Valencia Water Control District

Agenda November 8, 2022

AGENDA

VALENCIA WATER CONTROL DISTRICT
NOTICE OF MEETING OF
BOARD OF SUPERVISORS

Please be advised that the Meeting of the Board of Supervisors of Valencia Water Control District will be held on Tuesday, November 8, 2022 at 1:00 P.M. in the Lake Ridge Village Clubhouse, 10630 Larissa Street (Directions listed below). Attached is an Agenda for the meeting.

George S. Flint, District Director

DIRECTIONS TO MEETING:
From Orlando go West on I-4 to the Beach Line Expressway (528); go east past International Drive to Orangewood Blvd.; Go South on Orangewood Blvd., through 4- way stop at Gateway, tum left on Larissa Street. Proceed to Lake Ridge Village Clubhouse on right.

DISTRIBUTION

Roy Miller; William Ingle; Debra Donton; Brian Andrelczyk; Amanda Whitney; David
E. Mahler; Stephen F. Broome; Green Briar Village Clubhouse; Lake Ridge Village Clubhouse; Lime Tree Village Clubhouse; Montpelier Village Clubhouse; Parkview Pointe Village Clubhouse; Somerset Village Clubhouse; Deer Creek Village Clubhouse; Wingate Club; Lyle Spector, WHOA; and Tom Johnson, Orangewood HOA; Roy Miller, Waterview HOA; and Ken LaFrance, Windsor Walk.

"Persons are advised that if they decide to appeal any decisions made at these meetings/hearings, they will need a record of the proceedings and for such purpose they may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based, per section 298.0105, Florida Statutes. "

"In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation should contact Valencia Water Control District at
(407) 841-5524 x 101, not later than forty-eight hours prior to the meeting."

AGENDA
NOVEMBER 8, 2022 VALENCIA WATER CONTROL DISTRICT
BOARD OF SUPERVISORS MEETING 1 P.M.

LAKE RIDGE VILLAGE CLUBHOUSE 10630 LARISSA STREET
WILLIAMSBURG, ORLANDO, FLORIDA 32821

Item

Call Meeting to Order

Public Comment Period

Approval of October 11, 2022 Minutes

General Fund Financial Reports

Engineer's Report
Approval of Permit Extension Request - Permit #0505 Big Sand Lake Outfall Improvements

Attorney's Report

Director's Report
Customer Call Log - No new calls this month
Ratification of Agreement with Sthern Environmental, Inc. for S-501 Repairs
Ratification of Agreement with Sthern Environmental, Inc. for C-5 Canal Erosion Repair

Other Business

Adjournment

SE-CTION .Ill

MINUTES OF THE MONTHLY MEETING OF THE BOARD OF SUPERVISORS
OF VALENCIA WATER CONTROL DISTRICT

October 11, 2022

The monthly meeting of the Board of Supervisors of VALENCIA WATER CONTROL DISTRICT was held at 1:00 P.M. on Tuesday, October 11, 2022, at the Lake Ridge Village Clubhouse, 10630 Larissa Street, Orlando, Florida. Physically present were Supervisors William Ingle, Debra Donton, Amanda Whitney and Brian Andrelczyk. Supervisor Roy Miller was in attendance via telephone. Also, in attendance were the following: George Flint, District Director; Stephen Broome, District Counsel; David Mahler, District Engineer; Stacie Vanderbilt, District Administrative Assistant.

ITEM#l	Call Meeting to Order

Mr. Flint called the meeting to order at 1:00 P.M. A quorum of four Board members were present and one member on the telephone.

ITEM#2	Public Comment Period

There being none,

ITEM#3	Approval of September 13, 2022 Minutes

Mr. Flint stated the next item was the minutes from the September 13, 2022 monthly meeting. He asked if there were any corrections, deletions, or additions.

On MOTION by Debra Donton, seconded by William Ingle, with all in favor the Minutes from the September 13, 2022 Monthly Meeting were approved as presented.

ITEM#4	General Fund Financial Reports

Mr. Flint reviewed the financial statements with the Board and noted that everything was in shape, and they are almost 100% collected on assessments.
Mr. Andrelczyk asked ifthere were any expenditures for storm clean up? Mr. Flint replied there will be for the S-501 area near Sea World.

October 11, 2022	Valencia Water Control District

Mr. Ingle asked is there anything we can do while we have funds?
Mr. Flint replied the high priority cases have to be hit first. Dan Brown is reviewing areas to come up with backup pricing and we can approve that outside of a meeting.

ITEM#S	Engineer's Report

Post Storm Report/Update
Mr. Mahler stated that he drove around last week to review any damages from Hurricane Ian and advised that the District mostly did well. He reported that the area around the S-501 toppled over and washed out the sides of the structure. A plan is being devised for repairs. He added that there was a washout, failure structure at the C-10 end. Since Orange County owns the pipe, they have been notified to repair it but it impacts the District's access to the canal. He reported that the C-1 Canal washout occurred at the Parkview site, the contractor filled it with dirt. Lastly, the C- 11 amil gates tipped over and water got into the tube. Dan Brown is draining them, as of now they are still very wet but the water is draining.
Mr. Flint stated the owner of the wetland area is not cooperating in claiming property or maintaining the area so the District may have to incur expenses to make repairs.
Mr. Flint stated there was some issues with Sea World, a blowout in a maintenance area that they maintain for aesthetics per an agreement. He advised he would be meeting with representatives on Friday to review the area.
Mr. Mahler stated I'm finishing up the NPDES report due later this month.

On MOTION by Roy Miller, seconded by Brian Andrelczyk, with all in favor Permit #0523 - Orchid Bay - Extended Stay America, was approved.

ITEM#6	Attorney's Report

Mr. Broome stated there is nothing new.

ITEM#7	Director's Report

Customer Call Log
Mr. Flint reviewed the log with the Board. He stated most of the calls were covered last month due to the fish kill. It was a natural occurrence and has been cleared up. A Deer Creek

October 11, 2022	Valencia Water Control District

resident was concerned about the quality of the mowing. There was another resident concerned about the flood gates opening during the hurricane, which they do automatically. Another resident thanked the Board for keeping the Deer Creek Community from flooding during the hurricane.

Discussion of On-Site Office Lease
Mr. Flint stated that the property was sold within the last year and staff tried for months to get a new lease agreement in place. Finally, a week before the lease ended on September 30, 2022, they sent a proposed lease agreement reflecting a monthly increase of 60%. He advised this District is not required to have an office, but Counsel will research to confirm. He recommended not renewing the lease and to just hold the records at a CubeSmart Self Storage on John Young Parkway because a l0xl0 space could be rented at a fraction of the monthly cost.
Mr. Mahler offered to digitize the maps. The Board agreed to not renew the lease. Mr. Miller left the meeting at this time.
Mr. Flint asked for authorization to lease a space at CubeSmart Self Storage.

On MOTION by William Ingle, seconded by Brian Andrelczyk with all in favor to not renew the office lease and rent the lOxl0 space at CubeSmart  Self  Storage  with  a  not  to  exceed  amount  of
$181.00/month.

On MOTION by Brian Andrelczyk, seconded by William Ingle with all in favor to dispose of any furniture and supplies not needed.

ITEM#8	Other Business

There being none,

ITEM#9	Adjournment

On MOTION by Brian Andrelczyk, seconded by Debra Donton, with all in favor the meeting was adjourned at 1:30 pm.

