the terms,covenants and agreements and subject to the conditions hereinafter set forth, the Premises, together with all appurtenant rights thereunto belonging, including,without limitation,all rights,privileges,benefits,rights-of-way and easements now or hereafter appurtenant or belonging thereto,whether arising under this Lease or under any private or public grant or authority. 2. Lease Term. (a) Term. The term ("Term")of this Lease shall commence on November I, 2015 (the"Commencement Date")and,except as otherwise provided herein,shall expire on October 31,2020, 1 Agenda Page#131 (b) Renewal'I'erm(s). Tenant shall, at its option, have the right to renew this Lease for three (3) additional terms of live (5) years, with such term commencing upon the expiration of the original Term or prior renewal term,as applicable(each renewal term is referred to herein as a"Renewal Term"),subject,however,to the following terms and conditions: All terms and conditions of this Lease arc to remain the same and in full force and effect. ii. Tenant must notify Landlord in writing by certified or registered mail or hand delivery, at least sixty (60) days prior to the expiration of the Term (or prior Renewal Term, as applicable) that Tenant intends to renew the Lease for the applicable Renewal Term. 'Tenant's failure to timely so notify Landlord in the above manner shall automatically be deemed Tenant's waiver of Tenant's option for the applicable Renewal Tern. 3. Rent. Tenant shall pay to Landlord,as"Rent"for the Premises,the sum of Two Thousand Five Hundred Fifty-Three Dollars (62,553.00)per month on or before the first(1')of each month during the Lease Term(and any Renewal Tenn,if applicable). Except in the event Tenant is exempt from payment under applicable law,Tenant further agrees to pay,in addition to,but not in lieu of, the Rent any and all sales and use tax now or hereafter imposed by any governmental entity upon the Rent under this Lease. Tenant shall pay to Landlord,concurrently with each such payment of Rent,the amount of sales and use tax attributable to the payment being made to Landlord. If any such tax is required to be paid to the governmental taxing authority directly by Landlord,whether during the Term of the Lease(or any Renewal Term)or subsequent to the termination of this Lease(including any underpayments,if such tax is levied on the Rent paid by Tenant), then Landlord upon demand shall be fully reimbursed by Tenant for such payment. 4. Construction of Improvements. Tenant shall have the right,at Tenant's sole cost and expense, to construct utility systems and utility facilities including, without limitation, storm water management and drainage systems and facilities, irrigation systems and facilities,wells,pumps,wellfield systems, water distribution facilities and water lines upon, under, in or on the Premises (collectively, the "Improvements"). The Improvements shall be constructed in a good and workmanlike manner and in accordance with the requirements of all applicable laws, ordinances, statutes, codes, orders, rules and regulations, including, without limitation, the Americans with Disabilities Act of 1990, as amended (collectively, "Applicable Laws") of all governmental entities having jurisdiction over the Premises (collectively."Govertunental Authorities"). Tenant shall,at its sole expense,shall have the obligation to obtain all necessary permits and approvals from Governmental Authorities to construct,operate,maintain, and repair the Improvements on the Premises. Landlord shall reasonably cooperate with Tenant in obtaining any and all permits, licenses and approvals required by the Governmental Authorities in connection with such work and will, when necessary,join Tenant in the execution of any application for any such permit,license or approval. 5. Ownership of Improvements. It is expressly understood and agreed that any improvements of whatsoever nature at any time constructed,placed,or maintained by Tenant upon any part of the Premises shall be and remain property of Tenant. 6. Utilities/Taxes. (a) Throughout the entire Term of this Lease(and any Renewal Term),Tenant shall pay directly to the appropriate utility company or public authority all service charges for water,electricity and sewer usage and for telephone, cable and other communication services and all other utility services used,rendered or supplied to the Premises. Tenant shall also be required to satisfy any lien that attaches to 2 • Agenda Page#132 the Premises which results from Tenant's failure to pay any such utilities, taxes, assessments or costs. Tenant shall also be responsible,at Tenant's sole cost and expense, for the installation and construction on the Premises of all utility lines necessary in Tenant's sole and absolute discretion to provide services to the Premises. Landlord shall reasonably cooperate with Tenant in Tenant's efforts to obtain any utility services reasonably necessary for Tenant's use of the Premises. (b) Landlord shall be liable for the payment of all real estate taxes, special assessments, and any other taxes, levies, or impositions charged by an appropriate taxing authority with respect to the Premises,if any. 7. Use. Tenant shall have the right to use the Premises for utility systems and utility facilities including, without limitation, stonuwatcr management and drainage systems and facilities, irrigation systems and facilities,wells,pumps,welllield systems,water distribution facilities and water lines. Tenant shall at all times comply with all Applicable Laws applicable to the Premises and the construction, operation,maintenance,repair and use of the Premises. 8. Maintenance and Repair. Tenant shall,at its own cost and expense,maintain or cause to be maintained the Premises and all Improvements located thereon in good condition and repair(reasonable wear and tear excepted)and in compliance with any and all Applicable Laws of Governmental Authorities. Landlord shall have no obligation to maintain or repair the Premises or any Improvements. 9. No Liens or Encumbrances. The interest of Landlord in the Premises is not subject to liens for improvements or alterations made by Tenant,and it is specifically understood and agreed that in no event shall Landlord or the interest of Landlord in the Premises be liable for or subject to any construction, materialman's,or laborer's liens for improvements or work made by or for Tenant,services rendered,materials furnished or obligations incurred by or on behalf of Tenant;and this Lease specifically prohibits the subject of Landlord's interest in the Premises to any Construction,materialman's,or laborer's liens for improvements made by Tenant or for which Tenant is responsible for payment under the terms of this Lease. Tenant shall comply with the. Construction Lien Law of the State of Florida as set (forth in Chapter 713, Florida Statutes. Tenant will not create,nor permit to be created,nor remain as a result of any action or work done or contracted for by Tenant,any lien,encumbrance or charge levied on account of any imposition,or any construction,mechanic's,laborer's or materialman's lien which might be,or become a lien,encumbrance or charge upon the Premises or the Property. Any construction, mechanic's,laborer's or materialman's lien shall be promptly discharged by Tenant in accordance with Florida law, or Tenant shall promptly transfer such lien to a proper surety or cash bond as provided by Chapter 713, Florida Statutes,time being of the essence. The foregoing obligations of Tenant shall survive the Lease Term,and the failure of Tenant to comply with the foregoing shall be a material default hereunder. 10. Insurance. Front and after the Commencement Date, Tenant shall carry or cause to be carried the following insurance policies(which may,at Tenant's option,be carried under a blanket policy): (i) commercial general liability insurance covering bodily injury, property damage and personal injury occurring on the Premises,which policy shall insure against claims for bodily injury,property damage and personal injury occasioned by occurrences after the Commencement Date relating to the Premises and(ii) Workers' Compensation Insurance to the extent required by the laws of the State of Florida. Tenant shall from time to time, and upon the request of Landlord, furnish to Landlord a certificate of insurance evidencing Tenant's compliance with the insurance coverage requirements of this Section. Each policy of insurance shall be with insurance companies authorized to do business in Florida and reasonably satisfactory to Landlord. Each policy of insurance shall name Landlord as an "Additional Insured"on a primary and non-contributory basis. 3 Agenda Page#133 1 !. Ouiet Lnjovment. i.andlord covenants. warrants and represents that it has full right and power to execute and perform this Lease and to grant the estate and other rights demised and granted herein and that Tenant shall peaceably and quietly have,hold and enjoy the Premises and all rights,appurtenances and privileges belonging or in anywise pertaining thereto from and after the Commencement Date and continuing during the period this Lease is in force and effect,provided that Tenant pays Rent and performs all the covenants and conditions of this I.ease that Tenant is required to pet-form. l7. Condemnation. If during the Term, all of the Premises is condemned or taken by the United States or any other legal entity having the power of eminent domain with respect thereto,this Lease shall terminate as of the date that title to the land taken vests in the condemnor; provided, however,that such termination shall not benefit the condemnor and shall be without prejudice to the rights of either Landlord or Tenant to recover just and adequate compensation from the condemning authority. If,during the Tern,so substantially a portion of the Premises is condemned as to make the Premises effectively and practicably unusable for the purpose then in existence, then Tenant shall have the right, hut not the obligation to cancel or terminate this Lease on thirty(30)days written notice to Landlord. The court in any condemnation proceeding shall,if not prohibited by law,be requested to make separate awards to Landlord and Tenant. Landlord and Tenant agree to request such action of the court. This Section, to the extent permitted by law, shall be construed as superseding any statutory provisions now in force or hereafter enacted concerning condemnation proceedings. If separate condenmtation aware s are not permitted,or arc not made, Landlord and Tenant shall arbitrate the division of the single award through procedures established by the American Arbitration Association. Nothing contained in this Lease to the contrary shall be deemed to prohibit Landlord or Tenant from introducing into any condemnation proceeding or proceedings with respect to the Premises such appraisals or other estimates of value,loss andior damage as each may in its discretion determine. I3. Default by Tenant. The following events shall be deemed to he events of default by "Tenant under this Lease: (a) Tenant's failure to timely pay Rent,or any other charge or sum due hereunder,or fulfill any other monetary obligation hereunder, and such default continues for twenty (20) days after written notice from Landlord;or (b) Tenant's failure to comply with any other term,provision Or covenant of this Lease which failure is not cured within thirty(30)clays after written notice thereof to Tenant;provided,however, that if the failure is of such a nature that it cannot reasonably be cured within said thirty (30)day period, Tenant shall not he deemed in default so long as Tenant commences curine such default within said thirty (30)day period and diligently prosecutes same to completion;or (c) This Lease or the Premises or any part thereof are taken upon execution or by other process of law directed against Tenant,or arc taken upon or subjected to any attachment by any creditor of Tenant or claimant against Tenant,and such attachment is not discharged or bonded off within ninety(90) days after its levy;or (d) Tenant shall file a voluntary petition in bankruptcy or a voluntary petition seeking reorganization,or to effect a plan or an arrangement with or for the benefit of Tenant's creditors;or (e) Tenant's shall apply for a consent to the appointment of a receiver, trustee or conservator for any portion of Tenant's property, or such appointment shall be made without Tenant's consent,and shall not be removed within ninety(90)days. 4 Agenda Page#134 All sums becoming due or payable under this Lease, including all money expended pursuant to the provisions hereof or on account of any default in the performance and observance of any agreements or covenants herein, shall bear interest at the rate of eight percent (8.0%) per annum (or at such lesser rate which is the maximum permitted by applicable law) from thirty(30) days after the date such sums become due or payable. 14. Landlord's Remedies for Tenant's Default. Upon the occurrence of an event of default by Tenant pursuant to Section 1.3 which is not cured within the applicable cure period.Landlord shall have the following remedies: (a) Terminate this Lease by delivery of notice in writing to Tenant,which termination shall be effective immediately upon Tenant's receipt of said notice, in accordance with applicable law. Upon such termination, Tenant shall immediately surrender the Premises to Landlord. if Tenant fails to surrender the Premises, Landlord may. without prejudice to any other remedy, take possession of the Premises and expel or remove Tenant; (b) Bring an action against Tenant in a court of competent jurisdiction (i) to collect compensatory damages arising from such default,(ii)to enjoin said violation of this Lease or sue for specific performance of the covenant breached in a court of competent jurisdiction and/or(iii) collect such other damages a Court may deem appropriate;or (e) Pursue other remedies available to Landlord at law or in equity or pursue any other remedy set forth in this Lease. 15. Assignment. Tenant shall not assign, convey, sublet or transfer all or any portion of Tenant's interest in this Lease or the leasehold estate created hereby without the prior written consent of Landlord,which consent may be withheld in Landlord's sole and absolute discretion, Landlord may assign, sell or otherwise transfer all or any portion of the Premises in Landlord's sole and absolute discretion. In such event,any and all obligations and liabilities of Landlord under this Lease accruing after the assignment, transfer or sale shall be the sole responsibility of the third-party purchaser. In the event Landlord shall assign,sell, convey or otherwise dispose of all or any portion of the Premises, Landlord shall be released from all liability and obligation under this Lease,and such liabilities and obligations shall be binding solely on the third-party purchaser of the Premises. In the event of such sale or transfer, Tenant agrees to attorn unto the new owner. 16. Mortgage by Landlord,Non-Disturbance Agreement. Landlord shall have the right to grant any mortgage or deed of trust encumbering the fee simple title to the land comprising the Premises or encumbering Landlord's interest in this Lease without the prior written consent,in each instance,of Tenant. 17. Attornment and Subordination. Tenant shall, in the event of a sale or assignment of Landlord's interest in the Premises or, if the Premises comes into the hands of a mortgagee or any other person whether because of a mortgage foreclosure,exercise of a power of sale under a mortgage,deed in lieu of foreclosure or otherwise, attorn to the purchaser or such mortgagee or other person and recognize the same as Landlord hereunder and agreeing that upon taking possession of the Premises, Landlord's mortgagee shall not be liable for any acts or omissions of Landlord. Tenant shall execute at Landlord's request~any attornment agreement reasonably required by any mortgagee or other such person to be executed containing such provisions as such mortgagee or other person reasonably requires. This Lease shall automatically be subordinate and inferior to any mortgage lien granted by Landlord in or to all or any portion of the Premises.Notwithstanding the foregoing,Tenant agrees to execute a subordination agreement in form and content acceptable to Landlord's Lender within ten(10)days of submittal thereof by Landlord or Landlord's Lender. 5 Agenda Page#135 18. Tenant's Remedies for Landlord's Default. In the event Tenant believes that I.andlord is in default of any of its obligations under this Lease, Tenant shall provide written notice to Landlord detailing the alleged defaults. Landlord shall have thirty (30) days from receipt of said written notice to cure said default; provided,however,if the failure is of a nature that it cannot reasonably be cured within said thirty(30) day period, Landlord shall not be in default so long as Landlord commences curing such default within said thirty (30) day period and diligently prosecutes same to completion. In the event Landlord fails to cure any alleged default under this Lease,Tenant's sole and exclusive remedy shall be to obtain an order of specific performance compelling Landlord to comply with the terms and conditions of this Lease. 19. Force Majeure. Each of Landlord and Tenant shall be excused front timely performance of any obligation under this Lease within the time period provided herein,and any delay in the performance of any obligation under this Lease shall be excused,if,but only so long as,the performance of the obligation is prevented,delayed or otherwise hindered by acts of God, fire,earthquake,floods,explosion, actions of the elements, war, riots, mob violence, inability to procure or a general shortage of labor, equipment, facilities, materials or supplies in the open market, failure of transportation, lawful strikes, lockouts or actions of labor or unions, condemnation, court orders, laws or orders of governmental or military authorities,or any other cause,whether similar or dissimilar to the foregoing,which is not within the control of such Party and not caused directly or indirectly by any act or omission of such Party. Any reference to "unavoidable delay"or similar phrase contained in this Lease shall be deemed to mean a delay of the nature described in the preceding sentence. ?(l. Holding Over. If Tenant holds over in possession after the expiration of the Term, such holding over shall not be deemed to extend the Term or renew this Lease.Tenant shall thereafter occupy the Premises as a tenant-at-will only at a daily rental rate equal to one hundred fifty percent(150%)of the daily rental rate in effect at the end of the Term. 21. Notice to Parties. Each notice, demand, request, consent, approval, disapproval, designation or other communication (all of the foregoing are herein referred to as a"notice") that either Party gives to the other Party shall be in writing and addressed to the other Party at the address set forth herein or provided by written notice from the other Party. Any notice shall be given to the applicable address either(i)by registered or certified United States Mail,return receipt requested, which be deemed received on the date shown cm such return receipt as the date of delivery or first attempted delivery, whichever is earlier:(ii)by hand delivery or private contract carrier,such as Federal Express or UPS,which shall be deemed received on the date of delivery or first attempted delivery, whichever is earlier; (iii) by facsimile or email to the applicable facsimile number or email address,which shall he deemed received on the date sent. Any Party may change its address, person designated to receive the notice, or facsimile number by notice delivered to the other Party in accordance with the above provisions. 