Myrtle Creek Improvement District
12051 Corporate Boulevard Orlando, FL 32817; 407-723-5900 www.myrtlecreekid.org

The following is the proposed agenda for the Meeting of the Board of Supervisors for the Myrtle Creek Improvement District ("District"), scheduled to be held at 5:00 p.m. on Tuesday, August 6, 2019 at 6900 Tavistock Lakes Blvd, Suite 200, Orlando, FL 32827. A quorum  will be confirmed  prior to the  start of the meeting.

For those unable to attend in person, you may participate by telephone: Phone: 1-866-398-2885	Participant Code: 275521
BOARD OF SUPERVISORS' MEETING AGENDA

Organizational Matters
Roll Call to Confirm a Quorum
Public Comment Period
Consideration of the Minutes of the June 25, 2019 Board of Supervisors' Meeting

Business Matters
Consideration of District Website/ADA Auditing Services Proposals
Campus Suite
Community XS
V Global Tech
ADA Site Compliance (provided under separate cover)
Consideration of Agreement with Driveway Maintenance, Inc. for Asphalt Repair Services
Consideration of Financial Advisory Agreement
Presentation and Discussion regarding FY 2020 Budget (provided under separate cover)
Consideration of Operation & Maintenance Expense Assessment Methodology Report
Ratification of Operation and Maintenance Expenditures Paid in June 2019 in an amount totaling $62,361.70
Ratification of Operation and Maintenance Expenditures Paid in July 2019 in an amount totaling $42,840.58 (provided under separate cover)
Recommendation of Work Authorization/Proposed Services (if applicable)
Review of District's Financial Position and Budget to Actual YTD Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Construction Supervisor
Audience Comments, Supervisor Requests

Adjournment

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MYRTLE CREEK IMPROVEMENT DISTRICT

Minutes of the June 25, 2019 Board of Supervisors' Meeting

MYRTLE CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Myrtle Creek Improvement District was called to order on Tuesday, June 25 2019 at 5:07 p.m. at 6900 Tavistock Lakes Blvd, Suite 200, Orlando, FL 32827. Board Members listed below constituted a quorum.

Jeff Macre Bob da Silva Kyle Scholl
Also present were:
Lynne Mullins Jennifer Walden
Kevin Plenzler
Tucker Mackie
Larry Kaufmann Jeff Newton Steven Flint

Chair
Vice-Chair Assistant Secretary

PFM PFM PFM
Hopping Green & Sams Construction  Supervisor Donald W. McIntosh Associates
Tavistock

(via phone) (via phone)

SECOND ORDER OF BUSINESS	Public Comment Period
Ms. Walden noted for the record that there were no public comments at this time.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the May 21, 2019 Board of Supervisors' Meeting

Board Members reviewed the minutes from the May 21, 2019 Board of Supervisors' Meeting.

On Motion by Mr. da Silva, second by Mr. Scholl, with all in favor, the Board of Supervisors of the Myrtle Creek Improvement District approved the Minutes of the May 21, 2019 Board of Supervisors' Meeting.

FOURTH ORDER OF BUSINESS

Consideration of Mr. Tubbs' Resignation Letter & Naming a Replacement Supervisor for Seat 3

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Ms. Walden requested a motion to accept the resignation letter from Ms. Tubbs'•

On Motion by Mr. Scholl, second by Mr. Macre, with all in favor, the Board of Supervisors of the Myrtle Creek Improvement District accepted Mr. Tubbs' resignation.

Ms. Walden asked the board if they had a recommendation for a replacement for Seat 3. The term will expire in November 2022. Ms. Walden explained that to qualify to be on the Board they must be US Citizen and a registered voter of the District.

FIFTH ORDER OF BUSINESS		Discussion Regarding Power Supply to Narcoossee and
Lake Nona Boulevard Entrance Feature
Mr. Kauffman provided information to the Board regarding power supply to Narcoossee and Lake Nona Boulevard entrance feature. District Staff was able to obtain a commitment from Advent Health to pay the
full cost of removing the existing pole and transformer, installing a new transformer and running the necessary underground electric lines to power the District's existing electric meterserving the entry feature
lighting. Ms. Mackie explained that District staff provided a letter to OUC providing documentation from Advent Health that they agree to fund the full cost of the work. The District has already provided the authorization to OUC that is needed to pursue the work. No action is required by the Board.

SIXTH ORDER OF BUSINESS		Consideration   of  Resolution
2019-07, Re-Setting the Date, Time   and    Location   of  the
Public Hearing on the Proposed Budget for Fiscal Year2020

Public Hearing on the Proposed Budget for Fiscal Year 2020, for August 22, 2019 at 5:00 p.m. at the Lake

On Motion by Mr. Macre, second by Mr. da Silva, with all in favor, the Board of Supervisors of the Myrtle

Ms. Walden explained that the Lake Nona Lakehouse did not have availability for August 19, 2019, this resolution is to change the budget date. District Staff is proposing August 22, 2019 at 5:00 p.m. at the Lake Nona Lake House.

Creek Improvement District accepted Resolution 2019-07, Re-Setting the Date, Time and Location of the

Nona Lakehouse, 13623 Sachs Avenue, Orlando, FL 32827.

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SEVENTH ORDER OF BUSINESS		Presentation of Preliminary Operations and Maintenance Methodology Report
Ms. Walden noted that behind the report is the form letter that will be going out to residents for the increase of assessments.
Mr. Plenzler presented the Preliminary Operations and Maintenance Methodology Report. Mr.  Kaufmann
asked what the impact is for residential based on the report. Mr. Plenzler stated that from the previous fiscal year the Board will  see an increase on average of  about 114% and the  biggest reason for that was that
there were some reserve funds that were paying down a lot of the O&M budget the last few years and the reserve is now depleted. The full O&M budget is now being allocated across all the units.
Ms. Walden explained that the SF medium for Fiscal Year 2019 was $228.30 and it is going to $488.00.
Mr. Macre asked Mr. Plenzler about the increase. Mr. Plenzler stated that there is about a 114% increase
for all the single family residential and townhome product, 40%-50% increase for multifamily, up to 400% increase for non-residential, and 35%-40% for vacant acres.  Mr. Macre asked why increases are not flat
across the size of the homes. He asked if the EAU values were not originally balanced. Mr. Plenzler stated
that the EAU calculations were not being done year over year the past few years and now the District is seeing the full effect plus the impact of the depleted reserve funds. Going forward using this methodology the Board will see the 1 to 1 ratio.
The Board discussed the assessments and how to explain the increase to the residents. The Board asked
if the unit count changed. Mr. Plenzler responded that the unit count adjusted slightly. There were some additional ERUs from one year to the next. The EAU values specifically related to the residential product
type have not changed. Mr. Plenzler stated that a true EAU calculation was not done the prior fiscal year. The way the last fiscal year's budget was put together was not using this exact methodology.
If all the O&M assessments are added up it comes to $986,000.00. Village walk is paying $753,000.00 of
that. Mr. Plenzler explained that the square footage for KPMG is not realized yet on the Property Appraiser
Tax Roll. It is still in a vacant acres category via the property Appraiser data and when that shows up the square footage will be absorbed, the EAU will be applied and they will take on a much larger share on an EAU basis of O&M.
A Board Member asked if the District can provide residents feedback that once the commercial build outs are open and operating and being assessed the proper assessments going forward that they should see a decrease in the need of funds required from the residents. Mr. Plenzler stated that is correct.
Mr. Plenzler stated that he will bring back an example to show at the next meeting. The Board advised he explain the methodology to the residents in simplified terms and summarizing some of the statistics and
showing the percentages will be valuable in putting the residents at ease. The Board asked Mr. Plenzler to prepare a bar chart showing the difference in dollar value. Mr. Plenzler will prepare that as a separate exhibit.

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EIGHTH ORDER OF BUSINESS	Ratification of Operation and Maintenance	Expenditures
Paid in May 2019 in an amount totaling $65,838.61
Board Members reviewed the Operation and Maintenance Expenditures paid in May 2019 in an amount totaling $65,838.61. Ms. Walden noted that these have already been approved and paid and just needs to be ratified by the Board.

On Motion by Mr. Scholl, second by Mr. da Silva, with all in favor, the Board of Supervisors of the Myrtle Creek Improvement District ratified the Operation and Maintenance Expenditures Paid in May 2019 in an amount totaling $65,868.61.

NINTH ORDER OF BUSINESS		Recommended	Work Authorization/Proposed Services
Mr. Kaufmann stated that included in the agenda package is a proposal for a repair of the trails from Driveway Maintenance., Inc. Mr. Kauffmann proposed that under Section B of the agreement (Minutes
Exhibit A) the workwould be completed within 60 days of execution. Mr. Kauffman stated that the Contractor has not seen the agreement yet.

On Motion by Mr. da Silva, second by Mr. Scholl, with all in favor, the Board of Supervisors of the Myrtle

Mr. Kauffman requested Board approval of the agreement between the District and Driveway Maintenance, Inc. for asphalt repair services, as amended.

Creek Improvement District Approved the Agreement between the District and Driveway maintenance, Inc.

for asphalt repair services, as amended, by Mr. Kauffmann in the amount of $65,600.00.

TENTH ORDER OF BUSINESS		Review of District's Financial Position and Budget to Actual YTD
Ms. Walden presented the District's financial statements to the Board. No action is required by the Board.

ELEVENTH ORDER OF BUSINESS	Staff Reports
District Counsel -	Ms. Mackie stated that the Board previously discussed interest being earned on
the District's Debt Service Reserve Account which is required pursuant to the Trust Indenture that pertains to the Series 2006 Refunded Bonds. To date the amount of excess in the Debt Service Reserve which is attributable  to interest earned  on those funds  is  about $9,178.34.  Absent direction from the  District  to

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Trustee will continue to hold those funds in the Debt Service Reserve and those funds will continue to earn interest. The past three months have hovered around 2%. The District could leave the funds to accrue
interest. The District could direct that the Trustee transmit those funds to the District to put in the General Fund or put towards reserves. The District could direct that the Trustee move those funds into the revenue account to go toward paying additional principle on the next interest payment date.

On Motion by Mr. da Silva, second by Mr. Macre, with all in favor, the Board of Supervisors of the Myrtle

be held with the District's reserve monies

Creek Improvement District approved directing the Trustee to remit interest earned funds to the District to

Ms. Mackie stated that the District received a letter from Tavistock Development requesting the District transmit a termination notice to Jr. Davis Construction Company relating to the construction of Performance
Drive Phase 3, given that the need for project has been delayed until 2021 in terms of completion. Tavistock would  bear  all  the  costs related  toward  the termination of the agreement, however,  the  District  is the
contracting entity and would be required to formally terminate with Jr. Davis pursuant to the EJCDC contract by providing notice of the same.

On Motion by Mr. Macre, second by Mr. da Silva, with all in favor, the Board of Supervisors of the Myrtle Creek Improvement District directing District staff to transmit the Notice of Termination pursuant to the Construction Contract with Jr. Davis related to construction of Performance Drive Phase 3.

District Manager - District Engineer-
Construction Supervisor - Irrigation Specialist -

Ms. Walden noted that the next meeting is Tuesday, July 16, 2019. No Report
No Report No Report

TWELFTH ORDER OF BUSINESS		Supervisor Requests, Audience Comments & Adjournment
Mr. da Silva noted he was driving down Lake Nona Boulevard this morning and noticed a trailer parked on the District's lawn in front of the KPMG building being built. He talked to the Superintendent in charge for DPR and got it removed. It was the trailer of the contractor doing the fence.

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On Motion by Mr. Scholl, second by Mr. Macre, with all in favor, the June 25, 2019 Meeting of the Board of Supervisors of the Myrtle Creek Improvement District was adjourned.

Secretary/Assistant Secretary	ChairNice Chair

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MYRTLE CREEK IMPROVEMENT DISTRICT

District Website/ADA Auditing Services Proposal

MYRTLE CREEK IMPROVEMENT DISTRICT

Campus Suite

Keeping your community informed. And you compliant.
Myrtle Creek Community Development District

Proposal date: 2019-07-08
Proposal ID: NHFE8-TREEP-YN7PP-UGZZU
Pricing	2
Services	3-5
FAQs	6
Statement of work	7-8
Terms and conditions	9-12

Ted Saul
Director - Digital Communication
,
Q Certified Specialist

campus• JIte

Effective date: 20 I 9-07-15		

Implementation	

Qu,rntil}	

Sul,1011,t	
Onboardfog of ADA Compliant Website and Remediation of	l	$2,325.00	

Pricing

Historical Documents

Migration website pages and present on a staged website for approval
Initial PDF Accessibility Compliance Service for 1500 pages ofremediation

Ongoing services Website services
Hosting, support and training for users
Website management tools to make updates
Secure ce11ification (https)
Monthly site repo1ting, monitoring and error corrections

Ongoing PDF Accessibility Compliance Service
Remediation of all PDFs stored on your website
Remediation ofup to 750 PDF pages
Dashboard for reporting and managing all PDFs
48-hour turnaround for fixes for board agendas
PDF manager dashboard
Social Media Manager

•Maximum PDFpagesper 12 111011th period

Q1rnntiCy	SnblOllll

$600.00

750*	$937.50

Included

Total:	$3,862.50

Accountable, compliant communications
Keeping your residents and property owners informed is a big responsibility- one that requires constant diligence.
Staying current with the laws that apply to public access to district records, reports and other legal requirements presents a big challenge for many CDD communities.

When it comes to your website and all the web-based documents you are required to publish, they all need to be fully accessible. Florida statutes and federal laws require you and every special district be compliant with ADA (Americans with Disabilities Act) and accessibility regulations.

Keeping it all accessible - and legal

Campus Suite provides the total accessibility solution to keep all your web communications and web documents on the right side ofthese laws - specifically chapters 189
and 282 ofthe Florida Statutes.	I

Designed for districts

Easy-to-update website, hosting and support

Worry-free ADA-compliance, auditing and full reporting

0

Meets Florida statutes and federal laws

Save COD board time and money

m�

l

I	caI

SUI

Keeping your community informed and compliant.

Accessibility Compliance
with Campus Suite

We'll handle all your website and document accessibility.
We take on the responsibility of making and keeping your website fully accessible to people with disabilities. We know what's at stake ifyour website is not ADA-compliant, so we handle it all - monitoring, reporting, and remediation.

We stand behind our seal of approval.
Each page of your website will have our official certification ofa website that meets the required accessibility standards.

A website with all the features your district needs.
Communication is key to success i.n any organization, and your community development district is no exception. At Campus Suite, we understand the unique communication needs of CDDs and create a comprehensive website that serves as your communication hub.

Your property owners and residents wiU come to depend on the wealth ofinformation at their fingertips. And your board members, management team and staffwill come to rely on the role your website serves in streamlining the critical communi­ cations functions you're required by law to provide.

Maintain ADA compliance:
Website and documents meet WCAG 2.1 requirements
Monthly accessibility scanning audits and reporting
In-house team that fixes aLI of the accessibility errors
On-demand PDF remediation (48-hour tmnaround)

Your district website features:
Professional website design
Easy-to-use tools to make updates
Total document management
Support and training for users
Calendar of events
Clubhouse and rental scheduling
Meeting notices and minutes

campf..§,te

WEBSITE AND ACCESSIBILllY SOLUTION

su,.,e

campus.�

A trusted name for com pliance.
For over 15 years, Campus Suite has built a reputation helping public schools across the country eliminate communication barriers and improve school community engagement. We do it by creating easy-to-use, affordably priced websites featuring professional design, unmatched customer service, and paving a leadership role in website accessibility.

We've helped districts build web accessibility policies and websites, and even created contingency plans for responding to web issues and complaints from the OCR (U.S. Office for Civil Rights). These include detailed resolution plans when clients need to respond to avoid fines and the negative publicity that sometimes surrounds non-compliance.

Campus Suite has also pioneered educating public institutions about website accessibility by establishing the Website Accessibility Education Center, a valuable resource for website administrators..

W3�r'®
WCAG 2. 0

Campus Suite Academy
Website Accessibility Center	www.campussuite.com/accessi bi Iity-center

Frequently asked questions

For PDF service, what is the price per page?
Pricing can range based on the volume of PDFs you have on yourwebsite and if it is part ofthe initial remediation or the on-demand service. The price range is between $1.05 per page to $1.75 per page.

What does the PDF scan and remediation process look like?
You'U upload your documents to the dashboard. We are notified and begin setting up the scan. After the fixes are made, we put the documents back onto the dashboard and you are notified. You then putthem back to the appropriate location on your website.

What does the ADA managed service process for our website look like?
Our team performs monthly scans of your site utilizing software. Our team then goes through the results and fixes the content-related errors by hand. A report is produced for your records and uploaded to your ADA dashboard. Any outlying issues we may encounter, you will be notified until the issue is resolved.

Howlong does it take?
For non-urgent doc remediation, we can scan and fix up to 2000 pages per week. We also have urgent services available for an additional fee with a turnaround time of48 hours.

What standards do you follow for ADA?
We follow WCAG AA 2.1 guidelines

Are there anybidden fees? No.
Howlongdoes it take to build the website?
It depends upon your responsiveness, but generally only a couple of weeks.

Can we change the design of our website?
Our themes are customizable to address your preferences. There are some guardrails in place to help ensure ADA compliance to a degree, but you can select colors, images, etc...

Do your sites offer a calendar?
Yes. This site can be utilized in many different ways. One of which is a calendar to help with your clubhouse availability/rental schedule.

