Boggy Creek Improvement District
12051 Corporate Boulevard Orlando, FL 32817; Phone: 407-382-3256
www.boggycreekid.org

The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Boggy Creek Improvement District ("District"), scheduled to be held at3:30 p.m. on Tuesday,

January 15, 2019 at 6900 Tav·istock Lakes Blvd, Suite 200, Orlando, FL 32827 .. A quorum

will be confon1ed prior to the start of the meeting.

For those unable to attend in person, you may participate by telephone:

Phone: 1-866-398-2885	Participant Code: 275521

BOARD OF SUPERVISORS' MEETING AGENDA

Organizational Matters

•	Roll Call to Confirm a Quorum

•	Public Comment Period
1.	Swearing in Newly Elected Board Members
2.	Consideration  of the Min utes  of the December 18,  2018 Board  of Supervisors'

Meeting

Business Matters

•	Consideration of Authorization to Issue Request for Qualifications for Traffic Signal

Design
3.	Consideration of FY 2018 Audit Engagement Letter

4.	Consideration of District Management and Assessment Consultant Agreement

5.	Consideration of Financial Advisory Agreement
6.	Consideration  of Resolution  2019-03,  Designating  District  Manager,  Assessment

Consultant and Financial Advisor

7.	Ratification of Requisition Nos. 2018-40 - 42, 2018-44 & 45, 2018-47 & 48 Approved in December 2018 in au amount totaling $40,111.54

8.	Ratification of Operation and Maintenance Expenditures Paid in December 2018 in an amount totaling $122,376.87
9.	Recommendation of Work Authorizations/Proposed Services (if applicable)
10.	Review of District's FinanciaJ J>osition and Budget to Actual YTD

Otber Business

A.	Staff Reports
1.	District Counsel

2.	District Manager
3.	District Engineer
4.	Constnt.ction Supervisor

5.	Irrigation Specialist

	B.  Audience Comments, Supervisor Requests

Adjournment

BOGGY CREEK

IMPROVEMENT DISTRICT

Oath of Office

BOGGY CREEK IMPROVEMENT DISTRICT		
BOARD OF SUPERVISORS		
OATH OF OFFICE			
I,__________, A CITIZEN OF THE STATE OF FLORJDA AND OF THE		
UNITED  STATES  OF  AMERJCA,  AND  BEING  EMPLOYED	BY OR AN  OFFICER  OF		
			
BOGGY CREEK IMPROVEMENT DISTRJCT AND A RECIPIENT OF PUBLIC FUNDS AS		
SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I		
WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE		
OF FLORJDA.				
Board Supervisor				
ACKNOWLEDGMENT OF OATH BEING TAKEN		
STATE OF FLORIDA				
COUNTY OF ORANGE				
The foregoing oath was administered before me this	__ day of ___, 2019, by		
_____________, who personally appeared before me, and is personally		
known to me or has produced __________	as identification, and is the person		
				
described in and who took the aforementioned oath as a Member of the Board of Supervisors of		
Boggy Creek Improvement District and acknowledged to and before me that he/she took said oath		
for the purposes therein expressed.				
(NOTARY SEAL)				

Notary Public,

State

of

Florida

Print Name:

-------------

Commission No.:

_____

Expires:

__

_

BOGGY

CREEK

IMPROVEMENT DISTRICT

Minutes
Board

of

of

the December 18, 2018

Supervisors' Meeting

BOGGY CREEK IMPROVEMENT DISTRICT

BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the

on Tuesday,  December  18, 2018  at 3:30

Orlando, FL 32827. Members listed below

Richard Levey

Damon Ventura

Thad Czapka

Also, attending:

Lynne Mullins

Tucker Mackie

Jeff Newton

Larry Kaufmann

Troy Davidson

Scott Thacker

Derek Ryan

Boggy Creek Improvement District was called to order

p.m.  at the 6900 Tavistock Lakes Blvd.,  Suite 200,

constituted a quorum.

Chair

Vice-Chair

Assistant Secretary

Fishkind & Associates, Inc.

Hopping Green & Sams

Donald W. McIntosh Associates

Construction Supervisor

Construction Committee

Construction Committee

Omegascapes

SECOND ORDER OF BUSINESS	Public Comment Period

Mr. Levey called for any public comments on any agenda items.

Mr.  Ryan introduced himself as Associate  Supervisor on the  Orange County Soil  and Water

Conservation Board. He thought he would help the Orange County Soil and Water Conservation

Board by attending these types of meetings.

THIRD ORDER OF BUSINESS	Swearing in Newly Elected

Board Members

Ms. Mullins stated for the record that she administered oath

Czapka prior to the meeting.

of

office to Mr. Ventura and Mr.

1

FOURTH ORDER OF BUSINESS

Consideration of Minutes of

the	November	19,	2018

Board	of	Supervisors'

Meeting

Board  Members  reviewed the  minutes  from  the November  19,  2018  Board  of Supervisors'

Meeting.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for

the Boggy Creek Improvement District approved the Minutes of the November 19, 2018 Board of

Supervisors' Meeting.

FIFTH ORDER OF BUSINESS

Consideration of Minutes of	
the   November	20,   2018	
Landowners'	Election	
Meeting		

Board  Members  reviewed  the  minutes  from  the November  20,  2018	Landowners'	Election

Meeting.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for

the	Boggy  Creek  Improvement  District  approved  the  Minutes	of the  November  20,	2018

Landowners' Election Meeting.

SIXTH ORDER OF BUSINESS

Consideration of

2019-02, Election

Resolution

of Officers

Ms. Mullins explained that this would add her as an Assistant Secretary. Mr. Levey asked if the Board wanted to keep the current slate of officers and add Ms. Mullins as an Assistant Secretary.

2

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for

the Boggy Creek Improvement District approved Resolution 2019-02, Election of Officers, as

follows; Mr. Richard Levey as Chair, Mr. Damon Ventura as Vice-Chair, Ms. Jennifer Walden as

Secretary, Dr. Hank Fishkind, Ms. Lynne Mullins, Ms. Heather Isaacs, Mr. Scott Gasaway, and

Mr. Thad Czapka, as Assistant Secretaries, Dr. Hank Fishkind as Treasurer, and Ms. Jennifer

Glasgow as Assistant Treasurer.

SEVENTH ORDER OF BUSINESS

Consideration

Master

of	OUC

Lighting

Installation,	Upgrade	and

Service	Agreement	for

Nemours	Parkway  West	-

Tabled

Mr. Kaufmann requested that this be continued to the next meeting as there has been a change in

design for the streetlights. No action was required.

SIXTH ORDER OF BUSINESS	Consideration

Amendment to

Services

of

Engineering

Mr. Kaufmann presented a letter addressed to the Board from Mr. Newton with Donald W. McIntosh Associates. The letter requests an update to the engineer's hourly rates as shown in the letter. He noted that this is the first time they have requested a raise in hourly rates in 15 years of service. The rates are comparable to other engineers of equal experience and ability.

On Motion by Mr. Ventura, second by Mr. Czapka,all with

the  Boggy  Creek  Improvement  District  approved  the

(Schedule Rate 12).

in favor, the

Amendment

Board of Supervisors for to Engineering Services

SEVENTH ORDER OF BUSINESS

Consideration	of	Proposal

from	Traffic	Control

Devices for Signalization at

3

EIGHTH

ORDER

OF

BUSINESS

Lake  Nona  Boulevard  and	
Helios Boulevard - Tabled	
Ratification	of	Requisition	
Nos.  2018-030	&  2018-031,	
2018-33		2018-39	
Approved	in	November	
2018 in an amount totaling	
$797,490.68			

Board Members reviewed Requisition Nos. 2018-030 & 2018-031, 2018-33	2018-39 approved	
in November 2018 in an amount totaling $797,490.68.		
Ms. Mullins noted that these have already been approved and paid and just need to be ratified by	
the Board.		
On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for	
the Boggy Creek Improvement District ratified Requisition Nos. 2018-30 & 2018-31, 2018-33 -	
2018-39 approved in November 2018 in an amount totaling $797,490.68.		

ELEVENTH ORDER OF BUSINESS

Ratification	of	Operation	
and	Maintenance	
Expenditures		Paid	in	
November   2018	in	the	
amount totaling $12,884.28	

Board Members reviewed the Operation & Maintenance expenditures paid in November 2018 in

the amount totaling $12,884.28

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for

the Boggy Creek Improvement District ratified the Operation and Maintenance expenditures paid

in November 2018 in the amount totaling $12,884.28.

4

TWELFTH ORDER OF BUSINESS

Recommendation	of  Work

Authorizations/Proposed

Services

Mr.

Kaufmann stated that there

were

no

work authorizations for this District

THIRTEENTH ORDER OF BUSINESS

Review	of	District's

Financial	Position	and

Budget to Actual YTD

Board Members reviewed the Statement

budget by about $22,000.00.

of

Financial Position. The District

is

currently under

FOURTEENTH ORDER OF BUSINESS	Staff Reports	
District Counsel -	No Report		
District Manager -	No Report		
District Engineer -	Mr.  Newton  distributed  the  Construction  Status  Memorandum	
	(Minutes Exhibit A).	He  stated that for Nemours  West &  Lift	
	Station IO the project	is drawing to a close but the Contractor is	
	having trouble getting their sewer inspected by the City. Mr. Newton	
	is working with the Developer's representatives and District staff,	
	who are in tum working with the City and the Contractor to ty to	
	resolve that.		
	Mr. Newton stated that all the striping has been done at Veterans	
	Way.  The  traffic  signal  changes  have  been  made.  The  lead-lag	
	phasing has been done  at both intersections.  There are concerns	
	about detection at Tavistock Lakes Boulevard intersection. Traffic	
	Control Devices has been informed and are supposed to fix that. Mr.	
	Kaufmann stated that it was turned over to the City and it is an issue	
	for the City to resolve.		
	Mr. Levey asked if it has improved the situation at Veterans and the	
	two intersections. Mr. Newton stated that it has improved somewhat	
	but there  is  an issue	with the phasing in which Traffic  Control	

5

Devices is allowing a discretionary left tum that they should not be allowing. The Construction Committee is trying to see if they can get the City to change it again.

Mr. Newton explainedMedicalthat	City Drive Phase 2 they are still

investigating the gapthein	reclaimed watermain. Mr. Levey asked

if the money the Board authorized for Medical City Drive is sufficient. Mr. Newton replied that he does not lmow because it's an evolving issue. The latest discovery is that there is an inoperable valve that is also contributing to the problem. There was no Board action required.

Mr. Newton explained that Nemours Parkway Phase 7 is starting construction.

Construction Supervisor -	No Report

Inigation Specialist-	No Report

FIFTEENTH ORDER OF BUSINESS	Supervisor and Audience

Comments & Adjournment

There were no Supervisor requests or audience comments. Mr. Levey requested a motion to adjourn.

On Motion by Mr. Czapka, second by Mr. Ventura, with all in favor, the December 18, 2018 Meeting of the Board of Supervisors for the Boggy Creek Improvement District was adjourned.

Secretary/Assistant Secretary	ChairNice Chair

6

MEMORANDUM

Exhibit A

DoNALD W. MclNTosH

ASSOCIATES,	INC.

DATE:	December 18, 2018		
			
TO:	Boggy Creek Improvement District		
	Board of Supervisors		
FROM:	Donald W. McIntosh Associates, Inc.		
	District Engineer		
RE:	Construction Contract Status		

Dear Board Members,

Please accept this summary of our construction contract status. Listed below by project is a brief summary of recent contract activity. Copies of the latest Change Order logs are attached.

CIVIL ENGINEERS

LAN□ PLANNERS

SURVEYORS

Lake Nona Nemours Parkway West and Lift Station No. 10- Jon M. Hall Company	
Construction  Status:	The  City's  video  crew  left the  site  without  conducting the  video	
inspection of the sanitary sewer, claiming that the project was not ready for inspection.  This	
matter is being managed by the Contractor and representatives of the Developer.  Paving is	
currently scheduled for January 14, 2019, but will continue to be delayed until completion and	
acceptance of the sanitary sewer by the City.  A signal warrant study for the intersection of	
Lake Nona Boulevard and Helios Boulevard was submitted to the City on August 31, 2018,	
and  is  still under review.   Signal plans have  been prepared for this  intersection and were	
submitted to the City for review on November 29, 2018,  and are still under review.   The	
Developer has requested that utility sleeves be installed under the road in order to provide	
future utility services to potential development on the land lying north of the project.  These	
sleeves  will  likely result  in  a change  order request from  the  contractor.   District  Staff is	
coordinating with the Developer regarding a proposed change in lighting fixtures from cobra	
heads to straw hats, which could require a plan change and a construction change order to	
relocate junction box locations that have already been installed.	
Change Order (C.O.) Status:  None at this time.	
Recommended Motion:	None at this time.	

2200 Park Ave. North

Winter Park, FL

32789-2355

Fax 407-644-8318

Lake  Nona  Boulevard  Intersection  Modifications:  Tavistock  Lakes  Boulevard  and	
Veterans Way- Jon M. Hall Company	
Construction Status:	Striping on Veterans Way north of Lake Nona Boulevard has been	
completed.		
Change Order (C.O.) Status:  None at this time.	
Recommended Motion:  None at this time.	

407-644-4068

F:\Proj2003\232 l

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http://www.dwma.com

Memorandum

Re:	Boggy Creek Improvement District

Construction Contract Status

December 18, 2018

Page 2

Lake Nona Boulevard Traffic Signals: Tavistock Lakes Boulevard, Veterans Way, and

Nemours Parkway - Traffic Control Devices

Construction

there are still a

resolved.

Status:  Lead-lag phasing

few issues with detection

has been implementedbothat	intersections, although

and simultaneous left turn movements that need to be

Change Order (C.O.) Status:

None at this time.

Recommended Motion:

None

atthis

time.

Medical City Drive Phase 2 - Jr. Davis Construction	
Construction Status:	The  District Board previously authorized an  expenditure of not to	
exceed $32,620.00 to reimburse the Developer for additional work associated with a missing	
segment of reclaimed water main.  Subsequently the District Board authorized an additional	
expenditure of $20,000the.00 to reimburse	Developer for further investigation and repair of a	
second  separation  the  existing  reclaimed  water  main.   District  Staff received  additional	
information identifying the second separation in the reclaimed water main on December 5,	
2018, and is following up with the Contractor on a plan and cost to reinstate the reclaimed	
water conneetion.  The FDEP clearance for the potable water system was issued on October	
25, 2018, and the.final	lift of asphalt was installed throughout the project following removal	
of the water system sample points.  The City final inspection was completed on December 12,	
20,18, and DWMA is following up with the Contractor on the final as-built surveys and related	
documents needed for project close-out.		

Change Order (C.O.) Status:

None at this time.

Recommended Motion:

None at this time.

Nemours Parkway Phase

7 -

Jr. Davis Construction, Inc.

Construction Status:	The Contractor is continuing with the installation of the underground		
storm and sanitary sewer systems and has initiated in.stallation of the pressure utilities (i.e.,		
potable and  reclaimed water systems);	DWMA received  a response  from the City Water		
Reclamation Division following .a request th<J.t  the City investigate leakage into an existing		
sanitary sewer manhole at the point of connection for the Phase 7 western.sewer	system.  The		
			
City response indicated that the leakage is occurring at an existing pipe plug on the downstream		
side of the manhole.   DWMA  is  continuing to coordinate with the Contractor and further		
observe the leakage during the co.nnecti.on to the downstream side of the existing manhole.		
District Staff is  coordinating with the. Developer regarding a proposed  change  in  lighting		
fixtures fron:i  cobra heads to straw hats,  which may require a plan change to show revised		
junction box locations.					

F:\Proj20031232

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2200

PARK

DONALD W.  MclNTOSH Associates,  Inc.
AVENUE N,ORTH, ~INTER PARK, FLORIDA 32789-2355 • (407) 644-4068 • FAX

(407)

644-8318

I

lvlemorandum

Re:	Boggy Creek Improvement D;strkt

Constructfon Contract Status

December 18, 2018

Page 3

Charige Order (C.O.) Status: None at this time.

Recommended

.

Should there be

Th,,mkyou.

Motion:  None at tllis _time.

.  .

any questions, please aqvise.

End of memorandum.

c:	Larry Kaufmann

Troy Davidson

Sc.ott Thacker

Lance Jackson

James C. Nugent

Tarek Fahmy

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2200

PARK

DONALD W.  MclNTOSH Associates,  Inc.
AVENUE NORTH, WINTER PARK, FLORIDA 32789-2355 • (407) 6444068 • FAX

(407)

644-8318

C.0.#

1
/RCO1)

i
/RCO2)

~

/RCO5l

1
/RCO3)

§

/RCO7}

Date	Description of Revision

Change Order per revised plans 12/18/17 -
2/20/2018
1/4/18, and add 15 days

Add Turn Lane Modifications at Tavistock
2/23/2018
Blvd and at Vetrans Way

Direct Owner Purchase Materials - Mack

3/22/2018	$172,274.38, Ferguson $854,545.14, Rinker

$279,532.54

Change order Per Plan Revision dated 2/20/2018 2/19/18. (For City requested changes to
access road and precast materials.)

Change Subcontactor for Telecom Conduit
5/4/2018
(telecom conduit to be funded by developer)

LAKE NONA SOUTH

Boggy Creek Improvement District

Nemours Parkway West and Lift Station No. 10

Jon M. Hall Company

Change Order Log

Additional			New					
	Amo~nt	Status	.Contract Amount	To Board	Approval Date	Notes		
Days··			Original Cpntract .Date					
					.·			
			1/5/1:S			.		
			• $9;231,392.00		h•.			
15	$14,124.25	Approved	$9,245,516.25	2/20/2018	2/20/2018			
15	$132,054.00	Approved	$9,377,570.25	2/20/2018	2/20/2018			
0	($1,306,352.06)	Approved	$8,071,218.19	4/17/2018	4/17/2018			
10	$132.157.52	Approved	$8,203,375.71	6/19/2018	6/19/2018			
0	($103,532.32)	Approved	$8,099,843.39	6/19/2018	6/19/2018			

§

4/3/2018

Off-site road modifications per City plan

15	$75.421.10	Approved	$8,175,264.49	6/19/2018	6/19/2018	

/RCO4l

7

(RCO6)

8

(RCO8)

review comments.

Utility stub-outs requested by the Town
5/4/2018
Center engineer.

6/8/2018
Addition of median to Nemours West and
revised on
associated changes.
7/31/18

5	$27,142.20	Approved	$8,202.406.69	7/17/2018	7/17/2018	
55	$263,540.66	Approved	$8.465,947.35	8/23/2018	8/23/2018	

9

8/14/2018

Landscape/ Irrigation revised irrigation

0	$20,126.64	Approved	$8.486,073.99	8/23/2018	8/23/2018	

(RCO 11)

10

(RCO 12)

11

(RCO 10)

12

(RCO 13)

13

(RCO 16)

14{email)

fittings

8/15/2018	Forcemain Wet Relocation

Landscape/ Irrigation revised Landscape
7/17/2018
plans

Add paving per revision #6, Add water per
8/24/2018
RFI #26, Add sleeving per Owners request.

10/16/2018	Earthwork - Soil Fracturing

11/9/2018	Add Stop Bar

3	$10,187.40	Approved	$8.496,261.39	8/23/2018	8/23/2018	
20	$25,717.62	Approved	$8,521,979.01	10/16/2018	10/16/2018	
2	$6,262.80	Approved	$8,528,241.81	10/16/2018	10/16/2018	
10	$14,141.28	Approved	$8,542,383.09	10/16/2018	10/16/2018	
0	$1,600.00	Approved	$8,543,983.09	11/19/2018	11/19/2018	

F:\Forms\Construction\Logs\CDD LOGS.xis	CO Nemours West Boggy	12/17/2018	Page 1

LAKE NONA SOUTH

Boggy Creek Improvement District

Nemours Parkway West and Lift Station No. 10,

Jon M. Hall Company

Change Order Log

							New		'			
				Additional					',,			
C.0.#		Description of Revision			Amount	Statuli	Contract Amount	To8oai'd				
	Date								Approval Date	'Notes		
			1	Days			Original Contract Date					
												
							115/18					

DaystoSUbstantial•Completion	3'45	.• , Revised Contract A:mour\t I ' ··· $8 5<43	983'.09.	I'	·,,		
							
Days to Confract Completion	375						

F:\Forms\Constructionllogs\CDD LOGS.xis	CO Nemours West Boggy	12/17/2018	Page 2

LAKE NONA SOUTH

Boggy Creek Improvement District

Lake Nona Blvd. Traffic Signal Modification at Tavistock Lakes Blvd and Veterans Way Roadway

Change Order Log

Jon M. Hall Company

			Additional			New					
C.0.#	Date	Description of Revisio~		Amount	Status	Contract Amount	To Board	Approval Date	Notes		
			Days			Original Contract Date					
											
								'			

F:\Forms\Construction\Logs\CDD LOGS.xis	CO LNB Traf Signal Rd Boggy (2)	12/17/2018	Page 1

LAKE NONA SOUTH

Boggy Creek Improvement District

Lake Nona Blvd. Traffic Signal Modification at Tavistock Lakes Blvd and Veterans Way - Signal

Change Order Log

Traffic Control Devices

			Additional				New						
C.0.#	I	Description of Revision		Amount	Status	··	Contract Amount	To Board		Approval Date	Notes		
	Date		Days				Original Contract Date		..				
													