22. Early Termination. Notwithstanding the provisions of Section 2,Tenant shall have the right to terminate this Lease prior to the expiration of the Term (or applicable Renewal Term) upon providing no less than one hundred eighty(180)days' written notice of said termination to Landlord. Said notice shall specify the applicable date of termination consistent with the notice requirement herein and this Lease shall stand terminated as of the date set forth in the notice. As of said termination date,the Parties shall be relived of the obligations and responsibilities provided hereunder except as specifically set forth in this Lease to survive termination or expiration. Agenda Page#136 23. Miscellaneous Provisions. (a) Captions.Locative Adverbs. The captions of the Articles,Sections,Subsections or Subparagraphs of this Lease are inserted only as a matter of convenience and for reference.They do not define,limit or describe the scope or intent of this Lease and they shall not affect the interpretation hereof and shall not be considered in resolving questions of interpretation and construction.The locative adverbs '`herein","hereof,"hereunder","hereto","hereby","hereinafter","hereinabove"and like words wherever the same appear in this Lease mean and refer to this Lease in its entirety and not to any specific Article. Section or Subsection or Subparagraph of this Lease unless otherwise specifically indicated. (b) Applicable Law; Venue. ibis Lease shall be construed under the laws of the State of Florida and shall be binding upon and inure to the benefit of the Parties hereto and other respective successors and permitted assigns. Venue for any dispute arising hereunder shall lie exclusively in a court of competent jurisdiction in Collier County,Florida,and in no other venue or forum. Landlord and Tenant shall attempt to settle any claim or controversy arising out of this.Lease through consultation and negotiation in the spirit of mutual friendship and cooperation. The Party registering the dispute shall provide the other Party with a list of three certified mediators and the non-claiming Party shall choose a mediator within seven days of receiving notice of the dispute. In the event the dispute is not resolved in mediation, any controversy or claim arising out of or relating to this l..ease,or the breach thereof,may be pursued through such other legal processes as may permitted under Florida law. (c) Attorneys' Fees. If any legal matter, dispute, action or proceeding exists or is commenced by Landlord or Tenant to enforce the other's obligations under this Lease,the-non-prevailing Party shall be liable for and shall pay the prevailing Party for the expense of its reasonable attorneys' fees and costs in such matter unless said dispute,action or proceeding is adjudicated,and then in such an event, the non-prevailing Party shall be liable for and shall pay the expense of the prevailing Party's reasonable attorneys' fees and court costs. If Landlord without fault is made a Party to any litigation instituted by or against any other Party to this Lease,Tenant shall indemnify and hold harmless Landlord against all costs and expenses, including reasonable attorneys' fees incun•ed in connection therewith.This provision shall expressly survive termination of the Lease. (d) No Partnership, Joint Venture or Principal-Agent Relationship. Neither this Lease nor any acts of the Parties hereunder shall be construed or deemed by the Parties, or by any third person. to create the relationship of principal and agent, or of partnership,or of joint venture, or of any association between the Parties. (e) Successors and Assigns.This Lease shall run with the land and shall be binding upon and inure to the benefit of the Parties and their respective successors and/or assigns. (l) Severability. If any provision of this Lease shall, to any extent, be invalid or unenforceable,the remainder of this Lease shall not be affected thereby, and each other provision of this Lease, unless conditioned upon such invalid or unenforceable provision,shall be valid and enforceable to the fullest extent permitted by law. (g) Estoppel Certificate. Each Party agrees that, upon written request of the other Party, it will issue to such other Pal ty,or to any mortgagee of such Party, or to any other party having an interest in the Premises as specified by such requesting Party,an estoppel certificate certifying to the best of such Party's actual knowledge factual matters regarding this Lease, including without limitation: (i) • whether there is any default by the requesting Party under this Lease, and, if there are known defaults, specifying the nature thereof; (ii) whether this Lease has been assigned,modified or amended in any way (if it has,then state the nature thereof);(iii)whether this Lease as of the date in question is in full force and • Agenda Page#137 effect; and (iv) the amount of Rent and the date through which Rent has been paid. If the Party being requested to deliver the certificate tails to deliver the certificate within fifteen (15) days after the request therefore,such Party shall be deemed to have stated that there is no default by the requesting Party under this Lease and that this Lease is in full force and effect. (h) Lease for Exclusive Benefit of Parties. The provisions of this Lease are for the exclusive benefit of the Parties and any mortgagee of such Party,and not for the benefit of any third party (other than such mortgagee), and this Lease shall be deemed to not confer any rights upon any third party (other than such mortgagee). (i) Written Amendment. This Lease may be amended or otherwise modified from time to time but only by a writing signed by both Tenant and Landlord. (j) Partial Invalidity. Ii.'any part of this Lease is invalid or unenforceable under Applicable.Laws. such portions shall be deemed deleted from this Lease and the remainder of this Lease shall not be affected thereby and shall remain in full force and effect. (k) Binding Obligation. This Lease has been duly and validly executed and delivered by Landlord and Tenant and constitutes a legal,valid and binding obligation of Landlord,Tenant,and their respective successors and assigns,enforceable in accordance with its terms. (I) Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original. but all of which, together, shall constitute but one and the same instrment. Any si,t,'nature delivered by facsimile.email or other forms of electronic transmission,such as a PDF,shall be considered an original signature by the sending party. (m) Entire Agreement. This Lease constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between Landlord and Tenant with respect to the subject matter thereof. (n) Brokers. The Parties hereby represent and warrant each to the other that they have not utilized or engaged any real estate broker, salesman or finder with respect to the transaction contemplated by this Lease. Each Party hereby agrees to indemnify and hold the other harmless from and against any liability, loss,cost or expense(including reasonable attorneys' fees and court costs,including those incurred in dispute resolution or appellate matters) resulting from a claim or demand for any commissions in connection with this Lease which the indemnified party shall suffer as a result of a breach of the representations and warranties contained in this Section. The provisions of this Section shall survive the expiration or the earlier termination of this Lease. (o) Time of the Essence. Subject to Section 5 hereof,time is of the essence of each and every provision of this lease. (p) Radon Gas. Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities,may present health risk to persons who arc exposed to it over time. Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county public health unit. This notice is given pursuant to Section 404.056(8),Florida Statutes. ((I) Memorandum of Lease. Landlord and Tenant hereby agree that this Lease shall not be recorded; provided, however, Landlord and Tenant shall execute a mutually acceptable Memorandum of Lease which may he recorded by either party hereto. S Agenda Page#138 IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease effective as of the date first above written. LANDLORD: KEY MARCO COMMUNITY ASSOCIATIO '[N C., Witnesses: a Florid: ot-fo -1 •ofit corporation r \ 7 By: tfl.. Print Name: Herb Knitisch,President Punt Name: TENANT: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT,a community development district established and existing Witnesses: pursuant to Chapter•,l• ,, -lorida Statutes Print Namc: Andrew Barksdale,Chairman Print Namc: ATTEST: . By: L.' Neil Dor ' I,Secretary I0 Agenda Page#139 Exhibit"A" Premises Sketch and Legal Description 11 0.1“. ..) O 1=w 4 OI UNI- 4 N 1,1 1.I U N I. UNI'• 410-C N U I (i" s s7 U,y W U W o c:—z 0 t-1 W S.cl m Irl 0 K•^l.. 'n 1:)U R: O ' w N L.l tL.'�0 4 r•;L-,•Oj a,z W r 7 4^ 4 n 1, • .z C> U 1-pJ r L�r On t, NIY^'•).-www 2 - NJ Ol 0.•ateh W Z r n c UF"U U .- L L,.W' 0ce n V)T Z.-I..C`Ib0 tNv4.1•-X 0 _L,. 4 263 Lr,w CC Q O M N O O 0 r w,Cl• 'O 1- M le.. O N �� {i ct�•. u: _^LUKO^_ i. 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'Il ••,,r 4a,,(0140) 5,0lunu,acel lleu(C-I"I - n Peq\nnpelts.ap.y II>I^MS\Aa"'n5\,./00 ,0t\,-,,,,,\a Agenda Page#142 On Site Management Tasks for CDD On-site management duties Key Marco CDD Area Review all vendor invoices to make sure they Accounting comply with work actually performed and/or materials actually used/delivered. Collect and open mail,scan invoices into AVID Accounting system FEMA deposit to bank Accounting Scan invoices into avid Accounting Rearrange furniture and setup tables for CDD CDD MTG meetings,return to closet.Order and setup chairs for landowner meeting. Research and provide information on special CDD MTG requests made by supervisors; Arrange for guest speakers at CDD meetings, CDD MTG such as fire prevention, FWC,historical society presentations,road engineers Prepare RFPs as needed,depending on scope of CDD MTG work Seek master gardener proposal,and CDD MTG alternatives to 03 Landscaping Culvert responsibility:CDD or homeowner CDD MTG Roads Suggestions for intersection signage;signage CDD MTG Roads repair and repainting FEMA CDD recovered$160k if we had paid FEMA Inframark for same cost would have been$2500 +$16k(10%)or$18.25k or the equivalent of Katie for 3 months FT. Work with gate staff regarding gate entry or GH technical issues with computer and security equipment.With several non-native English speakers, it's helpful to have someone who can demonstrate product workings Manage computer updates and system down GH issues with Square Manage housekeeping staff at gatehouse GH Purchase services and supplies for gatehouse GH Manage and supervise special events on grounds GH Monitor parking violations and speeding by GH visitors Gatehouse staff actions,appearance, GH performance Supervise gatehouse landscaping and GH plantings and lighting,watering schedule,dimmer switches,new plantings,secure new bids for same as requested by board. Gatehouse capital improvements and GH decorating Implementation of CDC policies and GH procedures(i.e.,road use fee) 1 Agenda Page#143 On-site management duties Key Marco CDD Area Attempt preliminary remediation of seemingly GH simple problems,like spray painting unsightly gate hardware;elevate to board discussion if greater action required Schedule gate house power washing GH Frequent troubleshooting of gatehouse access GH issues.System down,problems with proxy cards and linear system Reboot gatehouse cameras after storm GH Monitor pumps,wells clocks and floats daily Irrigation Monitor and communicate with Hoover system Irrigation repairs/maintenance and flowguard computer system Monitor recapture system and take GPM flow Irrigation rate tests Hoover System down,float switch stuck, F/U Irrigation with Hoover on recently signed proposal for diver to sink suction pipe Irrigation leak,zone and valve stuck open Irrigation Salinity testing Irrigation Quality water test Irrigation Install rain gauges Irrigation Pick up trash Landscaping Di-weekly meetings with Crawford to discuss Landscaping cinch bugs,tree trimming,grass trimming etc. Attend meetings/educational seminars that Landscaping pertain to the vegetation on Key Marco Minimally bi-weekly assessment of landscape Landscaping needs and delivery including regular grass services,edging along roadway,cinch bugs and other pests Tree management including spotting and Landscaping reporting diseased trees and overseeing their treatment and trimming Sprinkler head management report and Landscaping remediate problems promptly Pest control management performance and Landscaping effectiveness Meet with Corrie regarding palm tree trimming on Landscaping CDD property on Indian Mound On-site emergency response Owner services Listen and attempt to resolve owner issues Owner Services related to CDD contractors Coordinate needs of the CDD with HOA and Owner services facilitate emails to residents Resolve parking disputes Owner services On-site identification and prompt remediation of Owner services assorted problems minimizing owner inconvenience 2 Agenda Page#144 On-site management duties Key Marco COD Area On-site person knowledgeable about community Owner services activities and policies to answer questions or delineate policy and procedures Landowner gate access issue Owners Services Monitor roadways for spills,arrange for violation Roads notice and prompt remediation Culvert cleaning every other year Roads Fire hydrant inspection and maintenance Roads contract Communicate maintenance/repair needs with Roads Collier County and City of Marco,drain cleaning near entry wall Fix Comcast pedestals knocked over;pick up Roads trash Flushing device on WCD is undermining asphalt Roads Street Lighting Supervise Holiday lighting and displays Supervise Power washing Supervise Manage Lake Management contract services Supervise Observe work quality and interact with CDD Lighting contractors for street light repairs Keep track of street light repair needs Lighting Separate lcec bill for HOA CDD Lighting Bid and supervise painting of fixtures Lighting Store extra street light parts Lighting 3 Agenda Page#145 On-site management duties Key Marco CDD Review all vendor invoices to make sure they comply with work actually performed and/or materials actually used/delivered. Collect and open mail,scan invoices into AVID system FEMA deposit to bank Scan invoices into avid Rearrange furniture and setup tables for CDD meetings,return to closet.Order and setup chairs for landowner meeting. Research and provide information on special requests made by supervisors; Arrange for guest speakers at CDD meetings, such as fire prevention,FWC,historical society presentations,road engineers Prepare RFPs as needed,depending on scope of work Seek master gardener proposal,and alternatives to C3 Culvert responsibility:CDD or homeowner Suggestions for intersection signage;signage repair and repainting FEMA CDD recovered$160k if we had paid Inframark for same cost would have been$2500 +$16k(10%)or$18.25k or the equivalent of Katie for 3 months FT. Work with gate staff regarding gate entry or technical issues with computer and security equipment.With several non-native English speakers,it's helpful to have someone who can demonstrate product workings Manage computer updates and system down issues with Square Manage housekeeping staff at gatehouse Purchase services and supplies for gatehouse Manage and supervise special events on grounds Monitor parking violations and speeding by visitors Gatehouse staff actions,appearance, performance Supervise gatehouse landscaping and plantings and lighting,watering schedule,dimmer switches,new plantings,secure new bids for same as requested by board. Gatehouse capital improvements and decorating Implementation of CDC policies and procedures(i.e.,road use fee) 4 Agenda Page#146 On-site management duties Key Marco CDD Attempt preliminary remediation of seemingly simple problems,like spray painting unsightly gate hardware;elevate to board discussion if greater action required Schedule gate house power washing Frequent troubleshooting of gatehouse access issues.System down,problems with proxy cards and linear system Reboot gatehouse cameras after storm Monitor pumps,wells clocks and floats daily Monitor and communicate with Hoover system repairs/maintenance and flowguard computer system Monitor recapture system and take GPM flow rate tests Hoover System down,float switch stuck, F/U with Hoover on recently signed proposal for diver to sink suction pipe Irrigation leak,zone and valve stuck open Salinity testing Quality water test Install rain gauges Pick up trash Bi-weekly meetings with Crawford to discuss cinch bugs,tree trimming,grass trimming etc. Attend meetings/educational seminars that pertain to the vegetation on Key Marco Minimally bi-weekly assessment of landscape needs and delivery including regular grass services,edging along roadway,cinch bugs and other pests Tree management including spotting and reporting diseased trees and overseeing their treatment and trimming Sprinkler head management report and remediate problems promptly Pest control management performance and effectiveness Meet with Corrie regarding palm tree trimming on CDD property on Indian Mound On-site emergency response Listen and attempt to resolve owner issues related to CDD contractors Coordinate needs of the CDD with HOA and facilitate emails to residents Resolve parking disputes On-site identification and prompt remediation of assorted problems minimizing owner inconvenience 5 Agenda Page#147 On-site management duties Key Marco CDD On-site person knowledgeable about community activities and policies to answer questions or delineate policy and procedures Landowner gate access issue Monitor roadways for spills,arrange for violation notice and prompt remediation Culvert cleaning every other year Fire hydrant inspection and maintenance contract Communicate maintenance/repair needs with Collier County and City of Marco,drain cleaning near entry wall Fix Comcast pedestals knocked over;pick up trash Flushing device on WCD is undermining asphalt Street Lighting Holiday lighting and displays Power washing Manage Lake Management contract services Observe work quality and interact with CDD contractors for street light repairs Keep track of street light repair needs Separate ices bill for HOA CDD Bid and supervise painting of fixtures Store extra street light parts 6 Agenda Page#148 CDD Contracted Management Tasks Reference# Description of task Reference number in HOA CDD in Inframark agreement agreement 1 Preparation of legal notices,affidavits in an authorized IA newspaper of general circulation 2 Administer website compliance,uploads,document retrieval NOT IN INFRAMARK CONTRACT 3 Prepare tentative,final budget,as more described below 2,9 4 Preparation of specifications,RFPs,application for service IIIc contracts,public officials liability,insurance renewals,auditing and property appraiser agreement 5 Record,transcribe,edit and retain minutes of meetings of the la Board of Supervisors,in accordance with FL Law 8 Participate in ALL meeting to provide the board with 1,but only 6 administrative input on issues before the board budgeted 7 Provide annual or required compliance/disclosure information 5 to local governments 8 Interlocal agree for Irrigation water,Collier County 5 9 Land owners election certification,supervisor elections FS 5 190.006 10 Public facilities report,Collier Co or Marco FS 189.08 17 11 Designation of registered office and agent,Secretary of State NOT in INFRAMARK Contract 12 Annual public meeting schedule,collier co 5 13 Issue audited financial statement 5 14 Insure compliance with FL statues as noted: 5 15 Annual financial audit(189.016,218.32)Auditor general 6,18 16 District annual financial report(189.06,Rule 10.550)comptroller/ 15 financial services 17 Public depositor report(280.17,FL Admin code 2.032)Treasurer 16 18 Proposed budget(189.05) 8 19 Levying of non-advolorem assessments(189.050) 5 20 District new board member education(189.063) 5 21 District map or amendments(189.0418) 5 22 Prepare budget and assessment resolutions 10,11 23 Coordinate budget preparation notices to landowners 10 24 Prepare budget adoption and transmittal resolution for the 12 board and property appraiser 25 Administer interlocal government agreement with property Not mentioned appraisers for assessment services 26 Establish fund accounting system in accordance with Not mentioned department of banking an finance 1 Agenda Page#149 Reference# Description of task Reference number in HOA CDD in Inframark agreement agreement 27 Establish investment policies if applicable pursuant to FS 218 14 28 Maintain budget and amendment resolution as necessary Not mentioned 29 Maintain banking resolutions and signature card compliance Not mentioned 30 Cooperate with trustees on defense matters Not mentioned 31 Setup/maintain chart of accounts Not mentioned 32 Prepare and monitor financial statements 4 33 Administer accounts payable and receivables in accordance Not mentioned with FL chart of accounts 34 Prepare payroll and required reports for employees or Not mentioned supervisors(W-4's or 1-9) 35 Coordinate bid specification,solicitation for goods and services IIIc FS 19.033 36 Conduct surplus property sales and disposition of public assets Not in Inframark (FS 217) contract • 37 Regular public meeting schedule(189.0417) 5 38 Coordinate compliance with operating permits Not mentioned 39 SFWMD Not in contract 40 Consumptive water use permit,water quality&purpose Not in contract 11-01876-W 41 Surface water management ERP 11-00672-5 Not in contract 42 Establish record retention/management/disposal systems Ha District documents and records of proceedings FS 257.36 43 Process file agreements,contracts,resolutions Not mentioned 44 Prepare agenda of public meetings 13 45 Publish required public notes la 46 Maintain custody of District Seal and executed documents as Not mentioned Secretary or Asst Secretary 47-57 Audit preparation 18 58 Submit preliminary budget to Board of Supervisors(FS190) 8.9 59 Submit to local county a copy of"approved Final"budget and 8.9 notice of public hearing for adoption 2 Agenda Page#150 Reference# Description of task in HOA CDD agreement 1 Preparation of legal notices,affidavits in an authorized newspaper of general circulation 2 Administer website compliance,uploads,document retrieval 3 Prepare tentative,final budget,as more described below 4 Preparation of specifications,RFPs,application for service contracts,public officials liability,insurance renewals,auditing and property appraiser agreement 5 Record,transcribe,edit and retain minutes of meetings of the Board of Supervisors,in accordance with FL Law 6 Participate in ALL meeting to provide the board with administrative input on issues before the board 7 Provide annual or required compliance/disclosure information to local governments 8 Interlocal agree for irrigation water,Collier County 9 Land owners election certification,supervisor elections FS 190.006 10 Public facilities report,Collier Co or Marco FS 189.08 11 Designation of registered office and agent,Secretary of State 12 Annual public meeting schedule,collier co 13 Issue audited financial statement 14 Insure compliance with FL statues as noted: 15 Annual financial audit(189.016,218.32)Auditor general 16 District annual financial report(189.06,Rule 10.550)comptroller/ financial services 17 Public depositor report(280.17,FL Admin code 2.032)Treasurer 18 Proposed budget(189.05) 19 Levying of non-advolorem assessments(189.050) 20 District new board member education(189.063) 21 District map or amendments(189.0418) 22 Prepare budget and assessment resolutions 23 Coordinate budget preparation notices to landowners 24 Prepare budget adoption and transmittal resolution for the board and property appraiser 25 Administer interlocal government agreement with property appraisers for assessment services 26 Establish fund accounting system in accordance with department of banking an finance 3 Agenda Page#151 Reference# Description of task in HOA CDD agreement 27 Establish investment policies if applicable pursuant to FS 218 28 Maintain budget and amendment resolution as necessary 29 Maintain banking resolutions and signature card compliance 30 Cooperate with trustees on defense matters 31 Setup/maintain chart of accounts 32 Prepare and monitor financial statements 33 Administer accounts payable and receivables in accordance with FL chart of accounts 34 Prepare payroll and required reports for employees or supervisors(W-4's or 1-9) 35 Coordinate bid specification,solicitation for goods and services FS 19.033 36 Conduct surplus property sales and disposition of