North Powerline Road

Community Development District

Agenda

February

6,

2019

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North

Powerline

Road

	Community Development District						
	135 W. Central Blvd., Suite 320, Orlando, Florida 32801					
	Phone: 407-841-5524-Fax: 407-839-1526						
January 30, 2019								
Board of Supervisors								
North Powerline Road								
Community								
	Development District								
Dear Board Members:								
The  regular	meeting  of  the  Board  of Supervisors  of  North  Powerline	Road  Community		
				
Development	Wednesday, February 6, 2019 at 10:00	AM at 346	E Central		
	District will be held					
Ave., Winter Haven, Florida 33880.	Following is the advance	agenda for	the meeting:			

1.

2.

3.

4.

5.

Audit				
Committee Meeting	
Roll Call				
Public Comment Period				
Approval of Minutes of December 5,	2018	Meeting		
Tally of Audit Committee Members Rankings and	Selection of	
Adjournment				

an

Auditor

1.

2.

3.

4.

7.

8.
5.

6.

9.

		Board of Supervisors Meeting			
Roll Call					
Organizational Matters				
Approval of	Minutes of the December 5, 2018 Board Meeting		
Acceptance of Audit Committee	Recommendation and	Selection of #1 Ranked Firm to		
Provide Auditing				
				
		Services for Fiscal Year 2018			
Consideration of Assignment of				
Staff Reports	Contract for Professional Engineering Services		
					
A.	Attorney				
"B.	Engineer				
C.	District Manager's Report				
					
	i.	Approval of Check Register			
					
	ii.	Balance Sheet and	Income Statement			
Other Business				
Supervisors Requests and				
		Audience Comments			
Adjournment				

The second order of business of the Audit		
	Committee Meeting is the		
	Public Comment Period		
where the public has an opportunity to be heard on propositions coming before the Board as		
reflected on the agenda, and any other items. The third order of business is the approval of the		
minutes from the			
December 5, 2018 meeting. The minutes are enclosed for		
order of	your review. The third		
	the audit committee members rankings and selection of an auditor.		
business is the tally of			
Rankings			
from all audit committee members will be tallied at the meeting to develop an overall		

audit committee will be provided

ranking. The RFP responses under separate cover.

have

been

provided

separately

and

the

tally sheet

The third order of		
the	business of the Board		
	2018 Board meeting. A		
December 5,			

of Supervisors meeting copy of the minutes are

is the approval of enclosed for your

the minutes of review.

The fourth order

selection of the #1 up material.

of business is ranked firm to

the	acceptance of the	audit		
				
provide auditing services for		

committee Fiscal Year

recommendation and 2018. There is no back-

The	fifth	order  of  business		
				
engineering services. A copy		

is of

the consideration of assignment the agreement are enclosed for your

of contact review.

for	professional

The sixth		
	order of business is Staff		
1	Reports. Section C is the		
	includes the check register being submitted for approval		
sheet and income statement for your review.		

District and Sub

Manager's report. Sub		
-	includes the		
Section 2			

-Section balance

The any

balance of questions,

the agenda will be discussed at the meeting.

please do not hesitate to contact me.

In

the

meantime,

if

you

should have

Sincerely,

Jill Burns
District Manager

CC:

Roy

Van

Wyk,

District

Counsel

Enclosures

A UDIT

C

O

MM

ITTEE

M EETING

M INUTES

MINUTES OF MEETING

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

The Audit Committee meeting	of the	
District was held on Wednesday, December	
Winter Haven, Florida.		
Present were:		
Rennie Heath		
Lauren Schwenk		
Andrew Rhineheart		
Kevin Chinoy		
Phillip Allende		
Jill Burns		
Sarah Sandy		
Drew White		

North Powerline 5, 2018 at 10:00

Chairman

Road Community Development a.m. at the 346 E Central Ave.,

The following is Powerline Road

a	summary Community

of the discussions and actions taken at the December Development District's Audit Committee Meeting.

5,

2018 North

FIRST ORDER OF BUSINESS	Roll Call

Ms. Burns called the meeting to order.

SECOND ORDER OF BUSINESS	Public Comment Period

Ms.

Burns asked for comments from the public.

THIRD ORDER OF BUSINESS

A.	Approval of Request

Audit Services

for Proposals and Selection Criteria

Ms. Bums stated the proposals would be due December 28, 2018.

On MOTION by Ms. Schwenk seconded by Mr. Allende with all in favor, the Request for Proposals and Selection Criteria, was approved.

B.

Approval

of

Notice

of

Request for Proposals for Audit Services

Ms.

Bums presented the notice that would publish in the newspaper.