October 11, 2022	Valencia Water Control District

Stephen F. Broome, Secretary

William Von Ingle

Amanda Whitney

Debra Donton

Roy Miller

Brian Andrelczyk

SECTION IV

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•	•	•	•	•	•	•	•	•	•	•	•

Valencia
Water Control District

Unaudited Financial Reporting October 31, 2022

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Table of Contents

1		Balance Sheet 

2-3		General Fund Income 

4	Capital Reserve Fund

5-6	Month to Month

7	Assessment Receipt Schedule

VALENCIA
WATER CONTROL DISTRICT BALANCE SHEET
October 31, 2022

	General	Capital Reserve	Totals		
	Fund	Fund	2023		

ASSETS:						
CURRENT ASSETS						
OPERATING - SUNTRUST		$134,721		$134,721		
CAPITAL RESERVE - SUNTRUST			$55,391	$55,391		
INVESTMENTS						
SBA - CAPITAL RESERVES			$813,185	$813,185		
SBA - OPERATING RESERVES		$53,228		$53,228		
PETTY CASH		$100		$100		
TOTAL CURRENT ASSETS		$188,049	$868,576	$1,056,626		

FIXED ASSETS						
LAND		$700,120		$700,120		
STRUCTURES		$672,531		$672,531		
CANALS		$2,888,690		$2,888,690		
PONDS		$1,245,537		$1,245,537		
EQUIPMENT & OFFICE FURNITURE		$12,767		$12,767		
ACCUMULATED DEPRECIATION		($4,786,726)		($4,786,726)		
TOTAL FIXED ASSETS		$732,919	$0	$732,919		
						
TOTAL ASSETS		$920,968	$868,576	$1,789,545		

LIABILITIES:						
ACCOUNTS PAYABLE				$0		
FUND EQUITY:						
FUND BALANCES:						
UNASSIGNED		$188,049	$868,576	$1,056,626		
NET ASSETS CAPITALIZED		$732,919		$732,919		
TOTAL LIABILITIES & FUND EQUITY		$920,968	$868,576	$1,789,545		

VALENCIA
WATER CONTROL DISTRICT GENERAL FUND
Statement of Revenues & Expenditures
For The Period Ending October 31, 2022

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 10/31/22	ACTUAL THRU 10/31/22	
VARIANCE	
REVENUES:					
ASSESSMENTS -TAX ROLL	$553,302	$0	$0	
$0	
INTEREST	$100	$8	$143	$135	
TOTAL REVEN UES	$553,402	$8	$143	$278	

EXPENDITURES;					
ADMINISTRATIVE:					
SUPERVISORS FEES	$2,500	$208	$250	($42)	
ENGINEERING	$37,200	$3,100	$0	$3,100	
ATTORNEY	$12,000	$1,000	$1,000	$0	
ANNUAL AUDIT	$5,200	$0	$0	$0	
ASSESSMENT ROLL CERTIFICATION	$2,500	$2,500	$2,500	$0	
MANAGEMENT FEES	$50,264	$4,189	$4,189	($0)	
INFORMATION TECHNOLOGY	$1,300	$108	$108	$0	
WEBSITE ADMINISTRATION	$800	$67	$67	($0)	
INSURANCE	$14,710	$14,710	$13,179	$1,531	
REPORT PREPARATION- NPDES	$15,000	$1,250	$0	$1,250	
OFFICE LEASE	$12,980	$1,082	$178	$904	
PRINTING & BINDING	$500	$42	$0	$42	
POSTAGE	$500	$42	$0	$42	
TRAVEL PER DIEM	$100	$8	$0	$8	
LEGAL ADVERTISING	$2,500	$208	$0	$208	
BANK FEES	$500	$42	$74	($32)	
OTHER CURRENT CHARGES	$400	$33	$0	$33	
OFFICE SUPPLIES	$350	$29	$0	$29	
ELECTION FEES	$3,750	$0	$0	$0	
MEETING RENTAL FEE	$500	$42	$50	($8)	
PROPERTY APPRAISER FEE	$5,417	$0	$0	$0	
DUES, LICENSES & SUBSCRIPTIONS	$2,150	$179	$0	$179	

TOTAL ADMINISTRATIVE		$171,121	 $28,839	 $21,595	 $7,244 

VALENCIA
WATER CONTROL DISTRICT GENERAL FUND
Statement of Revenues & Expenditures
For The Period Ending October 31, 2022

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 10/31/22	ACTUAL THRU 10/31/22	
VARIANCE	
FIELD OPERATIONS:					
UTILITIES:					
ELECTRIC	$750	$63	$19	$44	
WATER& SEWER	$500	$42	$27	$14	
CONTRACTS:
AQUATIC WEED CONTROL	
$40,000	
$3,333	
$2,322	
$1,011	
MOWING	$98,289	$0	$0	$0	
WATER QUALITY MONITORING	$19,746	$1,646	$0	$1,646	
Bf.Pd/RS !II   /t:l[Ei':Jt,NCE:	
CANAL& RETENTION POND MAINTENANCE	
$40,000	
$3,333	
$0	
$3,333	
OFFICE	$500	$42	$0	$42	
SECURITY GATES & SIGNS	$750	$63	$0	$63	
OTHER:					
NPDES INSPECTION & FEES	$6,000	$500	$0	$500	
OPERATING SUPPLIES	$500	$42	$0	$42	
CONTINGENCY	$2,500	$208	$0	$208	
TOTAL FIELD OPERATIONS	$209,534	$9,270	$2,368	$6,902	

OTHER USES					
TRANSFER OUT· CAPITAL RESERVE	$267,402	$0	$0	$0	
TOTAL OTHER USES	$267,402	$0	$0	$0	
					
TOTAL EXPENDITURES	$648,057	$38,109	$23,963	$14,146	
					
EXCESS REVENUES (EXPENDITURES)	($94,655)		($23,820)		
					
FlN D BALANCE· Beginning	$94,656		$944,788		
					
FlN D BALANCE· Ending		$0	$920,968	

VALENCIA
WATER CONTROL DISTRICT CAPITAL RESERVE FUND
Statement of Revenues & Expenditures
For The Period Ending October 31, 2022

	ADOPTED
BUDGET	PRORATED BUDGET
THRU 10/31/22	ACTUAL
THRU 10/31/22	
VARIANCE		
REVENUES:							
TRANSFER IN		$267,402	$0	$0	$0		
INTEREST		$100	$8	$2,170	$2,162		
TOTAL REVENUES		$267,502	$8	$2,170	$2,162		

EXPENDITURES:							
EXPENDITURES							
CONTINGENCY		$500	$42	$38	$4		
CAPITAL IMPROVEMENTS		$100,000	$8,333	$0	$8,333		
TOTAL EXPENDITURES		$100,500	$8,375	$38	$8,337		
							
EXCESS REVENUES (EXPENDITURES)		$167,002		$2,132			
							
FUii D BALANCE- Beginning		$760,956		$866,445			
							
FUii DBALANCE - Ending		$927,958		$868,576			

Water Control District
Oct	Nov	Dec	J,n	Fe6

Aj?r	May	Jun	Jul	Aug	See!;	Total

-

VALENCIA

l!MtlYll;

ASSESSMENTS -TAX ROll		$0	$0	$0	$0	$0	 $0	 so	$0	$0	so	$0	so		$0 INTEREST	$143	 so	$0	$0	$0	so	$0	$0	$0	so	 so	so	$143
TOTAL REVONUES	[	$143	$0	$0	50	$0	so	$0	$0	so	$0	so	S143 f
EXPENDITURES·

