64
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS MEETING MARCH 25, 2014
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT
BOARD OF SUPERVISORS
MEETING MARCH 25, 2014
ESTANCIA AT WIREGRASS DEVELOPMENT DISTRICT AGENDA
MARCH 25, 2014 at 11:00 a.m.
Offices of Rizzetta & Company, Inc. l 5844 Old Pasco Road, Suite 100
Wesley Chapel, FL 33544.
District Board of Supervisors Barry Karpay Chairman Peter Winter Vice Chairman Debra Hurdlik Assistant Secretary Ed Andrews Assistant Secretary Michael T. Collins Assistant Secretary District Manager Scott Brizendine Rizzetta & Company, Inc. District Attorney Jere Earlywine Hopping, Green & Sams District Engineer Tonja Stewart Stantec Consulting Services Inc
All Cellular phones and pagers must be turned off during the meeting.
The District Agenda is comprised of six different sections:
The meeting will begin promptly at 11:00 a.m. with the first section which is called Audience Comments on Agenda Items. The Audience Comment portion of the agenda is where individuals may comment on matters that concern the District. Each individual is limited to three (3) minutes for such comment. The Board of Supervisors or Staff is not obligated to provide a response until sufficient time for research or action is warranted. IF THE COMMENT CONCERNS A MAINTENANCE RELATED ITEM, THE ITEM WILL NEED TO BE ADDRESSED BY THE DISTRICT MANAGER OUTSIDE THE CONTEXT OF THIS MEETING. The second section is called the Business Administration section and contains items that require the review and approval of the District Board of Supervisors as a normal course of business. The third section is called Business Items. The business items section contains items for approval by the District Board of Supervisors that may require discussion, motion and votes on an item-by-item basis. Occasionally, certain items for decision within this section are required by Florida Statute to be held as a Public Hearing. During the Public Hearing portion of the agenda item, each member of the public will be permitted to provide one comment on the issue, prior to the Board of Supervisors’ discussion, motion and vote. Agendas can be reviewed by contacting the Manager’s office at (813) 994-1001 at least seven days in advance of the scheduled meeting. Requests to place items on the agenda must be submitted in writing with an explanation to the District Manager at least fourteen (14) days prior to the date of the meeting. The fourth section is called Staff Reports. This section allows the District Manager, Engineer, and Attorney to update the Board of Supervisors on any pending issues that are being researched for Board action. The fifth section which is called Audience Comments on Other Items provides members of the audience the opportunity to comment on matters of concern to them that were not addressed during the meeting. The same guidelines used during the first audience comment section will apply here as well. The final section is called Supervisor Requests. This is the section in which the Supervisors may request Staff to prepare certain items in an effort to meet residential needs. Public workshops sessions may be advertised and held in an effort to provide informational services. These sessions allow staff or consultants to discuss a policy or business matter in a more informal manner and allow for lengthy presentations prior to scheduling the item for approval. Typically no motions or votes are made during these sessions.
Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting is asked to advise the District Office at (813) 994-1001, at least 48 hours before the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955-8770, who can aid you in contacting the District Office. Any person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that this same person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is to be based.
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE • 5844 OLD PASCO ROAD • SUITE 100 • WESLEY CHAPEL, FL 33544
March 11, 2014 Board of Supervisors Estancia at Wiregrass Community Development District Dear Board Members: The regular meeting of the Board of Supervisors of the Estancia at Wiregrass Community Development District will be held on Tuesday, March 25, 2014, at 11:00 a.m. at the office of Rizzetta and Company, Inc., located at 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544. The following is the advance agenda for this meeting:
1. CALL TO ORDER 2. AUDIENCE COMMENTS ON AGENDA ITEMS 3. BUSINESS ADMINISTRATION
A. Consideration of Minutes of the Board of Supervisors’ Meeting held on February 25, 2014…………………………………………….Tab 1
B. Consideration of Operation and Maintenance Expenditures for February……………………………………………………………… Tab 2
C. Consideration of Series 2013B Construction Requisitions #13-17… ..Tab 3 4. BUSINESS ITEMS
A. Consideration of Assignment of US Army Corp of Engineers permit..Tab 4 B. Consideration of Proposals for Landscape Maintenance Services for
Chancey Road (previously distributed) C. Consideration of Proposals for Landscape Maintenance Services for
Phase I (under separate cover) D. Consideration of Proposal for Landscape Oversight Services……… Tab 5 E. Ratification of Contract for Phase I Landscape Installation………… Tab 6
5. STAFF REPORTS A. District Counsel B. District Engineer C. District Manager 6. SUPERVISOR REQUESTS 7. ADJOURNMENT
I look forward to seeing you at the meeting. In the meantime, if you have any questions,
please do not hesitate to call me at (813) 994-1001.