December 5, 2018	North Powerline Road CDD

On MOTION by Ms. Schwenk seconded by Mr. Allende with all

in favor, the Notice of Request for Proposals for Audit Services,
was approved.

C.

Public

Announcement

of

Opportunity

to

Provide Audit Services

Ms.

Burns gave

the

public

announcement

of

opportunity to provide audit services.

FOURTH

ORDER

OF

BUSINESS

Adjournment

Ms.

Bums asked for a motion to adjourn.

On MOTION by Ms. Schwenk seconded by Mr. Chinoy with all in favor, the meeting was adjourned.

2

SECT-ION

IV

North Powerline Road CDD Auditor Selection

Grau & Associates

Ability of

120

Personnel ots)

Proposer's Experience (20 p

ts

l

Understanding of Scope
of Work (20 pts)

Ability to Furnish the		
Required Services (20 p	ts)	

Price (20 pts)

2018 - $2,800

2019 - $2,900
2020 - $3,000
2021-$3,100

2022 - $3,200

Total Points	Ranking

Earned	(1 bein!=I hiqhestl

BOARD OF SUPERVISORS

M EETING

M INUTES

MINUTES OF MEETING

NORTH POWERLINE ROAD
COMMUNITY DEVELOPMENT DISTRICT

The	regular	meeting

of

the	Board

of

Supervisors

of

the	North	Powerline	Road

Community Development District was held on Wednesday, December 5, 2018 at 10:00 a.m. at	
the 346 E Central Ave., Winter Haven, Florida.		
Present and constituting a quorum were:		
Lauren Schwenk	Chairman	
Kevin Chinoy	Vice Chairman	
Phillip Allende	Assistant Secretary	
Also present were:		

Jill Bums

Sarah Sandy
Drew White

District Manager

District Counsel

Developer's Office

North

The following is a summary ofthe discussions and Powerline Road Community Development District's

actions Board

taken at the December ofSupervisors Meeting.

5,

2018

FIRST ORDER OF BUSINESS	Roll Call

Ms. Bums called the meeting to order and called the roll.	A quorum was present.

SECOND

ORDER

OF

BUSINESS

Public Comment Period

Ms. Bums:	Does anyone have any comments before we start?

THIRD ORDER OF BUSINESS

A.	Approval	of Minutes
Meeting

of

Organizational Matters

the	September	19,  2018	Board

of

Supervisors

Ms. Burns asked Hearing none,

if

there were any questions, comments,

or corrections

on

the minutes.

On MOTION by Ms. Schwenk seconded by Mr. Allende with in favor, the Minutes of the September 19, 2018 Board Supervisors Meeting, were approved as presented.

all
of

December

5,

2018

North Powerline Road CDD

FOURTH ORDER OF BUSINESS	Ranking	of	Proposals	for		
						
	Engineering Services and Selection		
	Engineer					

of

District District

Ms.  Burns  stated  one  proposal  was  received  from  Dennis  Wood  Engineering  and	
recommended ranking Dennis Wood	
		Engineering first with 90 points and authorize Counsel to	
draft the agreement and also authorize the Chairman to execute once that agreement has been	
drafted. She asked if there were any questions on the	
		proposal from Dennis Wood Engineering.	
On MOTION by Ms.	Schwenk seconded by Mr. Allende with all	
in favor,	Ranking Dennis Wood Engineering First with 90 Points	
and authorizing Counsel to draft an agreement and authorizing the	
Chairman to execute the final agreement was approved.	

FIFTH ORDER OF BUSINESS

Consideration
Compliance

of

Proposal for Website ADA

Ms. Bums stated that the website needed to be made compliant for people hearing disabilities. She presented the proposal and recommended going with the

with visual and one-time fee of

$1,750 to

get the

site

compliant

and

GMS

would handle the ongoing work with the website.

On MOTION by Ms.	Schwenk seconded by Mr. Allende with all	
in favor, the Proposal from VGlobal Tech, LLC for Website ADA	
Compliance totaling $1,750 was approved.	
SIXTH ORDER OF BUSINESS	Consideration  of  Agreement  for  Financial	
	Advisory Services	
Ms. Bums noted this item was discussed at the Lucerne Park meeting but summarized	
again for the Board.  She noted that Kevin with Fishkind was hoping to stay on and finalize	

reports through the  first  bond issuance.  Ms.  Bums noted  that

GMS

would  be the  financial

advisor and assessment consultant going forward.

On MOTION
in  favor,	the
approved.

by Mr. Allende Agreement for

seconded Financial

by Ms. Schwenk with all Advisory  Services,  was

SEVENTH ORDER OF BUSINESS	Staff Reports

A.	Attorney

2

December 5, 2018	North Powerline Road CDD

Ms. Sandy noted she had nothing further for the the first bond issuance.

