University Park Recreation District
12051 Corporate Boulevard, Orlando, FL 32817	Phone: 407-723-5900
http://universityparkrd.com/

The following is the agenda for the upcoming Meeting of the Board of Supervisors for the University Park Recreation District (“District”), scheduled to be held at 1:00 p.m. on Friday, December 11, 2020 at the University Park Country Club, 7671 The Park Blvd, University Park, FL 34201. A quorum will be confirmed prior to the start of the meeting.

Call in number: 1-844-621-3956 (New) Passcode: 790 562 990 # (New)
Join meeting via WebEx Personal Room: https://pfmgroup.webex.com/meet/carvalhov

NOTE:  If you are calling into the meeting by phone or WebEx, please MUTE your line!

BOARD OF SUPERVISORS’ MEETING AGENDA

Organizational Matters
Call to Order
Roll Call to Confirm Quorum
Public Comment Period [for any members of the public desiring to speak on any proposition before the Board]
Administration of the Oath of Office to Newly Elected Members of the Board of Supervisors
Overview of the Florida “Government in the Sunshine” Regulations and Other Board Member Responsibilities
Statement of Financial Interest, Form 1
Review of District Contact List
Administrative Matters
Consideration of the Minutes of the October 9, 2020 Board of Supervisors’ Meeting
Consideration of the Minutes of the November 4, 2020 Board of Supervisors’ Workshop Meeting
Consideration of the Minutes of the November 13, 2020 Board of Supervisors’ Meeting
Consideration of the Minutes of the December 8, 2020 Second Election Meeting
Business Matters

Consideration of Resolution 2021-02, Ratifying the Results of the Second Election Meeting
Consideration of Resolution 2021-03, Appointing District Officers Position
Update of the Master Planner and Contract
Update of the Owners Outstanding Assessments
Consideration of Resolution 2021-05, Updating Registered Agent

Other Business
Staff Reports
District Counsel District Manager
Confirm Workshop Meeting 12/29/2020
Series 2019 Bonds Update

General Manager
Monthly Report
Strategic/ Master Planning Process Update
District Financials
Ratification of Payment Authorizations # 35-36
Review of the District Financial Statements
Consideration of Resolution 2021-04, Ratification of Revised Adopted Budget FY 2020
Supervisor Requests

Date	Meeting Type	Time	Location	Note	
January 5, 2021	Workshop Meeting	10:00 AM	University Park Country
Club	Card Room	
January 8, 2021	BOS Meeting	1:00 PM	University Park Country
Club	Lakeside Room	

Adjournment

University Park Recreation District

Administration of the Oath of Office to Newly Elected Members of the Board of Supervisors

UNIVERSITY PARK RECREATION DISTRICT BOARD OF SUPERVISORS OATH OF OFFICE

I, 	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF UNIVERSITY PARK RECREATION DISTRICT 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 FLORIDA.

Board Supervisor

ACKNOWLEDGMENT OF OATH BEING TAKEN

STATE OF FLORIDA COUNTY OF MANATEE

The	foregoing	oath	was	administered	before	me	this	 		day	of
 	, 2020, 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 University Park Recreation 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:  	

University Park Recreation District

Overview of the Florida “Government in the Sunshine” Regulations and Other Board Member Responsibilities

Statement of Financial Interest, Form 1

Florida Commission on Ethics Guide to the Sunshine Amendment

FLORIDA COMMISSION ON ETHICS

GUIDE
to the SUNSHINE AMENDMENT
and
CODE of ETHICS
for Public Officers and Employees

2020

State of Florida COMMISSION ON ETHICS
Kimberly Bonder Rezanka, Chair
Cocoa

Daniel Brady, PH.D., Vice Chair
Miami Shores

Jason David Berger
Palm City

Antonio Carvajal
Tallahassee

Glenton “Glen” Gilzean, JR.
Orlando

John Grant
Tampa

Joanne Leznoff
Fernandina Beach

F. Shields McManus
Stuart

William “Willie” N. Meggs
Tallahassee

C. Christopher Anderson
Executive Director
P.O. Drawer 15709 Tallahassee, FL 32317 5709
www.ethics.state.fl.us (850) 488 7864*
*Please direct all requests for information to this number.

TABLE OF CONTENTS
HISTORY OF FLORIDA’S ETHICS LAWS 	1
ROLE OF THE COMMISSION ON ETHICS	2
THE ETHICS LAWS	2
PROHIBITED ACTIONS OR CONDUCT	3
Solicitation or Acceptance of Gifts	3
Unauthorized Compensation	3
Misuse of Public Position	4
Disclosure or Use of Certain Information	4
Solicitation or Acceptance of Honoraria	4
PROHIBITED EMPLOYMENT AND  .. BUSINESS RELATIONSHIPS	5
Doing Business With One’s Agency 	5
Conflicting Employment or Contractual Relationship	5
Exemptions	5
Additional Exemption	6
Lobbying State Agencies by Legislators	7
Employees Holding Office	7
Professional & Occupational Licensing Board Members	7
Contractual Services: Prohibited Employment	7
Local Government Attorneys	7
Dual Public Employment	7
RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING
WITH RELATIVES	8
Anti Nepotism Law	8
Additional Restrictions	8
POST OFFICEHOLDING & EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS	8
Lobbying By Former Legislators, Statewide Elected Officers,
and Appointed State Officers	8
Lobbying By Former State Employees	8
Additional Restrictions on Former State Employees	9
Lobbying By Former Local Government Officers and Employees	10
VOTING CONFLICTS OF INTEREST	10

DISCLOSURES	11
Form 1    Limited Financial Disclosure	11
Form 1F    Final Form 1	14
Form 2    Quarterly Client Disclosure	15
Form 6   Full and Public Disclosure	15
Form 6F    Final Form 6	16
Form 9    Quarterly Gift Disclosure	16
Form 10 Annual Disclosure of Gifts from Governmental Entities and
Direct Support Organizations and Honorarium Event Related Expenses	16
Form 30   Donor’s Quarterly Gift Disclosure 	17
Forms 1X and 6X – Amendments	18
AVAILABILITY OF FORMS	18
PENALTIES	19
For Violations of the Code of Ethics	19
For Violations by Candidates	19
For Violations by Former Officers and Employees	19
For Lobbyists and Others	19
Felony Convictions: Forfeiture of Retirement Benefits	20
Automatic Penalties for Failure to File Annual Disclosure	20
ADVISORY OPINIONS	20
Who Can Request an Opinion	20
How to Request an Opinion	20
How to Obtain Published Opinions	21
COMPLAINTS	21
Citizen Involvement	21
Referrals	21
Confidentiality	21
How the Complaint Process Works	22
Dismissal of Complaint at Any Stage of Disposition	23
Statute of Limitations	23
EXECUTIVE BRANCH LOBBYING	23
WHISTLE BLOWER’S ACT 	24
ADDITIONAL INFORMATION	24
ONLINE TRAINING	25

Florida  has been a  leader among the states	in establishing ethics standards for public officials and recognizing the right of citizens to protect the public trust against abuse. Our state Constitution was revised in 1968 to require a code of ethics, prescribed by law, for all state employees and non judicial officers prohibiting conflict between public duty and private interests.

Florida’s   first   successful   constitutional   initiative   resulted   in   the   adoption   of   the   Sunshine Amendment in 1976, providing additional constitutional guarantees concerning ethics in government. In the area of enforcement, the Sunshine Amendment requires that there be an independent commission (the Commission on Ethics) to investigate complaints concerning breaches of public trust by public officers and employees other than judges.

The Code of Ethics for Public Officers and Employees is found in Chapter 112 (Part III) of the Florida Statutes. Foremost among the goals of the Code is to promote the public interest and maintain the respect of the people for their government. The Code is also intended to ensure that public officials conduct themselves independently and impartially, not using their offices for private gain other than compensation provided by law. While seeking to protect the integrity of government, the Code also seeks to avoid the creation of unnecessary barriers to public service.

Criminal penalties, which initially applied to violations of the Code, were eliminated in 1974 in favor of administrative enforcement. The Legislature created the Commission on Ethics that year “to serve as guardian of the standards of conduct” for public officials, state and local. Five of the Commission’s nine members are appointed by the Governor, and two each are appointed by the President of the Senate and Speaker of the House of Representatives. No more than five Commission members may be members of the same political party, and none may be lobbyists, or hold any public employment during their two year terms of office. A chair is selected from among the members to serve a one year term and may not succeed himself or herself.

In 2018, Florida’s Constitutional Revision Commission proposed, and the voters adopted, changes to Article II, Section 8. The earliest of the changes will take effect December 31, 2020, and will prohibit officials from abusing their position to obtain a disproportionate benefit for themselves or their spouse, child, or employer, or for a business with which the official contracts or is an officer, partner, director, sole proprietor, or in which the official owns an interest. Other changes made to the Constitution place restrictions on lobbying by certain officeholders and employees, and put additional limits on lobbying by former public officers and employees. These changes will become effective December 31, 2022.

In addition to its constitutional duties regarding the investigation of complaints, the Commission:

Renders advisory opinions to public officials;
Prescribes forms for public disclosure;
Prepares mailing lists of public officials subject to financial disclosure for use by Supervisors of Elections and the Commission in distributing forms and notifying delinquent filers;
Makes recommendations to disciplinary officials when appropriate for violations of ethics and disclosure laws, since it does not impose penalties;
Administers the Executive Branch Lobbyist Registration and Reporting Law;
Maintains financial disclosure filings of constitutional officers and state officers and employees; and,
Administers automatic fines for public officers and employees who fail to timely file required annual financial disclosure.
THE ETHICS LAWS

The ethics laws generally consist of two types of provisions, those prohibiting certain actions or conduct and those requiring that certain disclosures be made to the public. The following descriptions of these laws have been simplified in an effort to provide notice of their requirements. Therefore, we suggest that you also review the wording of the actual law. Citations to the appropriate laws are in brackets.

The laws summarized below apply generally to all public officers and employees, state and local, including members of advisory bodies. The principal exception to this broad coverage is the exclusion of judges, as they fall within the jurisdiction of the Judicial Qualifications Commission.

Public Service Commission (PSC) members and employees, as well as members of the PSC Nominating Council, are subject to additional ethics standards that are enforced by the Commission on Ethics under Chapter 350, Florida Statutes. Further, members of the governing boards of charter schools are subject to some of the provisions of the Code of Ethics [Sec. 1002.33(26), Fla. Stat.], as are the officers, directors, chief executive officers and some employees of business entities that serve as the chief administrative or executive officer or employee of a political subdivision. [Sec. 112.3136, Fla. Stat.].

PROHIBITED ACTIONS OR CONDUCT

Solicitation and Acceptance of Gifts

Public officers, employees, local government attorneys, and candidates are prohibited from soliciting or accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that is based on an understanding that their vote, official action, or judgment would be influenced by such gift. [Sec. 112.313(2), Fla. Stat.]

Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and state procurement employees, are prohibited from soliciting any gift from a political committee, lobbyist who has lobbied the official or his or her agency within the past 12 months, or the partner, firm,  employer,  or  principal  of  such  a  lobbyist  or  from  a  vendor  doing  business  with  the  official’s agency. [Sec. 112.3148, Fla. Stat.]

Persons required to file FORM 1 or FORM 6, and state procurement employees are prohibited from directly or indirectly accepting a gift worth more than $100 from such a lobbyist, from a partner, firm, employer, or principal of the lobbyist, or from a political committee or vendor doing business with their agency. [Sec.112.3148, Fla. Stat.]

However, notwithstanding Sec. 112.3148, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] Typically, this would include gifts valued at less than $100 that formerly were permitted under Section 112.3148, Fla. Stat. Similar rules apply to members and employees of the Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.]

Also, persons required to file Form 1 or Form 6, and state procurement employees and members of their immediate families, are prohibited from accepting any gift from a political committee. [Sec. 112.31485, Fla. Stat.]

Unauthorized Compensation

Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(4), Fla. Stat.]

Misuse of Public Position

Public officers and employees, and local government attorneys are prohibited from corruptly using or attempting to use their official positions or the resources thereof to obtain a special privilege or benefit for themselves or others. [Sec. 112.313(6), Fla. Stat.]

Disclosure or Use of Certain Information

Public officers and employees and local government attorneys are prohibited from disclosing or using information not available to the public and obtained by reason of their public position, for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.]

Solicitation or Acceptance of Honoraria

Persons required to file financial disclosure FORM 1 or FORM 6 (see Part III F of this brochure), and state procurement employees, are prohibited from soliciting honoraria related to their public offices or duties. [Sec. 112.3149, Fla. Stat.]

Persons required to file FORM 1 or FORM 6, and state procurement employees, are prohibited from knowingly accepting an honorarium from a political committee, lobbyist who has lobbied the person’s agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist, or from  a  vendor  doing  business  with  the  official’s  agency.  However,  they  may  accept  the  payment  of expenses related to an honorarium event from such individuals or entities, provided that the expenses are disclosed. See Part III F of this brochure. [Sec. 112.3149, Fla. Stat.]

Lobbyists and their partners, firms, employers, and principals, as well as political committees and vendors, are prohibited from giving an honorarium to persons required to file FORM 1 or FORM 6 and to state procurement employees. Violations of this law may result in fines of up to $5,000 and prohibitions against lobbying for up to two years. [Sec. 112.3149, Fla. Stat.]

However, notwithstanding Sec. 112.3149, Fla. Stat., no Executive Branch or legislative lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.] This may include honorarium event related expenses that formerly were permitted under Sec. 112.3149, Fla. Stat. Similar rules apply to members and employees of the Legislature. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.]

PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS

Doing Business With One’s Agency

A public employee acting as a purchasing agent, or public officer acting in an official capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or services for his or her agency from a business entity in which the officer or employee or his or her spouse or child owns more than  a 5% interest. [Sec. 112.313(3), Fla. Stat.]

A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer or employee is a state officer or employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.]

Conflicting Employment or Contractual Relationship

A public officer or employee is prohibited from holding any employment or contract with any business entity or agency regulated by or doing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.]

A public officer or employee also is prohibited from holding any employment or having a contractual relationship which will pose a frequently recurring conflict between the official’s private interests and public duties or which will impede the full and faithful discharge of the official’s public duties. [Sec. 112.313(7), Fla. Stat.]

Limited exceptions to this prohibition have been created in the law for legislative bodies, certain special tax districts, drainage districts, and persons whose professions or occupations qualify them to hold their public positions. [Sec. 112.313(7)(a) and (b), Fla. Stat.]

Exemptions—Pursuant to Sec. 112.313(12), Fla. Stat., the prohibitions against doing business with one’s agency and having conflicting employment may not apply:

When the business is rotated among all qualified suppliers in a city or county.

When the business is awarded by sealed, competitive bidding and neither the official nor his or her spouse or child have attempted to persuade agency personnel to enter the contract. NOTE: Disclosure of the interest of the official, spouse, or child and the nature of the business must be filed prior to or at the time of submission of the bid on Commission FORM 3A with the Commission on Ethics or Supervisor of Elections, depending on whether the official serves at the state or local level.

When the purchase or sale is for legal advertising, utilities service, or for passage on a common carrier.

When an emergency purchase must be made to protect the public health, safety, or welfare.

When the business entity is the only source of supply within the political subdivision and there is full disclosure of the official’s interest to the governing body on Commission FORM 4A.

When the aggregate of any such transactions does not exceed $500 in a calendar year.

When the business transacted is the deposit of agency funds in a bank of which a county, city, or district official is an officer, director, or stockholder, so long as agency records show that the governing body has determined that the member did not favor his or her bank over other qualified banks.

When the prohibitions are waived in the case of ADVISORY BOARD MEMBERS by the appointing person or by a two thirds vote of the appointing body (after disclosure on Commission FORM 4A).

When the public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency.

When the public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency where the price and terms of the transaction are available to similarly situated members of the general public and the officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction.

Additional Exemptions

No elected public officer is in violation of the conflicting employment prohibition when employed by a tax exempt organization contracting with his or her agency so long as the officer is not directly or indirectly compensated as a result of the contract, does not participate in any way in the decision to enter into the contract, abstains from voting on any matter involving the employer, and makes certain disclosures. [Sec. 112.313(15), Fla. Stat.]

Legislators Lobbying State Agencies

A member of the Legislature is prohibited from representing another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals. [Art. II, Sec. 8(e), Fla. Const., and Sec. 112.313(9), Fla. Stat.]

Employees Holding Office

A public employee is prohibited from being a member of the governing body which serves as his or her employer. [Sec. 112.313(10), Fla. Stat.]

Professional and Occupational Licensing Board Members

An officer, director, or administrator of a state, county, or regional professional or occupational organization or association, while holding such position, may not serve as a member of a state examining or licensing board for the profession or occupation. [Sec. 112.313(11), Fla. Stat.]

Contractual Services: Prohibited Employment

A state employee of the executive or judicial branch who participates in the decision making process involving a purchase request, who influences the content of any specification or procurement standard, or who renders advice, investigation, or auditing, regarding his or her agency’s contract for services, is prohibited from being employed with a person holding such a contract with his or her agency. [Sec. 112.3185(2), Fla. Stat.]

Local Government Attorneys

Local government attorneys, such as the city attorney or county attorney, and their law firms are prohibited from representing private individuals and entities before the unit of local government which they serve. A local government attorney cannot recommend or otherwise refer to his or her firm  legal  work  involving  the  local  government  unit  unless  the  attorney’s  contract  authorizes  or mandates the use of that firm. [Sec. 112.313(16), Fla. Stat.]

Dual Public Employment

Candidates and elected officers are prohibited from accepting public employment if they know or should know it is being offered for the purpose of influence. Further, public employment may not be accepted unless the position was already in existence or was created without the anticipation of the official’s interest, was publicly advertised, and the officer had to meet the same qualifications and go through the same hiring process as other applicants. For elected public officers already holding public

employment, no promotion given for the purpose of influence may be accepted, nor may promotions that are inconsistent with those given other similarly situated employees. [Sec. 112.3125, Fla. Stat.]

RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES

Anti Nepotism Law

A public official is prohibited from seeking for a relative any appointment, employment, promotion, or advancement in the agency in which he or she is serving or over which the official exercises jurisdiction or control. No person may be appointed, employed, promoted, or advanced in or to a position in an agency if such action has been advocated by a related public official who is serving in or exercising jurisdiction or control over the agency; this includes relatives of members of collegial government bodies. NOTE: This prohibition does not apply to school districts (except as provided in Sec. 1012.23, Fla. Stat.), community colleges and state universities, or to appointments of boards, other than those with land planning or zoning responsibilities, in municipalities of fewer than 35,000 residents. Also, the approval of budgets does not constitute “jurisdiction or control” for the purposes of this prohibition. This provision does not apply to volunteer emergency medical, firefighting, or police service providers. [Sec. 112.3135, Fla. Stat.]

Additional Restrictions

A state employee of the executive or judicial branch or the PSC is prohibited from directly or indirectly procuring contractual services for his or her agency from a business entity of which a relative is an officer, partner, director, or proprietor, or in which the employee, or his or her spouse, or children own more than a 5% interest. [Sec. 112.3185(6), Fla. Stat.]

POST OFFICE HOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS

Lobbying by Former Legislators, Statewide Elected Officers, and Appointed State Officers

A member of the Legislature or a statewide elected or appointed state official is prohibited for two years following vacation of office from representing another person or entity for compensation before the government body or agency of which the individual was an officer or member. Former members of the Legislature are also prohibited for two years from lobbying the executive branch. [Art. II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.]

Lobbying by Former State Employees

Certain employees of the executive and legislative branches of state government are prohibited from personally representing another person or entity for compensation before the agency with which

they were employed for a period of two years after leaving their positions, unless employed by another agency of state government. [Sec. 112.313(9), Fla. Stat.] These employees include the following:

Executive and legislative branch employees serving in the Senior Management Service and Selected Exempt Service, as well as any person employed by the Department of the Lottery having authority over policy or procurement.

Persons serving in the following position classifications: the Auditor General; the director of the Office of Program Policy Analysis and Government Accountability (OPPAGA); the Sergeant at Arms and Secretary of the Senate; the Sergeant at Arms and Clerk of the House of Representatives; the executive director and deputy executive director of the Commission on Ethics; an executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, legislative analyst, or attorney serving in the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, the Senate Minority Party Office, the House Majority Party Office, or the House Minority Party Office; the Chancellor and Vice Chancellors of the State University System; the general counsel to the Board of Regents; the president, vice presidents, and deans of each state university; any person hired on a contractual basis and having the power normally conferred upon such persons, by whatever title; and any person having the power normally conferred upon the above positions.

This prohibition does not apply to a person who was employed by the Legislature or other agency prior to July 1, 1989; who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, 1994; or who reached normal retirement age and retired by July 1, 1991. It does apply to OPS employees.

PENALTIES: Persons found in violation of this section are subject to the penalties contained in the Code (see PENALTIES, Part V) as well as a civil penalty in an amount equal to the compensation which the person received for the prohibited conduct. [Sec. 112.313(9)(a)5, Fla. Stat.]

Additional Restrictions on Former State Employees

A former executive or judicial branch employee or PSC employee is prohibited from having employment or a contractual relationship, at any time after retirement or termination of employment, with any business entity (other than a public agency) in connection with a contract in which the employee participated personally and substantially by recommendation or decision while a public employee. [Sec. 112.3185(3), Fla. Stat.]

A former executive or judicial branch employee or PSC employee who has retired or terminated employment is prohibited from having any employment or contractual relationship for two years with

any business entity (other than a public agency) in connection with a contract for services which was within his or her responsibility while serving as a state employee. [Sec.112.3185(4), Fla. Stat.]

Unless waived by the agency head, a former executive or judicial branch employee or PSC employee may not be paid more for contractual services provided by him or her to the former agency during the first year after leaving the agency than his or her annual salary before leaving. [Sec. 112.3185(5), Fla. Stat.]

These prohibitions do not apply to PSC employees who were so employed on or before Dec. 31, 1994.

Lobbying by Former Local Government Officers and Employees

A person elected to county, municipal, school district, or special district office is prohibited from representing another person or entity for compensation before the government body or agency of which he or she was an officer for two years after leaving office. Appointed officers and employees of counties, municipalities, school districts, and special districts may be subject to a similar restriction by local ordinance or resolution. [Sec. 112.313(13) and (14), Fla. Stat.]

VOTING CONFLICTS OF INTEREST

State public officers are prohibited from voting in an official capacity on any measure which they know would inure to their own special private gain or loss. A state public officer who abstains, or who votes on a measure which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate, must make every reasonable effort to file a memorandum of voting conflict with the recording secretary in advance of the vote. If that is not possible, it must be filed within 15 days after the vote occurs. The memorandum must disclose the nature of the officer’s interest in the matter.

No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss, or which the officer knows would inure to the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate. The officer must publicly announce the nature of his or her interest before the vote and must file a memorandum of voting conflict on Commission Form 8B with the meeting’s recording officer within 15 days after the vote occurs disclosing the nature of his or her interest in the matter. However, members of community redevelopment agencies and district officers elected on a one acre, one vote basis are not required to abstain when voting in that capacity.

No appointed state or local officer shall participate in any matter which would inure to the officer’s special private gain or loss, the special private gain or loss of any principal by whom he or she is retained, of the parent organization or subsidiary or sibling of a corporate principal by which he or she is retained, of a relative, or of a business associate, without first disclosing the nature of his or her interest in the matter. The memorandum of voting conflict (Commission Form 8A or 8B) must be filed with the  meeting’s recording officer, be  provided to  the other members of the  agency, and be  read publicly at the next meeting.

If the conflict is unknown or not disclosed prior to the meeting, the appointed official must orally disclose the conflict at the meeting when the conflict becomes known. Also, a written memorandum of voting  conflict must be filed with the meeting’s recording officer within 15 days of the  disclosure being made and must be provided to the other members of the agency, with the disclosure being read publicly at the next scheduled meeting. [Sec. 112.3143, Fla. Stat.]

DISCLOSURES

Conflicts of interest may occur when public officials are in a position to make decisions that affect their personal financial interests. This is why public officers and employees, as well as candidates who run for public office, are required to publicly disclose their financial interests. The disclosure process serves to remind officials of their obligation to put the public interest above personal considerations. It also helps citizens to monitor the considerations of those who spend their tax dollars and participate in public policy decisions or administration.

All public officials and candidates do not file the same degree of disclosure; nor do they all file at the same time or place. Thus, care must be taken to determine which disclosure forms a particular official or candidate is required to file.

The following forms are described below to set forth the requirements of the various disclosures and the steps for correctly providing the information in a timely manner.