ADMINISJRAJM·

SUPERVISORS FEES	S250	$0	$0	$0	$0	$0	$D	so	$0	$0	$0	$0	$250
ENGINEERING		 so	-so	 $0	 $0	 $0	 so	 $D	 so	 $0	 so	 so	 so		so ATTORNEY	$1,000	 so	so	$0	 so	so	$D	so	$0	so	so	so	Sl.000 AHNUALAUDIT		$0	 so	 $0	 $0	So	so     $D     so    $0     so    so    so     So ASSESSMENT ftOU QRTIFICATKJN         S2,$00      so     so     so     $0       so      so      so    $0     so     so    $0     $2,$00 MANAGEMENT FEES             $4,189      so     so     $0      so      so      $D      so    $0     so     so    $0     $4,189 INFORMATION TEOINOLOGY           $108       so      $0      $0      $0       $0       $0      so    so     $0      so     so     $108 WEBSITE AOMINISTRATION            $67       $0       $0      $0      so       $0       $0      $0     $0     $0      so     so     S67 INSURANCE                $13,179       so      so     so      so       SD       SD      so    SD     so     so     $0     S13,179 REPORT PREPARATION· NPOES           so      so      $0      $0      so       $0       so      so    $0     $0      $0     so     $0 OFFICE LEASE                $178       so      SD      so      $0       SD       SD      so    SD     so     so     $0      $178 PRINTING & BINDING               so      so      $D      $0      $0       SD       so      so    SD     so     so     so     $0 POSTAGE                   $0       so      so      so      so       so       so      so    so      $0      so     so       $0 lRAVEL PER DIEM                 so      so      SD      $0      so       $0       $0      $0     $0      so      so     So       so IEGAL ADVERTISING               so       $0       so      so      so       so        so      so     so      so      so     so       so BANK FEES                   S74       so      so      so      so       so       SD      so     $0      $0      $0      $0      S14 OlliER QJRRENT OiARGES             S0       so      so     $0      so      so      SD      $0     SD     $0      so     so     so OFFICE SUPPUES                $0       so      $0      $0      so      so      SD      so    S0     so     so    so     so ELEOlON FEES                 so      so      so     $0      so       so      So      so    so     so     $0     so     so MEETING RENTAL FEE              S50       $0       so     so     so      $0       $D      so    so     so     so    so     S50 PROPERTY APPAAISER FEE             $0       so      $0      so     $0       $0       so      so    so    so     so    so     so DUES, LICENSES & SUBSClttPTIONS          so      $0       so     so     so       $0       $0      $0     $0     so     so     so     so
TOTAL ADMINISTRAITVE	[    $21,595	so	$0	so	so	$0	so	so	so	so	so	so	s21.s9s I

VALENCIA
Water Control District

	i5ci	Nov	Cec	Jan	,e6	Mar	Ap,	Mal	Jun	lul	AUi	s...		
F/EW OPERATIONS;														
!!Il!JIID;_														
ELECTRIC	$19	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$19	
WATER &sEWER	$27	$0	$D	$0	$0	$0	$0	$0	$0	$0	$0	$0	$27	

AQUATIC WEED CONTROL	
$2,322	
$0	
$0	
$0	
$0	
$0	so	
$0	
$0	
$0	
$0	so	
S2,322	
MOWING	so	$0	$0	$0	$0	$0	so	$0	$0	$0	$0	$0	$0	
WATER QUAUTY MONITORING	so	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
BEedllY.A  ttJ.l[fMtQ:															
CANAL&. RITTNTION POND MAINTENANCE	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
OFFICE	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
SEOJRITY GATtS &. SIGNS	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
/lllifJl;.														
NPOES INSPECTION & FEES	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
OPERATING SUPPLIES	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
CDNTINGENCY	$0	$0	$0	$0	$0	$0	so	$0	$0	$0	$0	$0	$0	

TOTAL FIELD OPERATIONS	I	
$2,368	
	$0	$0	$0 	
$0	
$0		$0	$0	so		
$0		
$0	
so	
$2,368 l	

!mIDJ..!lHI;

TRANSFER OUT - CAPITAL RESERVE			so	$0		$0	so	$0		$0	$0	$0		$0	$0		$0		so	so TOTAL OTHER USES	I			so		 $0		$0		$0		$0		$0		$0		$0		$0		$0		$0		$0		so I TOTAL EXPENDm.lRES	 I	$23,963		$0		 $0		 $0       $0        $0        $0       $0     $0      $0      $0      $0     $23,9631
EXCESS REVENUES (IXl'ONDITURESJ	L	23,120}		$0	$0	$0	$0	$0	$0	$0	$0	$0		$0	$0	($23.R20Jl

VALENCIA
WATER CONTROL DISTRICT

SPECIAL ASSESSMENT RECEIPTS • FY2023 TAX COLLECTOR
	Gross	Assessments	$	576,853	$	576,853		
	Net	Assessments	$	548,011	$	548,011		
Date	Gross Assessments	Discounts/	Commissions		Interest	Net Amount	General Fund		Total	
  Received	Dist.#		Received	Penalties	Paid		Income	Received	100.00%		100%	
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
	$	$	$	$		$	$	$		
Totals	$	$	$	$		$	$	$		

7

SECTION V

SECTION A

October 20, 2022

Board of Directors
Valencia Water Control District 10365 Orangewood Boulevard
Orlando, Florida 32821

RE:	Request for Permit Extension
VWCD Permit No. 0.505 (Original Approval February 2019) Big Sand Lake Outfall Improvements
CPH Project No. 6816.07 Dear Honorable Board Members:

1117 East Robinson St. Orlando, FI. 32801
Phone: 407.425.0452
Fax: 407.648.1036

A request for permit extension has been requested by Orange County Public Works and FOOT (copy attached) for the above referenced permit for the Big Sand Lake Outfall Improvements. This project has been incorporated with the proposed 1-4 project that covers this area. They have incorporated the original design done by Geosyntec into the 1-4 Project plans. As noted by the documentation received as part of the request, there were some minor changes but the resulting rate of discharge from the Big Sand Lake area into the District facilities is still within the allowable discharge rate.

The original permit approval contained conditions for approval that will still remain as conditions for approval of this extension. The original permit conditions are as follows:

We recommend that the permit extension contain a condition requiring that Valencia Water Control District must be released from any and all obligations set forth in that certain Drainage Easement recorded January 29, 2014, and recorded in Offieial Records Book 10695, Page 3537, of the Public Records of Orange County, Florida. This release shall include, but not be limited to a release from any and all obligations contained in Section 2 of said easement, including the repair, maintenance and upkeep of the drainage facilities shown on Exhibits D-1 and 0.;2, attached to said easement, and for respon·sibility for payment of any costs associated with the upkeep, repair of maintenance of those or any other facilities described in said easement. It is the intent of this condition that Valencia Water Control District have no further responsibilities or duties regarding the easement.

Orange County will need to provide either a letter or email that they are in agreement with the condition of the permit/permit renewal.