Statement of work
On-boarding of ADA Compliant Website and Remediation of Historical Documents. Contractor will deliver a functional, responsive, working ADA compliant website that can display content submitted to the Contractor by the District. At a minimum, the website and the documents on the website will:
Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1, as amended and/or replaced by new releases from time to time ("WCAG");
Contain a website accessibility policy that includes: a commitment to accessibility for persons with disabilities, the accessibility standard used and applied to the website (at a minimum WCAG), and contact infonnation ofthe District Manager or their designee (email and phone number) in case users encounter any problems;
Display an ADA compliance shield, seal, or certification;
Provide options to create a CDD-branded design (colors, logo, etc...)
Be accessible on modem versions of lnternet Explorer, Edge, Mozilla, Safari, and Chrome web r
browsers and be "mobile friendly" and offer a  "mobile version" ofthe sites content for access fom tablets or smart phones.
Be free ofany commercial advertising;
Be free ofany known spyware, virus, or malware;
Secure certification (https)
Secure cloud hosting with fail-overs
I0. Allow for data backups, and record retention as required by law;
1 1. Allow for the display a calendar, reservation request fonn, and newsletter;
Creation ofa dashboard for the District to upload and remove content, manage all documents, manage document remediation, and review reports generated by the Contractor; and
Remediate 1500 pages identified by the District for the new website in an ADA compliant format.*
Maintenance and Management of the Website.
l. Contractor will manage and maintain the website;
Remediate in an ADA compliant format new documents (a not to exceed 750 pages per year) uploaded by the District Manager to the docmnent portal;*
For Agenda Packages, the Contractor shall tum around the documents within 2 business days
District shall be responsible for uploading the docw.nents onto the document portal for the website. Upon completion ofthe remediation services, Contractor shall ensme that the remediated documents are live on the website. Contractor shall ensure that the District only has the ability to upload documents to the document portal (not the ability to make documents go live on the website) or remove documents on the website and cannot alter any other aspect of the website;
Contractor will store all District data, including files, text and parameters; data will be backed-up on a separate storage system at regular intervals; and

The ADA compliant website will be on-line at aU times unless maintenance or upgrades require it to be unavailable. When maintenance or upgrades require the website to be unavailable, Contractor will provide the District with reasonable advance notice in writing.
MontWy Auditing and Remediation Services.
I. Every month Contractor will comprehensively audit the website's compliance with (1) WCAG and (2) any applicable laws, rules, and regulations (including, the Department ofJustice);
After the audit, Contractor will remediate any web accessibility deficiencies ofthe website or content on the website; and
The Contractor will provide a written report to the District that summarizes the audit and any remediations made.
Support Services.
Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours - Monday to Friday 9 am to 6 pm EST, exclusive of holidays. The Conh·actor will provide a listing ofdetailed hours, holidays, and service availability on their website, and reserves the right to modify the limes technical support is available.

*If certain PDFs are not able to be fully remediated, Contractor shall work with the District to create a summary of the content in the PDF and provide contact infonnation if anyone needs reasonable accommodations to access the full content within that PDF.

Website Creation and Management Agreement
AGREEMENT BETWEEN THE Myrtle Creek COMMUNITY DEVELOPMENT DISTRICT AND INNERSYNC STUDIO, LTD., D/B/A CAMPUS SUITE, FOR WEBSITE AUDITING, REMEDIATION, AND MAJNTENANCE SERVICES

This Agreement ("Agreement") is entered into as of 20 [9-07-15 by and between:

Myrtle Creek Community Development District, a local unit ofspecial-purpose government, established and ex.isting pursuant to Chapter 190, Florida Stalllles, with a mailing address of 12051 Corporate Blvd.
, Orlando, FL 32817 (the "District"), and

Innersync Studio, Ltd., d/b/a Campus Suite, an Ohio limited liability company, authorized to do business in Florida, with a mailing address of752 Dunwoodie Drive, Cincinnati, Ohio 45230 ("Contractor").

RECITALS

Whereas, the District is a local unit of special-purpose government, created and existing pursuanl to Chapter 190, Florida Statules; and

Whereas, pursuant to section 189.069, Florida Statutes, the District must maintain an ofiicial website containing, at minimum, tbe statutorily requ.ired infonnalion ("Website"); and

Whereas, the District has a need to obtain a qualified independent contractor to perform audits ofthe Website to ensure compliance with the accessibility requirements ofTitle ll of the Americans with Disabilities Act ("ADA"), which ADA accessibility requirements and standards may change from time to time, and to remediate or otherwise converL the Website to meet such ADA accessibility requirements, to routinely audit the Website to ensure continued compliance with the ADA and to perform ongoing maintenance ofthe Website, all as more particularly described herein and in the proposal attached hereto as Exhibit A and made a part herein (together, the "Services"); and

Whereas, Contractor represents and warrants to the District that it is qualified, willing and capable ofproviding the Services; and

Whereas, the District and Contractor desire to enter into this Agreement for the purposes stated herein and the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

Now, therefore, in consideration of the recitals, agreements and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

Section 1. Recitals. The recitals stated above are true and correct and by this reference are incorporated herein and fom1 a material part of this Agreement.

Section 2. Scope of Work. Contractor shall provide Services in accordance with the terms provided in this Agreement and in Exhibit A, which Services include:

Initial Website Remediation. Contractor shall migrate the District's existing Website or otherwise create a new Website in order to produce a functional, responsive, working Website compliant with federally recommended ADA best practices for state and local governments as promulgated by federal law and rulemaking, including but not limited to Web Content Accessibility Guidelines 2.1 Level AA, as the same may be amended and updated from time to time (as amended and updated from time to time, "WCAG"). Specifically, Contractor shall, at a minimum:

provide an ADA compliant Website that meets, at minimum, the cua-ently-eITective WCAG standards;
convert up to 1500 pages of PDF documents identified by the Dist1ict to accessible formats for assistive technologies. lf certain PDFs are not able to be fully remediated, Conti-actor shall work with the District to create a summary of the content in the PDF and provide contact information ifanyone needs reasonable accommodations to access the full content withjn that PDF;
ili. provide a website accessibility policy that includes a commitment to accessibility for persons with disabilities, the District's engagement of Contractor for ADA specific services, in an effort to bring the Website into ADA compliance, accessibility standard used and applied to the Website (which shall be at a minimum WCAG), and contact information of the District Manager or their designee (email and phone number) for users encountering any problems;
provide options to create a District-branded design (colors, logo, etc.);
provide Contractor's ADA compliance shield, seal or certification for display on the Website ("Compliance Shield");
cross-check ADA compl iance foraccessibility and compatibili.ty of the Website with various technology mediums, including but not limited to mobile phones, smart phones, tablets, laptop computers, desktop computers, and provide "mobile friendly" or ''mobile versions" of the Website accessible via various web browsers including but not limited to Internet Explorer, Edge, Mozilla, Safari, and Chrome;
eliminate and prevent any commercial advertising on the Website;
eliminate and prevent exposure to any known spyware, virus or malware affecting functionality or accessibility ofthe Website;

secure "https" certification and provide secure "cloud" hosting with fail-over back-up measures to ensure continued functionality and accessibility of the Website;
provide data back-up and records retention measures as required by Florida law;
provide and/or allow display ofa calendar, reservation request form, and newsletter, as applicable or necessary to tbe District;
provide a "dashboard" accessible to the District Manager or his or her designee which allows the District to upload and remove content, manage documents to be remediated by Contractor, and review ADA compliance reports generated by Contractor. However, Contractor shall ensure that the District does not have the ability to alter any other aspect of the Website which may negatively impact tbe functionality or accessibility of tbe Website;
provide any and all other effort reasonably necessary to allow lhe District to receive the maximum benefit ofthe Services contemplated by this Agreement and Exhibit A, recognizing the District is relying on Contractor's expertise for Website design/best practices in accordance with the ADA requirements including but not limited to WCAG standards.

Maintenance. Starting October 1, 2019, Contractor shall provide on-going maintenance of the Website, to ensure continued compliance with WCAG. Specifically, Contractor shall:

manage and maintain the Website;
remediate new documents, up to seven hundred fifty (750) pages per year; for any agenda packages, Contractor shall tum around the remediated version within two (2) business days; any updates or fixes needed to the agenda requiring remediation shall be remediated within 48 hoLLrS of the District Manager's submission for sucb request.
remediate new documents identified by the District to accessible formats for assistive technologies. If certain documents are not able to be fully remediated, Contractor shall work with the District to create a smnmary ofthe content in such document and provide contact information ifanyone needs reasonable accommodations to access the full content within that document. For any agenda packages, including any updates thereto, Contractor shall tum around the remediated version with_in two (2) business days ofthe District Manager's submission for such request.
provide assistive technical support via telephone and/or email, as reasonably needed, within regular business hours between 9 a.m. and 6 p.m., Monday through Friday, exclusive of federal holidays, which shall include but not be limited to assistance in converting newly added documents and upgrading to new ADA reconm1ended standards, ifany, and reg11larly corresponding with the District staff on such items as updates, changes and recommendations;
store and retain all District content, including files, texts, parameters, documents, and other types ofdata by backing up the same in a separate storage system and regularly backing up new content as they are submitted and uploaded to the Website;
ensure that the Website is "live" and "on-line" at all times, unless a scheduled maintenance or upgrades

are required; for any scheduled maintenance orupgrades which would affect the functionality or accessibility of the Website for a prolonged time, Contractor shall provide reasonable advance notice to the District in writing, and post a disclaimer message on the Website during such maintenance or upgrade;
perform monthly comprehensive technological, and human as needed, audits to ensure Website's compliance with WCAG standards or better and any applicable laws, rules and regulations applicable to the Website. After each audit, Contractor shall remediate any deficiencies identified dLu·ing such audit and provide a written report to Lhe District summarizing the audit and remediations made, ifany;
in the event that certain documents are not able to be fully remediated and accessible in accordance with ADA compliance standards, Contractor shalJ immediately notify the District ofsuch documents and shall provide contact infonnation for anyone who needs reasonable accommodation to access all or any portion of such content;
continue to provide and update, as needed, those Services identified in Section 2(A)(iii), (v), (viii), (x), and (xii); and
provide any and all other effort reasonably necessa1y to allow the District to receive the maximum benefit of the Services contemplated by this Agreement and Exhibit A, recognizing the District is relying on Contractor's expertise for Website design/best practices in accordance with the ADA requirements including but not limited to WCAG standards

Additional Services. fn the event that the District desires additional work or services, Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiation regarding the terms ofthe additional work, including scope and compensation, the parties shall agree in writing to a work order, addendum, addenda, or change order to this AgTeement prior to commencement of any such additional work. The following is a non-exhaustive list of possible adcLitional services that the District may request of Contractor:

providing a point of contact to respond to requests for Website accommodation;
converting documents for a public records requests received by the District;
providing any other ADA recommended compliance services requested by the District that Contractor is capable ofperfonning.

Section 3. Compensation. As compensation for the Services, the District agrees to pay Contractor in accordance with the following terms:

Initial Website Remediation. For performance of the Services as provided in Section 2(A) ofthis Agreement, the District shall pay Contractor a one-time fee of $2,325.00 [plus ($0.98) per page remediated pursuant lo Section 2(A)(ii)]. Contractor shall invoice the District upon substantial completion of the Services provided in Section 2(A).

Maintenance. For perfonuance ofthe Services as provided in Section 2(B) of this Agreement, starting October I, 2019 the District shall pay Contractor ($1,5 15.00) per year, payable in one annual installment for Ongoing PDF Accessibility Compliance Service and Website Services. Parties understands and acknowledges that this includes (i) the annual fee for the domain name for the District's Website, which Contractor shall pay, at its sole expense, on behalfofthe District; and (ii) document remediation pursuant to Section 2(B)(iii) ofup to seven-hm1dred fifty (750) pages per year ("Annual Max Pages").

Additional Conversions. For remediating and converting any documents in excess ofthe Annual Max Pages included in the maintenance price, Contractor shall provide such services for an amount not to exceed Ninety-Eight Cents ($0.98) per page. Contractor shall perform remediation and conversion ofadditional documents only upon receipt of written authorization of the District approving the same.

Invoices; Payment. Contractor shalJ maintain records conforming to usual accounting practices. Further, Contractor shall render each invoice to the District in writing, wbich shall be delivered promptly upon completion of each Service. Each invoice shall contain, at a minimum, the District's name, Contractor's name, the invoice date, an invoice munber, an itemized Listing of all costs billed on each invoice with a sufficient description ofeach allowing the District 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 21 8.70, et al., Florida Sialutes, the invoices shall be due and payable within forty-five (45) days ofreceipt by the District.

Section 4. Term and Termination.

Term. This Agreement shall become effective upon tbe date and year first written above and shall be in effect until terminated by either party in accordance with the terms of this Agreement.

Termination. The District agrees that Contrnctor may terminate this Agreement for cause by providing sixty
(60) days' written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to Contractor. Contractor agrees that the District may terminate this Agreement without cause; provided that the District shall provide thirty (30) days' written notice of termination without cause. Upon any termination ofthis Agreement, Contractor shall (i) be entitled to payment for all Services rendered up until the effective termination ofthis Agreement, subject to whatever claims or offsets the District may have against Contractor as the sole means of recovery for termination; (ii) be permitted to remove the Compliance Shield from the Website as oftbe effective date ofthe termination; (iii) provide the District, or its designee, all domain names, authorizations, usernames, passwords, and content (including remediated content) in the format in which it was stored on the service; and
(iv) ifthe Contractor used proprietary and/or licensed software to provide the Services herein to the District, then

Contractor shall coordinate with the District as to the terminated use of such software, including any migration ofthe Website that may be required pursuant to such termination.

Section 5. Representations, Warranties and Covenants. Contractor represents, warrants, and covenants that
(a) the Services will confonn to the requirements provided in Section 2 herein and Exhibit A; (b) the Services shall be performed by qualified personnel in a professional, prompt, diligent, good, safe and workmanlike manner in accordance with all laws, industry standards, and all applicable ADA and other website accessibility compliance standards, including but not limjted to WCAG 2.1 Level AA and other federally recommended guidelines, as may be amended from time to time; and (c) neither the Services nor any product provided by Contractor shall infringe, misappropriate, or otherwise violate the intellech1al property rights of any third-party. To the extent that any defects are found and reported to the Contractor, the Contractor shall correct such defects within thirty (30) days.

Section 6. lntellectual Property.

Contractor Materials. Except as provided herein, Contractor sball retain all right, title, and interest in and to
(i) all patents, trademarks, service marks, copyrights, and other intellectual property or proprietary 1ights of Contractor used in or otherwise associated with tl1e Services, and other materials provided to the District hereunder; and (ii) all trade secrets, technical specifications and data to the extent they are intellech1al property, and inventions which are authored, conceived, devised, developed, reduced to practice, or othe1wise performed by Contrnctor which arise out ofContractor's performance of the Services, none of which shall be deemed a "work made for hire" under lhe Copyright Act of 1976 (collectively, "Contractor Materials"), and nothing contained herein shall be construed to restrict, impair, transfer, license, convey, or otherwise alter or deprive Contractor ofany of .its intell.echtal property and proprietary interests associated therewith. Subject to the foregoing, Contractor grants to the D istrict a non-exclusive, non-transferable worldwide perpetual limited right and license to access and use the Contractor Materials in connection with the ordinary and intended use by the District as contemplated in this Agreement, including viewing, downloading and printing the Contractor Materials for the District's use, and without in any case removing Contractor's copyright, trademar_k or oilier intellectual property ownership notices.

The District Materials; Publicity and Trademarks. The District shall own the Website, domain name, all e­ mail addresses, and all website and e-mail content (including all remediated content provided by the Contractor), under all circumstances. In the event of a termination of tllis Agreement for any reason, Contractor shall take all necessary steps to transfer, or otherwise allow tlle District to retain, such website, domain name, e-mail addresses and content of the same. Adrutionally, to tlle extent applicable, Contractor shall take commercially reasonable precautions consistent with industry standards to protect confidential information, including, e.g., credit card information and other sensitive information protected under Florida's Public Records Laws. Contractor shall immediately notify the District ofany breach or loss ofdata, and take such steps as are reasonably necessary to

address any such issue. Except as provided herein, the District shall retain all right, title, and interest in and to all intellechial property ofthe District provided or made available to the Contractor in connection with Contractor's Services (collectively, "District Materials") and nothing contained herein shall be construed to restrict, impair, transfer, license, convey, or otherwise alter or deprive the District of any of its intellechial property or other proprietary interests associated therewith, if any. Subject to the foregoing, the District grants to Contractor a non-exclusive, non-transferable worldwide limited right and license to access and use such District Materials in connection with the provision of the Services as contemplated by this Agreement. Further, the District penuits Contractor to identify the District as a customer ofContractor in Contractor's marketing materials (including using the Dish·ict's name and logo for such Limited purposes).

The District further acknowledges and agrees that for Contractor to perform the Services, it must, in some cases, give Contractor remote access to areas behind log-ins that are to be audited hereunder, including, without limitation to content management systems and/or servers (collectively, "System"), and agrees that it will furnish to Contractor all necessary information and/or user names and passwords required to do so. Contractor agrees to follow commercially reasonable and accepted security policies for accessing the District's System including any specific security procedures as may be communicated to Contractor by the District prior to Contractor accessing the System. Contractor shall on its own or through coordination with the District's Website provider, create a back-up copy ofall data that may be affected by Contractor's access to the System.

Right to Display Contractor's Compliance Shield / Accessibility Policy. Pursuant to this Agreement, the Contractor shall provide District a Compliance Sbield and customized accessibility policy, which District shall display on its Websites and web applications. The District is expressly prohibited from using the Compliance Shield for any purpose not specifically authorized by this Agreement, and in no event may use such Compliance Shield for or on behalfofany other party or in connection with any domain name and/or organization name other than those being scanned or serviced in connection with the Services.

Section 7. Public Reco1·ds. Contractor understands and agrees tbat all documents or on-line content ofany kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to section 1 19.070 1, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is 	("Public Records Custodian"). Among other requirements and to the extent applicable by law, Contractor shall 1) keep and maintain public records required by the District to perfon11 the Work; 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 11 9, Florida Statures; 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 tenn and following the contract term if Contractor 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 Contractor'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 Contractor, Contractor 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (_) _-_,
 	@	.COM, OR AT 		�
FLORIDA ----

Section  8. Indemnity.

Contractor agrees to indemnify and hold harmless the District and its officers, supervisors, staff, employees, successors, assigns, members, affiliates, attorneys or representatives from any and all liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, orjudgments against the District, or loss or damage, whether monetary or otherwise, including but not limited to an ADA website related claim by a third-party, arising out of, wholly or in part by, Contractor's willfully reckless or willfully negligent act(s) or omission(s). Contractor further agrees that nothing herein shall constitute or be constmed as a waiver ofthe District's limitations on liability contained in section 768.28, Florida Statutes, or other statute.

Obligations under this section shall include the payment ofall settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys' fees, paralegal fees (incurred in court, out ofcourt, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, lines, orjudgments against the District, all as actually incurred.

Section 9. Scrutinized Companies Statement. Contractor certifies that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in Sudan List or Scmtinized Companies with Activities in the Iran Petroleum Energy Sector List. lf Contractor is fow1d to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List, or engaged in a boycott of Israel, the District may immediately terminate the Contract.

Section 10. General Provisions.