FORM 1 Limited Financial Disclosure

Who Must File:

Persons required to file FORM 1 include all state officers, local officers, candidates for local elective office, and specified state employees as defined below (other than those officers who are required by law to file FORM 6).

STATE OFFICERS include:

Elected public officials not serving in a political subdivision of the state and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6.

Appointed members of each board, commission, authority, or council having statewide jurisdiction, excluding members of solely advisory bodies; but including judicial nominating commission members; directors of Enterprise Florida, Scripps Florida Funding Corporation, and CareerSource Florida, and members of the Council on the Social Status of Black Men and Boys; the Executive Director, governors, and senior managers of Citizens Property Insurance Corporation; governors and senior managers of Florida  Workers’  Compensation  Joint  Underwriting  Association,  board  members  of  the  Northeast Florida Regional Transportation Commission, and members of the board of Triumph Gulf Coast, Inc.; members of the board of Florida is for Veterans, Inc.; and members of the Technology Advisory Council within the Agency for State Technology.

The Commissioner of Education, members of the State Board of Education, the Board of Governors, local boards of trustees and presidents of state universities, and members of the Florida Prepaid College Board.

LOCAL OFFICERS include:

Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6.

Appointed members of the following boards, councils, commissions, authorities, or other bodies of any county, municipality, school district, independent special district, or other political subdivision: the governing body of the subdivision; a community college or junior college district board of trustees; a board having the power to enforce local code provisions; a planning or zoning board, board of adjustments or appeals, community redevelopment agency board, or other board having the power to recommend, create, or modify land planning or zoning within the political subdivision, except for citizen advisory committees, technical coordinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards, except for representatives of a military installation acting on behalf of all military installations within that jurisdiction; a pension board or retirement board empowered to invest pension or retirement funds or to determine entitlement to or amount of a pension or other retirement benefit.

Any other appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board.

   Persons holding any of these positions in local government: mayor; county or city manager; chief administrative employee or finance director of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed  district  school  superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $	,000 for the local governmental unit.

   Members of governing boards of charter schools operated by a city or other public entity.

   The officers, directors, and chief executive officer of a corporation, partnership, or other business entity that is serving as the chief administrative or executive officer or employee of a political subdivision, and any business entity employee who is acting as the chief administrative or executive officer or employee of the political subdivision. [Sec. 112.3136, Fla. Stat.]

SPECIFIED STATE EMPLOYEE includes:

Employees in the Office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding secretarial, clerical, and similar positions.

The following positions in each state department, commission, board, or council: secretary or state surgeon general, assistant or deputy secretary, executive director, assistant or deputy executive director, and anyone having the power normally conferred upon such persons, regardless of title.

The following positions in each state department or division: director, assistant or deputy director, bureau chief, assistant bureau chief, and any person having the power normally conferred upon such persons, regardless of title.

Assistant state attorneys, assistant public defenders, criminal conflict and civil regional counsel, assistant criminal conflict and civil regional counsel, public counsel, full time state employees serving as counsel or assistant counsel to a state agency, judges of compensation claims, administrative law judges, and hearing officers.

The superintendent or director of a state mental health institute established for training and research in the mental health field, or any major state institution or facility established for corrections, training, treatment, or rehabilitation.

   State agency business managers, finance and accounting directors, personnel officers, grant coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding

$	,000.

   The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the Commission on Ethics.

What Must Be Disclosed:

FORM 1 requirements are set forth fully on the form. In general, this includes the reporting person’s sources and types of financial interests, such as the names of employers and addresses of real property holdings. NO DOLLAR VALUES ARE REQUIRED TO BE LISTED. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies.

When to File:

CANDIDATES for elected local office must file FORM 1 together with and at the same time they file their qualifying papers.

STATE and LOCAL OFFICERS and SPECIFIED STATE EMPLOYEES are required to file disclosure by July 1 of each year. They also must file within thirty days from the date of appointment or the beginning of employment. Those appointees requiring Senate confirmation must file prior to confirmation.

Where to File:

Each LOCAL OFFICER files FORM 1 with the Supervisor of Elections in the county in which he or she permanently resides.

A STATE OFFICER or SPECIFIED STATE EMPLOYEE files with the Commission on Ethics. [Sec.
112.3145, Fla. Stat.]

FORM 1F Final Form 1 Limited Financial Disclosure

FORM 1F is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 1 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year.

FORM 2 Quarterly Client Disclosure

The state officers, local officers, and specified state employees listed above, as well as elected constitutional officers, must file a FORM 2 if they or a partner or associate of their professional firm represent a client for compensation before an agency at their level of government.

A FORM 2 disclosure includes the names of clients represented by the reporting person or by any partner or associate of his or her professional firm for a fee or commission before agencies at the reporting   person’s   level   of   government.   Such   representations   do   not   include   appearances   in ministerial matters, appearances before judges of compensation claims, or representations on behalf of one’s agency in one’s official capacity. Nor does the term include the preparation and filing of forms and applications merely for the purpose of obtaining or transferring a license, so long as the issuance of the license does not require a variance, special consideration, or a certificate of public convenience and necessity.

When to File:

This disclosure should be filed quarterly, by the end of the calendar quarter following the calendar quarter during which a reportable representation was made. FORM 2 need not be filed merely to indicate that no reportable representations occurred during the preceding quarter; it should be filed
ONLY when reportable representations were made during the quarter. Where To File:
LOCAL OFFICERS file with the Supervisor of Elections of the county in which they permanently reside.

STATE OFFICERS and SPECIFIED STATE EMPLOYEES file with the Commission on Ethics. [Sec.
112.3145(4), Fla. Stat.]

FORM 6 Full and Public Disclosure

Who Must File:

Persons required by law to file FORM 6 include all elected constitutional officers and candidates for such office; the mayor and members of the city council and candidates for these offices in Jacksonville; the Duval County Superintendent of Schools; judges of compensation claims (pursuant to Sec. 440.442, Fla. Stat.); members of the Florida Housing Finance Corporation Board and members of expressway authorities, transportation authorities (except the Jacksonville Transportation Authority), bridge authority, or toll authorities created pursuant to Ch. 348 or 343, or 349, or other general law.

What Must be Disclosed:

FORM 6 is a detailed disclosure of assets, liabilities, and sources of income over $1,000 and their values, as well as net worth. Officials may opt to file their most recent income tax return in lieu of listing sources of income but still must disclose their assets, liabilities, and net worth. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies.

When and Where To File:

Incumbent officials must file FORM 6 annually by July 1 with the Commission on Ethics.
CANDIDATES must file with the officer before whom they qualify at the time of qualifying. [Art. II, Sec. 8(a) and (i), Fla. Const., and Sec. 112.3144, Fla. Stat.]

FORM 6F Final Form 6 Full and Public Disclosure

This is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 6 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year.

FORM 9 Quarterly Gift Disclosure

Each person required to file FORM 1 or FORM 6, and each state procurement employee, must file a FORM 9, Quarterly Gift Disclosure, with the Commission on Ethics on the last day of any calendar quarter following the calendar quarter in which he or she received a gift worth more than $100, other than gifts from relatives, gifts prohibited from being accepted, gifts primarily associated with his or her business or employment, and gifts otherwise required to be disclosed. FORM 9 NEED NOT BE FILED if no such gift was received during the calendar quarter.

Information to be disclosed includes a description of the gift and its value, the name and address of the donor, the date of the gift, and a copy of any receipt for the gift provided by the donor. [Sec. 112.3148, Fla. Stat.]

FORM 10 Annual Disclosure of Gifts from Government Agencies and Direct Support Organizations and
 Honorarium Event Related Expenses

State government entities, airport authorities, counties, municipalities, school boards, water management districts, and the South Florida Regional Transportation Authority, may give a gift worth more than $100 to a person required to file FORM 1 or FORM 6, and to state procurement employees, if a public purpose can be shown for the gift. Also, a direct support organization for a governmental entity

may give such a gift to a person who is an officer or employee of that entity. These gifts are to be reported on FORM 10, to be filed by July 1.

The governmental entity or direct support organization giving the gift must provide the officer or employee with a statement about the gift no later than March 1 of the following year. The officer or employee then must disclose this information by filing a statement by July 1 with his or her annual financial disclosure that describes the gift and lists the donor, the date of the gift, and the value of the total gifts provided during the calendar year. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3148, Fla. Stat.]

In addition, a person required to file FORM 1 or FORM 6, or a state procurement employee, who receives expenses or payment of expenses related to an honorarium event from someone who is prohibited from giving him or her an honorarium, must disclose annually the name, address, and affiliation of the donor, the amount of the expenses, the date of the event, a description of the expenses paid or provided, and the total value of the expenses on FORM 10. The donor paying the expenses must provide the officer or employee with a statement about the expenses within 60 days of the honorarium event.

The disclosure must be filed by July 1, for expenses received during the previous calendar year, with   the   officer’s  or   employee’s  FORM   1  or  FORM   6.  State  procurement  employees   file   their statements with the Commission on Ethics. [Sec. 112.3149, Fla. Stat.]

However, notwithstanding Sec. 112.3149, Fla. Stat., no executive branch or legislative lobbyist or principal shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts or honorarium event related expenses that formerly were permitted under Sections 112.3148 and 112.3149. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts, which include anything not primarily related to political activities authorized under ch. 106, are prohibited from political committees. [Sec. 112.31485 Fla. Stat.]

FORM 30     Donor’s Quarterly Gift Disclosure

As mentioned above, the following persons and entities generally are prohibited from giving a gift worth more than $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to a state procurement  employee:  a  political  committee;  a  lobbyist  who  lobbies  the  reporting  individual’s  or procurement  employee’s  agency,  and  the  partner,  firm,  employer,  or  principal  of  such  a  lobbyist;  and vendors. If such person or entity makes a gift worth between $25 and $100 to a reporting individual or state procurement employee (that is not accepted in behalf of a governmental entity or charitable

organization), the gift should be reported on FORM 30. The donor also must notify the recipient at the time the gift is made that it will be reported.

The FORM 30 should be filed by the last day of the calendar quarter following the calendar quarter in which the gift was made. If the gift was made to an individual in the legislative branch, FORM 30 should be filed with the Lobbyist Registrar. [See page 35 for address.] If the gift was to any other reporting individual or state procurement employee, FORM 30 should be filed with the Commission on Ethics.

However, notwithstanding Section 112.3148, Fla. Stat., no executive branch lobbyist or principal shall make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts that formerly were permitted under Section 112.3148. [Sec. 112.3215, Fla. Stat.] Similar prohibitions apply to legislative officials and employees. However, these laws are not administered by the Commission on Ethics. [Sec. 11.045, Fla. Stat.] In addition, gifts from political committees are prohibited. [Sec. 112.31485, Fla. Stat.]

FORM 1X AND FORM 6X Amendments to Form 1 and Form 6

These forms are provided for officers or employees to amend their previously filed Form 1 or Form
6.

AVAILABILITY OF FORMS

LOCAL OFFICERS and EMPLOYEES who must file FORM 1 annually will be sent the form by mail from the Supervisor of Elections in the county in which they permanently reside not later than JUNE 1 of each year. Newly elected and appointed officials or employees should contact the heads of their agencies for copies of the form or download it from www.ethics.state.fl.us, as should those persons who are required to file their final disclosure statements within 60 days of leaving office or employment.

ELECTED CONSTITUTIONAL OFFICERS, OTHER STATE OFFICERS, and SPECIFIED STATE EMPLOYEES who
must file annually FORM 1 or 6 will be sent these forms by mail from the Commission on Ethics by JUNE 1 of each year. Newly elected and appointed officers and employees should contact the heads of their agencies or the Commission on Ethics for copies of the form or download it from www.ethics.state.fl.us, as should those persons who are required to file their final disclosure statements within 60 days of leaving office or employment.

Any person needing one or more of the other forms described here may also obtain them from a Supervisor of Elections or from the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317 5709.  They are also available on the Commission’s website: www.ethics.state.fl.us.

PENALTIES

Non criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics

There are no criminal penalties for violation of the Sunshine Amendment and the Code of Ethics. Penalties for violation of these laws may include: impeachment, removal from office or employment, suspension, public censure, reprimand, demotion, reduction in salary level, forfeiture of no more than one third salary per month for no more than twelve months, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received, and triple the value of a gift from a political committee.

Penalties for Candidates

CANDIDATES for public office who are found in violation of the Sunshine Amendment or the Code of Ethics may be subject to one or more of the following penalties: disqualification from being on the ballot, public censure, reprimand, or a civil penalty not to exceed $10,000, and triple the value of a gift received from a political committee.

Penalties for Former Officers and Employees

FORMER PUBLIC OFFICERS or EMPLOYEES who are found in violation of a provision applicable to former officers or employees or whose violation occurred prior to such officer’s or employee’s leaving public office or employment may be subject to one or more of the following penalties: public censure and reprimand, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received, and triple the value of a gift received from a political committee.

Penalties for Lobbyists and Others

An executive branch lobbyist who has failed to comply with the Executive Branch Lobbying Registration law (see Part VIII) may be fined up to $5,000, reprimanded, censured, or prohibited from lobbying executive branch agencies for up to two years. Lobbyists, their employers, principals, partners, and firms, and political committees and committees of continuous existence who give a prohibited gift or honorarium or fail to comply with the gift reporting requirements for gifts worth between $25 and $100, may be penalized by a fine of not more than $5,000 and a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the public officer or employee to whom the gift was given for up to two years. Any agent or person

acting on behalf of a political committee giving a prohibited gift is personally liable for a civil penalty of up to triple the value of the gift.

Executive Branch lobbying firms that fail to timely file their quarterly compensation reports may be fined
$50 per day per report for each day the report is late, up to a maximum fine of $5,000 per report.

Felony Convictions: Forfeiture of Retirement Benefits

Public officers and employees are subject to forfeiture of all rights and benefits under the retirement system to which they belong if convicted of certain offenses. The offenses include embezzlement or theft of public funds; bribery; felonies specified in Chapter 838, Florida Statutes; impeachable offenses; and felonies committed with intent to defraud the public or their public agency. [Sec. 112.3173, Fla. Stat.]

Automatic Penalties for Failure to File Annual Disclosure

Public officers and employees required to file either Form 1 or Form 6 annual financial disclosure are subject to automatic fines of $25 for each day late the form is filed after September 1, up to a maximum penalty of $1,500. [Sec. 112.3144 and 112.3145, Fla. Stat.]

ADVISORY OPINIONS

Conflicts of interest may be avoided by greater awareness of the ethics laws on the part of public officials and employees through advisory assistance from the Commission on Ethics.

Who Can Request an Opinion

Any public officer, candidate for public office, or public employee in Florida who is in doubt about the applicability of the standards of conduct or disclosure laws to himself or herself, or anyone who has the power to hire or terminate another public employee, may seek an advisory opinion from the Commission about himself or herself or that employee.

How to Request an Opinion

Opinions may be requested by letter presenting a question based on a real situation and including a detailed description of the situation. Opinions are issued by the Commission and are binding on the conduct of the person who is the subject of the opinion, unless material facts were omitted or misstated in the request for the opinion. Published opinions will not bear the name of the persons involved unless they consent to the use of their names; however, the request and all information pertaining to it is a

public record, made available to the Commission and to members of the public in advance of the Commission’s consideration of the question.

How to Obtain Published Opinions

All of the Commission’s opinions are available for viewing or download at its website: www.ethics.state.fl.us.

COMPLAINTS

Citizen Involvement

The Commission on Ethics cannot conduct investigations of alleged violations of the Sunshine Amendment or the Code of Ethics unless a person files a sworn complaint with the Commission alleging such violation has occurred, or a referral is received, as discussed below.

If you have knowledge that a person in government has violated the standards of conduct or disclosure laws described above, you may report these violations to the Commission by filing a sworn complaint on the form prescribed by the Commission and available for download at www.ethics.state.fl.us. The Commission is unable to take action based on learning of such misdeeds through newspaper reports, telephone calls, or letters.

You can obtain a complaint form (FORM 50), by contacting the Commission office at the address or phone number shown on the inside front cover of this booklet, or you can download it from the Commission’s website:
www.ethics.state.fl.us.

Referrals

The Commission may accept referrals from: the Governor, the Florida Department of Law Enforcement, a State Attorney, or a U.S. Attorney.  A vote of six of the Commission’s nine members is required to proceed on such a referral.

Confidentiality

The complaint or referral, as well as all proceedings and records relating thereto, is confidential until the accused requests that such records be made public or until the matter reaches a stage in the Commission’s proceedings where it becomes public. This means that unless the Commission receives a written waiver of confidentiality from the accused, the Commission is  not free to release any

documents or to comment on a complaint or referral to members of the public or press, so long as the complaint or referral remains in a confidential stage.

A COMPLAINT OR REFERRAL MAY NOT BE FILED WITH RESPECT TO A CANDIDATE ON THE DAY OF THE ELECTION, OR WITHIN THE 30 CALENDAR DAYS PRECEDING THE ELECTION DATE, UNLESS IT IS BASED ON PERSONAL INFORMATION OR INFORMATION OTHER THAN HEARSAY.

How the Complaint Process Works

Complaints  which  allege  a  matter  within  the  Commission’s  jurisdiction  are  assigned  a  tracking number and Commission staff forwards a copy of the original sworn complaint to the accused within five working days of its receipt. Any subsequent sworn amendments to the complaint also are transmitted within five working days of their receipt.

Once a complaint is filed, it goes through three procedural stages under the Commission’s rules. The first stage is a determination of whether the allegations of the complaint are legally sufficient: that is, whether they indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation, and all records relating to the complaint will become public at that time.

In cases of very minor financial disclosure violations, the official will be allowed an opportunity to correct or amend his or her disclosure form. Otherwise, if the complaint is found to be legally sufficient, a preliminary investigation will be undertaken by the investigative staff of the Commission. The second stage  of  the  Commission’s  proceedings  involves  this  preliminary  investigation  and  a  decision  by  the Commission as to whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the Commission finds no probable cause to believe there has been a violation of the ethics laws, the complaint will be dismissed and will become a matter of public record. If the Commission finds probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and usually enters the third stage of proceedings. This stage requires the Commission to decide whether the law was actually violated and, if so, whether a penalty should be recommended. At this stage, the accused has the right to request a public hearing (trial) at which evidence is presented, or the Commission may order that such a hearing be held. Public hearings usually are held in or near the area where the alleged violation occurred.

When the Commission concludes that a violation has been committed, it issues a public report of its findings and may recommend one or more penalties to the appropriate disciplinary body or official.

When the Commission determines that a person has filed a complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains  false  allegations,  the  complainant  will  be  liable  for  costs  plus  reasonable  attorney’s  fees

incurred by the person complained against. The Department of Legal Affairs may bring a civil action to recover such fees and costs, if they are not paid voluntarily within 30 days.

Dismissal of Complaints At Any Stage of Disposition

The Commission may, at its discretion, dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, in which case the Commission will issue a public report stating with particularity its reasons for the dismissal. [Sec. 112.324(12), Fla. Stat.]

Statute of Limitations

All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics must be filed with the Commission within five years of the alleged violation or other breach of the public trust. Time starts to run on the day AFTER the violation or breach of public trust is committed. The statute of limitations is tolled on the day a sworn complaint is filed with the Commission. If a complaint is filed and the statute of limitations has run, the complaint will be dismissed. [Sec. 112.3231, Fla. Stat.]

EXECUTIVE BRANCH LOBBYING

Any person who, for compensation and on behalf of another, lobbies an agency of the executive branch of state government with respect to a decision in the area of policy or procurement may be required to register as an executive branch lobbyist. Registration is required before lobbying an agency and is renewable annually. In addition, each lobbying firm must file a compensation report with the Commission for each calendar quarter during any portion of which one or more of the firm’s lobbyists were registered to represent a principal. As noted above, no executive branch lobbyist or principal can make, directly or indirectly, and no executive branch agency official or employee who files FORM 1 or FORM 6 can knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. [Sec. 112.3215, Fla. Stat.]

Paying an executive branch lobbyist a contingency fee based upon the outcome of any specific executive branch action, and receiving such a fee, is prohibited. A violation of this prohibition is a first degree misdemeanor, and the amount received is subject to forfeiture. This does not prohibit sales people from receiving a commission. [Sec. 112.3217, Fla. Stat.]

Executive branch departments, state universities, community colleges, and water management districts are prohibited from using public funds to retain an executive branch (or legislative branch) lobbyist, although these agencies may use full time employees as lobbyists. [Sec. 11.062, Fla. Stat.]

Online registration and filing is available at www.floridalobbyist.gov. Additional information about the executive branch lobbyist registration system may be obtained by contacting the Lobbyist Registrar at the following address:

Executive Branch Lobbyist Registration Room G 68, Claude Pepper Building 111 W. Madison Street
Tallahassee, FL 32399 1425
Phone: 850/922 4987

WHISTLE BLOWER’S ACT

In 1986,  the  Legislature  enacted  a  “Whistle  blower’s  Act”  to  protect  employees  of  agencies and government contractors from adverse personnel actions in retaliation for disclosing information in a sworn complaint alleging certain types of improper activities. Since then, the Legislature has revised this law to afford greater protection to these employees.
While this language is contained within the Code of Ethics, the Commission has no jurisdiction or authority to proceed against persons who violate this Act. Therefore, a person who has disclosed information alleging improper conduct governed by this law and who may suffer adverse consequences as a result should contact one or more of the following: the Office of the Chief Inspector General in the Executive Office of the Governor; the Department of Legal Affairs; the Florida Commission on Human Relations; or a private attorney. [Sec. 112.3187 112.31895, Fla.  Stat.]

ADDITIONAL INFORMATION

As mentioned above, we suggest that you review the language used in each law for a more detailed understanding of Florida’s ethics laws. The “Sunshine Amendment” is Article II, Section 8, of the Florida Constitution. The Code of Ethics for Public Officers and Employees is contained in Part III of Chapter 112, Florida Statutes.

Additional information about the Commission’s functions and interpretations of these laws may be found in Chapter 34 of the Florida Administrative Code, where the Commission’s rules are published, and in The Florida Administrative Law Reports, which until 2005 published many of the Commission’s final orders. The Commission’s rules, orders, and opinions also are available at www.ethics.state.fl.us.

If you are a public officer or employee concerned about your obligations under these laws, the staff of the Commission will be happy to respond to oral and written inquiries by providing information about the law, the Commission’s interpretations of the law, and the Commission’s procedures.

TRAINING

Constitutional officers, elected municipal officers, and commissioners of community redevelopment agencies (CRAs) are required to receive a total of four hours training, per calendar year, in the area of ethics, public records, and open meetings. The Commission on Ethics does not track compliance or certify providers.

Visit the training page on the Commission’s website for up  to  date rules, opinions, audio/video training, and opportunities for live training conducted by Commission staff. A comprehensive online training course addressing Florida’s Code of Ethics, as well as Sunshine Law, and Public Records Act is available via a link on the Commission’s homepage.

Financial Disclosure Form 1

I

FORMl	STATEMENT OF	2019

Please prtnt or type your name, malllng address, agency name, and position below:

FINANCIAL INTERESTS	I	FOR OFFICE USE ONLY:

LAST NAME -- FIRST NAME - MIDDLE NAME:

MAILING ADDRESS:

CITY:	ZIP:	COUNTY:

NAME OF AGENCY:

NAME OF OFFICE OR POSITION HELD OR SOUGHT:

CHECK ONLY IF □ CANDIDATE	OR	□ NEW EMPLOYEE OR APPOINTEE
**** THIS SECTION MUST BE COMPLETED ****
DISCLOSURE PERIOD:
THIS STATEMENT REFLECTS YOUR FINANCIAL INTERESTS FOR CALENDAR YEAR ENDING DECEMBER 31, 2019.

MANNER OF CALCULATING REPORTABLE INTERESTS:
FILERS HAVE THE OPTION OF USING REPORTING THRESHOLDS TH AT ARE ABSOLUTE DOLLAR VALUES, WHICH REQUIRES FEWER CALCULATIONS, OR USING COMPARATIVE THRESHOLDS, WHICH ARE USUALLY BASED ON PERCENTAGE VALUES

(see instructions for further details). CHECK THE ONE YOU ARE USING (must check one):

COMPARATIVE (PERCENTAGE) THRESHOLDS	OR

DOLLAR VALUE THRESHOLDS

□	 □
PART A -- PRIMARY SOURCES OF INCOME [Major sources of income to the reporting person - See instructions] (If you have nothing to report, write "none" or "n/a")

NAME OF SOURCE	SOURCE'S	DESCRIPTION OF THE SOURCE'S	
OF INCOME	ADDRESS	PRINCIPAL BUSINESS ACTIVITY	

PART B - SECONDARY SOURCES OF INCOME
[Major customers, dients, and other sources of income to businesses owned by the reporting person - See instructions] (If you have nothing to report, write "none" or "n/a")

NAME OF	NAME OF MAJOR SOURCES	ADDRESS
BUSINESS ENTITY	OF BUSINESS' INCOME	OF SOURCE

PART C - REAL PROPERTY [Land, buildings owned by the reporting person - See instructions] (If you have nothing to report, write "none" or "n/a")

PRINCIPAL BUSINESS ACTIVITY OF SOURCE

You are not limited to the space on the lines on this form. Attach additional sheets, if necessary.
FIL ING INSTR U CTIONS for when
an d where to file this form are loc ated at the bot tom of p age 2.