Due to the fact that the overall project has not materially changed, we have no objections to the request for the extension.

iftb,k	
David E. Mahler, P.E.
District Engineer

Attachments:

Cc:	GMS
Mike Drozeck, Orange County Public Works Thomas Amstadt, P.E., Geosyntec
Marc Ady, SFWMD file

J:\6816.06\Word\2022\Approval Letter Re Permit 0505 ExtEinsion Request.Doc

April 9, 2019

VALENCIA WATER CONTROL DISTRICT
135 W. CENTRAL BLVD., SUITE 320, ORLANDO, FL 3280 I
PHONE: 407-841-5524 X IO 1 .. FAX: 407-839• 1526

Orange County, Public Works Department Attn: Mike Drozeck P.E., Stormwater Manager 4200 S. John Young Parkway
Orlando, FL 32839

Subj t:	P rmit #0-505

Dear Mr. Drozeck:

Orange County Forida, Public Works Department is hereby granted a construction permit to construct a new connection to the 48" pipe network from the 1-4 Interchange with Central Florida Parkway. Approval is granted in accordance with approved plans and hydraulic calculations and the following GENERAL AND SPECIFIC CONDmONS:

GENERAL CONDITIONS:

That the District or their agents may at any time make such inspections as they may deem necessary to ensure that the construction or work is performed in accordance with the conditions of this permit.

That the permittee will maintain the work authorized herein during construction and thereafter in good condition in accordance with the approved plans.

That the permittee shall comply promptly with any lawful regulations, conditions, or instructions affecting the structure or work authorized herein if and when issued by the
U.S. Em·ironmental Prot tion. Agency, t..'1.e Soi.i.th Florida Water Mam,gement District and the Florida Department• of Enviro ental Protection and/or any county or city environmental protection agency having jurisdiction to abate or prevent water pollution, including thermal or radiation pollution. Such regulations, conditions, or instructions in effect or hereafter prescribed by the federal, state, county and city agencies have hereby made a condition of this permit.

It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the District's right, title and interest in the land to be entered upon and used by the permittee, and the permittee will at all times, assume all risk and indemnify, defend and save hmm1:ess Valencia Water Control District from and against any and all loss, damage, cost or expense arising in any manner on account of the exercise or attempted exercises by the permittee of the aforesaid rights and privileges.

The pennittee and/or their agents will use every measure to prevent the run-off of turbid water into the District's facilities including, but not limited to, the use of temporary ponds, silt barriers, chemical additives and temporaiy grassing during construction.

If discharge of water by permittee should at any time raise the level of pollutants in the District's water management facility to the point where the District is in violation of a statute or regulation, permittee will either: (a) immediately cease such discharge, (b) remove pollutants from the water before discharging into District facilities, and pay all costs which the District must incur in order to reduce pollution in the District's facilities to acceptable levels.

That all the provisions of this permit shall be binding on any assignee or successor in interest of the permittee.

That any modification, suspension or revocation of this permit shall not be the basis for a claim for damages against Valencia Water Control District.

The Valencia Water Control District agrees that the issuance of this permit allows the passage of water through their canals but in so doing does not assume any responsibility for damage to any persons or property.

That the engineer of record certify that the facilities as constructed comply with the submitted hydraulic calculations and approved drawings.

That the permittee agrees not to modify or alter the constructed facilities at any future time without the express consent of the District.

This permit is valid for 3 years from date of approval or runs concurrently with the SFWMD permit, if required, whichever expires first.

That this permit must be executed within 30 days of Board approval or must be brought back to the Board for reconsideration.

END OF GENERAL CONDITIONS

SPECIFIC CONDITIONS

That drawings Sheet 1; Sheet 2; Sheet 3; Sheets 4-5; Sheets 6-21 and Sheets 22-23 titled Construction Plans For Big Sand Lake Outfall as recommended for approval by the District Engineer on 2/7/19, become part of this permit.

We recommend that the permit contain a condition requiring that Valencia Water Control District must be released from any and all obligations set forth in that certain Drainage Easement recorded January 29, 2014, and recorded in Official Records Book 10695, Page 3537, of the Public Records of Orange County, Florida. This release shall include, but not be limited to a release from any and all obligations contained in Section 2 of said easement, including the repair, maintenance and upkeep of the drainage facilities shown on Exhibits D-1 and D-2, attached to said easement, and for responsibility for payment of any costs associated with the upkeep, repair of maintenance of those or any other facilities described in said easement. It is the intent of this condition that Valencia Water Control have no further responsibilities or duties regarding the easement.

Orange County will need to provide either a letter or email that they are in agreement with the condition of the permit.

	 Orange County Public Works
Attest:	Granted by:
           Valencia Water Control District
By:	fl 	\  ,sl 
George S. Flint, District Director
On this J..'.L day of April, 2019

SECTION 8

AGREEMENT FOR THE :PROVISiON OF S'fORMWATER sYSTEM REPAIR SERVICES BETWEE.N VALENCIA WATP CONTROL DIStlUCT AND STHERN ENVIRONMENTAL,INC.
This Agreement (the "Agreement''} is made and entered into this 3( Jl,,-day of October, 2022, by and between the following parties:

Valencia Water Control District, a local unit .of special-purpose government es lished pUiSuant to Chapter 298 Fl..oridti St¢i#es. heing situated in Orange County, Florida, and whose mailing address is 2I9 East Livingston Street, Orland(), Florida 32801 (the '"District',; and	•
Stheta EnviroQQJe,at31 Inc., a Florida cotporatitm whose address is 4094 Thomassa
Cowt. Orlando. Florida 32812 (the ''Contractor").
RECITALS

WHEREAS, the District was established for the purpose of pl ing. finaneing. constructing, operating and/or maintaining drainage systems; and	•	•

WHEREAs, the Oistrir;t hai; a need to majn an independent contractor to provide the labor and materials ilecessaJY to repair a PQrtion of the District's su:,nnwatet system as described herein in, attached Euibit A, which i's incoipOrated herein by reference {the "Services"); ahd

WHEREAS, Conttactor repres.ents that it is licensed, qualified and capable of pl'Oviding the Services, and desires to con1ract with the District to do so in accordance with the tenns of this Agreement; ancl
'WHEREAs, the District and Contractor warrant and agree that they have all right, power and autg.ority to enter into and be bound by this Agreement	• •

NOW, THEREFORE, in .consideration of the re:cita agreements, and mµtual covenants contained herein, an:d o!Mr goo<I. and valuable consideration, the receipt and sufficiency of whieh are hereby acknowledged by the parties, Ute pamet agree as follows:

SW'rr0N 1.	RECITALS. The recitals so stated are true and com:ct and by this·reference
are incorporated into "10d fonn a ma«::rial part c,f this Agteemen;t.
SECTION 2.	DESCRJPTION OF WORK AND SERVICES.

The Contractor agrees to provide the labor. jools and materials rtece$!l8I)' for the provision of the• Services, including clean-up of the Distiict's propeo;y upon the c >nclusiort of san1e, all in accordan with the terms of this.Agreement and the attached EmibifA.

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 and in accordance with this Agreement. While providing the Services identified in this Agreement, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating, expediting, and controlling all aspects to assure completion of the Services. Contractor shall use industry best practices and procedures when carrying out the Services.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes described in this Agreement. af\d Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services.

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

SECTlON 3.	COMPENSATION; TERM.

As compensation for completion of the Services, excluding the procurement of any necessary governmental and/or regulatory permits that are required to complete the Services, the District agrees to pay the Contractor in accordance with the amounts indicated in Exhibit A. The Contractor shall invoice the District upon completion of the Services and the District shall remit payment to the Contractor within thirty (30) days of receipt of such an invoice, or within such earlier time as provided by the Prompt Payment Act.

