HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT - Asturia...

ASTURIA

COMMUNITY DEVELOPMENT DISTRICT

BOARD OF SUPERVISORS MEETING

JUNE 2, 2016

ASTURIA DEVELOPMENT DISTRICT AGENDA JUNE 2, 2016 at 11:00 A.M.

at the Asturia Clubhouse,

located at 14575 Promenade Parkway Odessa, FL 33556

District Board of Supervisors Lane Gardner Chairman Walter O’ Shea Vice Chairman Lee Thompson Assistant Secretary Kim Shine Assistant Secretary Kevin Jund Assistant Secretary District Manager Clifton Fischer Rizzetta & Company, Inc. District Attorney Jonathan Johnson Hopping, Green & Sams District Engineer Paul Skidmore Florida Design Consultants

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.

ASTURIA COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE • 5844 OLD PASCO ROAD • SUITE 100 • WESLEY CHAPEL, FL 33544

www.asturiacdd.org

May 25, 2016 Board of Supervisors Asturia Community Development District

Dear Board Members: The meeting of the Board of Supervisors of the Asturia Community Development District will be held on Thursday, June 2, 2016 at 11:00 a.m. at the Asturia Clubhouse, located at 14575 Promenade Parkway, Odessa, FL 33556. The following is the tentative agenda for this meeting:

1. CALL TO ORDER/ROLL CALL 2. AUDIENCE COMMENTS ON AGENDA ITEMS 3. BUSINESS ADMINISTRATION

A. Consideration of the Minutes of Board of Supervisor’s Meeting Held on May 6, 2016………………………………………………………. Tab 1

B. Consideration of the Operation and Maintenance Expenditures for April………………………………………………………………….. Tab 2

C. Consideration of Series 2014A Construction Requisitions #183-192.. Tab 3 BUSINESS ITEMS A. Consideration of Engagement Letter for Grau & Associates for Fiscal

Year 2015/2016 Audit……………………………………………… Tab 4 B. Consideration of Pest Control Services……………………………….Tab 5 C. Consideration of Agreement with Rizzetta & Company, Inc. for Professional Field Services………………………………………… Tab 6 D. Consideration of Proposal for Pet Waste Station Installation and Weekly Maintenance……………………………………………….. Tab 7 E. Consideration of Proposal for AC Maintenance Plan………………. Tab 8 F. Consideration of Construction Related Matters (if any)

4. STAFF REPORTS A. District Counsel B. District Engineer C. District Manager 5. AUDIENCE COMMENTS AND SUPERVISOR REQUESTS 6. 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,

Clif Fischer Clifton Fischer

District Manager

cc. Jonathan Johnson, Sarah Warren, Katie Buchanan, Hopping Green & Sams Paul Skidmore, Florida Design Consultants

http://www.asturiacdd.org/

ASTURIA COMMUNITY DEVELOPMENT DISTRICT May 6, 2016 Minutes of Meeting

Page 1

MINUTES OF MEETING 1 2

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 3 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. 4

5 ASTURIA COMMUNITY DEVELOPMENT DISTRICT 6

7 The regular meeting of the Asturia Community Development District was held on Friday, May 8

6, 2016 at 1:30 p.m. at the offices of Rizzetta & Company, Inc., located at 5844 Old Pasco Road, Suite 9 100, Wesley Chapel, FL 33544. 10

11 Present and Constituting a Quorum: 12 13 Lane Gardner Board Supervisor, Chairman 14 Walter O’Shea Board Supervisor, Asst. Secretary 15

Kevin Jund Board Supervisor, Asst. Secretary 16 Lee Thompson Board Supervisor, Asst. Secretary 17 (joined the Board after being sworn in) 18 Also Present Were: 19 20

Clifton Fischer District Manager, Rizzetta & Company, Inc. 21 Pete Williams Vice President, Rizzetta & Company, Inc. 22 Sarah Warren District Counsel, Hopping Green & Sams, PA 23 (via speakerphone) 24

Scott Smith Representative, RASI 25 Jonathan Houchenes Clubhouse Manager 26 Sean Manson Project Administrator, Developer 27 28

FIRST ORDER OF BUSINESS Oath of Office/ Roll Call 29 30 Mr. Fischer called the meeting to order and performed roll call confirming a quorum for the 31 meeting. 32 33 SECOND ORDER OF BUSINESS Public Comments 34 35 There were no members of the general audience in attendance. 36 37 THIRD ORDER OF BUSINESS Consideration of Board Supervisor Resignation 38

(Dan Jones) 39 40

On a motion by Mr. Gardner, seconded by Mr. O’Shea, with all in favor, the Board of Supervisors accepted the resignation of Dan Jones as Board Supervisor (seat 3) for Asturia Community Development District.

