Wynnmere East Community Development District
12051 Corporate Boulevard, Orlando, FL 32817; 407-723-5900 www.wynnmereeastcdd.com

The following is the Proposed agenda for the Continued Board of Supervisors’ Meeting for the Wynnmere East Community Development District, scheduled to be held on Thursday, September 24, 2020 at 2:00 p.m. via conference call due to the COVID-19 Executive Order 20-193. Attached to this Agenda is a copy of the Executive Order 20-193.
The attendance of three Board Members is required to constitute a quorum.
To attend the meeting, please use the below conference call information: Phone:	1-844-621-3956
Access Code:	790 393 986 #
PROPOSED CONTINUED BOARD OF SUPERVISORS’ MEETING AGENDA

Administrative Matters
Roll Call to Confirm Quorum
Public Comment Period [for any members of the public desiring to speak on any proposition before the Board]

Business Matters
Consideration of Proposal for Pond Maintenance (provided under separate cover)
Consideration of Qualifications for District Engineering Services
Landis Evans + Partners
Consideration of Agreement for Landscape Maintenance between District and Caliber Residential & Commercial Services LLC
Consideration of Resident Easements
Consideration of Proposal for Fence Repair (provided under separate cover)

Other Business
Staff Reports District Counsel District Engineer District Manager
Supervisor Requests and Audience Comments Adjournment

STATE OF FLORIDA
OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-193
(Amending Executive Order 20-179)

WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida due to COVID-19; and
WHEREAS, Executive Order 20-69, as amended by Executive Order 20-179, requires

amendment to provide local government bodies with additional time to notice their meetings.

NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (l)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect:
Section 1.

Section 3. of Executive Order 20-179 is amended to read, as follows:

Except as amended herein, I hereby extend Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139 and 20-150, until 12:01 a.m. on October 1, 2020.
IN TESTIMONY WHEREOF, I have hereunto
set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this
7th day of	ust, 202	.

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Wynnmere East Community Development District

Proposal for Pond Maintenance

(provided under separate cover)

Wynnmere East Community Development District

Qualifications for District Engineering Services

LANDIS EVANS
+PARTNERS
formerly Sprinkle Consulting

Letter of Interest Landis Evans+ Partners

September 4, 2020

Certificate of Authorization #4548

3810 Northdale Blvd
Suite 100
Tampa, FL 33624

Corporate Headquarters 3810 Northdale Blvd.
Suite 100
Tampa, FL 33624
813-949-7449

Principal-in-Charge & Project Manager: Dallas Evans, P.E.
devans@landisevans.com Professional Engineer License No. 72691

Ms. Jane Gaarlandt
PFM Group Consulting LLC
Wynnmere East CDD - District Manager
12051Corporate Blvd Orlando, FL 32817 Gaarlandt j@pfm.com

RE: Letter of Interest - Engineering Services - Wynnmere East CDD Dear Ms. Gaarlandt,
In response to your Request, Landis Evans+ Partners appreciates the opportunity to present our qualifications and experience to you and to serve the Wynnmere East Community Development District (CDD) with our exceptional team providing professional engineering services with proven experience in planning, preparing designs, plans, and reports across all aspects of land development including construction oversight.

Landis Evans + Partners was founded in 1980 by Tampa native Robert R. Sprinkle. In both the public and private sectors of our experience, we serve projects within Hillsborough and surrounding Tampa Bay Metro areas and beyond. Our long-time staff of project managers, engineers, and designers have been entrusted with Clients' signature projects involving varying scopes of work and technical comprehension. Our staff has accumulated a variety of expertise with resumes spanning residential, commercial, and industrial markets within Hillsborough County and beyond. More focused specialties are outlined below.

Stormwater Management, drainage, and flood mitigation;
Water and sanitary sewer utilities;
Roadway & Trail Design; and
Construction Engineering & Inspection

Our team has diverse permitting experience with the local and state jurisdictions having authority over the district and are familiar with their rules and regulations. In addition, we also routinely work with Contractors to assist in permit acquisition, construction oversight and management of pay requests and contracts for our clients.

September 4, 2020
Wynnmere East CDD -District Engineer Letter of Interest

Page 2 of 2

We are District Engineers for Lake Padgett Estates ISD in Land O' Lakes, and as such, are confident we have the experience to address the needs required of this responsibility. Our track record demonstrates that we provide exceptional customer satisfaction and we encourage you to contact our references who will affirm that we consistently meet or exceed their expectations.

As you review our qualifications, we trust you will find that Landis Evans + Partners would serve as a trusted advisor to the board and assist you in serving your community. We look forward to the opportunity to serve you through this contract. Thank you for your time and consideration.

Sincerely,

Landis Evans + Partners, Inc.