Very truly yours, Scott Brizendine Scott Brizendine
District Manager
cc. Jere Earlywine, Hopping Green & Sams, PA Tonja Stewart, Stantec Consulting Services
Tab 1
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT February 25, 2014 Minutes of Meeting
Page 1
1 MINUTES OF MEETING 2
3 Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that the person may 4 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. 5
6 ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT 7
8 The regular meeting of the Estancia at Wiregrass Community Development District was held 9
on Tuesday, February 25, 2014 at 11:05 a.m. at the office of Rizzetta & Company, Inc., located at 10 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544. 11
12 Present and Constituting a Quorum: 13 14 Barry Karpay Board Supervisor, Chairman 15 Debora Hudrlik Board Supervisor, Assistant Secretary 16 Ed Andrews Board Supervisor, Assistant Secretary 17 18 Also Present Were: 19
20 Scott Brizendine District Manager, Rizzetta & Company, Inc. 21 John Toborg Operations Manager, Rizzetta & Company, Inc. 22 Jere Earlywine District Counsel, Hopping Green & Sams, PA 23 (via speakerphone) 24 Tonja Stewart District Engineer, Stantec Consulting Services 25 (via speakerphone) 26 Kevin Hiller Representative, Luke Brothers 27 Chad Linville Representative, Terra Mgmt. 28 29
FIRST ORDER OF BUSINESS Call to Order 30 31 Mr. Brizendine called the meeting to order and called the roll. 32 33 SECOND ORDER OF BUSINESS Audience Comments on Agenda Items 34 35 There were no comments on the agenda items put forward at this time... 36 37 THIRD ORDER OF BUSINESS Consideration of the Minutes of the Audit 38
Committee Meeting Held on January 28, 2014 39 40 Ms. Hudrlik asked that the word ranked be added to line 47. 41 42
On a motion by Ms. Hudrlik, seconded by Mr. Andrews, with all in favor, the Board of Supervisors approved the minutes from the Audit Committee meeting on January 28, 2014 as amended for Estancia at Wiregrass Community Development District.
43
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT February 25, 2014 Minutes of Meeting
Page 2 FOURTH ORDER OF BUSINESS Consideration of the Minutes of the Board of 44
Supervisors’ Meeting Held on January 28, 2014 45 46
On a motion by Ms. Hudrlik, seconded by Mr. Karpay, with all in favor, the Board of Supervisors approved the minutes from the Board of Supervisors’ meeting on January 28, 2014 as submitted for Estancia at Wiregrass Community Development District.
47 FIFTH ORDER OF BUSINESS Consideration of Operation and Maintenance 48
Expenditures for January 49 50
On a motion by Mr. Karpay, seconded by Ms. Hudrlik, with all in favor, the Board of Supervisors approved the operation and maintenance expenditures for January totaling $5,349.20 as presented for Estancia at Wiregrass Community Development District.