public assets (FS 217) 37 Regular public meeting schedule(189.0417) 38 Coordinate compliance with operating permits 39 SFWMD 40 Consumptive water use permit,water quality&purpose 11-01876-W 41 Surface water management ERP 11-00672-5 42 Establish record retention/management/disposal systems District documents and records of proceedings FS 257.36 43 Process file agreements,contracts,resolutions 44 Prepare agenda of public meetings 45 Publish required public notes 46 Maintain custody of District Seal and executed documents as Secretary or Asst Secretary 47-57 Audit preparation 58 Submit preliminary budget to Board of Supervisors(FS190) 59 Submit to local county a copy of"approved FinaL"budget and notice of public hearing for adoption 4 Agenda Page#152 Reference# Description of task in HOA COD agreement 1 Preparation of legal notices,affidavits in an authorized newspaper of general circulation 2 Administer website compliance,uploads,document retrieval 3 Prepare tentative,final budget,as more described below 4 Preparation of specifications,RFPs,application for service contracts,public officials liability,insurance renewals,auditing and property appraiser agreement 5 Record,transcribe,edit and retain minutes of meetings of the Board of Supervisors,in accordance with FL Law 6 Participate in ALL meeting to provide the board with administrative input on issues before the board 7 Provide annual or required compliance/disclosure information to local governments 8 Interlocal agree for Irrigation water,Collier County 9 Land owners election certification,supervisor elections FS 190.006 10 Public facilities report,Collier Co or Marco FS 189.08 11 Designation of registered office and agent,Secretary of State 12 Annual public meeting schedule,collier co 13 Issue audited financial statement 14 Insure compliance with FL statues as noted: 15 Annual financial audit(189.016,218.32)Auditor general 16 District annual financial report(189.06,Rule 10.550)comptroller/ financial services 17 Public depositor report(280.17,FL Admin code 2.032)Treasurer 18 Proposed budget(189.05) 19 Levying of non-advolorem assessments(189.050) 20 District new board member education(189.063) 21 District map or amendments(189.0418) 22 Prepare budget and assessment resolutions 23 Coordinate budget preparation notices to landowners 24 Prepare budget adoption and transmittal resolution for the board and property appraiser 25 Administer interlocal government agreement with property appraisers for assessment services 26 Establish fund accounting system in accordance with department of banking an finance 5 Agenda Page#153 Reference# Description of task in HOA CDD agreement 27 Establish investment policies if applicable pursuant to FS 218 28 Maintain budget and amendment resolution as necessary 29 Maintain banking resolutions and signature card compliance 30 Cooperate with trustees on defense matters 31 Setup/maintain chart of accounts 32 Prepare and monitor financial statements 33 Administer accounts payable and receivables in accordance with FL chart of accounts 34 Prepare payroll and required reports for employees or supervisors(W-4's or 1-9) 35 Coordinate bid specification,solicitation for goods and services FS 19.033 36 Conduct surplus property sales and disposition of public assets (FS 217) 37 Regular public meeting schedule(189.0417) 38 Coordinate compliance with operating permits 39 SFWMD 40 Consumptive water use permit,water quality&purpose 11-01876-W 41 Surface water management ERP 11-00672-5 42 Establish record retention/management/disposal systems District documents and records of proceedings FS 257.36 43 Process file agreements,contracts,resolutions 44 Prepare agenda of public meetings 45 Publish required public notes 46 Maintain custody of District Seal and executed documents as Secretary or Asst Secretary 47-57 Audit preparation 58 Submit preliminary budget to Board of Supervisors(FS190) 59 Submit to local county a copy of"approved FinaL"budget and notice of public hearing for adoption 6 Agenda Page#156 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES Collier County,Florida JULY 17,2019 Agenda Page#157 TABLE OF CONTENTS FOR SELECTION MANUAL Public Notice Instructions to Applicants Evaluation Criteria Standard Form 330 Affidavit of Acknowledgments Sworn Statement Regarding Public Entity Crimes Form of Contract Agenda Page#158 REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES FOR THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT The Key Marco Community Development District (the "District"), located in Collier County, Florida, announces that it is soliciting professional engineering services to be performed on a continuing basis for the District's earthwork, stormwater management systems, roadway improvements, landscape, irrigation,signage and lighting improvements,gaurdhouse,preserve areas,and other public improvements authorized by Chapter 190, Florida Statutes. The engineering firm or individual selected will act in the general capacity of District Engineer and will provide District engineering services,as required. The selection manual ("Selection Manual"), including the scope of work, instructions to applicants,evaluation criteria and other documents,will be available for public inspection. Any firm or individual("Applicant")desiring to provide professional engineering services to the District must:(1)hold applicable federal,state and local licenses;(2)be authorized to do business in Florida in accordance with Florida law; and (3) furnish a statement ("Qualification Statement") of its qualifications and past experience on U.S. General Service Administration's "Architect-Engineer Qualifications,Standard Form No.330,"along with pertinent supporting data. The District will review all Applicants consistent with Florida law, including the Consultant's Competitive Negotiations Act,Chapter 287,Florida Statutes("CCNA"). Each interested Applicant must submit an original copy and one(I)electronic copy(PDF format on a USB flash drive)of the Qualification Statement,along with all other requested attachments,by September 2,2019("Submittal Deadline"),to the attention of Justin Faircloth, District Manager, at the District Manager's Office, Inframark, 5911 Country Lakes Drive,Fort Myers,FL 33905. Furthermore, all Applicants — and specifically the individual(s) who would be responsible for providing the engineering services and interacting with the District's representatives on a day-to-day basis — shall be available to present the Applicant's Qualifications Statement and respond to questions at the District's September 18,2019,Board meeting to be held at 8:30 a.m.at the Key Marco Clubhouse, 505 Whiskey Creek Drive,Marco Island,FL 34145,and,upon the District Board's request,such other meetings as the District's Board may designate(contact the District Manager for time/location,and any adjustments to the date). The Board shall select and rank the Applicants using the requirements set forth in the CCNA and Selection Manual,and the highest ranked Applicant will be requested to enter into contract negotiations. If an agreement cannot be reached between the District and the highest ranked Applicant, negotiations will cease and begin with the next highest ranked Applicant, and if these negotiations are unsuccessful, will continue to the third highest ranked Applicant,and so forth. Any protest regarding the terms of this Notice, or the Selection Manual on file with the District Manager,must be filed in writing,within seventy-two(72)hours after the Submittal Deadline.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 any matters relating to the Selection Manual. Any person who files a notice of protest shall provide to the District,simultaneous with the filing of the notice,a protest bond with a responsible surety to be approved by the District and in the amount of Five Hundred Dollars($500.00). Furthermore,there is no express or implied obligation for the District to reimburse Applicants for any expenses associated with the preparation and submittal of the Qualification Statements in response to this request. Additional information and requirements regarding protests are set forth in the Selection Manual. Agenda Page#159 Any and all questions relative to this Request for Qualifications shall be directed in writing by e- mail only to Justin Faircloth at Justin.Faircloth(?Iinframark.com. Justin Faircloth District Manager Run Date: July 26,2019 Agenda Page#160 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES Collier County,Florida Instructions to Applicants SECTION 1. DUE DATE. Qualification Statements (defined herein)must be received by each applicant("Applicant")no later than 11:00 a.m.(EST) on September 2,2019("Submittal Deadline"), at the Offices of Inframark,5911 Country Lakes Drive,Fort Myers,FL 33905.Attention:Justin Faircloth. SECTION 2. SCOPE OF WORK. The District is a special purpose unit of local government established under Chapter 190, Florida Statutes, for the purpose of financing, acquiring, constructing, operating and maintaining public infrastructure improvements. Related thereto, the District is soliciting qualification statements for professional engineering services for the District's earthwork, stormwater management systems, roadway improvements, landscape, irrigation, signage and lighting improvements, amenity, clubhouse, preserve areas, and other public improvements authorized by Chapter 190, Florida Statutes. This work ("Project") shall be performed on an as-needed, continuing basis as requests are received. SECTION 3. CONTENTS OF QUALIFICATION STATEMENTS. Each Applicant shall submit a qualification statement ("Qualification Statement") using U.S. General Service Administration's "Architect-Engineer Qualifications, Standard Form No. 330," and shall additionally provide all of the following information as part of such Qualification Statement regardless of whether the information is called for by Form 330 or not: a) A listing of the position /title and corporate responsibilities of key management or supervisory personnel. Include résumés for each person listed, and list years of experience in present position for each party listed and years of experience on projects similar to the Project; b) A listing of the engineer point of contact and any other personnel(or subcontractors)proposed for the Project.Include résumés for each person listed,and list years of experience in present position for each party listed and years of experience on projects similar to the Project; c) Information relating to the Applicant's past experience and performance for projects similar to the Project. Please specifically describe any prior or current experience with: a. Community development districts established under Chapter 190 of the Florida Statutes- b. Roadway systems;and c. Stormwater management systems. d) At least three (3) references from projects of similar scope to the Project. 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 Applicant acknowledges and agrees by submitting a Qualification Statement that the District may contact such references; e) A brief narrative description of the Applicant's approach to providing the services as described herein; Agenda Page#161 f) Information relating to whether the Applicant is a certified minority business enterprise; g) Information relating to the Applicant's willingness and ability to meet time and budget requirements; h) Information relating to the geographic location of the Applicant's headquarters and local offices; i) Information relating to the recent,current and projected workloads of the Applicant; j) Information relating to the volume of work previously awarded to the Applicant by the District; k) Information relating to the Applicant's financial capacity; 1) A listing of the Applicant's current state,federal,and local licenses and the statuses of the same; m) A current certificate of insurance, or equivalent information, identifying the Applicant's current insurance limits and demonstrating the Applicant's errors and omissions and other insurance; n) Information relating to whether, over the past 10 years, Applicant has been terminated from any contract, and, if so, the reasons for such termination, and, if no such conditions exist, Applicant shall affirmatively disclose the same; o) Information relating to whether,over the past 10 years,Applicant has defaulted on any contract or is in arrears on any contract, or for failure to demonstrate proper licensure and business organization,and,if no such conditions exist,Applicant shall affirmatively disclose the same; p) Information relating to whether, over the past 10 years, Applicant has been involved in any litigation involving any contract or work and the status and/or results of such litigation,and, if no such conditions exist,Applicant shall affirmatively disclose the same; q) Information relating to whether, over the past 10 years, Applicant has been the subject of any governmental action of any kind(e.g.,investigation,proceeding,penalty,licensure issue,etc.)and the status and/or results of such action, and, if no such conditions exist, Applicant shall affirmatively disclose the same;and r) Completion of any other forms contained within this Selection Manual. Applicants shall not submit as part of any Qualification Statement a proposal for the compensation to be paid under the agreement. SECTION 4. INSURANCE. As noted above, each Applicant should include as part of its Qualification Statement a current Certificate of insurance, or equivalent information, identifying the Applicant's current insurance limits and demonstrating the Applicant's ability to provide errors and omissions and other insurance. As part of any contract negotiations and final contract with the Applicant, the District may require that the Applicant provide such coverage in connection with the Project and identify the District,and the District's officers,supervisors,agents,staff,and representatives as additional insureds, and, in the event an Applicant is unable to provide such insurance,the District reserves the right to cease negotiations with that Applicant and enter into negotiations with the next highest qualified Applicant. The District further reserves the right to revise the insurance and indemnification requirements, among other contract provisions, in connection with any contract negotiations. Agenda Page#162 SECTION 5. FINANCIAL CAPACITY. In evaluating the Qualification Statements, the District may consider the financial capacity of each Applicant, and accordingly each Applicant should submit relevant information regarding financial capacity, as stated above. In the event the Applicant enters into contract negotiations with the District, the District may in its sole discretion require that the Applicant provide sufficient proof of financial capacity,including,if requested,audited financial statements from the last three years. SECTION 6. INTERPRETATIONS AND ADDENDA.All questions about the meaning or intent of the Selection Manual are to be directed in writing via e-mail only to Justin Faircloth at Inframark, Justin.E'airclothainframark.com. The deadline for submitting such questions shall be 12:00 p.m. (EST) on August 26,2019. Additionally,the District reserves the right in its sole discretion to make changes to the Selection Manual up until the deadline for submitting the Qualification Statements. Interpretations or clarifications considered necessary in response to any questions,and any changes to the Selection Manual up until the time of Qualification Statement opening,will be issued by Addenda,to all parties recorded as having received the Selection Manual.Only questions answered by formal written Addenda will be binding. No interpretations will be given verbally. All questions and answers will be distributed to all Applicants. No inquiries will be accepted from subcontractors; the Applicant shall be responsible for all queries. In submitting a Qualification Statement, each Applicant shall submit an acknowledgment of receipt of all Addenda and represents that it has read and understands the Selection Manual and that the Qualification Statement is made in accordance therewith. SECTION 7. SUBMISSION OF QUALIFICATION STATEMENT.Each Applicant shall submit an original copy and one(1)electronic copy(PDF format on a USB flash drive)of the Qualification Statement forms, along with other requested attachments, at the time and place indicated herein, which shall be enclosed in an envelope, marked with the project title and name and address of the Applicant and accompanied by the required documents. If the Qualification Statement is sent through the mail or other delivery system,the sealed envelope shall be enclosed in an envelope with a notation"QUALIFICATION STATEMENT FOR KEY MARCO COMMUNITY DEVELOPMENT DISTRICT ENCLOSED — ENGINEERING SERVICES"on the face of it. SECTION 8. MODIFICATION AND WITHDRAWAL.Qualification Statements may be modified or withdrawn by an appropriate document duly executed and delivered to the place where Qualification Statements are to be submitted at any time prior to the timeand date the Qualification Statements are due; provided however,additional information may be requested and/or provided to evidence compliance,make non-material modifications,clarifications or supplementations,and as otherwise permitted by Florida law. No Qualification Statement may be withdrawn after opening for a period of one hundred twenty(120)days. SECTION 9. PUBLIC PRESENTATIONS. In connection with evaluating Qualification Statements submitted to the District, the District's Board of Supervisors ("Board") may elect to require public presentations by no fewer than three (3) Applicants (unless fewer submit) regarding an Applicant's Qualification Statement,approach to the Project,ability to furnish required services for the Project,and any relevant questions for the Applicant. The individual(s) who would be responsible for providing the engineering services and interacting with the District's representatives on a day-to-day basis shall be available at such presentations. The presentations are initially scheduled to occur at the District's September 18, 2019, 8:30 a.m. meeting, to be held at the Key Marco Clubhouse, 505 Whiskey Creek Drive,Marco Island,FL 34145, as well as at such other meeting or meetings as the District's Board may designate(contact the District Manager for time/location,and any adjustments to the date). SECTION 10. EVALUATION OF QUALIFICATION STATEMENTS; NEGOTIATION PROCESS; CONTRACT AWARD. The Board shall review and rank the Applicants based on the information provided Agenda Page#163 in the Qualification Statements,any interviews with references,any information from public presentations, and any other information generally within the knowledge of the Board or the District's staff,and using the requirements set forth in the CCNA and in this Selection Manual.Chapter 112 of the Florida Statutes will govern any voting conflicts of interest,and as such a voting conflict of interest may arise solely where there is a personal financial interest relating to the contract award. The highest ranked Applicant will be requested to provide a proposal for compensation to be paid under the agreement,and shall enter into contract negotiations.If an agreement cannot be reached between the District and the highest ranked Applicant,negotiations will cease and begin with the next highest ranked Applicant, and if these negotiations are unsuccessful,will continue to the third highest ranked Applicant. In connection with any public presentations,the Board may elect to make an initial ranking of Applicants, select only the top three(or all)Applicants to make public presentations,and then further adjust the rankings based on the presentations,or may adjust the process involving public presentations in its sole discretion. Within fourteen (14) days of the conclusion of any successful contract negotiations, the District and successful Applicant shall enter into an agreement in a form substantially similar to that set forth in the Selection Manual(subject to the terms of this Selection Manual). SECTION 11. BASIS OF AWARD/RIGHT TO REJECT.The District reserves the right to reject any and all Qualification Statements, and waive any informalities or irregularities in Qualification Statements where in the best interests of the District,and as determined by the District's Board in its sole discretion. SECTION 12. MANDATORY AND PERMISSIVE REQUIREMENTS. Notwithstanding anything else within the Selection Manual,the only mandatory requirements of this Selection Manual for Applicants are that each Applicant must(a) be authorized to do business in Florida, and (b) hold all required State and Federal licenses in good standing.All other requirements set forth in the Selection Manual shall be deemed "permissive,"in that an Applicant's failure to meet any requirement described in mandatory terms such as "shall," "will," "mandatory," or similar language does not automatically disqualify the Applicant's Qualification Statement, but instead in the Board's discretion may result in the disqualification of a Qualification Statement or alternatively may be taken into account in the evaluation and scoring of the Qualification Statement. SECTION 13. PROTESTS.Any protest relating to the Selection Manual,including but not limited to protests relating to the Qualification Statement notice,the instructions,the contract form,the scope of work,the evaluation criteria,the evaluation process established in the Selection Manual,or any other issues or items relating to the Selection Manual, must be filed in writing,within seventy-two(72)hours after the Submittal Deadline. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7)calendar days 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 relating to the aforesaid Selection Manual. Any person who files a notice of protest of any kind shall provide to the District,simultaneous with the filing of the notice, a protest bond with a responsible surety to be approved by the District and in the amount of Five Hundred Dollars($500.00).In the event the protest is successful,the protest bond shall be refunded to the protestor.In the event the protest is unsuccessful,the protest bond shall be applied towards the District's costs,expenses and attorney's fees associated with hearing and defending the protest.In the event that the protest is settled, the protest bond may be applied as set forth in the settlement agreement. No Applicant shall be entitled to recover any costs of Qualification Statement preparation or other participation in the selection process,regardless of the outcome of any protest. Agenda Page#164 SECTION 14. 