BOGGY CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS	Roll Call to Confirm Quorum

The Board of Supervisors' Meeting for the Boggy Creek Improvement District was called to order on Tuesday, October 17, 2023, at 3:00 p.m. at 6900 Tavistock Lakes Blvd. Ste 200, Orlando, FL 32827.

Present:

Richard Levey Damon Ventura Thad Czapka Julie Salvo Chad Tinetti

Also attending:

Chairperson
Vice Chairperson Assistant Secretary Assistant Secretary Assistant Secretary

Jennifer Walden Lynne Mullins Jorge Jimenez Amanda Lane Tucker Mackie Ryan Dugan Jeffrey Newton
Samantha Sharenow Katie Harmer
Dan Young DJ Batten

PFM PFM PFM PFM
Kutak Rock Kutak Rock
Donald W. McIntosh Associates, Inc. Berman
Berman Tavistock Berman

(via phone) (via phone) (via phone)

(via phone)

SECOND ORDER OF BUSINESS	Public Comment Period

Dr. Levey called for public comments. He noted there were no public comments.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the August 15, 2023, Board of Supervisors' Meeting

The Board reviewed the minutes of the August 15, 2023, Board of Supervisors' Meeting.

On motion by Ms. Salvo, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Minutes of the August 15, 2023, Board of Supervisors' Meeting.

FOURTH ORDER OF BUSINESS	Review and Acceptance of Arbitrage Rebate Reports for the Series 2018 BAN

1 I Page

Ms. Walden stated there are two reports. The first report is for the first five-year period ending April 20, 2023, and this report indicates that there is no cumulative rebate amount liability. The second report is for the final report ending July 20, 2023, and it indicates the same thing. As the note was fully redeemed on July 20, 2023, no further arbitrage calculations will be necessary.

On motion by Mr. Ventura, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District accepted the Arbitrage Rebate Reports for the Series 2018 BAN.

FIFTH ORDER OF BUSINESS	Ratification of Fiscal Year 2023 Audit Engagement Letter with Berger, Toombs, Elam, Gaines & Frank

Ms. Walden stated per the audit engagement letter the cost for the Fiscal Year 2023 Audit is $4,000.00, which is covered in the budget. She noted that the Chair did execute this outside of the meeting so the District could keep the process moving.

On motion by Mr. Ventura, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Fiscal Year 2023 Audit Engagement Letter with Berger, Toombs, Elam, Gaines & Frank in the amount of $4,000.00.

SIXTH ORDER OF BUSINESS	Ratification of Egis Insurance Package for FY 2024

Ms. Walden noted this item was executed by the Chair outside of the meeting so the District could maintain its coverage, which started October 1, 2023. The overall budget for insurance was $15,700.00. However, for 2024 coverage, general liability, public official liability, and property came in under budget at
$14,771.00.

On motion by Mr. Ventura, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Egis Insurance Package for FY 2024 in the amount of
$14,771.00.

SEVENTH ORDER OF BUSINESS	Ratification of Agreement for Geotechnical Engineering Services with PSI for Lift Station 9 Force Main

Mr. Newton stated this is for some additional geotechnical borings along the force main alignment. After first round of Geotech was done, the force main alignment shifted along the Greeneway as part of a negotiation with CFX, so some additional borings along the revised force main alignment are needed.

On motion by Mr. Ventura, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Agreement for Geotechnical Engineering Services with PSI for Lift Station 9 Force Main.

EIGHTH ORDER OF BUSINESS		Ratification of Corrective Special Warranty Deed (Lake Nona Boulevard Interchange Ponds A and B)

Mr. Dugan stated at the previous meeting the District acquired stormwater ponds from Lake Nona Land Company and it was discovered there was a minor error in the legal description of one of the ponds. He noted this would be the corrective deed to fix the error.

On motion by Ms. Salvo, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Corrective Special Warranty Deed (Lake Nona Boulevard Interchange Ponds A and 8).

NINTH ORDER OF BUSINESS		Ratification of Operation and Maintenance Expenditures Paid in August 2023 in an amount totaling
$174,999.37

Ms. Walden noted that these expenditures have been approved and need to be ratified by the Board.

On motion by Mr. Ventura, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Operation and Maintenance Expenditures Paid in August 2023 in an amount totaling $174,999.37.