D	C
Dallas Evans, P.E.
Principal

LANDIS EVANS
+PARTNERS
formerly Sprinkle Consulting

LANDIS	EVANS
+PARTNERS
formerly  Sprinkle Consulting

Portfolio of Services

Land Use Planning
Site Civil Engineering
Drainage and Floodplain Analysis
Environmental Design
Construction Engineering & Inspection
Permitting	'(
Transportation Planning & :Engineering

Corporate Office - Tampa 3810 Northdale Blvd., Ste 100 Tampa , FL 33624
P  I 813-949-7449

Downtown Tampa Office 400 N Ashley Drive, Ste 2600 Tampa, FL 33602
P  I 8 13-949-7449

Atlanta Office
3330 Preston Ridge Rd., Ste 380 Alpharetta, GA 30005
P 1 404.855.7254

www.landisevans.com

"[Landis Evans] has been providing civil engineering and planning service to Jireh, Inc.for over 25 years. During that time they have designed residential sub­ divisions, apartment com­ plexes, industrial centers, shopping centers, office complexes, and medical clinics. During design of St. Luke's Cataract and Laser Institute in Tarpon Springs, FL, [they] incorporated many unique and innova­ tive solutions that helped maximize our capacity, while minimizing costs and protecting sensitive riverine environment."

Site Planning
Landis Evans + Partners, formerly Sprinkle Consulting, has decades of success helping clients transform their ideas into reality. Development planning is the first critical stage, and we have a solid reputation for insightful and comprehensive due diligence research and reporting; inspirational, yet practical conceptual development planning and designs; and valuable help obtaining zoning or other land use approvals for a smooth process in bringing our clients' products to market.
Whether you are a first-time or seasoned developer, we help translate your ideas into a tangible and feasible physical plan - and a correspondingly realistic development pro-forma.

Residential	Institutional	Municipal	I Transportation

Our organization has over 35 years of unparalleled success helping clients achieve their land development goals. Our
projects range from master planned communities with thousands of homes and a myriad of amenities, to infill urban redevelopment projects. Our big-picture perspective, coupled with attention to the smallest of design and permitting details, is a proven combination for completing development in record time. Our  core leadership are respected experts in site planning, civil and infrastructure design, stormwater management, and permitting. Our key staff includes veteran state DOT roadway access and design engi­ neers who creatively work with regulatory staff to ensure the best driveway and median access for development and the connecting roadway network. Our team is ready to transform  your concept into reality.

"The project [Laurel Gardens in Tampa's Westshore districtJ was very technically complicated, requiring creative, unconventional

utilitization of engineering analy­ sis and design solutions. Together we transformed an otherwise
less than desirable property into a one-of-a-kind, valuable Class A mixed-use office/hotel/retail project."
- Eric Muller, President Pro-ject International

Land Development

Commercial  l	Industrial	Residential	Institutional	Municipal	j Transport'!-tion

Get to know our leadership...

Bruce Landis, P.E., AICP
Bruce has completed hundreds of commercial and residential development projects. He leads due diligence, site planning, design and engi­ neering and delivers creative traffic impact, site driveway/ access design and approvals.

Dallas Evans, P.E., M.S., CFM
Dallas leads our civil engineering design divi­ sion and has over a decade of experience in site development, transportation , and stormwater design, in addition to a previous career as an environmental scientist. He helps developers with floodplain and floodway mitigation.

Christopher Owens, P.E., LEED AP
Chris has 20+ years experience assisting land owners, institutions and CIDs in the metro­ politan Atlanta area by supporting property owners' goals while navigating public policy and procedures. He is instrumental in obtaining local governmental approvals for land development.

Bruce McArthur, P.E.
Bruce has 30+ years experience performing surface and groundwater management plans, hydrology and hydraulic analysis for projects ranging from less than one acre to over 80 square miles. He has served as a County Drainage Engineer and is an expert witness in numerous cases.

Firm Profile
Since 1 980, Landis Evans + Partners, formerly Sprinkle Consulting, has built a reputation for innovation, creativity, and practicality. With a strong foundation in land use development and infrastructure planning and design, our practice combines traditional transportation planning and engineering, with cutting-edge methods
and technologies to find innovative solutions that meet the challenges faced by transportation agencies and the communities they serve.
Our corporate philosophy and operational approach promote businesses and communities. From our early beginnings as a one-man civil engineering firm founded by Robert R. Sprinkle, to our expansion into an a ward - winning company serving clients nationwide, we have been careful to maintain an ethical, profitable, and resp onsibl y-grow ing organization.

LANDIS  EVANS
+PARTNERS

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requestell by the agency, or 10 projects, if not specified.
Complete one Section F for etich projec,t.)	20. EXAMPLE PROJECT KEY NUMBER

1	
21	_ TITLE AN D LOCATION (City and State)	22. YEAR COMPLETED	
Lake Padgett Estates Independent Special District (ISD)
Hillsborough County, Florida	PROFESSI ONAL SERVICE S
2018-Present	CONSTRUCTION /If applicable )
Ongoing	
23. PROJECT OWNER'S INFORMATION	
a PROJECT OWNER
Lake Padgett Estates ISD c/o Rizzetta & Com an	b POINT OF CONTACTNAME
Matthew E. Huber ·	c POINT OF CON TAC T TELEPHONE NUMBER
(813) 933.5571 x2772	
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRAC T (Include scope. size, and cost)

