FOREST OAKS COMMUNITY DEVELOPMENT
DISTRICT

PALM BEACH COUNTY REGULAR BOARD MEETING SEPTEMBER 26, 2025
10:00 A.M.

Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410
www.forestoakscdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA FOREST OAKS
COMMUNITY DEVELOPMENT DISTRICT
Mattamy Homes USA
2500 Quantum Lakes Drive, Suite 215 Boynton Beach, Florida 33426 REGULAR BOARD MEETING
September 26, 2025
10:00 A.M.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions and Deletions to the Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
June 27, 2025 Regular Board Meeting & Public Hearing Minutes…	Page 2
Old Business
New Business
Consider Resolution No. 2025-15 – Adopting a Fiscal Year 2023/2024 Amended Budget…	Page 6
Consider Resolution No. 2025-16 – Goals and Objectives Annual Report…	Page 11
Consider Approval of Addendum to Pump Station Maintenance Proposal…	Page 14
Administrative Matters
Board Member Comments
Adjourn

Publication Date 2025-09-16

Subcategory Miscellaneous Notices

FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT NOTICE OF REGULAR BOARD MEETING
The Board of Supervisors of the Forest Oaks Community Development District (the District) will hold their Regular Board Meeting (Meeting) on September 26, 2025, at 10:00 a.m. in the offices of Mattamy Homes Palm Beach, LLC located at 2500 Quantum Lakes Drive, Suite 215, Boynton Beach, Florida 33426 for the purpose of addressing any business that may come before the Board.
The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for community development districts. The Meeting may be continued to a date, time, and place to be specified on the record at the Meeting. A copy of the agenda for this Meeting may be obtained from Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida or by calling (561) 630-4922.
There may be occasions when one or more Supervisors or staff will participate by 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 (813) 933-5571 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 the 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.
Meetings may be cancelled from time to time without advertised notice. District Manager
Forest Oaks Community Development District www.forestoakscdd.org 9/16/25 #11652295

Page 1

FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING
JUNE 27, 2025

CALL TO ORDER

The Regular Board Meeting of the Forest Oaks Community Development District (the “District”) was called to order on June 27, 2025, at 10:00 a.m. at office of Mattamy Homes USA located at 2500 Quantum Lakes Drive, Suite 215, Boynton Beach, Florida 33426.

PROOF OF PUBLICATION

Proof of publication was presented which showed that notice of the Regular Board Meeting had been published in The Palm Beach Post on June 6, 2025, and June 13, 2025, as legally required.

CONSIDER RESIGNATION
Consider the Resignation of Jason Corp

Mr. McElligott presented the resignation letter of Mr. Corp. After a brief discussion, there was a motion by Mrs. Burke, and a second by Mr. Nicho, to accept the resignation of Mr. Corp. The motion passed 3- 0.

Declare Seat 2 Vacant
Following the acceptance of the resignation of Mr. Corp, there was a motion made by Mr. Nicho, with a second by Mr. Albertson declaring Seat 2 vacant. The motion passed 3-0.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance: Karl Albertson, Sam Nicho, and Janice Burke.
Also in attendance were Michael McElligott of Special District Services, Inc.; and Attorney Bennett Davenport of Kutak Rock (via phone).
Also in attendance were Tony Piscopo from Mattamy Homes and member of the public Jonathan Ramirez.

ADDITIONS OR DELETIONS TO AGENDA

Mr. Alberson nominated Tony Piscopo to fill vacant seat # 2. After a brief discussion, there was a motion by Mr. Nicho, with a second by Mr. Albertson, to appoint Mr. Piscopo to vacant seat # 2. The motion passed 3-0.

Mr. McElligott administered the Oath of Office and sat Mr. Piscopo. Mr. Bennett went over Board Member obligations and responsibilities, including, but not limited to, the Sunshine Law and Form 1 requirements.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
April 25, 2025, Regular Board Meeting

Mr. McElligott presented the minutes of April 25, 2025, Regular Board Meeting and asked if there were any changes and/or corrections. There being no changes or corrections, a motion was made by Mr. Nicho, seconded by Mrs. Burke, and unanimously passed approving the minutes of the April 25, 2025, regular Board Meeting, as presented.

The Public Hearing was opened at 10:09 am.

PUBLIC HEARING
Proof of Publication
Mr. McElligott presented proof of publication that notice of the Public Hearing had been published in
The Palm Beach Post on June 6, 2025, and June 13, 2025, as legally required.
Receive Public Comment on the Fiscal 2025/2026 Final Budget
Mr. McElligott noted that there were no public comments.