							$40;025.00						
CO#1		Lake Nona Boulevard and Nemours Parkway		$126,124.30	Approved		$166,149.30	8/23/2018		8/23/2018			
		Traffic Signal Modifications											
													
CO#2		Temporary Signal		$14,185.50	Approved		$180,334.80	9/18/2018		9/18/2018			

F:\Forms\Construction\Logs\CDD LOGS.xis	CO LNB Traf Signal Boggy (3	12/17/2018	Page 1

LAKE NONA SOUTH

Boggy Creek Improvement District

Medical City Drive Phase 2

Change Order Log

NOTCDD

						New	.·.				
			Additional								
C.0.#	Date	Description of Revision		Amount	Status	Contract Amount	To Board	.\\pproval .. Date	Notes		
						Original .ConlractDate					
			Days				.	..·. .	"		
						.·					

F:\Forms\Construction\Logs\CDD LOGS.xis	CO Medical City Dr Ph 2	12/17/2018	Page 1

BOGGY

CREEK

IMPROVEMENT

DISTRICT

FY

2018

Audit Engagement Letter

951 Yamato Road • Suite 280

Boca Raton, Florida	33431
(561) 994-9299 • (800) 299-4728

Fax (561) 994-5823

WW\N.graucpa.com

January 11 , 2019

To Board of Supervisors
Boggy Creek ImprovementDis	trict

12051 Corporate Blvd.

Orlando, FL 32817

We aredt please o confirm our understanding of the services we are to provide Boggy Creek Improvement District, Orange County, Florida ("the District") for the fiscal year ended September 30, 2018. We will audit the financial statements of the governmental activities and each major fund, including the related notes to the financial statements, which collectively comprise

the basic financial statements Boggyf Creek Improvement District as of and for the fisca l year ended September 30, 2018. In addition, we will examine the District's compliance with the requirements of Section 218.415 Florida Statutes. This letter serves to renew our agreement and establish the terms and fee for the 2018 audit.

Accounting standards generally accepted in the United States of America provide for certain required supplementary Information (RSI), such as management's discussion and analysis (MD&A), to supplement the District'sbasic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who conslders it to be an essential part of financial reporting for placg in the basic financial statements In an appropriate operational, economic, or historical context. As part rof ou engagement, we will apply certain limited procedures to the District's RSI in accordance with auplting standards generally accepted in !he United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for oonslstency with management'sresponses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express ani op nion or provide any assurance on the Information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:

1)	Management'sDiscussion and Analysis.

2)	Budgetary comparison schedule

Audit Objectives

The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to ieport on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the fin ancial statements as a whole. Our audit Will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the District and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the District'sfinancial statements. We cannot provide assurance that an unmodified opinion WIii be expressed. Circumstances may arise In which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs.r If ouioopin n on the financial statements is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or
have not formed an opinion,	we may decline to express an opinion or Issue a report, or may withdraw from this engagement.

We will also provide a report (that does not include an opinion) on internal control related to the nnancial statements and compliance with the provisions of laws, regulations, contrac ts, and grant agreements, noncompliance With which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the District'sInternal control on compliance, and (2) that the report Is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control and compliance. The paragraph Will also state that the report Is not suitable for any other purpose. If during our audit we become awc1re that the District is subjec to an audit requirement that is not encompassed In the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.

Boggy Creek Improvement District			2		
							
We acknowledge that the District must submit its annual Audit to the Auditor General no later than nine (9) months after the end		
of the audited fiscal year.  Accordingly, we will deliver a draft audit to the District no later than April 30, 2019. All accounting		
records (including, but not limited to, trial balances, general ledger detail, vendor files, bank and trust statements, minutes, and		
confirmations) for the fiscal year ended September 30, 2018 must be provided to us no later January 31, 2019, in order for us		
to deliver a draft audit to the District no later than April 30, 2019.				
Examination Objective						
The objective of our examination	is the expression of an opinion as	to whether the District is in compliance with Florida Statute		
218.415 in	accordance with Rule 10.556(10) of the Auditor General	of the State of Florida. Our examination will be conducted		
in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include		
tests of your records and other procedures we consider necessary to enable us to express such an opinion. We will issue a		
written report upon completion of	our examination of the District'scompliance. The report will include a statement that the report		
is intended solely for the information and use of management, those charged with governance, and the Florida Auditor General,		
and is not intended to be and should not be used by anyone other than these specified parties. We cannot provide assurance		
that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or		
add emphasis-of-matter or other-matter paragraphs. If our opinion on the District'scompliance is other than unmodified, we will		
discuss the reasons with you in advance. If, for any reason, we are unable to complete the examination or are unable to form or		
have not formed an opinion, we may decline to express an opinion or issue a report, or may withdraw from this engagement.		
Other Services						
We will assist in preparing the financial statements and related notes of the District in conformity with U.S. generally accepted		
accounting	principles  based  on	information  provided  by you.  These  nonaudit services do  not constitute  an  audit under		
Government Auditing Standards	and such services will not be conducted in accordance with	Government Auditing Standards.		
The other services are limited to the financial statement services previously defined. We, in	our sole professional judgment,		
reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management		
responsibilities.						
Management Responsibilities						
Management is responsible for compliance with Florida Statute 218.415 and will provide us with the information required for the		
examination. The accuracy and completeness of such information is also management'sresponsibility. You agree to assume all		
management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide.		
You will be required to acknowledge in the management representation letter our assistance with preparation of the financial		
statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their		
issuance and have accepted responsibility for them. In addition, you will be required to make certain representations regarding		
compliance with Florida Statute 218.415 in the management representation letter. Further, you agree to oversee the nonaudit		
services  by designating  an  individual,  preferably  from  senior management,  who  possesses  suitable  skill,  knowledge,  or		
experience; evaluate the adequacy and results of those services; and accept responsibility for them.		
Management is responsible for designing, implementing and maintaining effective internal controls, including evaluating and		
monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and		
ensuring that management and financial information is reliable and properly reported. Management is also responsible for		
implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You		
are also responsible for the selection and application of	accounting principles, for the preparation and fair presentation of the		
financial statements and all accompanying information in	conformity with U.S. generally accepted accounting principles, and for		
compliance with applicable laws and regulations and the provisions of contracts and grant agreements.		
Management is also responsible for making all financial records and related information available to us and for the accuracy and		
completeness of that information. You are also responsible for providing us with (1) access to all information of which you are		
aware that	is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may		
request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it		
necessary	to obtain audit evidence.					
Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the		
written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement		
and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements		
taken as a whole.						
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing		
all us about	known or suspected fraud affecting the government involving (1) management, (2) employees who have significant		
roles  in  internal control,  and  (3)  others where  the  fraud  could  have  a material  effect on	the financial  statements.  Your		
responsibilities include informing	us of your knowledge of any allegations of fraud or suspected fraud affecting the government		
received in	communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible		
for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants		
and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts		
or grant agreements, or abuse that we report.					

Boggy

Creek

Improvement

District
3

Management  is  responsible  for  establishing  and  maintaining  a  process  for  tracking  the  status  of  audit  findings  and	
recommendations. Management	is also responsible for identifying and providing report copies of previous financial audits,	
attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section	
of  this  letter.  This  responsibility  includes  relaying  to  us  corrective  actions  taken  to	address  significant  findings  and	
recommendations resulting from those audits, attestation engagements, performance audits, or other studies.	You	are also	
responsible for providing management'sviews on our current findings, conclusions, and recommendations, as	well	as your	
planned corrective actions, for the report, and for the timing and format for providing that information.						
With regard to including the auditor'sreport in an exempt offering document, you agree that the aforementioned auditor'sreport	
will not be included	in any such offering document without our prior permission or consent. Any agreement to perform work	in	
connection with an	exempt offering document, including an agreement to provide permission or consent, will	be a separate	
engagement.										
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically	
on	your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required	
to	read the information contained	in these sites or to consider the consistency of other information	in the electronic site with the	
original document.										
Audit Procedures-General									
An	audit includes examining, on	a test basis, evidence supporting the amounts and disclosures	in	the financial statements;	
therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested.	An audit	
also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting	
estimates made by management,	as well as evaluating the overall presentation of the financial statements. We will plan and	
perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material	
misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation	of assets, or (4) violations of laws	
or governmental regulations that are attributable to the government or to acts by management or employees acting on	behalf of	
the government. Because the determination of abuse is subjective, Government Auditing Standards	do not expect auditors to	
provide reasonable assurance of detecting abuse.								
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will	
not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be	detected	
by	us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards	
and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of	
laws or governmental regulations that do not have a direct and material effect on the financial statements. Our responsibility	as	
auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged	as	
auditors.										
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may	
include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities	
by correspondence with selected individuals, funding sources, creditors,  and financial institutions.	We will	request written	
representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the	
conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial	
statements; compliance with laws, regulations, contracts, and grant agreements;responsibilitiesandother		required by generally	
accepted auditing standards.									
Audit Procedures-Internal Control								
Our audit will include obtaining an	understanding of the government and its environment, including internal control, sufficient to	
assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit	
procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to	
preventing  and detecting errors	and  fraud that are material to the financial statements and to preventing	and  detecting	
misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect	on the financial	
statements. Our tests, if performed, will be less in scope than would be necessary to render	an opinion on internal control and,	
accordingly, no opinion will be expressed in our report on internal control issued pursuant to	Government Auditing Standards.	

An audit is not designed to

However, during the audit,

matters that are required to

provide assurance on internal control or to identify significant deficiencies or material weaknesses.

we will communicate to management and those charged with governance internal control related

be communicated under AICPA professional standards and Government Auditing Standards.

Audit Procedures-Compliance

As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District'scompliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

8oggy Creek Improvement D istrict
4

Engagement Administration, Fees, and Other

We understand that your employees will prepare all confirmations we request and will locate any documents selected by us for testing.

The audit documentation for this engagement is the property of Grau & Associates and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or Its deslgnee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or lo carry out oversight responsibilities. W e wlll notify you of any such reques,t. If requested access to such audit documentation will be provided under the supervision of Grau & Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may Intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the foregoing, the parties acknowledge that various documents reviewed or prod uced during the conduct oft the audi may be public records under Florida law. The District agrees to notify Grau & Associates of any public record request It receives U1at involves audit documentation.

The auditor agrees and understands that Chapter 119, Florida Statutes, may be applicable to documents prepared in connection with the services provided hereunder and agrees to cooperate with public record requests made thereunder. In connection with this Agreement, the auditor agrees to comply With all provisions of Florida'spublic records laws, including but not llmlted to Section 119.0701, Florida Statutes, the terms of which are Incorporated herein. Among other requirements, the auditor must:

a.	Keep and maintain public records required by the District to perform the service.

b.	Upon request from the District'scustodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.

c.	Ensure that public records that are exempt or confidentlal and exempt from public records disclosure requirem ents are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the auditor does not transfer the records to the District.
d.	Upon completion of this Agreement, transfer, at no cost, to the District all public records in possession of the auditor or keep and maintain public records required by the District to perfo rm the service. If the auditor transfers all public

record s to the District upon completion of this Agreement, the auditor shall destroy any duplicate public records that are exempt or confidential and exem pt from public records disclosure requirements. If the auditor keeps and

maintains public record s upon completion of the Agreement, the auditor shall meet applicabll le requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District'scustodian of public records, in a format that is compatible wlth the information technology systems of the District.

IF THE AUDITOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AUDITOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, JENNIFER WALDEN, C/O FISHKIND & ASSOCIATES, INC., 12051 CORPORATE BLVD., ORLANDO, FL 32817, 407-382-3256, lenniferw@fishklnd.com .

Our fee for these services will not exceed $5,900 for the September 30, 2018 audit.	The fee for each annual renewal will be

agreedseparaupon	tely.

We will complete tthe audi within prescribed statutory deadlines, with the understanding that your emopl yees will provide information needed to perform the audit on a timely basis.

The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee Is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed o ur report, You will be obligated to compensate us for all time expended and to reimburse us for all o ut-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss ii with you and arrive at a new fee estimate.

This agreement may be renewed each year thereafter subject to the mutual agreement by both parties to all terms and fees. The fee for each an nual renewal will be agreed upon separatel}'.

Boggy Creek Improvement District
5

The District has the option to terminate this agreement with or without cause by providing thirty (30) days written notice of termination to Grau & Associates. Upon any termination of this agreement, Grau & Associates shall be entitled to payment of all work and/or services rendered up until the effective termination of this agreement, subject to whatever claims or off-sets the District may have against Grau & Associates.

We will provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2016 peer review report accompanies this letter.

We appreciate the opportunity to be of service to Boggy Creek Improvement District and believe this letter accurately summarizes the significant term s of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this fetter, please sign the enclosed copy and return It to us.

Very truly yours,

Grau & Associates

Antonio J . Grau

RESPONSE:

This letter correctly sets forth the understanding of Boggy Creek Improvement District.
By:------	-----------
Title: ___________________
Date: _	_________________  _

, AICPAJ

PEER REVIEW PROGRAM

is proud to present this

Certificate of Recognition

to

Grau & Associates

For having a system of quality control for its accounting and auditing practice in effect for the year
ended June 30, 2016 which has been designed to meet the requirements of the quality control standards
for an accounting and auditing practice established by the AICPA and which was complied with during the year
then ended to provide the firm with reasonable assurance of conforming with professional standards.

~~
Anica Ford. Chair
AICPA P«r Review Beard

2016

BOGGY

CREEK

IMPROVEMENT

DISTRICT

District Management and Assessment

Consultant Agreement

MANAGEMENTDISTRICT	AND ASSESSMENT CONSULTANT AGREEMENT

This District Management Agreement (this "Agreement"), made and entered into this 15th day of January, 2019 (the "Effective Date") by and between Boggy Creek Improvement District ("DISTRICT") and Fishkind & Associates, Inc. (hereinafter called the "MANAGER") sets forth the terms and conditions under which MANAGER shall provide services.

WHEREAS, the DISTRICT desires to obtain the services of a MANAGER to provide District Management Services; and

WHEREAS, MANAGER is capable of providing the necessary services.

NOW, THEREFORE, in consideration of the above mentioned premises and intending to be legally bound hereby, the DISTRICT and MANAGER agree as follows:

I.	SCOPE OF SERVICES

MANAGER shall provide District Management Services as set forth in Exhibit A to this Agreement. Any material changes in or additions to the scope of services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement. Services provided by MANAGER which are not specifically referenced in the scope of services set forth in Exhibit A of this Agreement shall be completed as agreed in writing in advance between the DISTRICT and MANAGER. Upon request of DISTRICT, MANAGER or an affiliate of MANAGER may agree to additional services to be provided by MANAGER or an affiliate of MANAGER, by a separate agreement between the DISTRICT and MANAGER or its respective affiliate.

II.	WORK SCHEDULE

The services of MANAGER are to commence as soon as practicable after the execution of this Agreement and a request by the DISTRICT for such service.

III.	COMPENSATION

For the services provided under this Agreement, MANAGER's professional fees shall be paid as provided in Exhibit B to this Agreement and DISTRICT shall pay expenses and fees for other services not set forth in Exhibit A as provided below.

1.	Reimbursable Expenses

In addition to fees for services, MANAGER will be reimbursed for necessary, reasonable, and documented out-of-pocket expenses incurred, including travel, meals, lodging, telephone, mail, and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing and computer time which are incurred by MANAGER only as authorized by the DISTRICT's approved budget. Documentation of such expenses will be provided to the DISTRICT upon request.

2.	Other Services

Rev.. 12.3.2018	1

Any services which are not included in the scope of services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures.

IV.	TERM AND TERMINATION

This Agreement shall be effective from the Effective Date and shall continue until te1minated by either party as provided herein. The DISTRICT has the right to terminate this Agreement for "good cause" which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by the MANAGER which, in each case, the MANAGER fails to cure within 10 days of notice thereof. Termination for "good cause" shall be effected immediately by provision of written notice to MANAGER. Either party hereto shall have the right to te1minate this Agreement, at any time and for any reason whatsoever, upon (i) the DISTRICT providing to the MANAGER a minimum of thirty (30) days advance written notice of its intention to terminate or (ii) the MANAGER providing to the DISTRICT a minimum of sixty (60) days advance written notice of its intention to te1minate. All notices shall be mailed to the person and address specified for use in the giving of notice, in paragraph 10, hereof. Should the relationship be terminated, MANAGER will be paid for all services performed and costs and expenses incurred up to the termination date.

V.	ASSIGNMENT

Neither party may assign this Agreement or its rights or obligations hereunder without the prior written consent of the other; provided, however, that MANAGER may, upon notice to the DISTRICT, assign MANAGER's rights and obligations under this Agreement to any subsidiary or affiliate of MANAGER or a successor of MANAGER in connection with the sale of all or substantially all of MANAGER's assets. Subject to the foregoing, this Agreement shall be binding on the parties hereto and their respective successors and assigns.

VI.	OWNERSHIP OF INFORMATION, REPORTS, AND DATA

All information, data, reports, and records in the possession of the DISTRICT or any third party necessary for carrying out any services to be performed under this Agreement ("Data") shall be furnished to MANAGER and the DISTRICT shall, and shall cause its agent(s) to, cooperate with MANAGER in its conduct of reasonable due diligence in performing the services, including with respect to the facts that are necessary in its recommendation(s) to the DISTRICT in connection with a transaction or financial product and/or relevant to a DISTRICT's dete1mination whether to proceed with a course of action. To the extent DISTRICT requests that MANAGER provide advice with regard to any recommendation made by a third party, DISTRICT will provide to MANAGER written direction to do so as well as any Data it has received from such third party relating to its recommendation. DISTRICT acknowledges and agrees that while MANAGER is relying on the Data in connection with its provision of the services under this Agreement, MANAGER makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.

VII.	NOTICES

All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated below. The parties designate the following as the respective places for giving notice, to-wit:

Rev .. 12.3.2018	2

DISTRICT:

Boggy Creek Improvement District

12051 Corporate Boulevard

Orlando, Florida 32801

Attention:	District Manager

With A Copy To:

Hopping Green & Sams, PA

119 S. Momoe Street, Suite 300

Tallahassee, Florida 32301

Attention: Tucker Mackie

MANAGER:

Fishkind & Associates, Inc.

12051 Corporate Boulevard

Orlando, FL 32801

Attention: Hank Fishkind, President

VIII.	TITLE TRANSFER

All materials, except functioning or dynamic financial models, prepared by MANAGER pursuant exclusively to this Agreement shall be the property of the DISTRICT. Subject to the foregoing exception, upon termination of this Agreement, at DISTRICT's reasonable request no later than three (3) years after the termination of this Agreement MANAGER shall deliver to the DISTRICT copies of any and all materials or documents prepared, kept or maintained in accordance with this Agreement.

IX.	MANAGER'S REPRESENTATIVES

1.	Assignment of Named Individuals

The professional employees of MANAGER set forth below will provide the services set forth in this Agreement; provided that MANAGER may, from time to time, supplement or otherwise amend the team members set forth below.

•	Hank Fishkind, Ph.D.