Landis Evans was retained in 2018 to perform as the District Engineer for Lake Padgett Estates ISD. Lake Padgett is an approximate 775-acre District entirely within Pasco County, Florida. Since that time, we have undertaken numerous tasks including monthly status reports, design, and permitting of miscellaneous projects. Below we identify tasks completed to-date.
Prepare exhibits for the Board including maps of District properties, drainage plans, and site plans.
Prepare reports to comply with State and Local oversight of District operations.
Assist vendors with permitting various improvements including playgrounds, septic systems, etc.
Monitor and establish water surface levels in lakes for boat launch closures.
Prepare scope and requirements for permitting improvements on District lands.
Prepare request for bid documents for proposed improvements including electrical improvements , restroom rebuild; and septic system replacement. Monitor, inspecJ, and report on said improvements by awarded vendors.
Review bids for work solicited by other District staff.
Coordinated and performed testing for water treatment systems at parks.
Investigated complaints from residents regarding 'docks and other structures.
Assisted with resolution and notices of violation fron:, FOEP associated to unpermitted activities.
Monitored activities and resolutions by government :and other entities regarding events of interest, i.e. sinkholes.	
	25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT	

a.	(1) FIRM NAME
Landis Evans + Partners	(2) FIRM LOCATION (City and Stale}
Tampa, Florida	(3) ROLE
Prime Consultant	

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY
NUMBER

2	
21 TITLE AND LOCATION ( City and Stat e)
Palm River Road Extension (and Estuary Development)
Hillsborough County, Florida	22 YEAR COMPLETED	
	PROFESSION AL SERVICES
2007-Present	CONS TRUCT/ON    (If applicab le)
Ongoing	
23. PROJECT OWNER'S INFORMATION	
a PROJE CT OWNER
TSP Companies, Inc.	b POINT OF CONTACT NAME
Timothy H. Powell	c POINT OF CONTACT TELEPHONE NUMBER
(813) 220.8682	
24 BR IEF DESCRIPTIO N OF PROJECT AND RELE VA NCE TO THIS CONTRAC T (Include scope, size. and cost)

Landis Evans  was hired to  design, permit, inspect, and certify  a 0.9-mile extension  of Palm River Road in Brandon. The roadway was within a mast r planned development center known as the Estuary at the intersection of 1-75 and SR 60. This was a jointly financed project by Hillsborough County and a private developer.

The design included roadway construction plans, stormwater attenuation, stormwater treatment, bridge sizing, floodplain determination and mapping and floodplain mitigation, as well as bicycle lanes, pedestrian facilities, and provisions for transit.

In addition to the roadway, Landis Evans designed, and permitted the multiphase commercial development covering over 140 acres including a big box, 355,000 square feet of retail/fast food, 88,000 square feet of office/commercial, a 90-room hotel, a 360-unit apartment complex, 7,000 linear feet of offsite sanitary forcemain, 9,000 linear feet of onsite water main, and 2,000 linear feet of onsite sanitary forcemain.

	
25. FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT	

a.	(1) FIRM NAME
Landis Evans + Partners	(2 ) FIRM LOCAT ION (City and State )
Tampa, Florida	(3) ROLE
Prime Consultant	

Wynnmere East Community Development District

Agreement for Landscape Maintenance

LANDSCAPE MAINTENANCE AGREEMENT

This Landscape Maintenance Agreement (“Agreement”), is entered into as of October 12, 2020 between the Wynnmere East Community Development District, a community development district organized under the laws of the State of Florida (the “District”) and Caliber Residential & Commercial Services, LLC, a Florida limited liability company (the “Contractor”).

Background Information:

The District owns, operates, and maintains certain landscaping within and around the District. The District desires to retain an independent contractor to provide landscape maintenance services for certain lands within and around the District. Contractor submitted a proposal and represents that it is qualified to serve as a landscape maintenance contractor and provide services to the District.

Operative Provisions:

Incorporation of Background Information. The background information stated above is true and correct and by this reference is incorporated by reference as a material part of this Agreement.

Contractor’s Representations. In order to induce the District to enter into this Agreement, Contractor makes the following representations, upon which the District has actually and justifiably relied:
That Contractor has examined and carefully studied the project site, and that Contractor has the experience, expertise and resources to perform all required work.
That Contractor has visited the site and at least a fair representative sample of the project area and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing of the work to be performed pursuant to this Agreement.
The Contractor agrees to be responsible for the care, health, maintenance, and replacement, if necessary, of the existing landscaping, in its current condition, and on an “as is” basis.
The Contractor shall be strictly liable for the decline or death of any plant material, regardless of whether such decline or death is due to the negligence of the Contractor, except that the Contractor shall not be responsible for fire, cold, storm or wind damage, incurable or uncontrollable diseases, or damage due to vandalism, upon written notice to the District.
No changes to the compensation set forth in this Agreement shall be made based on any claim that the existing landscaping was not in good condition or that the site was unsuitable for such landscaping.
That Contractor is familiar with and can and shall comply with all federal, state, and local laws and regulations that may affect cost, progress, performance, and furnishing of the work to be performed pursuant to this Agreement.