Consider Resolution No. 2025-11 – Adopting a Fiscal Year 2025/2026 Final Budget

Mr. McElligott presented Resolution No. 2025-11, entitled:

RESOLUTION NO. 2025-11
THE ANNUAL APPOPRIATION RESOLUTION OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPRPRIATIONS AND ADOPTING THE BUDGET(S) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

Mr. McElligott presented the Budget in the meeting materials. After a brief discussion, a motion was made by Mrs. Burke, seconded by Mr. Nicho, to adopt Resolution No. 2025-11, as presented. Upon being put to a vote, the motion carried 3 to 0.

Consider Resolution No. 2025-12 – Adopting a Fiscal Year 2025/2026 Annual Assessment

Mr. McElligott presented Resolution No. 2025-12, entitled:

RESOLUTION NO. 2025-12

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR FUNDING FOR THE FY 2025/2026 ADOPTED BUDGET(S); PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, INCLUDING BUT NOT LIMITED TO PENALTIES AND INTEREST THEREON; CERTIFYINF AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Mr. McElligott went over the assessment roll. After a brief discussion, a motion was made by Mr. Nicho, seconded by Mrs. Burke, to adopt Resolution No. 2025-12, as presented. Upon being put to a vote, the motion carried 3 to 0.

OLD BUSINESS

There were no Old Business items to come before the Board.
NEW BUSINESS
Consider Resolution No. 2025-13 – Adopting a Fiscal Year 2025/2026 Meeting Schedule
Mr. McElligott presented Resolution 2025-13, entitled:

RESOLUTION NO. 2025-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT ADOPTING THE ANNUAL MEETING SCHEDULE FOR FISCAL YEAR 2025/2026 AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. McElligott presented the FY 2025/2026 meeting schedule in the meeting book. After a brief discussion among the Board, there was a motion by Mr. Nicho, with a second by Mr. Albertson approving Resolution 2025-13 as presented. The motion passed 3-0.

Consideration Resolution 2025-14 – Ratifying the Sale of the 2025 Bonds

Mr. McElligott presented Resolution 2025-14, entitled:

RESOLUTION 2025-14

Page 3 of 4

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT RATIFYING, CONFIRMING, AND APPROVING THE SALE OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2025; RATIFYING, CONFIRMING, AND APPROVING THE ACTIONS OF THE CHAIRMAN, VICE CHAIRMAN, TREASURER, SECRETARY, ASSISTANT SECRETARIES, AND ALL DISTRICT STAFF REGARDING THE SALE AND CLOSING OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS, SERIES 2025; DETERMINING SUCH ACTIONS AS BEING IN ACCORDANCE WITH THE AUTHORIZATION GRANTED BY THE BOARD; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

Mr. Davenport presented the resolution. After a brief discussion among the Board, there was a motion by Mrs. Burke, with a second by Mr. Nicho approving Resolution 2025-14, as presented. The motion passed 3-0.

ADMINISTRATIVE MATTERS

Mr. McElligott reminded the Board about Form 1’s and ethic training.
BOARD MEMBER COMMENTS
There were no further Board Member comments.
ADJOURNMENT

There being no further business to come before the Board, a motion was made by Mrs. Burke, seconded by Mr. Nicho and passed unanimously adjourning the Regular Board Meeting at 10:23 a.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

Page 4 of 4

RESOLUTION NO. 2025-15

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2024/2025 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Forest Oaks Community Development District (“District”) is empowered to provide a funding source and to impose special assessments upon the properties within the District; and,

WHEREAS, the District has prepared for consideration and approval an Amended Budget.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1.  The Amended Budget for Fiscal Year 2024/2025 attached hereto as Exhibit “A” is hereby approved and adopted.
Section 2.  The Secretary/Assistant Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.

PASSED, ADOPTED and EFFECTIVE this 25th day of September, 2025.

ATTEST:	FOREST OAKS
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Forest Oaks Community Development District

Amended Final Budget For Fiscal Year 2024/2025
October 1, 2024 - September 30, 2025

CONTENTS

AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET - SERIES 2025

AMENDED FINAL BUDGET
FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND
FISCAL YEAR 2024/2025 OCTOBER 1, 2024 - SEPTEMBER 30, 2025

REVENUES	FISCAL YEAR 2024/2025 BUDGET
10/1/24 - 9/30/25	AMENDED FINAL BUDGET
10/1/24 - 9/30/25	YEAR TO DATE ACTUAL
10/1/24 - 8/31/25	
O&M ASSESSMENTS	0	0	0	
DEVELOPER CONTRIBUTION	145,239	100,000	83,494	
DEBT ASSESSMENTS	0	0	0	
OTHER REVENUE	0	0	0	
INTEREST INCOME	1	220	208	
TOTAL REVENUES	$	145,240	$	100,220	$	83,702	
				