INSTRUCTIONS on who must file this form and how to fill it out begin on p age 3.

CE FORM 1 - Effective: January 1, 2020 Incorporated by reference in Rule 34-8.202(1), F.A.C.

(Continued on reverse side)

PAGE1

Initially

within 30 days

Candidates
Local officers/employees

Candidates	                   

Thereafter

State officers	specified state employees

Finally

NOTICE
Annual Statements of Financial Interests are due July 1. If the annual form is not filed or postmarked by September 1, an automatic fine of $25 for each day late will be imposed, up to a maximum penalty of $1,500. Failure to file also can result in removal from public office or employment. [s. 112.3145, F.S.]
In addition, failure to make any required disclosure constitutes grounds for and may be punished by one or more of the following: disqualification from being on the ballot, impeachment, removal or suspension from office or employment, demotion, reduction in salary, reprimand, or a civil penalty not exceeding $10,000. [s. 112.317, F.S.]
WHO MUST FILE FORM 1:

Elected public officials not serving in a political subdivision of the state and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6.
Appointed members of each board, commission, authority, or council having statewide jurisdiction, excluding members of solely advisory bodies, but including judicial nominating commission members; Directors of Enterprise Florida, Scripps Florida Funding Corporation, and Career Source Florida; and members of the Council on the Social Status of Black Men and Boys; the Executive Director, Governors, and senior managers of Citizens Property Insurance Corporation; Governors and senior managers of Florida Workers' Compensation Joint Underwriting Association; board members of the Northeast Fla. Regional Transportation Commission; board members of Triumph Gulf Coast, Inc; board members of Florida Is For Veterans, Inc.; and members of the Technology Advisory Council within the Agency for State Technology.
The Commissioner of Education, members of the State Board of Education, the Board of Governors, the local Boards of Trustees and Presidents of state universities, and the Florida Prepaid College Board.
Persons elected to office in any political subdivision (such as municipalities, counties, and special districts) and any person appointed to fill a vacancy in such office, unless required to file Form 6.
Appointed members of the following boards, councils, commissions, authorities, or other bodies of county, municipality, school district, independent special district, or other political subdivision: the governing body of the subdivision; community college or junior college district boards of trustees; boards having the power to enforce local code provisions; boards of adjustment; community redevelopment agencies; planning or zoning boards having the power to recommend, create, or modify land planning or zoning within a political subdivision, except for citizen advisory committees, technical coordinating committees, and similar groups who only have the power to make recommendations to planning or zoning boards, and except for representatives of a military installation acting on behalf of all military installations within that jurisdiction; pension or retirement boards empowered to invest pension or retirement funds or determine entitlement to or amount of pensions or other retirement benefits, and the Pinellas County Construction Licensing Board.
Any appointed member of a local government board who is required to file a statement of financial interests by the appointing authority or the enabling legislation, ordinance, or resolution creating the board.
Persons holding any of these positions in local government: mayor; county or city manager; chief administrative employee or finance

director of a county, municipality, or other political subdivision; county or municipal attorney; chief county or municipal building inspector; county or municipal water resources coordinator; county or municipal pollution control director; county or municipal environmental control director; county or municipal administrator with power to grant or deny a land development permit; chief of police; fire chief; municipal clerk; appointed district school superintendent; community college president; district medical examiner; purchasing agent (regardless of title) having the authority to make any purchase exceeding $35,000 for the local governmental unit.
Officers and employees of entities serving as chief administrative officer of a political subdivision.
Members of governing boards of charter schools operated by a city or other public entity.
Employees in the office of the Governor or of a Cabinet member who are exempt from the Career Service System, excluding secretarial, clerical, and similar positions.
The following positions in each state department, commission, board, or council: Secretary, Assistant or Deputy Secretary, Executive Director, Assistant or Deputy Executive Director, and anyone having the power normally conferred upon such persons, regardless of title.
The following positions in each state department or division: Director, Assistant or Deputy Director, Bureau Chief, and any person having the power normally conferred upon such persons, regardless of title.
Assistant State Attorneys, Assistant Public Defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel, Public Counsel, full-time state employees serving as counsel or assistant counsel to a state agency, administrative law judges, and hearing officers.
The Superintendent or Director of a state mental health institute established for training and research in the mental health field, or any major state institution or facility established for corrections, training, treatment, or rehabilitation.
State agency Business Managers, Finance and Accounting Directors, Personnel Officers, Grant Coordinators, and purchasing agents (regardless of title) with power to make a purchase exceeding
$35,000.
The following positions in legislative branch agencies: each employee (other than those employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house); and each employee of the Commission on Ethics.

INSTRUCTIONS FOR COMPLETING FORM 1:

INTRODUCTORY INFORMATION (Top of F orm): If your
name, mailing address, public agency, and position are already printed on the form, you do not need to provide this information unless it should be changed. To change any of this information, write the correct information on the form, and contact your agency's financial disclosure coordinator. You can find your coordinator on the Commission on Ethics website: www.ethics. state.fl.us.
NAME OF AGENCY: The name of the governmental unit which you serve or served, by which you are or were employed, or for which you are a candidate.
DISCLOSURE PERIOD: The "disclosure period" for your report is the calendar year ending December 31, 2019.
CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C.

OFFICE OR POSITION HELD OR SOUGHT: The title of
the office or position you hold, are seeking, or held during the disclosure period even if you have since left that position. If you are a candidate for office or are a new employee or appointee, check the appropriate box.
PUBLIC RECORD: The disclosure form and everything attached to it is a public record. Your Social Security Number is not required and you should redact it from any documents you file. If you are an active or former officer or employee listed in Section 119.071, F.S., whose home address is exempt from disclosure, the Commission will maintain that confidentiality if you submit a written request.

PAGE3

 	contained in

IF YOU HAVE CHOSEN DOLLAR VALUE THRESHOLDS THE FOLLOWING INSTRUCTIONS APPLY

and,

not

unless

and,

and,

IF YOU HAVE CHOSEN COMPARATIVE (PERCENTAGE) THRESHOLDS THE FOLLOWING INSTRUCTIONS APPLY

Examples:
You are the sole proprietor of a dry cleaning business, from which you received more than 10% of your gross income-an amount that was more than $1,500. If only one customer, a uniform rental company, provided more than 10% of your dry cleaning business, you must list the name of the uniform rental company, its address, and its principal business activity (uniform rentals).
You are a 20% partner in a partnership that owns a shopping mall and your partnership income exceeded the thresholds listed above. You should list each tenant of the mall that provided more than 10% of the partnership's gross income, and the tenant's address and principal business activity.
PART C - REAL PROPERTY
[Required by s. 112.3145(3)(a)3, F.S.]
In this part, list the location or description of all real property in Florida in which you owned directly or indirectly at any time during the disclosure period in excess of 5% of the property's value. You are not required to ist your residences. You should ist any vacation homes, if you derive income from them.
Indirect ownership includes situations where you are a beneficiary of a trust that owns the property, as well as situations where you own more than 5% of a partnership or corporation that owns the property. The value of the property may be determined by the most recently assessed value for tax purposes, in the absence of a more current appraisal.
The location or description of the property should be sufficient to enable anyone who looks at the form to identify the property. A street address should be used, if one exists.
PART D - INTANGIBLE PERSONAL PROPERTY
[Required by s. 112.3145(3)(a)3, F.S.]
Describe any intangible personal property that, at any time during the disclosure period, was worth more than 10% of your total assets, and state the business entity to which the property related. Intangible personal property includes things such as cash on hand, stocks, bonds, certificates of deposit, vehicle leases, interests in businesses, beneficial interests in trusts, money owed you, Deferred Retirement Option  Program  (DROP)  accounts, the Florida Prepaid College Plan, and bank accounts. Intangible personal property also includes investment products held in IRAs, brokerage accounts, and the Florida College Investment Plan. Note that the product contained in a brokerage account, IRA, or the Florida College nvestment Plan is your asset-not the account or plan itself. Things like automobiles and houses you own, jewelry, and paintings are not intangible property. Intangibles relating to the same business entity may be aggregated; for example, CD's and savings accounts with the same bank.
Calculations: To determine whether the intangible property exceeds 10% of your total assets, total the fair market value of  all of your assets (including real property, intangible property, and tangible personal property such as jewelry, furniture, etc.). When making this calculation, do not subtract any liabilities (debts) that may relate to the property. Multiply the total figure by 10% to arrive at the disclosure threshold. List only the intangibles that exceed this threshold amount. The value of a leased vehicle is the vehicle's present value minus the lease residual (a number which can be found on the lease document). Property that is only jointly owned property should be valued according to the percentage of your joint ownership. Property owned as tenants by the entirety or as joint tenants with right of survivorship should be valued at 100%. None of your calculations or the value of the property have to be disclosed on the form.
Example: You own 50% of the stock of a small corporation that is worth $100,000, the estimated fair market value of your home and other property (bank accounts, automobile, furniture,  etc.)  is  $200,000.  As  your  total  assets  are worth
$250,000,  you must disclose intangibles  worth over  $25 ,000.
Since the value of the stock exceeds this threshold, you should list "stock" and the name of the corporation. If your accounts with a particular bank exceed $25,000, you should list "bank accounts" and bank's name.
CE FORM 1 - Effective: January 1, 2020. Incorporated by reference in Rule 34-8.202, F.A.C.

PART E - LIABILITIES
[Required by s. 112.3145(3)(b)4, F.S.]
List the name and address of each creditor to whom you owed any amount that, at any time during the disclosure period, exceeded your net worth. You are  not required  to list the amount  of any debt or your net worth. You do not have to disclose: credit card and retail installment accounts, taxes owed (unless reduced to a judgment), indebtedness on a life insurance policy owed to the company of issuance, or  contingent  liabilities.  A  "contingent  liability"  is  one that will become an actual liability only when one or more future events occur or  fail to occur,  such as where  you are liable  only  as a guarantor, surety, or endorser on a promissory note. If you are a "co-maker" and are jointly liable or jointly and severally liable, it is not a contingent liability.
Calculations: To determine whether the debt  exceeds  your net worth, total all of your liabilities (including promissory notes, mortgages, credit card debts, judgments against you, etc.). The amount of the liability of a vehicle lease is the sum of any past-due payments and all unpaid prospective lease payments.  Subtract the sum total of your liabilities from the value  of all your  assets  as calculated above for Part D. This is your "net worth." List each creditor to whom your debt exceeded this amount unless it is one of the types of indebtedness listed in the paragraph above (credit card and retail installment accounts, etc.). Joint liabilities with others for which you are "jointly and severally liable," meaning that you may be liable for either your part or the whole of the obligation, should be included in your calculations at 100% of the amount owed.
Example: You owe $15,000 to a bank for student loans, $5,000 for credit card debts, and $60,000 (with spouse) to a savings and loan for a home mortgage. Your home (owned by you and your spouse) is worth $80,000 and your other property is worth
$20,000.  Since  your  net  worth  is $20,000 ($100,000  minus
$80,000), you must report only the name and address of the savings and loan.
PART F- INTERESTS IN SPECIFIED BUSINESSES
[Required by s. 112.3145, F.S.]
The types of businesses covered in this disclosure include: state and federally chartered banks; state and federal savings and loan associations; cemetery companies; insurance companies; mortgage companies; credit unions; small loan companies; alcoholic beverage licensees ; pari-mutuel wagering companies, utility companies, entities controlled by the Public Service Commission ; and entities granted a franchise to operate by either a city or a county government.
Disclose in this part the fact that you owned during the disclosure period an interest in, or held any  of  certain  positions with,  the  types  of  businesses   listed  above.   You  are   required to make this disclosure if you own or owned (either directly or indirectly in the form of an equitable or beneficial interest)  at any time during the disclosure period more than  5% of the  total assets or capital stock of one of the types of business entities listed above. You also must complete this part of the form for each of these types of businesses for which you are, or were at any time during the disclosure period, an officer, director, partner, proprietor, or agent (other than a resident agent solely for service of process).
If you have or held such a position or ownership interest in one of these types of businesses, list the name of the business, its address and principal business activity, and the position held with the business (if any). If you own(ed) more than a 5% interest in the business, indicate that fact and describe the nature of your interest.
PART G- TRAINING CERTIFICATION
[Required by s. 112.3142, F.S.]
If you are a Constitutional or elected municipal officer whose service began before March 31 of the year for which you are filing, you are required to complete four hours of ethics training which addresses Article 11, Section 8 of the Florida Constitution,  the Code of Ethics for Public Officers and Employees, and the public records and open meetings laws of the state. You are required to certify on this form that you have taken such training.
(End of Percentage Thresholds Instructions.)
PAGE6

University Park Recreation District

Review of District Contact List

Seat	
1	

 
University Park Recreation District	
Established: August 2, 2018		
District Board of Supervisors		
James Case	Term Expires 2024	
8156 Colingwood Court		
University Park, FL 34201		
County: Manatee		
james.case@universityparkrd.com		

2	Bill DiPaolo	Term Expires 2022	
	7110 Marston Court		
	University Park, FL 34201		
	County: Manatee		
	bill.dipaolo@universityparkrd.com		

3	Sally Dickson	Term Expires 2024	
	7314 Westminster Court	
	University Park, FL 34201	
	County: Manatee		
	sally.dickson@universityparkrd.com	

4	Karen Pagano	Term Expires 2022	
	8117 Regents Ct		
	University Park, FL 34201	
	County: Manatee		
	karen.pagano@universityparkrd.com	

5	Steve Ludmerer	Term Expires 2024	
	7912 Warwick Gardens Lane	
	University Park, FL 34201	
	County: Manatee		
	steve.ludmerer@universityparkrd.com	

District Counsel	
Blalock Walters, P.A.	
802 11th Street West	
Bradenton, FL 34205	

Mark Barnebey	941.748.0100	
mbarnebey@blalockwalters.com	

Jenny Alexander (Mark’s paral	941.748.0100	
jalexander@blalockwalters.com		

District Manager and Financial Advisor	
PFM Group Consulting	
12051 Corporate Blvd	
Orlando, FL 32817	
Phone:	407.723.5900	

Vivian Carvalho	
carvalhov@pfm.com 	

Venessa Ripoll	
ripollv@pfm.com 	

Laurie Evans		John Fetsick	
General Manager	Director of Finance	
University Park Country Club	University Park Country Club	
7671 Park Boulevard	jfetsick@universitypark-fl.com	
University Park, FL 34201	
LEvans@universitypark-fl.com	Curtis Nickerson	
Phone:	941-355-3888, ext. 223	Deputy General Manager	
Fax: 941-351-7778	University Park Country Club	
Website: http://www.universitypark-fl.com	CNickerson@universitypark-fl.com	

University Park Recreation District

Consideration of the Minutes of the October 9, 2020 Board of Supervisors’ Meeting

UNIVERSITY PARK RECREATION DISTRICT BOARD OF SUPERVISORS MEETING
Friday, October 9, 2020 at 1:00 p.m.
Via conference call due to the COVID-19 Executive Order 20-246

Board Members present at roll call:

Steve Ludmerer	Chairperson & Treasurer	(via phone)	
Beth Bertsch	Vice Chairperson	(via phone)	
Jim Long	Assistant Secretary	(via phone)	
Karen Pagano	Assistant Secretary	(via phone)	

Also, Present:

Vivian Carvalho	PFM	(via phone)	
Venessa Ripoll	PFM	(via phone)	
Amy Champagne	PFM	(via phone)	
Mark Barnebey	Blalock Walters Law Firm	(via phone)	
Laurie Evans	Country Club	(via phone)	
Curtis Nickerson	Country Club	(via phone)	
John Fetsick	Country Club- Director of Finance	(via phone)	
Various Members of the General Public

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 1:00 p.m. Those in attendance are outlined above.

SECOND ORDER OF BUSINESS	Organizational Matters Opening Comments
Mr. Ludmerer provided opening remarks.

Public Comments

There were no public comments at this time.

Discussion regarding Executive Order 20-246

A discussion took place regarding Executive Order 20-246. The Executive Order has been extended thru 12:01 AM of November 1, 2020. District Counsel will keep everyone informed if the Executive Order is lifted or extended beyond November 1, 2020.
A discussion took place about physical distancing.

Consideration of Minutes of the September 11, 2020 Board of Supervisors’ Meeting and the September 25, 2020 Continued Board of Supervisors’ Meeting

The Board reviewed the Minutes of the September 11, 2020 Board of Supervisors’ Meeting and the September 25, 2020 Continued Board of Supervisors’ Meeting. Changes were provided by Ms. Kopnisky and Mr. Ludmerer.

ON MOTION by Ms. Bertsch, seconded by Mr. Long, with all in favor, the Board approved Minutes of the September 11, 2020 Board of Supervisors’ Meeting and the September 25, 2020 Continued Board of Supervisors’ Meeting with the suggested changes provided by Ms. Kopnisky and Mr. Ludmerer.

Consideration of Resolution 2021- 01, Treasurer Position

Mr. Ludmerer provided an overview of the request of Mr. Fetsick being the Treasurer per the discussion at the last Board Meeting. The District Ordinance permits a non-Board Member to be Treasurer. He feels the Treasurer should be a Board Member. Another Board Member thinks that the Board should use their professional staff for positions such as Treasurer and suggested naming Mr. Fetsick as Treasurer. Two Board Members think Mr. Ludmerer should remain Treasurer until the new Board is established. A discussion took place among the Board no action was taken on this matter.

Review & Consideration of the Trademark / Servicemark License Agreement

Ms. Ludmerer discussed the Trademark/ Servicemark License Agreement. Ms. Bertsch asked if the District is covered if someone uses the term UPCC. She asked if that needs to be specified in the agreement as well. Mr. Ludmerer said UPCC would not be a registered Trademark but it is an acronym and if the District owns University Park County Club the expression UPCC would be a common law mark and if someone used it the District would have some grounds to object but not have ownership of the mark. Mr. Barnebey echoed Mr. Ludmerer’ s comments. A discussion took place. Mr. Ludmerer suggested a motion to approve the document displayed and authorize Ms. Kopnisky to sign the Agreement assuming the UPCAI approves the Agreement at their upcoming Board meeting.

Mr. Long asked if the email from Mr. LaPointe was incorporated into this item. Mr. Ludmerer replied yes.

ON MOTION by Mr. Long, seconded by Ms. Bertsch, with all in favor, the Board approved the Trademark / Servicemark License Agreement displayed and authorize Ms. Kopnisky to sign the Agreement assuming the UPCAI is in agreement.

Update of the Owners Outstanding Assessments
UPRD v. Lester

Mr. Barnebey provided an overview of outstanding assessments. Three accounts are outstanding. He discussed the lawsuit of the District v, Lester. There was a counteroffer. The Dowdell Matter has been served and they have until next week to respond. A discussion took place about allowing the lawsuit with Lester to settle or proceed with foreclosure. The Board turned down their offer and seeks the full amount to be payable in the next 30 days before the Board takes additional action. Mr. Barnebey will pass on the decision of the Board.

Review and Consideration of Revised Agreement Regarding Parcel 7
a) Consideration of Agreement

Mr. Ludmerer stated the District in the Purchase and Sale Agreement has an option to purchase Parcel 7 with the opportunity to transfer the Option to UPCAI. As the District does not foresee its use of Parcel 7, the District has negotiated an Agreement to transfer the Option to UPCAI and share any profits (after cost and expenses) should UPCAI monetize the property. In drafting final agreement, the UPCAI asked that the profit-sharing

term only lasts for ten years however the District drafted a response that they would like it to last for 30 years. The draft agreement attached is a compromise at 20 years. He suggested the Board approve the agreement as presented in the agenda.

ON MOTION by Mr. Long, seconded by Ms. Bertsch, with all in favor, the Board approved the Revised Agreement Regarding Parcel 7.

Update on the Sales Center

Mr. Ludmerer stated the Sales Center has been transferred to UPCAI.

Update on the Election Process
a.  Consideration	of	Vote-Now Agreement

Ms. Van Brunt provided an overview of the first mailer and some discrepancies that occurred and the resolution to the matter. She further stated there were 200 of the 750 envelopes were returned but the homeowners were notified and the package was mailed October 8, 2020 but the deadlines for submissions for nominations were due today at noon and there are 100 household who may not have been advised about the nomination deadline. She recommended if any of those 200 parties indicate they would like to run as Supervisor that the District extend the deadline by one week to noon of October 16, 2020. A discussion took place.

ON MOTION by Mr. Long, seconded by Ms. Bertsch, with all in favor, the Board approved extending the deadline one week to October 16, 2020 at noon to include delaying of the posting of bios and photos until October 16, 2020 at close of business.

Mr. Ludmerer asked the Board if they should share the names of the candidates that have submitted at this point in time and the number of candidates that have submitted or wait until October 16, 2020. The Board wished to know the amount of people who wished to serve on the Board but not the names. Ms. Carvalho stated as of today 9 people submitted their interest to serve on the Board. A discussion took place and the Board wished that the names not be revealed until October 16, 2020.

Mr. Ludmerer discussed the Vote-Now Agreement which is in draft form and still in negotiation between District Counsel and Vote-Now Attorneys. Mr. Mantia provided an update about his discussion with the CEO of Vote-Now regarding the document. He

described the changes to the document which were added to the document because the UPRD is a District as opposed to an HOA. Mr. Conway on the HOA Board worked with Vote-Now with the HOA Contract which was approved but because UPRD is a District other changes needed to be made. He also discussed those with Vote-Now and Mr. Barnebey some of the additions and to be sure the District is covered from a legal perspective and how Vote-Now would be comfortable with the additions to the contract. Mr. Ludmerer asked if the Board had any comments. Mr. Barnebey commented the Vote- Now is not used to Florida Law and the District needs to make them comfortable and if there is litigation there should be a provision that the prevailing party will pay for their own attorney’s fees. Vote-Now had requested that to be deleted and so that is a business decision by the Board and up to the Board if that should be included or not. Mr. Barnebey suggested the Board approve the Agreement addressing that issue subject to District Counsel’s final approval.

ON MOTION by Mr. Long, seconded by Ms. Bertsch, with all in favor, the Board approved the Vote-Now Agreement as presented with the prevailing party provision deleted and authorize the Chair to execute the contract subject to District Counsel’s approval.

Update on the District Accounting Services Transition

Mr. Ludmerer provided an overview of the District Accounting Services Transition. The transition has occurred and the documents to memorialize the change need to be approved by the Board.

ON MOTION by Mr. Long, seconded by Ms. Bertsch, with all in favor, the Board approved the memorialization and changes in contract language of the First Addendum to District Management Assessment Consulting Contract with PFM Group Consulting Services, LLC and associated documents in substantial form subject to District Counsel approval and signed by the Chair.

FOURTH ORDER OF BUSINESS	District Financials

Ratification	of	Payment Authorization Nos. 26 - 28

Mr. Ludmerer stated Payment Authorization Nos. 26 -28 were reviewed and approved by Mr. Fetsick and he recommended ratification by the Board.

ON MOTION by Ms. Bertsch, seconded by Mr. Long, with all in favor, the Board ratified Payment Authorization Nos 26 – 28.

Review	of	District	Financial Position

Mr. Ludmerer provided an overview of the District Financial Position. No action was taken by the Board.

FIFTH ORDER OF BUSINESS	Staff Reports

General Manager Report- Ms. Evans reviewed the General Manager Report. She will continue to have 50% capacity in the restaurant. The tennis and fitness area will be allowed for members only. She is planning to schedule events while working under COVID-19 restrictions. There are travel restrictions for International and Canadian members and residents. She was contacted by a significant number of those individuals who are concerned that they won’t be able to come back due to the restrictions or the impact the traveling will have on their medical and health wellbeing which would be at risk if they traveled outside their county. Ms. Evans discussed solutions such as fee credits applied to 2021 dues and solutions pertaining to outstanding fees.

Mr. Ludmerer asked if there was any feedback on conversions of summer memberships. Ms. Evans replied it is too early to get feedback until mid-October when we send out letters asking people to consider joining and converting to annual membership. She has a significant list of people who have expressed interest and she will be reaching out to them in the very near future.

Mr. Long thanked Ms. Evans for her leadership and her analysis of how to accommodate members who are struggling to deal with COVID-19 and travel restrictions.