If the District should desire additional work or services not provided in Exhibit A, the Contractor agrees to negotiate in gQOd faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement, and the Contractor shall perform such additional work or services as if described and delineated in this Agreement.

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

SECTJON 4. WAltRANTY. The Contractor warrants to the Disttiet that all ntate.rials furnished under this Agreement shall be new, and that all service$ d materials.sh.-li be of good quality, free from faults and defects. In aqdition to all ufac warranties for materials purchased for purposes of 'Ibis Agreement, the Services; including labor and materials, provided by the Comractot putsualit to this Agreement shall be·warranted for ninety (90) days from the date of the final acceptance ofthe Servi s by1:be District

SECTIONS. TERMINATION. The District agrees that the Contractor may te inate this Agreement for cause by providing fifteen (15) days Written notice of tel'lriination to the District; provided, however that the District sball be provided, a r nable opportunity to cure any failure under this Agreement. The Conttactor s that the District may termi te this Agreement imniediately for cause by providing written notice of terminatiop to tbe Contractor. TI.ie Distrlet $hall provide fifteen (15) days written notice of terminati.on without cause. Upon
any tennination of this Agreement, and as the Co111ractor's sol and exclusive remedy for any termination hereunder. the Confn.ctor shalt be entitled to payment for all Services rendenxl µp 1J11til the. effective imination of this Agreement, subject to whatever claims or off-sets the District may have against the Contractor,

SEcrJON 6.	INSUllANCE,.

The Contractor shall, at its own eXJlense; main n insurance dµrhig the perfonnance of the Services- under thisA	t,with limits of liabililY not less than the following:

Workers Compensation

General Liability
Bodilyln,jury (includJng C()n/J'actual)
Property Dalttagl# (mcludjng ¢on.tractual)
Automobile Liability (ifapplicable)
Bodily l,gury and Property Damage

statutoey

SI,000.000/$2,00(),000
$1,000.000/$2;000,000

$1,000,000

The District, it$ staff: consultants and supervisors.shall ben,amed as an aulditionat i ured. The ontractor shaU furnish the District with th Certificate of Insurance evidencing compliance with this requirement. No certift tc, shall be acceptable to the District unless it provides that any change or tennination within the policy pe.rio& of the i,;isupmce coverages, as certified, shall not e e tive within 1hirty (JO) day!! Qf prior written notice to the Di ct. lµswance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida, and such carrier shall have a Best's
Insurance Reports rating of at least A-VIL

If the Gon tor fails to have secwed and maintained the required insurance, th District has the right (without any obligation to do so, however),. to $ec'1te such required insurance in which eve the Con ctor shall pay the c t for requited insuntnc and
shall furnish, upon demand; all infonnation tliat KAAY te required in connection with the

District's obtaining the required insurance.

SECTION 7. INDEMNIFICATION.

Contractor, its employees, agents and subcontractors shaJI defend, hold hannless and indemnify the District and its supervisors, officers, staff, representatives and agents against any claims, damages, liabiJities, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the acts or omissions of Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement or the Services perfonned hereunder up to the amount of One Million Dollars ($1,000,000.00). By executing this Agreement, Contractor agrees such indemnification amount bears a reasonable commercial relationship to the Agreement.

Obligations under this section shall include the payment of all settlements judgments, damages, liquidated damages, penalties, forfeitures, back pay awards> court costs, arbitration and/or mediation costs, litigation expenses. attorney fees. paralegal fees and expert witness fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

SEcnoN8.	COMPLIANCE WITH GoVERNMENTAL REGULATION.	The Contractor
shall keep, observe, and perform all requirements of applicable local, state, and federal laws, rules, regulations, or ordinances. If the Contractor fails to notify the District in wri1ing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, state, or federal governmental body or agency or subdivision thereof with respect to the services being rendered under this .Agreement or any action of the Contractor or any of its agents, servants, employees, or materiahnen, or with respect to tenns, wages, hours, conditions of employment, safety applianc.es, or any other requirements applicable to provision of services, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation, the District may tenninate this Agreement, such tennination to be effective immediately upon the giving ofnotice of termination.

SECTION 9. LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement The Contractor shall keep the District's property free from any materialmen's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor's performance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may tenninate this Agreement to be effective immediately upon the giving of notice of tennination.

SECI'ION 10. LIMITATIONS ON GoVERNMENTAL LIABILITY.	Nothing in this
Agreement shall be deemed as a waiver of the District's sovereign immunity or the District's limits of liability as set forth in Section 768.28, Florida Sta/Ules or other law, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim

which would otherwise be barred und r such limitations of liability or by operation of law.

SECTION 11. NO THnm PARTY BENEFICIARIES, This Agreement is solely for the benefit of the formal parties hereto afid no right or cause ofaction shall accrue upon or by reason hereof, to or for the benef;it of any third paJty not a formal party hereto. Nothing in this
Agreement e,cpressed or ijJtplied is intended or shall be construed to confey upon any person or
corporation other than the parties hereto a:ny right, remedy or c\aim 1.i11der or by reason of this Agreement or any provisi<>ns or conditions hereof; and all of the pr visions, representations, covenants and CQn4,itions herein contain shall inure to the sole benefit of end shall be binding
upon tJte partieiJ hereto d their respective .representati  successors and 1$Sign,s.
SECnON 12. INDEPENDENT CONTRACTOR. In all matters relating to this Agreemtmt, the Contractt,,r shllll be a¢ting as an independent contractor. Neither the Contractor nor
employ of the Contractor. if there are any; are employees of  Oi$1rict under the meaning or application of any Federal or e Unemploy:ijient or lnsuiailce La.ws or Old Age Laws or otherwise. The Contractor	to asSUiile all liabilities or obligations imposed by any one or
more 4;1f such laws witb respect to employees of the ConttactQr,• if theJ:"e are any. in the performance of this Agreement. The Contractor shall not have any authotjty (0 assume or create any obligation. express or implied, on behalf of the District and the Contractor shall have no authority to repres th Pistrict as an agent, employee, or in any ·other capacjty, unless otherw set forth in this Agreement.

SECDON 13. FINAL AGREE . This instrument shall constitute the final and complete expression between the District and Contractor relating to the subject .niattet of this Agr:eem,ent.

SEcnoN 14. AMENDMENTS; Amendments to and waivers of the provisions contain in this Apmell,t may be rnade.only by an instrwnent in writing which is executed by both the Oistrict and Contractor.

SECTION 15. A1ltHORIZA.110N. The execution of tli Apmei)t has been duly authorized by the appropriate body or official of t1\e District: and Contractor, both the District and
Contractor have CQlliplied With l the uireinents of law, and both the District and Contractor havefulJ paWet and authority to comi,ly wiih the terms and provisions of this Agreeinel)t.

SEcnON 16. NOTICE& All o ces, reque$ts,. co.nscmts and other communications under this·Agreement (''Notic:e •, shall be in Writing and shall be hand delivere<l, mailed by First Class Mail, postage prepaid, or sent overnight delivery service, to the parties, as follows:

H to Distri :

With a copy to:

Valencia Water Control District 219 East Livmg$t0n Street Orlando, Florida. 3280l
AUm District Director

Stephen Broome; I) ct Coupsel
920 ½ Delaney Ave ( lingP,O. Sox. 560185)

If to the Contractor:

Orlando, FL 32806

Sthem Environmental 4094 Thomassa Court
Orlando, Florida 32812

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after S:00 p.m. {at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this 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 District and counsel for Contractor may deliver Notice on behalf of the District and Contractor. Arr; 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 fwe {5) days written notice to the parties and addressees set forth in this Agreement.