EXPENDITURES				
				
ADMINISTRATIVE EXPENDITURES				
SUPERVISOR FEES	0	0	0	
MANAGEMENT	36,000	27,500	25,000	
LEGAL	30,000	33,000	24,553	
ASSESSMENT ROLL	7,500	5,000	0	
AUDIT FEES	4,000	0	0	
ARBITRAGE REBATE FEE	650	0	0	
INSURANCE	6,000	2,986	2,986	
LEGAL ADVERTISING	15,000	20,000	16,754	
MISCELLANEOUS	1,500	500	212	
POSTAGE	300	50	43	
OFFICE SUPPLIES	1,500	1,600	1,591	
DUES & SUBSCRIPTIONS	175	325	325	
TRUSTEE FEES	4,200	0	0	
CONTINUING DISCLOSURE FEE	1,000	0	0	
TOTAL ADMINISTRATIVE EXPENDITURES	$	107,825	$	90,961	$	71,464	
				
MAINTENANCE EXPENDITURES				
ENGINEERING/INSPECTIONS	3,500	1,500	0	
LAKE MAINTENANCE	7,800	500	0	
LITTORAL MAINTENANCE	5,400	500	0	
DRY AREA MAINTENANCE	6,000	500	0	
LIFT STATION MAINTENANCE	6,000	500	0	
TOTAL MAINTENANCE EXPENDITURES	$	28,700	$	3,500	$	-	
				
TOTAL EXPENDITURES	$	136,525	$	94,461	$	71,464	
				
REVENUES LESS EXPENDITURES	$	8,715	$	5,759	$	12,238	
				
BOND PAYMENTS	0	0	0	
				
BALANCE	$	8,715	$	5,759	$	12,238	
				
COUNTY APPRAISER & TAX COLLECTOR FEE	(2,905)	0	0	
DISCOUNTS FOR EARLY PAYMENTS	(5,810)	0	0	
				
EXCESS/ (S+ORTFALL)	$	-	$	5,759	$	12,238	
				
CARRYOVER FROM PRIOR YEAR	0	0	0	
				
NET EXCESS/ (S+ORTFALL)	$	-	$	5,759	$	12,238	

FUND BALANCE AS OF 9/30/24	
FY 2024/2025 ACTIVITY	
FUND BALANCE AS OF 9/30/25	

$0	
$5,759	
$5,759	

AMENDED FINAL BUDGET
FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND - SERIES 2025
FISCAL YEAR 2024/2025 OCTOBER 1, 2024 - SEPTEMBER 30, 2025

REVENUES	FISCAL YEAR 2023/2024 BUDGET 10/1/24 - 9/30/25	AMENDED FINAL BUDGET
10/1/24 - 9/30/25	YEAR TO DATE ACTUAL
10/1/23 - 8/31/25	
Interest Income	0	1,900	1,866	
Bond Proceeds (Debt Service)	0	199,894	199,894	
NAV Assessment Collection	0	0	0	
Total Revenues	$	-	$	201,794	$	201,760	
				
EXPENDITURES				
Principal Payments	0	0	0	
Interest Payments	0	0	0	
Bond Redemption	0	0	0	
Total Expenditures	$	-	$	-	$	-	
				
Excess/ (Shortfall)	$	-	$	201,794	$	201,760	

FUND BALANCE AS OF 9/30/24	
FY 2024/2025 ACTIVITY	
FUND BALANCE AS OF 9/30/25	

$0	
$201,794	
$201,794	

Notes
Reserve Fund Balance = $115,443*. Interest Account Balance = $86,351*. Interest Account To Be Used To Make 11/1/2025 Interest Payment Of $85,519. Capitalized Interest Was Set-Up Through November 2025.
Capital Projects Bond Proceeds = $3,000,106. Total Bond Proceeds = $4,200,000. FY 2024/2025 Cost Of Issuance = $280,325.
Fiscal Year 2024/2025 Capital Outlay = $2,720,842*.
* Approximate Amounts

Series 2025 Bond Information

Original Par Amount =	$3,200,000	Annual Principal Payments Due:	
Interest Rate =	4.65% - 6.00%	May 1st	
Issue Date =	May 2025	Annual Interest Payments Due:	
Maturity Date =