Conflicts. The terms of this Agreement and Exhibit A are intended to complement each other, and to the extenl they conflict, the terms ofExhibit A shall control only to the extent that such provisions provide clarifications on Services aJ1d materials to be provided by Contractor pursuant to Exhibit A; in all other respects, the provisiolls of this Agreement shall control.

r

Authorization. The execution ofthis Agreement has been duly authorized by the appropriate body or official of the District and Contractor, both the District and Cont actor have complied with all the requirements of law, and both the District and Contractor have full power and authority to comply with the tenns and provisions of this Agreement.

Independent Contractor. It is understood and agreed that at all times the relationship ofContractor and its employees, agents, or anyone direclly or indirectly employed by Contractor to the Dislrict is the relationship of an independent contractor and not tbat of an employee, agent, joint-venturer, or partner ofthe District. Nothing in this Agreement shall be interpreted or constrned as creating or establishing the relationship ofemployer and employee between the District and Contractor or any of its employees, agents, or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees ofthe District and at all times entirely under Contractor's supervision, direction, and control.

In particular, the Dislricl will not: i) withhold FICA (Social Security) from Contraclor's payments; ii) make state or federal unemployment insurauce contributions ou Contractor's behalf; iii) withhold state or federal income tax from payment to Contractor; iv) make disability insurance contributions on behalf of Contractor; or v) obtain workers' compensation insurance on behalfofContractor.

Dispute Resolution. Before initiating any legal claim or action (except with respect to equitable relief), the parties agree to attempt in good faith to settle any dispute, controversy, or claim arising out of or related to this Agreement or the Services (co1lectively, "Dispute") through discussions which shall be initiated upon written notice ofa Dispute by either party to the other. If the parties cannot resolve the Dispute within ten ( 10) business days, then the parties shall attempt to settle the Dispute by mediation. If mediation is unsuccessful, the parties may then proceed to filing a claim in the appropriate jurisdictional court in accordance with this Agreement. Iu the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorneys' fees, paralegal fees, expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

Applicable Law and Venue. This Agreement shaU be governed by and constnred in accordance with the

laws of the State ofFlorida without reference to the principles ofconflict of laws. Except for actions seeking injunctive relief (which may be brought in any appropriate jurisdiction), suits wider this agreement shall onJy be brought in a court ofcompetent jurisdiction in the county of	, Florida. This choice ofvenue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility oflitigation between the parties with respect to, or arising out of, this Agreement in anyjurisdiction other than that specified in this section. The District and Contractorwaive any right they may have to assert the doctrine offorum non conven;ens or similar doctrine, or to object to venue with respect to any proceeding brought in accordance with this Section.

Limitations on Governmental Liability. Nothing in this Agreement shall be deemed as a waiver of immunity or limits ofliability ofthe District beyond any statutory limited waiver ofimmunity or limits of liability which may have been adopted by the Florida Legislahire in section 768.28, Florida Statutes, or other statute, and nothing in this AgTeement shall inure to the benefit ofany third-party for the purpose of allowing any claim which would otherwise be ban·ed under the Doctrine of Sovereign Immunity or by operation of law.

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

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, which may include, but not be limited to, the right of actual damages and/or specific perfonnance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third-party. Nothing contained in this Agreement shall limit or impaiI the District's right to protect its rights from interference by a third-party lo this Agreement.

Notices. All notices, requests, consents, and other communications under this Agreement ("Notice" or "Notices") shall be i.n writing and shall be delivered, mailed by Overnight Delivety or First Class Mail, postage prepaid, to the parties, as follows:

Ifto Contractor: Innersync Studio, Ltd., d/b/a Campus Suite 752 Dunwoodie Drive
Cincinnati, Ohio 45230

Attn: Steven Williams

Ift o District:
Myrtle Creek Community Development District

Attn: District Manager

With a copy to:
Hopping Green & Sams PA
I 19 South Monroe Street, Suite 300 Tal lahassee, Florida 3230 l
Attn: District Counsel

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 ofdelivery) 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, lhe 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 DistTict and counsel for Contractor may deliver Notice on behalfof the District and Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other pruties and addressees ofany 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.

Enti,·e Agreement. This Agreement, together with Exhibit A, sets forth the entire agreement of the parties, and supersedes any prior agreements or statements with respect to the subject matter hereof.

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

Assignment. Neither the District nor Contractor may assign this Agreement without the prior written consent of the other. Any purported assignment without such consent shall be null and void.

Amendments. This Agreement may be an1ended or modified only by a written instrument duly executed by both parties.

Force Majeure. If either party is prevented from performing any of its obligations under this Agreement

due to any cause beyond the party's reasonable control, including, without limitations, an "act of God," fire, flood, war, strike, government regulation, civil or military authority, acts or omissions of transmitters, utilities, providers or hackers, the time for that party's perfonnance will be extended for the period of the delay or inability to perform due to such occurrence.

Survival In addition to such other provisions hereofwhich, by their tenns, survive any termination or expiration ofthis Agreement, Section 5 (Representations, Warranties and Covenants), Section 6 (lnteUectual Property), Section 7 (Public Records), Section 8 (Indemnity), and Section IO (General Provisions) shall survive any tennination or expiration of this Agreement.

Waiver. No breach of any term of this Agreement shall be deemed waived unless expressly waived in writing by the party who might assert such breach. Any failure or delay by either party to exercise any right, power, or privilege under this Agreement shall not be deemed a waiver ofany such right, power, or privilege tmder this Agreement on that or any subsequent occasion. Any waiver by either party, whether express or implied, of any provision of this Agreement, any waiver of default, or any course ofdealing hereunder, shall not affect such party's right to thereafter enforce such provision or to exercise any right or remedy in the event of any other defaull or breach, whether or not similar.

Counterparts. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instmment. Sig11ature and acknowledgement pages, ifany, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

Arm's Length Transaction. This Agreement has been negotiated fully between the parties as an a1m's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In case ofa Dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either party.

Descri()tive Headings. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meanjng or construction ofany of the provisions of this Agreement.

Io witness whereof, the parties have, by tbeir duly authorized representatives, executed this Agreement as ofthe date and year first sel forth above.

ATTEST: Myrtle Creek COMMUNITY DEVELOPMENT DISTRICT

Secretary Chairperson, Board of Supervisors .	Date

Print name

WITNESS: INNERSYNC STUDIO, LTD., D/B/A CAMPUS SUITE, an Ohio limited liability company

Print Name: By: Steven Williams, (Title) .	Date

Exhibit A: Proposal for Services

lmplementation
Onboarding of ADA Compliant Website and Remediation of Historical Documents
Migration website pages and present on a staged website for approval
Initial PDF Accessibility Compliance Service for 1500 pages ofremediation

Ongoing services
Website services
Hosting, support and training for users
Website management tools to make updates
Secure certification (https)
Monthly site reporting, monitoring and error corrections

Ongoing PDF Accessibility Compliance Service
Remediation ofall PDFs stored on your website
Remediation of up to 750 PDF pages
Dashboard for reporting and managing all PDFs
48-hour htmaround for fixes for board agendas
PDF manager dashboard

Social Media Manager

Quan1il1·	Sublolal

$2,325.00

()uaulil)	Sul11u1a1

$600.00

750*	$937.50

Included

MYRTLE CREEK IMPROVEMENT DISTRICT

Community XS

Jennifer Walden

Subject:	FW:

From: Dwayne Anderson [mailto:danderson@venturesin.com)
Sent: Tuesday, May 21, 2019 11:29 AM To: Jennifer Walden <waldenj@pfm.com>; Subject:

Hi- 

I happened to come across an agenda on the Myrtle Creek site. I read through the ADA audit proposal you have and wanted to share some information and offer additional services to the district.
The CommunityXS template that's used to present the public facing district website has been extensively evaluated and
remedied for accessibility. In October of last year, the site was evaluated by WebAim at the University of Utah. They identified a comprehensive list of accessibility issues that were then addressed by our team. The site then went through a follow-up evaluation to verify the issues were addressed correctly.
I have been making changes and upgrades to the site template since October and I'm happy to say that the site template is highly accessible. There always room for interpretation ofthe guidelines, but I'm confident to relay that the site supports the use of assistive technology.
The one exception is the pdf documents that you guys upload. Those must be addressed differently.
So, I've recently formulated agreements to provide the district with quarterly audits. This service is billed monthly and performed quarterly. The monthly charge is $40.00 in addition to the current services and is billed as a separate line item. This service is performed by me and the issues I find are corrected by me. So, this service includes remediation.
The two step audit consists of an automated test using Lighthouse, an auditing tool created and maintained by Google, and a manually/visual evaluation by me. I have extensive knowledge ofthe site and the variable content that's contributed byyour team, so the evaluation can be done rather quickly and at a lower cost than a third party.
We can also have the site evaluated by a third party, WebAim, at any time and that would be around $1400.00 for a site like myrtle creek, although the formal proposal and price would come directlyfrom WebAim. That is for automated and manual evaluation. A site with more content like a traditional community will most likely be a little more.
I just wanted to pass that information along as I haven't had a chance to formally introduce the program to my customers. Please feel free to pass this along to your associates at PFM.
Ifyou'd like to talk more, or have questions, please let me know. Thanks!

Dwayne Anderson Consultant Venturesln.com, Inc.
9560 W Linebaugh Ave

Tampa FL 33626
Ph. (813) 999-4499 1

Mbl. (813) 205-0054

danderson@venturesin.com I http://www.venturesin.com

SUPPLEMENTAL AGREEMENT FOR WEBSITE ACCESSIBILITY CONSULTING SERVICE
CommunityXS

1)	Engagement:

IMPORTANT - READ CAREFULLY: This Supplemental Agreement forWebsite Accessibility Consulting Service ("Agreement") Is a legalAgreement between you, the organization or entity, ("Customer") and Venturesln.com, Inc. ("Consultant") which covers the service by Venturesln to perform a website accessibility audit and remediation. Venturesln agrees to provide Service to Customer and Customer agrees to payVenturesln for Service subject to the following terms and conditions:

Customerdesires that Consultant conduct a website accessibility evaluation of a CommunityXS application-based web site.
Customer desires that Consultant remedy issues found during a website accessibility evaluation.
This Agreemenl shall remain in effect until unless terminated by either party by giving forty-five (45) days written notice to the other party.

$40.00a)

2)     FeesSaenrdvicPeaFymeee:nts

per month.

Fees for the Services and any associated services shall be invoiced in advance and shall be payable on receipt or in accordance with any payment terms that are included on the invoice.

3)	Services:

If payment is not made according to the terms of the invoice, VenturesIn reserves the right to terminate Services.
Consultant shall, pursuant to the terms of this Agreement perform a comprehensive website accessibility evaluation (the "Services') with respect to the Web Content Accessibility Guidelines (WCAG) set forth by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAJ). The consultant shall use a variety of tools and software products to facilitate the website accessibility evaluation. The Consultant shall evaluate all website content using automated testing tools and shall manually evaluate each page by reading or otherwise v sually inspecting all elements.

4)	Performance:

Consultant shall, pursuant lo the terms of this Agreement, modify website code and content (the "Services") to conform to the Web Content Accessibility Guidelines (WCAG) setforth by the World Wide Web Consortium (W3C) Web Accessibility Initiative (WAI).

(100);

Conformance to the Web Content Accessibility Guidelines (WCAG) shall be measured and scored by automated accessibility audits generated by Lighthouse, an open-sourcewebsite auditing suite developed and maintained by Google.

5)	Service Frequency:

Consultant agrees lo modify web code and content to reach an Accessibility score ofone hundred	indicating all applicable automated audits are "Passed".
a)	Service shall be performed once per calendar quarter.

7)	Errors and Omissions:

Aa)uthCoruiszteodmUesraaggree:es that authorized Venturesln support personnel may access system as required to facilitate Services.
Subject to the terms of this Agreement, the Customershall not be prejudiced in anyway by Inadvertent errors or omissions made by Consultant in connection with thisAgreement provided such errors and omissions are corrected promptly following discovery thereof. Upon the discovery of an inadvertent error or omission. Consultant shall make all appropriate adjustments as soon as practicable to correct such Inadvertent error or omission.
aL)imitIattlsioenxopfreLsisalbyialigtyreed that in no event shall Consultant be liable for any damages whatsoever. The total liabili ty of Consultant to Customer. and
anyone claiming by, through, or under Customer for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Service or Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or failure to perform. shall not exceed the total compensation received by Consultantfor Services.
aC)ustComonesruRltaenmt'esdeientsir:e liability and Customer's exclusive remedy shall be as defined in this Agreement. No other remedies are provided to
Customer under this Agreement.

11) No Waiver:

Sa)uppTlehmiseAngtraeleAmgernetesmuepnptle: ments, and is automatically terminated upon termination of, the Application Hosting Agreement CommunltyXS.

12) Severability:

Any failure by either party to exercise an option or right conferred by this Agreement shall not of itself constitute or be deemed a waiver of such option or right.

13) Law:

If any provision in this Agreement is declared void or unenforceable by any judicial or administrative authority this shall not nullify the remaining provisions ofthis Agreement which shall remain in full force and effect.

14) General:

a)	This Agreement shall be governed by the laws of the Slate of Florida and the parties agree to submit to the exclusive jurisdiction and venue of the Court of HIiisborough County, Florida In connection with any legal actions hereunder.

a)		Should you have any questi ons concerning this Agreement. or if you desire to contact Venturesln for any reason, please write: Venturesln.com, Inc., 9560 West Linebaugh Avenue. Tampa, Florida 33626.
I agree to the terms and conditions of this Consultant Service Agreement. Customer Signature

Organization/Community/CDDIHOA

Print Name and Title	Sign	Date

MYRTLE CREEK IMPROVEMENT DISTRICT

V Global Tech

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Technical & Human Audit Proposal for Public Facing Digital Assets (Software, Websites & Apps)
Goal: Ensure full compliance for people with disabilities as per:

n

Nondiscrimination requirements of Title	of
the American Disabilities Act (ADA)

WCAG (Web
Content Accessibility Guidelines)

Section 508 Stipulations

Florida Insurance Alliance/eGIS Risk Advisors Guidelines

Read more about details of the above list on VGlobalTech's website. All ADA requirements and information on these topics has been compiled in one place for our clients.
URL: https://vglobaltech.com/website-compliance/
YGloba Tech.com -Experience Innovation	Page 1 of 11 

Call: 321 -947-7777

Email: contact@VGlobalTech.�om

Your strategic partner for Web IDesig�, Software, Marketing, anp SEO solutions.
Privote and Contidentiol Document. No port of this document shall be produced. sent, copied to any parties it is not intended for It is intended forthe entities listed clearly on this proposal. Any distribution without WJilten consent shall be procecuted

Version Log:

Date	Version#	Comments	Author	
April  11, 2019
April 12, 2019	1.0
1.1	Technical and Human Audit	VB Joshi	
		Added 3 Options	VB Joshi	
April 12, 2019	1.2	Added compliance process flow	VB Joshi	

Your website gets 2 Compliance Seals VGlobalTech's Technical Compliance Seal & Human Audit Compliance Seal

CERTIFIED ACCESSIBLE
By Analysts who are Blind & Visually Impaired

VGlobalTech is the ADA, WCAG Compliance Expert, with over 100 ADA & WCAG compliant websites created (....and counting) to-date! We have partnered with a non-profit agency to conduct Human Audit and Certification Seal.

Working together with your companywe wish to add social value to the community we live in!

COPYRIGHT ©: This proposal is solely created by VGlobalTech team for its customers and cannot be reproduced, copied, modified or distributed (including forwarding to other customers, competitors, web designers etc.) without the written consent of VGlobalTech. Any violations shall be prosecuted.

VGlobalTech.com - Experience Innovation	Page 2 of 11 
Your strategic partner for Web Design. Software, Marketing, and SEO solutions.
Coll: 321-947 7777 I Email: contact@VGlobalTech.com
Private ond Contidential Document. No port of this documentshall be produced. senl, copied to any parties it is not Intended for. If is
intended for the entities isted clearty on this proposal. Any distribution without written consentshall be procecuted

Table of Contents
1.0	The Law	4
2.0	ADA & WCAG Compliance	4
Quarterly Technical & Human Audit Testing	5
Digital Asset Technical Compliance Seal:	6
Human Audit Seal:	6
4.0	Compliance Process Flow:	7
5.0	Pricing Options	8
6.0	Proposal Acceptance:	10
7.0	References:	11

VGlobalTech.com - Experience Innovation	Page 3 of 11 
Your strategic partner for Web Design. Software. Marketing. and SEO solutions.
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Private and Confidential Document. No portof this documentshall be produced. sent. copied to any part es it is not intended for. If is intendedforthe entities li sted clearly on this proposal. Mydistribution without written consentshall be procecuted

l.O The Law

Please familiarize your team with the Florida Statute 189.069 Special districts; required reporting of information; web-based public access. Source:
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&URL=0100- 0199/0189/Sections/0189.069.html

2.0 ADA & WCAG Compliance

Every individual must have equal access to information whether it is in person service or online. This is a general agreement and understanding ofaccess.
The Internet has dramatically changed the way state and local governments do business. Today, government agencies routinely make much more information about their programs, activities, and services available to the public by posting it on their websites. As a result, many people can easily access this information seven day a week, 24 hours a day.
Many government services and activities are also provided on websites because the public is able to participate in them at any time ofdayand without the assistance ofgovernment personnel. Many government websites offer a low cost, quick, and convenient way offiling tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety ofother activities.
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature oftheir programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that governmentwebsites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree ofaccess in terms ofhours of operation and the range ofoptions and programs available.
The World Wide Web Consortium (W3C) sets the main international standards forthe World Wide Web and its accessibility. W3C created the Web Content Accessibility Guidelines (WCAG 2.0 and 2.1) which are similar to Section 508, but on an international level. WCAG 2.0 and 2.1 requires specific techniques for compliance and is more current than Section 508.
Source: https://www.w3.org/WAl/standards-guidelines/wcag/

VGlobalTech com -Experience Innovation	Page 4 of 11 Your strategic partner for Web Design, Software, Marketing, and SEO solutions.
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Quarterly Technical & Human Audit Testing

This audit is as per the Florida Insurance Alliance, eGIS Insurance Advisors and other insurance guidelines. Please check withyour insurance agency for specific requirements. Read more here: https://vglobaltech.com/wp­ content/uploads/2019/03/FIA_ADA_Guidelines-2019-2020.pdf
VGlobalTech team is trained and well aware ofADA and WCAG 2.x Compliance guidelines. VGlobalTech has partnered with a local agency for the visually impaired - LightHouse Works. LightHouse has developed a unique program for digital accessibility that is run by visually impaired personnel that are highly skilled in human auditing ofwebsites and software as per the section 508 stipulations. Read more about our partnership here: https://vglobaltech.cmn/website-compliance/

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Charting o course  for living,  eorning,  & eorning  with vision loss

Together we are now able to provide not one but two compliance seals for all our customers. Details ofthe compliance seals are below.

