RIVERS EDGE COMMUNITY DEVELOPMENT DISTRICT 
SUMMARY OF FISCAL YEAR 2023 ASSESSMENTS 
10/1/22 - 9/30/23 

ASSESSED 
SERIES 2018A1- 
2 DEBT 
INVOICED NET 
SERIES 2016 
DEBT INVOICED 
NET 
SERIES 2018 
DEBT INVOICED 
NET FY22 O&M 
TOTAL NVOICED 
NET 
- 1 3,798.45 9 6,491.77 132,842.92 243,133.14 
- 13,798.45 96,491.77 132,842.92 2 43,133.14 

RECEIVED 
SERIES 2018A1- 
2 DEBT PAID 
SERIES 2016 
DEBT PAID 
SERIES 2018 
DEBT PAID O&M PAID TOTAL PAID 
BALANCE DUE / 
(DISCOUNTS 
NOT TAKEN) 
- 13,798.45 96,491.77 132,842.92 243,133.14 - 
- 13,798.45 96,491.77 132,842.92 243,133.14 - 

ASSESSED TO # UNITS 
MATTAMY - BULK (1) 66 
TOTAL DIRECT BILLS 66 

NET REVENUE TAX ROLL 1,452 4 44,980.69 6 96,449.67 3 72,425.79 2,245,575.32 3,759,431.46 

446,807.31 699,308.55 373,954.58 2,254,793.28 3,774,863.72 (15,432.26) 

TOTAL REVENUE 1,518 4 44,980.69 7 10,248.12 4 68,917.56 2,378,418.24 4,002,564.60 

446,807.31 713,107.00 470,446.35 2,387,636.20 4,017,996.86 (15,432.26) 

DIRECT BILL PERCENT COLLECTED 
TAX ROLL PERCENT COLLECTED 
TOTAL PERCENT COLLECTED 

0.00% 100.00% 100.00% 100.00% 100.00% 
100.41% 100.41% 100.41% 100.41% 100.41% 
100.41% 100.40% 100.33% 100.39% 100.39% 

(1) Developer is on a payment plan for undeveloped land. Debt service assessments – 50% due December 1, 2022, 25% due February 1, 2023 and 25% due May 1, 2023 
Operations and maintenance assessments – 50% on October 31, 2022, 25% on November 30, 2022 and 25% on December 31, 2022 
SUMMARY OF TAX ROLL RECEIPTS 
ST JOHNS COUNT DIST. DATE AMOUNT 
SERIES 2018A1- 
2 DEBT 
SERIES 2016 
DEBT 
SERIES 2018 
DEBT O&M 
1 11/2/2022 7,705.26 912.02 1,427.43 763.32 4,602.49 
2 11/17/2022 88,390.38 10,462.22 16,374.67 8,756.34 52,797.15 
3 11/28/2022 138,876.04 16,437.90 25,727.34 13,757.67 82,953.13 
4 12/12/2022 287,833.65 34,069.09 53,322.33 28,514.07 171,928.16 
5 12/15/2022 403,938.84 47,811.75 74,831.28 40,015.96 241,279.86 
6 1/23/2023 2,391,050.59 283,013.89 442,951.65 236,867.97 1,428,217.07 
INTEREST 2/1/2023 5,030.65 595.45 931.95 498.36 3,004.90 
7 2/21/2023 364,896.69 43,190.57 67,598.57 36,148.27 217,959.29 
8 3/30/2023 30,753.32 3,640.08 5,697.18 3,046.56 18,369.51 
INTEREST 4/6/2023 2,899.07 343.15 537.06 287.19 1,731.67 
9 5/8/2023 44,778.60 5,300.17 8,295.41 4,435.96 26,747.05 
TAX CERTIFICATES 6/15/2023 8,710.61 1,031.02 1,613.68 862.91 5,203.00 
- - - - 
- - - - 
- - - - 
TOTAL TAX ROLL RECEIPTS 3,774,863.70 446,807.31 699,308.55 373,954.58 2,254,793.28 


A & J Land Surveyors, Inc. 

5847 Luella Street 

Jacksonville, Florida 32207 

Telephone (904) 346-1733 Fax (904) 346-1736 

Jon Bowan, PLS Jeff Ward, PLS 

 

September 15, 2023 

 

Rivers Edge CDD, 

Attn: GMS, LLC. 

 

c/o 

Jeff Mason 

PROSSER 

13901 Sutton Park Drive 

Suite 200 

Jacksonville, Florida 32224 

 

 

Proposal 

 

Reference: Pickleball Courts (See attached photo provided by Prosser) 

 

Dear Mr. Mason, 

 

A&J Land Surveyors, Inc. is pleased with the opportunity to provide your firm with a quote for 
professional land surveying services at the above referenced project. 

 

Task 1: Topographic Survey: 

 

Upon acceptance of this Proposal, A&J Land Surveyors, Inc. will perform a topographic survey per 
Florida Minimum Technical Standards as set forth in 5J-17, Florida Administrative Code (FAC), at 
the above referenced site. The Survey limits will be as shown on the attached photograph provided 
to this firm by Prosser. All visible aboveground improvements, including utilities will be located and 
sufficiently detailed for engineering design. 

 

Task 2: Tree Survey: 

 

At the same time as “Task 1”, A&J Land Surveyors, Inc. will perform a specific purpose tree survey 
per St. Johns County requirements, on the parcel outlined in this scope of work, Additionally the 
edge of landscaping, demarcated by mulch will also be shown graphically on the survey. 

 

Final product will result in a cad file, in State of Florida, State Plane Coordinate System, East Zone 
(Zone 901) and in National Geodetic Vertical Datum of 1929, (NGVD ’29). 

 

 

Total Fee..................................................................................................................$2,750.00 

 

 

 

 

Items Not Included 


 

Excavation of Underground Facilities Title Search / Title Opinion 

Jurisdictional Wetlands Survey Sketch and Description 


 

Costs such as additional printing and delivery services will be invoiced at direct cost plus 15%. 
Fees outlined hereon are valid for a period of 90 days from the above referenced date. 

 

 

General Conditions 

PAYMENT TERMS – Payment is due upon the receipt of our invoice. If payment is not received within thirty 
days from the invoice date, Client agrees to pay a finance charge on the principal amount of the past due 
account of one and one-half percent per month. If one and one-half percent per month exceeds the maximum 
allowed by law, the charge shall automatically be reduced to the maximum legally allowable. 

 

In the event Client requests termination of the services prior to completion, the Client shall pay all charges 
incurred through the date services are stopped plus any shutdown costs. If during the execution of the 
services, A&J Land Surveyors, Inc. is required to stop operations as a result of changes in the scope of 
services such as requests by the Client or requirements of third parties, additional charges will be applicable. 

 

INSURANCE – A&J Land Surveyors, Inc. maintains Workers’ Compensation and Employer’s Liability 
Insurance in conformance with applicable state law. In addition, we maintain Comprehensive General Liability 
Insurance, Automobile Liability Insurance and / or an umbrella policy with bodily injury and property damage 
limits of $1,000,000 per claim / $2,000,000 per incident, and Client will appear as additional insured on A&J 
Land Surveyors, Inc. liability policy and form CG2010 (7/04). A certificate of insurance can be supplied 
evidencing such coverage which contains a clause providing that fifteen days written notice be given prior to 
cancellation. 

 

Cost of the above coverage is included in our quoted fees. If additional coverage or increasing limits of liability 
are required, A&J Land Surveyors, Inc. will endeavor to obtain the requested insurance and charge separately 
for costs associated with additional or increased limits. 

 

STANDARD OF CARE – The only warranty or guarantee made by A&J Land Surveyors, Inc. in connection 
with the services performed hereunder, is that we will use that degree of care and skill ordinarily exercised 
under similar conditions by reputable members of our profession practicing in the same or similar locality. No 
other warranty, expressed or implied, is made or intended by our proposal for consulting services or by our 
furnishing oral or written reports. 

 

PERMITTING / ZONING – The Client is herein notified that several City, State and Federal environmental, 
zoning and regulatory permits may be required for this project. A&J Land Surveyors, Inc. will assist the Client 
in preparing these permits at the Client’s direction. However, the Client acknowledges that it has the 
responsibility for submitting, obtaining and abiding by all required permits. Furthermore, the Client holds A&J 
Land Surveyors, Inc. harmless from any losses or liabilities resulting from such permitting or regulatory action. 

 

SALES TAX – The purchaser of the services described herein shall pay any applicable state sales tax in the 
manner and in the amount as required by law. 

 

COST OPINIONS – Any cost opinions or Project economic evaluations provided by A&J Land Surveyors, Inc. 
will be on a basis of experience and judgment, but, since it has no control over market conditions or bidding 
procedures, A&J Land Surveyors, Inc. cannot warrant that bids, cost estimates, ultimate construction cost, or 
Project economics will not vary from these opinions. 

 

OWNERSHIP OF DOCUMENTS – All documents, including, but not limited to drawings, specifications, 
reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by A&J Land 
Surveyors, Inc. as instruments of service pursuant to this Agreement, shall be the sole property of A&J Land 
Surveyors, Inc. Client agrees that all documents of any nature furnished to Client or Client’s agents or 
designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose 
whatsoever. Client further agrees that under no circumstances shall any documents produced by A&J Land 
Surveyors Inc., pursuant to this Agreement be used at any location or for any project not expressly provided 
for in this Agreement without the written permission of A&J Land Surveyors, Inc. 

 


SAFETY – Should A&J Land Surveyors, Inc. provide periodic observations or monitoring services at the job 
site during construction, Client agrees that, in accordance with generally accepted construction practices, the 
contractor will be solely and completely responsible for working conditions on the job site, including safety of 
all persons and property during the performance of the work and compliance with OSHA regulations, and that 
these requirements will apply continuously and not be limited to normal working hours. Any monitoring of the 
contractor’s procedures conducted by A&J Land Surveyors Inc. is not intended to include review of the 
adequacy of the contractor’s safety measures in, on, adjacent to, or near the construction site. 

 

ASSIGNABILITY – Client and A&J Land Surveyors, Inc. respectively bind themselves, their successors and 
assigns to the other party to this Agreement and to the successors and assigns of such other part with respect 
to all covenants of this Agreement. Neither Client nor A&J Land Surveyors, Inc. shall assign this Agreement 
without the prior written consent of the other part. 

 

INTEGRATION – This Agreement represents the entire and integrated Agreement between Client and A&J 
Land Surveyors, Inc. and supersedes all prior negotiations, representations or Agreements, either written or 
oral. This Agreement may be amended only by written instrument signed by both parties. 

 

SEVERABILITY AND SURVIVAL – If any of the provisions contained in this Agreement are held invalid, illegal, 
or unenforceable, such invalidity, illegality or unenforceability will not affect any other provision, and this 
Agreement will be construed as if such invalid, illegal, or unenforceable provision had never been contained 
herein. 

 

GOVERNING LAW – This Agreement shall be governed in all respects by the laws of the State of Florida. 

 

LIMITATIONS ON CAUSES OF ACTION – Causes of action between the parties to this Agreement pertaining 
to acts or failures to act shall be deemed to have occurred and the applicable statutes of limitations shall 
commence to run not later than (i) the date of substantial completion for acts or failures to act occurring prior 
to substantial completion of our surveying services pursuant to this Agreement, or (ii) the date of issuance of 
our final invoice for acts or failure to act occurring after substantial completion of our surveying services 
pursuant to this agreement. 

 

THIRD PARTY BENEFICIARY – Nothing contained in this Agreement shall create a contractual relationship 
with or cause of action in favor of a third party against either Client or A&J Land Surveyors, Inc. 

 

Please indicate your agreement with this proposal and the attached General Conditions by signing in the 
space provided and return one copy to our office. 

 

Sincerely, 

 

A&J Land Surveyors, Inc. 

 

 

Jonathon B. Bowan, PLS 

Vice President 

 

 

 

 

Notice to Proceed 

 

 

 

Accepted by:___________________________________ 

 

Date:_________________________________________ 


 

A white rectangular sign with black letters
Description automatically generated
RECDD’s BOS Monthly Operations Report 

 

Date of report: 9/20/2023 Submitted by: Jason Davidson & Kevin McKendree 

 

RECDD I 

 

RiverHouse Light Pole: 

The ti eline to get the parts to . x this light has taken longer than expected. At this point the company 
we originally hired has become unresponsive and we have contracted a diĀerent electrician who should 
be able to source the parts as he has experience with Sternberg lighti g. 

 

Dog Parks: 

It was requested in last month’s CDD meeti g to gather cost information for adding a more e. cient 
locking system. We have contracted Sterling Fence to install the same locks that the new dog park will 
have but due the price is high. We can order the parts and do the repair in house saving the community 
roughly $700. 

 

RiverHouse Pool Speakers: 

The Riverhouse pool speakers’ replacement job is complete and all is funcĀoning correctly. 

 

Surge Protection on Panels: 

It was requested in the July BOS meeti g to inves􀀁 gate surge protecti n on breaker panels. We explored 
optio s at the RiverClub with our recent lightning issues and opted to go with a Ditek 100kA surge 
protector. We inquired into protecĀon through FPL, they do provide protecti n at the meter at $35 a 
month but use of this would be on a case by case basis. 

 

Encroachment Audit: 

In the July BOS meeti g it was requested that our team audit all fence encroachments and for legal to 
draft a formal le􀀁 er to issue to violators. This will be an o􀀁 season task (winter someti e Nov. through 
Feb). 

Tennis Court Maintenance: 

We have been 􀀁 elding concerns regarding the temporary pickleball courts, specifi ally trouble 
delineati g between the tennis and pickleball lines during play. We were able to paint over the pickleball 
lines with a blue color to assist with this and so far, community feedback has been posiĀve. 


 

Splash Pad: 

The splash pad is back up and running after having the motor replaced. We are s􀀁 ll awaiĀng quotes for 
comparison on the chemical controller to be replaced. 

 

Patio Lights: 

Our in-house maintenance team replaced the worn-out patio lights at the RiverHouse. They 
cosmeti ally look much be􀀁 er and are on a photocell that is tied into other lighti g in the building. 

 

Rambling Water Run Inlet Repair: 

It was found that there was a sink hole forming behind a storm water drain located on Rambling Water 
Run. This inlet failed previously from curbside, this 􀀁 me it is failing from the sidewalk side of the inlet. 
StaĀ has acquired a proposal for repair and is working with the District Engineer in an e􀀁 ort to execute 
the repair through HEB Services, Inc. This repair is now complete and we are awaiĀng sod replacement. 

 

100 Rambling Water Run Inlet Repair. 

We received reports of a sinkhole forming around a sewer inlet in the alley behind 100 Rambling Water 
Run. We veriĀed the scope of work with the district engineer before signing the agreement. This repair 
is now complete. 

 

Alley Way Parking: 

We have received numerous complaints about residents parking on the paver areas in the Allys around 
the original Mainstreet district. We are sending out an E blast to not park here aĀer which we will begin 
installing no parking signs in these areas. 

 

Riverfront Park Lights: 

The ti er that controls the lighti g at the Riverfront Park became non operationa and would not shut 
o􀀁 . We had this replaced and all is opera􀀁 onal. 

 

Gardens Curbing Issue: 

Mr. Baron stated at last month’s CDD meeti g that he spoke with a resident in the Gardens Phase I and 
the alley that is going to the garage access points does not have curbing. The phase 2 in the Gardens 
does have curbing. They were informed that when they were the last units going in that the curbing 
would be installed, and it had not been installed. They are requesti g that curbing be installed. We are 
awaiĀng word from the engineer on whether or not it is within the specifi a􀀁 ons that were designed or 
is it de􀀁 cient in the curbing. 

 

Hurricane Idalia Update: Lap Pool 


During our post storm inspection we found that we were unable to get the motor on the Lap pool to 
start because there is no power going to the controller. We had an electrician come out to 
troubleshoot on 9/1 and he was able to get the pool back online. The VFD is shot and we have plans to 
install a in-line motor starter in lieu of it similar to what we did on the family pool earlier this year. We 
are also having the seals replaced between the motor and pump as a leak developed during the motors 
down time. 

 

Riverfront Park Vandalism: 

Over the holiday weekend the pier was vandalized. Paint from a job site was spla􀀁 ered all over the pier. 
We received word from St. Johns River Water Management District that there are no sti ulation on 
how we need to clean this up as it lies right on the river. We had the deck pressure washed to remove 
the paint and it is now up to standard. 

 

Sternwheel Park Toys: 

The community was no􀀁 􀀁 ed in August that they had unti Labor Day to remove the toys located in 
Sternwheel Park. Our maintenance staff removed what was le􀀁 over and will conti ue to monitor and 
remove if any more show up. 

 

RECDD II 

 

Manor monument lighting: 

We installed sets of solar lights on the entrance monuments. 

 

Riverclub Pool Motor: 

We installed a surge suppression device by Ditek for the panel that controls the pools equipment in 
hopes of avoiding lightning strikes and power surges in the future. We are also in the process of ordering 
a suitable backup motor and gaskets to have on hand. These motors are not readily available locally so 
having a backup would signifi antly reduce the repair ti e and allow this pool to always stay up and 
running. 

 

RiverClub Boardwalk Trees: 

Some of the tree limbs along the boardwalk had started to encroach and needed to be li􀀁 ed. We had 
Yellowstones tree division do a extensive cutback on these so that they should not encroach again for a 
few years. 

 

Adirondack Chairs: 

MulĀple chairs around the 􀀁 repits have begun to split in areas making them unrepairable. We were able 
to scab pieces together to repair 3 of them. We are beginning the process of acquiring quotes to replace 
one of the pits’ complete set of chairs and relocate all the older ones to one pit to remain uniform. 

 

 

 


 

 

RECDD III 

 

Haven Playground: 

Some of the rock-climbing wall holds had come loose and broken. We had some extras on hand and 
were able to replace them. Also the paver steps going to the slide had a few become loose again, we 
secured these and did a thorough evaluation of the staircase to 􀀁 nd others that may be loose. All are 
secure for the time being. 

 

 

 

 

All Districts 

 

Outfall structures: 

With hurricane season here our team has been proacti e for a while now checking pond ou􀀁 all 
structures for blockages and removing them when necessary. This aids in keeping the stormwater 
management system 􀀁 owing to prevent 􀀁 ooding. I feel con􀀁 dent that when a storm comes, we will be 
ready! 

 

Ponds: 

We were able to contract out 2 companies to provide temporary service to our ponds as Charles 
Aquatics exits the property. They are Aquagenix and J and J Aquatics Both companies will be submitti 
bids for the RFP. Aquagenix will be servicing CDD 1, J and J in CDDs 2 and 3. Both companies will be 
treati g their territories twice during the month of September in hopes of regaining control of the 
condiĀons. 

 

 

 

A close up of a sign
Description automatically generated
RECDD’s Lifestyle Report 

 

Date of report: 9201/23 Submitted by: Kim Fatuch 

 

Ongoing Projects 

• Rental calendar has been put on hold because we are trying to 􀀁 gure out how to use one plug-in 
for 2 calendars. Kevin in IT is looking for a solution. 



• The LiĀle Library meeti g went well. Maura will head the project and get the neighbors to pitch 
in for the construcĀon of the LiĀle Library. It will be placed in the breezeway by the gym doors 
and pool gate. 
• The new design Newsle􀀁 er is receiving great feedback from the community. The Mid-month is 
set to go out on Friday. 
• Garden Plots and Kayak Shed audited today, emails to go out this week. 


September Events: 

• September 2nd – Live music with Jeremy Wineglass at the RiverClub. 
• September 2nd – Teen vs. Parent Challenge 
• Roughly 60-80 people a􀀁 ended this event. 
• Got good feedback that they like things like this. Just easy events they can do. 
• Coastal Moonwalk was great to work with. 
• A person and two kids playing on a bouncy castle
Description automatically generated



• September 3rd – BBQ Battle of the Residents 
• 7 residents signed up for the contest but only 3 showed up. 
• About 60-70 residents a􀀁 ended. 
• This event was a 􀀁 op for contestants but many residents showed up to taste food and I 
did get much feedback for the possibility of doing this as an annual thing but maybe not 
on a holiday weekend. 
• A person standing at a table with food on it
Description automatically generated
A group of people standing around a table
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• September 4th – Ice Cream Social at the RiverClub & RiverHouse 
• Magic DJ Andrew to play at RH. 






• Davis Cook played at RC – astounding reviews from residents. 





Upcoming Events 

• September 14th – Trivia & Music Bingo with DJ Ross 
• September 15th – Mixology Class for 50 
• Residents must register as space is limited. Class is already full as of 8/8/23. 
• Had to increase to 50 spots due to an overwhelming request for partic pa􀀁 on. 



• September 17th – Football Watch Party at RiverClub. 
• September 21st – Music Bingo at Riverclub 
• September 30th – Workout with Tracie at the Amphitheater 


October Events 

• October 7th – RiverTown River Jams 
• October12th – Music Bingo with DJ Ross 
• October 14th – Vendor Fair and Fall Festival 
• October 20th – Octoberfest at the Café 
• October 26th – FL/ GA Trivia with DJ Ross 
• October 27th – FL/GA Tailgate party at River Cafe 


 

 

 


into interlocal agreements in order to make the most efficient use of their powers by 
enabling them to cooperate with other Local Governmental Entities on a basis of mutual 
advantage, thereby providing services and facilities in a manner, and pursuant to forms of 
governmental organization, that will best accord with geographic, economic, population, and 
other factors influencing the needs and development of Local Communities; and 

WHEREAS, Section 624.4622, Florida Statutes, provides that any two or more Local 
Governmental Entities may enter into an interlocal agreement for the purpose of securing 
the payment of benefits under Chapter 440, Florida Statutes, provided such local 
governmental self- insurance fund created thereby has an annual normal premium in 
excess of five million dollars ($5,000,000.00), maintains a continuing program of excess 
insurance coverage, submits annual audited year-end financial statements, and has a 
governing body which is comprised entirely of local elected officials; and 

 WHEREAS, Section 768.28, Florida Statutes, provides that the state and its 
agencies and subdivisions are authorized to be self-insured, to enter into risk management 
programs, or to purchase liability insurance for whatever coverage they may choose, or to 
have any combination thereof, in anticipation of any claim, judgment, and claims bill which 
they may be liable to pay pursuant to such section; and 

 

 WHEREAS, Section 111.072, Florida Statutes, authorizes any county, municipality, 
or political subdivision to be self-insured, to enter into risk management programs, or to 
purchase liability insurance for whatever coverage it may choose, or to have any 
combination thereof in anticipation of any judgment or settlement which its officers, 
employees, or agents may be liable to pay pursuant to a civil or civil rights lawsuit described 
in s. 111.07, Florida Statutes; and 

 

 WHEREAS, Section 624.462, Florida Statutes, provides that a governmental selfinsurance 
pool created pursuant to Section 768.28(16), Florida Statutes, shall not be 
considered a commercial self-insurance fund; and 

WHEREAS, each of the participating Local Governmental Entities which are party to 
this Agreement, and all subsequent Local Governmental Entities which become party to this 


Agreement, are public agencies as defined in Section 163.01, Florida Statutes, and are 
authorized to enter into this Interlocal Agreement by executing a Participation Agreement; 
and 

 WHEREAS, each of the Local Governmental Entities which are a party to this 
Agreement have the powers and authorities to establish, operate and maintain their own 
individual self-insured programs for the purpose of securing payment of benefits under 
Chapter 440, Florida Statutes; and 

 

 WHEREAS, each of the Local Governmental Entities which are a party to this 
Agreement have the powers and authorities to establish, operate and maintain their own 
individual self-insured programs for the purpose of securing payment of benefits under risk 
management programs or liability insurance programs; and 

WHEREAS, it is in the public interest, and in the best interest of the parties hereto, 
that they join together to establish a consolidated and comprehensive Fund for the payment 
of benefits under the Florida Workers’ Compensation Law, payment of claims, judgments 
and claims bills which they may become liable to pay, payment of certain civil rights 
liabilities, payment of casualty and property losses, and the purchase of appropriate policies 
of insurance, excess insurance and reinsurance to provide protection against such claims 
and liabilities; and 

 WHEREAS, the governing authority of each of the Local Governmental Entities 
which are a party to this Agreement have duly authorized the execution and delivery of a 
Participation Agreement obligating such Governmental Entity to full performance of this 
Agreement; and 

WHEREAS, it is the intent of this Agreement to allow participation by additional 
Local Governmental Entities in the self-insurance fund created hereby, pursuant to the 
terms and conditions of this Interlocal Agreement; 

NOW, THEREFORE, by virtue of the execution and delivery of a Participation 
Agreement, the parties hereto do hereby covenant and agree as follows 


SECTION I 
INCORPORATION OF RECITALS 

 The foregoing WHEREAS clauses are incorporated in, and made a part of, this 
Amended Interlocal Agreement. 

 


SECTION II 
DEFINITIONS 

 The following definitions shall apply to the provisions of this Amended Interlocal 
Agreement: 

 
2.1 ADMINISTRATOR. An individual, partnership or corporation engaged by the 
Fund to carry out the policies of the Fund and provide the day-to-day 
executive management and oversight of the Fund’s operations, including, but 
not limited to, administration, marketing, underwriting, quoting, issuance, 
maintenance and auditing of coverage terms, coordinating other third party 
service providers retained by the Fund and ensuring that the policies and 
decisions of the Board of Trustees are implemented. 

2.2 CLAIMS MANAGEMENT. “Claims Management” shall mean the process of 
identifying, receiving, handling, adjusting, reserving, resolving and planning 
for the funding of eligible claims made by or against any Member of the Trust 
and any other necessary risk management operations. 
2.3 CONTRIBUTION(S). “Contribution(s)” shall mean any premium charge or other 
consideration imposed or collected by, or on behalf of the Trust, from its 
Members based on criteria adopted from time to time by the Board of 
Trustees. Contributions may be determined and set with respect to all 
Members, any individual Member or otherwise. The terms “Contribution(s)”, 
“Premium(s)” and “Premium Contribution(s)” are used interchangeably and 
synonymously throughout this Agreement. 

2.4 COVERAGE TERMS. “Coverage Terms” or “Coverage Agreements” shall mean 
the terms and conditions of certificates of insurance, policies of insurance, 
endorsements to policies of insurance, excess insurance policies and 
reinsurance policies which are provided to Fund Members from time to time 


which comprehensively set forth the insurance coverages provided to the 
Fund Members, as may be modified or altered from time to time with respect 
to all Members, any individual Member, or otherwise, within the applicable 
notice and procedural requirements of law, or in any other rules and 
regulations adopted by the Board of Trustees. 

2.5 FUND. “Fund” shall mean the group self-insurer’s fund or trust fund which is 
hereby created for the purposes set forth herein, known as the Preferred 
Governmental Insurance Trust. The terms “Fund”, “Trust” and “Trust Fund” 
are used interchangeably and synonymously throughout this Agreement. 

2.6 LOCAL GOVERNMENTAL ENTITY OR ENTITIES. “Local Governmental Entity or 
Entities” shall mean any “public agency” as defined by Section 163.01(3)(b), 
Florida Statutes. 

2.7 MEMBER. “Member” shall mean a Local Governmental Entity which has duly 
executed a Participation Agreement and otherwise has complied with all 
provisions of this Agreement, and which thereafter is entitled to all the rights 
and benefits conferred by, and subject to all conditions and obligations 
imposed by, this Agreement, the Coverage Terms, or any rules and 
regulations which may be adopted by the Board of Trustees. 

2.8 NON-COMPLIANCE. “Non-Compliance” shall mean the failure to comply with the 
terms of this Agreement, the Coverage Terms, or any rules and regulations 
which may be adopted by the Board of Trustees, but only to the extent that 
such Non-Compliance is deemed material by, and within the sole discretion 
of, the Board of Trustees. 

2.9 PARTICIPATION AGREEMENT. “Participation Agreement” shall mean the 
application for membership in the Preferred Governmental Insurance Trust 
pursuant to which an applying member agrees to be bound by the provisions 
of the Florida Workers’ Compensation Act, this Amended Interlocal 
Agreement, the rules and regulations adopted by the Board of Trustees of the 
Fund, and when accepted by the Board of Trustees or their duly authorized 
representative, becomes a part of the Interlocal Agreement between the 
applying member and the Fund. 

2.10 PREMIUM(S). “Premium(s)” shall mean “Contribution(s)”. 


2.11 PREMIUM CONTRIBUTION(S). “Premium Contribution(s)” shall mean 
Contribution(s). 
2.12 THIRD-PARTY CLAIMS MANAGER. “Third-Party Claims Manager” shall mean an 
individual or organization providing claims management services to the Fund. 
2.13 TRUST. “Trust” shall mean the “Fund”. 
2.14 TRUSTEES. “Trustees” or “Board of Trustees” shall mean the collegial body 
charged with the operation and administration of the Fund pursuant to the 
provisions of this Agreement. 
2.15 TRUST FUND. “Trust Fund” shall mean the “Fund”. 


SECTION III 

ESTABLISHMENT OF “PREFERRED 
GOVERNMENTAL INSURANCE TRUST” 
AS A SELF-INSURED FUND 
3.1 ESTABLISHMENT. The Preferred Governmental Insurance Trust is hereby 
established and created pursuant to the provisions of Article VIII, Section 2, of 
the Florida Constitution, Sections 125.01, 163.01, 624.4622, 768.28(15)(a) 
and 111.072, Florida Statutes, for the purposes, and with the powers, duties 
and obligations, as herein set forth. 
3.2 LOCATION. The location of the principal office of the Trust shall be determined 
from time to time by the Board of Trustees. 
3.3 PURPOSES. This Amended Interlocal Agreement is made and executed, and 
the Fund created hereby is established for the purposes of: 
(a) Pooling Member’s resources to fulfill Members’ legal liabilities and 
obligations, including, but not limited to, providing for the payment of benefits 
under the Florida Workers’ Compensation Law; 
(b) To minimize the cost of providing workers’ compensation coverage by 
developing and refining specialized claim services, by developing and 
refining, internally or through third party service providers, a managed care 
system, together with the development and refining of loss prevention 
programs for the Members; 






(c) To pay or provide for general liability and casualty coverage to 
participating Members, including, but not limited to, public officials errors and 
omissions, employment practices liability and law enforcement liability claims; 
(d) To pay or provide for property coverage to participating Members; 





(e) To pay for or provide to its participating Members coverage in 
anticipation of any judgment or settlement resulting from a civil rights action 
arising under federal law; 

(f) To pay for or provide to participating Members coverage in anticipation 
of any claims bill passed by the Legislature; 
(g) To pay for or provide to participating Members coverage for any other 
risk authorized under Florida law to be self-insured; 
(h) To pay for or provide to participating Members all or a part of such 
coverages. 
This Agreement is not intended to create a partnership or other legal entity 
whereby one Member assumes the obligations of another Member, or the 
obligations of the Fund in general. 
3.4 NON-ASSESSABILITY. Should a deficit develop in the Trust, after excess 
reinsurance recoveries, whereby claims or other expenses cannot be paid, 
each individual Member shall assume liability for the costs of claims brought 
against that Member as if such Member were individually self-insured. Each 
individual Member shall thereafter be responsible for its individual costs 
including, but not limited to, claims administration without an obligation to, or 
a right of contribution from, other Members. 
3.5 POWERS. The Trust shall have all the rights, powers, duties and privileges as 
set forth in Article VIII, Section 2 of the Florida Constitution, and Sections 
163.01, et seq., 624.4622, 768.28(15)(a) and 111.072, Florida Statutes, and 
any other applicable Florida Statutes, which are necessary to accomplish the 
purposes described in Section 3.3, including but not limited to the following: 
(a) Securing the payment of benefits under Chapter 440, Florida Statutes. 
(b) Collecting premiums from Members for the purpose of paying for or 
providing casualty, property, and liability coverage, and securing the payment 
of claims associated therewith. 






 (c) Paying for or providing coverage for any other risk authorized under 
Florida law to be self-insured. 

 (d) Paying for or providing all or a part of such coverages. 

 (e) To make, enter into, and arrange for insurance, reinsurance, excess 
insurance, catastrophic insurance, stop-loss insurance, or any other coverage 
as the Fund shall deem necessary and appropriate, without such purchase 
being deemed a waiver of sovereign immunity. 

 (f) To pay, or approve the payment of, any expenses and fees associated 
with the operation of the Fund. 

 (g) To indemnify and hold harmless any Trustee, officer of the Fund, or 
any person acting on behalf of the Fund, to the fullest extent such 
indemnification is permitted by law, against (1) reasonable expenses actually 
and necessarily incurred in connection with any threatened, pending or 
completed action, suit or proceeding, whether civil, administrative or civil 
investigative, including any action, suit or proceeding by or on behalf of the 
Fund, seeking to hold said person liable by reason of the fact that he or she 
was acting in such capacity, and (2) reasonable payments made by him or 
her in satisfaction of any judgment, monetary decree or settlement for which 
he or she may have become liable in any such action, suit or proceeding by 
reason of the fact that he or she was acting in such capacity. This 
indemnification is not intended to, and does not, waive any immunities 
provided to Members of the Fund, Trustees serving in their capacity as 
Trustees to the Fund, or to officers or employees of the Fund, by virtue of the 
laws of the state of Florida, but is merely in addition to such rights, privileges 
and immunities. (Ref. 624.489 and 768.28, FS). 
SECTION IV 
ADMINISTRATION OF FUND 


4.1 MEETINGS. The Board of Trustees shall meet at such time and in such 
location as may be acceptable to a majority of the Board of Trustees. The 
Chairman of the Board of Trustees or his designee shall set the date, time 
and location of each meeting, and notice thereof shall be furnished to each 



Trustee by the Chairman or his designee not less than ten (10) days prior to 
the date of such meeting. Such notice shall specify the date, time and 
location of such meeting and may specify the purpose thereof, and any action 
proposed to be taken there at. Such notice shall be directed to each Trustee 
by mail to the address of such Trustee as is recorded in the office or offices of 
the Fund. In no event shall the Board of Trustees meet less than quarterly. 


 The Chairman of the Board or any three (3) Trustees may call a special 
meeting and direct the Administrator to send the prerequisite notice for any 
special meeting of the Board of Trustees. Special meetings of the Board of 
Trustees may be held at any time and place without notice, or with less than 
the prerequisite notice, provided all Trustees execute a waiver of notice and 
consent to said meeting. 

 For purposes of a duly called meeting of the Board of Trustees, a quorum 
shall exist if a majority of the members of the Board of Trustees are present. 


 The Administrator shall keep minutes of all meetings, proceedings and acts of 
the Board of Trustees, but such minutes need not be verbatim. Copies of all 
minutes of the Board of Trustees shall be sent by the Administrator to all 
Trustees. 

4.2 VOTING. All actions by, and decisions of, the Board of Trustees shall be by 
vote of a majority of the Trustees attending a duly called meeting of the Board 
of Trustees at which a quorum is present; however, in the event of a duly 
called special meeting, all actions by, and decisions of, the Board of Trustees 
may be by vote of a majority of the Trustees present and attending such 
special meeting if a proper waiver of notice and consent was obtained as 
provided herein. 




4.3 OFFICE OF THE FUND. The Board of Trustees shall establish, maintain and 
provide adequate funding for an office or offices for the administration of the 
Fund. The address of such office or offices shall be made known to the units 
of local governments eligible to participate in, or participating in, the Fund. 
The books and records pertaining to the Fund and its administration shall be 
kept and maintained at the office or offices of the Fund. 

4.4 EXECUTION OF DOCUMENTS. A certificate, document, or other instrument signed 
by the Chairman or the Administrator of the Fund shall be evidence of the 





action of the Board of Trustees and any such certificate, document, or other 
instrument so signed shall conclusively be presumed to be authentic. 
Likewise, all acts and matters stated therein shall conclusively be presumed 
to be true. 
4.5 APPOINTMENT OF ADMINISTRATOR. The trustees shall designate and provide 
compensation for an Administrator to administer the affairs of the Fund. Any 
Administrator so designated shall furnish the board of Trustees with a fidelity 
bond with the Trustees as named obligee. The amount of such bond shall be 
determined by the Trustees and the evidence thereof shall be available to all 
units of government eligible to participate, or participating in, the Fund. 
4.6 COMPENSATION AND REIMBURSEMENT OF TRUSTEES. The Board of Trustees may 
from time to time establish a reasonable amount of compensation to cover 
attendance at a duly called meeting by the Board of Trustees, or to cover the 
performance of the normal duties of a Trustee. Such compensation shall 
include reimbursement for reasonable and necessary expenses incurred 
therewith. 
SECTION V 




NUMBER, QUALIFICATION, TERM OF OFFICE 

AND POWER AND DUTIES OF TRUSTEES 


 

5.1 NUMBER AND QUALIFICATION OF TRUSTEES. The operation and administration of 
the Trust shall be the joint responsibility of a Board of Trustees consisting of 
seven (7) Trustees. No Trustee may be elected who is, or continue to serve 
as a Trustee after becoming, an owner, officer, or employee of a service 
provider to the Fund. Each Trustee shall be an elected official of a Member. 
No two (2) Trustees may be elected officials from the same Member. Each 
Trustee shall serve for a period of four (4) years, or the balance of such 
Trustee’s term of office as an elected official of the Member, whichever shall 
first occur. A Trustee may serve successive four (4) year terms provided 
such Trustee continues to remain an elected official of a Member. Each and 
every Trustee named, and each successor Trustee, shall acknowledge and 





consent to their election as a Trustee by giving written notice of acceptance of 
such appointment to the chairman, or acting chairman of the Board of 
Trustees. 
5.2 RESIGNATION AND REMOVAL OF A TRUSTEE. A Trustee may resign and become 
and remain fully discharged from all further duties or responsibilities 
hereunder, by giving at least sixty (60) days prior written notice sent by 
certified mail, overnight delivery or other appropriate method of delivery to the 
chairman or acting chairman of the Board of Trustees. Such notice shall 
state the date said resignation shall take effect, and such resignation shall 
take effect on the date designated unless a successor Trustee has been 
elected at an earlier date as herein provided, in which event resignation shall 
take effect immediately upon the election of such successor Trustee. 
Additionally, oral notice of resignation may be given at any duly convened 
meeting of the Trustees, which said oral notice of resignation shall be 
incorporated, and made a part of, the minutes of such duly convened 
meeting. A Trustee may be removed by a majority vote of the Board of 
Trustees or by a majority vote of the Members. Any Trustee, upon leaving 
office, shall forthwith turn over and deliver to the chairman or the secretary of 
the Trustees at the principal office of the Trust any and all records, books, 
documents or other property in such Trustees possession, or under such 
Trustees control, which belongs to the Trust. 
5.3 ELECTION OF SUCCESSOR TRUSTEES. Successor Trustees shall be elected by a 
majority vote of the Board of Trustees. Nominations for the election of 
Trustees may be made by the Board of Trustees or by any Member of the 
Fund. 
5.4 TRUSTEE TITLE. In the event of death, resignation, refusal or inability to act by 
any one or more of the Trustees, the remaining Trustees shall have all the 
powers, rights, estates and interests of this Trust and shall be charged with its 
duties and responsibilities; provided, however, that in such case(s), no action 
may be taken unless it is concurred in by a majority of the remaining 
Trustees. 
5.5 TRUSTEE OFFICERS. The Trustees shall elect from among themselves a 
chairman, vice-chairman and secretary of the Board of Trustees. Such 





officers shall be elected annually at the end of the fiscal year of the Trust, and 
may succeed themselves. 




5.6 POWER AND AUTHORITY. The Board of Trustees shall be charged with the 
duty of the general supervision and operation of the Fund, and shall conduct 
the business activities of the Fund in accordance with this Agreement, its bylaws, 
rules and regulations and applicable federal and state statutes and 
rules and regulations. In connection therewith, the Board of Trustees may 
exercise the following authority and powers: 
(a) To collect premiums from participating Members in an amount 
individually agreed to by the Fund and said Members for the purpose of 
paying for or providing the coverages provided in this Agreement to 
participating Members. 
(b) To pay for or provide such excess insurance or reinsurance coverage 
as is necessary to accomplish the purpose of the Fund. 
(c) To borrow funds, issue bonds and other certificates of indebtedness, 
and arrange for lines or letters of credit to assist in providing the coverages 
provided in this Agreement to participating Members. 


 (d) To pay for or provide appropriate liability and other types of insurance 
to cover the acts of the Board of Trustees of the Fund. 
(e) To contract with appropriate professional service providers to meet the 
purposes of the Fund, and to expend funds for the reasonable operating and 
administrative expenses of the Fund, including but not limited to, all 
reasonable and necessary expenses which may be incurred in connection 
with the establishment of the Fund, in connection with the employment of 
such administrative, legal, accounting, and other expert or clerical assistance 
to the Fund, and in connection with the leasing and purchase of such 
premise, material, supplies and equipment as the Board, in its discretion, may 
deem necessary for or appropriate to the performance of its duties, or the 
duties of the Administrator or the other agents or employees of the Fund. 
(f) To pay claims the Fund becomes legally obliged to pay pursuant to the 
Coverage Agreements entered into by and between the Fund and 
participating Members. 





 (g) To establish and accumulate as part of the Fund adequate reserves to 
carry out the purposes of the Fund. 


 (h) To pay premiums on, and to otherwise secure or provide, insurance 
products that are ancillary to the coverages authorized by this Agreement. 


 (i) To invest and reinvest funds that may come into the possession of the 
Fund. 

 (j) To assume the assets and liabilities of the Fund. 
(k) To take such actions and expend such funds as are reasonably 
necessary to facilitate the cessation of the business of the Fund. 
(l) To exercise such powers that are authorized to be exercised by 
trustees under and pursuant to the laws of Florida. 
(m) To take such other action and expend such funds as are reasonably 
necessary to accomplish the purposes of the Fund. 


5.7 APPROVAL OF MEMBERS. The Board of Trustees, after the inception of the 
Fund, shall receive applications for membership from prospective new 
participants in the Fund and shall approve applications for membership in 
accordance with the terms of this Agreement, any Participation Agreement, 
applicable federal and state statutes and rules and regulations, and the rules 
and regulations established by the Board of Trustees for the admission of 
new members into the Fund; provided, however, no prospective member may 
participate in the Fund unless such prospective member is a public agency of 
the state. As used herein, the phrase “public agency” includes, but is not 
limited to, the state, its agencies, counties, municipalities, special districts, 
school districts, and other governmental entities; the independent 
establishments and constitutional officers of the state, counties, 
municipalities, school districts, special districts, and other governmental 
entities; and corporations primarily acting as instrumentalities or agencies of 
the state, counties, municipalities, special districts, school districts, and other 
governmental entities. The Board of Trustees shall be the sole judge of 
whether or not an applicant for membership shall be eligible to participate in 
the Fund; provided, however, the Board of Trustees may delegate the 
functions associated with approval of Members to the Administrator. 



5.8 REPORTING. The Board of Trustees shall be responsible for and shall cause to 
be prepared and filed such annual or other periodic audits, reports and 
disclosures as may be required from time to time pursuant to applicable 
federal and state statutes and rules and regulations, including, but not limited 
to, periodic payroll audits, periodic summary loss reports, periodic statements 
of financial condition, certified audits, appropriate applications filed by 
prospective new members, reports as to financial standings, payroll records, 
reports relating to coverage, experience, loss and compensation payments, 
summary loss data statements, periodic status reports, and any other such 
reports as may be required from time to time to accomplish the purpose of the 
Fund or to satisfy the requirements of appropriate governmental entities. 




5.9 TRUSTEES’ LIABILITY. The Trustees and their agents and employees shall not 
be liable for any act of omission or commission taken pursuant to this 
Agreement unless such act constitutes a willful breach of fiduciary duties nor 
shall any Trustee be liable for any act of omission or commission by any other 
Trustee or by any employee or agent of the Fund. The Fund hereby agrees 
to save, hold harmless and indemnify the Trustees and their agents and 
employees for any loss, damage or expense incurred by said persons or 
entities while acting in their official capacity on behalf of the Fund, unless 
such action constitutes a willful breach of fiduciary duties. 


5.10 RELIANCE ON COUNSEL’S OPINION. The Board of Trustees may employ and 
consult with legal counsel concerning any questions which may arise with 
reference to the duties and powers of the Board of Trustees or with reference 
to any other matter pertaining to this Agreement or the Fund created thereby; 
and the opinion of such counsel shall be full and complete authorization and 
protection from liability arising out of or in respect to any action taken or 
suffered by the Board of Trustees or an individual Trustee acting hereunder in 
good faith and in accordance with the opinion of such counsel. 

5.11 BY-LAWS, RULES AND REGULATIONS. The Board of Trustees may adopt and 
enforce such by-laws, rules and regulations as between the Members of the 
Fund and the Fund governing the operation of the Fund as are consistent 
with the terms of this Agreement and as are reasonably necessary to 
accomplish the purposes of the Fund. 





 

SECTION VI 
POWERS AND DUTIES OF THE ADMINISTRATOR 
6.1 RESPONSIBILITIES. The Administrator shall have the power and authority to 
implement the directives of the Board of Trustees and the policy matters set 
forth by the Board of Trustees as they relate to the on-going operation and 
supervision of the Fund, the by-laws, rules and regulations established by the 
Board of Trustees, the provisions of this Agreement, and applicable federal 
and state statutes, rules and regulations. The powers, duties and 
responsibilities of the Administrator retained by the Board of Trustees shall be 
set forth in an Administrative Agreement executed between the Board of 
Trustees and the Administrator. 
6.2 CONTRIBUTIONS. The Administrator shall deposit into the account or accounts 
designated by the Board of Trustees, at the financial institution or institutions 
designated by the Board of Trustees, all contributions as and when collected 
from the Members and said monies shall be disbursed only in the manner 
provided by this Agreement, the Coverage Agreements, the rules, regulations 
and by-laws of the Board of Trustees, and the Agreement entered into by and 
between the Board of Trustees and the Administrator. 
SECTION VII 
MEMBERS 


 
7.1 MEMBERSHIP CANCELLATION, SUSPENSION OR EXPULSION. The Board of Trustees 
shall be the sole judge of whether membership in the Fund may be cancelled, 
or whether a member may be suspended or expelled from the Fund; 
provided, however, the Board of Trustees may delegate the functions 
associated with cancellation, suspension or expulsion of a Member to the 
Administrator. Written notice of any such cancellation, suspension or 
expulsion shall be provided by the Fund to the member no less than thirty 
(30) days prior to the effective date of such cancellation, suspension or 
expulsion, and no liability under this Agreement or any other agreement, 



certificate, document, or other instrument executed by the Fund and the 
member pursuant to this Agreement, shall accrue to the Fund following the 
effective date of such cancellation, suspensions or expulsion. The minimal 
notice provisions of this paragraph shall not apply in the event a member fails 
to make the requisite contributions for coverages under this Agreement when 
such contributions are due. 
7.2 RESPONSIBILITIES OF MEMBERS. By execution of a Participation Agreement 
agreeing to be bound by the terms and conditions of this Amended Interlocal 
Agreement, each Member agrees to abide by the following rules and 
regulations: 

(a) The Trustees have the sole responsibility to govern and direct the 
affairs of the Fund pursuant to this Agreement. 

(b) Any Member who formally applies for Membership in this Fund, and 
who is accepted by the Board of Trustees, shall thereupon become a party to 
this Amended Interlocal Agreement and shall be bound by all of the terms 
and conditions contained herein. The Participation Agreement shall 
constitute a counterpart of this Amended Interlocal Agreement, and this 
Amended Interlocal Agreement shall constitute a counterpart of the 
Participation Agreement. 

(c) To maintain a reasonable loss prevention program in order to provide 
the maximum in safety and lawful practices as such may relate to the 
potential liability assumed by the Fund under this Agreement or any other 
agreement, certificate, document, or other instrument executed by the Fund 
and the Member pursuant to this Agreement. 

(d) To comply with the conditions of the Florida Workers’ Compensation 
Law. 

 (e) To provide immediate notification in the event an accident or incident 
occurs which is likely to give rise to a claim within the scope of this 
Agreement, or any other agreement, certificate, document, or other 
instrument executed by the Fund and the Member pursuant to this 
Agreement. 

(f) To promptly make all contributions for coverages arising under this 
Agreement, or any other agreement, certificate, document, or other 




instrument executed by the Fund and the Member pursuant to this 
Agreement, at the time and in the manner directed by the Board of Trustees. 
Said contributions may be reduced by any discount, participation credit, or 
other contribution reduction program established by the Board of Trustees. 

(g) In the event of the payment of any loss by the Fund on behalf of the 
Member, the Fund shall be subrogated to the extent of such payment to all 
the rights of the Member against any party or other entity legally responsible 
for damages resulting from said loss, and in such event, the Member hereby 
agrees, on behalf of itself, its officers, employees and agents, to execute and 
deliver such instruments and papers as is required, and do whatever else is 
reasonably necessary, to secure such right to the Fund, and to cooperate 
with and otherwise assist the Fund as may be necessary to effect any 
recovery sought by the Fund pursuant to such subrogated rights. 
(h) The Board of Trustees, its Administrator, and any of their agents, 
servants, employees or attorneys, shall be permitted at all reasonable times 
and upon reasonable notice to inspect the property, work places, plants, 
works, machinery and appliance covered pursuant to this Agreement, or any 
other agreement, certificate, document, or other instrument executed by the 
Member and the Fund pursuant to this Agreement, and shall be permitted at 
all reasonable times while the Member participates in the Fund, and up to and 
including two (2) years following the termination of its membership in the 
Fund, to examine the Members’ books, vouchers, contracts, documents and 
records of any and every kind which show or tend to show or verify any loss 
that may be paid or may have been paid by the Fund on behalf of the 
Member pursuant to this Agreement, or any other agreement, certificate, 
document, or other instrument executed by the Member and the Fund 
pursuant to this Agreement, or which show or verify the accuracy of any 
contribution which is paid or payable by the Member pursuant to the terms of 
this Agreement, or any other agreement, certificate, document, or other 
instrument executed by the Member and the Fund pursuant to this 
Agreement. 

(i) The Fund is to defend in the name and on behalf of the Member any 
claims, suits or other legal proceedings which may at any time be instituted 


against the Member on account of bodily injury liability, property damage, 
property damage liability, errors and omissions liability or any other such 
liability, monetary or otherwise, to the extent such defense and liability has 
been assumed by the Fund pursuant to his Agreement, or any other 
agreement, certificate, document, or other instrument executed by the 
Member and the Fund pursuant to this Agreement, subject to any and all of 
the definitions, terms, conditions and exclusion contained in said agreements, 
or any other agreement, certificate, document, or other instruments, although 
such claims, suits, allegations or demands are wholly groundless, false, 
fraudulent, and to pay all costs taxed against the Member in any such legal 
proceedings defended by the Fund or the Member, all interest, if any, legally 
accruing before and after entry of judgment in such proceedings, and all 
expense incurred in the investigation, negotiation or defense of such claims, 
suits, allegations or demands. Such defense shall be subject to the control of 
the Fund and its Administrator, which may make such investigations and 
settlement of any such claim, suit, or other legal proceeding, monetary or 
otherwise, as they deem expedient. The Member agrees to cooperate fully 
with the Fund, its administrator and their agents, with respect to the 
investigation, adjustment, litigation, settlement and defense of any claim, suit, 
or other legal proceeding, monetary or otherwise, which would be covered by 
the terms of this Agreement and/or any policies of insurance, excess 
insurance or re-insurance which have been purchased to provide protection 
against such claims and liabilities. The Member acknowledges that failure to 
cooperate fully in the investigation, defense or litigation of such claims, suits, 
or liabilities may constitute grounds for denial of coverage pursuant to this 
Agreement and/or the applicable policies of insurance. 

(j) The liability of the Fund is specifically limited to the discharge of the 
liability of its Members assumed pursuant to this Agreement or any other 
agreement, certificate, document, or other instrument executed by the 
Member and the Fund pursuant to this Agreement; the coverage of the Fund 
does not apply to punitive or exemplary damages. 

(k) Unless the Fund and the Member otherwise expressly agree in writing, 
coverage by the Fund for a Member under the terms of this Agreement, or 


any other agreement, certificate, document, or other instrument executed by 
the Member and the Fund pursuant to this Agreement, shall expire 
automatically on the last day of September of each calendar year, and no 
liability under this Agreement, or any other agreement, certificate, document, 
or other instrument executed by the Member and the Fund pursuant to this 
Agreement, shall accrue to the Fund beyond such expiration date unless 
such Member renews its coverage. 

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(l) Except as otherwise provided herein, a Member’s coverage may be 
cancelled by the Fund or the Member at any time upon no less than thirty (30) 
days prior written notice by the Board of Trustees or Administrator to the 
Member, or by the Member to the Board of Trustees. The notice shall state 
the date such cancellation shall become effective. 
other matters required or necessary insofar as they affect the matters 
covered pursuant to the terms of this Agreement, or any other agreement, 
certificate, document, or other instrument executed by the Member and the 
Fund pursuant to this Agreement, and the rules and regulations now or 
hereafter promulgated by the Board of Trustees. 

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(q) To make prompt payment of all contributions and penalties as required 
by the Board of Trustees, said contributions or penalties to be determined by 
the Board of Trustees. Any disputes concerning contributions or penalties 
shall be resolved after the payment of said contributions or penalties. 
ACCOUNTING 

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True and complete accounts shall be kept of all transactions and of all assets and 
liabilities of the Trust. The accounts of the Trust shall be audited annually by a firm 
of independent certified public accountants, which shall be selected by the Board of 
Trustees. 
12.2 APPLICABLE LAW. This Agreement shall be governed by and construed in 
accordance with the statutes, rules and regulations of the State of Florida, 
and all questions pertaining to its validity, construction, and administration 
shall be determined in accordance with the laws of the State of Florida. 

12.3 ENFORCEMENT. The Trust and its Members shall have the power to enforce 
this Agreement by action brought in any court of appropriate jurisdiction within 
the State of Florida. 

12.4 SEVERABILITY. If any term or provision of this Agreement, or the application 
of such term or provision to any person or circumstance, shall to any extent 
be invalid or unenforceable, the remainder of this Agreement and the 
application of such term or provision to persons or circumstances other than 
those to which it is held invalid or unenforceable shall not be effected, and 
each term or provision of this Agreement shall be valid and enforceable to the 
full extent permitted by law. 

12.5 CONSTRUCTION. Whenever any words are used in this Agreement in the 
masculine gender, they shall be construed as thought they were also used in 
the feminine or neutral gender in all situations where they would so apply. 
Whenever any words are used in this Agreement in the singular, they shall be 
construed as though they were also used in the plural from in all situations 
where they would so apply. Whenever any words are used in this Agreement 
in the plural form, they shall be construed as they thought were used in the 
singular form in all situations where they would so apply. 

12.6 FISCAL YEAR. The Fund shall operate on a fiscal year from 12:01 a.m., 
October 1, to midnight the last day of September of the succeeding year. 
Application for membership, when approved in writing by the Board of 
Trustees or its designee, shall constitute a continuing contract for each 
succeeding fiscal year unless cancelled by the Board of Trustees or the 
participating Member in the manner herein provided. 

 

 By execution of the attached Participation Agreement or renewal of coverages 
provided by the Fund, and upon acceptance by the Board of Trustees, or their designated 
agent, the Member agrees to be fully bound by the terms and conditions of the Amended 
Interlocal Agreement, effective October 1, 2004, and thereafter. 


AMENDMENT “A” TO THE 
AMENDED INTERLOCAL AGREEMENT 



THE PREFERRED GOVERNMENTAL INSURANCE TRUST 
WHEREAS, Section X of the Amended Interlocal Agreement Creating The Preferred 
Governmental Insurance Trust (alternatively “Preferred”, “Fund” or “Trust”) provides that the 
Interlocal Agreement may be amended by the members of Preferred, and that execution of 
either a Participation Agreement or an Agreement for Renewal of Coverage shall constitute 
written consent to such amendment; and 
WHEREAS , in order to protect the integrity of Preferred, its continued success and provide 
security as to its operation and administration, it is essential that the provisions of the Interlocal 
Agreement, relating to who may serve as a Trustee of Preferred, be fully compliant with 
applicable Florida Statutes; 
NOW, THEREFORE , by execution of a Participation Agreement or Agreement for Renewal of 
Coverage, the Members of Preferred do hereby amend subsection 5.1 of the Amended 
Interlocal Agreement to read as follows: 


 
Effective Date: October 1, 2013 





CREATING 

5.1 NUMBER AND QUALIFICATION OF TRUSTEES. The operation and administration of the 
Trust shall be the joint responsibility of a Board of Trustees consisting of seven (7) Trustees. 
No Trustee may be elected who is, or continue to serve as a Trustee after becoming, an 
owner, officer, or employee of a service provider to the Fund. Upon initial election to the Board 
of Trustees, a Trustee shall be a local elected official of a member of the Trust. No two (2) 
Trustees may be local elected officials from the same governmental entity. Each Trustee shall 
serve for a period of four (4) years, or the balance of such Trustee’s term of office as a local 
elected official. Following a Trustees’ initial term of office, such Trustee may continue to serve 
as a Trustee of Preferred provided: (1) such Trustee holds an office as an elected local official 
(as required by s. 624.4622(1) (d) Florida Statues); and (2) a majority of the Board of Trustees, 
in their sole discretion, determine that it is in the best interest of the Trust that such Trustee 
continue to serve as a Trustee of Preferred, and so elects such Trustee to continue to serve a 
successive term, or terms. Each and every Trustee named, and each successor Trustee, shall 
acknowledge and consent to their election as a Trustee by giving written notice of acceptance 
of such election to the Chairman, or acting Chairman, of the Board of Trustees. 


ADDENDUM 

SUPPLEMENTARY CONDITIONS RELATING TO FEDERAL STANDARDS 

The following supplementary conditions are required to ensure compliance with the standards of the 
Federal Emergency Management Agency (“FEMA”). Unless otherwise stated herein, the terms used 
in this Addendum have the meanings stated in the agreement to which this Addendum is attached. 
As used herein, the term “Contract” means the Agreement identified below together with this 
Addendum. 

Agreement: Yellowstone Landscape, Inc. (“Contractor”) and Rivers Edge Community Development 
District, Rivers Edge II Community Development District and Rivers Edge III Community 
Development District (together, the “Districts”) Landscape & Irrigation Maintenance Services 
Agreement dated October 1, 2022. 

1. REMEDIES 
a. A default by either party under the 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 
actual damages and/or specific performance. 
b. In the event that either party is required to enforce the Contract by court proceedings 
or otherwise, the parties agree that the prevailing party shall be entitled to recover from 
the other all fees and costs incurred, including reasonable attorneys’ fees and costs for 
trial, alternative dispute resolution, or appellate proceedings. 
c. The Districts shall be solely responsible for enforcing each of its rights under the 
Contract against any interfering third party. Nothing contained in the Contract shall 
limit or impair the Districts’ rights to protect such rights from interference by a third 
party. 
d. The Contract and the provisions contained therein shall be construed, interpreted and 
controlled according to the laws of the State of Florida. Each party consents that the 
venue for any litigation arising out of or related to the Contract shall be in St. Johns 
County, Florida. 


2. TERMINATION FOR CAUSE AND CONVENIENCE 


Either party may terminate the Contract by providing thirty (30) days’ written notice of 
termination for convenience. The Districts may terminate this Contract immediately for cause. 
Upon any termination of the Contract, the Contractor shall be entitled to payment for all 
authorized services rendered up until the effective termination of the Contract, subject to 
whatever claims or offsets the Districts may have against the Contractor as the sole means of 
recovery for termination. 

3. COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE 
ORDERS 


The Contractor acknowledges that FEMA financial assistance may be used to fund the 
Contract. The Contractor will comply will all applicable federal law, regulations, executive 
orders, FEMA policies, procedures, and directives. 


4. CHANGES 


All changes, modifications, change orders, or constructive changes must be made in 
accordance with the terms of the Contract. To be eligible for FEMA assistance under a FEMA 
grant or cooperative agreement, the cost of the change, modification, change order, or 
constructive change must be allowable, allocable, within the scope of its grant or cooperative 
agreement, and reasonable for the completion of project scope. Notwithstanding anything to 
the contrary, the Districts will review all proposed changes, modifications, change orders, or 
constructive changes to ensure they meet the aforementioned conditions, and reserves the right 
to reject any proposed change that fails to satisfy the aforementioned conditions. The 
Contractor agrees to provide written documentation in connection with any change prior to 
commencement of the work associated with the change, confirming that: (1) the change is 
within the scope of the Districts’ FEMA funding, (2) the change is reasonable under the 
circumstances, and (3) the Contractor will provide cost documentation of all requested 
changes, including any markup for overhead and profit as a separate element of the price. 

5. EQUAL EMPLOYMENT OPPORTUNITY 


During the performance of this Contract, the Contractor agrees as follows: 

a. The Contractor will not discriminate against any employee or applicant for 
employment because of race, color, religion, sex, sexual orientation, gender 
identity, or national origin. The Contractor will take affirmative action to ensure 
that applicants are employed, and that employees are treated during employment 
without regard to their race, color, religion, sex, sexual orientation, gender identity, 
or national origin. Such action shall include, but not be limited to the following: 




Employment, upgrading, demotion, or transfer; recruitment or recruitment 
advertising; layoff or termination; rates of pay or other forms of 
compensation; and selection for training, including apprenticeship. The 
Contractor agrees to post in conspicuous places, available to employees and 
applicants for employment, notices to be provided setting forth the 
provisions of this nondiscrimination clause. 

b. The Contractor will, in all solicitations or advertisements for employees placed by 
or on behalf of the Contractor, state that all qualified applicants will receive 
considerations for employment without regard to race, color, religion, sex, or 
national origin. 
c. The Contractor will not discharge or in any other manner discriminate against any 
employee or applicant for employment because such employee or applicant has 
inquired about, discussed, or disclosed the compensation of the employee or 
applicant or another employee or applicant. This provision shall not apply to 
instances in which an employee who has access to the compensation information 
of other employees or applicants as a part of such employee's essential job functions 
discloses the compensation of such other employees or applicants to individuals 
who do not otherwise have access to such information, unless such disclosure is in 
response to a formal complaint or charge, in furtherance of an investigation, 





proceeding, hearing, or action, including an investigation conducted by the 
employer, or is consistent with the Contractor's legal duty to furnish information. 
d. The Contractor will send to each labor union or representative of workers with 
which he has a collective bargaining agreement or other contract or understanding, 
a notice to be provided advising the said labor union or workers' representatives of 
the Contractor's commitments under this section, and shall post copies of the notice 
in conspicuous places available to employees and applicants for employment. 
e. The Contractor will comply with all provisions of Executive Order 11246 of 
September 24, 1965, and of the rules, regulations, and relevant orders of the 
Secretary of Labor. 
f. The Contractor will furnish all information and reports required by Executive Order 
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary 
of Labor, or pursuant thereto, and will permit access to his books, records, and 
accounts by the administering agency and the Secretary of Labor for purposes of 
investigation to ascertain compliance with such rules, regulations, and orders. 
g. In the event of the Contractor's noncompliance with the nondiscrimination clauses 
of this contract or with any of the said rules, regulations, or orders, this contract 
may be canceled, terminated, or suspended in whole or in part and the Contractor 
may be declared ineligible for further Government contracts or federally assisted 
construction contracts in accordance with procedures authorized in Executive 
Order 11246 of September 24, 1965, and such other sanctions may be imposed and 
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or 
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by 
law. 
h. The Contractor will include the portion of the sentence immediately preceding 
paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract 
or purchase order unless exempted by rules, regulations, or orders of the Secretary 
of Labor issued pursuant to section 204 of Executive Order 11246 of September 
24, 1965, so that such provisions will be binding upon each subcontractor or 
vendor. The Contractor will take such action with respect to any subcontract or 
purchase order as the administering agency may direct as a means of enforcing such 
provisions, including sanctions for noncompliance: 




Provided, however, that in the event a Contractor becomes involved in, or is 
threatened with, litigation with a subcontractor or vendor as a result of such 
direction by the administering agency, the Contractor may request the United States 
to enter into such litigation to protect the interests of the United States. 

6. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY 
STANDARDS ACT 


Contractors must comply with the following, and include these provisions, in full, into any 
subcontracts: 

a. Overtime requirements. No Contractor or subcontractor contracting for any part of 
the contract work which may require or involve the employment of laborers or 





mechanics shall require or permit any such laborer or mechanic in any workweek 
in which he or she is employed on such work to work in excess of forty hours in 
such workweek unless such laborer or mechanic receives compensation at a rate 
not less than one and one-half times the basic rate of pay for all hours worked in 
excess of forty hours in such workweek. 
b. Violation; liability for unpaid wages; liquidated damages. In the event of any 
violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. § 5.5 the Contractor 
and any subcontractor responsible therefore shall be liable for the unpaid wages. In 
addition, such Contractor and subcontractor shall be liable to the United States (in 
the case of work done under contract for the District of Columbia or a territory, to 
such District or to such territory), for liquidated damages. Such liquidated damages 
shall be computed with respect to each individual laborer or mechanic, including 
watchmen and guards, employed in violation of the clause set forth in paragraph 
(b)(1) of 29 C.F.R. § 5.5, in the sum of $27 for each calendar day on which such 
individual was required or permitted to work in excess of the standard workweek 
of forty hours without payment of the overtime wages required by the clause set 
forth in paragraph (b)(1) of this section. 
c. Withholding for unpaid wages and liquidated damages. The Districts shall upon 
its own action or upon written request of an authorized representative of the 
Department of Labor withhold or cause to be withheld, from any moneys payable 
on account of work performed by the Contractor or subcontractor under any such 
contract or any other federal contract with the same prime contractor, or any other 
federally-assisted contract subject to the Contract Work Hours and Safety 
Standards Act, which is held by the same prime contractor, such sums as may be 
determined to be necessary to satisfy any liabilities of such contractor or 
subcontractor for unpaid wages and liquidated damages as provided in the clause 
set forth in paragraph (b)(2) of 29 C.F.R. § 5.5. 
d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the 
clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. § 5.5 and also a clause 
requiring the subcontractors to include these clauses in any lower tier subcontracts. 
The prime contractor shall be responsible for compliance by any subcontractor or 
lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) 
of 29 C.F.R. § 5.5. 
e. Further Compliance with the Contract Work Hours and Safety Standards Act: 
i. The contractor or subcontractor shall maintain payrolls and basic payroll 
records during the course of the work and shall preserve them for a period 
of three years from the completion of the contract for all laborers and 
mechanics, including guards and watchmen, working on the contract. Such 
records shall contain the name and address of each such employee, social 
security number, correct classifications, hourly rates of wages paid, daily 
and weekly number of hours worked, deductions made, and actual wages 
paid. 
ii. Records to be maintained under this provision shall be made available by 
the contractor or subcontractor for inspection, copying, or transcription by 







authorized representatives of the Department of Homeland Security, the 
Federal Emergency Management Agency, and the Department of Labor, 
and the contractor or subcontractor will permit such representatives to 
interview employees during working hours on the job. 




7. CLEAN AIR ACT 
a. The Contractor agrees to comply with all applicable standards, orders or regulations 
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 
b. The Contractor agrees to report each violation to the Districts and understands and 
agrees that the Districts will, in turn, report each violation as required to assure 
notification to any higher-tier recipient, Federal Emergency Management Agency, 
and the appropriate Environmental Protection Agency Regional Office. 
c. The Contractor agrees to include these requirements in each subcontract exceeding 
$150,000 financed in whole or in part with Federal assistance provided by FEMA. 


8. FEDERAL WATER POLLUTION CONTROL ACT 
a. The Contractor agrees to comply with all applicable standards, orders or regulations 
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 
1251 et seq. 
b. The Contractor agrees to report each violation to the Districts and understands and 
agrees that the Districts will, in turn, report each violation as required to assure 
notification to the Federal Emergency Management Agency and the appropriate 
Environmental Protection Agency Regional Office. 
c. The Contractor agrees to include these requirements in each subcontract exceeding 
$150,000 financed in whole or in part with Federal assistance provided by FEMA. 


9. SUSPENSION AND DEBARMENT 
a. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. 
pt. 3000. As such the Contractor is required to verify that none of the Contractor, 
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 
180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 
C.F.R. § 180.935). 
b. The Contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 
3000, subpart C, and must include a requirement to comply with these regulations 
in any lower tier covered transaction it enters into. 
c. By entering into this Contract, Contractor certifies that neither it, nor its principals, 
nor its affiliates are excluded or disqualified as defined above. Contractor 
additionally certifies that no event has occurred and, to the knowledge of 
Contractor, no condition exists that may reasonably be expected to result in the 
debarment or suspension of Contractor from any contracting with the Government, 
and Contractor nor any subsidiary of Contractor has been subject to any such 
debarment or suspension prior to the date of this Contract. No Government 
investigation or inquiry involving fraud, deception or willful misconduct has been 





commenced in connection with any Government Contract of Contractor or a 
Subsidiary or any activities of Contractor or any subsidiary. This certification is a 
material representation of fact relied upon by the Districts. If it is later determined 
that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. 
Part 3000, subpart C, in addition to remedies available to the Districts, the federal 
government may pursue available remedies, including but not limited to suspension 
and/or debarment. 


10. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED) 


Contractors who apply or bid for an award of $100,000 or more shall certify as to the 
representations in Exhibit A. Each tier certifies to the tier above that it will not and has not 
used Federal appropriated funds to pay any person or organization for influencing or 
attempting to influence an officer or employee of any agency, a member of Congress, 
officer or employee of Congress, or an employee of a member of Congress in connection 
with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 
1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in 
connection with obtaining any Federal award. Such disclosures are forwarded from tier to 
tier, up to the recipient. 

11. PROCUREMENT OF RECOVERED MATERIALS 
a. In the performance of this contract, the Contractor shall make maximum use of 
products containing recovered materials that are EPA-designated items unless the 
product cannot be acquired — (i) Competitively within a timeframe providing for 
compliance with the contract performance schedule; (ii) Meeting contract 
performance requirements; or (iii) At a reasonable price. 
b. Information about this requirement, along with the list of EPA-designated items, is 
available at EPA’s Comprehensive Procurement Guidelines web site, 
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program. 
c. The Contractor also agrees to comply with all other applicable requirements of 
Section 6002 of the Solid Waste Disposal Act. 


12. DOMESTIC PREFERENCE FOR PROCUREMENTS 
a. As appropriate, and to the extent consistent with law, the contractor should, to the 
greatest extent practicable, provide a preference for the purchase, acquisition, or 
use of goods, products, or materials produced in the United States. This includes, 
but is not limited to iron, aluminum, steel, cement, and other manufactured 
products. 
b. For purposes of this clause: 
i. Produced in the United States means, for iron and steel products, that all 
manufacturing processes, from the initial melting stage through the 
application of coatings, occurred in the United States. 
ii. Manufactured products mean items and construction materials composed in 
whole or in part of non-ferrous metals such as aluminum; plastics and 







polymer-based products such as polyvinyl chloride pipe; aggregates such as 
concrete; glass, including optical fiber; and lumber. 




13. ACCESS TO RECORDS 


The following access to records requirements apply to this Contract: 

a. The Contractor agrees to provide the Districts, the FEMA Administrator, the 
Comptroller General of the United States, or any of their authorized representatives 
access to any books, documents, papers, and records of the Contractor which are 
directly pertinent to this contract for the purposes of making audits, examinations, 
excerpts, and transcriptions. 
b. The Contractor agrees to permit any of the foregoing parties to reproduce by any 
means whatsoever or to copy excerpts and transcriptions as reasonably needed. 
c. The Contractor agrees to provide the FEMA Administrator or his authorized 
representatives access to construction or other work sites pertaining to the work 
being completed under the contract. 
d. In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the 
Districts and the Contractor acknowledge and agree that no language in this 
contract is intended to prohibit audits or internal reviews by the FEMA 
Administrator or the Comptroller General of the United States. 
e. Additionally, all documents of any kind provided to the Districts in connection with 
the Contract may additionally be considered public records in accordance with 
Chapter 119, Florida Statutes, and other Florida law, as more fully described in the 
Contract. The Contractor agrees to comply with such laws and cooperate in 
retaining such records for the applicable time periods. 


14. DHS SEAL, LOGO, AND FLAGS 


The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or 
likenesses of DHS agency officials without specific FEMA preapproval. The Contractor shall 
include this provision in any subcontracts. 

15. NO OBLIGATION BY FEDERAL GOVERNMENT 


The Federal Government is not a party to this contract and is not subject to any obligations or 
liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter 
resulting from the Contract. 

16. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED 
ACTS 


The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False 
Claims and Statements) applies to the Contractor’s actions pertaining to this Contract. 

17. MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR 
SURPLUS AREA FIRMS 



In procuring any necessary subcontracts, the Contractor must take all necessary affirmative 
steps to assure that minority businesses, women’s business enterprises, and labor surplus area 
firms are used when possible. As specified in 2 C.F.R. § 200.321(b), affirmative steps must 
include: 

a. Placing qualified small and minority businesses and women's business enterprises 
on solicitation lists; 
b. Assuring that small and minority businesses, and women's business enterprises are 
solicited whenever they are potential sources; 
c. Dividing total requirements, when economically feasible, into smaller tasks or 
quantities to permit maximum participation by small and minority businesses, and 
women's business enterprises; 
d. Establishing delivery schedules, where the requirement permits, which encourage 
participation by small and minority businesses, and women's business enterprises; 
and 
e. Using the services and assistance, as appropriate, of such organizations as the Small 
Business Administration and the Minority Business Development Agency of the 
Department of Commerce. 


18. LICENSE AND DELIVERY OF WORKS SUBJECT TO COPYRIGHT AND DATA 
RIGHTS 


The Contractor grants to the Districts a paid-up, royalty-free, nonexclusive, irrevocable, 
worldwide license in data first produced in the performance of this contract to reproduce, 
publish, or otherwise use, including prepare derivative works, distribute copies to the public, 
and perform publicly and display publicly such data. For data required by the contract but not 
first produced in the performance of this contract, the Contractor will identify such data and 
grant to the Districts or acquires on its behalf a license of the same scope as for data first 
produced in the performance of this contract. Data, as used herein, shall include any work 
subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, 
software and/or source code, music, choreography, pictures or images, graphics, sculptures, 
videos, motion pictures or other audiovisual works, sound and/or video recordings, and 
architectural works. Upon or before the completion of this contract, the Contractor will deliver 
to the Districts’ data first produced in the performance of this contract and data required by the 
contract but not first produced in the performance of this Contract in formats acceptable by the 
Districts. 

19. BONDS 
a. To the extent this Contract is a contract or subcontract for construction or facility 
improvement exceeding $250,000, Contractor shall provide a payment bond and a 
performance bond for 100% of the Contract price. 
b. Such payment and performance bonds shall be on a form acceptable to the Districts. 




[Signatures on following page] 


Chairman 

9/12/2023 8/29/2023 
Business Developement Manager 
8/29/2023 


8/29/2023 
Chairman Chairman 


In witness whereof, the parties hereto have executed this Addendum on the date indicated 
below. 

 

YELLOWSTONE LANDSCAPE, 
INC. 

 

RIVERS EDGE COMMUNITY 
DEVELOPMENT DISTRICT 

 

Signature 

 

Title 

 

Date 

 

 

Signature 

 

Title 

 

Date 

 

RIVERS EDGE II COMMUNITY 
DEVELOPMENT DISTRICT 

 

RIVERS EDGE III COMMUNITY 
DEVELOPMENT DISTRICT 

 

Signature 

 

Title 

 

Date 

 

Signature 

 

Title 

 

Date 



 


EXHIBIT A 

CERTIFICATION REGARDING LOBBYING 

By signing below, the undersigned certifies, to the best of his or her knowledge, that: 

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of 
the undersigned, to any person for influencing or attempting to influence an officer 
or employee of an agency, a Member of Congress, an officer or employee of 
Congress, or an employee of a Member of Congress in connection with the 
awarding of any Federal contract, the making of any Federal grant, the making of 
any Federal loan, the entering into of any cooperative agreement, and the extension, 
continuation, renewal, amendment, or modification of any Federal contract, grant, 
loan, or cooperative agreement. 
b. If any funds other than Federal appropriated funds have been paid or will be paid 
to any person for influencing or attempting to influence an officer or employee of 
any agency, a Member of Congress, an officer or employee of Congress, or an 
employee of a Member of Congress in connection with this Federal contract, grant, 
loan, or Current as of 1-9-17 11 cooperative agreement, the undersigned shall 
complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” 
in accordance with its instructions. 
c. The undersigned shall require that the language of this certification be included in 
the award documents for all subawards at all tiers (including subcontracts, 
subgrants, and contracts under grants, loans, and cooperative agreements) and that 
all subrecipients shall certify and disclose accordingly. 


This certification is a material representation of fact upon which reliance was placed when 
this transaction was made or entered into. Submission of this certification is a prerequisite 
for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by 
the Lobbying Disclosure Act of 1995). Any person who fails to file the required 
certification shall be subject to a civil penalty of not less than $10,000 and not more than 
$100,000 for each such failure. By signing below, the Contractor certifies or affirms the 
truthfulness of each statement in the above certification and disclosure. In addition, the 
Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to 
this certification and disclosure, if any. 

 

_____________________________________________ 

Signature of Contractor’s Authorized Official 

 

_____________________________________________ 

Name and Title of Contractor’s Authorized Official 

 

_____________________________________________ 

Date 

 


EXHIBIT B 

PROPOSAL 

 

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RECDD’s Pond Service Proposal Breakout 

 

Date of report: 9/20/2023 Submitted by: Jason Davidson & Kevin McKendree 

 

 

In the August CDD meeti g it was asked that staff acquire pricing speci􀀁 c to Pond Services for the Community. 
Below you will 􀀁 nd a quick snip of information provided. In your packet you will 􀀁 nd quotes from vendors 
specific to your request. Please note that we are currently engaged in a temporary service agreement with two 
separate companies. RECDD I is being managed by Aquagenix and RECDD II and RECDD III are being managed 
by J&J Aquatic . 

 

Proposed Fee’s and Services Quick Reference per Vendor 

 

Vendor: Solitude 

• Visits/Inspections 
o Twice per month minimum 



• Treatments 
o One time per month 



• Fee’s 
o Monthly Investment: $7,418 
▪ RECDD I - $4,654 
▪ RECDD II - $1,718 
▪ RECDD III - $1,046 



o Annual Investment: $89,016 
▪ RECDD I - $55,848 
▪ RECDD II - $20,616 
▪ RECDD III - $12,552 



o Notable 
▪ Special Pricing of $7,242 per month ($84,904/year) is availible if all three CDDs engge 
Solitude Services at the same ti e. AddiĀonally, visit frequency will be eight ti es per 
month or approximatly twice per week. All inclusive a savings of $4,112 annually. 








Vendor: Aquagenix 

• Fee’s are based on number of monthly services and are as follows 
o 12/Year Treatments Monthly Investment: $9,259.09 
▪ RECDD I - $5,676.00 
▪ RECDD II - $1,706.92 
▪ RECDD III - $1,876.17 



o 12/Year Treatments Annual Investment: $111,109.08 
▪ RECDD I - $68,112 
▪ RECDD II - $20,483.04 









▪ RECDD III - $22,514.04 



o 18/Year Treatments Monthly Investment: $12,731.25 
▪ RECDD I - $7,804.50 
▪ RECDD II - $2,347.02 
▪ RECDD III - $2,579.73 



o 18/Year Treatments Annual Investment: $152,775.00 
▪ RECDD I - $93,654 
▪ RECDD II - $28,164.24 
▪ RECDD III - $30,956.76 



o 24/Year Treatments Monthly Investment: $16,263.42 
▪ RECDD I - $9,933 
▪ RECDD II - $2,987.12 
▪ RECDD III - $3,283.30 



o 24/Year Treatments Annual Investment: $194,441.04 
▪ RECDD I - $119,196 
▪ RECDD II - $35,845.44 
▪ RECDD III - $39,399.60 



o Notable - N/A 





 

 

 

 

Vendor: Florida Waterways 

• Visits/Inspections 
o RECDD I - 12/monthly per year 
o RECDD II - 12/monthly per year 
o RECDD III - 12/monthly per year 



• Treatments 
o RECDD I - 12/monthly per year 
o RECDD II - 24/monthly per year 
o RECDD III - 12/monthly per year 



• Fee’s 
o Monthly Investment: $7,385 
▪ RECDD I - $4,470 
▪ RECDD II - $1,915 
▪ RECDD III - $1,000 



o Annual Investment: $88,620 
▪ RECDD I - $53,640 
▪ RECDD II - $22,980 
▪ RECDD III - $12,000 



o Notable 
▪ As per the contract Florida Waterways 100% Control Guarantee (Free Callback Services 
and AddiĀonal Treatments, if required) 








 

Vendor: J&J Aquatics 


• Visits/Inspections 
o 20 scheduled visits per year (1 each in November, December, January, and February and 2 each of the 
remaining months). Additional visits are free of charge if deemed needed. 



• Treatments 
o Twice Per month Treatments 



• Fee’s 
o Monthly Investment: $7,030.12 
▪ RECDD I - $3,946.97 
▪ RECDD II - $1,989.63 
▪ RECDD III - $1,093.52 



o Annual Investment: $84,361.44 
▪ RECDD I - $47,363.64 
▪ RECDD II - $23,875.56 
▪ RECDD III - $13,122.24 



o Notable 
▪ THIS DOES INCUDE TWICE A MONTH TREATMENT WITH ANY EXTRA TREATMENTS 
AT NO CHARGE AND TRASH PICK UP ON THE WATER AND AROUND THE WATERS 
EDGE AND ONCE A MONTH MIDGE/MOSQUITOSPRAYING ON 5 PONDS (OF 
CLIENTS CHOICE), MARCH-SEPTEMBER. 








Vendor: Lake Doctors 

• Visits/Inspections 
o 12/monthly per year 



• Treatments 
o 12/monthly per year Fee’s 
o Monthly Investment: $7,700 
o Annual Investment: $92,400 
o Notable 
▪ The price included is for all three 3 CDD’s 








 

 

 


 

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Welcome to the DeAngelo Contracting Services Family. Let’s take an opportunity to tell you about DCS and what we offer. The 
programs DCS has designed for your waterways has one goal: To promote an environmentally balanced aquatic ecosystem, using 
cost effective methods that results in well maintain water quality, clarity, and provides our customers with an environmental and 
recreational asset. 

 

Benefits of DeAngelo Contracting Services Programs are: 

* Management of aquatic littoral and other native planting and sanctuary areas, which aids in the management of nutrient 
loading of the water body and creates native areas for wildlife. 

* Management of algae and undesirable water weeds along the shoreline, floating on the surface or submersed under the 
water. 

* Management of border grass and weeds from the toe of the bank to the water’s edge. 

* Water analysis for Dissolved Oxygen (DO), pH and Temperature when we treat. 

* Post Treatment Reports providing details of work we performed. 

 

Additional service available from DCS: 

* Wetland planting, restoration, and maintenance 

* Installation of Decorative Fountains and Aeration Systems 

* Servicing Fountain and Aeration Systems 

* Blue Dye / Water Clarity Treatment 

* Turbidity Curtains and Weed Barriers 

* Waterway and Wetland Consulting 

* The creation of littoral and other native planting and sanctuary areas 

* Permit processing for stocking of Triploid Grass Carp 

* Stocking of Game fish and Triploid Grass Carp 

* Comprehensive water testing 

 

Advantages of doing business with DeAngelo Contracting Services: 

* Ten million dollars of insurance coverage, with pollution coverage, to protect you and your organization. 

* Quick response to customer calls. 

* Boats, skiffs, and four-wheel drive maintenance vehicles with appropriate systems to complete the job. 

* Where required, monthly management service reports for use in meetings and submission to government agencies. 

* Educational presentations to interested groups. 

* Our field crews are in uniforms with our company name embroidered identification. 

* Our trucks, boats and spray vehicles are clearly identified with our name, seal, and telephone numbers. 

 

The following is an agreement covering the services DCS will complete for the various bodies of water on your property, a copy of all 
necessary documents as required and an information sheet detailing your waterways DCS will be treating. If, at any time, you are not 
fully satisfied with our service there is a cancellation clause included in the agreement. 

 

Please sign the below agreement and return this to our office for immediate scheduling of service. We look forward to the 
opportunity of serving you. 

 

Respectfully yours, 

 

The team at DeAngelo Contracting Services, Jacksonville 

 


 

 

A picture containing text, clipart
Description automatically generated 


 

DCS AQUATIC MANAGEMENT PLUS AGREEMENT 

This agreement dated 9/8/2023 is made between DeAngelo Contracting Services and RiverTown, a Rivers Edge 
Community Development District as described as follows: 

 

RIVERTOWN, A RIVERS EDGE COMMUNITY DEVELOPMENT DISTRICT 

160 RiverGlade Run 

St. Johns, FL 32259 

Contact: Jason Davidson – General Manager jdavidson@vestapropertyservices.com 

 

CDD 1 12 Treatments/Year 

 

1. Site Locations: 


DCS will provide aquatic management services on behalf of RiverTown in accordance with the terms and 
conditions of this Agreement at the following aquatic site(s): 40 ponds Total acres: 110 

 

 

2. Contract Services: RiverTown agrees to pay DCS the following amounts during the term of this Agreement for 
these specific water management services: 


➢ Treatment to a manageable level of aquatic grasses and broadleaf weeds around the perimeter of waterways 

➢ Algae treatment 

➢ Treatment to a manageable level of floating aquatic vegetation 

➢ Water testing (as needed) for Dissolved Oxygen, Temperature, and pH 

 ➢ Abide by Florida BMPs for aquatic vegetation treatment and management 

➢ If unforeseen submersed vegetation growth occurs the owner agrees to create a work order to cover additional 
herbicides. 


 

 

Annual Program Investment $68,112.00 That will be invoiced monthly at $5,676.00 

 

We will perform 12 monthly waterway services each year. Treatments will follow Florida Best Management Practices. 

 

 January 1 February 1 March 1 April 1 May 1 June 1 July 1 August 1 September 1 

October 1 November 1 December 1 

 

 

 

 

 

 


 

 

 

Contract terms: 

The term of this Agreement shall be for a term of 1 year (the “Term”) and service shall be continuous without 
interruption unless this Agreement is terminated as provided for below. Contract addendum(s) may alter or change 
these terms and conditions. 

3. Automatic Renewal: 


At the end of the Term or any renewal thereof, this Agreement shall automatically renew for a term equal to its 
original Term and shall include a 4% increase in the monthly rate, unless a timely "Notice of Cancellation" has been 
received by DeAngelo Contracting Services as outlined in Paragraph 11. 

4. Safety: 


DCS agrees to furnish for use in inspecting and treating agreed to bodies of water all appropriate equipment and 
products, which in its sole discretion will provide safe and effective results for the specific site(s) following Florida 
law, rules, regulations and BMP -Best Management Practices for aquatics. 

5. Insurance: 


DCS agrees to maintain the following insurance coverage: Worker's Compensation, General Liability, Automobile 
Liability, Property and Casualty, Excess Liability and Business Interruption Coverage. Upon written request, 
CUSTOMER may be listed as an "Additional Insured" at no extra charge. A Certificate of Insurance will be provided at 
the CUSTOMER's request. 

6. Address Change: 


If DCS or CUSTOMER undergoes a change in address, notification to the other party shall be made by email, or firstclass 
mail. Written instructions including the new address and telephone number will be enclosed in the notification. 

7. Management Change: 


If the CUSTOMER undergoes a change of management or personnel in governing and administering of the 
CUSTOMER, this Agreement will remain in place unless and until terminated in accordance with Paragraph 11. It is 
the responsibility of the CUSTOMER to notify DCS of any management or personnel change by email or first-class 
mail. Customer is responsible for all invoices and past due amounts plus interest shall any invoice become past due 
because of said management changes. 

8. Schedule of Payment and Penalties for past due invoices: 


CUSTOMER will be invoiced monthly and agrees to pay DCS within thirty (30) days after date of invoice at DCS's 
home office at 527 South Church St, Hazleton, PA, 18201. Failure to pay the invoiced amount when due shall 
constitute a default under this Agreement and may result in a suspension of services until invoices are paid in full. 

9. Default: 


If CUSTOMER defaults on any provision of this Agreement, CUSTOMER hereby agrees that DeAngelo Contracting 
Services may, at its sole discretion, seek any or all the following remedies: a. Termination of this Agreement. In this 
event, CUSTOMER agrees to make immediate payment of the total contract amount through the end of its term 
(less previously paid payments) as liquidated and agreed upon damage. b. Filing of a mechanics lien on property for 
all monies due plus interest, DCS costs and attorney’s fees incurred by DCS. 

10. Termination Procedure: 


This Agreement may be terminated by either party with thirty (30) days written notice. Notification must be sent by 
certified mail, return receipt requested, to DCS, 527 South Church St., Hazleton, PA 18201. DeAngelo Contracting 
Services reserves the right, under special circumstances, to initiate surcharges relating to extraordinary price 
increases of water treatment products. a. "Date of Termination" will be defined as: one (1) month after the last day 
of the month in which "Notice of Cancellation" was received by DCS in accordance with paragraphs 11. b. If your 
account is not settled in full at the same time as your cancellation letter is received, DCS will continue to bill you 
until the contract expires. Settlement in full includes payment for one month’s service after the end of the month in 
which the cancellation letter is received by DeAngelo Contracting Services. c. Payment in full shall be defined as 
payment to DCS through the effective "Date of Termination" as determined by the procedure outlined above in 
Paragraphs 11. 

12. OTHER ITEMS: - 


a. Water testing necessary for gathering specific and additional information for the purposes of 
determining any additional Aquatic Algae and Vegetation Control Treatment programs for a water body 
or bodies of the CUSTOMERS will require a signed Special Service Agreement (SSA) detailing the details 
of the testing and associated cost before testing begins and will be invoiced separately, 

b. Work or other expenses related to request(s) by CUSTOMER for services that are not specified in this 
contract will require a signed Special Service Agreement (SSA) detailing the requested additional 
services and associated costs before work may begin. This SSA will be invoiced separately upon 
completion of the work detailed in the SSA. 

c. The CUSTOMER is responsible for notifying DCS in advance of the signing of this contract if they utilize 
any of the water in their bodies of water for irrigation purposes. DCS may, when necessary, use products 
that have irrigation restrictions that is appropriate or necessary for aquatic vegetation control and 
management. DCS, will notify CUSTOMER in writing of any irrigation restrictions related to the use of the 
product(s). CUSTOMER agrees to follow the restrictions in its entirety and shall hold DeAngelo 
Contracting Services harmless related to any damages as a result of irrigating prior to expiration of 
irrigation restrictions. 

d. A sudden appearance of dead fish in a lake or pond causes considerable concern and alarm for most 
people. Most fish kill results from natural events, although people can influence their frequency and 
severity. Fish kills usually result from too little oxygen in the water. While some result from spills or 
illegal discharges of toxic substances, most kills occur when oxygen dissolved in the water drops to levels 
insufficient for fish survival. For a dissolved oxygen or DO-related fish kill to occur, a combination of 
environmental conditions transpires simultaneously. Weather patterns, water temperature, depth and 
quality, amount and type of plant growth, fish community structure, along with the presence of viruses 
and bacteria are all factors that are necessary to trigger a fish kill. Lakes, ponds, and canals located in 
residential areas are particularly vulnerable to DO related fish kills. Developed areas create runoff that 
contain high amounts of nutrients. In addition, street and yard drainage that enters waterbodies can 
cause water quality problems. High levels of nutrients from fertilizers applied to lawns, golf courses and 
farms cause aquatic plants to thrive. Ponds with high nutrient levels produce dense growths of 
microscopic plants called algae. When sunlight is available, algae use nutrients and produce oxygen 
through the process of photosynthesis. Most oxygen available to fish comes from algae. During 
nighttime and cloudy weather, low sunlight causes algae to switch from photosynthesis to respiration, 
consuming oxygen needed by fish. During severe events, fish can suffocate from low DO. Most 
frequently, however, fish become stressed during a low DO period and become susceptible to viral or 
bacterial infections. Most times, fish can tolerate temporary lags in DO levels. Fish kills occur when 
several contributory factors occur simultaneously such as prolonged cloudy weather, drought 
conditions, overcrowded fish populations, excessive algae or other plant growths and high-water 
temperatures. Rarely is there a direct fish kill as a result of products used for treatment when applied at 
the specified label rates and use. The CUSTOMER agrees to hold DeAngelo Contracting Services harmless 
for any issues with fish or other aquatic life which occur as described above, unless there is willful 
negligence on the part of DeAngelo Contracting Services. 

 

13. Contract Documents: 

This Agreement constitutes the entire Agreement of DeAngelo Contracting Services and the CUSTOMER. If any 
portion of this Agreement shall be held invalid or unenforceable, the remaining portions of this Agreement shall be 
binding upon both parties. No oral or written modification of the terms contained herein shall be valid unless made 
in writing and accepted by an authorized agent of both DCS and CUSTOMER. 

 

 

 

 

 

 

 


 

 

 

 

 

________________________________ ________________________________ 

DeAngelo Contracting Services CUSTOMER 

 

________________________________ ________________________________ 

PRINT NAME PRINT NAME 

 

________________________________ ________________________________ 

DATE DATE 

 

The offer contained in this Agreement is valid for sixty (60) days only and must be returned to our office for acceptance within 
that period. If not accepted within that time, the offer shall be void. 


 

A picture containing text, clipart
Description automatically generated 


 

Welcome to the DeAngelo Contracting Services Family. Let’s take an opportunity to tell you about DCS and what we offer. The 
programs DCS has designed for your waterways has one goal: To promote an environmentally balanced aquatic ecosystem, using 
cost effective methods that results in well maintain water quality, clarity, and provides our customers with an environmental and 
recreational asset. 

 

Benefits of DeAngelo Contracting Services Programs are: 

* Management of aquatic littoral and other native planting and sanctuary areas, which aids in the management of nutrient 
loading of the water body and creates native areas for wildlife. 

* Management of algae and undesirable water weeds along the shoreline, floating on the surface or submersed under the 
water. 

* Management of border grass and weeds from the toe of the bank to the water’s edge. 

* Water analysis for Dissolved Oxygen (DO), pH and Temperature when we treat. 

* Post Treatment Reports providing details of work we performed. 

 

Additional service available from DCS: 

* Wetland planting, restoration, and maintenance 

* Installation of Decorative Fountains and Aeration Systems 

* Servicing Fountain and Aeration Systems 

* Blue Dye / Water Clarity Treatment 

* Turbidity Curtains and Weed Barriers 

* Waterway and Wetland Consulting 

* The creation of littoral and other native planting and sanctuary areas 

* Permit processing for stocking of Triploid Grass Carp 

* Stocking of Game fish and Triploid Grass Carp 

* Comprehensive water testing 

 

Advantages of doing business with DeAngelo Contracting Services: 

* Ten million dollars of insurance coverage, with pollution coverage, to protect you and your organization. 

* Quick response to customer calls. 

* Boats, skiffs, and four-wheel drive maintenance vehicles with appropriate systems to complete the job. 

* Where required, monthly management service reports for use in meetings and submission to government agencies. 

* Educational presentations to interested groups. 

* Our field crews are in uniforms with our company name embroidered identification. 

* Our trucks, boats and spray vehicles are clearly identified with our name, seal, and telephone numbers. 

 

The following is an agreement covering the services DCS will complete for the various bodies of water on your property, a copy of all 
necessary documents as required and an information sheet detailing your waterways DCS will be treating. If, at any time, you are not 
fully satisfied with our service there is a cancellation clause included in the agreement. 

 

Please sign the below agreement and return this to our office for immediate scheduling of service. We look forward to the 
opportunity of serving you. 

 

Respectfully yours, 

 

The team at DeAngelo Contracting Services, Jacksonville 

 


 

 

A picture containing text, clipart
Description automatically generated 


 

DCS AQUATIC MANAGEMENT PLUS AGREEMENT 

This agreement dated 9/8/2023 is made between DeAngelo Contracting Services and RiverTown, a Rivers Edge 
Community Development District as described as follows: 

 

RIVERTOWN, A RIVERS EDGE COMMUNITY DEVELOPMENT DISTRICT 

160 RiverGlade Run 

St. Johns, FL 32259 

Contact: Jason Davidson – General Manager jdavidson@vestapropertyservices.com 

 

CDD 1 18 Treatments/Year 

 

1. Site Locations: 


DCS will provide aquatic management services on behalf of RiverTown in accordance with the terms and 
conditions of this Agreement at the following aquatic site(s): 40 ponds Total acres: 110 

 

 

2. Contract Services: RiverTown agrees to pay DCS the following amounts during the term of this Agreement for 
these specific water management services: 


➢ Treatment to a manageable level of aquatic grasses and broadleaf weeds around the perimeter of waterways 

➢ Algae treatment 

➢ Treatment to a manageable level of floating aquatic vegetation 

➢ Water testing (as needed) for Dissolved Oxygen, Temperature, and pH 

 ➢ Abide by Florida BMPs for aquatic vegetation treatment and management 

➢ If unforeseen submersed vegetation growth occurs the owner agrees to create a work order to cover additional 
herbicides. 


 

 

Annual Program Investment $93,654.00 That will be invoiced monthly at $7,804.50 

 

We will perform 18 monthly waterway services each year. Treatments will follow Florida Best Management Practices. 

 

 January 1 February 1 March 1 April 1 May 2 June 2 July 2 August 2 September 2 

October 2 November 1 December 1 

 

 

 

 

 

 


 

 

 

Contract terms: 

The term of this Agreement shall be for a term of 1 year (the “Term”) and service shall be continuous without 
interruption unless this Agreement is terminated as provided for below. Contract addendum(s) may alter or change 
these terms and conditions. 

3. Automatic Renewal: 


At the end of the Term or any renewal thereof, this Agreement shall automatically renew for a term equal to its 
original Term and shall include a 4% increase in the monthly rate, unless a timely "Notice of Cancellation" has been 
received by DeAngelo Contracting Services as outlined in Paragraph 11. 

4. Safety: 


DCS agrees to furnish for use in inspecting and treating agreed to bodies of water all appropriate equipment and 
products, which in its sole discretion will provide safe and effective results for the specific site(s) following Florida 
law, rules, regulations and BMP -Best Management Practices for aquatics. 

5. Insurance: 


DCS agrees to maintain the following insurance coverage: Worker's Compensation, General Liability, Automobile 
Liability, Property and Casualty, Excess Liability and Business Interruption Coverage. Upon written request, 
CUSTOMER may be listed as an "Additional Insured" at no extra charge. A Certificate of Insurance will be provided at 
the CUSTOMER's request. 

6. Address Change: 


If DCS or CUSTOMER undergoes a change in address, notification to the other party shall be made by email, or firstclass 
mail. Written instructions including the new address and telephone number will be enclosed in the notification. 

7. Management Change: 


If the CUSTOMER undergoes a change of management or personnel in governing and administering of the 
CUSTOMER, this Agreement will remain in place unless and until terminated in accordance with Paragraph 11. It is 
the responsibility of the CUSTOMER to notify DCS of any management or personnel change by email or first-class 
mail. Customer is responsible for all invoices and past due amounts plus interest shall any invoice become past due 
because of said management changes. 

8. Schedule of Payment and Penalties for past due invoices: 


CUSTOMER will be invoiced monthly and agrees to pay DCS within thirty (30) days after date of invoice at DCS's 
home office at 527 South Church St, Hazleton, PA, 18201. Failure to pay the invoiced amount when due shall 
constitute a default under this Agreement and may result in a suspension of services until invoices are paid in full. 

9. Default: 


If CUSTOMER defaults on any provision of this Agreement, CUSTOMER hereby agrees that DeAngelo Contracting 
Services may, at its sole discretion, seek any or all the following remedies: a. Termination of this Agreement. In this 
event, CUSTOMER agrees to make immediate payment of the total contract amount through the end of its term 
(less previously paid payments) as liquidated and agreed upon damage. b. Filing of a mechanics lien on property for 
all monies due plus interest, DCS costs and attorney’s fees incurred by DCS. 

10. Termination Procedure: 


This Agreement may be terminated by either party with thirty (30) days written notice. Notification must be sent by 
certified mail, return receipt requested, to DCS, 527 South Church St., Hazleton, PA 18201. DeAngelo Contracting 
Services reserves the right, under special circumstances, to initiate surcharges relating to extraordinary price 
increases of water treatment products. a. "Date of Termination" will be defined as: one (1) month after the last day 
of the month in which "Notice of Cancellation" was received by DCS in accordance with paragraphs 11. b. If your 
account is not settled in full at the same time as your cancellation letter is received, DCS will continue to bill you 
until the contract expires. Settlement in full includes payment for one month’s service after the end of the month in 
which the cancellation letter is received by DeAngelo Contracting Services. c. Payment in full shall be defined as 
payment to DCS through the effective "Date of Termination" as determined by the procedure outlined above in 
Paragraphs 11. 

12. OTHER ITEMS: - 


a. Water testing necessary for gathering specific and additional information for the purposes of 
determining any additional Aquatic Algae and Vegetation Control Treatment programs for a water body 
or bodies of the CUSTOMERS will require a signed Special Service Agreement (SSA) detailing the details 
of the testing and associated cost before testing begins and will be invoiced separately, 

b. Work or other expenses related to request(s) by CUSTOMER for services that are not specified in this 
contract will require a signed Special Service Agreement (SSA) detailing the requested additional 
services and associated costs before work may begin. This SSA will be invoiced separately upon 
completion of the work detailed in the SSA. 

c. The CUSTOMER is responsible for notifying DCS in advance of the signing of this contract if they utilize 
any of the water in their bodies of water for irrigation purposes. DCS may, when necessary, use products 
that have irrigation restrictions that is appropriate or necessary for aquatic vegetation control and 
management. DCS, will notify CUSTOMER in writing of any irrigation restrictions related to the use of the 
product(s). CUSTOMER agrees to follow the restrictions in its entirety and shall hold DeAngelo 
Contracting Services harmless related to any damages as a result of irrigating prior to expiration of 
irrigation restrictions. 

d. A sudden appearance of dead fish in a lake or pond causes considerable concern and alarm for most 
people. Most fish kill results from natural events, although people can influence their frequency and 
severity. Fish kills usually result from too little oxygen in the water. While some result from spills or 
illegal discharges of toxic substances, most kills occur when oxygen dissolved in the water drops to levels 
insufficient for fish survival. For a dissolved oxygen or DO-related fish kill to occur, a combination of 
environmental conditions transpires simultaneously. Weather patterns, water temperature, depth and 
quality, amount and type of plant growth, fish community structure, along with the presence of viruses 
and bacteria are all factors that are necessary to trigger a fish kill. Lakes, ponds, and canals located in 
residential areas are particularly vulnerable to DO related fish kills. Developed areas create runoff that 
contain high amounts of nutrients. In addition, street and yard drainage that enters waterbodies can 
cause water quality problems. High levels of nutrients from fertilizers applied to lawns, golf courses and 
farms cause aquatic plants to thrive. Ponds with high nutrient levels produce dense growths of 
microscopic plants called algae. When sunlight is available, algae use nutrients and produce oxygen 
through the process of photosynthesis. Most oxygen available to fish comes from algae. During 
nighttime and cloudy weather, low sunlight causes algae to switch from photosynthesis to respiration, 
consuming oxygen needed by fish. During severe events, fish can suffocate from low DO. Most 
frequently, however, fish become stressed during a low DO period and become susceptible to viral or 
bacterial infections. Most times, fish can tolerate temporary lags in DO levels. Fish kills occur when 
several contributory factors occur simultaneously such as prolonged cloudy weather, drought 
conditions, overcrowded fish populations, excessive algae or other plant growths and high-water 
temperatures. Rarely is there a direct fish kill as a result of products used for treatment when applied at 
the specified label rates and use. The CUSTOMER agrees to hold DeAngelo Contracting Services harmless 
for any issues with fish or other aquatic life which occur as described above, unless there is willful 
negligence on the part of DeAngelo Contracting Services. 

 

13. Contract Documents: 

This Agreement constitutes the entire Agreement of DeAngelo Contracting Services and the CUSTOMER. If any 
portion of this Agreement shall be held invalid or unenforceable, the remaining portions of this Agreement shall be 
binding upon both parties. No oral or written modification of the terms contained herein shall be valid unless made 
in writing and accepted by an authorized agent of both DCS and CUSTOMER. 

 

 

 

 

 

 

 


 

 

 

 

 

________________________________ ________________________________ 

DeAngelo Contracting Services CUSTOMER 

 

________________________________ ________________________________ 

PRINT NAME PRINT NAME 

 

________________________________ ________________________________ 

DATE DATE 

 

The offer contained in this Agreement is valid for sixty (60) days only and must be returned to our office for acceptance within 
that period. If not accepted within that time, the offer shall be void. 


 

A picture containing text, clipart
Description automatically generated 


 

Welcome to the DeAngelo Contracting Services Family. Let’s take an opportunity to tell you about DCS and what we offer. The 
programs DCS has designed for your waterways has one goal: To promote an environmentally balanced aquatic ecosystem, using 
cost effective methods that results in well maintain water quality, clarity, and provides our customers with an environmental and 
recreational asset. 

 

Benefits of DeAngelo Contracting Services Programs are: 

* Management of aquatic littoral and other native planting and sanctuary areas, which aids in the management of nutrient 
loading of the water body and creates native areas for wildlife. 

* Management of algae and undesirable water weeds along the shoreline, floating on the surface or submersed under the 
water. 

* Management of border grass and weeds from the toe of the bank to the water’s edge. 

* Water analysis for Dissolved Oxygen (DO), pH and Temperature when we treat. 

* Post Treatment Reports providing details of work we performed. 

 

Additional service available from DCS: 

* Wetland planting, restoration, and maintenance 

* Installation of Decorative Fountains and Aeration Systems 

* Servicing Fountain and Aeration Systems 

* Blue Dye / Water Clarity Treatment 

* Turbidity Curtains and Weed Barriers 

* Waterway and Wetland Consulting 

* The creation of littoral and other native planting and sanctuary areas 

* Permit processing for stocking of Triploid Grass Carp 

* Stocking of Game fish and Triploid Grass Carp 

* Comprehensive water testing 

 

Advantages of doing business with DeAngelo Contracting Services: 

* Ten million dollars of insurance coverage, with pollution coverage, to protect you and your organization. 

* Quick response to customer calls. 

* Boats, skiffs, and four-wheel drive maintenance vehicles with appropriate systems to complete the job. 

* Where required, monthly management service reports for use in meetings and submission to government agencies. 

* Educational presentations to interested groups. 

* Our field crews are in uniforms with our company name embroidered identification. 

* Our trucks, boats and spray vehicles are clearly identified with our name, seal, and telephone numbers. 

 

The following is an agreement covering the services DCS will complete for the various bodies of water on your property, a copy of all 
necessary documents as required and an information sheet detailing your waterways DCS will be treating. If, at any time, you are not 
fully satisfied with our service there is a cancellation clause included in the agreement. 

 

Please sign the below agreement and return this to our office for immediate scheduling of service. We look forward to the 
opportunity of serving you. 

 

Respectfully yours, 

 

The team at DeAngelo Contracting Services, Jacksonville 

 


 

 

A picture containing text, clipart
Description automatically generated 


 

DCS AQUATIC MANAGEMENT PLUS AGREEMENT 

This agreement dated 9/8/2023 is made between DeAngelo Contracting Services and RiverTown, a Rivers Edge 
Community Development District as described as follows: 

 

RIVERTOWN, A RIVERS EDGE COMMUNITY DEVELOPMENT DISTRICT 

160 RiverGlade Run 

St. Johns, FL 32259 

Contact: Jason Davidson – General Manager jdavidson@vestapropertyservices.com 

 

CDD 1 24 Treatments/Year 

 

1. Site Locations: 


DCS will provide aquatic management services on behalf of RiverTown in accordance with the terms and 
conditions of this Agreement at the following aquatic site(s): 40 ponds Total acres: 110 

 

 

2. Contract Services: RiverTown agrees to pay DCS the following amounts during the term of this Agreement for 
these specific water management services: 


➢ Treatment to a manageable level of aquatic grasses and broadleaf weeds around the perimeter of waterways 

➢ Algae treatment 

➢ Treatment to a manageable level of floating aquatic vegetation 

➢ Water testing (as needed) for Dissolved Oxygen, Temperature, and pH 

 ➢ Abide by Florida BMPs for aquatic vegetation treatment and management 

➢ If unforeseen submersed vegetation growth occurs the owner agrees to create a work order to cover additional 
herbicides. 


 

 

Annual Program Investment $119,196.00 That will be invoiced monthly at $9,933.00 

 

We will perform 24 monthly waterway services each year. Treatments will follow Florida Best Management Practices. 

 

 January 2 February 2 March 2 April 2 May 2 June 2 July 2 August 2 September 2 

October 2 November 2 December 2 

 

 

 

 

 

 


 

 

 

Contract terms: 

The term of this Agreement shall be for a term of 1 year (the “Term”) and service shall be continuous without 
interruption unless this Agreement is terminated as provided for below. Contract addendum(s) may alter or change 
these terms and conditions. 

3. Automatic Renewal: 


At the end of the Term or any renewal thereof, this Agreement shall automatically renew for a term equal to its 
original Term and shall include a 4% increase in the monthly rate, unless a timely "Notice of Cancellation" has been 
received by DeAngelo Contracting Services as outlined in Paragraph 11. 

4. Safety: 


DCS agrees to furnish for use in inspecting and treating agreed to bodies of water all appropriate equipment and 
products, which in its sole discretion will provide safe and effective results for the specific site(s) following Florida 
law, rules, regulations and BMP -Best Management Practices for aquatics. 

5. Insurance: 


DCS agrees to maintain the following insurance coverage: Worker's Compensation, General Liability, Automobile 
Liability, Property and Casualty, Excess Liability and Business Interruption Coverage. Upon written request, 
CUSTOMER may be listed as an "Additional Insured" at no extra charge. A Certificate of Insurance will be provided at 
the CUSTOMER's request. 

6. Address Change: 


If DCS or CUSTOMER undergoes a change in address, notification to the other party shall be made by email, or firstclass 
mail. Written instructions including the new address and telephone number will be enclosed in the notification. 

7. Management Change: 


If the CUSTOMER undergoes a change of management or personnel in governing and administering of the 
CUSTOMER, this Agreement will remain in place unless and until terminated in accordance with Paragraph 11. It is 
the responsibility of the CUSTOMER to notify DCS of any management or personnel change by email or first-class 
mail. Customer is responsible for all invoices and past due amounts plus interest shall any invoice become past due 
because of said management changes. 

8. Schedule of Payment and Penalties for past due invoices: 


CUSTOMER will be invoiced monthly and agrees to pay DCS within thirty (30) days after date of invoice at DCS's 
home office at 527 South Church St, Hazleton, PA, 18201. Failure to pay the invoiced amount when due shall 
constitute a default under this Agreement and may result in a suspension of services until invoices are paid in full. 

9. Default: 


If CUSTOMER defaults on any provision of this Agreement, CUSTOMER hereby agrees that DeAngelo Contracting 
Services may, at its sole discretion, seek any or all the following remedies: a. Termination of this Agreement. In this 
event, CUSTOMER agrees to make immediate payment of the total contract amount through the end of its term 
(less previously paid payments) as liquidated and agreed upon damage. b. Filing of a mechanics lien on property for 
all monies due plus interest, DCS costs and attorney’s fees incurred by DCS. 

10. Termination Procedure: 


This Agreement may be terminated by either party with thirty (30) days written notice. Notification must be sent by 
certified mail, return receipt requested, to DCS, 527 South Church St., Hazleton, PA 18201. DeAngelo Contracting 
Services reserves the right, under special circumstances, to initiate surcharges relating to extraordinary price 
increases of water treatment products. a. "Date of Termination" will be defined as: one (1) month after the last day 
of the month in which "Notice of Cancellation" was received by DCS in accordance with paragraphs 11. b. If your 
account is not settled in full at the same time as your cancellation letter is received, DCS will continue to bill you 
until the contract expires. Settlement in full includes payment for one month’s service after the end of the month in 
which the cancellation letter is received by DeAngelo Contracting Services. c. Payment in full shall be defined as 
payment to DCS through the effective "Date of Termination" as determined by the procedure outlined above in 
Paragraphs 11. 

12. OTHER ITEMS: - 


a. Water testing necessary for gathering specific and additional information for the purposes of 
determining any additional Aquatic Algae and Vegetation Control Treatment programs for a water body 
or bodies of the CUSTOMERS will require a signed Special Service Agreement (SSA) detailing the details 
of the testing and associated cost before testing begins and will be invoiced separately, 

b. Work or other expenses related to request(s) by CUSTOMER for services that are not specified in this 
contract will require a signed Special Service Agreement (SSA) detailing the requested additional 
services and associated costs before work may begin. This SSA will be invoiced separately upon 
completion of the work detailed in the SSA. 

c. The CUSTOMER is responsible for notifying DCS in advance of the signing of this contract if they utilize 
any of the water in their bodies of water for irrigation purposes. DCS may, when necessary, use products 
that have irrigation restrictions that is appropriate or necessary for aquatic vegetation control and 
management. DCS, will notify CUSTOMER in writing of any irrigation restrictions related to the use of the 
product(s). CUSTOMER agrees to follow the restrictions in its entirety and shall hold DeAngelo 
Contracting Services harmless related to any damages as a result of irrigating prior to expiration of 
irrigation restrictions. 

d. A sudden appearance of dead fish in a lake or pond causes considerable concern and alarm for most 
people. Most fish kill results from natural events, although people can influence their frequency and 
severity. Fish kills usually result from too little oxygen in the water. While some result from spills or 
illegal discharges of toxic substances, most kills occur when oxygen dissolved in the water drops to levels 
insufficient for fish survival. For a dissolved oxygen or DO-related fish kill to occur, a combination of 
environmental conditions transpires simultaneously. Weather patterns, water temperature, depth and 
quality, amount and type of plant growth, fish community structure, along with the presence of viruses 
and bacteria are all factors that are necessary to trigger a fish kill. Lakes, ponds, and canals located in 
residential areas are particularly vulnerable to DO related fish kills. Developed areas create runoff that 
contain high amounts of nutrients. In addition, street and yard drainage that enters waterbodies can 
cause water quality problems. High levels of nutrients from fertilizers applied to lawns, golf courses and 
farms cause aquatic plants to thrive. Ponds with high nutrient levels produce dense growths of 
microscopic plants called algae. When sunlight is available, algae use nutrients and produce oxygen 
through the process of photosynthesis. Most oxygen available to fish comes from algae. During 
nighttime and cloudy weather, low sunlight causes algae to switch from photosynthesis to respiration, 
consuming oxygen needed by fish. During severe events, fish can suffocate from low DO. Most 
frequently, however, fish become stressed during a low DO period and become susceptible to viral or 
bacterial infections. Most times, fish can tolerate temporary lags in DO levels. Fish kills occur when 
several contributory factors occur simultaneously such as prolonged cloudy weather, drought 
conditions, overcrowded fish populations, excessive algae or other plant growths and high-water 
temperatures. Rarely is there a direct fish kill as a result of products used for treatment when applied at 
the specified label rates and use. The CUSTOMER agrees to hold DeAngelo Contracting Services harmless 
for any issues with fish or other aquatic life which occur as described above, unless there is willful 
negligence on the part of DeAngelo Contracting Services. 

 

13. Contract Documents: 

This Agreement constitutes the entire Agreement of DeAngelo Contracting Services and the CUSTOMER. If any 
portion of this Agreement shall be held invalid or unenforceable, the remaining portions of this Agreement shall be 
binding upon both parties. No oral or written modification of the terms contained herein shall be valid unless made 
in writing and accepted by an authorized agent of both DCS and CUSTOMER. 

 

 

 

 

 

 

 


 

 

 

 

 

________________________________ ________________________________ 

DeAngelo Contracting Services CUSTOMER 

 

________________________________ ________________________________ 

PRINT NAME PRINT NAME 

 

________________________________ ________________________________ 

DATE DATE 

 

The offer contained in this Agreement is valid for sixty (60) days only and must be returned to our office for acceptance within 
that period. If not accepted within that time, the offer shall be void. 


 

A black and white sign
Description automatically generated with low confidence
Consideration of River Ruck Facility Usage 

 

Mr. Jeffrey St. Clair with Longleaf Church is requesting to use the soccer field south of the amenity 
center for a 3.25 mile walk with ruck sacks. All monies raised will go to the ASSIST of St. Johns County 
School District, helping end homelessness in our schools across the district. Last year, at Rivertown, they 
had over 100 participants and raised $1,000’s of dollars for ASSIST. 

 

They walk on the sidewalks all the way around Rivertown and back to the soccer field at the Amenity 
center. 

 

Event Schedule 

November 11, 2023 

Usage Time: 7:00 a.m. to 11:30 a.m. 

Event Start Time: 9:00 a.m.