Description of Work.
The work to be performed shall include all labor, material, equipment, supervision, and transportation necessary to perform the services (the “Work”) within the Service Area as more fully set forth in the proposal attached hereto as Exhibit “A” (the “Proposal”).

The Contractor agrees that the District shall not be liable for the payment of any work or services unless the District, through an authorized representative of the District, authorized the Contractor, in writing, to perform such work.

Emergency Services. In the event of an emergency or disaster, Contractor shall provide the District the following services:
Debris removal services shall be available on a timely basis and at a reasonable price. Prior to mobilization for debris removal activities, Contractor shall provide District, in writing, hourly rates for personnel, and equipment. Unreasonable rates will be rejected. All overhead costs are inclusive in the hourly rates.
Hourly rates for equipment applies only when equipment is operating and includes all associated costs such as operator, fuel, maintenance, and repair.
Personnel and equipment hourly rates include only those hours that Contractor’s personnel are performing the debris removal activities. Stand-by time is not an eligible expense.
Disaster Recovery Assistance Services shall not exceed a total of seventy (70) hours worked for each emergency/disaster.
Contractor shall maintain and supply District all the necessary and adequate documentation on all emergency/disaster-related services to support reimbursement by other local, state, or federal agencies.
District reserves the right to immediately terminate all Disaster Recovery Assistance activities under this Agreement for any reason. District will not be held responsible for any loss incurred by Contractor as a result of District’s election to terminate these activities pursuant to this paragraph.

Manner of Performance.
While performing the Work, the Contractor shall assign such experienced staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the Work in accordance with the specifications.
All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be of the very highest quality at least in accordance with industry standards and best management practices, such as IFAS.
The performance of all services by the Contractor under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.
Contractor shall be required to provide a work crew on site at the frequency described in the Proposal for each service to be performed.
The Contractor shall assign the same work personnel and supervisors to the District to maintain the property in a consistent manner by workers that are familiar with the property and procedures expected.
Should any work and/or services be required which are not specified in this Agreement or any addenda, but which are nevertheless necessary for the proper provision of services to the District, such work or services shall be fully performed by the Contractor as if described and delineated in this Agreement.
Contractor shall use due care to protect the property of the District, its residents, and landowners from damage. Contractor agrees to repair, at its sole cost, any damage resulting from the Work within twenty-four (24) hours of the damage occurring or receiving written notice, whichever is earlier to the satisfaction of the District.

Contractor is responsible for vehicular safety within the community and shall use the proper warning safety equipment. Any motorized equipment used on the road ways of the community must be legally equipped.
Contractor shall replace, at Contractor’s expense, all plant material that, in the opinion of the District fails to maintain a healthy, vigorous condition as a result of the Contractor’s failure to perform the Work specified herein.
It is the responsibility of the Contractor to notify the District in writing of any conditions beyond the control of the Contractor or scope of Work that may result in the damage and/or loss of plant material. This responsibility includes, but is not limited to the following: vandalism and/or other abuse of property, areas of the site that continually hold water, areas of the site that are consistently too dry. Contractor shall provide such items via written notice together with recommended solutions and related costs. Failure of the Contractor to report such items shall result in the Contractor incurring full responsibility and cost for repairs necessary.
In the event that time is lost due to heavy rains (“Rain Days”), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days with prior notification to and approval by, the District’s representative.
The District shall be contacted at least 48 hours ahead of time when services cannot be performed by Contractor on schedule and an alternate time shall be scheduled in accordance with the District’s rules and regulations for operations of contractors on site. The District may at any time request alterations to the general maintenance service timing provided that the Contractor may accomplish the request without incurring additional expense for equipment, materials, or labor.

Time of Commencement. The work to be performed under this Agreement shall commence after providing District the requisite insurance referenced herein.

Term and Renewal. The initial term of this Agreement shall be for one year from the date of this Agreement. At the end of the initial term, the Agreement shall automatically renew for the same term and contract provisions as the initial term, until terminated by either party pursuant to the termination provision below.

Termination
Contractor's Termination. Contractor may terminate this Agreement with thirty (30) days’ written notice with or without cause. Termination notice must be sent to and received by the District by certified mail. The thirty (30) day notice shall commence on the day of actual receipt of said written notice by the District.
District's Termination. The District may, in its sole and absolute discretion, whether or not reasonable, on thirty (30) days’ written notice to Contractor, terminate this Agreement at its convenience, with or without cause, and without prejudice to any other remedy it may have. Termination notice must be sent to the Contractor by certified mail. The thirty (30) day notice shall commence on the day of mailing of said notice to the Contractor. In case of such termination for the District’s convenience, the Contractor shall be entitled to receive payment for work executed, subject to whatever claims or off-sets the District may have against the Contractor.

On a default by Contractor, the District may elect not to terminate this Agreement, and in such event it may make good the deficiency in which the default consists, and deduct the costs from the payment then or to become due to Contractor. The District specifically reserves all rights available under the law or equity should there be a default by Contractor which shall include, but not be limited to, the right of damages, injunctive relief and specific performance.