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. SECTION 15. PUBLIC RECORDS. The District is a governmental entity, and, accordingly, the Qualification Statements will become public record. That said, Florida law does recognize certain exceptions from the public records laws. In the event that the Applicant believes that any particular portion of the Qualification Statement is exempt from disclosure, the Applicant shall mark the exempt pages as "CONFIDENTIAL—EXEMPT FROM DISCLOSURE." In the event that the District receives a public records request relating to such records,the District will notify the Applicant. In the event that the District reasonably and in good faith believes that the Applicant's information is not confidential or exempt under Florida law,the District may provide the information in response to the request and will not be responsible for any liability,claims, damages or losses arising from such disclosure. In the event that a claim of any kind is filed challenging the confidentiality of the Applicant's information, the District may require the Applicant to indemnify, defend, and hold harmless the District and its staff and representatives from all claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, relating to the claim. SECTION 16. SUBMISSION OF ONLY ONE PROPOSAL.Applicants may be disqualified and their Qualification Statements rejected if the District has reason to believe that collusion may exist among Applicants,the Applicant has defaulted on any previous contract,or is in arrears on any previous or existing contract,or for failure to demonstrate proper licensure and business organization. SECTION 17. FAMILIARITY WITH THE LAW. By submitting a Qualification Statement, the Applicant is assumed to be familiar with all federal,state,and local laws,ordinances,rules and regulations that in any manner affect the work. Ignorance on the part of the Applicant will in no way relieve it from responsibility to perform the work covered by the Applicant in compliance with all such laws,ordinances and regulations. SECTION 18. PUBLIC ENTITY CRIMES. Pursuant to Section 287.133(3)(a),Florida Statutes: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Applicant represents that in submitting a Qualification Statement,the Applicant has not been placed on the convicted vendor list within the last 36 months and, in the event that the Applicant is placed on the convicted vendor list,the Applicant shall immediately notify the District whereupon the Applicant may be disqualified. SECTION 19. TABLE OF DEADLINES. For the convenience of the Applicants,the table provided below lists the relevant dates and times for the relevant aforementioned deadlines and events: Agenda Page#165 Event Time Pick-Up Time for Selection Manual 9:00a.m. (EST)on July 26,2019 Deadline for Submission of Questions Regarding 12:00p.m.(EST)on August 26,2019 Selection Manual Deadline for Submission of Qualification Statement 11:00a.m.(EST)on September 2,2019 and Other Required Materials Deadline for Selection Manual Protests Seventy-two(72)hours after the Submittal Deadline,with a more formal and detailed protest due seven(7)calendar days after the initial notice of protest was filed. Qualification Presentation at Meeting of District's Board of Supervisors 8:30a.m.(EST)on September 18,2019 Agenda Page#166 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES Collier County,Florida Evaluation Criteria 1) Ability and Adequacy of Professional Personnel (Weight: 20 Points) Consider the capabilities and experience of key personnel within the firm including certification, training,and education;affiliations and memberships with professional organizations;etc. 2) Engineer's Past Performance and Experience (Weight:25 Points) Experience on projects similar to the Project,and past performance regarding such projects;character, integrity,and reputation of respondent;etc. 3) Project Approach (Weight: 15 Points) Consider the firm's initial strategy for addressing the Project. 4) Geographic Location (Weight: 5 Points) Consider the geographic location of the firm's headquarters, offices and personnel in relation to the project. 5) Ability to Meet Time and Budget Requirements (Weight: 10 Points) Consider the consultant's ability to meet time and budget requirements including staffing levels and past performance on previous projects;etc. 6) Certified Minority Business Enterprise (Weight: 5 Points) Consider whether the firm is a Certified Minority Business Enterprise. Award either all eligible points or none. 7) Recent,Current and Projected Workloads (Weight: 5 Points) Consider the recent,current and projected workloads of the firm. 8) Volume of Work Previously Awarded to Engineer by District (Weight: 5 Points) Consider the desire to diversify the firms that receive work from the District;etc. 9) Financial Capacity (Weight: 10 Points) Consider the firm's financial capacity and insurance levels. APPLICANT'S TOTAL SCORE (100 Points Possible) Agenda Page#167 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES Collier County,Florida Architect-Engineer Qualifications,Standard Form 330 (OMB No.9000-0157,Expires 12/31/2020) Agenda Page#168 ARCHITECT-ENGINEER QUALIFICATIONS OMB Control Number: 9000.0167 Expiration Date: 12/31/2020 Paperwork Reduction Act Statement-Th s information collection meets the requirements of 44 USC 5 3507.es amended by section 2 of the Paperwork Reduction Act of 1995. You do not need to answer these questions unless we display a valid Office of Management and Budget(OMB)control number. The OMB control number for this collection is 9000-0157 We estimate that it will take 29 hours(25 hours for part 1 and 4 hours for Part 2)to read the instructions gather the facts,and answer the questions. Send only comments relating to our time estimate,including suggestions for reducing this burden,or any other aspects of this collection of information to General Services Administration,Regulatory Secretariat Division(MIV1CB).1800 F Street,NW,Washington,DC 20405. PURPOSE DEFINITIONS Federal agencies use this form to obtain information from Architect-Engineer Services: Defined in FAR 2.101. architect-engineer(A-E)firms about their professional qualifications. Federal agencies select firms for A-E contracts on Branch Office: A geographically distinct place of business or the basis of professional qualifications as required by 40 U.S.C. subsidiary office of a firm that has a key role on the team. chapter 11,Selection of Architects Engineers and Part 36 of the Federal Acquisition Regulation(FAR). Discipline: Primary technical capabilities of key personnel,as The Selection of Architects and Engineers statute requires the evidenced by academic degree, professional registration, public announcement of requirements for A-E services(with certification,and/or extensive experience. some exceptions provided by other statutes).and the selection of at least three of the most highly qualified firms based on Firm: Defined in FAR 36 102. demonstrated competence and professional qualifications according to specific criteria published in the announcement. Key Personnel: Individuals who will have major contract The Act then requires the negotiation of a contract at a fair and responsibilities and/or provide unusual or unique expertise. reasonable price starting first with the most highly qualified firm. The information used to evaluate firms is from this form and other SPECIFIC INSTRUCTIONS sources,including performance evaluations,any additional data requested by the agency,and interviews with the most highly Part I-Contract-Specific Qualifications qualified firms and their references. Section A.Contract Information. GENERAL INSTRUCTIONS 1. Title and Location. Enter the title and location of the contract for which this form is being submitted,exactly as shown Part I presents the qualifications for a specific contract. in the public announcement or agency request. 2. Public Notice Date. Enter the posted date of the agency's Part II presents the general qualifications of a firm or a specific notice on the Federal Business Opportunity website branch office of a firm. Part II has two uses: (FedBizOpps), other form of public announcement or agency request for this contract. 1. An A-E firm may submit Part II to the appropriate central, regional or local office of each Federal agency to be kept on file. 3. Solicitation or Project Number, Enter the agency's A public announcement is not required for certain contracts,and solicitation number and/or project number, if applicable, agencies may use Part II as a basis for selecting at least three of exactly as shown in the public announcement or agency request the most highly qualified firms for discussions prior to requesting for this contract submission of Part I. Firms are encouraged to update Part II on file with agency offices,as appropriate,according to FAR Part Section B. Architect-Engineer Point of Contact. 36. If a firm has branch offices,submit a separate Part II for each branch office seeking work. 4.8. Name, Title, Name of Firm. Telephone Number, Fax (Facsimile) Number and E-mail (Electronic Mail) Address, 2. Prepare a separate Part II for each firm that will be part of Provide information for a representative of the prime contractor the team proposed for a specific contract and submitted with Part or joint venture that the agency can contact for additional I. If a firm has branch offices,submit a separate Part II for each information. branch office that has a key role on the team. INDIVIDUAL AGENCY INSTRUCTIONS Individual agencies may supplement these instructions. For example,they may limit the number of projects or number of pages submitted in Part I in response to a public announcement for a particular project. Carefully comply with any agency instructions when preparing and submitting this form. Be as concise as possible and provide only the information requested by the agency. AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(REV.8/2016)PAGE 1 OF INSTRUCTIONS Prescribed by GSA-FAR(48 CFR)53.236-2(b) Agenda Page#169 Section C. Proposed Team. 19. Relevant Projects. Provide information on up to five projects in which the person had a significant role that 9-11. Firm Name,Address,and Role in This Contract. demonstrates the person's capability relevant to her/his proposed Provide the contractual relationship,name,full mailing address, role in this contract. These projects do not necessarily have to and a brief description of the role of each firm that will be be any of the projects presented in Section F for the project team involved in performance of this contract. List the prime if the person was not involved in any of those projects or the contractor or joint venture partners first. If a firm has branch person worked on other projects that were more relevant than offices,indicate each individual branch office that will have a key the team projects in Section F. Use the check box provided to role on the team. The named subcontractors and outside indicate if the project was performed with any office of the current associates or consultants must be used,and any change must firm, If any of the professional services or construction projects be approved by the contracting officer.(See FAR Part 52 Clause are not complete,leave Year Completed blank and indicate the "Subcontractors and Outside Associates and Consultants status in Brief Description and Specific Role(block(3)). (Architect-Engineer Services)"). Attach an additional sheet in the same format as Section C if needed. Section F. Example Projects Which Best Illustrate Proposed Team's Qualifications for this Contract. Section D. Organizational Chart of Proposed Team. Select projects where multiple team members worked As an attachment after Section C,present an organizational together,if possible,that demonstrate the team's capability to chart of the proposed team showing the names and roles of all perform work similar to that required for this contract. Complete key personnel listed in Section E and the firm they are one Section F for each project. Present ten projects,unless associated with as listed in Section C. otherwise specified by the agency. Complete the following blocks for each project: Section E. Resumes of Key Personnel Proposed for this Contract. 20. Example Project Key Number. Start with"1"for the first project and number consecutively. Complete this section for each key person who will participate in this contract. Group by firm,with personnel of the 21. Title and Location. Title and location of project or prime contractor or joint venture partner firms first. The following contract. For an indefinite delivery contract,the location is the blocks must be completed for each resume: geographic scope of the contract. 12. Name. Self-explanatory. 22. Year Completed. Enter the year completed of the professional services(such as planning,engineering study, 13. Role in this contract. Self-explanatory. design,or surveying),and/or the year completed of construction, if applicable. If any of the professional services or the 14. Years Experience. Total years of relevant experience construction projects are not complete,leave Year Completed blank and indicate the status in Brief Description of Project and (block 14a),and years of relevant experience with current firm, Relevance to this Contract(block 24). but not necessarily the same branch office(block 14b). 23a. Project Owner. Project owner or user,such as a 15. Firm Name and Location. Name,city and state of the government agency or installation,an institution,a corporation or firm where the person currently works,which must correspond private individual. with one of the firms(or branch office of a firm,if appropriate) listed in Section C. 23b. Point of Contact Name. Provide name of a person associated with the project owner or the organization which 16. Education. Provide information on the highest relevant contracted for the professional services,who Is very familiar with academic degree(s)received. Indicate the area(s)of the project and the firm's(or firms')performance. specialization for each degree. 23c. Point of Contact Telephone Number. Self-explanatory. 17. Current Professional Registration. Provide information on current relevant professional registration(s)in a State or 24. Brief Description of Project and Relevance to this possession of the United States,Puerto Rico,or the District of Contract. Indicate scope,size,cost,principal elements and Columbia according to FAR Part 36. special features of the project. Discuss the relevance of the example project to this contract. Enter any other information 18. Other Professional Qualifications. Provide information requested by the agency for each example project. on any other professional qualifications relating to this contract, such as education,professional registration,publications. organizational memberships,certifications,training,awards,and foreign language capabilities. STANDARD FORM 330(REV.8/2016) PAGE 2 OF INSTRUCTIONS Agenda Page#170 25. Firms from Section C Involved with this Project. Indicate 29. Example Projects Key. List the key numbers and titles of which firms(or branch offices, if appropriate)on the project team the example projects in the same order as they appear in Section were involved in the example project,and their roles. List in the F. same order as Section C. Section H. Additional Information. Section G. Key Personnel Participation in Example Projects. 30. Use this section to provide additional information This matrix is intended to graphically depict which key specifically requested by the agency or to address selection personnel identified in Section E worked on the example projects criteria that are not covered by the information provided in listed in Section F. Complete the following blocks(see example Sections A-G. below). Section I. Authorized Representative. 26.and 27. Names of Key Personnel and Role in this Contract. List the names of the key personnel and their 31.and 32. Signature of Authorized Representative and proposed roles in this contract in the same order as they appear Date. An authorized representative of a Joint venture or the in Section E. prime contractor must sign and date the completed form. Signing attests that the information provided is current and 28. Example Projects Listed in Section F. In the column factual,and that all firms on the proposed team agree to work on under each project key number(see block 29)and for each key the project. Joint ventures selected for negotiations must make person,place an"X"under the project key number for available a statement of participation by a principal of each participation in the same or similar role. member of the joint venture. 33. Name and Title. Self-explanatory. SAMPLE ENTRIES FOR SECTION G (MATRIX) 26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F PERSONNEL CONTRACT (Fill in "Example Projects Key"section below first.before (From Section E, (From Section E, completing table. Place'7C"under project key number for Block 12) Block 13) participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 X X Jane A. Smith Chief Architect Joseph B. Williams Chief Mechanical Engineer X X X X Tara C. Donovan Chief Electricial Engineer X X X 29. EXAMPLE PROJECTS KEY NUMBER TITLE OF EXAMPLE PROJECT(From Section F) NUMBER TITLE OF EXAMPLE PROJECT(From Section F) 1 Federal Courth.'use, Denver, CO 6 XYZ Corporation Headquarters, Boston, MA 2 Justin J. Wilsun Federal Building, 7 Founder's Museum, Newport, RI Baton R' uge, LA STANDARD FORM 330(REV.8/2016) PAGE 3 OF INSTRUCTIONS Agenda Page#171 Part II-General Qualifications See the"General Instructions"on page 1 for firms w,th branch 9, Employees by Discipline. Use the relevant disciplines and offices. Prepare Part II for the specific branch office seeking associated function codes shown at the end of these instructions work if the firm has branch offices. and list in the same numerical order. After the listed disciplines, write in any additional disciplines and leave the function code 1. Solicitation Number. If Part II is submitted for a specific blank. List no more than 20 disciplines. Group remaining contract,insert the agency's solicitation number andlor project employees under"Other Employees"in column b. Each person number,if applicable,exactly as shown in the public can be counted only once according to his/her primary function. announcement or agency request. If Part II is prepared for a firm(including all branch offices),enter the number of employees by disciplines in column c(1). If Part 11 2a-2e. Firm(or Branch Office)Name and Address. Sell- is prepared for a branch office,enter the number of employees explanatory. by discipline in column c(2)and for the firm in column c(1). 3. Year Established. Enter the year the firm(or branch 10. Profile of Firm's Experience and Annual Average office,if appropriate)was established under the current name. Revenue for Last 5 Years. Complete this block for the firm or branch office for which this Part II is prepared. Enter the 4. Unique Entity Identifier. Insert the unique entity identifier experience categories which most accurately reflect the firm's issued by the entity designated at SAM. See FAR part 4.6. technical capabilities and project experience. Use the relevant experience categories and associated profile codes shown at the 5. Ownership_ end of these instructions,and list in the same numerical order. After the fisted experience categories,write in any unlisted a.Type. Enter the type of ownership or legal structure of the relevant project experience categories and leave the profile ¶'rm(sole proprietor,partnership,corporation.joint venture etc.). codes blank, For each type of experience,enter the appropriate revenue index number to rafted the professional services b.Small Business Status. Refer to the North American revenues received annually(averaged over the last 5 years)by Industry Classification System(NAICS)code in the public the firm or branch office for performing that type of work. A announcement,and indicate if the firm is a small business particular project may be identified with one experience category according to the current size standard for that NAICS code(for or it may be broken into components,as best reflects the example.Engineering Services(part of NAICS 541330), capabilities and types of work performed by the firm. However, Architectural Services(NAICS 541310),Surveying and Mapping do not double count the revenues received on a particular Services(NAICS 541370)). The small business categories and project. the intemet website for the NAICS codes appear in FAR part 19. Contact the requesting agency for any questions. Contact your 11. Annual Average Professional Services Revenues of Firm local U.S.Small Business Administration office for any questions for Last 3 Years. Complete this block for the firm or branch office regarding Business Status. for which this Part II is prepared. Enter the appropriate revenue index numbers to reflect the professional services revenues 6a-6c. Point of Contact. Provide this information for a received annually(averaged over the last 3 years)by the firm or representative of the firm that the agency can contact for branch office, Indicate Federal work(performed directly for the additional information. The representative must be empowered Federal Government,either as the prime contractor or to speak on contractual and policy matters. subcontractor), non-Federal work(all other domestic and foreign work, including Federally-assisted projects),and the total. If the 7. Name of Firm. Enter the name of the firm if Part II is firm has been in existence for less than 3 years,see the prepared for a branch office. definition for"Annual Receipts"under FAR 19.101. 