Channing Park Community Development District · 5/14/2019 · On a Motion by Mr. Basso, seconded by Ms. Giove, with all in favor, the Board of Supervisors approved the Minutes of

Channing Park Community Development District

Board of Supervisors’ Regular Meeting

May 14, 2019

District Office: 9428 Camden Field Parkway

Riverview, Florida 33578 813.533.2950

www.channingparkcdd.org

CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT AGENDA

Channing Park Recreation Center located at

17358 Chelsea Downs Circle Lithia, FL 33547 Board of Supervisors Michael Basso Chairman

Steven Kelly Vice Chairman Robin Giove Asst. Secretary

Gary Randolph Sr. Asst. Secretary Vacant Asst. Secretary District Manager Justin Croom Rizzetta & Company, Inc. District Attorney Jere Earlywine Hopping Green & Sams,

P.A. Interim Engineer Trent Stephenson Waldrop Engineering

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

The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three (3) minutes to make comments during this time. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting / hearing / workshop by contacting the District Manager at (813)533-2950. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) 1-800-955-8770 (Voice), who can aid you in contacting the District Office. A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.

CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT DISTRICT OFFICE • 9428 CAMDEN FIELD PARKWAY • RIVERVIEW, FL 33578

www.channingparkcdd.org

Board of Supervisors May 10, 2019 Channing Park Community Development District

REVISED AGENDA Dear Board Members:

The Regular meeting of the Board of Supervisors of the Channing Park Community Development District will be held on Tuesday, May 14, 2019 at 4:00 p.m. at the Channing Park Recreation Center, located at 17358 Chelsea Downs Circle, Lithia, Florida 33547. The following is the agenda for this meeting:

BOARD OF SUPERVISORS MEETING:

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

A. Consideration of Resolution 2019-01, Designating Officers of the District ..............................................................Tab 1 B. Consideration of the Minutes of the Board of Supervisors’ Regular Meeting held on August 14, 2018 ..............................Tab 2

C. Consideration of Operations & Maintenance Expenditures for August 2018 through March 2019 ...........................................Tab 3

4. STAFF REPORTS A. District Counsel B. District Engineer C. District Manager 5. BUSINESS ITEMS

A. Presentation of Proposed Budget for Fiscal Year 2019/2020 ...............................................................................Tab 4 1. Consideration of Resolution 2019-02, Approving Proposed Budget and Setting Public Hearing ....................Tab 5 B. Acceptance of Modification of Professional District Services Agreement ................................................................Tab 6 C. Consideration of Insurance Renewal Proposal for Fiscal Year 2018-2019 ............................................................Tab 7 D. Presentation of Arbitrage Report for Series 2007 From LLS Tax Solutions ..........................................................Tab 8 E. Consideration of Proposals for Arbitrage Report for Series 2018 .............................................................................Tab 9 F. Discussion regarding ADA Website Compliance.....................Tab 10

6. SUPERVISOR REQUESTS 7. ADJOURNMENT

Channing Park Community Development District May 14, 2019 Revised Final Agenda

We look forward to seeing you at the meeting. In the meantime, if you have any

questions, please do not hesitate to call us at (813) 533-2950.

Sincerely,

Justin Croom Justin Croom

District Manager

Tab 1

RESOLUTION 2019-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT APPOINTING AND REMOVING OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Channing Park Community Development District (hereinafter the

“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Hillsborough County, Florida; and

WHEREAS, the Board of Supervisors of the District desires to appoint and remove Officers of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT:

Section 1. _________________________ is appointed Chairman. Section 2. _________________________ is appointed Vice Chairman. Section 3. _________________________ is appointed Assistant Secretary. _________________________ is appointed Assistant Secretary. _________________________ is appointed Assistant Secretary. _________________________ is appointed Assistant Secretary. Section 4. This Resolution supersedes any prior appointments made by the Board

for Chairman and Vice-Chairman. Section 5. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 14th DAY OF MAY 2019.

CHANNING PARK COMMUNITY

DEVELOPMENT DISTRICT

____ CHAIRMAN / VICE CHAIRMAN

ATTEST: __ SECRETARY / ASSISTANT SECRETARY

Tab 2

CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT August 14, 2018 Minutes of Meeting

Page 1

1

MINUTES OF MEETING 2

3

Each person who decides to appeal any decision made by the Board with respect to 4

any matter considered at the meeting is advised that the person may need to ensure 5

that a verbatim record of the proceedings is made, including the testimony and 6

evidence upon which such appeal is to be based. 7

8

CHANNING PARK 9

COMMUNITY DEVELOPMENT DISTRICT 10

11

The Regular meeting of the Board of Supervisors of the Channing Park 12

Community Development District was held on Tuesday, August 14, 2018 at 4:17 p.m. at 13

the Channing Park Recreation Center, located at 17358 Chelsea Downs Circle, Lithia, 14

Florida 33547. 15

16

Present was: 17

18

Michael Basso Board Supervisor, Chairman 19

Steven Kelly Board Supervisor, Vice Chairman 20

Robin Giove Board Supervisor, Assistant Secretary 21

22

Also present were: 23

24

Christine Perkins District Manager, Rizzetta & Company, Inc. 25

Wesley S. Haber District Counsel; Hopping Green & Sams (via 26

phone) 27

Gary Randolph Sr. Resident 28

29

FIRST ORDER OF BUSINESS Call to Order 30

31

Ms. Perkins called the meeting to order and read the roll call. 32

33

SECOND ORDER OF BUSINESS Audience Comments 34

35

There were no audience comments. 36

37

THIRD ORDER OF BUSINESS Discussion of Board Supervisor 38

Appointments for Vacant Seats #1 & 39

#3 40

41

On a Motion by Mr. Basso, seconded by Mr. Kelly, with all in favor, the Board of Supervisors approved to appoint Gary Randolph Sr. to Seat # 1 for the Channing Park Community Development District.

42

Mr. Randolph Sr. read the Oath of Office into the record, and affirmatively 43

accepted compensation for his role as a Board Supervisor. Mr. Haber reviewed the 44

Florida Sunshine Laws, guidelines pertaining to public records requests, requirements 45

for retaining social media postings and communications, the Code of Ethics for Public 46

Officers and Employees, and requirements of communicating conflicts of interest. 47


Page 2

48

FOURTH ORDER OF BUSINESS Consideration of the Minutes of the 49

Board of Supervisors’ Regular 50

Meeting Held on April 10, 2018 51

52 On a Motion by Mr. Basso, seconded by Mr. Kelly, with all in favor, the Board of Supervisors approved the Minutes of the Board of Supervisors’ Regular Meeting held on April 10, 2018 as presented for the Channing Park Community Development District.

53

FIFTH ORDER OF BUSINESS Consideration of the Minutes of the 54

Board of Supervisors’ Special 55

Meeting Held on April 25, 2018 56

57 On a Motion by Mr. Basso, seconded by Ms. Giove, with all in favor, the Board of Supervisors approved the Minutes of the Board of Supervisors’ Special Meeting held on April 25, 2018 as presented for the Channing Park Community Development District.

58

SIXTH ORDER OF BUSINESS Consideration of Operation & 59

Maintenance Expenditures for March 60

2018 through July 2018 61

62

Discussion ensued pertaining to Mr. Stephenson’s recent resignation from 63

Waldrop Engineering, as well as associated invoices generated by Waldrop. The 64

consensus of the Board was to not accrue further expenditures pertaining to 65

engineering for any of the work that Mr. Stephenson had previously completed and was 66

to present. Mr. Basso inquired about the annual arbitrage rebate invoice and the timing 67

of the audit. Mr. Kelly and Ms. Giove expressed their desire to clarify the 68

documentation of learning from the Waldrop invoices and be provided with additional 69

clarity on services rendered. 70

71

72

SEVENTH ORDER OF BUSINESS Staff Reports 73

74

A. District Counsel 75

Mr. Haber had no report. 76

77

B. District Engineer 78

1. Discussion Regarding the District’s Stormwater Management System 79

80

Ms. Perkins communicated updates that she had received from Mr. 81

Stephenson prior to his departure, as he had communicated that the 82

stormwater system pipes had been videotaped and found to have had no 83

obstruction, as well as were built to code. Mr. Stephenson had also 84

mentioned that the Enclave community was discharging into the creek and 85

On a Motion by Mr. Basso, seconded by Mr. Kelly, with all in favor, the Board of Supervisors approved the Operation and Maintenance Expenditures for March 2018 ($6,104.34), April 2018 ($6,933.92), May 2018 ($4,753.67), June 2018 ($4,909.83), and July 2018 ($9,881.67), as presented for the Channing Park Community Development District.


Page 3

not into the District’s system. Mr. Kelly questioned the accuracy of Mr. 86

Stephenson’s comments, and expressed his desire for clarification. Ms. 87

Perkins communicated that she would work with Waldrop Engineering to 88

obtain answers to each of the Board members questions, as the Board 89

could additionally hold a special meeting as desired to revisit the topic of the 90

stormwater management system. 91

92

C. District Manager 93

Ms. Perkins communicated the next meeting regular meeting will be held on 94

May 14, 2019 at 4:00 p.m. 95

96

EIGHTH ORDER OF BUSINESS Public Hearing on Fiscal Year 2018-97

2019 Final Budget & Imposing Special 98

Assessments 99

100

On a Motion by Mr. Randolph Sr., seconded by Mr. Basso, with all in favor, the Board of Supervisors approved to open the Public Hearing on the Fiscal Year 2018-2019 Final Budget & Imposing Special Assessments for the Channing Park Community Development District.

101

1. Presentation of the Fiscal Year 2018-2019 Final Budget 102

103

Ms. Perkins presented the Fiscal Year 2018-2019 final budget for the 104

Board’s review. 105

106

2. Consideration of Resolution 2018-04, Adopting Fiscal Year 2018-2019 Final 107

Budget 108

109

On a Motion by Mr. Basso, seconded by Mr. Randolph Sr., with all in favor, the Board of Supervisors adopted Resolution 2018-04, Adopting Fiscal Year 2018-2019 Final Budget for the Channing Park Community Development District.

110

3. Consideration of Resolution 2018-05, Imposing Special Assessments & 111

Certifying an Assessment Roll 112

113

On a Motion by Mr. Basso, seconded by Ms. Giove, with all in favor, the Board of Supervisors adopted Resolution 2018-05, Imposing Special Assessments & Certifying an Assessment Roll for the Channing Park Community Development District.

114

On a Motion by Mr. Randolph Sr., seconded by Mr. Basso, with all in favor, the Board of Supervisors approved to close the Public Hearing on the Fiscal Year 2018-2019 Budget & Imposing Special Assessments for the Channing Park Community Development District.

115

116

117

118

119


Page 4

120

NINTH ORDER OF BUSINESS Presentation of Registered Voter 121

Count 122

123

Ms. Perkins presented the registered voter count to the Board, which was 727. 124

125

TENTH ORDER OF BUSINESS Presentation of Arbitrage Series 2007 126

from LLS Tax Solutions 127

128

On a Motion by Mr. Basso, seconded by Mr. Kelly, with all in favor, the Board of Supervisors accepted the Arbitrage Series 2007 Report from LLS Tax Solutions for the Channing Park Community Development District.

129

ELEVENTH ORDER OF BUSINESS Ratification of Fiscal Year 2016-2017 130

Audit 131

132

On a Motion by Mr. Kelly, seconded by Mr. Basso, with all in favor, the Board of Supervisors ratified the Fiscal Year 2016-2017 Audit for the Channing Park Community Development District.

133

TWELFTH ORDER OF BUSINESS Consideration of Resolution 2018-06, 134

Setting the Fiscal Year 2018-2019 135

Meeting Schedule 136

137

On a Motion by Mr. Basso, seconded by Ms. Giove, with all in favor, the Board of Supervisors adopted Resolution 2018-06, Setting the Fiscal Year 2018-2019 Meeting Schedule for the Channing Park Community Development District.

138

THIRTEENTH ORDER OF BUSINESS Consideration of Resolution 2018-07, 139

Declaring Vacancies (Exhibit A) 140

141

On a Motion by Mr. Basso, seconded by Mr. Randolph Sr., with all in favor, the Board of Supervisors adopted Resolution 2018-07, Declaring Vacancies for the Channing Park Community Development District.

142

FOURTEENTH ORDER OF BUSINESS Supervisor Requests 143

144

Mr. Kelly inquired about the process of cutting trees from conservation areas. 145

Mr. Haber reviewed that residents can trim any limbs that are encroaching onto a 146

resident’s property. Discussion ensued pertaining to the maintenance of conservation 147

areas. 148

149

Mr. Randolph Sr. inquired about the maintenance of the community’s 150

monuments, which are under the purview of the HOA. 151

152

153

154

155


Page 5

156

FIFTEENTH ORDER OF BUSINESS Adjournment 157

158

On a Motion by Mr. Kelly, seconded by Mr. Basso, with all in favor, the Board adjourned the meeting at 5:45 p.m. for the Channing Park Community Development District.

159

160

____________________________ ___________________________ 161

Secretary/Assistant Secretary Chairman/Vice Chairman 162

163

Channing Park CDD

EXHIBIT TO 08-14-18 MINUTES:

Resolution 2018-07, Declaring Vacancies

1

RESOLUTION 2018-07

A RESOLUTION OF THE BOARD OF SUPERVISORS OF

THE CHANNING PARK COMMUNITY DEVELOPMENT

DISTRICT DECLARING A VACANCY IN SEATS 1, 2 & 3

OF THE BOARD OF SUPERVISORS PURSUANT TO

SECTION 190.006(3)(b), FLORIDA STATUTES; AND

PROVIDING AN EFFECTIVE DATE. WHEREAS, the Channing Park Community Development District (“District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes; and WHEREAS, on November 6, 2018, three (3) members of the Board of Supervisors (“Board”) are to be elected by “Qualified Electors,” as that term is defined in Section 190.003, Florida Statutes; and WHEREAS, the District published a notice of qualifying period set by the Supervisor of Elections at least two (2) weeks prior to the start of said qualifying period; and WHEREAS, at the close of the qualifying period, no one qualified to run for Seats 1, 2 or 3; and WHEREAS, pursuant to Section 190.006(3)(b), Florida Statutes, the Board shall declare these seats vacant, effective the second Tuesday following the general election; and WHEREAS, Qualified Electors are to be appointed to the vacant seats within 90 days thereafter; and WHEREAS, the Board finds that it is in the best interests of the District to adopt this Resolution declaring the seats available for election as vacant.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD

OF SUPERVISORS OF THE CHANNING PARK

COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. The following seats are hereby declared vacant effective as of November 20, 2018:

Seat #1 (currently held by Gary Randolph Sr.) Seat #2 (currently held by Michael Basso) Seat #3 (currently Vacant) SECTION 2. Until such time as the District Board nominates Qualified Electors to fill

the vacancies declared in Section 1 above, the incumbent Board Supervisors of those respective seats shall remain in office.

2

SECTION 3. This Resolution shall become effective upon its passage.

PASSED AND ADOPTED this 14th day of August 2018.

ATTEST: CHANNING PARK COMMUNITY

DEVELOPMENT DISTRICT

_____________________________ ____________________________________ Print Name:___________________ Chairperson

Tab 3

The total items being presented: $6,255.67

Approval of Expenditures:

__________________________________

______Chairperson

______Vice Chairperson

______Assistant Secretary

Attached please find the check register listing the Operation and Maintenance expenditures paid from August 1, 2018 through August 31, 2018. This does not include expenditures previously approved by the Board.

DISTRICT OFFICE · 9428 CAMDEN FIELD PARKWAY · RIVERVIEW, FLORIDA 33578

CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT

Operation and Maintenance ExpendituresAugust 2018

For Board Approval


Paid Operation & Maintenance Expenditures

August 1, 2018 Through August 31, 2018

Vendor Name Check Number Invoice Number Invoice Description Invoice Amount

Hopping Green & Sams 000794 101667 General Monthly Legal Services 07/18

479.00$

Rizzetta & Company, Inc. 000795 INV0000034137 District Management Fees 08/18 3,941.67$

Rizzetta Technology Services, LLC 000796 INV0000003597 Website Hosting Services 08/18 100.00$

Robin Giove 000798 RG081418 BOS Meeting 08/14/18 200.00$

Steven M. Kelly 000799 SK081418 BOS Meeting 08/14/18 200.00$

Times Publishing Company 000797 661214 07/20/18 Legal Advertising 07/20/18 182.00$

Times Publishing Company 000797 661214 07/27/18 Legal Advertising 07/27/17 153.00$

Waldrop Engineering 000800 21478 Engineering Services 08/18 1,000.00$

Report Total 6,255.67$

8/3/18

8/3/18

8/3/18

8/20/18

8/10/18

8/10/18

8/27/18



__________________________________

______Chairperson



Attached please find the check register listing the Operation and Maintenance expenditures paid from September 1, 2018 through September 30, 2018. This does not include expenditures previously approved by the Board.



Operation and Maintenance ExpendituresSeptember 2018

For Board Approval


Paid Operation & Maintenance Expenditures

September 1, 2018 Through September 30, 2018


Egis Insurance Advisors, LLC 000804 7626 General/POL Liability Insurance FY 18/19

4,400.00$

Gary Randolph Sr. 000805 GR091418 BOS Meeting 08/14/2018 200.00$




9/17/18

8/20/18

9/4/18

9/4/18



__________________________________

______Chairperson



Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2018 through October 31, 2018. This does not include expenditures previously approved by the Board.



Operation and Maintenance ExpendituresOctober 2018

For Board Approval

Channing Park Community Development DistrictPaid Operation & Maintenance Expenditures

October 1, 2018 Through October 31, 2018


Egis Insurance Advisors, LLC 000804 7626 General/POL Liability Insurance FY 18/19

4,400.00$

Gary Randolph Sr. 000805 GR091418 BOS Meeting 08/14/2018 200.00$




9/17/18

8/20/18

9/4/18

9/4/18

Operation and Maintenance ExpendituresFor Board Approval

November 2018


__________________________________

______Chairman

______Vice Chairman


No Operation and Maintenance Expenses were paid from November 1, 2018through November 30, 2018. Therefore, there are no new items to present atthis time.



__________________________________

______Chairperson



Attached please find the check register listing the Operation and Maintenance expenditures paid from December 1, 2018 through December 31, 2018. This does not include expenditures previously approved by the Board.



Operation and Maintenance ExpendituresDecember 2018

For Board Approval


December 1, 2018 Through December 31, 2018


Rizzetta & Company, Inc. 000813 INV0000036628 District Management Fees 11/18 $ 3,941.67

Rizzetta Technology Services, LLC 000814 INV0000003942 Website Hosting Services 12/18 $ 100.00

Report Total $ 4,041.67

11/30/18

11/30/18



__________________________________

______Chairperson



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



Operation and Maintenance ExpendituresJanuary 2019

For Board Approval


January 1, 2019 Through January 31, 2019





1/16/18

12/28/18

Attached please find the check register listing the Operation and Maintenance expenditures paid from February 1, 2019 through February 28, 2019. This does not include expenditures previously approved by the Board.