District Representatives and Inspections.
The District hereby designates the District Manager to act as the District’s representative. The District’s representative shall have complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Work.
The Contractor agrees to meet with a District representative no less than one (1) time per month to walk the property to discuss conditions, schedules, and items of concern regarding this Agreement. At that time, the District will compile a list of landscape related items that should be performed before the next walk through.
The District will be responsible for scheduling the monthly inspections. The District must have no less than fourteen (14) days’ notice if there is a need to reschedule.
All scheduled inspections will proceed with or without the attendance of the Contractor. Notwithstanding, Contractor is responsible for a weekly inspection of the entire property subject to the Work.
If the District representatives identify any deficient areas, the District representatives shall notify the Contractor through a written report or otherwise. The Contractor shall then within the time period specified by the District representatives, or if no time is specified within forty-eight (48) hours, explain in writing what actions shall be taken to remedy the deficiencies. Upon approval by the District, the Contractor shall take such actions as are necessary to address the deficiencies within the time period specified by the District, or if no time is specified by the District, then within three days and prior to submitting any invoices to the District.

Compensation
As compensation for the Work the District agrees to pay Contractor:
for the services specified in the Service Schedule of the Proposal for a total of $3,000 per month.
for all other non-monthly services specified in the Proposal, including but not limited to the bedding of annuals, and for Special Service Area Costs as described in the Proposal, and only after receipt of written authorization by the District to proceed with those non-monthly services and/or Special Service Area Costs, the pricing specified in the Proposal after the services were performed.
Contractor shall invoice the District monthly for services provided during the previous month. The format of the invoice and backup documentation shall strictly adhere to the requirements established by District and at a minimum shall include the District's name, the Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each service, the time frame within which the services were provided, and the address or bank information to which payment is to be remitted.
The District shall provide payment within forty five (45) days of receipt of invoices, unless such invoice is disputed as described below, in accordance with Florida’s Prompt Payment Act, Section 218.70, Florida Statutes.

If the District disputes or questions any part or all of an invoice, the District shall advise Contractor in writing of such questions or disputes within forty five (45) days of the District’s receipt of such invoice.
In the event of any dispute regarding the Work performed to date and so long as the District is pursuing resolution of such dispute in an expeditious manner, Contractor, including any of Contractor’s subcontractor(s) or agent(s) responsible for the Work, shall continue to carry on performance of the Work and maintain their progress during any such dispute, lawsuit or other proceeding to resolve the dispute, and District shall continue to make payments of undisputed amounts to Contractor in accordance with this Agreement.
If the District should desire additional work or services not described in the Proposal, or to add additional lands to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to an addendum, addenda, or change order to this Agreement. The Contractor shall be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing.
The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, material men, suppliers or laborers be paid and require evidence, in the form of lien releases or partial waivers of lien, to be submitted to the District by those subcontractors, material men, suppliers, or laborers, and further require that the Contractor provide an affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen’s Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

Duties and Rights of Contractor. Contractor's duties and rights are as follows:
Responsibility for and Supervision of the Work: Contractor shall be solely responsible for all work specified in this Agreement, including the techniques, sequences, procedures, means, and coordination for all work. Contractor shall supervise and direct the work to the best of its ability, giving all attention necessary for such proper supervision and direction.
Discipline, Employment, Uniforms: Contractor shall maintain at all times strict discipline among its employees and shall not employ for work on the project any person unfit or without sufficient skills to perform the job for which such person is employed. All laborers and foremen of the Contractor shall perform all Work on the premises in a uniform to be designed by the Contractor. The shirt and pants shall be matching and consistent. At the start of each day, the uniform shall be reasonably clean and neat. No shirtless attire, no torn or tattered attire or slang graphic T-shirts are permitted. No smoking in or around the buildings will be permitted. Rudeness or discourteous acts by Contractor employees will not be tolerated. No Contractor solicitation of any kind is permitted on property.
Furnishing of Labor, Materials/Liens and Claims: Contractor shall provide and pay for all labor, materials, and equipment, including tools, equipment and machinery, utilities, including water, transportation, and all other facilities and services necessary for the proper completion of work in accordance with this Agreement. Contractor waives the right to file mechanic’s and construction liens. The Contractor shall keep the District’s property free from any material men’s or mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor’s performance under this Agreement,

and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of termination.
Payment of Taxes, Procurement of Licenses and Permits, Compliance with Governmental Regulations: Contractor shall pay all taxes required by law in connection with the Work, including sales, use, and similar taxes, and shall secure all licenses and permits necessary for proper completion of the Work, paying the fees therefore and ascertaining that the permits meet all requirements of applicable federal, state and county laws or requirements. The Contractor shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances, including conservation easements applicable to the District. If the Contractor fails to notify the District in writing within five
(5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or material men, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective immediately upon the giving of notice of termination.
Responsibility for Negligence of Employees and Subcontractors: Contractor shall be fully responsible for all acts or omissions of its  employees on the project, its subcontractors  and their employees, and other persons doing work under any request of Contractor.
Safety Precautions and Programs: Contractor shall provide for and oversee all safety orders, precautions, and programs necessary for reasonable safety of the Work. Contractor shall maintain an adequate safety program to ensure the safety of employees and any other individuals working under this Agreement. Contractor shall comply with all OSHA standards. Contractor shall take precautions at all times to protect any persons and property affected by Contractor’s work, utilizing safety equipment such as bright vests and traffic cones.
Contractor shall assign a dedicated account manager to the District. The account manager shall attend the monthly meetings of the District to provide updates to the Board and answer any questions regarding landscaping issues.