51 SIXTH ORDER OF BUSINESS Consideration of Assignment of US Army Corp 52
of Engineers Permit 53 54 Ms. Stewart stated that the District is the co-permittee with Locust Branch and asked that some 55 form of acknowledgement be obtained from them indicating that they are fine with the assignment of 56 the permit. A recommendation was made that she check with Mr. Spence regarding that matter. Ms. 57 Stewart sought and received confirmation that Locust Branch would be responsible for their 58 infrastructure items. She asked if there was a contract for mitigation services. Mr. Andrews stated that 59 the earthwork is complete and the as-builts have been turned over to Cardno Entrix and they will be 60 doing the install. Ms. Stewart recommended that the District plant larger or more plants to try and get 61 the 10-year monitoring period reduced. Following a brief discussion, it was decided to table this item 62 until the March meeting. 63 64 SEVENTH ORDER OF BUSINESS Consideration of Proposals for Landscape 65
Maintenance Services 66 67 Mr. Brizendine stated that five firms were invited to bid on the Chancey Road project, but only 68 Luke Brothers, Vivicon, and Westcoast submitted proposals. He stated that he talked with Mr. Spence 69 regarding the short turn-a-round time and he was fine with holding off on a decision for another month 70 should the Board decide to do so. He indicated that Randy Suggs will be installing Phase I during that 71 period and it would not be an issue for them to maintain Chancey Road for a month. Ms. Hudrlik 72 indicated that she would like to hold off as she has a number of questions regarding discrepancies in 73 the proposals that she would like to have clarified before making a decision. Mr. Karpay agreed. A 74 brief discussion was held regarding the possibility of bidding out the phase I project and whether it 75 would be beneficial to have the same firm maintaining both areas. Mr. Earlywine agreed that, because 76 the two projects are distinct, they could each be handled through a separate bid process. It was decided 77 to contact the same five firms that were invited to bid on the Chancey Road project, with the 78 understanding that the two firms who chose not to bid on the first project could not change their minds 79 and submit a proposal now. 80 81 82
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT February 25, 2014 Minutes of Meeting
Page 3 Mr. Earlywine confirmed that, because the potential amounts are well below the statutory 83 thresholds for a formal bid process, and because the District has conducted the bid process informally, 84 Staff could contact the Chancey Road bidders seeking clarification on questions the Board has on their 85 bids, providing it is done openly. The Board was asked to contact Mr. Toborg with any questions they 86 might have, so that he can contact the vendor to address the concerns. 87 88 On a motion by Mr. Andrews, seconded by Ms. Hudrlik, with all in favor, the Board of Supervisors tabled 89 action on the proposals for Chancey Road landscape maintenance and authorized Staff to contact the same 90 five firms regarding submitting a proposal for Phase I for Estancia at Wiregrass Community Development 91 District. 92 93 Mr. Toborg stated that he would contact Mr. Spence to obtain the landscaping and irrigation 94 plans for phase I, so that the bid specs could be provided to the five firms ASAP with a goal of 95 reviewing the bids at the March meeting. He stated that he would be willing to go on the walk through 96 with Mr. Suggs and the landscape maintenance firm to evaluate the landscaping for the purposes of 97 taking over the warranty. 98 99 EIGHTH ORDER OF BUSINESS Staff Reports 100 101
A. District Counsel 102 Mr. Earlywine inquired about the timing for the Chancey Road acquisition. Mr. Andrews 103 stated that the paving and landscaping should be finished by the end of the week and he 104 expects it to take a couple of weeks to complete the striping. He state that the package 105 should be turned in to the County by March 15th. Mr. Andrews confirmed that all of the 106 billing should be completed this month as well. 107 108 It was stated that the BOCC just approved the Plat for Chancey Road and Phase IA. 109 110
B. District Engineer 111 No report. 112 113 C. District Manager 114
Mr. Brizendine presented proposals for the regulatory signage and poles for phases 1A, 115 1B, 1C, & 1D. The proposals for the signs and poles came in at $63,277 from Hubbell 116 and the proposal to install them came in at $33,145 from Stellar or a total of $96,422. A 117 brief discussion ensued regarding the number of proposals obtained. It was decided to take 118 a brief recess so that Mr. Spence could be contacted on the matter. 119 120 (A brief recess was taken at 11:50 a.m. and reconvened at 11:55 a.m. with all 121 those in attendance at the onset of the meeting still in attendance.) 122 123 Mr. Karpay provided a brief overview of his conversation with Mr. Spence emphasizing 124 that there is a time crunch in getting the signage and poles ordered in order to meet the 125 deadline for County approval and recommended that the proposals from Hubbell be 126 approved now. 127