__________________________________

______Chairperson





Operation and Maintenance ExpendituresFebruary 2019

For Board Approval


February 1, 2019 Through February 28, 2019


Hopping Green & Sams 000817 104960 General Monthly Legal Services $ 200.00 12/18

Hopping Green & Sams 000820 105476 General Monthly Legal Services $ 551.50 01/19




1/29/19

2/25/19

1/29/19

1/29/19



Operation and Maintenance ExpendituresMarch 2019

For Board Approval

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



__________________________________

______Chairperson




March 1, 2019 Through March 1, 2019

Vendor Name Check # Invoice Number Invoice Description Invoice Amount

Rizzetta & Company, 000821 INV0000039172 District Management Fees $ 3,941.67 Inc. 03/19Rizzetta Technology 000822 INV0000004200 Website Hosting Services $ 100.00 Services, LLC 3/19


3/1/19

3/11/19

Tab 4


channingparkcdd.org

Proposed Budget for Fiscal Year 2019/2020

Presented by: Rizzetta & Company, Inc.

9428 Camden Field Parkway Riverview, Florida 33578

Phone: 813-533-2950

rizzetta.com

Table of Contents

Page General Fund Budget Account Category Descriptions 1 Reserve Fund Budget Account Category Descriptions 7

Debt Service Fund Budget Account Category Descriptions 8 General Fund Budget for Fiscal Year 2019/2020 9 Debt Service Fund Budget for Fiscal Year 2019/2020 10 Assessments Charts for Fiscal Year 2019/2020 11

GENERAL FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The General Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all General Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Interest Earnings: The District may earn interest on its monies in the various operating accounts. Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County. Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner. Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District. Event Rental: The District may receive monies for event rentals for such things as weddings, birthday parties, etc. Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc. Facilities Rentals: The District may receive monies for the rental of certain facilities by outside sources, for such items as office space, snack bar/restaurants etc.

EXPENDITURES – ADMINISTRATIVE:

Supervisor Fees: The District may compensate its supervisors within the appropriate statutory limits of $200.00 maximum per meeting within an annual cap of $4,800.00 per supervisor.

Administrative Services: The District will incur expenditures for the day to today operation of District matters. These services include support for the District Management function, recording and preparation of meeting minutes, records retention and maintenance in accordance with

1

Chapter 119, Florida Statutes, and the District’s adopted Rules of Procedure, preparation and delivery of agenda, overnight deliveries, facsimiles and phone calls. District Management: The District as required by statute, will contract with a firm to provide for management and administration of the District’s day to day needs. These services include the conducting of board meetings, workshops, overall administration of District functions, all required state and local filings, preparation of annual budget, purchasing, risk management, preparing various resolutions and all other secretarial duties requested by the District throughout the year is also reflected in this amount. District Engineer: The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of construction invoices and all other engineering services requested by the district throughout the year. Disclosure Report: The District is required to file quarterly and annual disclosure reports, as required in the District’s Trust Indenture, with the specified repositories. This is contracted out to a third party in compliance with the Trust Indenture. Trustee’s Fees: The District will incur annual trustee’s fees upon the issuance of bonds for the oversight of the various accounts relating to the bond issues. Assessment Roll: The District will contract with a firm to maintain the assessment roll and annually levy a Non-Ad Valorem assessment for operating and debt service expenses. Financial & Revenue Collections: Services include all functions necessary for the timely billing and collection and reporting of District assessments in order to ensure adequate funds to meet the District’s debt service and operations and maintenance obligations. These services include, but are not limited to, assessment roll preparation and certification, direct billings and funding request processing as well as responding to property owner questions regarding District assessments. This line item also includes the fees incurred for a Collection Agent to collect the funds for the principal and interest payment for its short-term bond issues and any other bond related collection needs. These funds are collected as prescribed in the Trust Indenture. The Collection Agent also provides for the release of liens on property after the full collection of bond debt levied on particular properties. Accounting Services: Services include the preparation and delivery of the District’s financial statements in accordance with Governmental Accounting Standards, accounts payable and accounts receivable functions, asset tracking, investment tracking, capital program administration and requisition processing, filing of annual reports required by the State of Florida and monitoring of trust account activity. Auditing Services: The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting firm, once it reaches certain revenue and expenditure levels, or has issued bonds and incurred debt. Arbitrage Rebate Calculation: The District is required to calculate the interest earned from bond

2

proceeds each year pursuant to the Internal Revenue Code of 1986. The Rebate Analyst is required to verify that the District has not received earnings higher than the yield of the bonds. Travel: Each Board Supervisor and the District Staff are entitled to reimbursement for travel expenses per Florida Statutes 190.006(8). Public Officials Liability Insurance: The District will incur expenditures for public officials’ liability insurance for the Board and Staff. Legal Advertising: The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to meeting schedules, special meeting notices, and public hearings, bidding etc. for the District based on statutory guidelines Bank Fees: The District will incur bank service charges during the year. Dues, Licenses & Fees: The District is required to pay an annual fee to the Department of Economic Opportunity, along with other items which may require licenses or permits, etc. Miscellaneous Fees: The District could incur miscellaneous throughout the year, which may not fit into any standard categories. Website Hosting, Maintenance and Email: The District may incur fees as they relate to the development and ongoing maintenance of its own website along with possible email services if requested. District Counsel: The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts and all other legal services requested by the district throughout the year.

EXPENDITURES - FIELD OPERATIONS: Deputy Services: The District may wish to contract with the local police agency to provide security for the District. Security Services and Patrols: The District may wish to contract with a private company to provide security for the District. Electric Utility Services: The District will incur electric utility expenditures for general purposes such as irrigation timers, lift station pumps, fountains, etc. Street Lights: The District may have expenditures relating to street lights throughout the community. These may be restricted to main arterial roads or in some cases to all street lights within the District’s boundaries.

3

Utility - Recreation Facility: The District may budget separately for its recreation and or amenity electric separately. Gas Utility Services: The District may incur gas utility expenditures related to district operations at its facilities such as pool heat etc. Garbage - Recreation Facility: The District will incur expenditures related to the removal of garbage and solid waste. Solid Waste Assessment Fee: The District may have an assessment levied by another local government for solid waste, etc. Water-Sewer Utility Services: The District will incur water/sewer utility expenditures related to district operations. Utility - Reclaimed: The District may incur expenses related to the use of reclaimed water for irrigation. Aquatic Maintenance: Expenses related to the care and maintenance of the lakes and ponds for the control of nuisance plant and algae species. Fountain Service Repairs & Maintenance: The District may incur expenses related to maintaining the fountains within throughout the Parks & Recreational areas Lake/Pond Bank Maintenance: The District may incur expenditures to maintain lake banks, etc. for the ponds and lakes within the District’s boundaries, along with planting of beneficial aquatic plants, stocking of fish, mowing and landscaping of the banks as the District determines necessary. Wetland Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various wetlands and waterways by other governmental entities. Mitigation Area Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various mitigation areas by other governmental entities. Aquatic Plant Replacement: The expenses related to replacing beneficial aquatic plants, which may or may not have been required by other governmental entities. General Liability Insurance: The District will incur fees to insure items owned by the District for its general liability needs Property Insurance: The District will incur fees to insure items owned by the District for its property needs Entry and Walls Maintenance: The District will incur expenditures to maintain the entry monuments and the fencing.

4

Landscape Maintenance: The District will incur expenditures to maintain the rights-of-way, median strips, recreational facilities including pond banks, entryways, and similar planting areas within the District. These services include but are not limited to monthly landscape maintenance, fertilizer, pesticides, annuals, mulch, and irrigation repairs. Irrigation Maintenance: The District will incur expenditures related to the maintenance of the irrigation systems. Irrigation Repairs: The District will incur expenditures related to repairs of the irrigation systems. Landscape Replacement: Expenditures related to replacement of turf, trees, shrubs etc. Field Services: The District may contract for field management services to provide landscape maintenance oversight. Miscellaneous Fees: The District may incur miscellaneous expenses that do not readily fit into defined categories in field operations. Gate Phone: The District will incur telephone expenses if the District has gates that are to be opened and closed. Street/Parking Lot Sweeping: The District may incur expenses related to street sweeping for roadways it owns or are owned by another governmental entity, for which it elects to maintain. Gate Facility Maintenance: Expenses related to the ongoing repairs and maintenance of gates owned by the District if any. Sidewalk Repair & Maintenance: Expenses related to sidewalks located in the right of way of streets the District may own if any. Roadway Repair & Maintenance: Expenses related to the repair and maintenance of roadways owned by the District if any. Employees - Salaries: The District may incur expenses for employees/staff members needed for the recreational facilities such as Clubhouse Staff. Employees - P/R Taxes: This is the employer’s portion of employment taxes such as FICA etc. Employee - Workers’ Comp: Fees related to obtaining workers compensation insurance. Management Contract: The District may contract with a firm to provide for the oversight of its recreation facilities. Maintenance & Repair: The District may incur expenses to maintain its recreation facilities. Facility Supplies: The District may have facilities that required various supplies to operate.

5

Gate Maintenance & Repairs: Any ongoing gate repairs and maintenance would be included in this line item. Telephone, Fax, Internet: The District may incur telephone, fax and internet expenses related to the recreational facilities. Office Supplies: The District may have an office in its facilities which require various office related supplies. Clubhouse - Facility Janitorial Service: Expenses related to the cleaning of the facility and related supplies. Pool Service Contract: Expenses related to the maintenance of swimming pools and other water features. Pool Repairs: Expenses related to the repair of swimming pools and other water features. Security System Monitoring & Maintenance: The District may wish to install a security system for the clubhouse Clubhouse Miscellaneous Expense: Expenses which may not fit into a defined category in this section of the budget Athletic/Park Court/Field Repairs: Expense related to any facilities such as tennis, basketball etc. Trail/Bike Path Maintenance: Expenses related to various types of trail or pathway systems the District may own, from hard surface to natural surfaces. Special Events: Expenses related to functions such as holiday events for the public enjoyment Miscellaneous Fees: Monies collected and allocated for fees that the District could incur throughout the year, which may not fit into any standard categories. Miscellaneous Contingency: Monies collected and allocated for expenses that the District could incur throughout the year, which may not fit into any standard categories. Capital Outlay: Monies collected and allocated for various projects as they relate to public improvements.

6

RESERVE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The Reserve Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Reserve Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES: Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County. Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner. Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District. Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

EXPENDITURES:

Capital Reserve: Monies collected and allocated for the future repair and replacement of various capital improvements such as club facilities, swimming pools, athletic courts, roads, etc. Capital Outlay: Monies collected and allocated for various projects as they relate to public improvements.

7

DEBT SERVICE FUND BUDGET

ACCOUNT CATEGORY DESCRIPTION The Debt Service Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Debt Service Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES: Special Assessments: The District may levy special assessments to repay the debt incurred by the sale of bonds to raise working capital for certain public improvements. The assessments may be collected in the same fashion as described in the Operations and Maintenance Assessments.

EXPENDITURES – ADMINISTRATIVE:

Bank Fees: The District may incur bank service charges during the year. Debt Service Obligation: This would a combination of the principal and interest payment to satisfy the annual repayment of the bond issue debt.

8

Chart of Accounts Classification

Actual YTD

through 03/31/19

Projected Annual Totals

2018/2019

Annual Budget for 2018/2019

Projected Budget

variance for

2018/2019

Budget for 2019/2020

Budget Increase (Decrease) vs

2018/2019Comments

12 REVENUES34 Interest Earnings5 Interest Earnings $ 81 $ 162 $ - $ 162 $ - $ - 6 Special Assessments7 Tax Roll* $ 89,307 $ 89,307 $ 88,586 $ 721 $ 88,586 $ - 89 TOTAL REVENUES $ 89,388 $ 89,469 $ 88,586 $ 883 $ 88,586 $ -

1011 Balance Forward from Prior Year $ - $ - $ - $ - $ 7,570 $ 7,570 1213 TOTAL REVENUES AND BALANCE FORWARD $ 89,388 $ 89,469 $ 88,586 $ 883 $ 96,156 $ 7,570 1415 *Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.1617 EXPENDITURES - ADMINISTRATIVE1819 Legislative20 Supervisor Fees $ - $ - $ 2,000 $ 2,000 $ 2,000 $ - 21 Financial & Administrative22 Administrative Services $ 2,700 $ 5,400 $ 5,400 $ - $ 5,400 $ - No increase for FY 19-2023 District Management $ 9,950 $ 19,900 $ 19,900 $ - $ 19,900 $ - No increase for FY 19-2024 District Engineer $ - $ - $ 5,000 $ 5,000 $ 5,000 $ - 25 Disclosure Report $ - $ - $ 1,000 $ 1,000 $ 1,000 $ - 26 Trustees Fees $ - $ - $ 1,900 $ 1,900 $ 3,770 $ 1,870 US Bank- Per Bond Refinance27 Assessment Roll $ 5,000 $ 5,000 $ 5,000 $ - $ 5,000 $ - No increase for FY 19-2028 Financial & Revenue Collections $ 2,500 $ 5,000 $ 5,000 $ - $ 5,000 $ - No increase for FY 19-2029 Accounting Services $ 8,500 $ 17,000 $ 17,000 $ - $ 17,000 $ - No increase for FY 19-2030 Auditing Services $ - $ 3,145 $ 3,145 $ - $ 3,145 $ - Need to go out for RFP 31 Arbitrage Rebate Calculation $ - $ 500 $ 500 $ - $ 500 $ - 32 Miscellaneous Mailings $ - $ - $ - $ - $ - $ - 33 Public Officials Liability Insurance $ 2,200 $ 2,200 $ 2,420 $ 220 $ 2,420 $ - Egis estimate34 Legal Advertising $ - $ - $ 1,000 $ 1,000 $ 1,000 $ - 36 Dues, Licenses & Fees $ 175 $ 175 $ 175 $ - $ 175 $ - 37 Website Hosting, Maintenance, Backup (and $ 600 $ 1,200 $ 1,200 $ - $ 6,000 $ 4,800 New ADA Compliant Website38 Legal Counsel39 District Counsel $ 752 $ 1,504 $ 5,000 $ 3,496 $ 5,000 $ - 4041 Administrative Subtotal $ 32,377 $ 61,024 $ 75,640 $ 14,616 $ 82,310 $ 6,670 4243 EXPENDITURES - FIELD OPERATIONS4445 Stormwater Control46 Stormwater Assessment $ - $ - $ 6,426 $ 6,426 $ 6,426 $ - 47 Other Physical Environment48 General Liability Insurance $ 2,200 $ 2,200 $ 2,420 $ 220 $ 2,420 $ - Egis estimate49 Monument Maintenance & Repair $ - $ - $ - $ - $ 2,500 $ 2,500 CDD Taking Back Maintenance from HOA50 Contingency51 Miscellaneous Contingency $ - $ - $ 4,100 $ 4,100 $ 2,500 $ (1,600) 5253 Field Operations Subtotal $ 2,200 $ 2,200 $ 12,946 $ 10,746 $ 13,846 $ 900 5455 Contingency for County TRIM Notice5657 TOTAL EXPENDITURES $ 34,577 $ 63,224 $ 88,586 $ 25,362 $ 96,156 $ 7,570 5859 EXCESS OF REVENUES OVER $ 54,811 $ 26,245 $ - $ 26,245 $ - $ - 60

Proposed BudgetChanning Park Community Development District

General FundFiscal Year 2019/2020

9

Chart of Accounts Classification Series 2018 Budget for 2019/2020

REVENUES Special Assessments

Net Special Assessments $ 120,200.32 $ 120,200.32

TOTAL REVENUES $ 120,200.32 $ 120,200.32

EXPENDITURES AdministrativeFinancial & AdministrativeDebt Service Obligation $ 120,200.32 $ 120,200.32Administrative Subtotal $ 120,200.32 $ 120,200.32

TOTAL EXPENDITURES $ 120,200.32 $ 120,200.32

EXCESS OF REVENUES OVER EXP $ - $ -

Hillosborough County Collection Costs (2%) and E 6.0%

Gross assessments $ 127,763.95

Notes:1. Tax Roll Collection Costs for Hillsborough County is 6.0% of Tax Roll. Budgeted net of tax roll assessments. See Assessment Table.

10

Budget TemplateChanning Park Community Development District

Debt ServiceFiscal Year 2019/2020

2019/2020 O&M Budget $88,586.00Collection Cost 2% $1,884.81

Early Payment Discount 4% $3,769.622019/2020 Total: 6% $94,240.43

2018/2019 O&M Budget $88,586.002019/2020 O&M Budget $88,586.00

Total Difference: $0.00

2018/2019 2019/2020 $ %

Debt Service - SF 50' $930.10 $930.10 $0.00 0.00%Operations/Maintenance - SF 50' $227.14 $227.14 $0.00 0.00%Total $1,157.24 $1,157.24 $0.00 0.00%

Debt Service - SF 50.Q' $701.67 $701.67 $0.00 0.00%Operations/Maintenance - SF 50.Q' $227.14 $227.14 $0.00 0.00%Total $928.81 $928.81 $0.00 0.00%

Debt Service - SF 50.P' $467.66 $467.66 $0.00 0.00%Operations/Maintenance - SF 50.P' $227.14 $227.14 $0.00 0.00%Total $694.80 $694.80 $0.00 0.00%

Debt Service - SF 60' - 70' $1,041.71 $1,041.71 $0.00 0.00%Operations/Maintenance - SF 60' - 7 $272.57 $272.57 $0.00 0.00%Total $1,314.28 $1,314.28 $0.00 0.00%

Debt Service - SF 60.R' - 70.R' $340.79 $340.79 $0.00 0.00%Operations/Maintenance - SF 60.R' $272.57 $272.57 $0.00 0.00%Total $613.36 $613.36 $0.00 0.00%

Debt Service - SF 60.P' - 70.P' $523.83 $523.83 $0.00 0.00%Operations/Maintenance - SF 60.P' - $272.57 $272.57 $0.00 0.00%Total $796.40 $796.40 $0.00 0.00%

Debt Service - SF 60.Q' - 70.Q' $785.75 $785.75 $0.00 0.00%Operations/Maintenance - SF 60.P' - $272.57 $272.57 $0.00 0.00%Total $1,058.32 $1,058.32 $0.00 0.00%

Debt Service - SF 75' $1,227.73 $1,227.73 $0.00 0.00%Operations/Maintenance - SF 75' $340.71 $340.71 $0.00 0.00%Total $1,568.44 $1,568.44 $0.00 0.00%

Debt Service - SF 75.P' $617.59 $617.59 $0.00 0.00%Operations/Maintenance - SF 75.P' $340.71 $340.71 $0.00 0.00%Total $958.30 $958.30 $0.00 0.00%

Debt Service - SF 75.Q' $926.38 $926.38 $0.00 0.00%Operations/Maintenance - SF 75.Q' $340.71 $340.71 $0.00 0.00%Total $1,267.09 $1,267.09 $0.00 0.00%


FISCAL YEAR 2019/2020 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

PER UNIT ANNUAL ASSESSMENTProposed Increase / Decrease

11

TOTAL O&M BUDGET $88,586.00COLLECTION COSTS 2.0% $1,884.81EARLY PAYMENT DISCOUNT 4.0% $3,769.62TOTAL O&M ASSESSMENT 6% $94,240.43

SERIES 2018DEBT TOTAL % TOTAL TOTAL SERIES 2018 DEBT

LU LOT SIZE O&M SERVICE (1) (2) EAU FACTO EAU's EAU's O&M BUDGET O&M SERVICE (3) TOTAL (4)

0 0 050 Single Family 50' 105 23 # 1.00 105.00 25.31% $23,849.71 $227.14 $930.10 $1,157.24

50.Q Single Family 50' 11 11 0 1.00 11.00 2.65% $2,498.54 $227.14 $701.67 $928.8150.P Single Family 50' 46 46 0 1.00 46.00 11.09% $10,448.44 $227.14 $467.66 $694.8060 Single Family 60' - 70' 86 23 # 1.20 103.20 24.87% $23,440.86 $272.57 $1,041.71 $1,314.28

60.R Single Family 60' - 70' 3 3 0 1.20 3.60 0.87% $817.70 $272.57 $340.79 $613.3660.P Single Family 60' - 70' 57 57 0 1.20 68.40 16.49% $15,536.38 $272.57 $523.83 $796.4060.Q Single Family 60' - 70' 6 6 0 1.20 7.20 1.74% $1,635.41 $272.57 $785.75 $1,058.3275 Single Family 75' + 23 2 # 1.50 34.50 8.32% $7,836.33 $340.71 $1,227.73 $1,568.44

75.P Single Family 75' + 23 23 0 1.50 34.50 8.32% $7,836.33 $340.71 $617.59 $958.3075.Q Single Family 75' + 1 1 0 1.50 1.50 0.36% $340.71 $340.71 $926.38 $1,267.09

361 195 414.90 100.00% $94,240.43

LESS: Hillsborough County Collection Costs(2%) and Early Payment Discounts (4%) ($5,654.43)

Net Revenue to be Collected $88,586.00

(1) Reflects 166 (one hundred sixty-six) prepayments; 82 (eighty-two) SF 50' lots, 63 (sixty-three) SF 60'-70' lots, and 21 (twenty-one) SF 75'+ lots.