•	Jennifer Wal den

•	Lynne Mullins

2.	Changes in Staff Requested by the DISTRICT

The DISTRICT hasrightthe	to request, MANAGERforanyreason,	to replace any member
of the MANAGER staff. Should the DISTRICT make such a request, MANAGER shall promptly

a	suggest	substitute for approval by the DISTRICT.

Rev .. 12.3.2018	3

X.	INSURANCE

MANAGER shall maintain insurance coverage with policy limits not less than as stated in Exhibit C.

XIII.	GENERAL PROVISIONS

1.	MANAGER Not to Participate as Underwriter

The MANAGER is precluded from being an underwriter of any debt obligations issued by the DISTRICT and shall not market or otherwise be responsible for the initial offering of the issuance of any of the DISTRICT's debt obligations.

2.	Limitation of Liability

Except to the extent caused by willful misconduct, bad faith, gross negligence or reckless disregard of obligations or duties under this Agreement on the part of MANAGER or any of its associated persons, neither MANAGER nor any of its associated persons shall have liability to any person for (i) any act or omission in connection with the performance of its services hereunder, (ii) any error ofjudgment or mistake of law, or (iii) any loss arising out of or any financial or other damages

resulting from DISTRICT's election to actnotor to act, as the case may be, contrary to or, absent negligence on the part of MANAGER or any of its associated persons, upon any advice or recommendation provided by MANAGER to DISTRICT.

3.	Disclaimer of MANAGER

The DISTRICT acknowledges that the MANAGER is not an attorney and may not render legal advice or opinions. Although the MANAGER may participate in accumulating information necessary for documents required by the DISTRICT to finalize any particular financing, such information shall be verified by the DISTRICT as to its correctness; provided, however, that the DISTRICT shall not be required to verify the correctness of any information originated by the MANAGER or the correctness of any information originated by the MANAGER which the MANAGER has used to formulate its opinions and advice given to the DISTRICT.

4.	Attorney Fees and Governing Law

MANAGER and the DISTRICT agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action. This Agreement shall be construed, enforced, and administered in accordance with the laws of the State of Florida. In the event either party is required to take any action to enforce this Agreement, the substantially prevailing party shall be entitled to attorney's fees and costs, including fees and costs incurred in determining entitlement to and reasonableness of such fees and costs.

5.	Time of the Essence

Rev.. 12.3.2018	4

The DISTRICT and the MANAGER agree that time is of the essence and that the services of the MANAGER shall be performed expeditiously.

6.	Entire Agreement

This Agreement represents the entire agreement between DISTRICT and MANAGER for District Management Services contemplated hereby and supersedes all prior agreements, contracts, anangements, or communications between the parties with respect to the subject matter addressed herein, whether oral or written. This Agreement may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between DISTRICT and MANAGER or any affiliate of MANAGER shall not in any way be deemed an amendment or modification of this Agreement. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

7.	Authority to Execute and Counterparts

Each party to this Agreement represents, warrants, and covenants to the other that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party, that such party has the lawful authority to enter into this relationship, and that the governing or managing body of each party has approved this relationship and has similarly authorized the execution of this Agreement. This Agreement may be signed in any number of counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document.

8.	Public Records Disclosure

MANAGER understands and agrees that all documents of any kind provided to the DISTRICT in connection with this Agreement may be public records, and, accordingly, MANAGER agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public records custodian for the DISTRICT is Fishkind & Associates, Inc. ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the MANAGER shall l) 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 doesexceednot

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 Agreement term and following the Agreement term if the MANAGER does not transfer the records to the Public Records Custodian of the DISTRICT; and 4) upon completion of the Agreement, transfer to the DISTRICT, at no cost, all public records in MANAGER'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 MANAGER, the MANAGER 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.

9.	Independent Contractor

Rev .. 12.3.2018	5

MANAGER, its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, partners, servants and/or joint venturers of DISTRICT by virtue of this Agreement or any actions or services rendered under this Agreement. Nothing in this Agreement is intended or shall be construed to give any person, other than the Paiiies hereto, their successors and pe1mitted assigns, any legal or equitable rights, remedy or claim under or in respect of this Agreement or any provisions contained herein. In no event will MANAGER be liable for any act or omission of any third paiiy or for any circumstances beyond MANAGER's reasonable control including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of terrorism, act of civil or military authority, software and/or equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services.

In witness whereof, the parties hereto have executed this Agreement, in duplicate, as of the Effective Date above written.

Board of Supervisors:

Boggy Creek Improvement District
Sign: ---------------
Print Name: Richard Levey, Chairman

Fishkind & Associates, Inc.

Hank Fishkind, Ph.D., President

Rev.. 12.3.2018	6

EXHIBIT A

SCOPE OF SERVICES

I.

General Management Services

General Consultation, Meetings, and DISTRICT Representation

The Manager shall organize the DISTRICT meetings.	This includes, but is not limited to,

providing  the  agenda  and  Board  packages,	scheduling,  notification,  publication  and  related

matters.  The service to be provided shall also include, but not be limited to planning, scheduling,
production and quality control, coordination, and administration of various professional service

elements.

The manager shall prepare and submit to the DISTRICT's Board

budget and administer the adopted budget of the DISTRICT.

of

Supervisorsannual a proposed

As the DISTRICT's Manager, we will consult with the DISTRICT Board of Supervisors

and its designated representatives, and when necessary, participate in such meetings, discussions,
project site visits, workshops, and hearings as may pertain to the administration, accomplishment
and fulfillment of the professional services with regard to the projects and general interest of the

DISTRICT.

The  Manager shall consult with  and  advise the DISTRICT on matters  related to  the

operation and maintenance of the DISTRICT and assist the DISTRICT to ensure compliance with
all	statutes	and	applicable	law  affecting  the  DISTRICT.	The	Manager  will  maintain  the

DISTRICT's website in compliance with applicable law and ensure an e-mail system is in place
which provides a separate "CDD e-mail address" for all Board members with an archiving system

which will allow the Manager to respond to public records requests and maintain e-mails in

compliance with applicable records retention law.

II.	Accounting Services

The Manager shall define  and implement an integrated	
which will allow the DISTRICT to represent fairly and with full	
of the DISTRICT.  Monthly financial statements will be provided	
financial statement preparedtobe	by a ce1iified public accounting	
These services will be coordinated with the DISTRICT's auditors	

management reporting system

disclosure the financial position

in addition to a year-end audited

firm selected by the DISTRICT.

to assure a smooth and efficient

audit

of

the DISTRICT's books.

III.	Minutes and Records

The	Manager  shall	define	and	implement  a  system  of record  management  for	the

DISTRICT,  including  a concise  and  accurate  record  of the  official  actions  of the  Board  of
Supervisors and any appointed boards or committees, and shall oversee the maintenance and

disclosure of DISTRICT's records pursuant to Florida law.

Rev

..

12.3.2018

7

IV.	Annual Assessments, Lien Book Maintenance and Dissemination Agent

The Manager will maintain the tax roll for the DISTRICT and coordinate and rep01i to the
Tax Assessor and Tax Collector for the jurisdiction in which the DISTRICT exists.

The Manager will administer the DISTRICT's assessment methodology during platting
and maintain the DISTRICT's lien book and release of liens at closings.

The Manager will provide continuing disclosure filing coordination and assistance for
DISTRICT debt issues on EMMA as required by the MSRB and other regulatory agencies.

V.

Assessment Consulting Services

The Manager shall formulate the DISTRICT's special assessment methodology or similar

security for debt issuance in consultation with the DISTRICT's

counsel,  and  other  consultants  and professionals,  including

methodology report.

counsel, consulting
the  preparation of

engineer, bond

an  assessment

Rev

..

12.3.2018

8

EXHIBITB

COMPENSATION FOR SERVICES

The table below outlines the minimum management fees.	The fees depend upon the type

of district, the website selected, and the number of debt issues DISTRICT. Fees are reviewed and adjusted annually pursuant to the process. Our fees include the provision of the services described in the reimbursable expenses set fo1ih in Section III(l ).

outstanding

DISTRICT's

Exhibit A, as

for  the

budget

well as

Type of District

Inactive

Developer Control

Resident Control

Website

Minimum

Standard

Deluxe

Lien Book, Tax Roll, and

Continuing Disclosure Services

Base Fee

Fee per debt issue

Assessment Methodology

Preparation and Assessment

Consulting Services

Management		
Fee		
$5,000		
$37,500		
$60,000		
Set Up	Annual	
$2,000	$1,250	
$3,000	$2,500	
$5,000	$5,000	
Amount		
$5,000		
$7,500		

Fee to be

negotiated

per debt

issuance

Rev

..

12.3.2018

9

EXHIBIT C

INSURANCE

MANAGER shall provide and maintain the following levels
subsequent to the execution of this Agreement:

of

insurance coverage at all times

a)

b)

c)

d)

e)

f)

Worker's Compensation insurance to cover full liability under worker's compensation laws in	
effect in Florida.		
General  Liability  insurance  with  limit  of	one  million  dollars  ($1,000,000.00)  per  each	
occurrence.		
Professional Liability insurance with limit	of one million dollars ($1,000,000.00) per each	
occmTence.  Claims-made policies shall have at least a three-year reporting period.	
Employment Practices Liability insurance with limit of two million dollars ($2,000,000.00)	
per each occurrence.		
Commercial  Crime  insurance  with limit  of two  million  dollars  ($2,000,000.00)  per  each	
occurrence.		
Comprehensive Automobile Liability insurance for all hired and non-owned vehicles used by	
the Consultant's staff with a combined single limit of one million dollars ($1,000,000.00).	

The DISTRICT (and its staff, consultants, and supervisors as applicable) will be listed as additional
insureds  on the  General  Liability  and  Automobile  insurance  policies  described  above.	The

DISTRICT (and its staff, consultants, and supervisors as applicable) will be listed as a joint loss
payee on the Commercial Crime insurance.	None of the policies above may be canceled during

the term of this Agreement ( or otherwise cause the DISTRICT to not be named as an additional

insured  or joint  loss  payee  where  applicable)  without  sixty  (60)  days  written  notice  to  the
DISTRICT.	MANAGER will furnish the DISTRICT with a Certificate of Insurance evidencing

compliance with this section prior to Agreement commencement and upon request.

Rev

..

12.3.2018

10

BOGGY CREEK

IMPROVEMENT DISTRICT

Financial Advisory Agreement

FINANCIAL ADVISORY AGREEMENT

This agreement ("Agreement"), made and entered into this 15th day of January, 2019, (the "Effective Date") by and between Boggy Creek Improvement District ("DISTRICT") and Fishkind & Associates, Inc. (hereinafter called "FA"), sets forth the terms and conditions under which FA shall provide services.

WHEREAS, the DISTRICT desires to obtain the services of a financial advisor to develop and assist in implementing the DISTRICT's strategies to meet its cun-ent and long-term operations, financial obligations, capital financing needs and render assistance in respect to debt transactions; and

WHEREAS, FA is capable of providing the necessary financial advisory services.

NOW, THEREFORE, in consideration of the above mentioned premises and intending to be legally bound hereby, DISTRICT and FA agree as follows:

I.	SCOPE OF SERVICES

FA shall provide, upon request of the DISTRICT, services related to financial planning, budget and strategic advice and planning, policy development and services related to debt issuance, as applicable and set forth in Exhibit A to this Agreement. DISTRICT acknowledges and agrees that most tasks requested by DISTRICT will not require all services provided for in Exhibit A and as such the specific scope of services for such task shall be limited to just those services required to complete the task. Any material changes in or additions to the scope of services described in Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement. Services provided by FA which are not specifically referenced in the scope of services set forth in Exhibit A of this Agreement shall be completed as agreed in writing in advance between the DISTRICT and FA.

II.	WORK SCHEDULE

The services of FA are to commence as soon as practicable after the execution of this

Agreement and a requestthe by	DISTRICT for such service.

III.	REGISTERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES

1.	FA is a registered municipal advisor with the Securities and Exchange Commission (the "SEC") and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 15Bal-2. If DISTRICT has designated FA as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Bal-1 ( d)(3 )(vi) (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibit A hereto, subject to any limitations provided herein. FA shall not be responsible for, or have any liability in connection with, verifying that FA is independent from any other party seeking to rely on the IRMA exemption (as such independent status is required pursuant

to the IRMA exemption, as interpreted from time to timetheby SEC). DISTRICT acknowledges and agrees that any reference to FA, its personnel and its role as IRMA, including in the written

representation of DISTRICT required under SEC Rule 15Bal-l(d)(3)(vi)(B) shall be subject to prior approval by FA. DISTRICT further agrees not to represent that FA is DISTRICT's IRMA with respect to any aspect of a municipal securities issuance or municipal financial product, outside of the scope of services without FA' s prior written consent.

2.	MSRB Rules require that municipal advisors make written disclosures to their DISTRICTs of all material conflicts of interest, ce1iain legal or disciplinary events and ce1iain regulatory requirements. Such disclosures are provided in FA's Disclosure Statement delivered to DISTRICT together with this Agreement.

IV.	FINANCIAL ADVISORY COMPENSATION

For the services provided under this Agreement, FA's professional fees shall be paid as provided in Exhibit B to this Agreement and DISTRICT shall pay expenses and fees for other services not set forth in Exhibit A as provided below.

1.	Reimbursable Expenses

In addition to fees for services, FA will be reimbursed for necessary, reasonable, and documented out-of-pocket expenses incurred, including travel, meals, lodging, telephone, mail, and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing and computer time which are incurred by FA subject to the limitations of Chapter 112.061, F.S. Upon request of DISTRICT, documentation of such expenses will be provided.

2.	Other Services

Any services which are not included in the scope of services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures.

V.	TERMS AND TERMINATION

This Agreement shall be effective as of the Effective Date until January 15, 2020 (the "Initial Term") and shall automatically renew for additional one (1) year periods ( each a "Renewal Term" and together with the Initial Term, the "Term"), unless terminated in writing by either party upon thirty (30) days written notice to the other party without cause, or immediately upon written notice for good cause. For purposes of this Agreement, the term "good cause" shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by FA which, in each case, FA fails to cure within 10 days of notice thereof. Upon such termination, FA will be paid for all services performed and costs and expenses incurred up to the termination date.

VI.	ASSIGNMENT

Neither party may assign this Agreement or its rights or obligations hereunder without the prior written consent of the other party ; provided that upon notice to DISTRICT, (i) FA may assign this Agreement or any interests hereunder to a municipal advisor entity registered with the SEC that directly or indirectly controls, is controlled by, or is under common control with, FA, or (ii) to any subsidiary or affiliate of FA or a successor of FA in connection with the sale of all or

Rev. 31.10.2018	- 2 -

substantially all of FA's assets. Subject to the foregoing, this Agreement shall be binding on the parties hereto and their respective successors and assigns.

VII.	INFORMATION TO BE FURNISHED TO FA

All information, data, reports, and records in the possession of the DISTRICT or any third

party necessarycarryingfor out any services to be performed under this Agreement ("Data") shall be furnished to FA and the DISTRICT shall, and shall cause its agent(s) to, cooperate with FA in its conduct of reasonable due diligence in performing the services, including with respect to the facts that are necessary in its recommendation(s) to the DISTRICT in connection with a municipal securities transaction or municipal financial product and/or relevant to the DISTRICT's

determination whether to proceed with a course of action. ToDISTRICTtheextent requests that FA provide advice with regard to any recommendation made by a third paiiy, DISTRICT will provide to FA written direction to do so as well as any Data it has received from such third party relating to its recommendation. DISTRICT acknowledges and agrees that while FA is relying on the Data in connection with its provision of the services under this Agreement, FA makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.

VIII.	NOTICES

All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated

below.	The parties designate the followingplacesas the respective	for giving notice, to wit:

DISTRICT:

Boggy Creek Improvement District

12051 Co1-porate Boulevard

Orlando, Florida 32801

Attention:  District Manager

With A Copy To:

Hopping Green & Sams, PA

119 S. Monroe Street, Suite 300

Tallahassee, Florida 32301

Attention: Tucker Mackie

FA:

Fishkind & Associates, Inc.

12051 Co1-porate Boulevard

Orlando, FL 32801

Attention: Hank Fishkind, President

Rev. 31.10.2018	- 3

IX.	TITLE TRANSFER	
All materials, except functioning or dynamic financial models, prepared by FA pursuant	
exclusively to this Agreement shall be the property of the DISTRICT.  Subject to the exception	
described above, upon termination of this Agreement, at DISTRICT's reasonable request no later	
than three (3) years after the termination of this Agreement FA shall deliver to the DISTRICT	
copies of any materials or documents pertaining to or prepared in accordance with this Agreement.	

X.

FA'S REPRESENTATIVES

1.

Assignment

of

Named Individuals

Professional employees of FA will provide the services set

may, from time to time, supplement or otherwise amend the team

below shall be the engagement manager for this Agreement.

forth in this Agreement and FA

members.	The individual listed

•	Hank 2.

Fishkind, Ph.D.

Changes in Staff Requested

by

the DISTRICT

The DISTRICT has the right to request, for any reason, FA to replace any member of the

advisory team.  Should the DISTRICT make such a request, FA shall promptly suggest a substitute

for approval by the DISTRICT.

XI.	INSURANCE

FA shall maintain insurance coverage with policy limits not less than as stated in Exhibit

C.

XII.

LIMITATION

OF

LIABILITY

Except to the extent caused by willful misconduct, bad faith, gross negligence or reckless	
disregard of obligations or duties under this Agreement on the part of FA or any of its associated	
persons, neither FA nor any of its associated persons shall have liability to any person for (i) any	
act or omission in connection with the performance	of its services hereunder; (ii)  any e1ror of	
judgment or mistake of law; (iii) any loss arising out	of any issuance of municipal securities, any	
financial  municipal	product or any other financial product, or (iv)  any financial or other damages	
resulting  from	DISTRICT's  election to  act,  or not to  act,  contrary to  or  upon  any  advice  or	
recommendation provided by FA to DISTRICT.		
XIII.   INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY	
FA, its employees, officers and representatives at all times shall be independent contractors	

and shall not be deemed to be employees, agents, partners,  servants

and/or

joint

venturers

of

DISTRICT by vi1iue of this Agreement or any actions or services rendered under this Agreement.

Nothing in this Agreement is intended or shall be construed to give any person, other than the

Parties hereto, their successors and pe1mitted assigns, any legal or equitable rights, remedy or

claim under

or

in respect

of

this Agreement or any provisions contained herein.	In no event will

Rev. 31.10.2018

- 4 -

FA be liable for any act or omission of any third party or for any circumstances beyond FA' s reasonable control including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of terrorism, act of civil or military authority, software and/or equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services.

XIV.	APPLICABLE LAW

This Agreement shall be construed, enforced, and administered according to the laws of the State of Florida. FA and the DISTRICT agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action.

XV.	ENTIRE AGREEMENT; SEVERABILITY

This Agreement represents the entire agreement between DISTRICT and FA and may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between DISTRICT and an affiliate of FA shall not in any way be deemed an amendment or modification of this Agreement. This Agreement supersedes all prior agreements, contracts, arrangements, or communications between the parties with respect to the subject matter addressed herein, whether oral or written. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision.

XVI.	EXECUTION; COUNTERPARTS

Each party to this Agreement represents and waiTants that the person or persons signing this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. This Agreement may be signed in any number of counterparts, each of

which shall be an original andwhenallof which taken together shall constitute one and the same document.

XVII.	PUBLIC RECORDS DISCLOSURE.

FA understands and agrees that all documents of any kind provided to the DISTRICT in connection with this Agreement may be public records, and, accordingly, FA agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public records custodian for the DISTRICT is Fishkind & Associates, Inc. ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the FA shall 1) keep and maintain public records required by the DISTRICT to perf01m 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 Agreement term and following the Agreement te1m if the FA does not transfer the records to the Public Records Custodian of the DISTRICT; and 4) upon completion of the Agreement, transfer to the DISTRICT, at no cost, all public records in FA's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records

Rev. 31.10.2018	- 5 -

pursuant to Florida laws. When such public records are transferred by the FA, the FA 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 f01mat that is compatible with Microsoft Word or Adobe PDF formats.

[Signature Page Follows]

Rev. 31.10.2018	- 6 -

IN WITNESS THEREOF, the DISTRICT and FA have executed this Agreement as of the day and year herein above written.