Indemnification
The Contractor does hereby indemnify and hold the District, its officers, agents and employees, harmless from liabilities, damages, losses and costs (including but not limited to reasonable attorney’s fees) arising in any manner whatsoever from or out of Contractor’s presence at the District for any purpose, including but not limited to performing the Work. The foregoing indemnification includes agreement by the Contractor to indemnify the District for conduct to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons or entities employed or utilized by the Contractor in the performance of this Agreement.

It is understood and agreed that this Agreement is not a construction contract as that term is referenced in Section 725.06, Florida Statutes, (as amended) and that said statutory provision does not govern, restrict or control this Agreement.
In any and all claims against the District or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Agreement shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under Workmen’s compensation acts, disability benefit acts, or other employee benefit acts.
The Contractor shall and does hereby indemnify and hold the District and anyone directly or indirectly employed by it harmless from and against all claims, suits, demands, damages, losses, and expenses (including attorney’s fees) arising out of any infringement of patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights.

Insurance.
Before performing any Work, Contractor shall procure and maintain, during the life of the Agreement, unless otherwise specified, insurance listed below. The policies of insurance shall be primary and written on forms acceptable to the District and placed with insurance carriers approved and licensed by the Insurance Department in the State of Florida and meet a minimum financial AM Best Company rating of no less than “A- Excellent: FSC VII.” No changes are to be made to these specifications without prior written specific approval by the District.
Workers’ Compensation: Contractor will provide Workers’ Compensation insurance on behalf of all employees who are to provide a service under this Agreement, as required under applicable Florida Statutes and Employer’s Liability with limits of not less than $100,000.00 per employee per accident, $500,000.00 disease aggregate, and $100,000.00 per employee per disease. In the event the Contractor has “leased” employees, the Contractor or the employee leasing company must provide evidence of a Minimum Premium Workers’ Compensation policy, along with a Waiver of Subrogation in favor of the District. All documentation must be provided to the District at the address listed below. No contractor or subcontractor operating under a worker’s compensation exemption shall access or work on the site.
Commercial General Liability: Commercial General Liability including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than $2,000,000.00 per occurrence, $2,000,000.00 aggregate covering all work performed under this Agreement.
Automobile Liability: Including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than
$1,000,000.00 combined single limit covering all work performed under this Agreement.
Umbrella Liability: With limits of not less than $1,000,000.00 per occurrence covering all work performed under this Agreement.
Each insurance policy required by this Agreement shall:
Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.

Be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after 30 calendar days prior written notice, has been given to the District.
Be written to reflect that the aggregate limit will apply on a per claim basis.
The District shall retain the right to review, at any time, coverage, form, and amount of insurance.
The procuring of required policies of insurance shall not be construed to limit Contractor’s liability or to fulfill the indemnification provisions and requirements of this Agreement.
The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not the District is an insured under the policy.
Certificates of insurance evidencing coverage and compliance with the conditions to this Agreement, and copies of all endorsements are to be furnished to the District prior to commencement of Work, and a minimum of 10 calendar days after the expiration of the insurance contract when applicable. All insurance certificates shall be received by the District before the Contractor shall commence or continue work.
Notices of accidents (occurrences) and notices of claims associated with work being performed under this Agreement shall be provided to the Contractor’s insurance company and to the District as soon as practicable after notice to the insured.
Insurance requirements itemized in this Agreement and required of the Contractor shall be provided on behalf of all subcontractors to cover their operations performed under this Agreement. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subcontractors.
All policies required by this Agreement, with the exception of Workers’ Compensation, or unless specific approval is given by the District, are to be written on an occurrence basis, shall name the District, its supervisors, officers, agents, employees and volunteers as additional insured as their interest may appear under this Agreement. Insurer(s), with the exception of Workers’ Compensation on non-leased employees, shall agree to waive all rights of subrogation against the district, its supervisors, officers, agents, employees or volunteers.

Subcontractors. The Contractor shall not award any of the Work to any subcontractor without prior written approval of the District. The Contractor shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained herein shall create contractual relations between any subcontractor and the District.

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.

Contractor represents that in entering into this Agreement, the Contractor has not been placed on the convicted vendor list within the last 36 months and, in the event that the Contractor is placed on the convicted vendor list, the Contractor shall immediately notify the District whereupon this Agreement may be terminated by the District.

Scrutinized Companies. Pursuant to Section 287.135, Florida Statutes, Contractor represents that in entering into this Agreement, the Contractor has not been designated as a “scrutinized company” under the statute and, in the event that the Contractor is designated as a “scrutinized company”, the Contractor shall immediately notify the District whereupon this Agreement may be terminated by the District.