(2) Reflects the number of total lots with Series 2018 debt outstanding.

(3)

(4) Annual assessment that will appear on November 2019 Hillsborough County property tax bill. Amount shown includes all applicable collection costs an early payment discounts (up to 4% if paid early).

CHANNING PARK

FISCAL YEAR 2019/2020 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

UNITS ASSESSED ALLOCATION OF O&M ASSESSMENT PER LOT ANNUAL ASSESSMENT

Annual debt service assessment per lot adopted in connection with the Series 2018 bond issue. Annual assessment includes principal, interest, Hillsborough County collection costs and early payment discount costs.

12

Tab 5

RESOLUTION 2019-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT APPROVING PROPOSED BUDGETS FOR FISCAL YEAR 2019/2020 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Channing Park Community Development District (“District”) prior to June 15, 2019, proposed budgets (“Proposed Budget”) for the fiscal year beginning October 1, 2019 and ending September 30, 2020 (“Fiscal Year 2019/2020”); and WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT:

1. PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2019/2020 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget.

2. SETTING A PUBLIC HEARING. A public hearing on said approved

Proposed Budget is hereby declared and set for the following date, hour and location: DATE: August 13, 2019 HOUR: 4:00 P.M. LOCATION: Channing Park Recreation Center 17358 Chelsea Downs Circle Lithia, Florida 33547

3. TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL-PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budget to Hillsborough County at least 60 days prior to the hearing set above.

4. POSTING OF PROPOSED BUDGET. In accordance with Section 189.016,

Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budget on the District’s website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

5. PUBLICATION OF NOTICE. Notice of this public hearing shall be

published in the manner prescribed in Florida law. 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon

adoption.

PASSED AND ADOPTED THIS 14th DAY OF MAY, 2019.

ATTEST: CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT

___________________________ By:___________________________ Assistant Secretary Its:____________________________ Exhibit A: Approved Proposed Budgets for Fiscal Year 2019/2020

Exhibit A:

Approved Proposed Budgets for Fiscal Year 2019/2020

Tab 6

2018-07-31 – WJR/ED

CONTRACT FOR PROFESSIONAL DISTRICT SERVICES DATE: May 14, 2019 BETWEEN: RIZZETTA & COMPANY, INC.

3434 Colwell Avenue Suite 200 Tampa, Florida 33614

(Hereinafter referred to as "Consultant")

AND: CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT 9428 Camden Field Parkway Riverview, Florida 33578

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

PURPOSE; SCOPE OF SERVICES:

I. The purpose of this contract for professional district management services (hereinafter referred to as “Contract”) is for the Consultant to provide professional district management services to the District pursuant to Chapter 190, Florida Statutes. A brief description of these services is provided below and a detailed description is provided in Exhibit A to this Contract.

A. STANDARD ON-GOING SERVICES. The Consultant shall provide the following

Standard On-Going Services to the District pursuant to this Contract:

i. Management - services include the conducting of one (1) three (3) hour board meeting per month, one (1) budget workshop per year, overall administration of District functions, and all required state and local filings, preparation of annual budget, purchasing and risk management;

ii. Administrative - services include support for the District Management

function, recording and preparation of meeting minutes, records retention and maintenance in accordance with Chapter 119, Florida Statutes, and the District’s adopted Rules of Procedure, preparation and delivery of agenda;

CONTRACT FOR PROFESSIONAL DISTRICT SERVICES 2 CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT

2018-07-31 – WJR/ED

iii. Accounting - services include the preparation and delivery of the District’s financial statements in accordance with Governmental Accounting Standards, accounts payable and accounts receivable functions, asset tracking, investment tracking, capital program administration and requisition processing, filing of annual reports required by the State of Florida and monitoring of trust account activity;

iv. Financial & Revenue Collection - services include all functions necessary

for the timely billing, collection and reporting of District assessments in order to ensure adequate funds to meet the District’s debt service and operations and maintenance obligations. These services include, but are not limited to, assessment roll preparation and certification, direct billings and funding request processing as well as responding to property owner questions regarding District assessments.

B. TIME FRAME. The Standard On-Going Services shall be provided on a monthly basis as detailed in this Contract.

II. ADDITIONAL SERVICES. In addition to the Standard On-Going Services described

above, or in any addendum executed between the Parties, the District may, from time to time, require additional services from the Consultant. Any services not specifically provided for in the scope of services above, or necessary to carry out the services as described herein, as well as any changes in the scope requested by the District, will be considered additional services. Such additional services may include, but are not limited to:

• Meetings: Extended meetings (beyond three (3) hours in length), continued meetings, special/additional meetings (not including annual budget workshop);

• Financial Reports: Modifications and certifications to special assessment allocation report; true-up analysis;

• Bond Issuance Services: preparation of the special assessment allocation report, testimony at the required bond validation court hearing, certifications, closing documents and statutorily required mailings

• Electronic communications/e-blasts; • Special requests; • Amendment to District boundary; • Grant Applications; • Escrow Agent; • Continuing Disclosure/Representative/Agent; • Community Mailings, e.g. memos, notifications of rules changes, operations

and maintenance assessment notices, etc.; • Public Records Requests that are extensive in nature, as defined by District’s

adopted Rules of Procedure. If any additional services are required or requested, the Consultant will provide a detailed description of these services and fees for such services to the District for approval prior to beginning any additional services. The Consultant shall undertake the additional services after the District has issued its written approval, as evidenced by a vote of the Board of Supervisors, of the description and fees for such services to the Consultant.


2018-07-31 – WJR/ED

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

IV. ADDITIONAL SERVICES PROVIDED TO THIRD PARTIES. These are services requested by third parties such as homeowners, realtors, investors or members of the media. Such services may include, but are not limited to, estoppel letters, bond prepayment processing, and litigation support. The third party requesting such services shall be responsible for the payment of any fees charged by Consultant for providing those services to the extent authorized by law and the District’s Rules of Procedure.

V. TERM. The Consultant’s services as provided in this Contract shall commence upon execution of this Contract. This Contract shall automatically renew annually unless terminated pursuant to its terms. The Consultant acknowledges that the prices of this Contract are firm and that the Consultant may change the prices only with the District’s written consent as evidenced by a vote of the Board of Supervisors. All prior agreements between the parties with respect to the subject matter of this Contract are terminated upon the execution of this Contract.

VI. FEES AND EXPENSES; PAYMENT TERMS.

A. FEES AND EXPENSES. i. A schedule of fees for the services described in Sections I, II, III, and IV of

this Contract is shown in Exhibit B to this Contract, which is attached hereto and incorporated herein. The District shall pay the Consultant for the services provided under the terms of this Contract in accordance with the schedule of fees in Exhibit B. For purposes of the Consultant’s compensation for services provided pursuant to this Contract, the District shall compensate the Consultant only for those services provided under the terms of this Contract. Unless otherwise specified by this Contract, the Consultant will invoice the District for the Consultant’s services as soon as may be practicable in advance of each month and in the amounts set forth in Exhibit B. The fees for those services which are not being requested at the time this Contract is approved will be provided to the District at such time as those services are required and requested by vote of the Board of Supervisors. Payment shall be made by the District within thirty (30) days of receipt of a correctly submitted invoice.

ii. Fees for the Standard On-Going Services described in this Contract may

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


2018-07-31 – WJR/ED

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

iv. For the purposes of this Contract, an out-of-pocket expense is an

unexpected expense that the Consultant or one of its subcontractors, if applicable, incurs during the performance of the Standard On-Going Services, as provided in this Contract. Such out-of-pocket expenses are included in the fees shown in Exhibit B. Out-of-pocket expenses incurred in connection with the performance of Additional Services and Litigation Support Services will be subject to reimbursement at cost. These expenses include, but are not limited to, airfare, mileage, transportation/parking, lodging, postage, and copies.

B. PAYMENT TERMS.

i. Standard On-Going Services. Standard-On Going Services will be billed

monthly as a fixed fee pursuant to the schedule shown in Exhibit B.

ii. Additional Services. Additional Services will either be billed monthly at the Consultant’s proposed hourly rate or per occurrence both as authorized by the District and negotiated by the Parties.

iii. Litigation Support Services. Litigation Support Services will be billed monthly on an hourly basis for the hours incurred at the Consultant’s proposed hourly rate, as authorized by the District and negotiated by the Parties.

iv. Out-of-Pocket expenses. Out-of-Pocket expenses not included under the Standard-On Going Services of the Consultant will be billed monthly as incurred.

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

VII. SUSPENSION OF SERVICES FOR NON-PAYMENT. Unless nonpayment is the fault of the Consultant, the Consultant shall have the right to suspend services being provided as outlined in this Contract if the District fails to pay Consultant’s invoices in a timely manner, which shall be construed as thirty (30) days from date of the invoice or as otherwise provided by the Prompt Payment Act, Section 218.70 Florida Statutes. Consultant shall notify the District, in writing, at least ten (10) days prior to suspending services.

VIII. NON-CONTINGENCY. The payment of fees and expenses, as outlined in this Contract, are not contingent upon any circumstance not specifically outlined in this Contract.


2018-07-31 – WJR/ED

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

X. RESPONSIBILITIES.

A. DISTRICT RESPONSIBILITIES. The District shall provide for the timely services of its legal counsel, engineer, and any other consultants, contractors, or employees, as required, for the Consultant to perform the duties outlined in this Contract. Expenses incurred in providing this support shall be the sole responsibility of the District unless specified herein.

B. LIMITATIONS OF RESPONSIBILITIES. To the extent not referenced herein, and to the extent consistent with Chapter 190.006, Consultant shall not be responsible for the acts or omissions of any other contractor or any of its subcontractors, suppliers, or of any other individual or entity performing services as part of this Contract which are not under the control of the Consultant. Consultant shall not be liable for any damage that occurs from Acts of God, which are defined as those caused by windstorm, hail, fire, flood, hurricane, freezing, or other similar occurrences of nature.

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

A. By the District for "good cause" immediately which shall include misfeasance,

malfeasance, nonfeasance, or dereliction of duties by the Consultant. Termination for “good cause” shall be effected by written notice to Consultant electronically at the address noted herein.

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

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

days written (electronic) notice of termination to the address noted herein.

D. Upon any termination, Consultant will be entitled to the total amount of compensation pursuant to the terms of this Contract, through the termination date, but subject to any off-sets that the District may have for services not performed or not performed in accordance with the Contract. Consultant will make all reasonable effort to provide for an orderly transfer of the books and records of the District to the District or its designee.

XII. GENERAL TERMS AND CONDITIONS.


2018-07-31 – WJR/ED

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

B. In the event either party is required to take any action to enforce this Contract, the

prevailing party shall be entitled to attorney’s fees and costs, including fees and costs incurred in determining entitlement to and reasonableness of such fees and costs.

C. This Contract shall be interpreted in accordance with and shall be governed by the

laws of the State of Florida. Venue for all proceedings shall be in Hillsborough County, Florida.

D. In the event that any provision of this Contract shall be determined to be unenforceable or invalid by a Court of Law, such unenforceability or invalidity shall not affect the remaining provisions of the Contract which shall remain in full force and effect.

E. The rights and obligations of the District as defined by this Contract shall inure to the

benefit of and shall be binding upon the successors and assigns of the District. There shall be no assignment of this Contract by the Consultant.

F. The Consultant and its officers, supervisors, staff, and employees shall use due care

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

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

XIII. INDEMNIFICATION.

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


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

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

XIV. INSURANCE.

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

B. The Consultant shall provide and maintain the following levels of insurance coverage at

all times throughout the term of this Contract:

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

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

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

iv. Employment Practices Liability Insurance with limit of Two Million Dollars

($2,000,000.00) per each occurrence.

v. Comprehensive Automobile Liability Insurance for all vehicles used by the Consultant’s staff, whether owned or hired, with a combined single limit of One Million Dollars ($1,000,000.00).

C. Except with respect to Professional Liability and Worker’s Compensation insurance policies, the District and its officers, supervisors, staff, and employees will be listed as additional insureds on each insurance policy described above. None of the policies above may be canceled during the term of this Contract (or otherwise cause the District to not be


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named as an additional insured where applicable) without thirty (30) days written notice to the District. Consultant will furnish the District with a Certificate of Insurance evidencing compliance with this section upon request. Insurance should be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

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

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

XVI. COMPLIANCE WITH PUBLIC RECORDS LAWS. Consultant understands and agrees that all documents of any kind provided to the District in connection with this Contract may be public records, and, accordingly, Consultant agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public records custodian for the District is Rizzetta & Company, Inc. (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Consultant shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes and the District’s Rules of Procedure, and in accordance with Exhibit A, which Rules of Procedure shall control; 3) ensure that public records which are exempt or confidential and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Consultant does not transfer the records to the Public Records Custodian of the District; 4) follow the Records Request Policy attached hereto as Exhibit D; and 5) upon completion of the Contract, transfer to the District, at no cost, all public records in Consultant’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Consultant, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (813) 514-0400, OR BY EMAIL AT [email protected], OR BY REGULAR


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MAIL AT 3434 COLWELL AVENUE, SUITE 200, TAMPA, FLORIDA 33614.

XVII. NOTICES. All notices, requests, consents and other communications under this Contract

(“Notices”) shall be electronic or in writing and delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to the District: Channing Park Community Development District 9428 Camden Field Parkway Riverview, FL 33578 Attn: District Manager With a copy to: Hopping Green & Sams, P.A. 119 South Monroe Street, Suite 300 (32301) P.O. Box 6526 Tallahassee, FL 32314 Attn: District Counsel

If to the Consultant: Rizzetta & Company, Inc. 3434 Colwell Avenue, Suite 200 Tampa, FL 33614

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

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

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

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


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

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

XXIII. COMPLIANCE WITH GOVERNMENTAL REGULATION. The Consultant shall keep, observe, and perform all requirements of applicable local, State, and Federal laws, rules, regulations, and ordinances. If the Consultant fails to notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by a local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Contract or any action of the Consultant or any of its agents, servants, employees, or materialmen, or with respect to terms, wages, hours, conditions of employment, safety appliances, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation of an alleged violation, the District may terminate this Contract, such termination to be effective immediately upon the giving of notice of termination.

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

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

CONTRACT FOR PROFESSIONAL DISTRICT SERVICES CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT Therefore, the Consultant and the District each intend to enter this Contract, understand the terms set forth herein, and hereby agree to those terms. ACCEPTED BY:

RIZZETTA & COMPANY, INC.

BY:

PRINTED NAME: William J. Rizzetta

TITLE: President

DATE:

WITNESS: _________________________________

Signature _________________________________ Print Name

11

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BY:

PRINTED NAME:

TITLE: Chairman/Vice Chairman

DATE:

ATTEST:

__________________________________ Vice Chairman/Assistant Secretary Board of Supervisors

__________________________________ Print Name

Exhibit A – Scope of Services Exhibit B – Schedule of Fees Exhibit C – Municipal Advisor Disclaimer Exhibit D – Public Records Request Policy


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EXHIBIT A

Scope of Services

STANDARD ON-GOING SERVICES: These services will be provided on a recurring basis and are commonly referred to as the basic services necessary for the normal and routine functioning of the District. MANAGEMENT: A. Attend and conduct all regularly scheduled and special Board of Supervisors meetings,

Landowners’ meetings, continued meetings, hearings and workshops. Arrange for time and location and all other necessary logistics for such meetings, hearings, etc.

B. Ensure compliance with all statutes affecting the district which include but are not limited to: 1. Certify Special District Update Form, submitted to the Special District Information

Program, Department of Economic Opportunity each year. 2. Assign and provide Records Management Liaison Officer for reporting to the

Department of Library and Archives 3. Provide contact person for the State Commission of Ethics for Financial Disclosure

coordination 4. Provide Form 1 Financial Disclosure documents for Board Members 5. Provide Form 1F Financial Disclosure documents for Resigning Board Members. 6. Monitor and supply Form 3A, Interest in Competitive Bid for Public Business as

needed 7. Monitor and provide Form 8B, Memorandum of Voting Conflict for the Board. 8. Monitor and provide update on Creation Documents, including Notice of

Establishment, to Department of Economic Opportunity and the County. 9. Maintain and file Disclosure of Public Financing and file with Department of Economic

Opportunity and each residential developer. 10. Provide for a proposed budget for Board approval on or by June 15 of each fiscal year. 11. Provide copy of approved proposed budget to the County a minimum of 60 days prior

to the public hearing on the budget. a. Provide written notice to owners of public hearing on the budget and its related

assessments. 12. Provide copy of the initial Public Facilities report to the County to be submitted within

one (1) year after the district’s creation. 13. Provide copy of an annual notice of any changes to the Public Facilities report to the

County if changes are made. 14. Provide copy of the seven (7) year Public Facilities report update, based on reporting

period assigned to the County it is located in.


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15. File name and location of the Registered Agent and Office location annually with Department of Economic Opportunity and the County.

16. Provide for submitting the regular meeting schedule of the Board to County. 17. Provide District Map and update as provided by the District’s Engineer as needed to

the Department of Economic Opportunity and the County 18. Provide legal description and boundary map as provided by District Engineer to the

Supervisor of Elections 19. File request letter to the Supervisor of Election of the County for number of registered

voters as of April 15, each year. 20. Provide for public records announcement and file document of registered voter data

each June. 21. Update Board Member names, positions and contact information to the State

Commission on Ethics annually. 22. Certify and file the Form DR 421, Truth in Millage Document with the Department of

Revenue each tax year. 23. Properly notice all public meetings, in accordance with the appropriate Florida

Statutes, including but not limited to, public hearings on assessments, the budget, establishment of rates, fees, or charges, rulemaking, uniform method of collection, and all other required notices of meetings, hearings and workshops. a. Provide for the appropriate ad templates and language for each of the above.

