North Powerline Road

Community Development District

12051 Corporate Boulevard, Orlando, FL  32817; 407-382-3256

The following is the proposed agenda for the organizational meeti11g of the Board of Superviso rs for the Luceme Park Community Development District, scheduled to be held

Wednesday, June 20, 2018 at 1:30 p.m. at the Offices of Cassidy Homes, 346 East Central Ave., Winter Haven, FL 33880. Questions or comments on the Board Meeting or proposed agenda may be addressed to Jane Gaarlandt at janeg@fishkind.com or (407) 382-3256. A quorum (consisting of at least three of the five Board Members) will be confirmed prior to the start ofthe Board Meeting.

If you would like to attend the Board Meeting by phone, you may do so by dfaJing:

Phone:	1-877-864-6450

Participant Code:	454943

PROPOSED BOARD OF SUPERVISORS' MEETING AGENDA

•	Roll Call to Confirm Quorum

•	Public Comment Period

1.	Administration of the Oath of Office to New Members of the Board of Supervisors

2.	Overview of the Florida "Government in the Sunshine" Regulations and other Board Member Responsibilities

•	Statement of Financial Interest, Form 1

•	Board Member Compensation
3.	Review of Dicstri  t Contact List

Administrative Matters
4.	Consideration of Resolution 2018-01, Appointing District Officers
5.	Consideration of Resolution 2018-02,esD ignating Treasurer and Assistant Treasurer
6.	Consideration of Resoluti.on 2018-03; Appointing District Manager, Assessment Consultant, and Investment Representative

•	District Management and Financial Advisory Proposal
7.	Consideration of Resolution 20L8-04, Designating the Primary Adm inistrative
	Office and Principal Headquarters
8.	Consideration of Resolution 2018-05, Appointing District Counsel

•	District Counsel Reta iner Letter

•	District Co unsel Agreement

9.	Consideration of Resolution 2018-06, Designating Registered Agent & Office

10.

11.

Consideration of Resolution 2018-07, Appointing Interim District Engineer

•	Interim District Engineer Agreement
Authorization of RFQ for District Engineering Services under the CCNA

Designation of Meetings and Hearing Dates	Annual Meeting Schedule for Fiscal Year		
12.	Consideration of	Resolution 2018-08,			
	2018/2019	Resolution 2018-09,	Designating Date, Time, and Location for		
13.	Consideration of				
	Landowners' Meeting'			
14.	Consideration  of	Resolution  2018-10,  Approving  Fiscal  Year  2017/2018  and		
	2018/2019 Proposed Annual Budgets and Setting a Public Hearing Date for Final		
	Adoption				
15.	Consideration of FY 2017/2018 and FY 2018/2019 Budget Funding Agreement		

•	Consideration of Establishment of Auditor Selection Committee
16.	Consideration of Resolution 2018-11,	Setting a Public Hearing on Adoption	of	
	Rules of Procedure			
	•	Rules of Procedure			
	•	Note of Rule Development			

•

Notice ofRulemaking

17. Consideration of Resolution 2018-12,  Expressing the  Intent of the  District to	
Utilize the Uniform Method of Levy,  Collection and Enforcement	of Non Ad-	
Valorem Assessments and Setting a Public Hearing Date Thereon		

Other

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

Organizational Matters		Designating Local District Office			
Consideration of Resolution 2018-13,				
Consideration	of Resolution 2018-14,	Setting Forth the Policy of the District with		
Regard to the Support and Legal Defense of the Board of Supervisors and District		
Staff												
•	Authorization to Obtain General LiabilityOfficersandPublic	Insurance		
Consideration	of Resolution 2018-15,	Providing for the Public's Opportunity to		
be Heard Addressing Public Meetings and Public Comment Period					
Consideration of Resolution 2018-16,	Adoption of Records Retention Policy; and		
Providing for Severability and Effective Date					Policy		
Consideration of Resolution 2018-17,	Adoption of Travel Reimbursement			
				
Consideration	of Resolution 2018-18,	Adoption of Prompt Payment Act Policies		
and Procedures	Resolution	2018-19,  Authorizing  the  Filing	of	Notice  of		
Consideration	of						
Establishment											
Consideration of District Website Agreement							
Consideration of Resolution 2018-20,	Designating a Qualified Public Depository		
Consideration	of	Resolution  2018-21,  Authorization	to  Establish	Checking		
								
Account and Designation of Authorized Signatories for Operating Account(s)		
Consideration	of	Resolution	2018-22,	Adopting   Alternative	Investment		
								
Guidelines											

Financing Matters

29. Consideration of Funding Request No. 1

MattersProject Related

30. Consideration of Assignment of Construction Contract

cover)

(provided under separate

Other Business

Staff Reports

District Counsel

Interim Engineer

District Manager

Supervisor Requests and Audience Comments

Adjournment

North

Community

Powerline Road

Development District

Administration of the Oath of Office to New of the Board of Supervisors

Members

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT		
	BOARD OF SUPERVISORS			
			OATH OF OFFICE			
I,__________	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE		
				BY OR AN OFFICER OF THE		
UNITED STATES OF AMERICA, AND BEING EMPLOYED			
NORTH   POWERLINE  ROAD   COMMUNITY  DEVELOPMENT  DISTRICT  AND   A		
RECIPIENT  OF  PUBLIC	FUNDS	AS	SUCH  EMPLOYEE	OR  OFFICER,  DO  HEREBY		
				THE CONSTITUTION OF THE		
							
SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT			
			
UNITED STATES AND OF THE STATE	OF FLORIDA.			

Board Supervisor

ACKNOWLEDGMENT

OF

OATH BEING TAKEN

STATE OF FLORIDA										
COUNTY OF	-----										
											
The foregoing oath was administered	before me this __ day of _______	,		
				
		, who personally appeared before me, and is		
2018, by _____________			
			as identification, and is		
personally known to me or has produced	__________			
			of		
				oath as a Member of the Board			
the person described in and who took the aforementioned				
					
Supervisors of the North Powerline	Road Community Development 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

North

Community

Powerline Road

Development District

Overview

of

the

Florida

"Government

in

the Sunshine"

Regulations

•

and other Board Member Responsibilities		
Statement of Financial Interest, Form	1		

•

Board

Member

Compensation

61712018

Florida Attorney-	General  Frequently Asked Questions	

ATTORNEY GENHltAJ:.J

FLORIDA OFFICE

OF

THE

A'FfORNEY 11'.}H:!:NEi:JiUJ/,

Open Government - Frequently Asked Questions

The following questionsare and answers should refer to the Florida Statutes and

intended

applicable

to be

case

used as a reference only -- interested parties

law before drawing legal conclusions.

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What is the Sunshine Law?														
What are the reguirements of the Sunshine	law?					
							
What agencies are covered under the Sunshine Law?					
Are federal agencies covered	bY.	the Sunshine Law?					
												
Does the Sunshine Law a1mJY.	to the Legislature?					
Does the Sunshine Law aP.PJY.	to members	-elect?					
									
What gualifies as a meeting7.												
Can a P.Ublic agencY. hold closed	meetings?						
		meeting be audio taP.ed?					
Does the law reguire that a	P.Ublic						
					at a meeting7.					
Can a ci!Y. restrict a citizen's right to SP.eak						
As a P.rivate citizen, can I videotaP.e	a P.Ublic meeting7.					
									
Can a board vote bY. secret ballot?										
Can two members of a P.Ublic	board attend social functions together?				
												
What is a P.Ublic record?														
Can I reguest P.Ublic documents over the teleP.hone and do I have to tell whY. I want them?		
How much can an ag~Y. charge for P.Ublic documents?	records?				
Does an ag~Y. have to exP.lain	whY. it denies access to P.Ublic					
						
Whensentdoes a document		to a P.Ublic ag~Y. become a P.Ublic document?			
Are P.Ublic emP.lOY.ee P.ersonnel records considered P.Ublic records?	if reguested to do so		
Can an ag~Y. refuse to allow P.Ublic records to be insP.ected or COP.ied			
maker or sender of the documents?									
Are arrest records P.Ublic documents?			from P.Ublic records or P.roduce	P.Ublic records		
Is an agencY. reguired to give out information				

P.articular form as reguested	bY. an individual?					
													
What ag~Y. can P.rosecute	violators?								
What is the difference between the Sunshine Amendment and the Sunshine Law?		
How can I find out more about the OP.en meetings and P.Ublic records laws?			

bY.

in

the

a

•	What is the Sunshine Law?		law provides a right of access	to governmental proceedings at		
	Florida's Government-in-the-Sunshine				
				sameofthe	board		

and bothstatethe	local levels.	It applies to any gathering of two or more members			
	to discuss some matter which will foresee ably come before that board for action. There is also a		
	constitutionally guaranteed	right of access. Vi1tually all state and local collegial	public bodies are		
						
						the exception	of the judiciary and the state			
		with			requirements					
	covered by the open meetings				provision relating to access.				
	Legislature which has its own constitutional					
								
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6/7/2018	Florida Attorney-	General  Frequently Asked Questions		

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What are the requirements	of	the Sunshine law?															2)		
				meetings of boards or commissions must be open to the public;			
The Sunshine law requires that 1)				
				
reasonable notice of such meetings		must be given, and 3) minutes	of the meeting must be taken.				

What agencies are covered under the Sunshine Law?										of any state agency or		
The Government-in-the-Sunshine	Law applies to "any board or commission			
																	or political subdivision."		
authority or of any agency or authority of any county, municipal corporation			
	well as state level.	It			
Thus, it applies to public collegial bodies within the state at both the local as					
applies equally to elected or appointed boards or commissions.																
Are federal agencies covered by the Sunshine Law?						Sunshine law.					
Federal agencies operating		in the state do not come under Florida's						
														
					to	the Legislature?																	
Does the Sunshine Law apply					be open and noticed except those			
Florida's Constitution provides	that meetings of the Legislature				
												Each house	is			
specifically exempted by the Legislature or specifically closed by the Constitution.					
					
responsible through its rules	of procedures	for interpreting, implementing and enforcing these				
											be	can		obtained from the		
																								
provisions. Information on the rules governing openness in the Legislature									
respective houses.					to		members	-elect?																	
Does the Sunshine Law apply																					
Members-elect of public boards	or commissions are covered by the Sunshine law immediately upon		
																									
their election to public off	ice.																										
What qualifies as a meeting?																										
The Sunshine law applies to all discussions or deliberations as well as the formal action taken by a		
board or commission. The law, in essence, is applicable to any gathering,	whether formal or casual, of		
two or more members of the same board or commission	to discuss some matter on which foreseeable		
		is no	requirement	that a quorum be			
action will be taken by the public board or commission. There						
								
present for a meeting to be covered under the law.																	
Can a public agency hold closed meetings?		allow a public agency to close a meeting.			
There are a limited number	of exemptions which would				
																		
These include, but are not limited to, certain discussions with the board's attorney over pending		of		
litigation and portions of collective	bargaining sessions. In addition,	specific portions of meetings			
					
		probablearemaking	cause		

some agencies (usually state agencies) may be closed when those agencies									
determinations or considering confidential records.																	
Does the law require that a public meeting be audio taped?																
There is no requirement under the Sunshine law that tape recordings be made by a public board or		
commission, but if they are made, they become	public records.																
																		
Can a city restrict a citizen's right to speak at a meeting?																
Public agencies are allowed to adopt reasonable rules and regulations which ensure the orderly				
conduct of a public meeting	and which require orderly behavior	on the part of	the public attending.		
												people		
					of time an individual can speak and, when a large number of			
This includes limiting the amount					
				that a representative of each side of	the issue speak rather than		
attend and wish to speak, requesting				

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every one present.										
As a private citizen, can I videotape a public meeting?	meeting through the use	of		
A public board may not prohibit a citizen from videotaping a public				
						
nondisruptive video recording devices.								
Canboard	vote by secret ballot?	of public boards or commissions	be "open to the public at all		
The Sunshine law requires that meetings				
						
times." Thus, use of preassigned	numbers, codes or secret ballots would violate the law.			
									
Can two members of a public	board attend social functions together?		together socially,		
				the Sunshine law from meeting			
Members	under							
	of a public board are not prohibited							
provided that matters which may come before the board are not discussed at such gatherings.			
What is a public record?										
The Florida Supreme Court has determined that public records are all materials made or received by		

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6!7/2018	Florida Attorney General - Frequently Asked Questions		

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an agency in connection with official business which are used to perpetuate, communicate or formalize		
knowledge. They are not limited	to traditional written documents. Tapes, photographs, films and sound		
recordings are also considered public records subject to inspection unless a statutory exemption exists.		
Can I request public	documents over the telephone	and do I		have to tell why	I want		them?			
						or in person,		
																
Nothing in the public records law requires that a request for public records be in writing			
				record		
although individuals may wish to make their request in writing to ensure they have an accurate			
				
of what they requested.	Unless otherwise exempted,	a custodian of public records	must honor a request		

			in person, over the telephone, or in writing, provided the required fees		
for itrecords, whether	is made			
				law requires the requestor	to disclose the reason for the request.		
are paid. In addition, nothing in the				
																	
How much can an agency charge for public documents?					records upon payment		of the fee		
The law provides that the custodian	shall furnish a copy of public					
									
								15	cents	per		
						is normally allowed to charge up to					
prescribed by law. If no fee is prescribed, an agency						
						
one-sided copy for copies that are 14" x 8	l /2" or less. A charge	of up to $1	per copy may be assessed		
for a certified copy of															toof the records		be copied	requires		
	a public record. If the nature and volume								assistance, or		
extensive use of information	technology resources	or extensive clerical or supervisory			
										
								on the actual cost incu1Ted.					
											based						
both, the agency may charge a reasonable service charge							
Does an agency have	to explain why it denies	access to public records?				exempt	from				
							or paii of a record	is						
		record who contends that the record								
A custodian of a public									

inspection must state the basis for that exemption, including the statutory citation. Additionally, when		
asked, the custodian must state in writing the reasons for concluding the record	is exempt.					
										
When does a document sent to a public agency become a public document?									
As soon as a document is received by a public agency, it becomes a public record, unless there is a		
legislatively created exemption which makes it confidential and not subject to disclosure.					
Are public employee personnel records considered public records?												
The rule on personnel records is the same	as	for other	public documents ... unless the Legislature has		
											to adopt rules limiting		
specifically exempted an agency's personnel	records or authorized the agency			
												
public access to the records, personnel records are open to public inspection. There are, however,			
numerous statutory exemptions that apply to personnel records.				if	requested to do so by		
Can an agency refuse to allow public records to be inspected or copied				
												
the maker or sender	of the documents?			to dictate the circumstances under which documents		
											
No. To allow the maker or sender of documents			
				instead of the Legislature	to determine which		
are deemed confidential would permit private paiiies				

public records are public and which are not.																							

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Are arrest records public documents?		agency after the arrest	of a subject are generally		
by		a law enforcement				
Arrest reports prepared					At the same time, however, ce1iain information such as		
considered to be open for public inspection.			
											
the identity of a sexual battery victim is exempt.									
Is an agency required to give out information from public records or produce public records in a		
particular form as requested	by an individual?			and copy existing public records. It does		
									
The Sunshine Law provides for a right of access to inspect			
		nor does it mandate that an		
not mandate that the custodian give out information from the records			
						
agency create new records	to accommodate a request for information.					
														
What agency can prosecute violators?							violations of the open		
The local state attorney has the statutory authority to prosecute alleged criminal			
					
meetings and public records law. Ce1iain civil remedies are also available.					
What is the difference	between the Sunshine Amendment and the Sunshine Law?			
The Sunshine Amendment was added to Florida's Constitution in 1976 and provides for full and public		
disclosure of the financial interests of all public officers,	candidates and employees.	The Sunshine Law		

provides for open meetings for governmental boards	and public records laws?					
the		about	open meetings						
How can I find out more												to Florida's		
Probably the most comprehensive guide to understanding the requirements and exemptions			

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6n/2018

	Florida Attorney General - Frequently Asked Questions				
open government laws is the Government-in-the-Sunshine manual compiled by the Attorney	General's		
			
Office. The manual is updated	each year and is available	for purchase through the First Amendment		
		a copy, contact the First	Amendment		
					
Foundation in Tallahassee. For information on obtaining				

Foundation at (850) 224-4555.					

Florida Toll Free Numbers:

-	Fraud Hotline 1-866-966-7226

-	Lemon Law 1-800-321-5366

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FORMl	I		STATEMENT OF		
Please print or type your name, mailing		FINANCIAL INTERESTS		
address, agency name, and position below:					
LAST NAME -- FIRST NAME -- MIDDLE NAME :			
MAILING ADDRESS :					

I

2017

FOR OFFICE USE ONLY:

CITY:	ZIP:			
				
NAME OF AGENCY :				
NAME OF OFFICE OR POSITION HELD OR SOUGHT	:		

COUNTY:

You

are

not

limited

to

the

space

on

the lines on

this

form.

Attach

additional

sheets,

if

necessary.

CHECK

ONLY

IF

0

CANDIDATE

OR

0

NEW EMPLOYEE

OR

APPOINTEE

****

BOTH

PARTS

OF

THIS SECTION MUST BE COMPLETED****

DISCLOSURE PERIOD:

THIS STATEMENT REFLECTS

YEAR OR ON A FISCAL YEAR.

YOUR FINANCIAL INTERESTS FOR THE PRECEDING	TAX		
			
PLEASE STATE BELOW WHETHER THIS STATEMENT IS		

YEAR, WHETHER BASED ON A CALENDAR FOR THE PRECEDING TAX YEAR ENDING

EITHER (must check one):

□

DECEMBER

31,

2017

OR

□

SPECIFY

TAX

YEAR

IF

OTHER THAN THE CALENDAR YEAR:

MANNER OF CALCULATING REPORTABLE	INTERESTS:	DOLLAR VALUES, WHICH REQUIRES	FEWER		
		THRESHOLDS THAT ARE ABSOLUTE				
FILERS HAVE THE OPTION OF USING REPORTING					

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	
{If you have nothing to report, write "none" or "n/a")	

to

the reporting person - See instructions]

NAME OF SOURCE

OF INCOME

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

PART B ••	SECONDARY SOURCES OF INCOME	
	[Major customers, clients, and other sources of income to	
	(If you have nothing to report, write "none" or "n/a")	

businesses owned

by

the

reporting

person

-

See

instructions]

NAME OF

BUSINESS ENTITY

NAME OF MAJOR SOURCES

OF BUSINESS'INCOME

ADDRESS

OF SOURCE

PRINCIPAL BUSINESS

ACTIVITY 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")		

CE FORM 1 - Effective: January 1, 2018	(Continued on reverse side)	
Incorporated by reference in Rule 34-8.202(1),	F.A.C.	

FILING INSTRUCTIONS for	when		
and where to file this form	are		
located at the bottom of page 2.		
INSTRUCTIONS on who must file	
this form	and how to fill it	out		
begin on	page 3.			
		PAGE	1	

PART D -

PART E -

INTANGIBLE PERSONAL PROPERTY [Stocks, bonds,

(If you have nothing to report, write "none" or "n/a")

TYPE OF INTANGIBLE

LIABILITIES	[Major debts - See instructions]

(If you have nothing to report, write "none" or "n/a")

NAME OF CREDITOR

certificates of deposit,

BUSINESS

etc. - See instructions]

ENTITY TO WHICH THE PROPERTY RELATES

ADDRESS OF CREDITOR

PART F -

INTERESTS IN SPECIFIED BUSINESSES  [Ownership or positions in certain types of businesses • See instructions]		
(If you have nothing to report, write "none" or "n/a")	BUSINESS ENTITY# 2		
BUSINESS ENTITY# 1			

NAME OF BUSINESS ENTITY

ADDRESS OF BUSINESS ENTITY

PRINCIPAL BUSINESS ACTIVITY

POSITION HELD WITH ENTITY

I OWN MORE THAN A 5% INTEREST IN THE BUSINESS

NATURE OF MY OWNERSHIP INTEREST

PART G -	TRAINING	F.S.		
For elected municipal officers required to complete annual ethics training pursuant to section 112.3142,			

□	I CERTIFY THAT I HAVE COMPLETED	THE REQUIRED TRAINING.		
				
IF ANY OF PARTS A THROUGH GARE CONTINUED ON A SEPARATE SHEET, PLEASE CHECK HERE		

□

SIGNATURE OF FILER:

Signature:

Date Signed:

CPA or ATTORNEY SIGNATURE ONLY		
If a certified public accountant licensed under Chapter 473, or attorney		
in good standing with the Florida Bar prepared this form for you, he or		
she must complete the following statement:		
I,	,  prepared  the  CE		
	in accordance with Section 112.3145, Florida Statutes, and the		
Form 1			
instructions to the form. Upon my reasonable knowledge and belief, the		
disclosure herein is true and correct.		
CPA/Attorney Signature:		

FILING INSTRUCTIONS:								
If you were mailed the form by the Commission on	Ethics or a County		
Supervisor of Elections	for your annual disclosure filing,  return the		
form to	that location. To	determine what category your position falls		
under, see page 3 of instructions.								
Local	officers/employees  file  with  the  Supervisor	of	Elections		
of the	county  in  which	they  permanently  reside.  (If	you  do	not		
permanently reside in Florida, file with the Supervisor	of the county		
where your agency has its headquarters.) Form 1 filers who file with		
the Supervisor of Elections may file by mail or email. Contact your		
Supervisor of Elections for the mailing address or email address to		
use. Do not email your form to the Commission on Ethics,	it will	be		
returned.											
State	officers	or  specified  state  employees	who	file	with	the		
Commission	on	Ethics	may file  by	mail or email. To		file	by mail,		
send the  completed  form  to  P.O.	Drawer 15709, Tallahassee,	FL		
32317-5709; physical address: 325 John Knox Rd, Bldg	E,	Ste 200,		
Tallahassee, FL 32303.	To file with the Commission by	email, scan		
your completed	form and any attachments as a pdf (do not use any		
other format)					.	Do not file	by		
	and send it to CEForm1@leg.state.fl.us						
both mail and	email. Choose only one filing method. Form 6s will not		
be accepted via email.									
CE FORM 1 - Elfect,ve: January 1, 2018.								
lnccrporated by reference in Rule	34-8.202(1), F.A.C.							

Date Signed:

Candidates file this form	together with their filing papers.	
MULTIPLE FILING UNNECESSARY: A candidate who files a Form	
1 with a qualifying officer	is not required to file with the Commission	
or Supervisor of	Elections.		
WHEN TO FILE:	Initially, each local officer/employee,	state officer,	
and  specified  state  employee  must file  within  30  days  of the	
date of his or her appointment or of the beginning of employment.	
Appointees who must be	confirmed by the Senate must file prior to	
confirmation, even if that	is less than 30 days from the date of their	
appointment.				
Candidates	must	file  at the same time  they	file  their	qualifying	
papers.					
Thereafter,	file by	July 1 following each calendar year in	which they	
hold their positions.			
Finally,  file	a final disclosure form  (Form  1 F)	within 60 days of	
leaving office or employment. Filing a CE Form 1F (Final Statement	
of Financial Interests) does not relieve the filer of filing a CE Form 1	
if the filer was in his or her position on December	31, 2017.	
				PAGE 2	

NOTICE

Annual Statements of Financial Interests are due July 1. If the annual form	is	
an automatic fine of $25 for each day late will be imposed, up to a maximum	
result in removal from public office or employment. [s. 112.3145, F.S.]		

not filed or postmarked by September	1,		
			
penalty of $1,500.  Failure to file also can		

In addition, failure to make any required disclosure	constitutes grounds for and		
following:  disqualification from being on the ballot, impeachment,	removal or		

may be punished by one or more of the

suspension from office or employment,

demotion, reduction

in

salary,

reprimand, or a civil penalty

not

exceeding

$10,000. [s.

112.317,

F.5.J

WHO MUST FILE FORM

1:

	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.				commission,	authority,	or		
	2)	Appointed	members		of	each	board,					
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.			Education,	members	of	the	State	Board		
	3)	The	Commissioner of								
of	Education,	the	Board of	Governors,	the		local	Boards	of	Trustees and		
Presidents of state	universities, and	the Florida Prepaid College	Board.	as		
	4)	Persons		elected		to	office		in		any	political	subdivision (such			
municipalities,	counties,	and	special	districts) and any person appointed to		
fill	a vacancy	in	such office,	unless	required		to file	Form 6.		councils,		
	5)	Appointed	members	of		the		following		boards,			
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.			appointed	member		of		a local government board	who  is		
	6)	Any									
required to file	a statement	of financial	interests	by	the	appointing authority		
or the enabling	legislation,	ordinance,		or resolution	creating the	board.			
	7)	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	$20,000	for	the	local governmental	unit.						
8)		Officers and	employees	of entities serving	as chief administrative		
officer	of a political	subdivision.						of charter	schools operated by a		
9)		Members	of governing boards				
city or	other public	entity.					of the Governor	or of a	Cabinet	member		
10)	Employees	in	the office						
who are exempt from	the	Career	Service System, excluding	secretarial,		
clerical,	and	similar positions.			in each state department,	commission,		
11)		The	following	positions				
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.	division:		
12)	The	following	positions	in	each  state	department or			
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	Public Defenders,	criminal		
13)	Assistant	State	Attorneys,					
conflict and civil regional	counsel,	and assistant	criminal	conflict	and	civil		
regional	counsel, Public	Counsel,	full-time stale	employees	serving	as		
counsel	or assistant	counsel	to a state agency, administrative	law judges,		
and hearing	officers.					or Director of a state	mental health	institute		
14)	The Superintendent					
established for training	and research	in the mental health	field, or any major		
state institution	or facility	established	for	corrections, training, treatment, or		
rehabilitation.		agency	Business	Managers,	Finance		and	Accounting		
15)	State										
Directors,	Personnel	Officers, Grant	Coordinators,	and purchasing agents		
(regardless of	title)	with power	to	make a purchase exceeding	$20,000.		
16)	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 Form):	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'sfinancial	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.								
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.									
CE FORM 1  Effective: January 1,	2018. Incorporated by reference	in Rule 34-8.202,	F.A.C.		

PUBLIC		RECORD:  The  disclosure	form	and	everything	
attached	to		it is	a public record.	Your	Social Security Number	
is	not	reffuired	and you should	redact	it	from	any documents	
you file. I	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.										
DISCLOSURE	PERIOD:	The	tax year	for	most individuals	
is	the	calendar	year	(January 1	through December 31). If	that	
is	the	case	for you,	then your	financial	interests	should	be	
reported	for	the	calendar year 2017; check that box.	If you	file	
your IRS	tax return based	on a tax year	that is	not	the calendar	
year,	you	should  specify	the dates of	your	tax	year in	this	
rortion of the form	and check the	appropriate	box.	This is the	
'disclosureperiod"	for your report.				
				PAGE3	

MANNER OF CALCULATING REPORTABLE INTEREST		values) or		
Filers have the option of reporting	based on either thresholds that are comparative (usually, based	on percentage			
					
		dollar values.  The instructions	on the following pages specifically	describe the different		
thresholds that are based on absolute					
						
		must use the type of threshold	you have chosen for each		
thresholds. Check the box that reflects the choice you have made. You				
						
part of the form. In other words, if you choose to report based on absolute dollar value thresholds,	you cannot use a percentage		
						
threshold on any part of the form.									

PART	A -	PRIMARY SOURCES	OF	INCOME							
	[Required bys.	112.3145(3)(b)1, F.S.]										
	Part A is	intended to require the disclosure of your	principal	sources	
of	income	during the	disclosure	period. You do	not have to disclose the	
amount of	income received, and	you need not list your public salary from	
serving	in	the position(s) which reguires you to	file this	form. The income	
of	your	spouse need	not be disclosed;	however, if there is joint		income	
to	you and your spouse from property	you	own	jointly	(such as		interest	
or	dividends	from a	bank	account	or	stocks),	you should	disclose	the	
source	of	that income	if it	exceeded the threshold.							
	Please	list in this part of the form	the	name, address,	and principal	
business activity of each source	of your income	which	exceeded	$2,500	
of	gross income received by	you	in your	own	name or	by any	other	
person	for your use or benefit.														
	"Gross	income"	means	the	same	as	it does	for	income	tax	
purposes,	even if the	income	is not actually	taxable,	such as		interest	
on	tax-free	bonds.		Examples	include:	compensation	for  services,	
income	from	business, gains	from  property	dealings, interest,	rents,	
dividends,	pensions,	IRA	distributions,	social security,	distributive	share	
of	partnership gross	income, and alimony,	but	not child support.					

a business	entity (a	corporation, partnership,	LLC, limited partnership,		
proprietorship,	joint venture, trust,	firm, etc.,	doing business	in Florida);		
and,																		
(2)	You received	more	than $5,000 of your	gross income	during	the		
disclosure period from that business entity.									
If your interests	and	gross income exceeded these	thresholds, then for	that		
business	entity	you	must	list	every source of income to the	business	entity		
which exceeded	10% of	the	business	entity'sgross income	(computed on		
the basis of the	business	entity'smost	recently	completed	fiscal year),	the		
source'saddress, and the	source'sprincipal business activity.						
Examples:																	
-	You	are	the sole	proprietor of	a dry cleaning business,	from	which		
you	received more	than	$5,000. 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	above thresholds. List each		
tenant of the mall that provided more than 10%					gross		
	of the partnership's			
income and	the tenant'saddress and principal	business activity.				

Examples:																								
-	If	you	were  employed	by	a	company	that	manufactures		
computers	and	received more than	$2,500, list	the	name	of the		
company, its address, and its principal	business	activity	(computer		
manufacturing).																						
-	If	you were	a partner	in	a	law firm	and your	distributive	share		
of partnership gross	income	exceeded	$2,500,	list the name of the		
firm,	its address, and its	principal	business activity (practice of law).		
-	If	you were	the	sole		proprietor of a	retail gift	business and your		
gross income	from	the business exceeded	$2,500, list the name of		
the	business,	its address,	and	its principal	business	activity	(retail		
gift	sales).																								
-	If you received	income from investments in		stocks	and bonds,		
list	each individual		company	from which	you	derived	more than		
$2,500. Do	not	aggregate	all of your investment	income.					
												
-	If more	than	$2,500	of	your	gross	income was	gain from the sale		
of property	(not	just	the	selling	price), list as a source	of income the		
purchaser'sname,		address	and	principal	business activity.	If the		
purchaser'sidentity	is	unknown,	such	as	where securities	listed		
on	an exchange are sold	through a brokerage		firm,	the	source	of		
income should	be listed	as	"sale	of	(name	of company)	stock,"	for		
example.																								
-	If more	than $2,500	of	your	gross	income		was	in	the form	of		
interest from one particular financial	institution (aggregating interest		
from	all CD's,accounts,	etc., at that	institution),		list the	name of the		
institution, its	address,	and its	principal	business activity.					

PART 8	-		SECONDARY SOURCES OF INCOME		
	[Required bys. 112.3145(3)(b)2,	F.S.]						
	This	part	is intended to require the disclosure of major customers, clients,	
and	other	sources of income	to businesses in	which	you	own an interest.	
It is	not for	reporting income	from second jobs. That kind	of	income should	
be reported	in	Part A "Primary Sources	of Income," if	it meets the reporting	
threshold.	You will not have	anything to	report	unless,	during	the disclosure	
period:												
	(1)  You	owned (either	directly or indirectly	in the form	of	an equitable	or	
	beneficial interest) more than 5% of the total assets or	capital stock	of	

PART C -	REAL	PROPERTY						
	[Required bys.	112.3145(3)(b)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		
				value. You are	not		reguired to list		
period in excess of 5% of the property's	if	you		derive income		
your	residences. You	should list any vacation homes						
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	bys. 112.3145(3)(b)3,	F.S.]											
	Describe	any	intangible	personal	property that,	at any time during the		
disclosure	period,		was	worth	more	than $10,000	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	Investment	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, CDs		
and	savings accounts with	the same	bank.	Property owned	as tenants	by		
the entirety	or	as	joint tenants with	right of	survivorship should	be	valued	at		
100%. The value	of a leased vehicle	is the	vehicle'spresent value minus the		
lease residual (a number found on	the	lease			.								
			document)								

CE FORM

1 - Effective: January

1,

2018.

Incorporated

by

reference

in

Rule 34-8.202, F.A.C ..

PAGE4

PART	E -	LIABILITIES															
[Required	bys.	112.3145(3)(b)4, F.S.]													
List the	name	and address of each creditor to whom you	owed	more	
than $10,000 at	any	time	during	the disclosure	period. The	amount	of	the	
liability	of	a	vehicle	lease is  the	sum of	any	past-due	payments	and	all	
unpaid	prospective	lease	payments. You	are not	required	to	list	the	amount	
of any	debt.	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,	then it is not a	
contingent liability.																			
PART F-	INTERESTS	IN SPECIFIED BUSINESSES								
[Required	bys.	112.3145(5),	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	must	make	this disclosure if you own	or owned	(either directly	or	
indirectly in	the form	of	an equitable	or beneficial	interest) at any lime	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 bys.	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	II,	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 Dollar Value Thresholds Instructions.)			

PART A -	PRIMARY SOURCES	OF	INCOME					
[Required bys. 112.3145(3)(a)1, F.S.]									
Part A	is	intended	to	require		the	disclosure of your principal		
sources of income	during	the	disclosure	period.	You do	not	have to		
disclose	the	amount of	income	received, and you need	not list your		
public salary received	from	serving	in	the	position(s)	which	requires		
you  to	file	this  form,	but	this		amount	should  be	included  when		
calculating your gross	income	for	the disclosure	period.	The income of		
your spouse need not	be disclosed;	however, if there	is	joint income to		
you and	your spouse from property	you	own jointly (such	as interest or		
dividends	from a bank	account or	stocks),	you should	include all of that		
income when calculating your gross income	and	disclose	the source of		
that income	if	it	exceeded the	threshold.										
Please	list	in this part of	the	form the	name,	address,	and	principal		
business activity of	each source	of your income	which	exceeded 5%		
of the gross	income	received by	you	in your own		name	or	by any other		
person for your benefit or use	during	the disclosure period.			
"Gross	income"	means	the  same	as  it	does	for	income  tax		
purposes,	even	if the	income	is	not actually taxable,	such as interest		
on  tax-free	bonds.	Examples	include:	compensation	for  services,		
income	from business,	gains	from	property dealings, interest, rents,		
dividends,	pensions,	IRA	distributions,  social		security,  distributive		
share of partnership gross	income,	and	alimony,		but not child	support.		
Examples:																						
-	If	you	were	employed		by	a	company  that	manufactures		
computers	and	received more than 5%	of your gross income from		
the	company, list the	name	of	the	company, its	address, and its		
principal																			.			
	business activity (computer manufacturing)				
-	If	you	were	a partner	in	a law firm	and your distributive share		
of partnership	gross income	exceeded	5%	of your gross	income,		
then	list	the  name  of	the	firm,	its  address,	and	its	principal		
business activity (practice of	law).											
-	If	you	were the	sole	proprietor of a retail gift business and		
your gross	income	from	the	business exceeded	5%	of your total		
gross income,	list the	name	of	the	business, its address,	and its		
principal business activity (retail gift	sales).								
-	If	you	received  income	from	investments	in	stocks  and		
bonds,	list each	individual	company	from	which  you	derived		
CE FORM 1	Effective: January 1, 2018. Incorporated	by	reference	in Rule 34-8.202, F.A.C.		

more	than 5% of your gross	income. Do not aggregate all of your	
investment	income.								
-	If more	than	5% of your	gross income	was gain from the sale	
of property	(not	just the	selling price),	list	as a source of	income	
the	purchaser'sname,	address, and	principal business	activity.	
If the	purchaser'sidentity is unknown, such as where	securities	
listed	on an	exchange	are	sold  through	a brokerage	firm, the	
source	of income should be	listed as "sale of (name	of	company)	
stock," for example.								
-	If	more	than	5%  of your gross income was in	the	fonm  of	
interest	from	one  particular  financial  institution  (aggregating	
interest	from	all	CD's,accounts, etc.,	at that institution), list the	
name	of the	institution,	its	address,	and	its principal	business	
activity.												

PART B -	SECONDARY SOURCES OF INCOME				
[Required bys. 112.3145(3)(a)2,	F.S.]							
This part is intended	to require the	disclosure of major customers,	
clients,	and	other sources of	income to	businesses	in	which	you	own	
an interest.	It is not	for reporting	income	from second	jobs.	That	kind	
of income	should	be	reported	in	Part A,	"Primary Sources of	Income,"	
if it meets	the	reporting	threshold. You	will not have	anything	to	report	
unless	during the disclosure	period:										
(1)	You	owned  (either	directly	or	indirectly in	the form	of an	
equitable	or	beneficial interest)	more	than 5% of	the	total	assets or	
capital	stock	of a business entity (a corporation, partnership,	LLC,	
limited	partnership, proprietorship, joint venture,	trust, firm,	etc.,	
doing business	in Florida); and,										
(2)	You received	more than 10% of your gross	income	from	that	
business entity;	and,														
(3)	You	received	more	than	$1,500 in gross	income	from	that	
business	entity.																
If your interests	and gross income exceeded these thresholds,	then	
for that business entity	you	must	list every source	of	income	to the	
business	entity	which	exceeded	10%	of the business	entity'sgross	
income (computed		on	the basis	of the	business entity'smost recently	
completed	fiscal	year),	the  source's address,  and	the	source's	
principal	business	activity.													
																			PAGE5	

Examples:

PART

E -	LIABILITIES

-	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	bys.	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%												.		You		
			of the property'svalue					
are	not reguired to list your residences.	You	should list 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	bys.	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 Planthat. Note			the product contained		
in	a brokerage account. IRA. or the Florida College Investment	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'sand 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.																								

	[Required	bys.	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 bys. 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	bys. 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 II,	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.)		

CE FORM

1	- Effective: January	

1,

2018. Incorporated by reference in Rule 34-8.202, F.A.C.

PAGE 6

North

Community

Powerline Road

Development District

Review

of

District

Contact

List

North Powerline Road Community Development District

Distribution List

District Board of Supervisors

Rennie Heath,

346	East Central Avenue Winter Haven, FL 33880 Phone: 863.508.1070

	Email:rheath@cassidyhomes.com

Lauren Oakley Schwenk,

346 East Centralu Aven e

Winter Haven, FL 33880

Phone:	863.324.3698 Ext. 229

Email:	loakley@cassidyhomes.com

Phillip Allende

346 East Central Avenue

Winter Haven, FL 33880

Phone:	863.324.3698 Ext. 232

Email:	pallende@cassidyhomes.com

Andrew Rhinehart

346 East Central Avenue

Winter Haven, FL 33880

Phone:	863.324.3698 Ext. 261

Email:	andrewr@cassidyhomes.com

Kevin Chinoy

346 East Central Avenue

Winter Haven, FL 33880

Phone:	863.324.3698 Ext.

Email:	kevin@freestyle-la.com

District Manager/Financial Advisor

Fishkind and Associates, Inc.

12051 Corporate Blvd.

Orlando, FL 32817

Fax: 407.382.3254

Phone: 407.382.3256

Kevin Plenzler

kevinp@fishkind.com

Jane Gaarlandt

janeg@fishkind.com

Monica Sutera, District Accountant monicas@fishkind.com

District Counsel

Hopping Green & Sams

119 South Monroe St.

Tallahassee, FL 32314

Phone: 850.222.7500

Sarah Warren

sarahw@hgslaw.com

Sarah Sandy

SarahS@hgslaw.com

District Engineer

Dennis Wood Engineering LLC

1925 Bartow Road

Lakeland, FL 33801

Phone: 863,940.2040

Dennis Wood

denniswoodenqineering@gmail.com

North

Community

Powerline Road

Development District

Resolution 2018-01,

Appointing

District

Officers

	RESOLUTION 2018-01				
A	RESOLUTION   ELECTING	THE   OFFICERS   OF	THE	NORTH		
			DEVELOPMENT DISTRICT, POLK		
POWERLINE ROAD COMMUNITY			
					
COUNTY, FLORIDA						

WHEREAS,	the

"District") is a local unit of

190, Florida Statutes; and

North

special

Powerline	Road	Community	Development	District	(the

purpose government created and existing pursuant to Chapter

WHEREAS,  the  Board

Officers of the District.

of

Supervisors

of

the  District  ("Board")  desires  to  elect the

NOW,   THEREFORE,	BE	IT	
SUPERVISORS   OF	NORTH	
DEVELOPMENT DISTRICT:		

RESOLVED

POWERLINE

BY	THE

ROAD

BOARD	OF

COMMUNITY

Section

1.

The following persons are elected to the offices shown:

Chair

Vice Chair

Secretary

Assistant Secretary

Assistant Secretary

Assistant Secretary

Assistant Secretary

Assistant Secretary

PASSED AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road

Development District

Designating

Resolution 2018-02,
Treasurer and Assistant

Treasurer

RESOLUTION	2018-02	
A  RESOLUTION  OF  THE  BOARD  OF  SUPERVISORS  OF  NORTH	
POWERLINE   ROAD   COMMUNITY	DEVELOPMENT   DISTRICT	
DESIGNATING A TREASURER AND ASSISTANT TREASURER OF THE	
DISTRICT, AND PROVIDING FOR AN EFFECTIVE DATE	

WHEREAS,

"District") is  a local

Statutes,190,Florida

WHEREAS,

WHEREAS,

Treasurer.

North Powerline Road Community Development District (hereinafter the		
unit of special-purpose government	created and existing pursuant to Chapter		
					
being situated entirely within Polk County, Florida; and				
the Board of Supervisors of the District desires to appoint a Treasurer;	and		
			
the  Board of Supervisors  of the  District desires to  appoint	an Assistant		

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS

OF NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT:

Section

1.

____________

is appointed Treasurer.

Section

2.

____________

is

appointed Assistant Treasurer.

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

PASSED AND ADOPTED THIS 20TH DAY OF JUNE, 2018.

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

CHAIRPERSON

ATTEST:

ASSISTANT SECRETARY

North

Community

Powerline Road

Development District

ResolutionAppointing2018-03,

District

Manager,

Assessment

Consultant,

and

Investment

Representative

•

District Management

Advisory Proposal

and Financial

				RESOLUTION 2018-03						
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH		
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT		
APPOINTING AND FIXING THE COMPENSATION OF THE DISTRICT		
MANAGER; APPOINTING A REGISTERED FINANCIAL ADVISOR IN		
CONTEMPLATION  OF  THE  ISSUANCE  OF  SPECIAL  ASSESSMENT		
BONDS;	APPOINTING	A	DESIGNATED	INVESTMENT		
REPRESENTATIVE  TO   ADMINISTER  INVESTMENT   DIRECTION		
WITH   REGARD   TO   DISTRICT   FUNDS;   AND   PROVIDING   AN		
EFFECTIVE DATE												
WHEREAS,	the	North		Powerline  Road  Community  Development  District  (the		
									and existing pursuant to Chapter		
		created-purpose government			
"District") is a local unit of special		entirely within Polk County, Florida; and			
190, Florida Statutes, being situated				
										
WHEREAS, the Board of	Supervisors of the District (the "Board")	must employ and fix		
					
compensation of a District	Manager; and								
													
WHEREAS,  the	Board  desires	to  appoint  a Registered	Financial	Advisor  to  advise		
						
				and other financing methods for		
regarding the proposed issuance	of	special assessment bonds			

District improvements; and												
WHEREAS, the Board desires	to  appoint an Investment Representative to  direct and		
advise on the investment	of District	funds including, but not limited to, directing the assigned		
Trustee; to invest District funds consistent with any and all Indentures and to maximize return;		
and														

WHEREAS,	the Board has determined	that the		
				
Advisor and Investment Representative is necessary; and		

appointment

of

a Registered Financial

WHEREAS,  the

Advisor, and Investment

Board  desires

Representative,

to

and

appoint  a  District  Manager,  Registered  Financial

to provide compensation for their services.

NOW,   THEREFORE,   BE   IT   RESOLVED   BY   THE   BOARD   OF	
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD  COMMUNITY	
DEVELOPMENT DISTRICT:		
Section 1.   Fishkind & Associates, Inc.,  is  appointed as  District	Manager, Registered	
Financial Advisor, and Designated Investment Representative and shall be compensated for their	
services  in  such capacity  in the  manner prescribed  in the  agreement incorporated herein by	
reference as Exhibit A.		

Section 2.

This authorization shall be continuing in nature until revoked by the District.

Section

3.

This Resolution shall become effective immediately upon its adoption.

AND	PASSED

ATTEST:

ADOPTED this 20th day of June, 2018.

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretary/Assistant Secretary

Exhibit A:	District Manager Fee Agreement

Chairperson,

Board

of

Supervisors

FISHKIND

&

ASSOCIATES

ONOM!C

O	S

AN

S

DISTRICT MANAGEMENT AGREEMENT

1.0	Scope of Work	

I.

General Management Services

General Consultation, Meetings, and District Representation					
The Manager shall organize	the COD	meetings. This includes, but is not limited		
to,  providing  the  agenda  and  Board  packages,  scheduling,  notification,		
publication and related matters.  The service to be provided shall also include,		
but not be  limited  to  planning,	scheduling,  production  and  quality control,		
	of various professional service elements.		
coordination, and administration			
								
The manager shall prepare	and submit to the District'sBoard	of Supervisors a		
						
proposed annual budget and administer the adopted budget of the district.		
As the District'sManager, we will consult with the District Board of Supervisors		
and its designated representatives, and when necessary, participate	in such		
meetings, discussions, project site visits, workshops, and hearings as may		
pertain to the administration,	accomplishment and fulfillment of the professional		
services with regard to the projects and general interest of the District.			
The Manager shall consult with and advise the District	on matters related to the		
operation and maintenance of the District'sworks and ensure compliance with		
all statutes and applicable law affecting the District. The Manager will maintain		
the District'swebsite in	compliance	with applicable law and ensure an e-mail		
system is in place which provides	a separate "COD e-mail address" for all Board		
members with an archiving system which will allow the Manager to respond to		
public records requests	and maintain e-mails in compliance	with applicable		

records retention law.											

II.