BOGGY CREEK IMPROVEMENT DISTRICT
By: --------------
Name: Richard Levey

Title: Chairman

Date:	January 15, 2019

FA
By:------------

Name: Hank Fishkind

Title: President
Date:  -------------

Rev. 31.10.2018	- 7 -

EXHIBIT A

SCOPE OF SERVICES

1.	Services
the DISTRICT:

related

to

the

Financial Planning and Policy Development upon request

of

•	Assist with the formulation of the DISTRICT's special assessment methodology or

similar security for debt issuance in consultation with the DISTRICT's counsel,
consulting	engineer,	bond	counsel,	and	other	consultants	and	professionals;

notwithstanding the foregoing, these services shall not include the preparation of
an assessment methodology report.

•

•

•

•

•

•

•

Assist  the  DISTRICT  in  the  formulation  of Financial  and  Debt  Policies  and
Administrative Procedures.

Review current debt structure, identifying strengths and weaknesses of structure so

that future debt issues can be designed to maximize ability to finance future capital

needs.	This will include, but not be limited to, reviewing existing debt for the
possibility of refunding that debt to provide the DISTRICT with savings.

Analyze future debt capacity to determine the DISTRICT's ability to raise future

debt capital.

Assist the DISTRICT in the development of the DISTRICT's Capital Improvement
Program by identifying sources of capital funding.

Assist the DISTRICT with the development of the DISTRICT's financial planning
efforts	and  process  by  assessing	capital	needs,	identifying  potential	revenue

sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing,

sh01i-term vs. long-term financings, assessments, user fees, impact fees, developer

contributions,  public/private projects,  and  grants  and  provide  analysis  of each
alternative as required as to the budgetary and financial impact.

Review  the	reports	of accountants,	independent  engineers	and	other  project

feasibility consultants to  ensure that such studies adequately address technical,
economic, and financial risk factors affecting the marketability of any proposed
revenue  debt  issues;  provide  bond  market assumptions  necessary for  financial

projections included in these studies; attend all relevant working sessions regarding

the preparations, review and completion of such independent studies; and provide

written comments and recommendations regarding assumptions, analytic methods,

and conclusions contained therein.

Develop, manage and maintain computer models for long-term capital planning

which provide for inputs regarding levels of non-ad valorem special assessment and

other revenues growth rates by revenue and expenditure item, timing, magnitude

and cost of debt issuance,  and project operating and  capital balances,  selected

Rev. 31.10.2018

- 8 -

operating and debt ratios and other financial performance measures as may be determined by the DISTRICT.

•	Conduct strategic modeling and planning and related consulting.

•	Attend meetings with DISTRICT's staff, consultants and other professionals and the DISTRICT.

•	Undertake financial planning and policy development assignments made by the DISTRICT regarding financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs.

•	Assist the DISTRICT in preparing financial presentations for public hearings and/ or referendums.

•	Provide special financial services as requested by the DISTRICT.

2. Services Related(IncludestoDebt Transactions short term financings, notes, loans, letters of credit, line of credit and bonds); provided that if the transaction is competitive, the
services of the financial advisor will reflectprocessthat.	Upon the request of the DISTRICT:

•

•

•

•

•

•

•

•

•

Analyze financial and economic factors to determine if the issuance of bonds is appropriate.

Develop a financing plan in concert with DISTRICT's staff which would include recommendations as to the timing and number of series of bonds to be issued.

Assist the DISTRICT by recommending the best method of sale, either as a negotiated sale, private placement or a public sale. In a public sale, make recommendation as to the determination of the best bid. In the event of a negotiated sale, assist in the solicitation, review and evaluation of any investment banking proposals, and provide advice and information necessary to aid in such selection.

Advise as to the various financing alternatives available to the DISTRICT.

Develop alternatives related to debt transaction including evaluation of revenues available, maturity schedule and cash flow requirements.

Evaluate benefits of bond insurance and/or security insurance for debt reserve fund .

If appropriate, develop credit rating presentation and coordinate with the DISTRICT the overall presentation to rating agencies.

Review underwriter's proposals and submit a written analysis of same to the DISTRICT.

Assist the DISTRICT in the procurement of other services relating to debt issuance such as printing, paying agent, registrar, etc.

Rev. 31.10.2018	- 9 -

•	Identify key bond covenant features and advise as to the financial consequences of provisions to be included in bond indentures, resolutions or other governing documents regarding security, creation ofreserve funds, flow of funds, redemption provisions, additional parity debt tests, etc.; review and comment on successive drafts of bond governing documents.

•	Review the requirements and submit analysis to bond insurers, rating agencies and other professionals as they pertain to the DISTRICT's obligation.

•	Review the terms, conditions and structure of any proposed debt offering undertaken by the DISTRICT and provide suggestions, modifications and enhancements where appropriate and necessary to reflect the constraints or current financial policy and fiscal capability.

•	Coordinate with DISTRICT's staff and other advisors as respects the furnishing of data for offering documents, it being specifically understood that FA is not responsible for the inclusion or omission of any material in published offering documents.

•	As applicable, advise the DISTRICT on the condition of the bond market at the time of sale, including volume, timing considerations, competing offerings, and general economic considerations.

•	Assist and advise the DISTRICT in negotiations with investment banking groups regarding fees, pricing of the bonds and final terms of any security offering, and make recommendations regarding a proposed offering to obtain the most favorable financial terms based on existing market conditions.

•	Anange for the closing of the transaction including, but not limited, to bond printing, signing and final delivery of the bonds.

•	Assist and advise the DISTRICT with investment of proceeds of debt offerings

3.	Special Services. Upon request of the DISTRICT:

FA may provide other services which shall include, but not be limited to, the following:

1.	Impact fee financial analysis

2.	Rate analysis

3.	Management analysis

4.	Referendum assistance

5.	Legislative initiatives

6.	Project assessment analysis

7.	Implementation of revenue enhancement programs

8.	Investment advisory services (services to be provided by an affiliate of FA under separate agreement between the DISTRICT and such affiliate))

Rev. 31.10.2018	- 10 -

9.	Arbitrage and rebate services (services to be provided by an affiliate of FA under separate agreement between the DISTRICT and such affiliate)

10.	Financial analysis of projects being developed by engineer/architect studies
11.	Negotiate on behalf of the DISTRICT for proposed projects

Rev. 31.10.2018	- 11 -

EXHIBITB

COMPENSATION FOR SERVICES (Negotiable)

Description	Unit Price		
TRANSACTIONAL FEE SCHEDULE			
		Non-investment	
A. Conventional Long-Term Fixed Rate Debt	Investment Grade	Grade	
Up to $25 Million	$1.00/ $1,000	$1.00/ $1,000	
$25 Million up to $50 Million	$0.85/ $1,000	$1.00/ $1,000	
Over $50 Million up to $75 Million	$0.75/ $1,000	$0.85/ $1,000	
Over $7 5 Million	$0.50/ $1,000	$0.75/ $1,000	
Above Fees Subject To:			
Minimum	$20,000.00	$25,000.00	
Maximum	$125,000.00	$200,000.00	
Additional Fee -  Refunding Transaction	$ NIA ( excluding escrow structuring if	
	requested)		

B. Notes, Including but not Limited to TANS and RANS  $15,000.001

1Fee for investment grade, publicly offered issues; fee for private placement or non-investment grade public offering will be negotiated prior to the sale.

NON-TRANSACTIONAL FEE SCHEDULE

C. Professional Fees

Managing Director		$300.00/ Hour	
Senior Managing Consultant ( other senior staff)	$250.00/ Hour	
Senior Analyst (Analyst)	$150.00/ Hour	
Administrative Staff		$0.00   I Hour	
D. Out of Pocket Expenses		
Not to Exceed		$2,000.00 per Issue*	
Travel	At Cost		
Lodging	At Cost		
Meals	At Cost		
Postage	At Cost		
Telephone	At Cost		
Copies	0.10 Black & White; 0.50 for Color		
Printing	0.10 Black & White; 0.50 for Color		

Rev. 31.10.2018	12

*FA also offers a flat "overhead" fee of $1,500 per financing to cover all typical expenses (copies, printing, in state travel, etc.). Both structures exclude New York and other out of state travel, which is billed at cost.

Other Services

In addition to advising on bond transactions, FA is often called upon to perform many additional duties. These may include structuring and implementation of the refunding escrow, debt service reserve and debt service payment fund investment structuring, arbitrage rebate compliance, investment agreement and float contract bidding, investment liquidation, interest rate swap pricing and implementation, and other related services. These services would be provided via separate contract with the appropriate FA related entity such as FA Asset Management, LLC. If needed or required under this proposal, these services are subject to a separate fee to be negotiated in advance at the time of the service. FA fully discloses all fees related to any transaction.

Rev. 31.10.2018	- 13 -

EXHIBIT C

INSURANCE

Fishkind & Associates, Inc. ("FA") has a complete insurance program, including property, casualty, comprehensive general liability, automobile liability and workers compensation. FA maintains professional liability and fidelity bond coverages which total $30 million and $10 million, respectively. FA also can-ies a $10 million cyber liability policy.

Our Professional Liability policy is a "claims made" policy and our General Liability policy claims would be made by occun-ence.

Deductibles/SIR:

Automobile $250 comprehensive & $500 collision

Cyber Liability $50,000

General Liability $0

Professional Liability (E&O) $1,000,000

Financial Institution Bond $75,000

Insurance Company & AM Best Rating

Professional Liability (E&O)	Endurance American Specialty Insurance; (A+; XV)

XL Specialty Insurance Company; (A; XV)

Continental Casualty Company; (A; XV)

Stan- Indemnity & Liability Company; (A; XIV)

Financial Institution Bond	Federal Insurance Company; (A++; XV)

Cyber Liability	Indian Harbor Insurance Company (A; XV)

General Liability	Great Northern Insurance Company; (A++; XV)

Automobile Liability	Federal Insurance Company; (A++; XV)

Excess /Umbrella Liability	Federal Insurance Company; (A++; XV)

Workers Compensation	Great Northern Insurance Company; (A++; XV)

& Employers Liability

Rev. 31.10.2018	- 14 -

BOGGY CREEK
IMPROVEMENT DISTRICT

Resolution 2019-03,

Designating District Manager, Assessment
Consultant and Financial Advisor

			RESOLUTION 2019-03			
A	RESOLUTIONDESIGNATING	FISHKIND	&	
ASSOCIATES,  INC.,  AS  DISTRICT  MANAGER  OF  AND	
ASSESSMENT   CONSULTANT   FOR  AND   FINANCIAL	
ADVISOR	TO	BOGGY	CREEK	IMPROVEMENT	
DISTRICT,	AUTHORIZING	COMPENSATION,	AND	
PROVIDING AN EFFECTIVE DATE.			

WHEREAS, Boggy Creek Improvement

purpose government created and existing pursuant

in Sarasota and Manatee Counties, Florida; and

District ("District") is to Chapter 189, Florida

a local unit of special-Statutes, being situated

WHEREAS, the

Fishkind	&	Associates,

collectively, the "District

Board of Supervisors ("Board") of the District

Inc.	as	District	Manager	and	Assessment

Manager") and Financial Advisor; and

has previously appointed

Consultant	(hereinafter,

WHEREAS, the Board of Supervisors and Fishkind & Associates, Inc. desire to enter into	
a revised District Management Agreement and Financial Advisor Agreement (collectively, the	
"Fishkind Agreement"), which shall be dated effective as of the date of this Resolution, the form(s)	
of which are attached hereto as Exhibit A; and		
WHEREAS, pursuant to the terms of theFishkindFishkind Agreement,	& Associates, Inc.	
may, upon notice to the District, assign its rights and obligations under such agreement to any	
subsidiary, affiliate, or successor in connection with the sale of all or substantially all of Fishkind	
& Associates, Inc.' s assets; and		
WHEREAS, Fishkind & Associates, Inc. has recently advised the Board of Supervisors of	
the District of its intent to enter into a proposed transaction (the "Transaction") with PFM Financial	
Advisors LLC or PFM Consulting Services, LLC or its affiliate(s) (collectively, "PFM") whereby	
Fishkind will sell all or substantially all of its assets to PFM; and		
WHEREAS, in connection with the Transaction and pursuant to the Fishkind Agreement,	
Fishkind & Associates, Inc. desires to assign it rights and obligations as District Manager and	
Financial Advisor under the Fishkind Agreement to PFM upon and after the date the Transaction	
is consummated, and the Board is amenable to such assignment upon the consummation of the	
Transaction.		

1.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD

OF SUPERVISORS  OF BOGGY CREEK IMPROVEMENT

DISTRICT:

Fishkind & Associates, Inc. has previously been appointed the District Manager and

Financial Advisor to the District.

2.	Fishkind & Associates, Inc., shall be compensated for services in such capacity in the manner prescribed set forth in the Fishkind Agreement attached hereto as Exhibit A, which agreement is approved as to form and substance. Upon execution of the Fishkind Agreement(s) attached hereto as Exhibit A, all prior agreements relating to the services contemplated in the Fishkind Agreement attached hereto as Exhibit A are hereby rescinded by the parties and shall be of no further force and effect.

3.	The assignment by Fishkind & Associates, Inc. of all of its rights and obligations as District Manager and Financial Advisor under the Fishkind Agreement to PFM is approved by the Board in connection with, and shall become effective upon, consummation of the Transaction referenced hereinabove.

4.	This Resolution shall become effective immediately upon its adoption.

Adopted this 15th day of January, 2019.

ATTEST:	BOGGY CREEK IMPROVEMENT DISTRICT

Secretary/Assistant Secretary	Richard Levey, Chairman

Exhibit A: Fishkind Agreements

2

Exhibit

A

DISTRICT MANAGEMENT AND ASSESSMENT CONSULTANT AGREEMENT			
This District Management Agreement (this "Agreement"), made and entered into this 15	th		
			
day of January, 2019 (the "Effective Date") by and between Boggy Creek Improvement District		
("DISTRICT") and Fishkind & Associates, Inc. (hereinafter called the "MANAGER") sets forth		
the terms and conditions under which MANAGER shall provide services.			
WHEREAS, the DISTRICT desires to  obtain the services of a MANAGER to provide		
District Management Services; and			
WHEREAS, MANAGER is capable of providing the necessary services.			
NOW, THEREFORE, in consideration of the above mentioned premises and intending to		
be legally bound hereby, the DISTRICT and MANAGER agree as follows:			

I.

SCOPE OF SERVICES

MANAGER shall provide District Management Services as set fo1ih in Exhibit A
to this Agreement. Any material changes in or additions to the scope of services described in

Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement.
Services provided by MANAGER which are not specifically referenced in the scope of services
set forth in Exhibit A of this Agreement shall be completed as agreed in writing in advance between
the DISTRICT and MANAGER.	Upon request of DISTRICT, MANAGER or an affiliate of
MANAGER may agree to additional services to be provided by MANAGER or an affiliate of

MANAGER, by a separate agreement between the DISTRICT and MANAGER or its respective

affiliate.

II.	WORK SCHEDULE

The services of MANAGER are to commence as soon as practicable after the

this Agreement and a request by the DISTRICT for such service.

execution

of

III.	COMPENSATION

shall be paid

fees for other

1.

For the services provided under this Agreement, MANAGER's professional fees

as provided in Exhibit B to this Agreement and DISTRICT shall pay expenses and

services not set forth in Exhibit A as provided below.

Reimbursable Expenses

In addition to fees for services, MANAGER will be reimbursed for necessary, reasonable,

and documented out-of-pocket expenses  incurred, including travel, meals,  lodging,  telephone,
mail,	and  other  ordinary  cost  and  any  actual	extraordinary  cost  for  graphics,  printing,	data

processing  and  computer time which are  incmTed by MANAGER only as  authorized by the

DISTRICT's	approved  budget.	Documentation  of such  expenses	will	be  provided  to	the

DISTRICT upon request.

2.

Other Services

Rev. .12.3.2018

1

Any services which are not included in the scope of services set forth in Exhibit A of this Agreement will be subject to separate, mutually acceptable fee structures.

IV.	TERM AND TERMINATION

This Agreement shall be effective from the Effective Date and shall continue until terminated by either party as provided herein. The DISTRICT has the right to te1minate this Agreement for "good cause" which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by the MANAGER which, in each case, the MANAGER fails to cure within 10 days of notice thereof. Te1mination for "good cause" shall be effected immediately by provision of written notice to MANAGER. Either party hereto shall havetothe right terminate this Agreement, at any time and for any reason whatsoever, upon (i) the DISTRICT providing to the MANAGER a minimum of thirty (30) days advance written notice of its intention to te1minate or (ii) the MANAGER providing to the DISTRICT a minimum of sixty (60) days advance written notice of its intention to te1minate. All notices shall be mailed to the person and address specified for use in the giving of notice, in paragraph 10, hereof. Should the relationship be terminated, MANAGER will be paid for all services performed and costs and expenses incurred up to the termination date.

V.	ASSIGNMENT

Neither party may assign this Agreement or its rights or obligations hereunder without the prior written consent of the other; provided, however, that MANAGER may, upon notice to the DISTRICT, assign MANAGER's rights and obligations under this Agreement to any subsidiary or affiliate of MANAGER or a successor of MANAGER in connection with the sale of all or substantially all of MANAGER's assets. Subject to the foregoing, this Agreement shall be binding on the parties hereto and their respective successors and assigns.

VI.	OWNERSHIP OF INFORMATION, REPORTS, AND DATA

All information, data, reports, and records in the possession of the DISTRICT or any third

party necessarycarryingfor out any services to be perfo1med under this Agreement ("Data") shall be furnished to MANAGER and the DISTRICT shall, and shall cause its agent(s) to, cooperate with MANAGER in its conduct of reasonable due diligence in performing the services, including with respect to the facts that are necessary in its recommendation(s) to the DISTRICT in connection with a transaction or financial product and/or relevant to a DISTRICT's determination whether to proceed with a course of action. To the extent DISTRICT requests that MANAGER provide advice with regard to any recommendation made by a third party, DISTRICT will provide to MANAGER written direction to do so as well as any Data it has received from such third party relating to its recommendation. DISTRICT acknowledges and agrees that while MANAGER is relying on the Data in connection with its provision of the services under this Agreement, MANAGER makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.

VII.	NOTICES

All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated below. The parties designate the following as the respective places for giving notice, to-wit:

Rev. .12.3.2018	2

DISTRICT:

Boggy Creek Improvement District

12051 Corporate Boulevard

Orlando, Florida 32801

Attention:	District Manager

With A Copy To:

Hopping Green & Sams, PA

119 S. Monroe Street, Suite 300

Tallahassee, Florida 32301

Attention: Tucker Mackie

MANAGER:

Fishkind & Associates, Inc.

12051 Corporate Boulevard

Orlando, FL 32801

Attention: Hank Fishkind, President

TRANSFERVIII.TITLE

All materials, except functioning or dynamic financial models, prepared by MANAGER
pursuant exclusively to this Agreement shall be the property of the DISTRICT.	Subject to the
foregoing exception, upon termination of this Agreement, at DISTRICT's reasonable request no
than later	three (3) years after the termination of this Agreement MANAGER shall deliver to the
DISTRICT  copies  of any  and  all  materials	or  documents  prepared,  kept  or  maintained  in

accordance with this Agreement.

IX.	MANAGER'S REPRESENTATIVES

1.

Assignment

of

Named Individuals

The professional employees of MANAGER set forth below will provide the services set
forth  in this  Agreement;  provided that MANAGER may,  from  time to  time,  supplement  or

otherwise amend the team members set fmih below.

•

•

•

2.

Hank Fishkind, Ph.D.

Jennifer Wal den

Lynne Mullins

Changes in Staff Requested by the DISTRICT

The DISTRICT has the right
of the MANAGER staff. Should the

suggest a substitute for approval by

to request, MANAGERforanyreason,	to replace any member

DISTRICT make such a request, MANAGER shall promptly

the DISTRICT.

Rev

..

12.3.2018

3

X.