41 42 43


Page 2

On a motion by Mr. Gardner, seconded by Mr. O’Shea, with all in favor, the Board of Supervisors appointed Lee Thompson as Board Supervisor (seat 3) for Asturia Community Development District.

44 Mr. Fischer, a notary in the state of Florida, administered the oath of office to Mr. Thompson. 45 Mr. Thompson swore and affirmed to the oath as read into the record. Mr. Fischer and Ms. Warren 46 reviewed the Form 1, Sunshine Law, and Code of Ethics guidelines for Mr. Thompson. It was stated 47 that Mr. Thompson was eligible to receive compensation in the amount of $200 per meeting or $4,800 48 per year should he desire to accept it. Mr. Thompson stated that he would like to receive the 49 compensation. 50 51 FOURTH ORDER OF BUSINESS Consideration of Minutes of the Board of 52

Supervisor’s Meeting Held on March 3, 2016 53 54

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved the minutes of the Board of Supervisor’s meeting held on March 3, 2016, as presented, for Asturia Community Development District.

55 FIFTH ORDER OF BUSINESS Consideration of Operation and Maintenance 56

Expenditures for February and March 2016 57 58 A brief discussion was held regarding check #34468 payable to Florida Design Consultants and 59 a request for Staff to ensure that this was not double billed. 60 61

On a motion by Mr. Gardner seconded by Mr. Jones, with all in favor, the Board of Supervisors approved the Operation and Maintenance Expenditures for February totaling $6,352.81(pending confirmation that services were not double billed) and March totaling $23,302.89 for Asturia Community Development District.

62 SIXTH ORDER OF BUSINESS Consideration of Series 2014A Construction 63

Requisitions #155-#182 64 65 It was noted that the Chairman and District Engineer had reviewed all of the requisitions. 66 67

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors ratified the Series 2014A Construction Requisitions #155-#182 for Asturia Community Development District.

68 SEVENTH ORDER OF BUSINESS Ratification of Amenity Management 69

Agreement 70 71

On a motion by Mr. Gardner, seconded by Mr. O’Shea, with all in favor, the Board of Supervisors ratified the Amenity Management Agreement ($36,472.52 for 2015/2016 and $66,185.10 for 2016/2017) for Asturia Community Development District.


Page 3 EIGHTH ORDER OF BUSINESS Ratification of Proposals for Janitorial Services 72 73

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved the proposals from Vanguard Cleaning for janitorial services at a cost of $315 per week with two cleanings a week for Asturia Community Development District.

74 NINTH ORDER OF BUSINESS Ratification of Agreement for Pool Maintenance 75 76

On a motion by Mr. Gardner, seconded by Mr. O’Shea, with all in favor, the Board of Supervisors ratified the Agreement with Connerty Pools, Inc., D/B/A Suncoast Pool Service in the amount of $870.00 per month for Asturia Community Development District.

77 TENTH ORDER OF BUSINESS Ratification of Final Fitness Equipment Lease 78

Agreement 79 80

On a motion by Mr. O’Shea, seconded by Mr. Gardner, with all in favor, the Board of Supervisors ratified the Final Fitness Equipment Lease totaling $82,793.29 for Asturia Community Development District.

81 ELEVENTH ORDER OF BUSINESS Ratification of Landscape Oversight 82

Agreement 83 84 This matter was tabled until the next meeting. 85 86 TWELFTH ORDER OF BUSINESS Consideration of Brightview Maintenance 87

Agreement 88 89

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved the Brightview Maintenance Agreement for landscape maintenance services at an annual cost of $163,494.00 for Asturia Community Development District.