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT February 25, 2014 Minutes of Meeting
Page 4
Mr. Karpay stated that there is time to obtain additional proposals for the installation. Mr. 128 Earlywine confirmed that this is a single source acquisition, and below the bid threshold, 129 and therefore does not need to be bid out. 130 131
On a motion by Mr. Karpay, seconded by Mr. Andrews, with all in favor, the Board of Supervisors 132 approved ordering the signage and poles for Phases 1A, 1B, 1C, & 1D in the amount of $63,277 and 133 authorized Staff to obtain additional proposals for the installation for Estancia at Wiregrass Community 134 Development District. 135
136 Mr. Brizendine stated that at the last meeting the Board mentioned considering landscape 137
maintenance oversight and inquired as to whether the Board was interested in having him go out to bid for 138 these services. A brief discussion ensued with Mr. Hiller, from Luke Brothers, indicating that they have 139 worked with various companies doing oversight. Mr. Brizendine asked for authorization to provide a 140 proposal for these services and Mr. Toborg reviewed the services that he would be providing. He noted 141 that Rizzetta does not withhold payment for failed inspections. Mr. Andrews stated that he is more 142 interested in someone who is looking out for the District and not merely looking for items to ding the 143 landscaper on. Mr. Brizendine spoke regarding his experiences with OLM and PSA. 144
145 NINTH ORDER OF BUSINESS Audience Comments and Supervisor Requests 146 147 Mr. Brizendine stated that there were no members of the general public in attendance and asked if 148 there were any Supervisor requests. There were none. 149 150 TENTH ORDER OF BUSINESS Adjournment 151 152
On a motion by Mr. Andrews, seconded by Mr. Karpay, with all in favor, the Board adjourned the Board of Supervisors’ meeting at 12:05 a.m. for Estancia at Wiregrass Community Development District.
153 154 155 156
157 ___________________________ _________________________________ 158 Secretary/Assistant Secretary Chairman/Vice-Chairman 159
Tab 2
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE · 5844 OLD PASCO ROAD · SUITE 100 · WESLEY CHAPEL, FLORIDA 33544
Operation and Maintenance Expenditures February 2014
For Board Approval
Attached please find the check register listing the Operation and Maintenance expenditures paid from February 1, 2014 through February 28, 2014. This does not include expenditures previously approved by the Board.
The total items being presented:
$5,676.34
Approval of Expenditures:
__________________________________
______ Chairman
______ Vice Chairman
______ Assistant Secretary
Estancia at Wiregrass Ranch Community Development DistrictPaid Operation & Maintenance Expenses
February 1, 2014 Through February 28, 201410101 - Cash-Operating Account
Vendor Name Check Number Invoice Number Invoice Description Invoice Amount
Hopping Green & Sams 120 74387 General Legal Counsel 12/13 180.68$
Mike Well, Pasco County Property Appraiser
121 022514 Initial Fee for Interlocal Agreement with Property Appraiser
750.00$
Rizzetta & Company, Inc. 119 16267 District Management Fees 02/14 4,380.66$
Withlacoochee River Electric Cooperative
122 022414 Deposit for Lift Station Electric Meter on Santa Luce Drive
365.00$
Report Total 5,676.34$
Tab 3
Tab 4
AGREEMENT FOR SERVICE THIS AGREEMENT for OLM, Inc. Services (“Agreement”) is made and entered into this 6th day of March 2014, by and between Estancia at Wiregrass Community Development District (“Owner”), and OLM, Inc., (“OLM”) hereinafter collectively referred to as the “Parties”. WHEREAS, Owner, on behalf of the Owner, desires to avail itself of the services of OLM for that certain property located in Wesley Chapel, Florida commonly known as “Estancia at Wiregrass CDD – Phase I.” 1. FEES. OLM will perform the Services as defined in Section 4 for the following fees:
A. Monthly Landscape Maintenance Inspection:
1. Perform Grounds Inspection 2. Complete Inspection Report 3. Complete Inspection Gradesheet Total Monthly Fees for A:
Estancia at Wiregrass CDD – Phase I $1000 Owner Initials ________
These fee amounts quoted in Section 1 above are valid for one (1) year from the commencement of the term as defined in Section 3 below. 2. SIGNATURES. The parties hereto signing this Agreement hereby represent that each is a duly authorized representative with the express authority to enter into this Agreement on behalf of their respective companies. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. OLM, INC. OWNER Signature: Thomas V. Medlock Signature:____________________________ Print Name: Thomas V. Medlock Print Name:___________________________ Title: President Title:________________________________ Date Signed:_March 6, 2014__________ Date Signed:__________________________ 3. TERM. The term of this Agreement shall commence on March 6, 2014, and remain in force until terminated. Either party may terminate this Agreement, without cause, upon thirty (30) days written notice to the other Party