SECTION 17. ENFORCEMENT OF AGREEMENT. In the event that either the District or Contractor is required to enforce this Agreement by court proceedings or otherwise, then the substantially prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys fees, paralegal fees. expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 18. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the Jaws of the State of Florida. Venue shall be in Sarasota County, Florida.

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 reconis, 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 George Flint ("Pul?lic Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shaJI 1) keep and maintain public records required by the District to perfonn 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 tenn and following the contract tenn 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 shalJ destroy any duplicate public records that are exempt or confidential and exempt from public records

diSclosure requirements. All records stored electronically must be provide(! to the District in a fonnat that is compatible with Microsoft Word or Adobe PDF fol'Jnats.

H the Contractor has any qltestions regarding the application of Chapter 119, Florida Statutes, to tbe Contractor's, duty to provi'1e public records relating to this Agreement, please contact the District's Custodian of Public Records, George Flint by phoD.e at (407) ,841-5524, by email at gflillt@gmsefl.com, or by mail •t 219-East Livingstc,11 Street, Orlando, Florida 32801.
Section 20.	Compliance with E-Verity System.

The Coritraetor shall comply with and perform all applicable provisions ancl n:quirements of Section 448.095, FkJrida S,¢.14es and Section 448.09(1). Florida, Statues. Accordingly. beginning on the Effective Date. tQ the ex:t¢nt requirecJ by Section 448.095, Florida Statutes, the Contractor shall enroll with 21tid use the United States Department of Homeland urity's E-Verify S}'$tcnl to verify the work authorization status of all wly hired etnplQYees. The District may tenninate this Agreement immediately for cause if them is a good faith belief that the Contractor has knowingly viol ted S¢etion 448.091, Florida Statutes.

If the CQDtractor anticipates entering into aweementswith a s 11ttact.or for the work, Contractor will not enter into the SU Qnµa¢tor agreement without 'first receiving an affidavit from the subcon#'actot regiumng @mpliance wit& Section 448.095, Florida Statutes;, and stating tltat the SQbcon r does not employ, contract with. or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for tf;,e duratiQn of the agreement and provide a copy to the District upon request. In the eve11t that the District has a good faith belief that a SUbClontra oi' has knowingly violated Section 448.095, Flarit/4 $tarutes, but tl!,e ContrectQr has otherwise: complied with its obligatfo.- here dcr, the D ct sh-11 promptly notify the Contractor.,The Contractor agrees to iinmedilitvly terminate the agreement with the subconttactor upon noti f:foirt the l)istrict. Further, absent such notification from tJw Disµict, the Ccm tor or any subcontractor who bas a good faith belief that a person dt entity
with which it is contracting has knowingly violated Sectjon 448.09(1), Fl(Jriikl Statutes, shall prornpt1y terminate its agreement with such pei'$oh. or entity.
By entering_ into this Agreemertt, th Contractor r,ts ibat no public employer has terminated a co  With the C9Qtractor under Section 448.095(2)(c). Florida Statutes, within the year immediately preceding the date of this Agreement.
SECTION U. SEVERABlLITY, ne invalidity or unenforceability of any one or more provisions of 1his Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to btl invaJid or unenforceable;

SECTION 22. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SEc:TION 23. COUNTERPARTS. This Agreement may b(l executed in arty number of counterparts, each of which when executed and delivered shall be an original; however, a11 such counterparts together shall constitute, but one and the same instrument.

SECTION 24. NEGOTIATION AT ARM'S LENGTH. This Agreement has been negotiated fully between the parties as an ann's length transaction. The parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

SECTio 25. AsslGNMENT. Neither party may assign this Agreement or any monies to become due hereunder without the prior written approval of the other party.

[SIGNATURES ON NEXT PAGE)

IN WITNESS WIDafflOF, the  parties hereto have signed this Agreement to be effective on the·day and year first written above.

WITNESS:	VALENCIA	WATER	CONTROL DISTRICT

g�

WITNESS:	STHERN ENVIRONMENTAL,INC;

By:	-	- cA•.-\...		. -

Its: 	 	

Euibit .A; Proposal

EXHIBIT A

lSthom altne.
, 40!)4 Thomasa Ct.
iQrJand&. Pl
i	com

Estimate

Attention:

V-1epcia Water Control Disttict
10365 Orangcwood Blvd
Orlml!fo, Fl 12821

Bstimllleto lllplir1he	d	the Ss Ot i!id!lding so siti::.prq, to allow access to the l!'CA and partial'
1'1110val IIDil. disposal of	ofa  dlain link
Remove II!!of	..,J.5_ fuotof	_	_  .. . _ _ ,_ .	_ _	_
Site prepofeaatern	way to filcilitllll,.ccca lilr c:onmlQ truck and cqmpamt. Jbclucles fill clilt, pacle
andjOII an.thoproj lcte.This &n!l!isworn dae.to  D'1-
 :'a:'1.::1 .r: 1}; :3t :1'tboi	Jope
embankincmts, pcur m GXZIISion IO 1hopiJo ci,a apprmdmate. 9 foot into tiltbanb to help prevent future
en;,sion, cow:riogaU pll15 withnew: dirt. aodfimah giadmglllHhocl1o	•
Note: The_.of	needed to fiJ1tho void11Ddcr die cancrae  llllknown. 30 yards hasbeen
as,umed tofill bolh sides. Any IIIIIOlll\t more or less than Ibis lhall be -or dccrcallcd by1100;00
J!.Cl'..J 

1 00.00
9,070:00
 !91SAQ_
20,015.00

shall'llCJint clude any additional work without• siped	agrecinent. No worlc shall
bC"gia Without a signature to procee(l Please sign, priJII,. ma date.

I!! stated above 1111d

A signllturc to proceed i.s a legally bindinl conttact of tbifi t

Estimate#		Alm6	
[)ate	1Oil8/2022	Valid Through	10/18/.2022	
	Due()D I ipt	

Sfgna re tPorocee..,._=· ""d			

Total	$ 5.560.00 I

SECTION C

AGRI!lEMENT FOR THE fROVISIO OF STORMWATER SYSTEM REPAIR SERVICES BETWEENVALENClAWATERCONTROLDISTRICT AN)) STBERN ENVIRONMENTAL, INC.
This Agreement (the ''Agreement'') is ma e and entered into this _!rtay of October, 2022, by and between the following parties:

Valencia Wa. Control District; lcx:al unit of speciali)urpose gpvemment tablished pursuant to Chapter 29 , Fl4rida Statutes, being situated in Orapge Coun_ty, Florida. and whose mailing a,ddreSs is 219 East Livingston Stre Orland<>, Florida 3280l (the "Di$bictj; and

Sthern Environmental llit.J a Florida corporation whose addre s is 409,4 Thomassa Co  Orlando, Florida 32812 (the ''Contractor;.
RECITALS

WHERRAS, the Di$1:rtct was established for the purp<)se of planning. fmancing. constructing, operating and/ot maintaining drainage systems; and
WIJDlEAS, the District has a nee,d to re1ain an independent wntractor to provide labor and materials necesslUY io repair a portion of the District's stonnw r system as described herein in the attached Exhibit A, whieh is incorporawd he in by reference (the "Servkes"); and
WHEREAS, Con r represents that it is licensed, qualified d capable of providing the Services,  desires to contract with the District to do so in accordance with the tertns of this Agreement; and

WIIEREAS, the District and Contractor w: t and awee that they have all right, power and al)th<>rify to entc,r into and be bound by this Agi:e merit. •	-

Now, 'l'HEaEFOilE, in consideration of the recitals, agreements, and mutual covenants C()ntained herein, and other good and :w,Jµable con$ideration, the receipt and sµfticiency of which are hereby acknowledged by die parties, the parties agree as follows:
$ECTIO 1. RECITALS. The recitals so stated ate true and correct and by this reference are incorporated into and form a maten l part of this Agreement.
SECTIQ 2.   DESCRIPTION OF WORK AND S1QlVICF8.