90 THIRTEENTH ORDER OF BUSINESS Presentation of Fiscal year 2016/2017 Proposed 91

Budget 92 93 Following a lengthy discussion was held regarding various line items, the timing for services 94 coming on line, estimated costs for those services, the Board approved a proposed budget totaling 95 $882,424 for Fiscal Year 2016/2017 96 97

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved a total proposed operational budget in the amount of $882,424 for Fiscal Year 2016/2017 for Asturia Community Development District.

98 99


Page 4

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved Resolution 2016-03, approving the Fiscal Year 2016/2017 proposed budget totaling $1,604,248.16 ($882,424 – Operational and $721,824.16-debt service) and setting the public hearing on the final budget for July 7, 2016 at 11:00 a.m. at the Asturia Clubhouse, located at 14575 Promenade Parkway, Odessa, FL 33556 for Asturia Community Development District.

100 FOURTEENTH ORDER OF BUSINESS Consideration of Construction Related Matters 101 102 Mr. Manson presented five change orders for Board approval, noting the additional work and/ 103 or cost changes outlined on each. 104 105

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved RIPA Change Order #3 adding 15 days to the completion date or April 23, 2016 for Asturia Community Development District.

106 On a motion by Mr. Gardner, seconded by Mr. O’Shea, with all in favor, the Board of Supervisors approved ValleyCrest Change Order #1 for the park and April Maintenance at an increased cost of $222,142.12 for Asturia Community Development District.

107 On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved RIPA Change Order #4 for sleeving with an addition to the contract price in the amount of $57,212.50 for Asturia Community Development District.

108 On a motion by Mr. Gardner, seconded by Mr. O’Shea, with all in favor, the Board of Supervisors approved RIPA Change Order #10 adding 15 days to the completion date or April 16, 2016 for Asturia Community Development District.

109 On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors ratified Change Order #5 for the entry feature and signage ad an increase of $173,332.96 to the total contract for Asturia Community Development District.

110 FIFTEENTH ORDER OF BUSINESS Consideration of Revised Construction Funding 111

Agreement 112 113 There was no discussion on the Revised Construction Funding Agreement at this time. 114 115 SIXTEENTH ORDER OF BUSINESS Consideration of Matters Relating to 116

Landowners’ Election 117 118 Mr. Fischer announced that there were no registered voters residing within Asturia as of April 15, 119 2016. Ms. Warren reviewed the significance of this number and the timing for transitioning to general 120 elections. She presented Resolution 2016-04, explaining that it formally sets the date for the November 121


Page 5 Landowners’ meeting on first Tuesday of the month or November 1, 2016 at 2:00 p.m. at the Asturia 122 Clubhouse and provides samples of the election documents as mandated under Florida Statutes. 123 124

On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved Resolution 2016-04, designating November 1, 2016 as the date for the second Landowners’ Election at 2:00 p.m. at the Asturia Clubhouse, located at 14575 Promenade Parkway, Odessa, FL 33556 for Asturia Community Development District.

125 SEVENTEENTH ORDER OF BUSINESS Staff Reports 126 127

A. District Counsel 128 No report. 129

130 B. District Engineer 131

No Report. 132 133

C. Amenity Management 134 Mr. Smith sought authorization to work with Mr. Jund on the purchase of equipment for 135 the Amenity Center and asked that a debit card account with a limit of $1,000 be set up for 136 the Clubhouse Manger to assist with daily operations. 137

138 On a motion by Mr. Gardner, seconded by Mr. Thompson, with all in favor, the Board of Supervisors authorized Amenity Staff to work with Mr. Jund on the purchase of needed equipment for the Amenity Center at a not-to-exceed amount of $3,500 for Asturia Community Development District.

139 On a motion by Mr. Gardner, seconded by Mr. Jund, with all in favor, the Board of Supervisors approved the establishment of a debit card account with a limit of $1,000 for use by the clubhouse manager as part of managing daily operations for Asturia Community Development District.

140 D. District Manager 141

Mr. Fischer reminded the Board that the next regular meeting is scheduled for June 2, 2016 142 at 11:00 a.m. A request was made to move all future meetings to the Asturia Clubhouse. 143

144 On a motion by Mr. Gardner, seconded by Mr. Thompson, with all in favor, the Board of Supervisors authorized Management to submit the required notice to move the remainder of the meetings for Fiscal Year 2015/2016 to the Asturia Clubhouse located at 14575 Promenade Parkway, Odessa, FL 33556 for Asturia Community Development District.