4. SERVICES. OLM will perform the following professional services (“Services”).
A. Monthly Landscape Maintenance Inspection:
1. Perform Grounds Inspection OLM will schedule and coordinate the Monthly landscape maintenance inspections that are performed once a month. These inspections of the property will consist of a thorough visit of the exterior landscape areas by OLM, the Owner’s representative and the landscape maintenance Contractor. a. Develop Monthly Landscape Maintenance Inspection Program
OLM will develop the Monthly maintenance inspection program where OLM and Owner will visit the property once per month with the Contractor. OLM will evaluate the Landscape Maintenance Contractor’s performance and implement the Performance Payment program.
b. Develop Weekly Maintenance Worksheets
OLM will develop a Weekly Maintenance Worksheet that the Contractor must turn in after each visit to the property. This worksheet is designed to be a communications tool for the Contractor to the Owner.
2. Complete Inspection Report
After each Monthly landscape maintenance inspection, OLM will develop a detailed report to be provided to the Owner and Contractor. All items on the report are the responsibility of the Contractor to perform or correct prior to the next grounds inspection. OLM is not responsible for identifying and resolving safety issues of any type.
3. Complete Inspection Gradesheet
OLM will grade the Contractor’s Monthly Performance based on the timely and quality execution of the required maintenance activities. This sheet will inform the Contractor of his overall performance for that month and calculate what percentage of that month’s Performance Payment the Owner is to pay the Contractor.
B. Additional Services:
Additional Services may be performed by OLM upon mutual agreement between the Parties by written amendment to the Agreement.
5. FEES AND EXPENSES.
A. Monthly Landscape Inspection Fees and Expenses:
1. All printing, postage, shipping and long distance telephone costs necessary to perform the Services defined in Section 4 are included in the fees quoted in Section 1.
2. All travel costs including airfare, car rental, lodging, meals, etc. necessary to perform the Services defined in Section 4 are included in the fees quoted in Section 1.
6. PAYMENT. OLM will invoice for the Monthly Landscape Maintenance Inspections, including reimbursable expenses, upon completion of each inspection. Payment by Owner shall be due within thirty (30) days of receipt of invoice from OLM. OLM will invoice for any customer requests of services outside of the above stated services upon completion of such requests. Invoices outstanding for sixty (60) days or more may result in the discontinuation of Services by OLM. Services will be resumed by OLM upon the receipt of payment in full for such outstanding invoices.
If full payment is not received within ninety (90) days, an interest charge of one and one-half percent (1-1/2%) per month (18% per annum) will be added to the invoice. All accrued interest charges shall be added to Owner’s account and shall be due and payable in full in the same manner as set forth for invoices herein. Acceptance by OLM of less than full payment shall not be a waiver of any of its rights. Owner agrees to pay all costs of collection, including fifteen percent (15%) of the principal and interest due as attorney’s fees, if any past due amounts are collected by legal action or through an attorney-at-law. Should this Agreement be terminated by either Party, OLM will discontinue the Services and will deliver all completed and/or uncompleted work-products “as-is” to Owner and OLM will invoice an amount based on the percentage of work completed for the Maintenance Inspections, including all unpaid reimbursable expenses. 7. INSURANCE. During the life of this Agreement, OLM shall at all times carry on and maintain at OLM’s sole expense, automobile liability insurance (including employer’s non-Ownership liability) of not less than One Million Dollars (1,000,000) combined single limit for bodily injury and property damage and General Aggregate in the amount of Three Million Dollars (3,000,000). OLM shall maintain all of the foregoing insurance coverage in full force and effect until the Services under this Agreement are fully completed. 8. INDEMNIFICATION. Each Party hereby indemnifies and saves harmless (including court costs and reasonable attorney’s fees) the other Party and its officers, employees and agents from all suits, actions or claims of any nature resulting from the indemnifying party’s negligence or willful or reckless conduct. A Party shall be relieved of liability under this indemnification to the extent that such liability arises out of any claim or suit which is attributable to the act or failure to act of the other Party. Each Party indemnifies and saves harmless the other Party from all such costs and claims arising out of such Party’s failure to perform any obligation assigned to it hereunder. 9. RELATIONSHIP BETWEEN THE PARTIES. Nothing herein shall be interpreted or construed so as to create any permanent relationship between the Parties. In performing the services under this Agreement, OLM shall operate as an independent contractor and shall not act as or be an agent or employee of Owner. OLM shall in no way have authority to bind or obligate Owner in any respect. 10. SUBCONTRACTORS. OLM reserves the right to use a subcontractor(s) to perform any of the Services described in Section 4 above. 11. NOTICES. Notices shall be in writing, effective upon receipt, if mailed or faxed to: OLM: OLM, Inc. 975 Cobb Place Blvd. Suite 304 Kennesaw, GA 30144 Attn: Tom Medlock Phone: 770-420-0900 Fax: 770-420-0904 [email protected] OWNER: Estancia at Wiregrass CDD c/o Rizzetta & Company, Inc. 5844 Old Pasco Rd, Suite 100