Par Amount As Of 9/30/2025 =	May 2055

$3,200,000	May 1st & November 1st	

RESOLUTION NO. 2025-16

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT ADOPTING AN ANNUAL REPORT OF GOALS, OBJECTIVES, AND PERFORMANCE MEASURES AND STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Forest Oaks Community Development District (the “District”) is a local unit of special-purpose government organized and existing under and pursuant to Chapters 189 and 190, Florida Statutes, as amended; and

WHEREAS, effective July 1, 2024, the Florida Legislature adopted House Bill 7013, codified as Chapter 2024-136, Laws of Florida, and creating Section 189.0694, Florida Statutes; and

WHEREAS, the District adopted Resolution 2024-20 on October 18, 2024, establishing goals and objectives for the District and creating performance measures and standards to evaluate the District’s achievement of those goals and objectives; and

WHEREAS, pursuant to Section 189.0694, Florida Statutes, the District must adopt and publish on its website an annual report prior to December 1st of each year, describing the goals and objectives achieved by the district, as well as the performance measures and standards used by the district to make this determination, and any goals or objectives the district failed to achieve.
WHEREAS, the District Manager has the annual report of the District’s goals, objectives, and performance measures and standards attached hereto and made a part hereof as Exhibit A (the “Annual Report”) and presented the Annual Report to the Board of the District; and

WHEREAS, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution the attached annual report of the goals, objectives and performance measures and standards.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT, THAT:
SECTION 1. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution.

SECTION 2. The District Board of Supervisors hereby adopts the Annual Report regarding the District’s success or failure in achieving the adopted goals and objectives and directs the District Manager to take all necessary actions to comply with Section 189.0694, Florida Statutes.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 25th day of September, 2025.

ATTEST:	FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Exhibit A: Annual Report of Performance Measures/Standards

Exhibit A

Program/Activity:	District Administration
Goal:	Remain compliant with Florida Law for all district meetings
Objectives:
Notice all District regular, special, and public hearing meetings
Conduct all post-meeting activities
District records retained in compliance with Florida Sunshine Laws
Performance Measures:
All Meetings publicly noticed as required (YES)
Meeting minutes and post-meeting action completed (YES)
District records retained as required by law (YES)

Program/Activity:	District Finance
Goal:	Remain Compliant with Florida Law for all district financing activities
Objectives:
District adopted fiscal year budget
District amended budget at end of fiscal year
Process all District finance accounts receivable and payable
Support District annual financial audit activities
Performance Measures:
District adopted fiscal year budget (YES)
District amended budget at end of fiscal year (YES)
District accounts receivable/payable processed for the year (YES)
“No findings” for annual financial audit (NO)
If “yes” explain

Program/Activity:	District Operations
Goal:	Insure, Operate and Maintain District owned Infrastructure & assets
Objectives:
Annual renewal of District insurance policy(s)
Contracted Services for District operations in effect
Compliance with all required permits
Performance Measures:
District insurance renewed and in force (YES)
Contracted Services in force for all District operations (YES)
Permits in compliance (YES)

ADDENDUM TO PROPOSAL BETWEEN THE FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT (“DISTRICT”) AND ATLANTIC ENVIRONMENTAL SYSTEMS, INC. (“CONTRACTOR”) FOR PUMP STATION MAINTENANCE SERVICES

District:	Forest Oaks Community Development District	Contractor:	Atlantic Environmental Systems, Inc.	
Mailing Address:	2501A Burns Rd
Palm Beach Gardens, FL 33410	Mailing Address:	2244 4th Ave. North
Lake Worth, Florida 33461	
Phone:	(877) 737-4922	Phone:	(561) 547-8080	

The following provisions govern Service Agreement #924, dated May 23, 2025, submitted by the Contractor, and attached hereto as Exhibit A (hereinafter referred to as the “Proposal,” and as modified by this Addendum, the “Agreement”) for pump station maintenance services:

Compensation due from the District for the services shall total Three Thousand Two Hundred Forty-Five Dollars ($3,200.00) per year. Payment shall be made, and invoices shall be rendered in accordance with Florida’s Prompt Payment Act, sections 218.70 through 218.80, Florida Statutes. Any increases in price must be approved in writing by the District.

The Contractor or any subcontractor performing the work described in this Agreement shall maintain throughout the term of this Agreement the following insurance:

Workers’ Compensation Insurance in accordance with the laws of the State of Florida.
Commercial General Liability Insurance covering the Contractor’s legal liability for bodily injuries, with limits of not less than $1,000,000 combined single limit bodily injury and property damage liability, including Independent Contractors Coverage for bodily injury and property damage in connection with subcontractors’ operation.
If any automobiles are to be used on the District’s property, Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage, providing 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.