Ms. Evans noted she was looking for a Club Operations Director and found a promising candidate who accepted the offer. She noted the books are not yet closed for the Clubs financials. The Club was very close to Budget and performed quite well, dining revenue exceeded the Budget. She will share the Club financials in November. Ms. Kopnisky asked if she would consider opening the Club for events or functions. Ms. Evans stated there are

some outside events on the books and are doing a number of events at 50% occupancy where also social distancing and mask wearing is adhered.

Mr. Ludmerer praised Ms. Evans and her team.

District Manager- Ms. Carvalho stated there have been changes with the Florida Statute and she will confirm with Mr. Barnebey before requesting action from the Board, but Statute has changed in terms of certain requirements of what needs to be posted to the District website. Once confirmed how it impacts Recreational Districts, she wants to the Board to be aware there might be some changes. One of the questions is how much information will be included to the backup of the agenda. No action is required by the Board during this meeting.

District Counsel- Mr. Barnebey stated previously he couldn’t find his update on the outstanding assessments. The Board discussed the outstanding assessment with Lester and Dowdell. There was one other outstanding assessment to 1700 Ben LLC who had an amount due of just under $20.00 and they are going to pay off their lien which is $2,328.00. District staff fought very hard not to have to file a lien but if it is ignored multiple times it must move forward. The Board directed District staff to do so which has been completed. They will pay off the lien by October 15, 2020.

Ms. Bertsch recognized Ms. Pagano working with Ms. Evans and there has been a new design for the newsletter. She thinks residents will be very pleasantly surprised when they see the new format. Ms. Pagano stated the new newsletter will not be ready to roll out in the new format yet, but she will take over the responsibility of editing for the upcoming newsletter with Ms. Carvalho and hopefully the following month will have the new format in place.

SIXTH ORDER OF BUSINESS	Adjournment

Mr. Ludmerer requested a motion to adjourn the meeting at 2:15 p.m.

ON MOTION by Ms. Bertsch, seconded by Ms. Pagano, with all in favor, the Friday, October 9, 2020 Board of Supervisors’ Meeting for University Park Recreation District was adjourned 2:15PM.

Secretary / Assistant Secretary	Chairperson / Vice Chairperson

University Park Recreation District

Consideration of the Minutes of the November 4, 2020 Board of Supervisors’ Workshop Meeting

MINUTES OF MEETING

UNIVERSITY PARK RECREATION DISTRICT BOARD OF SUPERVISORS WORKSHOP MEETING
Wednesday, November 4, 2020 at 10:00 a.m.
Via conference call due to the COVID-19 Executive Order 20-246

Board Members present at roll call:
Steve Ludmerer	Chairperson & Treasurer	(via phone)	
Beth Bertsch	Vice Chairperson	(via phone)	
Jim Long	Assistant Secretary	(via phone)	
Karen Pagano	Assistant Secretary	(via phone)	

Also, Present:
Vivian Carvalho	PFM	(via phone)	
Jennifer Alexander	Blalock Walters Law Firm	(via phone)	
Laurie Evans	Country Club	(via phone)	
Curtis Nickerson	Country Club	(via phone)	
John Fetsick	Country Club	(via phone)	
Various Members of the General Public

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 10:00 a.m. by Mr. Ludmerer. Those in attendance are outlined above.

SECOND ORDER OF BUSINESS	Organizational Matters Opening Comments
Mr. Ludmerer provided opening remarks for the workshop meeting.

Public Comments
There were no public comments at this time.

THIRD ORDER OF BUSINESS	Discussion

Discussion regarding Executive Order 20-246

A discussion took place regarding Executive Order 20-246. The Executive Order has been extended thru 12:01 AM of November 1, 2020. District Counsel will keep everyone informed if the Executive Order is lifted or extended beyond November 1, 2020.
A discussion took place about physical distancing.

Review of Strategic Planning Process to Date

Laurie Evans provided an overview of the update with the strategic planning and process.

Discuss the Vision, Mission and Core Values & Metrics

Laurie Evans presented the vision, mission and core values & metrics that is outlined in the power point slide attached to the minutes as “Exhibit A”.

Summary of Information Gathering Processes Including Focus Groups & Surveys

Laurie Evans provided a summary of information gathering processes including
focus  groups & surveys.	This summary is outlined in the document attached to the minutes as “Exhibit B”.
Review and Discuss Action Plans Developed with Planning Facilitator

Laurie Evans provided an overview of the action plans developed with the planning facilitator.
Update the Board on the Master Planning Services Selection Process

Laurie Evans provided an overview of the Request for Proposal (RFP) advertisement that was placed in the paper for the proposals to be due November 12, 2020. She has received 2 proposals thus far but will not be able to release the information until the due timeframe of November 12, 2020 has expired. Lengthy discussion ensued on timing of the proposals due versus the Board reviewing at the November 13, 2020 Board of Supervisors Meeting. The Board requested for management to send a copy of the RFP advertisement and RFP to the Board and post on the website in anticipation of the Board reviewing the proposals by the various companies after the due timeframe of November 12, 2020.

FOURTH ORDER OF BUSINESS	Adjournment

Mr. Ludmerer requested a motion to adjourn the workshop meeting at 11:15 a.m.

ON MOTION by Ms. Bertsch, seconded by Ms. Pagano, with all in favor, the Wednesday, November 4, 2020 Board of Supervisors’ Workshop Meeting for University Park Recreation District was adjourned 11:15 a.m.

Secretary / Assistant Secretary	Chairperson / Vice Chairperson

University Park Recreation District

Consideration of the Minutes of the November 13, 2020 Board of Supervisors’ Meeting

UNIVERSITY PARK RECREATION DISTRICT BOARD OF SUPERVISORS MEETING
Friday, November 13, 2020 at 1:00 p.m. University Park County Club- Lakeside Room 7671 The Park Blvd.
University Park, FL 34201
Board Members present or via speaker phone at roll call: Steve Ludmerer	Chairperson & Treasurer
Beth Bertsch	Vice Chairperson
Nancy Kopnisky	2nd Vice Chairperson
Jim Long	Assistant Secretary
Karen Pagano	Assistant Secretary

Also, present or via speaker phone:

Vivian Carvalho	PFM	(via phone)
Venessa Ripoll	PFM	(via phone)

Amy Champagne	PFM	(via phone) Mark Barnebey	Blalock Walters Law Firm
Laurie Evans	Country Club	(via phone)

Curtis Nickerson	Country Club	(via phone)

John Fetsick	Country Club- Director of Finance Various Members of the General Public

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 1:00 p.m. Those in attendance are outlined above.

SECOND ORDER OF BUSINESS	Organizational Matters Opening Comments

Public Comments

There were no public comments at this time.

THIRD ORDER OF BUSINESS	Administrative Matters Status of Virtual Meetings
Mr. Barnebey explained the Governor elected not to extend the Executive Order that
allows virtual meetings which is why the Board is now meeting in person again. He recommends continuing to hold the meetings virtually and quorum of the Board present to reduce the number of individuals in the room.

Consideration of Minutes of the October 9, 2020 Board of Supervisors’ Meeting and the November 4, 2020 Board of Supervisors’ Workshop Meeting

Ms. Carvalho stated the minutes in the agenda are not in final form. She received comments from Mr. Ludmerer and Ms. Kopnisky to incorporate the suggested changes. Mr. Ludmerer suggested deferring approval of the minutes until the next Board Meeting.

THIRD ORDER OF BUSINESS	Business Matters

Update on the Owners Outstanding Assessments

Mr. Barnebey provided an overview of outstanding assessments. Owner 1700 Ben LLC paid off the full amount of their outstanding assessment as of September 30, 2020. Ms. Patricia Lester provided a counter offer last month which the Board rejected and the District is moving forward with litigation. Mr. Roger Dowdell was served on September 23, 2020 and did not respond and the District is filing a motion for summary judgement.

Update on Election Process
a)  Consideration	of	CPA Engagement Letter

consultation with the District Treasurer to select a CPA to tabulate votes. A lengthy discussion took place.

Mr. Mantia stated the second mailed notice was sent out as of November 12, 2020. US Mail and Non-US Mail addressed totaling 2,100 letters.

ON MOTION by Ms. Kopnisky, seconded by Mr. Long, with all in favor, the Board approved Resolution 2021-01, authorizing the District Manager and District Treasurer to hire a CPA to tabulate the votes.

Discussion regarding Material on District Website

Mr. Barnebey explained the Florida Legislature recently enacted amendments to the Florida Statute regarding District website requirements for materials to be posted. The District can keep as much information as it wants on the website and there are some documents the District is no longer required to post. The District no longer needs to post the Audit Report however they must provide a link to the Auditor General Website. The District no longer is required to post the Public Facilities Report. Finally, the District only needs to post the Agenda and not the backup information to the cover page. The District must be able to provide that information if the public wants it as it is considered public record. It is up to the Board to determine how much or how little to include. There are expenses in converting all the documents to make them ADA compliant. He asked the Board to review this item and it will be brought back at the next meeting. Board Members expressed they want to keep the minimum number of documents on the website required by Law but ensure the public can have access to those documents if they are requested. Karen Pagano suggested a search button feature to be added to the website.

Consideration of Selection of Master Planner and Authorization to Negotiate Contract
Background Review
Proposal Presentation(s)
Discuss	and
Recommendations

Mr. Ludmerer provided a definition of the Master Planner, why it is needed and what it is intended to do.

Fawley Bryant Architects presented their proposal. Mr. Long asked if they incorporate the demographics and changing population of individuals coming to Florida that are interested in golf and tennis and how does it get incorporated in being able to project trends as opposed to fads. Fawley Bryant Architects responded that they were nationally and locally but prefer to get surveys together to understand how the Club currently works and get into research on where trends are going. They look at current spaces to see how they might be able to accommodate those changing features of the culture. The firm will seek to understand the community and not just the needs of others. Ms. Kopnisky asked if the proposal will come back with details such as a cost analysis breakdown to determine how much money it would cost to upgrade various features. Fawley Bryant provided a response that the key is to Develop the Master Plan to a level to get to those details and understanding the community’s objectives developing them to a point to take them out for pricing and get a better sense about how much things cost. It is part of the flexibility and sitting down to understand if the Club has a certain amount of money what are the priorities and the other items could be scaled in or phased back depending on the desire of the Club. A lengthy discussion took place. The Board had various questions for Fawley Bryant which were answered.

Gallo Herbert Architects provided their proposal. Mr. Long had a question about proximity of downtown and recognition of art in this area. Gallo Herber Architects provided a response. They could bring the appreciation of the arts into the community with spaces designed to showcase music and art.

Ms. Kopnisky had a question about their process. GHA responded they would identify who the stakeholders are and who is the team, or the steering committee to guide the early stages then try to ask the end users and grow a list of the Master Plan Goals and objectives and start to refine down to understand what can be easily achievable in the near future and identify the cost and abilities. Ms. Kopnisky asked at what point after gathering that information would they render a 3D drawing. GHA stated they would offer a workshop type process and it would take several days of intense time to gather around a table and invite different groups to come in and create a foundation of the Master Plan. After that in a very short time the Master Plan would be refined. Ms. Kopnisky noted in the slides they do a lot of projects that are based with significant water features. The Club does not have a significant water feature and they need to have other Amenities besides the golf to include outside dining, pickle ball and she doesn’t see in their presentation where they would bring those ideas into the picture and she asked if they come in later in the planning process and if they have done them before. GHA stated the Community has great potential throughout and not just the Club. They wouldn’t force water features on a community and the community has a lot of opportunities to do different things including the dining terraces. GHA summarized their proposal.

Mr. Ludmerer stated each of the Master Planners responded to the District’s RFP. They visited the Club on a pre-proposal meeting and tour. When the District had to re-advertise the proposal Fawley Bryant came back for a second visit. Bill Gallo of GHA has visited the Club a half dozen times over the last few years. Both proposals were updated and posted on the website later yesterday. The Volunteer Planning Group spent several hours reviewing the proposals and prepared a list of questions for each proposer which were responded to and each of the firms met with the Volunteer Planning Group and developed an interaction with the people, and the experience and the presentations seen as well as a presentation in significantly more detail. The Volunteer Planning Group met under Ms. Evans’ guidance and expressed their views.

Ms. Evans reviewed the two companies pricing and timeline. Fawley Bryant was the lower bidder and had a shorter timeline, but GHA was willing to initiate some projects before the Master Plan was completed.

Ms. Evans provided a recommendation to the Board. The Strategic Planning Committee’s recommendation was to go with Fawley Bryant. Mr. Pizzi however recommended GHA. Ms. Evans, Mr. Nickerson, and Mr. Pizzi spoke about previous clients of each of the firms. Previous clients of Fawley Bryant had very positive things to say and they are local. GHA did the planning and landscaping for Atlantis in Nassau Bahamas and they are envisioning for something like that here.

Mr. Barnebey will note a contract with the No.1 ranked bidder and if the District cannot come to a resolution it would fall to the No. 2 ranked bidder. Ms. Kopnisky asked if there is negotiation in the price of the contract. Mr. Barnebey stated there is room for negotiation and recommended the Board appoint someone to enter those negotiations for the Board.

ON MOTION by Mr. Long, seconded by Ms. Kopnisky, with all in favor, the Board approved Fawley Bryant as Master Planner and Authorized District Chair and General Manager to negotiate the contract with Fawley Bryant.

Discussion and Adoption of the Club Mission, Vision and Core Values

Mr. Ludmerer outlined the Mission, Vision, and Core Values of the Club for Board adoption and Consideration. He explained the balanced score card approach to measure financial performance and progress in the mission, vision, and core values of the community and outlined the approach in detail.

Ms. Kopnisky asked if the Core Values are similar to other Clubs. Mr. Ludmerer and Ms. Evans stated the Core Values are specific to the needs and desires of UPCC. She also asked additional questions about where the Club is in this process. Ms. Evans responded by discussing the action plans.

Ms. Evans discussed the power point slides on the Key Metrics.
Lou Marquet, a resident, mentioned that the top line of the Mission Statement excludes the word community and asked for the addition of the word “community” in the Mission Statement. Mr. Ludmerer responded that the word “community” was used in the Vision because it captures the aspirational value and to enhance the residential community. Mr. Ludmerer stated that non-member residents are guests of the Club. The Board stated it should remain as written.

ON MOTION by Mr. Long, seconded by Ms. Bertsch, with all in favor, the Board adopted the Club Mission, Vision, and Core Values.

FOURTH ORDER OF BUSINESS	District Financials

Ratification	of	Payment Authorization Nos. 29 - 34

Mr. Ludmerer stated Payment Authorization Nos. 29 - 34 were reviewed and approved by Mr. Fetsick and he recommended ratification by the Board. There were two numbers that were inadvertently skipped and those were Payment Authorization Nos. 31 & 32.

ON MOTION by Ms. Bertsch, seconded by Ms. Pagano, with all in favor the Board ratified Payment Authorization Nos. 29 - 34

Review	of	District	Financial Position

Mr. Ludmerer provided an overview of the District Financial Position. No action was taken by the Board.

Mr. Ludmerer stated he thinks the summary pages are more than satisfactory for including in the Agenda rather than each of the invoices. Mr. Barnebey responded that is more than adequate for putting on the webpage if that is the direction of the Board but he noted that

if the public wants more information or additional detail the contact for that information is the District Management Company.

FIFTH ORDER OF BUSINESS	Staff Reports

General Manager Report- Ms. Evans reviewed the General Manager Report. She is concerned with the direction Covid-19 is going. There have been recent reports of infection within the community. Membership dues and fee schedule will be going out in the next couple days to all the Members. The last meeting the Board approved the motion to carry over the food and beverage minimum for all members and to extend a three-month dues credit to the international members. Those credits will be appearing on the membership statements that they will get at the end of November.

Golf is doing well, and the Club is selling out almost every tee time each day. Unfortunately, the storm created some problems on the golf course, and it will be closed again tomorrow for cleanup and to allow the course to dry.

Membership sales are going well especially with summer member conversions. All of the conversions have not been completed because they were extended through November 15, 2020.

Mr. Fetsick presented the financial aspect of the General Manger’s Report. He discussed the PPP Loan and potential forgiveness. He provided an overview of the County Club Finances.

Ms. Bertsch provided kudos to Ms. Evans and Mr. Fetsick of Managing the County Club. She stated she is concerned about the 4% increase in dues. Mr. Ludmerer stated the 4% increase in dues was consistent with prior years.

Ms. Bertsch asked if the District has anything in the Budget where the District is planning for down time for reconstruction of facilities and where is that accounted for in terms of loss of revenue. Mr. Fetsick stated that was one of the primary questions that was asked during the strategic planning process. Each company said they developed their plan and implemented projects such that it has the least amount of impact on the business. The implementation of the Master Plan takes time. Furthermore, the time it will take to implement it will have little effect on this year’s Budget. Country Club staff is aware it could impact business and he think this Fiscal Year Budget the impact will be close to zero.

Mr. DiPaolo had a question about the PPP Loan. He asked if there is a surplus or deficit. Mr. Fetsick replied that the entire proceeds have been used for compensation related expenses,  as  outlined  in  the  PPP  Loan  guidelines.    Mr.  DiPaolo  stated  there  is
$800,000.00 not accounted for in the expense and it is additional cash that is sitting there. Mr. Fetsick disagreed with that statement and stated the PPP Loans a liability if and until the Loan is forgiven by the SBA. Mr. DiPaolo asked the term of the PPP Loan. Mr. Ludmerer stated it is 2 years with a 1% interest factor. Until the PPP Loan is forgiven it is

a liability and not a benefit. A lengthy discussion took place about the timeline of the PPPL Loan forgiveness.

Mr. Fetsick spoke about the status of the Capital Projects List. He provided an overview of the list and Ms. Carvalho requested a copy of it. Mr. Fetsick noted there are 4 years of listed projects, the preparation of which was needed and utilized for the bond sale process. The Bond Amount was $24,000,000and approximately $17,000,000. was used for the purchase  of  the  RD  District  properties,  including  the  County  Club.  Approximately
$1,500,000 was used for debt service requirements and $1,500,000 was used for closing costs,  including  bond  broker  fees,  legal  and  accounting.  That  left  approximately
$4,000,000for  the  Construction  Fund.  To  date  the  District  has  spent  just  shy  of
$1,000,000from the Construction Fund. The venture when talking about the Master Planner and near-term vision of the County Club is about $3,250,000.00 remaining in the Construction Fund currently not spent. There are no plans for how these funds will be used in the future as those decisions will be approved by the Board after input from the Master Planning

District Counsel- Mr. Barnebey commented that when he is not acting as District Counsel he is a Land Use Attorney and he has a Master’s in Urban Planning so when the District is doing the Master Plan he suggested they look at other communities such as the Country Club in Bermuda Springs that has a lazy river as part of their County Club Amenities, or a tree walk which could add to the facility. He suggested the Planning Committee to be creative as they move forward.

He reminded the District there is an election meeting coming up. Once the District has new Board members, he will leave them with requirements and things they need to be concerned about to do their job properly on working on Master Plan.

Ms. Bertsch comment being that this is her last meeting and had some final thoughts to the Board and recommendation. She expressed gratitude and discussed the hard work in creation of the District and recommended UPRD work closely with UPCAI. She recommended the District needs a short term 3-4 year tactical and operational plan with cost effective and focused projects. She suggested the District look at all the alternatives. She wished everyone on the new Board good luck and thanked the District for the last 4 years.

Mr. Long expressed his appreciation to the Board and for their patience with him. He expressed appreciation for the County Club staff and Mr. Barnebey. He noted the Board is blessed with many talented people and the new Members of the Board will contribute and the community will be blessed by hundreds of people that help throughout the Club that make it a proud community. He thanked Mr. Fetsick and Ms. Carvalho.

Mr. Ludmerer noted the Board has been through a lot and the District is putting their stake in the ground for their future.

District Manager-
Ms. Carvalho stated District Management is working on the process of amending Budgets for Fiscal Year 2020 per Statute requirements. She requested a motion from the Board to

authorize the District Chair, John Fetsick and District Management to Amend the Budget for Fiscal Year 2020 (if necessary) and proceed with including the Amended Budget on the Agenda for ratification at the next Board Meeting.

Mr. Ludmerer explained if the line items go over a 10% threshold then the Budget needs to be amended to balance the books and is required as part of the Audit each year.

ON MOTION by Mr. Ludmerer, seconded by Mr. Long, with all in favor, the Board to authorize District Chair along with District Management and Mr. Fetsick to finalize an Amended Budget FY 2020 (if necessary) and proceed with including the Amended Budget on the Agenda for ratification at the next Board Meeting.

SIXTH ORDER OF BUSINESS	Adjournment

Mr. Ludmerer requested a motion to adjourn the meeting at 3:33 p.m.

ON MOTION by Ms. Bertsch, seconded by Mr. Long, with all in favor, the Friday, November 13, 2020 Board of Supervisors’ Meeting for University Park Recreation District was adjourned 3:33PM.

Secretary / Assistant Secretary	Chairperson / Vice Chairperson

University Park Recreation District

Consideration of the Minutes of the December 8, 2020 Election Meeting

MINUTES OF ELECTION MEETING
University Park Recreation District Tuesday, December 8, 2020 Lakeside Room
7671 The Park Blvd, University Park, FL 34201 9:00 A.M

Deborah Van Brunt, Election Volunteer Chair, introduced everyone in the Lakeside Room and their affiliation.

Mark Barnebey	District Counsel- Blalock Walters Attorneys At Law
Vivian Carvalho	District Manager- PFM Group Consulting LLC
Venessa Ripoll	Assistant District Manager- PFM Group Consulting LLC
Thomas Cramer	Suplee, Shea & Rocklein, P.A.
Kriste Wang	Suplee, Shea & Rocklein, P.A.

Linda Chenoweth	Election Volunteer
Paul Gibson	Election Volunteer Group
Arlene Irons	Election Volunteer
Elaine Kulbako	Election Volunteer Group
Norma Larkin	Election Volunteer
Ronni Loundy	Election Volunteer
Bruce Mantia	Election Volunteer Group- Via speaker phone
Phyllis Myers	Election Volunteer
Lori Salzman	Election Volunteer
Marjorie Sayer	Election Volunteer
Barbara Romig	Election Volunteer

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The meeting was called to order at 9:00 a.m. by Deborah Van Brunt. She proceeded with introducing everyone outlined above.

Ms. Van Brunt stated that today we are electing 5 Board of Supervisors for the University Park Recreation District. The three candidates with the highest numb er of votes will be serving 4-year terms and the next two highest votes will be serving 2-year terms. Ms. Van Brunt stated that today, only Thomas Cramer and Kriste Wang with Suplee, Shea & Rocklein, P.A. will be counting the votes and obtaining the votes from the ballot box. Ms. Van Brunt took time to thank all of the candidates for running and taking on a serious commitment willing to serve on the Board of

Supervisors for University Park Recreation District. She also Thanked the Election Volunteer Group and Volunteers for assisting with the Election Meeting. She stated they will close the acceptance of ballots and proxies at noon today. The meeting will be recessed at that time for counting of ballots and reconvene at 1:00PM.

Ms. Van Brunt motioned to recess the Election Meeting at 9:17PM. Ms. Van Brunt motioned to reconvene the Election Meeting at 1:00 PM
SECOND ORDER OF BUSINESS	ANNOUNCEMENT OF ELECTIONS

Ms. Van Brunt stated that on December 7, 2020 at midnight, Vote-now had received a total of 1,027 by mail and electronic votes. Of those votes, approximately 60% were electronic votes and 40% were paper mail votes. She stated today, December 8, 2020 there were a total of 64 additional votes cast. Some of those were via proxy and or ballot from today. The total of ballots cast from Vote-now and today were 1,091 votes. The results were as follows:

The top 3 candidates will receive the 4-year terms:
James Case- 4 Year Term- Expires 2024
Steve Ludmerer- 4 Year Term- Expires 2024
Sally Dickson- 4 Year Term- Expires 2024

The next 2 candidates will receive the 2-year terms:
Bill DiPaolo- 2 Year Term- Expires 2022
Karen Pagano- 2 Year Term- Expires 2022

Ms. Van Brunt noted that the vote details are public information and you are welcomed to request the information from the District Manager. She Thanked everyone and introduced Mark Barnebey- District Counsel to speak to the Newly Elected Board of Supervisors.

Mr. Barnebey first thanked the prior Board for the great job they did while serving on the Board for University Park Recreation District. He wanted to remind all the Newly Elected Board of Supervisors that they are now subject to Florida State Law and subject to Florida Sunshine Law. He further explained that he will be in contact with each Newly Elected Supervisor to go over the Sunshine Law in greater detail. He also stated if any of the Newly Elected Board of Supervisors receives an email regarding University Park Recreation District, the communications are subject to public records and he recommends the Newly Elected Board of Supervisors to send them to District Staff.