Accounting Services

The Manager shall define	and implement an integrated	management reporting		
				
system which will allow the District to represent fairly and with full disclosure		
the financial  position  of the  District.   Monthly financial  statements will  be		
provided in addition toyear	end audited financial statement.  These services		
will be coordinated with the District'sauditors	to	assure a smooth and efficient		
	.					
audit of the District'sbooks					

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

2.0

2.1

Ill.	Minutes and Records						
Define  and  implement  a  system  of  record  management  for  the  District,		
including a concise and accurate record of the official actions of the Board of		
Supervisors and any appointed boards or committees.				
IV.	Annual Assessments, Lien Book Maintenance and Dissemination Agent		
The Manager shall maintain the Tax Roll for the District and coordinate and		
report to the Tax Assessor	and Tax Collector for the jurisdiction	in which the		
District exists.						
The Manager will administer the District'sAssessment Methodology during		
platting and maintain the District'sLien Book and release of liens at closings.		
The Manager will provide dissemination services for all District debt issues as		
required by the MSRB and other regulatory agencies.				
Fee Proposal						
Compensation						
The table below outlines the minimum management fees.  The fees depend		
upon the type of district, the website selected, and the numberdebtof	issues		
outstanding for the District.  Fees are reviewed and adjusted annually pursuant		
to the District'sbudget process.	Our fees include all normal and	usual costs		
					
for things such as copying, travel, and telecommunications.				
	Type of District		Management				
			Fee				
							
	Inactive		$5,000				
	Developer Control		$20,000				
	Resident Control		$40,000				
	Website		Set Up	Annual		
	Minimum		$2,000	$1,500		
	Standard		$3,000	$2,500		
	Deluxe		$5,000	$5,000		
	Lien Book, Tax Roll, and		Amount				
	Dissemination Agent						
	Base Fee		$5,000				
	Fee per debt issue		$7,500				

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256 FAX

(407)

382-3254 Email homeoffice@fishkind.com

3.0

3.1

3.2

General Provisions							
District Manager Not to Participate as Underwriter					
The  District Manager is  precluded	from  being an	underwriter	of any	debt		
				in the		
obligations issued by the District	and shall not participate, in any manner,			
initial syndication for the issuance of any of the District'sdebt obligations.		
Termination of Relationship							

	The District has the right to	terminate	this Agreement for "good cause" which		
	shall include misfeasance, malfeasance, nonfeasance or dereliction of duties		
	by the District Manager.  Termination for "good cause"	shall	be effected	by		
	provision of a minimum	of	ten (10) days written notice	to	District Manager.		
	Either party hereto shall have the right to terminate	the relationship between		
	the  District  and  the  District  Manager,  at  any  time  and		for  any	reason		
	whatsoever, upon the District providing a minimum of thirty (30) days advance		
	written notice to the District Manager and the District	Manager providing	a		
	minimum of sixty (60) days advance written notice of intention	to terminate.  All		
	notices shall be mailed to the person and address specified for use in the giving		
	of notice, in paragraph 3.10, hereof.  Should the relationship	be terminated,	all		
	work product produced by the District	Manager, to the date of termination,	shall		
						
	be the sole property of the District.	The District Manager'sfee	shall be	prorated		
				by the	District.		
	according to the amount of work completed as determined				
	Finally, the District Manager	shall	be entitled to all expenses not reimbursed	as		
	of the notice of termination.														
3.3	Disclaimer of District Manager													

3.4

The District acknowledges that the District Manager	is not an attorney and may		
not render	legal  advice  or	opinions.	Although  the  District Manager may		
participate	in	accumulating	information necessary for documents required by		
the District	to	finalize any particular	financing, such information	shall be verified		
								
by the District as to	its correctness;	provided, however, that the District shall		
not be required	to verify	the correctness of any information originated by the		
District Manager or the correctness of any information originated by the District		
Manager which the District	Manager has used	to	formulate	its opinions and		
								
advice given to	the District.														
Attorney Fees and Governing	Law											
												
In  the  event	either	party		is	required	to	take	any  action	to  enforce	this		
Agreement, the prevailing	party shall be entitled	to	attorney'sfees and costs,		
			incurred	in	determining  entitlement	to	and		
including	fees	and	costs								
					and costs.  This Agreement shall be interpreted		
reasonableness of such fees			
in accordance with and shall be governed by the laws of the State of	Florida.		

3.5	Indemnification											
	The  District	Manager agrees	to	indemnify,	defend,		and	hold  the  District		
	harmless  from  and	against	any  and  all  claims,  actions,  suits,  demands,		
			asserted  and	any  and	all	losses,	liabilities,		
	assessments	or  judgments							
									
			and	expenses, including	attorney'sfees, that the		
	damages, costs, court costs,					

12051

Corporate

Blvd., Orlando,

Florida

32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

3.6

3.	7	

District may hereafter incur, become responsible for, or be caused to pay out		
												intentionallyand/or					wrongful		
arising out of or relating	to the negligent, reckless											
		District	Manager. The indemnification provided for		
acts or omissions	of	the				
							any other rights	to which the District		
herein shall not be deemed	exclusive of				
					has ceased	to be		
may be entitled and shall continue after the District Manager				
								
engaged under this Agreement.																		
Nothing herein shall	be construed	to	limit the	District'ssovereign	immunity		
						or	other		
					768.28,  Florida		Statutes					
limitations of liability	provided	in	section								
													
applicable law.																									
Insurance																									
The  District  Manager  shall	provide	and	maintain	the  following	levels  of		
insurance coverage at all times	subsequent to	the execution	of	this Agreement:		
																			
a) Worker'sCompensation	insurance to cover full liability under worker's		
							to time in	Florida.						
compensation laws	in	effect from time					dollars		
b) General	Liability		insurance	with	limit	of	one	million				
																		
($1,000,000.00) per each occurrence.			one	million	dollars		
c) Professional  Liability  insurance  with  limit  of					
						
($1,000,000.00) per each occurrence.												
d) Employment  Practices  Liability insurance with  limit  of two  million		
dollars ($2,000,000.00) per each occurrence.	two	million		dollars		
e) Commercial		Crime	insurance		with	limit	of						
														
($2,000,000.00) per each occurrence.												
f)  Comprehensive Automobile Liability insurance for all vehicles used		
by the Consultant'sstaff, whether owned or hired, with a combined		
single limit of one million	dollars ($1,000,000.00).									
																		
The District (and its staff,	consultants,	and supervisors as applicable) will be		
listed as additional insureds	on	the General Liability and Automobile	insurance		
								
policies  described  above.   The  District  (and  its  staff,  consultants,  and		
supervisors as applicable) will be listed as a joint loss payee on the Commercial		
Crime insurance.  None of the policies	above may be canceled during the term		
of this Agreement (or otherwise	cause the District to not be named	as an		
				
additional insured or joint loss payee where applicable) without sixty (60) days		
written notice to the District.	District Manager will furnish the District with a		
Certificate  of  Insurance	evidencing  compliance  with  this  section  prior  to		
																						
Agreement commencement and upon request.												
Time of the Essence																								
The District and the District	Manager agree that time is of	the essence		and that		
							
the services of the District	Manager shall be performed expeditiously.					

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

3.8	Term of This Agreement	
	This Agreement shall  renew automatically unless terminated  by either the	
	District or the Manager.	
3.9	Entire Agreement	
	This Agreement constitutes the entirety of the terms and conditions of the	
	agreement  between  the  parties  for  District  Management  services.   Any	

amendment or change to this Agreement shall
all parties to the Agreement.

be

in

writing

and

executed by

3.10	Notices		
	All notices, requests,	
	or expedient shall	be	

or

in

authorizations which may from time to time

writing and shall be delivered or mailed as

be required
follows:

3.11

3.12

District:					North	Powerline COD									
						12051	Corporate Blvd.									
						Orlando, Florida 32817									
District Manager:			Fishkind & Associates, Inc.							
			12051	Corporate Blvd.									
																
						Orlando, Florida 32817									
Authority to Execute																		
Each of the parties hereto covenant to the other that it has the lawful authority		
to enter into this relationship, that the governing or managing body of each		
party has approved this relationship and has similarly authorized the execution		
of this Agreement.																			
Public Records Disclosure																	
District	Manager	understands and  agrees that all		documents	of	any kind		
provided to the	District	in	connection  with  this Agreement may	be	public		
records, and, accordingly, District Manager agrees to comply with all applicable		
provisions of Florida law in handling	such records, including but not limited to		
		Consultant		acknowledges	that  the		
Section	119.0701,	Florida	Statutes.						
designated public records custodian for the District	is	Fishkind &	Associates,		
						. Among other requirements	and to the extent		
Inc. ("Public Records Custodian")							and	maintain	public		
applicable by law,	the District	Manager shall  1) keep					
records required by the District	to perform the service;	2)	upon request	by the		
							
Public	Records	Custodian,	provide  the  District with	the	requested  public		
records or allow the records	to be inspected or copied	within a reasonable time		
			in	Chapter	119, Florida		
			the cost provided					
period at a cost that does not exceed						
									
Statutes; 3) ensure that public	records which are exempt or confidential, and		
exempt from public records disclosure requirements, are not disclosed except		
as authorized by law for the duration of the Agreement term	and following	the		
Agreement term	if the District Manager does not transfer the records to the		
Public	Records	Custodian	of	the  District;  and	4)		upon	completion	of the		
								records	in	District		
					at	no cost,	all		public					
Agreement, transfer to the District,										
						and	meet all applicable		
Manager'spossession or, alternatively, keep, maintain				

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

requirements for retaining public records pursuant to Florida laws.  When such		
public records are transferred by the District Manager, the District Manager		
shall destroy any duplicate public records that are exempt or confidential and		
exempt  from  public  records  disclosure  requirements.	All  records  stored		
electronically must be provided to the District in a format that is compatible	with		
			
Microsoft Word or Adobe PDF formats.				

In	witness  whereof,  the  parties	hereto  have  executed  this  Agreement,		
duplicate, this ___ day of ____	, 2018.		
			
	Board of Supervisors:		

in

North Powerline Road Community Development District

Sign-------------------

Print

Name

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

Fishkind

&

Associates, Inc.

Hank Fishkind, Ph.D., President

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256 FAX

(407)

382-3254 Email homeoffice@fishkind.com

FISHKIND
&	ASSOCIATES
ECOMOM I C	( CJNSULIANl:i

FINANCIAL ADVISORY AGREEMENT

1.0	Registration as a Municipal Advisor

Fishkind & Associates, Inc. ("FA" or "Advisor") is a registered Municipal Advisor pursuant to Section 158 of the Securities Exchange Act and rules and regulations adopted by the United States Securities and Exchange Commission ('SEC") and the Municipal Securities Rulemaking Board ("MSRB") License Number K1055. As such, FA is bound by the SEC's Municipal Advisor Rule that imposes a: (a) registration regime upon municipal advisors, i.e., firms that give advice to municipal entities, such as community development districts, and (b) fiduciary duty upon municipal advisors that give advice to municipal entities.

FA also must comply with the requirements of the Dodd-Frank Wall Street Reform and Consumer Protection Act. As part of our registration FA is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving FA. Pursuant to MSRB Rule G-42, FA is required to disclose any legal or disciplinary event that is material to the District's evaluation of FA or the integrity of its management or advisory personnel. FA has determined that no such event exists. Copies of FA'sfilings with the SEC can currently be found by accessing the SEC'sElectronic Data Gathering, Analysis, and Retrieval ("EDGAR") system Company Search Page which is currently available at https://www.sec.gov/edgar/searchedgar/companysearch.html.

In addition, G-42 requires FA to disclose in writing all material conflicts of interest. FA is not aware of any conflicts of interest related to this engagement.

2.0	Scope of Work

2.1	Municipal Advisor Role

The Municipal Advisor is engaged as a recognized independent expert whose primary responsibility is to give objective fiscal advice on the structure and issuance of any debt under state and federal securities law.

l 2051 Corpora le Blvd .. Orlando, Florido 32817 ( '107)382-3256 FAX (407) 382-3254 Email homeoffice@fishklnd.com

2.2	Specific Advisory Services	
	We will provide the following services.	

a.

b.

c.

d.

Formulation	of	the  District's	assessment  methodology  or  similar	
security  for  the  debt  including  consultation  with  the  District's	
underwriter, bond counsel, district counsel, and consulting engineer.	
Assistance	to	the  District  and  its  underwriter	in	developing  the	
financing plan for the District'sfunding of its infrastructure.	
Recommendations  as to the appropriate financial  structures for the	
proposed financings, as requested.			
Advice on terms and features of bonds, the timing of marketing of bond	
issues and the analysis of market conditions as they relate to bond	
sales.						

e.

f.

g.

h.

i.

j.

k.

I.

m.

n.

Assistance with the District'sunderwriter	in	the review and preparation		
of cash flow forecasts for proposed  issues addressing  debt service		
requirements and sources of funding.													
Assistance, as requested,  in the preparation	of financing schedules,		
bond documents, inter local agreements and official statements.			
Assistance	in	negotiations  with  the  underwriter	regarding	the		
underwriter'sgross spread (bond discount).									
Assistance,	with	the	District's underwriter,		regarding	any	interim		
financing, if necessary or desirable.														
Advice to the District, if requested,	on	the selection of a trustee, paying		
agent and other financial intermediaries.										
Assistance in the proceedings for the validation	of the District'sbonds,		
the preparation of materials in support	of validation, and determination		
of the validation amount as requested.												
Assistance to	the	District with regard		to the sale of its bonds by the		
underwriter,	including	an analysis	of		the	proposed  interest rate	and		
other factors affecting the sale.															
Assistance	with	the	District's bond			closing,		including	the	printing,		
signing and delivery of the District'sbonds	and the transfers of moneys		
to the District by the underwriter.															
Calculation	of	the  preliminary	and		final	assessment		rolls	or	their		
																	
equivalent.																			
Assistance to the District in investing	the proceeds of any debt offering		
as requested.																		

12051

Corporate

Blvd.,

Orlando,

Florida 32817	(407)	

382-3256

FAX

(

407)

382-3254 Email homeoffice@fishkind.com

3.0

3.1

o.	Attendance	at all necessary meetings	as	determined by the District		
						
	Manager.					
Compensation					
General Considerations and Avoidance of Conflicts of Interest		

	There  are  several  potential  conflicts  of  interest  that  may  apply  to  our		
	engagement with you concerning compensation.		For example, fixed fees or		
	"lump sum" compensation represents a potential conflict of interest, because		
	if	the  transaction  requires  more  work  than  originally  contemplated,  the		
	financial advisor may suffer a loss.	Thus, the advisor may recommend less		
	time-consuming alternatives,	or fail to do a full analysis	of alternatives.	Fees		
													
	based upon the par amount of debt presents a conflict of interest, because		
	the advisor may have an incentive to advise the client to increase the size of		
																														.		
	the securities issue for the purpose of increasing the advisor'scompensation		
	Contingent fees create a potential conflict of interest because the advisor may		
	have an incentive	to	recommend unnecessary financings or financings that		
			to	the client.	When	facts or circumstances arise that		
	are disadvantageous						
											an advisor may have		
				to	be delayed or fail to close,			
	could cause the financing					
				of	such		facts	and		
					a		full	consideration								
	an	incentive	to	discourage												
																									
	circumstances.																													
3.2	Fee Proposal and Budget																								
	FA'splan to mitigate conflicts of interest regarding compensation	is to charge		
	for our services	on a time	and	expense basis	at our standard rate of $450 per		
	hour.  Reasonable out-of-pocket expenses incurred by the Advisor	in		the			
	performance of his duties	shall be	billed and paid		on a pro rata monthly	basis		
									
			112.061, Florida Statutes.												
	in	accordance with Section													
																									
	We propose a not-to-exceed budget of $1,000 for this engagement	based on		
	our estimate for the cost of the work involved	in	rendering financial	advisory		
								
	services on a routine	basis.  We will bill hourly against this budget.							
																											
	Should the work expand beyond the budget, we will notify you promptly with		
	documentation		supporting	a proposed	budget	increase.	Such		expansions		
	would	include:	(a)	developing	assessment		methodologies,	(b)	crafting		
													.		
																								
	financing strategies, and (c)																						
		managing the issuance of any debt obligations		
																				fee	and expenses will be		
	In	such circumstances,	we expect that the Advisor's				Therefore,	the		
					of		the	District's debt	issuance.					
	paid	from  the		proceeds											
	payment of our fees and expenses for any expansion of our routine financial		
	advisory services	will be		deferred	until	the later of the time	when:	(a)	the		
															
	District closes		on	a debt issuance or (b)	the District	defers or abandons its		
	issuance of debt.  However, our fees are not contingent upon the District's		
	issuance of debt.																											

12051

Corporate

Blvd., Orlando,

Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

4.0

4.1

4.2

General Provisions								
Advisor Not to Participate	as Underwriter						
								
The Advisor is precluded		from being an	underwriter	of any debt obligations		
					the initial		
		shall not participate,	in any manner, in			
issued by the District and					
syndication for the issuance of any of the District'sdebt obligations.	However,		
the Advisor my act as a placement	agentdebtfor	obligations.		
				
Termination of Relationship				

	The District has the right to terminate this Agreement for "good cause" which		
	shall include misfeasance, malfeasance, nonfeasance or dereliction of duties		
	by the Advisor.  Termination	for "good cause" shall	be effected		by provision of		
									
				notice to Advisor.  Either party hereto shall		
	a minimum of ten (10) days written			
		relationship  between  the  District  and  the		
	have the  right to  terminate  the			
	Advisor,  at  any  time  and	for	any  reason	whatsoever,	upon  the	District		
	providing a minimum of thirty (30) days advance written notice to the Advisor		
	and the Advisor providing	a minimum  of sixty  (60)  days advance written		
	notice of intention to terminate.	All notices shall be	mailed	to	the person and		
	address specified for use	in the giving	of notice,	in	paragraph	4.10,	hereof.		
	Should  the  relationship	be	terminated,	all	work	product	produced	by the		
											of the	District.		
							shall be	the sole property				
	Advisor, to the date of termination,						
								
			according	to  the	amount  of  work		
	The  Advisor's fee  shall		be  prorated					
			by the District.  Finally, the Advisor	shall be	entitled		
	completed as determined						
										
					as	of the notice of termination.							
	to all expenses not reimbursed									
																
4.4	Disclaimer of Advisor																		

4.4

The District acknowledges	that the Advisor	is not	an attorney	and	may not		
			Although	the	Advisor may participate	in		
render legal	advice	or opinions.						
accumulating information necessary for documents	required by the District to		
finalize  any	particular financing,	such		information  shall	be	verified	by	the		
									be		
			however, that the District	shall not			
District as to	its correctness;	provided,					
										
required to verify the correctness of any information originated by the Advisor		
or the correctness of any information originated  by the Advisor which the		
Advisor has used to formulate its opinions	and advice given to the District.				
Attorney Fees and Governing	Law																	
																		
In  the  event  either	party	is	required		to  take	any  action	to		enforce	this		
											costs,		
		party shall be	entitled	to	attorney'sfees and			
Agreement, the prevailing							
		incurred	in	determining	entitlement	to	and		
including  fees	and	costs								
reasonableness of such fees	and	costs.		This Agreement shall	be interpreted		
in accordance with and shall be governed	by the laws of the State of Florida.		

12051

Corporate

Blvd., Orlando,

Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

4.5	Indemnification																				
	The Advisor agrees to indemnify, defend, and hold the District harmless from		
	and  against any and  all  claims,  actions,  suits,  demands,  assessments  or		
	judgments asserted and any and all losses, liabilities, damages, costs, court		
	costs, and expenses, including attorney'sfees, that the District may hereafter		
	incur,  become  responsible	for,  or	be	caused to pay out arising  out of or		
	relating	to	the  negligent,	reckless	and/or  intentionally  wrongful  acts  or		
	omissions of the Advisor. The indemnification provided for herein shall not be		
	deemed exclusive of any other rights to which the District may be entitled and		
	shall  continue  after  the  Advisor	has	ceased	to		be	engaged	under  this		

	Agreement.																				
	Nothing	herein shall be construed	to		limit the	District'ssovereign	immunity		
										
	limitations	of liability	provided	in	section 768.28,  Florida	Statutes or other		

	applicable	law.																				
4.6	Insurance																					
	The Advisor shall provide and maintain the following levels of insurance		
	coverage at all times subsequent	to the execution of this Agreement:				
																		
	a) Worker's Compensation	insurance	to	cover		full	liability	under		
		worker'scompensation laws	in effect from time to time in Florida.		
	b) General  Liability	insurance	with  limit		of	one	million	dollars		
																
		($1,000,000.00) per each occurrence.	limit  of		one	million	dollars		
	c)	Professional	Liability	insurance	with							
																					
		($1,000,000.00) per each occurrence.			with	limit	of two	million		
	d) Employment	Practices	Liability	insurance						
																			
		dollars ($2,000,000.00) per each occurrence.		two	million	dollars		
	e) Commercial	Crime	insurance	with	limit	of						
																				
		($2,000,000.00) per each occurrence.												
	f)	Comprehensive Automobile	Liability insurance for all vehicles used		
		by the Consultant'sstaff, whether owned or hired, with a combined		
		single limit of one million dollars ($1,000,000.00).							

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

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

4.7	Time of the Essence							
	The District and the Advisor	agree that time	is of the essence	and that the		
							
			expeditiously.				
	services of the Advisor shall be performed					
							
4.8	Term of This Agreement							
	This  Agreement  shall  renew  automatically  until  terminated  by  either  the		
	District or the Advisor.							
4.9	Entire Agreement							
	This Agreement constitutes the entirety of the terms and conditions of the		
	agreement  between  the  parties  for  District	Management  services.   Any		
	amendment or change to this Agreement	shall be in writing and executed	by		

	all parties to the Agreement.							

4.10	Notices						
	All  notices,  requests,  or  authorizations	which  may from  time	to  time		
		and shall be delivered or mailed		
	required or expedient shall be	in	writing			
							
	follows:						

be

as

District:

Lucerne Park COD

12051 Corporate Blvd.

Orlando, Florida  32817

Attn: District Manager

4.11

With a copy to:	Hopping Green & Sams,	P.A.			
					
	119 South Monroe Street, Suite 300		
			
	Tallahassee, FL	32301				
	Attn: District Counsel					
Advisor:	Fishkind & Associates, Inc.			
	Attn: Dr. Hank Fishkind				
					
	12051 Corporate Blvd.				
	Orlando, Florida	32817				
	hankf@fishkind.com					
Authority to Execute							
Each  of the  parties  hereto  covenant to  the  other	that  it	has  the  lawful		
authority to enter into this relationship, that the governing or managing body		
of each party has approved this relationship and has similarly authorized the		
execution of this Agreement.							

12051

Corporate

Blvd.,

Orlando,

Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

4.12	Public Records Disclosure																	
	Advisor understands	and agrees	that all documents of any kind provided to		
	the District in	connection with this Agreement may be	public	records,  and,		
	accordingly, Advisor agrees to comply with all applicable provisions of Florida		
	law in handling such records,	including	but not limited to Section 119.0701,		
	Florida Statutes. Consultant acknowledges that the designated public records		
	custodian  for	the  District	is		Fishkind	&	Associates,  Inc.	("Public  Records		
									and to	the extent applicable	by law,		
	Custodian").	Among other requirements					
							
	the Advisor shall 1) keep and		maintain	public records required by the District		
	to perform the	service;	2)	upon request by the Public		Records	Custodian,		
													
	provide the District with the requested public records or allow the records to		
	be inspected or copied within a		reasonable time period at a cost that does		
	not exceed the cost provided		in	Chapter 119, Florida Statutes;	4)	ensure that		
	public  records	which	are	exempt or confidential,  and		exempt	from	public		
	records disclosure requirements, are not disclosed except	as	authorized by		
	law for the duration of the Agreement term and following the Agreement term		
	if the Advisor does not transfer	the records to the Public	Records Custodian		
					transfer to the		
					of the	Agreement,			
	of the	District;	and 4)	upon		completion					
					records in	Advisor'spossession	or, alternatively,		
	District, at no cost, all	public					
				applicable	requirements		for	retaining	public		
	keep,  maintain	and	meet	all								
	records pursuant to Florida laws.  When such public records are transferred		
	by the Advisor, the Advisor shall destroy any duplicate public records that are		
	exempt	or	confidential	and		exempt	from	public		records	disclosure		
										be		provided	to  the		
	requirements.		All  records  stored  electronically  must							
	District	in  a format that is compatible	with  Microsoft Word or Adobe PDF		
														
	formats.																					

IF  THE  FA

CHAPTER

HAS QUESTIONS  REGARDING  THE APPLICATION  OF

119,	FLORIDA	STATUTES,	TO	THE	FA'S DUTY	TO

PROVIDE	PUBLIC	RECORDS	RELATING	TO	THIS	AGREEMENT,

CONTACT THE  CUSTODIAN

OF

PUBLIC  RECORDS,  FISHKIND

&

ASSOCIATES,  INC., AT 407-382-3256,  12051  CORPORATE  BLVD.,

ORLANDO, FLORIDA 32817.

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

In witness
duplicate,

whereof, the parties hereto
this ___ day of ___

Board of Supervisors

North Powerline Road

have executed this Agreement,	in	
, 2018.		
Community Development District	

Sign

__________________

_

Print

Name

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

Fishkind

&

Associates, Inc.

Hank Fishkind, Ph.D., President

12051

Corporate

Blvd., Orlando, Florida 32817

(407)

382-3256

FAX

(407)

382-3254 Email homeoffice@fishkind.com

North

Community

Powerline Road
Development District

Designating

Resolution 2018-04,

the Primary Administrative
Principal Headquarters

Office

and

RESOLUTION

2018-04

A  RESOLUTION BY THE		BOARD  OF  SUPERVISORS  OF THE				
NORTH  POWERLINE  ROAD  COMMUNITY	DEVELOPMENT				
					
DISTRICT  DESIGNATING	THE  PRIMARY  ADMINISTRATIVE				
							
OFFICE AND PRINCIPAL	HEADQUARTERS OF THE DISTRICT				
								
AND PROVIDING AN EFFECTIVE DATE.						
WHEREAS, the North Powerline	Road Community Development District (the "District") is		
				pursuant to Chapter 190,	Florida		
a local unit of special-purpose	government created and existing				
							
	within Polk County, Florida; and						
Statutes, being situated entirely							
											
WHEREAS,  the  District	desires  to  designate  its  primary  administrative  office  as  the		
location where the District's public records are routinely created, sent, received, maintained, and		
requested, for the purposes	of prominently posting the contact information of the District's	Record's		
					
Custodian in order to provide citizens with the ability to access the District's records and ensure that		
the public is  informed of	the  activities	of the District in accordance with Chapter  119,	Florida		
Statutes; and												

WHEREAS, the District additionally	desires		
			
principal headquarters for the purpose	of	establishing		
					
venue privilege applicable to the District.				

to specify the location of the District's
proper venue under the common law home

NOW,  THEREFORE,
SUPERVISORS	OF

BE  IT

THE

RESOLVED	BY  THE	BOARD	OF		
					
NORTH	POWERLINE	ROAD		

COMMUNITY

DEVELOPMENT

DISTRICT:

SECTION 1.

Florida Statutes, shall

The District's primary administrative	office for purposes of Chapter	119,		

be located at	----------------------		

SECTION 2.

venue shall be located

The District's principal headquarters	for purposes of establishing	proper		
				
		within Polk		
at ____________________			

County, Florida.

SECTION

3.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED

THIS

20th

day

of

June,

2018.

ATTEST:

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road

Development District

•

•

Resolution 2018-05,		
Appointing District	Counsel		

District Counsel	Retainer Letter		
			
District Counsel	Agreement		

RESOLUTION	2018-05	
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH	
POWERLINE   ROAD   COMMUNITY	DEVELOPMENT   DISTRICT	
APPOINTING LEGAL COUNSEL FOR THE DISTRICT, AUTHORIZING	

ITS

COMPENSATION AND

PROVIDING

FOR AN

EFFECTIVE

DATE.

	WHEREAS,	the  North	Powerline  Road  Community  Development  District  (the		
			-purpose government created	and existing pursuant to Chapter		
"District") is a local unit of special				
				
		entirely within Polk County, Florida; and		
190,	Florida Statutes, being situated			

WHEREAS, the

services of consultants to

professional nature; and

District's  Board	of	Supervisors	(the  "Board")  may  contract for		
					
perform planning, engineering, legal or other appropriate services		

the

of a

WHEREAS,

compensation for their

the  Board  desires	to	appoint	a	District  Counsel  and	to	provide	
services.							

NOW,	THEREFORE,	BE	IT	RESOLVED	BY	THE	BOARD	OF

SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD	COMMUNITY

DEVELOPMENT DISTRICT:

1.

Hopping	Green

compensated for

A.

&	Sams,	P.A.,

their services in

is	appointed

such capacity

as	District  Counsel	and

in the manner prescribed in

shall	be

Exhibit

2.

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED

THIS

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD COMMUNITY	
	DEVELOPMENT DISTRICT	

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Exhibit

A:

Attorney Retainer Agreement

Hopping

Green

&

Sams

Attorneys

and

Counselors

June 14, 2018

Board of Supervisors

North Powerline Road

District

Community

Development

c/o Fishkind & Associates

12051 Corporate Boulevard

Orlando, Florida	32817

Re:

Community

Development District Representation

Dear Board

of

Supervisors:

On behalf of Hopping Green & Sams, P.A., ("HGS") I would like to submit the attached Fee	
Agreement  to  the  Board  of Supervisors  of the  North  Powerline  Road  Community Development	
District (the "District") for consideration.					
Our rates  vary depending generally on the experience	of that attorney.	For example, my	
proposed hourly rate is	$315.00 and the proposed hourly rate	of the associates and paralegals that	
are  most  likely  to  assist  in  this  work  are  $255.00  and  $145.00,  respectively.   Other  work  by	
attorneys in  the firm  would also be performed at their established rates .	Our	rates  are reviewed	
annually and may be adjusted from time to time in conjunction with such reviews, after providing	
notice  to  you.   Let  me	assure  you  that  we  will  make every effort to  keep  legal costs	as  low  as	
possible while providing services consistent with our professional responsibilities.  Itemized bills	
showing  all  time  spent  for  services  are  rendered  monthly  and  are  due  upon  receipt.	We  have	
attached a copy of the firm's policy with respect to expenses, although to the extent that Chapter	
112, F.S., conflictsthesewith	policies, Chapter 112, F.S., will govern.				
With  respect to conflicts, it is  important to disclose  that our firm  represents a	number of	
other special districts throughout Florida.  Additionally, as further discussed in our Fee Agreement,	
we presently represent a number of trustees, including U.S. Bank, National Association and Wells	
Fargo Bank,  National  Association.  We also  represent builders  likely to  acquire  lands  within  the	
District.  HGS will not represent those entities in matters relating to the District.  Please note that	
acceptance of the Fee Agreement will constitute your waiver of	any "conflict."			

Post

Office

Box

6526

Tallahassee,

Florida

32314

119

S.

Monroe

Street,

Suite

300

(32301)

850.222.7500

850.224.8551

fax

www.hgslaw.com

Board of Supervisors

North Powerline Road Community Development District

June 14, 2018

Page 2

If we can provide you with any additional information, please feel free to contact us. Thank you for this opportunity, and we look forward to working with you.

Roy Van Wyk

For the firm

RVW:lk

Enclosures

Hopping

Green

&

Sams

Attorneys

and

Counselors

COD

HOPPING GREEN & SAMS PA EXPENSE REIMBURSEMENT POLICY

The following  is  Hopping  Green  &  Sams' standard  expense  reimbursement  policy for	
community development district representation.  This policy applies unless a different arrangement	
has been negotiated based on the unique circumstances of a particular client or matter.	
All expenses are billed monthly.  Billings ordinarily reflect expenses for the most recent	
month, except where there are delays in receiving bills from third party vendors.	
Teleconference  Calls.	All  telephone  conference  charges  are  billed  at  an  amount	
approximating actual cost.		

Photocopying and Printing.	In-house photocopying and printing

page (black & white) and $0.50 per page (color). Outside copying is billed

outside vendor'scharges.

is as

charged at $0.25 per a pass-through of the

Facsimile. Outgoing facsimile transmissions are charged at $1.00 per page. There is no charge for incoming faxes.

Postage.  Postage is billed at actual cost.

Overnight Delivery.  Overnight delivery is billed at actual cost.

Local Messenger Service. Local messenger service is billed at 54.5 cents per mile pursuant to Section 112.061, Florida Statutes. Should the State increase the mileage allowance specified in Section 112.061, Florida Statutes, HGS shall, without further action, be entitled to reimbursement at the increased rate.

Computerized Legal Research. Charges for computerized legal research are billed amount approximating actual cost.

at

an

Travel. Travel (including air fare, rental cars, taxicabs, hotel, meals, tips, etc.) is billed at actual cost. Where air travel is required, coach class is used wherever feasible. Out-of-town mileage is billed at 54.5 cents per mile pursuant to Section 112.061, Florida Statutes. Should the State increase the mileage allowance specified in Section 112.061, Florida Statutes, HGS shall, without further action, be entitled to reimbursement at the increased rate. Reasonable travel-related expenses for meals, lodging, gratuities, taxi fares, tolls, parking fees and business-related telephone, telegraph and facsimile charges shall also be reimbursed.

Consultants. Unless prior arrangements are made, consultants are ordinarily employed directly by the client. Where consultants are employed by the firm, their charges are passed-through with no mark-up. The client is responsible for notifying the firm of any particular billing arrangements or procedures which the client requires of the consultant.

Other Expenses. Other outside expenses, such billed at actual cost.

Word Processing and Secretarial Overtime. No charge is made for secretarial overtime except in major demands are imposed.

as court reporters, agency copies, etc. are

charge is made for word processing. No litigation matters where unusual overtime

I.

is

II.

Ill.

HOPPING GREEN & SAMS, P.A.

FEE AGREEMENT

PARTIES

THIS AGREEMENT	made and entered into by and between the following parties:

A.	North Powerline Road Community Development District ("Client")

c/o Jane Gaarlandt

Fishkind & Associates

12051 Corporate Boulevard

Orlando, Florida 32817

8.	Hopping Green & Sams, P.A., ("HGS") 119 South Monroe Street, Suite 300 P.O. Box 6526
	Tallahassee, FL 32314

SCOPE OF SERVICES			
In	consideration of the mutual	undertakings and agreements contained herein, the		
parties agree as follows:			
			
A.	The  Client  agrees  to  employ  and  retain  HGS  as  its  attorney  and  legal		
	representative.  Representation is anticipated to include general advice and		
	counsel for the North Powerline Road Community Development District.		

8.	HGS accepts such employment and agrees to serve as attorney for and provide legal representation to the Client in connection with those matters
referenced above.

CLIENT FILES

	The files and work product materials ("client file") of the Client generated or received		
by HGS will be maintained		
		confidentially and in accordance with the Florida Bar rules.  At		
the conclusion of the representation, the client file will be stored by HGS for a minimum of		
five (5) years.  After the five (5) year storage period, the Client hereby acknowledges and		
consents that HGS may	confidentially destroy or shred the client file,  unless HGS is		
				
provided a written request from the Client requesting return of the client file, to which HGS		
will return the client file at Client'sexpense.		
IV.	FEES			

A.

The Client agrees to	compensate HGS for services rendered in connection		
				
with any matters covered by this Agreement according to the standard hourly		
billing  rates for individual  HGS lawyers plus actual expenses incurred by		
HGS  in	accordance with  the  attached  standard  Expense  Reimbursement		

V.

	Policy  (Attachment  A,	incorporated  herein  by  reference).	For  matters	
	regarding issuance of debt, we will identify a 'notto exceed'flat fee prior to	
	each such issuance or may track our time hourly.		
	Bond Validation - billed at the hourly rate		
	Each Bond Issuance - To Be Negotiated		
B.	To the extent practicable and consistent with the requirements of sound legal	
	representation, HGS will attempt to reduce Client'sbills by assigning each	
	task to the person best able to perform it at the lowest rate so long as he or	
	she has the requisite knowledge and experience.  The standard hourly rate	
	of Roy Van Wyk, the attorney who is initially expected to handle the bulk of	
	Client'swork, is $315.00 and associates who are most likely to assist in this	
	work are billed at $255.00 per hour. HGS'standard hourly billing rates are	
	reevaluated annually prior to the beginning of the calendar year and are	
	subject to change each year at that time. Client agrees to HGS'annual rate	
	increases to the extent hourly rates are not increased beyond $15/hour for	
	attorneys working on this matter.		
C.	HGS will include costs and expenses (including interest charges	on past due	
	statements) on its billing statements for Client reimbursement in	accordance	
	with the attached standard Expense Reimbursement Policy.		
BILLING AND PAYMENT			

The Client agrees to pay HGS monthly billings for fees and expenses incurred within thirty (30) days following receipt of a statement from HGS. HGS shall not be obligated to perform further legal services under this Fee Agreement if any such billing statement remains unpaid longer than thirty (30) days after submittal to and receipt by Client. Non-payment of billing statements shall be a basis for HGS to immediately withdraw from the representation without regard to remaining actions necessitating attention by HGS as part of the representation.

VI.

DEFAULT

In any legal proceeding to collect outstanding balances due under this Agreement, the substantially prevailing party shall be entitled to recover reasonable attorneys'fees in addition to costs and outstanding balances due under this Agreement. Venue of any such action shall be exclusive in the state courts of the Second Judicial Circuit in and for Leon County, Florida.

VII.	CONFLICTS

It is important to disclose that HGS represents a number of special districts, trustees (including U.S. Bank National Association ("U.S. Bank"), Regions Bank, and Wells Fargo National Association), bondholders, and other entities throughout Florida relating to community development districts and other special districts. HGS understands that Client may enter into an agreement with U.S. Bank or other trustee in connection with the

issuance of bonds, and that Client may request that HGS simultaneously represent Client	
in connection with the issuance of bonds, while HGS is	also representing U.S. Bank or	
other trustee on unrelated matters.	By accepting this Agreement Client agrees that (1)	
Client  was  provided  with	an	explanation	of	the	implications	of	the	common	
representation(s) and the advantages and risks involved; (2) HGS will	be	able to provide	
competent and diligent representation of Client, regardless of HGS'other representations,	
and	(3) there is not a substantial risk that HGS'representation of Client would be	materially	
limited by HGS'responsibilities to another client, a former client or a third person or by a	
personal  interest.   Acceptance  of this fee proposal will  constitute your waiver of any	
"conflict" with HGS'representation of various special districts, trustees, bondholders, and	
other entities relating to community development districts and other special districts in	
Florida.									
VIII.	TERMINATION									
	Either party may terminate this Fee Agreement upon providing prior written notice to	
the other party at its regular place of business.	All fees due and payable	in accordance	
with  this Agreement shall  accrue  and  become  payable pursuant to the terms  of this	
Agreement through the date of termination .							

X.

EXECUTION OF AGREEMENT

This Agreement shall be deemed fully executed upon its signing by HGS and the

Client. The contract formed between HGS and the Client shall be the operational contract
between the parties.

XI.

ENTIRE CONTRACT

This Agreement constitutes the entire agreement between the parties.

Accepted and Agreed to:

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT
By: _____________
Print Name:----------
Tit Ie: ------------
Date: ------------

HOPPING GREEN & SAMS, P.A.

By: ___  __________  _

Vice President

Date: ------------

ATTACHMENT A

CDD

HOPPING GREEN & SAMS PA EXPENSE REIMBURSEMENT POLICY

The  following  is  Hopping  Green  &  Sams' standard  expense  reimbursement  policy for

community development district representation . This policy applies unless a different arrangement

has been negotiated based on the unique circumstances of a particular client or matter.

All expenses are billed monthly. Billings ordinarily reflect expenses for the most recent month, except where there are delays in receiving bills from third party vendors.

Teleconference Calls. All telephone conference charges are billed at approximating actual cost.

an

amount

Photocopying and Printing.	In-house photocopying and printing is charged at $0.25 per	
page (black & white) and $0.50 per page (color). Outside copying is billed as a pass-through of the	
outside vendor'scharges.			
Facsimile.  Outgoing facsimile transmissions are charged at $1.00 per page.  There is no	
charge for incoming faxes.			
Postage.  Postage is billed at actual cost.		
Overnight Delivery.  Overnight delivery is billed at actual cost.		
Local  Messenger  Service.   Local  messenger service  is  billed  at  54.5  cents  per  mile	
pursuant to Section 112.061, Florida Statutes.  Should the State increase the mileage allowance	
specified in  Section 112.061, Florida Statutes, HGS shall, without further action, be entitled to	
reimbursement at the increased rate.			
Computerized Legal Research. Charges for computerized legal research are billed at an	
amount approximating actual cost.			
Travel.  Travel (including air fare, rental cars, taxicabs, hotel, meals, tips, etc.) is billed at	
actual cost.  Where air travel is required, coach class is used wherever feasible.  Out-of-town	
mileage is billed at 54.5 cents per mile pursuant to Section 112.061, Florida Statutes.  Should the	
State increase the mileage allowance specified in Section 112.061, Florida Statutes, HGS shall,	
without further action, be entitled to reimbursement at the increased rate.	Reasonable travel-	
related expenses for meals, lodging, gratuities, taxi fares, tolls, parking fees and business-related	
telephone, telegraph and facsimile charges shall also be reimbursed.		
Consultants.  Unless prior arrangements are made, consultants are ordinarily employed	
directly by the client.  Where consultants are employed by the firm, their charges are passed-	
through with no mark-up.  The client is responsible for notifying the firm of any particular billing	
arrangements or procedures which the client requires of the consultant.		
Other Expenses.  Other outside expenses, such as court reporters, agency copies, etc. are	
billed at actual cost.			

charge	Word Processing and Secretarial Overtime.	No		
	is made for secretarial overtime except in	major		
demands are imposed.				

charge is made for word processing. No litigation matters where unusual overtime

North

Community

Powerline Road

Development District

Resolution 2018-06,		
Designating Registered	Agent		

& Office

RESOLUTION

2018-06

A

RESOLUTION

OF

THE

BOARD

OF SUPERVISORS

OF

THE

NORTH

POWERLINE

ROAD

COMMUNITY

DEVELOPMENT

DISTRICT

DESIGNATING A REGISTERED	AGENT		
			
THE DISTRICT, AND	PROVIDING FOR		

AND REGISTERED OFFICE OF

AN EFFECTIVE DATE.

WHEREAS, the North	Powerline Road Community Development District (the "District") is		
a local unit of special	-purpose government created and existing pursuant to Chapter 190, Florida		
Statutes, being situated entirely within Polk 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		
			Florida		
permitted by law to be served upon the District in accordance with Section 189.014(1),			
			
Statutes.							

NOW,

THEREFORE,	BE

IT	RESOLVED

BY

THE

BOARD

OF

SUPERVISORS  OF  THE	NORTH		
			
DEVELOPMENT DISTRICT:		

POWERLINE

ROAD

COMMUNITY

SECTION 1.	Roy Van Wyk	is hereby designated		
				
Powerline Road Community Development District.		

as the Registered Agent for the North

SECTION 2. The District's	Registered		
			
Suite 300, Tallahassee, Florida 32301.		

Office shall be located at 119 South Monroe Street,

SECTION 3. In accordance with Section	189.014, Florida Statutes, the District's Secretary		
		with Polk County and the Florida		
is hereby directed to file certified	copies	of this Resolution			

Department of Economic	Opportunity.					

SECTION

4.	This Resolution shall become effective immediately upon adoption.

PASSED

AND

ADOPTED this

20th day

of

June, 2018.

ATTEST:

NORTH POWERLINE	ROAD		
			
COMMUNITY DEVELOPMENT		
DISTRICT			

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road
Development District

Resolution 2018-07,

Appointing

Interim

District

Engineer

•

Interim

District

Engineer

Agreement

	RESOLUTION 2018-07			
	A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH		
	POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT		
	APPOINTING AND FIXING THE COMPENSATION OF THE INTERIM		
	DISTRICT ENGINEER AND PROVIDING AN EFFECTIVE DATE		
	WHEREAS,  the  North  Powerline  Road  Community	Development  District  (the		
				
"District") is a local unit of special-purpose government created and existing pursuant to Chapter		
190,	Florida Statutes, being situated entirely within Polk County, Florida; and		

WHEREAS, the District's Board of Supervisors  (the
compensation of an Interim District Engineer; and

WHEREAS, the Board desires to appoint an Interim

compensation for their services.

"Board") must employ

District Engineer and to

and  fix

provide

NOW,   THEREFORE,   BE   IT   RESOLVED	BY	THE		
				
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD		
DEVELOPMENT DISTRICT:				

BOARD	OF

COMMUNITY

1.

Dennis Wood Engineering LLC is appointed as Interim District Engineer and shall

be compensated for their services in such capacity in the manner prescribed in the
agreement incorporated herein by reference as Exhibit A.

2.

3.

This authorization shall be continuingnaturein	until revoked by the District.

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED

THIS

20th day of June, 2018.

ATTEST:	NORTH POWERLINE ROAD COMMUNITY

DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit

A:

Interim District Engineer Fee Agreement

INTERIM

ENGINEERING

SERVICES

AGREEMENT

THIS AGREEMENT

2018, by and between:

("Agreement")

is

made and entered into this 20th day of June,

North  Powerline  Road  Community  Development  District,  a	local	unit  of	
special-purpose  government  established  pursuant  to	Chapter	190,	Florida	
Statutes, and located in Palm Beach County, Florida, with a mailing address of	
12051 Corporate Blvd., Orlando, Florida 32817 (the "District"); and			
Dennis Wood Engineering, LLC, a Florida limited liability company, providing	
professional engineering services with a mailing address	of 1925 Bartow Road,	
Lakeland,  Florida  33801  (the  "Engineer"  and,  together	with the	District,  the	
"Parties").				
RECITALS				

WHEREAS,	the  District  is

pursuant to the Uniform Community
190, Florida Statutes, (the "Act")  as

a	local	unit

Development
amended; and

of special-purpose government District Act of 1980, as codified

established

in Chapter

WHEREAS,  pursuant  to  the  Act,  the  District  was  established  for  the  purpose  of		
planning,   finance,   constructing   acqumng,   and/or   maintaining   certain   infrastructure		
improvements and services within the District; and				
WHEREAS, the District intends to employ the Engineer on an interim basis to perform		
engineering,  surveying,  planning,  landscaping,  construction  administration,	environmental		
management,  and permitting, financial  and economic  studies,  as  defined by a	separate work		
authorization; and				
WHEREAS, the Engineer shall serve as District's professional representative	in each		
			
service or project to which this Agreement applies and will give consultation and advice to the		
District during performance of his services.				

NOW,	THEREFORE,	for	and	in	consideration	of  the

contained, the acts and deeds to be performed by the Parties and the
the Engineer of the sums of money herein specified, it is mutually

follows:

mutual	covenants	herein

payments by the District to

covenanted and agreed as

Article

1.

Scope

of

Services

A.

The

1.

Board

2.

Engineer will provide general engineering services, including:

Preparation of any necessary reports  and attendance at meetings  of the
District's	of Supervisors.
Assistance	in	meeting	with	necessary	parties	involving	bond	issues,

special reports, feasibility studies, or other tasks.

3.

Any other items requested by the

Board

of

Supervisors.

Article 2.	Method of Authorization.	Each service or project shall be authorized in		
		shall be incorporated in a Work Authorization		
writing by the District.  The written authorization			
		project schedule, and special provisions or		
which shall include the scope of work, compensation,			
		Authorization	of services  or		
conditions  specific  to  the  service  or  project being  authorized.				
				
projects under this Agreement shall be at the sole option of the District.			

Article 3.

the Engineer under

further	understood

Agreement shall be

be utilized:

Compensation.  It is understood and agreed that the services rendered	by		
			
this Agreement shall not exceed	______ Dollars ($ __,000).	It is		
and  agreed  that  the  payment	of compensation	for  services  under	this		
						
stipulated in each Work Authorization.	One of the following methods will		

A.	Lump-	Sum Amount   The Parties shall mutually	agree to a lump sum amount for		
				the  work		
the  services	to	be  rendered  payable  monthly	in  direct  proportion  to			
accomplished.								
B.	Hourly Personnel Rates - For services or projects where scope of services is not		
clearly defined, or recurring services or other projects where the District desires the use		
of the hourly compensation rates outlined in Schedule	"A."			