24. Provide for instruction to Landowners on the Election Process and forms, etc. 25. Respond to Bond Holders Requests for Information. 26. Implement the policies established by the Board in connection with the operations of

the District. C. Assist in the negotiation of contracts, as directed by the Board of Supervisors. D. Advise the Board on the status of negotiations as well as contract provisions and their

impacts on the District and provide contract administration services. E. Make recommendations on contract approval, rejection, amendment, renewal, and

cancellation. In advance of expiration of contracts, advise the Board as to need for renewal or additional procurement activities and implement same.

F. Monitor certificates of insurance as needed per contracts. G. Answer Project Status Inquiries from Contractors Bonding Companies. H. Provide an office location to handle and respond to written, phone or e-mail inquiries from

the public.

ADMINISTRATIVE: A. Prepare agendas for transmittal to Board of Supervisors and staff seven (7) days prior to

Board of Supervisors’ Meeting. Prepare meeting materials for other meetings, hearings, etc., as needed.


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B. Provide accurate minutes for all meetings and hearings, including landowners’ meetings. C. Implement and maintain a document management system to create and save documents,

and provide for the archiving of District documents. 1. Certify and file annual report to the Department of State, Library and Archive Division,

for storage and disposal of public records. D. Protect integrity of all public records in accordance with the requirements of State law.

Respond to public records requests as required by law and in compliance with the Rules of Procedure and the District’s adopted public records policy.

E. Maintain “Record of Proceedings” for the district within the County which includes meeting minutes, agreements, resolutions and other records required by law.

ACCOUNTING: A. Financial Statements

1. Establish Fund Accounting System in accordance with federal and state law, as well as GASB and the Rules of the Auditor General. This includes the following: a) Chart of Accounts b) Vendor and Customer Master File c) Report creation and set-up.

2. Prepare monthly balance sheet, income statement(s) with budget to actual variances, including the following: a) Cash Investment Account Reconciliations per fund b) Balance Sheet Reconciliations per fund c) Expense Variance Analysis

3. Prepare and file Annual Public Depositor’s Report and distribute to State Department of Insurance and Treasury.

4. Prepare and file Public Depositor’s and Indemnification Form on new accounts as needed.

5. Manage banking relations with the District’s Depository and Trustee. 6. Prepare all other financial reports as required by applicable law and accounting

standards, and bond trust indenture requirements. 7. Account for assets constructed by or donated to the District for maintenance. 8. On or before October 1st of every year prepare an annual inventory of all District

owned tangible personal property and equipment in accordance with all applicable rules and standards.

9. Provide Audit support to auditors for the required Annual Audit, as follows: a) Review statutory and bond indenture requirements b) Prepare Audit Confirmation Letters for independent verification of activities.


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c) Prepare all supporting accounting reports and documents as requested by the auditors d) Respond to auditor questions e) Review and edit draft report f) Prepare year-end adjusting journal entries as required

10. Provide for transmission of the Audit to the County and the Auditor General’s Office of the State.

11. Provide and file Annual Financial Statements (FS. 218 report) by June 30th of each year.

B. Budgeting 1. Prepare budget and backup material for and present the budget at all budget

meetings, hearings and workshops. The budget is to be done in accordance with state law standards, and consistent with applicable GFOA and GASB standards. Budget preparation shall include calculation of operation and maintenance assessments, which may include development of benefit methodology for those assessments.

2. File all required documentation to the Department of Revenue, Auditor General, the County, and other governmental agencies with jurisdiction.

3. Prepare and cause to be published notices of all budget hearings and workshops. 4. Prepare all budget amendments on an ongoing basis. Assist in process to retain an

auditor and cooperate and assist in the performance of the audit by the independent auditor.

C. Accounts Payable/Receivable 1. Administer the processing, review and approval, and payment of all invoices and

purchase orders. Ensure timely payment of vendor invoices and purchase orders. a) Manage Vendor Information per W-9 reports

2. Prepare monthly Vendor Payment Report and Invoicing Support for presentation to the Board of Supervisors for approval or ratification.

3. Maintain checking accounts with qualified public depository including: a) Reconciliation to reported bank statements for all accounts and funds.

4. Prepare year-end 1099 Forms for Vendor payments as applicable. a) File reports with IRS.

D. Capital Program Administration 1. Maintain proper capital fund and project fund accounting procedures and records. 2. Process Construction requisitions including:

a) Vendor Contract completion status b) Verify Change Orders for materials c) Check for duplicate submittals


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d) Verify allowable expenses per Bond Indenture Agreements such as: (1) Contract Assignment (2) Acquisition Agreement (3) Project Construction and Completion Agreement

3. Oversee and implement bond issue related compliance, i.e., coordination of annual

arbitrage report, transmittal of annual audit and budget to the trustee, transmittal of annual audit and other information to dissemination agent (if other than manager) or directly to bond holders as required by Continuing Disclosure Agreements, annual/quarterly disclosure reporting, update etc.

4. Provide Asset Tracking for improvements to be transferred and their value for removal from District’s Schedule of Property Ownership that are going to another local government.

5. Provide for appropriate bid and or proposal/qualification processes for Capital Project Construction.

E. Purchasing 1. Assist in selection of vendors as needed for services, goods, supplies, materials.

Obtain pricing proposals as needed and in accordance with District rules and state law.

2. Prepare RFPs for Administrative Services as needed, such as audit services, legal services, and engineering services.

3. Prepare and process requisitions for capital expenses, in coordination with District Engineer.

F. Risk Management 1. Prepare and follow risk management policies and procedures. 2. Recommend and advise the Board, in consultation with the District Engineer of the

appropriate amount and type of insurance and be responsible for procuring all necessary insurance.

3. Process and assist in the investigation of insurance claims, in coordination with Counsel of the District.

4. Review insurance policies and coverage amounts of District vendors. 5. Provide for an update to the Schedule of Values of Assets owned by the District for

purposes of procuring adequate coverage. 6. Maintain and monitor Certificates of Insurance for all service and contract vendors.

FINANCIAL AND REVENUE COLLECTION: A. Administer Prepayment Collection:

1. Provide payoff information and pre-payment amounts as requested by property owners.

2. Monitor, collect and maintain records of prepayment of assessments.


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3. Coordinate with Trustee to confirm semi-annual interest payments and bond call amounts.

4. Prepare periodic continuing disclosure reports to investment bankers, bond holder and reporting agencies.

B. Administer Assessment Roll Process: 1. Prepare annual assessment roll for collection of debt service and operations and

maintenance assessments. 2. Update roll to reflect per unit and per parcel assessments based on adopted fiscal year

budgets. 3. Verify assessments on platted lots, commercial properties or other assessable lands. 4. Convert final assessment roll to County Property Appraiser or Tax Collector format and

remit to county. 5. Execute and issue Certificate of Non-Ad Valorem Assessments to County.

C. Administer Assessments for Off Tax Roll parcels/lots: 1. Maintain and update current list of owners of property not assessed via the tax roll. 2. Prepare and issue direct invoices for the annual debt service and operations and

maintenance assessments. 3. Monitor collection of direct invoices and prepare and send delinquent/collection notices

as necessary. D. True-Up Analysis:

1. Annually compare current and un-platted lots to original development plan to ensure adequate collection of assessment revenue as necessary.

2. Prepare true-up calculations and invoice property owners for true-up payments as necessary.

ADDITIONAL SERVICES: A. Meetings

1. Extended meetings (beyond three (3) hours in length); continued meetings, special/additional meetings (not including annual budget workshop);

B. Financial Reports 1. Modifications and Certification of Special Assessment Allocation Report;

2. True-Up Analysis;

a) Should certain modifications be made to a Special Assessment Allocation Report a review of the current platted and un-platted lots compared to the original development plan maybe be required to ensure adequate collection of assessment revenue.

b) Should it be required prepare true-up calculations and invoice property owners for true-up payments as necessary;


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C. Bond Issuance Services 1. Special Assessment Allocation Report;

a) Prepare benefit analysis based on infrastructure to be funded with bond proceeds.

b) Prepare Preliminary Special Assessment Allocation Report and present to District board and staff.

c) Present Final Special Assessment Allocation Report to board and staff at noticed public hearing levying special assessments

2. Bond Validation;

a) Coordinate the preparation of a Bond Validation Report which states the “Not-to-exceed” par amount of bonds to be issued by the District and present to board as part of the Bond Resolution.

b) Provide expert testimony at bond validation hearing in circuit court.

3. Certifications and Closing Documents;

a) Prepare or provide signatures on all closing documents, certificates or schedules related to the bond issue that are required by District Manager or District Assessment Methodology Consultant.

D. Electronic communications/e-blasts; E. Special requests; F. Amendment to District boundary; G. Grant Applications; H. Escrow Agent; I. Continuing Disclosure/Representative/Agent; J. Community Mailings e.g. memos, notifications of rules changes, operations and maintenance

assessment notices, etc. K. Public Records Requests - Refer to Exhibit D of this Contract for responsibilities; LITIGATION SUPPORT SERVICES: Prepare documentation in response to litigation requests and provide necessary expert testimony in connection with litigation involving District issues.


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ADDITIONAL SERVICES PROVIDED TO THIRD PARTIES: A. Issue estoppel letters as needed for property transfers

1. Prepare estoppel letter reflecting current district assessment information as required for sale or transfer of residential or commercial property within the District.

2. Issue lien releases for properties which prepay within in the District. B. Bond prepayment processing

1. Collect bond pre-payments, both short term and long term bonds, verify amounts and remit to Trustee with deposit instructions.

2. Maintain collection log showing all parcels that have pre-paid assessments. 3. Prepare, execute and issue release of lien to be recorded in public records.


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EXHIBIT B

Schedule of Fees STANDARD ON-GOING SERVICES: Standard On-Going Services will be billed in advance monthly pursuant to the following schedule:

ANNUAL

Management: $19,900.00 Administrative: $ 5,400.00 Accounting: $17,000.00 Financial & Revenue Collections: $ 5,000.00

Assessment Roll (1): $ 5,000.00 Total Standard On-Going Services: $52,300.00 (1) Assessment Roll is paid in one lump-sum payment at the time the roll is completed.


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ADDITIONAL SERVICES: Extended and Continued Meetings Hourly $ 175 Special/Additional Meetings Per Occurrence Upon Request Modifications and Certifications to

Special Assessment Allocation Report Per Occurrence Upon Request True-Up Analysis/Report Per Occurrence Upon Request Re-Financing Analysis Per Occurrence Upon Request Bond Validation Testimony Per Occurrence Upon Request Special Assessment Allocation Report Per Occurrence Upon Request Bond Issue Certifications/Closing Documents Per Occurrence Upon Request Electronic communications/E-blasts Per Occurrence Upon Request Special Information Requests Hourly Upon Request Amendment to District Boundary Hourly Upon Request Grant Applications Hourly Upon Request Escrow Agent Hourly Upon Request Continuing Disclosure/Representative/Agent Annually Upon Request Community Mailings Per Occurrence Upon Request Response to Extensive Public Records Requests Hourly Upon Request

PUBLIC RECORDS REQUESTS FEES: Public Records Requests will be billed hourly to the District pursuant to the current hourly rates shown below: JOB TITLE: HOURLY RATE:

Senior Manager $ 52.00 District Manager $ 40.00 Accounting & Finance Staff $ 28.00 Administrative Support Staff $ 21.00

LITIGATION SUPPORT SERVICES: Hourly Upon Request ADDITIONAL THIRD PARTY SERVICES: Pre-Payment Collections/Estoppel/Lien Releases:

Lot/ Home owner Per Occurrence Upon Request Bulk Parcel(s) Per Occurrence Upon Request


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EXHIBIT C Municipal Advisor Disclaimer

Rizzetta & Company, Inc., does not represent the Community Development District as a Municipal Advisor or Securities Broker nor is Rizzetta & Company, Inc., registered to provide such services as described in Section 15B of the Securities and Exchange Act of 1934, as amended. Similarly, Rizzetta & Company, Inc., does not provide the Community Development District with financial advisory services or offer investment advice in any form.


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EXHIBIT D Public Records Request Policy and Fees

Public Officer, Employee and Staff Policy for Processing Requests for Public Records

Policy Generally:

The District supports policies that facilitate the efficient and complete provision of requested public records in a timely manner. This policy only applies to the way District officers, employees and staff (District Manager, District Counsel, District Engineer) (altogether, “District Persons”) respond to public records requests within the organization. Chapter 119, F.S., and the District’s Rules of Procedure dictate the way in which the District must produce records to the records requester. This policy is established to provide District Persons with a clear understanding of the process that will be utilized in preparing responses to public record requests.

Requests for District Records:

1. The requesting party is not required to identify themselves or the reason for the request. The request may be made in writing (electronic or otherwise) or verbally.

2. Content on District social media sites is subject to the public records law. Communication made through a social networking medium may be subject to public disclosure.

3. There may be responsive records located on personal devices or personal accounts that are not maintained by the District. For this reason, District Persons will be asked to perform searches of personal devices and accounts for any responsive record whenever a request so warrants. District Persons are strongly encouraged to avoid using personal devices or personal accounts for District business.

4. When a request is received, the individual(s) receiving the request shall forward the request to the District Manager who shall then translate the request to the public records request form attached hereto. The form should then be forwarded to the District’s Record Custodian (whom is Rizzetta & Company, Inc.). The Records Custodian shall then review the form with the requesting party to ensure that it accurately reflects his/her request so that full compliance can be achieved in a timely and efficient fashion. The Records Custodian will then notify the requesting party of the estimated time and cost to retrieve the records, in compliance with the District’s Rules of Procedure, and confirm whether the requesting party agrees to pay the labor and copy charges, if applicable. Payment shall be made to the District prior to commencing the production process. The provisions of the Rules of Procedure and Florida law must be followed consistently and accurately.

5. To the extent applicable, the District, and not the District Manager or Records Custodian as an entity, shall charge the requesting party the special charge, which amount shall be consistent with Florida law. The District Manager may, consistent with and only pursuant to the terms of the Agreement between the District and the District Manager, charge the District the applicable public records response fees as set forth therein and established within the Agreement.


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6. If not clear, the requesting party should be asked to identify whether they wish to simply inspect the records or obtain copies.

7. Florida’s public records law does not require the District to answer questions regarding the records produced.

Processing Responsive Records:

1. After the above process is followed, for documents that are readily available, there should not be any charge for the labor in retrieving the requested documents, but any copies purchased by the requesting party will be charged according to the District’s adopted fee schedule.

2. Records are only required to be produced in the format(s) in which they exist.

3. All electronic records must be sent by a file transfer method to the Records Custodian.

Any record that can be produced for review by District staff electronically must be produced in that medium. Should District Persons elect to provide records that are capable of being produced electronically in hard format, such individual shall not be entitled to reimbursement for copy or printing charges. It is within the Record Custodian’s discretion to determine whether a record is capable of being produced electronically. District Persons shall make their best efforts to produce records for review by District staff as economically and efficiently as possible.

4. District Persons shall use their best efforts to electronically store public record e-mail

according to the conventions of their e-mail system and retain it electronically pursuant to the District’s retention schedule.

5. The technical details and methods of storing, retrieving and printing e-mail depend on the

e-mail system in use. Consult with the Records Custodian or District Manager for guidance should questions arise.

6. Public records retention is governed by the Florida Department of State, Division of Library

and Information Services, general record schedules and the District’s adopted Record Retention schedule. Should District Persons have any questions regarding retention or disposition of records, please contact the Records Custodian or District Counsel.

Tab 7

Page | 1

Egis Insurance & Risk Advisors

Is pleased to provide a

Proposal of Insurance Coverage for:


Please review the proposed insurance coverage terms and conditions carefully.

Written request to bind must be received prior to the effective date of coverage.

The brief description of coverage contained in this document is being provided as an accommodation only and is not intended to cover or describe all Coverage Agreement terms. For more complete and detailed information relating to the scope and limits of coverage, please refer directly to the Coverage Agreement documents. Specimen forms are available upon request.

Page | 2

About FIA

Florida Insurance Alliance (“FIA”), authorized and regulated by the Florida Office of Insurance Regulation, is a non-assessable, governmental insurance Trust. FIA was created in September 2011 at a time when a large number of Special Taxing Districts were having difficulty obtaining insurance. Primarily, this was due to financial stability concerns and a perception that these small to mid-sized Districts had a disproportionate exposure to claims. Even districts that were claims free for years could not obtain coverage. FIA was created to fill this void with the goal of providing affordable insurance coverage to Special Taxing Districts. Today, FIA proudly serves and protects more than 650 public entity members. Competitive Advantage FIA allows qualifying Public Entities to achieve broad, tailored coverages with a cost-effective insurance program. Additional program benefits include:

Insure-to-value property limits with no coinsurance penalties

First dollar coverage for “alleged” public official ethics violations

Proactive in-house claims management and loss control department

Complimentary risk management services including on-site loss control, property schedule verification and contract reviews

Online Risk Management Education & Training portal

Online HR & Benefits Support portal

HR Hotline

Safety Partners Matching Grant Program How are FIA Members Protected? FIA employs a conservative approach to risk management. Liability risk retained by FIA is fully funded prior to the policy term through member premiums. The remainder of the risk is transferred to reinsurers. FIA’s primary reinsurers, Lloyds of London and Hudson Insurance Company, both have AM Best A XV (Excellent) ratings and surplus of $2Billion or greater. In the event of catastrophic property losses due to a Named Storm (i.e., hurricane), the program bears no risk as all losses are passed on to the reinsurers. FIA purchases property reinsurance to withstand the 1,000-year storm event (probability of exceedance .1%). This level of protection is statistically 2 to 3 times safer than competitors and industry norms. FIA members’ property claims resulting from Hurricane Irma in 2017 amounted to less than 4% of the per occurrence coverage available. What Are Members Responsible For? As a non-assessable Trust, our members are only responsible for two items:

Annual Premiums

Individual Member Deductibles FIA Bylaws prohibit any assessments or other fees. Additional information regarding FIA and our member services can be found at www.fia360.org.

Page | 3

Quotation being provided for:

Channing Park Community Development District c/o Rizzetta & Company 9428 Camden Field Parkway Riverview, FL 33578 Term: October 1, 2018 to October 1, 2019 Quote Number: 100118222

PROPERTY COVERAGE SCHEDULE OF COVERAGES AND LIMITS OF COVERAGE

COVERED PROPERTY

Total Insured Values – Blanket Building and Contents – Per Schedule on file totalling Not Included

Loss of Business Income Not Included

Additional Expense Not Included

Inland Marine

Scheduled Inland Marine Not Included

It is agreed to include automatically under this Insurance the interest of mortgagees and loss payees where applicable without advice.

Valuation Coinsurance

Property Replacement Cost None

Inland Marine Actual Cash Value None

DEDUCTIBLES: Not Applicable Per Occurrence, All other Perils, Building & Contents and Extensions of Coverage.

Not Applicable Total Insured Values per building, including vehicle values, for “Named Storm” at each affected location throughout Florida subject to a minimum of Not Applicable per occurrence, per Named Insured.

Per Attached Schedule Inland Marine

Special Property Coverages

Coverage Deductibles Limit

Earth Movement Not Applicable Not Included

Flood Not Applicable Not Included

Boiler & Machinery Not Included

TRIA Not Included

*Except for Zones A & V see page 8 (Terms and Conditions) excess of NFIP, whether purchased or not

TOTAL PROPERTY PREMIUM Not Included

Page | 4

Extensions of Coverage If marked with an "X" we will cover the following EXTENSIONS OF COVERAGE under this Agreement, These limits of liability do not

increase any other applicable limit of liability.