The Contractor agrees t9 provide the labor; tools and materials n essary for the ptoviSion of the Services, including clean-up of the District•s property ·upon the conclus.ion of same, all in ac. ordance with thci terms of this Agreement ajtd the attached Exhibit A.

l

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 and in accordance with this Agreement. While providing the Services identified in this Agreement, the Contractor shall assign such staff as may be required, and such staff shall be responsible for coordinating. expediting, and controlling all aspects to assure completion of the Services. Contractor shall use industry best practices and procedures when carrying out the Services.

This Agreement grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes descn"bed in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules. onlinances and regulations affecting the provision of the Services.

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

SECTION 3.	COMPENSATION; TERM.

A, As compensation for completion of the Services,, excluding the procurement of any necessaty governmental and/or regulatory permits that are required to complete the Services, the District agrees to pay the Contractor in accordance with the amounts indicated in Exhibit A. 'The Contractor shall invoice the District upon completion of the Services and the District shall remit payment to the Contractor within thirty (30) days of receipt of such an invoice, or within such earlier time as provided by the Prompt Payment Act.

If the District should desire additional work or services not provided in Exhibit A, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement, and the Contractor shall perform such additional work or services as if descn"bed and delineated in this Agreement.

The District may require, as a condition precedent to making any payment to the Contractor, that all subcontractors. mmrial men, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial W vers of Liet1t to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide 1111 Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require. as a condition precedent to making any payment, evidence from the Contractor, in a fonn satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation. Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

SECTION 4. W ABRANTY. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that all services an:d materials shall be of good quality, free from faults and defects. In addition to all manufacturer warranties for materials purchased for purposes of this Agreement, the rvices, including labor and materials, provided by the Contractor p ant 'to this Agreement sb:all be warranted for ninety (90) days from the date of thefinal acceptance of the Services by the District.

SECTION 5. TERrtl.lNATION. The Disuict agrees that the Contractor may terminate this Agreement for eause by providing fifteen (15) days written notice of termination to the District; provi!led, however, that the District shall be provided a reasqnab1e QpPQrtunity to cure any failure under this Agreement the Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of tennination to the C :mtra,c::tot. The District shall provide fifteen (15) days written notice of tennirumon w,i1hout cause Upon
any temiinatiOll of this Agreement, and as the Contractor's sole and exclusive remedy -for any termination hereunder, the Contractor shall be elltitled to payment fpr all Services·rendered up until the effective tennjnation of this Agreement, subject to whatever claims or off-sets the
District may have agaiµst e ContractQr.

SECTION 6.	INSURANCE.

The CQntrac::tor sballi at its own expense, maintain .insurance during the performance of the Services under this Agreement, with limilS of liability not less than the following:

Workers Compensation

General Liability
Bodily Iryury (mcJt.«ling contrachllll)
Property Damage (including t:OnJractuai)
Automobile Liability (if applicable)
Bodily /;ytD'J' and Property Damage

statutory

$1Y0OO,Q00/$2,0()0,000
$1,000.000/$2.000.000

$1,000,000

The District. its staff, consultants and supervisors shall he named as an additional insuJl;d. The ContractQr shall furnish the District with the rtifi®.te of Insurance evidencing compliance with this requiremel)t. No certificate shall be acceptable to theDistrict unless it provides that any change. oi' tennination within the policy peri9ds of the insurance
cov ges. as certified, sba.11 not be effective withln thirty (30) days of prior written
notice to the District Insurance cc>verage·shall be from a reputable insurance carrier. licensed to conduct bµsitle$sm the State of Florida and such canier shall have a Best•s lnsurance Report$ rating of at least A-.VII.

If the Contractor fails to have ured and maintained the requited insurance; the District has the dght (without any obligation to dO' so, however), to secur¢ such required in$Uli1Iice in which event, the Co	shall pa:y the cost ror that required insurance and
$hall fumis up.on demand, aU infonruttion that may be requimi in connection with the

District's obtaining the required insurance.

SEC'DON 7. INDEMNIFICATlON,

Contractor, its employees, agents and subcontractors shall defend, hold bannless and indemnify the District and its supervisors, officers, staff, representatives and agents against any claims, damages, liabilities, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the acts or omissions of Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement or the Services perfonned hereunder up to the am01mt of One Million DoUars ($1,000,000.00). By executing this Agreement, Contractor agrees such indemnification amount bears a reasonable commercial relationship to the Agreement.

Obligations under this section shaU include the payment of all settlements, judgments, damages, liquidated damages. penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorney fees, paralegal fees and expert witness fees (incurred in court. out of court, on appeal, or in bankruptcy proceedings) as ordered.

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

SECTION 9. LIENS AND CLAIMS. The Contractor shall promptly and properly pay for all labor employed, materials purchased, and equipment hired by it to perform under this Agreement. The Contractor shall keep the District's property ftee ftom any materialmen's or mechanic's liens and claims or notices in respect to such liens and claims, which arise by reason of the Contractor•s perfonnance under this Agreement, and the Contractor shall immediately discharge any such claim or lien. In the event that the Contractor does not pay or satisfy such claim or lien within three (3) business days after the filing of notice thereof, the District, in addition to any and all other remedies available under this Agreement, may terminate this Agreement to be effective immediately upon the giving of notice of tennination.

SEcnON 10.  LIMITATIONS  ON  GoVERNMENTAL  LIABILITY.	Nothing in this
Agreement shall be deemed as a waiver of the District's sovereign immunity or the District's limits of liability as set forth in Section 768.28, Florida Statutes or other law, and nothing in this Agreement shall inure to 1he benefit of any third party for the purpose of allowing any claim

which wouJd Qtherwise be barred under such limitations of liability or by operation of w.
SECTION 11, No THIRD PARTY BENEFIClARIES, This Agreement is solely for the benefit of the formal parties hemo and no right or cause of action shall accrue upon or by reason bereot to or for the benefit of any third party not a fonnal party hereto. Nothing in this A nient expressed or implied is intended or shall be construec:l to confer upon any person or corporation other thail the parti hereto any right, remedy or claim under or by reason of this Agreement or y ptovisjon5, or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure 10 the sole benefit of arid shall be binding upoti the parties hereto and their respective representatives, successors and assignss	•
SECl10N i2. INDEPENDENT CONTRACTOR. In all matters relating to this A meilt, 1he Contractor shall be acting as an independent r	Neither the Contractor nor employees of the Con tor; if there are any,  pfoyees of the District under the meaning_or application of arty Federal <>r S Unemployment or lnsmance Laws or Old Age Laws or otherwise. The Contractor agrees to assmne all liabilities or obligations imposed by any pne or m of such laws with respect to employ¢s of the Contiactor. if there are any, in the perfonnance of this Agreement. The Contr:actor shall pot have•any authority to assume or create any obligation, ss   or implied on behalf Qf the District and the Conuactor shall -.ve no
authority tQ represent  District as an agent, employee. or in any o  capacity, ililless otherwise set forth in this Agreement.