Article 4.	Reimbursable  Expenses.		
expenditures made by the Engineer,	its employees,		
			
for the incidental expenses as listed as follows:		

Reimbursable	expenses	consist

or its consultants in the interest of

of

the

actual

project

A.	Expenses of transportation and living when traveling	in connection with a project,		
			of		
for  long  distance  phone  calls  and  telegrams,  and  fees  paid  for  securing  approval			
			
authorities  having  jurisdiction  over  the  project.   All  expenditures  shall  be  made  m		
accordance with Chapter 112, Florida Statutes,	and with the District's travel policy.			

B.

Expense

of

reproduction,

postage,

and handling

of

drawings and specifications.

Article 5.	Term of Agreement.  It is understood and agreed that this Agreement	is		
				
for  interim  engineering  services.	It	is  further	understood  and  agreed  that  the  term  of this		
			this Agreement by the Parties until such time as		
Agreement will be from the time of execution of			
the District notifies the Engineeris that	has entered into a subsequent agreement for engineering		
services.							

Article 6.

additional special

basis.

Special	Consultants.

consulting services may be

When

utilized

authorized	in	writing	by

by the Engineer and paid

the	District,

for on a cost

Article 7.

and records relating

Books and Records.	The Engineer	shall maintain comprehensive books		
			which shall be retained by		
to any services performed under this Agreement,			

2

the Engineer for a period of at least four (4) years from and after completion	of any services	
hereunder.  The District, or its authorized representative, shall have the right to audit such books	
and records at all reasonable times upon prior notice to the Engineer.		

Article 8.

Ownership

of

Documents.

A.	All  rights  in  and  title  to  all  plans,  drawings,	specifications,  ideas,  concepts,	
designs,  sketches,  models,  programs,  software,	creation,  inventions,  reports,  or  other	
tangible work product originally developed by the Engineer pursuant to this Agreement	
("Work Product") shall be and remain the sole	and exclusive property of the District	
when developed and shall be considered work for hire.								
B.	The  Engineer  shall  deliver	all  Work		Product	to  the  District upon  completion		
thereof unless it is necessary for the Engineer	in the District's sole discretion, to retain		
					of the Engineer's services		
possession for a longer period of time.  Upon early termination			
hereunder, the Engineer shall deliver all such Work Product whether complete or not.		
The District shall have all rights to use any and all Work Product.	The Engineer shall		
					
retain copies of the Work Product for its permanent	records, provided the Work Product		
				The Engineer agrees not		
is	not used without the District's prior express written consent.			
to recreate any Work Product contemplated by this Agreement, or portions thereof, which		
if	constructed  or  otherwise  materialized,	would  be  reasonably  identifiable  with  the		
													
project.														
C.	The District exclusively retains all manufacturing	rights to all materials or designs		
					under  this		
developed  under  this  Agreement.	To  the  extent  the  services  performed			
					
Agreement produce  or include  copyrightable  or patentable materials  or designs,  such		
materials or designs  are work made for hire for the District	as the author, creator,  or		
inventor thereof upon creation,	and the District shall have all rights therein including,		
without limitation, the right of	reproduction,	with respect to such work.  The Engineer		
												
hereby assigns to the District any and all rights the Engineer may have including, without		
limitation, the copyright, with respect to such work.  The Engineer acknowledges that the		
District is the motivating factor for,	and for the purpose	of copyright or patent, has the		
						materials		
right to direct and supervise the preparation	of	such copyrightable or patentable			

or designs.														

Article 9.

provided hereunder

be available to the
agreeable times.

Accounting Records.	Records	of the Engineer	pertaining to the services		
						
shall be kept on a basis of generally	accepted accounting principles and shall		
		for observation or audit	at mutually		
District or its authorized representative				

Article 10.	Reuse	of	Documents.	All	documents	including   drawings   and		
								of service.		
specifications furnished by the Engineer pursuant to this Agreement are instruments			
They  are  not	intended  or represented  to  be  suitable	for  reuse  by	the  District  or  others  on		
extensions of	the work for which they were provided	or on any other project.  Any reuse without		

3

specific written consent by the Engineer will be at the District's sole risk and without liability or

legal exposure to the Engineer.

Article 11.	Estimate

of

Cost.

Since the Engineer has no  control over the  cost

of

labor, materials, or equipment or over a contractor's(s')	methods of determining prices, or over		
	of probable cost provided	as	a service		
competitive bidding or market conditions,	his opinions					
						
			and qualifications and represent his best		
hereunder are to be made on the basis of his experience			
judgment  as  a design  professional  familiar  with the  construction  industry,  but the  Engineer		
cannot and does not guarantee that proposals, bids, or the construction costs will not vary from		
opinions of probable cost prepared by him.	If the District wishes greater assurance	as to the		
construction costs, it shall employ an independent cost estimator at its own expense.  Services to		
modify approved documents to bring the constrnction cost within any limitation established by		
the District will be considered additional services and justify additional fees.				

Article 12.	Insurance.	Subject

maintain insurance during the performance

liability not less than the following:

to the
of its

provisions of this

services under this

Article, the

Agreement,

Engineer shall
with limits of

Workers' Compensation			Statutory					
General Liability			$1,000,000/$2,000,000			
Bodily Injury						
(including Contractual)								
Property Damage			$1,000,000/$2,000,000			
(including Contractual)								
Automobile Liability			Combined Single Limit $1,000,000		
Bodily Injury/ Property Damage							
Professional Liability for								
Eirors and Omissions			$1,000,000					
If any  such policy  of insurance  is  a	"claims  made"  policy,  and not  an "occurrence"		
policy,  the  Engineer  shall,  without  interruption,	and  at  the  District's  option,  maintain  the		
insurance for at least three (3) years after the one year anniversary	of this Agreement.		
				
The District, its officers, supervisors, agents, staff, and representatives shall be named as		
additional insured parties, except with respect to the Worker's Compensation Insurance and the		
Professional Liability for Errors and Omissions	Insurance both for which only proof of insurance		
					of Insurance		
shall  be provided.   The  Engineer  shall furnish  the  District with the  Certificate			
evidencing compliance with the requirements	of this Section. No ce1iificate shall be acceptable		
				within the policy periods of the		
to the District unless it provides that any change or termination			
insurance coverage, as  certified, shall not be effective within thirty (30) days of prior written		
notice to the District.  Insurance coverage shall be from a reputable insurance carrier, licensed to		
conduct business in the state of Florida.								

4

If the Engineer fails to have secured and maintained the required insurance, the District		
has the right (without any obligation to	do so, however),	to secure such required insurance in		
which event, the Engineer shall pay the cost for that required insurance and shall furnish, upon		
demand,  all information that may be required in connection with the District's obtaining the		
required insurance.										
Article 13.	Contingent  Fee.   The  Engineer  warrants  that  it  has  not  employed  or		
retained  any  company  or  person,  other  than  a  bona  fide  employee  working  solely  for  the		
Engineer, to solicit or secure this Agreement and that it has not paid or agreed	to	pay any person,		
company, corporation, individual, or firm, other than a bona fide employee working solely for		
the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or		
resulting from the awardmakingor	of this Agreement.							
Article 14.	Compliance	with	Governmental	Regulations.	In	performing	its		
obligations under this Agreement, the Engineer and each	of its agents, servants, employees or		
anyone directly or indirectly employed by the Engineer, shall comply with all applicable laws,		
ordinances,  rules,  regulations,  and  orders  of any  public  or  governmental	authority  having		
					
appropriate jurisdiction.  If the Engineer fails to notify the District in writing within five (5) days		
of the receipt of any notice, order, required to comply notice, or a report of a violation of	an		
alleged  violation,  made  by  any  local,  State  or  Federal  governmental  body  or  agency  or		
subdivision thereof with respect to the services being rendered under this Agreement or any		
action of the Engineer or any of its agents, servants, or employees, or fails to comply with any		
requirement of such agency within five (5) days after receipt of any such notice, order request to		
comply notice, or report of a violation or an alleged violation, the District may terminate this		
Agreement, such te1mination to be	effective upon the giving of notice of termination.			
Article 15.	Compliance with Professional Standards.  In performing its obligations		
under this  Agreement,  the  Engineer  and  each of its  agents,  servants,  employees,  or anyone		
directly or indirectly employed by the Engineer, shall maintain the highest standard of care, skill,		
diligence, and professional competency for such work and/or services.  Any designs, drawings,		
reports, or specifications prepared or furnished by the Engineer that contain errors, conflicts, or		
omissions will be promptly corrected by the Engineer at no	cost to the District.					
Article 16.	Audit.  The Engineer agrees that the District or any of its duly authorized		
representatives shall, until the expiration	of four (4) years after expenditure	of	funds under this		
Agreement, have access to and the right to examine any books, documents, papers, and records		
of the  Engineer  involving  transactions  related  to  this  Agreement.  The  Engineer  agrees  that		
payment made under this Agreement shall be subject to reduction for amounts charged thereto		
that are found on the basis of audit examination not to constitute allowable costs. All required		
records shall be maintained until an audit is completed and all questions arising therefrom are		
resolved, or three (3) years after completion of all work under this Agreement.					
Article 17.	Indemnification.	The Engineer agrees, to the fullest extent permitted by		
law, to indemnify, defend, and hold harmless the District, its officers, supervisors, agents, staff,		
and representatives	from  liabilities,  damages,  losses, and	costs, including,	but not limited to,		

5

reasonable attorneys' fees, paralegal fees, and expert witness fee and costs for trial, alternative		
dispute resolution, or appellate proceedings, to the extent caused by the negligence, recklessness,		
or intentionally wrongful conduct of the Engineer	and other persons employed or utilized by the		
Engineer in the performance of this Agreement.	The Engineer agrees and covenants that nothing		
									immunity pursuant		
herein shall constitute or be construed	as a waiver of the District's sovereign			
			shall inure to the		
													
to Section 768.28, Florida Statutes,	or other law, and nothing in the Agreement			
				
						any claim which would otherwise be barred		
benefit of any third party for the purpose of allowing			
									
under the Doctrine	of Sovereign Immunity or by operation of law.						
PURSUANT  TO  FLORIDA  STATUTES  SECTION  558.0035(2013),  AN  INDIVIDUAL		
EMPLOYEE   OR  AGENT   MAY  NOT   BE   HELD   INDIVIDUALLY  LIABLE   FOR		
NEGLIGENCE.															
Article 18.	Public Records.	The Engineer	understands and agrees that all documents		
of any kind provided to the District in connection	with this Agreement may be public records,		
					provisions	of Florida law in		
and, accordingly, the Engineer agrees to comply with all applicable				
handling such records, including, but not limited,	to	section 119.0701, Florida Statutes.  Among		
other requirements and to the extent applicable	by law, the Engineer shall	1)	keep and maintain		
				the service;  2)	upon request by the Public		
public records required by the District to perform					
Records Custodian, provide the District with the requested public records or allow the records to		
be inspected or copied within a  reasonable time period at a cost that does not exceed the cost		
provided in Chapter 119, Florida Statutes; 3)	ensure that public records which are exempt or		
confidential, and exempt from public records disclosure	requirements, are not disclosed except as		
authorized by law for the duration of this Agreement	te1m and following this Agreement term if		
the Engineer does not transfer the records to the Public Records Custodian	of	the District; and 4)		
upon completion of this Agreement, transfer to	the District, at no cost, all	public records in the		
Engineer's possession or, alternatively, keep, maintain and meet all applicable	requirements for		
retaining public records pursuant to Florida laws.  When such public records are transferred by		
the  Engineer,  the  Engineer  shall  destroy  any  duplicate  public  records  that  are  exempt  or		
confidential  and  exempt  from  public  records  disclosure  requirements.   All  records  stored		
electronically must be provided to the District in	a format that is compatible with Microsoft		
Word or Adobe PDF formats.  The Engineer acknowledges that the designated Public Records		
Custodian for the District is Jane Gaarlandt.												
IF	THE   ENGINEER   HAS   QUESTIONS   REGARDING   THE		
APPLICATION  OF  CHAPTER  119,  FLORIDA  STATUTES,  TO  THE		
ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO		
THIS   AGREEMENT,   CONTACT   THE   CUSTODIAN   OF   PUBLIC		
RECORDS   AT   407-382-3256,   JANEG@FISHKIND.COM,  AND   12051		
CORPORATE BOULEVARD, ORLANDO, FLORIDA 32817.				

Article 19.	Notices.	All  notices,	requests,	consents,	and  other		
				delivered,	mailed by		
hereunder ("Notices") shall be in writing and shall be				
postage prepaid, or overnight delivery service,	to the Parties, as follows:		

communications

First Class Mail,

6

A.

If

to

the District:

North Powerline Road Community Development

District

12051 Corporate Boulevard

Orlando, Florida 32817

Attn: District Manager

With

a

copy

to:

Hopping Green & Sams PA

119 S. Monroe Street, Suite 300

Tallahassee, Florida 32301

Attn: District Counsel

B.

If

to

the Engineer:

Dennis Wood Engineering LLC

1925 Bartow Road

Lakeland, Florida 33801

Attn: Dennis Wood

Except as  otherwise provided herein,  any Notice  shall be  deemed received only upon  actual	
delivery  at  the  address  set  forth  herein.   Notices  delivered  after  5:00  p.m.  (at the  place  of	
delivery) or on a non-business day, shall be deemed received on the next business day.	If any	
time for giving Notice contained in this Agreement would otherwise expire on a non-business	
day,  the  Notice  period  shall  be  extended  to  the  next  succeeding  business  day.   Saturdays,	
Sundays, and legal holidays recognizedStatesbythe United	government shall not be regarded as	
business days.  Counsel for the Parties may deliver Notice on behalf of the Parties.  Any party or	
other  person  to  whom  Notices  are  to  be  sent  or  copied  may  notify  the  other  Parties  and	
addressees of any change in name or address to which Notices shall be sent by providing the	
same on five (5) days written notice to the Parties and addressees set forth herein.		

Article 20.	Employment Verification.	The	Engineer  agrees that it  shall	
responsibility for verifying the employment status, under the Immigration Reform and	
Act of 1986,it of all persons   employs in the perfo1mance	of this Agreement.	

bear the

Control

Article

controlled and

Florida.

21.	Controlling  Law.

governed by the laws of

The	Parties	agree	that	this	Agreement	shall	be
the State of Florida.	Venue shall be in Polk County,

Article 22.	Assignment.	Neither the District nor the Engineer shall assign, sublet, or	
transfer any rights under or interest in this Agreement without the express written consent of the	
other.  Nothing in this paragraph shall prevent the Engineer from employing such independent	
professional associates and consultants as the Engineer deems appropriate, pursuant to Article 6	
herein.			
Article 23.	Termination.	The  District  and  the  Engineer  may  terminate  this	
Agreement without cause upon notice.  At such time as the Engineer receives notification by the	
District to te1minate this Agreement, the Engineer shall not perform any further services unless	
directed to do so by the Board of Supervisors.  In the event of any termination or breach of any	

7

kind, the Engineer shall not be entitled to consequential or other damages of(including,anykind					
but  not  limited  to,	lost  profits),  but  instead  the  Engineer's	sole  remedy  will  be  to  recover		
			subject to any offsets.				
paymentservicesfor	rendered to the date of the notice of	termination,					
								
Article 24.	Recovery of	Costs and Fees.	In the	event  either party  is required	to		
							
enforce this Agreement by court proceedings	or otherwise, then the substantially prevailing	party		
					
			costs  incurred,  including  reasonable		
shall  be  entitled  to	recover  from  the  other  party	all			
attorneys'  fees,  paralegal fees  and	expert witness  fees	and	costs  for  trial,  alternative	dispute		
								
resolution, or appellate proceedings.											

of

the

Article 25.	Acceptance.	Acceptance of this Agreement is	
authorized representative of the District and the Engineer in the	

indicated by the signature

spaces provided below.

IN WITNESS WHEREOF,

the day and year first above written.

the Parties hereto have caused these present to be executed

ATTEST:

NORTHPOWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of Supervisors

DENNIS

WOOD

ENGINEERING

LLC

Witness

By:  Dennis Wood		
Its:	---------------		

8

SCHEDULE

"A"

RATE

SCHEDULE

ATTACHMENT A

PROFESSIONAL SERVICES FEE

SCHEDULE

JOB CLASSIFICATION

Principal Engineer

Project Manager

Senior Designer

Senior Planner

Design Engineer

Engineer

Planner

Designer

CADDperson

Administrative Assistant

Clerical

HOURLY RATE

$125	
$100	
$100	
$100	
$	90	
$	85	
$	90	
$	85	
$	65	
$	60	
$	40	

9

, 2018
---------

North Powerline Road Community Development District

Polk County, Florida

Subject:

Work Authorization Number 1

North Powerline Road Community Development District

Dear Chairperson,

Board

of

Supervisors:

________________

,

is

pleased to  submit this  work  authorization  to

provide interim engineering services for the North Powerline Road Community Development District		
(the "District").  We will provide these services pursuant	to our current agreement dated June 20, 2018		
			
("Engineering Agreement") as follows:			

I.

Scope

of

Work

The District will engage the  services	of _____________, as	the  Interim		
Engineer to prepare an Engineer's Report to support the District's bond issuances and attendance at		
meetings and bond validation proceedings	regarding the District's issuance	of bonds. The Engineer's		
						associated exhibits will be		
Report will include a description of the District services and the following			
prepared and included as part of the report: a map of the District boundary	with existing potable water,		
			a map	of the Land		
sewer and reuse water service; a Conceptual Site Plan within the District boundary;				
Use  within  the  District boundary  and  sunoundings  area;  a  Location	map  of the  District;  and  A		
Boundary and Legal Description of the District boundary	(prepared by Client's Surveyor).			

II.

Fees
The	District	will	compensate

a	lump	sum

of

	($	~	.		
---------	------				
all direct costs which include items such as		
Agreement.					

The District will  reimburse	-----------	
printing, drawings, travel, deliveries, etc., pursuant to the	

This proposal, together with the Engineering Agreement, represents the entire understanding		
between  the  District  and  ____________.,	with  regard  to  the  referenced	work		
				
authorization.  If you wish to accept this work authorization,	please sign both copies where indicated,		
and return one complete copy to our office.  Upon receipt, we will promptly schedule our services.		

Thank you for  considering

create a quality project.

___________

.

We  look forward  to  helping  you

APPROVED AND ACCEPTED	Sincerely,

By:---------------
Authorized Representative of

North Powerline Road
Community Development District

By:	---------------		
			
Date:		

10

North

Community

Powerline Road

Development District

Authorization

of RFQ for District	Engineering		
			
under the CCNA		

Services

North Powerline Road

Community Development District

Annual

Resolution 2018-08,

Meeting Schedule for Fiscal Year

2018/2019

RESOLUTION 2018-08		
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH	
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT	
ADOPTING THE ANNUAL MEETING SCHEDULE	FOR FISCAL YEAR	
2018-2019; AND PROVIDING FOR AN EFFECTIVE DATE	

	WHEREAS,	the  North	Powerline  Road  Community		
			-purpose government created and		
"District") is a local unit of special			
	within Polk County, Florida; and		
190,	Florida Statutes, and situated			

Development	District	(the

existing pursuant to Chapter

WHEREAS,  the  District	is  required		
			
quarterly, semi-annually, or annually a schedule		
meetings with local governing authorities; and		

by	Section	189.015,

(including date, time,

Florida	Statutes,

and location) of its

to	file

regular

WHEREAS, further, in accordance	with the above-referenced statute, the District shall		
also publish quarterly, semi-annually, or annually the District's regular meeting schedule in a		
newspaper of general paid circulation	in the county in which the District is located.		

WHEREAS,

the  Board  desires  to  adopt	a	Fiscal  Year  2018-2019  annual  meeting	

schedule

attached

as

Exhibit

A.

NOW   THEREFORE   BE   IT   RESOLVED	BY	THE		
				
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD		
DEVELOPMENT DISTRICT:				

BOARD	OF

COMMUNITY

by

the

1.	The Fiscal Year 2018-2019 annual	meeting schedule attached hereto and incorporated		
reference herein as Exhibit	A is hereby approved and shall be published in accordance with		
				to applicable governing authorities.		
requirements of Florida law and also provided			
			
2.	This Resolution shall become	effective immediately upon its adoption.		

PASSED

AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Exhibit A:

Fiscal Year 2018-2019 Annual Meeting Schedule

EXHIBIT "A"

BOARD OF SUPERVISORS MEETING DATES NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2018-2019

The Board of Supervi sors of the North Powerl ine Road Community Development District wi lI hold the ir regular meetings for Fiscal Year 20 18-20 19 at ____________________.at

_ :_	a.m./p.m. unl ess otherwise indicated as fol lows:

I Add Meeting Dates I

The meetings a1-e open to the pub lic and wi ll be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings ,nay be continued to a datt:, time, and place to be specified on the record at the meeting. A copy of the agenda for these meetings may be obtai ned from 12051 Corporate I31vd., Orlando, Florida 328 17 or by calling (407) 382-3256.

There may be occasions when one or more Supervisors or staff will participate by telephone. Pursuant to provisions of the Americans with Disabi lities Act, any person req uiring special accomri1odations at tb is meeting because of a disab il_i ty or physica l impainnent should contact the District Office at (407) 382-3256 at least 48 hours prior lo the meeting. Lf you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1- 1, or l -800-955-877 1 (TTY)/ 1- 800-955-8770 (Voice), for a id in contacting the Distri ct Office.

A person who decides to appeal any decision made at the meeting with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of th e proceedings is made, inc luding the testimony and ev idence upon which such appeaJ is to be based.

District Manager

North

Community

Powerline Road

Development District

Designating

Resolution 2018-09,

Date, Time, and Location
Meeting

for

Landowners'

RESOLUTION 2018-09

A  RESOLUTION  OF  THE  BOARD  OF  SUPERVISORS  OF  THE

NORTH	POWERLINE	ROAD	COMMUNITY	DEVELOPMENT

DISTRICT DESIGNATING A DATE, TIME, AND LOCATION FOR
LANDOWNERS' MEETING OF THE DISTRICT, AND PROVIDING

FOR AN EFFECTIVE DATE.

WHEREAS,

"District")unitisa local

190, Florida Statutes,

the  North  Powerline  Road  Community  Development  District  (the		
of special-purpose government	created and existing pursuant	to Chapter		

being situated entirely within Polk County, Florida; and			

WHEREAS, the District's Board of Supervisors (the "Board")	is statutorily authorized to		
			
to	the District; and			
exercise the powers granted				

WHEREAS,
provisions of Chapter

all meetings

286, Florida

of the  Board

Statutes; and

shall be open

to

the public  and governed by

WHEREAS,  the

District (the "Ordinance")

effective  date	of	Polk  County	Ordinance  No.  18-036  creating  the		
					
is June 5,	2018; and			

WHEREAS, the District is statutorily required		
the District for the purpose	of electing five supervisors		
			
after the effective date of the Ordinance.		

to hold

for the

a meeting	of the landowners	of		
				
District within ninety (90) days		

NOW,  THEREFORE,  BE  IT  RESOLVED  BY  THE  BOARD  OF			
SUPERVISORS	OF	THENORTHPOWERLINEROAD			
COMMUNITY DEVELOPMENT DISTRICT:			
SECTION 1. In accordance with section 190. 006(2), Florida Statutes, the initial meeting		
of the landowners to elect five (5) supervisors of the District, shall be held on the __ day of		
___, 2018, at ___.m.,  located at _________________	_		

SECTION  2.	The  District's	Secretary  is  hereby		
				
landowners  meeting  in  accordance  with the  requirements		
Statutes.				

directed to of Section

publish  notice

190.006(2)(a),

of this

Florida

SECTION 3.

This Resolution shall become effective immediately upon its adoption.

PASSED

AND

ADOPTED

this

20

th

day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD COMMUNITY	
	DEVELOPMENT DISTRICT	

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road

Development District

Approving

Resolution 2018-10,

Fiscal Year 2017/2018

and

2018/2019

Proposed

Annual

Budgets

and

Setting a

Public

Hearing

Date

for

Final Adoption

RESOLUTION 2018-10	
A RESOLUTION OF THE BOARD	OF	SUPERVISORS OF THE NORTH	
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT	
APPROVING   THE   PROPOSED   BUDGETS   FOR   FISCAL   YEAR	
2017/2018  AND  FISCAL  YEAR  2018/2019,  AND  SETTING  A  PUBLIC	
HEARING   THEREON   PURSUANT	TO   FLORIDA   LAW   AND	
PROVIDING FOR AN EFFECTIVE DATE.					
WHEREAS,  the	North  Powerline  Road	Community	Development  District  (the		
"District")  was  established  by  Ordinance	No.  18-036,  adopted	by  the  Board  of  County		
		of June 5, 2018; and				
Commissioners of Polk County, Florida, effective as					
WHEREAS,  the	District  Manager	has  prepared  and  submitted  to  the  Board	of		
Supervisors of the North Powerline	Road Community Development District (the "Board") the		
								
proposed operating budgets for Fiscal Year 2017/2018 and Fiscal Year 2018/2019; and				
WHEREAS,  the  Board  has  considered  the  proposed  budgets  and  desires  to  set  the		
required public hearing thereon.								
NOW,   THEREFORE,   BE   IT   RESOLVED   BY   THE   BOARD   OF				
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD  COMMUNITY				
DEVELOPMENT DISTRICT:							
SECTION 1. The operating budgets proposed by the District Manager for Fiscal Year		
2017/2018 and Fiscal Year 2018/2019 attached hereto as Exhibit A are hereby approved	as	the		
				
basis for conducting a public hearing to adopt said budgets.					
SECTION 2. The public hearing on the approved budgets is hereby declared and set for		
the following date, hour and location:							
DATE:				, 2018					
	----------					
HOUR:									

LOCATION:

-----------

SECTION 3. The

budgets to Polk County at

District Manager is hereby directed to submit a copy

least sixty (60) days prior to the hearing set above.

of

the proposed

SECTION  4.  In  accordance  with  Section  189.016,	Florida  Statutes,	the	
Secretary is further directed to post the approved budgets on the District's website at	
(2) days before the budget hearing date as set forth in Section 2.			

District's

least two

1

SECTION 5.	Notice of this public hearing shallpublishedbe	in the manner prescribed in		
				
Florida law.				
SECTION 6.	This Resolution shall take effect immediately	upon adoption.		
				
PASSED AND ADOPTED this 20th day of June, 2018.			
ATTEST:	NORTH POWERLINE ROAD		
	COMMUNITY DEVELOPMENT		
	DISTRICT			

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Exhibit

A:

Fiscal Year 2017/2018 and Fiscal Year 2018/2019 Budgets

2

North Powerline Road CDD

FY 2018 Proposed O&M Budget

Revenues

Developer Contributions

Net Revenues

General & Administrative Exuenses

Supervisor Fees

D&O Insurance

Trustee Services

District Management

Engineering

Dissemination Agent

District Counsel

Audit

Travel and Per Diem

Conference Calls

Postage & Shipping

Copies

Legal Advertising

Miscellaneous

Web Site Maintenance

Dues, Licenses, and Fees

Bank Fees

Landscaping Maintenance

Pond Maintenance

General Insurance

Total General & Administrative Expenses

Total Expenses

Net Income (Loss)

	Anticipated	
	06/2018 -	
	09/2018	
$	60,000.00	
$	60,000.00	
$	2,000.00	
	1,000.00	
	2,000.00	
	6,666.67	
	5,000.00	
	1,666.67	
	8,333.33	
	2,000.00	
	166.67	
	66.67	
	100.00	
	166.67	
	2,666.67	
	366.67	
	966.67	
	83.33	
	83.33	
	21,666.67	
	4,000.00	
	1,000.00	
$	60,000.00	
$	60,000.00	
$	

North Powerline Road COD

FY

2019 Proposed O&M Budget

Revenues

Developer Contributions

Net Revenues

General & Administrative ExQenses

Supervisor Fees

D&O Insurance

Trustee Services

District Management

Engineering

Dissemination Agent

District Counsel

Audit

Travel and Per Diem

Conference Calls

Postage & Shipping

Copies

Legal Advertising

Miscellaneous

Web Site Maintenance

Dues, Licenses, and Fees

Bank Fees

Landscaping Maintenance

Pond Maintenance

General Insurance

Total General & Administrative Expenses

	FY 2019	
	Proposed	
	Budget	
$	180,000.00	
$	180,000.00	
$	6,000.00	
	3,000.00	
	6,000.00	
	20,000.00	
	15,000.00	
	5,000.00	
	25,000.00	
	6,000.00	
	500.00	
	200.00	
	300.00	
	500.00	
	8,000.00	
	1,100.00	
	2,900.00	
	250.00	
	250.00	
	65,000.00	
	12,000.00	
	3,000.00	
$	180,000.00	

Total Expenses

$

180,000.00

Net Income (Loss)

$

North Powerline Road

Community Development District

FY

2017/2018

and

FY 2018/2019

Agreement

Budget

Funding

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2017/2018 AND FISCAL YEAR 2018/2019

BUDGET FUNDING AGREEMENT

THIS AGREEMENT

by and between:

("Agreement")

is

made and entered into this

20th

day

of

June, 2018,

North Powerline Road Community Development District,	
purpose  government  established  pursuant	to  Chapter  190,	
located  in  Polk  County,  Florida,  with  a	mailing  address	
Boulevard, Orlando, Florida 32817 (the "District"), and	

a local unit of special-
Florida  Statutes,	and
of  12051	Corporate

Polk Urban Management Project, LLC, a Florida limited liability company and	
the Landowner of the landsthein	District with a mailing address of 346 East Central	
Avenue,  Winter Haven,  Florida	33880  (the "Landowner" and, together with the	
District, the "Parties").		
	RECITALS	

WHEREAS, the District was established by Ordinance No. 18-036 adopted by

County Commissioners of Polk County, effective as of June 5, 2018, for the purpose
financing, constructing, operating, and/or maintaining certain infrastructure; and

the
of

Board of

planning,

WHEREAS, the District, pursuant to Chapter 190, Florida Statutes,

such taxes, special assessments, fees, and other charges as may be necessary

District's activities and services; and

is

in

authorized to levy furtherance of the

WHEREAS, the Landowner presently owns the majority of all real property described in		
Exhibit A, attached hereto and incorporated herein ("Property"),	within the District, which Property		
			
will benefit from the timely construction and acquisition of the District's facilities, activities, and		
services and from the continued operations of the District; and			

WHEREAS, the District

which year commenced October

Budget"); and

is

1,

adopting its general fund budget for Fiscal Year 2017/2018,

2017, and concludes on September 30, 2018  (the "FY 2018

WHEREAS, the District is adopting its general fund budget for

which year commenced October 1, 2018, and concludes on September

Budget" and together with the "FY 2018 Budget," the "Budgets"); and

Fiscal Year 2018/2019,

30, 2019 (the "FY 2019

WHEREAS, the Budgets, which in the sole discretion of the District, is Composite Exhibit B; and

both Parties recognize may be amended from

attached hereto  and incorporated herein by

time to time

reference as

WHEREAS, the District has the option of levying non-ad valorem assessments	
including the Property owned by the Landowner, that will benefit from the activities,	
and services set forththein	Budgets, or utilizing such other revenue sources as may be	
it; and		

on all land,

operations,
available to

WHEREAS,	the Landowner is willing to provide such funds as are necessary to allow the	
District to proceed with its operations as described in Composite Exhibit B; and	
WHEREAS,	the Landowner agrees that	the activities,  operations, and services provide a	
special and peculiar benefit equal to or in excess	of the costs reflected on Composite Exhibit B to	
the Property; and			

WHEREAS, the Landowner has agreed to enter into this Agreement

District  levy  and	collect  any  non-ad  valorem  operation  and  maintenance

Assessments")	as	authorized	by	law	against  the	Property	located	within

activities, operations, and services set forth in Composite Exhibit B;

in lieu of having the	
assessments	("O&M	
the  District	for  the	

WHEREAS, the Parties desire to secure such budget funding through the imposition

continuing lien against the Property described in Exhibit A and otherwise as provided herein.

of

a

NOW,	THEREFORE,	based
covenants of the Parties, the receipt of

the Parties agree as follows:

upon	good	and	valuable	consideration	and	the	mutual

which and sufficiency of which are hereby acknowledged,

SECTION 1.	FUNDING.  The  Landowner  agrees  to  make  available  to  the  District the		
monies necessary for the operation of the District, as called for in the Budgets attached hereto as		
Composite Exhibit B, within fifteen (15) days of written request by the District.  Amendments	to		
			
the Budgets as shown	on Composite Exhibit B adopted by the District at a duly noticed meeting		
shall  have  the  effect	of amending this  Agreement without  further  action  of the	Parties.	Funds		
provided hereunder shall be placed in the District's general checking account.  In no way shall the		
foregoing  in any way  affect the District's ability to  levy special  assessments upon the property		
within the District, including the Property, in accordance with Florida law, to provide funds for any		
unfunded expenditures whether such expenditures are the result of an amendment to the District's		
Budgets or otherwise.  These payments are made by the Landowner in lieu of O&M Assessments		
which might otherwise be levied or imposed by the District.							
SECTION 2.  CONTINUING LIEN.  The District shall have the right to file a continuing		
lien (the "Lien") upon the Property described in Exhibit A for all payments due and owing under		
the terms of this Agreement and for interest thereon, and for reasonable attorneys' fees, paralegals'		
fees, expert witness fees, expenses, and court costs incurred by the District incident to the collection		
of funds under this Agreement or for enforcement of this Lien, and all sums advanced and paid by		
the District for taxes and payment on account of superior interests, liens, and encumbrances in order		
to preserve and protect the District's Lien.  The Lien shall be effective as	of the date and time	of the		
recording of a "Notice of Lien for the FY 2018 Budget" and a "Notice	of Lien for the FY	2019		
Budget" in the public records of Polk County, Florida, stating amongtheother things,	description of		
the real property and the amount due as of the recording of the Notice, and the existence	of this		
Agreement.  The District Manager, in its sole discretion, is hereby authorized by the District to file		
the Notice of Lien for the Budgets on behalf of the District, without the need of further Board action		
authorizing or directing such filing.  At the District Manager's direction, the District may also bring		
an action at law against the record title holders to the Property to pay the amount due under this		
Agreement, or may foreclose the Lien against the Property in any manner authorized by law.  The		
District may partially release any filed Lien for portions of the Prope1iy subject to a plat if and	when		

2

the Landowner has demonstrated, in the District's sole discretion, such release will not materially		
impair the ability of the District	to  enforce the collection	of funds  hereunder.  In the event the		
				
Landowner sells any of the Property described in Exhibit A after the execution of this Agreement,		
the  Landowner's rights  and obligations  under this  Agreement shall remain the  same; provided,		
however, that the District shall only have the right to file a Lien upon the remaining Property owned		
by the Landowner.				

SECTION 3.  REMEDIES	FOR NONPAYMENT.	In		
		pursuant to this		
make payments as and when due to the District			
		at		
the following remedies, in addition	to other remedies available			

the event the Landowner fails to

Agreement, the District shall have
law and equity:

	A.	At the Board's direction,	the District may bring an action at law against the		
											or may foreclose the		
record title holder to the Property	to pay the amount due under this Agreement,			
Lien against the Property in any manner authorized by law.  The District may enforce the collection		
of funds  due under this Agreement	by	action against the Landowner in the appropriate judicial		
		The enforcement	of	the collection of	funds in this manner		
forum in and for Polk County, Florida.						
shall be in the sole discretion	of	the District Manager on behalf of the District.					
																					
	B.	The District hereby	finds that the activities, operations, and services set out in		
				and peculiar benefit to  the  Property.   The Landowner		
Composite Exhibit B provide	a special				
												Composite Exhibit B provide	a		
agrees that	the activities,	operations,  and services  set forth  in				
			to	the Property equal to or in excess of the costs set out in Composite		
special and peculiar benefit				
							or in addition to the other methods	of	collection set forth in		
Exhibit B.	Therefore, in the alternative,					
								
									to	certify amounts due hereunder as a		
this Agreement, the District, in its sole discretion, may choose				
non-ad valorem assessment		on all or any part	of	the Property	for collection,  either through the		
							or under any method	of		
																				
Uniform Method of Collection set forth in Chapter 197, Florida Statutes,				
				
direct bill and collection authorized by Florida law.	Such assessment,	if imposed, may be certified		
on the next available tax roll	of	the Polk County	property appraiser.  The Landowner hereby waives		
								to such assessments if imposed, as		
and/or relinquishes any rights it may have	to challenge or object			
well as the means of collection	thereof.																
																				
SECTION 4.	AGREEMENT;AMENDMENTS.	This instrument shall constitute	the final		
and complete expression of	the agreement	between the Parties relating	to the subject matter of this		
									
							contained in this Agreement may be		
Agreement.	Amendments	to	and waivers of the provisions				
						of the Parties	hereto.				
								which is executed by both						
made only by an instrumentwriting								

SECTION 5.  AUTHORIZATION	.	The  execution  of this		
				hereto, each		
authorized by the appropriate	body or official of all parties			
				
				and authority to		
the requirements of law, and each party has full power			
				
provisions of this instrument.							

Agreement  has	been  duly

party has complied with all

comply with the terms and

SECTION 6.	ASSIGNMENT.	This Agreement		
either party only upon the written	consent of the other,		
				
withheld.					

may be assigned, in whole or in part, by

which consent shall not be umeasonably

other

right

SECTION 7.	DEFAULT.	A default by either party under this Agreement shall entitle		
to all remedies available at law or in equity, which shall include, but not be limited to,		
of damages, injunctive relief, specific	performance, and specifically	including the ability of		

the
the

the

3

												thein		manner described in		
District to enforce any and all payment obligations under this Agreement										
Paragraph 3 above.																						
SECTION 8.  THIRD		PARTY	RIGHTS;		TRANSFER	OF	PROPERTY.	This		
								of	action	shall accrue		
Agreement is solely for the benefit	of the Parties hereto and no right or cause					
				Nothing in		
				of any person or entity not a party hereto.			
upon or by reason hereof, to or for the benefit				
							
this Agreement expressed or implied is intended or shall be construed to confer upon any person or		
entity other than the Parties hereto any right, remedy,underor claim		or by reason	of this Agreement		
or any provisions or conditions	hereof; and all of the provisions,	representations, covenants, and		
													
conditions herein contained	shall inure to the sole benefit of	and shall be binding upon the Parties		
hereto and their respective representatives, successors, and assigns.  In the event that the Landowner		
sells or otherwise disposes	of	its business or	of all or substantially all of its assets relating to the		
						Property, the	Landowner will expressly require that the		
lands within the District,  including the				
purchaser  agree  to  be  bound	by	the  terms	of this	Agreement.	In  the	event	of such  sale  or		
							amount	equal to the then unfunded	portion of		
disposition, the Landowner	may place into escrow an					
						the		
							the remainder of			
		any budgeted expenses that may arise during				
the adopted Budgets to fund					
				to the purchaser.		
fiscal year and provide the District	evidence of assignment	of this Agreement			
							to,		
Upon confirmation of the deposit	of said funds into escrow, and evidence	of such assignment			
			be		
and  assumption  by  the  purchaser,  the	Landowner's	obligation	under  this	Agreement  shall			
deemed fulfilled and this Agreement	terminated with respect	to the Landowner's	obligations.	The		
									
Parties hereto recognize that the Landowner is responsible for expenditures	of	the District in the		
Budgets  and  that  expenditures  approved  by the  Board may  exceed the  amount  adopted in the		
Budgets.  The Landowner shall notify the Districtwriting	ninety (90) days prior to an anticipated		
sale or disposition of all or substantially all of the Property.													

SECTION 9.  CONTROLLING  LAW;  VENUE.	This  Agreement	
contained herein shall be construed, interpreted and controlled according to the	
Florida.  Venue shall be in Polk County, Florida.		

and

laws

the
of

prov1s10ns

the State of

SECTION	10. ARM'S LENGTH TRANSACTION.  This Agreement	has been negotiated		
fully  between the	Parties	as  an  arm's  length transaction.	The Parties  participated fully  in the		
						In the case	of a		
				assistance of their respective counsel.				
preparation of this Agreement with the					
dispute  concerning	the  interpretation	of	any  provision of	this  Agreement,	the	Parties  are	each		
										
deemed to have drafted, chosen, and selected the language, and the doubtful language will not be		
interpreted or construed against any party.								

SECTION 11. EFFECTIVE	DATE.	The Agreement shall be effective	after		
					
		provisions of this Agreement	shall survive its		
both Parties hereto.  The enforcement				

until all payments due under this Agreement are paid in full.				

execution by
termination,

SECTION 12. ENFORCEMENT OF AGREEMENT.	In the event that either	party is	
required to enforce this Agreement by court proceedings or otherwise, then the Parties agree that the	
substantially prevailing party shall be entitled to recover from the other all costs incurred, including	
reasonable attorneys' fees, paralegal fees,  and expert witness fees  and costs for trial, alternative	
dispute resolution, or appellate proceedings.			

SECTION
documents of any

13. PUBLIC
kind provided

RECORDS.	The  Landowner	understands  and  agrees  that  all	
to the District or to District Staff in connection with the work	

4

contemplated under this Agreement are public records

Florida law.

and

are treated

as

such in accordance with

IN WITNESS WHEREOF,

written above.

the  Parties  execute  this  Agreement the  day  and  year first

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/Assistant Secretary	ChairpersonNice Chairman	

POLK URBAN MANAGEMENT

PROJECT, LLC

By:--------------

Print

Title:

Name:	----------		
			
------------		

Exhibit A:

Composite

Exhibit

B:

Description of the Property
Fiscal Year 2017/2018 and 2018/2019 General Fund Budgets

5

Exhibit A

Description

of

the Property

PARCEL 1 (272634-000000-022030)

THE SE-1/4 of SE-1/4 OF SECTION 34, LESS THE SOUTH 933.34 FEET OF

OF SECTIONTOWNSHIP35,	26 SOUTH, RANGE 27 EAST, POLK COUNTY,

THE EAST

FLORIDA.

933.34

FEET

THEREOF,

PARCEL 2 (272634-000000-022020)					
THE SOUTH 933.34 FEET OF THE EAST 933.34	FEET OF THE SOUTHEAST¼		
34, TOWNSHIP 26 SOUTH, RANGE 27	EAST, POLK COUNTY,	FLORIDA.		

OF

SOUTHEAST¼

OF

SECTION

PARCEL 3 (272635-000000-044010)

THE SW-1/4 OF SW-1/4 OF SECTION

FLORIDA.

35, ALL

IN

TOWNSHIP

26

SOUTH, RANGE 27

EAST,

POLK COUNTY,

PARCEL

4 (272703-713500-010031)

PARCEL "A": FROM THE NE CORNER OF THE NW¼	OF THE NE¼	OF SECTION 3, TOWNSHIP	27S, RANGE		
							
27E,	POLK COUNTY, FLORIDA, RUN WEST, ALONG THE NORTH	LINE OF SAID SECTION 3, 595.8 FT., TO		
THE	EASTERLY RIGHT-OF-WAY LINE	OF US	HIGHWAY NO. 17 & 92; RUN THENCE S-12°46'30"-W,ALONG		
RIGHT-OF-WAY,	125.0 FT.;  RUN  THENCE	EAST,	PARALLEL TO	THE  NORTH  LINE  OF SAID  SECTION	3,		
							
625.95	FT., TO A POINT ON THE EAST LINE	OF	SAID	NW¼  RUN THENCE NORTH, ALONG SAID EAST LINE,		
121.91	FT., TO POINT	OF BEGINNING.													
SUBJECT  TO  ANY  EXISTING  DEDICATIONS	OF  ROAD  RIGHT-OF-WAYS	IN  FLORIDA	DEVELOPMENT		
								
COMPANY'SPLAT OF	SAID SECTION 3. AND PARCEL	"B" FROM THE NE CORNER OF THE NW¼	OF THE	NE		
¼  OF SECTION 3 TOWNSHIP 27 SOUTH, RANGE	27	EAST, POLK COUNTY,	FLORIDA, RUN WEST, ALONG		
									
THE NORTH LINE OF SAID SECTION 3,595.8 FT.,	TO	THE	EASTERLY RIGHT-OF-WAY LINE	OF US HIGHWAY		
NO.	17	& 92; RUN THENCE S-12°46'30"-W,ALONG SAID RIGHT	OF WAY LINE, 125.0 FT., TO THE POINT		
OF BEGINNING;	RUN	THENCE EAST,	PARALLEL TO THE NORTH LINE OF SAID SECTION 3,	625.95 FT., TO A		
POINT ON THE	EAST	LINE	OF SAID	NW ¼	OF  NE	1/4;	RUN THENCE SOUTH, ALONG SAID EAST	LINE,		
390.33	FT;  RUN  THENCE	N-77°13'30"-W,704.65	FT.,	TO  THE  EAST  RIGHT-OF-WAY  LINE  OF	SAID		
HIGHWAY; RUN THENCE N-12°46'30"-E,241.4	FT., TO THE POINT OF BEGINNING.						

PARCEL 5 (272703-000000-011000)			
THE NE¼	OF NE¼	OF SECTION 3, TOWNSHIP	27 SOUTH,		

RANGE 27

EAST,

POLK

COUNTY, FLORIDA.

PARCEL 6 (272703-713500-010200)

FLA DEVELOPMENT CO SUB PB 3 PGS OF SECTION 3, TOWNSHIP 27 SOUTH,

60 TO 63 TRACTS 20, 21 LESS N RANGE 27 EAST, POLK COUNTY,

15 FT FOR

FLORIDA.

ROAD

R/W

ALL IN

NE¼

PARCEL 7 (272703-713500-010294)

FLA DEVELOPMENT CO SUB PLAT BOOK 3, PAGES 60 TO

IN NE¼	OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27

63, TRACT 29, NORTH½ NORTH EAST, POLK COUNTY, FLORIDA.

OF CLAY

ROAD

PARCEL 8 (272703-713500-010282)			
FLA DEVELOPMENT CO SUB PB 3 PGS 60	TO 63, SOUTH½		
SOUTH, RANGE 27 EAST, POLK COUNTY,	FLORIDA.		

TRACT

28

IN

NEl/4

SECTION 3, TOWNSHIP 27

6

PARCEL 9 (272703-713500-010220)

TRACT 22  LESS  NORTH  15  FEET  AND

TRACT

27

LESS

SOUTH

15

FEET

IN

FLORIDA

DEVELOPMENT

COMPANY'SSUBDIVISION,

ACCORDING

TO

MAP

OR

PLAT

THEREOF

RECORDED

IN

PLAT

BOOK

3,

PAGES

60

TO

63,

IN

SECTION

3,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA.