(X) Code Extension of Coverage Limit of Liability

A Accounts Receivable $500,000 in any one occurrence

B Animals $1,000 any one Animal $5,000 Annual Aggregate in any one agreement period

C Buildings Under Construction As declared on Property Schedule, except new buildings being erected at sites other than a covered location which is limited to $250,000 estimated final contract value any one construction project.

D Debris Removal Expense $250,000 per insured or 25% of loss, whichever is greater

E

Demolition Cost, Operation of Building Laws and Increased Cost of Construction

$500,000 in any one occurrence

F Duty to Defend $100,000 any one occurrence

G Errors and Omissions $250,000 in any one occurrence

H Expediting Expenses $250,000 in any one occurrence

I Fire Department Charges $50,000 in any one occurrence

J Fungus Cleanup Expense $50,000 in the annual aggregate in any one occurrence

K Lawns, Plants, Trees and Shrubs


L Leasehold Interest Included

M Air Conditioning Systems Included

N New locations of current Insureds

$1,000,000 in any one occurrence for up to 90 days, except 60 days for Dade, Broward, Palm Beach from the date such new location(s) is first purchased, rented or occupied whichever is earlier. Monroe County on prior submit basis only

O Personal property of Employees


P Pollution Cleanup Expense $50,000 in any one occurrence

Q Professional Fees $50,000 in any one occurrence

R Recertification of Equipment Included

S Service Interruption Coverage $500,000 in any one occurrence

T Transit $1,000,000 in any one occurrence

U Vehicles as Scheduled Property

Included

V Preservation of Property $250,000 in any one occurrence

W Property at Miscellaneous Unnamed Locations


X Piers, docs and wharves as Scheduled Property

Included on a prior submit basis only

Page | 5

CRIME COVERAGE

Description Limit Deductible Forgery and Alteration Not Included Not Included Theft, Disappearance or Destruction Not Included Not Included Computer Fraud including Funds Transfer Fraud Not Included Not Included Employee Dishonesty, including faithful performance, per loss Not Included Not Included

AUTOMOBILE COVERAGE

COVERAGES SYMBOL LIMIT DEDUCTIBLE

LIABILITY N/A Not Included Not Included

HIRED NON OWNED LIABILITY 8,9 $1,000,000 $0

PERSONAL INJURY PROTECTION 5 STATUTORY $0

AUTO MEDICAL PAYMENTS N/A Not Included Not Included

UNINSURED MOTORISTS/ UNDERINSURED MOTORISTS N/A Not Included Not Included

AUTO PHYSICAL DAMAGE N/A Not Included Not Included

Symbol 8, 9 Hired Non-Owned Autos only

Y Glass and Sanitary Fittings Extension

$25,000 any one occurrence

Z Ingress / Egress 45 Consecutive Days

AA Lock and Key Replacement $2,500 any one occurrence

BB Awnings, Gutters and Downspouts

Included

CC Civil or Military Authority 45 Consecutive days and one mile

Section II B1 Business Income $1,000,000 in any one occurrence

Section II B2 Additional Expenses $1,000,000 in any one occurrence

FIA 120 Active Assailant(s) $1,000,000 in any one occurrence

Page | 6

GENERAL LIABILITY COVERAGE (Occurrence Basis)

Bodily Injury and Property Damage Limit $1,000,000

Personal Injury and Advertising Injury Included

Products & Completed Operations Aggregate Limit Included

Employee Benefits Liability Limit, per person $1,000,000

Herbicide & Pesticide Aggregate Limit $1,000,000

Medical Payments Limit $5,000

Fire Damage Limit Included

No fault Sewer Backup Limit $25,000/$250,000

General Liability Deductible $0

PUBLIC OFFICIALS AND EMPLOYMENT PRACTICES LIABILITY (Claims Made)

Public Officials and Employment Practices Liability Limit Per Claim $1,000,000

Aggregate $2,000,000

Public Officials and Employment Practices Liability Deductible $0

Supplemental Payments: Pre-termination $2,500 per employee - $5,000 annual aggregate. Non-Monetary $100,000 aggregate.

Cyber Liability sublimit included under POL/EPLI

Media Content Services Liability Network Security Liability Privacy Liability First Party Extortion Threat First Party Crisis Management First Party Business Interruption Limit: $100,000 each claim/annual aggregate

Page | 7

PREMIUM SUMMARY

Channing Park Community Development District c/o Rizzetta & Company 9428 Camden Field Parkway Riverview, FL 33578 Term: October 1, 2018 to October 1, 2019 Quote Number: 100118222

PREMIUM BREAKDOWN

Property (Including Scheduled Inland Marine) Not Included Crime Not Included Automobile Liability Not Included Hired Non-Owned Auto Included Auto Physical Damage Not Included General Liability $2,200 Public Officials and Employment Practices Liability $2,200 TOTAL PREMIUM DUE $4,400

IMPORTANT NOTE Defense Cost - Outside of Limit, Does Not Erode the Limit for General Liability, Public Officials Liability, and Employment related Practices Liability.

Deductible does not apply to defense cost. Self-Insured Retention does apply to defense cost.

Additional Notes:

(None)

Page | 8

PARTICIPATION AGREEMENT

Application for Membership in the Florida Insurance Alliance The undersigned local governmental entity, certifying itself to be a public agency of the State of Florida as defined in Section 163.01, Florida Statutes, hereby formally makes application with the Florida Insurance Alliance (“FIA”) for continuing liability and/or casualty coverage through membership in FIA, to become effective 12:01 a.m., 10/01/2018, and if accepted by the FIA’s duly authorized representative, does hereby agree as follows: (a) That, by this reference, the terms and provisions of the Interlocal Agreement creating the Florida

Insurance Alliance are hereby adopted, approved and ratified by the undersigned local governmental entity. The undersigned local governmental entity certifies that it has received a copy of the aforementioned Interlocal Agreement and further agrees to be bound by the provisions and obligations of the Interlocal Agreement as provided therein;

(b) To pay all premiums on or before the date the same shall become due and, in the event Applicant fails

to do so, to pay any reasonable late penalties and charges arising therefrom, and all costs of collection thereof, including reasonable attorneys’ fees;

(c) To abide by the rules and regulations adopted by the Board of Directors; (d) That should either the Applicant or the Fund desire to cancel coverage; it will give not less than thirty

(30) days prior written notice of cancellation; (e) That all information contained in the underwriting application provided to FIA as a condition precedent

to participation in FIA is true, correct and accurate in all respects. Channing Park Community Development District

(Name of Local Governmental Entity) By:

Signature Print Name

Witness By:

Signature Print Name IS HEREBY APPROVED FOR MEMBERSHIP IN THIS FUND, AND COVERAGE IS EFFECTIVE October 1, 2018

By:

Administrator

Tab 8

1

Rizzetta & Company, Inc.

Memo To: Christine Perkins

From: Shandra Torres

CC:

Date: 4/1/2019

Re: Channing Park – Arbitrage Rebate Calculation Series 2007 – 2/28/18

Attached are copies of the Arbitrage Rebate Channing Park – Arbitrage Rebate Calculation Series 2007 – 2/28/19. There is no arbitrage liability at this time. The arbitrage calculations are required by the Internal Revenue Service, as well as bond indenture to ensure compliance with the IRS requirements. This report has been scanned to I:\Districts\Channing Park\Bonds\Arbitrage Rebate Calculations Shandra

Specializing In Tax - Exempt Bond Services

LLS Tax Solutions 2172 W. Nine Mile Rd. #352 Pensacola, FL 32534 Telephone: 850-754-0311 Email: [email protected]

March 14, 2019

Ms. Shandra Torres Channing Park Community Development District c/o Rizzetta & Company, Inc. 12750 Citrus Park Lane, Suite 115 Tampa, Florida 33625 $7,240,000

Channing Park Community Development District (Hillsborough County, Florida) Capital Improvement Revenue Bonds, Series 2007 (Bank Qualified)

Dear Ms. Torres:

Attached you will find our arbitrage report for the above-referenced issue for the final period ended May 30, 2018. This report indicates that there is no cumulative arbitrage liability as of May 30, 2018.

Also, as the Bonds were redeemed in full on May 30, 2018, no further arbitrage calculations will be necessary.

If you have any questions or comments, please do not hesitate to contact me at (850) 754-0311 or by email at [email protected].

Sincerely,

Linda L. Scott Linda L. Scott, CPA cc: Ms. Stacey Johnson, US Bank, Orlando, FL.

Channing Park Community Development District $7,240,000 Channing Park Community Development District (Hillsborough County, Florida) Capital Improvement Revenue Bonds, Series 2007 (Bank Qualified) For the period ended May 30, 2018

Specializing In Tax - Exempt Bond Services


March 14, 2019

Channing Park Community Development District c/o Rizzetta & Company, Inc. 12750 Citrus Park Lane, Suite 115 Tampa, Florida 33625 Re: $7,240,000 Channing Park Community Development District (Hillsborough County, Florida) Capital Improvement Revenue Bonds, Series 2007 (Bank Qualified) (“Bonds”) Channing Park Community Development District (“Client”) has requested that we prepare certain computations related to the above-described Bonds for the period ended May 30, 2018 (“Computation Period”). The scope of our engagement consisted of the preparation of computations to determine the Rebate Requirement for the Bonds for the Computation Period as described in Section 148(f) of the Internal Revenue Code of 1986, as amended (“Code”), and this report is not to be used for any other purpose.

In order to prepare these computations, we were provided by the Client with and have relied upon certain closing documents for the Bonds and investment earnings information on the proceeds of the Bonds during the Computation Period. The attached schedule is based upon the aforementioned information provided to us. The assumptions and computational methods we used in the preparation of the schedule are described in the Summary of Notes, Assumptions, Definitions and Source Information. A brief description of the schedule is also attached.

The results of our computations indicate a negative Cumulative Rebate Requirement of $(270,159.88) at May 30, 2018. As such, no amount must be on deposit in the Rebate Fund. Also, as the Bonds were redeemed in full on May 30, 2018, no further arbitrage calculations will be necessary.

As specified in the Arbitrage Certificate, the calculations have been performed based upon a Bond Yield of 5.343207%. Accordingly, we have not recomputed the Bond Yield.

The scope of our engagement was limited to the preparation of a mathematically accurate Rebate Requirement for the Bonds for the Computation Period based on the information provided to us. The Rebate Requirement has been determined as described in the Code, and regulations promulgated thereunder (“Regulations”). We have no obligation to update this report because of events occurring, or information coming to our attention, subsequent to the date of this report.

LLS Tax Solutions Inc.

SUMMARY OF NOTES, ASSUMPTIONS, DEFINITIONS, SOURCE INFORMATION, AND DESCRIPTION OF SCHEDULE

Channing Park Community Development District March 14, 2019 $7,240,000 Capital Improvement Revenue Bonds, Series 2007 (Bank Qualified) For the period ended May 30, 2018

- 2 -

NOTES AND ASSUMPTIONS 1. The issue date of the Bonds is March 16, 2007.

2. The end of the first Bond Year for the Bonds is February 28, 2008.

3. Computations of yield are based upon a 28-day month, a 360-day year and semiannual compounding.

4. We have assumed that the only funds and accounts relating to the Bonds that are subject to rebate under Section 148(f) of the Code are shown in the attached schedule.

5. For investment cash flow purposes, all payments and receipts are assumed to be paid or received, respectively, as shown in the attached schedule. In determining the Rebate Requirement for the Bonds, we have relied on information provided by you without independent verification, and we can therefore express no opinion as to the completeness or suitability of such information for such purposes. In addition, we have undertaken no responsibility to review the tax-exempt status of interest on the Bonds.

6. We have assumed that the purchase and sale prices of all investments as represented to us are at fair market value, exclusive of brokerage commissions, administrative expenses, or similar expenses, and representative of arms’ length transactions that did not artificially reduce the Rebate Requirement for the Bonds, and that no “prohibited payments” occurred and no “imputed receipts” are required with respect to the Bonds.

7. Ninety percent (90%) of the Rebate Requirement as of the next “computation date” (“Next Computation Date”) is due to the United States Treasury not later than 60 days thereafter (“Next Payment Date”). (An issuer may select any date as a computation date, as long as the first computation date is not later than five years after the issue date, and each subsequent computation date is no more than five years after the previous computation date.) No other payment of rebate is required prior to the Next Payment Date. The Rebate Requirement as of the Next Computation Date will not be the Rebate Requirement reflected herein but will be based on future computations that will include the period ending on the Next Computation Date. If all of the Bonds are retired prior to what would have been the Next Computation Date, one hundred percent (100%) of the unpaid Rebate Requirement computed as of the date of retirement will be due to the United States Treasury not later than 60 days thereafter.

8. For purposes of determining what constitutes an “issue” under Section 148(f) of the Code, we have assumed that the Bonds constitute a single issue and are not required to be aggregated with any other bonds.



- 3 -

NOTES AND ASSUMPTIONS (cont’d)

9. The accrual basis of accounting has been used to calculate earnings on investments. Earnings accrued but not received at the last day of the Computation Period are treated as though received on that day. For investments purchased at a premium or a discount (if any), amortization or accretion is included in the earnings accrued at the last day of the Computation Period. Such amortization or accretion is computed in such a manner as to result in a constant rate of return for such investment. This is equivalent to the “present value” method of valuation that is described in the Regulations.

10. No provision has been made in this report for any debt service fund. Under Section 148(f)(4)(A) of the Code, a “bona fide debt service fund” for public purpose bonds issued after November 10, 1988 is not subject to rebate if the average maturity of the issue of bonds is at least five years and the rates of interest on the bonds are fixed at the issue date. It appears and has been assumed that the debt service fund allocable to the Bonds qualifies as a bona fide debt service fund, and that this provision applies to the Bonds.

11. In order to prepare the Arbitrage Calculation we have relied on prior arbitrage report by Deloitte Tax LLP with respect to the Rebate Requirement Liability as of February 28, 2011.



- 4 -

DEFINITIONS

1. Bond Year: Each one-year period that ends on the day selected by the Client. The first and last Bond Years may be shorter periods.

2. Bond Yield: The yield that, when used in computing the present value (at the issue date of the Bonds) of all scheduled payments of principal and interest to be paid over the life of the Bonds, produces an amount equal to the Issue Price.

3. Allowable Earnings: The amount that would have been earned if all nonpurpose investments were invested at a rate equal to the Bond Yield, which amount is determined under a future value method described in the Regulations.

4. Computation Date Credit: A credit allowed by the Regulations as a reduction to the Rebate Requirement on certain prescribed dates.

5. Rebate Requirement: The excess of actual earnings over Allowable Earnings and Computation Date Credits.

6. Issue Price: Generally, the initial offering price at which a substantial portion of the Bonds is sold to the public. For this purpose, 10% is a substantial portion.



- 5 -

SOURCE INFORMATION

Bonds Source

Closing Date Arbitrage Certificate

Bond Yield Arbitrage Certificate

Investments Source

Principal and Interest Receipt Amounts Trust Statements and Dates

Investment Dates and Purchase Prices Trust Statements



- 6 -

DESCRIPTION OF SCHEDULE SCHEDULE 1 - REBATE REQUIREMENT CALCULATION

Schedule 1 sets forth the amount of interest receipts and gains/losses on sales of investments and the calculation of the Rebate Requirement.

$7,240,000 CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT (HILLSBOROUGH COUNTY, FLORIDA) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2007 (BANK QUALIFIED)

SCHEDULE 1 - REBATE REQUIREMENT CALCULATION

3 / 16 / 2007 ISSUE DATE3 / 1 / 2017 BEGINNING OF COMPUTATION PERIOD5 / 30 / 2018 COMPUTATION DATE

INVESTMENT EARNINGS OTHER FUTURE VALUEVALUE AT ON DEPOSITS AT BOND YIELD ALLOWABLE

3 /DATE

1 / 2017 BEGINING BALANCECOMPUTATION DATE INVESTMENTS

0.00(WITHDRAWALS)

119,797.875.343207%

127,941.47EARNINGS

8,143.603 / 1 / 2017 RESERVE FUND 37.96 0.00 0.00 0.003 / 2 / 2017 RESERVE FUND 0.00 (37.96) (40.53) (2.57)4 / 3 / 2017 RESERVE FUND 52.91 0.00 0.00 0.004 / 4 / 2017 RESERVE FUND 0.00 (52.91) (56.23) (3.32)5 / 1 / 2017 RESERVE FUND 0.00 (5,067.21) (5,364.32) (297.11)5 / 1 / 2017 RESERVE FUND 61.14 0.00 0.00 0.005 / 2 / 2017 RESERVE FUND 0.00 (61.14) (64.72) (3.58)6 / 1 / 2017 RESERVE FUND 62.47 0.00 0.00 0.006 / 2 / 2017 RESERVE FUND 0.00 (62.47) (65.83) (3.36)7 / 3 / 2017 RESERVE FUND 72.12 0.00 0.00 0.007 / 5 / 2017 RESERVE FUND 0.00 (72.12) (75.64) (3.52)8 / 1 / 2017 RESERVE FUND 83.84 0.00 0.00 0.008 / 2 / 2017 RESERVE FUND 0.00 (83.84) (87.58) (3.74)9 / 1 / 2017 RESERVE FUND 84.33 0.00 0.00 0.009 / 5 / 2017 RESERVE FUND 0.00 (84.33) (87.67) (3.34)

10 / 2 / 2017 RESERVE FUND 82.62 0.00 0.00 0.0010 / 3 / 2017 RESERVE FUND 0.00 (82.62) (85.54) (2.92)11 / 1 / 2017 RESERVE FUND 0.00 (2,660.18) (2,742.88) (82.70)11 / 1 / 2017 RESERVE FUND 88.29 0.00 0.00 0.0011 / 2 / 2017 RESERVE FUND 0.00 (88.29) (91.02) (2.73)12 / 1 / 2017 RESERVE FUND 88.52 0.00 0.00 0.0012 / 4 / 2017 RESERVE FUND 0.00 (88.52) (90.83) (2.31)12 / 19 / 2017 RESERVE FUND 0.00 (1,915.19) (1,960.89) (45.70)

1 / 2 / 2018 RESERVE FUND 102.75 0.00 0.00 0.001 / 3 / 2018 RESERVE FUND 0.00 (102.75) (104.99) (2.24)2 / 1 / 2018 RESERVE FUND 112.58 0.00 0.00 0.002 / 2 / 2018 RESERVE FUND 0.00 (112.58) (114.54) (1.96)3 / 1 / 2018 RESERVE FUND 103.94 0.00 0.00 0.003 / 2 / 2018 RESERVE FUND 0.00 (103.94) (105.29) (1.35)4 / 2 / 2018 RESERVE FUND 130.76 0.00 0.00 0.004 / 3 / 2018 RESERVE FUND 0.00 (130.76) (131.86) (1.10)

Page 1

$7,240,000 CHANNING PARK COMMUNITY DEVELOPMENT DISTRICT (HILLSBOROUGH COUNTY, FLORIDA) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2007 (BANK QUALIFIED)

SCHEDULE 1 - REBATE REQUIREMENT CALCULATION

3 / 16 / 2007 ISSUE DATE3 / 1 / 2017 BEGINNING OF COMPUTATION PERIOD5 / 30 / 2018 COMPUTATION DATE

INVESTMENT EARNINGS OTHER FUTURE VALUEVALUE AT ON DEPOSITS AT BOND YIELD ALLOWABLE

4 /DATE

30 / 2018COMPUTATION DATE

RESERVE FUNDINVESTMENTS (W

0.00ITHDRAWALS)

(54,650.81)5.343207%

(54,891.49)EARNINGS

(240.68)4 / 30 / 2018 RESERVE FUND 0.00 (55,000.00) (55,242.21) (242.21)4 / 30 / 2018 RESERVE FUND 0.00 (54,650.81) (54,891.49) (240.68)5 / 1 / 2018 RESERVE FUND 0.00 54,650.81 54,883.45 232.645 / 1 / 2018 RESERVE FUND 133.27 0.00 0.00 0.005 / 2 / 2018 RESERVE FUND 0.00 (133.27) (133.82) (0.55)5 / 10 / 2018 RESERVE FUND

0.00

ACTUAL EARNINGS

0.001,297.50

1,297.50

(504.48)(1,297.50)

(505.96)5,889.59

(1.48)7,187.09

ALLOWABLE EARNINGS

REBATE REQUIREMENT

7,187.09

(5,889.59)FUTURE VALUE OF 2/28/2017 CUMULMATIVE REBATE REQUIREMENT (260,817.23)FUTURE VALUE OF 2/28/2018 COMPUTATION DATE CREDIT (1,723.06)COMPUTATION DATE CREDIT

CUMULATIVE REBATE REQUIREMENT

(1,730.00)

(270,159.88)

Page 2

Tab 9

Specializing In Tax - Exempt Bond Service


April 2, 2019 Channing Park Community Development District c/o Rizzetta & Company, Inc. 12750 Citrus Park Lane Suite 115 Tampa, Florida 33625 Thank you for choosing LLS Tax Solutions Inc. (“LLS Tax”) to provide arbitrage services to Channing Park Community Development District (“Client”) for the following bond issues. This Engagement Letter describes the scope of the LLS Tax services, the respective responsibilities of LLS Tax and Client relating to this engagement and the fees LLS Tax expects to charge.