TENTH ORDER OF BUSINESS		Ratification of Operation and Maintenance Expenditures Paid in September 2023 in an amount totaling $119,647.35

Ms. Walden noted that these expenditures have been approved and need to be ratified by the Board.

On motion by Mr. Ventura, seconded by Mr. Tinetti, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Operation and Maintenance Expenditures Paid in September 2023 in an amount totaling $119,647.35.

ELEVENTH ORDER OF BUSINESS	Ratification of Requisition No. 417 - 423 Paid in August 2023 in an amount totaling $83,064.00

The Board reviewed Requisition No. 417 - 423. Ms. Walden noted these have been approved and need to be ratified.

On motion by Mr. Ventura, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Operation and Maintenance Expenditures Paid in August 2023 in an amount totaling $83,064.00.

TWELFTH ORDER OF BUSINESS	Ratification of Requisition No. 424 -
425 Paid in September 2023 in an amount totaling $16,010.74

The Board reviewed Requisition No. 424-425. Ms. Walden noted these have been approved and need to be ratified.

On motion by Mr. Ventura, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified Requisition No. 424 - 425 paid in September 2023 in an amount totaling $16,010.74.

THIRTEENTH ORDER OF BUSINESS	Recommendation of Work Authorizations/Proposed Services

Ms. Walden stated the first Work Authorization is from Berman for pressure washing the ribbon walls and monument signs at a cost of $4,200.00. The second Work Authorization is from Berman for holiday decor; this includes installation, removal, and storage at a cost of $5,000.00.

On motion by Ms. Salvo, seconded by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the two Work Authorizations from Berman for pressure washing the ribbon walls and monument signs at a cost of $4,200.00 and holiday decor at a cost of
$5,000.00.

FOURTEENTH ORDER OF BUSINESS	Review of District's Financial Position and Budget to Actual YTD

Ms. Walden stated through September the District has expenses of just over $1,248,000.00 versus an overall budget of $1,760,000.00 which equates to spending approximately 71% of the budget.

She noted while this is showing expenses through September, the District has up to 60 days to still incur those expenses for FY2023. District staff is monitoring the budget and will bring a revised budget to the next Board Meeting if needed.

FIFTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel -

District Manager -

District Engineer - Landscape Supervisor -

Mr. Dugan stated the District adopted a Prompt Payment Policy in 2016 and it is set up where if there's any legislative changes that would impact the policy it can be automatically updated by District staff. There were some changes in the most recent legislative session. Those included changes in the time frames and the procedures for how the District deals with vendors, construction contracts, and the closeout process. District Counsel is working with the District Manager to revise the policy to bring it up to date with current law.

Ms. Walden noted the next Board meeting is Tuesday, November 14, 2023, which is the second Tuesday of the month.

No report.

Ms. Sharenow provided two proposals from Cepra (Minutes Exhibit A). She stated there was an enhancement project that was previously discussed and now there is a scope change. She noted it's going to be a little cheaper than originally planned at roughly $57,000.00.

Discussion ensued regarding the details of the scope change.

On motion by Mr. Tinetti, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Cepra proposal with the scope change.

Irrigation Supervisor - Construction Supervisor -

No report. No report.

SIXTEENTH ORDER OF BUSINESS

There were no Supervisor requests.

SEVENTEENTH ORDER OF BUSINESS

Supervisor Requests

Adjournment

Dr. Levey requested a motion to adjourn.

On motion by Mr. Czapka, seconded by Mr. Ventura, with all in favor, the October 17, 2023, Meeting of the Board of Supervisors for the Boggy Creek Improvement District was adjourned.

Secretary/ Assistant Secretary

SjPage

CEPRR
L A N D S C A P E

Minutes Exhibit A
Proposal

PO Box 865
Oakland, FL 34760
407-287-5622
Cepralandscape.com

Boggy Creek - Interchange Interchange - 417 & Lake Nona Orlando, FL 32817

PROPERTY

PROPOSAL#	DATE		
35296	10/16/2023		

DESCRIPTION		

$49,006.00	
North Median Enhancement 417 Interchange North Median

Proposal is to complete the demo, that was started, by removing				ing turf, but leaving the remaining shrubs, trees, and ornamental grasses.	e would ge				nd graded and install Comand Soil with a design concept that includ		ial Pea			 nshine Mimosa, Fire Fly Firebush, Emerald Goddess Liriope, Florid			rf	1 Coffee, Ragina
Iris, Frog Fruit, and Blue Stem Palmetto. After install	Id get pine fines and plant material mulched.