PARCEL

10

(272703-713500-010231)

LOT

23,

LESS

THE

SOUTH

100

FEET

OF

THE

WEST

84.74

THEREOF

AND

LESS

THE

NORTH

15

FEET

THEREOF,

LOT

24

LESS THE

NORTH

15

FEET

THEREOF;

THE

EAST¾

OF

LOT

26 AND

ALL

OF

LOT

25,

LESS

THE

SOUTH

15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHEAST

QUARTER

OF

SECTION

3,

TOWNSHIP	27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

FLORIDA

DEVELOPMENT

COMPANY SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60-63,

OF

THE

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA,

SUBJECT

TO

AN

EASEMENT

AS

SHOWN

ON

PLAT

30

FEET

IN

WIDTH, 15

FEET

ALONG

THE

EAST

BOUNDARY

OF

THE

NORTHEAST

QUARTER

OF

SECTION

3,

AND 15

FEET

ALONG

THE

WEST

BOUNDARY

OF

THE

NORTHWEST

QUARTER OF

SECTION

2.

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

PARCEL 11 (272702-713000-030172)

LOTS 17, 18 AND THE NORTH ¾	OF LOT

19,

LESS

THE

NORTH

15

FEET

OF

SAID

LOTS;

LOT

32 AND

THE

WEST

ONE

HALF

OF

LOT

31,

LESS

THE

SOUTH

15

FEET

OF

SAID

LOTS,

ALL

LYING

AND

BEING

IN

THE

NORTHWEST

QUARTER

OF

SECTION

2,

TOWNSHIP

27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

THE

FLORIDA

DEVELOPMENT

COMPANY SUBDIVISION,

AS

RECORDED

IN

PLAT

BOOK

3,

PAGES

60

TO

63,

OF

THE

PUBLIC

RECORDS

OF

POLK

COUNTY,

FLORIDA,

SUBJECT

TO

AN

EASEMENT

AS

SHOWN

ON

PLAT

30

FEET

IN

WIDTH,  15

FEET

ALONG

THE

EAST

BOUNDARY

OF

THE

NORTHEAST

QUARTER OF

SECTION

3,

AND

15

FEET

ALONG

THE WEST

BOUNDARY

OF

THE

NORTHWEST

QUARTER

OF

SECTION

2.

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

CONTAINING

190.56

ACRES

MORE

OR

LESS.

7

Composite Exhibit B

Fiscal Years 2017/2018

and

2018/2019

General

Fund

Budgets

8

North

Community

Powerline Road

Development District

Setting

a

Resolution 2018-11,

Public Hearing on Adoption
Procedure

of

Rules

of

•

•

•

Rules of Procedure

Note of Rule Development Notice of Rulemaking

RESOLUTION 2018-11

A

RESOLUTION

OF  THE	BOARD	OF	SUPERVISORS	OF  THE

NORTH

POWERLINE	ROAD

COMMUNITY

DEVELOPMENT

DISTRICT

TO

DESIGNATE

DATE,

TIME

AND

PLACE

OF PUBLIC

HEARING

AND

AUTHORIZATION

TO

PUBLISH NOTICE OF SUCH

HEARING

FOR

THE	PURPOSE	OF

ADOPTING

RULES	OF

PROCEDURE;

AND

PROVIDING

AN

EFFECTIVE

DATE

WHEREAS, the North Powerline Road Community Development District (the "District") is

a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida

Statutes, being situated entirely within Polk County, Florida; and

WHEREAS,	the	Board	of  Supervisors	of the

Development District (the "Board") is authorized by Section

rules and orders pursuant to Chapter 120, Florida Statutes.

North	Powerline	Road	Community

190.011 (5), Florida Statutes, to adopt

NOW,

THEREFORE,	BE	IT

RESOLVED

BY

THE

BOARD

OF

SUPERVISORS OF THE NORTH POWERLINE ROAD COMMUNITY

DEVELOPMENT

DISTRICT:

__

SECTION 1. A Public
day of _____,

Hearing

2018, at

will be held to adopt
___.m., located

the District's Rules of Procedure on the
at ____________

SECTION 2.

accordance with Section

The District Secretary is  directed to  publish notice

120.54, Florida Statutes.

of

the  hearing in

SECTION

3.

This Resolution shall become effective immediately upon its adoption.

PASSED

AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

RULES OF PROCEDURE

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

TABLE OF CONTENTS

1.0	General ......................................................................................................................	.		
	I.I	Board of Supervisors; Officers and Voting .................................................	..		
					
	1.2	District Offices; Public Info1mation.....................................................................andInspectionofRecords;Policies;	.		
		Service Contract Requirements			
	1.3	Public Meetings, Hearings, and Workshops .................................................	.		
2.0	Rulemaking Proceedings ..........................................................................................	.		
3.0	Competitive Purchase ...............................................................................................	.		
	3.1	Procedure Under The Consultants' Competitive Negotiation Act................		
	3.2	Procedure Regarding Auditor Selection........................................................		
	3 .3	Purchase of Insurance ............. ..... .... .. .... .... ... ... .. .. .. .... .. .. ......... ...... .............. ...		
	3.4	Pre-qualification.............................................................................................		
	3 .5	Construction Contracts, Not Design-Build....................................................		
	3.6	Construction Contracts, Design-Build...........................................................		
	3.7	Payment and Perfo1mance Bonds..................................................................		
	3.8	Goods, Supplies, and Materials.....................................................................		
	3.9	Maintenance Services....................................................................................		
	3.10	Contractual Services......................................................................................		
	3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4,			
		3.5, 3.6, 3.8, and 3.9.......................................................................................		
4.0	Effective Date ...........................................................................................................	.		

2

3

7

10

15

21

26

30

34

36

39

43

48

49

53

56

57

60

1

Rule  1.0

(1)

General.					
The North Powerline Road Community	Development District (the "District") was		
					
created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was		
established to provide for the ownership, operation, maintenance, and provision	of		
			
various capital facilities and services within its jurisdiction. The purpose of these		
rules (the "Rules") is to describe the general operations	of the District.			

(2)

(3)

Definitions located within any sectionRulesof these		shall		
				
other sections, unless specifically stated to the contrary.		
Unless specifically permitted by a written agreement	with		
			
does  not  accept  documents  filed  by  electronic	mail  or		
				
Filings are only accepted during normal business hours.		

be applicable within all

the District, the District

facsimile  transmission.

(4)

A Rule of the District shall be effective upon adoption by affirmative vote	of the		
District Board.  After a Rule becomes	effective, it may be repealed or amended		
				in	these	Rules.		
only   through	the	rulemaking   procedures	specified					
Notwithstanding, the District may immediately	suspend the application of a Rule		
		with Florida law.	In the event		
if the District determines that the Rule conflicts				
		not been suspended		
that a Rule conflicts	with Florida law and its application has			
by the District, such Rule should be interpreted	in the manner that best effectuates		
the intent of the Rule while also complying with	Florida law.	If the intent	of the		
Rule absolutely cannot be effectuated while complying with Florida law, the Rule		
shall be automatically suspended.								

Specific Authority:  §§190.011(5),	190.011(15), Fla. Stat.	
Law Implemented:  §§190.011(5),	190.011(15), Fla. Stat.	

2

Rule 1.1

(1)

(2)

Board	of	Supervisors; Officers and Voting.										
Board of	Supervisors. The Board of Supervisors of the District (the "Board") shall		
consist	of	five (5) members. Members of the Board ("Supervisors")	appointed by		
								
ordinance	or rule or elected by landowners must be citizens	of the United States		
of America and residents of	the State of Florida.  Supervisors elected by resident		
electors must be citizens of the United States of America, residents of the State	of		
Florida and of	the District, registered to vote with the Supervisor of Elections	of		
the  county  in  which  the  District  is  located,  and  qualified.   The  Board  shall		
exercise the powers granted to the District under Florida law.								
(a)	Supervisors shall hold office for the term specified by Section 190.006	of		
	the Florida Statutes.	If, during the term of office, any Board member(s)		
	vacates their office, the remaining member(s)	of	the Board shall fill the		
	vacancies  by  appointment for  the  remainder	of	the  term(s).  If three  or		
	more vacancies exist at the same time, a quorum, as defined herein, shall		
	not be required to appoint replacement Board members.						
(b)	Three (3) members of the Board shall constitute a quorum for the purposes		
	of	conducting  business,  exercising  powers  and  all  other  purposes.		A		
	Board member shall be counted toward the quorum if physically present at		
	the meeting, regardless of whether such Board member is prohibited from,		
	or abstains from, participating in discussion or voting	on a particular item.		
(c)	Action taken by the Board shall be upon a majority vote of	the members		
	present,  unless  otherwise  provided  in  the  Rules  or  required  by  law.		
	Subject  to  Rule  1.3(10),  a  Board  member  participating  in  the  Board		
	meeting by teleconference or videoconference   shall  be entitled to	vote		
	and takeactionallother	as though physically present.								
( d)	Unless  otherwise  provided for  by  an  act  of	the  Board,  any  one  Board		
	member may  attend	a  mediation session on behalf	of the  Board.		Any		
	agreement  resulting  from  such  mediation  session  must  be  approved		
	pursuant to subsection (l)(c) of this Rule.										
Officers.	At the  first  Board meeting held  after  each  election where the  newly		
elected  members  take  office,  the  Board  shall  select	a		Chairperson,	Vice-		
Chairperson, Secretary, Assistant Secretary, and Treasurer.								
(a)	The  Chairperson must be  a member  of the  Board.		If the	Chairperson		
	resigns from that office or ceases to be a member	of	the Board, the Board		
	shall select a Chairperson.  The Chairperson serves at the pleasure	of the		
	Board.	The Chairperson shall  be authorized to	execute resolutions and		
	contracts  on the  District's  behalf.   The  Chairperson	shall	convene	and		
								
	conduct all meetings	of the Board.  In the event the Chairperson is unable		
	to attend a meeting, the Vice-Chairperson shall convene and conduct the		

3

	meeting.	The  Chairperson  or  Vice-Chairperson  may  delegate  the		
	responsibility  of  conducting  the  meeting  to	the  District's  manager		
	("District Manager") or District Counsel, in whole or in part.			
(b)	The Vice-Chairperson shall be a member of the Board and shall have such		
	duties and responsibilities as  specifically designated by the Board from		
	time  to  time.The  Vice-Chairperson  has  the  authority  to  execute		
	resolutions  and contracts  on the  District's behalf in the  absence  of the		
	Chairperson.  If the Vice-Chairperson resigns from office or ceases to be a		
	member	of the  Board,  the  Board  shall  select	a  Vice-Chairperson.	The		
						
	Vice-Chairperson serves at the pleasure of the Board.			
(c)	The Secretary of the Board serves at the pleasure of the Board and need		
	not be a member of the Board.   The  Secretary shall be responsible for		
	maintaining the minutes  of Board meetings  and may have  other  duties		
	assigned by the Board from time to time.   An employee of the District		
	Manager may  serve as  Secretary.   The Secretary shall be bonded by  a		
	reputable and qualified bonding company in at least the amount of	one		
	million dollars ($1,000,000),  or have in place a fidelity bond, employee		
	theft  insurance  policy,  or  a  comparable  product  in the  amount  of	one		
	million  dollars  ($1,000,000)  that  names  the  District  as  an  additional		
	insured.					
(d)	The Treasurer need not be a member of the Board but must be a resident		
	of the State of Florida.  The Treasurer shall perform duties described in		
	Section  190.007(2)  and  (3)  of the  Florida  Statutes,  as  well  as  those		
	assigned by the Board from time to time.  The Treasurer shall serve at the		
	pleasure	of the Board. The Treasurer shall either be bonded by a reputable		
	and  qualified  bonding  company  in  at  least  the  amount  of one  million		
	dollars  ($1,000,000),  or  have  in place  a  fidelity  bond,  employee  theft		
	insurance policy, or a comparable product in the amount of one million		
	dollars ($1,000,000) that names the District as an additional insured.			

(e)	In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate
	one of its members or a member of District staff to	convene and conduct	
	the meeting.  In such circumstances, any of the Board members present are	
	authorized  to  execute  agreements,  resolutions,  and  other  documents	
	approved by the Board at such meeting.  In the event that the Chairperson	
	and  Vice-Chairperson  are  both  unavailable  to	execute	a	document	
	previously  approved  by  the  Board,  the  Secretary  or  any  Assistant	
	Secretary may execute such document.				
(f)	The Board may assign additional duties to District officers from time to	
	time, which include, but are not limited to, executing documents on behalf	

of

the District.

4

(3)

(4)

(5)

(6)

(g)	The Chairperson, Vice-Chairperson, and any other person authorized by
	District  Resolution  may  sign  checks  and  wmTants  for  the  District,	
	countersignedor by the Treasurer	other persons authorized by the Board.	
Committees.  The  Board  may  establish  committees  of the  Board,  either  on  a	
permanent  or  temporary  basis,  to  perform  specifically  designated  functions.	
Committees may include individuals who are not members of the Board.  Such	
functions  may  include,  but  are  not  limited to,  review  of bids,  proposals,  and	
qualifications, contract negotiations, personnel matters, and budget preparation.	
Record Book. The Board shall keep a permanent record book entitled "Record of	
Proceedings," in which shall be recorded minutes of all meetings,  resolutions,	
proceedings, certificates, and corporate acts.  The Records of Proceedings shall be	
located at a District office and shall be available for inspection by the public.	
Meetings.  For each fiscal  year, the Board shall establish a schedule of regular	
meetings, which shall be published in a newspaper of general circulation in the	
county in which the District is located and filed with the local general-purpose	
governments within whose boundm·ies the District is located.  All meetings	of the	
Board and Committees serving an advisory function shall be open to the public in	
accord with the provisions of Chapter 286Statutesofthe.Florida		
Voting Conflict oflnterest.  The Board shall comply with Section 112.3143	of the	
Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on	
matters coming before the Board for	a vote.	For the purposes of this section,	
"voting conflict of interest" shall be governed by Chapters  112 and 190	of the	
Florida  Statutes,  as  amended from  time to  time.   Generally,  a voting conflict	
exists when a Board member is called upon to vote on an item which would inure	
to the	Bom·d member's special private gain or loss or the Board member knows	
would inure to the special private gain or loss of a principal by whom the Board	
member is retained, the parent organization or subsidiary of a corporate principal,	
a business associate, or a relative including only a father, mother, son, daughter,	
husband,  wife,  brother,  sister,  father-in-law,  mother-in-law,  son-in-law,  and	
daughter-in-law.				
(a)	When a Board member knows the member has a conflict of interest on a	
	matter coming before the Board, the member should notify the Bom·d's	
	Secretary prior to participating in any discussion with the Board on the	
	matter.  The member shall publicly announce the conflict of interest at the	
	meeting.  This announcement shall appear in the minutes.		
	If the Board member was elected at a landowner's election or appointed to	
	fill  a vacancy of a seat last filled at	a landowner's election, the Board	
	member may vote or abstain from voting on the matter at issue.	If the	
	Board member was elected by electors residing within the  District, the	

5

(b)

(c)

(d)

Board member is prohibited from voting on the matter at issue.	In the		
event  that  the  Board  member  intends  to  abstain  or  is  prohibited  from		
voting, such Board member shall not participate in the discussion on the		
item subject to the vote.														
The Board's Secretary shall prepare a Memorandum	of	Voting Conflict		
								
(F01m 8B) which shall then be signed by the Board member, filed with the		
Board's  Secretary,  and  provided  for  attachment	to	the  minutes  of the		
									
meeting within fifteen ( 15) days of the meeting.											
If a Board member inadvertently votes on a matter and later learns he or		
she has a conflict on the matter, the member shall immediately notify the		
Board's  Secretary.	Within  fifteen  (15)	days	of the		notification,	the		
								
member shall file the appropriate Memorandum	of Voting Conflict, which		
											
will be attached to the minutes of the Board meeting during which the vote		
on  the  matter  occurred.   The  Memorandum	of	Voting	Conflict  shall		
				and	shall	be	read		
immediately	be	provided  to  other  Board	members						
publicly  at	the  next  meeting  held  subsequent	to	the	filing	of	the		
				vote is unaffected		
Memorandum of Voting Conflict.  The Board member's			
							
by this filing.																
It is not a conflict of interest for a Board member,	the District Manager, or		
								of a		
an employee of	the District to be a stockholder, officer or employee			
landowner or of	an entity affiliated with a landowner.								
In the event that a	Board member elected at	a	landowner's  election or		
appointed to fill	a vacancy of a seat last filled at a landowner's	election,		
					
has a continuing conflict of interest, such Board member	is permitted to		
					
file a Memorandum of Voting Conflict	at any time in which it shall state		
		Only	one		such  continuing		
the  nature	of	the	continuing  conflict.						
															
Memorandum of Voting  Conflict	shall  be required to  be filed for  each		
														
te1m the Board member is in office.														

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:	§§112.3143, 190.006, 190.007, Fla. Stat.	

6

Rule 1.2

(1)

(2)

District  Offices;	Public  Information	and  Inspection  of Records;	Policies;

Service Contract Requirements.

District Offices.	Unless otherwise designated by the Board, the official District
office shall be the District Manager's office identified by the District Manager.	If

the District Manager's office is not located within the county in which the District

is  located, the Board shall designate  a local records  office within such county

which shall at a minimum contain, but not be limited to, the following documents:

(a)	Agenda packages for prior twenty four (24) months and next meeting;

(b)	Official minutes of meetings, including adopted resolutions of the Board;

(c)	Names  and  addresses  of current Board members  and District Manager,

unless such addresses are protected from disclosure by law;

(d)	Adopted engineer's rep01is;

( e)	Adopted assessment methodologies/reports;

(f)	Adopted disclosure of public financing;

(g)	Limited Offering Memorandum for each financing undertaken by the District;

(h)	Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

(i)	District policies and rules;

(i)	Fiscal year end audits; and

(k)	Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the		
documents required by Florida law.						
Public Records.   District public records  include  all  documents,  papers,  letters,		
maps,	books,  tapes,	photographs,	films,	sound  recordings,	data  processing		
software,  or  other material,  regardless  of	the  physical  form,	characteristics,	or		
			of		
means	of transmission, made or received in connection with the transaction			
official  business  of	the  District.	All  District  public  records  not  otherwise		
restricted  by  law may  be  copied  or inspected  at the District Manager's  office		
during regular business hours.  Certain District records can also be inspected and		
copied at the District's local records office during regular business hours.   All		
written public records  requests shall be directed to the Secretary who by these		

7

	rules is appointed as the District's	records custodian.  Regardless of	the form	of		
											a public records		
	the request, any Board member or staff member who receives			
	request shall immediately forward or communicate such request to the Secretary		
	for  coordination  of a  prompt	response.		The  Secretary,  after  consulting  with		
														
	District Counsel as to the applicability	of any exceptions under the public records		
			to the public records request.  At no time		
	laws, shall be responsible for responding			
						of records, or prepare		
	can the District be required to create records or summaries			
									
	opinions regarding District policies, in response to a public records request.				
(3)	Service Contracts.   Any  contract	for services,  regardless	of cost,  shall include		
																
	provisions  required  by  law that require  the  contractor  to  comply  with  public		
	records laws.  The District Manager shall be responsible for initially enforcing all		
	contract provisions related to a contractor's duty to comply with public records		
	laws.																		
( 4)	Fees; Copies. Copies	of public records shall be made available	to the requesting		
								
	person at a charge of	$0.15 per page for one-sided copies and $0.20 per page for		
	two-sided copies if not more than 8 ½		by 14 inches.  For copies	of public records		
	in excess of the sizes listed in this section and for outside duplication	services, the		
			public		
	charge shall be equal to the actual cost of	reproduction. Certified copies of			
	records shall be made available at a charge of one dollar ($	1. 00) per page.	If	the		
	nature  or  volume  of	records  requested  requires  extensive  use  of	information		
	technology resources or extensive clerical or supervisory assistance, the District		
	may charge, in addition to the duplication charge, a special service charge that is		
	based on the cost the District incurs to produce the records requested.  This charge		
	may include, but is not limited to, the cost of	information	technology resource,		
							in		
	employee  labor,  and  fees  charged  to  the  District  by  consultants  employed			
				
	fulfilling the request.  In cases where the special service charge is based in whole		
	or in part on the costs incurred by the District due to employee labor, consultant		
	fees, or other forms of labor, those portions of	the charge shall be calculated	based		
						
	on the lowest labor cost of an individual	who is qualified to perform the labor.		
				shall mean that it will take more		
	For purposes of this Rule, the word "extensive"			
										
	than fifteen (15) minutes to locate, review for confidential information, copy and		
	re-file  the  requested  material.		In	cases  where  extensive  personnel  time	is		
	determined by the District to  be necessary to	safeguard original records	being		
	inspected, the special service charge provided	for in the section shall apply.	If	the		
											
	total fees, including but not limited to special service charges, are anticipated to		
	exceed  twenty-five  dollars  ($25.00),  then,  prior  to  commencing  work  on  the		
	request, the District will inform the person making the public records request of		
	the estimated cost, with the understanding that the final cost may vary from that		
	estimate.  If	the person making the public records request decides to proceed with		
	the  request,	payment	of the  estimated	cost  is  required  in advance.   After  the		
															
	request has been fulfilled, additional payments or credits may be due.					
(5)	Records Retention.  The Secretary	of	the District shall be responsible for retaining		
					applicable Florida law.						
		with												
	the District's records in accordance														

8

(

6)

Policies.	The Board may adopt policies related to the conduct
the provision of services either by resolution or motion.

of

its business and

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 190.006, 119.07, Fla. Stat.

9

Rule 1.3	Hearings,Public Meetings,	and Workshops.				
(1)	Notice. Except in emergencies, or as otherwise required by statute or these Rules,	
	at least seven (7) days, but no more than thirty (30) days public notice shall be	
	given of any public meeting, hearing or workshop  of the Board.  Public notice	
	shall be given by publication in a newspaper of general circulation in the District	
	and in the county in which the District is located.  "General circulation" means a	
	publication that is printed and published at least once a week for the preceding	
	year,  offering  at  least twenty  five  percent  (25%)  of its  words  in  the  English	
	language, qualifies as a periodicals material for postal purposes in the county in	
	which the District is located, is for sale to the public generally, is available to the	
	public generally for the publication of official or other notices, and is customarily	
	containing  information  of a public  character  or  of interest  or	of	value	to  the	
	residents or owners	of property in the county where published, or	of	interest or of	
	value to the general public.  The annual meeting notice required to be published	
	by Section 189.015	of the Florida Statutes, shall be published in a newspaper not	
	of limited subject matter, which is published at least five days a week, unless the	
	only newspaper  in the  county is published  less than five  days	a week.	Each	
	Notice shall state, as applicable:				

(a)

(b)

(c)

( d)

(e)

The date, time and place	of the meeting, hearing or workshop;				
A brief description of the nature, subjects, and purposes	of	the meeting,		
hearing, or workshop;								
The District office address for the submission of requests for copies of the		
agenda,  as  well  as  a  contact  name  and  telephone  number  for  verbal		
requests for copies of the agenda; and							
The following language:	"Pursuant to provisions of the Americans with		
Disabilities  Act,   any  person  requiring   special   accommodations	to		
participate in this meeting/hearing/workshopto	is asked	advise the District		
Office at least forty-eight ( 48) hours before the meeting/hearing/workshop		
by contacting the District Manager at (407) 382-3256.	If you are hearing		
or speech impaired, please contact the Florida Relay Service by dialing 7-		
1-1, or 1-800-955-8771 (TTY)/ 1-800-955-8770 (Voice), who can aid you		
in contacting the District Office."							
The following language:	"A person who  decides to appeal any decision		
made	at  the  meeting/hearing/workshop  with  respect  to	any  matter		
considered  at	the	meeting/hearing/workshop  is  advised that person	will		
need	a record	of	the proceedings and that accordingly,	the person may		
								
need to ensure that a verbatim record of the proceedings is made including		
the testimony and evidence upon which the appeal is to be based."			

10

(f)

The following language:	"The meeting [or hearing or workshop] may be

continued	in  progress	without	additional	notice	to	a  time,	date,	and

location stated on the record."

(2)	Mistake. In the event that a meeting is held under notice required by law and these Rules has been properly noticed meeting shall cure such defect by from the prior meeting individually and anew.

the incorrect assumption that

given, the  Board at  its next

considering the agenda items

(3)	Agenda.  The District Manager, under the guidance of District Counsel and the	
	Chairperson or Vice-Chairperson,  shall prepare	a notice  and an agenda of the	
	meeting/hearing/workshop.  The notice and agenda shall be available to the public	
	at least seventy-two (72) hours before the meeting/hearing/workshop except in an	
	emergency.   For good cause, the agenda may be changed after it is first made	
	available  for  distribution.   The  requirement  of	good  cause  shall  be  liberally	
	construed to allow the District to efficiently conduct business and to avoid the	
	expenses associated with special meetings.		
	The District may, but is not required to, use the following format in preparing its	
	agenda for its regular meetings:		
	Call to order				
	Roll call				
	Public comment			
	Organizational matters		
	Review of minutes		
	Specific items	of	old business		
	Specific items	of	new business		
	Staff reports				

(a)	District Counsel

(b)	District Engineer

(c)	District Manager

1.	Financial Report

2.	Approval of Expenditures

Supervisor's requests and comments

Public comment

Adjournment

(4)	Minutes. The Secretary shall be responsible for preparing and keeping the minutes

of each meeting of the Board. Minutes shall be corrected and approved by the
Board	at	a	subsequent	meeting.	The	Secretary	may  work	with	other	staff

members in preparing draft minutes for the Board's consideration.

(5)	Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office.

11

	Such persons shall furnish a mailing address in writing and shall be required to		
	and								postage.													
	pre-pay the cost of the copying																	
(6)	Emergency Meetings. The Chairperson, or Vice-Chairperson	if the Chairperson is		
		Board	without  first		
	unavailable,  may	convene		an	emergency  meeting	of the					
													
								and  (3)  of	this	Rule,		to  act	on emergency		
	having  complied with  sections	(1)								
	matters that may affect the public health, safety, or welfare.  Whenever possible,		
	the District Manager shall make reasonable efforts to provide public notice and		
	notify all Board members	of	an emergency meeting	twenty-four  (24) hours  in		
										Notice	of	the		
																				
	advance.   Reasonable efforts may include telephone notification.						
				on	the		
	emergency meeting must be provided both before and after the meeting				
			the		
	District's website,	if it has one.	Whenever an emergency meeting	is called,			
					of		
	District  Manager  shall  be  responsible  for  notifying  at  least  one  newspaper			
				
	general circulation in the District. After an emergency meeting, the Board shall		
	publish in a newspaper	of	general		circulation in the District, the time, date and		
				the  reasons  why  an emergency meeting was		
	place  of the  emergency meeting,			
				Actions		taken at an emergency		
	necessary and a description	of the action taken.					

	meeting may be ratified by the Board at a regularly noticed meeting subsequently		
	held.																						
(7)	Public Comment. The Board shall set aside a reasonable	amount	of time at each		
				shall be pe1mitted to		
	meeting  for public  comment	and members  of	the  public			
								of	the		
																		
	provide  comment  on  any  proposition  before  the  Board.   The  portion				
	meeting generally reserved for public comment shall be identified in the agenda.		
	Policies governing public comment may be adopted by the Board in accordance		
	with Florida law.																						
(8)	Budget Hearing. Notice	of	hearing on the annual budget(s)	shall be in accord with		
												
							Statutes.   Once adopted in accord with Section		
	Section 190.008  of the Florida			
		the annual budget(s) may be amended from time		
	190.008 of the Florida Statutes,			
		Approval of invoices by the Board in excess of		
	to time by action	of the Board.			
	the funds  allocated to	a particular budgeted line item shall serve to amend the		
	budgeted line item.																					
(9)	Public Hearings.  Notice	of	required public hearings	shall contain the information		
															
	required  by  applicable  Florida  law  and  by these  Rules  applicable  to  meeting		
	notices and shall be mailed and published as required by Florida law.  The District		
	Manager shall ensure that all such notices, whether mailed or published, contain		
	the  information  required  by  Florida  law  and  these  Rules  and  are  mailed  and		
	published as required by Florida law.  Public hearings may be held during Board		
	meetings when the agenda includes such public hearing.										

(10)	Paiiicipation by TeleconferenceNideoconference. District staff may participate in Board meetings by teleconference or videoconference. Board members may
also paiiicipate in Board meetings	by teleconference or videoconference if in the		
good judgment	of the Board	extraordinary circumstances exist; provided however,		

12

(11)

(12)

at least three Board members mustphysicallybe				present at the meeting location to		
establish a quorum.  Such extraordinary circumstances shall be presumed when a		
Board  member  participates  by  teleconference  or  videoconference,  unless  a		
majority of the Board members physically	present determines that extraordinary		
								
circumstances do not exist.								
Board Authorization.  The District has not adopted Robert's	Rules of Order.  For		
				
each agenda item, there shall be discussion permitted among the Board members		
during the meeting.  Approval or disapproval	of resolutions and other proposed		
				a second by		
Board actions shall be in the f01m of a motion by one Board member,			
			
another Board member,  and an  affirmative	vote by  the  majority of the  Board		
							
members present.  Any Board member, including the Chairperson, can make or		
second a motion.								
Continuances.  Any meeting  or public hearing	of the Board may  be  continued		
without re-notice or re-advertising provided that:					

(a)	The Board identifies on the record at the original meeting a reasonable need for a continuance;

(b)	The  continuance  is  to  a  specified	date,  time,  and  location  publicly		
				
	announced at the original meeting; and			
(c)	The public notice for the original meeting states that the meeting may be		
	continued to a date and time and states that the date, time, and location of		
	any continuance shall be publicly announced at the original meeting and		
	posted at the District Office immediately following the original meeting.		

(13)Attorney-Client  Sessions.	An  Attorney-Client  Session	is  permitted	when  the		
					
		to meet in private with the Board to discuss		
District's attorneys deem it necessary			
		a party before a court or administrative		
pending litigation to which the District is			
agency or as may be authorized by law.   The District's attorneys must request		
such session at a public meeting.  Prior to holding the Attorney-Client Session,		
the District must give reasonable public notice of the time and date	of the session		
and the names of the persons anticipated	to attend the session.  The session must		
							
commence  at an  open meeting  in which the  Chairperson  or  Vice-Chairperson		
announces the commencement of the session, the estimated length	of the session,		
and the names of the persons who will be attending	the session.  The discussion		
						
during the  session is  confined to  settlement negotiations  or strategy  related to		
litigation expenses or as may be authorized by law.  Only the Board, the District's		
attorneys (including outside counsel), the District Manager, and the court reporter		
may  attend  an Attorney-Client Session.   During the  session,  no  votes may be		
taken  and  no  final  decisions  concerning  settlement  can  be  made.   Upon  the		
conclusion of the session, the public meeting is reopened and the Chairperson or		
Vice-Chairperson must  announce that the  session has  concluded.   The  session		
must be transcribed by a court-reporter and the transcript	of the session filed with		

13

the District Secretary within a reasonable time after the

shall  not  be  available  for  public  inspection  until  after

litigation.

session.	The transcript
the  conclusion  of the

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§190.006, 190.007, 190.008, 286.0105, 286.011, 286.0114, Fla. Stat.

14

Rule 2.0

(1)

(2)

(3)

Rulemaking Proceedings.								
Commencement of Proceedings.  Proceedings held for adoption, amendment, or		
repeal of a District rule shall be conducted according to these Rules.  Rulemaking		
proceedings shall be deemed to have been initiated upon publication of notice by		
the	District.	A  "rule"  is  a	District  statement  of  general  applicability	that		
						
implements, interprets, or prescribes law or policy, or describes the procedure or		
practice requirements of the District ("Rule").  Nothing herein shall be construed		
as requiring the District to consider or adopt rules unless required by Chapter 190		
of the Florida Statutes.  Policies adopted by the District which do not consist of		
rates, fees, rentals or other monetary charges may be, but are not required to be,		
implemented through rulemaking proceedings.						
Notice of Rule Development.								
(a)	Except	when the intended action is the repeal of a Rule, the District shall		
	provide notice of the development of a proposed rule by publication	of a		
	Notice of Rule Development in a newspaper of general circulation in the		
	District before providing notice of a proposed rule as required by	section		
	(3) of this Rule.  Consequently, the Notice of Rule Development	shall be		
					
	published at least twenty-nine (29) days prior to the public hearing on the		
	proposed Rule.  The Notice	of Rule Development shall indicate the subject		
	area  to	be  addressed	by	rule  development,  provide	a	shmi,  plain		
	explanation of the purpose and effect of the proposed rule, cite the specific		
	legal  authority  for  the proposed rule,  and  include  a statement of how  a		
	person may promptly obtain, without cost, a copy of any preliminary draft,		
	if available.								

(b)	All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedings and Proposed Rules.	
(a)	Prior to  the  adoption,  amendment,  or  repeal  of any  rule  other than  an	
	emergency rule, the District shall give notice of its intended action, setting	
	fo1ih a short, plain explanation of the purpose and effect of the proposed	
	action, a reference to the specific rulemaking authority pursuant to which	
	the rule  is  adopted,  and  a reference to the  section or subsection of the	
	Florida Statutes  being  implemented,  interpreted,  or made  specific.   The	
	notice shall include a summary of the District's statement of the estimated	
	regulatory costs, if one has been prepared, based on the factors set forth in	
	Section 120.541(2) of the Florida Statutes, and a statement that any person	
	who wishes to provide the District with a lower cost regulatory alternative	
	as provided by Section 120.541(1), must do so in writing within twenty-	
	one (21) days after publication of the notice.  The notice shall additionally	
	include a statement that any affected person may request a public hearing	

15

(b)

by submitting a written request within twenty-one (21) days after the date		
of publication of the notice.  Except when intended action is the repeal of		
a rule, the notice shall include a reference to both the date on which and		
the place where the Notice of Rule Development required by section (2) of		
this Rule appeared.				
The notice shall be published in a newspaper	of	general circulation in the		
		is  located not  less  than		
District and each county  in which the  District			
twenty-eight (28)  days  prior to  the  intended action.  The  proposed rule		
shall be available for inspection and copying	by the public at the time of		
				
the publication of notice.				

(

c)

The notice shall be	mailed to all persons named in the proposed	rule and to		
				
all persons who, at least fourteen (14)  days prior to  such mailing, have		
made  requests  of	the  District  for  advance  notice  of  its  rulemaking		
proceedings.   Any  person may file	a  written request  with the  District		
Manager  to  receive  notice  by  mail	of District	proceedings  to  adopt,		
					
amend, or repeal a rule.  Such persons must furnish a mailing address and		
may be required to pay the cost of copying and mailing.	Notice will then		
			
be mailed to all persons whom, at least fourteen (14) days prior to such		
mailing,  have  made  requests  of the  District  for  advance  notice  of its		
proceedings.					

(4)	Rule Development Workshops.  Whenever requested in writing by any affected
person, the District must either conduct a rule  development workshop prior to		
proposing rules for adoption or the Chairperson must explain in writing why a		
workshop is unnecessary.  The District may initiate a rule development	workshop		
			
but is not required to do so.			

(5)	Petitions to Initiate Rulemaking.  All Petitions to Initiate Rulemaking proceedings
must  contain the  name,  address,	and		telephone  number	of the  petitioner,	the		

specific action requested, the specific reason for adoption, amendment, or repeal,		
the date submitted, the text of the proposed	rule, and the facts showing that the		
				interest in the rulemaking.		
petitioner is regulated by the District, or has substantial			
		of filing a petition, the		
Not later than sixty (60) calendar days following	the date			
								
Board shall initiate rulemaking proceedings or deny the petition with a written		
statement	of its reasons for the denial.		If the petition	is	directed to an existing		
policy that the District has not formally	adopted	as	a rule, the District may, in its		
				the	petition  to  consider  the		
discretion,	notice  and  hold  a  public	hearing  on				
comments	of the public directed to the policy, its scope and application,	and to		
consider whether the public interest is served adequately by the application of the		
policy on a case-by-case basis, as	contrasted with its f01mal adoption as	a rule.		
However, this section shall not be construed	as	requiring the District to adopt a		
									
rule to replace a policy.												

16

( 6)

(7)

Rulemaking Materials.  After the publication	of the notice referenced in section	
(3)	of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

( a)	The text of the proposed rule, or any amendment or repeal of any existing	
	rules;	

(b)	A detailed written statement of the facts and circumstances justifying the proposed rule;

(c)	A  copy  of the  statement  of estimated  regulatory  costs  if required  by		
	Section 120.541 of the Florida Statutes; and			
(d)	The published notice.			
Hearing.  The District may, or, upon the written request of any affected person		
received within twenty-one (21) days after the date of publication of the notice		
described  in  section  (3)  of this  Rule,  shall,  provide  a  public  hearing  for  the		
presentation of evidence,  argument,  and  oral  statements,  within the  reasonable		
conditions and limitations imposed by the District to avoid duplication, iffelevant		
comments, unnecessary delay, or disruption of the proceedings.	The District shall		
			
publish notice of the public hearing in a newspaper of general circulation within		
the District either in the text of the notice described in section (3)	of this Rule or in		
a separate publication at least seven (7) days before the scheduled public hearing.		
The notice shall specify the date, time, and location of the public hearing, and the		
name,  address,  and  telephone  number  of the  District  contact  person  who  can		
provide information about the public hearing. Written statements may be submitted		
by  any person prior to  or at the public hearing.   All timely  submitted written		
statements shall be considered by the District and made part of the rulemaking		
record.				

(8)	Emergency Rule Adoption.  The Board may adopt an emergency rule if it finds	
	that  immediate  danger  to  the  public  health,  safety,  or  welfare  exists  which	
	requires immediate action. Prior to the adoption of an emergency rule, the District	
	Manager  shall  make  reasonable  efforts  to	notify	a  newspaper  of  general	
	circulation in the District. Notice of emergency rules shall be published as soon as	
	possible in a newspaper of general circulation in the District.  The District may	
	use any procedure which is fair under the circumstances in the adoption of an	
	emergency rule  as  long  as  it protects the public  interest as  dete1mined  by the	
	District and otherwise complies with these provisions.		

(9)	Negotiated  Rulemaking.The  District  may  use  negotiated  rulemaking  in
developing and adopting rules pursuant to  Section  120.54(2)(d)	of the  Florida		
		of	the		
Statutes,  except  that  any  notices  required  under  Section  120.54(2)(d)				
				
Florida Statutes, may be published in a newspaper of general circulation in the		
county in which the District is located.					

17

(10)	Rulemaking Record.   In all rulemaking proceedings, the  District shall
and maintain a rulemaking record.  The record shall include,	if applicable:		
			
(a) textsThe	of the proposed	rule and the adopted rule;			

(b)	All notices given for a proposed rule;

( c)	Any statement of estimated	regulatory costs for the rule;		
						
(d)	A written summary	of hearings, if any, on the proposed	rule;		

(e)	All  written  comments	received	by  the  District  and  responses		
							
	written comments; and						

(f)	All notices and findings pertaining to an emergency rule.

compile

to	those

(11)	Petitions to Challenge Existing Rules.	

(a)	Any person substantially affected by a rule
determination of the invalidity of the rule on		
invalid exercise of the District's	authority.		

may seek an administrative

the ground that the rule is an

(b)	The  petition  seeking  an  administrative  determination  must  state  with

particularity	the   provisions   alleged	to	be   invalid   with   sufficient		
explanation	of the  facts  or grounds	for  the  alleged  invalidity  and facts		
						
sufficient  to  show  that  the  person  challenging  a  rule  is  substantially		
affected by it.					

( c)

( d)

(e)

The petition  shall	be filed	with the	District.  Within ten ( 10)  days	after		
receiving the petition, the Chairperson	shall, if the petition complies	with		
					
						any member		
the requirements of subsection (b) of	this section, designate			
								
of the	Board  (including		the	Chairperson),  District	Manager,  District		
																		
Counsel, or other person as a hearing officer who shall conduct a hearing		
within	30	days	thereafter,	unless			the	petition	is		withdrawn		or	a		
continuance  is  granted by agreement		of	the parties.	The failure	of the		
District to follow the applicable rulemaking procedures or requirements in		
this  Rule	shall  be  presumed to  be	material;  however,	the  District	may		
						of the		
rebut this	presumption  by	showing  that the  substantial  interests			
							
petitioner and the fairness	of the proceedings have not been impaired.				
																	
Within  30  days  after  the  hearing,  the  hearing  officer  shall  render	a		
decision and state the reasons therefor in writing.										
Hearings held under this section shall be de novo in nature. The petitioner		
has  a	burden  of	proving		by	a  preponderance  of	the		evidence	that  the		

18

existing rule is an invalid exercise

raised. The hearing officer may:

of

District authority as to the objections

(i)	Administer oaths and affirmations;

(ii)upon Rule

offers

of

proof

and receive relevant evidence;

(iii)	Regulate the course matters;

of

the	hearing,	including	any	pre-hearing

(iv)	Enter orders; and

(v)

Make or receive offers

of

settlement, stipulation, and adjustment.

(f)	The petitioner and the District shall be adverse parties. Other substantially

affected persons may join the proceedings as  intervenors on appropriate

terms which shall not unduly delay the proceedings.

(12)	Variances and Waivers.	A "variance" means a decision by the District to grant a

modification to all or part of the literal requirements of a rule to a person who is
subject to the rule.	A "waiver" means a decision by the District not to apply all or
pmi of a rule to a person who is subject to the rule.	Variances and waivers from

District rules may be granted subject to the following:

(a)	Variances and waivers shall be granted when the person subject to the rule

demonstrates that the purpose of the underlying statute will be or has been
achieved by other means by the person, and when application of the rule
would create a substantial hardship or would violate principles of fairness.
For purposes of this section, "substantial hardship" means a demonstrated
economic,  technological,	legal,  or other type  of hardship  to  the  person

requesting the variance or waiver. For purposes of this section, "principles
of fairness"  are violated when the  literal  application of a rule  affects  a

particular person in a manner significantly different from the way it affects

other similarly situated persons who are subject to the rule.

(b)	A person who is subject to regulation by a

with the District, requesting a variance or

Each petition shall specify:

District Rule may file a petition

waiver from the District's Rule.

(i)

(ii)

(iii)

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the

petitioner; and

19

(iv)	The reason why the variance or the waiver requested would serve

	the purposes of the underlying statute.			
(c)	The  District  shall  review  the  petition	and  may  request  only  that		
					
	information  needed to  clarify  the  petition  or  to  answer  new  questions		
	raised by or directly related to the petition.	If the petitioner asserts that any		
					
	request for additional information is	not authorized by law or by Rule of		
	the District, the District shall proceed, at the petitioner's written request, to		
	process the petition.						
(d)	The Board shall grant or deny a petition for variance	or waiver, and shall		
		of the Board, within		
	announce such disposition at a publicly	held meeting			
						
	sixty (60) days after receipt of the original petition, the last item of timely		
	requested additional material, or the petitioner's written request to finish		
	processing the petition. The District's statement granting or denying the		
	petition  shall  contain  a  statement	of	the  relevant  facts  and  reasons		
							
	supporting the District's action.						

(13)	Rates, Fees, Rentals and Other Charges.  All rates, fees, rentals, or other

shall  be  subject to  rulemaking  proceedings.	Policies  adopted  by  the
which do not consist of rates, fees, rentals or other charges may be, but
required to be, implemented through rulemaking proceedings.

charges

District
are not

Specific Authority:	§§190.011(5),	190.011(15), 190.035, Fla. Stat.	
Law Implemented:	§§190.011(5), 190.035(2), Fla. Stat.	

20

Rule 3.0	Competitive Purchase.

(1)	Purpose and Scope. 287.055 and 287.017 to the purchase of design-build services, maintenance services.

In order to comply with Sections	190.033(1) through (3),	
of the Florida Statutes, the following provisions shall apply	
Professional  Services,  insurance,	construction  contracts,	
goods,  supplies,  and materials,  Contractual Services, and	

(2)	Board Authorization.  Except in cases	of an Emergency Purchase,	a competitive	
	purchase governed by these Rules shall only be unde1taken after authorization by	
	the Board.			

(3)	Definitions.

(a)	"Competitive Solicitation" means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities

and/or services which affords vendors fair treatment in the competition for
award of a District purchase contract.

(b)	"Continuing Contract" means a contract for Professional Services entered

into in accordance with Section 287.055 of the Florida Statutes, between	
the District and a firm, whereby the firm provides Professional Services to	
the  District  for  projects  in  which the  costs  do  not  exceed  one  million	
dollars  ($1,000,000),  for	a	study  activity  when  the  fee  for  such	
Professional Services to the District does not exceed fifty thousand dollars	
($50,000), or for work of a specified nature as outlined in the contract with	
the District, with no time limitation except that the contract must provide a	
termination clause (for example, a contract for general District engineering	
services).	Firms  providing  Professional  Services  under  Continuing	
Contracts shall not be required to bid against one another.	

( c)

(d)

"Contractual Service" means the rendering by a contractor of its time and	
effort rather than the furnishing of specific commodities.  The term applies	
only  to  those  services  rendered  by  individuals  and  films  who  are	
independent  contractors.   Contractual  Services  do  not  include  auditing	
services,  Maintenance  Services,  or  Professional  Services  as  defined  in	
Section   287.055(2)(a)	of	the   Florida   Statutes,   and   these   Rules.	
Contractual Services also do not include any contract for the furnishing of	
labor or materials for the construction, renovation, repair, modification, or	
demolition  of any  facility,  building,  portion  of building,  utility,  park,	
parking lot, or structure or other improvement to real prope1ty entered into	
pursuant to Chapter 255	of the Florida Statutes, and Rules 3.5 or 3.6.	
"Design-Build  Contract"  means  a  single  contract  with  a  Design-Build	
Fi1m for the design and construction of a public construction project.	

21

(e)

(f)

(g)

(h)

"Design-Build Firm" means a partnership, corporation or other legal entity		
that:																					
(i)	Is  certified  under	Section  489 .119		of the	Florida	Statutes,		to		
										
	engage  in  contracting	through	a	certified	or  registered  general		
	contractor or a certified  or registered	building  contractor	as	the		
													
	qualifying agent; or																	
(ii)	Is  certified  under  Section  471.023		of the  Florida  Statutes,  to		
															
	practice or to offer to practice engineering; certified under Section		
	481.219 of the Florida Statutes, to practice or to offer to practice		
	architecture;  or  certified  under  Section  481.319	of the	Florida		
									
	Statutes, to practice or to offer to practice landscape architecture.			
"Design Criteria Package" means concise, performance-oriented drawings		
or specifications  for a public construction	project.	The purpose	of	the		
														
Design  Criteria Package  is  to  furnish  sufficient  information to  permit		
Design-Build Firms to prepare a bid or a response to the District's Request		
for Proposals, or to permit the District to enter into a negotiated Design-		
Build Contract.  The Design Criteria Package must specify performance-		
based  criteria  for  the  public	construction		project,  including  the  legal		
description of the  site,  survey  information		concerning the	site,	interior		
				schematic	layouts	and		
space	requirements,  material	quality  standards,					
conceptual design criteria	of the project, cost or budget estimates,	design		
						
and construction schedules, site development requirements, provisions for		
utilities,  stormwater  retention  and  disposal,  and  parking  requirements		
applicable to the project. Design Criteria Packages shall require firms to		
submit	information  regarding	the  qualifications,	availability,	and  past		
work	of	the firms, including the partners and members	thereof.						
											