• $1,620,000 Channing Park Community Development District Capital Improvement Revenue Refunding Bonds, Series 2018 SCOPE OF SERVICES

The procedures that we will perform are as follows:

• Assist in calculation of the bond yield, unless previously computed and provided to us.

• Assist in determination of the amount, if any, of required rebate to the federal government.

• Issuance of a report presenting the cumulative results since the issue date of the issue of bonds.

• Preparation of necessary reports and Internal Revenue Service (“IRS”) forms to accompany any required payment to the federal government.

As a part of our engagement, we will read certain documents associated with each issue of bonds for which services are being rendered. We will determine gross proceeds of each issue of bonds based on the information provided in such bond documents. You will have sole responsibility for determining any other amounts not discussed in those documents that may constitute gross proceeds of each series of bonds for the purposes of the arbitrage requirements.

TAX POSITIONS AND REPORTABLE TRANSACTIONS

Because the tax law is not always clear, we will use our professional judgment in resolving questions affecting the arbitrage calculations. Unless you instruct us otherwise, we will take the reporting position most favorable to you whenever reasonable. Any of your bond issues may be selected for review by the IRS, which may not agree with our positions. Any proposed adjustments are subject to certain rights of appeal. Because of the lack of clarity in the law, we cannot provide assurances that

the positions asserted by the IRS may not ultimately be sustained, which could result in the assessment of potential penalties. You have the ultimate responsibility for your compliance with the arbitrage laws; therefore, you should review the calculations carefully.

The IRS and some states have promulgated “tax shelter” rules that require taxpayers to disclose their participation in “reportable transactions” by attaching a disclosure form to their federal and/or state income tax returns and, when necessary, by filing a copy with the Internal Revenue Service and/or the applicable state agency. These rules impose significant requirements to disclose transactions and such disclosures may encompass many transactions entered into in the normal course of business. Failure to make such disclosures will result in substantial penalties. In addition, an excise tax is imposed on exempt organizations (including state and local governments) that are a party to prohibited tax shelter transactions (which are defined using the reportable transaction rules). Client is responsible for ensuring that it has properly disclosed all “reportable transactions” and, where applicable, complied with the excise tax provision. The LLS Tax services that are the subject of this Engagement Letter do not include any undertaking by LLS Tax to identify any reportable transactions that have not been the subject of a prior consultation between LLS Tax and Client. Such services, if desired by Client, will be the subject of a separate engagement letter. LLS Tax may also be required to report to the IRS or certain state tax authorities certain tax services or transactions as well as Client’s participation therein. The determination of whether, when and to what extent LLS Tax complies with its federal or state “tax shelter” reporting requirements will be made exclusively by LLS Tax. LLS Tax will not be liable for any penalties resulting from Client’s failure to accurately and timely file any required disclosure or pay any related excise tax nor will LLS Tax be held responsible for any consequences of its own compliance with its reporting obligations. Please note that any disclosure required by or made pursuant to the tax shelter rules is separate and distinct from any other disclosure that Client might be required to or choose to make with its tax returns (e.g., disclosure on federal Form 8275 or similar state disclosure).

PROFESSIONAL FEES AND EXPENSES

Our professional fees for services listed above for the three annual bond years ended April 29, 2019, April 29, 2020, and April 29, 2021 is $1,500, which is $500 each year. We will bill you upon completion of our services or on a monthly basis. Our invoices are payable upon receipt. Additionally, you may request additional consulting services from us upon occasion; we will bill you for these consulting services at a beforehand agreed upon rate.

Unanticipated factors that could increase our fees beyond the estimate given above include the following (without limitation). Should any of these factors arise we will alert you before additional fees are incurred.

• Investment data provided by you is not in good order or is unusually voluminous.

• Proceeds of bonds have been commingled with amounts not considered gross proceeds of the bonds (if that circumstance has not previously been communicated to us).

• A review or other inquiry by the IRS with respect to an issue of bonds.

The Client (District) has the option to terminate this Agreement within ninety days of providing notice to LLS Tax Solutions Inc. of its intent.

ACCEPTANCE

You understand that the arbitrage services, report and IRS forms described above are solely to assist you in meeting your requirements for federal income tax compliance purposes. This Engagement Letter constitutes the entire agreement between Client and LLS Tax with respect to this engagement, supersedes all other oral and written representations, understandings or agreements relating to this engagement, and may not be amended except by the mutual written agreement of the Client and LLS Tax.

Please indicate your acceptance of this agreement by signing in the space provided below and returning a copy of this Engagement Letter to us. Thank you again for this opportunity to work with you.

Very truly yours, AGREED AND ACCEPTED: LLS Tax Solutions Inc. Channing Park Community Development District

By:

By: Linda L. Scott Print Name

Linda L. Scott, CPA Title

Date:

Arbitrage Rebate Computation

Proposal For


(Hillsborough County, Florida)

$1,620,000 Capital Improvement Revenue Refunding Bonds Series 2018

April 1, 2019 Channing Park Community Development District Rizzetta & Company 12750 Citrus Park Lane, Suite 115 Tampa, FL 33625 Re: Arbitrage Rebate Computation Proposal for the Channing Park Community Development

District (Hillsborough County, Florida), $1,620,000 Capital Improvement Revenue Refunding Bonds, Series 2018

To Whom It May Concern: Thank you for having Rizzetta contact our office and request this Proposal for the above-referenced Channing Park Community Development District (the “District”) bond issue (the “Bonds”). AMTEC is an independent consulting firm that specializes in arbitrage rebate calculations. We have the ability to complete rebate computations for the above-referenced Bonds. We do not sell investments or seek an underwriting role. As a result of our specialization, we offer very competitive pricing for rebate computations. Our typical fee averages less than $1,000 per year, per issue and includes up to five years of annual rebate liability reporting. Firm History

AMTEC was incorporated in 1990 and maintains a prominent client base of community development districts, colleges and universities, school districts, hospitals, cities, state agencies and small-town bond issuers throughout the United States. We currently compute rebate for more than 5,900 bond issues and have delivered thousands of rebate reports. The IRS has never challenged our findings. Southeast Client Base

We provide arbitrage rebate services to over 350 bond issues aggregating more than $9.1 billion of tax-exempt debt in the southeastern United States. In Florida, we are exclusive rebate consultant to the City of Palm Beach and the County of St. Lucie, in addition to working on nearly 100 separate CDD bond issuances throughout the State. Nationally, we are rebate consultants for the City of Tulsa (OK), the City of Corpus Christi (TX) and the States of Connecticut, New Jersey, Montana, Mississippi, Alaska and West Virginia. We have prepared a Proposal for the computation of arbitrage for the Bonds. We have established a "bond year end" of April 30th, based on the closing date in 2018.

3

Proposal

We are proposing rebate computation services based on the following:

$1,620,000 Capital Improvement Revenue Refunding Bonds, Series 2018 Fixed Rate Bonds Escrow, Cost of Issuance, Debt Service Reserve and Debt Service Funds.

Should the Tax Agreement require rebate computations for any other accounts, computations will be extended to include those accounts at no additional cost to the District. Our guaranteed fee for rebate computations for the Bonds is $450 per year and will encompass all activity from April 30, 2018, the date of the closing, through April 30, 2023. The fee is based upon the size as well as the complexity. Our fee is payable upon your acceptance of our rebate reports, which will be delivered shortly after the report dates specified in the following table. AMTEC's Professional Fee

Report Date Type of Report Period Covered Fee April 30, 2019 Rebate and Opinion Closing – April 30, 2019 $ 450April 30, 2020 Rebate and Opinion Closing – April 30, 2020 $ 450April 30, 2021 Rebate and Opinion Closing – April 30, 2021 $ 450April 30, 2022 Rebate and Opinion Closing – April 30, 2022 $ 450April 30, 2023 Rebate and Opinion Closing – April 30, 2023 * $ 450

* IRS required reporting date. The documentation required for the production of the Rebate Reports is as follows:

1. Bank statements, for all funds and accounts, for the period beginning on April 30, 2018, the date of the closing, through each report date.

AMTEC's Scope of Services

Our standard engagement includes the following services:

Review of all bond documents and account statements for possible rebate exceptions;

Computation of the rebate liability and/or the yield restricted amount, in accordance with Section 148 of the Internal Revenue Code, commencing with the date of the closing through each report date;

Independent calculation of the yield on the Bonds to ensure the correct basis for any rebate liability. This effort provides the basis for our unqualified opinion;

Reconciliation of the sources and uses of funds from the bond documentation;

Calculation and analysis of the yield on all investments, subject to the Regulations, for each computation period;

Production of rebate reports, indicating the above stated information, and the issuance of the AMTEC Opinion;

Recommendations for proactive rebate management;

4

Commingled funds, transferred proceeds and yield restriction analyses, if necessary;

Preparation of IRS Form 8038-T and any accompanying documentation, should a rebate payment be required;

We will discuss the results of our Reports with you, your auditors, and our continued support in the event of an IRS inquiry; and

We guarantee the completeness and accuracy of our work.

Thank you for considering AMTEC for this assignment and should you have any questions, please do not hesitate to contact us. Channing Park Community Development District Consultant: American Municipal Tax-Exempt

Compliance Corporation

By: By: Michael J. Scarfo Senior Vice President

Tab 10

VGlobalTech.com ~ Experience Innovation Page 1 of 14

Your strategic partner for Web Design, Software, Marketing, and SEO solutions.

Call: 321-947-7777 | Email: [email protected] Private and Confidential Document. No part of this document shall be produced, sent, copied to any parties it is not intended for. It is

intended for the entities listed clearly on this proposal. Any distribution without written consent shall be procecuted

Proposal For

Channing Park CDD (URL: http://channingparkcdd.org/ )

Website Accessibility for People with Disabilities as per Nondiscrimination requirements of Title II of the American Disabilities Act (ADA) & WCAG

Date Version# Comments Author

August 13, 2018 1.0 Updated The Law, ADA and WCAG section details VB Joshi, Kristen T

January 10th, 2019 2.0 Updated conversion and support costs based on discussed scope VB Joshi

February 25, 2019 2.2 Updated fee-simple pricing and human audit seal VB Joshi

March 21, 2019 2.3 Added quarterly audit as per insurance requirement VB Joshi

March 28, 2019 2.4 Updated Annual Maintenance price for ADA support only VB Joshi

May 7, 2019 2.5 Updated for CDD specific info after conversing with CDD Manager VB Joshi

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

(* Human Audit Contract required. Please email [email protected] for audit proposal)

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. Visit https://vglobaltech.com/website-compliance/ for details.

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.

http://channingparkcdd.org/

mailto:[email protected]

https://vglobaltech.com/website-compliance/





Table of Contents

1.0 The Law .......................................................................................................................................................... 3

2.0 ADA & WCAG Compliance – Introduction ........................................................................................ 5

2.1 Common Problems and Solutions in Website Accessibility? ................................................ 6

2.1.1 Problem: Images Without Text Equivalents ........................................................................... 6

2.1.2 Problem: Documents Are Not Posted In an Accessible Format ....................................... 6

2.1.3 Problem: Specifying Colors and Font Sizes ............................................................................. 6

2.1.4 Problem: Videos and Other Multimedia Lack Accessible Features ................................ 6

2.1.5 Web Content Accessibility Guidelines (WCAG) ..................................................................... 7

3.0 Pricing ............................................................................................................................................................. 9

3.1 Existing Website Remediation / New Website Build and Quarterly Audit: .................... 9

3.2 Quarterly Technical and Human Audit ....................................................................................... 10

3.3 ADA Compliance Monthly Maintenance and Upgrade ......................................................... 11

4.0 Proposal Acceptance:............................................................................................................................. 13

5.0 References: ................................................................................................................................................ 14





1.0 The Law

Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0189/Sections/0189.069.html

189.069 Special districts; required reporting of information; web-based public access. —

(1) Beginning on October 1, 2015, or by the end of the first full fiscal year after its creation, each special district shall maintain an official website containing the information required by this section. Each special district shall submit its official website address to the department.

(a) Each independent special district shall maintain a separate website.

(b) Each dependent special district shall be prominently displayed on the home page of the website of the local general-purpose government upon which it is dependent with a hyperlink to such webpages as are necessary to provide the information required by this section. A dependent special district may maintain a separate website providing the information required by this section.

(2)(a) A special district shall post the following information, at a minimum, on the district’s official website:

1. The full legal name of the special district.

2. The public purpose of the special district.

3. The name, official address, official e-mail address, and, if applicable, term and appointing authority for each member of the governing body of the special district.

4. The fiscal year of the special district.

5. The full text of the special district’s charter, the date of establishment, the establishing entity, and the statute or statutes under which the special district operates, if different from the statute or statutes under which the special district was established. Community development districts may reference chapter 190 as the uniform charter but must include information relating to any grant of special powers.

6. The mailing address, e-mail address, telephone number, and website uniform resource locator of the special district.

7. A description of the boundaries or service area of, and the services provided by, the special district.

8. A listing of all taxes, fees, assessments, or charges imposed and collected by the special district, including the rates or amounts for the fiscal year and the statutory authority for the levy

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0189/Sections/0189.069.html

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0189/Sections/0189.069.html





of the tax, fee, assessment, or charge. For purposes of this subparagraph, charges do not include patient charges by a hospital or other health care provider.

9. The primary contact information for the special district for purposes of communication from the department.

10. A code of ethics adopted by the special district, if applicable, and a hyperlink to generally applicable ethics provisions.

11. The budget of the special district and any amendments thereto in accordance with s.189.016.

12. The final, complete audit report for the most recent completed fiscal year and audit reports required by law or authorized by the governing body of the special district.

13. A listing of its regularly scheduled public meetings as required by s. 189.015(1).

14. The public facilities report, if applicable.

15. The link to the Department of Financial Services’ website as set forth in s. 218.32(1)(g).

16. At least 7 days before each meeting or workshop, the agenda of the event, along with any meeting materials available in an electronic format, excluding confidential and exempt information. The information must remain on the website for at least 1 year after the event.

(b) The department’s website list of special districts in the state required under s. 189.061shall include a link for each special district that provides web-based access to the public for all information and documentation required for submission to the department pursuant to subsection

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0189/Sections/0189.016.html








2.0 ADA & WCAG Compliance – Introduction

Every individual must have equal access to information whether it is in person service or online. This is a general agreement and understanding of access.

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 of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other 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 of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites 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 of access in terms of hours of operation and the range of options and programs available.

The World Wide Web Consortium (W3C) sets the main international standards for the 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.

Many countries and international organizations require compliance with WCAG 2.0 and 2.1. The guidelines are categorized into three levels of compliance: A (must support), AA (should support), and AAA (may support). Representatives from the accessibility community around the world participate in the evolution of these guidelines.

Source: https://www.w3.org/WAI/standards-guidelines/wcag/

Visit http://vglobaltech.com/website-compliance/ for more details, do a website compliance check on your website and to download a PDF proposal.

https://www.w3.org/WAI/standards-guidelines/wcag/

http://vglobaltech.com/website-compliance/





2.1 Common Problems and Solutions in Website Accessibility?

2.1.1 Problem: Images Without Text Equivalents Solution: Add a Text Equivalent to Every Image

Adding a line of simple HTML code to provide text for each image and graphic will enable a user with a vision disability to understand what it is. Add a type of HTML tag, such as an “alt” tag for brief amounts of text or a “longdesc” tag for large amounts, to each image and graphic on your agency’s website.

The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor’s picture, adding an “alt” tag with the words “Photograph of Mayor Jane Smith” provides a meaningful description.

In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”

2.1.2 Problem: Documents Are Not Posted In an Accessible Format Solution: Post Documents in a Text-Based Format

Always provide documents in an alternative text-based format, such as HTML or RTF (Rich Text Format), in addition to PDF. Text-based formats are the most compatible with assistive technologies.

2.1.3 Problem: Specifying Colors and Font Sizes Solution: Avoid Dictating Colors and Font Settings

Websites should be designed so they can be viewed with the color and font sizes set in users’ web browsers and operating systems. Users with low vision must be able to specify the text and background colors as well as the font sizes needed to see webpage content.

2.1.4 Problem: Videos and Other Multimedia Lack Accessible Features Solution: Include Audio Descriptions and Captions

Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.





2.1.5 Web Content Accessibility Guidelines (WCAG)

Understanding the Four Principles of Accessibility

The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content. Anyone who wants to use the Web must have content that is:

1. Perceivable - Information and user interface components must be presentable to users in ways they can perceive.

o This means that users must be able to perceive the information being presented (it can't be invisible to all of their senses)

2. Operable - User interface components and navigation must be operable.

o This means that users must be able to operate the interface (the interface cannot require interaction that a user cannot perform)

3. Understandable - Information and the operation of user interface must be understandable.

o This means that users must be able to understand the information as well as the operation of the user interface (the content or operation cannot be beyond their understanding)

4. Robust - Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.

o This means that users must be able to access the content as technologies advance (as technologies and user agents evolve, the content should remain accessible)

If any of these are not true, users with disabilities will not be able to use the Web.

Under each of the principles are guidelines and Success Criteria that help to address these principles for people with disabilities. There are many general usability guidelines that make content more usable by all people, including those with disabilities. However, in WCAG 2.1, we only include those guidelines that address problems particular to people with disabilities. This includes issues that block access or interfere with access to the Web more severely for people with disabilities.