THIRD ORDER OF BUSINESS	Adjournment

There was no further business to come before the University Park Recreation District Election Meeting and Ms. Van Brunt adjourned the Meeting at 1:05PM.

Secretary / Assistant Secretary	Chairperson / Vice Chairperson

University Park Recreation District

Consideration of Resolution 2021-02, Ratifying the Results of the Second Election Meeting

RESOLUTION 2021-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 418.21, FLORIDA STATUTES AND MANATEE COUNTY ORDINANCE 18-29, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the University Park Recreation District (hereinafter the “District”), is a local unit of special-purpose government created and existing pursuant to Section 418.21, Florida Statutes and Manatee County Ordinance 18-29, being situated entirely within Manatee, Florida; and

WHEREAS, pursuant to Section 418.21, Florida Statutes and Manatee County Ordinance 18-29, a meeting is required to be held within 90 days of the District’s creation and every two years following the creation of the District for the purpose of electing supervisors of the District; and

WHEREAS, such election meeting was held on December 8, 2020, at which the below recited persons were duly elected by virtue of the votes cast in his/her favor; and

WHEREAS, the Board of Supervisors of the District, by means of this Resolution, desire to canvas the votes and declare and certify the results of said election.

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT:

Section 1. The following person is found, certified, and declared to have been duly elected as Supervisor of and for the District, having been elected by the votes cast in their favor as shown:

James Case	Votes 865

Steve Ludmerer	Votes 760

Sally Dickson	Votes 657

Bill DiPaolo	Votes 653

Karen Pagano	Votes 642

Section 2. In accordance with Section 418.21, Florida Statutes, and by virtue of the number of votes cast for the Supervisor, the above-named person is declared to have been elected for the following term of office:

James Case	4 Year Term   Seat 1

Steve Ludmerer	4 Year Term   Seat 5

Sally Dickson	4 Year Term   Seat 3

Bill DiPaolo	2 Year Term	Seat 2

Karen Pagano	2 Year Term	Seat 4

Section 3. This resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 11TH DAY OF DECEMBER, 2020.

Attest:	UNIVERSITY PARK
RECREATION DISTRICT

Secretary/Assistant Secretary	Chairman

University Park Recreation District

Consideration of Resolution 2021-03, Appointing District Officers Position

RESOLUTION 2021-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT ELECTING THE OFFICERS OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the University Park Recreation District (“District”) is a local unit of special- purpose government created and existing pursuant to Chapter 418, Florida Statutes, being situated entirely within Manatee County, Florida; and

WHEREAS, pursuant to Chapter 418, Florida Statutes, the Board of Supervisors (“Board”), shall organize by electing one of its members as Chair and by electing a Secretary, and such other officers as the Board may deem necessary.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT:

DISTRICT OFFICERS. The District officers are as follows:

 	 is appointed Chairperson.
 	 is appointed Vice-Chairperson.
 	 is appointed as 2nd Vice Chairperson
 	 is appointed Secretary.
 	 is appointed Assistant Secretary.
 	 is appointed Assistant Secretary.
 	 is appointed Assistant Secretary.
 	 is appointed Assistant Secretary.
 	 is appointed Assistant Secretary.
 	 is appointed Treasurer.
 	 is appointed Assistant Treasurer.

CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.

EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 	day of 	, 2020.

Attest:	UNIVERSITY PARK RECREATION
DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

University Park Recreation District

Update of the Master Planner and Contract

FAWLEY‐BRYANT.COM

December 10, 2020

Ms. Laurie Evans, General Manager University Park Country Club
7671 The Park Blvd University Park, FL 34201

Re: Architectural Proposal: University Park Country Club Master Plan Dear Ms. Evans,
Fawley Bryant Architecture (“FBA”) is pleased to present this proposal for creation of a Master Plan for the University Park Country Club (“Owner”), located at 7671 The Park Blvd, University Park, FL 34201. Our understanding of the project, scope of work, and compensation are defined below.

SCOPE OF PROFESSIONAL SERVICES
The objective of the professional services outlined in this proposal include the analysis of the existing program at the University Park Country Club and provisions for a master plan program to include altered or additional program elements to be included in the redesign of the Club’s campus.

FBA, working with Kimley-Horn and Associates (“KHA”), will work with the Owner to create an overall master plan document to serve as an outline for projects to be completed at the club to achieve a final master plan that encompasses the vision of the University Park Country Club Board and members. Initial investigation into the master plan aims to include addition of parking spaces, reallocation of existing program into new spaces, addition of a casual dining component with outdoor seating, improved outdoor recreation areas, addition of new sporting facilities and relocation of the golf pro shop for better user experience. The subsequent fact finding and programming may lead to the inclusion of further discoveries for new program to be added.

This master plan will include the study of existing space plan to assess the general space conditions and proposed space plan modification to meet each department needs and vision of the University Park Country Club. The scope of services and phases are as follows:

PROGRAMMING, FACT FINDING AND EXISTING CONDITIONS
FBA, in coordination with KHA, will work closely with the Owner to review available as-built documentation to better understand the existing building, program, and site conditions. Data collection and review to include summaries and full reports from previously conducted University Park member and resident surveys and University Park Country Club Focus Groups conducted by its Strategic Planning Group. University Park Country Club to provide this documentation via a Dropbox account established by Fawley Bryant. This initial phase will also include an on-site review by FBA and KHA of existing above ground conditions, as well as a certified arborist review of the existing landscape, site documentation and existing conditions notes and identification of opportunities and constraints. KHA will conduct a limited assessment of current trends and comparable facilities in the marketplace. A report summarizing the findings of this phase will be created and used to guide the creation of program document. FBA and KHA will work with the Owner to create the program document to include all projects, with priority assigned to those to be implemented immediately.

CONCEPTUAL PLANNING
The next phase of work will include the development of two (2) preliminary concept master plan alternatives to be developed with supplemented information by KHA and based on the programming document created in the previous phase. Proposed design elements depicted in the concept plan alternatives are anticipated to include the following:
All existing conditions to remain
Location and massing of proposed buildings
Vehicular and pedestrian circulation
Parking
Hardscape improvements
Additional tennis and pickleball facilities
Outdoor amenities
Conceptual stormwater management system modifications
Tree canopy and landscape massing

FBA and KHA to conduct phasing and priority development and work with the Owner to develop and prioritize a list of capital improvement projects based on the findings of the previous data collection phase and the concept master plan alternatives.

The proposed conceptual master plan alternatives will be compiled into an electronic PDF format and delivered to the Owner for review and comment. These comments will be reviewed with the design team and incorporated into the final master plan documents.

DESIGN OPTIONS AND COMMUNITY ENGAGEMT
Based on comments received and reviewed by the Owner, FBA and KHA will refine the concept master plan documents and models and prepare a presentation to the membership (format TBD). Comments received by membership via online survey distributed by the University Park Country Club Board will be reviewed with FBA to determine incorporation into the final master plan documents.

FINAL MASTER PLAN
In this phase, FBA and KHA will incorporate feedback obtained in all previous phases into a final master plan document. This final document will include the following:
Proposed site plan with program and environmental considerations identified
Identification of timing/phasing for each project
Preliminary concept plans identifying major program elements within the existing and proposed buildings
(10) still renderings highlighting key components
(1) video animation fly-through of the exterior spaces
(4) panorama renderings utilizing augmented reality technology for viewing on computer or mobile devices
Opinion of Probable Construction Cost (OPCC) for capital improvement projects Final master plan will be revised up to one (1) time based on Owner input.

The final deliverable for this phase will include the following:
Master Plan booklet in electronic PDF format
3D representations in electronic JPG or PDF format
Presentation Boards of Final Master Plan in hardcopy and Electronic PDF format
Video animation in electronic .mp4 format

The architectural design services shall include site planning, preliminary building design and architectural renderings. These preliminary design services are included for development of a revised site plan, conceptual space floor plans to allocate program, renderings, video animation, and augmented reality panoramic renderings.

The creation of an OPCC for capital Improvement projects will be based on projects identified in the phasing and priority assessment. FBA and KHA do not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market condition. Any opinions rendered as to cost, including but not limited to opinions as to the cost of construction and materials, shall be made on the basis of experience and represent judgement as experienced and qualified professionals familiar with the industry.

Structural engineering, mechanical, electrical and plumbing engineering services are not included.

At the conclusion of these initial services FBA can proceed with implementing this project and can then provide those full range of architecture, interior design, engineering and FFE procurement services to finalize the design, produce the construction documents and assist with the construction of the project at that time and under a separate proposal and contract.

SCHEDULE
FBA will approach this project with a 90 day schedule, beginning at the time of an approved proposal. This initial 30 days will begin with data and information gathering, the following 30 days will include the design and production of the conceptual design, and the final 30 days will focus on refinement of the master plan and accompanying presentations.

COMPENSATION
Fawley Bryant proposes to provide the services outlined above for the following fee:

Architecture and Design Services (Fawley Bryant)	$	37,000.00	
Civil/ Landscape Architecture Services (Kimley-Horn)	$	27,500.00	
TOTAL	$	64,500.00	

The calculation of this fee was based both on our estimation of time required to complete the scope of services, and our experience with other projects of this type. The fee will be billed monthly, on or around the 25th of each month based on an estimate of the percentage of work completed.

QUALIFICATIONS

Additional scope not outlined above, including additional meetings will be billed under a separate agreement.

If you approve the scope of services, schedule, and compensation outlined above, please sign below and return a signed copy for our records, as authorization to proceed.

The attached Hourly Rates, Terms and Conditions, Reimbursables, and Terms of the RFP are incorporated into this agreement by reference.

Name and Title	Date

Thank you again for this opportunity. We look forward to working with you. Sincerely,

Steve Padgett, AIA, NCARB, LEED AP Principal, Managing Partner

Enclosure :Hourly Rates, Terms & Conditions, Reimbursables, RFP, Kimley-Horn & Associates Proposal

2020 HOURLY RATE SCHEDULE

PROJECT ROLE	HOURLY RATE	
PRINCIPAL ARCHITECT	$180.00	
SENIOR PROJECT ARCHITECT	$150.00	
PROJECT MANAGER	$140.00	
INTERIOR DESIGN PROJECT MANAGER	$140.00	
ARCHITECT	$130.00	
SENIOR INTERIOR DESIGNER	$130.00	
PROJECT DESIGNER	$110.00	
GRADUATE ARCHITECT	$110.00	
INTERIOR DESIGNER	$110.00	
SENIOR B.I.M. TECHNICIAN	$100.00	
B.I.M. TECHNICIAN	$90.00	
ADMINISTRATIVE STAFF	$60.00	
INTERN TECHNICIAN/DRAFTING	$80.00	
CONSTRUCTION ADMINISTRATOR	$130.00	
INTERN INTERIOR DESIGNER	$90.00	

TERMS & CONDITIONS

DUE CARE
Services provided by Fawley Bryant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Upon notice to Fawley Bryant and by mutual agreement between parties, Fawley Bryant will correct those services not meeting such a standard without compensation.

BILLING/PAYMENTS
Invoices for Fawley Bryant’s services shall be submitted monthly, on or around the 25th of each month based on an estimate of the percentage of work completed with a maximum contract price of $64,500.00. Invoices shall be paid and any disputes over billing shall be resolved as set forth in the Florida Local Government Prompt Payment Act.

LATE PAYMENT
Accounts unpaid after the invoice due date shall be subject to a monthly service charge of 1.5% per month on the then unpaid balance. In the event any portion or all of an account remains unpaid 30 days after billing, the Client shall pay all costs of collection.

CERTIFICATIONS
Fawley Bryant shall not be required to execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions Fawley Bryant cannot ascertain.

LIMITATION OF LIABILITY
In recognition of the relative risks, rewards and benefits of the project to both the Client and Fawley Bryant, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Fawley Bryant’s total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the fee. Such causes include, but are limited to, Fawley Bryant’s negligence, errors, omissions, strict liability, and breach of contract.

TERMINATION OF SERVICES
This agreement may be terminated by the Client or Fawley Bryant should one or the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay Fawley Bryant for all services rendered to the date of termination, all reimbursable expenses, and termination expenses.

DISPUTE RESOLUTION
Any claims or disputes made during design, construction or post‐construction, between the Client and Fawley Bryant shall be submitted to non‐binding mediation. Client and Fawley Bryant agree to include a similar mediation agreement with the owner, contractors, subcontractors, subconsultants, supplier and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Any litigation filed related to this Agreement shall be filed in the courts in and for Manatee County, Florida.

ATTORNEY’S FEES
In the event of litigation involving the collection of any sum due on this agreement, the prevailing party shall be entitled to an award of attorney’s fees and costs at the trial and appellate levels.

PROJECT CREDIT
The parties agree that any design awards, publicity, papers, publications, reports or any other project‐related information shall be credited to Fawley Bryant.

OWNERSHIP OF DOCUMENTS
FBA and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use of the project. If the Owner and FBA intend to transmit Instruments of Service to meet official regulatory requirements or for similar information in digital form, they shall endeavor to establish necessary protocols governing such transmissions. “Instruments of Service” means the drawings, specifications, and other documents and information expressing the project, whether in form, function, concept, or otherwise, produced by FBA or its subcontractors.
FBA shall be deemed to be the authors and owners of their Instruments of Service, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of the Instruments of Service to meet official regulatory requirements, to comply with the requirements of the Florida Public Records Act, or for similar purposes in connection with the project is not to be construed as publication in derogation of the reserved rights of FBA.
However, upon execution of this agreement, FBA grants to the Owner a perpetual, nonexclusive license to use FBA’s Instrument of Service solely and exclusively for the purposes of planning, constructing, using, maintaining, altering and adding to the project, provided that the Owner substantially preforms its obligations under this agreement.   FBA shall obtain similar nonexclusive licenses from FBA’s consultants consistent with this agreement. The license granted under this agreement permits the Owner to authorize a contractor, subcontractor, and material and equipment suppliers, as well as the Owner’s consultants, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction of structures related to the project.
Except for the licenses granted in this agreement, no other license shall be deemed granted or implied under this agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to any other party without the written consent of FBA. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to FBA and FBA’s consultants.
NON‐ASSIGNMENT OF AGREEMENT
This Agreement may not be assigned by either party without the written consent of the other party to the Agreement.

ADDITIONAL SERVICES
Additional services will be provided if authorized in writing by the Client. Compensation shall be in accordance with the attached rate schedule.

CHANGES TO AGREEMENT
Any changes made to this Agreement must be initialed by Fawley Bryant and Client.

INCLUSION OF AGREEMENT
If the Client chooses to utilize another form of agreement, this Agreement shall be included as an exhibit and in the event of any conflict, this Agreement shall take precedence.

FINANCING/CONTIGENCY
The Owner also agrees to be able to provide adequate financing for the stipulated contract with the Architect. The Owner and the Design Professional acknowledges that changes may be required because of possible omissions, ambiguities or inconsistencies in the plans and specifications and, therefore, that the costs of the project may exceed the construction contract sum. The Owner agrees to set aside a reserve in the amount of five percent (5%) of the actual project construction costs as a contingency.

Public Records.
The Contractor shall comply with Florida public records laws, including specifically:

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

Upon request from the District’s custodian 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 this chapter or as otherwise provided by law.

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to the District.

Upon completion of the contract, transfer, at no cost to the District, all public records in possession of Contractor or keep and maintain public records required by the District to perform the service. If Contractor transfers all public records to the District upon completion of the contract, Contractor shall destroy any duplicate public records that are exempt and confidential and exempt from public record disclosure
requirements. If Contractor keeps and maintains public records upon completion of the contact, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically shall be provided to the District, upon request from the District’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT VIVIAN CARVALHO AT (407) 723‐5901,
carvalhov@pfm.com WHOSE MAILING ADDRESS IS PFM Group Consulting, LLC, 12051 Corporate Blvd., Orlando, Florida 32815.
E‐Verify
The Contractor shall comply with the requirements of Section 448.095, Florida Statutes. Further, if Contractor utilizes a subcontractor, the Contractor shall require the subcontractor to comply with the requirements of Section 448.095, Florida Statutes.”

TERMS OF PROPOSAL
This proposal becomes null and void if not executed within thirty (30) days of proposal date.

TERMS & CONDITIONS

REIMBURSABLE EXPENSES

Reimbursable expenses are in addition to the fees set forth herein. Reimbursable expenses included, but are not limited to items, such as mileage, airfare, lodging, food, transportation reproductions, printing, etc., requested by the client and are required in the interest of the project.	Such expenses shall be reimbursed at cost with the following exceptions: Food expenses shall be limited to state recognized per diem expenses related to
travel. The standard mileage rate is limited to the standard mileage rates for the use of a car, van, pickup or panel truck as adopted by the State of Florida.”

December 8, 2020

Mr. John Scott
Fawley Bryant Architects, Inc.
5391 Lakewood Ranch Blvd. N, Suite 300 Sarasota FL 34240

Re:	Professional Services Agreement for University Park Country Club, University Park, FL

Dear Mr. Scott:
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to Fawley Bryant Architects, Inc (“Client” or “Architect”) for providing professional master planning services for the University Park Country Club (“Owner”) in University Park, FL.

Project Understanding
The Owner is seeking professional consulting services associated with master planning of recreational facilities at the University Park Country Club, located in University Park, FL. Our understanding of the project for the scope of services in this agreement are based upon the following assumptions:
The project area consists of portions of two parcels totaling approximately 20.5 acres in size located at 7671 The Park Blvd. University Park, FL 34201 and consisting of PID #1919900909 and portions of PID #1919900269 associated with recreational amenities including entry, parking, country club structures, tennis center, golf practice areas and surrounding landscaping.
The Owner wishes to develop a long-range master plan forthe country club and associated facilities and amenities in order to identify and prioritize future capital improvements projects.
No inventory, analysis, or proposed improvements to the existing golf course is anticipated as part of the master planning process.
No engineering or construction document development are included , however may be provided as an additional service.
No permitting services are included, however may be provided as an additional service.

Based on the above information, we have prepared the following Scope of Services:
Scope of Services
Kimley-Horn will provide the services specifically set forth below. TASK I – DATA COLLECTION AND EXISTING CONDITIONS STUDY
In this task, Kimley-Horn will collect and analyze data associated with the site and surrounding areas to assist in design development of the proposed master plan for the University Park County Club. As part of this task Kimley-Horn will:
Conduct data collection and an existing conditions review consisting of:

One (1) on-site field review with the Architect and Owner to review existing above ground conditions and areas of opportunity. It is assumed that the site visit will occur on one (1) day and will be attended by two (2) Kimley-Horn professionals.
A review of readily available previous studies, planning documents, and permits.
A review of available as-built information as provided by the Owner.
A review of results of public input gathering as provided by the Owner.
	Eight (8) hours will be dedicated to the assessment of current industry trends and comparable facilities in the market.
Deliverables:
Report summarizing findings of Task I in electronic .PDF format.

TASK II – CONCEPTUAL MASTER PLAN DEVELOPMENT
In this Task, Kimley-Horn will utilize data and findings collected in Task I in the development of master plan alternatives and a draft master plan document. As part of this task Kimley-Horn will:
Create an Opportunities and Constrains map identifying existing conditions, site context, and opportunities/constraints related to the site based on findings in Task I above. Written and visual findings of this task will be incorporated into the Draft Master Plan Document as outlined in Task
II.C below.
Prepare two (2) Concept Master Plan Alternatives. Proposed design elements depicted in Concept Master Plan Alternatives are anticipated to include:
All existing facilities to remain.
Location and massing of proposed buildings.
Vehicular and pedestrian circulation.
Parking.
Hardscape improvements.
Additional tennis and pickleball facilities.
Outdoor amenities.
Conceptual Stormwater Management System Modifications.
Tree canopy and landscape massing
Concept Master Plan Alternatives will be incorporated into the Draft Master Plan Document as outlined in Task II.C below. Comments received on the Concept Master Plan Alternatives will be incorporated into the Final Master Plan prepared in Task III.
Conduct Phasing and Priority Development. Kimley-Horn and the Architect will work with the Client to develop and prioritize a list of capital improvements projects based on the findings of Task I and Concept Master Plan Alternatives.
Prepare a Draft Master Plan Booklet. The Draft Master Plan Booklet is anticipated to consist of a written and graphic summary of existing conditions, findings from Task I report, opportunities and

constraints map and findings, concept master plan alternatives, and initial phasing and priority assessment.
Deliverables:
Draft Master Plan Booklet in electronic .PDF format.
Draft Digital Presentation in electronic .PDF format.
Draft Presentation Boards of two (2) Concept Plan Alternatives in hardcopy and electronic .PDF format.

TASK III – FINAL MASTER PLAN
In this task, Kimley-Horn will incorporate feedback obtained in Task II above for incorporation into the final master plan deliverables. As part of this task Kimley-Horn will:
Prepare a Final Master Plan incorporating comments received during Task II. Final Master Plan will be revised up to one (1) time based on Owner input.
Develop a 3D digital illustrative model of the Final Master Plan design. This model will highlight key components and views to express the proposed design in 3 -Dimensional form. 3D models for existing and proposed buildings shall be provided to Kimley-Horn in .SKP or .3Ds format by the Architect for incorporation into the final 3D model developed by Kimley-Horn. This model will assist the design team in finalizing the design of the master plan and will be available for use as a marketing tool for the client.
Kimley-Horn will submit up to six (6) static perspective views of the 3D model in .JPEG or .PDF format. Kimley-Horn will revise and resubmit one (1) time to incorporate Owner input and comments.
Prepare an Opinion of Probable Construction Cost (OPCC) for capital improvement projects identified in the Phasing and Priority Assessment Workshop in Task II.C. Kimley-Horn does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry.
The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost.
Prepare a Final Master Plan Booklet incorporating comments received during Task II and items prepared in Tasks III.A – III.C above.
Deliverables:
Master Plan Booklet in electronic .PDF format.
Digital Presentation in electronic .PDF format.
3D digital representations in electronic .JPG or .PDF format.
Presentation Boards of Final Master Plan in hardcopy and electronic .PDF format.

TASK IV – MEETINGS AND COORDINATION
Kimley-Horn will provide up to fifty (50) hours of meetings and coordination in support of the proje ct. Services we may provide include, but are not limited to, the following:

Attend one (1) project kickoff meeting with up to two (2) Kimley-Horn professionals.
Facilitate a series of stakeholder meetings and input sessions. The meetings and input sessions will be attended by two (2) Kimley-Horn professionals and are anticipated to consist of:
Owner and Stakeholder Interview Sessions. The Owner will be responsible for scheduling the appropriate stakeholders, it is assumed that the meetings are to be conducted over one
(1) day and are anticipated to be up to four hours.
Priority Development Session. The Owner will be responsible for scheduling the appropriate stakeholders, it is assumed that the session is to be conducted over one (1) day and is anticipated be up to four hours.
Attend one (1) meeting or presentation with Architect and Owner to present findings of Task II items as outlined above.
Attend one (1) meeting or presentation with Architect and Owner to present Final Master Plan and Master Plan Booklet.
Teleconferences / meetings with the Client and/or Project Team .

Additional Services
Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates or for a pre-negotiated fee. Additional services we can provide include, but are not limited to, the following:
Additional meetings beyond those listed in Task IV above ;
Graphic renderings including three-dimensional imaging beyond that listed in the scope of services;
Civil engineering design;
CAD base files;
Open space calculations;
Utility design;
Landscape / Irrigation design;
Permitting Services;
Stormwater calculations;
Off-site Improvements;
Site visits or meetings beyond those listed above;
Revisions beyond those listed above;
Detailed Opinions of Probable Construction Costs (OPCC);
Value Engineering (VE) Services.

Information Provided By Client
Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following:
The Client shall provide any survey inform ation available, preferably in electronic AutoCAD format.
The Client shall furnish any original site plans, as-builts or record drawings that can be used as reference.
Kimley-Horn assumes all information provided by the Client can be relied upon in the performance of professional services in accordance with the requirements of 62B-33 F.A.C.
COVID-19
Due to the everchanging circumstances surrounding the COVID -19 Virus, situations may arise during the performance of this Agreement that affect availability of resources and staff of Kimley-Horn, the Client, other consultants, and public agencies. There could be changes in anticipated delivery times, jurisdictional approvals, and project costs. Kimley-Horn will exercise reasonable efforts to overcome the chall enges presented by current circumstances, but Kimley-Horn will not be liable to Client for any delays, expenses, losses, or damages of any kind arising out of the impact of the COVID -19 Virus.

