Copperspring Community Development District

Board of Supervisors’ Meeting July 29, 2019

District Office: 5844 Old Pasco Road, Suite 100 Pasco, Florida 33544 813.994.1001 COPPERSPRING CDD COMMUNITY DEVELOPMENT DISTRICT

Rizzetta & Company, Inc., 5844 Old Pasco Road, Suite 100, Wesley Chapel, FL 33544

Board of Supervisors Kelly Evans Board Supervisor Laura Coffey Board Supervisor Lori Campagana Board Supervisor Chris Smith Board Supervisor David Jae Board Supervisor

District Manager Matthew Huber Rizzetta & Company, Inc.

District Counsel John Vericker Straley Robin & Vericker

District Engineer Brian Surak Clearview Land

All cellular phones must be placed on mute while in the meeting room.

The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three (3) minutes to make comments during this time.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (813) 994-1001. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1- 1, or 1-800-955-8771 (TTY) 1-800-955-8770 (Voice), who can aid you in contacting the District Office.

A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based. COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE • 5844 OLD PASCO ROAD • SUITE 100 • WESLEY CHAPEL • FLORIDA • 33544

July 19, 2019 Board of Supervisors Copperspring Community Development District FINAL AGENDA Dear Board Members:

The Special Meeting of the Board of Supervisors of the Copperspring Community Development District will be held on Monday, July 29, 2019 at 9:00 a.m., located at 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544. The following is the final agenda for the meeting:

1. CALL TO ORDER 2. AUDIENCE COMMENTS ON AGENDA ITEMS 3. BUSINESS ADMINISTRATION A. Consideration of the Minutes of the Regular Meeting held on July 9, 2019 ...... Tab 1 B. Consideration of the Operation and Maintenance for May and June 2019 ...... Tab 2 4. BUSINESS ITEMS A. Continued Public Hearing on Debt Assessments 1. Consideration of Resolution 2019-37, Debt Assessments……………………………………………. Tab 3 B. Consideration of Landscape proposals……………………….. Tab 4 C. Consideration of Contract for Professional Technology Services…………………………………………………………... Tab 5 5. STAFF REPORTS A. District Counsel B. District Engineer C. District Manager 7. SUPERVISOR REQUESTS AND AUDIENCE COMMENTS 8. ADJOURNMENT

We look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call us at (813) 994-1001.

Sincerely,

Matthew Huber District Manager Tab 1 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT July 9, 2019 Minutes of Meeting Page 1

1 MINUTES OF MEETING 2 3 Each person who decides to appeal any decision made by the Board with respect to any 4 matter considered at the meeting is advised that the person may need to ensure that a 5 verbatim record of the proceedings is made, including the testimony and evidence upon 6 which such appeal is to be based. 7 8 COPPERSPRING 9 COMMUNITY DEVELOPMENT DISTRICT 10 11 The regular meeting of Copperspring Community Development District was held 12 on Tuesday, July 9, 2019, at 9:00 a.m. at the office of Rizzetta & Company, Inc., located 13 at 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544. 14 15 Present were: 16 17 Kelly Evans Board Supervisor, Chairman 18 Lori Campagna Board Supervisor, Assistant Secretary 19 David Jae Board Supervisor, Assistant Secretary 20 21 Vivek Babar District Counsel, Straley, Robin Vericker 22 Matthew Huber District Manager, Rizzetta & Company, Inc. 23 Brian Surak Interim Engineer, Clearview Land Design 24 (via conference call) 25 26 FIRST ORDER OF BUSINESS Call to Order 27 28 Mr. Huber called the meeting to order and confirmed quorum. 29 30 SECOND ORDER OF BUSINESS Consideration of the Minutes of the 31 Board of Supervisors regular meeting 32 held on June 11, 2019 33 34 Mr. Huber presented the Minutes of the regular meeting held on June 11, 2019 to 35 the Board of Supervisors. 36 On a Motion by Ms. Evans, seconded by Ms. Campagna, with all in favor, the Board of Supervisors approved the Minutes of the Board of Supervisors regular meeting held on June 11, 2019, for Copperspring Community Development District. 37 38 39 40 41 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT July 9, 2019 Minutes of Meeting Page 2

42 THIRD ORDER OF BUSINESS Public Hearing on Debt Assessments 43 44 Mr. Huber asked the Board for a Motion to Open the Public Hearing on the Debt 45 Assessments. 46 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors Opened the Public Hearing on the Debt Assessments and decided to Continue the Public Hearing at the July 29, 2019 meeting at 9:00 a.m., for Copperspring Community Development District. 47 48 FOURTH ORDER OF BUSINESS Public Hearing Rules of Procedure 49 50 Mr. Huber asked the Board for a Motion to Open the Public Hearing on the Rules 51 of Procedure. 52 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors Opened the Public Hearing on the Rules of Procedure, for Copperspring Community Development District. 53 54 Mr. Huber asked the Board for a Motion to Close the Public Hearing on the Rules 55 of Procedure. 56 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors Closed the Public Hearing on the Rules of Procedure, for Copperspring Community Development District. 57 58 FIFTH ORDER OF BUSINESS Consideration Resolution 2019-38, 59 Rules of Procedure 60 61 Mr. Huber presented Resolution 2019-38, Rules of Procedure to the Board of 62 Supervisors. 63 On a Motion by Ms. Evans, seconded by Ms. Campagna, with all in favor, the Board of Supervisors approved Resolution 2019-38, Rules of Procedure, for Copperspring Community Development District. 64 65 66 67 68 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT July 9, 2019 Minutes of Meeting Page 3

69 SIXTH ORDER OF BUSINESS Public Hearing on Uniform Method 70 71 Mr. Huber asked the Board for a Motion to Open the Public Hearing on Uniform 72 Method. 73 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors Opened the Public Hearing on Uniform Method, for Copperspring Community Development District. 74 75 Mr. Huber asked the Board for a Motion to Close the Public Hearing on Uniform 76 Method. 77 On a Motion by Ms. Evans, seconded by Ms. Campagna, with all in favor, the Board of Supervisors Closed the Public Hearing on Uniform Method, for Copperspring Community Development District. 78 79 SEVENTH ORDER OF BUSINESS Consideration of Resolution 2019-39, 80 Uniform Method 81 82 Mr. Huber presented Resolution 2019-39, Uniform Method to the Board of 83 Supervisors. 84 On a Motion by Ms. Evans seconded by Mr. Jae, with all in favor, the Board of Supervisors approved Resolution 2019-39, Uniform Method, for Copperspring Community Development District. 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT July 9, 2019 Minutes of Meeting Page 4

102 EIGHTH ORDER OF BUSINESS Public Hearing on Fiscal Year 2018- 103 2019 Final Budget 104 105 Mr. Huber asked the Board for a Motion to Open the Public Hearing on Fiscal Year 106 2018-2019 Final Budget. 107 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors Opened the Public Hearing on Fiscal Year 2018-2019 Final Budget, for Copperspring Community Development District. 108 109 Mr. Huber asked the Board for a Motion to Close the Public Hearing on Fiscal Year 110 2018-2019 Final Budget 111 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors Close the Public Hearing on Fiscal Year 2018-2019 Final Budget, for Copperspring Community Development District. 112 113 NINTH ORDER OF BUSINESS Consideration of Resolution 2019-40, 114 Approved Final Budget on Fiscal Year 115 2018-2019 116 117 Mr. Huber presented Resolution 2019-40, Approved Final Budget on Fiscal Year 118 2018-2019 to the Board of Supervisors. 119 On a Motion by Ms. Evans, seconded by Ms. Campagna, with all in favor, the Board of Supervisors approved Resolution 2019-40, Approved Final Budget on Fiscal Year 2018- 2019, for Copperspring Community Development District. 120 121 Ms. Coffey joined the meeting at 9:05 a.m. 122 123 TENTH ORDER OF BUSINESS Consideration of Developer Funding 124 Agreement 125 126 Mr. Huber presented the Developer Funding Agreement to the Board of 127 Supervisors. 128 On a Motion by Ms. Evans, seconded by Ms. Campagna, with all in favor, the Board of Supervisors approved the Developer Funding Agreement, for Copperspring Community Development District. 129 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT July 9, 2019 Minutes of Meeting Page 5

130 ELEVENTH ORDER OF BUSINESS Consideration of District Engineer 131 Proposals 132 133 Mr. Huber presented the District Engineer proposals to the Board of Supervisors. 134 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors appointed Clearview Land as the District Engineer, for Copperspring Community Development District. 135 136 TWELFTH ORDER OF BUSINESS Review of ADA Website Remediation 137 Proposals 138 139 Mr. Huber presented the ADA Website Remediation proposals to the Board of 140 Supervisors. 141 On a Motion by Ms. Evans, seconded by Mr. Jae, with all in favor, the Board of Supervisors approved Campus Suite’s proposal in the amount of $6,227.00, for Copperspring Community Development District. 142 143 The Board directed District Counsel to draft the Contract for Campus Suites and 144 the District Engineer agreement. 145 146 THIRTEENTH ORDER OF BUSINESS Staff Reports 147 148 District Counsel 149 No Report. 150 151 District Engineer 152 Phase 2 lots are starting and will be 147 lots in total. 153 154 District Manager 155 Huber reminded the Board of Supervisors of the next meeting scheduled for July 29, 2019, 156 at 9:00 a.m. 157 158 Mr. Huber presented the landscape bids to the Board. The Board decided to table them 159 until the July 29, 2019 meeting. 160 161 162 163 164 165 166 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT July 9, 2019 Minutes of Meeting Page 6

167 FOURTEENTH ORDER OF BUSINESS Adjournment 168 169 Mr. Huber stated that there were no other matters to come before the Board of 170 Supervisors at this time. 171 On a Motion by Ms. Campagna, seconded by Ms. Coffey, with all in favor, the Board of Supervisors adjourned the meeting at 9:26 a.m., for Copperspring Community Development District. 172 173 174 175 Assistant Secretary Chairman/Vice Chairman Tab 2 COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · 2806 N FIFTH STREET · UNIT 403 · ST. AUGUSTINE, FLORIDA 32084

Operations and Maintenance Expenditures May 2019 For Board Approval

Attached please find the check register listing the Operation and Maintenance expenditures paid from May 1, 2019 through May 31, 2019. This does not include expenditures previously approved by the Board.

The total items being presented: $7,644.96

Approval of Expenditures:

______

______Chairperson

______Vice Chairperson

______Assistant Secretary COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT Paid Operation and Maintenance Expenditures May 1, 2019 Through May 31, 2019

Vendor Name Check # Invoice Number Invoice Description Invoice Amount

Department of Economic 000001 73032 Special District Fee FY2018- $ 125.00 Opportunity 2019 Rizzetta & Company, Inc. 000002 INV0000040239 District Management Fees $ 1,309.92 04/19 Rizzetta & Company, Inc. 000002 INV0000040269 District Management Fees $ 3,275.00 05/19 Straley Robin Vericker 000003 17111 General Legal Services 05/19$ 2,153.64

Times Publishing 000004 765544 04/12/19 Legal Advertising Ad#765544 $ 92.80 Company 04/12/19 Times Publishing 000004 771998 04/26/19 Legal Advertising Ad#771998 $ 162.40 Company 04/26/19 Times Publishing 000004 772491 04/26/19 Legal Advertising Ad#772491 $ 95.20 Company 04/26/19 Times Publishing 000004 773827 05/05/19 Legal Advertising Ad#773827 $ 431.00 Company 05/06/19

Report Total $ 7,644.96 5-21-19 MEH 05/07 MEH 05-07

05-24-19 5-21-19

5-21-19

5-21-19

5-21-19

COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT

DISTRICT OFFICE · 2806 N FIFTH STREET · UNIT 403 · ST. AUGUSTINE, FLORIDA 32084

Operations and Maintenance Expenditures June 2019 For Board Approval

Attached please find the check register listing the Operation and Maintenance expenditures paid from June 1, 2019 through June 30, 2019. This does not include expenditures previously approved by the Board.

The total items being presented: $3,911.00

Approval of Expenditures:

______

______Chairperson

______Vice Chairperson

______Assistant Secretary COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT Paid Operation and Maintenance Expenditures June 1, 2019 Through June 30, 2019

Vendor Name Check # Invoice Number Invoice Description Invoice Amount

Rizzetta & Company, Inc. 000005 INV0000041012 District Management Fees 06/19 $ 3,275.00

Times Publishing Company 000006 774599 06/06/19 Legal Advertising Ad#774599 $ 92.80 06/06/19 Times Publishing Company 000006 774603 06/07/19 Legal Advertising Ad#774603 $ 193.60 06/07/19 Times Publishing Company 000006 778583 05/31/19 Legal Advertising Ad#778583 $ 349.60 05/31/19

Report Total $ 3,911.00 6-10-19 06-17-19

06-17-19

06-17-19

Tab 3 Final Resolution Approving Debt Assessments Copperspring CDD Resolution 2019-37 RESOLUTION 2019 - 37

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING THE CONSTRUCTION AND ACQUISITION OF CERTAIN CAPITAL PUBLIC IMPROVEMENTS; EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS ON THE PROPERTY SPECIALLY BENEFITED BY SUCH PUBLIC IMPROVEMENTS TO PAY THE COST THEREOF; PROVIDING A METHOD FOR ALLOCATING THE TOTAL ASSESSMENTS AMONG THE BENEFITED PARCELS WITHIN THE DISTRICT; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE ITS SPECIAL ASSESSMENT BONDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.

BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS:

SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapters 170,190 and 197, Florida Statutes.

SECTION 2. FINDINGS. The Board of Supervisors (the “Board”) of the Copperspring Community Development District (the “District”) hereby finds and determines as follows:

(a) The District is a local unit of special purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended.

(b) The District is authorized under Chapter 190, Florida Statutes, to construct and acquire certain capital public improvements as described in the Engineer’s Report dated April 2019 (the “2019 Project”), attached hereto as Exhibit “A”.

(c) The District is authorized by Chapters 170 and 190, Florida Statutes, to levy special assessments to pay all or any part of the cost of community development improvements such as the 2019 Project and to issue revenue bonds payable from special assessments as provided in Chapters 170 and 190, Florida Statutes.

(d) It is desirable for the public safety and welfare that the District construct and acquire the 2019 Project on certain lands within the District, the nature and location of which are described in Resolution 2019-30 and more specifically described in the plans and specifications on file at the registered office of the District; that the cost of such 2019 Project be assessed against the lands specially benefited thereby, and that the District issue its special assessment bonds, in one or more series (herein, the “Series 2019 Bonds”), to provide funds for such purpose pending the receipt of such special assessments.

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(e) The implementation of the 2019 Project, the levying of such special assessments and the sale and issuance of the Series 2019 Bonds serves a proper, essential, and valid public purpose.

(f) In order to provide funds with which to pay the cost of constructing and acquiring a portion of the 2019 Project which are to be assessed against the benefited properties pending the collection of such special assessments, it is necessary for the District to issue and sell the Series 2019 Bonds.

(g) By Resolution 2019-30, the Board determined to implement the 2019 Project and to defray the cost thereof by levying special assessments on benefited property and expressed an intention to issue the Series 2019 Bonds to provide the funds needed therefor prior to the collection of such special assessments. Resolution 2019-30 was adopted in compliance with the requirements of Section 190.016, Florida Statutes and with the requirements of Section 170.03, Florida Statutes, and prior to the time the same was adopted, the requirements of Section 170.04, Florida Statutes had been complied with.

(h) Resolution 2019-30, was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Chairman of the Board of Supervisors of the District.

(i) A preliminary assessment roll has been prepared and filed with the Board as required by Section 170.06, Florida Statutes.

(j) As required by Section 170.07, Florida Statutes, upon completion of the preliminary assessment roll, the Board adopted Resolution 2019-31 fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (i) the propriety and advisability of implementing the 2019 Project, (ii) the cost thereof, (iii) the manner of payment therefor, and (iv) the amount thereof to be assessed against each specially benefited property.

(k) At the time and place specified in the resolution and notice referred to in paragraph (j) above, the Board met as an equalization board, conducted such public hearing and heard and considered all comments and complaints as to the matters described in paragraph (j) above, and based thereon, has made such modifications in the preliminary assessment roll as it deems desirable in the making of the final assessment roll.

(l) Having considered revised estimates of the construction costs of the 2019 Project, revised estimates of financing costs, and all complaints and evidence presented at such public hearing, the Board finds and determines:

(i) that the estimated costs of the 2019 Project is as specified in the Master Special Assessment Allocation Report, dated April 19, 2019 prepared by

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Rizzetta & Company, (the "Assessment Report") attached hereto as Exhibit “B”, and the amount of such costs is reasonable and proper;

(ii) it is reasonable, proper, just and right to assess the cost of such 2019 Project against the properties specially benefited thereby using the methods determined by the Board, which results in the special assessments set forth on the final assessment roll;

(iii) it is hereby declared that the 2019 Project will constitute a special benefit to all parcels of real property listed on the final assessment roll set forth in the Assessment Report and that the benefit, in the case of each such parcel, will be equal to or in excess of the special assessments thereon; and

(iv) it is desirable that the Assessments be paid and collected as herein provided.

SECTION 3. DEFINITIONS. Capitalized words and phrases used herein but not defined herein shall have the meaning given to them in the Report. In addition, the following words and phrases shall have the following meanings:

“Assessable Unit” means a building lot in the product type or lot size as set forth in the Assessment Report.

"Assessment" or “Assessments” means the special assessments imposed to repay the Series 2019 Bonds which are being issued to finance the construction and acquisition of the 2019 Project as described in the Assessment Report.

"Developer" means Lennar Homes, LLC, a Florida limited liability company, and its successors and assigns.

SECTION 4. AUTHORIZATION OF 2019 PROJECT. The 2019 Project described in Resolution 2019-30, as more specifically described by the plans and specifications therefor on file in the registered office of the District, is hereby authorized and approved and the proper officers, employees and agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be constructed or acquired following the issuance of Series 2019 Bonds referred to herein.

SECTION 5. ESTIMATED COST OF 2019 PROJECT. The total estimated costs of the 2019 Project, and the costs to be paid by the Assessments on all specially benefited property is set forth in the Assessment Report.

SECTION 6. EQUALIZATION, APPROVAL, CONFIRMATION AND LEVY OF ASSESSMENTS. The Assessments on the benefited parcels all as specified in the final assessment roll are hereby equalized, approved, confirmed and levied. Promptly following the adoption of this Resolution, those Assessments shall be recorded by the

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Secretary of the Board of the District in a special book, to be known as the "Improvement Lien Book." The Assessment or Assessments against the benefited parcels shown on such final assessment roll and interest and penalties thereon, as hereafter provided, shall be and shall remain a legal, valid and binding first lien on such benefited parcels until paid; such lien shall be coequal with the lien of all state, county, district and municipal taxes and special assessments, and superior in dignity to all other liens, titles, and claims (except for federal liens, titles, and claims).

SECTION 7. FINALIZATION OF ASSESSMENTS. When the 2019 Project has been constructed to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs to the District thereof, as required by Sections 170.08 and 170.09, Florida Statutes. In the event that the actual costs to the District for the 2019 Project is less than the amount assessed therefor, the District shall credit to each Assessment for the 2019 Project the proportionate difference between the Assessment as hereby made, approved and confirmed and the actual costs of the 2019 Project, as finally determined upon completion thereof. In no event, however, shall the final amount of any such Assessment exceed the amount originally assessed hereunder. In making such credits, no discount shall be granted or credit given for any part of the payee's proportionate share of any actual bond financing costs, such as capitalized interest, funded reserves or bond discount included in the estimated cost of the 2019 Project. Such credits shall be entered in the Improvement Lien Book. Once the final amount of the Assessments for all of the 2019 Project has been determined, the term "Assessment" shall mean the sum of the actual costs of the 2019 Project benefiting the benefited parcels plus financing costs.

SECTION 8. ALLOCATION OF ASSESSMENTS WITHIN THE BENEFITED PARCELS. Because it is contemplated that the land will be subdivided into lots to be used for the construction of residential units, and that such individual lots will be sold to numerous purchasers, the Board deems it desirable to establish a method for allocating the total Assessment among the various lots that will exist so that the amount so allocated to each lot will constitute an assessment against, and a lien upon, each such lot without further action by the Board.

The Board has been informed by the Developer that each lot of a particular product type as identified in the Assessment Report will be of approximately the same size as each other lot of the same product type. While it would be possible to allocate the Assessments among each lot of a particular product type on the basis of the square footage of each such lot, the Board does not believe that the special benefits afforded by the 2019 Project to each lot vary to any material degree due to comparatively minor variations in the square footage of each lot. Instead, the Board believes, and hereby finds, that based upon the Developer's present development plans, each lot of the same product type will be benefited equally by the 2019 Project, regardless of minor variations in the square footage of the lots.