INSURANCE

Exhibit

MANAGER shall maintain insurance

C.

coverage with policy

limits not less

than

as

stated in

	XIII.   GENERAL PROVISIONS	
1.	MANAGER Not to Participate as Underwriter	
The MANAGER is precluded from being an underwriter of any debt obligations issued by the	
DISTRlCT and shall not market or otherwise be responsible for the initial offering of the issuance	
of any of the DISTRJCT's debt obligations.	
2.	Limitation of Liability	
Except to the extent caused by willful misconduct, bad faith, gross negligence or reckless disregard	
of obligations or duties under this Agreement on the part of MANAGER or any of its associated	
persons, neither MANAGER nor any of its associated persons shall have liability to any person	
for (i) any act or omission in connection with the performance of its services hereunder, (ii) any	
error ofjudgment or mistake oflaw, or (iii) any loss arising out of or any financial or other damages	
resulting from DISTRJCT's election to act or not to act, as the case may be, contrary to or, absent	
negligence  on the part of MANAGER or any  of its  associated persons,  upon any advice  or	
recommendation provided by MANAGER to DISTRlCT.	

3.

Disclaimer

of

MANAGER

The DISTRJCT acknowledges that the MANAGER is not an attorney and may not render legal
advice  or opinions.	Although the MANAGER may paiiicipate  in accumulating  information
necessary for documents required by the DISTRlCT to finalize any particular financing,  such
information shall be verified by the DISTRJCT as to its correctness; provided, however, that the
DISTRJCT shall not be required to verify the correctness of any info1mation originated by the
MANAGER  or the  correctness  of any  information originated by the MANAGER which the
MANAGER has used to formulate its opinions and advice given to the DISTRJCT.

4.

Attorney Fees and Governing Law

MANAGER  and the  DISTRlCT  agree  that,  should a  disagreement  arise  as  to  the
enforcement of any provision of this Agreement, each paiiy will in good faith attempt

said disagreement prior to pursuing other action.	This Agreement shall be construed,

terms  or

to resolve

enforced,

and administered in accordance with the laws

of

the

State

of

Florida.	In the event either paiiy is

required to take any action to

entitled to attorney's fees and
to and reasonableness of such

enforce this Agreement,prevailingthe substantially	paiiy shall be

costs, including fees and costs incurred in determining entitlement

fees and costs.

5.

Time

of

the Essence

Rev

..

12.3.2018

4

The DISTRICT and the MANAGER agree that time is
MANAGER shall be performed expeditiously.

of

the essence and that the services

of

the

6.

Entire Agreement

This Agreement represents the entire agreement between DISTRICT and MANAGER for District	
Management  Services  contemplated  hereby  and  supersedes  all  prior  agreements,  contracts,	
arrangements, or communications between the parties with respect to the subject matter addressed	
herein, whether oral or written. This Agreement may not be amended or modified except in writing	
signed by both paiiies.  For the sake of clarity, any separate agreement between DISTRICT and	
MANAGER	or any affiliate of MANAGER shall not in any way be deemed an ainendment or	
modification	of this  Agreement.  The  invalidity in whole  or  in part of any provision of this	
Agreement shall not void or affect the validity of any other provision.	

7.

Authority to Execute and Counterparts

Each party to this Agreement represents, warrants, and covenants to the other that the person or
persons signing this Agreement on behalf of such party is authorized and empowered to sign and
deliver this Agreement for such party, that such paiiy has the lawful authority to enter into this
relationship, and that the governing or managing body of each party has approved this relationship
and has similarly authorized the execution of this Agreement.	This Agreement may be signed in
any number of counterparts,  each of which shall be an original and all of which when taken
together shall constitute one and the saine document.

8.

Public Records Disclosure

MANAGER understands and agrees that all documents of any kind provided to the DISTRICT in	
connection with this Agreement may be public records, and, accordingly, MANAGER agrees to	
comply with all applicable provisions of Florida law in handling such records, including but not	
limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public	
records custodian for the DISTRICT is Fishkind & Associates, Inc. ("Public Records Custodian").	
Among other requirements and to the extent applicable by law, the MANAGER 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 doesexceednot	
the cost provided in ChapterFlorida119,	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 Agreement term and following the Agreement term if	
the MANAGER does not transfer the records to the Public Records Custodian of the DISTRICT;	
and 4) upon completion of the Agreement, transfer to the DISTRICT, at no cost, all public records	
in MANAGER's possession or, altematively, keep, maintain and meet all applicable requirements	
for retaining public records pursuant to Florida laws.  When such public records are transferred by	
the MANAGER, the MANAGER 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.		
9.	Independent Contractor		

Rev

.

.

12.3.2018

s

MANAGER,	its	employees,	officers	and  representatives	at	all	times	shall	be	independent

contractors  and shall not be deemed to  be employees,  agents, pminers,  servants and/or joint

venturers of DISTRICT by virtue of this Agreement or any actions or services rendered under this
Agreement.  Nothing in this Agreement is intended or shall be construed to give any person, other

than the Pmiies hereto, their successors and permitted assigns, any legal or equitable rights, remedy
or claim under or in respect of this Agreement or any provisions contained herein.	In no event
will MANAGER be liable for any act or omission of any third party or for any circumstances

beyond MANAGER's reasonable control including, but not limited to, fire, flood, or other natural
disaster,  war,  riot,  strike,  act  of tenorism,  act of civil  or militm·y  authority,  software  and/or

equipment failure, computer virus, or failure or intenuption of electrical, telecommunications or

other utility services.

In witness whereof, the pmiies hereto have executed this Agreement, in duplicate,
Effective Date above written.

as

of the

Board

of

Supervisors:

Boggy Creek Improvement District

Sign:

_____________

_

Print Nmne: Richard Levey, Chairman

Fishkind & Associates, Inc.

Hank Fishkind, Ph.D., President

Rev

.

.12.3.2018

6

EXHIBIT A

SCOPE OF SERVICES

I.

General Management Services

General Consultation, Meetings, and DISTRICT Representation

The Manager shall organize the DISTRICT meetings.  This includes, but is not limited to,

providing  the  agenda  and  Board  packages,  scheduling,  notification,  publication  and  related
matters.	The service to be provided shall also include, but not be limited to planning, scheduling,
production and quality control, coordination, and administration of various professional service

elements.

The manager shall prepare and submit to the DISTRICT's Board budget and administer the adopted budget of the DISTRICT.

of

Supervisors a proposed annual

As the DISTRICT's Manager, we will consult with the DISTRICT Board of Supervisors

and its designated representatives, and when necessary, participate in such meetings, discussions,
project site visits, workshops, and hearings as may pertain to the administration, accomplishment
and fulfillment of the professional services with regard to the projects and general interest of the

DISTRICT.

The  Manager shall  consult with  and  advise  the DISTRICT on matters related to  the
operation and maintenance of the DISTRICT and assist the DISTRICT to ensure compliance with
all	statutes	and  applicable	law  affecting  the  DISTRICT.	The  Manager  will  maintain  the

DISTRICT's website in compliance with applicable law and ensure an e-mail system is in place

which provides a separate "CDD e-mail address" for all Board members with an archiving system

which will allow the Manager to respond to public records requests and maintain e-mails in

compliance with applicable records retention law.

II.	Accounting Services

The Manager shall define and implement an integrated

which will allow the DISTRICT to represent fairly and with full
of the DISTRICT. Monthly financial statements will be provided

financial statement to be prepared by a certified public accounting

These services will be coordinated with the DISTRICT's auditors

management reporting system

disclosure the financial position

in addition to a year-end audited

firm selected by the DISTRICT.

to assure a smooth and efficient

audit

of

the DISTRICT's books.

III.	Minutes and Records

The	Manager  shall	define	and  implement	a  system  of record	management  for	the

DISTRICT,  including a concise  and  accurate  record  of the  official actions  of the  Board  of
Supervisors and any appointed boards or committees,  and shall oversee the maintenance and

disclosure of DISTRICT's records pursuant to Florida law.

Rev

..

12.3.2018

7

IV.	Annual Assessments, Lien Book Maintenance and Dissemination Agent

The Manager will maintain the tax roll for the DISTRICTand and coordinate	rep01i to the
Tax Assessor and Tax Collector for the jurisdiction in which the DISTRICT exists.

The Manager will administer the DISTRICT's assessment methodology during platting
and maintain the DISTRICT's lien bookreleaseand	ofliens at closings.

The Manager will provide continuing disclosure filing coordination and assistance for
DISTRICT debt issues on EMMA as required by the MSRB and other regulatory agencies.

V.

Assessment Consulting Services

The Manager shall formulate the DISTRICT's special assessment methodology or similar

security for debt issuance in consultation with the DISTRICT's

counsel,  and  other  consultants  and professionals,  including

methodology report.

counsel, consulting
the preparation of

engineer, bond

an  assessment

Rev

..

12.3.2018

8

EXHIBITB

COMPENSATION FOR

SERVICES

The table below outlines the minimum management fees.	The fees depend upon the type
of district,  the  website  selected,  and  the  number  of debt  issues  outstanding  for  the

DISTRICT.  Fees are reviewed and adjusted annually pursuant to the DISTRICT's budget
process.	Our fees include the provision of the services described in Exhibit A, as well as

the reimbursable expenses set fmih in Section III(l ).

Type of District

Inactive

Developer Control

Resident Control

Website

Minimum

Standard

Deluxe

Lien Book, Tax Roll, and

Continuing Disclosure Services

Base Fee

Fee per debt issue

Assessment Methodology

Preparation and Assessment

Consulting Services

Management		
Fee		
$5,000		
$37,500		
$60,000		
Set Up	Annual	
$2,000	$1,250	
$3,000	$2,500	
$5,000	$5,000	
Amount		
$5,000		
$7,500		

Fee to be

negotiated

per debt

issuance

Rev

..

12.3.2018

9

EXHIBIT C

INSURANCE

MANAGER shall provide and maintain the following levels of insurance coverage at all times subsequent to the execution of this Agreement:

a)	Worker's Compensation insurance to cover full liability under worker's compensation laws in effect in Florida.

b)	General Liability insurance with limit of one million dollars ($1,000,000.00) per each occunence.

c)	Professional Liability insurance with limit of one million dollars ($1,000,000.00) per each occunence. Claims-made policies shall have at least a three-year reporting period.

d)	Employment Practices Liability insurance with limit of two million dollars ($2,000,000.00) per each occmTence.

e)	Commercial Crime insurance with limit of two million dollars ($2,000,000.00) per each occurrence.

f)	Comprehensive Automobile Liability insurance for all hired and non-owned vehicles used by the Consultant's staff with a combined single limit of one million dollars ($1,000,000.00).

The DISTRICT (and its staff, consultants, and supervisors as applicable) will be listed as additional insureds on the General Liability and Automobile insurance policies described above. The DISTRICT (and its staff, consultants, and supervisors as applicable) will be listed as a joint loss payee on the Commercial Crime insmance. None of the policies above may be canceled during the term of this Agreement (or otherwise cause the DISTRICT to not be named as an additional insured or joint loss payee where applicable) without sixty (60) days written notice to the DISTRICT. MANAGER will furnish the DISTRICT with a Certificate of Insurance evidencing compliance with this section prior to Agreement commencement and upon request.

Rev.. 12.3.2018	10

FINANCIAL ADVISORY AGREEMENT			
This agreement ("Agreement"), made and entered into this 15	th	day of January, 2019, (the		
				
"Effective  Date")  by  and  between  Boggy  Creek  Improvement  District  ("DISTRICT")  and		
Fishkind & Associates, Inc. (hereinafter called "FA"), sets forth the terms and conditions under		
which FA shall provide services.				
WHEREAS, the DISTRICT desires to obtain the services of a financial advisor to develop		
and assist in implementing the DISTRICT's strategies to meet its cunent and long-term operations,		
financial obligations, capital financing needs and render assistance in respect to debt transactions;		
and				

WHEREAS, FA is capable of providing the necessary financial

NOW, THEREFORE, in consideration of the above mentioned

be legallyhereby,bound	DISTRICT and FA agree as follows:

advisory services.

premises and intending to

I.

SCOPE OF SERVICES

FA shall provide, upon request of the DISTRICT, services related to financial planning,	
budget and strategic advice and planning, policy development and services related to debt issuance,	
as applicable and set forth in Exhibit A to this Agreement.  DISTRICT acknowledges and agrees	
that most tasks requested by DISTRICT will not require all services provided for in Exhibit A and	
as such the specific scope of services for such task shall be limited to just those services required	
to complete the task.  Any material changes in or additions to the scope of services described in	
Exhibit A shall be promptly reflected in a written supplement or amendment to this Agreement.	
byServices provided	FA which are not specifically referenced in the scope of services set forth in	
Exhibit A of this Agreement shall be completed as agreed in writing in advance between the	
DISTRICT and FA.		

II.	WORK SCHEDULE

The services of FA are to commence as soon as practicable after the

Agreement and a request by the DISTRICT for such service.

execution

of

this

III.	REGISTERED MUNICIPAL ADVISOR; REQUIRED DISCLOSURES

1.	FA is a registered municipal advisor with the Securities and Exchange Commission	
(the "SEC")  and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to  the	
Securities  Exchange  Act  of  1934  Rule  15Bal-2.	If DISTRICT  has  designated  FA  as  its	
independent registered municipal advisor ("IRMA") for purposes of SEC Rule 15Bal-l(d)(3)(vi)	
(the "IRMA exemption"), then services provided pursuant to such designation shallservicesbethe	
described  in  Exhibit A  hereto,  subject to  any  limitations provided  herein.   FA  shall not  be	
responsible for, or have any liability in connection with, verifying that FA is independent from any	
other paiiy seeking to rely on the IRMA exemption (as such independent status is required pursuant	
to the IRMA exemption, as interpreted from time to time by the SEC).  DISTRICT acknowledges	
and agrees that any reference to FA, its personnel and its role as IRMA, including in the written	

representation of DISTRICT required under SEC Rule 15Bal-l(d)(3)(vi)(B) shall be subject to prior approval by FA. DISTRICT further agrees not to represent that FA is DISTRICT's IRMA with respect to any aspect of a municipal securities issuance or municipal financial product, outside of the scope of services without FA' s prior written consent.

2.	MSRB  Rules  require  that municipal  advisors  make  written disclosures to  their

DISTRICTs of all material conflicts of interest, certain legal or disciplinary events and certain

regulatory requirements.	Such disclosures are provided in FA's Disclosure Statement delivered to

DISTRICT together with this Agreement.

IV.	FINANCIAL ADVISORY COMPENSATION

For

provided in

not	services

the services provided under this Agreement, FA' s professional fees shall be paid as

Exhibit B to this Agreement and DISTRICT shall pay expenses and fees for other

set fo1ih in Exhibit A as provided below.

1.

Reimbursable Expenses

In addition to  fees  for  services,  FA will be reimbursed for  necessary, reasonable,  and

documented out-of-pocket expenses incurred, including travel, meals, lodging, telephone, mail,

and other ordinary cost and any actual extraordinary cost for graphics, printing, data processing

and computer time which are incurred by FA subject to the limitations of Chapter 112.061, F.S.

Upon request of DISTRICT, documentation of such expenses will be provided.

2.	Other Services

Any services which are not included in the scope of services set forth Agreement will be subject to separate, mutually acceptable fee structures.

in

Exhibit A

of

this

V.

TERMS AND TERMINATION

This Agreement shall be effective as of the Effective Date until January  15, 2020  (the	
"Initial Term") and shall automatically renew for additional one (1) year periods ( each a "Renewal	
Term" and together with the Initial Term, the "Term"), unless terminated in writing by either party	
upon thirty (30) days written notice to the other party without cause, or immediately upon written	
notice  for  good cause.  For purposes  of this  Agreement,  the  term	"good cause"  shall  include	
misfeasance, malfeasance, nonfeasance or dereliction of duties by FA	which, in each case,	FA fails	
to cure within 10 days of notice thereof.  Upon such termination, FA will be paid for all services	
performed and costs and expenses incurred up to the termination date.		
VI.	ASSIGNMENT			
Neither party	may assign this Agreement or its rights or obligations hereunder without the	
prior written consent	of the other party ; provided that upon notice to DISTRICT, (i)	FA may	
assign this Agreement or any interests hereunder to a municipal advisor entity registered	with the	
SEC that directly or indirectly controls, is controlled by, or is under common control with, FA, or	
(ii) to any subsidiary	or affiliate of FA or a successor of FA in connection with the sale	of all or	

Rev. 31.10.2018

-2

substantially all of FA's assets. Subject to the foregoing, this Agreement shall be binding on the

hereto pmiies	and their respective successors and assigns.

VII.	INFORMATION TO BE FURNISHED TO FA

All information, data, rep01is, and records in the possession of the DISTRICT or any third

party necessary for carryingany out services to be performed under this Agreement ("Data") shall be furnished to FA and the DISTRICT shall, and shall cause its agent(s) to, cooperate with FA in its conduct of reasonable due diligence in performing the services, including with respect to the facts that are necessary in its recommendation(s) to the DISTRICT in connection with a municipal securities transaction or municipal financial product and/or relevant to the DISTRICT's dete1mination whether to proceed with a course of action. To the extent DISTRICT requests that FA provide advice with regard to any recommendation made by a third party, DISTRICT will provide to FA written direction to do so as well as any Data it has received from such third party relating to its recommendation. DISTRICT acknowledges and agrees that while FA is relying on the Data in connection with its provision of the services under this Agreement, FA makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data.

VIII.	NOTICES

All notices given under this Agreement shall be in writing, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the designated below. The parties designate the following as the respective places for giving notice, to wit:

DISTRICT:

Boggy Creek Improvement District

12051 Corporate Boulevard

Orlando, Florida 32801

Attention:	District Manager

With A Copy To:

Hopping Green & Sams, PA

119 S. Monroe Street, Suite 300

Tallahassee, Florida 32301

Attention: Tucker Mackie

FA:

Fishkind & Associates, Inc.

12051 Corporate Boulevard

Orlando, FL 32801

Attention: Hank Fishkind, President

Rev. 31.10.2018	3

IX.	TITLE TRANSFER

All materials, except functioning or dynamic financial models, prepared by FA pursuant exclusively to this Agreement shall be the property of the DISTRICT. Subject to the exception described above, upon te1mination of this Agreement, at DISTRICT's reasonable request no later than three (3) years after the termination of this Agreement FA shall deliver to the DISTRICT copies of any materials or documents pertaining to or prepared in accordance with this Agreement.

X.	FA'S REPRESENTATIVES

1.	Assignment of Named Individuals

Professional employees of FA will provide the services set forth in this Agreement and FA

may,time from to time, supplement or otherwise amend the team members. The individual listed below shall be the engagement manager for this Agreement.

•	Hank Fishkind, Ph.D.

2.	Changes in Staff Requested by the DISTRICT

The DISTRICT has the right to request, for any reason, FA to replace any member of the advisory team. Should the DISTRICT make such a request, FA shall promptly suggest a substitute for approval by the DISTRICT.

XI.	INSURANCE

FA shall maintain insurance coverage with policy limits not less than as stated in Exhibit

C.

XII.	LIMITATION OF LIABILITY

Except to the extent caused by willful misconduct, bad faith, gross negligence or reckless disregard of obligations or duties under this Agreement on the part of FA or any of its associated persons, neither FA nor any of its associated persons shall have liability to any person for (i) any act or omission in connection with the performance of its services hereunder; (ii) any en-or of judgment or mistake of law; (iii) any loss arising out of any issuance of municipal securities, any

municipal financial product or any other financial product, or (iv)financialany or other damages resulting from DISTRICT's election to act, or not to act, contrary to or upon any advice or recommendation provided by FA to DISTRICT.

XIII.	INDEPENDENT CONTRACTOR; NO THIRD-PARTY BENEFICIARY

FA, its employees, officers and representatives at all times shall be independent contractors and shall not be deemed to be employees, agents, pminers, servants and/or joint venturers of DISTRICT by vi1iue of this Agreement or any actions or services rendered under this Agreement. Nothing in this Agreement is intended or shall be construed to give any person, other than the Pmiies hereto, their successors and permitted assigns, any legal or equitable rights, remedy or
claim under or in respect of this Agreement or any provisionsherein. contained	In no event will

Rev. 31.10.2018	4-

FA be liable for any act or omission of any third party or for any circumstances beyond FA's reasonable control including, but not limited to, fire, flood, or other natural disaster, war, riot, strike, act of te1rnrism, act of civil or military authority, software and/or equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services.

XIV.	APPLICABLE LAW

This Agreement shall be construed, enforced, and administered according to the laws of the State of Florida. FA and the DISTRICT agree that, should a disagreement arise as to the terms or enforcement of any provision of this Agreement, each party will in good faith attempt to resolve said disagreement prior to pursuing other action.