Fee and Expenses

Kimley-Horn will perform the services in Tasks I-IV for the lump sum fee of $27,500 as outlined below. Individual task amounts are informational only. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. All permitting, application, and similar project fees will be paid directly by the Client.

TASK	DESCRIPTION	FEE	
I	DATA COLLECTION AND EXISTING CONDITIONS STUDY	$5,000	
II	CONCEPTUAL MASTER PLAN DEVELOPMENT	$7,000	
III	FINAL MASTER PLAN	$8,500	
IV	MEETINGS AND COORDINATION	$7,000	
TOTAL LUMP SUM FEE FOR TASKS I-IV	$27,500	

Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number.

Closure
In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to Fawley Bryant Architects, Inc.

Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information:

____ Please email all invoices to ______ 	  

____ Please copy ________ 	_ 	_ 	_ 	_ 	_ 	__

If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter.

To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project.
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours,

KIMLEY-HORN AND ASSOCIATES, INC.
Christopher D. Cianfaglione, PLA	James R. Pankonin, PLA
Associate	Assistant Secretary

CDC/JRP/ba (G:\Marketing\Propose\Fawley Bryant\University Park Rec Area\AGR-Fawley Bryant-University Park Rec Area-Approved by KH_12082020.docx)
Attachments – Standard Provisions, Request for Information Agreed to this ______ of ____	 , 2020
FAWLEY BRYANT ARCHITECTS, INC.

By:	______________________________________

______________________________________ Please Type/Print Name and Title

Attest: ______________________________________

______________________________________ Please Type/Print Name and Title

Request for Information
Please return this information with your signed contract; failure to provide this information could result in delay in starting your project

Client Identification
Full, Legal Name of Client		
Mailing Address for Invoices		
Contact for Billing Inquiries		
Contact’s Phone and e-mail		
Client is (check one)	Owner		Agent for Owner		Unrelated to
Owner		

Property Identification
	Parcel 1	Parcel 2	Parcel 3	Parcel 4	
Street Address					
County in which
Property is Located					
Tax Assessor’s
Number(s)					

Property Owner Identification
	Owner 1	Owner 2	Owner 3	Owner 4	
Owner(s) Name					
Owner(s) Mailing Address					
Owner’s Phone No.					
Owner of Which
Parcel #?					

Project Funding Identification – List Funding Sources for the Project

	

Attach additional sheets if there are more than 4 parcels or more than 4 owners.

KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS
Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant’s then-current hourly rates plus an amount to cover certain direct expen ses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost.

Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall:
Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions.
Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction.
Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon.
Arrange for access to the site and other property as required for the Consultant to provide its services.
Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant.
Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary.
Obtain any independent accounting, legal, insurance, cost estimating and feasibility services required by Client. (h) Give prompt written notice to the Consultant whenever the Client bec omes aware of any development that affects the Consultant's services or any defect or noncompliance in any aspect of the project.

Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant’s compensation shall be renegotiated.

Method of Payment. Client shall pay Consultant as follows:
Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid.
If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant’s invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment.
If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client’s objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due within 25 days of receipt.
If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees.
The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words “in full satisfaction” or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Cons ultant to collect additional amounts from the Client.

Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant’s

documents, or any reuse of the documents without written authorization by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant’s electronic files and source code remain the property of the Consultant and shall be provided to the Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client, and use of them is at the Client’s sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardc opy of the documents prepared by the Consultant, the hardcopy shall govern.

Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot an d does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services.

Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the even t of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days’ written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination.

Standard of Care. The standard of care applicable to Consultant’s services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client.

LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section 9 is intended solely to limit the remedies available to the Client or those claiming by o r through the Client, and nothing in this Section 9 shall require the Client to indemnify the Consultant.

Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits.

Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of c ontractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client’s decision to obtain bids or proceed with construction before the Consultant has issued final , fully-approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained.

Certifications. The Consultant shall not be required to execute certifications or third-party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility.

Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation.

Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for

isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated.

Construction Phase Services.
If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto.
The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the p urpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor’s failure to perform its work in accordance with the contract documents.
The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor’s general liability insurance policy.

No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in -house employees, contract employees, or independent subconsultants.

Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material.

Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non - enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement.
PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT.

Update of the Owners Outstanding Assessments

Consideration of Resolution 2021-05, Updating Registered Agent

RESOLUTION 2021-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF UNIVERSITY PARK RECREATION DISTRICT DESIGNATING A REGISTERED AGENT AND REGISTERED OFFICE OF THE DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, University Park Recreation District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 418, Florida Statutes, and Manatee County Ordinance 18-29, being situated entirely within Manatee County, Florida; and

WHEREAS, the District is statutorily required to designate a registered agent and a registered office location for the purposes of accepting any process, notice, or demand required or permitting by law to be served upon the District in accordance with Section 189.014(1), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF UNIVERSITY PARK RECREATION DISTRICT:

Section 1. Vivian Carvalho is hereby designated as Registered Agent for the University Park Recreation District.

Section 2. The District's Registered Office shall be located at 12051 Corporate Boulevard, Orlando, Florida 32817.
Section 3. In accordance with Section 189.014, Florida Statutes, the District’s Secretary is hereby directed to file certified copies of this resolution with Manatee County and the Florida Department of Economic Opportunity.

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

PASSED AND ADOPTED 11TH DAY OF DECEMBER, 2020.

ATTEST:	UNIVERSITY PARK
RECREATION DISTRICT

Secretary/Assistant Secretary	Chairman

University Park Recreation District

District Manager

Confirm Workshop Meeting 12/29/20
Series 2019 Bonds Update

December 8, 2020

University Park Recreation District Board of Supervisors
12051 Corporate Blvd.
Orlando, Florida 32817

Subject: Update on Non-Ad Valorem Assessment Bonds, Series 2019

Dear Board of Supervisors:

As Financial Advisor to University Park Recreation District (the “District”), we are pleased to provide an update on the District’s Non-Ad Valorem Assessment Bonds, Series 2019 (the “Series 2019 Bonds”).

Background
The Series 2019 Bonds were issued on November 21, 2019. Due to the compressed time frame for issuance and the uncertainty of the potential credit rating outcome for a newly formed recreation district, the Board agreed with our recommendation to forgo an underlying credit rating on the Series 2019 Bonds. We further recommended the Board pursue a bond insurance policy which would enable the Series 2019 Bonds to achieve a “AA” credit rating from Standard & Poors (“S&P”) and significantly reduce the total interest expense compared to an unrated issue. The Board concurred and we were able to obtain an attractive bid for bond insurance, with a unique pricing formula, from Build America Mutual (“BAM”) on behalf of the District.

Under the terms of the insurance commitment from BAM, the amount of the bond insurance premium was capped at $498,714.72 and could be reduced depending on the “capital charge” assigned to the Series 2019 Bonds subsequent to closing. To protect the District, the 2019 Bonds were sized to provide funding for the maximum insurance premium. However, we and the District’s Bond Counsel structured the documents such that the District owed an initial bond insurance premium of $345,264.04 at closing and would only owe the balance of the premium if the capital charge determined by S&P came in higher than we anticipated.

Update
Last Friday, BAM advised that the capital charge was determined to be at the level we anticipated and therefore, there was no additional premium due under the policy. This means the $153,450.68 of bond proceeds set aside for the incremental bond insurance premium may now be released for other District capital needs for which the Series 2019 Bonds were issued. Congratulations to the District on achieving this great result.

University Park Recreation District
December 8, 2020
Page 2

Should you have any questions, please feel free to contact me or the District’s Bond Counsel, Robert Gang with Greenberg Traurig. We appreciate the opportunity to continue serving as the District’s financial advisor.

Sincerely,

PFM Financial Advisors LLC
D. Brent Wilder Managing Director

cc:	Vivian Carvaljo, PFM Group Consulting (District Manager) Mark Barnebey, Blalock Walters P.A. (District Counsel) Robert Gang, Esq, Greenberg Traurig P.A. (Bond Counsel) Scott Schuhle, US Bank (Bond Trustee)

University Park Recreation District

General Manager Report Monthly Report
Strategic/ Master Planning Process Update

Overview
November is always a busy month and this year was no exception. Annual membership renewals, Summer membership conversions and the Thanksgiving holiday are historically the headlines in November. This year, however, we saw late season Tropical Storm Eta and another COVID-19 impacted holiday. Despite these challenges, the financial results were positive and member satisfaction and response to our coronavirus efforts continue to be well received.
The spike in COVID-19 infection rates which began in late October continued into November and in an abundance of caution, we cancelled or modified all member events. Trivia Challenge and Bingo events were cancelled and our team reimagined Thanksgiving.
The additional seating in the courtyard has helped to relieve the pressure for outdoor dining space. Dinner service on the Café has become very popular and is a trend that is likely to continue post COVID-19. Our popular TO-GO food service has seen a resurgence due to the COVID up-tick for both lunch and dinner driving total covers beyond previous year’s numbers.
Our conservative COVID-19 protocols that have served us well continue. There have been no additional COVID-19 cases in University Park to our knowledge within the past 7 days and no new staff infections. Individuals who have been exposed to COVID-19 are asked to report this to Club management who will be assisting in the notification process and contact tracing when appropriate.
Despite the Governor’s Executive Order which allows for 100% occupancy we continue to maintain a 50% occupancy limit for indoor dining and have all outdoor dining tables set 6’ apart to maintain social distancing. Our mandatory indoor mask requirement for members, guests and staff is still in place. Everyone is required to always wear masks including when traversing the dining room for any reason or entering any indoor club area including the golf and tennis pro shops and administration. To assist in our sanitation procedures, we recently added a microbial fogger to sanitize all surfaces in the restaurant, pro shops, and Fitness Centre when is it used.
Strategic Planning
Key members of the UPCC Strategic Planning group and RD legal counsel Mark Barnebey have reviewed the Master Planning Services Contract with Fawley Bryant Architecture. All requested changes have been made and the contract will be presented for Board approval at the December 11, 2020 Board Meeting. The 90-day Master Planning process will begin immediately with an anticipated Town Hall presentation of the plans during the first quarter 2021.

The Strategic/Master Planning Group continues the development of Action Plans, in key strategic areas, which will be used as a roadmap for future initiatives.
Food and Beverage
COVID-19 has changed the landscape of food and beverage service and we continue to develop and improve our product and the implementation of these new initiatives.
Thanksgiving Dinner at the Club became Thanksgiving Dinner to go with hundreds of hot, ready to eat meals distributed on Thanksgiving Day. Our popular Thanksgiving heat and eat to go service on the Wednesday before Thanksgiving doubled the previous year’s sales.
Other holidays that have been reimagined include Hanukkah, Christmas, and Breakfast with Santa. Hanukkah Dinner specials have been added to Friday Night Dining, Christmas Dinner To Go will be offered for pick-up on Christmas Eve and Breakfast with Santa has evolved into Jingle Bells and Jazz Brunch. New Year’s Eve will also have a new look.
As our operation has changed so have our expenses. Savings in linen, decorations and entertainment have been replaced with increased costs for to-go containers, additional labor, and increased cost of goods due to COVID-19.
One thing that has not changed is the quality of our product and service. Chef Roger continues to source the very best products available and our team continues to be present and engaged despite their own challenges related to the pandemic.
Membership
Summer membership conversions were strong this year and better than anticipated given the uncertainty created by COVID-19. Summer memberships continue to be our best source for new members. This year we added 15 Full, 18 Tennis, 2 Sports and 3 social members to our annual membership totals. Of note is the number of new Tennis members.
The dues relief provided to International Full, Sports and Tennis members who are unable to return to the US due to travel restrictions has been well received and appears to have had a positive impact on the potential loss of memberships due to COVID-19 and its impact on travel and medical insurance.
Projected January 1, 2021 beginning membership totals by category including all membership status changes and resignations listed below.

Full	Tennis	Sports	Social	Resident Social	Twilight Tennis	Jr. Executive	Total	
294	113	85	213	447	7	3	1162	

Memberships by category – beginning balance January 1, 2020

Full	Tennis	Sports	Social	Resident Social	Twilight Tennis	Jr. Executive	Total	
298	97	105	218	404	8	2	1132	

Staffing & Human Resources
Rico Alcala, Club Operations Director, is settling in and has been reviewing all areas of Club Operations including Food and Beverage, Golf, Tennis, Fitness, Membership and Admin. His primary focus the first 30 days has been Food and Beverage with Rico playing an important role in our successful Thanksgiving To Go efforts.
Hiring qualified candidates for open positions is an ongoing challenge exacerbated by COVID-
19. It is hard to understand a staffing shortage when unemployment rates are as high as reported.
Golf
Total golf rounds in November of 6,440 trailed behind budget of 6,905 indicative of the four- day closure due to Tropical Storm Eta. Demand for golf play remains strong with very few unsold tee times on good weather days. This reflects the outstanding conditions and reputation that University Park has in our market.
We will continue to be aggressive with our golf rates and will be increasing the morning rate in December to a new high of $110 plus tax which will be increased to $125 in February. This new rate structure keeps us competitive with our peers in the local market and will help drive

valuable golf course revenue during the busiest months of the year. It is important to note that positive variances in golf revenue will be important to offset lost revenue in Food and Beverage due to COVID-19.
Given the high demand and increased traffic with most members riding as singles in carts, we will be seeing the turf take a hit now that the weather has turned cold and the grass has stopped growing. This will be evident on the driving range and in the highest traffic areas on the golf course. To help reduce the stress to the turf on the range will be moving to mats only three days per week.

University Park Recreation District

Ratification of Payment Authorizations #35-36

11/10/2020

University Park Recreation District

Payment Authorization No. 35

Vendor

Invoice

O&M - General Fund Expenses

Description

Amount

Bradenton Herald Bradenton Herald PFM
PFM

104790312-10282020 l0479541-10292020 112310
DM-10-2020-0038

Notice of Public Metting
University Park Recreation District Accounting Services: Oct. 2020 District Management Fee: Oct. 2020

$	115.83
$	161.46
$	4,000.00
$	5,833.33

O&M - General Fund Expenses Total	$	10,110.62

Asst. Secretary/Secretary

Date	Invoice Number	
November 4, 2020	112310	
Payment Terms	Due Date	
Upon Receipt	November 4, 2020	

pfm

Company Address:

University Park Recreation District

1735 Market Street 43rd Floor Philadelphia, PA 19103
+1 (215) 567-6100

Federal Tax ID: 81-1642478

c/o PFM Group Consulting District Accounting Department
12051 Corporate Blvd
Orlando, FL 32817 United States of America

Remittance Options:
Via ACH (preferred)·

Via Wire:

Via Mail:

RE:	Accounting Services: October 2020

Professional Fees
Total Amount Due

$4,000.00
$4,000.00

1	of	1

Date	Invoice Number	
October 26, 2020	DM-10-2020-0038	
Payment Terms	Due Date	
Upon Receipt	October 26, 2020	

pfm
RECEIVED
By Amy Champagne at 8:58 am, Oct 27, 2020

Company Address:

1735 Market Street 43rd Floor
Philadelphia, PA 19103
+1 (215) 567-6100

Federal Tax ID: 81-1642478

University Park Recreation District
c/o PFM Group Consulting District Accounting Department
12051 Corporate Blvd
Orlando, FL 32817
United States of America	

Remittance Options:
�CH (preferred):
PFM Group Consulting LLC Bank Name
ACH# (ACH ):
Account#:

Bank Name ABA# (Wire):
Account#:

Yia.Mlli!;_
PFM Group Consulting LLC
PO Box 65126
Baltimore, MD 21264-5126 United States of America

RE:	District Management Fee: October 2020

Professional Fees
Total Amount Due

$5,833.33
$5,833.33

of

HERALD

BRADENTON

Bradentone com
-* MEMO INVOICE ***	Fed ID# 85-2383255
23 I  TOTAL AMOUNT DUE
$115.83
SALES REP	241	ADVERTisER INFORMATION
Advertising Dept	1  I	BILLING PERJDD	I ij I	BR.LED ACCOUNT NUMBER	I 7 I	AOVERTISER/CUENTNUMBER	121	AOvatTISERICUENTNAME

10/28/2020	I	689035
UNIVERSITY PARK RECREATION DISTRICT 12051 CORPORATE BLVD
ORLANDO, FL 32817

I	689035		I UNIVERSITY PARK RECREATION DISTRI• MAKE CHECKS PAYABLE TO
Bradenton HeraId
Bradenton Herald-Advertising PO Box 51129
Livonia, Ml 48151

Billing: Contact Sales Rep. Credit: Email ssccreditandcollections@mcclatchy.com
Payment is due upon receipt.	5al™

NEWSPAPER REFERENCE

13
DESCRIPTION	PRODUCT

16
SAU SIZE	UNITS	RUN	RATE	AMOUNT

10/28 10/28	0004790312

10/28 10/28	0004790312

NOTICE OF PUBLIC MEETING UNIVERSI" Bradenton Herald

NOTICE OF PUBLIC MEETING UNIVERSI" Bradenton Herald.com

1 x99 L	99
1 X 99 L	99

$1.17	$115.83

-----

$0.00	$0.00
Invoice Total	$115.83

RECEIVED NOV O 2 2020

THIS IS A MEMO INVOICE AND MAY OR MAY NO T REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE.

BRADENTON
HERALD
Bradenton�com
Bradenton Herald-Advertising PO Box 51129
Livonia, Ml 48151

*** MEMO INVOICE ***

Bradenton Herald
Bradenton Herald-Advertising PO Box 51129
Livonia, Ml 48151

' I
23 I

PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE
BILUNO PERICO	2 I	ADVERTISER/CLIENT NAME
10/28/2020	UNIVERSITY PARK RECREATION DISTRICT
TOTAL AMOUNT DUE	' I	Tl'RMS OF PAYMENT
$115.83	Upon Receipt

' I   PAGE#	s I	BILUNG DATE
1	10/28/2020
111	N!WSPAPER REFERENCE
0004790312
s I	BILLED ACCOUNT NUMBER
689035
7 I	. AO\lltflTISEII/CU!NT NUMB�R
689035

*** MEMO INVOICE ***

SALES REP	2• I

HBREADREANTLODN
Bradenton, com

ADVERTISER INFORMATION

Fed ID# 85-2383255
23I  TOTAL AMOUNT DUE
$161.46

Advertising Dept	1  I	BILUNG PERIOD	I • I	BILLED ACCOUNT NUMBER	171	AOIIERllBERH:IJEtlTNUMDER	I 2 I	�DVERTISER/c:UENTHAIIE

10/29/2020	I	689035

UNIVERSITY PARK RECREATION DISTRICT 12051 CORPORATE BLVD
ORLANDO, FL32817

I	689035		I UNIVERSITY PARK RECREATION DISTRI· MAKE CHECKS PAYABLE TO
Bradenton Herald
Bradenton Herald-Advertising POBox51129
Livonia, Ml 48151
Billing: Contact Sales Rep. Credit: Email ssccreditandcollections@mcclatchy.com

NEWSPAPER	12 •• REFERENCE

13
DESCRIPTION	PRODUCT

Payment is due upon receipt.

tS
SAU SIZE	UNITS	RUN	RATE

sar
AMOUNT

10/29	
10/29	
0004795941	
UNIVERISTY PARK RECREATION DISTRI Bradenton Herald	
1x 138 L	
138	
$1.17	
$161 .46	

10/29	
10/29	0004795941	
UNIVERISTY PARK RECREATION OISTRI Bradenton Herald.com	
1 X 138 L	
138	
$0.00	
$0.00		
					Invoice Total	$161.46		

RECEIVED NOV O 2 2020

THIS IS A MEMO INVOICE ANO MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE.

HBRERALDADENTON
Bradenton,com
Bradenton Herald-Advertising POBox51129
Livonia, Ml 48151

*** MEMO INVOICE ***

Bradenton Herald
Bradenton Herald-Advertising PO Box 51129
Livonia, Ml 48151

"
231

PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE
BILLINO PE�OD	2 I	AOVERTISERJCUENT NAME.
10/29/2020	UNIVERSITY PARK RECREATION DISTRICT
TOTAL AMOUNT DUE	3 I	lERMS OF PAYMENT
$161.46	Upon Receipt

I PAGEi	I JI	BIWIIQ DATE
1	I	10/29/2020
111	NEWSPAPER REFERENCE
0004795941
I	BILLED ACCOUNT NUMBl;R
689035
1 I	AD\/ERTISER/CUENT NUMBER
689035

BRADENTON
HERALD
Bradentone com
AFFIDAVIT OF PUBLICATION
p
UNIVERISTY PARK RECREATION DISTRICT R

Attention:
UNIVERSITY PARK RECREATION DISTRICT 1 2051 CORPORATE BLVD
ORLANDO, FL 32817 

UNIVEfllSTY PARK RECREATI ON DISTRICT REQUEST RJR PROPOSALS FOR
MASTER PLANNING SERVICES
Mana1111 County, Florida AND
NOTICE OF PUBLIC MEETING TO OPEN RFP RESPONSES

Is

TIUl un1vcrslly Pnrl< Rccreallon Dlsirlet mtklno competitive proposal$ fl)r a mastar planner
for the development of a master
pl<l,ri to, ttie rncreRtion�I facill­ llos  at  unM1.rslty  Park  country Club.
PROJECT: Ma11er
Services

.

Master planning services ln­ c;lude providing all nlNlessary master planning and gD\lllftl· rnent   processlno   servlCi!S   11s oullin&d in thll Roquast for Pro­ posal, 'file basts o1 award shall be best value to the Oistrlct altar
a  1horough  evaluation .  01  an
quallflcatlorn; and experlen0al faolors set forth In the RFP ih• cludln{I tM price proposal.
mo Re(luo.sl for Propasal will lle avitllaDle Qeolnnrno Friday,
O. ctober 30, 202D at 1 0:00 a.m.
To reqUOSI . a COP1 of lhn AFP

W

15::fl

<:t1ntac1,  li\urte  Evans.  General MtUl.i'IQOr, Unlv8rStlV P.lrk Coun• ClUb at l�yans�unive�.11ypar
.,_Q_IIBI_ or via  phone .tit 941 •
355•38B8.
A pre•submitlal conforence. fol• lowed by a prolect walk·thOU(lll,
$hall  � oonduotod  on  Nove111- bor 5. 202t) at 11 :00 am. Wllllo not mandatory. tho lntem of the conlnrenoo is lo brief Ille pro• posers, answer pertinent QUilS· tlons nnd tn tamlli,irize the pro­ posers With Iha p1.0Jac1 slt0- and ex(s1100  tacllltlos.  tfo11owlno the

silence

<:011reron¢11,,  vro  will  on.ly <1cc11pt Written Qucsuons retatcd to 111e prolecl . UP tnrouoh November 9, 2020 at 6:<10 pt'rl. The Oislricl, in Its sl.llo discretion, may prov1oc answers to such questfons. with COJ)!OS dlSGeMliloted IO au pro• pos&ri;.. Plene � mindful lhal 11111 D1$trlot hai; adapted a non• IObbylng and COM Of

:so

policy for this selectl�n process, communIca1Ions raoaraIno
the .p1olect shall be llmlted to the  . pl'E!-l\lltbm"l,11    ,;gnf11rlili<;� and wrfltan quostlOlls.
�lrms aoslting to provide s<11v•
Ices  for this croJect must sub•
m,-11i,l.•o•l•nAe.rlL1_) .bound copy ot !he

THE STATE OF TEXAS COUNTY OF DALLAS
Before the undersigned authority personally appeared VICTORIA RODELA, who, on oath, says that she is a Legal Advertising Representative of The Bradenton Herald, a daily newspaper published at Bradenton in Manatee County, Florida; that the attached copy of the advertisement, being a Legal Advertisement in the matter of Public Notice, was published in said newspaper in the issue(s) of:
 	 lnsertion(s) Published On:
October 29, 2020

THE STATE OF FLORIDA
COUNTY OF MANATEE
Affidavit further says that the said publication is a newspaper published at Bradenton. in said Manatee County, Florida, and that the said newspaper has heretofore been continuously published in said Manatee County, Florida, each day and has been entered as second-class mail matter at the post office in Bradenton, in said Manatee County, Florida, for a period of ona year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

(Signature of Affiant)
scribed before me this

SEAL & Notary Public
Extra charge for lost orduplicate affidavits. Legal document please do not destroy!