Relationship Between the Parties. It is understood that the Contractor is an independent contractor and shall perform the services contemplated under this Agreement. As an independent contractor, nothing in this Agreement shall be deemed to create a partnership, joint venture, or employer-employee relationship between the Contractor and the District. The Contractor shall not have the right to make any contract or commitments for, or on behalf of, the District without the prior written approval of the District. The Contractor assumes full responsibility for the payment and reporting of all local, state, and federal taxes and other contributions imposed or required of the Contractor during the performance of services to the District.

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

Public Records. As required under Section 119.0701, Florida Statutes, Contractor shall (a) keep and maintain public records required by the District in order to perform the service, (b) upon request from the District’s custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law, (c) ensure 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 this Agreement term and following completion of this Agreement if the Contractor does not transfer the records to District, (d) meet all requirements for retaining public records and transfer, at no cost, to the District all public records in possession of the Contractor upon termination of this Agreement and 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 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 TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 382-3256, OR BY EMAIL AT SHEILAPC@FISHKIND.COM , OR BY REGULAR MAIL AT 12501 CORPORATE BOULEVARD, ORLANDO, FLORIDA 32817.
Waivers. The failure of any party hereto to enforce any provision of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.

Notices. Unless specifically stated to the contrary elsewhere in this Agreement, where notice is required to be provided under this Agreement, notice shall be deemed sent upon transmittal of the notice by facsimile and by U.S. Mail to the other party at the addresses listed below and shall be deemed received upon actual receipt by mail or facsimile, whichever is first:
To the District:	Wynnmere East Community Development District
c/o pfm
12051 Corporate Boulevard
Orlando, Florida 32817 Attn: District Manager
With a copy to:	District Counsel
Straley Robin Vericker 1510 W. Cleveland Street Tampa, Florida 33606

To Contractor:	Caliber Residential & Commercial Services, LLC
1701 Woodfern Rd. Apt. J203 Tampa, Florida 33612

Controlling Law. This Agreement shall be governed under the laws of the State of Florida with venue in the county in which the District is located.

Enforcement of Agreement. In the event it shall become necessary for either party to institute legal proceedings in order to enforce the terms of this Agreement, the prevailing party shall be entitled to all costs, including reasonable attorney’s fees at both trial and appellate levels against the non- prevailing party.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and eﬀect.

Amendment. This Agreement may not be altered, changed or amended, except by an instrument in writing, signed by both parties hereto.

Assignment. This Agreement is not transferrable or assignable by either party without the written approval of both parties.

Arm’s Length Transaction. This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

Authorization. The execution of this Agreement has been duly authorized by the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this Agreement.

Entire Agreement. This Agreement contains the entire agreement and neither party is to rely upon any oral representations made by the other party, except as set forth in this Agreement. This Agreement shall supersede and subsume any prior agreements. To the extent that any provisions of this Agreement conflict with the provisions in any exhibit, the provisions in this Agreement shall control over provisions in any exhibit.

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

Caliber Residential & Commercial Services, LLC

Name:	 Title: 		Wynnmere East
Community Development District

Name:	 Chair/Vice-Chair of the Board of Supervisors	

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Exhibit "A"

LANDSCAPE MAINTENANCE PROPOSAL FOR
WYNNMERE EAST COMMUNITY DEVELOPMENT DISTRICT
RUSKIN, FL

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Caliber Residential & Commercial Services LLC	
Web Address: www.Perryseverything.com
Bill to : Caliber Residential & Commercial Services LLC		Phone: 813-720-1937
Email: Caliberrcsvcs@gmail.com	
1	Grounds Keeping: Cutting Grass; Edging
and Blowing	2	$	500.00	-	$	1,000.00	
2	Landscaping: Hedges Trimmed; Weed Treatment; Mulch
Replenishment	2	$	500.00	-	$	1,000.00	
3	Residential Tree
Trimming	2	$	250.00	-	$	500.00	
4	Haul Away: Trash &
Debris	2	$	125.00	-	$	250.00	
5	Fertilization
Treatment	2	$	125.00	-	$	250.00	
	Invoice Subtotal	$	3,000.00	

	Total: Monthly	$	3,000.00	
Make all checks payable to Caliber Residential & Commercial Services LLC.
Overdue accounts subject to a service charge of 10% per month. This invoice is generated to reflect that services will be provided on a weekly basis being 4 times a month	Total: Annually	$	36,000.00	

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Landscape Maintenance Program
Scope of Work

Spring Cleaning
Leaves, sticks and other winter debris are collected and removed from beds and tree rings.
Minor pruning of shrubbery, ornamental trees and ground covers (that are not pruned in fall) is performed. Dead and/or damaged material will be hauled away.
An edge is cut around trees and bed lines and removed when applicable.
A pre-emergent grass/weed control is applied to all beds. Existing weeds are treated or removed as needed.
6. All work areas are blown clean and left in an orderly condition Procedure
Trash, sticks and other lawn debris are collected (excessive trash and debris can result in additional cost)
Sidewalks and other concrete bordering will be cut by a lawn edger and/or string trimmer. Mowing
Grass will be mowed on a weekly basis (50 cuts a year, that's 4 times a month for 12 months). Mowing service includes turf mowing, line trimming along beds and turf edges, and cleanup of clippings and other debris from sidewalks, driveways and other hard surfaces.
Mulch
Annuals will be replaced every 6 months along with mulch around shrubs in ornamentals areas.