VGlobalTech.com ~ Experience ,nnovation	Page 5 of 11 Your strategic partner for Web Design. Software. Marketing, and SEO solutions.
Coll: 321 9477777 I Email: contoct@VGlobolTech.com
Privateand Confidential Document. No port of this documentshall be produced, sent, copied to anypartiesit s notintended for. It is
intended forthe entities listed clearly on this proposal. Any distribution wthout written consentshall be procecuted

Digital Asset Technical Compliance Seal:

VGlobalTech in-house technical team shall remediate / test the website / software for ADA, WCAG compliance. VGlobalTech's technical design & development team is fully aware of the Americans with Disability Act (ADA), Web Content Accessibility Guidelines (WCAG), Section 508 of the Rehabilitation Act of 1973 and overall the design principles ofa professional, accessible, functional and responsive web design. The entire team has taken dedicated time and efforts to learn these design principles first hand. Our purpose is clear - Universal, Creative Web design that works for
everyone, everywhere and everytime!
Human Audit Seal:

CERTIFIED ACCESSIBLE
By Analysts who are Blind & Visually Impaired

LightHouse Works' visually impaired personnel shall actually testthe website for compliance as per the section 508 and ADA requirements. The VGlobalTech technical team shall remediate any points discovered by LightHouse team and send the site for re-certification. Upon satisfactory completion LightHouse shall provide the Human Audit Seal that will be specific to the site and the VGlobalTech team shall put the seal on the site. This is an added layer of true Human Audit testing that provides full ADA compliance.

VGlobalTech.com - Experience Innovation	Page 6 of 11 Your strategic partner for Web Design. Software, Marketing, and SEO solutions.
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4.0 Compliance Process Flow:

Human Audit Seal

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Screen Magnifier Testing

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A Partnership with a Social Cause to Ensure:
J\DA COMPLIANCE
WCAG COMPLIANCE
SECTION 508 STI PULATIONS
FIA/ eGIS / OTHER INSURANCE & RISK ADVISERS' COMPLIANCE
TECHNICAL COMPLAINCE SEAL
HUMAN AUDIT COMPLAINCE SEAL
QUARTERLY AUDITS
REMEDIATION
PEACE OF MIND

•

Automated Testing

VGlobalTech.com -Experience lnnovotion	Page 7 of 11 
Your strategic partner for Web Design, Software, Marketing, and SEO solutions.
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Private and Confidential Document. No port of this documentshall be produced. sent copied to any parties it is not intended for. II is intended for the entrties listed cleorly on this proposol. Any distribution without written consent shall be procecuted

Pricing Options

Option 1 (recommended):
Quarterly Technical & Human Audits:
$1200 / Four Audits
Covers all technical AND human audit aspects as per industry experts
Discounted to cover both audits together
Compliance seals renewed after every audit
Ensure site and new content is in compliance with ALL standards
Peace ofmind

Option 2: 
Quarterly Technical Audit-Only*:
$900 / Four Audits
Covers only technical aspects ofelements, html, css, contrast etc as per WCAG
Technical Audit Compliance seal renewed after every audit
Does not cover human audit (additional considerations that are subjective tothe person, assistive technology used etc

Option 3: 
Quarterly Human Audit Only**:
$800 / Four Audits
Covers only human audit (considerations that are subjective to the person, assistive

✓

technology used etc conducted in a lab like environment) Human Audit Compliance seal renewed afterevery audit

VGlobalTech.com -Experience fnnovotion

Page 8 of 11 
i

Your strategic partner for Web Design. Software, Marketing, and SEO solut ons.
Call: 321 947-7777 I Email: contact@VGlobalTech.com
Private ond Confidential Document. No port of this document shall be produced. sent copied to ony parties it is not intended for. It is ntended for the entities listed cleo�y on this proposal.  Any distribution withou1 wri11en consent sheII be procecuted

This proposal includes following points, stipulations terms and conditions:
*(1) conference call or in person meetings per month with client to review metrics, results and monthly recaps *unless otherwise noted
* email and phone communication
*Anything out of the scope of work in the above proposal will be addressed and client will be immediately notified. After notification of additional work, a subsequent quote will be provided to cover that work.
*Client is responsible to adhering to timelines as far as information required to complete the task is concerned. If timelines are not adhered to and exceed 15 business days past the current marketing months, last day, all work will end. A new month with new allocated costs will be presented for future work to commence. No refunds and owed work will be due unless otherwise agreed upon. An Invoice will be provided once signature approval of this project proposal. Payments will be made to VGLOBALTECH
*Client is responsible for verifying quality of work, providing feedback, verifying that compliance has been met as required. VGlobalTech team shall not be responsible for any legal ramifications arising from work not done as per external agencies / organizations / associations needs if proper feedback is not provided by the customer. VGlobalTech's work will be in best faith but cannot guarantee all compliance / legal needs since we are not the final authority in the ADA or WCAG compliance area. VGlobalTech shall not be liable for any legal ramifications arising from compliance issues and cannot be held responsible for any legal or other lawsuits.
Refund Policy: The client may halt work and request for a refund within seven days of the date of signing this services agreement by mailing a signed letter to the main address listed on www.VGlobalTech.com website. If client requests a refund within seven days ofthe date of signing their agreement they shall be liable to pay for all work completed and will be refunded the remaining balance of the initial payment if billable work has not exceeded a charge that would be greater than client's initial payment. If client requests a refund after the seven days from the date of the signing of the agreement client is liable to pay for all work completed plus an additional 25% of any remaining balance that may still be due. Once line item projects are complete no refunds will be issued. Confidentiality: All information between client and service provider inclusive oftechnical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless ofwhether such information is designated as "Confidential Information" at the time of its disclosure and will be treated as such and with absolute confidentiality and will
not be shared or used, which will be maintained at all times. The client is not allowed to disclose their price with any third parties. Doing so is in breach ofthis agreement. All information development will be shared and proprietary information and property between client and service providers.

for Web Design. Software. Marketing,

Your strategic partner VGlobalTech.com -Experience Innovationand SEO solutions. Page 9 of 11 

Call: 321 -947-7777

Email: contact@VGlobalTech.com

I
Private and Confidential Document. No port of fhis document shall be produced, sent  copied to any portfes it is not intended for. It is intended tor the entities listed clearly on this proposa . My distribution without written consent shall be procecuted

6.0 Proposal Acceptance:

To accept these project, associated costs and conditions as listed above please sign and date below.
The VG/oba/Tech proposed solution and terms have been accepted by the customerandthe VG/oba/Tech team can proceed with theproject. Allpaymentsshall be made according to this agreement.

Please Sign and Date, Return to contact@vglobaltech.com:	

For Customer

VB Joshi
For VGlobalTech

Date

Date

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Private and Confidential Document. No part of this document shall be produced. sent. copied to any parties itis not intended for. II is
intended for the entities listed clearly on this proposal. Any distribution without written consent shall be procecuted

7.0 References:

ADA Best Practices Tool Kit for State and Local Governments: https:ljwww.ada.gov/pcatoolkit/chapStoolkit.htm

U.S. Department of Justice, Civil Rights Division, Disability Rights Section
https://www.ada.gov/websites2.htm

Web design Standards: https://www.w3schoo1s.com/

Web Content Accessibility Guidelines (WCAG) https://www.w3.org/TR/WCAG21/

VGlobalTech Web Content Accessibility Implementation and Checkpoints: http://vglobaltech.com/website-compliance/

•

Contact Information: Website: htq:,s://vglobaltech.com Email: contact@VGlobalTech.com
Call: 321-947-7777

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MYRTLE CREEK IMPROVEMENT DISTRICT

ADA Site Compliance
(provided under separate cover)

MYRTLE CREEK IMPROVEMENT DISTRICT

Agreement with Driveway Maintenance, Inc. for Asphalt Repair Services

AGREEMENT BETWEEN THE MYRTLE CREEK IMPROVEMENT DISTRICT AND DRIVEWAY MAINTENANCE, INC., FOR ASPHALT REPAIR SERVICES
THIS AGREEMENT ("Agreement") is made and entered into this _ day of 	.
2019, by and between:

Myrtle Creek Improvement District, a local unit of special-purpose government established pursuant to Chapter l90, Florida Statutes, being situated in City of Orlando, Florida, and whose mailing address is 12051 Corporate Boulevard, Orlando, Florida 32817 (the "District"); and

Driveway Maintenance, Inc., a Florida corporation, with a mailing address ofP.O. Box 6 17585, Orlando, Florida 32861-7585 ("Contractor," together with District the "Parties").

RECITALS

WHEREAS, the District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1 980, as codified in Chapter 190, Florida Statutes (the "Act"), by ordinance adopted by the City of Orlando, Florida; and
WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District bas a need to retain an independent contractor to provide asphalt repair services; and

WHEREAS, Contractor submitted a proposal and represents that it is qualified to provide asphalt repair services and has agreed to provide to the District those services identified in Exhibit A, attached hereto and incorporated by reference herein ("Services"); and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

Now, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Paities agree as follows:

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

SECTION 2. DUTIES. The District agrees to use Contractor to provide the Services in accordance with the terms of this Agreement. The duties, obligations, and responsibilities of the Contractor are described in Exhibit A hereto.
Contractor shall provide asphalt repair services, as described in Exhibit A. The

Services shall include any effort specifically required by this Agreement and Exhibit A reasonably necessary to allow the District to receive the maximum benefit of all of the Services and items described herein and demonstrated in Exhibit A, including but not limited to, the repair, construction, installation, and all materials reasonably necessary. To the extent any of the provisions of this Agreement are in conflict with the provisions of Exhibit A, this Agreement controls.

Services shall commence upon execution of this Agreement and be completed within one hundred and twenty (1 20) calendar days of execution of this Agreement, unless extended in writing by the District in its sole discretion or terminated earlier in accordance with Section 13 herein.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, and regulations.

Contractor shall perform all Services in a neat and workmanlike manner. In the event the District in its sole determination, finds that the work of Contractor is not satisfactory to District, District shall have the right to immediately terminate this Agreement and will only be responsible for payment of work satisfactorily completed and for materials actually incorporated into the Services.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. While providing the Services, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the Services.

Contractor shall report directly to the District Manager. Contractor shall use all due care to protect the property of the District, its residents and landowners from damage. Contractor agrees to repair any damage resulting from Contractor's activities and work within twenty-four (24) hours.

Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Agreement. At completion of the Services, the Contractor shall remove from the site waste materials, rubbish, tools, construction equipment, machinery and surplus materials. If the Contractor fails to clean up as provided herein, the District maydoso and the cost thereof shall be charged to the Contractor.

SECTION 3. COMPENSATION, PAYMENT,AND RETAINAGE.
The District shall pay Contractor Sixty-Six Thousand Nine Hundred and Eighty Dollars ($66,980.00) forthe Services as identified in Exhibit A attached hereto and incorporated herein by reference. Contractor shall invoice the District for the

Services pursuant to the terms of this Agreement. The Disu·ict shall provide payment within thirty (30) days of receipt of invoices. Such amounts include all materials and labor provided for in Exhibit A and all items, labor, materials, or otherwise, to provide the District the maximum benefits of the Services.

If the District should desire additional work or services, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the Patties shall agree in writing to an addendum, addenda, or change order(s) to this Agreement. The Contractor shaJl be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing.

The District may require, as a condition precedent to making any payment to the Contractor, that alJ subcontractors, material men, supp)jers or laborers be paid and require evidence, in the form of lien releases or partial waivers of lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

SECTION 4. WARRANTY. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that aU services and materials shall be of good quality, free from faults and defects, and will conform to the standards and practices for projects of similar design and complexity in an expeditious and economical manner consistent with the best interest of the District. In addition to all manufacturer warranties for materials purchased for purposes of tl1is Agreement, all Work provided by the Contractor pursuant to this Agreement shall be warranted for two (2) yeru·s from the date of acceptance of the Work by the District. Contractor shall replace or repair warranted items to the Disu·ict's satisfaction and in the District's discretion; however the warranty doesn't extend to future damages caused by future root growth. Neither final acceptance of the Work, nor final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or Services. If any of the materials or Services are found to be defective, deficient or not in accordance with the Agreement, Contractor shall correct, remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District.

SECTION 5.	INSURANCE.
The Contractor shall maintain throughout the term of this Agreement the following insurance:

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

Commercial General Liability Insurance covering the Contractor's legal liability for bodily injuries, witb limits of not less than
$ l ,000,000 combined single limit bodily injury and property damage liability, and covering at least the following hazards:

Independent Contractors Coverage for bodily injury and property damage in connection with any subcontractors' operation.

Employer's Liability Coverage with limits of at least $1 ,000,000 (one million dollars) per accident or disease.

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 ofany owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed.

The District, its staff, consultants and supervisors shall be named as additional insured. The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as ce1tified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

If the Contractor fails to have secured and maintained the required insurance, the District has the right but not the obligation to secure such required insurance in which event the Contractor 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 insurnnce.

SECTION 6.	INDEMNIFICATION.

	Obligations under this section 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 comt, on appeal, or in bankruptcy proceedings) as ordered.

Contractor agrees to indemnify and bold harmless the District and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in Section 768.28, Florida Statutes, or other statute.
In no event, however, shall Contractor be Uable for incidental, special, punitive or exemplary damages in connection with this Agreement, even if notice was given of the possibility of such damages and even if such damages were reasonably foreseeable.
SECTION 7. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of the District's sovereign immunity or the District's limits of Liability as set forth in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of lfability or by operation of law.
SECTION 8.	COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall
keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any action of the Contractor or any of its agents, servants, employees, or 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 ofany such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION 9. LIENS AND CLAlMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District's prope1ty free from any materialmen's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor's performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing ofnotice thereof, the District, in addition to any and aJl other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of termination.
SECTION 10.	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, which may include, but notbelimited to, the right ofdamages, injunctiverelief, and/or specific performance. The District 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 District's right to protect its rights from interference by a third party to th.is Agreement.

SECTION 11. CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at aJl 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 District in refraining from so doing; and further, that the failure of the District 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.

SECTION 12. 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.

SECTION 13. TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing thirty (30) days' written notice oftermination to the District stating a failure of the District to perform according to the terms of this Agreement; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days' written notice of termination without cause. Upon any termination of this Agreement, 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 District may have against the Contractor.

SECTION 14. PERMITS AND LICENSES. Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses.

SECTION 15. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other. Any purported assignment without such approval shall be void.

SECTION 16. 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 District 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 ofthe Contractor, ifthere are any, in the performance ofthis Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf ofthe District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this

Agreement.

SECTION 17. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction ofany ofthe provisions ofthis Agreement.

SECTION 18. ENFORCEMENT OF AGREEMENT. In the event that either the District 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 and costs for tlial, alternative dispute resolution, or appellate proceedings.

SECTION 19. AGREEMENT. This instrnment shall constitute the final and complete expression ofthis Agreement between the Pruties relating to the subject matter ofthis Agreement. None of the provisions of Exhibit A shall apply to this Agreement and Exhibit A shall not be incorporated herein, except that Exhibit A is applicable to the extent that it states the scope of services for the labor and materials to be provided under this Agreement.

SECTION 20. 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 Parties.

SECTION 21. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official ofthe Patties, the Parties have complied with all the requirements of law, and the Parties have fuU power and authority to comply with the terms and provisions of this Agreement.

SECTION 22. NOTICES. All notices, requests, consents and other communications under this Agreement ("Notice" or ''Notices") shall be in writing and shaU be hand delivered, mailed by First Class Mail, postage prepaid, or sent by overnight delivery service, to the Parties, as follows:

If to District:

With a copy to:

If to the Contractor:

Myrtle Creek Improvement District 12051 Corporate Boulevard
Orlando, Florida 328 17 Attn: District Manager

Hopping Green & Sams, P.A. 119 S. Monroe Street, Suite 300 Tallahassee, Florida 32301 Attn: District Counsel

Driveway Maintenance, Inc.
P.O. Box 61 7585
Orlando, Florida 32861  7585 Attn: Duncan Jappy

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. (atthe 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 District and counsel for the Contractor may deliver Notices on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the 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 Paities and addressees set forth in th.is Agreement.
SECTION 23. THIRD PARTY BENEFICIARIBS. This Agreement is solely for the benefit of the Parties hereto 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 th.is Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties hereto any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of th.is 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 Parties hereto and their respective representatives, successors, and assigns.
SECTION 24. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in th.is Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper cou1t and venue, which shall be Orange County, Florida.
SECTION 25. COMPLIANCE WITH PuBLIC RECORDS LAWS. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 1 19.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Jennifer Walden ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor 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 1 19, 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 Contractor 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 Contractor'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 Contractor, the Contractor shall destroy any duplicate public records that are exempt orconfidential 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 CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-723-5900,
WALDENJ@PFM.COM, OR AT 12051 Corporate Blvd, Orlando, FL 32817.
SECTION 26. 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 ofthis Agreement, or any part of this Agreement not held to be invalid or unenforceable.
SECTION 27. ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the Parties as an arm's length transaction. The Parties 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.
SECTION 28. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one andthe same instrument. Signature and acknowledgment pages, ifany, may be detached from the counterpaits and attached to a single copy of this document to physically form one document.

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

Attest:

Secretary

(Signature of Witness)

Exhibit A: Scope of Services

MYRTLE CREEK IMPROVEMENT DISTRICT

Chairperson, Board of Supervisors
DRIVEWAY MAINTENANCE, INC.