6a-8c. Former Firm Names Indicate any other previous 12. Authorized Representative. An authorized names for the firm(or branch office)during the last six years. representative of the firm or branch office must sign and date the Insert the year that this corporate name change was effective completed form. Signing attests that the information provided is and the associated unique entity identifier. This information is current and factual. Provide the name and title of the authorized used to review past performance on Federal contracts. representative who signed the form. STANDARD FORM 330(REV.8/2016) PAGE 4 OF INSTRUCTIONS Agenda Page#172 List of Disciplines (Function Codes) Code Description Code Description 01 Acoustical Engineer 32 Hydraulic Engineer 02 Administrative 33 Hydrographic Surveyor 03 Aerial Photographer 34 Hydrologist 04 Aeronautical Engineer 35 Industrial Engineer 05 Archeologist 36 Industrial Hygienist 06 Architect 37 Interior Designer 07 Biologist 38 Land Surveyor 08 CADD Technician 39 Landscape Architect 09 Cartographer 40 Materials Engineer 10 Chemical Engineer 41 Materials Handling Engineer 11 Chemist 42 Mechanical Engineer 12 Civil Engineer 43 Mining Engineer 13 Communications Engineer 44 Oceanographer 14 Computer Programmer 45 Photo Interpreter 15 Construction Inspector 46 Photogrammelrist 16 Construction Manager 47 Planner: Urban/Regional 17 Corrosion Engineer 48 Project Manager 18 Cost Engineer/Estimator 49 Remote Sensing Specialist 19 Ecologist 50 Risk Assessor 20 Economist 51 Safety/Occupational Health Engineer 21 Electrical Engineer 52 Sanitary Engineer 22 Electronics Engineer 53 Scheduler 23 Environmental Engineer 54 Security Specialist 24 Environmental Scientist 55 Soils Engineer 25 Fire Protection Engineer 56 Specifications Writer 26 Forensic Engineer 57 Structural Engineer 27 Foundation/Geotechnical Engineer 58 Technician/Analyst 28 Geodetic Surveyor 59 Toxicologist 29 Geographic Information System Specialist 60 Transportation Engineer 30 Geologist 61 Value Engineer 31 Health Facility Planner 62 Water Resources Engineer STANDARD FORM 330(REV.8/2016) PAGE 6 OF INSTRUCTIONS Agenda Page#173 List of Experience Categories (Profile Codes) Code Description Code Description A01 Acoustics,Noise Abatement E01 Ecological&Archeological Investigations A02 Aerial Photography Airborne Data and Imagery E02 Educational Facilities;Classrooms Collection and Analysis E03 Electrical Studies and Design A03 Agricultural Development;Grain Storage,Farm Mechanization E04 Electronics A04 Air Pollution Control E05 Elevators;Escalators;People-Movers A05 Airports;Navaids;Airport Lighting,Aircraft Fueling £06 Embassies and Chanceries A06 Airports;Terminals and Hangars;Freight Handling E07 Energy Conservation;New Energy Sources A07 Arctic Facilities £06 Engineering Economics E09 Environmental Impact Studies A08 Animal Facilities Assessments or Statements A09 Anti-Terrorism/Force Protection El0 Environmental and Natural Resource A10 Asbestos Abatement Mapping All Auditoriums&Theaters El I Environmental Planning Al2 Automation,Controls Instrumentation E12 Environmental Remediation E13 Environmental Testing and Analysis B01 Barracks;Dormitories B02 Bridges F01 Fallout Shelters;Blast-Resistant Design F02 Field Houses;Gyms;Stadiums C01 Cartography F03 Fire Protection CO2 Cemeteries(Planning&Relocation) F04 Fisheries;Fish ladders F05 Forensic Engineering CO3 Charting:Nautical and Aeronautical F06 Forestry&Forest products C04 Chemical Processing&Storage C05 Child Care/Development Facilities G01 Garages;Vehicle Maintenance Facilities; C06 Churches Chapels Parking Decks C07 Coastal Engineering G02 Gas Systems(Propane;Natural,Etc.) CO8 Codes;Standards;Ordinances G03 Geodetic Surveying:Ground and Air-borne CO9 Cold Storage;Refrigeration and Fast Freeze G04 Geographic Information System Services: C10 Commercial Building(/ow rise);Shopping Centers Development,Analysis,and Data Collection C11 Community Facilities G05 Geospatial Data Conversion:Scanning, C12 Communications Systems;TV;Microwave Digitizing,Compilation,Attributing,Scribing. C13 Computer Facilities;Computer Service Drafting C14 Conservation and Resource Management GO6 Graphic Design C15 Construction Management H01 Harbors;Jetties;Piers,Ship Terminal C16 Construction Surveying Facilities C17 Corrosion Control;Cathodic Protection, Electrolysis 1102 Hazardous Materials Handling and Storage C18 Cost Estimating;Cost Engineering and H03 Hazardous,Toxic,Radioactive Waste Analysis;Parametric Costing,Forecasting Remediation C19 Cryogenic Facilities H04 Heating;Ventilating;Air Conditioning H05 Health Systems Planning D01 Darns(Concrete;Arch) 1106 Highrise;Air-Rights-Type Buildings DO2 Dams(Earth;Rock);Dikes,Levees H07 Highways;Streets;Airfield Paving; Parking D03 Desalinization(Process&Facilities) Lots HO8 Historical Preservation D04 Design-Build-Preparation of Requests for Proposals H09 Hospital&Medical Facilities D05 Digital Elevation and Terrain Model Development 1110 Hotels;Motels DO6 Digital Orthophotography H11 Housing (Residential,Multi-Family; D07 Dining Halls;Clubs;Restaurants Apartments;Condominiums) DO8 Dredging Studies and Design 1112 Hydraulics&Pneumatics H13 Hydrographic Surveying STANDARD FORM 330(REV.8/2016) PAGE 6 OF INSTRUCTIONS Agenda Page#174 List of Experience Categories(Profile Codes continued) Code Description Code Description 101 Industrial Buildings;Manufacturing Plants P09 Product,Machine Equipment Design 102 Industrial Processes;Quality Control P10 Pneumatic Structures,Air-Support Buildings 103 Industrial Waste Treatment P11 Postal Facilities 104 Intelligent Transportation Systems P12 Power Generation,Transmission,Distribution 105 Interior Design;Space Planning P13 Public Safety Facilities 106 Irrigation;Drainage RO1 Radar;Sonar;Radio&Radar Telescopes J01 Judicial and Courtroom Facilities R02 Radio Frequency Systems&Shieldings LO1 Laboratories;Medical Research Facilities R03 Railroad;Rapid Transit L02 Land Surveying R04 Recreation Facilities(Parks,Marinas,Etc.) L03 Landscape Architecture R05 Refrigeration Plants/Systems L04 Libraries;Museums;Galleries RO6 Rehabilitation(Buildings;Structures;Facilities) L05 Lighting(Interior;Display;Theater,Etc.) R07 Remote Sensing L06 Lighting(Exteriors;Streets. Memorials; R08 Research Facilities Athletic Fields,Etc.) R09 Resources Recovery;Recycling MO1 Mapping Location/Addressing Systems R10 Risk Analysis M02 Materials Handling Systems;Conveyors;Sorters R11 Rivers;Canals;Waterways;Flood Control M03 Metallurgy R12 Roofing M04 Microclimatology;Tropical Engineering SO1 Safety Engineering;Accident Studies;OSHA M05 Military Design Standards Studies MOB Mining&Mineralogy SO2 Security Systems;Intruder&Smoke Detection M07 Missile Facilities(Silos;Fuels;Transport) S03 Seismic Designs&Studies MOB Modular Systems Design;Pre-Fabricated Structures or SO4 Sewage Collection,Treatment and Disposal Components S05 Soils&Geologic Studies;Foundations SO6 Solar Energy Utilization NO1 Naval Architecture;Off-Shore Platforms S07 Solid Wastes;Incineration; Landfill NO2 Navigation Structures;Locks S08 Special Environments;Clean Rooms,Etc. NO3 Nuclear Facilities;Nuclear Shielding S09 Structural Design;Special Structures 001 Office Buildings;Industrial Parks 510 Surveying;Platting;Mapping;Flood 002 Oceanographic Engineering Plain Studies 003 Ordnance;Munitions;Special Weapons S11 Sustainable Design S12 Swimming Pools P01 Petroleum Exploration;Refining 513 Storm Water Handling&Facilities P02 Petroleum and Fuel(Storage and Distribution) TO1 Telephone Systems(Rural;Mobile;Intercom, P03 Photogrammetry Etc.) PO4 Pipelines(Cross-Country-Liquid&Gas) T02 Testing&Inspection Services P05 Planning(Community,Regional,Areawide and State) T03 Traffic&Transportation Engineering T04 Topographic Surveying and Mapping P06 Planning(Site,Installation,and Project) T05 Towers(Self-Supporting&Guyed Systems) P07 Plumbing&Piping Design 106 Tunnels&Subways P06 Prisons&Correctional Facilities STANDARD FORM 330(REV.8/2016) PAGE 7 OF INSTRUCTIONS Agenda Page#175 List of Experience Categories (Profile Codes continued) Code Description U01 Unexploded Ordnance Remediation UO2 Urban Renewals;Community Development UO3 Utilities(Gas and Steam) V01 Value Analysis;Life-Cycle Costing W01 Warehouses&Depots W02 Water Resources;Hydrology;Ground Water W03 Water Supply;Treatment and Distribution W04 Wind Tunnels; Research/Testing Facilities Design Z01 Zoning;Land Use Studies STANDARD FORM 330(REV.812016) PAGE 8 OF INSTRUCTIONS Agenda Page#176 ARCHITECT - ENGINEER QUALIFICATIONS PART I-CONTRACT-SPECIFIC QUALIFICATIONS A. CONTRACT INFORMATION 1. TITLE AND LOCATION (City end State) 2. PUBLIC NOTICE DATE 3. SOLICITATION OR PROJECT NUMBER B. ARCHITECT-ENGINEER POINT OF CONTACT 4. NAME AND TITLE 5. NAME OF FIRM 6. TELEPHONE NUMBER 7. FAX NUMBER B. E-MAIL ADDRESS C. PROPOSED TEAM (Complete this section for the prime contractor and a!!key subcontractors.) (Check) 2 > O� 9. FIRM NAME 10. ADDRESS 11. ROLE IN THIS CONTRACT L'Ng- a. ❑CHECK IF BRANCH OFFICE b. ❑CHECK IF BRANCH OFFICE C. ❑CHECK IF BRANCH OFFICE d, ❑CHECK IF BRANCH OFFICE e. ❑CHECK IF BRANCH OFFICE f. El CHECK IF BRANCH OFFICE D. ORGANIZATIONAL CHART OF PROPOSED TEAM ❑ (Attached) AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 330(REV.812016) Agenda Page#177 E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT (Complete one Section E for each key person.) 12. NAME 13. ROLE IN THIS CONTRACT 14. YEARS EXPERIENCE a.TOTAL b.WITH CURRENT FIRM 15. FIRM NAME AND LOCATION (City and State) 16. EDUCATION(Degree and Specialization) 17 CURRENT PROFESSIONAL REGISTRATION(State and Discipline) 18. OTHER PROFESSIONAL QUALIFICATIONS(Publicadons.Organizations.Training.Awards.etc.) 19. RELEVANT PROJECTS (1)TITLE AND LOCATION(City and State) (2)YEAR COMPI.ETED PROFESSIONAL SERVICES CONSTRUCTION(ll appd'cab)e) (3)BRIEF DESCRIPTION(Brief scope.size.cost.etc.)AND SPECIFIC ROLE [3 Check if project performed with current firm a. (1)TITLE AND LOCATION(City end State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(11 applicable) (3)BRIEF DESCRIPTION(Brief scope.size.cost etc.)AND SPECIFIC ROLE El Check if project performed with current firm b. (1)TITLE AND LOCATION(City and Slate) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) (3)BRIEF DESCRIPTION(Brief scope.size.cost,etc.)AND SPECIFIC ROLE []Check if project performed with current firm C. (1)TITLE AND LOCATION(City end State) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) d (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE 0 Check if project performed with current firm (1)TITLE AND LOCATION(City and Slate) (2)YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(If applicable) (3)BRIEF DESCRIPTION(Brief scope,size,cost,etc.)AND SPECIFIC ROLE []Check if project performed with current firm B. STANDARD FORM 330(REV.8/2016)PAGE 2 Agenda Page#178 F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S 20. EXAMPLE PROJECT KEY QUALIFICATIONS FOR THIS CONTRACT NUMBER (Present as many projects as requested by the agency,or 10 projects,if not specified. Complete one Section F for each project.) 21. TITLE AND LOCATION(City and State) 22. YEAR COMPLETED PROFESSIONAL SERVICES CONSTRUCTION(It applicable) 23. PROJECT OWNER'S INFORMATION a PROJECT OWNER b.POINT OF CONTACT NAME c.POINT OF CONTACT TELEPHONE NUMBER 24. BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope,size,and cost) 25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE a. (i)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE b. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE C. (1)FIRM NAME (2)FIRM LOCATION(City end State) (31 ROLE d. (1)FIRM NAME (2)FIRM LOCATION(City and Slate) (3)ROLE e. (1)FIRM NAME (2)FIRM LOCATION(City and State) (3)ROLE STANDARD FORM 330(REV.8/2016)PAGE 3 Agenda Page#179 G. KEY PERSONNEL PARTICIPATION IN EXAMPLE PROJECTS 26. NAMES OF KEY 27. ROLE IN THIS 28. EXAMPLE PROJECTS LISTED IN SECTION F PERSONNEL CONTRACT (Fill in"Example Projects Key"section below before completing table. (From Section E,Block 12) (From Section E,Block 13) Place'X"under project key number for participation in same or similar role.) 1 2 3 4 5 6 7 8 9 10 29. EXAMPLE PROJECTS KEY NUMBER TITLE OF EXAMPLE PROJECT(From Section F) NUMBER TITLE OF EXAMPLE PROJECT(From Section F) 1 6 2 7 3 8 4 9 5 10 STANDARD FORM 330(REV.812016)PAGE 4 Agenda Page#180 H. ADDITIONAL INFORMATION 30. PROVIDE ANY ADDITIONAL INFORMATION REQUESTED BY THE AGENCY ATTACH ADDITIONAL SHEETS AS NEEDED. I. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. 31. SIGNATURE 32. DATE 33. NAME AND TITLE STANDARD FORM 330(REV.8/2016)PAGE 6 Agenda Page#181 1. SOLICITATION NUMBER(It any) ARCHITECT-ENGINEER QUALIFICATIONS PART II-GENERAL QUALIFICATIONS (If a firm has branch offices, complete for each specific branch office seeking work) 2a. FIRM{or Branch Office)NAME 3. YEAR ESTABLISHED 4. UNIQUE ENTITY IDENTIFIER 2b. STREET 5. OWNERSHIP a.TYPE 2c. CITY 2d. STATE 2e. ZIP CODE b.SMALL BUSINESS STATUS 6a. POINT OF CONTACT NAME AND TITLE 7. NAME OF FIRM Of Block 2a is a Branch Office) 6b. TELEPHONE NUMBER Sc. E-MAIL AODRESS 8a, FORMER FIRM NAME(S)(It any) 8b. YEAR ESTABLISHED 8c. UNIQUE ENTITY IDENTIFIER 9. EMPLOYEES BY DISCIPLINE 10. PROFILE OF FIRM'S EXPERIENCE AND ANNUAL AVERAGE REVENUE FOR LAST 5 YEARS a.Function b.Discipline c.Number of Employees a.Profile b Experience C.R venue e Index Code (1)FIRM (2)BRANCH Code (see kelOw) Other Employees Total 11. ANNUAL AVERAGE PROFESSIONAL PROFESSIONAL SERVICES REVENUE INDEX NUMBER SERVICES REVENUES OF FIRM FOR LAST 3 YEARS 1. Less than$100,000 6. $2 million to less than$5 million (Insert revenue index number shown at right) 2. $100,000 to less than$250,000 7. $5 million to less than$10 million a. Federal Work 3. $250,000 to less than$500,000 B. $10 million to less than$25 million b. Non-Federal Work 4. $500,000 to less than$1 million 9. $25 million to less than$50 million c.Total Work 5. $1 million to less than$2 million 10. $50 million or greater 12. AUTHORIZED REPRESENTATIVE The foregoing is a statement of facts. a.SIGNATURE b.DATE c.NAME AND TITLE STANDARD FORM 330(REV.8/2016)PAGE 6 Agenda Page#182 AFFIDAVIT OF ACKNOWLEDGMENTS 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 ("Applicant"),and am authorized to make this Affidavit of Acknowledgments on behalf of Applicant. 2. I assisted with the preparation of, and have reviewed, the Applicant's Qualification Statement("Qualification Statement")provided in response to the Key Marco Community Development District Request for Qualifications for Professional Engineering 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 Applicant to constitute good cause for rejection of the Qualification Statement. 3. I do hereby certify that the Applicant has submitted only a single Qualification Statement and has not, either directly or indirectly, participated in collusion relating to the submission of the Qualification Statement. 4. The Applicant agrees through submission of the Qualification Statement to honor its Qualification Statement for one hundred and twenty (120) days from the opening of the Qualification Statements,and if awarded the contract on the basis of this Qualification Statement and further negotiations with the District,to enter into and execute the contract in a form substantially similar to that included in the Selection Manual. 5. The Applicant acknowledges the receipt of the complete Selection Manual as provided by the District and as described in the Selection Manual's Table of Contents,and,to the extent that Addendums have been issued,the receipt of the following Addendum No.'s: 6. By signing below,and by not filing a protest within the seventy-two(72)hour period after the Submittal Deadline, the Applicant acknowledges that (i) the Applicant has read, understood, and accepted the Selection Manual; (ii) the Applicant has had an opportunity to consult with legal counsel regarding the Selection Manual; (iii) the Applicant has agreed to the terms of the Selection Manual; and (iv)the Applicant has waived any right to challenge any matter relating to the Selection Manual,including but not limited to any protest relating to the Qualification Statement notice, instructions,the contract form, the scope of work,the evaluation criteria,the evaluation process established in the Selection Manual, or any other issues or items relating to the Selection Manual. 7. The Applicant authorizes and requests any person, firm or corporation to furnish any pertinent information requested by the Key Marco Community Development District, or its authorized agents, deemed necessary to verify the statements made in the Qualification Statement, or regarding the ability,standing,integrity,quality of performance,efficiency,and general reputation of the Applicant. Under penalties of perjury under the laws of the State of Florida, I declare that I have read the foregoing Affidavit of Acknowledgments and that the foregoing is true and correct. Agenda Page#183 Dated this day of ,2019. Applicant: By: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2019, 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: Agenda Page#184 SWORN STATEMENT UNDER SECTION 287.133, FLORIDA STATUTES,REGARDING PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. This sworn statement is submitted to Key Marco Community Development District. 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 ("Applicant"), and am authorized to make this Sworn Statement on behalf of Applicant. 2. Applicant's business address is 3. Applicant's Federal Employer Identification Number(FEIN)is (If the Applicant has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 4. 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 bid,proposal,reply, or contract for goods or services,any lease for real property,or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy,or material misrepresentation." 5. 1 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." 6. I understand that an "affiliate"as defined in Section 287.133(1)(a),Florida Statutes,means: A predecessor or successor of a person convicted of a public entity crime; or 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. Agenda Page#185 7. 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 bids or applies to bid on contracts 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." 8. Based on information and belief,the statement which I have marked below is true in relation to the Applicant 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.) (Signatures on Following Page) Agenda Page#186 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, Florida Statutes, Regarding Public Entity Crimes and all of the information provided is true and correct. Dated this day of 2019. Applicant: By: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,2019, 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: Agenda Page#187 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL ENGINEERING SERVICES Collier County,Florida Form of Contract Agenda Page#188 • AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (this "Agreement")is made and entered into effective this day of , 2017, by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT,a local unit of special-purpose government established pursuant to Chapter 190,Florida Statutes(the"District")and ,a Florida corporation(the"Engineer"). RECITALS WHEREAS,the District is a local unit of special purpose government established pursuant to the Uniform Community Development District Act of 1980,as codified in Chapter 190,Florida Statutes, by ordinance of the City Council of the City of Bonita Springs,Florida;and WHEREAS,the District is authorized to plan,acquire and/or maintain improvements,facilities and services in conjunction with the development and maintenance of the lands within the District;and WHEREAS, pursuant to Sections 190.033 and 287.055,Florida Statutes,the District solicited qualifications from qualified firms and individuals to provide professional engineering services to the District on a continuing basis;and WHEREAS,Engineer submitted a proposal to serve in this capacity;and WHEREAS,the District's Board of Supervisors ranked Engineer as the most qualified firm to provide professional engineering services for the District and authorized the negotiation of a contract pursuant to Section 287.055, Florida Statutes;and WHEREAS, the District intends to employ Engineer to perform engineering, construction administration,environmental management and permitting, financial and economic studies, as defined by a separate work authorization or work authorizations;and WHEREAS,the Engineer shall serve as District's professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during performance of these services. NOW,THEREFORE,for and in consideration of the mutual covenants herein contained,the acts and deeds to be performed by the parties hereto and the payments by the District to the Engineer of the sums of money herein specified,it is mutually covenanted and agreed as follows: ARTICLE 1. INCORPORATION OF RECITALS. The recitals stated above are true and correct and are incorporated by reference herein as a material part of this Agreement. ARTICLE 2. SCOPE OF SERVICES. A. The Engineer will provide general engineering services,including: 1. Preparation of any necessary reports and attendance at meetings of the District's Board of Supervisors. 1 Agenda Page#189 2. Assisting in meeting with necessary parties involving bond issues, special reports,feasibility studies or other tasks. 3. Providing professional engineering services including but not limited to review and execution of documents under the District's Trust Indentures and monitoring of District projects. 4. Any other items requested by the Board of Supervisors. B. Engineer shall, when authorized by the Board, provide general services related to construction of any District projects including,but not limited to: 1. Periodic visits to the site, or full time construction management of District projects,as directed by District. 2. Processing of contractor's pay estimates. 3. Preparation of,and/or assistance with,the preparation of work authorizations, requisitions, change orders and acquisitions for review by the District Manager,District Counsel and the Board. 4. Final inspection and requested certificates for construction including the final certificate of construction. 5. Consultation and advice during construction, including performing all roles and actions required of any construction contract between District and any contractor(s) in which Engineer is named as owner's representative or "Engineer." 