Wesley Chapel, Fl. 33544 Attn: Scott Brizendine
Phone: 813-994-1001 Fax: 813-994-2100 [email protected]
12. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 13. MISCELLANEOUS. This Agreement, together with any Exhibits, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all previous agreements, both oral and written. The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of any other provision. No subsequent agreement concerning this Agreement shall be effective unless made in writing and executed by authorized representatives of the Parties.
PSA-‐ESTANCIA CDD 3/14 1
Landscape Consulting & Contract Management “Protecting Your Landscape Investment” 720 Brooker Creek Blvd, Suite 206 Oldsmar, FL 34677
AGREEMENT FOR SERVICES March 12, 2014 RE: ESTANCIA AT WIREGRASS CDD
Attn: Scott A. Brizendine Assoc. Director -‐ District Management Services Rizzetta & Company, Inc. 5844 Old Pasco Rd, Suite 100 Wesley Chapel, Fl. 33544 __________________________________________________________________________________________________________________ This Agreement is made and entered into, this _____ day of ____________ 2014, by and between the ESTANCIA AT WIREGRASS CDD (herein after sometimes referred to as the “Client”) and Performance Standard Assurance Inc. (hereinafter sometimes referred to as PSA).
Whereas, Client wishes to engage PSA as its exclusive agent for providing Horticultural Consulting.
1. FEES: PSA shall provide the services as described: A. MONTHLY CONTRACT ADMINISTRATION
1. Perform twelve (12) consecutive monthly quantitative landscape inspections. The inspection area extends from Bruce B. Downs down Chancey Road terminating at Salerno Drive. The inspection fee will be adjusted if and when new landscaped areas are added to the inspection. 2. Produce report based on inspection results. 3. Review report with Client and the Contractor. The term of the Monthly Contract Administration agreement is from _______________ through _______________.
Total Fee for Contract Administration -‐ $550.00 Per Inspection $6600.00/Year Accepted: Client Initials_______ 2. PAYMENT TERMS: The fee noted above are payable in the following manner:
PSA-‐ESTANCIA CDD 3/14 2
The fee noted in Section 1A is payable to PSA within thirty days of the completed monthly landscape inspection. Fee shall be five hundred and fifty ($550.00) dollars per inspection. This fee is in effect for twelve consecutive monthly inspections. After the completion of these twelve inspections PSA may increase its monthly fee up to five (5%) percent. The commencement date of the contract year is to coincide with the first landscape inspection in _____________ 2014
Late fee of 1.5% per month applies to all past due amounts over thirty days delinquent from the date of the completion of the landscape inspection. 3. AGREEMENT TERM: This agreement shall automatically renew after twelve landscape inspections, unless it is terminated earlier as per part 7 of this agreement. 4. SERVICES: PSA shall perform the following services:
A. MONTHLY CONTRACT ADMINISTRATION
1. PSA shall perform a monthly quantitative landscape inspection. PSA, the Client, and a representative from the landscape maintenance contractor shall perform a thorough inspection of all pertinent landscape areas, as well as a random testing of the irrigation system. The contractor must pass this quantitative inspection with a score of 85% or higher. (If applicable) Lower scoring shall result in the contractor having a percentage of their regular monthly payment deducted for unacceptable job performance. (If applicable)
2. PSA shall produce a report based on the findings from the landscape inspection. PSA shall document areas in need of service, or problem areas in writing and/or by digital photographs. The report shall be distributed to the Client and the landscape contractor. 3. PSA shall review the score of the monthly inspection with the client and the contractor. The results of this inspection shall determine if the contractor receives his full monthly payment or if a percentage of his payment is permanently withheld. (If applicable) 5. ADDITIONAL FEES: Any work performed by PSA outside the scope of this agreement shall be charged to the Client at an hourly rate of One Hundred and Eighty Five Dollars ($185.00), unless other arrangements have been made. No additional work shall commence without written authorization from the Client.