Duncan Jappy, General Manager

PROPOSAL
Yard: 677 Fairvilla Road • Mail to: P.O. Box 617585 Orlando, Florida 32861-7585
Orlando: (407) 298-8558 • Fax: (407) 298-8588

1 1-191514 

Kissimmee: (407) 870-7578 • Email: Orlando@Driveway.net Web Site: www.Driveway.net

6/4/2019 

Tavistock Development Company 6900 Tavistock Lakes Blvd. �200 Orlando,  FL	32827

ATTENTION:	Stephen Flint

Myrtle Creek Improvement District Lake Nona Blvd.
Orlando, FL 32827

(407) -816-659� 

As per directions to perform the following work:
ASPHALT REPAIR TREE ROOT DAMAGED ASPHALT : 127 AREAS TOTALING 23, 8 50 SF
(Path will be closed for seven days) 
Sawcut root damaged asphalt where required and clean areas to be patched.
Cut and remove any exposed surface roots. 
Clean off existing surface with a power street blower.
Tack area with MS-1 primer tack.
Install concrete fine road base, as needed
Install 1.5 " average overlay using hot plant mixed aspha lt, Type SP 9.5. 
Roll and compact using a dual steel drum vibratory roller .
Broadcast builders sand on newly paved surface to minimize initial scuffing and marking.
Remove and haul away any related debris from site. 
OPTION FOR  ASPHALT PATCHING OFF  WELLSPRING ROAD	$4, 675 . 00
TO CHOOSE THIS OPTION PLEASE CIRCLE & INITIAL (YES/NO)  	
PRICE IF  ALL WORK  IS SIGNED UP	$ 1 , 380 . 00 
TO CHOOSE THIS OPTION PLEASE CIRCLE &  I NITIAL (YES/NO)	_
PAGE   1   OF 2

WstaEtePdRhOePreOinS, Efotrothfuersnuismh loafb: or and material - complete in accordance with above specifications, and subject to conditions
We Accept

WITH PAYMENTS TO BE MADE AS FOLLOWS:	 	

Visa & Mastercard

Nol responsible for any damage to underground utilities.
A Certificate of Insurance will be issued upon request prior to commencement of work. •

ACCEPTED: The above prices, specifications and conditions are satsfactory  and are hereby accepled. You are authorized lo do lhe work as specified. Payment will be made as outlined above.
ACCEPTANCE OF PROPOSAL
OATE OF ACCEPTANCE

PRINT NAME	SIGNATURE

Al material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above  specifications Involving extra cosls, will be executed only upon writtenorders, and will become an extra charge over and above the estimate. All agreements contingent upon str kes, accidenls or delays beyond our control. Owner lo carry fire, lornado and other necessary insurance upon above work. Our workers are covered by Workmen's Compensaton Insurance.
DRIVEWAY MAINTENANCE INC.

X	 	Bryan Wilson	

PROPOSAL
Yard: 677 Fairvilla Road • Mail to: P.O. Box 61 7585 Orlando, Florida 32861-7585
Orlando: (407) 298-8558 • Fax: (407) 298-8588

11 -191514 

Kissimmee: (407) 870-7578 • Email: Orlando@Driveway.net Web Site: www.Driveway.net

6/4/2019 

Tavistock Devel opment Company 6900 Tavistock Lakes Blvd. #200 
Orlando,   FL	32827 ATTENTION :	Stephen Flint.

Myrtle Creek Improvement District Lake Nona Blvd.
Orlando, FL 32827 

(407) -816-659;

ASPHALT PATCHING: Approximately 360 SF
Sawcut and clean areas r.o be patched.
Tack areas with MS-1 primer tack. 
Install hot plant mixed asphalt, Type S- III. 
Roll and compact wit.h a 3-5 ton roller .

*DURING THE MILLING PROCESS ASPHALT IS SUBJECT TO BREAKING LOOSE  THICKER THAN THE SPECIFIED MILLING DEPTH, RESULTING IN THE NEED FOR ADDITIONAL MATERIAL . SHOULD EXCESSIVE REMOVAL OCCUR, THE INCREASED TONNAGE WILL BE BILLED AT A RATE OF $ 1 20 . 00 PER TON IN PLACE .
*NEW PAVEMENT IS SUSCEPTIBLE TO SCUFFING AND MARKS UNTIL IT HAS PROPERLY CU RED . THIS CONTRACTOR WILL NOT BE RESPONSIBLE E"OR POWER STEERING MARKS AND OTHER SURFACE ABRAS IONS AND INDENTAT IONS.
*THIS CONTRACTOR CANNOT GUARANTEE THE ELIMINATION OF STANDING WATER. 
*THIS CONTRACTOR WILL NOT BE RESPONSIBLE FOR DAMAGES CAUSED TO OR BY CARS OR PERSONS TRESPASSING IN DESIGNATED AREAS .
*DUE TO INCREASES IN THE COSTS OF MATERIALS, THIS PRICE CAN ONLY BE GUARANTEED FOR 30 DAYS.
*PERMIT FEES, PROCUREMENT, RECORDS RETRIEVAL, ENGINEERING, AND ANY ADDITIONAL WORK REQUIRED BY THE PERMIT WILL BE AN ADDITIONAL COST TO THIS CONTRACT. 
PAGE   2  OF 2

WstaEtePdRhOerPeOinS, Efotrothfuernsuismh loafb: or and material - complete in accordance with above specifications, and subject to conditions
*	SIXTY F IVE THOUSAND SIX HUNDRED DOLLARS AND 00 CENTS * *		We Accept
Visa & Mastercard
WITH PAYMENTS TO BE MADE AS FOLLOWS:	 	
 	1/ 3 UPON ACCEPTANCE, BALANCE  30 DAYS	
Not responsible for any damage to underground ut lities •
A Certificate of Insurance will be issuedupon request pnorto commencement ofwork. •

ACCEPTED: The above prices, specifications and conditions are sat sfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as ouUined above.
ACCEPTANCE OF PROPOSAL
DATE OF ACCEPTANCE

PRINT NAME	SIGNATURE

All  material  is  guaranteed  to be  as  specified.  All   work is to be  completed  in  a workmanlike manner according to standard practices. Any alteration or deviation from above specifications invo ving extra costs, wil  be  executed  only  upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon str kes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Ourworkers are covered by Wo(kmen's Compensaton Insurance.
DRIVEWAY MAINTENANCE INC.

X	 	Bryan  Wilson	

MYRTLE CREEK IMPROVEMENT DISTRICT

Financial Advisory Agreement

FINANCIAL ADVISORY AGREEMENT

This agreement ("Agreement"), made and entered into this

day of

,

20_, (the "Effective Date") by and between Myrtle Creek Improvement District
("DISTRICT") and PFM Financial Advisors LLC. (hereinafter called ''PFM"), sets forth the terms and conditions under which PFM shall provide services.
WHEREAS, the DISTRICT desires to obtain the services ofa financial advisor to develop and assist in implementing the DlSTRlCT's strategies to meet its current and long-term operations, financial obligations, capital financing needs and render assistance in respect to debt transactions; and
WHEREAS, PFM is capable ofproviding the necessary financial advisory services.
NOW, THEREFORE, in consideration ofthe above mentioned premises and intending to be legally bound hereby, DISTRICT and PFM agree as follows:
SCOPE OF SERVICES

PPM shall provide, upon request ofthe DISTRICT, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance, as applicable and s�t forth in Exhibit A to this Agreement. DISTRICT acknowledges and agrees that most tasks requested b'y DISTRICT will not require all services provided for in Exhibit A and as such the specific scope of services for such task shall be limited to just those services required to complete the task. Any material changes in or additions to the scope of services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement. Services provided by PFM which are not specifically referenced in the scope ofservices set forth in Exhibit A of this Agreement shall be completed as agreed in writing in advance between the DISTRICT and PFM.
Il.	WORK SCHEDULE
The services of PFM are to commence as soon as practicable after the execution of this Agreement and a request by the DISTRICT for such service.
ID.	REGISTERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES

PFM is a registered municipal advisor with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"),
I pursuant to the Securities Exchange Act of 1934 Rule l 5Bal -2. IfDISTRICT has designated PFM as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Bal­
l(d)(3)(vi) (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibit A hereto, subject to any limitations provided herein. PFM shall not be responsible for, or have any liability in connection with, verifying that PFM is independent from any other party seeking to rely on the IRMA exemption (as such independent status is required pursuant to the IRMA exemption, as interpreted from time to time by the SEC). DISTRICT acknowledges and agrees that any reference to PFM, its personnel and its role as
)	)
)	l

IRMA, including in the written representation of DISTRICT required under SEC Rule 15Bal­ l (d)(3)(vi)(B) shall be subject to prior approval by PFM. DISTRICT further agrees not to represent that PFM is DISTRICT's IRMA with respect to any aspect of a municipal securities issuance or municipal financial product, outside of the scope of services without PFM's prior written consent.
MSRB Rules require that municipal advisors make written disclosures to their DISTRICTs of all material conflicts of interest, certain legal or disciplinary events and certain regulatory requirements. Such disclosures areprovided in PFM's Disclosure Statement delivered to DISTRICT together with this Agreement.
IV.	FINANCIAL ADVISORY COMPENSATION
For the services provided under this Agreement, PFM's professional fees shall be paid as provided in Exhibit B to this Agreement and DISTRICT shall pay expenses and fees for other services not set forth in Exhibit A as provided below.
I.	Reimbursable Expenses
In addition to fees for services, PFM will be reimbursed for necessary, reasonable, and documented out-of-pocket expenses incurred, including travel, meals, lodging, telephone, mail, and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing and computer time which are incurred by PFM subject to the limitations ofChapter 11 2.06 1, F.S. Upon request ofDISTRICT, documentation ofsuch expenses will be provided.
2.	Other Services

Any services which are not included in the scope ofservices set forth in Exhibit A ofthis Agreement will be subject to separate, mutually acceptable fee structures.
TERMS AND TERMINATION
This Agreement shall be effective as ofthe Effective Date until August 6, 2024 (the "Initial Term") and shall automatically renew for additional one (1) year periods (each a "Renewal Term" and together with the Initial Term, the "Term"), unless tenninated in writing by either party upon thirty (30) days written notice tothe other party without cause, or immediately upon written notice for good cause. For purposes ofthis Agreement, theterm "good cause" shall include misfeasance, malfeasance, nonfeasance or dereliction ofduties by PFM which, in each case, PFM fails to cure within 10 days of notice thereof. Upon such termination, PFM will be paid for all services performed and costs and expenses incurred up to the termination date.
ASSIGNMENT

ary

Neither party may assign this Agreement or its rights or obligations hereunder without the prior written consent ofthe other party ; provided that upon notice to DISTRICT, (i) PFM may assign this Agreement or any interests hereunder to a municipal advisor entity registered with the SEC that directly or indirectly controls, is controlled by, or is under common control with, PFM, or (ii) to any subsidi or affiliate of PFM or a successor ofPFM in connection with the sale of 
l
Rev. JI.I0.20 18	-2- 

...

all or substantially all ofPFM's assets. Subject to the foregoing, this Agreement shall be binding on the parties hereto and tbeir respective successors and assigns.
INFORMATION TO BE FURNISHED TO PFM
All infonnation, data, reports, and records in the possession ofthe DISTRlCT or any third party necessary for carrying out any services to be performed under this Agreement ("Data") shall be furnished to PFM and the DISTRICT shall, and shall cause its agent(s) to, cooperate with PFM in its conduct ofreasonable due diligence in performing the services, including with respect to the facts that are necessary in its recommendation(s) to the DISTRlCT in connection with a municipal securities transaction or municipal financial product and/or relevant to the DISTRICT's determination whether to proceed with a course of action. To the extent DISTRICT requests that PFM provide advice with regard to any recommendation made by a third party, DISTRICT will provide to PFM written directionto do so as well as any Data it has received from such third party relating to its recommendation. DISTRICT acknowledges and agrees that while PFM is relying on the Data in connection with its provision ofthe services under this Agreement, PFM makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.
NOTICES
All notices given underthis Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addre�sed to the pai:t}' (or whom it is intended, at th� �esignated below. The parties designate the following as the respective places for giving notice, to wit:

MYRTLE CREEK IMPROVEMENT DISTRICT
12051 Corporate Boulevard
Orlando, FL 32817 Attention: District Manager

PFM FINANCIAL ADVISORS LLC
300 South Orange ,-\venue, Suite 1 170
Orlando, FL 32801
Attention: Brent \'{/ilder, Managing Director

With a Copy To:
Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300 Tallahassee, FL 32301
.A.ttention:  T1,1cker irackie

Rw  3 1.11) 2() 18	- 3 -

TITLE TRANSFER
All materials, except functioning or dynamic financial models, prepared by PFM pursuant exclusively to this Agreement shall be the property of the DISTRICT. Subject to the exception described above, upon tennination ofthis Agreement, at DISTRICT's reasonable request no later than three (3) years after the termination of this Agreement PFM shall deliver to the DISTRICT copies ofany materials or documents pertaining to or prepared in accordance with this Agreement.
PFM'S REPRESENTATIVES
Assignment o fNamed Individuals

Professional employees of PFM will provide the services set forth in this Agreement and PFM may, from time to time, supplement or otherwise amend the team members. The individual listed below shall be the engagement manager forthis Agreement.

Hank Fishkind
Kevin Plenzler

Changes in Staff Requested by the DISTRJCT

The DISTRICT has the right to request, forany reason, PFM to replace any memberofthe advisory team. Should the DISTRICT make such a request, PFM shall promptly suggest a substitute for approval by the DISTRJCT.
INSURANCE
PFM shall maintain insurance coverage with policy limits not less than as stated in Exhibit
C.
XIl.	LIMITATION OF LIABILITY
Except to the extent caused by willful misconduct, bad faith, gross negligence or reckless
disregard ofobligations or duties under this Agreement on the part ofPFM or any of its associated persons, neither PFM nor any ofits associated persons shall have liability to any person for (i) any act or omission in connection with the performance of its services hereunder; (ii) any error of judgment or mistake oflaw; (iii) any loss arising out of any issuance ofmunicipal securities, any municipal financial product or any other financial product, or (iv) any financial or other damages resulting from DISTRICT's election to act, or not to act, contrary to or upon any advice or recommendation provided by PFM to DISTRICT.
INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY
PFM, its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners, servants and/or joint venturers of DISTRICT by virtue ofthis Agreement or any actions or services rendered under this Agreement. Nothing in this Agreement is intended or shall be construed to give any person, other

Iler. 31.1(1.2018	-4- 

than the Partieshereto, their successorsand permitted assigns, any legal or equitable rights, remedy or claim under or in respect of this Agreement or any provisions contained herein. 1n no event will PFM be liable for any act or omission of any third party or for any circumstances beyond PFM's reasonable control including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of terrorism, act of civil or military authority, software and/or equipment failure, computer virus, or failure or interruption ofelectrical, telecommunications or other utility services.
APPLICABLE LAW
This Agreement shall be construed, enforced, and administered according to the laws of the State of Florida. PFM and the DISTRICT agree that, should a disagreement arise as to the terms or enforcement of any provision ofthis Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action.
ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between DISTRICT and PPM and may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between DISTRICT and an affiliate of PFM shall not in any way be deemed an amendment or modification of this Agreement. This Agreement supersedes all prior agreements, contracts, arrangements, or communications between the parties with respect to the subject matter addressed herein, whether oral or written. The invalidity in whole or in part of any provision ofthis Agreement shall not void or affect the validity ofany other provision.
EXECUTION; COUNTERPARTS
Each party to this Agreement represents and warrants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. This Agreement may be signed in any number ofcounterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document.

PUBLIC RECORDS DISCLOSURE.
PFM understands and agrees that all documents ofany kind provided to the DISTRICT in connection with this Agreement may be public records, and, accordingly, PFM agrees to comply with all applicable provisions ofFlorida 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 PFM Group Consulting LLC ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the PFM shall I) 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 allowthe records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 1 19, 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 lawforthe duration ofthe Agreement term and following the Agreement term ifthe PFM does nottransfer the records to the Public Records Custodian ofthe DISTRICT; and 4) upon

Rev. 3 1. 111.2018	- 5 -

completion ofthe Agreement, transfer to the DISTRICT, at no cost, all public records in PFM'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 PFM, the PFM 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.

[Signature Page Follows]

Rn. .11.l11.2UIK	- 6 -

IN WITNESS THEREOF, the DISTRICT and PFM have executed this Agreement as of the day and year herein above written.

MYRTLE CREEK IMPROVEMENT DISTRICT

By:		­ Name:----------
Title:   -----------
Date: --	---------

PFM FINANCIAL ADVISORS LLC

By:	­
Name: Brent Wilder Title: Managing Director
Date: ------

Re, . _ll. 10.211 18	- 7 -

EXHIBIT A SCOPE OF SERVICES

l.	Services related to the Financial Planning and Policy Development upon request of the DISTRICT:
Assist with the formulation ofthe DISTRJCT's special assessment methodology or similar security for debt issuance in consultation with the Dl STRICT's counsel, consulting engineer, bond counsel, and other consultants and professionals.
Assist the DISTRICT in the formulation of Financial and Debt Policies and Administrative Procedures.

•

•
•
•

•

•

Ile,·. J 1. 10.2018

Review current debt structure, identifying strengths and weaknesses ofstructure so that future debt issues can be designed to maximize ability to finance future capital needs. This will include, but not be limited to, reviewing existing debt for the possibility ofrefunding that debt to provide the DISTRICT with savings.
Analyze future debt capacity to detennine the DISTRICT's ability to raise future debt capital.
Assist the DISTRICT in the development ofthe DISTRICT's Capital Improvement Program by identifying sources ofcapital funding.
Assist the DISTRICTwiththe development ofthe DISTRICT's financial planning efforts and process by assessing capital needs, identifying potential revenue sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing, short-term vs. long-term financings, assessments, user fees, impact fees, developer contributions, public/private projects, and grants and provide analysis of each alternative as required as to the budgetary and financial impact.
Review the reports of accountants, independent engineers and other project feasibility consultants to ensure that such studies adequately address technical, economic, and financial risk factors affecting the marketability of any proposed revenue debt issues; provide bond market assumptions necessary for financial projections included in these studies; attend all relevant working sessions regarding the preparations, review and completion ofsuch independent studies; and provide written comments and recommendations regarding assumptions, analytic methods, and conclusions contained therein.
Develop, manage and maintain computer models for long-term capital planning which provide for inputs regarding levels ofnon-ad valorem special assessment and other revenues growth rates by revenue and expenditure item, timing, magnitude and cost of debt issuance, and project operating and capital balances, selected operating and debt ratios and other financial performance measures as may be determined by the DISTRICT.