If the Developer's plans change and the size of the Assessable Units vary to a degree such that it would be inequitable to levy Assessments in equal amounts against

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each Assessable Unit of the same product type, then the Board may, by a supplemental resolution, reallocate the Assessments against the Assessable Units on a more equitable basis and in doing so the Board may ignore minor variations among lots of substantially equal square footage; provided, however, that before adoption of any resolution the Board shall have obtained and filed with the trustee for the Series 2019 Bonds (herein, the “Trustee”): (i) an opinion of counsel acceptable to the District to the effect that the Assessments as reallocated were duly levied in accordance with applicable law, that the Assessments as reallocated, together with the interest and penalties, if any, thereon, will constitute a legal, valid and binding first lien on the Assessable Units as to which such Assessments were reallocated until paid in full, and that such lien is coequal with the lien of all state, county, district and municipal taxes and special assessments, and superior in dignity to all other liens, titles, and claims (except for federal liens, titles, and claims), whether then existing or thereafter created; and (ii) a certificate from the District's methodology consultant together with supporting schedule confirming that the aggregate cash flow from the reallocated Assessments is not less than the aggregate cash flow from the original Assessments.

If the Board reallocates Assessments as provided in the preceding paragraph, a certified copy of the supplemental resolution approving such reallocation shall be filed with the Trustee within 30 days after its adoption and a revised Assessment roll shall be prepared and shall be recorded in the Improvement Lien Book created pursuant hereto.

SECTION 9. PAYMENT OF ASSESSMENTS. At the end of the capitalized interest period referenced in the Assessment Report (if any), the Assessments for the Series 2019 Bonds shall be payable in substantially equal annual installments of principal and interest over a period of 30 years, in the principal amounts set forth in the Assessment Report, together with interest at the applicable coupon rate of the Series 2019 Bonds, such interest to be calculated on the basis of a 360 day year consisting of 12 months of thirty days each, plus the District's costs of collection and assumed discounts for Assessments paid in November; provided, however, that any owner of land (unless waived in writing by the owner or any prior owner and the same is recorded in the public records of the County) against which an Assessment has been levied may pay the entire principal balance of such Assessment without interest at any time within thirty days after the 2019 Project have been completed and the Board has adopted a resolution accepting the 2019 Project as provided by section 170.09, Florida Statutes. Further, after the completion and acceptance of the 2019 Project or prior to completion and acceptance to the extent the right to prepay without interest has been previously waived, any owner of land against which an Assessment has been levied may pay the principal balance of such Assessment, in whole or in part at any time, if there is also paid an amount equal to the interest that would otherwise be due on such balance to the earlier of the next succeeding Series 2019 Bond payment date, which is at least 45 days after the date of payment.

SECTION 10. PAYMENT OF SERIES 2019 BONDS; REFUNDS FOR OVERPAYMENT. Upon payment of all of the principal and interest on the Series 2019 Bonds secured by the Assessments, the Assessments theretofore securing the Series 2019 Bonds shall no longer be levied by the District. If, for any reason, Assessments are

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overpaid or excess Assessments are collected, or if, after repayment of the Series 2019 Bonds the Trustee makes payment to the District of excess amounts held by it for payment of the Series 2019 Bonds, such overpayment or excess amount or amounts shall be refunded to the person or entity who paid the Assessment.

SECTION 11. PENALTIES, CHARGES, DISCOUNTS, AND COLLECTION PROCEDURES. The Assessments shall be subject to a penalty at a rate of one percent (1%) per month if not paid when due under the provisions of Florida Statutes, Chapter 170 or the corresponding provisions of subsequent law. However, for platted and developed lots, the District anticipates using the "uniform method for the levy, collection and enforcement of non-ad valorem assessment" as provided by Florida Statutes, Chapter 197 for the collection of the Assessments for the Series 2019 Bonds. Accordingly, the Assessments for the Series 2019 Bonds, shall be subject to all collection provisions to which non-ad valorem assessments must be subject in order to qualify for collection pursuant to Florida Statutes, Chapter 197, as such provisions now exist and as they may exist from time to time hereafter in Chapter 197 or in the corresponding provision of subsequent laws. Without limiting the foregoing, at the present time such collection provisions include provisions relating to discount for early payment, prepayment by installment method, deferred payment, penalty for delinquent payment, and issuance and sale of tax certificates and tax deeds for non-payment. With respect to the Assessments levied against any parcels owned by the Developer, the District may invoice and collect such Assessments directly from the Developer and not pursuant to Chapter 197. Any Assessments that are directly collected by the District shall be due and payable to the District at least 30 days prior to the next Series 2019 Bond payment date of each year.

SECTION 12. CONFIRMATION OF INTENTION TO ISSUE SPECIAL ASSESSMENT BONDS. The Board hereby confirms its intention to issue the Series 2019 Bonds, to provide funds, pending receipt of the Assessments, to pay all or a portion of the cost of the 2019 Project assessed against the specially benefited property.

SECTION 13. SEVERABILITY. If any Section or part of a Section of this Resolution be declared invalid or unconstitutional, the validity, force and effect of any other Section or part of a Section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other Section or part of a Section of this Resolution is wholly or necessarily dependent upon the Section or part of a Section so held to be invalid or unconstitutional.

SECTION 14. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed.

EFFECTIVE DATE. This Resolution shall become effective upon its adoption.

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PASSED AND ADOPTED this 29th day of July, 2019.

Attest: Copperspring Community Development District

Matthew Huber Kelly Evans Assistant Secretary Chair of the Board of Supervisors

Exhibit “A” – District Engineer’s Report dated April 2019 Exhibit “B” – Master Special Assessment Allocation Report, dated April 19, 2019

{00078581.DOCX/3} Page 7 of 6 Tab 4 Copperspring CDD Landscape Bids Summary 07-2019

General Irrigation Total Contract Landscape Fertilization - Pt Pest Control - Mulch Installation - Pt 5 Annual Installation - Pt 6 Maintenance - Amount Maintenance - 2 Pt 3 (NIC) (NIC) Pt 4 Pt 1 Total Pts 1 - 4 $/Yr $/Yr $/Yr $/Yr $/Yr CY Mini Pine Bark $/Yr Plants

Down to Earth $101,209.96 $82,600.00 $3,895.74 $4,290.42 $10,423.80 $12,595.00 229 CY @ $55.00 TBD TBD

1st Annual Renewal $104,246.30

2nd Annual Renewal $107,377.38

First YR PTS 1-6 $312,833.64

Fieldstone $96,196.10 $72,147.30 $11,062.59 $2,404.91 $10,581.30 $18,000.00 400 CY @ $45.00 TBD TBD

1st Annual Renewal $96,196.10

2nd Annual Renewal $96,196.10

First YR PTS 1-6 $288,588.30

RedTree $86,700.00 $45,900.00 $17,850.00 $12,750.00 $10,200.00 $33,000.00 600 CY @ $55.00 TBD TBD

1st Annual Renewal $89,301.00

2nd Annual Renewal $91,980.00

First YR PTS 1-6 $267,981.00

6/26/19

Dear Copperspring CDD:

We would like to thank you for the opportunity to bid the landscape maintenance for Copperspring CDD. Down to Earth has been in business for more than 30 years, and we pride ourselves in providing our clients a superior service that enhances the beauty of their property. We understand the standards required for a property of this magnitude and stature. We value the work we perform and keeping our client happy with our services. We would do everything possible to make sure we far exceed your expectations.

There are many reasons Down To Earth should be your first choice for landscape management services. Our high standard and attention to detail will insure you are receiving the best services available. Our communication alone stands above the rest and provides you a sound and recorded report of all services rendered in your community. Our proactive/preventative approach, and warranty after inception of the property, provides you peace of mind that your landscaping needs are being managed properly. We worry about your landscape, so you don’t have to! We currently maintain several communities of this size and stature and welcome you to review our workmanship at any of them. Because of our experience working for many large-scale communities, we feel turnover of the property would run smoothly and efficiently without compromise.

We take great care to ensure that your property will be maintained to the high standards that you expect. To achieve this, we have proposed a specifically tailored plan to ensure you get the best services available. Below, we have outlined a few innovative processes in which we feel will help make the transition and quality control at Copperspring CDD works smoothly for all of us.

1. DTE Service-DTE understands the importance of communication and having qualified personnel providing you landscape maintenance services. We will have a dedicated crew(s) onsite for 52 weeks a year. Please also see our maintenance schedule plan for Copperspring CDD that has been included in this package. This includes our Mowing Schedule, Shrub Maintenance Schedule, Fert/Pest Schedule, Mulch Schedule, & all Tree Trimming Schedule for Copperspring CDD. 2. Reports-We feel we are a little different than our competition in providing a proactive approach to maintenance services. We will provide Copperspring CDD a customized schedule of services for all 52 weeks of the year (sample attached), and detailed reports included in each month’s bill. Please call any of our references to discuss our “take the initiative” attitude. 3. Communication-DTE has a 1-day turn-around time for all correspondence. Should an issue arise on your property, you can call or email any of our key personnel and we will respond before the end of the day! All our managers and technicians have email access via their phones, and most have laptops in their vehicles. 4. IssueTrak Customer Service System-DTE gives your homeowners the ability to communicate directly with DTE staff via our Customer Care Tab on our website and our Customer Care Email work order system called IssueTrak. This allows your homeowners to report issues, ask questions, and let us know how we are performing on their property. They can expect a response on all inquiries within (2) business days (48 hours) or less. (See example submitted) 5. Work Orders-Any work orders that are issued to us will be addressed within one (1) business day (24 hours) or less.

Down to Earth is dedicated to making sure that the transition is an easy process for Copperspring CDD. Our reputation and repeat clients prove we are the right company for you. We urge you to call the references listed in the proceeding descriptions so that they can explain the type of positive impact Down to Earth will have for Copperspring CDD. We thank you for your consideration and look forward to working with you!!

Respectfully, Michael Mosler II Managing Partner 321-239-4005 [email protected]

Down To Earth Company Credentials Corporate Headquarters 27185 CR 448A Mount Dora, Florida 32757 . Total Revenue o Projected *2019 – $120+ Million o 2018 – $105 Million o 2017 – $55 Million o 2016 – $44 Million o 2015 – $42 Million o 2014 – $39 Million

. 3 Separate Full Divisions o Landscape – Landscape and Irrigation Construction and Installation o Lawn Care - Landscape Maintenance, Irrigation, Fertilization and Pest Control. o Golf – Golf Course Maintenance and Construction

. 9 Branches throughout the state of Florida o Mount Dora, Florida o Sarasota, Florida o The Villages, Florida o Lake Nona, Florida o Kissimmee, Florida o Jacksonville, Florida o Tampa, Florida o Naples, Florida o Melbourne, Florida

. 1400+ Employees o Certified State Licensed Irrigation Contractor o Certified State Licensed General Contractor o Certified Golf Course Superintendents o Certified State Licensed Pest Control Operators o Certified RainBird Maxicom Employees o Certified Arborists o Certified Horticulturists o Certified Employees in Maintenance of Traffic o On staff mechanics (certified diesel mechanics, certified 2 cycle mechanics)

. 350+ Employee Vehicles o Maintenance/Construction Trucks/ Irrigation Vans (Managers/Crews) o Large Semi-Trucks, Goose Neck Trucks, Equipment Repair Trucks

Landscape Maintenance Projects and Reference

The Villages Community Development District Kings Ridge Master Association & HOA 1894 Laurel Manor Dr. 1900 Kings Ridge Blvd. The Villages, FL 32162 Clermont, FL John Olters-352-266-1483 C/O Leland Management Co. [email protected] Kim Myers-407-721-9664 Time: Various properties for 15-20 years [email protected] Value: $5,600,000.00 Time: February, 2011 - Present Along with providing 100% of all commercial landscape installation projects, we Value: $950,000.00 also provide full service landscape We offer full service landscape maintenance, irrigation, fertilization & pest maintenance, irrigation, and fertilization/pest control for many areas control of the master association and subdivisions consisting of 500+ homes. throughout The Villages. Areas of service include: recreation centers, roadways, townhomes, villas, golf courses, along with many other common areas. Heritage Hills 3195 Heritage Hills Blvd, Lakewood Ranch Community Development Districts 1, 2, 4, 5, Clermont, Florida 34711 & 6 C/O Icon Management 8175 Lakewood Ranch Boulevard Mick Toscano – 858-351-8069 Lakewood Ranch, FL 34202 [email protected] Steve Lakey-941-907-4106 Time: August, 2014 - Present [email protected] Value: $1,100,000.00 Time: January, 2012-Present We offer full service landscape maintenance, irrigation, fertilization & pest Value: $2,300,000.00 control of the master association and all subdivision of 700+ homes. We offer full service landscape maintenance, irrigation, and fertilization & pest control services for districts 1,2,4,5, & 6. We highly recommend you call to hear Southshore Falls about the instant impact we can have on your community, as well as learn about 5815 Sunset Falls Dr., the smooth transition process when working with Down To Earth. Apollo Beach, Florida 33572 C/O Castle Group Orange Lake Resort/Holiday Inn Club Donna Weber – 813-641-3616 8505 W. Irlo Bronson Memorial Hwy [email protected] Time: March, 2015 - Present Kissimmee, FL 34747 Value: $1,000,000.00 Don Rausch – 407-905-5826 We offer full service landscape maintenance, irrigation, fertilization & pest [email protected] control of the master association and all subdivision of 850+ homes. Time: 15+ years

Value: $2,500,000.00 We have performed all landscape installation and design build projects since the Stoneybrook South/ChampionsGate inception of Orange Lake. Along with landscape installation work for over 15 1403 Moon Valley Drive ChampionsGate, Florida 33896 years, we also continue to provide landscape maintenance services for common C/O Icon Management areas, roadways, villas, and clubhouse. Mick Toscano – 858-351-8069

[email protected] Village Walk at Lake Nona Time: January, 2013 - Present HOA President Value: $1,250,000.00 8524 Insular Lane, We offer full service landscape maintenance, irrigation, fertilization & pest Orlando, Florida 32827 control of the master association and all subdivision of 700+ homes. Tom Rose – 740-525-0913 [email protected] Time: May, 2014 - Present Independence HOA 14123 Pleach Street, Winter Garden, Florida 34787 Value: $2,300,000.00 C/O First Service Residential We offer full service landscape maintenance, irrigation, fertilization & pest Kristina Morant- 407-654-7479 control of the master association and all subdivision of 1200+ homes. [email protected]

Time: January, 2010 - Present

Value: $750,000.00

We offer full service landscape maintenance, irrigation, fertilization & pest

control of all the common areas throughout the community as well as 200+ townhomes.

Licenses/Certifications

STATE OF FLORIDA STATE OF FLORIDA FertilizationDEPARTMENT OF BUSINESS AND PROFESSIONAL Pest ControlDEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION REGULATION

CERTIFIED GENERAL CONTRACTOR CERTIFIED IRRIGATION CONTRACTOR

CGC1523147 ISSUED: 04/14/2015 SCC131151493 ISSUED: 06/18/2014

NOWOTNY, JOHN CHARLES NOWOTNY, JOHN CHARLES DOWN TO EARTH LANDSCAPE, LLC DOWN TO EARTH LANDSCAPE, LLC

IS CERTIFIED under the provisions of Ch.489 FS. IS CERTIFIED under the provisions of Ch.489 FS. Expiration date: AUG 31, 2020 L1504140000467 Expiration date: AUG 31, 2020 L1405180001551

STATE OF FLORIDA STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES SERVICES BUREAU OF LICENSING AND ENFORCEMENT BUREAU OF LICENSING AND ENFORCEMENT

Date File No. Expires Date File No. Expires July 14, 2015 JF9270 June 1, 2019 January 2, 2015 LF227987 December 31, 2019

THE CERTIFIED PEST CONTROL OPERATOR NAMED BELOW HAS THE LTD COMMERCIAL FERTILIZER APPLICATOR HOLDER REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF THE PERIOD EXPIRING: June 1, 2019 CHAPTER 482 FOR THE PERIOD EXPIRING: December 31, 2019

BRUCE WARSAW BRUCE WARSAW 900 BISHOP DRIVE Lawn and Ornamental 900 BISHOP DRIVE ALTAMONTE SPRINGS, FL 32701 ALTAMONTE SPRINGS, FL 32701

STATE OF GEORGIA INTERNATIONAL SOCIETY OF ARBORCULTURE ABRAHAM BALDWIN AGRICULTURAL COLLEGE CERTIFIED ARBORIST

ASSOCIATE OF APPLIED SCIENCE IN ENVIRONMENTAL RONALD H. HUGHES HORTICULTURE TECHNOLOGY DOWN TO EARTH LAWN CARE II, INC.

TRAVIS CHRISTOPHER ANDERSON Date Cert. Number Expires DOWN TO EARTH LAWN CARE II, INC. July 28, 2005 FL-6761A December 31, 2019

Completion Date HAVING SUCCESSFULLY COMPLETED THE REQUIREMENTS SET BY THE ARBORIST CERTIFICATION BOARD OF THE INTERNATIONAL SOCIETY OF July 28, 2005 ARBORICULTURE, THE ABOVE NAME IS HEREBY RECOGNIZED AS AN

ISA CERTIFIED ARBORIST

Disaster & Storm Relief Protocol

Down To Earth understands the unpredictability of weather. Over the past 30 years while Down To Earth has been in business, there have been many occasions where we have offered immediate disaster and storm relief to our clients. Down To Earth’s extensive manpower and equipment in Central and Southwest Florida allows us to act quickly and address any issues efficiently and in a timely manner.

In addition to our current maintenance staff throughout Central and Southwest Florida, we also have our roaming Quality Control Crews that are available at any time to restore your property to pre-disaster condition. Furthermore, if necessary, our Landscape & Irrigation Installation Division employees are working in Central and Southwest Florida year-round and can always offer supplemental help. Not only is manpower essential in these types of situations, but having the necessary equipment plays just as large of a role. We understand that certain equipment is important to have attainable at any given time, which is why we always make sure to have a certain number of loaders/machines available for these unpredictable events.

Our track record over the years has proven that we will do anything necessary to eliminate the amount of stress caused to our clients in these situations. Furthermore, Down to Earth also will take every preventative measure possible to lessen the impact of a disaster. Some of these measures are pre-storm tree trimming and removal of loose debris to avoid wind damage. When a hurricane threatens or a disaster strikes, you can count on Down to Earth to keep your property beautiful and operating smoothly.

Normal Labor Rates to prepare or clean up (Monday -Friday) -$35 per hour Overtime Labor rates to prepare or clean up (Weekends) -$45 per hour Holiday Labor Rate to prepare or clean up (Holidays) -$70 per hour

**Any preparation material or replacement material will be billed separately**

Down To Earth Organization

Managing Partner – Oversee the entire Down To Earth team throughout the state of Michael Mosler II Florida. Asst. Director of Operations – Direct support administratively and operationally for JC Nowotny the DTE Team throughout the state of Florida. Administrative Support – Direct support for all invoicing and billing questions or Leah Cottrell issues. Business Development – Oversee the Estimating Department and Contracts for the Kyle Nursey DTE Team throughout the state of Florida. Southwest Florida Operations Manager – Direct operations support for the South John Amarosa West DTE team. Central Florida Operations Manager – Direct Operations support for the Central Justin Martinjak Florida DTE team. Central Florida Operations Manager – Direct Operations support for the Central Chris Marquess Florida DTE team. Central Florida Operations Manager – Direct Operations support for the Central Ronnie Hughes Florida DTE team. Central Florida Operations Manager – Direct Operations support for the Central Chris Skersick Florida DTE team. The Villages Operations Manager – Direct Operations support for The Village’s DTE Bruce Warsaw team. Irrigation Operations Manager – Oversees all irrigation technician’s inspections, Shane Parrish repairs, and reports. IPM Operations Manager – Manage all technicians and coordinate all fertilizer and Mark Singleton pest control operations for DTE. The Village’s Construction Manager – Oversee all construction and installation work John English for The Village’s. Central Florida Construction Manager – Oversee all construction and installation Troy Tomes work for Central Florida.

Kris Chambrot Director of Golf Operations – Oversee all golf course operations.

Detailed Maintenance Procedures/Techniques

Mowing Down to Earth uses size specific mowers for each turf variety and area based on site conditions. For small residential areas we will use commercial 21” – 36” mowers to eliminate ruts and improve aesthetics. For larger more open areas we will use 48” – 72” mowers. We also use alternating mow patterns to ensure the finest quality of turf with minimal ware from the mowers. *DTE also trains its personnel to take special care not to damage plant material or property while mowing and also prevent clippings from discharging into bodies of water or landscaping mulch beds and tree rings.

Edging Down to Earth uses mechanical edger’s during all mow cycles for all hardscapes and all landscape bed edges to maintain its design intent and clean, crisp bed lines and tree rings.

String Trimming Down to Earth uses mechanical string trimmers during all mow cycles around all obstacles the mowers cannot service. We also string trim around the edge of all waterways during each mow cycle if the weather and site conditions allow this to be completed safely.

Blowing Down to Earth uses mechanical mowers after each mow cycle and detail cycle to clean the serviced areas. All DTE personnel has been trained the proper method to carefully blow clippings away from Residential Lanais and Garage door openings to avoid unwanted debris in these areas. We also take special care not to blow debris into parked vehicles, moving traffic, personnel property, landscape beds or other hardscape surfaces.