"Design	Criteria  Professional"  means	a		firm	who  holds	a	current		
certificate  of	registration under  Chapter	481	of the		Florida Statutes,	to		
practice  architecture  or  landscape  architecture,  or	a	firm	who  holds	a		
cun-ent	certificate  as  a  registered  engineer		under  Chapter  4	71	of	the		
Florida Statutes, to practice engineering,	and who is employed by or under		
	professional  architect  services,		
contract	to	the  District	to	provide			
landscape architect services, or engineering services in connection with		
the preparation of the Design Criteria Package.												
"Emergency  Purchase"  means  a  purchase  necessitated  by	a	sudden		
unexpected tum of events (for example, acts	of God, riot, fires,  floods,		
hmTicanes, accidents, or any circumstances or cause beyond the control	of		
the Board in the normal conduct of its business),	where the Board finds		
											
that the delay incident to competitive purchase would be detrimental to the		
interests  of the District.	This includes,	but	is not	limited	to,	instances		

22

(i)

G)

(k)

(1)

(m)

(n)

where  the  time  to  competitively  award  the	project  will  jeopardize  the		
funding for the project, will materially	increase the cost	of the project, or		
													
will create an undue hardship on the public health, safety, or welfare.			
"Invitation to Bid" is a written solicitation for sealed bids with the title,		
date,  and  hour  of the  public  bid  opening	designated		specifically	and		
				It	includes	printed		
defining  the  commodity  or  service	involved.						
				qualification,  evaluation		
instructions prescribing  conditions  for	bidding,			
criteria,   and   provides   for	a	manual	signature	of	an	authorized		
				alternates.							
representative.  It may include onebidor more									
												
"Invitation  to  Negotiate"  means	a	written  solicitation  for  competitive		
sealed replies  to  select  one	or more  vendors  with which to  commence		
negotiations for the procurement of commodities	or services.					
										
"Negotiate" means to  conduct legitimate,	arm's	length discussions	and		
												
conferences to reach an agreement on a term or price.								
"Professional  Services"  means  those	services	within  the  scope	of the		
			landscape architecture,		
practice of architecture, professional	engineering,			
	as defined by the laws of Florida, or		
or registered surveying and mapping,			
						professional	engineer,		
those   services   performed	by	any	architect,					
											with		
landscape architect, or registered surveyor and mapper,connectionin				
the firm's or individual's professional employment or practice.					
"Proposal  (or  Reply  or  Response)  Most  Advantageous  to  the  District"		
means,  as  determined in the  sole  discretion	of	the Board, the proposal,		
reply, or response that is:																

(i)	Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;

(ii)	The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and

(iii)	For a cost to the District deemed by the Board to be reasonable.		
"Purchase"  means  acquisition  by  sale,  rent,  lease,  lease/purchase,  or		
installment sale. It does not include transfer, sale, or exchange of goods,		
supplies, or materials between the District and any federal, state, regional		
or  local  governmental  entity  or  political	subdivision  of the  State  of		
			
Florida.			

23

( o)	"Request  for  Proposals"  or	"RFP"  is	a	written  solicitation	for	sealed		
					designated		
	proposals with the title, date, and hour	of	the public opening			
					It may		
	and requiring the manual signature	of an authorized representative.			
			laws and rules, statement of work,		
	provide general information, applicable			
								
	functional or general specifications, qualifications, proposal instructions,		
	work detail analysis, and evaluation criteria as necessary.					
(p)	"Responsive and Responsible	Bidder" means an entity or individual	that		

	has submitted a bid that conforms in all material respects to the Invitation		
	to Bid and has the capability in all respects to fully perform the contract		
	requirements and the integrity and reliability that will assure  good faith		
	performance.  "Responsive and Responsible Vendor" means an entity or		
	individual that has submitted a proposal, reply, or response that conforms		
	in  all  material  respects  to  the  Request  for  Proposals,  Invitation  to		
	Negotiate, or Competitive Solicitation and has the capability in all respects		
	to fully perform the contract requirements and the integrity and reliability		
	that will assure good faith performance.  In determining whether an entity		
	or individual  is  a Responsive  and Responsible  Bidder (or Vendor),  the		
	District may consider, in addition to factors described in the Invitation to		
	Bid,  Request  for  Proposals,  Invitation  to  Negotiate,  or  Competitive		
	Solicitation, the following:									

(i)

The ability and adequacy

of

the professional personnel employed

by the entity/individual;

(ii)

(iii)

(iv)

(v)

The past perfo1mance of the entity/individual	for the District and in		
						
other professional employment;							
The willingness of the entity/individual	to meet time and budget		
							
requirements;							
The  geographic location of the  entity's/individual's	headquaiiers		
					
or office in relation to the project;							
The    recent,    current,    and   projected	workloads	of	the		
						
entity/individual;							

(vi)

(vii)

The volume of work previously awarded	to the entity/individual;		
			
Whether  the  cost  components	of	the   bid  or  proposal  are		
					
appropriately balanced; and					

(viii)	Whether the entity/individual enterprise.

1s

a	ce1iified	minority	business

24

(q)	"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the
Invitation  to  Bid,  Request  for  Proposals,  Invitations  to  Negotiate,  or		
Competitive  Solicitation  document  and  these  Rules,  and  the  cost		
components of which, if any, are appropriately balanced.  A bid, proposal,		
reply or response is not responsive if the person or firm submitting it fails		
to meet any material requirement relating to the qualifications,	financial		
			
stability, or licensing of the bidder.			
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.			
Law Implemented:  §§190.033, 255.20, 287.055, Fla. Stat.			

25

Rule 3.1

(1)

(2)

(3)

Procedure Under The Consultants' Competitive Negotiations Act.					
Scope.	The  following  procedures	are  adopted  for  the  selection	of firms  or		
										
individuals  to  provide  Professional  Services  exceeding  the  thresholds  herein		
described,  for  the  negotiation of such	contracts,  and  to  provide  for	protest  of		
actions	of the Board under this Rule.		As used in this Rule, "Project"	means that		
							
fixed  capital  outlay study or planning  activity  when basic  construction cost is		
estimated  by the  District to  exceed  the  threshold  amount provided	in Section		
287.017 of the Florida Statutes, for CATEGORY	FIVE, or for a planning study		
			District to		
activity	when the  fee	for  Professional	Services  is  estimated by the			
exceed the threshold amount provided	in	Section 287.017 for CATEGORY	TWO,		

as such categories may	be amended	or adjusted from time to time.					
											
Qualifying Procedures.	In order to	be	eligible to provide Professional	Services to		
							
the District, a consultant must,  at the time of receipt of the firm's	qualification		
submittal:											
(a)	Hold all required applicable	federal licenses in good standing,	if any;		

(b)	Hold all required applicable state professional licenses in good standing;

( c)	andHold a cmrent	active Florida corporate charter or be authorized to do		
	business	in the	State of	Florida in	accordance	with Chapter 607  of		the		
	Florida Statutes,	if the consultant is a corporation;	and							
											
(d)	Meet any qualification requirements	set forth	in	the District's Request for		
																
	Qualifications.																		
Evidence	of	compliance with this Rule may	be submitted	with the qualifications,		
									be		
if	requested	by	the  District.	In	addition,	evidence		of compliance  must				
submitted any time requested by	the District.														
Public Announcement.	Except in cases of	valid public emergencies	as certified		
							
by	the  Board,	the  District  shall  announce	each	occasion	when	Professional		
Services are required for a Project or a Continuing	Contract by	publishing a notice		
		the nature	of the  Continuing		
providing	a	general  description	of the  Project,  or				
Contract,	and the  method  for  interested consultants	to		apply for  consideration.		
The notice shall appear in at least one (1) newspaper	of	general circulation in the		
							The notice		
District and in such other places as the District deems appropriate.				
must allow at least fourteen (14) days for submittal	of qualifications from the date		
	of	consultants	interested	in		
of	publication.	The  District  may	maintain  lists						
receiving	such  notices.	These	consultants	are  encouraged  to  submit  annually		
statements of qualifications and perfo1mance	data.  Consultants who provide their		
														
name and address to the District Manager for inclusion on the list shall receive		
notices by mail.	The Board has the right to reject any and all qualifications,	and		
			not		
such  reservation  shall	be  included	in  the  published  notice.   Consultants				

26

(

4)

receiving a contract award shall not be entitled to recover from the District any

costs of qualification package preparation or submittal.

Competitive Selection.

(a)	The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and
performance ability,  as well as  any statements of qualifications	on file.		
			
The  Board  shall  conduct  discussions  with,  and  may  require  public		
presentation by consultants regarding their qualifications,	approach to the		
				
Project, and ability to furnish the required services.  The Board shall then		
select and list the consultants,  in order of preference, deemed to be the		
most highly capable and qualified to perform the required  Professional		
Services, after considering these and other appropriate criteria:			
(i)	The ability and adequacy of the professional personnel employed		
	by each consultant;				

(ii)	Whether a consultant is a certified minority business enterprise;

(iii)	Each consultant's past performance;

(iv)	The  willingness  of  each  consultant  to  meet  time  and  budget		
	requirements;				
(v)	The geographic location of each consultant's headquarters,	office		
				
	and personnel in relation to the project;				
(vi)	The recent,  current,  and projected workloads	of each consultant;		
	and				
(vii)	The volume of work previously awarded to each consultant by the		
	District.				

(b)	Nothing  in  these  Rules  shall  prevent  the  District  from  evaluating  and

	eventually  selecting  a  consultant  if  less  than  three  (3)  qualification	
	packages,   including  packages   indicating	a	desire   not	to	provide	
	Professional Services on a given Project, are received.				
(c)	If the selection process is administered by any person or committee other	
	than the full Board, the selection made will be presented to the full Board	
	with a recommendation that competitive negotiations be instituted with the	
	selected firms in order of preference listed.						
(d)	Notice of the rankings adopted by the Board, including the rejection	of	
	some  or all  qualification packages,  shall  be	provided in  writing  to	all	

27

		consultants by United States Mail, hand delivery,	facsimile, or overnight		
					statement:		
		delivery  service.The  notice  shall  include	the  following			
		"Failure to  file  a protest within the time prescribed	in Rule	3.11  of the		
						
		Rules of the District shall constitute a waiver	of proceedings under those		
		Rules,"  or  wording  to  that  effect.	Protests	of	the  District's  ranking		
										
		decisions under this Rule shall be in accordance with the procedures set		
		forth in Rule 3.11.									
(5)	Competitive Negotiation.									
	(a)	After the Board has authorized	the beginning of	competitive negotiations,		
											
		the  District  may  begin  such  negotiations  with  the  firm  listed  as  most		
		qualified to perform the required Professional Services at a rate or amount		
		of compensation  which  the  Board  determines	is	fair,  competitive,  and		
								
		reasonable.									

(b)	In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract
	for more than the threshold amount provided	in Section 287.017	of the		
							
	Florida Statutes,  for  CATEGORY FOUR, the  firm  receiving the  award		
	shall be required to  execute a truth-in-negotiation certificate stating that		
	"wage rates and other factual unit costs supporting the compensation are		
	accurate,  complete and current at the time	of	contracting."	In addition,		
				certificate  is		
	any  professional  service  contract  under  which  such  a			
	required, shall contain a provision that "the original contract price and any		
	additions  thereto,  shall  be  adjusted	to  exclude  any  significant  sums  by		
									
	which  the  Board  determines  the  contract  price  was  increased  due  to		
	inaccurate,  incomplete,  or  noncurrent wage  rates  and  other factual  unit		
	costs."											
( c)	Should the District be unable to negotiate	a satisfactory agreement with		
	the firm  determined to  be the most qualified	at  a price deemed	by the		
							
	District to be fair, competitive, and reasonable, then negotiations with that		
	firm	shall	be	terminated  and  the	District	shall	immediately	begin		
	negotiations  with  the  second  most  qualified	firm.	If	a  satisfactory		
							
	agreement  with  the  second  firm  cannot  be  reached,  those  negotiations		
	shall  be terminated and negotiations  with the  third most qualified firm		
	shall be undertaken.									
(d)	Should the District be unable to negotiate	a satisfactory agreement with		
			additional  firms  shall  be		
	one	of the	top	three  (3)  ranked	consultants,			
							and qualifications.		
	selected by the District, in order	of	their competence			
								
	Negotiations  shall  continue,  beginning with the  first-named firm  on the		
	list, until an agreement is reached or the list	of firms is exhausted.			

28

(6)	Contracts; Public Records.  In accordance with Florida contractlaw,each	entered	
	into pursuant to this Rule shall include provisions required by law that require the	
	contractor to comply with public records laws.		

(7)	Continuing Contract. Nothing in this Rule shall prohibit a Continuing Contract between a consultant and the District.

(8)	Emergency Purchase.   The District may make an Emergency Purchase without

complying with these Rules.	The fact that an Emergency Purchase has occun-ed

or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

29

Rule 3.2	Procedure Regarding Auditor Selection.	

In order to comply with the requirements

following	procedures	are	outlined	for

Auditing Services and for the negotiation

of Section 218.391 selection of films of such contracts.

of

or

the Florida Statutes, the

individuals	to	provide

(1)	Definitions.

(a)	"Auditing Services" means those of a certified public accounting

Florida	Statutes,	and	qualified

government	auditing	standards

Accountancy.

services within the scope of the practice	
firm licensed under Chapter 4 73  of	the	
to	conduct  audits  in  accordance  with	
as	adopted  by  the  Florida  Board	of	

(b)	"Committee'' means the audit selection committee appointed by the Board

	as described in section (2) of this Rule.								
(2)	Establishment of Audit Committee.  Prior to a public announcement	under section		
					an		
	(4) of this Rule that Auditing Services are required, the Board shall establish			
	audit  selection  committee  ("Committee"),  the  primary purpose  of	which	is	to		
	assist  the  Board  in  selecting  an  auditor  to  conduct  the  annual  financial  audit		
	required by Section 218.39 of the Florida Statutes. The Committee should include		
	at least three individuals, some or all of	whom may also serve as members	of the		
	Board.  The establishment and selection	of	the Committee must be conducted at a		
	publicly noticed and held meeting of the Board.								
(3)	Establishment of Minimum Qualifications	and  Evaluation Criteria.	Prior to  a		
	public announcement under section (4)	of this Rule that Auditing		Services  are		
	required,  the  Committee  shall  meet  at	a publicly  noticed  meeting  to  establish		
	minimum qualifications and factors to use for the evaluation of	Auditing Services		
	to be provided by a certified public accounting firm licensed under Chapter 4 73	of		
	the  Florida  Statutes,  and  qualified  to	conduct  audits	in	accordance	with		
	government auditing standards as adopted by the Florida Board	of Accountancy.		

(a)	Minimum Qualifications.  In order to be eligible to  submit a proposal, a
firm  must,  at  all  relevant  times  including  the  time	of	receipt	of	the	
proposal by the District:					

(i)

Hold

any;

all required applicable federal  licenses in good standing,

if

(ii)	Hold all required applicable state professional licenses m good standing;

(iii)	Hold  a  current  and  active  Florida  corporate  charter  or  be

authorized to do business in the State of Florida in accordance with

30

(iv)

Chapter	607	of  the	Florida	Statutes,	if	the	proposer	1s	a

corporation; and

Meet	any	pre-qualification	requirements	established	by	the

Committee and set forth in the RFP or other specifications.

If requested in the RFP  or other specifications,  evidence of compliance
with the minimum qualifications as established by the Committee must be

submitted with the proposal.

(b)

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

(i)	Ability of personnel;

(ii)	Experience;

(iii)	Understanding of scope of work;

(iv)	Ability to furnish the required services; and

(v)	Such other factors as may be determined by the Committee to be

applicable to its paiiicular requirements.

The  Committee may also  choose to  consider compensation as	a factor.	If the		
Committee establishes compensation as one of the factors, compensation	shall not		
				
be the sole or predominant factor used to evaluate proposals.					

(4)	Public Announcement.  After identifying the factors to be used in evaluating the
proposals  for	Auditing	Services  as	set  forth	in  section  (3)	of this  Rule,  the

Committee shall publicly announce the opportunity to provide Auditing Services.

Such public announcement shall include a brief description of the audit and how
interested films can apply for consideration and obtain the RFP.	The notice shall

appear in at least one (1) newspaper of general circulation in the District and the
county in which the District is located.	The public announcement shall allow for
at least seven (7) days for the submission of proposals.

(5)	Request for Proposals. The Committee shall provide interested films with a Request for Proposals ("RFP"). The RFP shall provide info1mation on how proposals are to be evaluated and such other information the Committee determines is necessary for the film to prepare a proposal. The RFP shall state the time and place for submitting proposals.

(6)	Committee's  Evaluation  of Proposals  and  Recommendation.	The  Committee		
				
	shall meet at a publicly held meeting that is publicly noticed for a reasonable time		
	in advance of the meeting to evaluate all qualified proposals and may, as part of		

31

(7)

(8)

the  evaluation,  require  that  each  interested  firm  provide  a  public  presentation	
where the Committee may conduct discussions with the firm, and where the firm	
may  present  information,  regarding  the  firm's  qualifications.	At  the  public	
meeting,  the  Committee  shall rank  and  recommend  in  order of	preference  no	
fewer than three  firms  deemed to  be the most highly qualified to perform the	
required services after considering the factors established pursuant to subsection	
(3)(b) of this Rule.	If fewer than three firms respond to the RFP or if no firms	
respond to the RFP, the Committee shall recommend such firm as it deems to be	
the most highly qualified.   Notwithstanding the  foregoing,  the  Committee may	
recommend that any and all proposals be rejected.		
Board Selection of	Auditor.		

(a)	Where compensation was not selected as a factor used in evaluating the

proposals, the Board shall negotiate with the firm ranked first and inquire	
of that firm  as to the basis of compensation.	If	the Board is unable to	
negotiate  a  satisfactory agreement with the  first  ranked firm  at  a	price	
deemed  by  the  Board  to  be  fair,  competitive,  and  reasonable,	then	
negotiations  with  that  firm  shall  be  terminated  and  the  Board  shall	
immediately  begin  negotiations  with  the  second  ranked  firm.	If a	
satisfactory  agreement with the  second  ranked  firm  cannot  be  reached,	
those  negotiations  shall  be  terminated  and  negotiations  with  the  third	
ranked  firm  shall  be  undertaken.	The  Board  may  reopen  formal	
negotiations with any one of the three top-ranked firms,  but it may not	
negotiate with more than one film  at	a time.	If	the Board is unable to	
negotiate  a  satisfactory  agreement  with  any	of	the  selected	firms,  the	
Committee  shall  recommend  additional  firms  in  order  of	the  firms'	
respective  competence  and  qualifications.   Negotiations  shall  continue,	
beginning  with  the  first-named  firm	on  the  list,  until  an  agreement  is	
reached or the list of films is exhausted.					

(b)	Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified fom.

( c)	In  negotiations  with  firms  under  this  Rule,  the  Board  may  allow  the	
	District  Manager,  District  Counsel,	or	other  designee	to	conduct	
	negotiations on its behalf.					
(d)	Notwithstanding the foregoing, the Board may reject any or	all proposals.	
	The Board shall not consider any proposal, or enter into any contract for	
	Auditing  Services,  unless  the  proposed  agreed-upon  compensation  is	
	reasonable  to  satisfy the  requirements	of	Section 218 .3 9  of the	Florida	
	Statutes, and the needs of the District.					
Contract.  Any agreement reached under this Rule shall be evidenced by a written	
contract, which may take the fmm of an engagement letter signed and executed by	

32

both paiiies. The written contract shall include all provisions and conditions of the procurement of such services and shall include, at a minimum, the following:

(a)

(b)

A  provision  specifying  the	services  to  be  provided  and  fees	or  other

compensation for such services;

A provision requiring  that  invoices  for  fees  or  other  compensation be
submitted in sufficient detail to demonstrate compliance with the terms of

the contract;

(c)	A provision setting forth deadlines for the auditor to submit a preliminary	
	draft audit report to the  District for  review and to  submit a final  audit	
	report no later than July 1 of the fiscal year that follows the fiscal year for	
	which the audit is being conducted;		
(d)	A  provision  specifying  the  contract  period,  including  renewals  and	
	conditions under which the contract may be terminated or renewed.  No	
	contract shall continue, or allow the contract to be renewed, for a period of	
	more than three years from the date of its execution.	A renewal may be	
	done without the use of the auditor selection procedures provided in this	
	Rule, but must be in writing.		

(e)

Provisions required by law that require the auditor to comply with public

records laws.

(9)	Notice  of Award.   Once  a negotiated  agreement with a firm  or individual  is	
	reached, or the Board authorizes the execution of an agreement with a firm where	
	compensation was a factor in the evaluation of proposals, notice	of the intent to	
	award,  including the  rejection  of some  or  all  proposals,  shall	be  provided  in	
	writing  to  all  proposers  by  United  States  Mail,  hand  delivery,  facsimile,  or	
	overnight  delivery  service.  The  notice  shall  include  the  following  statement:	
	"Failure to file a protest within the time prescribed in Rule 3 .11	of the Rules of	
	the  District  shall  constitute  a  waiver  of proceedings  under  those  Rules,"  or	
	wording to that effect.  Protests regarding the award of contracts under this Rule	
	shall be as provided for in Rule 3 .11.  No proposer shall be entitled to recover any	
	costs of proposal preparation or submittal from the District.		
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.		
Law Implemented:  §§119.0701, 218.391, Fla. Stat.		

33

Rule 3.3

(1)

(2)

Purchase of Insurance.																										
Scope.  The purchases of	life, health, accident,		hospitalization, legal expense, or		
								for	the  officers	and		
annuity  insurance,	or	all	of any  kinds	of		such  insurance					
												and	legal		
employees  of the  District,  and  for  health,  accident,	hospitalization,					
												
expenses upon a group insurance plan by the District, shall be governed by this		
Rule. This Rule does not apply to the purchase	of any other type of insurance by		
															
the District, including but not limited to liability insurance, prope1iy insurance,		
and  directors  and  officers  insurance.   Nothing  in  this  Rule  shall  require  the		
District to purchase insurance.																								
Procedure.   For	a purchase  of	insurance	within the	scope		of	these	Rules,  the		
following procedure shall be followed:																						
(a)	The Board shall cause to be prepared		a Notice oflnvitation to Bid.			
																			
(b)	Notice  of	the	Invitation	to	Bid	shall		be  advertised		at  least  once  in  a		
																
	newspaper	of	general  circulation	within  the  District.   The  notice  shall		
											of bids.								
	allow at least fourteen (14) days for submittal									
														
(c)	The District may maintain a list	of	persons interested		in receiving notices		
											
	of Invitations to	Bid.  Persons who provide their name and address to the		
	District Manageron	for inclusion		the list shall receive notices by mail.		
(d)	Bids shall be opened at the time and place noted in the Invitation	to Bid.		
					
(e)	If only one  (1)  response  to  an  Invitation is	received,  the  District may		
	proceed  with	the	purchase.	If	no  response  to  an  Invitation to  Bid  is		
	received, the District may take whatever steps are reasonably necessary in		
	order to proceed with the purchase.																			
(f)	The Board has the right to reject any and all bids and such reservations		
	shall be included in all solicitations and advertisements.						
(g)	Simultaneously with the review	of	the		submitted	bids,	the District may		
							that	have		submitted		
	undertake		negotiations	with	those	companies							
	reasonable	and timely bids	and,	in the opinion	of	the District,	are	fully		
										
	qualified	and	capable  of meeting		all		services	and		requirements.   Bid		
										with the  specifications  and		
	responses	shall	be  evaluated	in	accordance			
												the total cost to the		
	criteria contained in the Invitation to	Bid; in addition,			
							their		
	District,  the	cost,	if any,	to	the	District  officers,	employees,  or			
														
	dependents,	the	geographic	location	of	the company's headqumiers and		
					and	the		ability		of	the  company  to		
	offices  in  relation  to  the  District,										
										A contract to purchase		
	guarantee premium stability may be considered.				
	insurance		shall	be  awarded	to		that	company	whose	response  to  the		

34

	Invitation to Bid best meets the overall needs of the District, its officers,	
	employees, and/or dependents.		
(h)	Notice of the intent to award, including rejection of some or all bids, shall	
	be  provided  in  writing  to  all  bidders  by  United  States  Mail,  by  hand	
	delivery,  or by overnight delivery  service.  The notice  shall  include the	
	following statement:  "Failure to file a protest within the time prescribed	
	in  Rule  3.11  of the  Rules  of the  District  shall  constitute  a waiver	of	
	proceedings under those Rules," or wording to that effect.  Protests of	the	
	District's procurement of insurance under this Rule shall be in accordance	
	with the procedures set forth in Rule 3 .11.		
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.		
Law Implemented:  §112.08, Fla. Stat.		

35

Rule 3.4

(1)

(2)

Pre-qualification

Scope.	In its discretion, the District may undertake a pre-qualification process in

accordance with this Rule for vendors to  provide construction services,  goods,

supplies, and materials, Contractual Services, and maintenance services.

Procedure.	When	the	District	seeks	to	pre-qualify	vendors,	the	following

procedures shall apply:

(a)	The Board shall cause to be prepared a Request for Qualifications.

(b)	For construction services exceeding the thresholds described in Section 25 5 .20 of the Florida Statutes, the Board must advertise the proposed pre-
	qualification  criteria  and  procedures  and  allow  at  least	seven  (7)  days		
	notice  of the  public  hearing  for  comments	on  such  pre-qualification		
										
	criteria and procedures.   At such public hearing,  potential vendors may		
	object to such pre-qualification criteria and procedures.  Following such		
	public hearing, the	Board shall	formally  adopt pre-qualification criteria		
	and procedures prior to the advertisement	of the Request for Qualifications		
											
	for construction services.																
( c)	The  Request	for  Qualifications	shall	be  advertised  at	least  once  in	a		
																		
	newspaper of	general circulation within the District and within the county		
	in which the District is located.	The notice shall allow at least seven (7)		
	days  for  submittal	of	qualifications	for  goods,  supplies  and  materials,		
															
	Contractual  Services,  maintenance  services,  and  construction  services		
	under two  hundred fifty  thousand		dollars  ($250,000).	The	notice shall		
	allow  at  least  twenty-one  (21)  days  for  submittal	of qualifications  for		
								
	construction services estimated to cost over two  hundred fifty thousand		
	dollars ($250,000) and thirty (30) days for construction services estimated		
	to cost over five hundred thousand dollars ($500,000).						
(d)	The District may maintain lists	of	persons interested	in receiving notices		
									
	of Requests for Qualifications.  The District shall make a good faith effo1i		
	to  provide  written notice,  by electronic  mail,  United  States  Mail,  hand		
	delivery, or facsimile, to persons who provide their name and address to		
	the  District  Manager  for  inclusion		on  the  list.	However,	failure  of	a		
														
	person  to  receive  the  notice  shall  not  invalidate  any  pre-qualification		
	determination	or  contract awarded		in	accordance		with these Rules  and		
	shall not be a basis for a protest	of		any pre-qualification	determination or		
									
	contract award.																		
(e)	If the  District  has	pre-qualified	vendors  for	a	particular	category	of		
									
							only those persons who have been		
	purchase, at the option	of the District,			
						proposals,	replies	or		
	pre-qualified	will	be	eligible	to				submit  bids,					

36

(f)

(g)

(h)

(i)

responses  in  response  to  the  applicable  Invitation  to  Bid,  Request  for

Proposals, Invitation to Negotiate, or Competitive Solicitation.

In order to be eligible to submit qualifications, a firm or individual must, at the time of receipt of the qualifications:

(i)	Hold the required applicable state professional licenses in good standing;

(ii)	Hold all required applicable federal licenses in good standing, if any;

(iii)	Hold  a  current  and  active  Florida  corporate  charter  or  be

authorized to do business in the State of Florida in accordance with	
Chapter 607	of the Florida Statutes, if the vendor is a corporation;	
and		

(iv)	Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence  of	compliance  with  these  Rules  must be  submitted  with  the		
qualifications	if	required by the District.	Failure to	submit evidence	of		
compliance  when  required  may  be   grounds  for  rejection	of	the		
qualifications.											
Qualifications shall be presented to the Board, or a committee appointed		
by  the  Board,  for  evaluation  in  accordance  with  the  Request  for		
Qualifications and this Rule.  Minor variations in the qualifications may be		
waived by the Board. A variation is minor if waiver	of	the variation does		
not create a competitive advantage or disadvantage of	a material nature.			
All  vendors	determined  by  the  District	to  meet  the	pre-qualification		
requirements shall be pre-qualified.  To assure full understanding	of	the		
		for		
responsiveness	to	the   requirements   contained	in	a	Request			
Qualifications,  discussions  may  be  conducted  with  qualified  vendors.		
Vendors shall be accorded fair treatment prior to the submittal date with		
respect to  any opp01iunity for discussion and revision	of qualifications.		
For  construction  services,  any  contractor  pre-qualified  and  considered		
eligible by the Department of Transportation to bid to perfonn the type of		
work the project entails shall be presumed to be qualified to perform the		
project.												
The Board shall have the right to reject all qualifications	if there are not		
enough to be competitive or if rejection	is determined	to	be in the best		
interest of the District.  No vendor shall be entitled to	recover any costs of		
qualification preparation or submittal from the District.							

37

G)

Notice  of  intent  to  pre-qualify,  including  rejection	of  some  or  all		
qualifications, shall be provided in writing to all vendors by United States		
Mail, hand delivery, facsimile, or overnight delivery service.  The notice		
shall include the following statement:  "Failure to file a protest within the		
time prescribed in Rule 3 .11 of the Rules of	the District shall constitute a		
waiver	of proceedings  under  those  Rules,	11	or  wording  to  that  effect.		
						
Protests	of the District's pre-qualification decisions under this Rule shall		
be  in accordance  with the procedures  set forth  in Rule  3 .11;  provided		
however, protests related to the pre-qualification criteria and procedures		
for  construction  services  shall  be  resolved  in  accordance  with  section		
(2)(b) of this Rule and Section 255.20(l)(b)Statutesofthe.Florida		

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§190.033, 255.0525, 255.20, Fla. Stat.

38

Rule 3.5

(1)

(2)

Construction Contracts, Not Design-Build.								
Scope.   All  contracts  for  the  construction  or  improvement	of any  building,		
		of	the		
structure,  or other public construction works authorized by Chapter 190				
Florida Statutes, the costs of	which are estimated by the District in accordance		
with generally acceptedaccountingcost	principles to be in excess of the threshold		
amount for applicability of Section 25 5 .20 of the Florida Statutes, as that amount		
may be indexed or amended from time to time, shall be let under the terms	of		
these Rules and the procedures of Section 255.20	of the Florida Statutes, as the		
same may be amended from time to time.  A project shallbe not	divided solely to		
avoid the threshold bidding requirements.								
Procedure.	When a purchase	of construction services is within the scope	of	this		
Rule, the following procedures shall apply:								
( a)	The	Bom·d shall cause to be prepared an Invitation to  Bid, Request for		
	Proposals, Invitation to Negotiate, or Competitive Solicitation.					
(b)	Notice  of the  Invitation  to  Bid,  Request  for  Proposals,  Invitation  to		
	Negotiate, or Competitive Solicitation shall be advertised at least once in a		
	newspaper of general circulation in the District and in the county in which		
	the District is located.	The notice shall also include the amount of	the bid		
	bond, if one is required.  The notice shall allow at least twenty-one (21)		
	days for submittal of sealed bids, proposals, replies, or responses, unless		
	the  Board,  for  good  cause,  determines	a  shorter  period  of  time	is		
	appropriate.    Any  project  projected  to  cost  more  than  five  hundred		
	thousand dollars ($500,000) must be noticed at least thirty (30) days prior		
	to the date for submittal of bids, proposals, replies, or responses.	If	the		
	Board has previously pre-qualified contractors pursuant to Rule 3 .4	and		
	determined that only the contractors that have been pre-qualified will be		
	permitted to submit bids, proposals, replies, and responses, the Notice	of		
	Invitation  to  Bid,  Request  for  Proposals,  Invitation  to  Negotiate,  or		
	Competitive Solicitation need not be published.	Instead,  the Notice	of		
	Invitation  to  Bid,  Request  for  Proposals,  Invitation  to  Negotiate,  or		
	Competitive Solicitation shall be sent to the pre-qualified contractors by		
	United States Mail, hand delivery, facsimile, or overnight delivery service.		
( c)	The District may maintain lists of persons interested in receiving notices		
	of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and		
	Competitive Solicitations.  The District shall make a good faith effort to		
	provide  written  notice,  by  electronic  mail,  United  States  Mail,  hand		
	delivery, or facsimile, to persons who provide their name and address to		
	the	District  Manager	for  inclusion  on the	list.	However,  failure  of	a		
	person to receive the notice shall not invalidate any contract awarded in		
	accordance with this Rule and shall not be a basis for	a protest	of	any		
	contract award.									

39

(d)

(e)

(f)

If the District has pre-qualified providers of construction services, then, at
the option of the District, only those persons who have been pre-qualified
will	be	eligible	to	submit	bids,	proposals,	replies,	or	responses	to

Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and

Competitive Solicitations.

In order to be eligible to submit a bid, proposal, reply, or response, a film
or individual must, at the time of receipt of the bids, proposals, replies, or

responses:

(i)	Hold the required applicable state professional licenses in good standing;

(ii)	Hold all required applicable federal licenses in good standing, if any;

(iii)	Hold  a  current  and  active  Florida  corporate  charter  or  be

authorized to do business in the State of Florida in accordance with	
Chapter 607	of the Florida Statutes,	if the bidder is a corporation;	
and			

(iv)	Meet any  special  pre-qualification requirements  set forth  in  the

Invitation to Bid, Request for Proposals, Invitation to Negotiate, or

Competitive Solicitation.

Any contractor that has been found guilty by a court of any violation of

federal labor or employment tax laws regarding subjects such as  safety,
tax	withholding,	worker's	compensation,	unemployment	tax,	social

security and Medicare tax, wage or hour, or prevailing rate laws within the

past 5 years may be considered ineligible by the District to submit a bid,

response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the bid,
proposal, reply, or response, if required by the District.	Failure to submit
evidence of compliance when required may be grounds for rejection of the

bid, proposal, reply, or response.

Bids,  proposals,	replies,	and  responses,	or  the  pmtions  of which  that
include	the	price,	shall	be	publicly	opened	at	a	meeting	noticed	in

accordance with Rule 1.3, and at which at least one district representative
is present.	The name of each bidder and the price submitted in the bid

shall be announced at such meeting,  and  shall  be made available  upon

request. Minutes  should be taken at the meeting and maintained by the

District.	Bids,  proposals,  replies,  and  responses  shall  be  evaluated  in

accordance with the respective Invitation to Bid, Request for Proposals,

40

Invitation  to  Negotiate,  or  Competitive  Solicitation  and  these  Rules.		
Minor  variations  in  the  bids,  proposals,  replies,  or  responses  may  be		
waived by the Board.  A variation is minor if waiver of the variation does		
not create a competitive advantage or disadvantage	of a material nature.		
			
Mistakes in arithmetic extension of pricing may be con-ected by the Board.		
Bids and proposals may not be modified or supplemented after opening;		
provided  however,  additional  information  may  be  requested  and/or		
provided  to	evidence  compliance,  make  non-material  modifications,		
clarifications, or supplementations, and as otherwise permitted by Florida		
law.				

(g)	The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or

Response submitted by a Responsive and Responsible Vendor which is		
most advantageous to the District.   To  assure full understanding	of the		
			
responsiveness to the solicitation requirements contained in a Request for		
Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions		
may be conducted with qualified vendors.  Vendors shall be accorded fair		
treatment prior to the submittal date with respect to any opportunity for		
discussion,  preparation,  and  revision  of  bids,  proposals,  replies,  and		
responses.			

(h)	The  Board shall  have  the  right to  reject all  bids,  proposals,  replies,  or

responses  because  they  exceed  the  amount  of funds  budgeted  for  the	
purchase,  if	there  are  not  enough  to  be  competitive,  or  if rejection  is	
determined to be in the best interest of the District.  No contractor shall be	
entitled  to	recover  any  costs	of  bid,  proposal,  response,  or  reply	
preparation or submittal from the District.	

(i)	The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

(j)	Notice  of  intent  to  award,  including  rejection  of  some  or  all  bids,	
	proposals,  replies,  or  responses,  shall  be  provided  in  writing  to  all	
	contractors by United States Mail, hand delivery, facsimile, or overnight	
	delivery  service.    The  notice  shall  include  the  following  statement:	
	"Failure to file  a protest within the time prescribed in Rule 3.11  of the	
	Rules of the District shall constitute a waiver of proceedings under those	
	Rules,"  or wording to that effect.   Protests of the District's purchase of	
	construction  services  under  this  Rule  shall  be  in  accordance  with  the	
	procedures set forth in Rule 3 .11.	

41

(k)	If less than three (3) Responsive Bids, Proposals, Replies, or Responses
are received, the District may purchase construction services or may reject		
the bids, proposals, replies, or responses	for a lack of competitiveness. If		
				
no Responsive Bid, Proposal, Reply, or Response is received, the District		
may take whatever steps reasonably necessary in order to proceed with the		
procurement of construction services,	which  steps may include	a direct		
			selection		
purchase of the construction services without further competitive			
			
processes.					

(3)	Sole Source; Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by
	governmental agencies are exempt from this Rule.  This Rule shall not apply to		
	the  purchase  of construction  services,	which  may  include  goods,  supplies,  or		
						
	materials, that are purchased under a federal, state, or local government contract		
	that has been competitively procured by such federal, state, or local government		
	inwithamanner consistent	the material procurement	requirements of these Rules.		
						
	A contract for construction services is exempt from this Rule if state or federal		
	law prescribes with whom the District must contract or if the rate of payment	is		
				
	established during the appropriation process.				
( 4)	Contracts; Public Records.	In accordance with Florida law, each contract entered		
	into pursuant to this Rule shall include provisions required by law that require the		
	contractor to comply with public records laws.				

( 5)	Emergency Purchases. The District may	
	complying with these rules.  The fact that	
	is necessary shall be noted in the minutes	

make an Emergency Purchase without

an Emergency Purchase has occurred or
of the next Board Meeting.

(6)	Exceptions.  This Rule

(a)	The project is

facility;

is inapplicable when:

undertaken as repair or maintenance

of

an existing public

(b)	The funding source of the project will be diminished	or lost because the		
				
	time required to competitively award the project after the funds become		
	available exceeds the time within which the funding source must be spent;		

(c)	The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

(d)	The District, after public notice, conducts	a public meeting under Section		
				
	286.011 of the Florida Statutes, and finds by a majority vote of the Board		
	that it is in the public's best interest to perform the project using its own		
	services, employees, and equipment.			
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.			
Law Implemented:  §§119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.		

42

Rule 3.6

(1)

Construction Contracts, Design-Build.	
Scope.	The  District  may  utilize  Design-Build  Contracts  for  any  public	
construction project for which the Board determines that use of such contract is in	
the best interest of the District. When letting a Design-Build Contract, the District	
shall use the following procedure:	

(2)	Procedure.

(a)	The  District  shall  utilize  a  Design  Criteria  Professional  meeting  the

requirements	of  Section  287.055(2)(k)  of  the  Florida  Statutes,  when	
developing  a	Design  Criteria  Package,  evaluating  the  proposals  and	
qualifications   submitted   by   Design-Build   Firms,   and   dete1mining	
compliance of the project construction with the Design Criteria Package.	
The Design Criteria Professional may be an employee of the District, may	
be  the  District  Engineer  selected  by  the  District  pursuant  to  Section	
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1.	
The Design Criteria Professional is not eligible to render services under a	
Design-Build Contract executed pursuant to the Design Criteria Package.	

(b)	A Design Criteria Package for the construction project shall be prepared
and  sealed  by the  Design  Criteria Professional.	If the  project utilizes	
existing  plans,  the  Design  Criteria  Professional  shall	create  a  Design	
Criteria  Package  by  supplementing  the  plans  with	project  specific	
requirements, if any.			

(c)	The Board may either choose to award the Design-Build Contract pursuant

to	the  competitive  proposal  selection  process  set  forth  in  Section		
287 .055(9) of the Florida Statutes, or pursuant to the qualifications	based		
			
selection process pursuant to Rule 3 .1.			

(i)	Qualifications-Based Selection. If the process set fmih in Rule 3 .1 is utilized, subsequent to competitive negotiations, a guaranteed

maximum	price

and

guaranteed	completion	date	shall	be

established.

(ii)	Competitive Proposal-Based Selection. If the competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria Professional, shall establish the criteria, standards
and procedures for the evaluation of Design-Build Proposals based

on price, technical, and design aspects of the project, weighted for
the project.	After a Design Criteria Package and the standards and
procedures	for	evaluation	of  proposals	have	been	developed,

competitive	proposals	from	qualified	films	shall	be	solicited

pursuant to the design criteria by the following procedure:

43

1.

2.

3.

A Request for Proposals shall be advertised at least once in		
a newspaper	of	general circulation	in the county in which		
				shall  allow  at  least		
the  District	is	located.	The  notice			
twenty-one  (21)  days  for  submittal	of	sealed	proposals,		
	determines	a		shorter		
unless	the  Board,  for  good	cause,						
period	of time is	appropriate.  Any project projected	to cost		
						
more than five hundred thousand dollars ($500,000) must		
be  noticed  at  least thirty  (30)  days  prior to  the  date  for		
submittal of	proposals.													
The  District  may  maintain	lists  of	persons	interested	in		
			The District		
receiving notices	of	Requests for Proposals.			
									
shall make a good faith effort to provide written notice, by		
electronic  mail,  United  States  Mail,  hand  delivery,  or		
facsimile, to persons who provide their name and address to		
the District Manager for inclusion on the list.   However,		
failure	of a person to receive the notice shall not invalidate		
any  contract  awarded  in  accordance  with  this  Rule  and		
shall not be a basis for a protest of any contract award.			
In order to be eligible to submit a proposal, a firm must, at		
the time of receipt of	the proposals:											
a.	Hold	the	required	applicable	state	professional		
													
	licenses  in  good  standing,  as  defined  by  Section		
	287.055(2)(h)Statutes;oftheFlorida											
b.	Hold all required applicable federal licenses	in good		
	standing,	if any;													
c.	Hold a current and active Florida corporate		chaiier		
				of		
	or  be  authorized	to	do  business  in	the  State			
	Florida  in  accordance  with  Chapter	607		of	the		
								
Statutes,Florida			if the proposer is a corporation;			
d.	Meet any special pre-qualification	requirements set		
									
	forth  in  the  Request  for  Proposals  and  Design		
	Criteria Package.													
Any contractor that has been found guilty by a court of any		
violation of federal labor or employment	tax laws regarding		
									
subjects   such		as	safety,   tax   withholding,   worker's		
compensation,  unemployment  tax,  social  security  and		
Medicare tax, wage or hour, or prevailing rate laws within		
the past 5 years may be considered ineligible by the District		
to submit a bid, response, or proposal for a District project.		

44

4.

5.

6.

7.

Evidence		of	compliance	with	these	Rules	must		be		
submitted	with	the	proposal  if	required		by	the	District.		
								when required		
Failure to	submit evidence	of	compliance			
													
may be grounds for rejection	of	the proposal.									
The  proposals,  or the  portions	of	which that include the		
price,  shall  be  publicly  opened  at	a	meeting  noticed  in		
accordance with Rule 1.3, and at which at least one district		
representative is present.	The name	of each bidder and the		
price  submitted  in  the  bid  shall  be  announced  at  such		
meeting,		and	shall		be	made	available				upon	request.		
Minutes should be taken at the meeting	and maintained		by		
														
the  District.		In  consultation  with  the  Design  Criteria		
Professional,		the	Board	shall	evaluate				the	proposals		
received	based	on	evaluation	criteria		and		procedures		
																	
established prior to the solicitation	of	proposals, including		
																	
but not limited to qualifications, availability, and past work		
of the firms  and the partners and members	thereof.	The		
									
Board  shall  then  select  no  fewer  than  three  (3)  Design-		
Build Firms as the most qualified.																		
The  Board shall  have  the  right to  reject  all  proposals	if		
			
rejection  is  dete1mined  to  be  in  the  best  interest  of	the		
District. No vendor shall be entitled to recover any costs	of		
proposal preparation or submittal from the District.						
If less	than three	(3)	proposals	are	received,	the	District		
							reject	the		
may  purchase  design-build  services		or				may				
			no proposals are		
proposals for lack	of	competitiveness.		If			
received, the District may take whatever steps reasonably		
necessary  in  order  to  proceed  with  the  procurement		of		
				
design-build		services,	which  steps		may		include	a	direct		
purchase		of		the  design-build  services			without	further		
																	
competitive selection processes.																			
Notice	of		the rankings adopted by the Board, including	the		
					in		
rejection	of	some	or	all	proposals,	shall			be	provided				
																					
writing  to  all  consultants  by  United  States  Mail,  hand		
delivery,  facsimile,  or  overnight  delivery  service.    The		
notice	shall	include	the  following	statement:		"Failure to		
file a protest within the time prescribed	in Rule 3 .11	of	the		
								waiver		of		
Rules	of	the   District   shall   constitute			a						
proceedings under those Rules," or wording to that effect.		
Protests of the District's rankings under this Rule shall be		
in accordance with the procedures set forth in Rule 3 .11.				

45

(3)

(4)

(5)

	8.	The Board shall negotiate a contract with the firm ranking		
		the  highest	based  on  the  evaluation	standards	and	shall		
		establish  a	price  which  the  Board  determines	is	fair,		
							
		competitive and reasonable.  Should the Board be unable to		
		negotiate a satisfactory contract with the firm considered to		
		be the most qualified at a price considered by the Board to		
		be fair, competitive, and reasonable, negotiations with that		
		firm must be terminated.  The Board shall then undertake		
		negotiations with the second most qualified firm, based on		
		the  ranking  by the  evaluation  standards.   Failing  accord		
		with  the  second  most  qualified  film,  the  Board  must		
		terminate  negotiations.   The  Board  shall  then  undertake		
		negotiations with the third most qualified firm.	Should the		
		Board	be unable to  negotiate a satisfactory	contract with		
									
		any of the selected films, the Board shall select additional		
		firms	in order	of their  rankings  based on the  evaluation		
		standards and continue negotiations until an agreement is		
		reached or the list of films is exhausted.								
	9.	After the Board contracts with a firm, the film shall bring		
		to the Board for approval, detailed working	drawings of the		
									
		project.											
	10.	The	Design   Criteria  Professional	shall		evaluate	the		
				drawings and project		
		compliance	of	the detailed working			
													
		construction with  the  Design  Criteria Package,  and  shall		
		provide the Board with a report of the same.							
Contracts; Public Records.  In accordance with Florida law, each contract entered		
into pursuant to this Rule shall include provisions required by law that require the		
contractor to comply with public records laws.									
Emergency Pmchase.  The Board may, in case of public emergency,	declare an		
					
emergency and  immediately proceed with negotiations with  the  best  qualified		
Design-Build Firm available at the time.  The fact that an Emergency Purchase		
has occurred shall be noted in the minutes of the next Board meeting.					
Exceptions.  This Rule is inapplicable	when:									
										
(a)	The project	is undertaken as repair or maintenance	of an	existing public		
	facility;													
(b)	The funding source	of the project will be diminished	or lost because the		
										
	time required to competitively award the project after the funds become		
	available exceeds the time within which the funding source must be spent;		

46

(c)

(d)

The District has competitively awarded a project and the contractor has

abandoned the project or the District has te1minated the contractor; or

The District, after public notice, conducts a public meeting under Section

286.011 of the Florida Statutes, and finds by a majority vote of the Board
that it is in the public's best interest to perform the project using its own

services, employees, and equipment.