- 8 -

Conduct strategic modeling and planning and related consulting.
Attend meetings with DISTRICT's staff, consultants and other professionals and the DISTRICT.
Undertake financial planning and policy development assignments made by the DISTRICT regarding financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs.
Assist the DISTRICT in preparing financial presentations for public· hearings and/ or referendums.
Provide special financial services as requested by the DISTRICT.
Services Related to Debt Transactions (Includes short term financings, notes, loans, letters of credit, line of credit and bonds); provided that if the transaction is competitive, the services ofthe financial advisor wiIJ reflect that process. Upon the request ofthe DISTRICT:

•
•
•

•
•
•
•
•
•

Kc,·. 31. IIJ.20111

Analyze financial and economic factors to determine if the issuance of bonds is appropriate.
Develop a financing plan in concert with DISTRICT's staff which would include recommendations as to the timing and number ofseries ofbonds to be issued.
Assist the DISTRICT by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination ofthe best bid. In the event ofa negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection.
Advise as to the various financing alternatives available to the DISTRICT.
Develop alternatives related to debt transaction including evaluation of revenues available, maturity schedule and cash flow requirements.
Evaluate benefits ofbond insurance and/or security insurance for debt reserve fund.
If appropriate, develop credit rating presentation and coordinate with the DISTRICT the overall presentation to rating agencies.
Review underwriter's proposals and submit a written analysis of same to the DISTRICT.
Assist the DISTRICT in the procurement ofother services relating to debt issuance such as printing, paying agent, registrar, etc.

- 9 -

Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond indentures, resolutions or other governing documents regarding security, creation ofreserve funds, flow offunds, redemption provisions, additional parity debt tests, etc.; review and comment on successive drafts ofbond governing documents.

Reviewthe requirements and submit analysis to bond insurers, rating agencies and other professionals as they pertain to the DISTRICT's obligation.
Review the terms, conditions and structure of any proposed debt offering undertaken by the DISTRICT and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability.

Coordinate with DISTRICT's staffand other advisors as respects the furnishing of data for offering documents, it being specifically understood that PFM is not responsible for the inclusion or omission of any material in published offering documents.

As applicable, advise the DlSTRICT on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations.

Assist and advise the DISTRICT in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make recommendations regarding a proposed offering to obtain the most favorable financial terms based on existing market conditions.

Arrange for the closing of the transaction including, but not limited, to bond printing, signing and final deHvery of the bonds.
Assist and advise the DISTRICT with investment of proceeds ofdebt offerings
Special Services. Upon request ofthe DISTRICT:
PFM may provide other services which shall include, but not be limited to, the following:

Impact fee financial analysis
Rate analysis
Management analysis
.+.	Referendum assistance
Legislative initiatives
Project assessment analysis
Implementation ofrevenue enhancement programs
Investment advisory services (services to be provided by an affiliate of PFM under separate agreement between the DISTRICT and such affiliate))

Rn·. 31.1 0.2018

- 10 -

Arbitrage and rebate services (services to be provided by an affiliate of PFM under separate agreement between the DISTRICT and such affiliate)
Financial analysis ofprojects being developed by engineer/architect studies
Negotiate on behalfofthe DISTRICT for proposed projects
Development ofoperation and maintenance assessment methodologies

Re,·. 31.102018

- 11 -

Description

EXHIBIT B
COMPENSATION FOR SERVICES (NEGOTIABLE)

Unit Price

TRANSACTIONAL FEE SCHEDULE

A. Conventional Long-Term Fixed Rate Debt	Investment Grade	Grade	
Up to $25 Million	$1.00/$1,000	$1.00/$1,000	
$25 Million up to $50 Million	$0.85/$1,000	$1.00/$1,000	
Over $50 Million up to $75 Million	$0.75/$1,000	$0.85/$1,000	
Over $75 Milliq_n	$0.50/ $1,000	$0.75/$1,000	

Non-investment

Above Fees Subject To: Minimum
Maximum

$20,000.00
$125,000.00

$25,000.00
$200,000.00

Additional Fee - Refunding Transaction	$ N/A (excluding escrow structuring if
requested)
Notes, Including but not Limited to TANS and RANS $15,000.00'
1Fee for investment grade, publicly offered issues; fee for private pl acement or non-investment grade public offering will be negotiated prior to the sale.
NON-TRANSACTIONAL FEE SCHEDULE
Assessment Methodology Reports and Assessment Consultation
The fee for assessment methodology services associated with debt issuances will be negotiated with the District on a deal by deal basis.

O&M assessment methodology fee
Professional Fees
Managing Director
Senior Managing Consultant (other senior staff) Senior Analyst (Analyst)
Administrative Staff

Re,·. 31.I0.2018	- 12 -

$7,500

$300.00/ Hour
$250.00/ Hour
$150.00/ Hour
$0.00	/ Hour

Out of Pocket Expenses
Not to Exceed

$2,000.00 per Issue*

Travel Lodging Meals Postage Telephone Copies Printing

At Cost At Cost At Cost At Cost At Cost
0.10 Black & White; 0.50 for Color
0.10 Black & White; 0.50 for Color

*PFM also offers a flat "overhead" fee of $1,500 per financing to cover all typical expenses (copies, printing, in state travel, etc). Both structures exclude New York and other out of state travel, which is billed at cost.
Other Services
In addition to advising on bond transactions, PFM is often called upon to perform many additional duties. These may include structuring and implementation of the refunding escrow, debt service reserve and debt service payment fund investment structuring, arbitrage rebate compliance, investment agreement and float contract bidding, investment liquidation, interest rate swap pricing and implementation, and other related services. These services would be provided via separate contract with the appropriate PFM related entity such as PFM Asset Management, LLC. If needed or required under this proposal, these services are subject to a separate fee to be negotiated in advance at the time ofthe service. PFM fully discloses all fees related to any transaction.

R�'"- 31.10.2018	- 13 -

EXHIBIT C INSURANCE

PFM Financial Advisors LLC. ("PFM") has a complete insurance program, including property, casualty, comprehensive general liability, automobile liability and workers compensation. PFM maintains professional liability and fidelity bond coverages which total $30 million and $10 million, respectively. PFM also carries a $10 million cyber liability policy.
Our Professional Liability policy is a"claimsmade" policy and our General Liability policy claims would be made by occurrence.
Deductibles/SIR:
Automobile $250 comprehensive & $500 collision Cyber Liability $50,000
General Liability $0
Professional Liability (E&O) $1,000,000 Financial Institution Bond $75,000
Insurance Company & AM Best Rating
Professional Liability (E&O)	Endurance American Specialty lnsurance; (A+; XV)
XL Specialty Insurance Company; (A; XV) Continental Casualty Company; (A; XV)
Starr Indemnity & Liability Company; (A; XIV)

Financial Institution Bond Cyber Liability
General Liability Automobile Liability Excess /Umbrella Liability Workers Compensation
& Employers Liability

Re,·. .,1. 10.2018

Federal Insurance Company; (A++; XV) Indian Harbor Insurance Company (A; XV)
Great Northern Insurance Company; (A++; XV) Federal Insurance Company; (A++; XV) Federal Insurance Company; (A++; XV)
Great Northern Insurance Company; (A++; XV)

- 14 -

MYRTLE CREEK IMPROVEMENT DISTRICT

FY 2020 Budget
(provided under separate cover)

MYRTLE CREEK IMPROVEMENT DISTRICT

,.

Operation & Maintenance Expense Assessment Methodology Report

0

pfm
OPERATION & MAINTENANCE EXPENSE ASSESSMENT METHODOLOGY REPORT FOR
MYRTLE CREEK IMPROVEMENT DISTRICT
FISCAL YEAR 201 9-2020

July 2019

Prepared for:

Members of t�e Board of Supervisors, Myrtle Creek Improvement District

Prepared on July 16, 2019

PFM Financial Advisors LLC
12051 Corporate Boulevard
Orlando, FL 32817

0

OPERATION & MAINTENANCE EXPENSE ASSESSMENT METHODOLOGY REPORT FOR
MYRTLE CREEK IMPROVEMENT DISTRICT FISCAL YEAR 201 9-2020
July 16, 2019

Introduction
Purpose
The Myrtle Creek Improvement District ("Myrtle Creek" or "District'' or "Myrtle Creek ID") was established in 2001. The District encompasses approximately 732 acres within the City of Orlando. The District has completed its master capital improvement plan ("CIP") for the development planned within the District. The District currently provides for the operation and maintenance ("O&M) of certain capital improvements. These O&M expenses are funded via the collection of an annual non-ad valorem specia assessments. As the District's O&M responsibilities vary over time, the District's O&M expenses may vary on an annual basis to meet the District's needs.
This Operation and Maintenance Expense Assessment Methodology Report ("O&M Methodology Report") provides a methodology to allocate the annual O&M expenses among the residential development, non-residential development and vacant acres within the District that receive a special benefit from operation and maintenance activities undertaken by the District.
The methodology described herein allocates the District's annual O&M expenses to properties based upon the benefits each receives from the infrastructure program. This report is designed to conform to the requirements of Chapters 190 and 170, F.S. with respect to special assessments and is consistent with PFM Financial Advisors LLC ("PFM FA" or "Assessment Consultant") understanding of Florida law on this subject.

0
Background

The Board of Supervisors ("Board") of the District previously approved Resolution 2019-06 on May 21, 2019 which included the Myrtle Creek Community Development District Proposed Budget for Fiscal Year 2020 ("2019-2020 O&M Budget").

Purpose

The lands within the District have undergone substantial development since 2001. It is appropriate for the District to refine the methodology for both its current O&M operations associated with existing development within the District as well as outline the methodology regarding O&M expenses associated with the forecasted development within the District. This O&M Methodology Report is associated with the 2019-2020 Budget, but the methodology utilized herein can serve as a basis for allocation of future years operations and maintenance assessments to the extent the assumptions herein remain unchanged.

This O&M Methodology Report contains the recommended O&M assessment methodology ("O&M Methodology") to be used for allocating the District's Fiscal Year 2019-2020 O&M Budget, also, for the allocation of O&M assessments in future years. Table 1 summarizes the 201 9-2020 O&M Budget on a net basis as well as on a gross basis. The estimated gross assessment is based on the proposed 2019- 2020 O&M Budget, and it includes a 4% gross up for an allowance for early payment of assessments.

3

0
Table 1. Myrtle Creek Fiscal Year 2019-2020 O&M Budget
General & Administrative	s	138,700.00
Legislative	$	12,000.00
Financial & Administrative	$	126,700.00
Field Operations	s	863,970.70
Electric Utility Services	$	1,500.00
Water-Sewer Combination Services	$	25,000.00
Stormwater Control	$	10,160.00
Other Physical Environment	$	571,890.48
Wellspring Blvd./Performance Drive
Expenses	$	5,000.00
Interchange Maintenance Expenses	$	11 2,893.55
New Operational Field Expenses	$	80,000.00
Road & Street Facilities	$	25,000.00
Parks & Recreation	$	20,000.00
Reserves	$	12,526.67
Less
DeveloperContribution	$	47,956.00
Interest Income	$	8,000.00
TOTAL (O&M on Roll)	$	946,714.70
GROSS(O&M on Roll)	$	986,161.15
Source: Myrtle Creek ID Proposed Budget for Fiscal Year2020

Requirements of a Valid Assessment Methodology

In PFM FA's experience, there are two primary requirements for special assessments to be valid under Florida law. First, the properties assessed must receive a special benefit from the improvements paid for via the assessments. Second, the assessments must be fairly and reasonably allocated to the properties being assessed. If these two characteristics of valid special assessments are adhered to, Florida law provides some latitude to legislative bodies, such as the District's Board of Supervisors, in approving special assessments. Indeed, Florida courts have found that the mathematical perfection of calculating special benefit is likely impossible. Our research suggests that only if the District's Board was to act in an arbitrary, capricious, or grossly unfair fashion would its assessment methods be overturned.

4

0
Assessment Methodology

Overview

The assessment methodology is a process by which the District will allocate the costs associated with its O&M activities to properties in the District benefiting from the activities. The allocation is based upon the benefits that each property receives.

Allocation of Annual O&M Budget

The District has previously issued special assessment bonds to fund a portion of its CIP. As most of the District's annual O&M expenses relate to the O&M of capital improvements funded through the issuance of special assessment bonds, it is appropriate to use the equivalent residential unit ("ERU") values assigned to land uses for purposes of allocating bond debt service assessments for capital improvements. These EAU units have been approved by the Board as representative of the proportionate benefit conferred on properties due to the implementation of the District's CIP. The ERU values assigned to properties within the District are found in Table 2. The EAU values shown in Table 2 have also been used by the District as the basis for allocating annual O&M expenses. This structure has served the District well and is reasonable to continue the use of these EAU values as the foundation for the allocation of O&M expenses amongst the District's property owners. As shown in Table 2, the District includes or is forecast to include the following land uses and associated ERU values.

It's important to note that the District is still in the development process, and includes vacant developable acres, and the District has yet to finalize its full set of land uses, especially as it relates to the non­ residential development within the District. Each developable vacant acre at this time is given an ERU value of 1 .0. As the developable vacant lands are platted and developed, the residential units, commercial square footage and/or other development on these lands will be assessed consistent with the ERU values established within the O&M methodology.

5

0

Residential	Units	ERU Value/Unit	ERUs	
SF · Medium	352	1 .00	352.0	
SF· Large	284	1 .07	303.9	
SF • Estate Homes	144	1 .73	249.1	
Duplex		0.85	333.2	
Townhome	258	0.85	219.3	
Multi-Family (apts)	278	0.31	86.2	
Subtotal			1,543.7	
Non-Residential Tennis Courts (units)	Units · SOFT
102	ERU Value/Unit	ERUs	
Training, Admin, Dorm Structures	128.06	0.65	83.2	
USTA Stadium (seats)	0	0.45	0.0	
USTAFL Facility	9.65	0.38	3.7	
USPTA Faci lity		0.38		
Corporate Training Rooms	0	0.25	0.0	
Hotel Rooms	0	0.40	0.0	
Village Walk @ Lake Nona	4.41	1 .00	4.4	
Subtotal			140.8	
Vacant Acreage
Lake Nona Land Co LLC	Acreage	ERU Value/Unit	ERUs	
Adventist Health System/Sunbelt Inc.	99.0
6.5	1.00
1 .00	99.0
6.5	
Lake Nona Land Co LLC	125.1	1 .00	125.1	
Lake Nona Land Co LLC	0.2	1 .00	0.2	
Adventist Health System/Sunbelt Inc.	8.4	1 .00	8.4	
Lake Nona Land Co LLC	11 .3	1 .00	11 .3	
KPMG		1 .00		
Lake Nona Land Co LLC	2.8	1 .00	2.8	
Lake Nona Land Co LLC	20.9	1 .00	20.9	
USTA	5.0	1 .00	5.0	

Table 2. Myrtle Creek Existing and Forecast Land Uses and EAU Values

0.45

9.33

3.5

54.9

Subtotal	334.2
  TOTAL		 	2,018.6 
Source: Myrtle Creek ID and Tavistock Development Company 'Commercial SOFTd vided by 1,000 to facilitategeneralionof EAU value
..Village Walk @ lake Nona is an HOA Property (cannot be placed on roll)

With respect to O&M activities, it is reasonable that each unit rece ves a benefit from the community­ wide O&M activities. As a result, the annual O&M budget is allocated on an EAU basis. Table 3 summarizes the allocation of the 2019-2020 O&M Budget in total and on an EAU basis.

6

0
Table 3. Summary of Annual O&M Assessments - Fiscal Year 2019-2020

	ERU			Categor� in		
	Unit	Value/	Total	Gross	Gross O&M eer	
Parcel ID	Residential Product T�ee	Count	Unit	ERU's	Assessments	Unit (FY19-20l	
Individual Parcel	SF - Medium	352	1 .00	352.0	$171 ,965	$488.54	
IDs will be	SF• Large	284	1 .07	303.9	$148,456	$522.73	
provided for each	SF - Estate Homes	144	1 .73	249.1	$121 ,704	$845.17	
residential unit as	Duplex	392	0.85	333.2	$162,780	$415.26	
available in the	Townhome	258	0.85	219.3	$107,136	$415.26	
data	Multi-Family (apts)	278	0.31	86.2	$42,102	$151 .45	
Subtotal			1,543.7	$754,143		
				O&M eer		
				Catego!}'. in		
	SOFT* or			Gross	Gross O&M eer	
Parcel ID	Nonresidential	Units	 			Assessments	Unit (FY19-20}	
302414496401000	Tennis Courts (units)	102	0.45		$22,424	$219.84	
302414496401000	Training, Admin, Dorm Structures	128.06	0.65	83.2	$40,667	$317.55	
302414496401000	USTA Stadium (seats)	0	0.45	0.0	$0	$0.00	
302414496500001	USTAFL Facility	9.65	0.38		$1,792	$1 85.64	
302414496500002	USPTA Facility	9.33	0.38		$1 ,732	$1 85.64	
302413497101 000	Corporate Training Rooms	0	0.25	0.0		$0.00	
TBD	Hotel Rooms	0	0.40	0.0		$0.00	
302413833601000	Village Walk @ Lake Nona"		1.00		$2,154	$488.54	
	Subtotal			140.8	$68,769		
					O&M eer		
					Categor� in		
						Gross	Gross O&M eer	
Parcel ID	Vacant Acreage	Acreage			Assessments	Unit (FY1 9-20)	
302413000000002	Lake Nona Land Co LLC	99 0	1.00	99.0	$48,365	$488.54	
302413493501000	Adventist Health System/Sunbelt Inc.	6.5	1.00		$3,195	$488.54	
302424000000003	Lake Nona Land Co LLC	127.1	1 .00	125.1	$61,116	$488.54	
31241 8000000006	Lake Nona Land Co LLC	0.2	1.00	0.2		$488.54	
312418468901000	Adventist Health System/Sunbelt Inc.	8.4	1.00	8.4	$4,113	$488.54	
302424493902000	Lake Nona Land Co LLC	11 .3	1 .00	11 .3	$5,525	$488.54	
302413497101000	KPMG	54.9	1 .00	54.9	$26,821	$488.54	
302414496502000	Lake Nona Land Co LLC	2.8	1.00	2.8	$1 ,383	$488.54	
302414496504000	Lake Nona Land Co LLC	20.9	1.00	20.9	$10,191	$488.54	
302414496401000	USTA	5.0	1.00	5.0		$488.54	
	Subtotal			334.2	$163,249		
	TOTAL			2,018.6	$986,161		

O&M eer

Property Appraiser

$2,443

Source: Myrtle Creek ID
'Commerc al SQFTdivided by 1 ,000to faci itate generation of EAU value "Village Wa k @ Lake Nona is an HOA Property (cannol be placedon roll)

MYRTLE CREEK IMPROVEMENT DISTRICT

Operation and Maintenance Expenditures ·Paid in June 2019 in an amount totaling $62,361.70

MYRTLE CREEK IMPROVEMENT DISTRICT
DISTRICT OFFICE • 12051 CORPORATE BLVD • ORLANDO, FL 32817 PHONE: (407) 382-3256 • FAX: (407) 382-3254

Operation and Maintenance Expenditures
For Boru·d Approval
Attached please find the check register listing Operations 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:	$62,361.70

Approval of Expenditures:

Chairman Vice Chairman
_ Assistant Secretary

7/4/19	Myrtle  Creek Improvement District	Page: 1

Check No.	