Shrub Detailing Down to Earth is experienced in dealing with large maintenance free communities. We create a detailed map of the service areas and divide this map into color coded detail sections. These sections will then be on a detail rotation with the specific detail crew assigned for each area. There are techniques that can be implemented to ensure proper timing of shrub detailing so that the plants thrive throughout the year. One method that Down to Earth typically implements is the use of trimming shrubs by species, time of the year, and site conditions. This is based on weekly inspections by our licensed expert horticulturists Down to Earth has on staff and the landscape consultant. DTE also trains all detail staff members proper pruning techniques. The detail staff members have been trained to only use hand pruners or loppers on trees and specific shrubs. Hand shears will be only used for formal shrubs. DTE only uses power shears as directed by the owner or owner’s representative.

Tree Pruning Tree pruning is necessary for the beautification of the property and also essential to allow proper growth of the tree itself. Down to Earth implements a precise technique that is individualized for each tree variety and timing based on the required specifications. DTE will trim trees up to 12’ of height per specifications to provide clearance for pedestrians, vehicles, mowers, and buildings. DTE will also maintain clearance from shrubs in bed areas and also to improve visibility where is safety is a concern from obstructions. DTE will provide an extra service proposal for Pruning above 12’ heights.

Weed Control Down to Earth uses trained personnel to focus on weed control. These individuals have been instructed and certified to apply the chemicals safely and properly based on weather and site conditions. We apply pre and post emergent chemicals if applicable along with hand pulling all weeds larger than 3” inches. Paver driveways and concrete crack weeds are also sprayed or removed during each detail rotation or as needed.

Fertilization Down to Earth ensures the use of proper fertilization techniques by State licensed expert professionals so that the landscape of every community is of the highest caliber. All fertilizers applied will be based on the contract specifications for each turf, shrub, or palm variety after confirming soil conditions and the test results. Down To Earth will insure the irrigation system is functioning before any applications are provided.

Insect and Pest Control Insect and pests can play a detrimental role in ruining the landscape of a community. Down to Earth takes pride in taking great preventative measures to make sure that trees, plants, and turf are not compromised by a preventable disease or infestation. Down To Earth conducts inspections of all the landscape looking for the presence of insect and disease activity. If insect and disease activity is found DTE performs the necessary treatments, reports the issues, and conducts follow up treatments as necessary.

Annuals The Annual Flower tends to become the focal point of the landscape when present in a community. With this being the case, it is one of Down to Earth's first priorities to make sure that the Annual Flower remain in a quality condition so that it enhances the beauty of the landscape for residents. If required, Down to Earth will also use a 1" thick layer of Pine Fines at the top of all annual bedding during every rotation to enhance the aesthetics of landscape. Down to Earth uses an 8-10" triangular spacing between annuals pending the variety selected to ensure proper growth while still creating a full continuous bed of annuals. It is Down to Earth policy to annually excavate the existing soil before the spring installation for all annual beds and replace the area with new amended soil. This is vital for the Flowers so they can thrive in a nutrient rich environment. As soil begins to settle over time it can become difficult for the root system of the Annual Flower to penetrate to find nutrients. To solve this issue, it has become Down to Earth common practice to till the entire bed during every annual rotation and install granular slow release fertilizer and granular systemic fungicide. Once installed, DTE applies additional fertilizer, fungicide, and insecticide as needed.

Mulching When installed properly mulch can enhance the beauty of a landscape quickly and efficiently. Down to Earth uses proper mulching techniques to ensure a thick and consistent 2" layer of mulch throughout the property. It is important to have a professional installation of mulch, so that the grade of the landscape beds remain smooth as well as to not have any areas with bare ground showing. To insure this, areas will be prepared by removing all foreign debris and excess mulch material and ensure a define uniform edge to all bed lines and tree rings.

Irrigation Irrigation is the most vital procedures to ensure a healthy-looking landscape year-round. This is precisely why Down to Earth takes such great measures to employ the most knowledgeable and experienced managers and technicians possible. Our certified personnel can manage watering schedules by using local weather stations that report ET (evapotranspiration). Our staff will report all findings with detailed reports for the system for each POC, controller, and each Zone within the property. Our staff is also trained and certified to repair all irrigation systems from mainline repairs to controller repairs. Our technicians will conduct monthly inspections and repairs to ensure the operating system is functioning properly. All reports will be submitted monthly to the management staff.

2019 Company Equipment List

TCM Loaders 20 Stihl Short Trimmers 225

Trenchers 14 Stihl Medium Trimmers 300

Skidsteer 2 Stihl Long Trimmers 375

Tractor with Bushhog 6 Stihl Pole Saw 120

Tractor with Disk 2 Vortex Blower 38

Toro Side Winder 3 John Deere Gators (2 Seat) 38

Service Truck 3 John Deere Gators (4 Seat) 15

Large Truck with Gooseneck Trailer 5 John Deere Gator Spray Unit (Fert/Pest) 23

Sodcutter 15 Water Truck 3

Roller 2 Golf Cart 60

Semi with Drop Trailer 3 GMC/Chevy 2500 Extra Cab 89

Dump Trailer with Large Leaf Vacuum 2 GMC/Chevy 1500 Crew Cab 35

Dump Trucks 3 GMC/Chevy Van 12

Large Isuzu Truck with Landscape Bed 3 8' Open Trailer 48

John Deere 21" Commercial Mower 60 20’ Open Trailer 45

John Deere 36" Commercial Mower 53 Enclosed Trailer 98

John Deere 48” Stand Up Mower 15 “Z” Sprays (Fert/Pest) 14

John Deere 60” Commercial Mower 225 Dump Trailer 23

John Deere 72” Commercial Mower 128 Water Trailer 6

Hustler 104" Commercial Mower 3 PSI Washer 30

Stihl Edgers 375 Auger’s/Tiller’s for Annual Beds 30

Stihl Weedeaters 375 Smithco Sprayer (Fert/Pest) 15

Stihl Backpack Blowers 600 8' Ladders 113

Pull Behind Buffalo Blower 23 Leaf Vacuum 5

Customer Service (IssueTrak)

Down To Earth Safety Plan

6/26/19

Dear Copperspring CDD:

Down To Earth understands safety is the number one goal for you and our employees. All DTE personnel will wear the necessary personal protective equipment in the performance of their duties to include reflective, high visibility safety vests, protective eye wear or face shields, respiratory protection as necessary, gloves and protective clothing.

DTE personnel will adhere to all local, state and federal safety guidelines and observe all safety precautions when performing services on property, roadways and rights-of-way to include safe location of parked vehicles, use of safety cones, signage, flag personnel as necessary, use of reflective, high visibility safety vests on all personnel and vehicles which are clearly identifiable.

All DTE personnel will wear ANSI Class III approved reflective safety vests anytime work is being performed on property within road right-of-way. DTE will provide appropriate Maintenance of Traffic (MOT) per FDOT specification when personnel and equipment will be conducting work in or around traffic or pedestrians. In addition, Any DTE employees working within 3 feet of any traffic shall have a personal flag stake.

DTE will have basic and intermediate level FDOT MOT Certified staff on each maintenance crew. DTE will ensure all landscaping will be maintained in a manner that allows clear passage of vehicles and pedestrians which provides open visibility where necessary for safety and does not obstruct lighting.

Respectfully,

Michael Mosler II Managing Partner Work - (352) 385-7227 Cell - (321) 239-4005 [email protected] www.down2earthinc.com

Safety/Training Program & Traffic Control

Down To Earth understands that proper employee training is essential when ensuring that your property is maintained to the highest level. We go through several steps with new employees to make sure that they are qualified to perform landscape duties up to Down To Earth’s standards. We strive to hire employees with extensive experience within the landscape industry. Along with background knowledge, we expect all employees to be hard working, detail oriented, friendly, and efficient. Furthermore, we realize that the safety of our employees and our clients are of the utmost importance. We implement a safety training program and strictly enforce the proper traffic control items to ensure that Down To Earth employees are working in a safe environment.

• Hiring Program o Mandatory drug screening prior to employment – zero tolerance policy. o Each employee upon hiring is given a two-week training period to make sure they know basic landscape maintenance techniques and can operate machinery properly.

• Safety Training Program o Down To Earth employees are Maintenance of Traffic (MOT) Certified o Each employee will watch a mandatory video on preventing injuries in the work place. o Use of safety uniforms, vests, hats, glasses, and earplugs are strictly enforced. o Equipment use – training program showing the correct way to operate machinery and tools necessary for day to day activities on the job. o All Fertilizer/Pest Control Applicators must take the Florida Best Management Practices Class as well as stay up to date on their CEU’s.

• Preventative Maintenance Program o Weekly toolbox talks to review the correct maintenance procedures and inspect current equipment. o Clean equipment daily as well as sharpen mower blades and service equipment to ensure proper working order.

• Traffic Control Program o Reflective & highly visible uniforms. o Traffic cone & barricade placement procedures. o Traffic directional sign placement procedures. o Work in progress signs. o Equipment safety indication signals (lights & reflectors). o Personal Flag Stake

• Required Safety Items List for each Crew o Orange Cones (All Crews) o Safety Glasses (Company Provided) o Orange Triangles (All Mowers/Equipment) o Work Gloves o Strobe Lights (All Vehicles/Carts) o Hearing Protection (Company Provided) o “Men Working” Signs (Roadway Crews) o Steel Toe Boots o “Mower Ahead” Signs (Roadway Crews) o Hard Hats (Company Provided when Required) o Arrow Message Boards (Roadway Crews) o FDOT Training/Certifications (Mandatory for all o Fire Extinguisher (All Crews) Staff) o First Aid Kit (All Crews) o MOT Training/Certifications (Mandatory for all o Safety Vests ANSI Class III (Company Provided) Staff)

Employee General Safety Rules

. Report an injury to your employer/supervisor immediately. . Report any observed unsafe condition to your employer/supervisor. . Horseplay is prohibited at all times. . The drinking of alcoholic beverages is not permitted on the job. Any employee discovered under the influence of alcohol or drugs will not be permitted to work. . If you do not have current First Aid Training, do not move or treat an injured person unless there is an immediate peril, such as profuse bleeding or stoppage of breathing. . Appropriate Down To Earth uniform must be worn on the job at all times. . Where there exists the hazard of falling objects, an approved hard hat must be worn. . You should not perform any task unless you are trained to do so and are aware of the hazards associated with that task. . You may be assigned certain personal protective safety equipment. This equipment should be available for use on the job, be maintained in good condition, and worn when required. . Learn safe work practices. When in doubt about performing a task safely, contact your supervisor for instruction and training. . The riding of a hoist hook, or on other equipment not designed for such purposes, is prohibited at all times. . Never remove or by-pass safety devices. . Do not approach operating machinery from the blind side; let the operator see you. . Learn where fire extinguishers and first aid kits are located. . Maintain a general condition of good housekeeping in all work areas at all times. . Obey all traffic regulations when operating vehicles on public highways. . When operating or riding in company vehicles or using your personal vehicle for business purposes, the vehicle’s seatbelt shall be worn. . Be alert to hazards that could affect you and your co-employees. . Obey safety signs and tags. . Always perform your assigned task in a safe and proper manner; do not take shortcuts. The taking of shortcuts and the ignoring of established safety rules is a leading cause of employee injury.

I certify that I have read and understand and will abide by the above listed safety rules. Failure to do so may be grounds for termination and may disqualify my insurance benefits.

Applicant’s Signature: ______

Date: ______

Frost Protection Protocol

Down To Earth understands the unpredictability of weather. Over the past 30 years while Down To Earth has been in business, there have been many occasions where we have offered immediate frost protection to our clients. Down To Earth’s extensive manpower and equipment in Central Florida allows us to act quickly and address any issues efficiently and in a timely manner.

In addition to our current maintenance staff throughout Central Florida, we also have our roaming Quality Control Crews that are available at any time to prepare your property for frost protection. Furthermore, if necessary, our Landscape & Irrigation Installation Division employees are working in Central Florida year-round and can always offer supplemental help. Not only is manpower essential in these types of situations, but having the necessary equipment plays just as large of a role.

Our track record over the years has proven that we will do anything necessary to eliminate the amount of stress caused to our clients in these situations. Furthermore, Down to Earth also will take every preventative measure possible to lessen the impact of frost damage.

Normal Labor Rates to install or remove frost cloth (Monday-Friday) - $35 per hour Overtime Labor Rates to install or remove frost cloth (Weekends) - $45 per hour Holiday Labor Rate to install or remove frost cloth (Holidays) - $70 per hour

*Frost Cloth Material will be billed based on the required amount to protect plant material*

Community Development District Landscape Maintenance Projects

The Villages Community Development District 85+ Maintained Neighborhoods, Common Areas and Recreation Areas The Villages, Florida

Narcoossee Community Development District La Vina, Nona Crest, and Preserve Lake Nona, Orlando, Florida

Storey Park Community Development District Orlando, Florida

Lakewood Ranch Community Development Districts 1,2,4,5 & 6 Bradenton, Florida

Sumter Landing Community Development District The Villages, Florida

Windsor at Westside Community Development District Orlando, Florida

Shingle Creek Community Development District Orlando, Florida

Stoneybrook South Community Development District Kissimmee, Florida

Sawgrass Bay Community Development District Clermont, Florida

Highlands Community Development District Wimauma, Florida

Forest Brooke Community Development District Wimauma, Florida

Community Development District Landscape Maintenance Projects

Lakewood Ranch Community Development Districts 1,2,4,5 & 6 Bradenton, Florida

Harrison Ranch Community Development District Parrish, Florida

Seven Oaks Community Development District Wesley Chapel, Florida

Estancia at Wiregrass Community Development District Wesley Chapel, Florida

Country Walk Community Development District Wesley Chapel, Florida

Cordoba Ranch Community Development District Lutz, Florida

Asturia Community Development District Odessa, Florida

Cory Lake Community Development District Tampa, Florida

Pine Ridge Community Development District Middleburg, Florida

Durbin Crossings Community Development District Orange Park, Florida

Down To Earth W9 Form

Down To Earth Certificate of Liability

Down To Earth Workers’ Compensation Form

Lawn and Ornamental Monthly Report

Irrigation Monthly Report

Fertilization and Pest Control Program

J.C. Nowotny Assistant Director of Operations Cell - (321) 356-9728 E-Mail - [email protected]

Qualifications . 16+ years’ experience of Landscape, Irrigation, and Golf for Commercial and Residential Construction and Development. 8+ years Management Experience . Knowledge of AutoCAD, Interpreting Blueprints and Various Stages of construction and design. . State of Florida Licensed General Contractor (CGC1523147) . State of Florida Licensed Irrigation Contractor (SCC131151493) . Irrigation Association – Certified Landscape Irrigation Auditor (CLIA) . Irrigation Association – Certified Golf Irrigation Auditor (CGIA) . Irrigation Association– Certified Irrigation Contractor (CIC) . FNGLA - Certified Horticulture Professional (FCHP) . FNGLA - Certified Landscape Technician (FCLT) . FNGLA - Certified Landscape Contractor (FCLC) . ISA – Arborist Certification . Certified Florida Water Star installer for Landscape and Irrigation. . IMOT – 16-hour class training completion “FloridaSafety.ORG” . EPA Water Sense Partner . Completion of Certified Training for Green Industries Best Management Practices (BMP) . Certified RainBird Maxicom installer and controller . RainBird Maxicom and RainBird Site Control Experience including initial field construction and installation, trouble shooting and repair, complete site data set-up, and Central Control Monitoring. . Field experience with Trimble (GPS) and software (GPS Asbuilts), Ground Penetrating Radar (GPR), Wire Toning (Ditch Witch), and Ultrasonic Flow Meters (Porta-Flow) . Certified Journeyman Electrician- FL# BL3971 . Installation experience for Mainline, Pump Stations, Recharge and Wet Wells, Reverse Osmosis Systems, Valves, Laterals, Point of Connections, Flow Meters, Controllers, and Weather Stations. . Experience Pipe Installation, including ½ inch through 18-inch, Schedule 40, Class 200, Class 900, Ductile Iron, and HDPE. . Various Heavy Equipment Operation Skills with Caterpillar Certification . Strong Work Ethic with the Ability to Multi-Task . Superior Communication Skills- Oral, Written, and Electronic . Computer Knowledge- Word, Excel, Outlook, AutoCAD, GPS, Netsuite, Quickbooks

Work Experience (July 2012–Present) Down To Earth (Mount Dora, Florida) Title - Assistant Director of Operations . Primary responsibilities consist of daily operations for Landscape, Golf, and Irrigation construction and maintenance operations for Florida for 1,100+ employees including Business Development, estimating, and client relationships.

(2009–2012) Masuen Consulting LLC (Oakland Park, Florida) Title - Technical Services Consultant . Primary responsibilities consist of Landscape and Irrigation construction observation, inspections, and management, GPS As-Builts and working with clients investigating field problems and determining solutions.

(April 2004-May 2008) Ginn Development Company (Celebration, FL) Assistant Manager . Primary responsibilities consist of commercial construction of developments and golf courses installing the Master Distribution Irrigation Systems (RainBird Maxicom and RainBird Site Control). Projects include: Reunion, Bella Collina, Tesoro, Conservatory, and Ginn Sur Mer (Bahamas). These projects entail supervision of crews up to 24 employees.

January 1996-April 2004 Southern Atlantic Electric Jacksonville, FL Commercial Journeyman Electrician . Primary responsibilities consist of new electrical construction. Projects include: University of North Florida, Mayport Naval station, Public Schools, Office buildings, and Hospital Facilities.

Education (1994-1995) University of North Florida (Jacksonville, Florida) Courses for Bachelor’s Degree - not complete . Business Administration

(1993-1994) Embry Riddle Aeronautical University (Daytona, Florida) Courses for Bachelor’s Degree - not complete . Business Administration

(1993-1991) Central Florida Community College (Ocala, Florida) Associates Degree - completed . Business Administration

Mark Singleton IPM Department Manager Cell - (352) 246-0853 E-Mail - [email protected]

Qualifications . 15 years’ experience of Commercial, Residential, and Golf IPM . Department of Agriculture and Consumer Services, ID# JE111173 . 10+ years Management Experience . Awarded TruGreen Orlando Route Manager of the Year 2003 . Certified for Florida Green Industries Best Management Practices

Work Experience (2013- Present) Down to Earth LLC (Mount Dora, Florida) Title- Fertilizer and Pest Control Manager . Oversee the implementation of Down to Earth’s Lawn and Ornamental program . Lead and support multiple Lawn and Ornamental Specialist . Insure the safe and accurate application of fertilizers, insect, disease, and weed control products . Partner closely with clients, property managers, HOA’s, and residents to exceed expectations . Utilize Green Industries Best Management Practices by creating strong interdepartmental relationships to reduce chemical applications through IPM . Collaborate with Client management to ensure specifications of contracts are met or exceeded . Create and adjust programs based on specific needs of properties . Inspect completed applications to ensure conformance with specifications and company standards

(2001-2013) TruGreen ChemLawn (Orlando, Florida) Title- Commercial Lawn and Ornamental Specialist . Managed over 275 high profile commercial accounts . Mixed and applied insecticides, herbicides, and fertilizers based on label and program specifications . Maintained commercial lawn care equipment and ensured proper calibration . Performed high level applications to a wide range of turf and ornamental landscapes.

Summary of Qualifications Exceptional leader, with 15 years of lawn and ornamental knowledge as well as a widespread range of experience in Project Management and Client relations. Respected by peers as a strategic thinker, servant leader and effective communicator. Experienced in networking and building strong professional relationships. Proven ability to manage large and complex projects while maintaining high team morale and energy. Skilled mentor and mediator who excels at developing others and bringing out the best in team members.

Shane Parrish Director of Irrigation Cell - (321) 228-3353 E-Mail – [email protected]

Qualifications . 18+ Years of irrigation and landscaping experience. . Knowledge of AutoCAD, Interpreting Blueprints and Various Stages of construction and design. . Certified RainBird Maxicom installer and controller . RainBird Maxicom and RainBird Site Control Experience including initial field construction and installation, trouble shooting and repair, complete site data set-up, and Central Control Monitoring. . CLIA – Certified Landscape Irrigation Auditor . Certified Toro Osmac . Certified Baseline Contractor . Certified RainBird and Hunter 2 Wire Install/ Troubleshoot . Installation experience for Mainline, Pump Stations, Recharge and Wet Wells, Reverse Osmosis Systems, Valves, Laterals, Point of Connections, Flow Meters, Controllers, and Weather Stations. . Experience Pipe Installation, including ½ inch through 18 inch, Schedule 40, Class 200, Class 900, Ductile Iron, and HDPE. . Various Heavy Equipment Operation Skills with Caterpillar Certification . Strong Work Ethic with the Ability to Multi-Task . Superior Communication Skills- Oral, Written, and Electronic . Computer Knowledge- Word, Excel, Outlook, AutoCAD, GPS, NetSuite

Work Experience (January 2004-Present) Down To Earth (Mount Dora, Florida) Title – Director of Irrigation . Primary responsibilities consist of daily operations for Irrigation. Oversee all irrigation branches for the whole company. Manage 30+ employees. Create high level proposals for re-vamps or new construction. Time keeping and billing for irrigation department. Working with Account Managers to solve all of their irrigation needs.

(1998-2004) Valley Crest Landscape Title – Irrigation Specialist . Primary responsibilities consist of irrigation inspections and trouble shooting. Creating proposals for extra work. Programming and managing water for specific jobs.