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:	§§119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.	

47

Rule 3.7	Payment and Performance Bonds.							
(1)	Scope.	This  Rule  shall  apply  to  contracts	for  the  construction  of a	public		
							
	building, for the prosecution and completion	of a public work, or for repairs upon		
							
	a public  building  or public work,  and  shall  be  construed  in  addition to  terms		
	prescribed by any other Rule that may also apply to such contracts.				
(2)	Required Bond.  Upon entering into a contract for any of the services described	in		
				
	section (1) of this Rule in excess of $200,000,	the Board should require that the		
						
	contractor,  before  commencing  the  work,  execute  and  record  a  payment  and		
	performance bond in an amount equal to the contract price.  Notwithstanding the		
	terms of the contract or any other law, the District may not make payment	to the		
		of the		
	contractor until the contractor has provided	to the District a certified copy			
							
	recorded bond.							
(3)	Discretionary Bond.  At the discretion	of the Board, upon entering into a contract		
								
	for any	of the services described in section (1) of this Rule for  an amount not		
	exceeding $200,000, the contractor may be exempted from executing a payment		
	and performance bond.							
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.							
Law Implemented:  §255.05, Fla. Stat.							

48

Rule 3.8

(1)

(2)

Goods, Supplies, and Materials.			
Purpose and Scope.  All purchases of goods, supplies, or materials exceeding the		
amount provided	in  Section 287.017  of the  Florida Statutes,  for  CATEGORY		
FOUR, shall be purchased under the te1ms of this Rule.  Contracts for purchases		
of "goods, supplies, and materials"printing,donotinclude	insurance, advertising,		
			
or  legal  notices.	A	contract  involving  goods,  supplies,  or  materials  plus		
maintenance services may, in the discretion of the Board, be treated as a contract		
for  maintenance  services.   However,  a purchase  shall not be  divided  solely in		
order to avoid the threshold bidding requirements.			
Procedure.  When a purchase of goods, supplies, or materials is within the scope		
of this Rule, the following procedures shall apply:			

(a)	The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

(b)	Notice  of the  Invitation  to  Bid,  Request  for  Proposals,  Invitation  to	
	Negotiate, or Competitive Solicitation shall be advertised at least once in a	
	newspaper of general circulation within the District and within the county	
	in which the District is located.  The notice shall also include the amount	
	of the bid bond, if one is required.  The notice shall allow at least seven (7)	
	days for submittal of bids, proposals, replies, or responses.	
( c)	The District may maintain lists of persons interested in receiving notices	
	of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or	
	Competitive Solicitations.  The District shall make a good faith effort to	
	provide  written  notice,  by  electronic  mail,  United  States  Mail,  hand	
	delivery, or facsimile, to persons who provide their name and address to	
	the  District  Manager  for  inclusion  on  the  list.   However,  failure  of a	
	person to receive the notice shall not invalidate any contract awarded in	
	accordance with this Rule  and  shall not be a basis for a protest of any	
	contract award.	
(d)	If the District has pre-qualified suppliers of goods, supplies, and materials,	
	then, at the option of the District, only those persons who have been pre-	
	qualified will be eligible to submit bids, proposals, replies, or responses.	

(e)	In order to be eligible to submit a bid, proposal, reply, or response, a firm

or individual must, at the time of receipt of the bids, proposals, replies, or

responses:

(i)	Hold the required applicable state professional licenses m good standing;

(ii)   Hold allfederalrequired applicable	licenses in good standing, if any;	

49

(f)

(g)

(iii)  Hold a cun-ent and active Florida corporate charter or be authorized		
to do business in the State of Florida in accordance	with Chapter 607		
		and		
of the Florida Statutes, if the vendor is a corporation;			

(iv)	Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence	of compliance with these Rules must be submitted	with the bid,		
								
proposal, reply or response if required	by the District.  Failure to submit		
														the		
evidence	of	compliance when required may be grounds for rejection of			
bid, proposal, reply, or response.																		
Any firm or individual whose principal	place of business	is outside the		
					of	an attorney	at law		
State of Florida must also submit a written opinion					
						
licensed to practice law in that foreign state, as to the preferences,	if any or		
none, granted by the law of that foreign state to business	entities whose		
				of any or		
principal places of business are in that foreign state, in the letting			
all	public	contracts.	Failure  to		submit		such  a	written	opinion	or		
												
submission	of	a false or misleading	written opinion may be grounds for		
																			
rejection	of	the bid, proposal, reply, or response.											
Bids, proposals, replies, and responses shall be publicly opened at the time		
and place noted on the Invitation to	Bid, Request for Proposals,	Invitation		
							
to  Negotiate,  or  Competitive  Solicitation.  Bids,  proposals,  replies,  and		
responses shall be evaluated in accordance with the respective Invitation		
to  Bid,  Request  for  Proposals,  Invitation to  Negotiate,  or  Competitive		
Solicitation, and this Rule.  Minor variations in the bids, proposals, replies,		
or responses may be waived by the Board. A variation	is minor		if	waiver		
									
of	the variation does not create a competitive advantage or disadvantage of		
a	material  nature.   Mistakes  in arithmetic	extension of pricing may be		
														
corrected  by  the  Board.   Bids  and proposals  may  not  be  modified  or		
supplemented  after  opening;  provided  however,  additional  information		
may be  requested	and/or provided to		evidence	compliance,  make  non-		
material	modifications,	clarifications,		or		supplementations,		and	as		
																	
otherwise permitted by Florida law.																		
The  lowest  Responsive  Bid,  after  taking  into  account  the  preferences		
provided	for	in	this	subsection,		submitted	by	a	Responsive	and		
Responsible  Bidder  in  response  to	an  Invitation	to	Bid,	Request	for		
		Solicitation	shall	be		
Proposals,  Invitation to	Negotiate,		or		Competitive					
accepted.	If	the lowest Responsive	Bid is submitted by a Responsive and		
					place		of	business  is  located  in  a		
Responsible	Bidder  whose  principal						
																	
foreign state which does not grant a preference in competitive purchase to		
businesses whose principal place of	business	are in that foreign state, the		

50

lowest	Responsible	and	Responsive	Bidder	whose	principal	place	of		
										of five	( 5)		
business is in the State of Florida shall be awarded a preference				
percent.	If	the lowest Responsive	Bid is submitted by a Responsive and		
					of	business  is  located  in  a		
Responsible	Bidder	whose  principal	place				
				in	competitive  purchase	to		
foreign	state  which	grants	a  preference					
businesses whose principal place of business	are in that foreign state, the		
	whose	principal	place	of		
lowest	Responsible	and	Responsive	Bidder						
								a preference equal to		
business is in the State of Florida shall be awarded			
						
the preference granted by such foreign state.									
To  assure  full  understanding  of	the  responsiveness	to  the  solicitation		
						
requirements  contained  in  an  Invitation to  Bid,  Request  for  Proposals,		
Invitation to Negotiate,  or Competitive Solicitation, discussions may be		
conducted  with  qualified  vendors.Vendors  shall  be  accorded  fair		
treatment prior to the submittal date with respect to any opportunity for		
discussion,	preparation,	and	revision	of  bids,  proposals,  replies,  and		
													
responses.															

(h)	The  Board  shall  have  the  right to  reject all  bids,  proposals,  replies,  or
responses  because  they  exceed  the  amount	of funds  budgeted  for  the		
			if rejection  is		
purchase,  if	there  are  not  enough  to  be	competitive,  or			
determined to be in the best interest	of the District.	No vendor shall be		
		reply,	or  response		
entitled  to	recover  any  costs	of	bid,	proposal,				
								
preparation or submittal from the District.						

(i)	The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

(j)	Notice  of  intent  to  award,  including  rejection	of  some  or  all  bids,		
	proposals, replies, or responses shall be provided in writing to all vendors		
	by  United  States  Mail,  hand  delivery,  facsimile,  or  overnight  delivery		
	service.  The notice shall include the following statement:  "Failure to file		
	a  protest  within  the  time  prescribed	in  Rule  3 .11  of the  Rules  of	the		
			under those	Rules,"	or		
	District shall  constitute a waiver	of proceedings					
				of goods,		
	wording  to  that  effect.   Protests	of	the  District's  purchase			
								
	supplies,  and materials under this Rule shall be  in accordance with the		
	procedures set forth in Rule 3 .11.							

(k)	If less than three (3) bids, proposals, replies, or responses are received, the
District may purchase goods, supplies, or materials, or may reject the bids,		
proposals,  replies,  or  responses  for  a  lack	of  competitiveness.  If no		
Responsive  Bid,  Proposal,  Reply,  or Response  is  received,  the  District		
may take whatever steps reasonably necessary in order to proceed with the		
procurement of goods, supplies, and materials,	which steps may include a		

51

direct  purchase	of	the  goods,  supplies,	and  materials  without  further		
					
competitive selection processes.			

(3)	Goods,  Supplies,  and  Materials  included  in  a  Construction  Contract Awarded

Pursuant to  Rule  3.5	or  3.6.   There  may  be	occasions  where  the  District has		
undergone the competitive purchase	of construction services which contract may		
		or	materials.	In  that  instance,  the		
include  the  provision	of goods,  supplies,					
						
District may approve	a change order to  the contract and directly purchase the		
goods, supplies, and materials.  Such purchase	of goods, supplies, and materials		
				
deducted from a competitively purchased construction contract shall be exempt		
from this Rule.							

(4)	Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by
governmental agencies are exempt from this Rule.  A contract for goods, supplies,		
or materials is exempt from this Rule if state or federal law prescribes	with whom		
				
the  District  must  contract  or  if the  rate  of payment	is  established  during  the		
			of goods,		
appropriation  process.   This  Rule  shall  not  apply  to  the  purchase			
			
supplies or materials that are purchased under a federal, state, or local government		
contract that  has  been  competitively procured  by  such  federal,  state,  or  local		
government in a manner consistent with the material procurement requirements of		
these Rules.					

(5)	Renewal.  Contracts for the purchase	of goods, supplies, and/or		
					
	to this Rule may be renewed for a period that may not exceed		
	the te1m of the original contract, whichever	period is longer.		

materials subject

three (3) years or

( 6)	Emergency Purchases.  The District may make an Emergency Purchase without	
	complying with these rules.  The fact that an Emergency Purchase has occurred or	
	is necessary shall be noted in the minutes of the next Board meeting.	
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:  §§189.053, 190.033, 287.017, 287.084, Fla. Stat.	

52

Rule 3.9

(1)

(2)

Maintenance Services.													
Scope.  All contracts for maintenance	of any District facility or project shall be set		
										in Section		
under the terms of this Rule if the cost exceeds the amount provided			
				
287.017 of the Florida Statutes, for CATEGORY	FOUR.	A contract involving		
							of		
goods, supplies, and materials plus maintenance	services may, in the discretion			
										
the Board, be treated as a contract for maintenance services.  However, a purchase		
					requirementsbidding.				
shall not be divided solely in order to avoid the threshold							
Procedure.  When a purchase of maintenance services is within the scope of this		
Rule, the following procedures shall apply:												
(a)	The Board shall cause to  be prepared	an Invitation	to  Bid, Request for		
												
	Proposals, Invitation to Negotiate, or Competitive Solicitation.				
(b)	Notice  of the  Invitation  to	Bid,  Request		for	Proposals,  Invitation	to		
											
	Negotiate, or Competitive Solicitation shall be advertised at least once in a		
	newspaper of general circulation within the District and within the county		
	in which the District is located.  The notice shall also include the amount		
	of the bid bond, if one is required.  The notice shall allow at least seven (7)		
	days for submittal of bids, proposals,	replies, or responses.				
													
(c)	The District may maintain lists of persons interested	in receiving notices		
						
	of Invitations to Bid, Requests for Proposals,	Invitations to Negotiate, and		
									
	Competitive Solicitations.  The District shall make a good faith effort to		
	provide  written  notice,  by  electronic  mail,  United  States  Mail,  hand		
	delivery, or facsimile, to persons who provide their name and address to		
	the  District  Manager  for  inclusion	on		the		list.		However,  failure  of	a		
							any contract awarded	in		
	person to receive the notice shall not invalidate				
								
	accordance with this Rule and shall not be	a basis for  a protest of any		
	contract award.													
(d)	If the District has pre-qualified suppliers	of	maintenance services, then, at		
	the option of the District, only those persons who have been pre-qualified		
	will be eligible to submit bids, proposals,	replies, and responses.				
											
(e)	In order to be eligible to submit a bid, proposal,	reply, or response, a firm		
					replies, or		
	or individual must, at the time of receipt	of	the bids, proposals,			
							
	responses:													

(i)	Hold the required applicable state professional licenses m good standing;

(ii)   Hold all required applicable federal licenses in good standing,	if any;		

53

(f)

(g)

(h)

(iii)  Hold a current and active Florida corporate charter or be authorized		
to do business in the State of Florida in accordance	with Chapter 607		
		and		
of the Florida Statutes, if the vendor is a corporation;			

(iv)	Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted	with the bid,		
		submit		
proposal, reply, or response if required by the District.	Failure to			
evidence of	compliance when required may be grounds for rejection of the		
bid, proposal, reply, or response.													
Bids, proposals, replies, and responses shall be publicly opened at the time		
and place noted on the Invitation to Bid, Request for Proposals, Invitation		
to	Negotiate,	or Competitive  Solicitation.		Bids, proposals,	replies,  and		
													
responses shall be evaluated in accordance with the respective Invitation		
to	Bid,  Request  for  Proposals,  Invitation	to	Negotiate,  or	Competitive		
Solicitation,  and  these  Rules.   Minor variations  in the  bids,  proposals,		
replies, and responses may be waived by the Board.	A variation is minor		
if	waiver  of	the  variation  does  not  create	a	competitive	advantage	or		
						extension	of		
disadvantage	of a material nature.	Mistakes	in arithmetic				
pricing may be corrected by the Board.  Bids and proposals may not be		
modified  or  supplemented  after  opening;  provided  however,  additional		
information may be requested and/or provided to  evidence compliance,		
make non-material modifications, clarifications, or supplementations, and		
as otherwise permitted by Florida law.												
The lowest Responsive Bid submitted in response to an Invitation to Bid		
by a Responsive and Responsible Bidder shall be accepted.  In relation to		
a	Request		for   Proposals,   Invitation	to	Negotiate	or		Competitive		
															
Solicitation the  Board  shall  select the  Responsive  Proposal,  Reply,  or		
Response  submitted by a Responsive and Responsible Vendor which is		
most advantageous to the District.	To	assure full	understanding	of	the		
													
responsiveness to the solicitation requirements contained in a Request for		
Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions		
may be conducted with qualified vendors.  Vendors shall be accorded fair		
treatment prior to the submittal date with respect to any opportunity for		
discussion,	preparation,  and  revision	of	bids,  proposals,  replies,  or		
													
responses.															
The  Board	shall have  the  right to	reject	all bids,	proposals,  replies,  or		
responses  because  they  exceed  the  amount	of funds	budgeted	for	the		
						
purchase,  if	there  are  not  enough	to  be	competitive,	or	if rejection  is		
determined to be in the best interest of	the District.	No Vendor shall be		

54

(i)

Ci)

entitled  to  recover  any  costs	of	bid,  proposal,	reply,	or	response		
									
preparation or submittal from the District.										
The  Board  may  require  bidders  and  proposers  to  furnish  bid  bonds,		
performance bonds,  and/or other bonds with	a responsible  surety to  be		
approved by the Board.														
Notice  of  intent  to  award,  including  rejection	of	some	or	all  bids,		
proposals, replies, or responses shall be provided	in writing to all vendors		
									
by  United  States  Mail,  hand  delivery,  facsimile,  or  overnight  delivery		
service.  The notice shall include the following statement:  "Failure to file		
a protest within  the time	prescribed	in Rule  3	.11  of	the	Rules  of	the		
					under those Rules,"	or		
District shall constitute a waiver	of proceedings				
				procurement	of		
wording  to  that  effect.	Protests		of  the	District's				
													
maintenance  services  under  this  Rule  shall  be  in  accordance  with  the		
procedures set forth in Rule 3 .11.													

(3)

(4)

(5)

(6)

(k)	If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may
reject   the	bids,	proposals,   replies,		or	responses	for	a	lack	of		
										is		
competitiveness.	If no	Responsive	Bid, Proposal, Reply,  or Response			

received,  the  District may take	whatever  steps reasonably necessary  in		
order to  proceed with the procurement	of	maintenance  services,  which		
									
steps may include a direct purchase	of	the maintenance services without		
											
further competitive selection processes.										
Exemptions.  Maintenance services that are only available from a single source		
are  exempt  from	this  Rule.	Maintenance	services  provided	by  governmental		
agencies  are  exempt from this  Rule.	A		contract	for  maintenance	services	is		
					with whom the District		
exempt from this Rule if state or federal law prescribes			
							
must contract or	if the rate of payment is	established during the appropriation		
process.																	
Renewal.  Contracts for the purchase	of maintenance services subject to this Rule		
may be renewed for a period that may not exceed three (3) years or the term of the		
original contract, whichever period is longer.										
						with			law, each contract entered		
Contracts; Public Records.  In accordanceFlorida										
into pursuant to this Rule shall include provisions required by law that require the		
contractor to comply with public records laws.										
Emergency Purchases.  The District may make an Emergency Purchase without		
complying with these rules.  The fact that an Emergency Purchase has occurred or		
is necessary shall be noted in the minutes of the next Board meeting.					

Specific Authority:	§§190.011(5), 190.011(15), 190.033, Fla. Stat.	
Law Implemented:	§§119.0701, 190.033, 287.017, Fla. Stat.	

55

Rule 3.10	Contractual Services.												
(1)	Exemption from  Competitive Purchase.		Pursuant to  Section 190.033(3)	of the		
						
	Florida  Statutes,  Contractual	Services		shall		not  be  subject	to	competitive		
	purchasing  requirements.	If	an  agreement	is	predominantly	for	Contractual		
										
	Services,  but also  includes maintenance	services or the purchase of goods  and		
										
	services, the contract shall not be subject to competitive purchasing requirements.		
	Regardless of whether an advertisement	or solicitation for Contractual Services is		
				for Proposals, Invitation to Negotiate,		
	identified as an Invitation to Bid, Request			
									
	or Competitive Solicitation, no rights or remedies under these Rules, including		
	but  not  limited  to  protest  rights,  are  conferred  on  persons,  firms,  or  vendors		
	proposing to provide Contractual Services to the District.					

(2)	Contracts; Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the

contractor

to

comply with public records

laws.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.

Law Implemented:	§§119.0701, 190.011(3), 190.033, Fla. Stat.

56

Rule 3.11	Protests With Respect To Proceedings under Rules 3.1, 3.2, 3.3,	
3.4, 3.5, 3.6, 3.8, and 3.9.			
The resolution	of any protests with respect to proceedings under Rules 3	.1,	3.2,	
3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.			

(1)	Filing.

(a)	With   respect   to   a   protest   regarding   qualifications,   specifications,

	documentation,	or	other	requirements  contained	in		a	Request	for		
	Qualifications,  Request for	Proposals,	Invitation to  Bid,  or  Competitive		
	Solicitation issued by the District,	the notice of	protest shall be filed in		
										(excluding	Saturdays,		
	writing  within  seventy-two  (72)	calendar		hours				
	Sundays, and state holidays) after the first advertisement	of the Request		
								
	for Qualifications, Request for Proposals, Invitation to Bid, or Competitive		
	Solicitation.  A formal protest setting forth with particularity the facts and		
	law  upon  which  the  protest  is  based  shall  be  filed  within  seven  (7)		
	calendar days (including Saturdays, Sundays, and state holidays) after the		
	initial notice  of	protest was  filed.  For purposes	of this  Rule,  wherever		
	applicable,  filing	will  be  perfected  and  deemed to	have		occurred upon		
	receipt by the District. Failure to file a notice of	protest shall constitute	a		
					
	waiver of	all rights to protest the District's	intended decision.	Failure to		
			an abandonment of the protest		
	file a formal written protest shall constitute			
															
	proceedings and shall automatically terminate the protest proceedings.				
(b)	Except for those situations covered by subsection	(l)(a)	of this Rule, any		
			District's	ranking		or		
	firm  or  person  who  is  affected  adversely	by		a						
														
	intended award under Rules  3.1,  3.2,  3.3, 3.4, 3.5,  3.6,  3.8,  or 3.9 and		
	desires to contest the District's ranking or intended award, shall file with		
	the District a written notice of protest within seventy-two  (72) calendar		
	hours (excluding Saturdays, Sundays,	and state holidays) after receipt	of		
						award.	A formal protest		
	the notice	of the District's ranking or intended				
														
	setting forth with particularity the facts and law upon which the protest is		
	based shall be filed within seven (7) calendar days (including Saturdays,		
	Sundays, and state holidays) after the	initial notice	of	protest was filed.		
	For purposes of	this Rule,  wherever	applicable,  filing  will be perfected		
																			
	and deemed to have occurred upon receipt by the District. Failure to file a		
	notice  of	protest  shall  constitute	a	waiver	of		all  rights  to  protest  the		
	District's	ranking	or  intended  award.		Failure		to	file	a		fmmal  written		
	protest  shall  constitute  an  abandonment	of	the  protest proceedings  and		
																
	shall automatically te1minate the protest proceedings.								

(c)

If disclosed  in  the  District's  competitive	solicitation	documents	for	a		
							
particular purchase under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9, the		
Board may  require  any  person who  files		a  notice  of	protest to	post	a		
protest bond in the amountto equal	1% of	the anticipated	contract amount		

57

that is the subject of the protest.  Inthethe event		protest is successful, the		
		In the event the protest is		
protest bond shall be refunded to the protestor.			
			
unsuccessful, the protest bond shall be applied towards the District's costs,		
expenses, and attorney's fees  associated with hearing and defending the		
protest.	In the  event the protest is  settled by	mutual  agreement of the		
parties, the protest bond shall be distributed	as	agreed to by the District		

and

protestor.

	( d)	The  District  does  not  accept  documents  filed  by  electronic  mail  or		
		facsimile transmission.  Filings are only accepted during normal business		
		hours.					
(2)	Contract Execution.  Upon receipt	of	a notice of protest which has been timely		
	filed, the District shall not execute the contract under protest until the subject of		
	the protest is resolved.   However,	if the District sets forth in writing particular		
						
	facts  and circumstances showing that delay incident to protest proceedings will		
	jeopardize the funding  for the project, will  materially	increase the  cost of the		
				
	project,	or will  create  an  immediate	and  serious  danger  to  the  public  health,		
						
	safety, or welfare, the contract may be executed.			

(3)	Informal  Proceeding.  If the  Board  determines  a  protest  does  not  involve  a
	disputed issue of material fact, the Board may, but is not obligated	to, schedule an		
					
	informal proceeding to consider the protest.	Such informal proceeding shall be at		
	a time and place determined by the Board.	Notice of such proceeding	shall be		
					
	sent via facsimile, United States Mail, or hand delivery	to the protestor and any		
							
	substantially affected persons or parties not less than three (3) calendar days prior		
	to  such  inf01mal  proceeding.   Within  thirty  (30)  calendar  days  following  the		
	informal proceeding,  the  Board  shall issue	a	written decision setting forth the		
	factual, legal, and policy grounds for its decision.						
( 4)	Formal Proceeding. If the Board determines	a protest involves disputed issues of		
		use the informal	proceeding process		
	material fact	or if the Board elects not to					
							a  formal		
	provided  for	in  section  (3)  of this  Rule,	the	District  shall  schedule			
							
	hearing to resolve the protest.  The Chairperson	shall designate any member of the		
								
	Board (including the Chairperson), District Manager, District Counsel, or other		
	person as a hearing officer to conduct the hearing.  The hearing officer may:		
	(a)	Administer oaths and affirmations;									

(b)

(c)

( d)

( e)

Rule upon offers	of proof and receive relevant evidence;		
Regulate the course of the hearing, including	any pre-hearing matters;		
			
Enter orders; and					
Make or receive offers of settlement,	stipulation, and adjustment.		

58

(5)

(6)

(7)

The hearing officer shall, within thirty (30) days after the hearing or receipt of the		
hearing  transcript,  whichever  is	later,  file	a  recommended  order  which  shall		
include a caption, time and place	of hearing,	appearances entered at the hearing,		
				of law, separately stated,		
statement of the issues, findings of fact and conclusions			
and a recommendation for	final	District action.	The	District shall allow each		
party fifteen ( 15) days in which to submit written exceptions	to the recommended		
				
order.  The District shall issue a final order within sixty ( 60) days after the filing		
of the recommended order.										
Intervenors.  Other  substantially affected  persons  may join the  proceedings  as		
intervenors on appropriate terms which shall not unduly delay the proceedings.		
Rejection	of all  Qualifications,  Bids,  Proposals,	Replies	and  Responses  after		
							
Receipt of	Notice of Protest.  If the Board determines there was a violation of law,		
defect or an irregularity in the competitive	solicitation process, or if the Board		
determines it is otherwise in the District's best interest, the Board may reject all		
qualifications,  bids,  proposals,  replies,  and	responses  and	start the  competitive		
solicitation process anew.	If the Board decides to	reject all qualifications,	bids,		
					
proposals,  replies,  and responses  and start the  competitive solicitation process		
anew, any pending protests shall automatically terminate.				
Settlement.  Nothing herein shall preclude	the settlement of any protest under this		
								
Rule at any time.										

Specific Authority:	§§190.011(5), 190.011(15), Fla. Stat.	
Law Implemented:	§190.033, Fla. Stat.	

59

Rule 4.0	Effective Date.
These  Rules  shall be effective ____,	2018,  except that	no	election of officers	
required by these Rules shall be required until after the next regular election for the Board.	
Specific Authority:  §§190.011(5), 190.011(15), Fla. Stat.				
Law Implemented:  §§190.011(5), 190.011(15), Fla. Stat.				

60

NOTICE OF RULE DEVELOPMENT BY
THE NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

In accord  with  Chapters  120  and  190,  Florida  Statutes,  the  North  Powerline  R oad
Community Development District (the "District',) hereby gives notice of its inte ntion to develop
Rules of Procedure to govern the operations of the District.

The Rules of Pro cedure address such areas as the Board of Supervisors, officers and vot ing, district offices, public information and inspection of records, policies, public meetings, hearings and workshops, rul emaking proceedings and competitive purchase including procedure under the Consultants Competitive Negotiation Act, procedure regarding a uditor selecti on, purchase of insurance, pre~qualification, construction contracts, goods, supplies and materials, maintenance services, con tractual services and protests with resp ect to proceedings, as well as any other area of the general operation of the District.

The purpose and effect of the Rules of Procedure is to provide for efficient and effective District operations. The legal authority for the adoption of the proposed Rules of Procedure includes Secoti ns 190.011(5), 190.011 ( 15) and 190.035, Florida S tatutes (2016). The specific laws implemented in (he Rules of Procedure include, but are not limited to, Sections 11 2.08, 11 2.3 143, 11 9.07, 189.053, 190.006, 190 .007, 190.008, 190.01 1(3), 190.011 (5), 190.011 ( 15), 190.033 , 190.035, 2 18.391, 255.05, 255.0518, 255.0525, 255.20, 2865,.0 10 286.01 1, 287.017, 2 87.055 and 287.084, Florida Statutes (20 17).

A	copy of the proposed Rules of Procedure may be obtained by contacting the District Manager at 1205 1 Corporate Blvd., Orla ndo, Florida 328 17 or by calling (407) 382-3256.

Jane Gaarlandt, D istrict Manager
Run Date: ----

PUBLISH: [AT LEAST 29 DAYS PRIOR TO ADOPTION DATE; AT LEAST ONE DAY PRIOR TO NOTICE OF RULEMAKING]

NOTICE OF RULEMAKING REGARDING THE RULES OF PROCEDURE OF THE

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT

A public hearing will be conducted
Road	Community	Development	District
___________, Florida

by

on
].

the Board of
~---

Supervisors
_, 2018

of

at

the
_:

N
_

01ih Powerline

p.m./a.m.,	at

In	accord  with  Chapters  120	and	190,	Florida	Statutes,	the  North  Powerline  Road		
Community Development District (the "District")	hereby gives the public notice of its intent to		
											Rules  of		
adopt  its	proposed	Rules  of Procedure.		The	purpose  and  effect  of the  proposed				
Procedure  is  to  provide  for  efficient  and  effective  District  operations.	Prior notice	of rule		
development was published in the ___________ on _________		
2018.																							
The Rules of Procedure may address such areas as	the Board of Supervisors,	officers and		
voting, district offices, public inf01mation	and inspection	of records, policies,	public meetings,		
										
hearings and workshops, rulemaking proceedings and competitive purchase including procedure		
under  the  Consultants  Competitive	Negotiation  Act,  procedure  regarding  auditor  selection,		
purchase of insurance, pre-qualification,	construction contracts, goods, supplies and materials,		
														as	well as		
maintenance services, contractual services and protests with respect to proceedings,				
					
any other area of the general operation	of	the District.													
Specific legal authority for the  adoption		of the proposed Rules	of Procedure		includes		
							
							The	specific  laws		
Sections  190.011(5),  190.011(15)  and	190.035,  Florida  Statutes  (2016).				
implemented  in  the  Rules	of Procedure	include,  but  are  not  limited  to,  Sections  112.08,		
				190.008,	190.011(3),	190.011(5),		190.011(15),		
112.3143,	119.07,	189.053,	190.006,	190.007,								
190.033,	190.035, 218.391, 255.05,	255.0518,	255.0525,	255.20,	286.0105,	286.011,	287.017,		
287.055 and 287.084, Florida Statutes (2016).																

A

Manager

copy of at 12051

the proposed Rules	of Procedure may be obtained	by contacting the District		
				
Corporate Blvd., Orlando, Florida  32817 or by calling (407) 382-3256.		

Any person who wishes to provide the District with a proposal for a lower cost regulatory		
alternative as provided by Section 120.541(1), Florida Statutes,  must	do  so	in writing within		
twenty-one (21) days after publication	of this notice to the District Manager,	12051  Corporate		

Blvd., Orlando, Florida  32817.								
This public hearing may be continued to a date, time, and place to be specified on the		
record at the hearing.	If anyone chooses to appeal any decision of the Board with respect to any		
matter considered at	a public hearing, such person will need a record	of the proceedings	and		
should accordingly ensure that a verbatim	record of the proceedings is made which includes	the		
				
				staff,  or		
testimony  and  evidence  upon  which  such  appeal  is  to  be  based.  At  the  hearing,			
				
Supervisors may paiiicipate in the public hearing by speaker telephone.						

Pursuant to provisions of the Americans with Disabilities Act, any person rcqu1rmg special accommodations at this meeting because of a disability or physical impairment should contact the District Office al (407) 382 -3256 at least 48 houl's prior to the meeting . Jf you are hearing or speech impaired, please contact the Florida Relay Service by di aling 7- 1- 1, or 1-800-95577-8 1 (TTY)/ 1-800-955-8770 (Voice), for aid in contacting the District Offi ce.

Jane Gaa rlandt, District Manager
Run Date: ----------

PUBLIS H: LAT LEAST 28 DAYS PRIOR TO ADO PTION DATE

North

Community

Powerline Road

Development District

Resolution 2018-12,

Expressing

the

Intent

of

the

District to

Utilize

the

Uniform

Method

of

Levy,

Collection

and

Enforcement

of

Non

Ad-Valorem

Assessments

and

Setting a

Public

Hearing

Date

Thereon

RESOLUTION 2018-12		
A RESOLUTION OF THE BOARD	OF SUPERVISORS OF THE NORTH		
			
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT		
DESIGNATING A DATE, TIME,ANDLOCATIONOF APUBLICHEARING		
REGARDING  THE  DISTRICT'S  INTENT  TO  USE  THE  UNIFORM		
METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF		
NON-AD  VALOREM SPECIAL ASSESSMENTS  AS  AUTHORIZED  BY		
SECTION   197.3632,   FLORIDA   STATUTES;   AUTHORIZING   THE		
PUBLICATION OF THE NOTICE	OF SUCH HEARING; AND PROVIDING		
				
AN EFFECTIVE DATE.				

WHEREAS, the North

a local unit of special-purpose

Statutes,entirelybeing situated

Powerline Road Community Development District (the	
to	Chapter	
government created and existing pursuant		
within Polk County, Florida; and		

"District") is 190, Florida

WHEREAS, the District pursuant	to the provisions of Chapter 190, Florida Statutes,	is		

authorized to levy, collect, and enforce certain special assessments, which include benefit and		
maintenance assessments and further authorizes	the District's Board of Supervisors"Board")(the		to		
					
	pursuant to Chapters 170, 190 and 197,	Florida		
levy, collect, and enforce special assessments				
					
Statutes.						

WHEREAS, the District desires

enforcement of non-ad valorem special

Statutes, (the "Uniform Method").

to use the Uniform Method for the levy, collection and		
assessments authorized by Section  197.3632,	Florida		

NOW,   THEREFORE,   BE   IT   RESOLVED   BY   THE   BOARD   OF		
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD  COMMUNITY		
DEVELOPMENT DISTRICT:			
SECTION 1.  A Public Hearing will be held to adopt the Uniform	Method on ___		

,

2018,

at

____

.m.,

at

______________________

_

SECTION 2.	The  District  Secretaiy is  directed to  publish notice	
accordance with Section 197.3632, Florida Statutes.	

of

the hearing  in

SECTION 3. This Resolution shall become PASSED AND ADOPTED this 20th day of

ATTEST:

effective immediately upon its adoption.

June, 2018.

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretaiy/Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road
Development District

Resolution 2018-13,		
Designating Local	District		

Office

RESOLUTION

2018-13

A  RESOLUTION BY

THE

BOARD

OF  SUPERVISORS  OF

THE

NORTH

POWERLINE	ROAD

COMMUNITY

DEVELOPMENT

DISTRICT

DISTRICT

DESIGNATING	THE  LOCATION	OF  THE	LOCAL		
RECORDS	OFFICE	AND	PROVIDING	AN		

EFFECTIVE DATE.

WHEREAS, the North a local unit of special-purpose Statutes,entirelybeing situated

Powerline Road Community Development District (the "District") is	
government created and existing pursuant to Chapter 190,	Florida	
within Polk County, Florida; and		

WHEREAS, the District is statutorily required to	designate a local district records office	
location for the purposes of affording citizens the ability to	access the District's records, promoting	
the disclosure of matters undertaken by the District, and ensuring that the public is informed of the	
activities of the District in accordance with Chapter 119 and Section 190.006(7), Florida Statutes;	
and		

WHEREAS,

District records are availablereviewfor public

and inspection at the

offices

of

NOW,  THEREFORE,

SUPERVISORS	OF

BE  IT

THE

RESOLVED	BY  THE  BOARD	OF

NORTH	POWERLINE	ROAD

COMMUNITY

DEVELOPMENT

DISTRICT:

SECTION 1.

The District's local records office shall be located at:

SECTION

2.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS

20th day

of

June, 2018.

ATTEST:

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Secretary/ Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road
Development District

Resolution 2018-14,
Setting Forth the Policy of the District with	Regard		
		of		
the Support and Legal Defense of the Board			
			
Supervisors and District Staff				

to

•

Authorization to Obtain	General		
			
and Public Officers	Insurance		

Liability

	RESOLUTION 2018-14		
A  RESOLUTION  SETTING  FORTH	THE  POLICY  OF  THE  NORTH		
		DEVELOPMENT   DISTRICT		
POWERLINE   ROAD	COMMUNITY			
BOARD  OF SUPERVISORS WITH REGARD	TO THE SUPPORT AND		
			
LEGAL  DEFENSE  OF	THE  BOARD	OF  SUPERVISORS,  DISTRICT		
OFFICERS,  AND  RETAINED  STAFF;  AND  PROVIDING  FOR  AN		
EFFECTIVE DATE.						

WHEREAS, the Board of Supervisors	(the "Board") and the		
			
North Powerline Road Community Development District (the "District")		
with  the  necessity  for  making  decisions  regarding  various  phases		
management; and			

officers and staff of the

are constantly presented
of  District  policy	and

WHEREAS,

decisions be made in

Board and its officers

it is absolutely essential to the effective	operation of the District		
		liability membersforthe		
an environment where the threat of personal			
			
and staff is maintained at a minimum; and			

that such
of the

WHEREAS, the Board wishes to formalize a policy with regard to the support and		
protection of the Board and its officers and staff to reduce the threat of personal	liability to		
			
individuals and allow for an effective decision-making environment.			

legal

such

NOW,   THEREFORE,   BE   IT   RESOLVED   BY   THE		
SUPERVISORS  OF  THE  NORTH	POWERLINE  ROAD		
			
DEVELOPMENT DISTRICT:			

BOARD	OF

COMMUNITY

SECTION 1.  As set forth in this Resolution,	the District, in accordance with Florida		
			of the		
law, agrees that the following Board members, officers, and staff (together, "Indemnitees")			
			
District,  shall  be  provided  the  benefit	of	the  indemnification,	support  and  legal  defense		
						
provisions provided in this Resolution:							

A.

B.

All members of the Board of Supervisors;	and			
				
Secretary and Assistant  Secretaries,  Treasurer and Assistant Treasurers,  and  other		
District  officers,  as  well  as  District  Staff (e.g.,  the  District Manager,	the  District		
			
Engineer, and the District Counsel).				

SECTION 2.  As set forth in this Resolution	and in accordance with Sections 111.07 and		
			to defend any		
768.28, Florida Statutes, the District hereby agrees to provide legal representation			
and all civil actions, including federal civil rights and other federal civil claims, arising from a		
complaint for damages or injuries suffered as a result of any action or omission of action of all		
Indemnitees, present or fmmer,	arising out of and in the scope of his or her employment	or		
				
function, unless, in the case of	a tort action, the Indemnitee	acted in bad faith, with malicious		
purpose,  or  in a manner exhibiting	wanton  and willful  disregard of human rights,  safety,  or		
		but is not limited to, any civil rights lawsuit		
property. Defense of such civil actions includes,			

1

seeking relief personally against any Indemnitee for an act or omission	under color of	state law,		
		another person of rights		
custom or usage, wherein it is alleged that such Indemnitee has deprived			
secured under the Federal Constitution or laws, including,	by way of example, actions	under 42		
				
	agrees to provide legal representation		
U.S.C. § 1983 or other federal	statute. The District fmiher			
			from the performance of their		
						
to defend against any other litigation arising against an Indemnitee			
official duties while serving a public purpose, including civil, administrative or criminal actions		
			from  any immunity	liability		
as permitted by law. By these provisions, the District does not waive					
or limited waiver of such immunity	as granted under Florida law. Rather, the District is stating		
that to the extent the State does not through its laws protect the Board and its officers from		
liability, the District is committed to doing so to the extent described in this Resolution and as		
pe1mitted by law.									

SECTION 3.  The

fees directly arising out of

a decision or act made by

position.

District may insure itself in order to cover all reasonable	costs and		
			
or in connection with any legal claim or suit that directly results from		
an Indemnitee while perf01ming	the duties and functions of his or her		

SECTION 4.  This	Resolution	is		intended  to	evidence	the  District's	support		of		
													of	their duties		
																						
Indemnitees who perform acts and render decisions in the good faith performance				
and functions. The District will neither support nor defend those actions or omissions committed		
by an individual outside the scope	of	his or her office or committed	in bad faithwithor		malicious		
				of	human	rights,  safety,  or		
purpose  or  in	a manner exhibiting wanton	and willful	disregard						
prope1iy. By adoption of this Resolution,	the Indemnitee(s) in question are each presumed to		
			and are presumed to be acting in good faith,		
have acted within the scope	of his or her office			
without a malicious purpose, and not in a manner exhibiting wanton and willful disregard		of		
				
human  rights,  safety,  or	property.	The	District's  Board	of	Supervisors	may  overcome  this		
						in	accordance  with		
						those	participating	and		voting,				
presumption  only  by unanimous	vote  of									

Section 7 herein.																													
SECTION 5.  In the event that the District	has expended funds to provide an attorney to		
defend a Indemnitee who is found to be personally liable by viliue of actions outside the scope	of		
his or her employment or function, or is found to have acted in bad faith, with malicious purpose,		
or in a manner exhibiting wanton and willful disregard	of	human rights, safety, or property,	the		
						
					expended.	The District may		
individual shall be required	to reimburse the District for funds so				
									
recover such funds in a civil action against such individual.																
SECTION 6.  The District agrees	to	pay any final judgment,	including damages, fines,		
penalties, or other damages, costs, and attorney's fees and costs, arising from any complaint for		
damages or injuries suffered	as a result of any action or omission of	action	of any Indemnitee		as		
							
	Florida Statutes. If	the action	arises under Section 768.28, Florida		
described in Section 111.07,					
			that section	governing payment shall		
											of				
Statutes,	as a	t01i claim, the limitations and provisions					
									or similar federal		
apply. If	the	action is a civil rights			action	arising under	42	U.S.C.	§1983,			
statutes, payment for the full amount	of judgment may be made unless	the individual has been		
			The District agrees to		
dete1mined in the final judgment	to		have caused the haim intentionally.			
								paragraph;		
				of	any  claim  or  litigation	described  in  this			
pay  any	compromise  or	settlement							

2

provided,  however,  that the  District determines  such compromise  or  settlement to  be  in  the		
District's best interest.													
SECTION	7.  To  rebut  the  presumption  of the	automatic	payment	of	judgments  or		
provision	of legal	representation	pursuant  to  this  Resolution,	at	least  one	of	the  following		
									of Supervisors		
					decision	of the District's Board			
determinations shall be made by a unanimous					
											
participating and voting:													
A.	The  actions  of the  Indemnitee  were  outside  the  scope	of his  or  her  duties	and		
					
	authority; or													
B.	The  acts  or  omissions	of the Indemnitee  constituted		bad	faith,  malicious purpose,		
				exhibiting wanton and willful		
	intentional infliction of harm, or were done in a manner			
									
	disregard of human rights,	safety, or property; or									

C.

The Indemnitee received financial profit or advantage to which he or she was not

legally entitled.

SECTION 8.  To ensure the provision of legal representation pursuant	to this Resolution,		
			
the following must be met:						
A.  A  copy  of the  summons,	complaint,  notice,  demand  letter,  or  other  document  or		
		forth the substance of any claim or complaint,		
pleading in the action, or a letter setting			
must be  delivered to  the  District Chairman,  Vice  Chairman,  District Manager,  or		
District Counsel within fourteen (14) calendar days after actual	receipt of any such		
document  together  with  a	specific  request  in  writing  that  the  District  defend  or		
provide representation for the Indemnitee; and				

B.

The Indemnitee must cooperate continuously and fully with the District in the defense

of the action.

SECTION 9.	Any indemnification,	legal defense, or other protection provided pursuant		
							
to this representation shall not extend to:						
A.  Consulting	or  other	outside  professional  or  business  activities		for  which  the		
Indemnitee received financial or other material compensation, which are outside the		
scope of his or her District	duties and authority; and				
							
B.  Any independent contractor for whom defense or indemnification	is	not authorized		
pursuant to Section 1(b) of this Resolution,	unless the Board votes to authorize such		
					
indemnification, legal defense, or other protection; and				

C.

Any  fine,  penalty,  or  other  punishment  imposed  as	a  result	
criminal offense, and any legal fees and costs incuned to defend	
in which a conviction is obtained; and		

of conviction  for  a

criminal prosecution

3

D.

E.

Claims brought against the Indemnitee by the District's

Any indemnification or defense prohibited by law.

Board

of

Supervisors; and

SECTION 10. In the event legal representation	or		
			
Resolution, the Indemnitee may either:				
A.	Retain legal counsel appointed	by the District,		
					
	paid directly by the District; or				
B.	Retain legal counsel chosen by the Indemnitee,		
	the right to:				

defense

in which

in which

is provided pursuant to this

case legal counsel shall be

case the District shall have

1.

11.

111.

1v.

Approve, in advance, any agreement for legal fees or disbursements; and		
Pay all or part of the legal fees, costs, and other disbursements,	and to set a		
			
maximum for legal fees, costs, and other disbursements; and			
Direct the defense and settle or compromise the action or claim; and		
Reduce or offset any monies that may be payable by the District by any		
court costs or attorneys fees awarded	the Indemnitee.			

SECTION 11.

rights that would have

policy.

The benefits of the policy adopted in this Resolution been available to any third-party plaintiff or claimant

shall

in the

not enlarge the

absence of this

SECTION 12.	To the extent permitted	by law,		
				
heirs, personal representatives, and estate of the Board		

this policy shall inure to the

member and/or officer.

benefit

of

the

SECTION	13.  The  District  reserves	the  right  to  change,  modify,  or  withdraw  this		
					
Resolution in its sole discretion, except as to actions, demand or other claims based on acts or		
omissions  that  occurred  before  the  effective  change,  modification,  or  withdrawal	of  this		
			
Resolution.					

SECTION 14. This

below and shall apply to any

Resolution shall

acts or omissions

be effective as

occurring after

of

that

its adoption on the date listed

date.

[CONTINUED ON NEXT PAGE]

4

PASSED AND

ADOPTED

this

20th

day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/Assistant Secretary

Chairperson, Board

of

Supervisors

5

North

Community

Powerline Road
Development District

Resolution 2018-15,

Providing

for

the

Public's

Opportunity

to

be

Heard

Addressing

Public

Meetings

and

Public

Comment

Period

RESOLUTION 2018-15

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH

POWERLINE	ROAD	COMMUNITY	DEVELOPMENT	DISTRICT
PROVIDING	FOR  THE	PUBLIC'S	OPPORTUNITY  TO	BE	HEARD;
DESIGNATING	PUBLIC	COMMENT	PERIODS;	DESIGNATING	A

PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD;
ADDRESSING PUBLIC DECORUM; ADDRESSING EXCEPTIONS; AND

PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS,	the  North	Powerline  Road  Community		
		purpose government created and		
"District") is a local unit of special			
190, Florida Statutes, being situated in Polk County, Florida; and		

Development	District	(the

existing pursuant to Chapter

as

WHEREAS,

may be necessary

Chapter 190, Florida Statutes, authorizes		
for the conduct of District business;	and		

the District to adopt resolutions

		WHEREAS, Section 286.0114,	Florida Statutes, requires that members	of the public be		
						
a	given	reasonable opportunity to be heard on a proposition before a board or commission; and		
		WHEREAS,  Section  286.0114,	Florida  Statutes,  sets  forth  guidelines  for  rules  and		
	policies that govern the public's opportunity to be heard at a public meeting; and			
		WHEREAS, the District's Board of Supervisors (the "Board")	finds that it is in the best		
	interest	of the  District  to  adopt  by  resolution	a	policy  (the  "Public  Comment  Policy")  for		
								
	immediate use and application.								