SECTION 1 . FJNAL A(;REEMENT, This instrument shall constitute ti1e fmal attd coiJ:Jplete expression between ihe District and Contractor rel@.ting to Ure subject m.rter of this Agreement

SECTI(>.N 14, AMENDMENTS. Amendments•to ind waiveN of the provisions ntained in this Agreement may be made only by an instrument bi writing which is executed by both the District and Contractor.

S ctION 15. AUTIIORIZATiON. The e e µtiori of this Agreement has been duly authorized by the appropriaui body or o.fficial 9f the District and Contractor, both the District and Contractor have COJ!iplied with all the requirements of law, and both the District lPld Contractor have fuli power and authority to comply with the terms and provisions of this Agreement.

SECTION 16. NQTIC.ES. All notices, requests, consents and other umcations un.der this Agreement ("Notices") shall be in writing and ,u be hand delivered•. mailed by First Class
Mail postage prepaid, or seht overnight ijvety service, to tht parties, as follows:

If to District:

Witll a copy to:

Valencia W•	Control District 2I9 East Livingston Street Orlando, Florida 32801
Attn: District Director

Stephen Broome; District Counsel
920 ½ Delaney Ave (mailing P.O. Box560185)

s

If to the Contractor:

Orlando, FL 32806

Sthem Environmental 4094 Thomassa Court
Orlando, Florida 32812

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or <1n a non-business day. shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to the next succeeding business day. Saturdays. Sundays, and legal holidays recogniud by the United States government shall not be regarded as business days. Counsel for District and counsel for Contractor may deliver Notice on behalf of the District and 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.

SECDON 17. ENFORCEMENT OF AGREEMENT. In the event that either the District or Contractor is required to enforce this Agreement by court proceedings or otherwise, th.en the substantially prevailing party shal1 be entitled to recover all fees and costs incurred, ilwluding reasonable attorneys fees. paralegal fees, expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings.

SEcTION 18. CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed. interpreted, and controlled according to the laws of the State of Florida. Venue shall be in Sarasota County, Florida.

SECTION 19. PUBUC REcORDS. Contractor wtderstands 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 George Flint (..Public Records Custodianj. Amons other requirements and to the extent applicable by law, the Contractor shall l) keep and maintain public records required by the District to perfonn 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 tenn 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 aJ"e transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records

di$Clo re requirements. All records stored electronically must be provided to the District in a fonnatthatis compatible with Microsoft Word or Adobe PDF f'Qrmatg.

H the Con ctor has any que$tions reganlin,g the applil:ation of Chapter 119, Florida Stat'lltu, to the Contractor's duty to provide public reconls relating to flus Agreement, please contact the Distrlct'11 CustQdian of Public Records, George Flint by phone t (407) 841-SS24, by email at gtllnt@gmscO.com, or by mail at 219 E1c1st Livingston Street, Orlando, Florida 32801.•

Section 20.	Compliance with E-Veriff System.

The Contractor shall co,nply with and p rfonn all applicable provisions and requirements of Section 448.09S, f'lori(la Statutes and Section 448.09(1), Florida Statues. Accordingiy begi.Qning on the Effective Date, to the e,rtent required by Section 448.09,, Florida Statut,es, the Contractor shall enroll with and use the United	Department Qf Homeland Security's E-Verify system to verify the work authorization slatl,ls of all newly hired. employees. The District may tetmma this Agreement immediately for cause if there is a good
faith belief that the Contractor bas knowingly violated Section 448.091, Florida StatuJes.

If1he Contractor antici es entering into agreements with a subcontractor for the work, CoQJ"aCtor will not enter into .the subcontractor agreement withoqt first receiving an affidavit from the subcontractor regarding compliance with Section 448.09S, Florida Statwe_s, and stating that the sµbcontractor does t employ, contract with. or subcontract with an unauthorized alien. Contnt.Ctor shall ma,iiitam a copy of such affidavit for the dw-ation of the nt	and provide a copy to the District upon request In the ev t that the District hii.s a good faith belief that a subcoptractot has kn9wingly- violated Seetio 448.095, Florida StatuLes,
but the Conb'aetor bas otherwise compli with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate dre eement with the subcontractor upon notice from the Di!itrict. Further, ab t such notification from the District; the Contractor 9t any suQCOnttactot who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1); Florida Statutes, shall
promptly tenninate its agreement with such person or entil:y.

By entering into this Agreement, the Contractor represents that 110 pubJic employer has terminated a contract with the C011tra.ctor under S on 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.   •

SECJ'ION 21. SEVERABWTY. The invalidity or unenfur ility of any one or illore provisions of this Agreement shall n9t affect the validity pr enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.

SECTION 22. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however. an such counterparts together shall constitute, but one and the same instrument.

S11.CTI0N 24. NEGOTIATION AT ARM S LENGTH. This Agreement has been negotiated fully between the parties as an •s length transaction. The parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all parties are deemed to have drafted, chosen and selected the language, and the doubtful language win not be interpreted or construed against any party.

SECTION 2S. AssIGNMENT. Neither party tnay assign this Agreement or any monies to become due hereunder without the prior written approval of the other party.

[SIGNATURES ON NEXT PAGEJ

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

WITNESS:	VALENCIA	WATER	CONTROL
DISTRICT

       OistricDirector
WITNESS:	STBERN ENVIRONMENT INC.
<-p--
By: f/0 lltl  Brow&

Exhibit A: Proposal

EXHIBIT A

·Stbetn SnvironmentaJ lac.
,-4()914 Thamu&a Ct.
!Qr1ando, FL 3Q&l-2
.

Valencia Water Coniml District

10365 Orangcwood Blvd
Orlllildo, Fl 32121

Attention:

E$timate

Estimate#		AEI09		
Date	5120/l021	Valid Through	11/30/2022	
	Dueon t	

Repair and make passable the f:l'Qdi,d area of the C•5 canal nca- Sea Hamor and IntanltiC!ffldDr for Viilcnc.ia Wattr Control District, Issue is ftom a broke stonn pipe &om the: discharge structwc adjacent tp thoC·S	•
scope;.
Digmidmmrve brokm melll pipe
mitcrtdend  sedion
lteplaee	12 ind!HDPB pipe.
Rqioar MYimitcred end tedion
andgrado diJtlll replace lost cmbmkinmt
Sod alldistmbed area_
Mobiliunon and demobilization
RtmCJW!of dsi_pt -  ..

_	 _

Rtmoval of ol al\!Lm scdi	ofall·dmis
. . HDP]?_pipe,y,raP.,;J!Ollt!lCW'Jn.    _	_	_  _
Backflll,impoq10	lfllle, mpiaQ;.illitcrWend.11id.30d.

A lfgnamre to procccd is a legally binding COll4"ac:f !)f iliis as above l!lld shall liot include any adclili iil wmk without asigned written agm:mcnt No'worlcshall begin without asiguature to pi'oc:eed. Please $igii. print, uid dat

Signature to=pro=c:e=ed=---- 		

Total	$10,645.93 I