Education (1992-1994) Valencia College Courses for AA Degree . Psychology

Ronald I. Hughes Operations Manager Cell - (321) 202-4548 E-Mail - [email protected]

Qualifications . 13+ Years Management Experience in the Landscape Maintenance Industry . International Society of Arboriculture: o Certified Arborist . ID# FL-6761A (Certified since August 18, 2015) . Department of Agriculture and Consumer Services o Certified Pest Control Operator . ID# JF209318 (Certified since October 3, 2013)

Work Experience (August 2010- Present) Down to Earth LLC (Mount Dora, Florida) Title- Project Manager / Pest Control Manager . Currently overseeing 20+ properties in Central Florida for both District and Commercial property management. . Overseeing fertilizer and pest control applications on a daily basis. . Provided all maintenance billing on a monthly basis. . Managed Lakewood Ranch in Sarasota from 2012-2014 . Provided all billing responsibility for the property. . Completed work orders for the client and residents on a weekly basis. . Responsible for ordering all chemicals and fertilizers from 2011-2012 . Keep track of chemical usage for each property . Inspect each property to determine which products to use . Coordinate and instruct each technician on treatments to be performed . Provide chemical usage and labor performed to assist in billing . Promoted from technician to pest control manager within 9 months of service

(February 2001-2010) TruGreen Lawncare (Orlando, Florida) Title- Service Manager . Oversee the daily operation of the residential department . Responsible for accomplishing daily, weekly, and monthly revenue goals . Initiated sales events to acquire new residential accounts . Promoted from technician to manager after 5 years of service . Received Technician of the Year Award in 2006

Education (2005-2008) Valencia Community College (Orlando, Florida) Associates in Arts Degree - General Studies

Justin Martinjak Operations Manager Cell - (813) 394-4071 E-Mail – [email protected]

Qualifications . 10+ Years Management Experience in the Golf and Landscape Maintenance Industry . Florida Green Industries: o Certified Best Management Practices . ID# GV33411-1 . Department of Agriculture and Consumer Services o Turf and Ornamental Restricted Use Pesticide Applicator License . ID# CM19561

Work Experience (July 2018-Present) Down to Earth (Mount Dora, Florida) Title- Operations Manager . Currently overseeing 8+ properties in Southwest Florida for both District and Commercial Property Management. . Responsible for accomplishing daily, weekly, and monthly revenue goals. . Overseeing fertilizer and pest control applications daily. . Provide all maintenance billing monthly. . Complete work orders for the client and residents daily.

(June 2015- June 2018) Davey Management based at Silver Dollar Golf Club (Tampa, Florida) Title- Superintendent . Oversaw the daily operation of 27-hole facility . Aided employees with technical, operational and safety coaching. . Completed irrigation controller conversion in 2016. . Oversaw all chemical applications in compliance with state regulations.

(March 2013- May 2018) Davey Management based at Silver Dollar Golf Club (Tampa, Florida) Title- Superintendent . Oversaw the daily operation of 18-hole facility . Aided employees with technical, operational and safety coaching. . Completed insurance projects and new property bidding process. . Oversaw all chemical applications in compliance with state regulations.

Education Indian River State College (Fort Pierce, Florida) Associates in Arts Degree – Golf Course Operations

John Amarosa Operations Manager Cell - (941) 525-4886 E-Mail - [email protected]

Qualifications . 22 years’ experience of Commercial and Residential, Landscape Installation . 20+ years Management Experience . Experienced with High-End Landscape Design . Certified State of Florida Pest Control Operator; plus Aquatics . State of Florida Best Management Practices Certified . Pinellas County Best Management Practices Certified . Member of Florida Turf Grass Association . Various Management courses including: Leadership, teambuilding, conflict resolution – through Inside Out Development as well as VCU

Work Experience (2019-Present) Down to Earth (Mount Dora, Florida) Title- Operations Manager . Currently oversees properties in Southwest Florida for both District and Commercial Property Management. . Responsible for accomplishing daily, weekly, and monthly revenue goals. . Overseeing fertilizer and pest control applications daily. . Provide all maintenance billing monthly. . Complete work orders for the client and residents daily.

(2015- 2019) AMERISCAPE SERVICES INC (Tampa, FL) Title- Operations Manager, Corporate Office . Responsible for full P&L Management for Division with Gross Revenue exceeding $9M. . Responsibilities to create organizational structure/processes both operational and administratively. . Instrumental in increasing revenues from 5.5 to 15m in 3.5 years while maintaining gm at 57% . Expanding from 1-3 branches in 3 years. . Implemented new operating software over last 2 years. . Key Initiatives- Hiring, Teambuilding, Strategic Planning, Forecasting as well as profit sharing incentive programs

(2007- 2015) ValleyCrest Landscape Maintenance (Tampa, FL) Title - Branch Manager, West Tampa Branch . Responsible for full P&L Management for West Tamp Branch with Annual Gross Revenue exceeding $7M. . Responsible for all daily activities for up to 100 employees, in all divisions, with several direct report account managers. . Managed multiple branch site locations with up to four at once from Pinellas to Hernando counties. . Responsible for all company metric targets annually, customer service, retention, growth goals, safety rates, etc. . Integral part of team that built revenue in Tampa Bay from $5M to $40M . Grew branch net profit from 9% to 18% . Received company top 5 branch award in customer satisfaction three times, with retention rates year on year above 90%. . Received company branch incentives for exceeding budget profit targets 7 years. . Instrumental role in acquisition successful transition of Raymow/Nanaks and all their employees, fleet, and customers for the Tampa bay area

(2002- 2007) ValleyCrest Landscape Maintenance, (Tampa, FL) Title- Account Manager, Brandon Branch . Managed all aspects of a book of business up to $2M . Face of the company for over 100 customers, listed on company Honor Roll for Customer Service Excellence for three years. . Sold over $1M remedial and enhancement work in one fiscal year.

(1997- 2002) Green Bandit Inc. (Tampa, Florida) Title- Operations Manager . Meet with, interact with customers, walk jobs for quality control and develop proposals . Identified sales target for new maintenance customers . Managed and scheduled all departments daily for a roughly 800k operation. . Helped develop a safety, PM, and employee incentive programs

Education and Certifications University of South Florida, Tampa FL . Bachelors of Arts Degree

PROJECT MANUAL FOR

THE INFORMAL

INVITATION FOR QUOTE

FOR

EXTERIOR LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES

FOR

COPPERSPRING CDD

Date of Issue: June 21, 2019 Due Date / Time: July 5, 2019 at 9:00am PROJECT MANUAL TABLE OF CONTENTS

1. Invitation for Quote ......

2. Instructions to Vendors......

3 Quote Forms......

4 Qualification Statement Table of Contents......

5 Quoting Contractor Qualification Statement......

6 Proposed Landscape Maintenance Agreement......

7 Exhibit "A" - Landscape Maintenance Scope and Specifications......

8 Exhibit "B" – Maintenance Map......

9 Exhibit “C” Additional Services Order Form………………………………… INFORMAL INVITATION FOR QUOTE EXTERIOR LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES FOR COPPERSPRING CDD

Pasco County, Florida

Notice is hereby given that Copperspring CDD (the “CDD”) will accept quotes from all qualified companies interested in providing landscape and irrigation maintenance services. These quotes are being requested through an informal process that does NOT include most provisions provided in a formal Request for Quote.

Firms desiring to submit quotes must submit one (1) original and (1) electronic copy (on CD or memory stick) of the required quote packages no later than July 5, 2019 at 9:00 a.m. (EST) at Rizzetta & Co. 5844 Old Pasco Rd Wesley Chapel, Florida 33544 Attention: Matthew E. Huber, District Manager.

Quotes shall be submitted in a sealed package, shall bear the name of the vendor on the outside of the package and shall clearly identify the project as “RESPONSE TO INVITATION FOR QUOTE (Copperspring CDD – Exterior Landscape and Irrigation Maintenance Services) ENCLOSED” Quotes may be either mailed or hand-delivered. No facsimile, telephonic, electronic, or telegraphic submittals will be accepted. Quotes received after the scheduled date and time for submittal will not be considered, but can be claimed by the firm within ten (10) calendar days of the submittal deadline or, if not retrieved within the aforementioned timeframe, may be destroyed by the CDD. There will be no public opening of the quotes.

If reasonable accommodations are needed for participation in any meeting related to this IFQ, please call the District Manager, Matthew E. Huber, at (813) 994-1001 at least forty-eight hours in advance to make arrangements.

The CDD reserves the right to accept or reject any or all quotes in its sole and absolute discretion, whether or not reasonable, either with or without cause, to waive technical errors and informality, to postpone the award of the contract, to elect not to proceed with the subject award process and to accept a quote or portion of a quote, which in its judgment best serves the CDD.

Any and all questions relative to this request for quotes shall be directed in writing only to District Manager, Matthew E. Huber, [email protected] . COPPERSPRING CDD INFORMAL INVITATION FOR QUOTES

Exterior Landscape and Irrigation Maintenance Services Pasco County, Florida

Instructions to Vendors

SECTION 1. DUE DATE AND MANDATORY PRE-SUBMISSION MEETING. Firms desiring to submit quotes must submit one (1) original and (1) electronic copy (on CD or memory stick). of the required quote package, no later than July 5, 2019 at 9:00 a.m. (EST) at 5844 Old Pasco Rd Wesley Chapel Florida 33544, Attention: Matthew E. Huber. Quotes for the CDD work shall be submitted in a sealed package shall bear the name of the firm on the outside of the package, and shall clearly identify the project as “Copperspring CDD Landscape and Irrigation Maintenance Services.” Quotes may be either mailed or hand-delivered. Quotes received after the time and date stated above will not be considered. Any quote not completed as specified or missing the required quote documents may be disqualified at the CDD's discretion. Firms submit their quotes on a voluntary basis and therefore are not entitled to compensation of any kind. The CDD shall not be obligated or be liable for any costs incurred by quoting firm prior to issuance of a contract. All costs to prepare and submit a response to this IFQ shall be borne by the quoting firm.

SECTION 2. SIGNATURE ON QUOTE. The quoting firm must execute all CDD forms, affidavits, and acknowledgments for which signature and notary blocks are provided. If the quote is made by an individual, that person’s name and business address shall be shown. If made by a partnership, the name and business address of an authorized member of the firm or partnership shall be shown. If made by a corporation, the person signing the quote shall show the name of the state under the laws of which the corporation was chartered. In addition, the quote shall bear the seal of the corporation. Anyone signing the quote as agent shall file with the quote legal evidence of his/her authority to do so. All quotes must be completed in ink or typewritten. No erasures are permitted. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it. Corrections must be initialed by the person signing the quote.

SECTION 3. FAMILIARITY WITH THE PROJECT. Before submitting an CDD quote, the quoting firm shall carefully read the scope and specifications and fully inform itself as to all existing conditions and limitations. Submitting a quote is a certification by the quoting firm that the quoting firm is familiar with the scope and specifications as well as all areas where work is to be performed. No additional compensation or relief from any obligations of the contract agreement will be granted because of lack of knowledge of the site or conditions under which the contemplated work will be performed.

SECTION 4. FAMILIARITY WITH THE LAW. By submitting a quote, the quoting firm is assumed to be familiar with the CDD’s operating rules and procedures, as well as all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the provision of the requested services. Ignorance on the part of the quoting firm will in no way relieve it from responsibility to provide the services and fulfill such other obligations covered under the quote in compliance with all such laws, ordinances and regulations.

SECTION 5. QUALIFICATIONS OF QUOTING FIRM. The CDD contract, if awarded, will only be awarded to a responsible quoting firm who is qualified and has the ability to provide the services specified herein, at the sole and absolute discretion of the CDD. The quoting firm shall submit with its quote satisfactory evidence of a history of fulfillment of similar contracts and show that it is fully prepared with the necessary organization, personnel, capital, and equipment to provide the specified services.

SECTION 6. COLLUSION. Quoting firm shall be disqualified and their quotes rejected if the CDD has reason to believe that collusion may exist among the quoting firms, the quoting firm has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

SECTION 7. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Project Manual are to be directed in writing only to Matthew E. Huber, via e-mail at [email protected]. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda, faxed, mailed, or otherwise delivered to all parties recorded as having received the Project Manual/Quote Packet. No interpretations will be given verbally. All questions and answers will be distributed to all quoting companies by the end of the business day on July 1, 2019. No inquiries will be accepted from subcontractors; the quoting firm shall be responsible for all queries.

SECTION 8. SUBMISSION OF QUOTE. Submit one (1) original and one (1) electronic copy (on CD or memory stick) of the quote forms for the CDD, along with other requested attachments, at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the project title and name and address of the quoting firm and accompanied by the required documents. If the quote is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with a notation “RESPONSE TO INVITATION FOR QUOTE (Copperspring CDD – Exterior Landscape and Irrigation Maintenance Services) ENCLOSED” on the face of it. Quoting firms are solely responsible for ensuring the timely and secure delivery of its quote and all related documents regarding this IFQ.

SECTION 9 MODIFICATIONS AND WITHDRAWAL. Quotes may be modified or withdrawn by an appropriate document duly executed and delivered to the place where quotes are to be submitted at any time prior to the time and date the quotes are due.

SECTION 10. PROJECT MANUAL. The Quote Packet/Project Manual, including scope of work for the CDD, will be available beginning “TBD” at the office of Rizzetta & Company, Inc., at 5844 Old Pasco Rd Wesley Chapel, Florida 33544.

SECTION 11. QUOTE FORMS. All blanks on the quote forms must be completed in ink or typewritten. In making its quote, each quoting firm represents that it has read and understands the Quote Packet/Project Manual and that the quote is made in accordance therewith, including verification of the contents of the Quote Packet/Project Manual. Failure to supply any requested information and submit fully completed forms may result in disqualification. The CDD reserves the right to request additional information if clarification is necessary.

SECTION 12. BASIS OF AWARD/RIGHT TO REJECT. The CDD reserves the right to reject any and all quotes in its sole and absolute discretion, whether or not reasonable, make modifications to the scope of work, and waive any informalities or irregularities in the quotes as it is deemed in the best interest of the CDD up until such time as a contract has been fully executed by both parties.

SECTION 13. CONTRACT AWARD AND SERVICE AGREEMENT TERM. Within fourteen (14) days of receipt of the Notice of Award of the CDD contract, or as otherwise extended by the CDD, the quoting firm shall enter into and execute a contract agreement. If a quoting firm to whom an CDD contract is awarded forfeits and fails to execute a contract agreement within the aforementioned timeframe, the contract award may be annulled at the CDD’s option. If the award is annulled, the CDD may, at its sole discretion, award the contract to the next highest ranked quoting firm, re-advertise, perform the work by day/temporary labor, or through in-house operations. The CDD and the selected contractor (“Contractor”) will execute a contract for the CDD work for a term of one (1) year with the option to renew for two (2) additional one (1) year periods. Upon expiration or termination of any existing contract for landscape maintenance services, Contractor, if requested by the CDD, agrees to perform the services on a month-to-month basis until either party has provided the other party written notice of its election to renew or terminate the contract agreement. This IFQ does not guarantee that a contract will be awarded. The CDD reserves the exclusive right to reject any and all quotes. The CDD reserves the right to award by items, groups of items, or total quote.

SECTION 14. CHANGES/MODIFICATIONS. The CDD reserves the right to order changes in its scope of work and resulting contract. The successful quoting firm has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the Contractor. Price adjustments will be based on the prices proposed by the Contractor in response to this solicitation. Any contract resulting from this solicitation may be modified upon written and mutual consent of both parties.

SECTION 15. INSURANCE. All quoting firms shall include as part of their quote a current Certificate of Insurance demonstrating the firm’s insurance coverage. In the event the quoting firm is notified of award for the CDD work, it shall provide proof of the Insurance Coverage requested, further identifying the CDD, its officers, employees, and agents as additional insureds, as more specifically to be stated in the contract to be executed, within fourteen (14) calendar days after notification, or within such approved extended period as may be granted. Failure to provide proof of insurance coverage shall constitute a default and the CDD may proceed as referenced in Section Thirteen (13) above.

SECTION 16. INDEMNIFICATION. The successful quoting firm for the CDD work shall fully indemnify, defend, and hold harmless the CDD and its officers, agents, and employees from and against all claims, damages, costs, and losses arising, in whole or in part, as more fully set forth in the contract to be executed.

SECTION 17. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of the CDD's limitations on liability contained in the Florida Statutes, or other applicable statute or law.

SECTION 18. MISCELLANEOUS. All quotes shall include the following information in addition to any other requirements of the Quote Packet/Project Manual:

A. Narrative description of the firm’s approach to providing the services as described in the scope of services provided herein.

B. Completed price proposal (forms attached). C. List position or title, corporate responsibilities, and number of years of experience of key management or supervisory personnel (forms attached as part of Contractor’s Qualification Statement). Include résumés for each person listed; list number of years of experience in present position for each person listed and years of related experience.

D. Describe proposed staffing levels. Include information on current operations, administrative, maintenance and management staffing of both a professional and technical nature, including résumés for staff at or above the Project Manager level. Include a staffing plan depicting quantity of laborers, crew chiefs, field managers, as well as work hours and days spent on the property.

E. Three (3) references from projects of similar size and scope. The firm should include information relating to the work it conducted for each reference, as well as a name, address, and phone number of a contact person.

F. Information related to other projects of similar size and scope which firm has provided, or is currently providing, landscape maintenance services (forms attached as part of Contractor’s Qualification Statement).

G. A copy of firm’s insurance certificate indicating the types of coverage and limits for general, property, automobile liability insurance, and worker’s compensation insurance. Copy of firm’s financial statement.

H. Completed copies of all other forms included within the Project Manual.

I. Completed proposal pricing. Unit costs for mulch and annuals, including installation, should be provided, but not included in the contract amount as these services shall be rendered at the discretion of the CDD’s Board of Supervisors.

SECTION 19. EVALUATION OF QUOTES. The quotes shall be evaluated based on the criteria decided by the Board of Supervisors at their designated meeting. Quotes may be held for a period not to exceed one hundred twenty (120) days from the date of quote opening for the purposes of reviewing the quotes and investigating the qualifications of the quoting firms, prior to executing a contract agreement. During this time, all provisions of the submitted quote must be in effect, including pricing. The CDD may visit the quoting firm’s facilities as part of the evaluation process.

SECTION 20. BLACK OUT PERIOD/CONE OF SILENCE. The blackout period is defined as between the time the Invitation for Quotes is issued and the time the CDD awards the contract. During this black out period, any attempt by a firm or its representatives to influence the thinking of CDD staff or officials related to this IFQ, in person, by mail, by facsimile, by telephone, by electronic mail, or by any other means of communication, will result in disqualification of the firm from consideration for award and/or contract under this IFQ. This does not apply to pre- solicitation conferences, contract negotiations, or communications with CDD staff not concerning this IFQ. SECTION 21. PRICING. Quoting firms shall submit their price information on the supplied forms with all blank spaces completed. Quoting firms shall also sign the required forms. Each line item shall be clearly stated and cover all charges including incidental expenses, applicable taxes, insurance, overhead and profit. Quoting firms will not be allowed to make any substitutions in materials, quantities or frequencies during the quote process. Quoting firms shall guarantee that their pricing shall not increase throughout the term of the contract agreement executed.

SECTION 22. REFERENCE TERMS. Any headings in this document are for the purposes of reference only and shall not limit or otherwise affect the meaning thereof. Any reference to gender shall be construed to include all genders, firms, partnerships and corporations. References in the singular shall be construed to include the plural and references in the plural shall be construed to include the singular. Any reference to the “CDD” shall be construed to refer to the Copperspring CDD and the CDD shall be the legislative authority for all matters concerning the CDD and the CDD’s resulting contract.

SECTION 23. ADDITIONAL TERMS AND CONDITIONS. No additional terms and conditions included with the quote response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to the quote. If submitted either purposefully through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this quote and the quoting firm’s authorized signature affixed to the quote attests to this.

QUOTE FORM FOR EXTERIOR LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES FOR

COPPERSPRING CDD

TO BE SUBMITTED TO:

COPPERSPRING CDD c/o Matthew E. Huber, District Manager on or before July 5, 2019. 9:00 a.m. (EST)

TO: Copperspring CDD

FROM: ______RedTree Landscape Systems LLC (Quoting Company)

In accordance with the Invitation for Quote for Exterior Landscape and Irrigation Maintenance for Copperspring CDD the undersigned proposes to provide all services as described in the detailed Scope and/or Specifications for the CDD.

All Quotes shall be in accordance with the Quote Packet/Project Manual.

ACKNOWLEDGEMENTS

The undersigned acknowledges, by the below execution of this quote, that all information provided herein has been provided in full and that such information is truthful and accurate. The quoting firm agrees through submission of this quote to honor all pricing information for one hundred twenty (120) days from the date of the quote opening and, if awarded the CDD Contract on the basis of this quote, to enter into a contract agreement within fourteen (14) days after receiving notice of the award. Quoting firm understands that inclusion of false, deceptive or fraudulent statements of this quote constitutes fraud and that the CDD considers such action on the part of the quoting firm to constitute good cause for denial, suspension or revocation of a quote.

The undersigned hereby authorize(s) and request(s) any person, firm or corporation to furnish any pertinent information requested by the CDD and/or its authorized agents, deemed necessary to verify the statements made in this quote or attachments hereto, or regarding the ability, standing and general reputation of the quoting firm.