6. Any other activity related to construction as authorized by the Board. C. With respect to maintenance of the facilities,Engineer shall render such services as authorized by the Board. ARTICLE 3. METHOD OF AUTHORIZATION. A. Each service or project shall be authorized in writing by the District. The written authorization shall be incorporated in a work authorization which shall include the scope of services, compensation, project schedule, and special provisions or conditions specific to the service or project bring authorized ("Work Authorization"). Authorization of services or projects under this Agreement shall be at the sole option of the District. B. Engineer shall perform its obligations under this Agreement as expeditiously and efficiently as are consistent with professional skill and care and the orderly progress of the construction of the District's facilities and improvements and meet such project schedules as may be developed by District and consistent with information provided to Engineer by District and applicable government agencies. Engineer agrees that all services shall be provided in such a manner as to meet District's reasonable expectation and to provide Engineer's best efforts to ensure the timely progression of the work being performed by the District. 2 Agenda Page#190 ARTICLE 4. COMPENSATION. It is understood and agreed that the payment of compensation for services under this Agreement shall be stipulated in each Work Authorization. One of the following methods will be utilized: A. Lump Sum Amount—The District and Engineer shall mutually agree to a lump sum amount for the services to be rendered payable monthly in direct proportion to the work accomplished. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Section 287.017 of the Florida Statutes for CATEGORY FOUR,the District shall require the Engineer to execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. The price for any lump sum Work Authorization, and any additions thereto, will be adjusted to exclude any significant sums by which the District determines the Work Authorization was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments must be made within one(1)year following the completion of the work contemplated by the lump sum Work Authorization. B. Hourly Personnel Rates—For services or projects where the scope of services is not clearly defined or recurring services or other projects where the District desires the use of the hourly compensation rates outlined in Exhibit A,attached hereto and incorporated by this reference. The District and Engineer may agree to a"not to exceed" amount when utilizing hourly personnel rates for a specific work authorization. ARTICLE 5. REIMBURSABLE EXPENSES. Reimbursable expenses consist of actual expenditures made by Engineer, its employees, or its consultants in the interest of the services for the incidental expenses as listed as follows: A. Expenses of transportation and living when traveling in connection with a project and fees paid for securing approval of authorities having jurisdiction over the project. All expenditures shall be made in accordance with Chapter 112, Florida Statutes,and with the District's travel policy. B. Expense of reproduction,postage and handling of drawings and specifications. ARTICLE 6. TERM OF AGREEMENT. It is understood and agreed that the term of this Agreement will be from the time of execution of this Agreement by the parties hereto until terminated in accordance with its terms. ARTICLE 7. SPECIAL CONSULTANTS. When authorized in writing by the District, additional special consulting services may be utilized by Engineer and paid for on a cost basis. ARTICLE 8. BOOKS AND RECORDS. Engineer shall maintain comprehensive books and records relating to any services performed under this Agreement, which shall be retained by Engineer for a period of at least four(4)years from and after completion of any services hereunder,or such further time as required under Florida law. The District,or its authorized representative,shall have the right to audit such books and records at all reasonable times upon prior notice to Engineer. 3 Agenda Page#191 ARTICLE 9. OWNERSHIP OF DOCUMENTS. A. All rights in and title to all plans,drawings,specifications,ideas,concepts,designs, sketches,models,programs,software,creation,inventions,reports,or other tangible work product originally developed by Engineer pursuant to this Agreement (the "Work Product")shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire. B. The Engineer shall deliver all Work Product to the District upon completion thereof, unless it is necessary for the Engineer in the District's sole discretion to retain possession for a longer period of time. Upon early termination of the Engineer's services hereunder, the Engineer shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product. Engineer shall retain copies of the Work Product for its permanent records,provided the Work Product is not used without the District's prior express written consent. The Engineer agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the Project. C. The District exclusively retains all manufacturing rights to all materials or designs developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including,without limitation,the right of reproduction,with respect to such work. The Engineer hereby assigns to the District any and all rights the Engineer may have including, without limitation, the copyright, with respect to such work. The Engineer acknowledges that the District is the motivating factor for,and for the purpose of copyright or patent,has the right to direct and supervise,the preparation of such copyrightable or patentable materials or designs. ARTICLE 10. ACCOUNTING RECORDS. Records of the Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. ARTICLE 11. REUSE OF DOCUMENTS. All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are instruments of service. Such documents are not intended or represented to be suitable for reuse by District or others on extensions of the work for which they were provided or on any other project. Any reuse without specific written consent by Engineer will be at the District's sole risk and without liability or legal exposure to Engineer. All documents including drawings,plans and specifications furnished by Engineer to District are subject to reuse in accordance with Section 287.055(10),Florida Statutes. ARTICLE 12. ESTIMATE OF COST. Since Engineer has no control over the cost of labor, materials,or equipment or over a contractor's methods of determining prices,or over competitive bidding or market conditions, Engineer's opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent Engineer's best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by 4 Agenda Page#192 Engineer. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and justify additional fees. ARTICLE 13. INSURANCE. A. Subject to the provisions of this Article,the Engineer shall,at a minimum,maintain throughout the term of this Agreement the following insurance: 1. Workers'Compensation Insurance in accordance with the laws of the State of Florida. 2.Commercial General Liability,Insurance,including,but not limited to,bodily injury (including contractual), property damage (including contractual), products and completed operations, and personal injury with limits of not less than One Million and No/100 Dollars($1,000,000.00)per occurrence, and not less than Two Million and No/100 Dollars ($2,000,000.00) in the aggregate covering all work performed under this Agreement. 3. Automobile Liability Insurance, including without limitation bodily injury and property damage,including all vehicles owned,leased,hired,and non- owned vehicles with limits of not less than One Million and No/100 Dollars ($1,000,000.00)combined single limit covering all work performed under this Agreement. 4. Professional Liability Insurance for Errors and Omissions,with limits of not less than Two Million and No/100 Dollars($2,000,000.00). B. All insurance policies secured by Engineer pursuant to the terms of this Agreement shall be written on an"occurrence"basis to the extent permitted by law. C. The District and the District's officers,supervisors,agents,staff,and representatives shall be named as additional insured parties, except with respect to the Worker's Compensation Insurance for which only proof of insurance shall be provided. The Engineer shall furnish the District with the Certificate of Insurance evidencing compliance with the requirements of this Section. No certificate shall be acceptable to the District, unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30)days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier,licensed to conduct business in the state of Florida D. If the Engineer 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 Engineer 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. ARTICLE 14. CONTINGENT FEE. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to 5 Agenda Page#193 solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual,or firm, other than a bona fide employee working solely for the Engineer, any fee,commission,percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 15. AUDIT. Records of the Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. The Engineer agrees that the District or any of its duly authorized representatives shall have access to and the right to examine any books, documents, papers, and records of the Engineer involving transactions related to the Agreement for a period of four(4)years or longer as required by law. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until either(a)the completion of an audit and resolution of all questions arising therefrom,or(b)three years after the expenditure of all funds under this Agreement, or(c)the public record retention period established by the District's records retention policy,whichever comes later. ARTICLE 16. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. In performing its obligations under this Agreement, the Engineer and each of its agents, servants, employees,or anyone directly or indirectly employed by the Engineer,shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction. If the Engineer fails to notify the District in writing within five(5)days of the receipt of any notice,order,required to comply notice,or a report of a violation or an alleged violation, made by any local,State,or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Engineer or any of its agents, servants,or employees,or fails to comply with any requirement of such agency within five(5)days after receipt of any such notice,order request to comply notice,or report of a violation or an alleged violation, the District may terminate this Agreement,such termination to be effective upon the giving of notice of termination. ARTICLE 17. COMPLIANCE WITH PROFESSIONAL STANDARDS. In performing its obligations under this Agreement,the Engineer and each of its agents, servants, employees, or anyone directly or indirectly employed by Engineer,shall maintain the highest standard of care,skill,diligence, and professional competency for such work and/or services. Any designs, drawings, reports, or specifications prepared or furnished by Engineer that contain errors, conflicts, or omissions will be promptly corrected by Engineer at no cost to the District. ARTICLE 18. INDEMNIFICATION. The Engineer agrees,to the fullest extent permitted by law, to indemnify, defend, and hold harmless the District and the District's officers, supervisors, agents, staff, and representatives (together, the "Indemnitees"), from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Engineer and other persons employed or utilized by the Engineer in the performance of this Agreement, including without limitation the Engineer's contractors,subcontractors,and sub-subcontractors. To the extent a limitation on liability is required by Section 725.06, Florida Statutes or other applicable law, liability under this section shall in no event exceed the sum of Two Million Dollars and No Cents($2,000,000.00) and Engineer shall carry,at his own expense, insurance in a company satisfactory to District to cover the aforementioned liability. Engineer agrees such limitation bears a reasonable commercial relationship to the Agreement and was part of the project specifications or hid documents. The Engineer agrees and covenants that nothing herein shall constitute or be construed as a waiver of the District's sovereign immunity pursuant to Section 768.28,Florida Statutes,or other law,and nothing in the Agreement shall inure to the benefit of 6 Agenda Page#194 any third party for the purpose of allowing any claim which would otherwise he barred under the Doctrine of Sovereign Immunity or by operation of law. In the event that any indemnification,defense,or hold harmless provision of this Agreement is determined to be unenforceable,the provision shall be reformed in accordance with the mutual intent of the Engineer and the District to provide indemnification,defense, and hold harmless provisions to the maximum effect allowed by Florida law and for the benefit of the Indemnitees. ARTICLE 19. EMPLOYMENT VERIFICATION. The Engineer agrees that it shall bear the responsibility for verifying the employment status,under the Immigration Reform and Control Act of 1986,of all persons it employs in the performance of this Agreement. ARTICLE 20. INDEPENDENT CONTRACTOR. In all matters relating to this Agreement, the District and the Engineer agree and acknowledge that the Engineer shall serve as an independent contractor of the District. Neither the Engineer nor employees of the Engineer,if any,are employees of the District under the meaning or application of any Federal or State unemployment, insurance laws,or any other potentially applicable laws. The Engineer agrees to assume all liabilities or obligations by any one or more of such laws with respect to employees of the Engineer, if any, in the performance of this Agreement. The Engineer shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Engineer shall have no authority to represent as agent, employee,or in any other capacity the District, unless set forth differently herein or authorized by vote of the Board. ARTICLE 21. CONTROLLING LAW. The Engineer and the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. Venue for all proceedings with respect to this Agreement shall be Lee County,Florida. ARTICLE 22. NOTICE. Any notice provided by this Agreement to be served in writing upon either of the parties shall be deemed sufficient if hand delivered, sent by commercial overnight courier, or regular U.S.mail,to the authorized representative of the other party at the addresses below or to such other addresses as the parties hereto may hereafter designate in writing. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery,or, in the case of mailing,such notice shall be effective from the date the same is deposited in the mail with proper postage prepaid. The addresses for notice purposes are as follows: A. If to Engineer: Attn: ,FL 34 B. If to District: Key Marco Community Development District c/o Inframark,LLC Attn:Justin Faircloth,District Manager 5911 Country Lakes Drive Ft.Myers,Florida 33905 With a copy to: Coleman,Yovanovich&Koester,P.A. Attn: Gregory L.Urbancic,Esq. 4001 Tamiami Trail N.,Suite 300 Naples,Florida 34103 7 Agenda Page#195 Counsel for the District and counsel for the Engineer may deliver Notice on behalf of the District and the Engineer. 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. ARTICLE 23. PUBLIC RECORDS. Engineer understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Engineer agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701,Florida Statutes. Engineer acknowledges that the designated public records custodian for the District is Sandra Demarco ("Public Records Custodian"). Among other requirements and to the extent applicable by law,the Engineer shall 1)keep and maintain public records required by the District to perform the Services; 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 Agreement term and following the Agreement term if the Engineer does not transfer the records to the Public Records Custodian of the District; and 4)upon completion of the Agreement, transfer to the District, at no cost, all public records in Engineer'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 Engineer,the Engineer 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. Failure of Engineer to comply with Section 119.0701, Florida Statutes may subject Engineer to penalties under Section 119.10,Florida Statutes. Further,in the event Engineer fails to comply with this Section or Section 119.0701,Florida Statutes,District shall be entitled to any and all remedies at law or in equity. The following statement is required to be included in this Contract pursuant to Section 119.0701(2),Florida Statutes: IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (239) 245- 7118, SANDRA.DEMARCOINFRAMARK.COM, 210 N. UNIVERSITY DRIVE, SUITE 702, CORAL SPRINGS, FLORIDA 33071. ARTICLE 24. NO THIRD PAR'T'Y BENEFITS. Nothing in the Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred by operation of law. ARTICLE 25. 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. 8 Agenda Page#196 ARTICLE 26. ASSIGNMENT. Except as provided otherwise in this Agreement,neither the District nor the Engineer shall assign, sublet,or transfer any rights under or interest in this Agreement without the express written consent of the other. Any purported assignment without such written consent is void. Nothing in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as Engineer deems appropriate and consistent with this Agreement. ARTICLE 27. AMENDMENT. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing that is executed by both the District and the Engineer. ARTICLE 28. ARM'S LENGTH TRANSACTION. This Agreement reflects the negotiated agreement of the District and the Engineer,each represented by competent legal counsel. Accordingly, this Agreement shall be construed as if both parties jointly prepared it,and no presumption against one party or the other shall govern the interpretation or construction of any of the provisions of this Agreement. ARTICLE 29. INDIVIDUAL LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREUNDER, UNDER THIS AGREEMENT, AND PURSUANT TO THE REQUIREMENTS OF SECTION 558.0035, FLORIDA STATUTES, THE REQUIREMENTS OF WHICH ARE EXPRESSLY INCORPORATED HEREIN, AN INDIVIDUAL EMPLOYEE OR AGENT OF THE ENGINEER MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. ARTICLE 30. TERMINATION. The District may terminate this Agreement for cause immediately upon notice to Engineer. The District or the Engineer may terminate this Agreement without cause upon thirty(30)days written notice. At such time as the Engineer receives notification of the intent of the District to terminate the contract, the Engineer shall not perform any further services unless directed to do so in writing by the District. In the event of any termination or breach of any kind, the Engineer shall not be entitled to consequential damages of any kind(including but not limited to lost profits), but instead the Engineer's sole remedy will be to recover payment for services rendered to the date of the notice of termination,subject to any offsets. ARTICLE 31. 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. ARTICLE 32. ENFORCEMENT OF AGREEMENT. In the event that either the District or the Engineer is required to enforce this Agreement by court proceedings or otherwise,then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorney's fees and costs at all judicial levels. 9 Agenda Page#197 ARTICLE 33. ACCEPTANCE. Acceptance of this Agreement is indicated by the signatures of the authorized representatives of the District and the Engineer in the spaces provided below. ARTICLE 34. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any,may be detached from the counterparts and attached to a single copy of this document to physically form one document. (Remainder of Page Intentionally Left Blank. Signatures appear on the following page) 10 Agenda Page#198 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to he executed on the day and year first above written. KEY MARCO COMMUNITY Attest: DEVELOPMENT DISTRICT Assistant Secretary/Secretary Chair Date: f a Florida corporation By: Name: Title: Date: EXHIBIT A: Schedule of Rates 11 Agenda Page#199 Exhibit A Schedule of Rates 12 Agenda Page#201 From: Barry Fagan [mailto:bar ry.fagan@securitasinc.com] Sent:Wednesday,June 19, 2019 9:17 PM To:Faircloth,Justin<Justin.`aircloth@inframark.com> Subject: Increase wage for Tom Milunek Justin: I am sending you this email with regard to a proposed wage increase for Tom Milunek. As you well know Tom is a stabilizing force within the gate house at Key Marco. He has performed most of the training of the new flex officers as well as a number of past supervisors. He is the one person who handles the volume of bike traffic traveling in and out of the community on weekends. His rapport the residents is excellent and his customer service is second to none. Tom has always been limited in his wage earnings by social security restriction. Had he not had those limitations on wage and work hours he would have been a supervisor a long time ago. I am seeking your board's approve of a bill rate increase on 20 hours per week to increase Tom's hourly wage to$12.40 per hour. He presently earns$11.80 per hour. This increase wage to$12.20 per hour would result in a weekly increase of$8.00 The government will not permit Tom to earn any more without effecting his social security benefits. Attached, please find my proposed addendum for a bill rate increase for only the hours worked by Tom Milunek.Those hour are not to exceed 100 hrs per month.You approval of this addendum would be greatly appreciated by us and more importantly Tom. I look forward to your response Kind Regards: Barry Barry Fagan,Account Manager •Securitas, USA—South Region 14060 Metropolis Avenue,Suite 2 e Fort Myers FL 33912•Telephone(239)240-5212 SECUR(iTAS The Leader In Protective Services For more vrtormaron; cock here Agenda Page#202 ... SEC U R1 TAS ADDENDUM/AMENDMENT/RENEWAL to Security Services Agreement(the"Agreement")Between Key Marco Community Development ("Client") and Securitas Security Services USA,Inc.