145 EIGHTEENTH ORDER OF BUSINESS Supervisor Requests 146 147 There were no supervisor requests put forward at this time. 148 149 150 151


Page 6 NINTEENTH ORDER OF BUSINESS Adjournment 152 153

On a motion by Mr. Gardner, seconded by Mr. Thompson, with all in favor, the Board adjourned the Board of Supervisors’ meeting at 3:07 p.m. for Asturia Community Development District.

154 155 ___________________________ _________________________________ 156 Secretary/Assistant Secretary Chairman/Vice-Chairman 157

The total items being presented: $31,821.62

Approval of Expenditures:

__________________________________

______Chairperson

______Vice Chairperson

______Assistant Secretary

Asturia Community Development District

Attached please find the check register listing the Operation and Maintenanceexpenditures paid from April 1, 2016 through April 30, 2016. This does not includeexpenditures previously approved by the Board.

Operations and Maintenance Expenditures

DISTRICT OFFICE · 5844 OLD PASCO ROAD · SUITE 100 · WESLEY CHAPEL, FLORIDA 33544

April 2016 For Board Approval

Asturia Community Development District Paid Operation & Maintenance Expenditures

April 1, 2016 Through April 30, 2016

Vendor Name Check Number Invoice Number Invoice Description Invoice Amount

Auto Owners Insurance 001124 014080088 04/16 Additional Pool Coverage 04/16 448.00$

Blue Water Aquatics, Inc. 001117 20673 Aquatic Services 03/16 335.00$

Bright House Networks 001126 065826701041616 14575 Promenade Parkway 04/16 148.43$

Duke Energy 001125 13808 69448 03/16 14721 State Rd 54 Lite 03/16 4,237.36$

Duke Energy 001121 16518 50548 03/16 14575 Promenade Parkway Irrig 03/16

73.84$

Duke Energy 001121 48482 24139 03/16 14575 Promenade Parkway Pool 03/16 357.15$

Duke Energy 001121 56192 03365 03/16 14575 Promenade Parkway Amenity Ctr 03/16

152.28$

Hopping Green & Sams 001122 87068 General Counsel 02/16 2,991.31$

Rizzetta & Company, Inc. 001118 2952 District Management Services 04/16 3,550.00$

Rizzetta Amenity Services, Inc.

001119 2010 Bid Assistance/Installation & Oversight Services 03/16

1,500.00$

Rizzetta Amenity Services, Inc.

001128 2042 Deposit/Amenity Management Services Payroll

7,145.36$

Rizzetta Technology Services, LLC

001120 INV0000001182 Website & Email Hosting 04/16 175.00$

SR 54 Land Associates 001129 ACDD3116 Reimbursement For Monthly Street Light Invoice to Duke 0316

3,469.89$

Stahl & Associates Insurance, Inc.

001123 041316 Add Structures To Property Insurance/Boiler & Machinery FY15-

7,238.00$

Report Total 31,821.62$

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ASTURIA COMMUNITY DEVELOPMENT DISTRICT SERIES 2014 A CAPITAL IMPROVEMENT BONDS RECAP FOR BOARD APPROVAL ON JUNE 2, 2016

Number Name Dollar Amount

183 CRS Building Corporation $177,255.87

184 Florida Design Consultants, Inc. $4,666.70

185 Florida Design Consultants, Inc. $840.00

186 RIPA & Associates, LLC $422,392.21

187 RIPA & Associates, LLC $53,168.25

188 Ross Security Systems Inc. $919.10

189 Transportation Structures, Inc. $1,425.00

190 ValleyCrest Landscape Development $38,254.67

191 ValleyCrest Landscape Development $5,943.16

192 WRA $2,275.00

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CONTRACT FOR PROFESSIONAL FIELD SERVICES DATE: June 1, 2016 BETWEEN: RIZZETTA & COMPANY INCORPORATED

3434 Colwell Avenue Suite 200 Tampa, Florida 33614

(Hereinafter referred to as "Consultant")

AND: ASTURIA COMMUNITY DEVELOPMENT DISTRICT 5844 Old Pasco Road Suite 100 Wesley Chapel, Florida 33544

(Hereinafter referred to as "District") PURPOSE AND SCOPE OF SERVICES: The purpose of this engagement is for the Consultant to provide professional field services to the District pursuant to Chapter 190, Florida Statues. A detailed description of these services is shown below.