The undersigned further acknowledges the receipt of the Quote Packet/Project Manual and all Quote Documents related thereto. COPPERSPRING CDD EXTERIOR LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES QUOTE FORM

I, ______Peter Lucadano representing ______RedTree Landscape Systems (“Quoting Firm”), agree to furnish the services required in the scope/specifications at the following prices:

I. Annual Contract Quote Amount:

A. Annual Total $______86,700.00 (Contract Total - Parts 1 thru 4)

NAME OF QUOTING FIRM: ______RedTree Landscape Systems, LLC

ADDRESS: ______5532 Auld Lane, Holiday, FL 34690

PHONE: ______727-919-3915 FAX: ______727-992-2298

SIGNATURE: ______

PRINTED NAME: ______Peter Lucadano

TITLE: ______CEO

DATE: ______July 5, 2019 QUALIFICATION STATEMENT

TABLE OF CONTENTS

QUALIFICATION STATEMENT

LISTING OF CORPORATE OFFICERS

AFFIDAVIT FOR INDIVIDUAL

AFFIDAVIT FOR PARTNERSHIP

AFFIDAVIT FOR CORPORATION

SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES COPPERSPRING CDD

QUOTING FIRM’S QUALIFICATION STATEMENT EXTERIOR LANDSCAPE AND IRRIGATION MAINTENANCE SERVICES

RedTree Landscape Systems, LLC

(Name of Quoting Firm) COPPERSPRING CDD QUOTING FIRM QUALIFICATION STATEMENT

1. Quoting Firm: RedTree Landscape Systems, LLC /_/ A Partnership [Company Name] /_/X A Corporation /_/ A Subsidiary Corporation

2. Parent Company Name: RedTree Landscape Systems, LLC

3. Parent Company Address:

Street Address 5532 Auld Lane, Holiday, FL 34690

P.O. Box (if any)

City Holiday State FL Zip Code 34690

Telephone 727-919-3915 Fax no. ______727-992-2298

1st Contact Name Peter Lucadano Title CEO

2nd Contact Name David Lucadano Title President

4. Quoting Firm Address (if different):

Street Address

P. O. Box (if any)

City State Zip Code

Telephone Fax no. ______

1st Contact Name Title

2nd Contact Name Title

5. List the location of the office from which the Quoting Firm would provide services to the CDD.

Street Address 5532 Auld Lane

City Holiday State FL Zip Code 34690

Telephone 727-919-3915 Fax No. 727-992-2298

1st Contract Name Peter Lucadano Title CEO 6. Is the Quoting Firm incorporated in the State of Florida? Yes ( X ) No ( )

6.1 If yes, provide the following:

• Is the Quoting Firm in good standing with the Florida Department of State, Division of Corporations? Yes (X ) No ( )

If no, please explain

• Date incorporated ______12/5/17 Charter No. 82-3591450

6.2 If no, provide the following:

• The state with whom the Quoting Firm is incorporated?

• Is the Quoting Firm in good standing with that state? Yes ( ) No ( )

If no, please explain ______

• Date incorporated ______Charter No.

• Is the Quoting Firm authorized to do business in the State of Florida? Yes ( ) No ( )

6.3 If Quoting Firm is not incorporated; please identify the type of business entity (i.e.: Limited Liability Company, Partnership, etc.) and the number of years Quoting Firm has been in the business of providing landscape services.

______

7. Has the Quoting Firm provided services for a CDD or similar community previously? Yes ( X ) No ( )

7.1 If yes, provide the following on a separate page: • Number of contracts Quoting Firm has executed with CDDs and/or similar communities during the past five (5) years and the names of the entities as well as the length of the contract and whether each such community is still a current client. (Noted in responses listed in Items 15 and 16).

8. List the Quoting Firm's total annual dollar value of comparable contracts for each of the last three (3) years starting with the latest year and ending with the most current year

(12)______,$1.2MM (13) ______,$2.5MM (14) ______.$3.6MM 9. What are the Quoting Firm's current insurance limits? General Liability $______2MM Automobile Liability $______1 MM Umbrella Coverage $______n/a Workers Compensation $______500K Expiration Date ______6/29/20

10. Please state whether or not the Quoting Firm or any of its affiliates are presently barred or suspended from bidding or contracting on any state, local, or federal contracts in any state(s)? Yes ( ) No ( X ) If so, state the name(s) of the company(ies)

The state(s) where barred or suspended State the period(s) of debarment or suspension

11. Has the Quoting Firm ever failed to fulfill its obligations under any contract awarded to it? Yes _____ No _____X If so, where and why?

12. Has any officer or partner of the Quoting Firm ever been an officer, partner, or owner of some other organization that has failed to fulfill job duties or otherwise complete a contract? Yes ( ) No (X ) If so, state name of individual, other organization and reason therefore.

13. List any and all litigation to which the Quoting Firm or any of its affiliates has been a party in the last five (5) years. n/a

______

14. Has the Quoting Firm or any of its affiliates ever been either disqualified or denied prequalification status by a governmental entity? If so, discuss the circumstances surrounding such denial or disqualification as well as the date thereof. ______NO 15. List five (5) current clients, including contact persons and telephone numbers, as well as their contract value and length of service: Trinity Master: 5 yrs / $400K / Dan Aldridge - (727) 942-2595 Preserve at Wilderness Lake CDD : 1 yr / $180K / Tish Dobson - (813) 995-2437 Heather Lake: 4 yrs / $65K / Mary Hadnott - (727) 364-3689 Arborwood at Summertree: 2 yrs / $144K / Sandy Dahlen (727) 277-1147 Arbor Chase: 2 years / $102 K / Joseph Boldiga - (727) 366-2049

16. List three (3) jobs (including company, contact person, and telephone number) lost in the previous twelve (12) months and the reason(s) why: ______Spring Lake CDD - Greg Meath: (813) 917-3810 - Turnover committee / mgmt. co ______Peachtree - Andrew Schmidt: (727) 503-7311 - Difficult President ______

17. List irrigation technicians and include number of years of experience: ______John Moylan - 15 years ______Freddy Baker - 12 years ______Karl Verdejo - 2 years

18. Attach current financial statements, prepared within the last one hundred eighty (180) days, showing current financial resources, liabilities, capital equipment and historical financial performance for the past one year.

19. Attach any certifications or documentation regarding educational experience of key personnel that would assist the CDD in evaluating the quality and experience of such personnel.

20. Key Personnel: Describe any experience of the principal individuals (foremen, superintendents, etc.) who are responsible for the actual landscape and irrigation maintenance work of your organization and who will be assigned to this contract if awarded to contractor.

Simon Corona Grounds Maintenance Supervisor Name Position Mow & Detail 25 3 Type of Work Yrs. Experience Yrs. With Firm

John Moylan Irrigation Manager Name Position Irrigation 15 2 Type of Work Yrs. Experience Yrs. With Firm

Benjamin Garland Pest Control Technician Name Position Pest Control & Fertilization 8 3 Type of Work Yrs. Experience Yrs. With Firm Juan Flores Landscape Construction Supervisor Name Position Landscape Installation 18 3 Type of Work Yrs. Experience Yrs. With Firm

Martin Flores Arbor Care Supervisor Name Position Tree Pruning & Removal 18 3 Type of Work Yrs. Experience Yrs. With Firm

The undersigned hereby authorize(s) and request(s) any person, firm or corporation to furnish any pertinent information requested by the CDD or its authorized agents, deemed necessary to verify the statements made in this document or documents attached hereto, or necessary to determine whether the CDD should consider the Quoting Firm for award under this IFQ, including such matters as the Quoting Firm’s ability, standing, integrity, quality of performance, efficiency and general reputation.

RedTree Landscape Systems LLC By: Name of Quoting Firm Peter Lucadano - CEO [Type Name and Title of Person Signing]

This ______day of ______, 2019.

STATE OF FLORIDA COUNTY OF ______PASCO

The foregoing instrument was acknowledged before me on this ______day of ______, 2019, by ______, as ______of ______, a ______. He or she is ( ) personally known to me; or ( ) has produced______, as identification.

SWORN to and subscribed before me this ______day of ______, 2019.

______Signature of Notary Public

______Printed name of Notary Public CORPORATE OFFICERS

Company Name REDTREE LANDSCAPE SYSTEMS Date ______JULY 5, 2019

Provide the following information for Officers of the Proposer and parent company, if any.

CORPORATE INDIVIDUAL’S RESIDENCE NAME OF PROPOSER POSITION OR TITLE RESPONSIBILITIES CITY, STATE Peter Lucadano CEO Operations & Finance New Port Richey, FL

FOR PARENT COMPANY (if applicable) COMPANY OWNED MAJOR EQUIPMENT (Attach additional sheets if necessary)

Company Name Date

No. LOCATED IN QUANTITY DESCRIPTION CAPACITY FLORIDA OTHER 12 Ford F-450 Dump Trucks 15 yards X

2 Ford F700 Dump Trucks 20 yards X

3 Ford Transit Irrigation Vans X

4 Ford F 250 Pickup Trucks X

1 Ford F450 Pest Control Truck X

1 Ford F700 Tree Truck X 1 Aerial Device X

1 Chipper X 1 Stump Grinder X 30 Ex-Mark Commercial Lawn Mowers X

5 John Deere Commercial Lawn Mowers X

4 John Deere Gators X

145 2-Cycle Equipment X (This page left blank intentionally) AFFIDAVIT FOR INDIVIDUAL

State of ss:

County of

Peter Lucadano , being duly sworn, deposes and says that the statements and answers to the questions concerning the qualification statement and corporate officers contained herein are correct and true as of this date; and that he/she understands that intentional inclusion of false, deceptive or fraudulent statements on this statement constitutes fraud; and will be considered such action on the part of the Quoting Firm to constitute good cause for rejecting Quoting Firm’s quote.

______(Quoting Firm must also sign here)

STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me on this ______day of ______, 2019, by ______, as ______of ______, a ______. He or she is ( ) personally known to me; or ( ) has produced______, as identification.

SWORN to and subscribed before me this ______day of ______, 2019.

______Signature of Notary Public

______Printed name of Notary Public AFFIDAVIT FOR PARTNERSHIP

State of ss:

County of

______, is a member of the firm of ______, being duly sworn, deposes and says that the statements and answers to the questions concerning the qualification statement and corporate officers are correct and true as of the date of this affidavit; and, that he/she understands that intentional inclusion of false, deceptive or fraudulent statements on this statement constitutes fraud; and such action on the part of the Quoting Firm will be considered to constitute good cause for rejecting Quoting Firm’s quote.

(Signature of a General Partner is Required)

STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me on this ______day of ______, 2019, by ______, as ______of ______, a ______. He or she is ( ) personally known to me; or ( ) has produced______, as identification.

SWORN to and subscribed before me this ______day of ______, 2019.

______Signature of Notary Public

______Printed name of Notary Public AFFIDAVIT FOR CORPORATION

State of ss:

County of

(title) of the

(a corporation described herein) being duly sworn, deposes and says that the statements and answers to the questions in the foregoing concerning the qualification statement and corporate officers are correct and true as of the date of this affidavit; and, that he/she understands that intentional inclusion of false, deceptive or fraudulent statements in this statement constitutes fraud; and such action on the part of the Quoting Firm will be considered good cause for rejection of Quoting Firm’s quote.

(Officer must also sign here)

CORPORATE SEAL

STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me on this ______day of ______, 2019, by ______, as ______of ______, a ______. He or she is ( ) personally known to me; or ( ) has produced______, as identification.

SWORN to and subscribed before me this ______day of ______, 2019.

______Signature of Notary Public

______Printed name of Notary Public SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES

THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.

1. This sworn statement is submitted to Copperspring CDD.

2. This sworn statement is submitted by RedTree Landscape Systems LLC (Print Name of Entity Submitting Sworn Statement) whose business address is 5532 Auld Lane, Holiday, FL

and (if applicable) its Federal Employer Identification Number (FEIN) is 82-3591450

(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .)

3. My name is Peter Lucadano and my relationship to the

entity named above is owner / CEO .

4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

6. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means:

A) A predecessor or successor of a person convicted of a public entity crime; or,

B) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

7. I understand that a "person" as defined in Paragraph 287.133(1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

8. Based on information and belief, the statement, which I have marked below, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.)

X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity, have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity, has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies):

There has been a proceeding concerning the conviction before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.)

The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before an Administrative Law Judge of the State of Florida, Division of Administrative Hearings. The final order entered by the Administrative Law Judge determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.)

The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of Management Services.) Date:

STATE OF FLORIDA COUNTY OF ______

The foregoing instrument was acknowledged before me on this ______day of ______, 2019, by ______, as ______of ______, a ______. He or she is ( ) personally known to me; or ( ) has produced______, as identification.

SWORN to and subscribed before me this ______day of ______, 2019.

______Signature of Notary Public

______Printed name of Notary Public COPPERSPRING CDD LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT

THIS AGREEMENT (“Agreement”) is made and entered into this ___ day of ______, 2019, by and between:

Copperspring CDD, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Pasco County, Florida, and having offices at c/o Rizzetta & Company, Inc., 5844 Old Pasco Road, Suite 100, Wesley Chapel, Florida 33544 (“CDD”); and

RedTree______. Landscape Systems, a ______Florida corporation, with a mailing address of ______5532 Auld Lane, Holiday, FL 34690 (the “Contractor,” and collectively with the CDD, the “Parties”).

RECITALS

WHEREAS, the CDD was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including landscaping and irrigation; and

WHEREAS, the CDD has a need to retain an independent contractor to provide, for certain lands within the CDD, certain landscape and irrigation maintenance services; and

WHEREAS, Contractor desires to provide such services, and represents that it is qualified to do so in accordance with its proposal submitted to the CDD;

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the CDD to perform in accordance with the following covenants and conditions, which both the CDD and the Contractor have agreed upon:

1. INCORPORATION OF RECITALS. The recitals stated above are true and correct and are incorporated by reference as a material part of this Agreement.

2. SCOPE OF SERVICES. The Contractor shall provide the services described in the Scope of Services attached hereto as EXHIBIT A and for the areas identified in the Landscape Maintenance Areas Exhibit attached hereto as EXHIBIT B (“Work”). The Contractor agrees that the Landscape Maintenance Areas Exhibit attached hereto as EXHIBIT B is the CDD’s best estimate of the CDD’s landscape needs, but that other areas may also include landscaping that requires maintenance. The Contractor agrees that the CDD may, in its discretion, add up to 0.5 acre(s) of landscaping area to the Work, with no adjustment to price. The Contractor shall perform the Work consistent with the presently established, high quality standards of the CDD, and shall assign such staff as may be required for coordinating, expediting, and controlling all aspects of the Work. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the CDD. Notwithstanding any other provision of this Agreement, the CDD reserves the right in its discretion to remove from this Agreement any portion of the Work and to separately contract for such services. In the event that the CDD contracts with a third party to install certain landscaping or to otherwise perform services that might otherwise constitute a portion of the Work, Contractor agrees that it will be responsible for any such landscaping installed by the third party, and shall continue to perform all other services comprising the Work, including any future services that apply to the landscaping installed by the third party or to the areas where services were performed by the third party.

3. MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake the Work as specified in this Agreement or any Additional Services Order (see Section 7.c. herein) issued in connection with this Agreement. All Work shall be performed in a neat and professional manner reasonably acceptable to the CDD and shall be in accordance with industry standards, such as USF, IFAS, etc. 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 CDD.

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 and Sundays if needed to make up Rain Days with prior notification to, and approval by, the CDD Representatives (defined below).

Contractor in conducting the Work shall use all due care to protect against any harm to persons or property. If the Contractor’s acts or omissions result in any damage to property within the CDD, including but not limited to damage to landscape lighting and irrigation system components, entry monuments, etc., the Contractor shall immediately notify the CDD and repair all damage – and/or replace damaged property – to the satisfaction of the CDD.

4. MONITORING OF SERVICES. The CDD shall designate in writing one or more persons to act as the CDD’s representatives with respect to the services to be performed under this Agreement (“CDD Representatives”). The CDD Representatives shall have complete authority to transmit instructions, receive information, interpret and define the CDD’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services. This authority shall include but not be limited to verification of correct timing of services to be performed, methods of pruning, pest control and disease control. The CDD hereby designates Matthew E. Huber and other representatives of Rizzetta & Company, Inc., to act as the CDD Representatives. The CDD shall have the right to change its designated representatives at any time by written notice to the Contractor.

The Contractor shall provide to management a written report of work performed for each month with notification of any problem areas and a schedule of work for the upcoming month. Further, the Contractor agrees to meet the CDD Representatives at least bi-weekly to inspect the property to discuss conditions, schedules, and items of concern regarding this Agreement.

If the CDD Representatives identify any deficient areas, the CDD Representatives shall notify the Contractor whether through a written report or otherwise. The Contractor shall then within the time period specified by the CDD 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 CDD, the Contractor shall take such actions as are necessary to address the deficiencies within the time period specified by the CDD, or if no time is specified by the CDD, then within three days and prior to submitting any invoices to the CDD. If the Contractor does not respond or take action within the specified time period, and subject to Section 17, the CDD shall have the rights to, among other remedies available at law or in equity, fine the Contractor $100 per day; to withhold some or all of the Contractor’s payments under this Agreement; and to contract with outside sources to perform necessary Work with all charges for such services to be deducted from the Contractor’s compensation. Any oversight by the CDD Representatives of Contractor’s Work is not intended to mean that the CDD shall underwrite, guarantee, or ensure that the Work is properly done by the Contractor, and it is the Contractor’s responsibility to perform the Work in accordance with this Agreement.

5. SUBCONTRACTORS. The Contractor shall not award any of the Work to any subcontractor without prior written approval of the CDD, except as it pertains to bush hogging or brush hogging services. The Contractor shall be as fully responsible to the CDD 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 CDD.

6. EFFECTIVE DATE. This Agreement shall be binding and effective as of the date first written above, and shall remain in effect as set forth in Section 7, unless terminated in accordance with the provisions of this Agreement.

7. COMPENSATION; TERM. a. Work under this Agreement shall begin on the date first written above and shall remain in effect for a period of one (1) year ("Initial Term"), unless terminated earlier pursuant to the terms of this Agreement. At the end of the Initial Term, the CDD may elect, in its sole discretion, to renew this Agreement on the same terms for two additional one-year periods. b. As compensation for the Work, the CDD agrees to pay Contractor on a monthly basis in accordance with the fees set forth in EXHIBIT A. Contractor shall invoice the CDD monthly for Work performed during the prior month. All additional work or services, and related compensation, shall be governed by Section 7.c. of this Agreement. c. Additional Work. Should the CDD desire that the Contractor provide additional work and/or services relating to the CDD’s landscaping and irrigation systems (e.g., additional services or services for other areas not specified in this Agreement), such additional work and/or services shall be fully performed by the Contractor after prior approval of a required Additional Services Order (“ASO”). The Contractor agrees that the CDD shall not be liable for the payment of any additional work and/or services unless the CDD first authorizes the Contractor to perform such additional work and/or services through an authorized and fully executed ASO, an example of which is attached as EXHIBIT C. The Contractor shall be compensated for such agreed additional work and/or services based upon a payment amount derived from the prices set forth in the Contractor’s bid pricing (attached as part of EXHIBIT A). Nothing herein shall be construed to require the CDD to use the Contractor for any such additional work and/or services, and the CDD reserves the right to retain a different contractor to perform any additional work and/or services. d. Payments by CDD. The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the CDD, in writing, which shall be delivered or mailed to the CDD by the fifth (5th) day of the next succeeding month. Each monthly invoice shall contain, at a minimum, the CDD's name, the Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each sufficient for the CDD to approve each cost, the time frame within which the services were provided, and the address or bank information to which payment is to be remitted. Consistent with Florida’s Prompt Payment Act, Section 218.70 et al. of the Florida Statutes, these monthly invoices are due and payable within forty-five (45) days of receipt by the CDD. e. Payments by Contractor. Subject to the terms herein, Contractor will promptly pay in cash for all costs of labor, materials, services and equipment used in the performance of the Work, and upon the request of the CDD, Contractor will provide proof of such payment. Contractor agrees that it shall comply with Section 218.735(6), Florida Statutes, requiring payments to subcontractors and suppliers be made within ten (10) days of receipt of payment from the CDD. Unless prohibited by law, CDD may at any time make payments due to Contractor directly or by joint check, to any person or entity for obligations incurred by Contractor in connection with the performance of Work, unless Contractor has first delivered written notice to CDD of a dispute with any such person or entity and has furnished security satisfactory to CDD insuring against claims therefrom. Any payment so made will be credited against sums due Contractor in the same manner as if such payment had been made directly to Contractor. The provisions of this Section are intended solely for the benefit of CDD and will not extend to the benefit of any third persons, or obligate CDD or its sureties in any way to any third party. Subject to the terms of this Section, Contractor will at all times keep the CDD’s property, and each part thereof, free from any attachment, lien, claim of lien, or other encumbrance arising out of the Work. The CDD may demand, from time to time in its sole discretion, that Contractor provide a detailed listing of any and all potential lien claimants (at all tiers) involved in the performance of the Work including, with respect to each such potential lien claimant, the name, scope of Work, sums paid to date, sums owed, and sums remaining to be paid.