6. INDEMNIFICATION: The Client shall indemnify and hold PSA harmless of and from all expenses, court costs, attorney’s fees, penalties or damages of any kind whatsoever, incurred in connection with the services provided to the Client; in connection with any liability arising out of injuries sustained by any person in or about the property; in connection with any violation of any federal, state or municipal law, regulation or ordinance or any claim for taxes or other charges which may be made against PSA by reason of the services provided to the Client, except when due to gross negligence or malfeasance of PSA. 7. TERMINATION: Client and/or PSA may terminate this service agreement with sixty (60) days written notice at any time prior to the expiration of any term, with or without cause. The written notice must be transmitted by certified mail. The sixty-‐day notice shall commence on the certified mailing date.
PSA-‐ESTANCIA CDD 3/14 3
8. DISPUTE RESOLUTION: All dispute resolution shall be in accordance with the laws of the State of Florida. In the event of any dispute, Client shall have the right to litigate such claims in any state or federal court in Pasco County, Florida and Client consents to the exclusive and mandatory venue in such courts.
9. SIGNATURES: The parties entering into this Agreement hereby represent that each is an authorized representative, with the authority to enter this Agreement on behalf of their organization. Performance Standard Assurance Inc. ESTANCIA AT WIREGRASS CDD Signature____________________________ Signature_____________________________ Print Name__________________________ Print Name___________________________ Title________________________________ Title________________________________ Date Signed__________________________ Date Signed___________________________ The rest of this page is left intentionally blank.
CONTRACT FOR PROFESSIONAL LANDSCAPE MAINTENANCE INSPECTION SERVICES
DATE: March 1, 2014 BETWEEN: RIZZETTA & COMPANY INCORPORATED
3434 Colwell Avenue Suite 200 Tampa, Florida 33614
(Hereinafter referred to as "Consultant")
AND: ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT
3434 Colwell Avenue Suite 200 Tampa, Florida 33614
(Hereinafter referred to as "District")
PURPOSE AND SCOPE OF SERVICES:
The purpose of this engagement is for the Consultant to provide Landscape Maintenance Inspections services for the District. Service will be effective on _____________. The duties and responsibilities included as part of this contract include, but are not limited to the following:
MONTHLY LANDSCAPE INSPECTION SERVICES:
1) Perform Grounds Inspections monthly
2) Provide District with Inspection Reports 3) Attend Board Meetings as requested
4) Notify Maintenance Contractor about deficiencies in service or need for additional
care
5) Monitor Maintenance Contractors progress in remedial work 6) Provide Input to District’s Managing Agent for Annual Budgetary Consideration
7) Obtain bids and or proposal for various landscape projects
8) Provide for complete landscape bid packages to include, Site Plan, and complete
scope of service (Additional fee may be negotiated with the Board of Supervisors) 9) Additional services may be performed upon agreement of the Board and Consultant. 10) Additional site visits requested by the Board in excess of 3 a year, will be billed at an
hourly rate of $125.00. FEE SCHEDULE:
LANDSCAPE INSPECTION SERVICES will be billed monthly, payable at the beginning of each month pursuant to the following annual fee: Annual Monthly Landscape Inspection Service* $6,000 $500
* All direct out-of-pocket expenses incurred as part of performing the duties and responsibilities outlined in this contract are a responsibility of and will be borne by the Consultant. These expenses include, but are not limited to: transportation, reproduction, printing & binding, long distance telephone, facsimile transmission, postage & express mail, legal advertising, office rent and supplies, computer time and District dues & fees. These expenses will be invoiced monthly and will be due and payable when invoiced. The exception to this is that the Consultant has the right to charge a reasonable cost for formal bid packages they prepare and provide to potential bidders, the cost of which will be borne by the bidders themselves and not the District.