STANDARD ON-GOING SERVICES:

1. Perform monthly landscape maintenance inspections. 2. Provide the District with monthly landscape maintenance inspection reports. 3. Upon request, attend monthly District meetings in person or via phone to review

landscape maintenance inspection reports. 4. Notify landscape maintenance contractors about deficiencies in service or need for additional care. 5. Monitor landscape maintenance contractor progress in accordance with scope of work provided in maintenance contract with the District. 6. Provide input for preparation of the District’s annual budget. 7. Provide a scope of services for landscape maintenance proposals and oversee bidding process.

CONTRACT FOR PROFESSIONAL FIELD SERVICES 2 ASTURIA COMMUNITY DEVELOPMENT DISTRICT

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8. Obtain landscape maintenance proposals as requested by the District and provide to the District Manager. TIME FRAME: Standard On-Going Services shall be provided on a monthly basis as detailed in this contract from June 1, 2016 to September 30, 2016. ADDITIONAL SERVICES: In addition to the Standard On-Going Services described above, the District may, from time to time, require additional services from the Consultant. Any services not specifically provided for in the scope of services above, as well as any changes in the scope requested by the District, will be considered additional services. Such additional services may include but are not limited to additional inspections, attendance at additional meetings, District presentations and vendor responses. Prior to beginning any additional services the Consultant will provide a detailed description of these services and fees for such services to the District for approval.

LITIGATION SUPPORT SERVICES: Prepare documentation in response to litigation requests and provide necessary expert testimony in connection with litigation involving District issues. Prior to beginning any litigation support services the Consultant will provide a detailed description of these services and fees for such services to the District for approval.

FEES AND EXPENSES: A schedule of fees for the above described services is shown in Exhibit A to this contract. The fees for those services which are not being requested at the time this contract is approved will be provided to the District at such time as those services are required. Fees for the Standard On-Going Services may be amended annually and will be reflected in the adopted General Fund Budget of the District. Such amended fees, as authorized by the District’s action to adopt the General Fund Budget, shall become a binding schedule of this contract until otherwise changed by a subsequent action of the District. In the event the District authorizes a change in the scope of services requested, Consultant shall submit, in writing to the District, a request for a fee amendment corresponding to the change in services being requested. Such request by the Consultant must be approved by the District before Consultant is authorized to begin providing services pursuant to the change in scope and the revised fees are adopted. Out-of-pocket expenses incurred in connection with the performance of the Standard On-Going Services, as described in this contract, are included in the fees shown in Exhibit A to this contract.


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Out-of-pocket expenses incurred in connection with the performance of Additional Services and Litigation Support Services will be subject to reimbursement at cost. These expenses include, but are not limited to, airfare, mileage, transportation/parking, and lodging, postage, copies, and binding. Fees for services to be billed on an hourly basis will be at the Consultants then current hourly rates, which will be provided to the District at the time such services are authorized. The hourly rate for these services may be amended from time to time as evidenced by a letter to the District, in advance of such proposed change, indicating the new hourly fee for such services. Consultant’s current hourly rates are shown in Exhibit A to this contract. PAYMENT TERMS: Standard On-Going Services: Will be billed monthly as a fixed fee pursuant to the schedule shown in Exhibit A to this

contract. Additional Services:

Will be billed monthly on an hourly basis for the hours incurred at the Consultant’s current hourly rate as shown in Exhibit A to this contract.

Litigation Support Services: Will be billed monthly on an hourly basis for the hours incurred at the Consultant’s current hourly rate as shown in Exhibit A to this contract. Out-of-Pocket expenses: Will be billed monthly as incurred.

All invoices will be due and payable thirty (30) days from the date of invoice pursuant to the Prompt Payment Act, Chapter 218.70 Florida Statutes.