XV.	ENTIRE AGREEMENT; SEVERABILITY

This Agreement represents the entire agreement between DISTRICT and FA and may not be amended or modified except in writing signed by both parties. For the sake of clarity, any separate agreement between DISTRICT and an affiliate of FA shall not in any way be deemed an amendment or modification of this Agreement. This Agreement supersedes all prior agreements, contracts, arrangements, or communications between the parties with respectmattertothe subject addressed herein, whether oral or written. The invalidity in whole or in part of any provision of
shall	this Agreement	not voidthe or affect	validity of any other provision.

XVI.	EXECUTION; COUNTERPARTS

party Each	to this Agreement represents and warrants that the person or persons signing

this Agreement on behalf of such party is authorized and empowered to sign and deliver this Agreement for such party. This Agreement may be signed in any number of counterparts, each of which shall be an original and all of which when taken together shall constitute one and the same document.

XVII.	PUBLIC RECORDS DISCLOSURE.

FA understands and agrees that all documents of any kind provided to the DISTRICT in connection with this Agreement may be public records, and, accordingly, FA agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Consultant acknowledges that the designated public records custodian for the DISTRICT is Fishkind & Associates, Inc. ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the FA 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 Agreement term and following the Agreement term if the FA does not transfer the records to the Public Records Custodian of the DISTRICT; and 4) upon completion of the Agreement, transfer to the DISTRICT, at no cost, all public records in FA's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records

Rev. 31.10.2018	- 5

pursuant to Florida laws.  When such public records are transfen-ed by the FA, the FA 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.

[Signature Page Follows]

Rev. 31.10.2018

- 6 -

IN WITNESS THEREOF, the DISTRICT and FA have executed this Agreement

the day and year herein above written.

as

of

BOGGY CREEK IMPROVEMENT DISTRICT

By:

Name: Richard Levey

Title: Chairman

Date:	January 15, 2019

FA
By:------------

Name:

----------

Title: President

Date:

-------------

Rev. 31.10.2018

- 7

EXHIBIT A

SCOPE OF SERVICES

1.

Services related to the

Financial

Planning

and

Policy Development upon request

of

the DISTRICT:

•	Assist with the formulation of the DISTRICT's special assessment methodology or

similar security for debt issuance in consultation with the DISTRICT's counsel,
consulting	engineer,	bond	counsel,	and	other	consultants	and	professionals;

notwithstanding the foregoing, these services shall not include the preparation of

an

assessment methodology report.

•

•

•

•

•

Assist  the  DISTRICT  in  the  formulation  of Financial  and  Debt  Policies  and

Administrative Procedures.

Review cunent debt structure, identifying strengths and weaknesses of structure so

that future debt issues can be designed to maximize ability to finance future capital

needs.	This will include, but not be limited to, reviewing existing debt for the

possibility of refunding that debt to provide the DISTRICT with savings.

Analyze future debt capacity to determine the DISTRICT's ability to raise future

debt capital.

Assist the DISTRICT in the development of the DISTRICT's Capital Improvement Program by identifying sources of capital funding.

Assist the DISTRICT with the development of the DISTRICT's financial planning
efforts	and  process  by  assessing	capital	needs,	identifying  potential	revenue

sources, analyze financing alternatives such as pay-as-you-go, lease/purchasing,

short-term vs. long-term financings, assessments, user fees, impact fees, developer

contributions,  public/private projects,  and  grants  and provide  analysis  of each
alternative as required as to the budgetary and financial impact.

•

Review  the	reports	of  accountants,	independent  engineers	and	other	project

feasibility consultants to  ensure that such studies adequately address technical,
economic, and financial risk factors affecting the marketability of any proposed

revenue  debt  issues;  provide bond market assumptions  necessary for  financial
projections included in these studies; attend all relevant working sessions regarding

the preparations, review and completion of such independent studies; and provide
written comments and recommendations regarding assumptions, analytic methods,

and conclusions contained therein.

•

Develop, manage and maintain computer models for long-term capital planning
which provide for inputs regarding levels of non-ad valorem special assessment and

other revenues growth rates by revenue and expenditure item, timing, magnitude
and cost of debt issuance, and project operating and  capital balances,  selected

Rev. 31.10.2018

- 8 -

operating and debt ratios  and other financial performance	measures	as	may be		
					
determined by the DISTRICT.					

•	Conduct strategic modeling and planning and related consulting.

•	Attend meetings with DISTRICT's staff, consultants and other professionals and the DISTRICT.

•	Undertake financial planning and policy development assignments made by the DISTRICT regarding financings, and financial policy including budget, tax, cash management issues and related fiscal policy and programs.

•	Assist the DISTRICT in preparing financial presentations for public hearings and/ or referendums.

	•	Provide special financial services as requested by the DISTRICT.			
	2.	Services Related to Debt Transactions (Includes short term financings, notes, loans,		
letters	of credit, line of credit and bonds); provided that if the transaction is competitive,	the		
				
services of the financial advisor will reflect that process.  Upon the request of the DISTRICT:			

•

•

•

Analyze financial and economic factors to determine	if the issuance	of bonds is	
appropriate.							
Develop a financing plan in concert with DISTRICT's staff which would include	
recommendations as to the timing and number of series of bonds to be issued.	
Assist the  DISTRICT by  recommending  the  best method	of sale,	either	as  a	
negotiated  sale,  private  placement  or	a	public  sale.	In	a  public	sale,	make	
recommendation as to the dete1mination	of	the best bid. In the event of a negotiated	
sale, assist in the solicitation, review and evaluation of any investment banking	
proposals, and provide advice and information necessary to aid in such selection.	

•

•

•

•

•

•

Advise as to the various financing alternatives available to the DISTRICT .		
Develop alternatives related to debt transaction including evaluation of revenues		
available, maturity schedule and cash flow requirements.		
Evaluate benefits of bond insurance and/or security insurance for debt reserve fund .		
If  appropriate,  develop  credit  rating  presentation	and  coordinate  with  the		
			
DISTRICT the overall presentation to rating agencies.			
Review underwriter's  proposals  and  submit  a written analysis  of same to  the		
DISTRICT.			
Assist the DISTRICT in the procurement of other services relating to debt issuance		
such as printing, paying agent, registrar, etc.			

Rev. 31.10.2018

- 9 -

•

•

•

•

•

•

•

Identify key bond covenant features and advise as to the financial consequences	of		
			
provisions  to  be  included  in	bond  indentures,  resolutions  or  other  governing		
documents regarding security, creation of reserve funds, flow of funds, redemption		
provisions, additional parity debt tests, etc.;  review and comment on successive		
drafts of bond governing documents.							
Review the requirements and submit analysis to bond	insurers, rating agencies and		
other professionals as they pertain to the DISTRICT's	obligation.				
							
Review  the  te1ms,  conditions  and  structure  of  any  proposed  debt  offering		
undertaken  by  the  DISTRICT  and  provide  suggestions,	modifications	and		
					
enhancements where appropriate and necessary to reflect the constraints or current		
financial policy and fiscal capability.							
Coordinate with DISTRICT's	staff and other advisors as respects the furnishing	of		
data  for  offering  documents,	it  being  specifically  understood  that  FA  is  not		
responsible  for the  inclusion or omission of any material in published offering		
documents.								
As applicable, advise the DISTRICT on the condition	of the	bond market at the		
time of sale, including volume, timing considerations,	competing offerings, and		
						
general economic considerations.							
Assist and advise the DISTRICT in negotiations with investment banking groups		
regarding fees, pricing of the bonds and final terms of	any security offering, and		
make recommendations regarding a proposed offering to obtain the most favorable		
financial te1ms based on existing market conditions.							
Arrange  for  the  closing  of the  transaction  including,	but not  limited,  to	bond		
printing, signing and final delivery of the bonds.							

•

3.

Assist and advise the DISTRICT with investment of proceeds of debt offerings

Special Services. Upon request of the DISTRICT:

FA

may

provide

1.

2.

3.

4.

5.

6.

7.

8.

other services which shall include, but not be limited to, the following:

Impact fee financial analysis

Rate analysis

Management analysis

Referendum assistance

Legislative initiatives

Project assessment analysis

Implementation of revenue enhancement pro grams

Investment advisory services  (services to be provided by an affiliate

under separate agreement between the DISTRICT and such affiliate))

of

FA

Rev. 31.10.2018

-10-

9.	Arbitrage and rebate services (services to be provided by an affiliate of FA under separate agreement between the DISTRICT and such affiliate)

10.	Financial analysis of projects being developed by engineer/architect studies
11.	Negotiate on behalf of the DISTRICT for proposed projects

Rev. 31.10.2018	- 11 -

EXHIBITB

COMPENSATION

FOR

SERVICES {Negotiable)

Description

TRANSACTIONAL FEE SCHEDULE

A. Conventional Long-Term Fixed Rate Debt

Up to $25 Million

$25 Million up to $50 Million

Over $50 Million up to $75 Million

Over $75 Million

Above Fees Subject To:

Minimum

Maximum

Additional Fee -  Refunding Transaction

Unit Price		
	Non-investment	
Investment Grade	Grade	
$1.00/ $1,000	$1.00/ $1,000	
$0.85/ $1,000	$1.00/ $1,000	
$0.75/ $1,000	$0.85/ $1,000	
$0.50/ $1,000	$0.75/ $1,000	
$20,000.00	$25,000.00	
$125,000.00	$200,000.00	
$ NIA (excluding escrow structuring if	
requested)		

B. Notes, Including but not Limited to TANS and RANS	$15,000.00	1		
				
Fee for investment grade, publicly offered issues; fee for private placement or non-investment		
1					
grade public offering will be negotiated prior to the sale.					
NON-TRANSACTIONAL FEE SCHEDULE					
C. Professional Fees					
Managing Director	$300.00/ Hour		
Senior Managing Consultant ( other senior staff)	$250.00/ Hour		
Senior Analyst (Analyst)	$150.00/ Hour		
Administrative Staff	$0.00	I Hour		

D.

Out

of

Pocket Expenses

Not to Exceed

Travel

Lodging

Meals

Postage

Telephone

Copies

Printing

$2,000.00 per Issue*

At Cost

At Cost

At Cost

At Cost

At Cost

0.10 Black & White; 0.50 for Color

0.10 Black & White; 0.50 for Color

Rev. 31.10.2018

-

12

-

*FA also offers a flat "overhead" fee of $1,500 per financing to cover all typical expenses ( copies,
printing, in state travel, etc.). Both structures exclude New York and other out of state travel, which

is billed at cost.

Other Services

In addition to advising on bond transactions, FA is often called upon to perform many additional
duties. These may include structuring and implementation of the refunding escrow, debt service
reserve  and	debt  service  payment  fund	investment  structuring,	arbitrage  rebate  compliance,

investment agreement and float contract bidding, investment liquidation, interest rate swap pricing

and implementation, and other related services. These services would be provided via separate
contract with the appropriate FA related entity such as FA Asset Management, LLC. If needed or

required under this proposal, these services are subject to a separate fee to be negotiated in advance
at the time of the service. FA fully discloses all fees related to any transaction.

Rev. 31.10.2018

- 13	-	

EXHIBIT C

INSURANCE

Fishk:ind  &  Associates,	Inc.	("FA")  has  a  complete  insurance  program,	including  property,

casualty,  comprehensive  general  liability,  automobile liability and workers compensation.  FA

maintains  professional  liability and fidelity  bond coverages which total  $30  million and $10

million, respectively. FA also carries a $10 million cyber liability policy.

Our Professional Liability policy is a "claims made" policy and our General Liability policy claims

would be made by occurrence.

Deductibles/SIR:

Automobile $250 comprehensive & $500 collision

Cyber Liability $50,000

General Liability $0

Professional Liability (E&O) $1,000,000

Financial Institution Bond $75,000

Company Insurance

&

AM

Best Rating

Professional Liability (E&O)	Endurance American Specialty Insurance; (A+; XV)	
	XL Specialty Insurance Company; (A; XV)	
	Continental Casualty Company; (A; XV)	
&	IndemnityStarr	Liability Company; (A; XIV)	
Financial Institution Bond	Federal Insurance Company; (A++; XV)	
Cyber Liability	HarborIndian	Insurance Company (A; XV)	
General Liability	Great Northern Insurance Company; (A++; XV)	
Automobile Liability	Federal Insurance Company; (A++; XV)	
Excess /Umbrella Liability	Federal Insurance Company; (A++; XV)	
Workers Compensation	Great Northern Insurance Company; (A++; XV)	
& Employers Liability			

Rev. 31.10.2018

-14-

BOGGY CREEK

IMPROVEMENT DISTRICT

Requisition Nos. 2018 - 40 -  42, 2018 -  44 & 45, 2018 -  47 & 48 Approved in December 2018 in an amount totaling $40,111.54

BOGGY CREEK IMPROVEMENT DISTRICT

DISTRICT OFFICE• 12051 CORPORATE BLVD• ORLANDO, FL 32817

PHONE: (407) 382-3256 • FAX: (407) 382-3254

Requisition Recap

For Board Approval

Attached please find the listing of requisitions approved to be paid from bond funds from December 1, 2018 through December 31, 2018. This does not include requisitions previously approved by the Board.

REQUISITION NO.	PAYEE	AMOUNT	
2018-40	Greeneway Improvement District	$2,076.10	
2018-41	Hopping Green & Sams	$1,668.50	
2018-42	Boggy Creek Improvement District	$250.00	
2018-44	Boggy Creek Improvement District	$1,435.68	
2018-45	Donald W. McIntosh Associates	$19,158.09	
2018-47	LandDesign	$1,337.67	
2018-48	Traffic Control Devices	$14,185.50	
		$40,111.54	

EXHIBITD

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND 2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE:	November 9, 2018	REQUISITION NO:	2018-040	
PAYEE:	Greeneway Improvement District	AMOUNT DUE:	$2,076.10	
ADDRESS:	12051 Corporate Boulevard	FUND:	Acquisition/Construction	
	Orlando, FL 32817			
ITEM:	Nemours 7 Project at 12.89% ofOUC Work Order 657208 Paid Originally In Full by	
	Greeneway Improvement District			

The undersigned hereby certifies that obligations in the stated amount set forth above have been incun-ed by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previous! y been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

BOGGY CREEK IMPROVEMENT DISTRICT
,/-::-:_~~	/1,,~-
,/BY·	'	/.46
/-----	.	/
. .	CHAIRMAN or VICE CHAIRMAN

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The undersigned District Engineer hereby certifies that this disbursement is for a cost of the 2018 Project and
is consistent with:	(i) the applicable or construction contract; (ii) the pl	s and specifica runs for the portion of the
2018 Project with respect to which such disbursement is being m,a7e;	(ii) the re  ort	f	District Engineer.

BY:

BCID Series 2018 Req. 040- GTeeneway Improvement District	November 9, 2018	Page 1 ofl

RECEIVED DEC

EXHIBITD

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND 2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE:	November 9, 2018	REQUISITION NO:	2018-041	
PAYEE:	Hopping Green & Sams	AMOUNT DUE:	$1,668.50	
ADDRESS:	119 S. Monroe Street, Ste. 300	FUND:	Acquisition/Construction	
	PO Box 6526			
	Tallahassee, FL 32314			
ITEM:	Invoice 103555 for Project Construction Through 09/30/2018		

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the  Governing  Body of the District has  approved this

requisition or has approved the specific contract with respectpursuanttowhich disbursements to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.
BOGGY CREEK IMPROVEMENT1:~----DISTRICT
_--<~~--  -----/.
_,,,,.--:---/	<	BY:	C	./	~~
CHAIRMAN or VIC~ SHAIRMAN
':!::a mo n  I/t-11 l-u. ~

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

BCID Series 2018 Req. 041- Hopping Green & Sa~s	November 9, 2018	Page 1 ofl

!iECEI\/ED DEC	·1	9 20'18

EXHIBITD

2018

BOGGY CREEK IMPROVEMENT DISTRICT

REQUISITION FOR PAYMENT AND

NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE:	November 16, 2018	REQUISITION NO:	2018-042	
PAYEE:	Boggy Creek Improvement District	AMOUNT DUE:	$250.00	
ADDRESS:	c/o Fish.kind & Associates	FUND:	Acquisition/Construction	
	12051 Corporate Boulevard			
	Orlando, FL 32817			
ITEM:	Reimbursement to District for a Plan Revision Fee for Lake Nona Boulevard Traffic Signal	
	Modification at Tavistock Lakes Boulevard and Veterans Way Project Paid to City of Orlando	
	Out of O&M Funds			
The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by	
the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction	
Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition	
and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has	

not previously been paid.

The undersigned hereby further certifies of any lien, right to lien, or attachment upon, or payable to the Payee set forth above, which has payment hereof.

that there has not been filed with or served upon the District notice claim affecting the right to receive payment of, any of the monies not been released or will not be released simultaneously with the

The undersigned hereby further certifies that such requisition contains no item representing
account of anywhichretained percentage,	the District is at the date of such certificate entitled to retain.

payment

on

It is hereby represented by the undersigned that the

requisition or has approved the specific contract with respect to

due and payable.

Governing Body of which disbursements

the District pursuant to

has this

approved this

requisition are

Attached hereto are photocopies of the invoice(s) from the vendor rendered with respect to which disbursement is hereby requested.

of

the property acquired or services

BOGGY

CREEK

IMPROVEMENT DISTRICT

..-=

-=-;>

I	....--·
/.J.----

>>BY=-

r	/

-

Fe:;,

The
;, ,onsli<tent

20 I 8 Proj ,ct

CHAl~or VICE CHAI~
~1YJ.011	Ven+ure;...,_
DISTRICT ENGINEER'S APPROVAL FOR PROJECT!rEXPENDITURES
undersigned District Engineer hereby certifies that this disbursement is for a cost of the 2018~J~iProject and)
withe	(i) tho applicablo m oon,truction ,ontrn,t; (,i) '1'.'	spodficafon, fo, th, portion of th,
with respect to which such dislnrrsomont~~,ing mad,/	:i)	r/;,rt o ~t	f

DISTRICT

·

IN'

E~\.-~')

e_._\

~,

(\je_1,__,j,-C0

Q.E

BCID Series 2018 Req. 042 -	Boggy Creek Improvement District	November 16, 2018	

Page 1

ofl

0r,

,::~r"'1·=1;:.,:.

'I,,. r..·.
. c,J

EXHIBITD

BOGGY CREEK IMPROVEMENT DISTRICT REQUISITION FOR PAYMENT AND 2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE:	November 30, 2018	REQUISITION NO:	2018-044	
PAYEE:	Boggy Creek Improvement District	AMOUNT DUE:	$1,435.68	
ADDRESS:	c/o Fishkind & Associates	FUND:	Acquisition/Construction	

12051 Corporate Boulevard

Orlando, FL 32817

ITEM:

•

Reimbursement to District for an Additional Plan Revision Fee for the Nemours Parkway West & Lift Station 10 Project Paid to City of Orlando Out of O&M Funds -

$250.00

•	Reimbursement to District for the Cost of a 3" Reclaim Meter Paid to Orlando Utilities Commission out of O&M Funds - $1,185.68

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

undersignedThe hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

BOGGY CREEK IMPROVEMENT DISTRICT
/	----··.		
/ . ··r: _ ::~==~~-----			
~ CHAIRMAN&ICE CHAI~	/'""-		
' am on  V..e.				
DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

BY:

BCID Series 2018 Req. 044 - Boggy Creek Improvement District	November 30,	Page 1 ofl

2Uo~110

EXHIBITD

DATE:

PAYEE:

ADDRESS:

ITEM:

BOGGY CREEK IMPROVEMENT DISTRlCT		
REQUISITION FOR PAYMENT AND		
2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT	
November 30, 2018	REQUISITION NO:	2018-045	
Donald W McIntosh Associates	AMOUNTDUE:	$19,158.09	
2200 Park Avenue North	FUND:	Acquisition/Construction	
Winter Park, FL 32789			

•	Invoice 35886 for Project 23218 (Lake Nona Boggy Creek) Through 11/02/2018 - $2,670.62

•	Invoice 35947 for Project 16106 (Nemours Parkway Phase 7 Design and Permitting and Lift Station No. 7) Through 11/02/2018 -$287.10
•	Invoice 35949 for Project 16193 (Lake Nona Town Center Parcel 22A Perimeter		
	Road, Lift Station 10 and Forcemain)	$12,298.67		
•	Through 11/02/2018 -			
	Invoice 35953 for Project 18128 (Nemours			
	Parkway Phase 7-Construction Phase		
	Services -  BCID)			
	Through 11/02/2018 -  $3,901.70			

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

The undersigned
of any lien, right to lien,

payable to the Payee set
payment hereof.

hereby further certifies or attachment upon, or forth above, which has

that there has not been filed with or served upon the District notice claim affecting the right to receive payment of, any of the monies not been released or will not be released simultaneously with the

The undersigned hereby further certifies that such requisition contains no	
account of any retained percentage, which the District is at the date of such certificate	
It is  hereby represented  by the undersigned that the  Governing Body	of	
requisition or has approved the specific contract with respect to which disbursements	
due and payable.		
Attached hereto  are photocopies of the invoice(s) from  the vendor of	the	
rendered with respect to which		
disbursement is hereby requested.		

item representing payment on entitled to retain.

the District has approved this pursuant to this requisition are

property acquired or services

BOGGY

CREEK IMPROVEMENT DISTRICT

../BY:____------C/

~~./~
•	t-~

~

c~or VICE ~Clmor1..