8. INSURANCE. a. The Contractor shall maintain throughout the term of this Agreement the following insurance: i. Worker’s Compensation Insurance in accordance with the laws of the State of Florida. ii. Employer’s Liability Coverage with limits of at least $500,000 per accident or disease. iii. Commercial General Liability Insurance covering the Contractor’s legal liability for bodily injuries, with limits of not less than $2,000,000 combined single limit bodily injury and property damage liability, and further including, but not being limited to, Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors’ operation. iv. Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed. v. Umbrella Excess Liability Insurance to cover any liability in excess of the limits of coverage already required and shall have limits of at least $2,000,000 per occurrence and $2,000,000 on aggregate. b. The CDD, its staff, supervisors and consultants shall be named as additional insureds (except with respect to the Worker’s Compensation Insurance). The Contractor shall furnish the CDD with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the CDD unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the CDD. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have a Best’s Insurance Reports rating of A-VII. c. If the Contractor fails to have secured and maintained the required insurance, the CDD has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance to the CDD and shall furnish, upon demand, all information that may be required in connection with the CDD’s obtaining the required insurance. If Contractor fails to pay such cost to the CDD, the CDD may deduct such amount from any payment due the Contractor.

9. INDEMNIFICATION. a. The Contractor shall indemnify and hold harmless, the CDD, the CDD’s Board of Supervisors, CDD Staff and the CDD’s agents, officers, employees, contractors, and representatives from and against any and all liability, actions, claims, demands, loss, damage, injury, resulting from third party claims arising from the acts or omissions of Contractor, or the Contractor’s officers, directors, agents, assigns, employees, or representatives. Contractor’s indemnification obligation expressly excludes any damage or loss directly caused by the negligence of indemnified parties hereunder. b. Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, fines, forfeitures, back pay, awards, court costs, mediation costs, litigation expenses, attorney fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), or other amounts of any kind. c. The Contractor agrees that nothing in this Agreement shall serve as or be construed as a waiver of the CDD’s or its staff, supervisors or consultants limitations on liability contained in section 768.28, Florida Statutes or other law. Any subcontractor retained by the Contractor shall acknowledge the same in writing, and it shall be Contractor’s responsibility to secure such acknowledgments. Further, nothing herein shall be construed to limit or restrict the CDD’s rights against the Contractor under applicable law.

10. ENVIRONMENTAL ACTIVITIES. The Contractor agrees to use best management practices, consistent with industry standards, with respect to the storage, handling and use of chemicals (e.g., fertilizers, pesticides, etc.) and fuels. The Contractor shall keep all equipment clean (e.g., chemical sprayers) and properly dispose of waste. Further, the Contractor shall immediately notify the CDD of any chemical or fuel spills. The Contractor shall be responsible for any environmental cleanup, replacement of any turf or plants harmed from chemical burns, and correcting any other harm resulting from the Work to be performed by Contractor.

11. ACCEPTANCE OF THE SITE. By executing this Agreement, the Contractor agrees that the Contractor was able to inspect the site prior to the time of submission of the bid, and that 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, and except that the Contractor shall not be responsible for fire, cold, storm or wind damage, incurable or uncontrollable diseases, or damage due to vandalism. 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.

12. TAX EXEMPT DIRECT PURCHASES. The parties agree that the CDD, in its discretion, may elect to undertake a direct purchase of any or all materials used for the landscaping services, including but not limited to the direct purchase of fertilizer. In such event, the following conditions shall apply:

(a) The CDD may elect to purchase any or all materials directly from a supplier identified by Contractor.

(b) Contractor shall furnish detailed Purchase Order Requisition Forms (“Requisitions”) for all materials to be directly purchased by the CDD.

(c) Upon receipt of a Requisition, the CDD shall review the Requisition and, if approved, issue its own purchase order directly to the supplier, with delivery to be made to the CDD on an F.O.B. job site basis.

(d) The purchase order issued by the CDD shall include the CDD’s consumer certificate of exemption number issued for Florida sales and use tax purposes.

(e) Contractor will have contractual obligations to inspect, accept delivery of, and store the materials pending use of the materials as part of the landscaping services. The contractor’s possession of the materials will constitute a bailment. The contractor, as Bailee, will have the duty to safeguard, store and protect the materials while in its possession until returned to the CDD through use of the materials.

(f) After verifying that delivery is in accordance with the purchase order, Contractor will submit a list indicating acceptance of goods from suppliers and concurrence with the CDD’s issuance of payment to the supplier. CDD will process the invoices and issue payment directly to the supplier.

(g) The CDD may purchase and maintain insurance sufficient to cover materials purchased directly by the CDD.

(h) All payments for direct purchase materials made by the CDD, together with any state or local tax savings, shall be deducted from the compensation provided for in this Agreement.

13. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall keep, observe, and perform all requirements of applicable local, State and Federal laws, rules, regulations, ordinances, permits, licenses, or other requirements or approvals. Further, the Contractor shall notify the CDD in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any act or omission of the Contractor or any of its agents, servants, employees, or material men, or appliances, or any other requirements applicable to provision of services. Additionally, the Contractor shall promptly comply with any requirement of such governmental entity after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation.

14. DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A default by either Party under this Agreement shall entitle the other to all remedies available at law or in equity for breach of this Agreement, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The CDD shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the CDD’s right to protect its rights from interference by a third party to this Agreement.

15. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the CDD shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the CDD in refraining from so doing; and further, that the failure of the CDD at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.

16. SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.

17. TERMINATION. The CDD agrees that the Contractor may terminate this Agreement with cause by providing ninety (90) days written notice of termination to the CDD; provided, however, that the CDD shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that, notwithstanding any other provision of this Agreement, and regardless of whether any of the procedural steps set forth in Section 4 of this Agreement are taken, the CDD may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The CDD shall provide thirty (30) days written notice of termination without cause. Any termination by the CDD shall not result in liability to the CDD for consequential damages, lost profits, or any other damages or liability. However, upon any termination of this Agreement by the CDD, the Contractor shall be entitled to payment for all Work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or off-sets the CDD may have against the Contractor.

18. PERMITS AND LICENSES. All permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor.

19. ASSIGNMENT. Neither the CDD nor the Contractor may assign this Agreement without the prior written approval of the other, which approval shall not be unreasonably withheld, provided, however, that consent shall not be required to assign this Agreement to any company which controls, is controlled by, or is under common control with Contractor or in connection with assignment to an affiliate or pursuant to a merger, sale of all or substantially all of its assets or equity securities, consolidation, change or control or corporate reorganization. Any purported assignment of this Agreement without such prior written approval shall be void.

20. INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent Contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the CDD under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the CDD and the Contractor shall have no authority to represent the CDD as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.

21. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

22. AGREEMENT. This instrument, together with its attachments which are hereby incorporated herein, shall constitute the final and complete expression of this Agreement between the CDD and Contractor relating to the subject matter of this Agreement. To the extent of any inconsistency / conflict between this document, and the EXHIBITS, this document and the EXHIBITS shall be read in harmony to fulfill the intent of this Agreement, provided however that in the event of an irreconcilable inconsistency / conflict, this document shall control.

23. ENFORCEMENT OF AGREEMENT. In the event that either the CDD or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees, paralegal fees and costs for trial, mediation, or appellate proceedings.

24. AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the CDD and the Contractor.

25. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the CDD and the Contractor, both the CDD and the Contractor have complied with all the requirements of law, and both the CDD and the Contractor have full power and authority to comply with the terms and provisions of this instrument.

26. NOTICES. Any notice, demand, request or communication required or permitted hereunder (“Notice”) shall be in writing and sent by hand delivery, United States certified mail, or by recognized overnight delivery service, addressed as follows:

A. If to the CDD: Copperspring CDD 5844 Old Pasco Road, Suite 100 Wesley Chapel, Florida 33544 Attn: Matthew E. Huber, CDD Manager

With a copy to: STRALEY ROBIN VERICKER 1510 W. Cleveland Street Tampa, Florida 33606 Attn: Kristen M. Schalter, District Counsel

B. If to Contractor: RedTree Landscape Systems 5532 Auld Lane Holiday, FL 34690 Attention: Peter Lucadano, CEO Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non- business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the CDD and counsel for the Contractor may deliver Notice on behalf of the CDD and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

27. THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the CDD 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 CDD 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 CDD and the Contractor and their respective representatives, successors, and assigns.

28. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue for any legal actions regarding this Agreement shall be Pasco County, Florida.

29. PUBLIC RECORDS. The Contractor understands and agrees that all documents of any kind provided to the CDD in connection with this Agreement are public records and will be treated as such in accordance with Florida law. In particular, Contractor agrees to comply with all applicable public records laws, including but not limited to Section 119.0701, Florida Statutes, the provisions of which are expressly incorporated by reference herein. 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 (813) 944-1001, OR BY EMAIL AT [email protected], OR BY REGULAR MAIL AT 5844 OLD PASCO ROAD, WESLEY CHAPEL, FLORIDA, 33578.

30. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

31. ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the CDD and the Contractor as an arm’s length transaction. The CDD and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

32. 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.

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IN WITNESS WHEREOF, the Parties execute this Agreement as set forth below.

ATTEST: COPPERSPRING CDD

______Secretary/Assistant Secretary Chairperson, Board of Supervisors

REDTREE LANDSCAPE SYSTEMS, LLC ATTEST: [CONTRACTOR]

______

By: ______By: ______Peter Lucadano

Its: ______Its: ______CEO

Date: ___July______5, 2019

Exhibit A: Fee Schedule & Scope of Services Exhibit B: Landscape Maintenance Area Maps Exhibit C: Additional Services Order

EXHIBIT “A’

SCOPE OF SERVICES

COPPERSPRING CDD LANDSCAPE & IRRIGATION SCOPE OF SERVICES

PART 1

GENERAL LANDSCAPE MAINTENANCE

1) MOWING – All grass areas will be mowed on the following schedule:

MARCH 1 – NOVEMBER 1 – Once a week NOVEMBER 1 – MARCH 1 – Once every two weeks

This schedule estimates that there will be between 41 – 45 cuts annually based on standard growing periods in Florida, however, requires a minimum of 52 visits (weekly) to perform those duties, other than mowing, that cannot remain unattended for two weeks. (i.e., weed control, selective mowing, landscape detailing, debris clearing, etc.) Notwithstanding the above, at no time will the St. Augustine ever be allowed to grow beyond five and one half (5 ½) inches. Each mowing should leave the Bahia grass at a height of three (3) to three and one half (3 1/2) inches St. Augustine at a height of three and one half (3 ½) to four (4) inches. All blades shall be kept sharp at all times to provide a high-quality cut and to minimize disease. The CDD requires mowers to be equipped with a mulching type deck. Clippings may be left on the lawn as long as no readily visible clumps remain on the grass surface thirty-six hours after mowing. Otherwise large clumps of clippings will be collected and removed by the CONTRACTOR. In case of fungal disease outbreaks, the clippings will be collected until the disease is under control. The CONTRACTOR shall restore any noticeable damage caused by the CONTRACTOR’S mowing equipment within forty-eight hours from the time the damage is caused at his sole cost and expense. Contractor shall be responsible for training all its personnel in the technical aspects of the Copperspring Landscape Maintenance Program and general horticultural practices. This training will also include wetland species identification as it relates to lake banks & wetland areas. The Contractor shall be held responsible for all damage to wetlands, littoral shelves, mitigation areas and uplands due to mowing/fertilizing, etc. 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. Weekend work is permitted when necessary upon prior approval.

1A) POND MOWING (if applicable) - All ponds (if applicable) identified as such on the overall Copperspring Maintenance Exhibit/Plans shall be mowed incorporating the same mowing schedule as the common areas stated above. Each mowing shall leave the grass at a height of four (4) to four and one half (4½) inches. Pond banks will be mowed and/or trimmed to water’s edge. Line trimming at water’s edge and line trimming of drainage structures shall occur each and every time the pond is mowed. Careful attention must be paid to mower height on pond banks so as not to scalp at the crest of the pond bank and increase the chances for pond bank erosion. Also when line trimming to water’s edge, Contractor shall be extremely careful not to scalp at the water’s edge also increasing chances of pond bank erosion. Line trimming height shall be the same as mowing height (if not slightly higher). Contractor shall be careful to keep trimmings from entering water. Excessive clippings shall be hand removed. Mowers must blow all clippings away from pond banks. It is understood that trash of any kind and other debris within arm’s reach of water’s edge shall be removed & disposed of by Contractor during every normal service event. Unless otherwise designated on Maintenance Exhibit/Plans, are responsible for mowing down to the water’s edge behind their property.

2) EDGING AND TRIMMING – All hard-edged areas (curbs, sidewalks, bike paths, nature trails, etc.) and soft-edged areas (tree rings, shrub and groundcover bed lines) shall be edged during each mowing event. All edging shall be performed to the sole satisfaction of the CDD. Additionally, contractor will line trim all fences around common areas 18 times per year. Chemical edging shall not be permitted anywhere on property.

AT NO TIME SHALL LAWN BE ALLOWED TO GROW IN AN UNSIGHTLY MANNER. SHOULD THIS OCCUR, CONTRACTOR AGREES TO CORRECT WITHIN FORTY-EIGHT HOURS OF NOTICE BY CDD.

3) TREE AND SHRUB CARE – All deciduous trees shall be pruned when dormant to ensure proper uniform growth. All evergreen trees shall be pruned in the early summer and fall to ensure proper growth and proper head shape. Once per year, central leaders shall be maintained and interfering or crossed limbs shall be removed. Sucker growth at the base of the trees shall be removed by hand continuously throughout the year. Aesthetic pruning shall consist of the removal of dead and/or broken branches as often as necessary to have trees appear neat at all times. Branches will be pruned just outside the branch collar. Branches and limbs shall be kept off buildings (including roofs), signage structures, play structures, fences & walls as well as pruned to keep street lights and traffic signage from being blocked. Additionally, on an as-needed basis, all trees shall be pruned over sidewalks, nature trails, parking lots, driveways & roadways so as not to interfere with pedestrians, cars or other vehicles. (This is to include maintaining at all times a minimum of ten to fifteen (10-15) feet (but shall vary according to DOT specs) of clearance under all limbs depending on location and species of tree.)

All shrubs will be pruned as necessary to retain an attractive shape and fullness, removing broken or dead limbs as necessary to provide a neat and clean appearance. Shrubs shall not be clipped into balled or boxed forms unless such forms are required by design. Shrubs shall be pruned in accordance with the intended function of the plant in its present location. Flowering shrubs shall be pruned immediately after the blossoms have cured with top pruning restricted to shaping the terminal growth. All pruning shall be done with horticultural skill and knowledge to maintain an overall acceptable appearance consistent with the current aesthetics of Copperspring. The Contractor agrees that pruning is an art that must be done under the supervision of a highly trained foreman and shall make provisions for such supervision. Individual plants pruned into rounded balls or unnatural shapes will not be allowed. All clippings and debris from pruning will be carted away at the time pruning takes place.

Palms: All palms shall receive pruning as often as necessary to appear neat and clean at all times. This includes brown and/or broken leaves and inflorescence. Removal of green or even yellowing leaves is unnecessary. Leaves should be removed only once they turn brown or become broken or are disrupting flow of pedestrian/vehicular traffic or are hanging on architectural structures. Fruit pods shall be removed prior to development. Tarpaulins shall be used in areas where date palms and other palm fruits may stain sidewalks & pavement including, but not limited to, pool decks. Contractor shall be responsible for the removal of all palm fruit stains. “Hurricane” palm pruning shall never be allowed. 4) WEEDS AND GRASSES – All groundcover and turf areas shall be kept reasonably free of weeds and grasses, and be neatly cultivated and maintained in an orderly fashion at all times. This may be accomplished by carefully applied applications of pre & post emergent herbicides as part of fertilizer mixtures and post-emergent herbicide spot treatments on an as-needed basis. Condition of turf is to be determined by the CDD at its sole discretion. All shrub and bed areas shall be maintained each mowing service by removing all weeds, trash and other undesirable material and debris to keep the area neat and tidy. All ornamental beds, hedge areas and tree rings shall be kept weed (and sod) free throughout the year. This is to be accomplished through hand pulling or the careful application of a post-emergent herbicide. AT NO TIME SHALL POST- EMERGENT HERBICIDES BE PERMITTED WHEN WEEDS HAVE ESTABLISHED THEMSELVES AS TO DOMINATE PLANTING BEDS. HAND PULLING MUST BE PERFORMED.

NON-SELECTIVE, POST-EMERGENT HERBICIDES SHALL NEVER BE USED TO CONTROL WEED/SOD GROWTH AROUND STRUCTURES OF ANY TYPE (I.E. STREET SIGNS, UTILITY BOXES, STREET LIGHTS, PAVEMENT, ETC.) THE FIRST OFFENSE WILL RESULT IN A VERBAL WARNING; THE SECOND OFFENSE WILL RESULT IN A SECOND VERBAL WARNING AND THE BOARD OF SUPERVISORS FOR THE CDD WILL BE NOTIFIED; THE THIRD OFFENSE MAY TERMINATE THIS CONTRACT FOR CAUSE AT THE CDD’S DISCRETION.

The CONTRACTOR shall be responsible for the replacement of ornamental plants killed or damaged by herbicide application. All fence lines shall be kept clear of weeds, undesirable vines and overhanging limbs.

5) MAINTENANCE OF PAVED AREAS – All paved areas shall be kept weed free. This may be accomplished by mechanical means (line trimmer) or by applications of post/pre-emergent herbicides. Weeds greater than two (2) inches in height or width shall be pulled from paved areas, not sprayed. No sprays with dyes may be used on any paved areas.

6) CLEAN UP – At no time will CONTRACTOR leave the premises after completion of any work in any type of disarray. All clippings, trimmings, debris, dirt or any other unsightly material shall be removed promptly upon completion of work. CONTRACTOR shall use his own waste disposal methods, never the property dumpsters. Grass clippings blown off of sidewalks, streets and curbs shall be blown into turf areas, never into mulched bed areas as these are to be maintained free of grass clippings. NO CLIPPINGS SHALL BE BLOWN DOWN CURB INLETS.

7) REPLACEMENT OF PLANT MATERIAL – Tree and shrubs in a state of decline should immediately be brought to the attention of the CDD. Dead or unsightly plant material shall be removed upon notification of the CDD. CONTRACTOR shall be responsible for replacement if due to his negligence. New plant material shall be guaranteed for a period of one (1) year for trees and ninety (90) days for shrubs, ground cover and lawn after final acceptance. 8) If Contractor misses a service due to inclement weather or any other reason, he is required to make up service the same week. PART 2

FERTILIZATION

Although there is not a fertilizer ordinance in place for Pasco County, it is recommended that those practices outlined in the Pasco County Fertilizer Rule be followed. Highlights of that rule are listed below.

NO PERSON SHALL APPLY FERTILIZERS CONTAINING NITROGEN AND/OR PHOSPHORUS TO TURF AND/OR LANDSCAPE PLANTS DURING ONE OR MORE OF THE FOLLOWING EVENTS: i) IF IT IS RAINING AT THE APPLICATION SITE, OR ii) WITHIN THE TIME PERIOD DURING WHICH A FLOOD WATCH OR WARNING, OR A TROPICAL STORM WATCH OR WARNING, OR A HURRICANE WATCH OR WARNING IS IN EFFECT FOR ANY PORTION OF PASCO COUNTY, ISSUED BY THE NATIONAL WEATHER SERVICE, OR iii) WITHIN 36 HOURS PRIOR TO A RAIN EVENT GREATER THAN OR EQUAL TO 2 INCHES IN A 24 HOUR PERIOD IS LIKELY.

All turf shall be fertilized according to the following IFAS Guidelines for a high maintenance level for central Florida turf: (per BMP guidelines and University of Florida IFAS Extension, central Florida is determined by anything south of a line running east-west from coast to coast through Ocala and north of a line between Tampa & Vero Beach.)

All St. Augustine Sod:

February A complete fertilizer based on soil tests + PreM April Nitrogen (soluble Nitrogen applied at 0.5 lbs. N/1000 SF May SRN (Slow Release Nitrogen applied at 1.0 lbs. N/1000 SF July Fe For foliar application, use ferrous sulfate (2 oz. /3-5 gal. H2O/1,000 SF) August SRN (Slow Release Nitrogen applied at 1.0 lbs. N/1000 SF October A complete fertilizer based on soil tests + PreM

All Bahia Sod:

March A complete fertilizer based on soil tests + Pre M April Nitrogen (soluble Nitrogen applied at 0.5 lbs. N/1000 SF) June SRN (Slow Release Nitrogen applied at 1.0 lbs. N/1000 SF) August Apply Supplemental Iron sulfate or chelated iron in liquid applications October A complete fertilizer based on soil tests The contractor shall submit a fertilizer label to resident project representative for approval prior to application.

At times environmental conditions may require additional applications of nutrients, augmenting the above fertilization programs to ensure that turf areas are kept uniformly GREEN, healthy and in top condition. It shall be the responsibility of the contractor to determine specific needs and requirements and notify the resident project representative when these additional applications are needed.