SUSPENSION OF SERVICES FOR NON-PAYMENT: The Consultant shall have the right to suspend services being provided as outlined in this contract if the District fails to pay Consultant invoices in a timely manner which shall be construed as thirty (30) days from date of the invoice pursuant to the Prompt Payment Act, Chapter 218.70 Florida Statues. Consultant shall notify the District, in writing, ten (10) days prior to suspending services. LIMITATIONS OF RESPONSIBILITIES: To the extent not referenced herein, Consultant shall not be responsible for the acts or omissions of any contractor or any of their subcontractors, suppliers or of any other individual or entity performing services as part of this contract. Consultant shall not be liable for any damage that


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occurs from Acts of God which are defined as those caused by windstorm, hail, fire, flood, hurricane, freezing or other similar occurrences. DISAGREEMENTS BETWEEN DISTRICT AND LANDSCAPE CONTRACTOR: Consultant shall, as necessary, render written opinion on all claims of District and landscape contractor relating to the acceptability of landscape contractor’s work or the interpretation of the requirements of the contract documents pertaining to the progress of landscape contractor’s work. 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. Termination for “good cause” shall be effected by provision of a minimum of ten (10) days written notice to Consultant at the address noted herein;

2) By the Consultant for “good cause”, which shall include, but is not limited to, failure of the District to timely pay Consultant for services rendered in accordance with the terms set forth in this Contract, malfeasance, nonfeasance or dereliction of duties by the District, or upon request or demand by the Board, or any member thereof, for Consultant to undertake any action or implement a policy of the Board which Consultant deems unethical, unlawful or in contradiction of any applicable federal, state or municipal law or rule. Termination for “good cause” shall be effected by provision of a minimum of ten (10) days written notice to District at the address noted herein; or

3) By the Consultant or District, for any reason, upon provision of a minimum of sixty (60)

days written notice of termination to the address noted herein; 4) Consultant shall have the right to immediately resign and stop providing all services if

the District engages in illegal activities or actions.


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Consultant will be entitled to full compensation, pursuant to the terms of this contract, through the termination date. Consultant will make all reasonable effort to provide for an orderly transfer of the books and records of the District to the District or its designee.

GENERAL TERMS AND CONDITIONS:

1) All invoices are due and payable within thirty (30) days of invoice date and pursuant to the Florida Prompt Payment Act, Chapter 218.70. F. S. Invoices not paid within thirty (30) days of presentation shall be charged interest on the balance due at the maximum legally permissible rate.

2) In the event either party is required to take any action to enforce this agreement,

the prevailing party shall be entitled to attorney’s fees and costs.

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 to the contract.

8) The District shall, to the extent allowable under applicable law and except and to

the extent caused by negligence or willful misconduct of the Consultant, agree to indemnify, defend, and hold the Consultant harmless from and against any and all claims, actions, suits, demands, assessments or judgments asserted and any and all losses, liabilities, damages, costs, court costs, and expenses, including attorney’s fees, alleged or that Consultant may hereafter incur, become responsible for, or be caused to pay out arising out of or relating to (1) any acts or omissions of Consultant or any of its employees or agents in the management and/or operation of the District taken in accordance with or while implementing policies, plans or other directives of the Board; (2) 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 unless such violation is that of the Consultant; and (5) any claim for taxes or other charges which may be made against the Consultant which are the primary responsibility of the District. The Consultant shall indemnify the District for any and all losses, liabilities, damages, costs, court costs and expenses, including attorney’s fees, alleged or that the District may hereafter incur, become


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responsible for, or be caused to pay out arising out of or caused by any negligent acts or willful misconduct of Consultant or any of its employees or agents. The indemnification provided for herein shall not be deemed exclusive of any other rights to which the Consultant or the District may be entitled and shall continue after the Consultant has ceased to be engaged under this Agreement. Nothing herein shall be construed to limit District’s sovereign immunity provided in s. 768.28 F.S.

9) The District shall provide and maintain public official liability and general liability

insurance in an amount not less than one million dollars ($1,000,000.00).