Date	

Status•	

Vendor ID 	Check Dates: 6/1/2019 to 6/30/2019
Pa:i:ee Name	Amount	
BANK ID: SUN - CITY NATIONAL BANK	001-101 -0000-00-01	
3542	06/03/19	p	DONMC	Donald W. McIntosh Associates		$382.35	
	06/03/19	p	ORLSEN	Orlando Sentinel		$70.41	
3544	06/07/19	p	ALLEN	Allen E Smith Ranch & Farming		$800.00	
	06/07/19	p	BVLS	BrightView Landscape Services		$3,873.00	
3546	06/07/19	p	HGS	Hopping Green & Sams		$2,991.89	
3547	06/07/19	p	ORLSEN	Orlando Sentinel		$196.25	
3548	06/17/19	p	AWC	Aquatic Weed Control, Inc.		$325.00	
	06/17/19	p	BVLS	BrightView Landscape Services		$19,562 50	
3550	06/17/19	p	DAC	Digital Assurance Certificatio		$1,500.00	
3551	06/17/19	p	DONMC	Donald W. McIntosh Associates		$9,734.32	
3552	06/17/19	p	FMULCH	Florida Mulch		$2.468.64	
3553	06/17/19	p	GAi	Gai Consultants		$700.00	
3554	06/17/19	p	MLM	Michael's Lighting & Electric		$81.25	
	06/17/19	p	PFMGC	PFM Group Consulting		$3,333.33	
3556	06/17/19	p	TRUSTE	US Bank as Trustee for Myrtle	D�b+- St rviit	$9,216.65	
3557	06/17/19	p	VENTUR	VenturesIn.com		$105.00	
3558	06/20/19 	p	DONMC	Donald W. McIntosh Associates		$4,363.75	
3559	06/20/19 	p	ORLSEN	Orlando Sentinel		$74.16 	
3560	06/27/19	p	FISH	Fishkind & Associates, Inc.		$38.06	
					BANK SUN REGISTER TOTAL:	$59,816.56	
					GRAND TOTAL	$59,816.56	
				
DS			

1:41:13 PM	AP Check Register (Current by Bank)

3543

3555

et ,.c ovl

Check Status Types: "P" • Printed ; "M" - Manual ; "V" • Void ( Void Date ); "A" - Application; "E" - EFT
.. Denotes broken check sequence.

Amanda Lane

From: Sent: To:
Cc:

Larry Kaufmann <lkaufmann@tavistock.com> Wednesday, May 1, 2019 1 0:39 AM
Amanda Lane; Damon Ventura; AccountsPayable Diana Garcia

Subject:	RE: Myrtle Creek - FR #25

EXTERNAL EMAIL: Use care with links and attachments.
Myrtle Creek Funding Request #25 is approved for processing.

KOS
Kaufmann Development Services, LLC Larry Kaufmann, PE
(407) 448-6592
LKaufmann@tavistock.com

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, April 26, 2019 2:51 PM
To: Damon Ventura <dventura@tavistock.com>; AccountsPayable <accountspayable@tavistock.com>
Cc: Larry Kaufmann <lkaufmann@tavistock.com>
Subject: Myrtle Creek - FR #25

EXTERNAL E-MAIL
Please see attached for Myrtle Creek FR #25 for $452.76. Amanda Lane
Assistant Chief District Accountant PFM Group Consulting LLC
407.723.5900 - main number// 407.723.5901 - fax
844.736.4233 II 844.PFM.4CDD
12051 Corporate Blvd. I Orlando, FL 32817 LaneA@pfm.com
Please note my new email address and phone number, effective March 7, 2019

1

MYRTLE CREEK IMPROVEMENT DISTRICT

Funding Request #025
4/26/2019
Item No.
Donald W McIntosh Associates

Payee

Invoice Number

36364

General Fund

$	382.35

Project 23217 (Lake Nona Myrtle Creek) Through 02/22/2019
Orlando Sentinel
Legal Advertising (Ad: 6204663 ; Reference: OSC5522018) Split 3 Ways

Myrtle Creek Improvement District c/o Fishkind & Associates
12051 Corporate Boulevard
Orlando, FL 32817

0055220 18000

TOTAL

$	70.41

$	452.76

Amanda Lane

From:
Sent:
To:
Cc:
Subject: Attachments:

Larry Kaufmann <lkaufmann@tavistock.com> Monday, May 6, 2019 9:51 AM
Amanda Lane
Damon Ventura; Jeffrey Newton Qjnewton@dwma.com); Jennifer Walden; Lynne Mullins FW: Myrtle Creek - FR #26
MCID FR #026.pdf

EXTERNAL EMAIL: Use care with links and attachments.
Funding Request #026 is approved for processing.

KOS
Kaufmann Development Services, LLC Larry Kaufmann, PE
(407) 448-6592
LKaufmann@tavistock.com

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, May 3, 2019 5:26 PM
To: Damon Ventura <dventura@tavistock.com>; AccountsPayable <accountspayable@tavistock.com> Cc: Larry Kaufmann <lkaufmann@tavistock.com>
Subject: Myrtle Creek - FR #26
EXTERNAL E-MAIL
Please see attached for Myrtle Creek FR #26 for $1 2,256.1 8. Amanda Lane
Assistant Chief District Accountant PFM Group Consulting LLC
407.723.5900 - main number II 407.723.5901 - fax 844.736.4233 II 844.PFM.4CDD
12051 Corporate Blvd. I Orlando, FL 32817 LaneA@pfm.com
Please note my new email address and phone number, effective March 7. 2019

MYRTLE CREEK IMPROVEMENT DISTRICT

Funding Request #026
5/3/20 19
Item	Payee
No.

Donald W McIntosh Associates
Project 23217 (Lake Nona Myrtle Creek) Through 03/22/2019 Wellspring Drive Engineering Services Through 03/22/2019 Performance Drive Ph 3 Engineering Services Through 03/22/2019
Florida Mulch
Wellspring Drive Mulch & Soil Conditioner Installation
Gai Consultants
Performance Drive Ph 3 Services Through 04/13/2019

Myrtle Creek Improvement District c/o Fishkind & Associates
12051 Corporate Boulevard
Orlando, FL 32817

Invoice Number

36471
36473
36481

105653

21 37330

TOTAL

General Fund

$	254.34
$  2,760.00
$  6,073.20

$  2,468.64

$	700.00

$ 12,256.18

Amanda Lane
From: Sent: To:
Cc:

Larry Kaufmann <lkaufmann@tavistock.com> Saturday, May 11, 2019 10:19 AM
Amanda Lane; Damon Ventura; AccountsPayable Diana Garcia

Subject:	RE: Myrtle Creek - FR #27

EXTERNAL EMAIL: Use care with links and attachments.

MCID Funding Request #27 is approved for processing.

KOS
Kaufmann Development Services, LLC Larry Kaufmann, PE
(407) 448-6592
LKaufmann@tavistock.com

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, May 10, 2019 5:42 PM
To: Damon Ventura <dventura@tavistock.com>; AccountsPayable <accountspayable@tavistock.com> Cc: Larry Kaufmann <lkaufmann@tavistock.com>
Subject: Myrtle Creek - FR #27

EXTERNAL E-MAIL
Please see attached for Myrtle Creek FR #27 for $3,1 63.00. Amanda Lane
Assistant Chief District Accountant PFM Group Consulting LLC
407.723.5900 - main number // 407.723.5901 - fax 844.736.4233 // 844.PFM.4CDD
1 2051 Corporate Blvd. I Orlando, FL 32817 LaneA@pfm.com
Please note my new email address and phone number, effective March 7, 2019

1

MYRTLE CREEK IMPROVEMENT DISTRICT

Funding Request #027
5/10/2019 
Item	Payee
No.
1	BrightView Landscape Services
Wellspring Drive May Landscaping Maintenance

Myrtle Creek Improvement District c/o Fishklnd & Associates
12051 Corporate Boulevard
Orlando, FL 32817

Invoice Number

6284909

TOTAL

General Fund

$  3,163.00

$  3,163.00

Amanda Lane

From: Sent: To:
Cc:
Subject:

Larry Kaufmann <lkaufmann@tavistock.com> Sunday, May 19, 2019 11:00 AM
Amanda Lane; Damon Ventura; AccountsPayable Diana Garcia
RE: Myrtle Creek - FR #28

EXTERNAL EMAIL: Use care with links and attachments.

Myrtle Creek Funding Request #28 is approved for processing.

KOS
Kaufmann Development Services, LLC Larry Kaufmann, PE
(407) 448-6592
LKaufmann@tavistock.com

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, May 17, 2019 4:28 PM
To: Damon Ventura <dventura@tavistock.com>; AccountsPayable <accountspayable@tavistock.com> Cc: Larry Kaufmann <lkaufmann@tavistock.com>
Subject: Myrtle Creek - FR #28

EXTERNAL E-MAIL
Please see attached for Myrtle Creek FR #28 for $4,437.91 . Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com j phone 407.723.5900  I  fax 407.723.5901	web pfm.com 1 2051 Corporate Blvd. I Orlando, FL 32817

MYRTLE CREEK IMPROVEMENT DISTRICT

Funding Request #028
5/1712019
Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Donald W McIntosh Associates
Wellspring Drive & Performance Drive Engineering Services Through 04/19/2019	
36586	
$ 4,363.75	
2	Orlando Sentinel
Construction Legal Advertising (Ad: 6240348 ; Reference: OSC6189817)	
6189817000	
$	74.16	
		TOTAL	$ 4,437.91	

Myrlie Creek lmprolll!ment Dls!rlcl c/o F1shktnd & Associales
12051 Corporate Boulevard
Ortando. FL 32817

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #397
5/31/2019

Item	Payee	Invoice	General
No.	Number	Fund
Allen E Smith Ranch & Farming
Oak Tree Removal	4050	s	800.00
BrightView Landscape Services
Spring Flower Rotation	6324988	$  1,662.50
Controller #4 Repairs	6350667	s	497.50
Controller #2 Repairs	6350669	s	536.00
Controller#3 Repairs	6350670	$	517.00
Controller #4 Repairs	6350675	s	660.00
Hopping Green & Sams
General Counsel Through 04/30/2019	107557	S  2,991.89

Orlando Sentinel
Legal Advertising on 05/14/2019 (Ad

6247335)	006514501000	s	196.25

TOTAL	$ 7,861.14

�L,J/M,,(.\1 Ut1 /;q__,
Secretary/Assistant Secretary	Chairperson

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #398 617/2019
Item
No.

Payee

Invoice Number

General
Fund

Aquatic Weed Control June Waterway Service

/	/.

Boggy Creek Improvement District .
May ICM Expenses	fl	C;r, /,11. i!...	VJ {I/J 111
BrightView Landscape Services June Landscape Maintenance
Digital Assurance Certification Annual Dissemination Fees

36665

ICM2019-08

6344997

43804

$	325.00

$ 7,917,72

S 15,207.00

S 1,500.00

--- E.k»:ida-Mulc�
��ttleh·ins- t-alla4ieA-

6	Michael's Lighting & Electric
Ni;ht Lighting Check on 05/31/2019

fd

7	ouc	{)11 /t� e	ftJ/;1;/11 
Acct: 4782400001 ; Service 05/02/2019 - 06/03/2019 
8	VenturesIn.com
J..r,..; Application Hosting

9240

44594

TOTAL

Chairperson

S	81.25

$ 3,844.07

$	105.00

,$,34;44-8-:6- S-
Z 8', q 8'0. 0 '-t

RECF.:1VEO JUN 1 0 �GlQ

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #399
6/14/2019
Item No.

Payee

Invoice Number

General Fund

BrightView Landscape Services
Irrigation Repairs Irrigation Repairs
Donald W McIntosh Associates
Engineering Services Through 05/1 7/2019
PFM Group Consulting
DM Fee: June 201 9

tary/Assistant Secretary

6358515
6358516

36690

DM-06-2019-0038

TOTAL

Chairperson

S	575.00
S	617.50

$	646 78

$ 3,333.33

$  5,172.61

MYRTLE CREEK IMPROVEMENT DISTRICT

Payment Authorization #400 6/2112019
Item No.
1	Fishkind & Associates

Payee

Invoice Number

General Fund

Conference Call Reimbursables

24514

TOTAL

Chairperson

$	38.06

$	38.06

MYRTLE CREEK IMPROVEMENT DISTRICT

Operation and Maintenance Expe·nditures Paid in July 2019 in an amount totaling $42,840.58
(provided under separate cover)

MYRTLE CREEK IMPROVEMENT DISTRICT

Recommendation of
Work Authorizations/Proposed Services
(if applicable)

MYRTLE CREEK IMPROVEMENT DISTRICT

District's Financial Position and Budget to Actual YTD

Revenues

Myrtle Creek Improvement District
Statement of Activities As of 6/30/2019

General Fund	Debt Service

Capital Projects Fund

General Long­ Term Debt

Total

On-Roll Assessments	$491 ,063.47	$491,063.47	
Developer Contributions	46,950.64	46,950.64	
Other Income & Other F nancing Sources	1 .32	1 .32	
Inter-Fund Transfers In	54,321.28	54,321 .28	
On-Roll Assessments		$1 ,333,707.04	1,333,707.04	
Other Assessments		41 ,201.34						41,201 .34	
Developer Contributions				$90,746.23				90,746.23	
Inter-Fund Transfers In				(54,321.28)				(54,321.28)	
Total Revenues	$592,336.71	$1 ,374,908 38		$36,424.95		$0.00		$2,003,670.04	

Expenses

Supervisor Fees	$7,000.00	$7,000.00	
Public Officials' Liability Insurance	3,25000	3,250.00	
Trustee Services	8,072.63	8,072.63	
Management	29,999.97	29,999.97	
Engineering	12,914.28	12,914.28	
Dissemination Agent	1 ,750.00	1 ,750.00	
Property Appraiser	1 ,432.00	1,432.00	
District Counsel	16,481.99	16,481.99	
Assessment Administration	7,500.00	7,500.00	
Aud t
Travel and Per Diem	3,923.00
79.70	3,923.00
79.70	
Telephone	180.62	180.62	
Postage & Shipping	90.24	90.24	
Copies	391 .50	391.50	
Legal Advertising	3,090.20	3,090.20	
Property Taxes	123.22	123.22	
Web Site Maintenance	964.99	964.99	
Holiday Decorations	1 ,246.00	1 ,246.00	
Dues, Licenses, and Fees	1 75.00	175.00	
Electric	632.58	632.58	
Entiy Lighting	136.39	136.39	
Water Reclaimed	21,271.16	21,271.16	
Aquatic Contract	2,1 75.00	2,1 75.00	
General Liability Insurance	3,723.00	3,72300	
Irrigaton	52,844.1 1	52,844.11	
Landscaping Maintenance & Material	170,635.67	170,635.67	
Flower & Plant Replacement	46,827.70	46,827.70	
Contingency	4,355.00	4,355.00	

Page 1  of 2

Myrtle Creek Improvement District Statement of Activities
As of 6/30/2019

	Projects Fund	Term Debt		
IME - Aquatics Maintenance	2,367.26				2,367.26	
IME - Irrigation	2,730.43				2,730.43	
IME - Landscaping	52,774.51				52,774.51	
IME - Lighting	1,797.28				1 ,797.28	
IME - Miscellaneous	2.377.00				2,377.00	
IME - Water Reclaimed	649.00				649.00	
Entry and Wall Maintenance	5,417.00				5,417.00	
Streetlights	9,008.44				9,008.44	
Principal Payments		$71 5,000.00			71 5,000.00	
Interest Payments		635,600.00			635,600.00	
Engineering			$83,609. 14		83,609.14	
District Counsel			117 .50		117.50	
Legal Advertising			1 ,339.89		1 ,339.89	
Contingency			97,235.59		97,235.59	
Total Expenses	$478,38687	S1 ,350,600.00	$1 82,302.12	$000	$2,011 ,288.99	

General Fund	Debt Service	Capital	General Long-	Total

Other Revenues (Ex(;!enses} & Gains {Losses}

Interest Income
Interest Income	$4,647.85		
$1 9,754.91						S4,647.85
19,754 91		
Interest Income					$4,520.18				4,520.18		
Tota Other Revenues (Expenses) & Gains (Losses)	$4,647.85		$1 9,754.91		$4,520.18		S0.00		$28,922.94		
Change In Net Assets	$11 8,597.69		$44,063.29		{$141 ,356.99)		$0.00		$21,303.99		

Net Assets At Beginning Of Year	
$375,099.83		
$1,166,705.94		
$394,577.78		
SO.OD		
$1 ,936,383.55		

Net Assets At End Of Year	
$493,697.52		

$1,210,769.23		

S253,220.79		
so.co		
$1 ,957,687.54		

Page 2 of 2

Myrtle Creek Improvement District
Statement of Financial Position As of 6/30/2019

Projects Fund	Term Debt

General Fund	Debt Service	Capital	General Long-	Total

Assets
Current Assets
General Checking Account	$146,549.99								$1 46,549.99	
Money Market Account	176,790.04								176,790.04	
State Board of Administration	3,913.93								3,913.93	
Accounts Receivable • Due from Developer	66,941.28								66,941.28	
Deposits	4,300.00								4,300.00	
General Reserve	133,464.59								133,464.59	
Due From Other Funds			$9,216.65						9,216.65	
Debt Service Reserve			342,640.84						342,640.84	
Revenue			838,238.06						838,238.06	
Prepayment			20,673.68						20,673.68	
Acquisition/Construction					$397,1 03.35				397,1 03.35	
Total Current Assets	$531,959.83		$1,21 0,769.23		$397,1 03.35		S0.00		$2,139,832.41	

Investments
Amount Available in Debt Service Funds				$1,201 ,552.58	$1,201 ,552.58	
Amount To Be Provided				16,81 3,447.42	16,81 3,447.42	
Total Investments	$0.00	$0.00	$0 00	$18,01 5,000.00	$18,01 5,000.00	