4" Perennial Peanut 4780@ $2.50 = $11._..,..." .,--.,- -... 7g Blue Stem Palmetto 32@ $79 = $2
3g Firefly Firebush 45@ $17 = $765
1g Emerald Goddess 1050 @ $7 = 1g Sunshine Mimosa 1710@ $7 = $1
1g Apostle Iris (ragina iris) 45@ $9 = $4 1g Frog Fruit 300@ $7 =$21
3g Little Psycho Wild Coff 1g Florida Porterweed 2 Labor 80@ $55 = $4 Loader with Bucket 1 @ Sod Cutter 1 @ $279 = $2
Pine Fines 30yds@ $55 = $1 Natural Mulch 18 yds @ $48 = $ Comand Soil 30yds@ $73 = $2190

Total= $47,506.00		

INCLUDED SERVICES	OCCURS	COST EACH	EXT COST	TOTAL COST	
ENHANCEMENT		$47,506.00	$47,506.00	$47,506.00	
ENHANCEMENT		$1,500.00	$1,500.00	$1,500.00	
TOTAL:			$49,006.00	$49,006.00	

Terms and Conditions

Scope of Work. The scope of work to be performed by Contractor is set forth on attached Proposal. If work activity is not set forth in the Proposal, it is not included in the basic scope of work All material shall conform to bid specifications unless expressly noted otherwise.

	Insurance, Licenses and Pennits. Contractor agrees to maintain General Liability insurance coverage, Workers Compensation insurance coverage, and Commercial Automobile insurance coverage as required by law. Contractor also shall comply with all licensing and permit requirements established by any State, County or municipal agency relating to the scope of work.

Subcontractors. Contractor reserves the right to hire qualified subcontractors to perform work under this Agreement.

Access to Jobsite. Owner shall ensure Contractor has access to all parts of the jobsite where the Contractor is to perform work as required by this Agreement during normal business hours and other reasonable periods of time. Owner will be responsible to furnish all utilities necessary to perform the work.

Utilities. Contractor will call Sunshine State One Call of Florida to locate utilities location of private utilities and contractor cannot be held liable for damage to

pplicable. Owner is responsible for

Compensation. In exchange for Contractor performing the scope of wor	Owner shall pay Contractor in accordance with the pricing terms set forth. Contractor shall issue inv		e work for amounLc:; due in
accordance with the pricing terms set forth. Amounts invoiced are d								·onsidered past due after 15 days from the date of invoice. Past due amounts shall accrue inte						 I rate of 12	If Owner disputes or questions any invoice or portion of any invoice, Owner shall pr					'th written notification of the basis of the dispute or question within fourteen (14) days ofreceipt of the 1			voice shall be deemed undisputed and fully payable by Owner. Work performed outside the scope of work des				ched Proposal shall be deemed extra work and shall be invoiced and paid in addition to the base compensation due ut					reement. Owner agrees that if Owner fails to make payment for more than 60 days after the date of	ork provide						actor arising out of or relating to this Agreement, then Contractor shall have the right tor		• ien aga1				 wner's property to secure payment for labor, materials, equipment and supervision supplied by			" of Owner's property.

Termination. This Agreement may b	• Owner shall be required to pay for al

cause by the Owner upon seven (7) days written notice. ed to the date of termination

	Liability. Contractor and Owner of any kind. Contractor shall not extent caused by the negligence of

	Disputes. In the event party shall be entitle appellate court lev decide any dispu
out of or relating to defenses otherwise tria

st each other for consequential damages or indirect damages aim for property damage or bodily injury unless and to the
ees or subcontractors.

or relating to this Agreement or any related extra work, the prevailing ey's fe sand costs from the non-prevailing party at both the trial court and
uit courts in Marion County, Florida shall have sole and exclusive jurisdiction to
ether sounding in contract or tort and whether legal or equitable in nature, arising arties hereby waive the right to trial by jury on all claims, counterclaims and

Warranty. All work performed	I be guaranteed for one (1) year after completion. In order for warranty to remain in effect, proper maintenance must be performed for the entire length of the warranty period.

Complete Agreement. This Agreement and attached Proposal represents the complete and integrated agreement of the parties with respect to the subject matter hereof. All prior verbal or written agreements, promises or representations relating to this Agreement and exhibits hereto are hereby merged into this Agreement and do not survive execution of this Agreement.