.,_,.,..n.,.n,i,t    ,...,,,.15,,__.,",

1 1 /1 0/2020

Vendor Bradenton Herald Vglobal Tech

University Park Recreation District

Payment Authorization No. 36

O&M - General Fund Expenses

Invoice	Description
104802440-1 1 062020	Notice of Public Meeting
21 35	Web Maintenance

Amount
$	141 .57
$	208.33 

PFM	DM-1 1 -2020-0033	District Management Fee: November 2020	$	5,833.33	
Blalock Walters	40896-01 4-1 1	Prepare/Finalize Summary Judgement-Dowdell	$	1, 1 70.00	
Blalock Walters	40896-01 6-1 0	Correspondence/communication of Settlement Offer	$	1 35.00	
Blalock Walters	40896-01 3-1 1	Country Club Operations October 2020	$	761 .40	
Blalock Walters	40896-000-24	General Representation October 2020	$	3,341 .70	
Blalock Walters	40896-023-6	Assessment Lien-1 700 Ben, LLC	$	494.50	
PFM	OE-EXP-1 1 -46	October 2020 Postage	$	6.30	
O&M - General Fund Expenses Total			$	12,092.1 3	

Asst. Secretary/Secretary

pfm

Dote November 17, 2020

r	..,

Payment Terms Upon Receipt

RECEIVED
By Amy Champagne at 2:41 pm, Nov 1 7, 2020

Invoice Number OE-EXP-1 1 -46
Due Date November 17, 2020

Bill To:

University Park Recreation District
c/o PFM Group Consulting District Accounting Department
12051 Corporate Blvd
Orlando, FL 32817 United States of America

Company Address:
1 735 Market Street 43rd Floor Philadelphia, PA 191 03
+1 (215) 567-61 00
Federal Tax ID: 81 -1 642478

Remittance Options:
Via ACH (preferred}:
PFM Group Consulting LLC

RE:	October 2020 Postage $6.30 Expenses
Total Amount Due

Via Wire:

Via Mail:
PFM Group Consulting LLC PO Box 651 26
Baltimore, MD 21 264-51 26 United States of America

$6.30
$6.30

of

B L A L O C K WA L T E R S
A T T O R I\J E Y S   A T   L A W

WE MAKE A DIF FERENCE 

P. O. Box 469 B radenton, Florida 34206-0469 ph: 94 1. 748. 01 00 fx: 94 1. 745.2093

RECEIVED NOV 1 6 2020

UN IVERSITY PARK RECR EAT ION DISTRICT PFM FI NANCIAL ADVISORS, LLC
1 2051 CORPORATE BLVD
ORLANDO, FL 3281 7

ATTN:	STEVE LU DM ERER COU NTRY CLUB OPERATIONS 

REMITTANCE COPY

Page	1
October 31 , 2020
Account #	40896-0 13 
Invoice #	11 

40896-013 

MPB 

BALANCE 

$4,664.75

If you p refer to receive paperless invoices by email, please com plete the information below or email mforbes@blalockwalters.com.

Yes, I would prefer paperless billing by email.

Email Address for paperless billing purposes:

Please Return th e Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A. 
Federal Tax ID # 59-1950976

UNIVERSITY PARK RECREATION DISTRICT

COU NTRY CLUB OPERATIO NS MPS

!-"age: � October 31 , 202C
Account #	40896-013 
Invoice #	11 
HOURS

TOTAL FOR THE ABOVE SERVICES	3.60	846.00	
COU RTESY DISCOU NT 		-84.60	
Net Fees after Courtesy Discount		761 .40	
TOTAL CURRENT WORK 		76 1 .40	
PREVIOUS BALANCE 		$3,903 .35	
AMOUNT DU E (includes Previous Balance if shown above)		

If you prefer to receive paperless invoices by email, please complete the information below or email m forbes@blalockwalters.com.

Yes, I would prefer paperless billing by email.

Email Add ress for paperless billing purposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A. 
Federal Tax ID # 59-1950976

B L A L O C K WA L T E R S
1-\ T  T O  R N  E Y S    P.. l    L A W

WE MAKE A DIF F-�ERE f\lCE 
P.O. Box 469 • B radenton, Florida 34206-0469 ph: 941 . 748 .01 00 fx: 94 1 .745.2093

RECEIVED NOV 1 6 2020

UN IVERSITY PARK RECREATION DISTRICT PFM FINANC IAL ADVISORS, LLC
12051 CORPORATE BLVD ORLAN DO, FL 3281 7

ATTN:	STEVE LUbMERER COUNTRY CLUB OPERATIONS 

Page	1
October 31 , 2020
Account # 40896-013 
Invoice #	11 

MPB 

1 0/06/2020

For Professional Services Rendered Thru 1 0/31/2020

1 0/07/2020	
MJL 	Alexander regarding same.

Review Assignment of Option Agreement; telephone conference with Steve Ludmerer regarding revisions to Assignment of Option Agreement; email	0.30	70.50	
		revisions to Telese Mc Kay.	0. 70	1 64.50	
1 0/08/2020	MJL 	Review revised Assignment of Option Agreement and email to Vivian for			
		inclusion in Board Book; telephone conference with Marisa Powers regarding other documents for meeting. 	0.50	11 7.50	
1 0/09/2020	MJL 	Email from Steve Ludmerer regarding tra.demark letter; s�nd !..!pda.ted letter			
		other Agenda items.	0.50	11 7.50	
1 0/20/2020	MJL 	Review Warranty Deed and Amendment to MCA; email to Telese McKay			
		regarding John Whyte's signature on Amendment to M utual Cooperation Agreement.	0.20	47.00	
1 0/26/2020	MPS 	Telephone conference with Laurie Evans regarding the RFP process.	0.30	70.50	
1 0/27/2020	MPS 	Review Pu rchasing rules; preparation of Memorandum to Laurie Evans.	0.40	94.00	
1 0/28/2020	MPS 	Telephone conference with Laurie Evans on purchasing question; telephone			
		conference with Steve Ludmerer regarding pu rchasing questions; review			
and respond to Memorandum from Laurie Evans.	0.50	11 7.50	
1 0/30/2020	MJL 	Arrange for recording of Warranty Deed for Sales Office and Memorandum 			
of Assignment of Option on Tract 7. 	0.20	47.00	

MJL	Telephone conference with Steve Ludmerer regarding Tract 7 Assignment of Options and the Vote Now Contract; telephone conference with Jenny

HO URS

to Vivian Carvalho; telephone conference with Marisa Powers regarding

B L A L O C K WA L T E R S
A T T O R N E Y S   A T L A W 

WE MAKE A DI FFE RENCE 
P. O. Box 469 B radenton, Florida 34206-0469 ph : 941 . 748. 01 00 fx: 941 .745. 2093

UN IVERSITY PARK RECR EATION DISTRICT PFM FI NAN CIAL ADVISORS, LLC
1 205 1 CORPORATE B LVD
OR LAN DO, FL 3281 7

ATTN :	STEVE LUDMERER 

V. 1 700 BEN, LLC

REMITTANCE COPY

Page	1
October 31 , 2020
Account #	40896-023
Invoice #	6

40896-023 

MPS

If you p refer to receive paperless invoices by email, please complete the information below or email m forbes@blalockwalters.com. 

Yes, I would p refer paperless billing by email.

Email Address for paperless billing purposes:

Please Return the Remittance Copy with Your Paym ent Make Check Payable to Blalock Walters, P.A. 
Federal Tax ID # 59- 1950976

BALANCE 

$494.50

B L A L O C K WA LT E R S
A T T O R N E Y S   A T    L A W

WE MA KE A DIF FE l�ENCE 
P.O. Box 469 • Bradenton, Florida 34206-0469 ph: 941 . 748.01 00 fx: 941 . 745.2093

UN IVERSITY PARK RECREATION DISTRICT PFM FI NANC IAL ADVISORS, LLC
1 2051 CORPORATE B LVD
OR LAN DO, FL 32817 

ATTN:	STEVE LUDM ERER 

V. 1 700 BEN, LLC

Page	1
October 31 , 2020
Account # 40896-023
Invoice #	6

MPB 

1 0/0 1 /2020

1 0/1 6/2020 

1 0/23/2020

1 0/26/2020

1 0/2 7/2020

1 0/29/2020

1 0/30/2020 

1 0/28/2020 

For Professional Services Rendered Thru 1 0/3112020

MJ P	Various comm unications with Stephen McKenna and Attorney Brown regarding payment of outstanding assessment.

MJ P	Various communications with Attorney Brown confirm ing receipt of settlement payment.

MJP	p repare satisfaction of lien and dism issal of action. 

MJP	various communications with Attorney B rown and Vivian at PFM regarding satisfaction of lien .

MJP		Review communication from Attorney Brown regarding dism issal and sa�isfaction .

MJ P	Finalize notice of voluntary dism issal and satisfaction of lien. LT	assist with lien release

MJP	review recorded satisfaction of lien ; prepare correspondence to Attorney Brown regarding the same and notice of dism issal .
TOTAL FOR THE ABOVE SERVICES

TO TRUST FOR RECORDING TOTAL EXPENSES 
TOTAL CURRENT WORK PREVIOUS BALANCE 

HOURS

0. 20

0.40

0. 60

0. 40

0.20

0.20 
0.30

-0. 2-0
2. 50

45.00

90.00

1 35.00

90.00

45.00

45.00
30 .00 

0.00
480.00

14.50
14.50

494.50

$2,270 .07

UN IVERSITY PARK RECREATION DISTRICT

V. 1 700 BEN, LLC MPB 

i-iage: l
October 31 , 2020
Account #	40896-023
Invoice #	6

PAYMENT S RECEIVED

1 0/1 9/2020	Payment received on account.	Thank you! 	-1 ,534. 12 	
1 1 /02/2020	Paym ent received on account.	Thank you !		
	TOTAL PAYMENTS		-2 ,270. 07	
AMOUNT DUE (includes Previous Balance if shown above)	$494.50 

If you p refer to receive paperless invoices by email, please complete the information below or email mforbes@blalockwalters.com.

Yes, I would p refer paperless billing by email.

Email Add ress for paperless billing purposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A. 
Federal Tax ID # 59-1950976

B L A L O C K WA L T E R S
A T T O  R N E Y S    A T    L A W  

WE MA l<E A  DI FF ERENCE 

P. O. Box 469 B radenton, Florida 34206-0469 ph: 941. 748. 01 00 fx: 941 .745. 2093

UNIVERSITY PARK RECREATION DISTRICT PFM FI NANCIAL ADVISORS, LLC
1 2051 CORPORATE BLVD
OR LANDO, FL 3281 7

ATTN :	STEVE LU DMERER GEN ERAL REPRESENTATION 

REMITTANCE COPY

RECEIVED NOV 1 6 2020

Page October 31 , 2020
Account #	40896-000
Invoice #	24

40896-000

MPB 

BALANCE 

$3,341 .70

If you prefer to receive paperless invoices by email, please complete the information below or email mforbes@blalockwalters.com.

Yes, I would p refer paperless billing by email.

Email Address for paperless billing pu rposes :

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A.
Federal Tax ID # 59-1950976

B L A L O C K WA LT E R S
A T  f O  R N   E Y S      1\  T      L A W	RECEIVED NOV 1 6 2020
WE MAKE A DIFF ER ENCE 
P. O. Box 469 • B radenton, Florida 34206-0469 ph: 941. 748. 01 00 fx: 941 . 745.2093

UN IVERSITY PARK RECR EATION DISTRICT PFM FINANCIAL ADVISORS, LLC
12051 CORPORATE BLVD 
OR LAN DO, FL 32817 

ATTN:	STEVE LU DMERER GENERAL REPRESEN TATION 

Page	1
October 31 , 2020
Account # 40896-000
Invoice #	24

MPB

09/1 0/2020 	
MW	
Review and revisions to notice of public hearing on special assessments. 	HOU RS
0. 40	
40.00	
1 0/01 /2020 	MPS 	Preparation of Memorandum to Supervisors regarding virtual m eetings for October; telephone conference with Amy Champagne.	
0. 40	
94 .00	
1 0/05/2020	MPS 	Work on property issues; telephone conference with Bob Wood on election question. 	
0.40 	
94 .00	
1 0/06/2020	MJP 	Review of issue relating to VoteN ow agreement.	0.20 	40. 00	
	MPB 	Review and respond to Steve Ludmerer's Memorandum regarding agenda items; work on finalization on District contracts regarding Vote Now and Parcel 7.	
0.40 	
94.00	
1 0/07/2020 	MJP 	Attend to UPRD 1 0/9 meeting issues; draft point papers; review VOTE-NOW contract; m ake revisions to VOTE-NOW contract; various communications with Vivian; various com munications with Attorney Barnebey and Lapointe
regarding agenda items. 	

3.00	

600 .00	
	MJP 	Finalize revisions to VoteNow revised draft.	0.30	60 .00	
	MPB 	Review and respond to Steve Ludmerer's Memorandum; review Vote N ow contract; work on revised assignment and Assumption of the Option to Purchase.	
0.60 	
141 .00	
1 0/08/2020 	MJP 	Prepare for 1 0/9 meeting; prepare agenda items; various com mun ications

James Claiborne regarding Vote-now agreement.	

2.00	

400.00	
1 0/09/2020 	MPS 	Review Telese McKay's Memorandum; preparation for and attendance at 
Board m eeting; telephone conference with Vivian Carvahlo; telephone conference with Bruce Mantia; follow-up on Board meeting.	

2. 80 	

658.00	
	MJP 	Review of various issues relating to Board m eeting.	1 . 00 	200.00	

For Professional Services Rendered Thru 1 0/31/2020

with Vivian Carvalho regarding agenda items; prepare correspondence to

UN IVERSITY PARK RECR EAT ION DISTRICT 

GENERAL REPRESEN TATION MPB 

Page: � October 31 , 202( Account #	40896-00C
Invoice #

1 0/1 3/2020

JA	Review email correspondence from James Claiborne with Vote Now. MJ P	Revise Vote-now agreement.
MPB	Review and respond to B ruce Mantia's Memorandum ; review and respond to

HOURS
0. 10 

0.30

1 0.0C

60.0C 

		Steve Ludmerer's Memorandum; revise contract.	1 . 40	329.00	
1 0/1 4/2020	MPB 	Review election questions and Vote N ow contact status.		94.00	
1 0/1 5/2020	MPB 	Review and respond to B ruce Mantia's Memorandum on Vote Now contract;			

1 0/21 /2 020	contract revisions; telephone conference with Bruce Mantia and the Chair on
election procedures.	1 . 20	282.00
MPB	Review and respond to various Memorandums from Chair and Laurie Evans
on workshop, meeting and candidate forum protocol.	0. 70	1 64.50 	
1 0/23/2020	MPB	Telephone conference with Atty. Maggie Mooney, Southern Manatee Fire
District Counsel; review and respond to Memorandum from John Fetsick.	0.40	94.00	
1 0/26/2020	MPB	Review and respond to Memorandum on The Sales Center deed from John
Whyte; review and respond to Memorandum from Bruce Mantia.	0.70	1 64.50	
1 0/2 8/2020	MPB	Telephone confe rence with Atty. Telese McKay, UPCAI Counsel regarding	
Parcel 7 transfer, FPL Easement, Sales Center transfer and elections.	0.40	94 .00	
TOTAL FOR THE ABOVE SERVICES	17.10 	3,71 3.00	
COU RTESY DISCOU NT 		-371 .30	
N et Fees after Courtesy Discount		3,341 .70	
TOTAL CURRENT WORK 		3,341 .70	
PREVIOUS BALANCE 		$10,1 07.00	

1 0/1 9/2020	PAYMENTS RECEIVED

Payment received on account. Thank you !	

-3 ,q98. 1Q 	
1 1 /02/2020	Paym ent received on account. Thank you! 	-6,408. 90	
	TOTAL PAYM ENTS	-1 0, 1 07.00	
	AMOUNT DUE (includes Previous Balance if shown above)	$3,341.70	

If you prefer to receive paperless invoices by email, please com plete the information below or email mforbes@blalockwalters.com.

Yes, I would prefer paperless billing by email.

Email Add ress for paperless billing purposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A.
Federal Tax ID # 59-1950976

B L A L O C K WA L T E R S
A T T O R N E Y S   A r   L A W 

WE MAKE A DI FF ERENCE 

P. O. Box 469 Bradenton, Florida 34206-0469 ph: 941 .748.01 00 fx: 94 1. 745.2093

RECEIVED NOV 1 6 2020

UNIVERSITY PARK RECREATION DISTRICT PFM FINANCIAL ADVISORS, LLC
1205 1 CORPORATE BLVD
OR LAN DO, FL 3281 7

ATTN:	STEVE LU DMERER 

V. PATRICIA LESTER

REMITTANCE COPY

Page	1
October 31 , 2020
Account #	40896-016 
I nvoice #	10 

40896-016 

MPB 

If you prefer to receive paperless invoices by email, please com plete the inform ation below or email mforbes@blalockwalters.com.

Yes, I would prefer paperless billing by email. 

Email Add ress for paperless billing pu rposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A. 
Federal Tax ID # 59-1950976

BALANCE

$1 35.00

B L A L O C K WA L T E R S
A T T O R N E Y S   A T    L A W

WE MAKE A DIF FE RENCE 
P. O. Box 469 • Bradenton, Florida 34206-0469 ph: 941 . 748 .01 00 fx: 941 . 745.2093

RECEIVED NOV 1 6 2020

UN IVERSITY PARK RECR EATION DISTRICT PFM FI NANCIAL ADVISORS, LLC
12051 CORPORATE B LVD
ORLANDO, FL 32817 

ATTN:	STEVE LUDMERER 

V.  PATRI CIA LESTER

Page	1
October 31 , 2020
Account # 40896-0 16 
I nvoice #	10 

MPB 

1 0/1 4/2020

1 0/1 5/2020

1 0/29/2020

For Professional Services Rendered Thru 1 0/31/2020

MJ P		Prepare correspondence to Attorney Flicker regarding Board's denial of his client's settlement offer.

MJ P		Review communication from Attorney Flicker regarding denial of client's settlement offer.

MJP	Review of communication regarding Board's decision to deny settlement

HOURS

0.20

0.20

45.00 

45.00

offer.	0.20	45 .00 	
TOTAL FOR TH E ABOVE SERVICES	0.60	135.00	
TOTAL CU RRENT WORK 		1 35.00	
PREVIOUS BALANCE 		$1 ,1 33.01 	
PAYMENTS RECEIVED			
1 0/1 9/2020	Payment received on account.	Thank you !	-501 .75	
1 1 /02/2020	Payment received on account.	Thank you !	-631 .26	
	TOTAL PAYM ENTS		-1 ,1 33.01 	

AMOUNT DUE (includes Previous Balance if shown above)	$1 35.00

UNIVERSITY PARK RECREATION DISTRICT

V. PATRICIA LESTER MPB 

If you prefer to receive paperless invoices by email, please com plete the information below or email mforbes@blalockwalters.com.

Yes, I would prefer paperless billing by email.

Email Add ress for paperless billing purposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A .
Federal Tax ID # 59-1950976

t-'age: :l
October 31 , 2020
Account #	40896-016 
I nvoice #	1 O

B L A L O C K WA L T E R S
A T T O R N E Y S   A T L A W 

WE MAKE A DIF FERE NCE 

P. O. Box 469 B radenton, Florida 34206-0469 ph: 941 . 748.01 00 fx: 941 . 745.2093

UN IVERSITY PARK RECREATION DI STRICT PFM FI NANCIAL ADVISORS, LLC
1 2051 CORPORATE BLVD
OR LAN DO, FL 32817 

ATTN :	STEVE LU DMERER 

V. RODGER B. DOWDELL, JR. & LIN DA A. DOWDELL 

REMITTANCE COPY

Page	1
October 31 , 2020
Account #	40896-014 
Invoice #	1 1 

40896-014 

MPS 

BALANCE 

$1 ,1 70.00

RECEIVED NOV 1 6 2020

If you prefer to receive paperless invoices by email, please complete the information below or email mforbes@blalockwalters.com.

Yes, I would p refer paperless billing by email.

Email Address for paperless billing purposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A.
Federal Tax ID # 59-1950976

B L A L O C K WA L T E R S
A l  T O R N  E Y S A T	L A W
v,n:_ MAKE  A  DIFF E l�ENCE 
P. O. Box 469 • Bradenton, Florida 34206-0469 ph: 94 1. 748.01 00 fx: 94 1 .745. 2093

UNIVERSITY PARK RECR EATION DISTRICT PFM FINANCIAL ADVISORS, LLC
1 2051 CORPORATE B LVD 

Invoice #	11 	

				

				

					

						

				

OR LANDO, FL 3281 7

ATTN:	STEVE LUDMERER 

V. RODGER 8. DOWDELL, J R. & LINDA A DOWDELL

RECEIVED NOV 1 6 2020

Page	1
October 31 , 2020
Account # 40896-014 

MPB 

1 0/1 3/2020

1 0/1 4/2020

1 0/1 5/2020

1 0/1 6/2020

1 0/26/2020

1 0/1 9/2020
1 1 /02/2020

For Professional Services Rendered Thru 1 0/31/2020

MJ P	review of the Dowdells filings in the docket of this m atter. MJ P	begin d rafting m otion for summary judgment.
MJ P	Prepare motion for sum mary judgment.

MJ P		prepare motion for final judgment; draft affidavit in support; run fees and costs to date.

MJ P	Finalize m otion for summ ary judgment; prepare affidavit in support.
TOTAL FOR THE ABOVE SERVICES TOTAL CURRENT WORK PREVIOUS BALANCE 
PAYMENTS RECEIVED

Payment received on account. Thank you ! Payment received on account. Thank you !
TOTAL PAYMENTS 

AMOUNT DUE (includes Previous Balance if shown above)

HOU RS
0.20	45.00

0. 60	135.00

0.70	1 57.50

2. 00	450.00 
-1 . 70	382 .50
5.20	1, 170.00

1, 170.00

$1 ,257 .82

-968.27
-289.55
-1 ,257.82

$1 ,1 70.00 

UN IVERSITY PARK RECR EATION DISTRICT

V. RODGER 8. DOWDELL, JR. & LI N DA A DOWDELL MPB 

If you p refer to receive paperless invoices by email, please complete the in form ation below or email m forbes@blalockwalters.com.

Yes, I would prefer paperless billing by email.

Email Address for paperless billing purposes:

Please Return the Remittance Copy with Your Payment Make Check Payable to Blalock Walters, P.A.
Federal Tax ID # 59-1950976

Page: 2
October 31, 2020
Account #	40896-014 
Invoice #	11 

BRADENTON
HERALD
Bradentonccom
H11r  MEMO INVOICE 1rlf*	Fed ID# 85-2383255
231   TOTAL AMOUNT DUE
$1 41 .57
SALES REP	2,1	ADVERTISER INFORMATION
Advertising Dept	1  1	BILLING PERIOD	I  a I	1111.l.ED ACCOUttfH.UMUft	17 1	AIIVE!fflSERICUENT NUMBER	IH	ADVER11SERICUENT NAM!

11 /06/2020	I	689035	I

UNIVERSITY PARK RECREATION DISTRICT 12051 COijPORATE B LVD
ORLANDO, FL 32817 

NEWSPAPER	· l1 14	tl
REFERENCE	DESCRIPTION	PRODUCT

689035		I UNIVERSITY PARK RECREATION DISTRI· MAKE CHECKS PAYABLE TO
Bradenton Herald
Bradenton Herald-Advertising PO Box 51129
Livonia, Ml 48151 

Billing: Contact Sales Rep. Credit: Email ssccred itandcollections@mcclatchy.com
Payment is due upon receipt	sar
15
SAU SIZE	AMOUNT

11/06 11/06	0004802440	NOTICE OF PUBLIC MEETING UNIVERSr Bradenton Herald

11/06  11 /06	0004802440	NOTICE OF PUBLIC MEETING UNIVERSI" Bradenton Herald.com

1 X 121 L

1 X 121 L

121

121 

$1.17	$141 .57

-----

$0.00	$0.00
Invoice Total	$141 ,57

RECEIVED NOV 1 2 2020
THIS IS A MEMO INVOICE AND MAY OR MAY NOT REFLECT ALL CHARGES OR CHANGES THAT OCCUR ON THE FINAL INVOICE.

BHRERADEALDNTON
Bradentonc.com
Bradenton Herald-Advertising PO Box 51129
Livonia, Ml 481 51 

*** MEMO INVOICE ***

Bradenton Herald
Bradenton Herald-Advertising PO Box 51 1 29
Livonia, Ml 48151

q

231 

PLEASE DETACH AND RETURN LOWER PORTION WITH YOUR REMITTANCE
l!IILUNO PERIOD	i I	ADVER118ERICLIENT NAME
11 /06/2020	UNNERSITY PARK RECREATION DISTRICT
TOTAL AMOUNT DUE	31	"11:.,_IOl' AAVfitM
$141 .57	Upon Receipt

q  PAOE t	5 I	l!IILUNO DATE
1	11 /06/2020
n I	NEWBPAPl!RREFERENCE
0004802440
e I	l!IILLED ACCOUNT NUMBER
689035
11	ADV'EftT1HltlCUl!'HT trul,IIIIIR
689035

BRADENTON

Bradenton€com
AFFIDAVIT OF PUBLICATION
I

I	Arrn,,nt#	Arl N11mnP.r	ldP.ntifir-.atinn
689035	0004802440	NOTICE OF PUBLIC MEETING UNIVERSITY PJ!