DISTRICT RESPONSIBILITIES:
The District shall provide for the timely services of its legal counsel, engineer and any other consultants, contractors or employees, as required, for the Consultant to perform the duties outlined in this Contract. Expenses incurred in providing this support shall be the sole responsibility of the District.
NON-CONTINGENCY:
The payment of fees and expenses, as outlined in this Contract, are not contingent upon any circumstance not specifically outlined in this Contract.
TERMINATION OF THIS CONTRACT:
This Contract may be terminated as follows:
1) By the District for "good cause", which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by the Consultant; or
2) By the Consultant or District, for any reason, upon 30 days written notice.
In the event this Contract is terminated in either manner above stated, the Consultant will be entitled to full compensation, pursuant to the terms of this contract, through the termination date and will make all reasonable effort to provide for an orderly transfer of the reports and records of the District to the District or its designee.
GENERAL TERMS AND CONDITIONS:
1) All invoices are due and payable upon presentation. For invoices not paid within 30 days of presentation, interest on the balance due will be charged at the maximum legally permissible rate.
2) In the event collection proceedings become necessary, District agrees to pay all costs
including attorney's fees.
3) Dissolution or court-declared invalidity of the District shall not relieve the District of monies due for services theretofore rendered.
4) This Contract shall be interpreted in accordance with and shall be governed by the
laws of the State of Florida. 5) In the event that any provision of this contract shall be determined to be
unenforceable or invalid by a Court of Law, such unenforceability or invalidity shall not affect the remaining provisions of the Contract which shall remain in full force and effect.
6) The rights and obligations of the District as defined by this Contract shall inure to the benefit of and shall be binding upon the successors and assigns of the District. There
shall be no assignment of this Contract by the Consultant.
7) Any amendment or change to this Contract shall be in writing and executed by all parties.
8) The District shall indemnify and hold the Consultant harmless from and against all
claims, liabilities, damages, operating costs, court costs, attorney’s fees, penalties of any kind, incurred in connection with, or resulting from (1) the management and/or operation of the District; (2) liability arising out of injuries sustained by persons or to property in or about the District; (3) use or occupancy of any property on or about the District by any person; (4) any violation of federal, state or municipal law, regulation or ordinance; and (5) any claim for taxes or other charges which may be made against the Consultant which are the primary responsibility of the District, except for claims
incurred as a direct result of the Consultant’s willful negligence, misconduct, or bad faith, or willful breach of express material provisions of this Agreement. Amounts payable to the Consultant hereunder shall be paid by the District in advance of the final disposition of the matter related thereto, upon request by the Consultant at any time or from time to time, and upon receipt of an unsecured undertaking executed by or on behalf of the Consultant in favor of the District to repay such advanced amount if it shall ultimately be determined that the Consultant is not entitled to be indemnified therefore by the District as provided hereunder. The indemnification provided for herein shall not be deemed exclusive of any other rights to which the Consultant may be entitled and shall continue after the Consultant has ceased to be engaged under this Agreement.
9) The District shall carry and maintain, at its sole expense, all liability and
compensation insurance necessary and adequate to protect the interest of the District and the Consultant which policies shall be written so as to protect the Consultant in the same manner and to the same extent as the District is protected
This Contract shall represent the entire agreement between the Consultant and the District. Both Consultant and District understand and agree with the terms and conditions as set forth herein. ACCEPTED BY:
RIZZETTA & COMPANY INCORPORATED
BY: PRINTED NAME: William J. Rizzetta TITLE: President DATE: _______________
ESTANCIA AT WIREGRASS COMMUNITY DEVELOPMENT DISTRICT BY: PRINTED NAME: TITLE: DATE:
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