NOW,   THEREFORE,	BE	IT	RESOLVED   BY   THE	
SUPERVISORS  OF  THE  NORTH  POWERLINE  ROAD	
DEVELOPMENT DISTRICT:			

BOARD	OF

COMMUNITY

SECTION  1.	DESIGNATING	PUBLIC  COMMENT  PERIODS.	The  District's		
					
					a  District  meeting  (the		
Chairperson,  his  or  her  designee,  or  such  other  person  conducting			
"Presiding Officer"), shall ensure that there is at least one period	of time (the "Public Comment		
Period") in the District's meeting agenda whereby the public	has an opportunity to be heard on		
						
propositions before the Board,	as follows:							

a)

An initial Public Comment Period shall be provided at the staii of		
meeting before consideration	of any propositions by the Board.	In the		
				
are propositions that come before the Board that are not listed on the		
Presiding Officer shall announce a Public Comment Period on such		
prior to the Board voting on the matter.			

each Board

event there
agenda, the

proposition

b)

Speakers shall
of personal or

be permitted to

general concern,

address any agenda item	or non-agenda	matter(s)		
				
during the initial Public Comment Period.			

1

c)

Individuals wishing to make a public comment are limited to three (3) minutes per

person.	Potential  speakers may  not assign his/her three (3)  minutes to  extend

another speaker's time.

	d)  The Presiding Officer may extend or reduce the time periods	set f01ih	herein in		
	order to facilitate orderly and efficient	District business; provided, however, that a		
	reasonable opp01iunity for public comment shall be provided consistent with the		
	requirements of Section 286.0114,	Florida Statutes.  The Presiding	Officer may		
			if	he or she		
	also elect to set and announce additional Public Comment	Periods				
									
	deems it appropriate.																				
	SECTION 2.	DESIGNATING	A PROCEDURE TO IDENTIFY INDIVIDUALS		
SEEKING TO BE HEARD.	Unless otherwise directed and declared by the Presiding Officer,		
individuals seeking to be heard on propositions before the Board shall identify themselves by a		
show of hands at the beginning	of each Public Comment Period, as	announced by the Presiding		
Officer.  Alternatively, in the event that public	attendance is high, and/or if	otherwise	in the best		
					
interests of the District in order	to facilitate	efficient and orderly District business, the Presiding		
Officer may require individuals		to	complete speaker cards that include	the individual's name,		
						position  on  the		
				they	wish	to  be  heard,  the  individual's			
address,  the  proposition  on  which						
							
										to	indicate the designation		
proposition (i.e., "for," "against,"	or "undecided"), and if appropriate,				
					or the individual's group.  In the event large groups		
of	a representative to	speak for the individual			
					Officer may require	each group  to  designate  a		
of	individuals  desire	to  speak,	the	Presiding					
					of	such group.  Any attorney	hired to represent an individual or		
representative to speak on behalf						
					of such  representation prior  to		
												
company's  interests  before the  Board  shall notify  the  Board			
									
providing any public comment.																			
	Sections 1 and 2 herein shall be deemed	to apply only to District Board	meetings, but the		
						
Presiding Officer of a District	workshop in his or her discretion may elect to apply such sections		
																				
to District workshops.																				

SECTION 3.	PUBLIC DECORUM.

public meetings and workshops:

The following policies govern public decorum at

a)

Each person  addressing  the  Board  shall  proceed to  the

speaking, and should state his or her name and address in
voice forrecordthe.public

place  assigned

an audible tone

for
of

b)

All remarks shall be addressed	to the Board as a body and not to any member		
		No person other than a Board Supervisor or		
thereof or to any staff member.			
District staff member shall be permitted to enter into any discussion with an		
individual speaker while he or she has the floor, without	the permission of the		
			
Presiding Officer.					

c)

Nothing  herein  shall  be  construed  to  prohibit	the  Presiding  Officer  from	
maintaining   orderly   conduct   and   proper	decorum	in	a	public	
meeting.  Speakers shall refrain from disruptive behavior,	and from making	

2

d)

vulgar or threatening remarks. Speakers shall refrain from launching personal		
attacks against any Board Supervisor, District staff member, or member	of the		
public. The Presiding Officer	shall have the discretion to remove	any speaker		

who disregards these policies from the meeting.						
In the case that any person	is declared out of	order by the Presiding	Officer		
						
and ordered expelled, and does not immediately leave the meeting facilities,		
the following steps may be taken:							
i.	The Presiding Officer may declare	a recess.						
								
ii.	The Presiding Officer may contact the local law enforcement authority.

iii.	In case the person does not remove himself or herself from the meeting,
the Presiding Officer may request that he or she be placed under arrest by		
local law enforcement authorities	for violation of Section 871.01,	Florida		

Statutes, or other applicable	law.				

SECTION 4.	EXCEPTIONS.	The Board recognizes  and may apply  all  applicable		
exceptions  to  Section  286.0114,	Florida  Statutes,	including	those  set  forth  in  Section		
					
286.0114(3), Florida Statutes,	and other applicable law.  Additionally, the Presiding Officer may		
alter the procedures set forth in this Public Comment Policy for public hearings and other special		
proceedings that may require a different procedure under Florida law.		

SECTION 5.  SEVERABILITY	.	If any provision of this Resolution		
				
or invalid, the other provisions shall remain in full force and effect.		

is

held

to

be

illegal

SECTION 6.	EFFECTIVE DA TE.	This Resolution

passage and shall remain in effect unless rescinded or repealed.

shall become effective upon its

PASSED AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

3

North

Community

Powerline Road

Development District

Adoption

Resolution 2018-16,		
of Records Retention	Policy;		

and

Providing

for

Severability

and

Effective Date

Hopping

Green

& Sams

Attorneys and Cou nselors

MEMORANDUM

TO:

North Powcrline Road Community Development District Board of Supervisors

FROM:

Hopping Green & Sams, P.A.

RE:

Public Records Retention

DATE:

June 20, 20 18

The purpose of this memorandum is to outline the District's responsibilities in relation to the retention and disposition of its public records ("Records Retention") and to present a choice between two different resolutions fo r the Board to codnsi er. Historically, most Districts have not engaged in the disposition of records a nd have si mply chosen to keep all records. However, current state law provides for the disposition of many records after a speci.fied period of time. In order to devise a Records Retention Po licy which makes sense, there are thtee primary sources for legal requirements that must be considered.

Overview of State Law Records Retention Reguirements

Florida Law sets forth a comprehensive scheme governing Records Retention. Section 257.36, Florida Statutes, entitled "Records and Information Management" creates the Division of Library and Information Services of lhe Department of State ("DUS") which is charged with the duty to set forth policies and rules regula ting Records Retention. To this end, DUS has adopted comprehensive rules and policies applicable to community development districts ("CDDs") which are set fo rtJ1 in Florida Administrative Code sections 1B-24.001 , 1B-24.003, l B-26.002 1, and lB-26.003 . DLIS adopts records retenhon schedules which provide the min imum amount of time that different public records must be kept before they ai'e disposed ("Schedules"). The Schedules typically applicable to community development districts are GS 1-SL (General Records Schedule for State and Local Government Agencies), GS3 (General Records Schedule for E lection Records), and OS 14 (General Records ScheduJe for Public Utilities). OS 1-SL and GS3 w ill apply lo every CDD, while 0S14 wi ll apply to just those CDDs operating water and sewer utilities. Bach of these U1ree schedules is forther broken down into categories of sim ilar documents.

Under Florida law, all documents of a particular	type must be retained for the minimum		
amount of time set forththein	applicable section of the Schedules.  In the event a district record		
exists  that  does  not fall  into  one  of the  specified  categories,  the  District	is  responsible	for		
				
requesting that an "Individual Records Schedule" be created by DLIS.						
Florida law allows CDDs to adopt policies that extend the amount of	time a record must		
be kept.  However, CDDs do not have the power to shorten the time periods in the Schedules.			
Overview of Federal Law Records Retention	Requirements						
							
	by Virtue of Tax-Exempt Bond Issuance						
If a District has issued tax exempt bonds, there are various requirements		imposed by		
		in any way		
federal law relating to Records Retention.	The general principle is that documents			
		of the bond		
related to the issuance of tax-exempt bonds, revenues securing bonds, and the use				
proceeds should be kept until at least three (3) years after bonds are redeemed.	If refunding		
bonds are issued, records for the refunding bonds and the bonds refunded should be kept until at		
least 3 years after the refunding bonds are redeemed.  The records which must be kept include,		
but are not limited to:										

1.

2.

3.

4.

5.

Basic  records  relating to  the  bond transaction (including the  trnst indenture,  loan		
agreements, and bond counsel opinion); and					
Documentation evidencing the expenditure	of bond proceeds; and			
			property  by  public  and  private		
Documentation  evidencing  use	of	bond-financed			
				and		
contracts			and research agreements);			
sources (i.e., copies of management							
Documentation evidencing all sources of payment or security for the bonds, such as		
assessments; and		investment	of	bond  proceeds  (including  the		
Documentation  pertaining  to  any					
			yield calculations for each class		
purchase and sale of securities, SLGs subscriptions,			
				
of investments, actual investment income received from the investment of proceeds,		
guaranteedcontracts, investment					.			
	and rebate calculations)			

Overview of Trust Indenture Requirements	to		
			
Most, if not all, trust indentures require CDDs that have		
which demonstrate that the District has not taken any action to		
of the bonds.			

Retain Records

issued bonds to maintain records

jeopardize the tax-exempt status

CmTent

Responsibilities for District Records Retention

Section 119.021(2)(b), Florida Statutes, provides that the District must comply with the		
DLIS  rules  establishing  retention  schedules  and  disposal  processes.	Section	119 .021 (2)( c),		
	dispose	of records no		
Florida Statutes, provides that each public official shall  systematically				
longer needed, subject to the consent of DLIS.  As such, the District needs to formally	appoint a		

2

Records Management Liaison Officer to interact with		
Officer	and outline such		
Records Management Liaison				
District Options for Records		
At this  point  in time,  the  District	really  has		
			
applicable Records Retention laws.				

DLIS.	The attached resolutions appoint a

person's duties.

Retention Policy

two  options to  ensure  compliance  with

First, a District can adopt the Florida Records Retention Schedules modified to ensure the		
District is also retaining the records required by federal law and an anticipated trust indenture.		
This option allows for the timely	destruction of records while ensuring	that the District's policy		
					
is in compliance with state and federal laws.  HGS has prepared a resolution that implements this		
option, and it is attached hereto	as	Option A.								
												
Second,  a District can  adopt the  Florida Records  Retention  Schedules  as  written  and		
adopt a policy that states that the District will not be destroying any records at this point in time.		
While this	seems  like the easiest approach,  it has	its  drawbacks  and is inconsistent with the		
structure intended by Florida	law.	Not disposing of documents	in a timely manner increases the		
								
	thereby  shifting  valuable  financial  resources  away  from  core		
cost  of maintaining  records			
functions.	In addition, unnecessary Records Retention may disadvantage  a District in future		
litigation  and  may  be  viewed	as  a	lackadaisical	approach	to  records  management	thereby		
						Retention system.	Despite		
			in the integrity of the Records				
unde1mining the public's confidence					
						
these concerns, the District could choose to keep all records.  HGS has prepared a resolution that		
implements this option, and it is attached	hereto as Option B.							

It is important to note

date so long as the District's

found in Chapter 190 and the

that the District could changeRetentionitsRecords

amendment was consistent with the notice

District's Rules of Procedure.

policy at a later

and hearing provisions

			Electronic Recordkeeping							
Electronic recordkeeping is one	of the many subjects	under consideration by the Florida		
Legislature and our office will circulate an update on any legislative developments that occur.		
Presently,  electronic  recordkeeping  is  authorized  by Rule  IB-26.003,  Florida Administrative		
Code, which provides control standards relating to the same.  The DLIS recently released the		
"Electronic Recordkeeping Strategic Plan," which focuses on recording strategies as they relate		
to  electronic	records.   The  Strategic  Plan,  as  well  as	a  multitude	of	resources  for	records		
			the	following	address:		
managers,	is	made   available	for	review	by	DLIS	at					
http://dlis.dos.state.fl.us/index_RecordsManagers.cfm.								

OPTION

A

	RESOLUTION 2018-16	
A RESOLUTION OF THE BOARD OF SUPERVISORS OF	
THE    NORTH    POWERLINEROADCOMMUNITY	
DEVELOPMENT   DISTRICT   PROVIDING   FOR   THE	
APPOINTMENT    OF	A	RECORDS   MANAGEMENT	
LIAISON OFFICER;  PROVIDING  THE  DUTIES  OF THE	
RECORDS	MANAGEMENTLIAISONOFFICER;	
ADOPTING	A  RECORDS  RETENTION  POLICY;  AND	
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE	
DATE.				

WHEREAS,  the  North	Powerline  Road  Community		
	purpose government created and		
"District") is a local unit of special			
190, Florida Statutes, being situated in Polk County, Florida; and		

Development	District	(the

existing pursuant to Chapter

	WHEREAS,  Chapter	190,  Florida	Statutes,	authorizes  the	District	to  adopt  rules  to		
									
						may be necessary for the		
	govern the administration	of	the District and to adopt resolutions as			
			and													
	conduct of District business;														
																
	WHEREAS, Section 257.36(5),		Florida Statutes, requires the District to establish and		
						economical  and efficient management	of		
	maintain an active  and continuing program for  the				
					
	records  and  to  provide  for  the  appointment	of a	records  management	liaison  officer  (the		

	"Records Management Liaison Officer"); and									
	WHEREAS, the District desires	for the Records Management Liaison Officer to be an		
	employee of the District or an employee	of the District Manager; and							
	WHEREAS, the District desires		to authorize the District's records custodian to appoint a		
	Records Management Liaison Officer, which may or may not be the District's records custodian;		
	and																	
	WHEREAS, the District desires to prescribe duties of the Records	Management Liaison		
						
	Officer and provide for the assignment	of additional duties; and							
														
	WHEREAS, the District's Board of Supervisors (the "Board")	finds that it is in the best		
	interests  of	the District to	adopt by resolution	a Records Retention Policy (the "Policy") for		
												
use	immediate	and application; and													

WHEREAS,

Retention Policy.

the	District	desires

to

provide	for	future	amendment

of

the	Records

1

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD		
OF SUPERVISORS OF THE NORTH POWERLINE ROAD		
COMMUNITY DEVELOPMENT DISTRICT:				
SECTION 1.  The District hereby authorizes	the District's records custodian to appoint a		
		to the appropriate State of		
Records Management Liaison Officer and report such appointment			
		of the District or		
Florida agencies.  A Records Management Liaison Officer shall be an employee			
the  District Manager.   The  Board,  and the  District's  records  custodian,  shall  each have  the		
individual power to remove the Records Management Liaison Officer at any time for any reason.		
Immediately following the removal or resignation	of a Records Management Liaison Officer, the		
District's records custodian shall appoint a replacement Records Management Liaison Officer.		

SECTION

following:

2.

The duties

of

the Records Management Liaison Officer shall include the

A.

B.

C.

D.

E.

F.

G.

H.

I.

serve as the District's contact with the Florida Department	of State, State Library		
			
and Archives of Florida; and			
coordinate the District's records inventory; and			
maintain records retention and disposition forms; and			
coordinate District records management training; and			
develop  records  management procedures  consistent with the  attached  Records		
Retention Policy, as amended; and			
participate in the development of the District's development of electronic record		
keeping systems; and			
submit annual compliance statements; and			
work with the Florida Department of State, State Library and Archives of Florida		
to establish individual retention schedules for the District, from time to time and		
as may be necessary; and			
such other  duties  as  may  be  assigned  by  the  Board  or  the  District's  records		
custodian in the future.			

SECTION 3.	The District hereby adopts as its Records Retention	Policy the applicable		
				
provisions of Section 257.36(5), Florida Statutes, the rules adopted by the Division of Library		
and Information Services of the Department	of State (the "Division") pursuant257.36,to Section		
Florida Statutes, and the General Records Schedules established by the Division as set forth in		
Composite Exhibit A, attached hereto and incorporated	herein.  However, the District will retain		
certain  records  longer  than  required  by  the  General  Records  Schedules  established  by  the		
Division as set forth in Exhibit B, attached	hereto and incorporated herein by reference. To the		
extent the  above  statute,  rules  or  schedules  are  amended  or supplemented in the  future,  the		
District's  Records  Retention  Policy  shall  automatically  incorporate  such  amendment  or		
supplement provided that such automatic amendment shall not reduce the retention times  set		
forth in Exhibit A.  The Records Retention Policy shall remain in full force and effect until such		
time as the Board amends the Policy.					

2

SECTION 4.	If any provision of this resolution	is held to be illegal or invalid, the other		
				
provisions shall remain in full force and effect.			

SECTION 5.  This resolution

effect unless rescinded or repealed.

shall become effective upon its passage and shall remain in

PASSED AND

ADOPTED

THIS

20TH

DAY

OF JUNE, 2018.

ATTEST:

NORTH POWERLINE ROAD COMMUNITY

DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

Composite Exhibit

Exhibit B:

A:

General Records Schedules,

District Amendments to the

GS 1-SL and GS3

General Records Schedule

3

Exhibit

A

General

Records

Schedules Established by

the

Division (GSl-SL

and

GS3)

Exhibit B						
District Amendments to the General RecordsbySchedules Established	the Division		
The requirements of GS 1-SL are extended	as follows:					
								
ADVERTISEMENTS: LEGAL (Item #25)								
The District shall retain mailed and published legal advertisements, and conesponding		
affidavits, relating to proceedings under uniform method	of collection of debt		
assessments permanently.  The District shall retain mailed and published legal		
advertisements, and c01responding affidavits,	relating to the levy of assessments securing		
							
bonds for five (5) fiscal years provided applicable audits have been released, or until		
three (3) calendar yearsbondsafter related		are redeemed,	whichever is later.			
						
AUDITS: INDEPENDENT (Item #56)					audits for ten (10) fiscal years or		
The District shall retain the record copy of	independent			
						
until three (3) calendar years after all related bonds are redeemed, whichever is later.		
DISBURSEMENT RECORDS:  DETAIL (Item #340)					
The District shall retain the record copy of	disbursement records relating to the use of		
bonds for five (5) fiscal years provided applicable audits have been released or until three		
(3) calendar years after related bonds are redeemed,	whichever is later.			
						
DISBURSEMENT RECORDS:  SUMMARY (Item #341)			
The District shall retain the record copy of	disbursement records relating to the use of		
bonds for ten (10) fiscal years provided applicable audits have been released or until three		
(3) calendar years after related bonds are redeemed, whichever is later.			
FINANCIAL REPORTS:  COMPREHENSIVE ANNUAL (LOCAL GOVERNMENT)		
(Item #317)		disbursement records relating to the use of		
The District shall retain the record copy of			
bonds for ten (10) fiscal years provided	applicable audits have been released or until three		
					whichever is later.			
(3) calendar years after all related bonds are redeemed,				

INCIDENT REPORT FILES (Item #241)			
The Districtincidentshallretain	years	anniversary		
	reports for five (5)			
the incident.				

from the date

of

MINUTES:  OFFICIAL MEETINGS	(PRELIMINARY/AUDIO RECORDINGSNIDEO		
				
RECORDINGS (Item #4)		of board of supervisor meetings for five (5)		
The District shall retain audio recordings			
			
calendar years after adoption of the official minutes.		
PROJECT FILES:  CAPITAL IMPROVEMENT (Item #136)		
The District shall retain the record copy of project files for projects funded with bonds for		
ten (10) fiscal years after completion	of the project provided applicable audits have been		

1

released or until three (3) calendar years after all related bonds are redeemed, whichever		
is later.					
REAL PROPERTY RECORDS:  CONDEMNATION/DEMOLITION (Item #364)		
The District shall retain the record copyfiles of project	for condemnation/demolition		
				
projects funded with bonds for five (5) anniversary years after final action or until three		
(3) calendar years afterbondsall related	are redeemed, whichever is later.  The record		
copy of deeds and easements shall be kept permanently.			
REAL PROPERTY RECORDS:  PROPERTY ACQUIRED (Item #172)		
The District shall retain the record copy of documents	related to prope1iy acquisitions		
		of the prope1iy		
funded with bonds for three (3) fiscal years after final disposition			
			
provided applicable audits have been released or until three (3) calendar years after all		
related bonds are redeemed, whichever	is later.  The record copy	of deeds and easements		
					
shall be kept permanently.					

2

OPTIONB

		RESOLUTION 2018-16		
A	RESOLUTION	OF	THEBOARD	OF	
SUPERVISORS   OF   THE   NORTH   POWERLINE	
ROAD  COMMUNITY  DEVELOPMENT  DISTRICT	
PROVIDING   FOR  THE   APPOINTMENT   OF  A	
RECORDS  MANAGEMENT	LIAISON  OFFICER;	
PROVIDING  THE  DUTIES  OF  THE  RECORDS	
MANAGEMENT LIAISON OFFICER; ADOPTING A	
RECORDS	RETENTION	POLICY;	AND	
PROVIDING	FOR	SEVERABILITY	AND	
EFFECTIVE DATE.								
WHEREAS, the North Powerline Road Community Development District (the		
"District") is a local unit of special purpose government	created and existing pursuant to		
					
Chapter 190, Florida Statutes, being situated in Polk County, Florida; and			
WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt rules		
to govern the administration of	the District and to adopt resolutions as may be necessary		
for the conduct of District business;	and								
									
WHEREAS, Section 257.36(5), Florida Statutes,	requires the District to establish		
					
and  maintain  an  active  and  continuing  program  for  the  economical  and  efficient		
management of records  and to	provide for the  appointment of a records management		
liaison officer (the "Records Management Liaison Officer"); and			
WHEREAS, the District desires for the Records	Management Liaison Officer to		
					
be an employee of the District or an employee of the District Manager; and			
WHEREAS, the District desires to authorize	the District's records custodian to		
						
appoint a Records Management Liaison Officer, which may or may not be the District's		
records custodian; and										
WHEREAS, the District desires to prescribe	duties of	the Records Management		
						
Liaison Officer and provide for the assignment	of	additional duties; and			
								
WHEREAS, the District's Board of Supervisors (the "Board") finds that it is in		
the best interests of the District to	adopt by resolution	a Records Retention Policy (the		
						
"Policy") for immediate use and application; and							
WHEREAS, the District desires to provide for future amendment	of the Records		
			
Retention Policy.										
NOW,  THEREFORE,  BE  IT  RESOLVED  BY  THE			
BOARD   OF   SUPERVISORS	OF   THE	NORTH			
POWERLINE		ROAD			COMMUNITY			
									
DEVELOPMENT DISTRICT:							

1

SECTION 1.  The District	hereby authorizes the District's	records custodian to		
				
			report	such  appointment  to  the		
appoint  a Records  Management  Liaison  Officer  and				
appropriate State of Florida	agencies.  A Records Management Liaison Officer shall be		
		or  the  District Manager.	The  Board,  and  the  District's		
an employee  of the  District				
				power	to  remove  the  Records		
records  custodian,  shall  each  have  the  individual				
Management Liaison Officer at  any time for  any reason.   Immediately  following  the		
removal or resignation of a Records	Management Liaison Officer, the District's records		
custodian shall appoint a replacement Records Management Liaison Officer.		

SECTION  2.

include the following:

The  duties

of

the  Records  Management  Liaison  Officer  shall

A.

B.

C.

D.

E.

F.

G.

H.

I.

serve  as the  District's  contact	with the  Florida Department	of State,  State		
						
		and						
Library and Archives of Florida;								
									
coordinate the District's records inventory; and					
maintain records retention and disposition forms; and					
coordinate District records management training; and					
develop records management procedures consistent with the attached Records		
Retention Policy,	as amended;	and				of electronic		
				of	the	District's  development			
participate  in  the	development							
										
record keeping systems; and										
submit annual compliance statements; and			of		
work with the  Florida Department	of	State,  State Library  and Archives			
					
Florida to establish individual	retention schedules for the District, from time		
			and						
to time and as may be necessary;							
such other duties as may be assigned by the Board or the District's records		
custodian in the future.										

SECTION 3.	The  District hereby adopts	as	its	Records	Retention Policy the		
applicable provisions	of Section	257.36(5),  Florida Statutes, the rules  adopted by the		
									of	State (the "Division")		
Division	of Library and Information Services of the Department				
pursuant	to	Section	257.36,	Florida  Statutes,  and  the  General  Records  Schedules		
established by the Division as set forth in Composite Exhibit A, attached hereto and		
incorporated	herein.	However,		the  District  hereby	extends	the  minimum  retention		
guidelines contained in the General	Records Schedules so	that the District	will retain all		
				amends the		
	business until the Board	of	Supervisors			
public records relating	to	District							
									
						the same.	To the extent the above		
Records Retention Policy	to address the disposition of				
statute,  rules,  or schedules  are  amended or supplemented in the  future,  the  District's		
Records Retention Policy shall automatically incorporate such amendment or supplement		
provided	that  such automatic  amendment  does  not	pe1mit	the  disposition	of District		
records without further action	of	the Board.  The Records	Retention Policy shall remain		
										
					amends the Policy.				
in full force and effect until such time as the Board					

SECTION 4.	If

the other provisions shall

any provision of this resolution	is held		
			
remain in full force and effect.			

to

be illegal or invalid,

SECTION 5.  This resolution shall become	effective upon its passage and shall		
			
remain in effect unless rescinded or repealed.			

2

PASSED AND ADOPTED THIS 20TH DAY OF JUNE, 2018.

ATTEST:

Secretary/Assistant Secretary

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT

DISTRICT

Chairperson, Board of Supervisors

3

Exhibit

A

General Records

Schedules

Established

by

the

Division

(GSl-SL

and

GS3)

North

Community

Powerline Road

Development District

Adoption

Resolution 2018-17,

of Travel Reimbursement

Policy

RESOLUTION 2018-17				
A  RESOLUTION  OF  THE  BOARD  OF  SUPERVISORS  OF  THE  NORTH			
POWERLINE ROAD  COMMUNITY DEVELOPMENT DISTRICT ADOPTING			
A POLICY FOR REIMBURSEMENT OF DISTRICT TRAVEL EXPENSES; AND			
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.			
WHEREAS, the N01ih Powerline Road Community	Development District (the "District")	is a		

local unit of special purpose government	created and existing pursuant to Chapter 190, Florida Statutes,		
							
being situated in Polk County, Florida; and						
WHEREAS, Chapter 190, Florida Statutes, authorizes	the District to adopt resolutions as may be		
					
necessary for the conduct of district business;	and					
						
WHEREAS, Section 112.061, Florida Statutes, establishes	standard travel reimbursement rates,		
procedures  and  limitations applicable to all public  officers,  employees, and authorized persons whose		
travel is authorized and paid for by a public agency; and					

WHEREAS,	the	District

Expenses  attached  as  Exhibit A

Section 112.061, Florida Statutes;

desires	to

(the  "Travel

and

adopt	a	Policy

Reimbursement

for	Reimbursement

Policy")  pursuant to

of District  Travel the  provisions  of

WHEREAS, the Board finds that it

Travel Reimbursement Policy for immediate

is in the best interest

use and application.

of

the District to

adopt

by

resolution the

NOW, THEREFORE, BE IT RESOLVED	BY THE BOARD OF SUPERVISORS		
			
OF  THE   NORTH  POWERLINE   ROAD   COMMUNITY  DEVELOPMENT		
DISTRICT:			

SECTION

Exhibit A.

1.

The District hereby adopts the Travel Reimbursement Policy, attached hereto as

be

SECTION

illegal or invalid,

2.	If any

the other

provision

provisions

of this Resolution or the shall remain in full force

Travel Reimbursement Policy

and effect.

is

held to

SECTION 3.

effect unless rescinded

This  Resolution  shall  become  effective  upon  its  passage  and  shall  remain  m

or repealed.

PASSED AND

ADOPTED

this 20th

day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD COMMUNITY	
	DEVELOPMENT DISTRICT	

Secretaiy/Assistant Secretaiy

Chairperson,

Board

of

Supervisors

Exhibit

A:

Travel Reimbursement Policy

1.0

EXHIBIT A

NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT			
POLICY FOR REIMBURSEMENT	OF DISTRICT TRAVEL EXPENSES			
							
GENERAL PROVISIONS.								
1.1	The usual,  ordinary,  and  incidental	travel  expenditures necessarily  incurred by		
							
	District board members,  employees, consultants, or advisors in the performance		
	of  their  official  duties  shall  be  reimbursed  by  the  Nmih  Powerline  Road		
	Community Development District (the "District").			
1.2	Except as otherwise provided,	prior authorization for travel is not required, but		
							in  the		
	reimbursable	expenses  will  be  limited  to  those  expenses  incurred			
	performance	of official duties undertaken	in connection with such public purposes		
							
	as the District has been authorized by law to perform.			
1.3	All  claims  submitted  for  reimbursement	must  be  accompanied  by  a	written		
					
	statement that they are true and correct as to every material matter.			

2.0

TRANSPORTATION.												
2.1	All travel must be by a reasonably	direct or usually traveled route.  In the event a		
										
	person travels by an indirect route for his/her own convenience, any additional		
	cost shall be borne by the traveler and reimbursement for expenses shall be based		
	on therouteusually.	traveled											
2.2	Commercial travel shall be by the most economical	method, tourist or coach class.		
							
	First class rates will be paid only in the event that a statement is attached to the		
	claim ce1iifying that tourist or coach seating was unavailable.				
2.3	When available without penalty for cancellation,	travelers should take advantage		
								
	of discount fares.											
2.4	Transpmiation by common	carrier when traveling on official business and paid		
												
	for by the traveler shall be substantiated by a receipt.					
2.5	Rental car expenses shall be substantiated by a copy of the rental agreement.			
2.6	Whenever travel is by a privately	-owned vehicle, the traveler shall be entitled to a		
							by the Legislature in		
	mileage allowance at the fixed rate per mile as established			
		Florida	increase	the		
	Section  112.061,  Florida  Statutes.	Should  the  State  of					
							
	mileage  allowance  specified  in  Section  112.061,	Florida	Statutes,	the  District		
							
	shall, without further action, be pe1mitted to reimburse travelers at the increased		
	rate. As of July 2016, the mileage rate is 44.5 cents per mile.					

3.0

2. 7	All mileage shall be from point of	origin	to	point of destination.	When travel		
					headquarters,		
	commences  from  a  location  other		than		the	traveler's	official			
	mileage shall be calculated on the basis	of	the distance from the headquarters	city		
							
	to the point of destination, unless the actual distance is shorter.	Vicinity mileage		
					as a		
	necessary for conduct of official business	is allowable, but must be identified			
						
					of	expenses.										
	separate item on the claim for reimbursement												
														
2.8	No traveler shall be allowed either mileage or transportation	expense when he/she		
								by		
	is gratuitously transported by another person,  or when he/she is transported			
				
	another traveler who is entitled to mileage or transportation expense.  However, a		
	traveler on a private aircraft shall be reimbursed the actual amount charged and		
	paid for his/her fare for such transportation	up to the cost	of a commercial airline		
											of	the		
	ticket for the same flight if one is available, even though the owner or pilot				
	aircraft is also entitled to transportation expense for the same flight.						
INCIDENTAL EXPENSES.																				
3.1	Reasonable travel-related expenses	for meals, lodging, gratuities, taxi fares, tolls,		
		telephone,	telegraph,	and		facsimile  charges		
	parking  fees,  and  business-related							
	shall also be reimbursed if substantiated	by receipts.											
																		
3.2	Reimbursement for meals shall not exceed	$6	for breakfast,	$11  for lunch, and		
	$19 for dinner.  Should the State of	Florida increasemealthe		allowances specified		
												
	in Section 112.061, Florida Statutes,	the District shall, without further action, be		
																			
	permitted to reimburse travelers based on the increased limits.								
3.3	Registration  fees  and  other  actual  and  necessary	expenses  for	conventions,		
					purpose related to		
	conferences,  and  seminars  which will	serve  a	direct public			
	District  activities  will  be  considered	reimbursable	if persons  attending		such		

	meetings receive prior approval.  In the event room or meal expenses are included		
	in  the  registration  fee,  reimbursement  for  these  expenses  will  be  reduced		
	according Iy.																				

North

Community

Powerline Road

Development District

Adoption

Resolution 2018-18,		
of Prompt Payment	Act		
			
Procedures			

Policies

and

RESOLUTION 2018-18

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH

POWERLINE	ROAD	COMMUNITY	DEVELOPMENT	DISTRICT
ADOPTING	PROMPT	PAYMENT	POLICIES	AND	PROCEDURES

PURSUANT TO CHAPTER 218, FLORIDA STATUTES; PROVIDING A

SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

	WHEREAS,	the  No1ih  Powerline	Road	Community		
					and		
		created					
"District") is a local unit of special-purpose government			
190,	Florida Statutes, being situated in Polk County, Florida; and		

Development	District	(the

existing pursuant to Chapter

WHEREAS,

contractors providing

Chapter 218,

certain goods

Florida  Statutes,

and/or services to

requires  timely payment to  vendors  and

the District; and

that

and

WHEREAS, the Board of Supervisors	of the District (the "Board") accordingly	finds		
				
it is in the best interest of the District to establish	by resolution the Prompt Payment Policies		
		use and application.			
Procedures attached hereto as Exhibit A for immediate				

NOW, THEREFORE, BE IT RESOLVED	BY THE BOARD				
					
OF SUPERVISORS OF THE NORTH POWERLINE ROAD				
COMMUNITY DEVELOPMENT DISTRICT:				
SECTION 1.  The Prompt Payment Policies and Procedures attached hereto as Exhibit		
A  are  hereby  adopted  pursuant  to  this  Resolution  as  necessary  for  the  conduct	of District		
businessPayment.ThePrompt	Policies and Procedures shall remain in full force and effect until		
such time as the Board may amend them; provided, however, that as the provisions of Chapter		
218, Florida Statutes,	are amended	from time to time, the attached Prompt Payment Policies and		
				of	law without		
Procedures shall automatically be amended to incorporate the new requirements				
				
any further action by the Board.						

SECTION 2.	If any provision of this Resolution is held to be illegal or		
provisions shall remain in full force and effect.			
SECTION 3.	This Resolution shall become effective	upon its passage		
				
	.			
in effect unless rescindedrepealedor			

invalid, the other

and shall remain

PASSED AND

ADOPTED

THIS

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD COMMUNITY	
	DEVELOPMENT DISTRICT	

Secretary/Assistant Secretary

Chairman,

Board

of

Supervisors

Exhibit

A:

Prompt Payment Policies and Procedures

NORTH POWERLINE

ROAD

COMMUNITY

DEVELOPMENT DISTRICT

Prompt Payment Policies and Procedures

In

Accordance With the Local Government Chapter 218, Part VII, Florida

Prompt Payment
Statutes

Act

June

20, 2018

I.

II.

III.

IV.

North Powerline Road Community Development District			
	Prompt Payment Policies and Procedures			
			Table of	Contents			
Purpose ..	..........................	....... ........ ........... ..........	.......... ....... .. .................................. ....... .....................	1		
Scope  ...................................................................................................................................................							1		
										
Definitions  . .. ... . ... .. .. ... . ... .. .. ... . ... . .. ... .. .. ... . ... .. .. ... . .. .. .. .. .. . .. .. . .. .. .. .. .. .. ... .. .. .. .. .. .. . .. ... . ... .. .. ... .. .. .. .. .. .. .. ... .. .. .	1		
A.	Agent   .................................................................................................................................						1		
								1		
B.	Construction Services  .........................................................................................................								
C.	Contractor or Provider of Construction Services  . ... . .. .. .. ... .. .. .. .. . ... . .. ... . ... .. ... .. .. .. .. .. .. .. ... . .. ...	1		
D.	Date Stamped							1		
	......................................................................................................................						2		
E.	Improper Invoice								
	.................................................................................................................	..................................................................................................	2		
F.	Improper Payment Request				
			2		
				.................................................................................			
G.	Non-Construction Goods and Services				
					2		
InvoiceProperH.	.....................................................................................................................			
		2		
I.	Proper Payment Request								
	.....................................................................................................					2		
J.	Provider  ...............................................................................................................................								
								2		
K.	Purchase  ..............................................................................................................................								
								2		
L.	Vendor  ................................................................................................................................								
										
Proper Invoice/Payment Request Requirements	..................................................................................			3		
A.	General  ................................................................................................................................						3		
								3		
B.	Sales Tax  .............................................................................................................................								
							Numbers  ...........................................................	3		
C.	Federal Identification and Social Security				
D.	Proper Invoice for Non-Construction	Goods and Services  .................................................	3		
				for Construction Services	4		
E.	Proper Payment Request Requirements	......................................			

V.

VI.

VII.

VIII.

IX.

X.

Submission oflnvoices and Payment Requests	4

Calculation of Payment Due Date	5
A.	Non-Construction Goods and Services Invoices	5
B.	Payment Requests for Construction Services	6

Resolution of Disputes	7

A.	Dispute Between the District and a Contractor	7
B.	Dispute Resolution Procedures	7

Purchases Involving Federal Funds or Bond Funds	8

Requirements for Construction Services Contracts	Project Completion; Retainage	8

Late Payment Interest Charges	9

A.	Related to Non-Construction Goods and Services	9
B.	Related to Construction Services	9
C.	Report of Interest	9

I.

Purpose				Prompt Payment Act (Chapter 218, Part VII,		
In accordance with the Local Government			
		the  N 01ih  Powerline  Road  Community		
Florida  Statutes)  ("PP A"),  the  purpose	of			
								
Development District ("District") Prompt Payment Policies and Procedures ("Policies &		
Procedures") is to provide a specific policy to ensure timely payment to Vendors and		
Contractors (both hereinafter defined) providing goods and/or services to the District		
and ensure the timely receipt by the District	of goods and/or services	contemplated at		
				
the  time  of contracting.   Please  note  that the  PP A,  like  any  statute  or  law,  may  be		
amended from time to time by legislative action.  These Policies & Procedures are based		
on  the  statutory  requirements	as  of	the  date  identified  on  the  cover  page  of this		
document.	By this reference,	as applicable	statutory provisions subsequently change,		
					be  amended to  incorporate  the  new		
these  Policies  &  Procedures  shall  automatically			
	are adopted by the District to provide		
requirements of law.  These Policies & Procedures			
					
guidance in contracting matters.  Failure by the District to comply with these Policies &		
Procedures shall not expand the rights or remedies	of any Provider (hereinafter defined)		
					
against the District under the PP A.	Nothing	contained herein shall be  interpreted as		
				for in the PP A.			
more restrictive on the District than what is provided				

II.	Scope				all  operations	of  the  District,  including		
	These	Policies	&	Procedures  apply  to				
								
	Construction Services and Non-Construction Goods and Services, as applicable.		
III.	Definitions								
	A.	Agent								
		The District-contracted architect, District-contracted engineer, District Manager,		
		or other person,  acting  on behalf of the  District,	which  is  required  by  law or		
						
		contract  to  review  invoices  or  payment  requests  from  Providers  (hereinafter		
		defined).	Such  individuals/entities	must  be  identified  in  accordance  with		
		§218.735	(1),	Fla. Stat., and further identified	in the relevant agreement between		
									
		the District and the Provider.						

B.

C.

D.

Construction Services								
All labor,  services, and materials provided in connection with the construction,		
alteration,  repair,  demolition,  reconstruction,  or  other  improvement  to	real		
property that require a license under parts I and II of Chapter 489, Fla. Stat.			
Contractor or Provider of Construction	Services					
								
The  entity  or  individual  that  provides  Construction  Services  through  direct		
contract with the District.								
Date Stamped			request received	by the  District		
Each original  and  revised  invoice  or payment				
		date	stamp  or	other		
shall  be  marked  electronically  or  manually,	by  use  of a					
							
method, which date marking clearly indicates the date such invoice or payment		
request is first delivered to the District through its Agent.	In the event that the		

1

E.

F.

G.

H.

I.

J.

K.

L.

Agent receives an invoice	or payment request, but fails	to timely	or physically		
						
						"Date Stamped" shall mean the date of		
mark on the document the date received,			
								
actual receipt by the Agent.													
Improper Invoice			to the requirements of	a Proper	Invoice.			
An invoice that does not conform							

Improper Payment Request												
A request for payment for Construction Services that does  not conform to the		
requirements of a Proper Payment	Request.							
										
Non-Construction Goods and Services								
All  labor,  services,  goods  and materials provided in connection with anything		
other than  construction,  alteration,  repair,  demolition,  reconstruction,  or  other		
improvements to real property.												
Proper Invoice							all requirements	of these		
An invoice that conforms to all statutory requirements,				
Policies and Procedures not expressly waived by the District and any additional		
requirements included in the agreement for goods and/or services for which the		
invoice is submitted not expressly waived by the District.						
Proper Payment Request													
A request for payment for Construction Services which conforms to all statutory		
requirements,  all  requirements	of	these  Policies  &  Procedures	not  expressly		
				in  the		
waived  by  the  District  and  any  additional  requirements  included			
Construction Services agreement for which the Payment Request is submitted not		
expressly waived by the District.												
Provider			or Provider of Construction Services, as	defined		
Includes any Vendor, Contractor					
												
herein.													
Purchase				services, or Construction Services; the purchase		
The purchase of goods, materials,				
				of real property	by the District.			
or lease of personal property; or the lease					
							
Vendor													
Any person or entity that sells goods or services, sells or leases personal property,		
or  leases  real  property  directly		to  the  District,  not	including	Construction		

Services.													

2

IV.	Proper Invoice/Payment Request Requirements	

A.	General
	Prior to Provider receiving payment	from the District, Non-Construction Goods		
			as  applicable,  shall  be  received  and		
	and  Services  and  Construction  Services,			
					
	performed in accordance with contractual or other specifications or requirements		
	to  the  satisfaction  of the  District.  Provision  or  delivery  of Non-Construction		
	Goods and Services to the District does not constitute acceptance for the purpose		
	of payment.  Final acceptance and authorization of payment shall be made only		
	after delivery and inspection by the Agent and the Agent's confirmation that the		
	Non-Construction Goods  and  Services  or  Construction  Services meet contract		
	specifications and conditions.  Should the Non-Construction Goods and Services		
	or Construction Services differ in any respect from the specifications, payment		
	may be withheld until such time as the Provider takes necessary corrective action.		
	Certain limited exceptions which require payment in advance are permitted when		
	authorized by the District Board of Supervisors	("Board") or when provided for in		
				
	the applicable agreement.					
B.	Sales Tax					
	Providers should not include sales tax on any invoice or payment request.  The		
	District's cunent tax-exempt number is ________.  A copy of the tax-		
	exempt form will be supplied to Providers	upon request.		

C.	Federal Identification and Social Security Numbers Providers are paid using either a Federal Identification Number
Number.   To  receive  payment,  Providers  should  supply  the		
conect number as well as a proper Internal Revenue	Service		
			
District Manager shall treat inf01mation provided in accordance		

or Social Security	
District with	the	
W-9 Fo1m.	The	
with Florida law.	

Providers  should  notify  the  District  Manager  when  changes	in  data  occur	
(telephone (407) 382-3256, email janeg@fishkind.com, Fax (407)	382-3254).	

D.	Proper Invoice for Non-Construction Goods and Services
All  Non-Construction  Goods  and  Services  invoiced  must  be  supplied  or		
perfo1med  in  accordance	with  the  applicable  purchase  order  (including  any		
bid/proposal  provided,  if	applicable)	or  agreement and  such Non-Construction		
					
Goods and Services quantity and quality must be equal to or better than what is		
required by such terms.  Unless otherwise specified in the applicable agreement,		
invoices should contain all of the following	minimum information in order to be		
			
considered a Proper Invoice:				

1.

2.

3.

4.

5.

Name of Vendor
Remittance address

Invoice Date
Invoice number

The "Bill To" pmiy must be the District or the Board, or other entity approved

3

V.

	in writing by	the Board of the District Manager							
6.	Project name	(if applicable)	required in Section IV.D.1-6  above,  invoices		
7.	In addition to the information			
										
	involving the purchase of goods should also contain:						
	a.	A complete item description								
	b.	Quantity purchased									
	c.	Unit price(s)									
	d.	Total price (for each item)								
	e.	Total	amount of invoice (all items)	of the goods to the District			
	f.		The location and date(s) of delivery				
8.	In addition to the information required in	Section IV .D .1-6 above,  invoices		
	involving the purchase of services should also contain:						
	a.	Itemized description of services performed						
	b.	The location and date of delivery of the services to the District	rates,		
	c.	Billing  method  for  services  performed	(i.e.,  approved  hourly			
					costs, etc.)		
			percentage	of completion, cost plus fixed fee, direct/actual			
									
	d.	Itemization	of other direct, reimbursable	costs (including description		
										
			and amount)				costs	( other	than		
	e.	Copies  of	invoices  for  other  direct,  reimbursable					
									
			incidental costs such as copying) and one (1) of the following:	payment		
			1.	Copy of both sides of a cancelled check evidencing			
				for costs submitted for reimbursement						
			11.	Paid receipt									
			111.	Waiver/lien release from subcontractor (if applicable)				
9.	Any	applicable discounts					or	specified		
10.	Any	other information or documentation, which may be required				
	under the terms of the purchase order or agreement						

E.	Proper Payment Request Requirements for Construction Services
	Payment Requests must conform to all requirements	of Section IV, A-D  above,		
			or purchase		
	unless otherwise specified in the terms	of the applicable agreement			
	order between the District and the Contractor.						
Submission of Invoices and Payment	Requests							
						Construction		
The	Provider  shall  submit  all  Invoices  and  Payment  Requests  for  both			
Services and Non-Construction Goods and Services	to the District's Agent as provided in		
							
the purchase order or agreement, as applicable, and to the District Manager as follows:			
	Submit the invoicepaymentand/or	request,	with required additional material	and		
						
					by mail, by hand delivery, or		
	in conformance with these Policies and Procedures,			
							
	via email (Note:  email is the prefeITed	method for receipt of Non-Construction		
									
	Goods and Services invoices).									

4

VI.

1.	Mailing and Drop Off Address	
	North Powerline Road Community Development District	
	c/o Fishkind and Associates, Inc.	
	12051 Corporate Blvd.	
	Orlando, Florida 32817	

2.	Email Address

		j ane g@fishkind.com													
Calculation of Payment Due Date													
A.	Non-Construction Goods	and Services Invoices				
															
	1.	Receipt of Proper	Invoice											
		Payment is due from the District forty-five  (45)  days from the date  on		
		which a Proper Invoice is Date Stamped.					
	2.	Receipt of Improper	Invoice			a required invoice is not received, or		
										
		If an Improper Invoice is received,			
		invoicing of a request for payment	is not required, the time when payment		
				(45) days from the latest date of the		
		is due from the District is forty-five			
		following:				of personal	property is fully  accepted by the		
		a.	On which delivery				
										
			District;										and accepted by the District;		
		b.	On which services are completed			
		c.	On which the contracted	rental period begins (if applicable); or		
										agree in a written agreement		
		d.	On which the District and the Vendor			
							
			that provides payment due dates.					
	3.	Rejection of an Improper	Invoice		Invoice.   Within ten (10) days  of		
									
		The District may reject an Improper			
		receipt	of the  Improper	Invoice  by  the  District,  the  Vendor  must  be		
													to conect		
		notified that the invoice is improper and be given an opportunity			
		the deficient or missing information, remedy the faulty work, replace the		
		defective goods, or take other necessary, remedial action.			
		The District's rejection of	an Improper		Invoice must:			
										
1.	Be provided in writing;

2.	Specify any and all known deficiencies; and

3.	State actions necessary to conect the Improper Invoice.

If the Vendor submits a con-ected invoice,	which conects the deficiencies	
specified  in  the  District's  written  rejection,  the  District  must  pay  the	
conected invoice within the later of: (a) ten (10) business days after date	
the corrected invoice is Date Stamped; or (b) forty-five (45) days after the	
date the Improper Invoice was Date Stamped.	