Attention:
UNIVERSITY PARK RECREATION DISTRICT

p(l

$141 .57

THE STATE OF TEXAS COUNTY OF DALLAS

C:nl"	nanlh
1	12.10 In 

12051 CORPORATE BLVD
ORLANDO, FL 32817 

UNIVfflSl1Y PARK

NOTICi OF PUBUC MEfflN8
RECREATION DISTRICT
NBoaonrdce o1fs S�uper�brvy,sgol,Yson(118th0a1l ,dthtfe) 1-0fctmtnoOisUtricttllvt.rs(•fY.D tPaatrrklotR"o)crweall•l hBoooldrda 0r1egS1,1u...�- f\Jimsaoertsin1'onof NthGe·
-a.vet m71b7l1t Th13,ifflParOki I•tIV'J tGOU.np�.,m ..-. 

Before the undersigned authority personally
appeared VICTORIA RODELA, who, on oath, says that she is a Legal Advertising
Representative of The Bradenton Herald, a daily newspaper published at Bradenton in 
Manatee County, Florida; that the attached copy of the advertisement, being a Legal
Advertisement in the matter of Public Notice, was published in said newspaper in the issue(s) of:
 	 lnsertion(s)

f: a'O: �a

3:a0

«!{

Published On:

oo 01>1a1nedf:�from mo�. oeuintf:.f,1ct�o,�..

November 06, 2020

1h::e  al  PFM  G r<>l!t>4  Consulting

�

�(40�7o)�7fL."23-:5.290t0'1. �,Ad:dyit�loin�anlt,e0!i,  � aeonpyy  moer'3tmiota �mgonatearaia, lsat·oanvag.11w.brutes
In ,raanineefd(Jc·at•robn.ttcP.t Jffl.iOmmi.!�;)t!Jmay .be

THE STATE OF FLORIDA

J� C9otl,

!lt)'JfflJ�

COUNTY OF MANATEE

wfIt lJ  atant&ticipaplateced thatat tthhett m�-eettilongn aoboovvteo.-1t9n :pChub&Ucevt..eneat l.tthha�tmthere­
�1ro·mcy-  ocpereur�ringttts lnt•hp9·trsmeeon,  ttinhge
Dmleeebtiicntg m· bayy  1co01ondphuotonetfloar P,·vOwbellog
�mednfeiarentecClftnal'.\01-ffooYm.  mpuursntoau�ntltonts­o
.gb\lcw• enrontmuemnt·taet dotrodeErxse.  luntwecludlOnrg•
<fIsos,used20-b�Y2,•G. 2o0ve-&9rn.or-P')dDe-2s()a..n2t.4is;6,
.amn�d t_ sanyth.e•,�eoatrt, $alo�mJ pourrsusuanppleto•.
$S�tattuiotons 1 20.54(5)(t,)2,,   Florida
:aWbhoilvee rrteffserneecesflcedsa�ryeetuonl'toooldr ttt,hee OUtlislJ�2atilcot's. e.osmmoa�unOiUf USOUR�$ M_l'n(JSO.drsi�
tecCOVhn10oi..oav1& ·nduubelictohaa(t!leth Cetimfreenr•t
.a11ganescy.pulhbtl1_0OISpatrlr1Actaffpua_UtYio,  enncI�nu,a..
wuarred alr\hdat(tfenfiCd1.Matl,lYmallonell$wr.jshTtnOo•

1	e	_KJ� =-� .it ���r:.,e:

1m0eeUteintegn, �Mnd· flt,aaottfctelpaf�ptehpiflnic1,•hte•
flyo. spuabnmtit®aqnutest&  al-0rensenecnodurClaOgm.«1­
,amdevnanra�to ·attho(D40i.s7tr)ii.!l7l 2M3tWl•590ff0r tion

meat$ during the meeting.

fat!ocniliottatesutthhe qBuoeasrudo'snscoandnsldctomra••
A-obtCOainePYd ofalthtttteagofenficedas moafy thbee

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Affidavit further says that the said publication is a newspaper published at Bradenton, in

•

said Manatee County, Florida, and that the said newspaper has heretofore been
continuously published in said Manatee County, Florida, each day and has been entered as second-class mail matter at the
post office in Bradenton, in said Manatee County, Florida, for a period of one year next
preceding the first publication of the attached
copy of advertisement; and affiant further
says that she has neither paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.

(Signature of Affiant)
Sowm to and subscribed before me this 6l

Extra charge for lost or duplicate affidavits. Legal document please do not destroy!

wobsltc at http'.J/untversttypatkr

1 �.i•�"uu \ unmtc1 Ma1n1p11r a Office"} durlno normal business hoUffi   i:>r   from   the   Oistricrs
� com/, · · ·
The meeting  ls 01>eo to the pub­ lic and will be conducted in ac­
�telance with the provisions 01 Florida law for community de­
-veloprnant  d1-strlcts.   Tt)e  meet..
Ing  may ·b'e conttnue-d  to .a dote. time and pfaoe to be spetifi$d on tf1e record at such mMlin9. There m� be oce-aslons when Board Supervisors or Oi�lrK;l Staf1 may par11c1pate by �poakor teteohone.
Any person requtrino speclal ac­
-commodat ons at too mtetino bccauso of a tnsabnlty or physl• cal Impairment should  contact the O(strlct Manager's Office at least rorty•elght t48) t\oUfS Pfl0( to the meeting. lf vou <1ce hear­ ing or spoactt impalr8d, p1oaso contact the flotlda Rcfay Serv­ ice .b�  dialtno  7:.1 -1 ,  or  1 .SOO· '9�8771     (TTY)    I    1 ·800-955·
�3770 (Voice). for aid In contact­ ing the DI trict Managar's Of• rice.
Each person :vno doclclos to ap· pea,  aoy .dectslon  made  by  the Board with r�spact ta any mat• te, consido,od at Ute mootmg Is ad\lised that peri;oo will neett a rocord of procoedtngs and mat
.accordingly, the person may need to ensure that .a verbatim rocotcJ or tt � proceocJlngs ls made, '"eluding lhe testimony IUld PVidenct upon which SllCh
.appeal ,s to t>o based.
Hank Fishkind District Manaa·er

VGlobalTech
636 Fanning Drive
Winter Springs, FL 32708 US contact@vglobaltech.com www.vglobaltech .com

I NVOICE 
BILL TO
UniversityParkRD COD 1 735 Market St FL 43
Philadelphia, PA 191 037502 USA

RECEIVED
By Amy Champagne at 2:56 pm, Nov 1 6, 2020
INVOICE # 21 35 
DATE 11 /08/2020
DUE DATE 1 1 /08/2020
TERMS Due on receipt

DATE	ACTIVITY	QTY	RATE	AMOUNT	
Web Maintenance:ADA Website Maintenance
Ongoing website maintenance for ADA and WCAG Compliance	1	208.33	208 .33	

Please make check payable to VGlobalTech.

BALANCE DUE 

$208.33

pfm

Date November 1 0, 2020
Payment Terms Upon Receipt

Invoice Number DM-1 1 -2020-0033
Due Date November 10, 2020

r

RECEIVED
By Amy Champagne at 2: 17 pm, Nov 13, 2020

Bill To:

University Park Recreation District
c/o PFM Group Consulting District Accounting Department
12051 Corporate Blvd
Orlando, FL 32817 United States of America

Company Address:
1 735 Market Street 43rd Floor Philadelphia, PA 191 03
+1 (215) 567-61 00
Federal Tax ID: 81 -1 642478

Remittance Options:
Vi a A<;H (preferred):
PFM Group Consulting LLC Bank Name
ACH# (ACH): 
Account #:

Via Wire: Bank Name ABA# (Wire):
Account #:

Via Mail:
PFM Group Consulting LLC PO Box 651 26
Baltimore, MD 21 264-51 26 United States of America

RE:	District Management Fee: November 2020

Professional Fees
Total Amount Due

$5,833.33
$5,833.33

of

University Park Recreation District

Review of the District Financial Statements

University Park Recreation District	
Statement of Financial Position	
As of 11/30/2020	

General Fund

Current Assets		
General Checking Account	$181,481	
Debt Service Reserve 2019 Bond		
Revenue 2019 Bond		
Interest 2019 Bond		
Acquisition/Construction 2019 Bond		
Money Market Account		
Sweep Account		
Accounts Receivable		
Deposits		
Inventories - Materials and Supplies		
Inventories - For Resale		
Total Current Assets	$181,481	

Debt Service Fund	Construction Fund	Enterprise Fund	Long Term Debt	Total

$181,481	
$1,270,038	
$84,330	
$11,705	
$3,698,086	
$15,300	
$1,173,319	
$3,158,655	
$81,852	
$13,038	
$175,184	
$9,862,988	

Assets

$1,270,038	
$84,330	
$11,705	

$15,300	
$1,173,319	
$3,158,655	
$81,852	
$13,038	
$175,184	
$4,617,348	$0	

$3,698,086

$1,366,074	$3,698,086

 	 	

$1,661,983	
$22,338,017	
$24,000,000	

$1,661,983	
$22,338,017	
$24,000,000	

Investments	
Amount Available in Debt Service Funds	
Amount To Be Provided	
Total Investments	

$0	$0	$0

Property, Plant & Equipment		
Fixed Assets		
Accumulated Depreciation - PPE		
Total Property, Plant & Equipment	$0	

$17,220,885	
($13,367,954)	
$3,852,931	$0	

$17,220,885	
($13,367,954)	
$3,852,931	

	$0		$0		
$181,481		$1,366,074		$3,698,086		$8,470,279		$24,000,000		$37,715,919	

Total Assets

Liabilities and Net Assets

Current Liabilities	
Accounts Payable	
Accounts Payable	
Notes and Loans Payable - Current	

$247,263	
$855,783	

$0	
$247,263	
$855,783	

University Park Recreation District	
Statement of Financial Position	
As of 11/30/2020	

3,176,185	
1,308,955	
$5,588,186	$0	

General Fund

Deferred Revenue		
Accrued Expenses Payable		
Total Current Liabilities	$0	

Debt Service Fund	Construction Fund	Enterprise Fund	Long Term Debt

$0	$0

$0	
$0	

$0	
$0	

Long Term Liabilities		
Revenue Bonds Payable - Long-Term		
Total Long Term Liabilities	$0	

 	
$24,000,000	
$24,000,000	

 	
$24,000,000	
$24,000,000	

Total	

3,176,185	
1,308,955	
$5,588,186	

	$0		$0		$0		
$0		$0		$0		$5,588,186		$24,000,000		$29,588,186	

Total Liabilities

Net Assets

Current Year Net Assets, Unrestricted	$0

Net Assets - General Government	$218,363	
Current Year Net Assets - General Government	($36,882)	

$218,363	
($36,882)	

Net Assets - General Government	
Current Year Net Assets, Unrestricted	

$1,661,983	
($295,910)	

$1,661,983	
($295,910)	

Net Assets - General Government	
Current Year Net Assets, Unrestricted	

$3,738,504	
($40,418)	

$3,738,504	
($40,418)	

Net Assets, 270	
Current Year Net Assets, 270	

$3,007,976	
($125,883)	

$3,007,976	
($125,883)	

Net Assets - General Government	
Current Year Net Assets, Unrestricted	

Total Net Assets	$181,481		$1,366,074		$3,698,086		$2,882,093		$0		$8,127,733	
												
Total Liabilities and Net Assets	$181,481		$1,366,074		$3,698,086		$8,470,279		$24,000,000		$37,715,919	

University Park Recreation District	
Statement of Activities	
For the period of 10/1/2020 through 11/30/2020	

General Fund	Debt Service Fund	Construction Fund

Enterprise Fund

Long Term Debt

Total

$2,328	
$81,108	
$0	
$0	
$0	
$0	
$0	
$0	
$445,276	
$259,331	
$521,939	
$8,378	
$132,618	
$1,450,979	

Revenues	
Off-Roll Assessments	
On-Roll Assessments	
Other Income & Other Financing Sources	
Inter-Fund Transfers In	
Inter-Fund Group Transfers In	
Debt Proceeds	
Inter-Fund Transfers In	
Debt Proceeds	
Golf Operations	
Restaurant Operations	
Membership Dues	
Tennis & Fitness Centre	
Initiation & Other Fees	
Total Revenues	

$2,328
$81,108

$2,328	$81,108	$0	$0

$445,276	
$259,331	
$521,939	
$8,378	
$132,618	
$1,367,542	

Insurance	
Management	
Dissemination Agent	
District Counsel	
District Counsel - Extraordinary	
Assessment Administration	
Audit	
Accounting	
Travel and Per Diem	
Postage & Shipping	
Copies	
Legal Advertising	
Bank Fees	
Contingency	
Web Site Maintenance	
Dues, Licenses, and Fees	
Interest Payments - A1 bond	
Other Financing Uses	
Capital Expenditures	
Management - General & Admin	
Golf Course Maint	
Parks and Recreation - Golf Operations	
Parks and Recreation - Restaurant Ops	

Expenses

$2,875	
$5,833	

$6,729

$10,000	
$2,500	
$9,833	

$6

$625	
$125	
$92	
$417	
$175	

$377,025

$2,875	
$5,833	
$0	
$6,729	
$0	
$10,000	
$2,500	
$9,833	
$0	
$6	
$0	
$625	
$125	
$92	
$417	
$175	
$377,025	
$0	
$40,434	
$330,296	
$499,068	
$201,414	
$412,258	

$40,434

$330,296	
$499,068	
$201,414	
$412,258	

$50,389	$50,389	
$377,025	$40,434	$1,493,425	$0	$1,950,094	

$7	
$16	
$23	

$16	
$16	

Tennis & Fitness Facility	
Total Expenses	

Interest Income	
Interest Income	
Total Other Revenues (Expenses) & Gains (Losses)	

Other Revenues (Expenses) & Gains (Losses)	$39,210				
			$7		
	$0		$7				$0		$0			

Change In Net Assets	($36,882)		($295,910)		($40,418)		($125,883)		$0		($499,093)	

Net Assets At Beginning Of Period	
$218,363		
$1,661,983		
$3,738,504		
$3,007,976		
$0		
$8,626,826	

Net Assets At End Of Period	
$181,481		
$1,366,074		
$3,698,086		
$2,882,093		
$0		
$8,127,733	

Non-Financial Updates:
District Accounting is officially in-house! Activity for the first two months of FY2021 has gone smoothly and we expect activity to pick up with 2021 tax assessments increasing in December.
The FY2020 year-end audit, being performed by Phillips Harvey Group, is ongoing and will continue into Q1-2021 because of opening balance sheet and other one-time adjustments required. This will result in the issuance of Audited Financial Statements by the June 30, 2021 deadline for Governmental entities.
The process to seek forgiveness for the PPP Loan received earlier in 2020 has begun. The application will be filed with guidance by our bank, JP Morgan Chase. We are cautiously optimistic that the loan will be forgiven.
All member statements for January 2021 were delivered by Marie Lough, Member Billing, on Friday, December 4th. There are many moving parts with this billing cycle (new dues rates, member changes, etc.) so kudos to Marie and the finance team for their work on this!
A big “thank you” to the entire Accounting staff who have been tirelessly working on the above matters. This is a busy time of year for the team and all have contributed to handling the workload!

Financial Overview as of November 30, 2021:

General Fund:

Reflects Operating Expenses of the District, including District Management (PFM), Legal (Mark Barnebey), the Audit, among others. This Fund is fully funded through FY2021. Operating surpluses from the Country Club operations (the Enterprise Fund) will be required to fund this account beginning in FY2022 and beyond.
Debt Service Fund:

Fund required to satisfy the first year of debt service and a year of debt service reserves for the RD bond. As the first tax assessment was not assessed to the residents until the 2021 tax year, the first year of debt payments had to be reserved through the initial bond offering. In addition, the indenture requires a debt service reserve in the event of an unexpected default. The final debt payment of 2020 totaling $317k was paid in November 2020 after which time the owners’ tax assessments will satisfy the debt going forward.
Construction Fund:

Fund of surplus proceeds from the Bond with its use restricted to Capital Expenditure needs of the RD only. Current balance does not reflect additional Construction/Purchases in Progress totaling approximately $400k which remain unpaid.

Enterprise Fund:

UNIVERSITY PARK COUNTRY CLUB & RD							
FY2021, TWO MONTHS ENDING NOVEMBER 30, 2020						
							
SUMMARY STATEMENT OF OPERATIONS		FY2021		FY2021			
Description		Actual		Budget		Difference	
							
REVENUE:							
MEMBERSHIP DUES		$	521,939		$	548,565		$	(26,626)	
GOLF OPERATIONS		445,276		359,869		85,407	
TENNIS & FITNESS CENTRE		8,378		10,088		(1,710)	
RESTAURANT INCOME		259,331		274,345		(15,014)	
OTHER INCOME		-		-		-	
TOTAL REVENUE		$ 1,234,924		$ 1,192,867		$	42,057	
							
EXPENSES:							
PAYROLL & RELATED:							
GOLF OPERATIONS		$	90,488		$	103,700		$	(13,212)	
TENNIS & FITNESS CENTRE		35,616		39,318		(3,702)	
RESTAURANT		214,079		223,116		(9,037)	
GOLF COURSE MAINTENANCE		250,631		271,225		(20,594)	
GENERAL & ADMINISTRATIVE		204,802		215,420		(10,618)	
TOTAL PAYROLL & RELATED		$	795,616		$	852,779		$	(57,163)	
							
DIRECT EXPENSES:							
GOLF OPERATIONS		$	110,926		$	98,307		$	12,619	
TENNIS & FITNESS CENTRE		14,773		19,664		(4,891)	
RESTAURANT CGS		127,868		107,402		20,466	
RESTAURANT OPER EXP		70,311		80,862		(10,551)	
GOLF COURSE MAINTENANCE		248,437		253,167		(4,730)	
GENERAL & ADMIN		54,996		47,331		7,665	
PROPERTY INSURANCE		32,987		32,922		65	
OTHER		-		2,360		(2,360)	
TOTAL DIRECT EXPENSES		$	660,298		$	642,015		$	18,283	
							
OPERATING INCOME/(LOSS)		$ (220,990)		$ (301,927)		$	80,937	
							
INITIATION FEES & OTHER		132,618		97,525		35,093	
OPERATIONS RECOVERY SURCHARGE (1/1/21-9/30/21)	-		-		-	
							
EBITDA		$	(88,372)		$ (204,402)		$	116,030	

Balance Sheet:

At 11/30/20, subject to the ongoing audit, particularly final accounting for Capital Leases, the Enterprise Fund has working capital deficiency of ($971k). Cash, currently totaling $1.2MM, continues to reflect the benefit of the PPP Loan ($855k). Without the PPP Loan, the cash balance would be approximately
$350k. Current Assets of $4.6MM also includes $3.2MM of 2021 calendar year dues billed in November. Current Liabilities include $3.2MM of deferred dues that will be used to fund operations throughout calendar 2021, Accounts Payable Trade of $247k and Other Accrued Liabilities of $1.3MM, including Capital Leases of $717k.
Income (P&L) Statement:

Overall, November YTD Operating Income was $81k favorable to budget due to the following:
Golf Operations were strong despite the impact of Tropical Storm Eta. This is primarily due to aggressive pricing for Outside Rounds, as Laurie noted in her November GM report.
As expected, COVID-19 continues to negatively impact the Restaurant Operations. Restaurant Income is $15k below Budget YTD.
Overall, Direct Expenses (non-payroll) were $18k over Budget.
Golf Operations, $13k over Budget, reflects higher credit card fees due to an increase in our Outside Rounds/higher revenue and some outside Advertising costs.
Restaurant COGS, $20k over Budget, largely reflects the higher food and supply cost for the To- Go service vs. traditional indoor dining. We continue to monitor these costs while balancing the benefit provided of To-Go Service.
G&A ($8k) reflects outside counsel costs as we change our Employee 401(k) Plan from the former employer (UPCC Associates LLP) to Park Boulevard Management LLC (PBM).
As Laurie mentioned in the General Manager’s report, summer membership conversion was stronger than Budgeted. This is reflected in Initiation Fees which are $35k over Budget YTD.

University Park Recreation District

Consideration of Resolution 2021-04, Ratification of Revised Adopted Budget for Fiscal Year 2020

RESOLUTION 2021-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT ADOPTING AN AMENDED GENERAL FUND BUDGET FOR FISCAL YEAR 2019/2020, PROVIDING FOR APPROPRIATIONS; ADDRESSING CONFLICTS AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, on August 13, 2019, the Board of Supervisors (“Board”) of the University Park Recreation District (“District”), adopted Resolution 2019-36 providing for the adoption of the District’s fiscal year 2019/2020 annual budget (“Budget”); and

WHEREAS, the District Manager, at the direction of the Board, has prepared an amended Budget, to reflect changes in the actual appropriations of the Budget; and

WHEREAS, Chapter 418, Florida Statutes, and Manatee County Ordinance 18-29 (“Charter”) authorize the Board to adopt and amend the Budget; and

WHEREAS, the Board finds that it is in the best interest of the District and its residents to amend the Budget to reflect the actual appropriations.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT:

BUDGET AMENDMENT.

The Board has reviewed the District Manager’s proposed amended Budget, copies of which are on file with the office of the District Manager and at the District’s Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

The amended Budget, attached hereto as Exhibit A and incorporated herein by reference (the “Amended Budget”), is hereby adopted in accordance with the provisions of Section 2-8-16 of the Charter and Section 189.016(6), Florida Statutes.

The Amended Budget shall be maintained in the office of the District Manager and the District Records Office and identified as “The Adopted Budget for the University Park Recreation District for the fiscal year ending

September 30, 2020, as amended and adopted by the Board of Supervisors effective December 11, 2020.”

AMENDMENT. The Budget is hereby amended as set forth in Exhibit “A” attached hereto and incorporated herein by reference:

TOTAL GENERAL FUND		

TOTAL ALL FUNDS		

CONFLICTS. This Resolution is intended to amend, Resolution 2019-36. All District resolutions or parts thereof in actual conflict with this Resolution are, to the extent of such conflict, superseded and repealed.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

EFFECTIVE DATE. This Resolution shall take effect upon the passage and adoption of this Resolution by the Board.

Adopted this 11th day of December, 2020.

ATTEST:	BOARD OF SUPERVISORS OF THE UNIVERSITY PARK RECREATION DISTRICT

Secretary/Assistant Secretary

By:	 Its:   	 

Exhibit A:	Amended Fiscal Year 2019/2020 Budget

Exhibit A
Amended Fiscal Year 2019/2020 Budget [See attached]

University Park Recreation District

FY20 Proposed Budget

FY 2020
Adopted O&M Budget	FY 2020
Revised O&M Budget	

Revenues	
Other Income & Other Financing Sources	
Assessment for O&M	
Prior Year Assessment	
PrYr Surplus	
Inter-Fund Transfers - Country Club to O&M	
Inter-Fund Transfers - O&M to Non-Recurring	

$200,000	$200,000	
$194,519	$194,519	
$141,011	$141,011	

$535,530	$535,530	

Net Revenues

General & Administrative Expenses	
Insurance	
Management	
Dissemination Agent	
District Counsel	
District Counsel - Non-Recurring	
District Counsel - Litigation	
Assessment Administration	
Audit	
Accounting	
Travel and Per Diem	
Telecommunications	
Postage & Shipping	
Copies	
Legal Advertising	
Bank Fees	
Meeting Set Up	
Contingency	
Web Site Maintenance	
Dues, Licenses, and Fees	
Inter-Fund Transfer Out	
Short Term Financing Repayment Interest	
Total General & Administrative Expenses	

$2,805	$2,805	$0	
$75,000	$75,000	$0	
$0	$5,000	$5,000	
$40,000	$39,000	$(1,000)	
$25,000	$25,000	$0	
$250,000	$251,000	$1,000	
$10,000	$10,000	$0	
$6,000	$17,100	$11,100	
$50,000	$50,000	$0	
$5,000	$5,000	$0	
$0	$0	$0	
$1,500	$1,500	$0	
$2,000	$2,000	$0	
$5,000	$5,000	$0	
$450	$550	$100	
$27,000	$27,000	$0	
$24,000	$7,700	$(16,300)	
$6,600	$6,700	$100	
$175	$175	$0	
$0	$0	$0	
$5,000	$5,000	$0	
$535,530	$535,530	$0	

$535,530	$535,530	

Total Expenses

$0	$0	

Net Income