Fertilizers containing iron shall be removed from all hard surfaces to avoid staining before the sprinklers are activated after application of the fertilizer. Any stains caused by a failure to do so will be the responsibility of the contractor to remove.

Soil test samples shall be taken by the contractor annually to determine the presence of Phosphorus and whether changes in the fertilizer pH or formulations are required. Test results will be provided to the CDD. Should changes be of merit, the Contractor shall notify the CDD in writing prior to the implementation of such changes.

Fertilizer shall be applied in a uniform manner. If streaking of the turf occurs, correction will be required at no additional cost to owner. Fertilizer shall be swept/blown off of all hard surfaces onto lawns or beds in order to avoid staining. IT SHALL BE THE CONTRACTOR’S REPONSIBILITY TO REMOVE ANY STAINS FROM ANY HARD SURFACES ON THE PROPERTY CAUSED BY THEIR NEGLIGENCE OF FERTILIZER APPLICATION. Fertilizer shall not be applied within ten (10) feet from the landward extent of any surface water. Spreader deflector shields are required when applying fertilizer by use of any broadcast or rotary spreader. Deflector shields must be positioned such that fertilizer granules are deflected away from all impervious surfaces and surface waters.

SHRUB, TREE & GROUNDCOVER FERTILIZATION:

For purposes of bidding, All SHRUBS, GROUNDCOVERS and TREES shall be fertilized according to the following specifications:

3 Times a year – (March, June, October) A complete fertilizer (formula will vary according to soil test results) at a rate of 4-6 lbs. N/1000 sq. ft. /year. (A minimum 50% Nitrogen shall be in a slow-release form)

Fertilizer shall be applied by hand in a uniform manner, broadcast around the plants, but never in direct contact with stems or trunks. Fertilizer shall never be piled around plants. All fertilizer remaining on the leaves of the plants is to be brushed or blown off. IT IS THE CONTRACTOR’S RESPONSIBILITY TO REPLACE ANY PLANT MATERIAL DAMAGED BY FERTILIZATION BURN DUE TO HIS NEGLIGENCE. PALM FERTILIZATION:

All Palms shall receive 1 ½ pounds of 8N-2P2O5-12K2O+4Mg with micronutrients per 100 SF of palm canopy four times per year (March, June, September, November). 100% of the N, K & Mg MUST be in slow release form. All micronutrients must be in water soluble form. Fertilizer shall be broadcast evenly under the dripline of the canopy but must be kept at least 6” from the palm trunk.

Fertilizer shall not be billed equally on a monthly basis, but invoiced the month after application.

CONTRACTOR shall provide the CDD with all fertilizer analysis tags from the fertilizer in order to verify correct formulation and quantity. Payment will not be made until correct quantity and formulation has been verified and applied. CONTRACTOR must notify the CDD five (5) working days in advance of the day the property is scheduled to be fertilized. Failure on the part of the CONTRACTOR to so notify the CDD may result in the CONTRACTOR forfeiting any and all rights to payment for the applications made without notification. PART 3

PEST CONTROL

Insects and Disease in Turf Insect and disease control spraying in turf shall be provided by the Contractor every month with additional spot treatment as needed. During the weekly inspections the Contractor is responsible for the identification and eradication/control of disease and insect damage including but not limited to: scale, mites, fungus, chinch bugs, grubs, nematodes, fire ants, mole crickets, etc. Contractor shall pay for chemicals. Please list all chemicals that you will include in your fertilizer applications in the space allocated for “formula” under the fertilization section in the bid form. Also include the cost of these chemicals as part of the fertilizer application. Any anticipated additional treatments shall be included in the Pest Control portion of the bid form.

Insects and Disease Control for Trees, Palms and Plants The Contractor is responsible for treatment of insects and diseases for all plants. The appropriate insecticide or fungicide will be applied in accordance with state and local regulations, and as weather and environmental conditions permit. Contractor shall pay for chemicals. There are several afflictions that may be detrimental to the health of many trees and palms. Contractor will be fully responsible in the treatment of such afflictions. At the CDD’s discretion, this may include the quarterly inoculation of all palms susceptible to Lethal Yellowing and/or Texas Phoenix Palm Decline. The cost of these inoculations should be included as a separate line item in your Pest Control price. Contractor is to identify those species of palms susceptible and supply a list of species and quantities with proposal. Each susceptible palm shall receive quarterly injections. Each injection site/valve can be used only twice. The third quarterly injection requires a new valve and injection site. Contractor is asked to provide cost per injection (material & labor) multiplied by quantity of susceptible palms multiplied by four inoculations per year in bid form. The CDD reserves the right to subcontract out any and all OTC Injection events. This will not be included in the Contract Amount.

The Contractor is required to inspect all landscaped areas during each visit for indication of pest problems. When control is necessary, it is the responsibility of the Contractor to properly apply low toxicity and target-specific pesticide. If pesticides are necessary, they will be applied on a spot treatment basis when wind drift is a threat. Careful inspection of the property on each visit is crucial to maintaining a successful program. It is the Contractor’s full responsibility to ensure that the person inspecting the property is properly trained in recognizing the symptoms of both insect infestations and plant pathogen damage (funguses, bacteria, etc.). It is also the Contractor’s responsibility to treat these conditions in an expedient manner. It shall also be the Contractor’s responsibility to furnish the resident project representative with a copy of the Pest Management Report (a copy of which is included), which is to be complete at every service as well as all certifications (including BMP Certifications) of all pesticide applicators. Contractor shall familiarize himself with all current regulations regarding the applications of pesticides and fertilizers. If at any time the CDD should become aware of any pest problems it will be the Contractor’s responsibility to treat pest within five (5) working days of the date of notification. FIRE ANT CONTROL Contractor is required to inspect property each visit for evidence of fire ant mounds and immediately treat upon evidence of active mounds. In small areas control can be achieved by individual mound treatment. Active mounds in larger turf areas will require broadcast application of bait.

Pest Control will not be included as a standard line item in each monthly billing, but shall be invoiced as a separate line item the month after service is rendered.

Pest Control shall be included in the Contract Amount. PART 4

IRRIGATION SYSTEM MONITORING AND MAINTENANCE

Irrigation System: The Contractor shall inspect and test ALL irrigation system components one (1) time per month. Inspections shall include all the existing irrigation systems Copperspring (approximately _____ zones, _____ irrigation controllers, _____ battery operated controllers at ___ pump/well stations.

A. Irrigation Controllers

1. Semi-automatic start of the automatic irrigation controller

2. Check for proper operation

3. Program necessary timing changes based on site conditions, seasonal changes and local water restriction ordinances

4. Lubricate and adjust mechanical components

5. Test back up programming support devices

6. Regular replacement of batteries when necessary. Depending on type of battery- operated controller being used, it is recommended two 9-volt batteries be used to extend battery life from approximately one (1) year to two (2) years. Some battery- operated controllers will require new batteries every other month.

7. Inspect and replace as necessary each rain shutoff device.

B. Irrigation Systems

1. Manual test and inspection of each irrigation zone, including all drip zones.

2. Clean and raise heads as necessary

3. Adjust arc pattern and distance for required coverage areas

4. Clean out irrigation valve boxes

5. Clean out any filters

C. Report

1. Irrigation operation time

2. Irrigation start time

3. Maintenance items performed

4. General comment and recommendations The above list is for routine maintenance and adjustment of the existing irrigation system components, locating and repairing or replacing automatic valves or control wires and irrigation controller or pump repairs as well as other larger scale repairs are to be considered additional items. Contractor shall provide a list of additional charges and unit pricing for routine & non-routine maintenance as a separate price from this bid. (i.e. valves of varying sizes, solenoids, etc.)

Routine irrigation maintenance is to be completed monthly. Each zone is to be turned on and operated for as long as necessary to verify proper operation. Each head, seal, nozzle and strainer is to be inspected for adjustment and shall be aligned, packed, cleaned and repaired as necessary. Shrubs, groundcovers and turf around sprinkler heads shall be trimmed to maintain maximum clearance at all times for the greatest coverage. All below ground repairs including valves, pumps and wiring require an estimate. Upon written approval from Management, Contractor shall proceed. In the event of an emergency, Contractor shall make a diligent effort to contact, with the approximate price or estimate of repairs, Management or their assign prior to making such repair.

Upon being awarded contract, Contractor shall have a period of thirty (30) days from date of commencement to perform a thorough audit of the entire irrigation system listing items that need repair/replacement in order for the system to operate properly. A separate audit may be provided by the Contractor listing those items that would improve the irrigation system. Any action taken regarding the Irrigation Audit will be at the Board of Supervisors’ discretion.

Assuming the Board of Supervisors approves the repairs listed in the 30-day audit and after such repairs have been made, after the thirty (30) day period has expired and for the duration of the contract, Contractor shall assume responsibility for any and all unreported maintenance deficiencies, including parts and labor, associated with the irrigation system of 2 inches or less, to include sprinkler heads, nozzles, drip, main and delivery lines and any associated fittings. Said repairs shall be performed immediately. The CDD Manager shall be notified what day and time of the week the irrigation tech will be available servicing the community. The Contractor will keep detailed irrigation reports consisting of run times and correct operation of system. A copy of this report will be maintained by the Contractor and a copy delivered to the CDD Manager or his designee, along with the weekly report. At no time shall the Contractor leave the property knowing of the need for a repair and not reporting it.

Watering schedules shall meet all government regulations, and zone times will be adjusted depending on job conditions, climactic conditions and all watering restrictions of Pasco County or any other governmental agencies. It is the responsibility of the Contractor to insure the turf and plant material remains healthy. If the Contractor finds that the irrigation system cannot adequately cover the CDD in the allotted time, it will be the Contractor’s responsibility to bring this to the attention of the CDD representative and apply for a variance. Violations and/or fines imposed by any local or state agency will be deducted from the Contractor’s monthly payment.

Emergency service shall be available after normal working hours and an emergency telephone number will be provided to Management or their assign. Broken mainlines and irrigation valves stuck in the “open” position are to be considered emergencies.

Freeze Protection. The Contractor shall describe ability and cost per application to provide freeze protection for pumps/wells. PART 5

INSTALLATION OF MULCH

After prior approval by the CDD Manager, Contractor shall top dress all currently landscaped areas as shown on the plans/maintenance map (landscaped beds & tree rings) with Grade A Medium Pine Bark Nuggets up to twice per year during the months of April and October. The April mulch application should be considered a supplement to the October application. In doing so, Contractor shall ensure that all mulched areas are brought to a minimum depth of three (3) inches after compaction. Contractor is responsible for all necessary clean up related to this procedure.

Contractor agrees to provide reasonably neat and defined lines along edges of all mulched areas. This is done to facilitate mechanical edging of these areas. Additionally, Contractor shall properly trench all bed lines adjacent to concrete surfaces. Trenches shall be 3” deep and beveled. Mulched beds on slopes adjacent to turf shall also be trenched to a depth of 3” & beveled to reduce mulch washout. Mulch shall not be piled around tree trunks or bases of plants. Any mulch “volcanoes” around tree trunks shall be corrected immediately at no additional cost to Owner.

Contractor agrees to ensure that mulch caught in plant material will be shaken or blown from plants, so that upon completion there is no plant material left covered with mulch.

If, after installation is complete and it is determined that additional mulch (Pine Nuggets) is required to attain the required 3” depth, sufficient mulch shall be supplied by Contractor at no additional cost to CDD.

This item will not be included in the contract amount and shall be invoiced separately the month after service is rendered. Contractor shall provide a price per cubic yard and estimated quantities to be installed per top dressing (based on his own field measurements) and shall submit with bid.

The CDD reserves the right to subcontract out any and all mulching events.

PART 6

ANNUAL INSTALLATION

Planting of Annuals. After prior approval by the District Representative, Contractor shall replace approximately ______annuals in 4” containers up to four (4) times per year in designated areas and maintain annuals to ensure a healthy appearance. The Contractor will have the type of annual to be installed pre-approved by the CDD or its representative in writing. An Annual Options Presentation for the entire year stipulating plant options and timing for each quarterly rotation shall be submitted to CDD shortly after execution of contract in order for the CDD or its representative to select annual choice(s). Annuals shall be hand watered at the time of installation. The Contractor will remove dead or dying annuals before the appearance of such annuals could be reasonably described as an eyesore. If the beds are left bare prior to the next planting, the Contractor will keep such beds free of weeds at all times until the next planting rotation occurs.

Annual installation price shall include the removal of all dead annuals prior to placing new plants, regular dead-heading, necessary soil adjustments, soil additives, fungicides and monthly slow- release nutritional requirements at no additional cost to CDD. Contractor shall replace at his expense any annual that dies, fails to thrive or is damaged by insects/disease. Contractor shall also include in the summer rotation (June) at no additional cost to CDD, a major renovation of all annual beds. A potting mix specifically blended for annuals shall be used at this time and shall be replenished as necessary prior to each change out throughout the year. All annual beds shall be raised at least eight inches. All this shall be provided at no additional cost to the CDD.

This item will not be included in the contract amount. Contractor shall provide a price per 4” annual to be installed and shall submit with bid. This work shall be invoiced separately in the month after service is rendered.

The CDD reserves the right to subcontract out any and all annual installation events.

[END OF SECTION] EXHIBIT “B”

BID PROPOSAL FORM

COPPERSPRING CDD INVOTATION TO QUOTE

Having carefully examined the specifications and having thoroughly inspected said property, the undersigned proposes to furnish all labor, materials and proper equipment for the entire scope of work, in accordance with said specifications, for the sum of: PART 1

General Landscape Maintenance $ 45,900.00 Yr.

- Storm Cleanup $______/45.00 hr.

- Tree Staking/Strapping Removal $ ______15.00 / per tree (based on plan details)

- Freeze Protection (description of ability) The evening before a freeze, contractor will cover all designated seasonal color with burlap and remove the next morning.

______$______/250.00 application - Hand Watering $______/hr.30.00 for employee with hand-held hose $______/hr.250.00 for water truck/tanker

These prices are informational only and NOT to be included in General Landscape Maintenance Cost PART 2

Fertilization (All labor and materials) $ 17,850.00 Yr. (Include any and all turf pesticide/herbicide mixtures you intend to use throughout the year)

ST. AUGUSTINE (per specifications in Part 2) MONTH FORMULA APPLICATION RATE TOTAL POUNDS COST PER (LBS. N/1000 SF) PRODUCT TO BE APPLICATION APPLIED February Complete + PreM 1 lb. per 1000 122 $1,300.00 April Nitrogen - soluble .5 lbs per 1000 61 $1.300.00 May Slow release Nitrogen 1 lb. per 1000 122 $1,300.00 July FL foliar 2 oz. per 3-5 gallons 51 oz. $1,300.00 August Slow release Nitrogen 1 lb. per 1,000 122 $1,300.00 October Complete + PreM 1 lb. per 1000 122 $1,300.00

BAHIA (per specifications in Part 2) MONTH FORMULA APPLICATION RATE TOTAL POUNDS COST PER (LBS. N/1000 SF) PRODUCT TO BE APPLICAT APPLIED ION March Complete + PreM 1 lb. per 1000 125 $1,300.00 April Nitrogen - soluble .5 lbs. per 1000 63 $1,300.00 June Slow release Nitrogen 1 lb. per 1000 125 $1,300.00 August Chelated Iron ` 2 oz. per 5 gallons 50 oz $1,300.00 October Complete fertilizer 1 lb. per 1000 125

ORNAMENTALS (per specifications in Part 2) MONTH FORMULA APPLICATION RATE TOTAL POUNDS COST PER (LBS. N/1000 SF) PRODUCT TO BE APPLICATION APPLIED March complete fertilizer 4-6 lbs. per 1000 400 $1,186.67 June complete fertilizer 4-6 lbs. per 1000 400 $1,186.67 October complete fertilizer 4-6 lbs per 1000 400 $1,186.67

PALMS (per specifications in Part 2) - n/a due to no palms on plan MONTH FORMULA APPLICATION RATE TOTAL POUNDS COST PER (LBS. /PALM) PRODUCT TO BE APPLICATION APPLIED Please list any additional fertilization for those plant materials requiring specialized applications. - All included in "Ornamentals"

SPECIALTY PLANT MATERIALS MONTH FORMULA PLANTS TO BE TOTAL POUNDS COST PER FERTILIZED PRODUCT TO BE APPLICATION (i.e., Crapes, Loropetalum) APPLIED

The totals in the “Cost per application” column should equal your Total Fertilization Cost for the year. PART 3

Pest Control (All labor and materials) $ 12,750.00 Yr. (if entire pesticide allowance is required) *

* This is an allowance for treatments of trees, ornamentals, groundcovers, etc. and should include only those pesticides/herbicides not already included in the turf fertilizer section. This dollar amount will not be equally divided amongst the monthly invoices. The portion of the allowance used on any particular event shall be billed the month after services are rendered. Contractor shall continue to be responsible for the eradication/control of all weeds, pests and diseases after the allowance listed above has been exhausted.

OTC Injections will be performed at the discretion of the CDD’s Board of Supervisors (This shall not be included in either the Pest Control cost listed above nor shall it be included in the Grand Total or Contract Amount.)

OTC Injections (All labor and materials)

$ 0.00 /Yr. (based on quantities below) (No palms on landscape plan) (OTC injections per specs - do not include in Grand Total)

Palm Type Palm Qty # of Inoculations per Cost per Total Cost per quarter per palm Individual Year (based on size) Inoculation (4x per year) (i.e. (2) inoculations per large Canary Palm per 1/4, etc.) n/a 0 n/a 0 n/a 0 n/a 0 n/a 0 The CDD reserves the right to subcontract out any and all OTC Injection events.

Application of Top Choice for annual treatment of Fire Ants

(This shall not be included in either the Pest Control cost listed above nor shall it be included in the Grand Total or Contract Amount.) PART 4

Irrigation (All labor and materials) $ 10,200.00 /Yr.

Freeze Protection (description of ability) Drainage of system and proper insulation of overground pump components

$______/250.00 application (do not include in Irrigation Total or Grand Total)

After hours emergency service hourly rate $ ______55.00 /hr. (i.e. broken mainlines, pump & wells, etc.)

Contractor shall provide a list of additional charges and pricing for such items other than routine maintenance as a separate price from this bid. This should be provided on a separate spreadsheet. PART 5

Based on quantities determined by Contractor’s field measurements at time of bidding, Contractor shall install:

______350 CY Grade A Med Pine Bark Nuggets per specs for the first top-dressing at:

$ ______/CY55.00 (app. April)

250 ______CY Grade A Med Pine Bark Nuggets per specs for the second top-dressing at

$ ______/CY55.00 (app. October)

Installation of Med Pine Bark Nuggets (All labor and materials) $ 33,000.00 /Yr. (if both topdressings are performed - do not include in Grand Total)

Each top-dressing shall leave all beds with a depth of 3” The CDD reserves the right to subcontract any mulching event to an outside vendor PART 6

Annual Installation (All labor and materials) The CDD reserves the right to subcontract any annual installation event to an outside vendor

Contractor shall install _____-600 (4” pots) annuals up to four (4) times per year per specs at the direction of the CDD at $______/annual2.00

$ $1,200.00 /rotation

$ 4,800.00 /Yr. (if all rotations are performed - do not include in Grand Total)

NOTE - There are no annuals noted on the landscape plan, but it is the recommendation of this contractor to install (600) annuals at the main entrance feature.

GRAND TOTAL (PARTS 1, 2, 3 & 4 - This is what contract will be written for)

$ 86,700.00 /Yr.

FIRST ANNUAL RENEWAL $ 89,301.00 /Yr.

SECOND ANNUAL RENEWAL $ 91,980.00 /Yr. Contractor/Firm Name______RedTree Landscape Systems LLC

Firm Address______5532 Auld Lane

City/State/Zip______Holiday, FL 34690

Phone Number______727-919-3915 Fax Number______727-992-2298

Name and Title of Representative ______Peter Lucadano (Please Print)

Representative’s Signature______

Date______July 5, 2019

ADDENDA – Bidder acknowledges the receipt of Addendum No.’s

1. ______2. ______3. ______4. ______5. ______

Dated this ______5th day of ______,July 2019 EXHIBIT “B”

MAINTENANCE MAP EXHIBIT “C”

ADDITIONAL SERVICES ORDER COPPERSPRING CDD ADDITIONAL SERVICES ORDER (ASO)

***FOR ILLUSTRATION PURPOSES ONLY. DO NOT USE THIS FORM*** -Contact CDD, District Manager for Finalized Form-

Date: MM/DD/YYYY

ASO #: 01 Contractor's Name:

Project Manager: CDD Manager: Matthew E. Huber

Project Manager's Email: CDD Manager's Email: [email protected]

Contractor's Address: CDD Address: 5844 Old Pasco Rd Wesley Chapel, Florida 33544

Contractor's Phone: CDD Phone: (813) 994-1001

Contractor's Facsimile:

Item # Item Description Unit Unit Cost Quantity Total 1 $0.00 0.00 $0.00 2 $0.00 0.00 $0.00 3 $0.00 0.00 $0.00 4 $0.00 0.00 $0.00 5 $0.00 0.00 $0.00

Net Change: $0.00 Amount This ASO: $0.00 ASO Amount To Date: $0.00 Original Agreement Amount: $0.00 Revised Agreement Amount: $0.00

Reason for Additional Services Order, Please Explain:

Additional Specifications:

In the event of a conflict between the terms and conditions set forth in this Additional Services Order with the terms and conditions in the Agreement, the terms and conditions of the Agreement will govern and the conflicting terms contained in the Additional Services Order will be disregarded. The CDD reserves the right to modify the Additional Services Order Form at any time.