Board as they were still a ways

off

from

B.

Engineer

There being none, the next item followed.

C.

District Manager's Report

i.	Balance Sheet and Income Statement

Ms. Bums stated the financial statements were in the package and there are no actions that need to be taken on those but she would gladly take any questions.

ii.

Approval

of

the Check Register

Ms.

Bums presented the register with a total

amount

of

$40,549.12.

On MOTION by Ms. Schwenk seconded by Mr. Allende with all in favor, the Check Register totaling $40,549.12 was approved.

Ms.

ratification.

iii.	Ratification of Funding Requests #1 and #2

Bums  stated  the  funding  requests  were  already  proved,  they  were just  seeking

On MOTION by Ms. Schwenk seconded by Mr. Allende with all in favor, Funding Requests #1 and #2 were ratified.

EIGHTH ORDER OF BUSINESS	Other Business	

Ms.

Bums asked

if

there was any other business.  Hearing none,

NINTH ORDER OF BUSINESS	Supervisor's Requests	

Ms.

Bums asked

if

there were any Supervisor's requests. Hearing none,

TENTH ORDER OF BUSINESS	Adjournment

Ms. Bums asked for a motion to adjourn.

3

December

5,

2018

North Powerline Road CDD

On MOTION by Ms. Schwenk seconded in favor, the meeting was adjourned.

by

Mr. Allende

with

all

Secretary/Assistant Secretary	ChairmanNice Chairman	

4

SECTION

V

AGREEMENT BETWEEN THE NORTH POWERLINE ROAD COMMUNITY DEVELOPMENT DISTRICT AND WOOD & ASSOCIATES, LLC FOR PROFESSIONAL ENGINEERING SERVICES

THIS AGREEMENT ("Agreement")

January, 2019, by and between:

is

made and entered into as

of

this

~day

of

North	Powerline  Road	Community  Development	District,

a	local	unit

of

	special-purpose  government  established	pursuant	to	Chapter   190,	Florida				
	Statutes,  and  located  pai1ially within									
		unincorporated  Polk County,  Florida and				
									
	partially within the City of Davenp011, Florida, and with a mailing address of 135				
	West Central Boulevard, Suite 320, Orlando, Florida 32801 (the "District"); and				
	Wood & Associates Engineering, LLC, a Florida limited liability company, and				
	with  a  principal	address	of	1925	Bartow  Road,  Lakeland,  Florida  3380 I				
	("Engineer").								
													
				RECITALS							
	WHEREAS,  the	District	is	a  local  unit	of special-purpose  government  established		
pursuant to the Uniform Conununity Development District Act	of 1980, as codified in	Chapter		
190,	Florida Statutes ("Uniform Act"), by ordinance of the Board of County Commissioners	in		
and for Polk County, Florida; and											

WHEREAS, the District is authorized maintain improvements, facilities and services within the District; and

to

in

plan, finance, construct, install, acquire and/or conjunction with the development of the lands

WHEREAS,  pursuant  to  Sections

solicited  statements  of qualification  from

services on a continuing basis; and

190.033 qualified

and  287.055,  Florida Statutes,

fil'ms  to  provide  professional

the District engineering

WHEREAS,

Engineer submitted

a

statement

of

qualification to serve in this capacity; and

WHEREAS, the  District's Board	of		
firm  to  provide  professional  engineering	Supervisors ranked  Engineer as the most qualified		
	services  for  the  District  on  a  continuing  basis  and		
authorized the negotiation of a contract pursuant to Section 287.055, Florida Statutes; and		
WHEREA.S, the District intends to employ Engineer to perfonn engineering, construction		
administration, environmental  management and  permitting,  financial  and  economic studies, as		
defined by a separate work authorization or work authorizations; and		

WHEREAS,  the	Engineer shall  serve as  District's		
			
service or project to which this Agreement applies and will		
District during perfonuance of these services.		

professional representative in give consultation and advice

each to the

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the acts and deeds to be perfonned by the parties and the payments by the District to the Engineer of the sums of money herein specified, it is mutually covenanted and agreed as follows:

A1·ticle 1.	Recitals.

reference are incorporated herein

The recitals stated above are trne and cmTect and and form a material pa11 of this Agreement.

by

this

A1·ticle

2.

Scope

of

Services

A.

B.

C.