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Chemical Applications
Atrazine which is a weed killer will be sprayed in the mulch areas weekly. Shrubs and Ornamentals will be sprayed for Insects and disease with liquid fertilizer monthly.
Fall Services Details
For sites that have densely planted trees and/or large, mature trees, leaf removal is a must for Maintaining a clean, orderly appearance.
Once the leaves begin lightly dropping in the fall, mowing crews take extra time to cut the leaves into small, fine pieces during routine mowing visits.
When leaves start falling in heavy concentrations, they are gathered together by means of commercial blowers and either carried off into an on-site wooded area (to be used as natural mulch) or collected by means of a vacuum and removed.
A final, touch-up leaf removal visit may be performed in the late fall to leave the appearance of your property clean and orderly over the winter months.
Leaf Removal
Allowing leaves to accumulate and smother your turf over the winter can lead to dead patches in the spring. We remove leaves from turf areas and beds to prevent this and keep your lawn looking green.

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Dethatching
As part of our fall cleanup service, thatch buildup is removed from turf areas. Above-ground roots called thatch can block sunlight and moisture from soil if allowed to accumulate. Removing this buildup of thatch in the fall will help prepare your turf for winter and set it up for a healthy spring.
Lighting
Lighting will be installed around the Hawks Landing sign. Dog Station
The two dogs stations will be cut, maintained and inspected weekly. Trash Cans
Two trash cans will be emptied weekly along with any other trash that is seen on the ground. Irrigation
Irrigation we'll be inspected monthly and will be repaired ASAP if damage occurs Monthly reports
A monthly report will be turned in on the 30th of each month to email glasgowd@pfm.com Emergency
lf an emergency occurs such as irrigation line breakage it will be repaired ASAP, no longer than a couple of hours. Please call 813-720- 1937
Payment
Payments is due on the 15th of every month. An invoice will be sent on the 1st of every month to allow time for processing.

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Wet or vegetative Area’s Grass, Shrubberies, & Mulch
Dog Parks & Trash Receptacles

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Acceptance Page

_
Client Signature	Date

Client Printed Name	Date

Contractor Signature	Date

Contractor Printed Name	Date

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Wynnmere East Community Development District

Resident Easements

Consideration; $10.00 Documentary Stamp Tax: $0.70

Prepared by and
when recorded return to:
John M. Vericker, Esq. Straley Robin Vericker 1510 W. Cleveland Street Tampa, Florida 33606

Grant of Easement

This Grant of Easement is given as of the 	day of 	, 2020, by  	
 	, (“Grantor”) whose principal address is  	
 		, in favor of the Wynnmere East Community Development District, a unit of special purpose local government organized and existing under Chapter 190, Florida Statutes (“Grantee”), whose address is 12051 Corporate Blvd., Orlando, Florida 32817. The Grantor and the Grantee is collectively referred to herein as the “Parties”). Grantor is the owner of  Lot 	, described in the plat of  	
 	, as recorded in Plat Book 	, Pages 	of the Public Records of Hillsborough County, Florida.

WITNESSETH, that Grantor, for and in consideration of the sum of $10.00, and other valuable consideration, the receipt whereof is hereby acknowledged, hereby grants, conveys, warrants, and dedicates to the Grantee, its successors, assigns, agents, and vendors, a Landscape Easement (Private) for access, ingress, egress, landscaping, and maintenance together with full rights of ingress, egress, and access on, in, over, under, across, and through the parcels of real estate located in Hillsborough County as described and depicted Exhibit “A” attached hereto. Either party may terminate this Grant of Easement without cause with thirty (30) days written notice to the other party. This Grant of Easement was prepared at the direction of the Parties without the benefit of a title search.

[Signature pages to follow]

IN WITNESS WHEREOF, the undersigned has executed this Grant of Easements as of the day and year first written above.

Signed, Sealed and Delivered in the Presence of:

(Witness 1 – Signature)

(Witness 1 – Printed Name)

(Witness 2 – Signature)

(Witness 2 – Printed Name)	Grantor

Name: 		

STATE OF FLORIDA
COUNTY OF  	

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this 	day of 	, 2020 by 	,	☐

who is personally known to me or  ☐ has produced    	

as identification.

[Notary Seal]	Notary Public

Name typed, printed or stamped My Commission Expires:  	

Signed, Sealed and Delivered in the Presence of:

(Witness 1 – Signature)

(Witness 1 – Printed Name)

(Witness 2 – Signature)

(Witness 2 – Printed Name)	Grantor

Name: 		

STATE OF FLORIDA
COUNTY OF  	

The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐
online notarization, this 	day of 	, 2020 by 	,	☐

who is personally known to me or  ☐ has produced    	

as identification.

[Notary Seal]	Notary Public

Name typed, printed or stamped My Commission Expires:  	

Wynnmere East Community Development District

Proposal for Fence Repair

(provided under separate cover)

Wynnmere East Community Development District

Staff Reports