5

4.

If the  Vendor  submits  an  invoice  in  response  to  the  District's  written		
rejection which fails to correct the deficiencies specified or continues to be		
an Improper Invoice, the District must reject that invoice as stated herein.		
Payment of Undisputed Portion of Invoice	portion shall		
If the District disputes a portion of an invoice, the undisputed			
be  paid  in  a timely  manner  and  in  accordance  with the  due  dates  for		
payment as specified in these Policies & Procedures.			

B.	Payment Requests for Construction Services

1.	Receipt of Proper	Payment Request						
	The time  at which payment  is  due  for  Construction  Services  from  the		
	District is as follows:									
	a.	If an  Agent  must	approve	the  payment  request  before	it	is		
									
	submitted to the District Manager, payment (whether full or partial) is due		
	twenty-five (25) business days after the payment request is Date Stamped.		
	The Contractor may send the District		an overdue notice.  If the payment		
					of		
	request is not rejected within four	( 4) business days after Date Stamp			
					
	the overdue notice, the payment request shall be deemed accepted, except		
		request					that is fraudulent, misleading	or is		
	for any portion of	the payment								
	the subject of dispute.									
	The agreement between the District and the Contractor shall identify the		
	Agent to which the Contractor shall submit its payment request, or shall be		
	provided by the District through a separate written notice no later than ten		
	(10)	days  after contract award or notice to  proceed, whichever is	later.		
	Contractor's submission of	a payment	request to the Agent shall be Date		
							
	Stamped, which shall commence the time periods for payment or rejection		
	of a payment request or invoice	as provided in this section.				
									
	b.	If, pursuant to contract,	an Agent is not required to  approve the		
	payment request submitted to  the  District,  payment is  due  twenty  (20)		
	business  days  after  the  payment  request  is  Date  Stamped  unless  such		
	payment request includes fraudulent or misleading information or is the		
	subject of dispute.										

2.

Receipt and Rejection of Improper	Payment Request			
				
a.	If	an  Improper  Payment	Request  is  received,  the  District  must		
reject the  Improper Payment Request within twenty  (20)  business  days		
after the date on which the payment request is Date Stamped.			
b.	The District's rejection of the Improper Payment Request	must:		
				
	1.	Be provided in writing;			

6

VII.

		2.	Specify any and all known	deficiencies; and		
		3.	State actions necessary	to conect the Improper Invoice.		
							
	c.	If a	Contractor  submits	a  payment  request  which  conects  the		
	deficiency specified in the District's written rejection, the District must		
	pay or reject the conected submission no later than ten (10) business days		
	after the date the conected payment request is Date Stamped.		
3.	Payment of Undisputed Portion of Payment Request		
If the  District  disputes  a portion of a payment request,  the  undisputed		
portion shall be paid in a timely manner and in accordance with the due		
dates for payment as specified	in this section.		
			
Resolution of Disputes			

	If a dispute arises between	a Provider and the District	concerning payment of an invoice		
				Fla. Stat., for		
			shall be resolved as	set forth in §218.735,			
	or payment request, the dispute					
						
Services,	Construction	and §218.76, Fla. Stat. for Non-Construction Goods and Services.		

A.	Dispute between the District and a Contractor
If a dispute between the District	and a Contractor cannot be resolved following		
resubmission  of a  payment	request  by  the  Contractor,  the  dispute  must  be		
resolved in accordance with the  dispute resolution procedure prescribed  in the		
construction contract,  if any.  In the  absence  of a prescribed procedure	in the		
			
contract, the dispute must be resolved by the procedures specified below.			

B.

Dispute Resolution Procedures								
1.	If an Improper Payment	Request or Improper Invoice is submitted, and the		
	Provider refuses or fails to submit a revised payment request or invoice as		
	contemplated by the PP A and these Policies and Procedures, the Provider		
	shall,  not  later  than  thirty  (30)  days  after  the  date  on  which  the  last		
	payment request or invoice was Date Stamped, submit a written statement		
	via certified mail to the Agent, copying the District Manager, specifying		
	the basis upon which the Provider contends the last submitted payment		
	request or invoice was proper.								
2.	Within forty-five (45) days of receipt	by the Agent and District Manager		
	of the  disputed,  last-submitted	payment  request  or  invoice,  the  Agent		
				investigation of the dispute	and		
	and/or District Manager shall commence				
					
	render a final decision on the matter no later than sixty (60) days after the		
	date  on  which  the  last-submitted  payment  request  or  invoice  is  Date		
	Stamped.									
3.	Absent a written agreement to the contrary,	if the Provider	refuses or fails		
	to provide the written statement required above, the Agent and/or District		

7

4.

5.

6.

Manager is not required to contact the Provider in the investigation.	In		
addition, and absent a written agreement to the contrary,		if such written		
statement is not provided, the District may immediately contract with third		
parties to provide the goods and services subject to the dispute and deduct		
the costs of such third pmiy purchases	from amounts owed to the Provider.		
											
The Board shall approve any decision	of	the District Manager to contract		
	in:	1) an expenditure	above what is		
with a third pmiy which would	result					
								
budgeted for the Construction Services or Non-Construction Services; or		
2)  an  expenditure  which		exceeds  the  original  contract  amount  for  the		
Construction  Services  or Non-Construction  Services  by  more  than  ten		
percent (10%) or Ten Thousand Dollars ($10,000).									
A written explanation of	the final decision shall be sent	to	the Provider,		
via certified mail, within five (5) business days from the date on which		
such final decision is made.	A copy of the written explanation of the final		
		the Chairperson of the Board	simultaneously		
decision shall be provided	to					

with the certified mailing to the Provider.										
If a Provider does not accept	in writing the final decision within five (5)		
days after receipt by the Provider, the District may immediately contract		
with third parties to provide		the goods and services subject to the dispute		
							from amounts owed to		
and deduct the costs of such third party purchases			
		exceed the amount		
the Provider.  If the costs		of		the third party purchases			
the District owes to the Provider, the District may seek to recover such		
excess from the Provider in a comi of law or as otherwise	provided in an		
			contained		
agreement  between  the  District  and	the  Provider.   Nothing			
herein shall limit or affect the District's	ability to enforce all	of its legal		
										
and contractual rights and remedies against the Provider.							

VIII.   Purchases Involving Federal Funds or Bond Funds	
	When the District intends to pay for a purchase with federal funds or bond funds, the	
	District shall make such purchases only upon reasonable assurances that federal funds or	
	bond funds sufficient to cover the cost will be received.  When payment is contingent	
	upon the receipt of bond funds,	federal funds or federal approval, the public procurement	
	documents  and  any  agreement  with  a Provider  shall  clearly  state  such  contingency.	
	(§218.77, Fla. Stat.).		
IX.	Requirements for Construction Services Contracts - Project Completion;	
	Retainage		
	The District intends to follow the PPA requirements for construction project completion	
	and retainage, including, but not limited to, §218.735 (7) and (8), Fla. Stat.	

8

X.

Late Payment Interest Charges												
Failure  on  the  part  of the  District	to  make  timely	payments	may  result  in  District		
								
responsibility for late payment interest charges.		No agreement between the District and a		
							under the		
Provider may prohibit the collection	of late payment interest charges allowable			

PPA as mandatory interest. (§218.75, Fla. Stat.).									
A.	Related to Non-Construction	Goods and Services							
												
	All payments due from the District, and not made within the time specified within		
	this policy, will bear interest, from thirty (30) days after the due date, at the rate	of		
	one percent (1 % ) per month on the unpaid balance.	The Vendor must submit a		
								
	Proper  Invoice  to  the  District for  any  interest  accrued  in order to  receive  the		
	interest payment. (§218.74 (4), Fla. Stat.).								
	An overdue period ofless than one (1) month is considered as one (1) month in		
	computing interest.  Unpaid interest is compounded monthly.  The term one (1)		
	month means a period beginning on any day of a month and ending on	the same		
	day of the following month.												
B.	Related to Construction Services	that are notthemade within	time periods		
	All payments for Constrnction Services				
											
	specified within the  applicable statute,  shall bear interest from thirty (30) days		
	after the due date, at the rate	of one percent (1	% ) per month, or the rate specified		
	by  agreement,  whichever  is  greater.		The  Contractor  must  submit	a  Proper		
											
	Payment Request to the District for any interest accrued in order to receive the		
	interest payment.  An	overdue period of	less than one (1) month is considered	as		
						
	one (1) month in computing interest. (§218.735 (8)(i), Fla. Stat.).					
	Unpaid interest is compounded monthly.  The term one (1) month means a period		
	beginning on any day	of a month and ending	on the same day	of the following		
	month.													
C.	Report of Interest			fiscal				year exceeds $250,		
	If the total amount of									
		interest paid during the preceding						
	the District Manager is required to submit a rep01i to the Board during December		
	of each year, stating the number of interest payments	made and the total amount		
								
	of such payments. (§218.78, Fla. Stat.).										

9

North

Power

line

Road

Community

Development District

Authorizing

Resolution 2018-19,

the Filing of Notice of Establishment

			RESOLUTION 2018-19				
	A  RESOLUTION  OF  THE  BOARD  OF  SUPERVISORS  OF  THE			
	NORTH  POWERLINE  ROAD  COMMUNITY  DEVELOPMENT			
	DISTRICT  AUTHORIZING  THE  FILING  OF  THE  NOTICE  OF			
	ESTABLISHMENT   FOR   THE   NORTH   POWERLINE   ROAD			
	COMMUNITY DEVELOPMENT DISTRICT.				
	WHEREAS,  the	North	Powerline  Road  Community  Development  District  (the		
			-purpose government created	and existing pursuant	to Chapter		
"District") is a local unit of	special					
						
			entirely within Polk County, Florida;			
190,	Florida Statutes, being situated				
							
	WHEREAS, the District was established	by Polk County Ordinance No. 18-036, which		
						
became effective on June 5,	2018; and					

WHEREAS,	the  District	is  required  to		
				
property records of Polk County,	Florida pursuant		

file  a  "Notice  of Establishment"	within		
			
to Chapter 190.0485,	Florida Statutes; and		

the

WHEREAS,  the  District's	Board	of Supervisors  (the  "Board"),	in  accordance  with		
					
Florida Statutes, desire to authorize	the filing of such notice.				
						
NOW,  THEREFORE,  BE  IT	RESOLVED	BY  THE  BOARD  OF		
SUPERVISORS	OF	THENORTHPOWERLINEROAD		
COMMUNITY DEVELOPMENT DISTRICT:				

1.

District  Counsel  is	hereby  authorized		
substantially the form attached	hereto	as		
				
Polk County, Florida.					

to	record

Exhibit A

a	Notice	of  Establishment

within the property records

in
of

PASSED AND

ADOPTED

this

20

th

day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD COMMUNITY	
	DEVELOPMENT DISTRICT	

ASSISTANT SECRETARY	CHAIRPERSON

Exhibit

A:

Form

of

Notice

of

Establishment

EXHIBIT A			
This space reserved for use by the		
Clerk of the Circuit	Court		

This instrument was prepared by		
and upon recording should be returned		
Roy Van Wyk, Esq.	& SAMS, P.A.		
HOPPING GREEN			
			
119 South Monroe Street, Suite 300		
Post Office Box 6526		
Tallahassee, Florida 32314		

to:

	NOTICE OF ESTABLISHMENT OF THE			DISTRICT		
NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT			
						
PLEASE TAKE NOTICE	that on June 5, 2018,	pursuant to a petition filed by Polk Urban		

Management  Project,  LLC,  the  Board	of	County  Commissioners  of	Polk  County,		Florida		

adopted Ordinance No. 18-036, which became effective on June 5,		2018, establishing	the North		
							
Powerline Road Community Development District ("District").	The legal description	of the		
				
															-		
lands encompassed within the District is attached hereto	as Exhibit	A.  The	District is a special		

purpose form of local	government established pursuant to and governed by Chapter 190, Florida		
																	
Statutes.  More information on the powers, responsibilities,	and duties	of	the District	may be		

obtained by examining Chapter 190, Florida Statutes, or by contacting the District's registered		
agent as designated to the Department	of	Economic  Opportunity	in accordance with Section		

189.014, Florida Statutes.																

THE NORTH POWERLINE ROAD		
MAY  IMPOSE  AND  LEVY  TAXES	OR		
			
ASSESSMENTS, ON THIS PROPERTY.		

COMMUNITY DEVELOPMENT DISTRICT		
ASSESSMENTS,	OR  BOTH  TAXES	AND		

THESE TAXES AND ASSESSMENTS PAY		

THE CONSTRUCTION, OPERATION AND  MAINTENANCE	COSTS		

OF

CERTAIN

PUBLIC  FACILITIES  AND  SERVICES  OF  THE  DISTRICT	AND  ARE   SET		

ANNUALLY BY THE GOVERNING BOARD

OF

THE DISTRICT.	THESE TAXES

AND	ASSESSMENTS	ARE

IN

ADDITION	TO	COUNTY	AND	OTHER	LOCAL

GOVERNMENT  TAXES  AND  ASSESSMENTS  AND  ALL  OTHER	TAXES  AND		

ASSESSMENTS PROVIDED FOR	BYLAW.		
			
IN	WITNESS	WHEREOF,  this  Notice  has  been  executed  on this	___	day		

_____	, 2018, and recorded in the Official Records	of Polk County,	Florida.			

								

of

Chairperson

Witness	Witness		
			
Print Name	Print Name		

STATE OF FLORIDA				
COUNTY	OF				
	----				
The	foregoing   instrument   was   acknowledged   before   me   this	_	day		

of

_______	,		
			
Did [ ] or Did Not [ ]		

2018, by _______

take an oath.

,

who

is

personally known to me, and who

Print Name:	----------		
			
Notary Public,	State of Florida			
						
Commission No.:	--------	_		
My Commission	Expires: _____			

EXHIBIT A

	LEGAL DESCRIPTION			
PARCEL 1 (272634-000000-022030)				
THE SE-1/4 of SE-1/4 OF SECTION 34,	LESS THE SOUTH 933.34 FEET OF THE EAST 933.34		
OF SECTION 35, TOWNSHIP 26 SOUTH, RANGE 27 EAST, POLK COUNTY,	FLORIDA.		

FEET

THEREOF,

PARCEL 2 (272634-000000-022020)					
THE SOUTH 933.34 FEET OF THE EAST 933.34	FEET OF THE SOUTHEAST¼		
TOWNSHIP34,	26 SOUTH, RANGE 27	EAST, POLK COUNTY,	FLORIDA.		

OF

SOUTHEAST¼

OF

SECTION

PARCEL 3 (272635-000000-044010)			
THE SW-1/4	OF SW-1/4	OF SECTION 35, ALL IN TOWNSHIP	26 SOUTH, RANGE 27		
					
FLORIDA.					

EAST,

POLK

COUNTY,

PARCEL

4 (272703-713500-010031)

PARCEL "A": FROM THE NE CORNER OF THE NW¼	OF THE NE¼  OF SECTION 3, TOWNSHIP	27S, RANGE		
						
27E,	POLK	COUNTY, FLORIDA, RUN WEST, ALONG	THE	NORTH LINE OF SAID SECTION 3, 595.8 FT.,	TO		
THE	EASTERLY	RIGHT-OF-WAY LINE OF US	HIGHWAY NO. 17	&	92; RUN THENCE S-12°46'30"-W,ALONG		
RIGHT-OF-WAY,  125.0 FT.;  RUN  THENCE	EAST,  PARALLEL	TO	THE  NORTH  LINE  OF  SAID  SECTION	3,		
						
625.95	FT.,	TO	A POINT ON THE EAST LINE	OF	SAID	NW¼  RUN THENCE NORTH, ALONG SAID EAST LINE,		
121.91	FT.,	TO	POINT OF BEGINNING.													
SUBJECT  TO  ANY  EXISTING  DEDICATIONS	OF  ROAD  RIGHT-OF-WAYS  IN  FLORIDA	DEVELOPMENT		
							
COMPANY'SPLAT OF SAID SECTION 3. AND PARCEL	"B" FROM THE NE CORNER OF THE NW¼	OF THE	NE		
¼  OF SECTION 3 TOWNSHIP 27 SOUTH, RANGE 27	EAST, POLK COUNTY,	FLORIDA, RUN WEST, ALONG		
								
THE NORTH LINE OF SAID SECTION 3,595.8 FT., TO	THE	EASTERLY RIGHT-OF-WAY LINE	OF US HIGHWAY		
NO.	17	& 92; RUN THENCE S-12°46'30"-W,ALONG SAID RIGHT OF WAY LINE, 125.0 FT., TO THE POINT		
OF BEGINNING; RUN THENCE EAST, PARALLEL TO THE NORTH LINE OF SAID SECTION 3,	625.95 FT., TO A		
POINT ON THE  EAST LINE	OF SAID  NW ¼	OF NE	1/4;	RUN THENCE SOUTH, ALONG SAID EAST	LINE,		
390.33	FT;	RUN  THENCE	N-77°13'30"-W,704.65	FT.,	TO	THE  EAST  RIGHT-OF-WAY  LINE  OF	SAID		
HIGHWAY; RUN THENCE N-12°46'30"-E,241.4	FT., TO THE POINT OF BEGINNING.						

PARCEL 5 (272703-000000-011000)			
THE NE¼	OF NE¼	OF SECTION 3, TOWNSHIP	27 SOUTH, RANGE 27		

EAST,

POLK COUNTY, FLORIDA.

PARCEL 6 (272703-713500-010200)

FLA DEVELOPMENT CO SUB PB 3 PGS OF SECTION 3, TOWNSHIP 27 SOUTH,

60 TO 63 TRACTS 20, 21 LESS N RANGE 27 EAST, POLK COUNTY,

15 FT FOR

FLORIDA.

ROAD

R/W

ALL IN

NE¼

PARCEL 7 (272703-713500-010294)

FLA DEVELOPMENT CO SUB PLAT BOOK 3, PAGES 60 TO

IN NE¼  OF SECTION 3, TOWNSHIP 27 SOUTH, RANGE 27

63, TRACT 29, NORTH½ NORTH EAST, POLK COUNTY, FLORIDA.

OF

CLAY

ROAD

PARCEL 8 (272703-713500-010282)			
FLA DEVELOPMENT CO SUB PB 3 PGS 60	TO 63, SOUTH½		
SOUTH, RANGE 27 EAST, POLK COUNTY,	FLORIDA.		

TRACT

28

IN

NEl/4

SECTION 3, TOWNSHIP 27

PARCEL 9 (272703	-713500-010220)				SOUTH  15	FEET	IN  FLORIDA		
					TRACT  27  LESS					
TRACT  22	LESS  NORTH	15  FEET  AND							
										
COMPANY'SSUBDIVISION,	ACCORDING	TO MAP	OR PLAT THEREOF	RECORDED IN PLAT		
			SOUTH,	RANGE	27 EAST,	PUBLIC RECORDS	OF		
60 TO 63,	IN SECTION 3,	TOWNSHIP 27							

DEVELOPMENT

BOOK 3, PAGES

POLK COUNTY,

FLORIDA.

PARCEL	10 (272703	-713500-010231)		
				
LOT 23,	LESS  THE	SOUTH  100 FEET		

OF

THE

WEST

84.74

THEREOF

AND

LESS

THE

NORTH

15

FEET

THEREOF, LOT	24 LESS THE NORTH	
THE SOUTH 15	FEET OF SAID LOTS,	

15 FEET THEREOF; THE EAST¾	OF LOT 26 AND ALL OF LOT	25,	LESS		
				3,		
ALL LYING AND BEING IN THE	NORTHEAST QUARTER OF SECTION			

TOWNSHIP	27

SOUTH,

RANGE

27

EAST,

POLK

COUNTY,

FLORIDA,

BEING

A

PART

OF

FLORIDA

DEVELOPMENT COMPANY SUBDIVISION, AS RECORDED	IN PLAT BOOK 3,	PAGES	60-63, OF THE		
			ON	PLAT	30		
RECORDS  OF  POLK COUNTY,	FLORIDA, SUBJECT TO AN	EASEMENT AS	SHOWN					
						3,		
WIDTH, 15 FEET ALONG THE	EAST BOUNDARY OF THE	NORTHEAST QUARTER	OF SECTION			

PUBLIC

FEET IN

AND 15

FEET

ALONG

THE

WEST

BOUNDARY

OF

THE

NORTHWEST

QUARTER

OF

SECTION

2.

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

PARCEL 11	(272702	-713000-030172)						15		
			LOT 19,	LESS THE NORTH			
LOTS 17, 18 AND THE NORTH¾  OF					
					
WEST ONE	HALF OF LOT 31, LESS THE SOUTH	15	FEET	OF SAID		

FEET OF SAID LOTS; LOT 32 AND LOTS, ALL LYING AND BEING IN

THE

THE

NORTHWEST QUARTER	OF SECTION 2, TOWNSHIP 27	SOUTH,	RANGE	27		
						
		COMPANY SUBDIVISION,		
BEING A PART OF THE FLORIDA DEVELOPMENT			
	POLK	COUNTY,	FLORIDA,		
PAGES 60 TO 63, OF THE PUBLIC RECORDS OF					

EAST, POLK COUNTY,	FLORIDA,		
				
AS RECORDED IN PLAT BOOK 3,		
SUBJECT TO AN EASEMENT	AS		

SHOWN  ON	PLAT	30		
				
QUARTER OF SECTION		

FEET IN WIDTH, 15 FEET ALONG THE EAST 3, AND 15 FEET ALONG THE WEST BOUNDARY

BOUNDARY OF THE	NORTHEAST		
			
OF THE NORTHWEST	QUARTER OF		

SECTION

2.

NOTE:

IN USE.

SUBJECT

TO

AN

EASEMENT

TO

FLORIDA

POWER

CO.

FOR

POWER

LINE

AS

OF

RECORD

AND/OR

CONTAINING

190.56

ACRES

MORE

OR

LESS.

North

Community

Powerline Road

Development District

District

Website

Agreement

AGREEMENT FOR WEBSITE SERVICES

THIS AGREEMENT

between:

is

made and entered into this 20th day

of

June,  2018, by and

NORTH  POWERLINE  ROAD  COMMUNITY DEVELOPMENT	DISTRICT,		

a

local unit

Statutes,

Corporate

of special-purpose	government established pursuant to Chapter	190, Florida		
			of  12051		
being  situated  in  Polk  County,  Florida,  with	a  mailing	address			
						
Boulevard, Orlando, Florida 32817 (the "District"); and					

FISHKIND	& ASSOCIATES, INC., a Florida	corporation whose mailing address is		
12051 Corporate Boulevard, Orlando, Florida 32817 ("Consultant,"	and together with the		
			
District, the "Parties").				
	RECITALS:				

WHEREAS,  the	District  was  established  for  the  purposes		
constructing, operating and/or maintaining certain public infrastructure		
stormwater management facilities within and without the boundaries	of		

of  planning,	financing,

improvements, including

the District; and

WHEREAS,  pursuant	to	Section  189.069,	Florida	Statutes,	the	District  is  required	to		
									
							by such section for		
											
maintain an official internet website containing certain information required			
					
the purposes of providing	web-based access to the public for the information and documentation		
																	
of the District;																		
WHEREAS,  Consultant	has  agreed  to		provide	services  for	the  development  and		
														
maintenance of such	website for the District; and												
																		
WHEREAS, the Parties	desire to memorialize and set forth clearly their understanding	and		

agreement with respect to the District website;												
Now, THEREFORE,	in consideration	of	the recitals,	agreements, and mutual covenants		
							sufficiency of which		
												
contained herein, and other good and valuable consideration, the receipt and			
					
	the by		Parties, the Parties	agree as follows:							
are hereby acknowledged																	

1.	RECITALS  CONFIRMED.	The	Parties	
true and correct and are hereby incorporated herein by	

confirm that the above stated recitals are

reference.

2.	SCOPE OF SERVICES.	Consultant shall	provide the District with the		
				capabilities, including but		
implementation, and maintenance	of its technological			

the following ( collectively, "Services"):				

development,
not limited to

i.	Website	Development.	Consultant  shall  design  or  re-design	and		
				but		
implement a web site for the District to comply with Florida law, including,			
			
not limited to, section	189.069,	Florida Statutes,	requiring	that special districts		

operate  and maintain an  official  internet web  site.   Consultant shall  register  a	
domain name  in the  District's name  for  purposes	of establishing the  web-site.	
Details of required content are shown in Exhibit A.		

ii.	Website  Hosting.    Backup,  and  Content  Updating.    Consultant  shall

provide hosting and backup of The District web site and update content, including	
minutes, financial statements and events on a monthly basis, or earlier if required	
by- law.   Consultant shall be responsible for ensuring the District's compliance	
with Florida law, including, but not limited to, section 189.069,	Florida Statutes,	
requiring that special districts operate and maintain an official internet web site	
throughout the term of this Agreement.		
111.	Service Option.   Consultant shall provide the  District with the  Services	
more particularly described in Exhibit B for Community Basic.	Any additional	
services not specifically identified in Exhibit B for Community Basic will require	
written approval by the District identifying such additional services and fees.	

3.

for Services

FEE SCHEDULE.	Notwithstanding anything to the contrary contained

under this Agreement shall be as follows for Community Basic:

herein, fees

	One-Time Site Development	$2,000		
	Annual Maintenance	$1,500 ($125 per month)	
Fees and expenses will be invoiced upon completion or monthly, as applicable, and will be due	
and payable when invoiced.   The monthly fees  outlined herein may be amended annually as	
reflected in the adopted General Fund Budget of the District.	Such new fees, as authorized by	
the District's actionthe to adopt	General Fund Budget, shall become the binding schedule of this	
Agreement until otherwise amended by a subsequent action of	the District.	
In addition to professional fees,  project related out-of-pocket expenses will be billed at  cost.	
These expenses include, but are not limited to: airfare, mileage, public transportation, parking,	
lodging,  meals,  re-production	of documents,  long  distance  telephone,  fax,  postage,  clerical	
supp01i, computer charges and express mail.  These expenses will be invoiced along with fees	
and will  be  due  and payable according to  the  same time frames  established herein for  other	
mvo1ces.   Out-of-pocket expenses shall not exceed $500 without prior written approval  of the	
District.						
4.	DISTRICT RESPONSIBILITIES.	The District shall furnish all required documents,	
data and information relative to the project necessary for the Consultant to perform the duties of	
this  Agreement.	In  addition,  the  District  shall  provide  timely  services  of its  staff deemed	
necessary as the project progresses.  Fees and expenses incurred in providing this support shall	
be the sole responsibility of the District; provided, however, that no such fees or expenses shall	
be  charged  where  the  Consultant  and/or  its  affiliate(s)  who  serve(s)  as  District  Manager  or	
records custodian already hold the required documents, data or information.	

5.	EFFECTIVE	DATE;  TERM.	This Agreement shall become effective on the		
						of one	(1) year		
first written above and shall continue in full force and effect for a period				
		herein.		
such  date,  unless  terminated  earlier  in  accordance  with  the  terms	contained			
					
Agreement shall thereafter automatically renew for additional	one (1) year periods.			

date

from

The

6.		TERMINATION.	This Agreement	may be terminated by either Party without cause		
							to the other Party.  Consultant agrees		
by providing sixty (60) days written notice	of termination			
					termination shall be effective		
that the District may terminate this Agreement for cause, which			
								or	upon		
immediately,	upon failure	of	Consultant	to  perform its duties under this Agreement				
							that		
									such	duties.	The	District	agrees				
			in  the  performance  of									
misfeasance	or	malfeasance										
								to comply with	its		
					for	cause upon the District's failure				
					Agreement							

Consultant	may	terminate this				of this Agreement,	Consultant	shall	be	entitled to		
				.	Upon	termination							
obligations	hereunder										
																
										of this Agreement,		
payment for	work and/or services rendered up until the effective termination			
					Upon	any		
subject to	whatever	claims  of off-sets	the	District may  have  against  Consultant.					
										
					own	any  domain names  and  website  content,  and		
						continue	to				
termination,	the	District will						
							for	an orderly	transfer of the		District's		
Consultant will make all reasonable efforts to provide							

				.													
domain names and website content to the District or its designee														

7.	NON-PAYMENT.	The  failure  of District	
applicable timeframes established herein shall constitute	
services provided under this Agreement until full payment	

to  pay  any  amount  due  within  the

good cause for Consultant to suspend

is received.

8.

Agreement,

Agreement.

NON-CONTINGENCY	.	The  payment of fees		
				
are  not  contingent  upon  any  circumstance		

and  expenses,  as  outlined  in  this
not	specifically	outlined	in	this

9.	LEGAL	COMPLIANCE	.	Consultant	shall,  for  as  long  as  Consultant	is  under		
						be  responsible  for  (1)  insuring  that  the		
								
contract  to	provide  the  services  described  herein,			
			Florida law regarding the content		
District's website remains in compliance with all applicable			
			storage	of	email	in		
and  functionality	of	such  website;	and  (2)  providing  for  the  long-term						

								.						
compliance with all applicable Florida law regarding records retention							

10.	.	Consultant	will maintain throughout the		
	INSURANCE				
following insurance coverage:			

term

of

this Agreement the

1.

Worker's	Compensation	insurance to		
				
compensation laws in effect from time		

cover full  liability under

to time in Florida.

worker's

11.

111.

1v.

General Liability insurance with	the limit of $1,000,000	Each Occurrence	.		

Professional Liability insurance with	limits of no less	than $1,000,000.			

Employment Practices Liability insurance with $1,000,000 limit.			

v.

Comprehensive Automobile Liability insurance for all vehicles used by

the Consultant's staff, whether owned or hired, with a combined single
limit of $1,000,000.

Except with respect to the Professional Liability and Worker's Compensation insurance policies,		
the District (and its staff, consultants,	and supervisors as	applicable) will be listed as additional		
			above.   None of	the policies above may be		
insureds on each such insurance policy described				
canceled during the term of this Agreement	(or otherwise cause the District to not be named as		
				days written notice to the		
an additional insured where applicable) without at least sixty (60)			
District.    Consultant  will  furnish  the  District  with  a	Certificate	of  Insurance  evidencing		
				
compliance with this section upon request.						

11.	PAYMENT.	All

invoice pursuant to the Local
Statutes.	Any interest on the

Payment Act.

invoices are due and payable within 45 days of receipt of a proper		
Government Prompt Payment Act, Section 218.70, et seq., Florida		
amounts due is also governed by the Local Government	Prompt		

12.	ENFORCEMENT.  In the event either party is required	to take any action to enforce		
						
this Agreement, the prevailing party shall be entitled to attorney's fees and costs.				
13.	SUSPENSION  OF  PROJECT.	The  District's  abandonment or  suspension	of the		
					
project shall not relieve the District of monies due for  services rendered to the date	of such		
abandonment or suspension.  Such services shall be billed at the applicable stated rates or full		
lump sum amounts and will be immediately due and payable upon determination that the project		
has been abandoned or suspended and that the Consultant has performed the services as outlined		
herein.							

14.	OWNERSHIP.	Ownership	of		
					
addresses, under all circumstances is that of the		

web  site,  content,  domain  name  and	e-mail	
District.		

shall

15.	APPLICABLE LAw.

be governed by the laws of the

This Agreement shall be interpreted in accordance with and

State of Florida.

16.	SEVERABILITY.	In  the  event that  any  provision		
determined to be unenforceable or invalid by a Court of Law, such		
shall not affect the remaining provisions	of the Agreement which		
			
effect.					

of this  Agreement  shall  be

unenforceability or invalidity
shall remain in full force and

17.	PUBLIC RECORDS.  Contractor	understands and agrees that all documents	of any		
					
kind provided to the District in connection with this Agreement may be public records,  and,		
accordingly,  Contractor  agrees  to  comply  with  all  applicable	provisions	of Florida	law  in		
		Florida  Statutes.		
handling  such  records,  including  but  not  limited  to	Section  119.0701,			
Contractor acknowledges that the designated	public records custodian for the District	is Jane		
	. Among other requirements and to the extent applicable		
Gaarlandt ("Public Records Custodian")		public records required by the  District to		
by law, the Contractor shall  1) keep  and maintain			
perform the service; 2) upon request by the Public Records Custodian, provide the District with		

the requested public records or allow the records to be inspected or copied within a	reasonable		
time period at a cost that does not exceed the cost provided in Chapter	119,	Florida Statutes; 3)		
ensure that public records which are exempt or confidential, and exempt from public records		
disclosure requirements, are not disclosed	except	as	authorized by law for the duration of the		
								does not transfer the records to		
contract term and following	the contract term if the Contractor			
												
		of the District; and 4) upon completion of the contract, transfer to		
the Public Records Custodian			
				records  in Contractor's possession or,  alternatively,  keep,		
the  District,	at  no  cost,  all  public				
maintain and meet all applicable	requirements for retaining public records pursuant to Florida		
laws.  When such public records are transferred by the Contractor, the Contractor shall destroy		
any duplicate public records that are exempt or confidential and exempt from public records		
disclosure requirements.  All records	stored electronically must be	provided	to the District in a		
								
format that is compatible with Microsoft Word or Adobe PDF formats.								
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE			
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO			
THE   CONTRACTOR'S   DUTY   TO   PROVIDE   PUBLIC			
RECORDS  RELATING  TO  THIS  CONTRACT,  CONTACT			
THE CUSTODIAN OF PUBLIC RECORDS AT (407) 382-3256,			
JANEG@FISHKIND.COM,  OR  12051  CORPORATE  BLVD.,			
ORLANDO, FLORIDA 32817.																	
18.	INDEMNIFICATION.			To	the extent	allowable under applicable law (but without		
								to the extent	caused by the negligent or		
waiving any limitations of		liability)	and except and					
intentionally wrongful  acts  or omissions	of	the  Consultant,  the  District agrees  to	indemnify,		
defend, and hold the Consultant harmless from and against any and all claims, actions, suits,		
demands, assessments or judgments asserted and any and all losses, liabilities, damages, costs,		
court costs, and expenses, including attorney's fees, that Consultant may hereafter incur, become		
responsible for, or be caused to pay out arising out of	or relating to the negligent or intentionally		
wrongful acts or omissions	of the District and this Agreement.	The indemnification provided for		
				the Consultant may be entitled		
	exclusive	of any other rights to which			
herein shall not be deemed					
												
and shall continue after the Consultant has ceased to be engaged under this Agreement.				
To  the  extent  allowable  under  applicable  law	and  except	and	to  the  extent  caused  by  the		
negligent or intentionally wrongful acts or omissions	of the District, the Consultant	agrees to		
					
indemnify, defend, and hold the District harmless from and against any and all claims, actions,		
suits, demands, assessments or judgments asserted and any and all losses, liabilities, damages,		
costs, court costs, and expenses, including attorney's fees, that the District may hereafter incur,		
become responsible for,  or be caused	to pay out arising out	of	or relating		to the negligent or		
								The		
			of		the  Consultant  and  this  Agreement.			
intentionally  wrongful  acts  or		omissions						
								
			be	deemed exclusive	of	any other rights to which		
indemnification provided for herein	shall not						
the District may be entitled and shall continue after the Consultant has ceased to be engaged		

under this

Agreement.

19.	SOVEREIGN IMMUNITY.	Nothing herein
sovereign immunity limitations of liability provided in

shall be construed to limit the District's

section 768.28, Florida Statutes or other

applicable law.

20.

ENTIRE

AGREEMENT.

This Agreement constitutes the entire agreement between

the  Paiiies  with  respect  to	its  subject  matter  and  all  antecedent  and  contemporaneous	
negotiations, unde1iakings, representations, warranties, inducements and obligations are merged	
into this Agreement and superseded by its delivery.  No provision of this Agreement may be	
amended, waived or modified unless the same is set fo1ih in writing and signed by each of the	
paiiies to this Agreement, or their orrespective successorsassigns.	

21.

EXECUTION

IN

COUNTERPARTS.

This instrument may be executednumberinany

of counterpaiis, each of which, when executed and delivered, shall constitute an original, and
such	counterpaiis	together	shall	constitute	one	and	the	same	instrument.	Signature	and

acknowledgment pages, if any, may be detached from the counterpaiis and attached to a single

copy

of

this documentform to physically	one document.

to

IN

execute

WITNESS WHEREOF, the Paiiies this Agreement as of the date and year

have

first

each caused their duly authorized officers

above-written.

NORTH

POWERLINE

ROAD

COMMUNITY

DEVELOPMENT

DISTRICT

Chairperson,

Board

of

Supervisors

Witness	Print Name

Print Name	Date

FISHKIND

AND

ASSOCIATES,

INC.

By

Witness	Print Name

Print Name	Date

	EXHIBIT A			
	REQUIRED WEBSITE CONTENT			
Pursuant to section 189.069, Florida Statutes, special district web sites will be required to		
include and make available the following information or documents:			
1.	The full legal name of the special district.			
2.	The public purpose of the special district.			
3.	The name, address,  email address, and the term for each member of the governing		
	body of the special district.			
4.	The fiscal year of the special district.			
5.	The full text of the special district's charter and the statute under which the special		
	district  operates,  any  grant  of special powers,  the  date  of establishment,	and  the		
				
	establishing entity.			
6.	The mailing address, email address, telephone number, and internet web site uniform		
	resource locator of the special district.			
7.	A description of the boundaries, or service area of, and the services provided by the		
	special district.			
8.	A listing of all taxes,  fees,  assessments, or charges imposed and collected by the		
	special district, including the rates or amounts for the fiscal year and the statutory		
	authority for the levy of the tax, fee, special assessment, or charge.			

9.

10.

The primary contact person for the special district for purposes
from the Department of Economic Opportunity.

A code  of ethics adopted by the special district, if applicable,

generally applicable ethics provisions.

of

and

communication

a hyperlink to

11.

The  adopted  budget  of

accordance with section

the  special  district,  in  addition  to  budget  amendments  m

189.418, Florida Statutes.

12.

The final, complete audit report for the most recent completed fiscal year and other

audit reports  required by law or authorized by the  governing body of the  special

district.

Category

Costs

One-Time Site Development Annual Maintenance

Statutory Requirements

Internet Website

District contact information

District contact information

District charter

District description/purpose

Budget

Audited financials

Assessments and charges

Technical Features

Hosting

Domain name

Member database

District documents

Meeting agenda

Meeting minutes

Financial reports

Most other documents

I

I

EXHIBIT B

Community Basic	Community Care	Community Interactive

$2,000	$3,000	$5,000	
$900	$1,500	$2,500	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	

Maximum of 50	Maximum of 100	Unlimited	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
Yes	Yes	Yes	
No	Yes	Yes	

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12051 Corporare Blvd .. Orlando, Florida 32817 [407) 382-3256 Email bnmeolfic"'"'fubtir\_d,_4= I P a g e

Customized pages	Maximum of 5	Maximum of 10	Maximum of 20	
Resident email database	No	No	Yes	
Custom managed social	No	No	Yes	
media				
Contact us form	No	Simple form	Customized form	
Email accounts for Board	No	Up to 5	Up to 10	
Mobile website design	No	Yes	Yes	
1. Community Basic				
2. Community Care				
3. Community Interactive				

12051 Corporate Blvd .• Orlando, Florida 32817 (407) 382-3256 email b.QID,~Qftii;;e,0•tishkind corn 5  j Po g e

North

Community

Powerline	Road		
			
Development District		

Resolution 2018-20,		
Designating a Qualified	Public		

Depository

RESOLUTION 2018-20

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH

POWERLINE	ROAD	COMMUNITY	DEVELOPMENT	DISTRICT
DESIGNATING	A	PUBLIC	DEPOSITORY	FOR	FUNDS	OF	THE
NORTH	POWERLINE	ROAD	COMMUNITY	DEVELOPMENT

DISTRICT AND PROVIDING AN EFFECTIVE DATE.

	WHEREAS,	the  North		
"District") is a local unit of special		
190,	Florida Statutes,	and situated		

Powerline	Road	Community	Development	District	(the

purpose government created and existing pursuant to Chapter

within Polk County, Florida; and

WHEREAS, the		
select  a  depository	as		
			
requirements of Chapter		
depository; and			

District's Board of Supervisors (the "Board") is	statutorily	authorized to		
defined  in  Section	280.02,  Florida  Statutes,	which  meets  all  the		
			as a qualified public		
					
280 and has been designated by the State Treasurer			

WHEREAS,

the Board desires to designate a public depository for the District Funds.

NOW THEREFORE  BE IT RESOLVED BY THE BOARD

OF SUPERVISORS OF THE NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT THAT:

SECTION	1.	depository for the Funds		
designated as the public			

of

the District.

1s

hereby

SECTION2.	In  accordance	with  Section  280.17(4),	Florida  Statutes,	the  District's		
						funds, the		
				prior to the deposit of any public			
Secretary is directed to furnish	to the State Treasurer				
				and the name of the		
District's official name, address, federal employer identification number,			
					
person or persons responsible for establishing accounts.						
SECTION 3.	The District's	Treasurer, upon assuming responsibility for handling the		
District funds of the District,	is directed to furnish to the State Treasurer annually the information		
				Florida Statutes.						
required in accordance with Section 280.17(3),							

SECTION 4.

effect unless rescinded

This Resolution shall take effect upon its passage and shall remain in

or repealed.

PASSED AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD		
	COMMUNITY DEVELOPMENT		
			
	DISTRICT		

Secretary/ Assistant Secretary

Chairperson,

Board

of

Supervisors

1

North

Community

Powerline Road

Development District

Resolution 2018-21,		
Authorization to Establish	Checking		
			
Designation of Authorized	Signatories		

Account and

for Operating

Account(s)

RESOLUTION 2018-21			
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH		
POWERLINE   ROAD   COMMUNITY   DEVELOPMENT   DISTRICT		
DIRECTING  FISHKIND  AND  ASSOCIATES,  INC.,  TO  ESTABLISH A		
LOCAL   BANK   ACCOUNT	AT   _______ FOR   THE		
		AS  SIGNORS  ON		
DISTRICT  AND  APPOINT  ________			
			
THE ACCOUNT AND PROVIDING AN EFFECTIVE DATE.		

WHEREAS,	the	No1ih

"District") is a local unit of special

l 90, Florida Statutes, and situated

Powerline  Road  Community  Development  District  (the		
purpose government created and existing pursuant	to Chapter		
			
within Polk County, Florida; and			

for

the

WHEREAS, the District's Board of Supervisors	desires to establish a local		
			
the District and appoint ________ and _________		
account.			

bank account

as signors on

NOW THEREFORE BE  IT RESOLVED  BY THE BOARD

OF SUPERVISORS OF THE NORTH POWERLINE ROAD
COMMUNITY DEVELOPMENT DISTRICT THAT:

SECTION 1. Fishkind and Associates, Inc., is directed to
at _____________________

establish a local bank account

for the District.

SECTION

2.

________ and _________ shall be appointed

as signors on the account.

SECTION 3.

effect unless rescinded

This Resolution shall take  effect upon its passage and  shall remain in

or repealed.

PASSED AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/ Assistant Secretary

Chairperson,

Board

of

Supervisors

1

North

Community

Powerline	Road		
			
Development District		

Resolution 2018-22,

Adopting Alternative Investment Guidelines

RESOLUTION 2018-22

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NORTH

POWERLINE	ROAD	COMMUNITY	DEVELOPMENT	DISTRICT
ADOPTING	THE	ALTERNATIVE	INVESTMENT	GUIDELINES	FOR

INVESTING PUBLIC  FUNDS IN EXCESS OF AMOUNTS NEEDED TO
MEET  CURRENT  OPERATING EXPENSES,  IN ACCORDANCE  WITH
SECTION	218.415(17),	FLORIDA	STATUTES,	AND	PROVIDING	AN

EFFECTIVE DATE.

	WHEREAS,	the  North	Powerline  Road  Community		
			-purpose government created	and		
"District") is a local unit of special				

190,	Florida Statutes, and situated within the City of Winter Haven,		

Development	District	(the

existing pursuant to Chapter

Florida; and

WHEREAS,

investment policy in

the District's Board	of Supervisors	(the		
				
accordance with Section 218.415,	Florida		

"Board") is required

Statutes; and

to

adopt an

WHEREAS,  Board  desires	to	adopt  the  alternative	investment  guidelines  for  the		
				operating expenses, in		
investment of public funds in excess	of amounts needed to meet cmTent			
				
accordance with Section 218 .415, Florida	Statutes.				

NOW	THEREFORE	BE	IT	RESOLVED	BY

SUPERVISORS  OF  THE  NORTH  POWERLINE
DEVELOPMENT DISTRICT:

THE	BOARD	OF

ROAD  COMMUNITY

SECTION 1. The District	hereby		
			
investment of public funds in excess of the		
in  accordance  with  Section  218.415(17),		
following instruments and may divest itself		

adopts the alternative investment guidelines for the		
amounts needed to meet current operating expenses,		
Florida  Statutes.  The  District	may  invest  in  the		
			
of investments, at prevailing	prices or rates:		

(a)

(b)

(c)

(d)

The  Local  Government  Surplus  Trust Fund,  or  any  intergovernmental  investment		
pool authorized pursuant	to the Florida Interlocal Cooperation Act,	as provided in		
					
Section 1653.01, Florida Statutes.				
Securities and Exchange Commission registered money market funds with the highest		
credit quality rating from a nationally recognized rating agency.	public depositories as		
Interest-bearing time deposits or savings accounts in qualified			
				
defined in Section 280.02,	Florida Statutes.				
					
Direct obligations of the U.S. Treasury.				

SECTION 2. sufficient liquidity to

Securities  listed

pay obligations as

in paragraphs  (c)	and  (d)  shall  be  invested	to  provide		
				
they come due.				

SECTION 3.

effect unless rescinded

This Resolution shall take effect upon its passage and shall remain in

or repealed.

PASSED

AND

ADOPTED

this

20th day

of

June, 2018.

ATTEST:	NORTH POWERLINE ROAD	
	COMMUNITY DEVELOPMENT	
	DISTRICT	

Secretary/Assistant Secretary

Chairperson,

Board

of

Supervisors

North

Community

Powerline Road

Development District

Funding

Request

No. 1

N. POWERLINE ROAD
COMMUNITY	DEVELOPMENT

DISTRICT

Funding

6/5/2018

Request No.

001

Item	Vendor	Invoice	General		
No.		Number	Fund		

1	Developer Funding Request	

$25,000.00

TOTAL

$25,000.00

Board Member

Please Return To:

N. Powerline Road COD

c/o Fishkind Associates

12051 Corporate Boulevard

Orlando, FL 32817

North Powerline Road

Community Development District

Assignment

of

Construction Contract

(provided under separate cover)