The Engineer will provide general engineering services, including:			
I.	Preparation  of any  necessary rep011s  and  attendance  at  meetings  of	the		
				
	District's Board of Supervisors.				
2.	Providing  professional  engineering services  including  but  not  limited	to		
				
	review and execution of documents under the District's Trust Indentures		
	and monitoring of District projects. Performance of any other duties related		
	to the provision of				
		infrastructure and services as requested by the Board,		
	District Manager, or District Counsel.				
3.	Any other items requested by the Board of Supervisors.				
Engineer shall, when authorized by the Board, provide general services related	to		
construction of any District projects incl~1ding, but not limited to:				
I.	Periodic visits to the site, or full time construction management of District		
			
	projects, as directed by District.				
2.	Processing of contractor's pay estimates.				
3.	Preparation   of,   and/or   assistance   with   the   preparation   ot:   work		
			
	authorizations,  requisitions, change orders and acquisitions for review by		
4.	the District Manager, District Counsel and the Board.				
	Final  inspection and  requested certificates for construction  including the		
	final certificate of construction.				
5.	Consultation and advice during construction, including performing all roles		
			
	and actions required of any construction contract between District and any		
	contractor(s)  in  which  Engineer  is  named  as  owner's	representative  or		
	"Engineer."				
6.	Any other activity related to construction as authorized by	the Board.			
With respect to	maintenance of the facilities, Engineer shall render such services as		
				
authorized by the Board.				

Article 3.	Method of Authorization.	Each service or project shall	be authorized	in	
writing by the District.  The written authorization shall be incorporated in a work authorization	
which shall include the scope of work, compensation, project schedule, and special provisions	or	
conditions  specific	to	the  service	or	project	bring  authorized   ("Work	Authorization").	
Authorization of services or projects under the contract shall be at the sole option of the District.		

2

Article 4.		Compensation.	It	is	understood	and	agreed  that  the  payment	of		
compensation for	services under this Agreement shall be stipulated in each Work Authorization.		
One of the following methods will be utilized:							
A.		Lump	Sum Amount - The District and Engineer shall mutually agree to a	lump		
sum amount for	the services to	be	rendered payable monthly in direct prop011ion to	the		
work  accomplished.   For  any  lump-sum  or  cost-plus-a-fixed-fee  professional  service		
contract over	the threshold  amount  provided  in Section 287.017,  Florida Statutes,	for		
CATEGORY  FOUR,  the  District  shall  require  the  Engineer  to  execute  a  truth-in-		
negotiation	certificate stating that wage rates and other	factual  unit costs suppmting	the		
compensation are accurate,				the time of contracting. The price	for		
						complete, and current at				
any lump sum Work Authorization,	and	any additions thereto, wiJI be adjusted to exclude		
any	significant	sums  by  which  the  District  determines  the  Work  Authorization	was		
increased due	to	inaccurate, incomplete, or noncurrent wage rates and other factual	unit		
costs.	All such adjustments must	be	made within one (I) year following the completion of		
the work	contemplated by the lump sum Work Authorization.				

B.	Hourly Personnel Rates - For services or	projects where scope	of se1vices is	
clearly defined, or			
	recurring services or other projects where the District desires to use	
hourly  compensation  rates  outlined  in  Schedule	A  attached  hereto.	The  District	
Engineer may agree to a "not to exceed" amount when utilizing hourly pers01mel rates	
a speci fie work authorization.			

not the and for

Al'ticle 5.	Reimbursable	Expenses.

expenditures made by Engineer, its employees, or the incidental expenses as listed as follows:

Reimbursable its consultants in

expenses	consist	of	actual

the interest of the project for

A.	Expenses of transportation and living when traveling in c01mection with a project,	
for  long distance  phone	calJs	and	telegrams,  and	fees	paid  for  securing  approval  of	
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.

A1·ticle 6,	Tel'm of Contract.	It

engineering services. It is further understood from the time of execution of this Agreement

is understood and agreed and agreed that the term until terminated pursuant

that this Agreement is of this Agreement will to Article 22.

for be

A1·ticle 7.	Special	Consultants.

additional special consulting services may be

When utilized by

authorized	in
Engineer and

writing by the District, paid for on a cost basis.

Al'ticle 8.	Bool<s and  Records.	Engineer shall maintain comprehensive books	and	
records  relating	to	any services performed  under this Agreement,  which shall	be retained	by	
Engineer	for  a	period  of at  least  four  (4)  years  from  and  after  completion	of any  services	
hereunder, or such further time as required under Florida's public records law.  The District, or its	
authorized	representative, shall have the right to audit such books and records at all reasonable	
times upon prior notice to Engineer.				

3

A1·ticlc 9.

Ownership

of

Documents.