("Company") Effective Date: July 1,2019 As of the Effective Date of this Addendum/Amendment/Renewal, the Agreement is modified as follows; except as specifically modified by this Addendum/Amendment/Renewal,all terms of the Agreement remain in full force. Present Bill Rate$20.11 New Bill Rate for Tom Milunek only $20.82 New wage rate for Torn Milunek$12.20 per hour not to exceed 100 hrs per month. Client Securitas Security Services USA, Inc. By: By: Name: Name: Bob French Title: Title: Branch Manager SSA Addendum—(2/12) 0 2012 Securitas Security Services USA,Inc. 4.1114411a011'- Agenda Page#204 June 6,2019 Key Marco CDD 2323 San Marco Road Marco Island, FL 34145 Attn: Katie Maline RE:Aeration Maintenance Dear Katie Maline: We appreciate your business over the past year at Aquagenix, we strive to keep our costs under control and pass the savings to our customers. This year we have incurred increased costs for herbicide, gas expense and insurance.To continue providing you and all of our valued customers with the highest level of service we will be applying a 4%increase to your renewed contract.We are renewing your service with us for the next year at the contract price of$486.72 annually$121.68 quarterly effective September 1st, 2019. Your services will continue uninterrupted unless you are not totally satisfied. If there are any additional services you would like to discuss or have any problems with your waterways, feel free to contact Will Ford at(239)561-1420. Thank you for allowing us to provide your professional fountain management services. Sincerely, Will Ford Fort Myers Branch Manager Aquagenix, Division of DeAngelo Brothers, Inc. 14250 Jetport Loop West Fort Myers, FL 33913 Office: 239.561.120 Agenda Page#205 Aquagenix. • April 10,2019 Key Marco CDD 2323 San Marco Road Marco Island,FL 34145 Attn: Katie Maline Dear Katie Maline: We appreciate your business over the past year at Aquagenix,we strive to keep our costs under control and pass the savings to our customers. To continue providing you and all of our valued customers with the highest level of service we will not be increasing your renewed contract for the lake Maintenance. We are renewing your service with us for the next year at the contract price of$1,497.60 annually and monthly of$124.80 effective May 1,2019. Your services will continue uninterrupted unless you are not totally satisfied. If there are any additional services you would like to discuss or have any problems with your waterways,feel free to our office. Well-managed waterways are neat,clean,and pleasant to view and enhance real estate values. Thank you for allowing us to provide your professional waterway management services. Sincer Will Ford, Fort Myers Manager Aquagenix, Division of DeAngelo Brothers, Inc. 14250 Jetport Loop West Fort Myers,FL 33913 Office: 239.561.1420 Agenda Page#207 Lake &Wetland MANAGEMENT Key Marco CDD Custom lake maintenance proposal June 21, 2019 • City of Marco Island • Collier County • Florida Prepared for: Key Marco CDD CIO Inframark 5911 Country Lakes Drive Fort Myers, FL 33905 Key Marco CDD 1 r ::4-, -,...' L°0 ..-.., • r. * f F S i i .., M` 7"- S .r ._ 4 .. Google Eafth, -16-"4"141C.. ...... ; 1. . Prepared by: Alonso Wiener Lake and Wetland Management-West Coast, Inc. 13721 Jetport Commerce Parkway, Suite 5 Fort Myers, Florida 33913 (239) 313-6947 Office • (239) 313-6950 Fax alonso.wiener@lakeandwetland.com •www.lakeandwetland.com Agenda Page#208 Lake &Wetland MANAGEMENT June 21, 2019 Key Marco CDD C/O Inframark 5911 Country Lakes Drive Fort Myers, FL 33905 Dear Mr. Faircloth, We greatly appreciate the opportunity to bid on this project for you! Attached is the Agreement for the lake maintenance and fountain/aeration maintenance at Key Marco on Marco Island, FL. Lake and Wetland Management is a full-service environmental resource management team, offering a wide a variety of services, including; • Lake management including algae, border grass and aquatic weed control, • Mitigation wetland preserve management including invasive plant control, • Power House fountain and aeration system sales and service, • Shoresox earth-friendly erosion control system, • Native plant installation through our locally-owned nursery, • Environmental and wetland monitoring for agency compliance. Our team leads the industry and has an exemplary reputation with many government agencies, builders, developers, property managers and homeowner associations. Our State-certified, trained biologists have been providing environmental services for many of Florida's waterways and natural areas since 1992. Lake and Wetland Management is fully insured, carrying full coverage to protect our customers, including workman's compensation, liability and property damage. We pride ourselves on providing the highest level of service in the industry and look forward to the opportunity of exceeding your expectations! Respectfully yours, LAKE AND WETLAND MANAGEMENT-WEST COAST, INC. 7-141.,c6i L'Veizer Lake and Wetland Management-West Coast,Inc. (239) 313-6947 Office • (239)313-6950 Fax • westcoast@lakeandwetiand.com • www.lakeandwetland.com Agenda Page#209 Lake &Wetland MANAGEMENT LAKE MAINTENANCE PROPOSAL This Agreement is made between Lake and Wetland Management-West Coast, Inc., and: June 21, 2019 Key Marco CDD C/O Inframark 5911 Country Lakes Drive justin.faircloth@inframark.com Fort Myers, FL 33905 (239) 785-0675 Both Key Marco CDD and Lake and Wetland Management-West Coast, Inc. agree to the following terms and conditions: Description A. Lake management service including algae, border grass, and invasive exotic plant control for one (1) lake totaling approximately 521 linear feet. 1. LWM shall provide all supervision, labor, herbicide, equipment, materials and incidentals necessary for the maintenance treatment. 2. LWM will visit the site monthly with treatments as necessary to control undesirable growth. A minimum of twelve (12) visits will be performed annually. 3. All Florida Exotic Pest Plant Council (FLEPPC) listed invasive exotic species will be treated in place with EPA-certified treatments and Bio Blocks. No vegetation or algae will be removed from the waterway. 4. Native vegetation will be left for the benefit of fish and wildlife, unless otherwise requested. 5. Casual debris, defined as cups, plastic and other man-made materials, will be removed during scheduled service visits. Large or dumped items, coconuts, palm fronds and other landscape debris are not included. 6. Service to include littoral maintenance at no additional charge. 7. A comprehensive service report will be submitted detailing work performed upon completion of each service visit Lake and Wetland Management-West Coast, Inc. (239)313-6947 Office • (239)313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#210 Maintenance Agreement Page 2 B. Aeration Maintenance Service for one (1) aeration systems quarterly. Service includes the following: 1. Cooling fan will be inspected and lubricated. 2. Inspect airline supply tubing and fittings for air leaks. 3. Remove any excessive grass/weed growth from around compressor cabinet to maintain airflow. 4. A minimum of four (4) visits will be performed annually. Investment Schedule A. LWM agrees to perform the lake management service stated on a monthly basis for the total sum of$200.00 per month. B. LWM agrees to perform the aeration management service stated above on a quarterly basis at no cost. Conditions: 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services. 2. LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and/ or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. This proposal shall be valid for 30 days. 6. If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM. 7. LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER. Lake and Wetland Management-West Coast, Inc. (239)313-6947 Office • (239)313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#211 Maintenance Agreement Page 3 Customer acceptance - The above prices, specifications and conditions are hereby accepted. ,Al as& /4 eic r Alonso Wiener Authorized signature Date Lake and Wetland Management-West Coast, Inc. Key Marco CDD Lake and Wetland Management-West Coast,Inc. (239)313-6947 Office • (239)313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#212 Lake &Wetland ) MANAGEMENT SPECIAL SERVICE AGREEMENT This Agreement is made between Lake and Wetland Management-West Coast, Inc., and: June 7, 2019 Key Marco CDD C/O Inframark 5911 Country Lakes Drive justin.faircloth@inframark.com Fort Myers, FL 33905 (239) 785-0675 Both Key Marco CDD and Lake and Wetland Management-West Coast, Inc. agree to the following terms and conditions: Description of Services A) Littoral plantings along the lake behind the Clubhouse Lake 1 — 520' LF Quantity Plant Spec Unit Price Total 330 Pickerelweed Bare Root $0.75 $247.50 1'OC 330 Canna Bare Root $0.75 $247.50 1.5'OC 330 Arrowhead Bare Root 1.5'OC $0.75 $247.50 Planting total: $742.50 Key Marco CDD 1.11.E ;r 'F,'. • .. �: Y� '`� Y-. a L.,.•P..6^.,..epic * j / 4,-.1*.4. , AC IC, sitS GoogleFafth 0,^2 -.7.7.7'46: ;',.:..1.4:4' r. . \- Lake and Wetland Management, Inc.West Coast (239)313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Special Service Agreement AgePagae2ge#213 Labor, equipment, plant material, delivery, installation, and management report are all included in this Agreement. We can mobilize on this project within 3 weeks of your notice to proceed with the planting. No herbicide can be applied during the establishment period, please anticipate algae within the littoral shelf during this time period (up to three months). For General Guarantee please see Exhibit A below. Conditions: 1. Ownership of property is implied by CUSTOMER with acceptance of this Agreement. In the event that CUSTOMER does not expressly own the areas where the above stated services are to be provided, CUSTOMER represents that express permission of the owner is given and that authorization to commence the above mentioned services is allowed. In the event of dispute of ownership, CUSTOMER agrees to hold harmless LWM for the consequences of such services. 2. LWM shall not be responsible for acts beyond its reasonable control, including adverse soil and / or water conditions, adverse weather conditions, unavailable materials, Acts of God, war, acts of vandalism, theft or third party actions. CUSTOMER further states that neither party shall be responsible in damages or penalties for any failure or delay in performance of any of its obligations caused by above named incidences. 3. Invoices submitted for work completed shall be paid within 30 days of receipt. A finance charge of 1.500% per month or an annual percentage rate of 18.000% will be computed on all past due balances. 4. Any incidental activity not explicitly mentioned in this proposal is excluded from the scope of work. 5. The proposal is valid for 30 days. 6. If LWM is required to enroll in any third-party compliance programs, invoicing or payment plans that assess fees in order to perform work for CUSTOMER, those charges will be invoiced back to CUSTOMER as invoiced to LWM. 7. LWM will maintain insurance coverage, which includes but is not limited to; General Liability Property Damage, Automobile Liability, and Workman's Compensation at its own expense and will provide updated certificates to the customer each year before the commencement of work. 8. No alterations or modifications, oral or written, of the terms contained above shall be valid unless made in writing, and wholly accepted by authorized representatives of both LWM and the CUSTOMER. Customer acceptance - The above prices, specifications and conditions are hereby accepted. 5tConso Wiener Alonso Wiener Authorized signature Date Lake and Wetland Management-West Coast, Inc. Key Marco CDD Lake and Wetland Management, Inc.West Coast (239)313.6947 Office • (239)313-6950 Fax • westcoast©lakeandwetland.com • www.lakeandwetland.com Agenda Page#214 Exhibit A GUARANTEE AND RESPONSIBILITY FOR PLANT INSTALLATION The customer shall allow Lake and Wetland Management access to enter private or public areas to perform work. The customer will be responsible for all grading, mucking, sodding and water level adjustment to insure compliance with construction plans and littoral shelf elevations. Irrigation of planted areas is the responsibility of the customer. If irrigation does not cover the planted area, plant survival cannot be guaranteed. All plants provided and installed under the terms of this agreement are guaranteed to be of good quality and free of existing diseases or defects at the time of installation. Lake and Wetland Management guarantees (80%) survivorship at the end of 90 days and will replace any plant materials we have installed. If Lake and Wetland Management is maintaining planted areas, then the warranty will extend to the length of its maintenance agreement. Quarterly maintenance does NOT include warranty, however, if non- compliance is issued due to overgrown exotics or invasive vegetation by governing agency during non-scheduled months, then Lake and Wetland will service the account immediately to comply within the 30 day notice of non-compliance. Our guarantee does not include the loss of plant material due to "acts of god" such as floods, fire, hurricanes or other catastrophic events, nor does it include losses due to theft, lack of irrigation, vandalism, chemical treatment or negligence by others, or other factors outside the control of our organization. Survivorship guarantee is predicated on professional waterway care by Lake and Wetland Management staff only. Lake and Wetland Management, Inc.West Coast (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com Agenda Page#216 Swede, Janice From: Thomas Russo <russowatch@icloud.com> Sent: Tuesday,June 25,2019 4:22 PM To: Faircloth,Justin Cc: mrnmcfcdd@gmail.com Subject: Gatehouse Contract Dear Mr. Faircloth, I want to introduce myself. I am Thomas (Tommy) Russo, president of Russowatch, a fully insured boutique security firm based here locally in Naples, FL I would like to make a bid in taking over the operation of the Key Marco CDD Gatehouse. I myself have over 35 years of security experience having been employed by Homeland Security and trained in Langley VA. If you do decide to engage us then I have 2 guarantees for you. First, I guarantee you will be extremely satisfied with our services we provide. Any firm can state that but I know what I can provide you with and that is peace of mind. Our plan is having just two uniformed licensed security guards present working 3 1/i days, 40 hers each per week, They will both be equally proficient in handling all your requirements and communication is a key to my firm. What will be said to one should be considered communicated to all in Russowatch. I will also provide you with telephone numbers of whom you can call 24/7 if necessary and we will respond within 24hrs. I do not know a security firm that can promise that. Please understand that we just don't want to be a security body shop firm but to establish ourselves as part of the Key Marco CDD family. Additionally we are very familiar with both Checkpoint, Square and Linear/ Cypress Access. If you do select us there will be NO required training on your part and we will be ready on day one to handle the issuance of proxy cards and bar code passes for your resident gate access. Transition to Russowatch will be seamless. Same is true for software administration on Linear Access for setting up new resident access codes and phone dial up. Second, I guarantee that our rates will be lower than Sccuritas and please take note that for every $1 an hour in savings that amounts to a yearly $4000 savings to your community per year. I ask you to please check our website: Russowatch.com. I look forward in hearing back from you to further discuss this and allowing me to send you a proposal letter,references, and employee staff. I truly look forward to being part of the Key Marco family for many years to come. Sincerely, Tommy Russo 239-778-3321 russowatch.com 1 Agenda Page#218 .d A'), TRIMMERS , - HOLIDAY DECOR INC. Key Marco Attn: Katie katie managerkeyr arcohoa.org Guardhouse COD 52 000.00 ---� ,;'D D '--�I 'DID Install 14'garland with lights and bows to front sign Install lights on (2)gumbo limbo trees in front of guard house, trunks and branches Install lights on (2) triple tails at entry Ch. Communb center HOA $1,500.00 Install lights on (8)coconut palms in front of center(4 entry,4 exit) Install 5'wreath with lights and structural bow above front door Install wreath at entrance gate SERVICE INCLUDES: �liJ R INSTALLATION OF PREMIUM QUALITY LIGHTING AND DECOR U i &Ulf 2 X PER WEEK INSPECTION IN DECEMBER =_ BILL KILGUS,OWNER. ON CALL BY CELL 289-2590 r. 5''' TAKE DOWN AND STORAGE TOTAL $3,500.00 PER YEAR CONTRACT FOR 2017&2018 HOLIDAY SEASONS *Contract will automatically renew unless notification by either party by March 1y' following decorating season. Please have at! palms trimmed prior to October 1'1 Trimmers Holiday Decor, Inc. retains ownership of all merchandise- 50%DUE JUNE 1ST OF EACH YEAR 50%DUE DECEMBER 11' OF EACH YEAR 5%late foe for payments received later than15 days past due date ACCEPTED BY: 4_61.aLA.1-t--- DATE: r I I 7 PLEASE SIGN &EMAIL BACK TO' BILL@TRIMMERSHOLIDAYD COR.COM CUSTOM I1614TTtWC - Wr A'i"HS- CARtANP 1-ni:r S - I NSTAt,i._A110N 5,S"i" A. [ - MEE E' i'1MATTS 2051 17T1-1 STREET SOUTH WEST• NAPLES, FIORIOA 34117 PHONE (239)455-0286 FAX (239)455-0146 WWW.TRFM►MERSNOLIL'AYPECOR.COM Agenda Page#219 ADDENDUM TO AGREEMENT This ADDENDUM TO AGREEMENT("Addendum")dated as of the 2nd day of July 2019, by and between the Key Marco Community Development District ("DISTRICT") and Trimmers Holiday Decor, Inc. ("CONTRACTOR"). (DISTRICT and CONTRACTOR being collectively referred to herein as the"Parties"). WHEREAS, the Parties entered into a decoration agreement ("Agreement") on July 2, 2019;and WHEREAS, the DISTRICT is a "public agency" pursuant to Section 119.0701(1)(b), Florida Statutes, and Chapter 119, Florida Statutes, provides for certain contract requirements related to public records in each public agency contract for services; and WHEREAS, the parties desire to incorporate certain provisions relating to public records together with other supplemental contract provisions. NOW THEREFORE,the Parties hereby agree as follows: 1. CONTRACTOR agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law;by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONTRACTOR does not transfer the records to the DISTRICT; and upon completion of the Agreement by transferring, at no cost,to the DISTRICT all public records in possession of the CONTRACTOR or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONTRACTOR transfers all public records to the DISTRICT upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records, in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING Agenda Page#220 TO THIS WORK ASSIGNMENT, CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS,FL 33071,954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. 2. Contractor or any subcontractor performing the work described in this Contract shall maintain throughout the term of this Contract the following insurance: (a) Workers' Compensation coverage,in full compliance with Florida statutory requirements, for all employees of Contractor 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$1,000,000.00 per employee per accident, $500,000.00 disease aggregate,and$100,000.00 per employee per disease. (b) Commercial General Liability"occurrence"coverage in the minimum amount of $1,000,000 combined single limit bodily inj ury and property damage each occurrence and$2,000,000 aggregate,including personal injury,broad form property damage, products/completed operations, broad form blanket contractual and$100,000 fire legal liability. (c) Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage,providing coverage for any accident arising out of or resulting from the operation,maintenance,or use by Contractor of any owned,non-owned,or hired automobiles,trailers,or other equipment required to be licensed. Said insurance shall also to include insured/underinsured motorists coverage in the minimum amount of$100,000 when there are owned vehicles. District,its staff,consultants,agents and supervisors shall be named as an additional insured on all policies required(excluding worker's compensation). Contractor shall furnish District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to District unless it provides that any change or termination within the policy periods of the insurance coverage,as certified, shall not be effective within thirty(30)days of prior written notice to District. Insurance coverage shall be from a reputable insurance carrier acceptable to District,who licensed to conduct business in the State of Florida, and such carrier shall have a Best's Insurance Reports rating of at least A-VII. If Contractor fails to have secured and maintained the required insurance, District has the right(without any obligation to do so,however),to secure such required insurance in which event, Contractor shall pay the cost for that required insurance and shall furnish, upon demand,all information that may be required in connection with District's obtaining the required insurance. 2 Agenda Page#221 3. Neither District nor Contractor may assign this Contract without the prior written approval of the other. 4. This Contract shall be construed,governed and interpreted in accordance with the laws of the State of Florida. 5. In the event of litigation arising out of either party's obligations under this Contract, sole and exclusive venue shall lie in Collier County, Florida and the prevailing party shall be entitled to recover its attorney's fees and costs from the non-prevailing party, including but not limited to trial level fees,bankruptcy fees and appellate fees. 6. All other provisions to the Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the Parties have caused this Addendum to be executed by their respective duly authorized officers as of the date first above written. District: KEY MARCO CDD COMMUNITY DEVELOPMENT DISTRICT By: I 1),/:e."1"."