The District, its staff, consultants, agents, and supervisors shall be named as additional insureds (for all coverages except workers’ compensation coverage). The Contractor shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the State of Florida.

To the extent that the Contractor provides any materials or workmanship under this Agreement to the District, the Contractor warrants to the District that the materials that are furnished under this Agreement shall be new, and that the workmanship and materials shall be of good quality, and free from faults and defects. If any such workmanship or materials are found to be defective, deficient, or not in accordance with the Agreement, and without intending to limit any other remedies, the Contractor shall correct, remove, and replace such workmanship or materials promptly at the Contractor’s expense after receipt of a written notice from the District. To the extent that manufacturers’ warranties are available, such manufacturers’ warranties shall extend for the duration of their respective terms, and the Contractor hereby assigns all manufacturers’ warranties, if any, to the District, and shall provide evidence of the same. None of the warranties set forth herein shall cover abuse or abnormal damage occurring after completion of the services and not as a result of the acts or omissions of Contractor (or manufacturers, as applicable). In addition to all manufacturers’ warranties for materials purchased for purposes of this Agreement, which Contractor shall assign to the District, the Services, all labor, and materials provided by

the Contractor pursuant to this Agreement shall be warranted for workmanship for a period of ninety (90) days after final completion and acceptance by the District.

Contractor shall use reasonable care in performing the services and shall be responsible for any harm of any kind to persons or property resulting from Contractor’s actions or inactions. Contractor shall defend, indemnify, and hold harmless the District and the District’s officers, staff, representatives, and agents, from any and all liabilities, damages, claims, losses, costs, or harm of any kind, including, but not limited to, reasonable attorney’s fees, paralegal fees and expert witness fees and costs, to the extent caused, wholly or in part, by any acts or omissions of the Contractor and persons employed or utilized by the Contractor in the performance of the Agreement.

In all matters relating to the Agreement, the Contractor shall be acting as an independent contractor. Neither the Contractor nor employees of the Contractor, if any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance of the Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity.

In performing its obligations under the Agreement, Contractor and each of its employees, agents, subcontractors, or anyone directly or indirectly employed by Contractor shall comply with, and all services rendered shall comply with, all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury, or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment, and other property.

Contractor agrees that nothing in the 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 the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law.

Contractor understands and agrees that all documents of any kind provided to the District in connection with the 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 Michael McElligott (“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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (877) 737-4922; MMCELLIGOTT@SDSINC.ORG; OR 2501A BURNS RD, PALM BEACH GARDENS, FL 33410.

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.

The Contractor agrees to comply with Section 20.055(5), Florida Statutes, to cooperate with the inspector general in any investigation, audit, inspection, review or hearing pursuant such section and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

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.

Contractor acknowledges that, in addition to all laws and regulations that apply to this Agreement, the following provisions of Florida law (“Public Integrity Laws”) apply to this Agreement:

Section 287.133, Florida Statutes, titled Public entity crime; denial or revocation of the right to transact business with public entities;
Section 287.134, Florida Statutes, titled Discrimination; denial or revocation of the right to transact business with public entities;
Section 287.135, Florida Statutes, titled Prohibition against contracting with scrutinized companies;
Section 287.137, Florida Statutes, titled Antitrust violations; denial or revocation of the right to transact business with public entities; denial of economic benefits; and
Section 287.138, Florida Statutes, titled Contracting with entities of foreign countries of concern prohibited.

Contractor acknowledges that the Public Integrity Laws prohibit entities that meet certain criteria from bidding on or entering into or renewing a contract with governmental entities, including with the District (“Prohibited Criteria”).

Contractor acknowledges that the District may terminate this Agreement if the Contractor is found to have met the Prohibited Criteria or violated the Public Integrity Laws.

Contractor certifies that in entering into this Agreement, neither it nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity, meets any of the Prohibited Criteria, and in the event such status changes, Contractor shall immediately notify the District. By entering into this Agreement, Contractor agrees that any renewal or extension of this Contract shall be deemed a recertification of such status.

The Contractor does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, and the Contractor has complied, and agrees to comply, with the provisions of Section 787.06, Florida Statutes.

To the extent any of the provisions of this Addendum are in conflict with the provisions of the Proposal, this Addendum controls.

The Agreement shall be deemed effective as of the date of the full execution of this Addendum.

ATLANTIC ENVIRONMENTAL SYSTEMS, INC.

FOREST OAKS COMMUNITY DEVELOPMENT DISTRICT

By:	 Its:		  Date:		

Chairperson, Board of Supervisors

Date:	

Exhibit A: Proposal

EXHIBIT A
Proposal