Total Assets	$531 ,959.83	$1,210,769.23	$397, 1 03.35	$18,01 5,000.00	$20,1 54,832.41

Current Liabilities	Liabilities and Net Assets		
Accounts Payable	$1 8,035.80						$18,035.80	
Due To Other Governmental Units	6,956.51						6,956.51	
Deferred Revenue	13,270.00						13,270.00	
Accounts Payable			$53,671.28				53,671.28	
Retainage Payable			36,540.00				36,540.00	
Deferred Revenue			53,671 28				53,671 28	
Total Current Liabilities	$38,262.31	S0.00		$143,882.56		$0,00		$182, 144,87	

Long Term Liabilities								
Revenue Bonds Payable • Long-Term							$18,01 5,000.00		$18,01 5,000.00	
Total Long Term Liabilities	$0.00		$0.00		$0.00		$18,01 5,000.00		$18,015,000.00	
Total Liabilities	$38,262.31		,ooo		$143,882.56		$18,0t 5,000.00		$18,197,144.87	

Net Assets
Net Assets, Unrestricted	

$1 ,271 ,568.72								

$1,271,568.72	
Current Year Net Assets, Unrestricted	54,321.28								54,321.28	
Net Assets · General Government	(896,468.89)								(896,468.89)	
Current Year Net Assets · General Government	64,276.41								64,276.41	
Net Assets, Unrestricted			$1,166,705.94						1,1 66,705.94	
Current Year Net Assets, Unrestricted			44,063.29						44,063.29	
Net Assets, Unrestricted					($417,951 .06)				(417,951 .06)	
Net Assets, Unrestricted					812,528.84				812,528.84	
Current Year Net Assets, Unrestricted					(141 ,356.99)				(141 ,356.99)	
Total Net Assets	$493,697.52		$1,21 0,769.23		$253,220.79		$0,00		$1 ,957,687.54	
Total Liabilities and Net Assets	$531,959.83		$1,21 0,769.23		$397, 103.35		$18,01 5,000.00		$20,154,832.41	

Myrtle Creek Improvement District
Budget to Actual
For the Month Ending 06/30/2019 

FY 2019

Revenues

YTD Actual	YTD Budget	YTD Variance	Adopted
Budget

On-Roll Assessments	$	491,063.47	$	369,537.12	$	121 ,526.35	$ 492,716.16
Developer Contributions	46,950.64	46,950.64
Other Income & Other Financing Sources	1.32	1.32
Money Market Reserve	21 ,034.85	195,268.08	(1 74,233.23)	260,357.44

Net Revenues	s	559,050.28	s	564,805.20	s	
General & Administrative ExQenses Legislative

s 753,073.60

Supervisor Fees	$	7,000.00	$	9,000.00	$	(2,000.00)	$	12,000.00
Financial & Administrative
Public Officials' Liability Insurance		3,250.00		2,681.25	568.75	3,575.00		
Trustee Services		8,072.63		1 ,500.00	6.572.63	2,000.00		
Management		29,999.97		30,000.00	(0.03)	40,000.00		
Engineering								
Distr ct Engineering		7,031.78		3,750.00	3,281.78	5,000.00		
Wellspring Engineering		5,882.50			5,882.50			
Dissemination Agent		1 ,750.00		3,750.00	(2,000.00)	5,000.00		
Property Appraiser		1 .432.00		2,250.00	(818.00)	3,000.00		
District Counsel		16,481.99		15,000.00	1 ,481.99	20,000.00		
Assessment Administration		7,500.00		5,625.00	1 ,875.00	7,500.00		
Audit		3,923.00		2,981.25	941.75	3,975.00		
Arb trage Calculation				675.00	(675.00)	900.00		
Travel and Per Diem		79.70		375.00	(295.30)	500.00		
Telephone		180.62		375.00	(1 94.38)	50000		
Postage & Shipping		90.24		375.00	(284.76)	500.00		
Copies		391.50		1,500.00	(1,1 08.50)	2,000.00		
Legal Advertising		3,090.20		3,750.00	(659.80)	5,000.00		
Bank Fees				37.50		50.00		
Miscellaneous				3,750 00	(3,750.00)	5,000 00		
Property Taxes		123.22		56.25	66.97	75.00		
Web Site Maintenance		964.99		937.50	27.49	1 ,250.00		
Holiday Decorations		1 ,246.00			1 ,246.00			
Dues, Licenses, and Fees		175.00		131.25		175.00		
Total General & Administrative Expenses	s	98,665.34		s	88,500.00	s	10,165.34	s 11 8,000.00		

Page 1 of 3

Myrtle Creek Improvement District
Budget to Actual
For the Month Ending 06/30/2019

FY 2019

YTD Actual	YTD Budget	YTD Variance	Adopted
Budget
Field Operations Electric Utility Services
Electric	$	632.58	$	750.00	$	(11 7.42)	$	1, 000.00
Entry Lighting	136.39	375.00	(238.61)	500.00
Water-Sewer Combination Services
Water Reclaimed	21,271.16	7,500.00	13,771 .16 	10,000.00	
Stormwater Control
Aquatic Contract	
2,175.00	
3,870.00	
(1 ,695.00)	
5,160.00	
Lake/Pond Repair Reserve		3,750.00	(3,750.00)	5,000.00	
Other Physical Environment
General Liability Insurance	
3,723.00	
3,750.00	
(27.00)	
5,000.00	
Property & Casualty Insurance		1.1 25.00	(1. 125.00)	1, 500.00	
Auto Insurance		562 50	(562.50)	750 00	
Irrigation					
District Irrigation	20,447.61	22,500.00	(2,052.39)	30,000.00	
Reserve Irrigation (Controller Replacement)	27,743.00		27,743.00		
Wellspring Irrigation	4,653.50		4,653.50		
Landscaping Maintenance & Material					
District Landscap ng	136,902.49	136,863.00	39.49	182,484.00	
Gateway Road Landscaping	2.797.54		2,797.54		
Wellspring Landscaping	30,935.64		30,935.64		
Tree Trimming		30,000.00	(30,000.00)	40,000.00	
Flower & Plant Replacement					
District Flower & Plant Replacement	28,078 70	82,500.00	(54,421.30)	110,000.00	
Wellspring Flower & Plant Replacement	18,749.00		18,749.00		
Contingency	4,355.00	17,569,73	(13,214.73)	23,426.31	
Hurricane Cleanup		11 ,250.00	(11 ,250.00)	15,000.00	

Page 2 of 3

Myrtle Creek  Improvement District
Budget to Actual
For the Month Ending 06/30/201 9

Interchange Maintenance Expenses	
YTD Actual	
YTD Budget	
YTD Variance	FY 2019
Adopted Budget	
IME - Aquatics Maintenance	2,367.26	2,504.25	(1 36.99)	3,339 00	
IME - Irrigation	2,730.43	23,625.00	(20,894.57)	31, 500.00	
IME - Landscaping	52,774.51	57,916.22	(5, 141.71)	77,221.62	
IME - Lighting	1 ,797.28	1 5,000.00	(1 3,202.72)	20,000.00	
IME - M scellaneous	2,377.00		2,377.00		
IME - Water Reclaimed	649.00	2,362.50	(1,71 3.50)	3,150.00	
New Operational Field Expenses					
Trail Benches				
Crosswalk Improvements	12,387.00	(1 2,387.00)	16,516.00	
Road & Street Facilities					
Entry and Wall Maintenance	5,417.00	7,500.00	(2,083.00)	10,000.00	
Streetlights	9,008.44	9,000.00	8.44	12,000.00	
Parks & Recreation					
Personnel Leasing Agreement	15,000.00	(15,000.00)	20,000.00	
Reserves					
Infrastructure Capital Reserve		7,625.00	(7,625.00)	10,1 66.67	
Interchange Maintenance Reserve		1 ,770.00	(1 ,770.00)	2,360.00	
Total Field Operations Expenses	s	379,721.53	s	477,055.20	s	(97,333.67)	s 636,073.60	
Total Expenses	s	
478,386.87	s	
565,555.20	s	{87I168.33)	s	
754,073.60	
Income (Loss) from Operations	s	80,663.41	s	(750.00)	s	81,413.41	s	(1,000.00)	
Other Income {Ex12ense}
Interest Income	s	
4,647.85	s	
750.00	
$	
3,897.85	s	
1 ,000.00	
Total Other Income (Expense)	  s	4,647.85		s	750.00		s	3,897.85	$	1 ,000.00	
Net Income (Loss)	

  s	85,311.26		  s			

  s	85,311 .26	s		

Page 3 of 3

Myrtle Creek Improvement District
Budget to Actual
For the Month Ending 06/30/2019

	Oct-18	Nov-1 8

$	s 8.02268
3.163.00

19,96267	1 ,072.18
S  23,125.67	s   9,094.86

$	800.00	$	800.00
3.25000	.
8,072.63
3,333.33	3,333.33	Oec-1 8

S   288,399.36
16.636.00
1.32

$ 305,036.68

$	800.00

3,333.33	Jan-19

s  75,733.53
-

s  75,733.53

s	800.00	Feb 19

$ 85,542.34
3,163.00

S   88,705.34

$      1 ,000.00	Mar-19

$  17,236.55
3,68950

.
$ 20,926.05

$   1,000.00

.
3,333.33	Apr-19

$   5,891.25
8,168 00

S  14,059.25

$     1 00000

3333.33	May-19

$    7,872.02
3,739.50

$  11,611.52

s	800.00	Jun-19

$	2,36574
8,391.64

s   10,757 38

$

3,333.33	YTD Actual	
									
$ 491 ,063.47	
									46,95064	
									1.32	
									21 ,034.85	
									$ 559,050.28	
									
$ 7000.00	
									3,250.00	
									8,07263	
I		458 50

1,432 00

7,50000
.	.
.
9.31
.	11 .88
31.37
54.00
256.92

.	123.22
105.00	105.00

175 00
S   15,420.25	S 14,431 24	971.50

2,565.10

32.29
28.05
13.17
142.50

105.00
1,246.00

s	9,236.94	593.50

250.00

2.376.50

.
9.22
22.11 
12.59
58.50
196.25

124.99

$	7,776.99	706.00

1,250.00

2,514.89

2,023.00

14.44
23.98
4.93
136.50
196.25

105.00

$   11 ,308.32	

2,289.13

1,900 00

4 64

28.18

781 92

.

105 00

s   9,442.20	595.50
3,122.50
(1 250 00)

1,631 .49

24.75

1.462.61

105.00

$ 10,025.18	3,060.00
2,760.00

5,104.88

9 80
31.79

196.25

105.00
.
.
$  15,401.05	646.78

1,500.00

38 06

105,00

$	5,623.17	7,031.78	
									5 882.50	
									1.750.00	
									1.432.00	
									16 481.99	
									7,500.00	
									3,923.00	
									.	
									79.70	
									180.62	
									90.24	
									391.50	
									3,090.20	
									
123 22	
									964.99	
									1,246.00	
									175.00	
									$ 98,665.34	

Revenues
On-Roll Assessments Developer Contributions
Other Income & Other Financ ng Sources
Money Markel Reserve Net Revenues
General &Administrative Expenses
Legislative Supervisor Fees
Financial & Administrative

3,33333

3,33333

29,999.97

Public Officials' Liabilty Insurance Trustee Services
Management Engineering
Dislricl Engineering Wellspring Engineering
Disseminaton Agent Property Appraiser District Counsel
Assessment Administration Audit
Arb trage Calc.u alion Travel and Per Diem Telephone     Postage & Shipping Copies
Legal Advertising Bank Fees Miscellaneous Property Taxes
Web Site Maintenance Holiday Decorations Dues, Licenses, and Fees
       	
Total General & Administrative Expenses

Page 1 ol 3

Myrtle Creek Improvement District
Budget to Actual
For the Month Ending 06/30/2019

Field Operations
Electric Utility Services

Oct-18	Nov-18

Dec-18	Jan-19	Feb-19

Mar-19	Apr 19	May-19	Jun-19	YTD Actual

E eclrc	$	$	78 69	$	79 60	$	79.93	$	79.41	$	78 37	$	7983	$	78.69	$	78.06	$	632.58	
Enlry Lighting	15.67	16.09	17.44	17.55	17.13		17 33	17 44	136 39	

Water-Sewer Combination Services
Water  Reclaimed
Stormwaler Control
Aquatic Contract Lake/Pond  Repair Reserve

General Liablll!y Insurance Properly & Casualty Insurance Auto Insurance
Irrigaton	3,723.00

'	-	3,723.00
-	
District lrngallon
Reserve Irrigation (Conlroller Replacement)	329.25	1,287.27	4.498.16	77 50
-	764.00
16,645.80	3,124 50
11,097.20	4,825.63	5,541 .30	20,447 61
27,743.00	
Wellspring Irrigation	-	-	2459.00	1,419.00	249.00	4,653.50	
Landscapng Maintenance & Material										
District Landscap ng	15,207.00	15,207.00	15,207.00	15207.00	15 ,207.00	15,207 00	15,246.49	15,207.00	15,207.00	136,902.49	
Gateway Road Landscaping	-							2,758.05		2,797.54	
Wellspring Landscaping	3 163.00	3,163.00	3,163.00	3,163.00	3,1 63,00	3,163.00	3,1 6300	5,631.64	3,163.00	30,935.64	
Tree Trimming
Flower & Plant Replacement						.					
District Flower& Plant Replacement	7.639.10	4,31 1.00		6,465.90	-	9662.70		28,078.70	
		 			6,349.00	2,090.00	18,749.00	

Other Physical Environment

4,158 99

-	650.00
-

3,063.44	3,021.66	2,851.94

22500

1,499.46	1240.33	2,735.34	2,700.00	21.271.16

32500	325.00	325.00	325.00	2,175.00
-

52650

-

Wellspring Flower& Plant Replacement Contingency
Hurricane Cleanup

10,310 00

-

-
-

2,950.00

-	1,405.00	4,355.00
.	-

Page 2 ol 3

Myrtle Creek Improvement District
Budget to Actual
For the Month Ending 06/30/2019

Interchange Maintenance Expenses	Oct-18	Nov-18	Oec 18	Jan-19	Feb-19	Mar-19	Apr-19	May-19	Jun-19	YTO Actual	
IME • Aquatics Maintenance		526.05	263.03	26303	263.03	263.03	263.03	26303	263,03	2.367,26	
IME • Irrgation			9.45	517 61	294,13		1,837.58		71,66	2,730.43	
IME • Landscap ng	6,435.14	6,435 14	6,435.14	6,435.14	6,435.14	7,728.53		6,435.14	6,435.14	52,774.51	
IME • Lighling	86.00	229,66	175,63	92.45	661.73	358.23	69.55	60.95	6308	1,797.28	
IME • Miscellaneous			1,107.54	228 38				1,041.08		2,377.00	
IME • Water Reclaimed		83.46	124.32	81.29	96.94	27.39	73.46	78 03	84.11	649.00	
New Operational Field Expenses Trail Benches
Crosswalk Improvements
Road & Street Facilities		
Entry and Wall Maintenance							5,000.00	417.00	5.417.00	
Streetlights	1,1 14.76	1,11 4.76	1,048.57	1,129 82	1.211 .07	1.129.82	1.129 82	1.129 82	9,008.44	
Parks & Recreation
Personnel Leasing Agreement Contingency
Infrastructure Capital Reserve	.
Interchange Maintenance Reserve
Total Field Operations Expenses	$ 28,943.39	S 50,898.79	s 35,070.00	s 34,653.66	S 40,444.59	S 47,288.01	$ 40,126.53	S 64,422.43	s 37,874.13	S 379 721.53
Total Expenses	S 44,363.64	$ 65,330.03	$  44,306.94	s 42,430.65	S 51,752.91	S 56.730,21	$ 50,151.71	$ 79,823.48	$  43,497.30	S 478,386.87
Income (Loss) from Operations	S (21,237.97)	S (56,235.17)	$ 260,729.74	s 33,302.88	$ 36,952.43	S (35,804.16)	S (36,092.46)	$ (68,211.96)	$ (32,739.92)	$ 80,663.41
Other Income(Expense)
Interest Income	$	16.45	$	16 58	$	564.14	$	19,62	$	27 16	$   3.328.44	$	40.01	$	37 21	$	598.24	$	4,647.85
Total Other Income (Expense)	$	16.45	$	16.58	s	564.14	s	19.62	s	27.16	s  3,328.44	s	40.01	s	37.21	$	59824	s	4,647.85
Net Income (Loss)	$ (21,221.52)	S (56,218.59)	$ 261,293.88	$   33,322.50	S 36,979.59	S (32,475.72)	$ (36,052.45)	$ (68,174 75)	$ (32.141.68)	s 85,311.26

Page 3 or 3

Myrtle Creek Improvement District FY 2019
Cash Flow Analysis

Beg.Cash	FV18 Inflows

10/1/2018	3,335.47	245,865.0_6
11/1/2018	2,001.07	27,308.95
12/1/2018	1,738.80
1/1/2019	208,492.36
2/1/2019	246,294.99
3/1/2019	274,235.18
4/1/2019	232,398.89
5/1/2019	203,740.02
6/1/2019	186,113.23
7/1/2019	146,549.99

FY 19 Totals	273,174.01

FV18 Outflows	FV19 Inflows	FV19 Outflows
(240,227.53)	23;126.74	(30,098.67)
(28,608.95)	39,860:94	(38,823.21)
(8,159.89)	1,259,899.65	(1,044,986 20)
137,622.72	(99,820.09)
287,376.97	(259,436.78)
91,694.64	(133,530 93)
65,297.59	(93,956.46)
97,936.58	(115,563.37)
32,015.11	(71,578.35)
59,913.50

(276,996.37)	2,094,74444	(1,887,794.06)

As of 07/05/2019

  End. Cash	

2,001.07
1,738.80
208,492.36
246,294.99
274,235.18
232,398.89
203,74002
186,113.23
146,549.99
206,463.49 as of 07/05/2019

Myrtle Creek Improvement District Construction Tracking - early July

Series20 16 Bond Issue
Original Construction Fund	$
Additions (Interest, Transfers from DSR, etc.) Cumulative Draws Through Prior Month

Amount

513,425.32
215,067.46
(331,389.43)

Construction Funds Available Requisitions This Month
Total Requisitions This Month

$	3971,

$

0 3.35

Funds Remaining

Committed Funding

$	397,103.35

Performance Drive Phase 3 • August bid and October NTP	$
Total Committed	$

INet Uncommitted

Ju y 5, 2019

-- ---

397. 103.35 1