CJy\JR.I',fAN
V e_rrtu n:,...__

BCID Series 20 I 8 Req. 045 -	Donald W McIntosh Associates	November 30, 2018	

Page

1

of2

RECEIVED

DEC

9

2018

DISTRICT ENGINEER'S

APPROVAL

FOR

PROJECT EXPENDITURES

The

is consistent

2018 Project

undersigned	
with:	(i) the	
VOth	,~pect	

District Engineer hereby certifies that this disburse	en7nh;·isforacost1,the2018Project and

applicable or construction contract; (ii) the plan/and spe;:;;}ioy:s for the portion of the
to which such dfab=cnmnt~:,cing mad1(;/;

DIS1RICT

EN

INEER"[V))e.

'i.'f~•r'9/e=-·t_

.~ :_)

,
c..J

,

"'\""'. \'-l, ___-._

.

,.J.,.,r-. _\ l'-\t

•

BCID Series 2018 Req.

045

-Donald

W McIntosh Associates

November 30, 2018

Page

2

of2

EXHIBITD

BOGGY CREEK IMPROVEMENT DISTRICT

REQUISITION FOR PAYMENT AND

2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE:	November 30, 2018	REQUISITION NO:	2018-047	
PAYEE:	LandDesign	AMOUNTDUE:	$1,337.67	
ADDRESS:	POBox36959	FUND:	Acquisition/Construction	
	Charlotte, NC 28236			
ITEM:	Invoice 92584 for Project 8117011 (Lake Nona Town Center Loop Road/Boggy Creek CDD)	
	Through 10/27/2018			

The undersigned hereby certifies that obligations in the stated amount set forth above have been incurred by the District, that each disbursement set fmth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incuITed in connection with the acquisition and the construction of the 2018 Project (herein after the "Project") and each represents a Cost of the Project, and has not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claim affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursement is hereby requested.

BOGGY CREEK IMPROVEMENT DISTRICT
___,~~ I:-~
/-BY:  -	C	/·.t,G
or	CHAIRMAN	VICE CJWR.Mf,.N
':l::Jamon Yt n..f-l re;._

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

n	<:
\--'	-L

BCID Series 2018 Req. 04 7 -  LandDesign	November 30, 2018	Page 1 ofl

EXHIBITD

BOGGY CREEK IMPROVEMENT DISTRICT

REQUISITION FOR PAYMENT AND

2018 NOTE REQUISITION AND CONSTRUCTION ACCOUNT

DATE:	November 30, 2018	REQUISillON NO:	2018-048	
PAYEE:	Traffic Control Devices	AMOUNTDUE:	$14,185.50	
ADDRESS:	PO Box 150418	FUND:	Acquisition/Construction	
	242 N Westmonte Drive			
	Altamonte Springs, FL 32715-0418			
ITEM:	Invoice 6129 for Pay Application #1 (Project 18006107 (Nemours Pkwy & Lake Nona Blvd))	
	Through 11/14/2018			

The undersigned hereby certifies that obligations in the stated amount set fo11h above have been incurred by the District, that each disbursement set forth above is a proper charge against the 2018 Acquisition and Construction Account, referenced above, that each disbursement set forth above was incurred in connection with the acquisition
and the construction of the 2018 Project (hereinthe after	"Project") and each represents a Cost of the Project, and has

not previously been paid.

The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any lien, right to lien, or attachment upon, or claini affecting the right to receive payment of, any of the monies payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof.

The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage, which the District is at the date of such certificate entitled to retain.

It is hereby represented by the undersigned that the Governing Body of the District has approved this requisition or has approved the specific contract with respect to which disbursements pursuant to this requisition are due and payable.

Attached hereto are photocopies of the invoice(s) from the vendor of the prope1ty acquired or services rendered with respect to which disbursement is hereby requested.

BOGGY CREEK IMPROVEMENT DISTRICT
?B~-~?~--
CHAlRMA~VICE CHA1]¼1,AN	I
~ mo rl   Ye_ 11--t--<J ra_.

DISTRICT ENGINEER'S APPROVAL FOR PROJECT EXPENDITURES

The undersigned District Engineer hereby certifies that this disbursem";9,~· for a cost of tµe 2018 Project and
is consistent with:	(i) the applicable or construction contract; (ii) the::;?"ifplans~asecificatyms f6r the portion of the
2018 Prnjcot wi1h rnspcot to whkh such disbumoment~:,,mg made;	ort of the	fa:ct ;;;

DISTRICT ENG	E~ - W-~-\ u . \'--"e'--!..'Sk-'0 I p .£. -
~.J

BCID Series 2018 Reg. 048 - Traffic Control Devices	November 30, 2018	Page 1 ofl

BOGGY CREEK
IMPROVEMENT DISTRICT

Operation and Maintenance Expenditures
Paid in December 2018 in an amount

totaling $122,376.87

BOGGY CREEK IMPROVEMENT DISTRICT

DISTRICT

OFFICE• 12051 CORPORATE BLVD• ORLANDO, PHONE: (407) 382-3256 • FAX: (407) 382-3254

FL

32817

Operation and Maintenance Expenditures

For Board Approval

Attached please find the check register listing Operations and Maintenance expenditures paid from December 1, 2018 through December 31, 2018. This does not include expenditures previously approved by the Board.

The total items being presented:

$122,376.87

Approval

of

Expenditures:

Chairman

Vice Chairman

__

Assistant Secretary

1/3/19 3:35:18

PM

Boggy Creek Improvement District

AP Check Register (Current by Bank)

Check Dates: 12/1/2018 to 12/31/2018

Page: 1

Check No.	Date	Status	Vendor	ID	Payee Name		
BANK ID:	SUN • CITY NATIONAL BANK					
3283	12/11/18	p		ALLEN		Allen E Smith Ranch & Farming		
								
3284	12/11/18	p		AWC		Aquatic Weed Control, Inc.		
		p						
3285	12/11/18			VALLEY		BrightView Landscape Services		
								
3286	12/11/18	V	12/11/18	VALLEY				
3287	12/11/18	p		CAROL		Carol King Landscape Main!.		
								
3288	12/11/18	p		DONMC		Donald W. McIntosh Associates		
		p						
3289	12/11/18			EGIS		Egis Insurance Advisors LLC		
								
3290	12/11/18	p		FISH		Fishkind & Associates, Inc.		
		p						
3291	12/11/18			HTFL		Hathaway'sTree Farm & Landsca		
								
		p						
3292	12/11/18			HGS		Hopping Green & Sams		
		p						
3293	12/11/18			MLM		Michael'sLighting Main!.		
		p						
3294	12/11/18			ORLSEN	Orlando Sentinel		
							
3295	12/11/18	p		RLEVEY		Richard Levey		
								
3296	12/11/18	p		TCZAPK		Thaddeus Czapka		
								
3297	12/11/18	p		VENTUR	Ventures In.com		
							
3298	12/19/18	p		VALLEY		BrightView Landscape Services		
		p						
3299	12/19/18			HGS		Hopping Green & Sams		
		p						
3300	12/19/18			JBB		JBB Enterprises		
								
3301	12/19/18	p		MLM		Michael'sLighting Main!.		

3302	12/19/18	p		SEF		Special Event Floral		

	Amount	
	001-101-0000-00-01	
	$300.00	
	$5,845.00	
	$41,252.11	
	$20,429.00	
	$806.00	
	$3,273.00	
	$9,907.47	
	$1,950.00	
	$2,080.60	
	$662.50	
	$978.86	
	$200.00	
	$200.00	
	$105.00	
	$17,958.00	
	$1,449.10	
	$1,050.00	
	$333.00	
	$4,318.00	
BANK SUN REGISTER TOTAL:	$113,097.64	

GRAND TOTAL :	$113,097.64	

◊

* Check Status Types: "P" · Printed ** Denotes broken check sequence.

; "M" • Manual ; "V" • Void ( Void Date ); "A" . Application;

"E"

•

EFT

BOGGY CREEK IMPROVEMENT DISTRICT

Payhl(:}ht Authorization #376 (revised)		
11/9/2018							
Item				Payee		
No~							
1	All~ti E SmitH	Ranch	& F~rming		
	Oak Tree	Removal			
2	BrightView Landscape'Services		
							
	November Landscape	Maintena_nce		
	Z.one #13	Repair			
	Zones #2	&#5	Repairs		
	Zones #8,	#14,	#18, #2,4, & #28 Repairs		
	Controller	#13	Repair			
	Controller	#11	Re.pair			
	Clock #27	Repair			
	Zones #4,	#1 :3,	&#15	Repairs		
	Clock #23	Repair			
	Fall Flpwer Jns.iallation			
	Zones #2·,	#4,	&, #1 0 Repairs		
	Sod Enhancement	·		
	Controll.er	#29	Repair			
	Controller	#17	Repair			
3	Hoppin9. Green & Sams		
	General C9u_n~el Through 09/30/2018		
4	Micha~l'sLighting &	Elec;;tric		
	Night LightrhQ	Check 10/31/2018		

Invoice		General	Fiscal		
					
Number		Fund	Year		
3580	$	300.00	FY2018		
602M7B	$	17,958.00			
6025607	$	66.50			
6025l?11	$	15_3.00			
	~				
6025613		599.00			
					
60251314	$	79.00			
6Q25616	$	52;00			
6025618	$	~44.00			
6025623	$	241,00			
6025625	$	202.00			
6032487	$	5,430.20			
603250.9	$	146.50			
6035979	$	9 435.00			
		'..-....			
6035992	$	377'.50			
6035996	$	.675.$0			
103554	$	2,08Q.60	Ff.?018		
7106	$	81.25	idDII~=-"'"...~		
Tb.TAL					

Secretc;1ry/Assi$:ta,nt

Seqr~tary

Chairperso_n

2,3~Q.60

36,140.45

RECEIVED	DEC	Oi\	20'18	

------------~-------

BOGGY CREEK IMPROVEMENT DISTRICT

Payment Authorization #377

11/16/2018

Invoice

Number

General

Fund

Fiscal

Year

1

2

3

4

5

s

Aquatic	Wee~ Control, Inc,							
June Waterway service							
Ju-ly Waterway Service							
AugLJst Waterway $ervice							
September Waterway serviqe							
October	Waterway Service							
November Waterway Service							
·13rightVieW Landscape Services						
Controller #17	Repair							
Carol King Lattdsc~Rt! M;.lintenance					
November ICM Landscape Maintenance				
Fishldnd & Assoqiates							
FY 2018	Dissemination Serviqes						
Michael'sLighting & Electric							
Interchange Lighting Repla(lemeht		It				
O.UC	f J	D ¥J  I, ti f	l / / l	I		g		
Acct: 2562183178; Service 10/02/2018"	11/01/2018		

25781

26654

27521

28389

29681

3069~

604434

163464

23670

7144

$	835.00	
$	835.00	
$	835.00	
$	835;00	
$	835,00	
$	835.00	
$	125,50	
$	20,4~9.00	
$	5,000.00	
$	500.00	
$	9,697.67	

FY201a

'FY2018

'fY,201e

FY2018
--	
-	
!i;i;	~a.~	
.FY.2o1~	
--	
,	_ .	
i!-[1/	.. :. .. :-!•·	

TOTAL

$

40,762.17

Chairperson

8,340.00

32,422.17

./

BOGGY CREEK IMPROVEMENT DISTRICT

P~yment Authorization #378			
111301201a			
Item	Payee		
			
No.			

1	Donald W McIntosh Associates		
			
	Ehgiheering Services Through 11/02/2018		
2	Egis·	Insurance & Risk Advisors		
	FY 2019 Property lnsLJraiice		
3	Fishl:dnd & Associ~tes		
	DM Fee & Reirnbursables: Novernber 2018		
4	Hathaway'sTr~e Farm & Landscaping·		
	Tree. Transplant		
5	.Orlando Sentinel		
	Leg1:1I	Advertising 10/29/2018 & 11/05/2018		
	Legal	Advertising 1111212018		
6	Supervisor Fees .-11/19/2018 Meeting		
	Richard Levey		
	Ttia.d	Czapka		

Invoice

Number

35885

8331

23689

8392

OSC2286276

OSC2421795

TOTAL

	General		
	Fund		
$	806.0b		
$	3,273.00		
$	4,907.47		
$	1,950.00		
			
$	801.36		
$	177.50		
$	200..00		
$	200.00		

Fiscal

Year
-			
.	-   ·~'--~		
-	.,		
-				
				
-				

Chairperson

F1(201a

12,31S,33

RECEIVED

DEC

OIt

2018

aoGGY.CREEK IMPROVEMENT OISTR[OT

.. · ···  · ··t·A•.	thoi ation #379
P a_ymen	u	r i ..  ...
12/7/20.l~

Item	Payee

Ne>.

1	Aquatic Weed control

Oec1:imb!:lr WfJ.terway $ervfoe

2	Bi'ightVi~wLanif~cPrn:rServices
'M~djbolPalm Refiiova·,
Pbfnsett1a rn·staifatidn ...

confraH!:!r 4 R~p~ii-

3	@i.t.hij~r~J-igbting ~ E!e.G.tric

	Nigtttli~htihg cneck on 1'1/30/2018
4	ouc	rJ  o I'\1, ·f\-l	, 2.. /,, It 8'		
.~·	A~~t 2~62183178,; Serv.ic~ 11/011201$.; ·12/03i2018		
	Ventur:~s in:·cr;m			
	Oep~n:iti~r Appl/¢?tiai, H<i@.ng			

Se:cretary/Assistaht S:e.cret~fy

lnWice		GeheraI		
Number		·Fund ..		
				
	$			
6014363	.$	e$p.oo		
·136ii@Bs	~	$ 750A5		
60145f2	$	1		
		66,!3:~6		

7245

Chairperson

RECEIVED DEC  10 2018

I!'!!.·.--------	~~•--••----•--•--•-•--»- -~~u--,-------------		

BOGGY CREEK IMPROVEMENT	DISTRICT		

Payment Authorization #380

12/14/2018

Item	Payee	Invoice		

No.			Number		
					
1	BrightView Landscape Services	6067677		
	December Landscape Maintenanoe			
				
2	Hopping Green & Sams	10/31/2018	104211		
	General Counsel Throµgh				

3	JBB Enterprises
	Core Bore (3) Knee	Walls	2$70		
					
4	Lighting	& Electric			
	MicJla.el's		8Q:39		
	Exterior Lighting Replacements			
				
5	Special Event Floral	18-442		
	Holiday Dl:!Qoratioris				
			18.,443		
	lriterchange Holiday Decorations			

	General		
	Fund		
$	17,958.00		
$	1;44R10		
$	1,050.00		
$	333.00		
			
$	802.00		
			
$	3,516;00		

TOTAL

$

25,108.10

Secretary/Assisfanf

Secr~tary

Chairperson

RECEIVED

DEC

1

7

2018

BOGGY CREEK

IMPROVEMENT DISTRICT

Recommendation of
Work Authorization/Proposed Services
(if applicable)

BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation for· Work Authorization/ Proposed Services

Pl'Oject Name:	Lake Nona Blvd. Traffic Signals at Veterans Way and Tavistock Lakes Blvd.

Brief Description:	Construction Phase Servi~ces for the two intersections and signal modifications.

Name of ConsultantNendor:	Donald W. McIntosh Associates, Inc.

Is this work pursuant to an existing Agreement?

If so, name and date of Agreement:

ls this project included in the District Capital Improvement Plan?

Are the services required contemplated in the Capital Improvement Plan?

Is this a continuation of previously authorized work?

Proposal attached:	/	Yes	__...;No	
Form of Agreement Utilized: .;P..:ro=..-ipc..:o..=s-al=------------	
Amount of Services:	$ 7 800.00		
Recommendation:	✓ Approve	Deny	

By:   ~	.:/409	

/	Yes	___No

✓	Yes	__No

/	Yes_  __No

/	Yes    ___No

Boggy Creek Improvement District Construction Committee

c:	Jennifer Walden Tucker Mackie Jeffrey Newton Lynne Mullins

January 10, 2019

DoNALD W. MclNTOSH
Assoc1ATES,  INc.
Mr. Richard Levey, Chairman
Board of Supervisors
Boggy Creek Impro-vement District

12051 Corporate Boulevard

Orlando, Florida 32817

Subject:	Lake Nona Boulevard Signal Modifications at Veterans Way and

Tavistock Lakes Boulevard
Construction Phase Services
OWMA Job No. 17162 (006-008)

Dear Mr. Levey:

Donald W . Mclntosh Associa es, Inc. (DWMA) is pleased to submit for your consideration this additional services agreement to provide professional engineering services to Boggy Creek Improvement District (BC1D) ("CLIENT") for Construction Phase Services related to the roadway improvements required to support the proposed Signal Modifications on Lake Nona Boulevard at Veterans Way and Tavistock Lakes Boulevard ("Project''). As detailed in the scope of services, this proposal includes: 1) Site observation visits during constructio n of the additional tum lane at the Veterans Way/Lake Nona Boulevard intersection and median nose modifications at the Tavistock Lakes Boulevard/Lake Nona Boulevard intersection; 2) attendance at City of Orlando final and follow up punch-list inspections; ~d 3) final project certification as 1·equired by the City of Orlando. We will provide these services 'pursuant tb our current contract with Boggy Creek Improvement District dated September 8; 2003 ("Contract") as follows:

BASIC SERVICES & ITEMIZED FEES

The nature, scope and schedule (if any) of Basic Services to be pe1fo1med by DWMA under this Agreement, are set fo1th below.

CLIENT may, fromt time o time, request DWMAservicesto perform in connection with the Project which are outside the scope of the services listed herein·. Shou ld DWMA agree to perform such services (here inafter referred to as " Additional Services"), they shall be subject to aod governed by the provisions of this Agreement. Additional Services and Basic Services to be prov ided under this Agreement shall hereinafter be referred to collectively as "Services."

CONSTRUCTION I>HASE SERVICES
2200 Park Ava. Nort.h

Winter Park. FL

Fax 4 0 7.6448 31 8

A.	SITE VISlTS - Make site visits for observation of materials, construction and testing fo r tum lane addition and median nose modifications shown in DWMA construction plaus fm Lake Nona Boulevard signal modifications at Veterans Way and Tavistock Lakes Boulevard for the specific purpose of providing certification listed below. Visits are to be at discretion ofDWMA based on the direction of and on Contractor' s submitted construction schedule for various

	\  F:ICONTRACTIP\cp13208.doc

407-8 4 4 -4068

http ://www.d wmll.tJOI II

Mr. Richard Levey, Chairman															
Boggy Creek	J111proveme11I	District			at Veterans Way and					
Lake Nona Boulevard Signal Modifications						
											
Tavistock Lakes Boulevard																	
Construction Phase	Services																
																			
DWMA Job No. 17162 (006-008)														
Janua,y JO, 2019																			
Page2 of3																				
	e lements. Schedule	to	be required and kept current by Contractor.	The		
				on	a total of	6 site visits, four (4) during turn		
	estimated fee	is based					
								modifications and two (2) during		
	lane construction and median nose				
	the City final inspection process.	If	more	than 6 site visits are	required,		
	each  additional  site	visit	will	be		billed  per  our		rate	schedule,  as		
												006		
																
	authorized by	CLIENT.															
																	