See reference section at the end of this document for more information and websites for ADA, Usability and other important compliance issues and solutions.





VGlobalTech development and business management team shall study these compliance guidelines and with our technical capabilities apply these to make your website accessible, compatible and fully functional for all people, including those with disabilities.

Visit https://vglobaltech.com/website-compliance/ for details of our compliance process and expertise in this area.

Please see References section for several resources on compliance.

https://vglobaltech.com/website-compliance/





3.0 Pricing

Website Complexity: Small to Medium Level Websites VGlobalTech team shall complete the following critical tasks for client website. All costs below are per website / CDD:

3.1 Existing Website Remediation / New Website Build and Quarterly Audit:

Task

1. Remediate existing website / Build new website from start for ADA and WCAG compliance requirements – ALL webpages on the website. Create accessibility document, code review, html updates, plugins / security updates required for ADA and WCAG compliance

2. Cross-Device Check (Website needs to appear as per ADA standards on Mobile Phones, Tablets, Desktops etc). Braille Readers, Other assistance technology compatibility

3. ADA Standards application (as per Section 1 above). ADA.gov, Web Content Accessibility Guidelines (WCAG)

4. PDF Documents conversion (to Text, HTML etc) as needed for ADA Compliance / Reader Compliance (upto 2 years of documents shall be converted)

5. Create a webpage showing websites ADA Compliance efforts

6. Create customized footer with VGlobalTech’s ADA Compliance Seal (valid for 1 year only)

Web design Sub-Total: $4250/- (one time)





3.2 Quarterly Technical and Human Audit

Quarterly Technical and Human Audit testing is performed by actual visually impaired personnel using accessibility tools like reader programs, magnifiers and other tools available. Testing is performed by VGlobalTech preferred partner agency LightHouse Works at their lab.

Human Audit Seal shall be provided for your website. Seal shall be updated every quarter along with VGlobalTech’s technical seal.

Quarterly Audits are a requirement from GIS and FIA Insurance agencies. Please review the document below and consult your insurance agency for verification:

https://vglobaltech.com/wp-content/uploads/2019/03/FIA_ADA_Guidelines-2019-2020.pdf

Human Audit Subtotal: $1200/- (annually)







3.3 ADA Compliance Monthly Maintenance and Upgrade

Maintenance contract starts after initial conversion is completed (Optional Maintenance – It is critical to maintain compliance as websites get updated): The Annual Maintenance DOES NOT include the quarterly audits proposed in the previous section.

Task

1. Assist with ADA Website Compliance tasks for current / new website on an ongoing basis – All new webpages and content that is put on the website – Customer must notify what updates are made (content shall be uploaded by client, VGlobalTech shall provide feedback on the content ADA requirements – This is as per customers’ request. Please contact VGlobalTech if a full maintenance, including content upload is required)

2. PDF Documents conversion (to Text, HTML etc) as needed (new documents during the maintenance year only) for ADA Compliance / Reader Compliance. VGlobalTech’s proprietary batch conversion software is included as long as the contract is valid (big time saver that creates compliant documents that can be uploaded to the website). There is no limit on how many documents you can convert using VGlobalTech’s software. If Auto conversion fails, VGlobalTech team shall perform manual OCR and conversion within 24 hrs.

Monthly Maintenance: (starts after initial compliance engagement

quoted above is complete): $1440 /- (annually – can be broken into equal monthly charges) *support beyond 7 hrs / month shall be billed at $55 / hr separately **Annual maintenance can be broken up into smaller monthly bills.





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 of the 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 of technical 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 of whether 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 of this agreement. All information development will be shared and proprietary information and property between client and service providers.

http://www.vglobaltech.com/





4.0 Proposal Acceptance:

To accept these project, associated costs and conditions as listed above please sign and date below.

The VGlobalTech proposed solution and terms have been accepted by the customer and the VGlobalTech team can proceed with the project. All payments shall be made according to this agreement.

Select Proper Option Below, Sign and Date, Return to [email protected]:

Option1: Existing Website Remediation / New Website build plus Quarterly Audit

As per Section 3.1 and 3.2

Option 2: Existing Website Remediation/ New Website build plus Quarterly Audit AND Annual Maintenance with compliance seal updated yearly

As per Section 3.1, 3.2 and 3.3

For Customer Date

VB Joshi

For VGlobalTech Date





5.0 References:

ADA Best Practices Tool Kit for State and Local Governments: https://www.ada.gov/pcatoolkit/chap5toolkit.htm

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

Web design Standards: https://www.w3schools.com/

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

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

https://www.ada.gov/pcatoolkit/chap5toolkit.htm

https://www.ada.gov/websites2.htm

https://www.w3schools.com/

https://www.w3.org/TR/WCAG21/

http://vglobaltech.com/website-compliance/

Channing Park CDD

Website Compliance and Accessibility

ADA Site Compliance is a leading provider of website accessibility and

solutions for businesses and government. Our team includes specialists

in auditing and remediation, coding, PDFs and WCAG compliance.

Entities of all sizes and across industries trust our expertise in making

their digital assets usable and enjoyable for all while meeting the

guidelines of the ADA.

The Florida Department of Economic Opportunity requires that all special district websites, by law,

be fully accessible to those with disabilities. Community Development Districts (CDDs) and other

special purpose entities must ensure that all content on their sites comply with the Americans with

Disabilities Act, a 1990 federal law.

HEARING IMPAIRED

All media that can be

heard – videos, sound

bites – must have a

written description.

VISUALLY IMPAIRED

Sites must be properly built to

let assistive devices read all

visual elements aloud to blind

and low-vision users.

PHYSICALLY IMPAIRED

Keyboard shortcuts

must permit disabled

users to navigate a site

without using a mouse.

• Web accessibility lawsuits are on the rise and continue to be backed by the

U.S. Department of Justice.

• The cost to hire attorneys and pay associated fees can range from tens of

thousands of dollars to the high-six-figures.

• Related costs include human capital, negative PR, stress on your district, and

reputational damage via traditional and social media.

Compliance Shield

A certificate on your web-

site indicates that you have

a compliance plan in place

and are taking active steps

toward usability for all.

Site Accessibility Policy

A compliance plan details

your strides toward access

for all and lists alternate

contact info for users in

need of accommodations.

Compliance Audit Report

A detailed audit report

shows the lines of code to be

corrected and screen shots

and text descriptions of

every compliance failure.

Option 1 – Audit & Remediation of Your Current Site

Phase 1

Technological Auditing

Technological auditing identifies up to 30% of the errors on a website. A detailed report indicates the line of code to be

corrected, along with a screen shot of the error and a recommendation for remediating the issue.

Phase 2

Human Expert Auditing

Only human expert auditing can reveal the 70-80% of compliance failures that technological auditing cannot find. This applies

both to webpages and PDFs, the latter of which can only be made accessible with human-expert-led remediation.

Option 2 – Site Migration

Phase 1

Migration of All Content

Our technical team migrates your existing website over to a brand new site built on accessible themes that ADA Site

Compliance has designed and maintains – and that is proven to be compliant under the ADA.

Phase 2

Quality Assurance

Post-migration, our technical team tests your newly migrated site for the same WCAG 2.1-level criteria we use when auditing

and remediating existing sites.

Without human expert auditing, your website and

PDFs will not be compliant, accessible, and usable.

Auditing correctly the first time saves you time and money.

❑ Option 1:

$5,900 (year one) - auditing & remediation of the existing Channing Park CDD website

- Channing Park CDD owns 100% of the website content

$1,500 (annually) - to ensure continued accessibility and compliance as WCAG standards change

- includes 10 free hours of annual consulting (a $2,500 value)

- includes monthly tech audit reports for ongoing maintenance (a $499 value)

- annual fee is waived in year one

$2.90 per page - PDF human expert auditing & remediation**

❑ Option 2:

$3,900 (year one) - migration of current site content to new, ADA-compliant format

- Channing Park CDD owns 100% of the website content

$900 (annually) - to ensure continued accessibility and compliance as WCAG standards change

- includes 10 free hours of annual consulting (a $2,500 value)

- includes monthly tech audit reports for ongoing maintenance (a $499 value)

- annual fee is waived in year one

$2.90 per page - PDF human expert auditing & remediation

* the pricing above reflects a 20% discount that ADA Site Compliance is pleased to offer to all Egis clients ** PDF auditing & remediation is not included in either option

Contact Information

ADA Site Compliance, LLC

Jeremy Horelick, Vice President

(561) 258-9518 Direct

[email protected]

AdaSiteCompliance.com

“If you think compliance is

expensive, try non-compliance.”Fmr. Dep. U.S. Attorney General Paul McNulty

Statement of Work for Channing Park CDD May 10, 2019 1

Sta

tem

en

t o

f W

ork

ADA Site Compliance, LLC

Statement of Work (SOW) Agreement to Perform Consulting Services

Date Services Performed By: Services Performed For:

May 10, 2019 ADA Site Compliance, LLC

Channing Park CDD

This Statement of Work (SOW) is issued pursuant to the Master Services Agreement between Channing Park CDD

(“Client”) and ADA Site Compliance, LLC (“Contractor”), effective May 10, 2019 (the “Agreement”). This SOW is

subject to the terms and conditions contained in the agreement between the parties and is made a part thereof. Any

term not otherwise defined herein shall have the meaning specified in the agreement. In the event of any conflict or

inconsistency between the terms of this SOW and the terms of the agreement, the terms of the SOW shall govern

and prevail.

This SOW, effective as of May 10, 2019, is entered into by and between Contractor and Client for Client’s website

www.channingparkcdd.org and is subject to the terms and conditions specified below. The exhibit(s) to this SOW,

if any, shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this

SOW and the terms of the exhibit(s) hereto, the terms of the SOW shall prevail.

Period of Performance

The services shall begin on the date of the Agreement’s execution and shall continue through completion or

termination, subject to the termination provisions below.

Process & Engagement

ADA Site Compliance uses both technological (i.e. software-based) and human expert auditing to detect compliance

failures for websites, mobile applications, PDFs, and other digital assets. We evaluate their accessibility against

evolving web content accessibility guidelines (currently WCAG 2.1) and offer the solutions below. In both cases, we

will deliver you a website that has been audited and remediated for substantial compliance with current standards.

Option 1 – Our team of human expert auditors performs manual compliance testing of your existing website using


screen reader software and keyboard shortcuts. This testing method best simulates the actual conditions a user with

disabilities experiences when visiting your site and is therefore the most reliable gauge of its real-world accessibility.

Full human expert auditing for all WCAG criteria is the only auditing method known to make a website

accessible. Semi-manual or software-based approaches will not make your website compliant.

Our remediation team uses the resulting audit report to make all relevant fixes to your existing site via its source

code. We then re-submit the fixed pages for round two of human auditing and a corresponding second round of

corrections. This is to ensure all failures have been addressed and that no new ones were created in the process.

Throughout the process and afterward, you will receive monthly technological audit reports that identify all errors

that software can detect. As noted above, software-based reports alone cannot identify 100% of accessibility

failures; at best, they can uncover about one-third of them. As such, your technological reports are intended only as

a general diagnostic of your site’s ongoing compliance health – not as a measure of your site’s overall accessibility.

Option 2 – Our team will migrate your existing site to an accessible and compliant theme built and maintained by

ADASC. Channing Park CDD will own all site content, and Rizzetta & Company will continue to host and provide

backup for your site. Post-migration, our audit and design teams will continuously monitor your new website for its

substantial compliance with current standards. By building a new site on an accessible and compliant theme, we

avoid the significant preparation and testing costs associated with Option 1. This is reflected in the price difference

between the two options.

Scope of Work & Deliverables

Contractor shall provide the following services/deliverables for Client and its site, www.channingparkcdd.org:

Technological Auditing

• Customized software-based auditing of the entire web domain

• Detailed monthly audit reports (a $499 value) including the precise location in the code of each failure, a

description of the error, a picture for visual context, and a suggested remediation step

• Technological audit reports capture approximately one-third of known failures and are intended as a broad

diagnostic and accountability tool, not as a full compliance blueprint

Site Migration (Option 2 only)

• Contractor will migrate the content of Client’s existing website to one built on Contractor’s own themes

that are known to be accessible and compliant with WCAG 2.1 standards

• Content may include, but is not limited to, pictures, text, tables, video files, and forms

• Some existing functionality and content, including that provided by third-party vendors, may be impossible

to migrate “as is” from the existing site to the new one, in which case another solution may be required

• Review by Contractor’s technical team leaders of the migrated site for quality assurance

PDF Auditing & Remediation (if applicable)

• Contractor will manually audit, remediate, and deliver to Client fully accessible PDFs

• Remediation done in accordance with WCAG 2.1 criteria and PDF UA & Universal Design best practices


• All files validated using commonly used assistive technology software

• This service is not automatically included with either migration or auditing/remediation

• Per-page pricing is included in the Fee Schedule section of this SOW

Customized Accessibility Policy & Compliance Shield

• Indication of Client’s active engagement with recognized experts in the field of website accessibility and

compliance; the deliverable is uploaded to the footer of Client’s website and acts as a deterrent to

litigation from trolling plaintiffs and/or attorneys

• Statement of Client’s specific ongoing strides toward compliance with current WCAG standards – to be

posted on the website (links to ADA Compliance Shield)

• Alternate contact info for users to report inaccessible areas of Client’s website and to request assistance –

to be posted on the website (links to ADA Compliance Shield)

Technical Support

• Ten (10) FREE hours of technical support (a $2,500 value) to Client and/or its developers via email,

phone, video, and (where feasible) in-person contact

Fee Schedule

Option 1:

$5,900 (year one) – auditing and remediation of the current Channing Park CDD website

$1,500 (annually) – to provide continued accessibility and ongoing compliance support

$2.90 per page – PDF human expert auditing and remediation

Option 2:

$3,900 (year one) – license fee for a new website built on ADA-compliant themes

$900 (annually) – to provide continued accessibility and ongoing compliance support

$2.90 per page – PDF human expert auditing and remediation

The above pricing reflects a 20% discount based on Client’s contract with Egis Insurance and Risk Advisors. One-

half (50%) of the year-one fee for services is due at the time of the Agreement’s signing, with the balance due upon

Client’s acceptance of the final deliverables.

The annual fee, to be paid one (1) year after the execution date of this SOW, includes Client’s continued use of

Contractor’s Compliance Shield and Accessibility Policy; updates made to the Accessibility Policy to reflect

changing standards and laws; monthly technological auditing and reporting, and continued consulting.

Completion Criteria

Contactor will make all reasonable efforts to complete human expert auditing in an expeditious way. The process of

migrating, auditing, and remediating website-based content is time-intensive and typically takes between thirty (30)


and forty-five (45) days, per round, to complete. This excludes any time needed to remediate the identified failures

and to validate their corrections. The total completion time for multiple rounds of human expert auditing may be

three (3) to six (6) months in all. For sites of significant complexity, this term may be longer.

Contractor shall have fulfilled its obligations to Client when either of the following occurs:

• Contractor provides Client all deliverables above, and Client accepts these without unreasonable objections. If

Contractor receives no response within seven (7) business days of delivery, this shall be deemed acceptance.

• Contractor and/or Client may cancel services not yet provided within sixty (60) business days with advance

written notice to the other party.

Signatures

In witness whereof, the Parties have, by their duly authorized representatives, executed this SOW as of the date first

set forth above.

ADA SITE COMPLIANCE, LLC

By:

Name:

Title:

CHANNING PARK CDD

By:

Name:

Title:

MASTER SERVICES AGREEMENT ADA SITE COMPLIANCE, LLC

This Master Services Agreement (this "Agreement") is entered into as of __________, 20__ between __________________, a unit of local special purpose government, established and existing pursuant to Chapter 190, Florida Statutes, with a place of business and notice address at _______________________ ("Customer" or "District") and ADA Site Compliance, LLC, a Delaware limited liability company authorized to do business in Florida, with a place of business and notice address at 6400 Boynton Beach Boulevard, No. 742721, Boynton Beach, FL 33474 ("ADASC"), and shall become effective upon Customer and ADASC executing a Statement of Work, which shall be attached to this Agreement and incorporated herein by this reference. Customer and ADASC may also each be referred to herein individually as a "Party," and collectively as the "Parties."

In consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, wishing to be legally bound by this Agreement, agree as follows:

1. PRODUCTS AND SERVICES.

1.1. Statement(s) of Work. Pursuant to this Agreement, ADASC shall provide Customer with ADASC’s website and web application technological and/or human expert accessibility auditing and related Americans with Disabilities Act (“ADA”) website accessibility remediation services ("Remediation Services") and products and/or software (collectively, as applicable, the "Products") set forth in one or more statements of work to be mutually executed by the Parties that reference and are subject to the terms of this Agreement (each, a "SOW"). In return for such Remediation Services, Products, and Deliverables (hereinafter defined)(collectively, the “Services”), Customer shall pay ADASC the fees and expenses set forth in the applicable SOW/Proposal in accordance with the payment terms set forth herein.

1.2. Customer Requested Changes. At any time, Customer may request a change to the Services that have been described in a SOW (in each case, a "Change"). Upon receipt of a Change request from Customer, ADASC agrees to respond in writing within five (5) business days of its receipt thereof, advising Customer of any additional cost, scheduling, or other impacts on the Services arising from the requested Change. If the Parties agree to proceed with any requested Change, the terms associated with such Change must be incorporated into an amendment to the applicable SOW that is mutually executed by the Parties prior to ADASC’s implementation of the Change. If the Parties do not agree to proceed with any requested Change, the Parties shall continue to operate in accordance with the terms of the then-existing SOW.

1.3. Deliverables. Unless otherwise provided in a SOW, with respect to any compliance audit reports, data, software, tools, remediation services or other works of any kind designated to be made, conceived, or developed by ADASC

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in connection with a SOW (collectively, as applicable, the "Deliverables"), Customer shall have the right to review such Deliverables upon their completion by ADASC only to determine if they conform to the applicable written specifications stated in the SOW (collectively, the "Acceptance Criteria"). Customer will notify ADASC within seven (7) business days of delivery of the Deliverables if, in Customer’s good faith determination, the Deliverables have not met the Acceptance Criteria, and that therefore acceptance has not occurred. In the event acceptance of any Deliverables does not occur, ADASC will, at its cost, make any necessary changes to the Deliverable within a commercially reasonable time frame so that they conform to the Acceptance Criteria, and resubmit the Deliverables to Customer. If Customer does not, however, notify ADASC within seven (7) business days of the delivery of any Deliverables that such Deliverables have not met the Acceptance Criteria, the Deliverable shall be deemed to conform to the specifications in the applicable SOW, and to have been accepted by Customer, subject to the representations, terms and warranties provided herein. However, any oversight by the Customer of ADASC’s Services is not intended to mean that the Customer shall underwrite, guarantee, or ensure that the Services are properly done by ADASC. It is ADASC’s responsibility to perform the Services in accordance with the terms of this Agreement, including all representations, terms, and warranties provided herein. Acceptance does not waive any rights the Customer has against ADASC for failure to perform the terms of this Agreement or any applicable SOW.