Customer Printed Name	Customer Signature	Date

WORK ORDER #35296

CEPRR
L A N D S C A P E

Proposal

PO Box 865
Oakland, FL 34760
407-287-5622
CepraLandscape.com

Boggy Creek - Interchange Interchange - 417 & Lake Nona Orlando, FL 32817

PROPERTY

PROPOSAL#	DATE		
33671	08/30/2023		

DESCRIPTION		
Demo: North side 417 median Boggy Creek Interchange

This proposal is for the demo, for part of the median, on the north side of the 417.	
$7,364.00	

INCLUDED SERVICES	OCCURS	COST EACH	EXT COST	TOTAL COST	
ENHANCEMENT		$7,364.00	$7,364.00	$7,364.00	
TOTAL:			$7,364.00	$7,364.00	

Terms and Conditions

Scope of Work. The scope of work to be performed by Contractor is set forth on attached Proposal. If work activity is not set forth in the Proposal, it is not included in the basic scope of work. All material shall conform to bid specifications unless expressly noted otherwise.

Insurance, Licenses and Permits. Contractor agrees to maintain General Liability insurance coverage, Workers Compensation insurance coverage, and Commercial Automobile insurance coverage as required by law. Contractor also shall comply with all licensing and permit requirements established by any State, County or municipal agency relating to the scope of work.

Subcontractors. Contractor reserves the right to hire qualified subcontractors to perform work under this Agreement

Access to Jobsite. Owner shall ensure Contractor has access to all parts of the jobsite where the Contractor is to perform work as required by this Agreement during normal business hours and other reasonable periods of time. Owner will be responsible to furnish all utilities necessary to perform the work.

Utilities. Contractor will call Sunshine State One Call of Florida to locate utilities when applicable. Owner is responsible for location of private utilities and contractor cannot be held liable for damage to unmarked utilities.

	Compensation. In exchange for Contractor performing the scope of work described in above, Owner shall pay Contractor in accordance with the pricing terms set forth. Contractor shall issue invoices upon completion of the work for amounts due in accordance with the pricing terms set forth. Amounts invoiced are due upon receipt and shall be considered past due after 15 days from the date of invoice. Past due amounts shall accrue interest at the annual rate of 12%. If Owner disputes or questions any invoice or portion of any invoice, Owner shall provide Contractor with written notification of the basis of the dispute or question within fourteen (14) days ofreceipt of the invoice or the invoice shall be deemed undisputed and fully payable by Owner. Work performed outside the scope of work described in attached Proposal shall be deemed extra work and shall be invoiced and paid in addition to the base compensation due under this Agreement. Owner agrees that if Owner fails to make payment for more than 60 days after the date of any work provided by Contractor arising out of or relating to this Agreement, then Contractor shall have the right to record a claim of lien against Owner's property to secure payment for labor, materials, equipment and supervision supplied by Contractor for the benefit of Owner's property.

Termination. This Agreement may be terminated with or without cause by the Owner upon seven (7) days written notice. Owner shall be required to pay for all materials and work completed to the date of termination

	Liability. Contractor and Owner hereby waive any claims against each other for consequential damages or indirect damages of any kind. Contractor shall not be liable to Owner for any claim for property damage or bodily injury unless and to the extent caused by the negligence of Contractor or its employees or subcontractors.

	Disputes. In the event of any litigation arising out of or relating to this Agreement or any related extra work, the prevailing party shall be entitled to recover its attorney's fees and costs from the non-prevailing party at both the trial court and appellate court levels. The county and circuit courts in Marion County, Florida shall have sole and exclusive jurisdiction to decide any dispute between the parties, whether sounding in contract or tort and whether legal or equitable in nature, arising out of or relating to this Agreement The parties hereby waive the right to trial by jury on all claims, counterclaims and defenses otherwise triable to a jury.

Warranty. All work performed will be guaranteed for one (1) year after completion. In order for warranty to remain in effect, proper maintenance must be performed for the entire length of the warranty period.

Complete Agreement. This Agreement and attached Proposal represents the complete and integrated agreement of the parties with respect to the subject matter hereof. All prior verbal or written agreements, promises or representations relating to this Agreement and exhibits hereto are hereby merged into this Agreement and do not survive execution of this Agreement.

Customer Printed Name	Customer Signature	Date

WORK ORDER #33671