10) The Consultant shall provide and maintain the following levels of insurance coverage at all times subsequent to the execution of this Agreement:

a) Worker’s Compensation insurance to cover full liability under worker’s

compensation laws in effect from time to time in Florida. b) General Liability insurance with the limit of one million dollars

($1,000,000.00) Each Occurrence. c) Professional Liability insurance with limits of no less than one million dollars

($1,000,000.00) d) Employment Practices Liability insurance with two million dollar

($2,000,000.00) limit. e) Comprehensive Automobile Liability insurance for all vehicles used by the

Consultant’s staff, whether owned or hired, with a combined single limit of one million dollars ($1,000,000.00).

Remainder of this page is left blank intentionally


Rev. 5/17/16 - WJR

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:

TITLE:

DATE:

ASTURIA COMMUNITY DEVELOPMENT DISTRICT

BY:

PRINTED NAME:

TITLE:

DATE:


Rev. 5/17/16 - WJR

EXHIBIT A

STANDARD ON-GOING SERVICES: Standard On-Going Services will be billed monthly pursuant to the following schedule: MONTHLY June 1, 2016 to September 30, 2016 $500.00 ADDITIONAL AND LITIGATION SUPPORT SERVICES: Additional and Litigation Support Services will be billed hourly pursuant to the current hourly rates shown below: JOB TITLE: HOURLY RATE:

Principal $300.00 Vice President $250.00 Chief Financial Officer $250.00 Director $225.00 Regional District Manager $200.00 Financial Services Manager $200.00 Accounting Manager $200.00 Senior Licensed Community Association Manager $200.00 District Manager $175.00 Licensed Community Association Manager $175.00 Amenity Services Manager $175.00 Clubhouse Manager $175.00 Financial Analyst $150.00 Senior Field Services Manager $150.00 Senior Accountant $150.00 Field Services Manager $125.00 Community Association Coordinator $100.00 District Coordinator $100.00 Financial Associate $100.00 Staff Accountant $100.00 Bookkeeper/Clerk $ 85.00 Administrative Assistant $ 75.00

POOP 911 Tampa 11721 Manistique Way New Port Richey FL, 34654

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Asturia CDD

Proposal# 052016

Date: 05/05/2016 Description of services and area to be cleaned:

Description Price Install 5 pet waste stations as directed by property management. Waste stations include: waste can, bag dispenser, and post all powder coated. 3200 pickup bags included with installation.

Install total

5 @ $265.00 each $1325.00

Weekly cleaning for 5 pet waste stations: remove pet waste, fill pick up bags, replace can liner

Weekly/Monthly service 10% discount for annual prepay

5 @ $6.95

$34.75weekly $150.58 monthly $1807.00 annually

3200 pickup bags for onsite needs $99.99

This bid expires in 30 days

7308 56th Street N. Pinellas Park, FL 33781 (727) 548-0657 State License Number: CAC1817493

May 18, 2016

Subject: Asturia Amenity Clubhouse and Fitness Berlinda Serrano

Maintenance PROPOSAL Scope of work:

Maintenance for the HVAC system per Owner in accordance with Manufacture’s Suggested Maintenance Manual – This Proposal is based upon the information provided from the Manufacture (only).

Total Bid: $ 260.00 per visit - Includes One Year Maintenance Agreement for 4 (Quarterly) visits.

We are pleased to submit our proposal for Labor, Materials, Tools, and Supervision. Equipment and Materials may have a six to eight (6 to 8) week lead time. Process payments are due within 30 days from each request, as per the payment procedures described within the AIA documents. The aforementioned listed work includes - standard commercial industry insurances, as well as the necessary state licensing.

Included:

Check condenser coils, blower components, pressure and Freon (added as needed - up to 1lb) TSTAT calibration, safety controls, electrical connections, voltage and amperage on motors, check and clear condensation drain, clean and change air filters, lubricate all moving parts where possible, check and adjust air flows, check starting capabilities.

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Not responsible for Engineering design, or correcting Engineering design. We may bring to attention errors and omissions, if discovered. Additionally, any roof curbs required that are taller than shown on the plans are at additional cost.

********************************************************************************************** If the above meets with your approval, please sign and return authorization to ([email protected]). Our Quotation will remain in effect for thirty (30) days. Thank you for considering Joe Cool Air Conditioning and Heating of the Suncoast to participate in this project. This proposal shall be incorporated into the Contract Agreement.

Respectfully,

Joseph M. Branton Sr General Manager ________________________________________ Commercial Projects Accepted by Date

mailto:[email protected]

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