Original Agreement: Copperspring CDD – Landscape Maintenance Services Agreement. Signed & Dated:

IN WITNESS WHEREOF, the parties hereto have executed this Additional Services Order to be effective as of the later of the two dates set forth below.

OWNER: CONTRACTOR:

COPPERSPRING CDD

By: By:

Name: Name:

Title: Title:

Date: Date:

63 Tab 5

CONTRACT FOR PROFESSIONAL TECHNOLOGY SERVICES

DATE: August 13, 2019

BETWEEN: RIZZETTA TECHNOLOGY SERVICES, LLC. 3434 Colwell Avenue Suite 200 Tampa, Florida 33614

(Hereinafter referred to as "Consultant")

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

(Hereinafter referred to as "District," and together with Consultant, the “Parties.”)

PURPOSE; SCOPE OF SERVICES:

I. The purpose of this contract for technology services (hereinafter referred to as “Contract”) is for the Consultant to provide professional technology services to the District pursuant to Chapter 189.069, Florida Statutes. A brief description of these services is provided below, and a detailed description is provided in Exhibit A to this Contract.

A. ONE-TIME SERVICES. The Consultant shall provide the following One- Time Services to the District pursuant to this Contract:

i. Website Development - Consultant shall provide all required content to a third party responsible for design and implementation of a website for the District to comply with Florida law, including, but not limited to, Chapter 189.069, Florida Statutes, requiring that special districts operate and maintain an official internet website. Details of the required content are shown in Exhibit A. Consultant shall secure and register a domain name in the District’s name, which the domain shall be owned by the District, for purposes of establishing the website.

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ii. E-mail Set-up - Consultant shall establish and register a domain name in the District’s name for purposes of setting up and creating individual e-mail addresses for supervisors, staff or employees as designated by the District. Said domain name shall be owned by the District.

B. STANDARD ON-GOING SERVICES. The Consultant shall provide the following Standard On-Going Services on a monthly basis to the District pursuant to this Contract:

i. Website Compliance and Management - Consultant shall be responsible for ensuring District’s on-going compliance with Florida law, including, but not limited to, Chapter 189.069, Florida Statutes, requiring that special districts operate and maintain an official internet web site throughout the term of this Contract. Consultant shall maintain the domain for the District. Consultant will manage the website maintenance contract provider and ensure they are meeting the requirements of the contract with the District. Consultant will provide the website maintenance provider with documents and updated content as required in accordance with Chapter 189.0069 Florida Statutes.

ii. E-mail - Consultant shall provide services including ongoing management of e-mail accounts, hosting and backup in compliance with all applicable laws, including public records law and public records retention.

II. ADDITIONAL SERVICES. In addition to the One-Time and Standard On-Going Services described above, or in any addendum executed between the Parties, 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. If any additional services are required or requested, the Consultant will provide a detailed description of these services and fees for such services to the District for approval prior to beginning any additional services. The Consultant shall undertake the additional services after the District has issued its written approval of the description and fees for such services to the Consultant.

III. LITIGATION SUPPORT SERVICES. Upon the District’s request, the Consultant shall prepare documentation in response to litigation requests and provide necessary expert testimony in connection with litigation involving the subject matter of this Contract. If the District requires or requests any litigation support services, the Consultant will provide a detailed description of the services and fees for such services to the District for approval prior to beginning any litigation support services. The Consultant shall undertake the litigation support services after the

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District has issued its written approval of the description and fees for such services to the Consultant.

IV. TERM. The Consultant’s services as provided in this Contract shall commence upon execution of this Contract. This Contract shall automatically renew annually unless terminated pursuant to its terms. The Consultant may change the prices only with the District’s written consent.

V. FEES AND EXPENSES; PAYMENT TERMS.

A. FEES AND EXPENSES.

i. A schedule of fees for the services described in Sections I, II, and III of this Contract is shown in Exhibit B to this Contract, which is attached hereto and incorporated herein. The District shall pay the Consultant for the services provided under the terms of this Contract in accordance with the schedule of fees in Exhibit B. For purposes of the Consultant’s compensation for services provided pursuant to this Contract, the District shall compensate the Consultant only for those services provided under the terms of this Contract. Unless otherwise specified by this Contract, the Consultant will invoice the District for the Consultant’s services in advance of each month and in the amounts set forth in Exhibit B. 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. Payment shall be made by the District within thirty (30) days of receipt of a correctly submitted invoice.

ii. Fees for the Standard On-Going Services described in this Contract may be negotiated annually by the Parties. Any amendment to Standard On-Going Services fees must comply with the amendment procedure in this Contract and must be reflected in the adopted General Fund Budget of the District. The District’s adoption of the General Fund Budget shall not constitute the District’s consent for payment of any expenses.

iii. 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, if it has not already done so. Any change in the scope of requested services and the corresponding fee amendment shall comply with the amendment procedure in this Contract. Such amendment must be validly executed by the Parties before Consultant is authorized to begin providing services pursuant to the change in scope and the revised fees are adopted.

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iv. For the purposes of this Contract, an out-of-pocket expense is an expense that the Consultant or one of its subcontractors, if applicable, incurs during the performance of the Standard On-Going Services, as provided in this Contract. Such out-of-pocket expenses are included in the fees shown in Exhibit B. 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, lodging, postage and copies.

v. Fees for services to be billed on an hourly basis will be billed at the Consultant’s current hourly rates at the time of the execution of this Contract, as set forth in Exhibit B. The hourly rate for the services may be amended from time to time pursuant to the amendment procedure in this Contract and in advance of such proposed change. Consultant’s current hourly rates are shown in Exhibit B to this Contract. Any proposed change shall indicate the new hourly fee for such services.

B. PAYMENT TERMS.

i. One-Time Services. One-Time Services will be billed at fixed fee pursuant to the schedule shown in Exhibit B.

ii. Standard On-Going Services. Standard On-Going Services will be billed monthly at a fixed fee pursuant to the schedule shown in Exhibit B.

iii. Additional Services. 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 B.

iv. Litigation Support Services. 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 B.

v. Out-of-Pocket expenses. Out-of-Pocket expenses of the Consultant 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.

VI. 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’s invoices in a timely manner, which shall be construed as thirty (30) days from date of the invoice or as otherwise provided by

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the Prompt Payment Act, Section 218.70 Florida Statutes. Consultant shall notify the District, in writing, at least ten (10) days prior to suspending services.

VII. 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.

VIII. AMENDMENT. Amendments to, and waivers of, the provisions contained in this Contract may be made only by an instrument in writing that is executed by both the District and the Consultant.

IX. RESPONSIBILITIES.

A. 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 unless specified herein.

B. LIMITATIONS OF RESPONSIBILITIES. To the extent not referenced herein, Consultant shall not be responsible for the acts or omissions of any other contractor, subcontractor, supplier, or of any other individual or entity performing services that are not under the control of the Consultant or its own employees, contractors, subcontractors, agents or related entities. Consultant shall not be liable for any damage that occurs from Acts of God, which are defined as those caused by windstorm, hail, fire, flood, hurricane, freezing, or other similar occurrences of nature.

X. TERMINATION. This Contract may be terminated as follows:

A. By the District for "good cause" immediately which shall include misfeasance, malfeasance, nonfeasance, or dereliction of duties by the Consultant. Termination for “good cause” shall be affected by written notice to Consultant at the address noted herein.

B. By the Consultant for “good cause”, immediately 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 affected by written notice to District at the address noted herein.

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C. 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.

D. Upon any termination, Consultant will be entitled to the total amount of compensation pursuant to the terms of this Contract, through the termination date, but subject to any offsets that the District may have for services not performed. Consultant will make all reasonable effort to provide for an orderly transfer of the domain(s), e-mails, books and records of the District to the District or its designee. Upon termination, the District will continue to own the domain name, e-mail accounts and e-mail and website content.

XI. GENERAL TERMS AND CONDITIONS.

A. All invoices are due and payable within thirty (30) days of invoice date, or as otherwise provided by the Florida Prompt Payment Act, Section 218.70. Florida Statutes. Invoices not paid within thirty (30) days of presentation shall be charged interest on the balance due at the maximum legally permissible rate.

B. In the event either party is required to take any action to enforce this Contract, the prevailing party shall be entitled to attorney’s fees and costs, including fees and costs incurred in determining entitlement to and reasonableness of such fees and costs.

C. This Contract shall be interpreted in accordance with and shall be governed by the laws of the State of Florida. Venue for all proceedings shall be in Pasco County, Florida.

E. 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.

D. 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.

E. The Consultant and its officers, supervisors, staff, and employees shall use due care to protect the property of the District, its residents, and landowners from damage. The Consultant agrees to take steps to repair any damage resulting from the Consultant’s activities and work pursuant to the Contract within twenty- four hours (24) hours.

F. Dissolution or court declared invalidity of the District shall not relieve the District of compensation due for services theretofore rendered.

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XII. INDEMNIFICATION.

A. DISTRICT INDEMNIFICATION. To the extent allowable under applicable law (and only to the extent of the limitations of liability set forth in Section 768.28, Florida Statutes), and except and to the extent caused by the negligence, reckless and/or willful misconduct of the Consultant or persons or entities within Consultants control and direction, the District agrees to indemnify and hold harmless the Consultant and its officers, supervisors, staff, and employees from and against any and all liability, claims, actions, suits, demands, assessments or judgments asserted and any and all losses, liabilities, damages, costs, court costs, and expenses, including attorney's fees, that Consultant may hereafter incur, become responsible for, or be caused to pay out arising out of or relating to the negligent or intentionally wrongful acts or omissions of the District that relates to the subject matter of this Contract. The indemnification provided for herein shall not be deemed exclusive of any other rights to which the Consultant may be entitled and shall continue after the Consultant has ceased to be engaged under this Contract.

CONSULTANT INDEMNIFICATION. The Consultant agrees to indemnify, defend, and hold harmless the District and its officers, supervisors, staff, and employees from and against any and all liability, claims, actions, suits, demands, assessments or judgments asserted and any and all losses, liabilities, damages, costs, court costs, and expenses, including attorney's fees, that the District may hereafter incur, become responsible for, or be caused to pay out arising out of or relating to the negligent, reckless, and/or intentionally wrongful acts or omissions of the Consultant. The indemnification provided for herein shall not be deemed exclusive of any other rights to which the District may be entitled and shall continue after the Consultant has ceased to be engaged under this Contract.

B. SOVEREIGN IMMUNITY; INDEMNIFICATION OBLIGATIONS. Nothing herein shall be construed to limit the District’s sovereign immunity limitations of liability as provided in Section 768.28, Florida Statutes, or other applicable law. Indemnification obligations under this Contract shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorney fees, and paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

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XIII. INSURANCE.

A. The District shall provide and maintain Public Official Liability and General Liability insurance policies, each in an amount not less than One Million Dollars ($1,000,000.00) throughout the term of this Contract.

B. The Consultant shall provide and maintain the following levels of insurance coverage at all times throughout the term of this Contract:

i. Worker’s Compensation Insurance in accordance with the laws of the State of Florida.

ii. General Liability Insurance with the limit of One Million Dollars ($1,000,000.00) per each occurrence.

iii. Professional Liability Insurance with limit of no less than One Million Dollars ($1,000,000.00) per each occurrence.

iv. Employment Practices Liability Insurance with limit of Two Million Dollars ($2,000,000.00) per each occurrence.

v. 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).

C. Except with respect to Professional Liability and Worker’s Compensation insurance policies, the District and its officers, supervisors, staff, and employees will be listed as additional insureds on each insurance policy described above. None of the policies above may be canceled during the term of this Contract (or otherwise cause the District to not be named as an additional insured where applicable) without thirty (30) days written notice to the District. Consultant will furnish the District with a Certificate of Insurance evidencing compliance with this section upon request. Insurance should be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

D. If the Consultant fails to secure or maintain the required insurance, the District has the right (without any obligation to do so, however) to secure such required insurance, in which event the Consultant shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

XIV. ASSIGNMENT. Except as provided in this section, neither the District nor the Consultant may assign this Contract or any monies to become due hereunder without the prior written approval of the other. Any assignment attempted to be

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made by the Consultant or the District without the prior written approval of the other party is void.

XV. COMPLIANCE WITH PUBLIC RECORDS LAWS. Consultant understands and agrees that all documents of any kind provided to the District in connection with this Contract may be public records, and, accordingly, Consultant agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public records custodian for the District is Rizzetta & Company, Inc. (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Consultant shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Consultant does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Contract, transfer to the District, at no cost, all public records in Consultant’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Consultant, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (813) 514-0400, OR BY EMAIL AT [email protected], OR BY REGULAR MAIL AT 3434 COLWELL AVENUE, SUITE 200, TAMPA, FLORIDA 33614.

XVI. NOTICES. All notices, requests, consents and other communications under this Contract (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to the District: Copperspring Community Development District 5844 Old Pasco Road, Suite 100 Wesley Chapel, Florida 33544 Attn: District Manager

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With a copy to: Straley, Robin, Vericker 5844 Old Pasco Road, Suite 100 Wesley Chapel, Florida 33544 Tallahassee, FL 32314 Attn: District Counsel

If to the Consultant: Rizzetta Technology Services, LLC. 3434 Colwell Avenue, Suite 200 Tampa, Florida 33614

Except as otherwise provided in this Contract, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Contract would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States Government shall not be regarded as business days. Counsel for the District and counsel for the Consultant may deliver Notice on behalf of the District and the Consultant, respectively. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

XVII. EFFECTIVE DATE. This Contract shall become effective upon execution by both the District and the Consultant and shall remain effective until terminated by either the District or the Consultant in accordance with the provisions of this Contract.

XVIII. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Contract are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Contract.

XIX. AGREEMENT; CONFLICTS. This instrument, together with accompanying Exhibit A, shall constitute the final and complete expression of this Contract between the District and the Consultant relating to the subject matter of this Contract. To the extent of any conflict between this instrument and Exhibit A, this instrument shall control.

XX. DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A default by either the District or the Consultant under this Contract shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Contract against any interfering third party. Nothing contained in this Contract shall limit or impair the District’s right to protect its rights from interference by a third party to this Contract.

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XXI. THIRD PARTY BENEFICIARIES. This Contract is solely for the benefit of the District and the Consultant 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 Contract. Nothing in this Contract, express or implied, is intended or shall be construed to confer upon any person or corporation other than the District and the Consultant any right, remedy, or claim under or by reason of this Contract or any of the provisions or conditions of this Contract; and all of the provisions, representations, covenants, and conditions contained in this Contract shall inure to the sole benefit of and shall be binding upon the District and the Consultant and their respective representatives, successors, and assigns.

XXII. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Consultant shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, and ordinances. If the Consultant 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 a local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Contract or any action of the Consultant or any of its agents, servants, employees, or materialmen, 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 of an alleged violation, the District may terminate this Contract, such termination to be effective immediately upon the giving of notice of termination.

XXIII. ARM’S LENGTH TRANSACTION. This Contract has been negotiated fully between the District and the Consultant as an arm’s length transaction. The District and the Consultant participated fully in the preparation of this Contract with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Contract, the Parties are deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.

XXIV. COUNTERPARTS. This Contract 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.

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Therefore, the Consultant and the District each intend to enter this Contract, understand the terms set forth herein, and hereby agree to those terms.

ACCEPTED BY:

RIZZETTA TECHNOLOGY SERVICES, LLC.

BY:

PRINTED NAME: William J. Rizzetta

TITLE: Managing Member

DATE:

WITNESS: ______Signature

______Print Name

COPPERSPRING COMMUNITY DEVELOPMENT DISTRICT

BY:

PRINTED NAME:

TITLE:

DATE:

ATTEST:

______Secretary/Assistant Secretary Board of Supervisors

______Print Name

Exhibit A – Scope of Services Exhibit B – Schedule of Fees

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EXHIBIT A Scope of Services

ONE-TIME SERVICES: The Consultant shall provide the following One-Time Services to the District pursuant to this Contract.

Website Development - Consultant shall provide all required content to a third party responsible for design and implementation of a website for the District to comply with Florida law, including, but not limited to, Chapter 189.069, Florida Statutes, requiring that special districts operate and maintain an official internet website. Details of the required content are shown in Exhibit A. Consultant shall secure and register a domain name in the District’s name, which the domain shall be owned by the District, for purposes of establishing the website.

E-mail Set-up - Consultant shall establish and register a domain name in the District’s name for purposes of setting up and creating individual e-mail addresses for supervisors, staff or employees as designated by the District. Said domain name shall be owned by the District.

STANDARD ON-GOING SERVICES: The Consultant shall provide the following Standard On-Going Services to the District pursuant to this Contract:

1. Website Compliance and Management - Consultant shall be responsible for ensuring District’s on-going compliance with Florida law, including, but not limited to, Chapter 189.069, Florida Statutes, requiring that special districts operate and maintain an official internet web site throughout the term of this Contract. Consultant shall maintain the domain for the District. Consultant will manage the website maintenance contract provider and ensure they are meeting the requirements of the contract with the District. Consultant will provide the website maintenance provider with documents and updated content as required in accordance with Chapter 189.0069 Florida Statutes.

2. E-mail - Consultant shall provide services including ongoing management of e- mail accounts, hosting and backup in compliance with all applicable laws, including public records law and public records retention.

REQUIRED WEB SITE CONTENT: Pursuant to section 189.016 & 189.069, Florida Statutes, special district web sites will be required to include and make available the following information or documents, which requirements may be changed from time to time and which Consultant shall be responsible for ensuring District compliance associated therewith. Changes to the requirements may be subject to additional fees:

1. The full legal name of the special district. 2. The public purpose of the special district. 3. The name, official address, official e-mail address, and, if applicable, term and

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appointing authority for each member of the governing body of the special district. 4. The fiscal year of the special district. 5. The full text of the special district’s charter, the date of establishment, the establishing entity, and the statute or statutes under which the special district operates, if different from the statute or statutes under which the special district was established. Community development districts may reference chapter 190 as the uniform charter but must include information relating to any grant of special powers. 6. The mailing address, e-mail address, telephone number, and website uniform resource locator of the special district. 7. A description of the boundaries or service area of, and the services provided by, the special district. 8. A listing of all taxes, fees, assessments, or charges imposed and collected by the special district, including the rates or amounts for the fiscal year and the statutory authority for the levy of the tax, fee, assessment, or charge. For purposes of this subparagraph, charges do not include patient charges by a hospital or other health care provider. 9. The primary contact information for the special district for purposes of communication from the department. 10. A code of ethics adopted by the special district, if applicable, and a hyperlink to generally applicable ethics provisions. 11. The budget of the special district and any amendments thereto in accordance with s. 189.016. 12. Tentative budgets must be posted at least two (2) days before the budget hearing and now remain on District websites for forty-five (45) days. 13. Final adopted budgets must be posted within thirty (30) days after adoption and now remain on District websites for two (2) years. 14. Budget amendments must be posted within five (5) days after adoption and now remain on District websites for two (2) years. 15. The final, complete audit report for the most recent completed fiscal year and audit reports required by law or authorized by the governing body of the special district. 16. A listing of its regularly scheduled public meetings as required by s. 189.015(1). 17. The public facilities report, if applicable. 18. The link to the Department of Financial Services’ website as set forth in s. 218.32(1)(g). 19. At least seven (7) days before each meeting or workshop, the agenda of the event, along with any meeting materials available in an electronic format, excluding confidential and exempt information. The information must remain on the website for at least one (1) year after the event.

LITIGATION SUPPORT SERVICES: Prepare documentation in response to litigation requests and provide necessary expert testimony in connection with litigation involving District issues.

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EXHIBIT B Schedule of Fees

One-Time Services will be billed at a fee pursuant to the following schedule:

Website Development: Yes____ No____ $ 750.00

Email Set-up: Yes____ No____ $ 500.00

Total One-Time Services: $______

Standard On-Going Services will be billed in advance monthly pursuant to the following schedule:

MONTHLY

Website Compliance and Management: $ 100.00

Email (50 GB per user) at $15.00 per month per account:

Board Supervisor Account ______X $15.00 $______

Onsite Staff Account ______X $15.00 $______

Miscellaneous Account ______X $15.00 $______

Total Standard On-Going Services: $______

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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:

Managing Partner $300.00 Chief Financial Officer $250.00 Director $225.00 Regional District Manager $200.00 Financial Services Manager $200.00 Accounting Manager $200.00 Regional Licensed Community Association Manager $200.00 Systems Administrator $200.00 District Manager $175.00 Licensed Community Association Manager $175.00 Amenity Services Manager $175.00 Manager, Field Services $175.00 Clubhouse Manager $175.00 Senior Field Services Manager $150.00 Senior Accountant $150.00 Field Services Manager $125.00 Community Association Coordinator $100.00 Financial Associate $100.00 Staff Accountant $100.00 Accounting Clerk $ 85.00 Administrative Assistant $ 85.00

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