2. INVOICES AND PAYMENTS.

2.1. Invoices. ADASC shall maintain records conforming to its usual accounting practices, which are in keeping with generally acceptable accounting practices. Further, ADASC agrees to render monthly invoices to the Customer in writing, which shall be delivered or mailed to the Customer by the fifth (5th) day of the next succeeding month. Each monthly invoice shall contain, at a minimum, the Customer’s name, ADASC's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each sufficient for the Customer to approve each cost, the time frame within which the Services were provided, and the address or bank information to which payment is to be remitted. Consistent with Florida’s Prompt Payment Act, Section 218.70 et al. of the Florida Statutes, these monthly invoices are due and payable within forty-five (45) days of receipt by the Customer.

2.2. Disputed Amounts. Customer may only withhold payment of amounts that it in good faith disputes to be due or owing ("Disputed Amounts"). In such case, Customer shall nonetheless pay any undisputed amounts and provide to ADASC a sufficiently detailed written explanation of the basis for its withholding of the Disputed Amounts no later than ten (10) days after their due date. Any controversy relating to amounts owed by Customer hereunder shall be considered a "Dispute" (defined below) and subject to the resolution

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procedures provided in this Agreement. If it is determined that any Disputed Amounts are in fact owed to ADASC, Customer shall pay to ACS such Disputed Amounts within five (5) days of such resolution. To the extent the provisions of this paragraph conflict with the Florida’s Prompt Payment Act or the District’s adopted dispute resolution procedures pursuant thereto, the Prompt Payment Act and such adopted procedures shall control.

3. TERM AND TERMINATION.

3.1. Term. This Agreement shall become effective when Customer and ADASC first execute a SOW and shall remain in effect until terminated as provided herein ("Term").

3.2. Termination by either Party for Cause. This Agreement and/or any individual SOW may be terminated by either Party (i) in the event the other Party fails to cure or take reasonable steps to cure a breach of any material term of this Agreement or any applicable SOW within ten (10) business days of receipt of written notice describing such breach; (ii) immediately upon the giving of written notice by such Party in the event the other Party is adjudged insolvent or bankrupt, or upon the institution of any proceeding against the other Party seeking relief, reorganization or arrangement under any laws relating to insolvency, or upon the appointment of a receiver, liquidator or trustee of any of the other Party's property or assets, or upon liquidation, dissolution or winding up of the other Party's business.

3.3 Termination Without Cause. Either Party may terminate without cause upon sixty (60) days’ prior written notice to the other Party. However, upon any termination of this Agreement, ADASC shall be entitled to payment for all Services rendered up until the effective termination of this Agreement, subject to any amounts being under Dispute, which shall be addressed in accordance with Section 8.3 of this Agreement.

3.4 Transition Services. ADASC shall work with the Customer to ensure a seamless and smooth transition in the event of termination, with or without cause, to the Customer’s contracted entity (“Contracted Entity”) assisting with the transition of the Services after termination (“Transition Services”); provided however, that ADASC shall only be required to provide such Transition Services for a reasonable amount of time, not to exceed one (1) month after the effective date of the termination. Upon Customer’s request, ADASC shall include as part of its Transition Services: (i) consultations with the Contracted Entity, provided that ADASC shall be entitled to payment for such consultations in an amount not to exceed $225 for 3 hours of work; or (ii) migration of the entirety of Customer’s website and associated applications by ADASC to Customer’s new ADA template of choice, provided ADASC shall be entitled to payment for such migration services in an amount not to exceed $750 for 10 hours of work, which amount shall also include consultation with

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Customer’s Contracted Entity such that the migration of Customer’s website is seamless and uninterrupted. If any other Transition Services are provided, ADASC shall be reimbursed for such services at a price mutually agreed to by the Parties. The Transition Services

shall include all commercial reasonable steps required to transfer or otherwise allow the District to continue to use the Single Use License as provided in Section 6 herein.

4. REPRESENTATIONS, WARRANTIES & COVENANTS

4.1. General. The essence of this Agreement is the following: ADASC represents, warrants, and covenants that (a) the Services shall be performed and/or provided by qualified personnel in a professional and workmanlike manner in accordance with website accessibility compliance industry standards, including but not limited to the ADA and WCAG 2.0 A and AA guidelines, as may be amended, updated or changed from time to time; and (b) the Services provided by ADASC shall not infringe, misappropriate, or otherwise violate the intellectual property rights of any third party. Each Party also represents and warrants that it has the full right and authority to enter into this Agreement and perform its obligations hereunder.

4.2. Disclaimer of All Other Warranties. CUSTOMER ACKNOWLEDGES THAT ASSESSING ACCESSIBILITY AND REMEDIATION IS HIGHLY COMPLEX, SUBJECTIVE AND CHANGEABLE, AND AS SUCH, ACHIEVING ABSOLUTE OR TOTAL COMPLIANCE IS DIFFICULT WITHOUT CLEAR REGULATORY GUIDANCE. THEREFORE, ADASC STRONGLY RECOMMENDS THAT CUSTOMER REGULARLY ENGAGE IN HUMAN EXPERT AUDITING AND TECHNOLOGICAL AUDITING OF ITS WEBSITE(S), APPLICATION(S) AND SERVER(S) IN ORDER TO ASSURE THE HIGHEST POSSIBLE LEVEL OF ACCESSIBILITY, COMPLIANCE AND USABILITY; NEVERTHELESS CUSTOMER ACKNOWLEDGES THAT EVEN WITH THE RECOMMENDED UTILIZATION OF BOTH TECHNOLOGICAL AUDITING SERVICES AND ROUTINE HUMAN AUDITS , ABSOLUTE OR TOTAL COMPLIANCE REMAINS DIFFICULT WITHOUT CLEAR REGULATORY GUIDANCE.

4.3. Customer’s Covenant of Compliance with Laws. Except for the ADA and those laws related to accessibility as well as requirements of Chapter 189, which may be amended from time to time, and those requirements of this Agreement, Customer is responsible for complying with applicable laws pertaining to Customer’s website, web applications and business, including, without limitation, tax laws, laws governing electronic commerce, and US Export laws.

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5. CONFIDENTIALITY.

5.1 Confidentiality. Customer and ADASC each agrees to hold Confidential Information in confidence and not to disclose it to any third party without the prior written consent of the other party. Customer and ADASC agree to use the Confidential Information only for purpose of performing under this Agreement. Further, the receiving party shall use the same degree of care it uses with respect to its own Confidential Information to prevent the unauthorized disclosure to a third party of any Confidential Information of the disclosing party, but in no event less than reasonable care. As used in this Agreement, "Confidential Information" shall mean non-public, proprietary ADASC Material identified by ADASC to Customer as non-public and confidential, and which is considered non-public and confidential under Chapter 119, Florida Statutes, and other Florida law, and which is disclosed by ADASC or on its behalf whether before, on or after the date hereof, directly or indirectly, in writing, orally, by visual inspection or otherwise, to Customer or any of its employees or agents. The ADASC Theme (as defined herein) is deemed Confidential Information. Customer Confidential Information shall mean any material made confidential pursuant to Chapter 119, Florida Statutes. The obligations to protect Confidential Information under this section shall not apply to information which: (a) is or becomes publicly known through no act or failure to act on the part of the receiving party; (b) was rightfully in the receiving party's possession prior to disclosure by the disclosing party; (c) became rightfully known to the receiving party, without confidentiality restrictions, from a source other than the disclosing party; (d) is approved by the disclosing party for disclosure; (e) is or was developed independently by the receiving party without use of the Confidential Information and without violation of any confidentiality restriction; (f) is required to be disclosed by law; or (g) is work product paid for by the Customer pursuant to this Agreement and not deemed ADASC Material hereunder.

6. INTELLECTUAL PROPERTY.

6.1. ADASC Materials. Except as provided herein, as between the Parties, ADASC shall retain all right, title, and interest in and to (i) all patents, trademarks, service marks, copyrights, trade secrets, know-hows, and other intellectual property or proprietary rights (collectively, "IP") of ADASC used in or otherwise associated with the Services provided to Customer hereunder, and (ii) all trade secrets, technical specifications and data to the extent they are IP and inventions which are authored, conceived, devised, developed, reduced to practice or otherwise performed by ADASC, none of which shall be deemed a "work made for hire" under the Copyright Act of 1976 (collectively "ADASC Materials"), and nothing contained herein shall be construed to restrict, impair, transfer, license, convey, or otherwise alter or deprive ADASC of any of its intellectual property or other proprietary interests associated therewith. The ADASC Materials shall include (i) any website theme and specialized

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coding for such theme authored, conceived, devised, developed, modified, and/or reduced to practice by ADASC outside of ADASC’s performance under this Agreement (the “ADASC Theme”) and (ii) any specialized coding for the ADASC Theme authored, conceived, devised, developed, modified, and/or reduced to practice by ADASC under this Agreement, but shall not include any other website theme and the coding of such theme authored, conceived, devised, developed, modified, and/or reduced to practice by ADASC pursuant to an SOW or Customer as a derivative work. Subject to the foregoing, ADASC grants Customer a non-exclusive, non-transferable worldwide perpetual limited right and license to access and use the Deliverables and the ADASC Materials in connection with the ordinary and intended use by Customer thereof as provided hereunder and in the applicable SOW (“Single Use License”). The Single Use License set forth in the immediately preceding sentence (x) includes Customer’s right to view, download and print the Deliverables for Customer’s use, and without in any case removing ADASC’s copyright, trademark or other intellectual property ownership notices (y) is limited to only one Customer website and (z) includes Customer’s right to use the ADASC Theme, in whole or in part, to develop derivative works on Customer’s one website. Notwithstanding the Single Use License granted to Customer under this Section, under no circumstances may the Products, Deliverables or ADASC Materials, or any portion thereof or any derivative work, be used as the basis for creating a product that is intended for sale, license or distribution to others (regardless of whether such distribution is for profit or free) in a manner that would compete, directly or indirectly, with ADASC in offering the Products, Deliverables or ADASC Materials for sale, license or distribution. Customer has no right to distribute the ADASC Theme, whether modified or unmodified, to any third party. The use of the Products, Deliverables and/or ADASC Materials in contravention of the Single Use License granted under this Section is strictly prohibited and will be deemed a material breach of this Agreement.

6.2. Customer Materials; Publicity and Trademarks. (A) Notwithstanding anything else provided in this Agreement, Customer shall own the website, the website’s domain name and all related uniform resource locators, and all website and application content, including without limit all documents, content, pictures, video, audio, and text on the website, authored, conceived, devised, developed, modified, and/or reduced to practice by ADASC pursuant to this Agreement, and all metadata associated therewith, created or modified by ADASC pursuant to this Agreement and/or provided or made available by Customer to ADASC, under all circumstances(“Customer Materials”). In the event of a termination of this Agreement for any reason, ADASC shall take all necessary steps to transfer, or otherwise allow the District to retain such Customer Materials as further provided in Section 3.

(B) Notwithstanding anything provided in Section 6.2(A), the ADASC Theme and any specialized coding for the ADASC Theme authored, conceived, devised, developed, modified, and/or reduced to practice by ADASC under this

7

Agreement is ADASC Material. In the event of termination of this Agreement for any reason, ADASC shall take all commercially reasonable steps to transfer, or otherwise allow the District to continue to use the Single Use License granted under Section 6.1; provided, ADASC will not continue to provide support for the ADASC Theme as more particularly set forth in the SOW.

(C) Additionally, to the extent applicable, ADASC 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. ADASC shall immediately notify the Customer of any breach or loss of data, and take such steps as are reasonably necessary to address any such issue. Except as provided herein, as between the Parties, Customer shall retain all right, title, and interest in and to all IP of Customer provided or made available to ADASC in connection with ADASC’s Services (collectively in this paragraph, "Customer IP") and nothing contained herein shall be construed to restrict, impair, transfer, license, convey, or otherwise alter or deprive Customer of any of its IP or other proprietary interests associated therewith, if any. Subject to the foregoing, Customer grants ADASC a non-exclusive, non-transferable worldwide limited right and license to access and use such Customer IP in connection with the provision of the Services to Customer hereunder. Further, Customer permits ADASC to identify Customer as a customer of ADASC in ADASC's marketing materials (including using Customer’s name and logo for such limited purposes).

(D) Customer further acknowledges and agrees that for ADASC to perform the Services, it must, in some cases, give ADASC remote access to areas behind logins that are to be audited hereunder, including, without limitation to content management systems and/or servers (collectively, the “System”), and agrees that it will furnish to ADASC all necessary information and/or user names and passwords required to do so. ADASC agrees to follow commercially reasonable security policies for accessing Customer’s System including any specific security procedures as may be communicated to ADASC by Customer in writing prior to ADASC accessing the System. ADASC shall on its own or through coordination with Customer’s website provider create a backup copy of all data that may be affected by ADASC’s access to the system. ADASC hereby recognizes that all data may be a public record and therefore is required to be retained unless otherwise directed in writing by the Customer.

6.3 Right to Display ADASC Compliance Shield / Accessibility Policy. Customer may display an ADASC-provided compliance shield and customized accessibility policy on its websites or web applications. The provided ADASC compliance shield and customized accessibility policy shall remain under the full ownership and control of ADASC. ADASC shall retain the right at any time and in its sole discretion to withdraw its authorization to display such compliance shield and customized accessibility policy. Customer is expressly prohibited from using an ADASC compliance shield and customized

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accessibility policy for any purpose not specifically authorized by this Agreement or by an applicable SOW, and in no event may use such shield for or on behalf of any 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.

6.4 Derivative Works. All rights, title, copyright, and interest in all derivative works and improvements created by, or on behalf of, Customer will be the property of Customer. Customer shall be entitled to protect intellectual property in all such derivative works and improvements as it may see fit, including by seeking copyright or patent protection. Notwithstanding the immediately preceding sentence, Customer may mark with its own copyright notice and register copyrights in derivative works as works that constitute original works of authorship, so long as such derivative works are identified in such registration as based upon pre-existing works of ADASC.

7. INDEMNITY.

7.1 ADASC agrees to indemnify and hold harmless the Customer 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, or judgments against the Customer, 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, ADASC’s willfully reckless or willfully negligent act or omission.

7.2 Neither Party shall be liable to the other Party for consequential damages or lost profits pursuant to this Agreement.

7.3 Notwithstanding any provision to the contrary within this Agreement, Customer does not waive any Sovereign Immunity or the limitations contained in section 768.28, Florida Statutes, or any successor statute or statutes thereto, or other provisions of law.

8. GENERAL PROVISIONS.

8.1. Order of Precedence. The terms of this Agreement and any SOW are intended to complement each other, and to the extent they conflict, the terms of any SOW shall supersede conflicting terms and conditions in this Agreement, but solely with respect to Services provided pursuant to such SOW.

8.2. Subcontractors. Unless otherwise provided in a SOW, ADASC may provide Services hereunder through subcontractors and/or affiliates and such subcontractors and/or affiliates shall be bound by the terms of this Agreement.

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8.3. 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 (collectively, a "Dispute") through discussions which shall be initiated upon written notice of a Dispute by either Party to the other Party. If the Parties cannot resolve the Dispute within fifteen (15) 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. The Parties hereby consent to the exclusive jurisdiction of the federal and state courts in [______________] County, Florida for purposes of any claims for equitable relief or claim in anyway related to this Agreement and waive any defense of inconvenient forum or venue. The prevailing party in any such dispute shall be entitled to claim its costs and fees incurred in litigating any such dispute, including reasonable attorney’s fees, court and experts’ costs through all appeals.

8.4. Status. ADASC is an independent contractor and not an employee, agent or representative of Customer. Nothing in this Agreement shall be construed as creating an employer-employee, partnership, joint venture or agency relationship.

8.5. Notices. Any notice required or permitted hereunder shall be in writing and shall be deemed duly given if delivered to a Party at its address set forth in the signature block of the latest SOW (or the most recent address provided by such Party for notice purposes) by (i) hand delivery, (ii) certified mail, postage prepaid, return receipt requested, or (iii) recognized overnight delivery service. A notice shall be deemed received on date of delivery, if hand delivered or delivered by overnight delivery service (as reflected in the carrier’s records), or five (5) days from date of mailing, if mailed by certified mail.

8.6. Entire Agreement; Severability. This Agreement, together with any SOWs, sets forth the entire agreement of the Parties, and supersedes any prior agreements or statements with respect to the subject matter hereof. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions of this Agreement will remain in full force and effect and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

8.7. Assignment. This Agreement may not be assigned by Customer except with the prior written consent of ADASC. ADASC may assign this Agreement without Customer’s consent to the purchaser in connection with a sale of ADASC's business, provided the purchaser agrees to assume all obligations of ADASC hereunder. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and lawful permitted assigns.

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8.8. Amendments and Waivers. This Agreement may be amended or modified only by a written instrument duly executed by each Party. 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 the Agreement shall not be deemed a waiver of any such right, power, or privilege under the Agreement on that or any subsequent occasion.

8.9. Governing Law. This Agreement shall be governed by the laws of the State of Florida, without reference to conflicts of law principles that would cause the application of the law of any other jurisdiction.

8.10. 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 performance will be extended for the period of the delay or inability to perform due to such occurrence.

8.11. Survival. In addition to such other provisions hereof which, by their terms, survive any termination or expiration of this Agreement, Section 4 (Representations, Warranties & Covenants), Section 5 (Confidentiality) as it relates to only to the ADASC Theme, Section 6 (Intellectual Property), including specifically the Single-Use License granted therein, and Section 7 (Indemnity) shall survive any termination or expiration of this Agreement.

8.12 Waiver Any waiver by either Party, whether express or implied, of any provision of this Agreement, any waiver of default, or any course of dealing 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 default or breach, whether or not similar.

8.13 Counterparts. By using ADASC’s Services, Customer consents to have this Agreement provided in electronic/digital form. Please print a copy of this document for your records. This Agreement and any modification may be executed and delivered (including by facsimile, portable document format (.pdf) transmission, or via any online e-signature platform) in one or more counterparts, and by each Party in separate counterparts, each of which when executed will be deemed to be an original, and all of which taken together will constitute one and the same Agreement.

8.14 No Construction Against the Drafter. In the interpretation of this Agreement, the ‘contra proferentem’ rule of contract construction shall not apply, this Agreement being the product of negotiations between commercially sophisticated Parties, and therefore shall not be interpreted in favor of or against any Party by the sole reason of the extent to which such Party or its

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professional advisors participated or did not participate in the drafting of this Agreement.

8.15 Headings. Headings included herein are for convenience only, and shall not be used to construe or interpret this Agreement.

8.16 Public Records. ADASC understands and agrees that all documents of any kind provided to the Customer in connection with this Agreement may be public records, and accordingly, ADASC agrees to comply with all applicable provisions of Florida law in handling such records, including, but not limited to, Section 119.0701, Florida Statutes. ADASC acknowledges that the designated public records custodian for the Customer is ____________________ (“Public Records Custodian”). Among other requirements and to the extent applicable by law, ADASC shall: 1) keep and maintain public records required by the Customer to perform the service; 2) upon request by the Public Records Custodian, provide the Customer with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the Customer, at no cost, all public records in ADASC’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 ADASC, ADASC 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 ADASC HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ADASC’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE PUBLIC RECORDS CUSTODIAN AT 1___________________, _____________.COM, OR ___________________________________________.

In witness whereof, the Parties have, by their duly authorized representatives, executed

this Master Services Agreement as of the date first set forth above.

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ADA SITE COMPLIANCE, LLC

By:

Name:

Title:

_______________________________

By:

Name:

Title: