August 29, 2024 Board of Supervisors Tesoro Community Development District Dear Board Members: The meeting of the Board of Supervisors of the Tesoro Community Development District will be held on Thursday, September 5, 2024, at 10:00 a.m. at 125 SE Via Tesoro Blvd., Port St. Lucie, Florida. Following is the advance agenda for the meeting: 1. Roll Call 2. Public Comment Period 3. Approval of Minutes of the June 12, 2024, Board of Supervisors Meeting 4. Public Hearing A. Consideration of Resolution 2024-04 Adopting the Fiscal Year 2025 Budget and Relating to Annual Appropriations B. Consideration of Resolution 2024-05 Imposing Special Assessments and Certifying an Assessment Roll 5. Staff Reports A. Attorney B. Engineer C. District Manager’s Report i. Approval of Check Register ii. Balance Sheet and Income Statement iii. Adoption of District Goals and Objectives iv. Review of Fiscal Year 2025 Meeting Schedule D. Field Manager’s Report i. Consideration of 2024/2025 Wetland Preserve Maintenance Renewal ii. Consideration of 2024/2025 Landscape Maintenance Renewal 6. Audience Comments 7. Supervisor’s Requests 8. Adjournment MINUTES OF MEETING TESORO COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Tesoro Community Development District was held Wednesday, June 12, 2024 at 10:00 a.m. at 125 Via Tesoro Boulevard, 2nd Floor, Port St. Lucie, Florida. Present and constituting a quorum were: John Vogt Chairman Rod O’Conner Vice Chairman Allen Borden Assistant Secretary Rosemary Jones Assistant Secretary Emily Jones Assistant secretary Also present were: Jason Showe District Manager Bill Capko by telephone District Attorney Roberto Cabrera District Engineer Matt Hans GMS Alan Scheerer Field Manager Ronnie Howell Native Lands FIRST ORDER OF BUSINESS Roll Call Mr. Showe called the meeting to order and called the roll. There were five Supervisors present constituting a quorum. SECOND ORDER OF BUSINESS Public Comment Period There being no comments, the next item followed. THIRD ORDER OF BUSINESS Approval of the Minutes of the August 21, 2023 Meeting On MOTION by Mr. Vogt seconded by Ms. Rosemary Jones with all in favor the minutes of the August 21, 2023 meeting were approved as presented. FOURTH ORDER OF BUSINESS Consideration of Resolution 2024-01 Approving the Fiscal Year 2025 Proposed Budget and Setting a Public Hearing Mr. Showe stated Resolution 2024-01 approves the proposed fiscal year 2025 budget, sets the public hearing, authorizes staff to provide the approved budget to St. Lucie County and to post it on the district’s website. Mr. Showe noted that he had been requested to change the public hearing date to September 5th if we have a quorum. It was the consensus of the board to change the public hearing date to September 5, 2024. Mr. Showe stated the budget is similar to what we have approved the last few years with no increase in assessments. *Mr. O’Connor joined the meeting at this time. On MOTION by Ms. Rosemary Jones seconded by Mr. Borden with all in favor Resolution 2024-01 approving the proposed fiscal year 2025 budget and setting the public hearing for September 5, 2024 was approved. FIFTH ORDER OF BUSINESS Consideration of Resolution 2024-02 Relating to the General Election and Qualifying Period & Procedure Mr. Showe stated Resolution 2024-02 is related the general election. There are three seats up for election this year in the general election process: seat 3 currently held by Mr. O’Conner, seat 4 held by Mr. Borden and seat 5 held by Mr. Vogt. These seats will be filled by the general election process, and to qualify people need to go through the supervisor of elections and the qualification period started Monday and will run to noon on Friday. You have to be a registered voter residing within the district to qualify. On MOTION by Mr. O’Connor seconded by Mr. Vogt with all in favor Resolution 2024-02 Relating to the General Election and Qualifying Period & Procedure was approved. SIXTH ORDER OF BUSINESS Consideration of Resolution 2024-03 Appointing Assistant Treasurers Mr. Showe stated we relocated the accounting function to the South Florida office and Resolution 2024-03 appoints Patti Powers and Rich Hans of that office as assistant secretary and assistant treasurer for the purpose of signing checks and documents. On MOTION by Mr. O’Connor seconded by Mr. Borden with all in favor Resolution 2024-03 Appointing Assistant Treasurers was approved. SEVENTH ORDER OF BUSINESS Presentation of Fiscal Year 2023 Financial Audit Report Mr. Showe stated in the letter to management there were no prior year or current year findings or recommendations and it is a clean audit. On MOTION by Ms. Rosemary Jones seconded by Mr. O’Connor with all in favor the Fiscal Year 2023 audit report was accepted and staff was directed to transmit the final report to the State of Florida. EIGHTH ORDER OF BUSINESS Staff Reports A. Attorney There being none, the next item followed. B. Engineer There being none, the next item followed. C. Manager Mr. Showe stated there is new legislation that will require the district to come up with goals and objectives that must be approved by October 1st. i. Approval of Check Register On MOTION by Ms. Rosemary Jones seconded by Mr. O’Connor with all in favor the check register was approved. ii. Balance Sheet and Income Statement A copy of the balance sheet and income statement were included in the agenda package. iii. Presentation of Registered Voters – 345 A copy of the letter from the supervisor of elections indicating there are 345 registered voters residing in the district was included in the agenda package. iv. Reminder of Form 1 Filing Requirement Deadline of July 1, 2024 Mr. Showe stated we want to remind the board that you are required to file your form 1 by July 1st and it is done electronically this year. D. Field Manger’s Report Mr. Hans stated the wetlands are dry right now, hopefully the rain will help. On the invasives side, we are well below our threshold, just a few pepper trees on the golf course side. NINTH ORDER OF BUSINESS Audience Comments There being no comments, the next item followed. TENTH ORDER OF BUSINESS Supervisor’s Requests Mr. Vogt stated we have had a request from the water management district to do a water sampling off the 18th tee box and the sample is going to be aggregated into the general report to look at Florida’s water resources and quality. ELEVENTH ORDER OF BUSINESS Adjournment On MOTION by Mr. O’Connor seconded by Ms. Emily Jones with all in favor the meeting adjourned at 10:32 a.m. Secretary/Assistant Secretary Chairman/Vice Chairman RESOLUTION 2024-04 THE ANNUAL APPROPRIATION RESOLUTION OF THE TESORO COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024 AND ENDING SEPTEMBER 30, 2025; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2024, submitted to the Board of Supervisors (“Board”) of the Tesoro Community Development District (“District”) a proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2024 and ending September 30, 2025 (“Fiscal Year 2024/2025”), along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and WHEREAS, the Board set a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and WHEREAS, the District Manager posted the Proposed Budget on the District’s website at least two days before the public hearing; and WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TESORO COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. BUDGET a. The Board has reviewed the Proposed Budget, a copy of which is on file with the office of the District Manager and at the District’s Local Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below. b. The Proposed Budget, attached hereto as Exhibit “A,” as amended by the Board, is hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes (“Adopted Budget”), and incorporated herein by reference; provided, however, that the comparative figures contained in the Adopted Budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures. c. The Adopted Budget, as amended, shall be maintained in the office of the District Manager and at the District’s Local Records Office and identified as “The Budget for the Tesoro Community Development District for the Fiscal Year Ending September 30, 2025.” d. The Adopted Budget shall be posted by the District Manager on the District’s official website within thirty (30) days after adoption and shall remain on the website for at least two (2) years. SECTION 2. APPROPRIATIONS There is hereby appropriated out of the revenues of the District, for Fiscal Year 2024/2025, the sum of $________________ to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated in the following fashion: TOTAL GENERAL FUND $__________________ CAPITAL RESERVE FUND(S) $__________________ TOTAL ALL FUNDS $__________________ SECTION 3. BUDGET AMENDMENTS Pursuant to Section 189.016, Florida Statutes, the District at any time within Fiscal Year 2024/2025 or within sixty (60) days following the end of the Fiscal Year 2024/2025 may amend its Adopted Budget for that fiscal year as follows: a. A line-item appropriation for expenditures within a fund may be decreased or increased by motion of the Board recorded in the minutes, and approving the expenditure, if the total appropriations of the fund do not increase. b. The District Manager or Treasurer may approve an expenditure that would increase or decrease a line-item appropriation for expenditures within a fund if the total appropriations of the fund do not increase and if either (i) the aggregate change in the original appropriation item does not exceed the greater of $15,000 or 15% of the original appropriation, or (ii) such expenditure is authorized by separate disbursement or spending resolution. c. Any other budget amendments shall be adopted by resolution and consistent with Florida law. The District Manager or Treasurer must ensure that any amendments to the budget under paragraph c. above are posted on the District’s website within five (5) days after adoption and remain on the website for at least two (2) years. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 5th DAY OF SEPTEMBER 2024. ATTEST: TESORO COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary Its: Exhibit A Fiscal Year 2024/2025 Budget RESOLUTION 2024-05 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TESORO COMMUNITY DEVELOPMENT DISTRICT MAKING A DETERMINATION OF BENEFIT AND IMPOSING SPECIAL ASSESSMENTS FOR FISCAL YEAR 2024/2025; PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tesoro Community Development District (“District”) is a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and WHEREAS, the District is located in St. Lucie County, Florida (“County”); and WHEREAS, the District has constructed or acquired various infrastructure improvements and provides certain services in accordance with the District’s adopted capital improvement plan and Chapter 190, Florida Statutes; and WHEREAS, the Board of Supervisors (“Board”) of the District hereby determines to undertake various operations and maintenance and other activities described in the District’s budget (“Adopted Budget”) for the fiscal year beginning October 1, 2024 and ending September 30, 2025 (“Fiscal Year 2024/2025”), attached hereto as Exhibit “A” and incorporated by reference herein; and WHEREAS, the District must obtain sufficient funds to provide for the operation and maintenance of the services and facilities provided by the District as described in the Adopted Budget; and WHEREAS, the provision of such services, facilities, and operations is a benefit to lands within the District; and WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special assessments on benefitted lands within the District; and WHEREAS, it is in the best interests of the District to proceed with the imposition of the special assessments for operations and maintenance in the amount set forth in the Adopted Budget; and WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which such special assessments may be placed on the tax roll and collected by the local tax collector (“Uniform Method”), and the District has previously authorized the use of the Uniform Method by, among other things, entering into agreements with the Property Appraiser and Tax Collector of the County for that purpose; and WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the Tesoro Community Development District (“Assessment Roll”) attached to this Resolution as Exhibit “B” and incorporated as a material part of this Resolution by this reference, and to certify the Assessment Roll to the County Tax Collector pursuant to the Uniform Method; and WHEREAS, it is in the best interests of the District to permit the District Manager to amend the Assessment Roll, certified to the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll for the County, for such time as authorized by Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TESORO COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. BENEFIT & ALLOCATION FINDINGS. The Board hereby finds and determines that the provision of the services, facilities, and operations as described in Exhibit “A” confers a special and peculiar benefit to the lands within the District, which benefit exceeds or equals the cost of the assessments. The allocation of the assessments to the specially benefitted lands, as shown in Exhibits “A” and “B,” is hereby found to be fair and reasonable. SECTION 2. ASSESSMENT IMPOSITION. Pursuant to Chapters 190 and 197, Florida Statutes, and using the procedures authorized by Florida law for the levy and collection of special assessments, a special assessment for operation and maintenance is hereby imposed and levied on benefitted lands within the District, and in accordance with Exhibits “A” and “B.” The lien of the special assessments for operations and maintenance imposed and levied by this Resolution shall be effective upon passage of this Resolution. Moreover, pursuant to Section 197.3632(4), Florida Statutes, the lien amount shall serve as the “maximum rate” authorized by law for operation and maintenance assessments. SECTION 3. COLLECTION. The collection of the operation and maintenance special assessments shall be at the same time and in the same manner as County taxes in accordance with the Uniform Method, as indicated on Exhibits “A” and “B.” The decision to collect special assessments by any particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices. SECTION 4. ASSESSMENT ROLL. The Assessment Roll, attached to this Resolution as Exhibit “B,” is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County taxes. The proceeds therefrom shall be paid to the District. SECTION 5. ASSESSMENT ROLL AMENDMENT. The District Manager shall keep apprised of all updates made to the County property roll by the Property Appraiser after the date of this Resolution, and shall amend the Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll. After any amendment of the Assessment Roll, the District Manager shall file the updates in the District records. SECTION 6. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect upon the passage and adoption of this Resolution by the Board. PASSED AND ADOPTED this 9th day of September 2024. ATTEST: TESORO COMMUNITY DEVELOPMENT DISTRICT _____________________________ By:___________________________ Secretary / Assistant Secretary Its:____________________________ Exhibit A: Budget Exhibit B: Assessment Roll A close-up of a logo Description automatically generated Memorandum To: Board of Supervisors From: District Management Date: September 5, 2024 RE: HB7013 – Special Districts Performance Measures and Standards ________________________________________________________________________________ To enhance accountability and transparency, new regulations were established for all special districts, by the Florida Legislature, during their 2024 legislative session. Starting on October 1, 2024, or by the end of the first full fiscal year after its creation (whichever comes later), each special district must establish goals and objectives for each program and activity, as well as develop performance measures and standards to assess the achievement of these goals and objectives. Additionally, by December 1 each year (initial report due on December 1, 2025), each special district is required to publish an annual report on its website, detailing the goals and objectives achieved, the performance measures and standards used, and any goals or objectives that were not achieved. District Management has identified the following key categories to focus on for Fiscal Year 2025 and develop statutorily compliant goals for each: • Community Communication and Engagement • Infrastructure and Facilities Maintenance • Financial Transparency and Accountability Additionally, special districts must provide an annual reporting form to share with the public that reflects whether the goals & objectives were met for the year. District Management has streamlined these requirements into a single document that meets both the statutory requirements for goal/objective setting and annual reporting. The proposed goals/objectives and the annual reporting form are attached as exhibit A to this memo. District Management recommends that the Board of Supervisors adopt these goals and objectives to maintain compliance with HB7013 and further enhance their commitment to the accountability and transparency of the District. Exhibit A: Goals, Objectives and Annual Reporting Form Tesoro Community Development District Performance Measures/Standards & Annual Reporting Form October 1, 2024 – September 30, 2025 1. Community Communication and Engagement Goal 1.1: Public Meetings Compliance Objective: Hold at least three regular Board of Supervisor meetings per year to conduct CDD related business and discuss community needs. Measurement: Number of public board meetings held annually as evidenced by meeting minutes and legal advertisements. Standard: A minimum of three board meetings were held during the Fiscal Year. Achieved: Yes . No . Goal 1.2: Notice of Meetings Compliance Objective: Provide public notice of meetings in accordance with Florida Statutes, using at least two communication methods. Measurement: Timeliness and method of meeting notices as evidenced by posting to CDD website, publishing in local newspaper and via electronic communication. Standard: 100% of meetings were advertised per Florida statute on at least two mediums (i.e., newspaper, CDD website, electronic communications). Achieved: Yes . No . Goal 1.3: Access to Records Compliance Objective: Ensure that meeting minutes and other public records are readily available and easily accessible to the public by completing monthly CDD website checks. Measurement: Monthly website reviews will be completed to ensure meeting minutes and other public records are up to date as evidenced by District Management’s records. Standard: 100% of monthly website checks were completed by District Management. Achieved: Yes . No . 2. Infrastructure and Facilities Maintenance Goal 2.1: Field Management and/or District Management Site Inspections Objective: Field manager and/or district manager will conduct inspections per District Management services agreement to ensure safety and proper functioning of the District’s infrastructure. Measurement: Field manager and/or district manager visits were successfully completed per management agreement as evidenced by field manager and/or district manager’s reports, notes or other record keeping method. Standard: 100% of site visits were successfully completed as described within district management services agreement Achieved: Yes . No . Goal 2.2: District Infrastructure and Facilities Inspections Objective: District Engineer will conduct an annual inspection of the District’s infrastructure and related systems. Measurement: A minimum of one inspection completed per year as evidenced by district engineer’s report related to district’s infrastructure and related systems. Standard: Minimum of one inspection was completed in the Fiscal Year by the district’s engineer. Achieved: Yes . No . 3. Financial Transparency and Accountability Goal 3.1: Annual Budget Preparation Objective: Prepare and approve the annual proposed budget by June 15 and final budget was adopted by September 30 each year. Measurement: Proposed budget was approved by the Board before June 15 and final budget was adopted by September 30 as evidenced by meeting minutes and budget documents listed on CDD website and/or within district records. Standard: 100% of budget approval & adoption were completed by the statutory deadlines and posted to the CDD website. Achieved: Yes . No . Goal 3.2: Financial Reports Objective: Publish to the CDD website the most recent versions of the following documents: Annual audit, current fiscal year budget with any amendments, and most recent financials within the latest agenda package. Measurement: Annual audit, previous years’ budgets, and financials are accessible to the public as evidenced by corresponding documents on the CDD’s website. Standard: CDD website contains 100% of the following information: Most recent annual audit, most recent adopted/amended fiscal year budget, and most recent agenda package with updated financials. Achieved: Yes . No . Goal 3.3: Annual Financial Audit Objective: Conduct an annual independent financial audit per statutory requirements and publish the results to the CDD website for public inspection, and transmit to the State of Florida. Measurement: Timeliness of audit completion and publication as evidenced by meeting minutes showing board approval and annual audit is available on the CDD’s website and transmitted to the State of Florida. Standard: Audit was completed by an independent auditing firm per statutory requirements and results were posted to the CDD website and transmitted to the State of Florida. Achieved: Yes . No . Chair/Vice Chair:____________________________ Date:________________ Print Name:_________________________________ Tesoro Community Development District District Manager:____________________________ Date:________________ Print Name:_________________________________ Tesoro Community Development District NOTICE OF MEETINGS TESORO COMMUNITY DEVELOPMENT DISTRICT Fiscal Year 2025 As required by Chapter 190 Florida Statutes, notice is being given that the Board of Supervisors of the Tesoro Community Development District does not meet on a regular basis but will separately publish notice of meetings at least seven days prior to each Board meeting to include the date, time and location of said meetings. Meetings may be continued to a date, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtained from the District Manager, Governmental Management Services - Central Florida, LLC or by calling (407) 841-5524. There may be occasions when one or more Supervisors or staff will participate by speaker telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of a disability or physical impairment should contact the District Office at (407) 841-5524 at least 48 hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800- 955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Office. A person who decides to appeal any decision made at that meeting with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Jason Showe Governmental Management Services- Central Florida, LLC District Manager AGREEMENT BETWEEN NATIVE LANDS MANAGEMENT, INC. AND THE TESORO COMMUNITY DEVELOPMENT DISTRICT REGARDING THE PROVISION OF WETLAND, LAKE AND UPLAND PRESERVE MAINTENANCE SERVICES This Agreement is made and entered into this ___ day of ________, 2024 by and between: The Tesoro Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, being situated in St. Lucie County, Florida, and having offices at 219 East Livingston Street, Orlando, Florida 32801 (“the District”), and, Native Lands Management, Inc., having offices at 3172 SE Waaler Street, Stuart, Florida 34997 (“the Contractor”). RECITALS WHEREAS, the District was established by a rule of the Florida Land and Water Adjudicatory Commission for the purpose of providing stormwater management and wetlands mitigation maintenance services to all residences and commercial properties throughout the District; and WHEREAS, the District has a need to retain an independent contractor to provide wetland, lake, and upland preserve maintenance services for certain lands within the District; and WHEREAS, the District finds it in the best interest of the District to engage the services of the Contractor. NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: Section 1. Recitals. The recitals so stated above are true and correct and by this reference are incorporated into and form a material part of this Agreement. Section 2. Duties. The duties, obligations, and responsibilities of the Contractor are described in Exhibit “A” attached hereto. The location of the services is identified on Exhibit “B” attached hereto. Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. Contractor shall report to the District Manager or his designee. Additional duties may be specified by the District Manager or his designee. Section 3. Compensation. District agrees to compensate the Contractor in accordance with the following schedule: Monthly Treatment Costs - $ 26,037.50 ( $312,450.00 Annually) Contractor shall invoice the District for services performed monthly. Any additional compensation for additional duties shall be paid only upon the written authorization of the District Manager or his designee. Section 4. Independent Contractor. The District and Contractor agree and acknowledge that Contractor shall serve as an independent contractor of the District. Section 5. Term. This Agreement shall commence on October 1, 2024 and shall continue until September 30, 2025 unless terminated in accordance with Section 11 below. This contract may be extended by up to two (2) additional one (1) year terms upon mutual agreement in writing by both the Contractor and District. This agreement may be extended on a month-tomonth basis upon agreement of the parties hereto in writing and subject to appropriation of funds by the District’s Board of Supervisors. Section 6. Insurance. A. The Contractor shall maintain throughout the term of this Agreement the following insurance (1) Worker’s Compensation Insurance in accordance with the laws of the State of Florida. (2) Commercial General Liability Insurance covering the Contractor’s legal liability for bodily injuries, with limits of not less than $2,000,000 (two million dollars) combined single limit bodily injury and property damage liability with the District named as an additional insured, and covering at least the following hazards: (i) Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors’ operation; (ii) The District shall be named as additional insured (3) Employer’s Liability Coverage with limits of at least $1,000,000 (one million dollars) per accident or disease. (4) Professional Liability Insurance with limits of $1,000,000 (one million dollars). (5) Automobile Liability Insurance for bodily injuries in limits of not less than $2,000,000 (two million dollars) combined single limit bodily injury and for property damage, provided coverage for any accident arising out of or resulting from the operation, maintenance, or use by the Contractor of any owned, non-owned, or hired automobiles, trailers, or other equipment required to be licensed. Section 7. Indemnification. Contractor agrees to indemnify and hold harmless and defend the District and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death, property damage or of any nature, arising out of, or in connection with, the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor agrees that nothing herein shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statute. Section 8. Agreement. This instrument shall constitute the final and complete expression of this Agreement between the District and the Contractor relating to the subject matter of this Agreement. This Agreement effectively cancels the Second Amendment to the Wetland, Lake and Upland Preserve Maintenance Agreement (dated August 21, 2023). Section 9. Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made by an instrument in writing which is executed by both the District and the Contractor. Section 10. Authorization. The execution of this Agreement had been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument. Section 11. Cancellation. The District shall have the right to cancel this Agreement at anytime upon written notice. Contractor shall have the right to cancel this agreement upon thirty (30) days written notice to the District stating a failure of the District to perform in accordance with the terms of this Agreement. Section 12. Enforcement of Agreement. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorney’s fees and costs for trial, alternative dispute resolution, or appellate proceedings. Section 13. Notices. All notices, requests, consents, and other communications under this Agreement (“Notices”) shall be in writing and shall be hand delivered, mailed by First Class Mail, postage prepaid, or sent by overnight delivery service, to the Parties, as follows: A. If to Contractor: Native Lands Management, Inc. 3172 SE Waaler Street Stuart, Florida 34997 Attn: Ronnie Howell B. If to District: Tesoro Community Development District 219 East Livingston Street Orlando, Florida 32801 Attn: District Manager With a copy to: Lewis, Longman & Walker PA 515 N. Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 Attention: William G. Capko Except as otherwise provided in this Agreement, any Notices shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or a non-business day, shall be deemed received on the next business day. If at any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notices on behalf of the District and the Contractor. Any Party or other person to whom Notices are to be sent or copied may notify the other Parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the Parties and addressees set forth in this Agreement. Section 14. Assignment. Neither the District nor the Contractor may assign this Agreement or any monies to become due under this Agreement without the prior written approval of the other, and such approval shall not be unreasonably withheld. Section 15. Controlling Law. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Section 16. Severability. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable. Section 17. Headings for Convenience Only. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction on any of the provisions of this Agreement. Section 18. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument. Section 19. Public Records. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Jason Showe (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 841-5524, JSHOWE@GMSCFL.COM, OR AT 219 EAST LIVINGSTON STREET, ORLANDO, FLORIDA 32801. Section 20. E-Verify. The Contractor shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, beginning January 1, 2021, to the extent required by Florida Statute, Contractor shall register with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes. If the Contractor anticipates entering into agreements with a subcontractor for the Work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request. In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity. By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the day and year first written above. ATTEST: TESORO COMMUNITY DEVELOPMENT DISTRICT Secretary/Assistant Secretary Chairman/Vice Chairman ATTEST: NATIVE LANDS MANAGEMENT, INC ______________________________ ______________________________ Print: Print: Title: 1.1 Operation Procedures 1.2 Key Personnel 1.2.1 All Work shall be managed and/or directed by key personnel identified in the proposal. Any changes in the assigned key personnel shall be subject to approval by the District. Where applicable, the Contractor shall require certifications, training, etc. be secured and updated for all employees for the Environmental Services provided as defined in Attachment A-Scope of Services. 1.2.2 Contractor shall provide one (1) On-Site Field Operations Manager who is knowledgeable of the Contractor’s daily activities when performed at the site. The Senior Overall Manager shall serve as the point of contact between the District, Contractor and any other entity and shall be responsible for coordinating all scheduled services with the District and for the timely scheduling of scheduled or unscheduled environmental services. 1.2.3 Contractor shall provide at least one (1) full-time onsite Field Manager to observe and monitor the daily or routine activities of environmental services covered in the contract as defined in Attachment A-Scope of Services. 1.2.4 Contractor shall provide a trained Field Crew to perform basic scope of services as outlined above for environmental services covered in the contract as defined in Attachment A-Scope of Services. 1.2.5 Contractor shall have key personnel office location within St. Lucie County and/or no more than twenty (20) miles from site. 1.3 Personnel Dress Code Exhibit A – Overall Scope of Services – Definition 1. GENERAL CONTRACTOR REQUIREMENTS AND PROCEDURES The Contractor shall meet the requirements and follow the procedures associated with all items in this Agreement. These general requirements and procedures are as follows: The Contractor shall perform the basic services outlined within the Attachment AScope of Services as defined between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday unless specified otherwise or directed by the District. The Contractor may submit a request for additional operation time, in response to poor weather conditions, to be reviewed for approval by the District. The District will designate where Contractor’s crew will take breaks, lunches, and use restroom facilities. Employee personnel vehicles will be parked only in areas designated by the District. 1.4 Personnel Conduct 1.5 Safety Program 1.6 Facility Location 1.7 Subcontractors The Contractor shall ensure that employees working on the Project shall wear uniforms or professional attire at all times. Personnel will wear clean uniform shirts of consistent design and color. The Contractor shall enforce strict discipline and good order among its employees on the Project site. The Contractor shall ensure that its employees who communicate and interact with the community and any other customer/party associated with the Project are knowledgeable of the Project and the Services the Contractor is performing. The Contractor shall develop, implement, and maintain a safety program for its operations on the Project. That safety program shall include, at a minimum, a safety policy, safety rules and procedures, safety training, procedures for reinforcing and monitoring safety programs, procedures for accident investigations, providing and maintaining equipment safety features, and safety record keeping. The Contractor shall comply with all State of Florida and Federal and local regulations, rules and orders, as they pertain to occupational safety and health, the safe operation and security of the facilities. The Contractor shall provide, at the Contractor’s expense, all safety equipment and materials necessary for and related to the work performed by its employees. Such equipment will include, but is not limited to, items necessary to protect its employees and the general public, if applicable. The District shall not provide a facility on the Project Site for the Contractor as part of this Scope of Services. The Contractor shall, upon receipt of written approval from the District, be allowed to temporarily store, if necessary, its materials and equipment on site at a District-selected location. The Contractor shall be responsible for security of its stored materials and equipment, as well as any connections for utilities to the storage site. If the Contractor, as a part of the performance of its Services, elects to employ Subcontractors, the following shall apply: • The Contractor shall be responsible for, and coordinate with, the services of any of its Subcontractors. • The Contractor shall require all of its Subcontractors, as a condition of employment, to agree to the applicable terms and conditions identified in the Contract Documents. • Current certificates of insurance will be provided. 1.8 Consultants If the Contractor, as a part of the performance of its Services, elects to employ consultants, the following shall apply: • The Contractor shall be responsible for, and coordinate with, the services of any of its consultants. • The Contractor shall require all consultants, as a condition of employment, to agree to the applicable terms and conditions identified in the Contract Documents. • Current certificates of insurance will be provided. 1.9 Document Control and Data Management 1.9.1 Document Control 1.9.2 Data Maintenance 1.9.3 Data Dispersal The Contractor shall keep accurate records of documents received and, if applicable, issued by this Contractor. A “document log” shall be maintained during the work of this Contractor to provide records on the information available to or from this Contractor. The “log” shall outline document titles and dates, the originator, received dates, and to/from information. This “log” shall be updated monthly and submitted to the District when requested. The Contractor shall, after review with the District, establish a systematic process for the insertion of revised sets and the integration of that data into the overall Project plan after verification for compatibility and consistency of the information received with existing information. Should the Contractor distribute data to others, the Contractor shall document the distribution of data by completing a letter of transmittal. All distribution of data shall be accompanied by a letter of transmittal with a copy provided to the District identifying: • Party to whom the data is being transferred • Origination of the request for transfer • Name of data being transferred • Type(s) of data being transferred • Date of transfer • Purpose of transfer or use of information • Further action necessary The Contractor shall propose a format for, and keep a log of, all data transfers for updates to the District. 1.10 Verification of Data All data provided to the Contractor shall be examined for consistency with its records and work efforts. Any obvious inconsistency shall be reported to the District verbally and in writing, upon discovery. 1.11 Ownership of Data It is to be understood that all data transmitted, and material/equipment purchased under this contract by the Contractor or provided to the Contractor, either by the District or third parties, are the sole properties of the District. The Contractor shall have temporary charge of the data while performing contracted services for the Project. All data shall be returned to the District at the conclusion of the Project, after which, no copies of the data may be kept by the Contractor without the express written permission of the District. The District shall retain the right to require that the Contractor transfer all Project data, material, or equipment to the District immediately upon fourteen (14) days’ written notice, for any reason. The same procedures shall apply should it become necessary for the Contractor to voluntarily return all Project data to the District. 1.12 Quality Control The District will have the right, at any stage of the operation, to reject any or all of the Contractor’s services and materials, which in the District’s opinion does not meet the requirements of these specifications. The Contractor shall replace or reimburse the District for the cost of replacement or repairs, at the Contractor’s own expense, those native plant materials as defined in Attachment A-Scope of Services that are damaged or lost due to insects, disease, fungus, and/or as result of Contractor’s insufficient services as directed by the District. All replacements shall meet the current size, specifications, and quality of surrounding related material. Any other CDD items damaged due to the Contractor’s negligence shall be repaired or replaced as directed by the District at the Contractor’s own expense. All repairs and replacements shall also occur within two (2) weeks of notice from the District. If requested by the District, the Contractor will make weekly walk-through reviews of the entire site related to visual observations and the Contractor’s performance. The Contractor will make repairs and adjustments, as directed by the District, during these site visits. A monthly Environmental Services Report shall be generated by the Contractor and submitted to the District outlining potential problem areas and the Contractor’s proposed corrective action, upcoming work approval request, coordination, scheduling, etc. The Contractor shall provide the District with a weekly updated environmental services log addressing all activities occurring in that week. 2.0 COORDINATION The Contractor shall provide coordination with the District for all items associated with the requirements of this Agreement. 2.1 General Coordination The Contractor shall meet with the District and its separate consultants as appropriate, on a monthly basis, if required. Those meetings shall serve as forum for the exchange of information, identification of pertinent and critical issues, determination of an action plan and schedule for resolving those issues, review of schedule and budget status, and discussion of other environmental services and maintenance related issues deemed appropriate by the District of the Contractor. In addition, the Contractor shall provide a representative to attend the periodic meeting of the Board of Supervisors if requested to do so by the District. This representative shall be knowledgeable of Scope of Services as defined in Attachment A and shall be able to respond to any questions the Board may have as to the day-to-day activities at the Project site pursuant to this Agreement. Coordination of the construction, operation, environmental services and general maintenance of the District assets at the Project is considered one of the many critical activities of the Contractor. Further, coordination of those efforts with all parties involved, or those with the need to know are crucial to the success of the Project. While all parties involved with the Project cannot be identified at this time, a partial list is provided as follows: • CDD District Manager and/or CDD District Field Manager • CDD District Engineer • CDD District Representative • St. Lucie County and its various departments • Florida Turnpike Authority • Florida Department of Transportation • SFWMD • US Army Corps of Engineers • Adjacent property owners, as directed by the District • Tesoro Club operating staff and Golf Course maintenance staff 2.2 Contractor’s District Manager and Project Manager Contractor shall designate an on-site representative who will be responsible for overall supervision of the Contractor’s work force on the Project and shall act as 2.3 Contractor’s Vehicles and Equipment 2.4 Contractor’s Additional Provisions the single point of contact, on a daily basis, between the District and the Contractor. This individual shall maintain at all times a means of being contacted by the District (pager, cellular phone, or radio) and shall respond to such calls within twenty (20) minutes of contact. This individual shall be responsible for maintaining the Contractor’s schedule of activities and notifying the District of this daily schedule for quality control of the Contractor’s service and for arranging and supervising unscheduled service requests by District. Contractor will also provide District with a contact list for use in case of emergencies and will have personnel on call after regular business hours to respond accordingly. Contractor service vehicles must be well maintained and clean in appearance. Vehicles must be properly licensed and tagged and operated only by licensed personnel. All Contractors vehicles must operate in a safe and courteous manner while on site. Pedestrians have the right-of-way, and service vehicles are expected to yield. All trailers, storage facilities, and maintenance equipment must be in good condition and present a clean and neat appearance. Tools and equipment must be properly suited for their purpose and used in a safe manner utilizing the appropriate safety gear when necessary. Property inspections will be conducted weekly by an authorized Contractor representative. Contractor will document and correct any environmental services deficiencies that are identified within one week, or provide a status update for work requiring a longer period to accomplish. Periodic inspections (no less than monthly) will be conducted in conjunction with a management representative of the District. A monthly report will be provided to the client summarizing activities completed, in progress and planned. Contractor will be proactive in identifying any environmental services conditions that affect long-term environmental health and vigor and will advise District, accordingly. 3. SCHEDULED OPERATIONS AND MAINTENANCE The Contractor shall meet all requirements as defined in Attachment A - Scope of Services and as required in this Agreement. The contractor shall make a complete site inspection of Tesoro, specifically the areas of Districts maintenance. Attachment A - Scope of Services includes plan identifying the general limits of Districts environmental services. 4. UNSCHEDULED MAINTENANCE AND REPAIRS The Contractor shall be equipped and organized to provide any unscheduled services and repairs required and any emergency maintenance and repairs as provide in the above noted Performance Specifications on an immediate basis. 5. RESPONSE TIME The Contractor shall provide services and repairs within the amount of time indicated in this Agreement. The following is general response time information and requirements for the Emergency Response Program to be developed, implemented, and maintained by the Contractor. 5.1 General The Contractor shall, on a timely and efficient basis, respond to any and all requests and perform all repairs, inspections, and observations, etc. stipulated in the Project Manual. The Contractor shall provide supervisory, operating and maintenance personnel as required who shall be available on call 24 hours per day, seven (7) days per week to respond to and correct any problems with any of the elements covered by this Agreement. Response time, unless otherwise directed by the District, required by the Contractor for various environmental service activities is as follows: • Standard environmental services activity adjustments: varies, as directed by District. • Standard repairs: one week • Emergency repairs: three (3) hours • Unscheduled environmental services request: as needed, as soon as four (4) hours • Plant material replacement: two (2) weeks Should the Contractor fail to respond to a request for any services addressed in Attachment A-Scope of Services within the required allotted time, the Owner shall, at the Contractor’s sole expense, provide the requested services. 5.2 Emergency Response Program The Contractor shall develop, implement, and maintain an Emergency Response Program (ERP) for emergency work that must proceed immediately to avoid property damage or result in a public health or safety hazard. The ERP shall address emergency situations including, but not limited to, the following items: • Stormwater System or any Environmental Services • Equipment failures • Chemical spills Additionally, the ERP shall address the following: • Responsible parties to be notified • Personnel, equipment, and emergency repair contractors on call and who will respond to each type of emergency • Procedures for notifying the District, District Manager, the community, and other utility companies affected by the listed emergency • The Contractor shall prepare, maintain and distribute an ERP manual detailing the procedures and responsibilities for the situations listed above and any other situation deemed appropriate by the District. • The ERP manual shall be included in the operations section of the Administrative/Maintenance/Operations program. Attachment A – Scope of Services The general items to be completed within the service area, as described in Attachment B is as follows: 1. Cutting, pulling and/or herbicidal treatment of all invasive, nuisance and exotic plants & trees in all wetlands, littoral shelves, lake bodies and upland preserve areas. 2. Assist, coordinate and participate in meetings onsite with Owner, engineers, consultants and SFWMD as required to maintain compliance and to coordinate the work. 3. Debris and trash removal from all work areas. 4. Hand pull weeds in planted areas between the golf course and wetland areas. 5. Trimming and vegetation removal on all flyaways on the golf course. 6. The work includes cutting at stumps and treatment of tree stumps to prevent re-growth. 7. Removal of plants and trees includes all vegetation listed on Florida Exotic Pest Plant Species list in accordance with State and local guidelines. Further the work shall include removal of nuisance vegetation as allowed by the agencies having jurisdiction (AHJ). 8. The work shall include removal of all exotic plant materials from the project site. 9. The work includes removal of exotics and nuisance vegetation in the lake bodies to provide open water areas as needed for the SFWMD compliance. 10. Herbicide application must be conducted under the supervision of a licensed applicator (Dept of Agriculture, Aquatic Pest Control), contractor to provide copies of current license to Owner prior to the start of work. Contractor shall maintain all AHJ mandatory required licenses for the work and provide notices to AHJ as required during the progress of work. 11. Contractor is encouraged to use Greener methods for treating algae in the lakes as an alternative to herbicides. 12. Contractor must provide daily reports for the work no later than the following day for each day worked onsite. These reports will be precedent to payment. Reports shall include a site plan indicating areas treated with pesticides and areas where hand removal took place on each day of work. 13. All lakes will be treated at least monthly for unwanted shoreline and floating vegetation. 14. Contractor will treat all areas on the entire property at least once monthly. A more specific plan for the individual needs of each area is described below. The Contractor is responsible for having the Field Manager meet with the District Representative twice monthly to review the property and identify any areas not being maintained in accordance with the Scope of Services. Task 1 – Wetland Preserve/Mitigation Area Maintenance – Tesoro West This task will include the cutting and removal of exotic and nuisance vegetation from all wetland preserves, littoral shelves, and lake bodies within the limits of the US Army Corps of Engineers (ACOE) permit and all modifications and the South Florida Water Management District (SFWMD) permit previously issued for the parcel west of Via Tesoro Boulevard within the limits of the Tesoro West project area. Due to the native vegetation on the site and in accordance with the conditions of the Agency permits, hand cutting of vegetation will occur where possible and Contractor will apply an appropriate herbicide to the cut stumps to inhibit further growth. Clearing and maintenance activities will be conducted to the satisfaction of the Client and in accordance with the currently approved mitigation and monitoring plan for the parcel (as approved by the US Army Corps of Engineers and the South Florida Water Management District). Removal includes all plants listed on the Florida Exotic Pest Plant Species list in accordance with State and local guidelines. Contractor will remove all cut vegetation from the preserve area and dispose of within the proposed clearing area for the development. Contractor will apply herbicide to lake areas when necessary and monitor open water habitats. Contractor will also remove any and all trash and debris from the mitigation areas to the satisfaction of the Client. Herbicide application will be conducted under the supervision of a licensed applicator. This task specifically excludes additional planting as well as the body of water known locally as the A2 pond. See Map of Service Areas for more definition of Area. Task 2 – Supplemental Plantings – Tesoro West This task will include the purchase and installation of native plant materials for use inside wetland and surface water areas throughout the Tesoro West side development. This task specifically excludes plantings within upland preserves or in areas currently maintained by the District’s Upland Buffer Maintenance Contractor or the Tesoro Club. As part of the ongoing construction and the ACOE and all modifications and SFWMD compliance reporting, areas may be identified as areas required for wetland planting in accordance with the permit schedule and conditions. The costs associated with the planting budget include purchase and installation of plant materials. See Map of Service Areas for more definition of Area. These services will be performed as an additional service and the scope and price will be determined at the time the work is required. Task 3 – East Side Wetland Preserve/Mitigation Area Maintenance This task will include the cutting and removal of exotic and nuisance vegetation from all wetland preserves, littoral shelves, and lake bodies within the limits of the US Army Corps of Engineers permit and all modifications and the SFWMD permit previously issued for the parcel east of Via Tesoro Boulevard within the limits of the Tesoro East project area. Due to the native vegetation on the site and in accordance with the conditions of the Agency permits, hand cutting of vegetation will occur where possible and Contractor will apply an appropriate herbicide to the cut stumps to inhibit further growth. Clearing and maintenance activities will be conducted to the satisfaction of the Client and in accordance with the currently approved mitigation and monitoring plan for the parcel (as approved by the US Army Corps of Engineers and the South Florida Water Management District). Removal includes all plants listed on the Florida Exotic Pest Plant Species list in accordance with State and local guidelines. Contractor will remove all cut vegetation from the preserve area and dispose of within the proposed clearing area for the development. Contractor will apply herbicide to lake areas when necessary and monitor open water habitats. Contractor will also remove any and all trash and debris from the mitigation areas to the satisfaction of the Client. Herbicide application will be conducted under the supervision of a licensed applicator. This task excludes additional planting where needed in accordance with the approved State and Federal permits associated with this parcel. See Map of Service Area for more definition of Area. Task 4 – Stormwater Management System Infrastructure – Tesoro East and West The successful Proposer shall operate, maintain, and repair all elements of the stormwater management system including but not limited to pumps for water flow, water features and all water quality features in conformance with the ACOE permits including all modifications and SFWMD permits for the areas within the contract. The operation of the stormwater system shall include record keeping and reporting as required by the applicable permits and the provision of records upon request. Exhibit B – Map of Service Areas