&/ Contractor: TRIMMERS HOLIDAY DECOR, INC. By: 3 Agenda Page#224 RULES OF PROCEDURE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Agenda Page#225 TABLE OF CONTENTS 1.0 Organization 1.1 Board of Supervisors: Officers and Voting 1 1.2 Public Information and Inspection of Records 4 1.3 Public Meetings,Hearings,and Workshops 5 1.4 Conduct of Business 8 1.5 Board Policy Relating to Use of District Counsel for Legal Services and District Engineer for Engineering Services . 9 2.0 Effective Date 9 Agenda Page#226 RULES OF PROCEDURE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT 1.0 Organization (1) Key Marco Community Development District(the"District")was created pursuant to the provisions of Chapter 190, Florida Statutes and was established to provide for ownership, operation, maintenance, and provision of various public improvements, facilities and services within its jurisdiction. The purpose of these rules (individually, each a"Rule"and collectively, the"Rules") is to describe the general operations of the District. (2) Definitions located within any section of the Rules shall be applicable within all other sections, unless specifically stated to the contrary. (3) A Rule of the District shall be effective upon adoption by affirmative vote of the District's Board of Supervisors("Board"). After a Rule becomes effective,it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding,the District may immediately suspend the application of a rule if the District determines that the rule conflicts with Florida law. In the event that a Rule conflicts with Florida law and its application has not been suspended by the District,such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law,the Rule shall be automatically suspended. Specific Authority: s.s. 190.011(5),120.53(1)(a),Fla.Stat. Law Implemented: s.s.190.011(5),120.53(1)(a),Fla.Stat. 1.1 Board of Supervisors: Officers and Voting. (1) Board of Supervisors. The Board shall consist of five (5)members. Members of the Board ("Supervisors")must meet the qualifications set forth in Chapter 190, Florida Statutes. The Board shall exercise the powers granted to the District under Florida law. (a) Supervisors shall hold office for the term specified by Section 190.006, Florida Statutes. If, during the term of office, any Supervisor vacates his/her office, the remaining Supervisors shall fill the vacancies by appointment for the remainder of the term. If three or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Supervisors. 1 Agenda Page#227 (b) Three (3) Supervisors shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes. A Supervisor shall be counted toward the quorum if physically present at the meeting, regardless of whether such Supervisor is prohibited from, or abstains from,participating in discussion or voting on a particular item. (c) Action taken by the Board shall be upon a majority vote of the Supervisors present,unless otherwise provided in the Rules or required by law. Subject to Rule 1.3(9), a Supervisor participating in the Board meeting by teleconference,videoconference or other electronic means shall be entitled to vote and take all other action as though physically present. (d) Unless otherwise provided for by an act of the Board, any one Supervisor may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection(1)(c)of this Rule. (2) Officers. At the first Board meeting held after each election or appointment where the newly elected members take office, the Board shall select a Chair,Vice-Chair, Secretary,Assistant Secretary,and Treasurer. (a) Chair. The Chair must be a Supervisor. If the Chair resigns from the office or ceases to be a Supervisor,the Board shall select a Chair,after filling the vacancy. The Chair serves at the pleasure of the Board. The Chair or Vice- Chair shall be authorized to execute resolutions and contracts on behalf of the Board. The Chair shall convene and conduct all meetings of the Board. In the event the Chair is unable to attend a meeting, the Vice-Chair shall convene and conduct the meeting. The Chair or Vice-Chair may request the District Manager or other district staff to convene and conduct any meeting of the Board. (b) Vice-Chair. The Vice-Chair shall be a Supervisor and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chair has the authority to execute resolutions and contracts on the District's behalf in the absence of the Chair. If the Vice-Chair resigns from the office or ceases to be a Supervisor, the Board shall select a Vice- Chair,after filling the Board vacancy. The Vice-Chair serves at the pleasure of the Board. (c) Secretary. The Secretary of the Board serves at the pleasure of the Board and need not be a Supervisor. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. The District Manager may serve as Secretary. 2 Agenda Page#228 (d) Treasurer. The Treasurer need not be a Supervisor but must be a resident of the State of Florida. The Treasurer shall perform the duties described in Section 190.007(2) and (3), Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. (e) Absence of Chair and Vice-Chair. In the event that both the Chair and Vice- Chair are absent from a Board meeting and a quorum is present,the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Supervisors present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chair and Vice-Chair are both unavailable to execute a document previously approved by the Board,the Secretary or any Assistant Secretary may execute such document. (f) Assignment of Additional Duties. The Board may assign additional duties to District officers from time to time,which include,but are not limited to, executing documents on behalf of the District. (g) Check Signing. The Chair,Vice-Chair,and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board. (3) Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions, Committees may include individuals who are not Supervisors. Such functions may include,but are not limited to,contract negotiations,personnel matters,and budget preparation. (4) Record Book. The Board shall keep a permanent record book entitled"Record of Proceedings" in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates and corporate acts. The Records of Proceedings shall be located at the District Office and shall be available for inspection by the public. (5) Meetings. The Board shall establish each fiscal year,an annual schedule of regular meetings, which shall be submitted to the local governing authorities. Said schedule shall be posted and/or published to the extent required by Chapter 189, Florida Statues. All meetings of the Board shall be open to the public in accord with the provisions of Chapter 286, Florida Statutes. (6) Voting Conflict of Interest. The Board shall comply with Section 112.3143,Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by Chapters 112 and 190, Florida Statutes, as amended from time to time. 3 Agenda Page#229 (a) When a Supervisor knows he/she has a conflict of interest on a matter coming before the Board, the Supervisor should notify the Board's Secretary prior to participating in any discussion with the Board on the matter. The Supervisor shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes. The Board's Secretary shall prepare a memorandum of voting conflict(Form 8B)which shall then be signed by the supervisor,filed with the Board's Secretary,and attached to the minutes of the meeting within fifteen (15) days of the meeting. (b) If a Supervisor inadvertently votes on a matter and later learns he/she has a conflict on the matter, the Supervisor immediately notify the Board's Secretary. Within fifteen(15)days of the notification,the Supervisor shall file the appropriate memorandum of voting conflict,which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The memorandum shall immediately be provided to other Supervisors and shall read publicly at the next meeting held subsequent to the filing of the written memorandum. Specific Authority: s.s. 190.001,190.011(5),Fla.Stat. Law Implemented: s.s. 190.006,190.007,112.3143,Fla.Stat. 1.2 Public Information and Inspection of Records. (1) Public Records. All District public records within the meaning of Chapter 119, Florida Statutes, and not otherwise restricted by law, including the "Records of Proceedings", may be copied or inspected at the District Office during regular business hours. Unless otherwise designated by the Board, the official District office shall be the District Manager's office as identified by the District Manager. If the District Manager's office is not located within the county in which the District is located,the Board shall designate a local records office within such county which shall at a minimum contain those documents required by law. All written public records requests shall be directed to the Records Custodian who by these rules is appointed as the District's records custodian. Regardless of the form of the request, any Supervisor or staff member who receives a public records request shall immediately forward or communicate such request to the Records Custodian for coordination of a prompt response. The Records Custodian, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. (2) Copies. Copies of public records shall be made available to the requesting person at the current rate authorized under Section 119.07(4), Florida Statutes. The requesting person may be required to pay for any charges in advance. 4 Agenda Page#230 (3) Additional Policies. The Board may from time to time adopt by resolution additional policies to implement the requirements of Chapter 119,Florida Statutes. Specific Authority: s.s. 190.011(5),120.53,Fla.Stat. Law Implemented: s.s.190.006,119.07,120.53,Fla.Stat. 1.3 Public Meetings,Hearings,and Workshops. (1) Notice. Pursuant to Section 189.015(1), Florida Statutes, the Board shall file quarterly, semiannually, or annually a schedule of its regular meetings with the local governing authorities. The schedule shall include the date,time,and location of each scheduled meeting. The schedule shall be published quarterly, semiannually,or annually in a newspaper of general paid circulation in the manner required by Section 189.015(1), Florida Statutes. Special meetings may be scheduled from time-to-time by the Board. Or, special meetings may be called by the Chair(or the Vice-Chair in the absence of the Chair)or upon the request of any three (3) Supervisors made to the District Manager. Except in emergencies or as otherwise required by law, for the purpose of any meeting other than a regular meeting or any recessed and reconvened meeting of the Board, the District shall provide at least seven(7) days public notice shall be given of any public meeting, hearing, or workshop of the Board. Except as otherwise permitted by law, public notice shall be given by publication in a newspaper of general circulation in the District and shall include: (a) The date,time and place of the meeting or workshop; (b) A brief description of the nature, subjects and purposes of the meeting, hearing or workshop; (c) The District Office address for the submission of requests for copies of the agenda; (d) A statement in substantially the following form:"Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager. If you are hearing or speech impaired,please contact Florida Relay Service at 1-800- 955-8770,who can aid you in contacting the District Office." (a) A statement in substantially the following form:"A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is 5 Agenda Page#231 made including the testimony and evidence upon which the appeal is to be based." (b) A statement in substantially the following form: "The meeting[or hearing or workshop] may be continued in progress without additional notice to a time, date,and location stated on the record." (2) Agenda. The District Manager, under the guidance of District Counsel and the Chair(or the Vice-Chair if the Chair is unavailable), shall prepare a notice and an agenda of the meeting. Except as to items approved for inclusion in the agenda by the Board pursuant to subsection(b)below,the Chair(or the Vice-Chair if the Chair is unavailable)shall make the final determination of items to include on the agenda. The agenda and agenda back-up materials for each meeting shall be available to the public prior to the meeting in the manner and at such time as required by Florida law. Except as otherwise provided by law, for good cause, the agenda may be changed after it is first made available for distribution. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings. By a majority vote of the Board at the start of the meeting, items may be added or deleted from the agenda. (a) The District may, but is not required, to use the following format in preparing its agenda for its regular meetings: Call to order Roll call Audience Questions and Comments on Agenda Items Review of minutes Specific items of old business Specific items of new business Staff reports (a) District Counsel (b) District Engineer (c) District Manager Supervisor's requests and comments Audience Questions and Comments Adjournment (b) The agenda of each meeting shall include a section for Supervisors'requests to allow the Supervisors the opportunity to request that certain items be placed on a future agenda of the Board. The Board may accept or reject the request of a Supervisor for the placement of a particular subject matter on a future agenda. If accepted, the requested matter will be placed on the applicable future agenda by the District Manager. 6 Agenda Page#232 (3) Minutes. The Secretary shall be responsible for keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. (4) Receipt of Notice. Persons wishing to receive, by mail or other delivery service, notices or agendas of meetings,may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre-pay the cost of the copying and postage or delivery charges. (5) Emergency Meetings. The Chair, or Vice Chair if the Chair is unavailable, may convene an emergency meeting of the Board without first having complied with subsections (1) and (2) to act on emergency matters that may affect the public health, safety or welfare. Whenever possible, the Chair shall make reasonable efforts to notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. After an emergency meeting,the Board shall publish in a newspaper of general circulation in the District,the time,date,and place of the emergency meeting,the reasons why an emergency meeting was necessary, and a description of the action taken. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one major newspaper of general circulation in the District. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held. (6) Public Comment. The public shall be provided the opportunity to be heard on any proposition that will come before the Board at a meeting pursuant to Section 286.011, Florida Statutes. The Board shall set aside a reasonable amount of time for public comment on agenda items, and the time for public comment shall be identified in the agenda. Policies and rules governing public comments may be adopted from time to time by the Board by resolution in accordance with Florida law. (7) Budget Hearing. Notice of hearing on the annual budget(s)shall be in accord with Section 190.008, Florida Statutes. Once adopted in accord with Section 190.008, Florida Statutes,the annual budget(s)may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item. (8) Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing. 7 Agenda Page#233 (9) Participation by Teleconference/Videoconference. District staff may participate in Board meetings teleconference,videoconference or other electronic means. Except as otherwise provided in Florida law, Board members may also participate in Board meetings by teleconference, videoconference or other electronic means if in the good judgment of the Board extraordinary circumstances exist;provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference, videoconference or other electronic means,unless a majority of the Board members physically present determines that extraordinary circumstances do not exist. (10) Continuances. Any meeting of the Board or any item or matter included on the agenda for a meeting may be continued without re-notice or re-advertising provided that the continuance is to a specified date,time and location publicly announced at the meeting where the item or matter was included on the agenda. (11) Resident Committee Meetings. The Board may establish resident committees as needed. Such committee meetings shall be noticed to the public at least seven (7) days in advance. Specific Authority: s.s. 190.005,190.011(5),Fla.Stat. Law Implemented: s.s. 190.007,190.008,120.53,286.0105,286.0114,120.54,Fla.Stat. 1.4 Conduct of Business. The following rules for conducting meetings shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Call to Order.The meetings of the Board shall be called to order by the Chair or,in his/her absence by the Vice-Chair. In the absence of both the Chair and the Vice- Chair,the meeting shall be called to order by the District Manager for the selection of a temporary Chair. (2) Preservation of Order. The Chair shall preserve order and decorum;prevent attacks on personalities or the impugning of Supervisors' motives; and confine members in debate to the question under discussion. (3) Points of Order. The Chairman shall determine all points of order, subject to the right of any Supervisor to appeal to the Board for a decision on the point of order by majority vote. If any appeal is taken,the question shall be,"Shall the decision of the Chair be sustained?"A majority of the Board may overrule the Chair on the point of order. 8 Agenda Page#234 (4) Motion under Consideration. When a motion is presented and seconded,it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countermotions shall have preference in the order in which they are mentioned,and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the Supervisors present. (5) Chair Participation. The presiding Chair may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Supervisor by reason of being the presiding Chair. (6) Form of Address. Each Supervisor shall address only the Chair (or applicable presiding officer in the Chair's absence) for recognition. Each Supervisor shall confine himself/herself to the question under debate, and shall avoid personalities and indecorous language. (7) Interruption. A Supervisor, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a Supervisor is called to order, he/she shall stop speaking until the question is determined by the Chair (or applicable presiding officer in the Chair's absence). Specific Authority: s.s.190.006,190.011(5),Fla.Stat. Law Implemented: s.s. 190.0011(5),Fla.Stat. 1.5 Board Policy Relating to Use of District Counsel for Legal Services and District Engineer for Engineering Services. The Board may,by resolution,adopt a policy relating to the use of District Counsel or the District Engineer. Specific Authority: s.s. 190.006,190.011(5),Fla.Stat. Law Implemented: s.s. 190.0011(5),Fla.Stat. 2.0 Effective Date. 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Agenda Page#284 Key Marco Community Development District Fiscal Year 2019/2020 Meeting Schedule The Board of Supervisors of the Key Marco Community Development District will hold their meetings for Fiscal Year 2019/2020 on the third Wednesday of each month, at 8:30 a.m., at the Community Clubhouse located at 505 Whiskey Creek Drive,Marco Island,Florida,as follows: October 16,2019 November 20,2019 December 18,2019 January 15,2020 February 19,2020 March 18,2020 April 15,2020 May 20,2020 June 17,2020 July 15,2020 August 19,2020 September 16,2020 The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date, time,and place to be specified on the record at the meeting. There may be occasions when one or more Supervisors will participate by telephone. Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Manager's Office at least forty-eight (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 Manager's Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly,the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Justin Faircloth District Manager Agenda Page#286 TRAVELERS One Tower Square Hartford,CT 06183 Notice of Conditional Renewal Sent Via:First Class Mail,evidence of mailing 06/17/2019 KEY MARCO COMMUNITY DEVELOPMENT DISTRICT 505 WHISKEY CREEK DR MARCO ISLAND,FL 34145 RE: Policy Number: 106980997 Policy Type:Commercial Crime Underwriting Company:Travelers Casualty and Surety Company of America Expiration Date:09/12/2019 Please be advised that Travelers Casualty and Surety Company of America is offering to conditionally renew the above referenced policy upon its expiration date subject to the following changed terms and conditions: The following changes will be made: • Endorsement CRI-19085(05-16),Social Engineering Fraud Insuring Agreement Endorsement,will be added to the policy. This endorsement adds a Social Engineering Fraud Insuring Agreement to the Commercial Crime Policy. • The Endorsement removes the 3"element of the definition of Funds Transfer Fraud(definition AA.3.in the base policy),relating to an employee imposter scheme and adds the term Employee to the components of the Social Engineering Fraud Insuring Agreement. • Additionally,CRI-19085(05-16)will act to clarify the definition of Computer Fraud by removing the phrase"use of any computer"and replacing it with"intentional,unauthorized and fraudulent"entry or change of data into a Computer System. • Clarifying language is also added to the definitions of Funds Transfer Fraud, Computer Fraud and Social Engineering Fraud to expressly state that they are mutually exclusive. • Exclusion R has been modified to remove the phrase"whether or not fraudulent"and replaces it with"any exchange or purchase,whether genuine or fictitious."The exclusion also now contains exceptions for Insuring Agreements A., E.,Fl.and the Social Engineering Fraud Insuring Agreement. If you have any questions,please contact your agent or broker. Your insurance program provides critical financial protection for your company. Your agent or broker can provide expert and professional advice on Travelers extensive insurance products and services. You should regularly review and update your insurance program with your agent or broker to ensure it provides the protection you require. We appreciate your business. Thank you for choosing Travelers. CC: PRIA PO BOX 2416 DAYTONA BEACH,FL 32115-2416 1