B.	RECORD  ORAWINGS	-	Preparation	of	"Record	Drawings	11	from		

	contractor  furnished  as-built  survey  data.	The	Record  Drawings		
	include	preparation	of	updated	CAD	fi les  to  City	of	Orlando		
	specifications	with		the		as-built	measurements	reflected	on	the		
	approved plan sheets.															007		
																		
C.	FINAL	PROJECT		CERTJFICATION	-	Provide	final		project		
												008		
	certification to the City of Orlando.												
													
	TOTAL																			

$4,050.00

$1,720.00

$2,030.00

$7,800.00

This proposal, together with the Engineering Agreement, represents the entire understand	ing		
			
between  Boggy  Creok	Improvement	District	and  Donald  W . McIntosh	Associates, lnc.		

(Engineer) with regard to the referenced work authorization.							
DWMA will be compensated for this work at the quoted	lump sum amount or at the hourly		
	If additional	services are requested		
rates and direct costs established pursuant	to the Contract.				
							
they will be provided	under a separate proposal as and when requested.					
														
If you wish to accept	this Services Agreement, please sign		nd return	a complete copy to our		
						we will promptly		
office (executed electronic scanned copies are acceptable)	.	Upon receipt,			
								
schedu le our services.													
Sincere,ly														

DONALD

W.

MCINTOSl l

ASSOCIATES,

!NC.

~

get;f/

Project Manager

F:ICONTRAC1'P\cp13208,doc

2200

PAllJ(

DONALD W
AVENUE NORTH, WINTER

.  MclNTOSH A ssociates,  Inc.
PARK, FLOAIOA 32789-2356 • [407) 844-4068 • FAX

[407)

8411,83

18

Mr. Richard Levey, Chairman
Boggy Creek Improvement District
Lake Nona Boulevard Signal Modifications eat Vet rans Way and

Tavistock Lakes Boulevard
Construction Phase Services
DWMA Job No. 17162 (006-008)

January 10. 2019
PageJ o/3

APPROVED AND ACCEPTED
By: _	___________

Authorized Representative of
Boggy Creek Improvement District

Date: _	___  ________

PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF DONALD W. MCINTOSH ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE.

F:ICONTRACT1Plcp13208.doc

DONALD W. Mc l NTOSH Associates.  I nc.

2 200 PARK AVENUE NORTH, W INiER PARK. FLORIDA 32789-2355 • (407) 644-40 68 • FAX (407) 644,8318

BOGGY CREEK

IMPROVEMENT DISTRICT

District's Financial Position and Budget to Actual YTD

Boggy Creek Improvement District

Statement of Activities

As of 12/31/2018

	General	Debt Service	Capital Projects	General Long-	Total	
				Term Debt		
Revenues						
Off-Roll Assessments	$406,447.46				$406,447.46	
Inter-Fund Transfers In	556.17				556.17	
Other Assessments		$1,252,021.30			1,252,021.30	
Other Income & Other Financing Sources		159,346.57			159,346.57	
Inter-Fund Group Transfers In		28,074.51			28,074.51	
Other Income & Other Financing Sources			$1,675,171.99		1,675,171.99	
Inter-Fund Transfers In			(28,630.68)		(28,630.68)	
Total Revenues	$407,003.63	$1,439,442.38	$1,646,541.31	$0.00	$3,492,987.32	
Expenses						
Supervisor Fees	$1,200.00				$1,200.00	
Public Officials'Liability Insurance	3,250.00				3,250.00	
Trustee Services	1,571.35				1,571.35	
Management	9,375.00				9,375.00	
Engineering	1,693.00				1,693.00	
District Counsel	1,449.10				1,449.10	
Assessment Administration	7,500.00				7,500.00	
Travel and Per Diem	27.64				27.64	
Telephone	6.49				6.49	
Postage & Shipping	33.69				33.69	
Copies	268.50				268.50	
Legal Advertising	2,232.72				2,232.72	
Miscellaneous	1,671.60				1,671.60	
Taxes   Property	339.11				339.11	
Web Site Maintenance	315.00				315.00	
Holiday Decorations	802.00				802.00	
Dues, Licenses, and Fees	175.00				175.00	
Electric	397.37				397.37	
Water Reclaimed	7,974.43				7,974.43	
General Insurance	3,687.00				3,687.00	
Property & Casualty	3,322.00				3,322.00	
Irrigation·	7,064.96				7,064.96	
Landscaping Maintenance & Material	53,874.00				53,874.00	
Landscape Improvements	1,950.00				1,950.00	
Flower & Plant Replacement	19,265.65				19,265.65	

Pageof1	2

IME -Aquatics Maintenance

IME - Irrigation

IME - Landscaping

IME - Lighting

IME - Miscellaneous

IME-Water Reclaimed

Entry and Wall Maintenance

Streetlights

Interest Payments

Engineering

District Counsel

Legal Advertising

Contingency

Total Expenses

Boggy Creek Improvement District		
Statement of Activities		
As of 12/31/2018		
General	Debt Service	Capital Projects	
814.12			
9.75			
19,918.26			
506.87			
1,142.70			
214.39			
1,050.00			
9,916.32			
	$1,347,119.77		
		$37,071.83	
		752.00	
		161.06	
		1,111,508.83	
$163,018.02	$1,347,119.77	$1,149,493.72	

General Long-

Term Debt

$0.00

Total

814.12

9.75

19,918.26

506.87

1,142.70

214.39

1,050.00

9,916.32

1,347,119.77

37,071.83

752.00

161.06

1,111,508.83

$2,659,631.51

Other Revenues {Ex12enses)	& Gains {Losses)				
Interest Income		$9.73			
Interest Income			$1,333.90		
Interest Income				$2.12	
Total Other Revenues (Expenses) & Gains (Losses)	$9.73	$1,333.90	$2.12	
Change In Net Assets	$243,995.34	$93,656.51	$497,049.71	

$0.00

$0.00

$9.73

1,333.90

2.12

$1,345.75

$834,701.56

Net Assets At Beginning Of Year	($40,170.80)	$4,412,579.42	($1,323,332.79)	$0.00	

$3,049,075.83

Net Assets At End Of Year

$203,824.54	$4,506,235.93	($826,283.08)	

$0.00

$3,883,777.39

Page

2

of

2

Boggy Creek Improvement District

Statement of Financial Position

As of 12/31/2018

	General	Debt Service	Capital Projects	General Long-	Total	
				Term Debt		
		Assets				
Current Assets						
General Checking Account	$207,404.00				$207,404.00	
State Board of Administration	1,256.25				1,256.25	
Due From Other Governmental Units	17,389.52				17,389.52	
Deposits	4,300.00				4,300.00	
Infrastructure Capital Reserve	0,62				0.62	
Interchange Maintenance Reserve	0.10				0.10	
Debt Service Reserve Series 2013		$3,954,031.25			3,954,031.25	
Debt Service Reserve Series 2018		551,430.68			551,430.68	
Revenue Series 2013		170.48			170.48	
Interest Series 2018		603.52			603.52	
General Checking Account			$13,125.73		13,125.73	
Acquisition/Construction Series 2013			6,057.25		6,057.25	
Acquisition/Construction Series 2018			8,297.41		8,297.41	
Total Current Assets	$230,350.49	$4,506,235.93	$27,480.39	$0,00	$4,764,066.81	
Investments						
Amount Available in Debt Service Funds				$4,506,235.93	$4,506,235.93	
Amount To Be Provided				71,408,764.07	71,408,764.07	
Total Investments	$0.00	$0.00	$0,00	$75,915,000.00	$75,915,000.00	
Total Assets	$230,350.49	$4,506,235.93	$27,480.39	$75,915,000.00	$80,679,066,81	
	Liabilities and Net Assets				
Current Liabilities						
Accounts Payable	$26,525.95				$26,525.95	
Accounts Payable			$301,217.16		301,217.16	
Retainage Payable			552,546.31		552,546.31	
Total Current Liabilities	$26,525.95	$0.00	$853,763.47	$0.00	$880,289.42	
Long Term Liabilities						
Revenue Bonds Payable - Long-Term				$75,915,000.00	$75,915,000.00	
Total Long Term Liabilities	$0.00	$0.00	$0.00	$75,915,000.00	$75,915,000.00	
Total Liabilities	$26,525.95	$0.00	$853,763.47	$75,915,000.00	$76,795,289.42	
Net Assets						
Net Assets, Unrestricted	$70,114.13				$70,114.13	
Current Year Net Assets, Unrestricted	556.17				556.17	
Net Assets - General Government	(110,284.93)				(110,284.93)	
Current Year Net Assets - General Government	243,439.17				243,439.17	
Net Assets, Unrestricted		($3,661,454.61)			(3,661,454.61)	
Current Year Net Assets, Unrestricted		93,656.51			93,656.51	
Net Assets - General Government		8,074,034.03			8,074,034.03	
Net Assets, Unrestricted			($22,384,631.35)		(22,384,631.35)	
Net Assets, Unrestricted			(5,635,677.60)		(5,635,677.60)	
Current Year Net Assets, Unrestricted			497,049.71		497,049.71	
Net Assets - General Government			26,696,976.16		26,696,976.16	
Total Net Assets	$203,824.54	$4,506,235.93	($826,283.08)	$0.00	$3,883,777.39	

Total Liabilities and Net Assets	$230,350.49	$4,506,235.93	$27,480.39	$75,915,000.00	$80,679,066.81

Boggy Creek Improvement District

Budget to Actual				
For the Month Ending 12/31/2018			
YTD Actual	YTD Budget	FY 2019		
		YTD Variance		
		Adopted Budget		

Revenues

Off-Roll Assessments

Net Revenues

General & Administrative Exi;ienses

Legislative

Supervisor Fees

Financial & Administrative

Public Officials'Liability Insurance

Trustee Services

Management

Engineering

Dissemination Agent

District Counsel

Assessment Administration

Audit

Arbitrage Calculation

Travel and Per Diem

Telephone

Postage & Shipping

Copies

Legal Advertising

Bank Fees

Miscellaneous

Property Taxes

Web Site Maintenance

Holiday Decorations

Dues, Licenses, and Fees

Total General & Administrative Expenses

$	406,447.46	$	203,223.69	$	203,223.77	$	812,894.77		
$	406,447.46	$	203,223.69	$	203,223.77	$	812,894.77		
$	1,200.00	$	1,200.00	$		$	4,800.00		
	3,250.00		893.75		2,356.25		3,575.00		
	1,571.35		500.00		1,071.35		2,000.00		
	9,375.00		9,375.00				37,500.00		
	1,693.00		2,500.00		(807.00)		10,000.00		
			1,250.00		(1,250.00)		5,000.00		
	1,449.10		7,500.00		(6,050.90)		30,000.00		
	7,500.00		1,875.00		5,625.00		7,500.00		
			975.00		(975.00)		3,900.00		
			300.00		(300.00)		1,200.00		
	27.64		125.00		(97.36)		500.00		
	6.49		62.50		(56.01)		250.00		
	33.69		75.00		(41.31)		300.00		
	268.50		625.00		(356.50)		2,500.00		
	2,232.72		750.00		1,482.72		3,000.00		
			12.50		(12.50)		50.00		
	1,671.60		250.00		1,421.60		1,000.00		
	339.11				339.11				
	315.00		312.50		2.50		1,250.00		
	802.00				802.00				
	175.00		43.75		131.25		175.00		
$	31,910.20	$	28,625.00	$	3,285.20	$	114,500.00		

Pageof1	2

Boggy Creek Improvement District

Budget to Actual

For the Month Ending 12/31/2018

Field Oi;ierations Exi;ienses

Electric Utility Services

Electric

Entry Lighting

Water-Sewer Combination Services

Water Reclaimed

Other Physical Environment

General Insurance

Property & Casualty

Other Insurance

Irrigation

Landscaping Maintenance & Material

Landscape Improvements

Tree Trimming

Hurricane Cleanup

Contingency

Interchange Maintenance Expenses

IME - Aquatics Maintenance

IME - Irrigation

IME - Landscaping

IME - Lighting

IME - Miscellaneous

IME - Water Reclaimed

Road & Street Facilities

Entry and Wall Maintenance

Streetlights

Parks & Recreation

Personnel Leasing Agreement

Reserves

Infrastructure Capital Reserve Interchange Maintenance Reserve

Total Field Operations Expenses

Total Expenses

Income (Loss) from Operations

Other Income (Exi;iense)

Interest Income

Total Other Income (Expense)

Net Income (Loss)

YTD Actual	YTD Budget	FY 2019		
		YTD Variance		
		Adopted Budget		

$	397.37	$	500.00	$	(102.63)	$	2,000.00	
			125.00		(125.00)		500.00	
	7,974.43		8,750.00		(775.57)		35,000.00	
	3,687.00		1,012.50		2,674.50		4,050.00	
	3,322.00		25.00		3,297.00		100.00	
			125.00		(125.00)		500.00	
	7,064.96		7,500.00		(435.04)		30,000.00	
	53,874.00		53,874.00				215,496.00	
	1,950.00		11,876.00		(9,926.00)		47,504.00	
	19,265.65		10,000.00		9,265.65		40,000.00	
			5,000.00		(5,000.00)		20,000.00	
			7,500.00		(7,500.00)		30,000.00	
	814.12		861.25		(47.13)		3,445.00	
	9.75		8,125.00		(8,115.25)		32,500.00	
	19,918.26		19,918.28		(0.02)		79,673.10	
	506.87		5,000.00		(4,493.13)		20,000.00	
	1,142.70				1,142.70			
	214.39		812.50		(598.11)		3,250.00	
	1,050.00		2,500.00		(1,450.00)		10,000.00	
	9,916.32		20,500.00		(10,583.68)		82,000.00	
			5,000.00		(5,000.00)		20,000.00	
			5,041.67		(5,041.67)		20,166.67	
			590.00		(590.00)		2,360.00	
$	131,107.82	$	174,636.19	$	(43,528.37)	$	698,544.77	
$	163,018.02	$	203,261.19	$	(40,243.17)	$	813,044.77	
$	243,429.44	$	(37.50)	$	243,466.94	$	(150.00)	
$	9.73	$	37.50	$	(27.77)	$	150.00	
$	9.73	$	37.50	$	(27.77)	$	150.00	
$	243,439.17	$		$	243,439.17	$		

Page

2

of2

Boggy Creek Improvement District

Budget to Actual

For the Month Ending 12/31/2018

Revenues

Off-Roll Assessments

Net Revenues

General & Administrative Ex(lenses

Legislative

Supervisor Fees

Financial & Administrative

Public Officials'Liability Insurance

Trustee Services

Management

Engineering

Dissemination Agent

District Counsel

Assessment Administration

Audit

Arbitrage Calculation

Travel and Per Diem

Telephone

Postage & Shipping

Copies

Legal Advertising

Bank Fees

Miscellaneous

Property Taxes

Web Site Maintenance

Holiday Decorations

Dues, Licenses, and Fees

Total General & Administrative Expenses

Field O(lerations

Electric Utility Services

Electric

Entry Lighting

Water-Sewer Combination Services

Water Reclaimed

Other Physical Environment

General Insurance

Property & Casualty Insurance

Other Insurance

Irrigation

Landscaping Maintenance & Material

Landscape Improvements

Tree Trimming

Cleanup	Hurricane

Contingency

	Oct-18		Nov-18		Dec-18		YTD Actual	
$	406,447.46	$		$		$	406,447.46	
$	406,447.46	$		$		$	406,447.46	
$	400.00	$	400.00	$	400.00	$	1,200.00	
	3,250.00						3,250.00	
	1,571.35						1,571.35	
	3,125.00		3,125.00		3,125.00		9,375.00	
			806.00		887.00		1,693.00	
					1,449.10		1,449.10	
	7,500.00						7,500.00	
			9.31		18.33		27.64	
					6.49		6.49	
			13.06		20.63		33.69	
			88.50		180.00		268.50	
	1,253.86		978.86				2,232.72	
			1,672.95		(1.35)		1,671.60	
			339.11				339.11	
	105.00		105.00		105.00		315.00	
					802.00		802.00	
	175.00						175.00	
$	17,380.21	$	7,537.79	$	6,992.20	$	31,910.20	
$		$	196.70	$	200.67	$	397.37	
			4,295.18		3,679.25		7,974.43	
	3,687.00						3,687.00	
	49.00		3,273.00				3,322.00	
	1,869.00		3,361.50		1,834.46		7,064.96	
	17,958.00		17,958.00		17,958.00		53,874.00	
			1,950.00				1,950.00	
			14,865.20		4,400.45		19,265.65	

Page 1 of 2

Boggy Creek Improvement District

Budget to Actual

For the Month Ending 12/31/2018

		Oct-18		Nov-18		Dec-18		YTD Actual	
Interchange Maintenance Expenses									
IME - Aquatics Maintenance				542.75		271.37		814.12	
IME - Irrigation						9.75		9.75	
IME - Landscaping		6,639.42		6,639.42		6,639.42		19,918.26	
IME - Lighting		88.72		236.94		181.21		506.87	
IME - Miscellaneous						1,142.70		1,142.70	
IME - Water Reclaimed				86.11		128.28		214.39	
Road & Street Facilities									
Entry and Wall Maintenance						1,050.00		1,050.00	
Streetlights				4,791.66		5,124.66		9,916.32	
Parks & Recreation									
Personnel Leasing Agreement								-	
Reserves									
Infrastructure Capital Reserve								-	
Interchange Maintenance Reserve								-	
Total Field Operations Expenses	$	30,291.14	$	58,196.46	$	42,620.22	$	131,107.82	
Total Expenses	$	47,671.35	$	65,734.25	$	49,612.42	$	163,018.02	
Income (Loss) from Operations	$	358,776.11	$	(65,734.25)	$	(49,612.42)	$	243,429.44	
Other Income (Expense)									
Interest Income	$	0.90	$	8.83	$		$	9.73	
Total Other Income (Expense)	$	0.90	$	8.83	$		$	9.73	
Net Income (Loss)	$	358,777.01	$	(65,725.42)	$	(49,612.42)	$	243,439.17	

Page 2 of 2

Boggy Creek Improvement District

Construction Tracking - early January

Series 2018 Bond Issue

Original Construction Fund - Not To Exceed

Additions (Interest, Transfers from DSR, etc.)

Cumulative Draws Through Prior Month

Construction Funds Available

Requisitions This Month

Total Requisitions This Month

Construction Funds Remaining

	Amount	
$	25,000,000.00	
	9,983.09	
	(6,192,156.92)	
$	18,817,826.17	

$	----------		
			
$	18,817,826.17		

Committed Funding

Lake Nona Nemours Parkway West and Lift Station No. 10 - Jon M. Hall Company	$

Lake Nona Boulevard Traffic Signal Modifications at Tavistock Lakes Boulevard and Veterans Way - Traffic Control De

Lake Nona Boulevard Traffic Signal Modifications at Tavistock Lakes Boulevard and Veterans Way - Jon M. Hall Com~

Nemours Parkway & Lake Nona Boulevard - Traffic Control Devices

Lake Nona Medical City Drive Phase 2 -  Bids Due April 6, 2018

Total Committed Funding	$

!Net Uncommitted

(3,571,066.32)

(40,025.00)

(132,054.00)

(99,845.30)

----------
(3,842,990.62)
----------

14,974,835.551

January

3,

2019

Boggy Creek Improvement District

FY 2019

Cash Flow Analysis

		Beg.Cash	FY18 Inflows	FY18 Outflows	FY19 Inflows	FY19 Outflows	End. Cash	
10/ 1/	2018	78, 082.40	14,418.01	(29,702.34)	304,920 .9 5	(58,290.28)	309,428.74	
11/ 1/ 2018	309,428.74		(873.50)	8,476.75	(12,010.78)	305,021.21	
12/ 1/	2018	305,021.21	2,650.71	(10,720.60)	22,108.95	(111,656.27)	207,404.00	
1/ 1/	2019	207,404.00				(26,525.95}	180,878.05  as of 01/ 03/ 2019	
		FY 19 Totals	17,068.72	{41,296.44)	335,506.65	(208,483.28)		

As of 01/03/ 2019