A.	All  rights	in  and  title  to  all  plans,  drawings,  specifications,  ideas,	concepts,		
designs,  sketches,  models,  programs,  software,  creation,  inventions,  rep011s,	or	other		
tangible work product originally developed by Engineer pursuant to this Agreement (the		
"\\Tork Product") shall be and remain the sole and exclusive property of the District when		
developed and shal I be considered work	for hire.					
B.	The  Engineer  shall  deliver  all	Work  Product  to  the  District  upon  completion		
thereof unless	it	is  necessary  for  Engineer  in  the  District's  sole  discretion,  to  retain		
possession  for	a	longer period of time.	Upon  early termination of Engineer's services		
hereunder, Engineer shall deliver all  such Work Product whether complete or	not.	The		
District shall have all rights to use any and all Work Product.  Engineer shall retain copies		
of	the Work  Product for  its permanent records,  provided the  Work Product  is not  used		
without the District's prior express written consent.  Engineer agrees not to recreate any		
Work Product	contemplated by this Agreement, or p01tions thereot: which	if constructed		
or otherwise					
	materialized, would be reasonably identifiable with the Project.	ff said Work		
					
Product is used by the District for any purpose other than that purpose which is intended		
by  this Agreement,  the  District shall  indemnify  Engineer  from  any and  all  claims and		
liabilities which may result from such re-use, in the event Engineer does not consent to		
such use.									

C.	The District exclusively retains all manufacturing rights to all materials or designs

developed  under  this  Agreement.	To  the  extent  the  services  performed  under  this		
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.  Engineer hereby		
			
assigns to the District any and all rights 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 right to direct		
and supervise the preparation of such copyrightable or patentable materials or designs.		

Article JO.

provided hereunder

be available to the

agreeable times.

Accounting  Records.	Records  of  Engineer  pertaining	to	the

shall be kept on a basis of generally accepted accounting principles

District or its authorized representative for observation or audit at

services and shall mutually

Article 11.	Independent Contractor.  Engineer and District agree that Engineer is and		
				
shall  remain  at  all  times  an  independent  contractor  and  shall  not  in  any  way  claim  or  be		
considered	an employee of the  District.   Engineer shall not have authority  to  hire  persons as		
employees	of the District.		

Article 12.	Reuse	of	Documents.	All	documents   including	
specifications furnished by Engineer pursuant to this Agreement are instruments	
are not intended or represented to be suitable for reuse	by the District or others	
the  work  for which  they  were  provided or on  any other project.   Any  reuse	

drawings and of service. They on extensions of without specific

4

written  consent  by  Engineer  will  be

exposure to Engineer.	All documents

Engineer to District are subject to reuse

at  the	District's  sole  risk  and  without	liability  or  legal		
				
including drawings, plans and specifications furnished by		
in		Florida SWlutes.		
accordance with Section 287.055(10),			

Al'ticle 13.	Estimate of	Cost.	Since Engineer has no control over the cost	of	labor,		
materials  or	equipment  or  over	a  contractor's(s')	methods  of  determining  prices,	or	over		

competitive  bidding or market conditions,  his opinions of	probable cost  provided as	a service		
hereunder are to be made on the basis of his experience and				
	qualifications and represent his best		
judgment as								
	a design professional familiar with the construction industry, but  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  construction  cost  within  any  limitation  established  by  the		
District will be considered additional services and justify additional fees.				

Al'ticlc 14.

the performance of following:

lnsm·ance.	Engineer shall, at its own	expense, maintain insurance during		
its services under this				
	Agreement,  with  limits	of liability not  less than the		

Workers' Compensation	Statutory	
General Liability		
Bodily Injury	$1,000,000/$2,000,000	
(including Contractual)		
Property Damage	$1,000,000/$2,000,000	
(including Contractual)		
Automobile Liability	Combined Single Limit $500,000	
Bodily Injury/ Property Damage		
Professional Liability for		
Errors and Omissions	$1,000,000	

	The District, its officers, supervisors, agents, staff: and representatives shall be named as		
additional  insured  parties  (except  on  Profossional  Liability  for  Errors  and  Omissions).	The		
Engineer shall furnish the District with the Certificate of	Insurance evidencing compliance with		
the	requirements							
		of this Article. No certificate shall be acceptable to the District unless it provides		
				
that any change	or	termination within the policy periods of the insurance coverage, as certified,		
shall not be	effective within thirty (30) days of prior written notice of cancellation to the District.		
Insurance coverage shall be from a reputable	insurance carrier, licensed to conduct business in the		
state of Florida.						
									
any	Article 15.	Contingent Fee.	Engineer wanants	that it has not employed or retained		
	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,		

5

any fee, commission, percentage, gift, or other consideration contingent upon or resulting from		
the award or making of this Agreement.					
Article 16.	Audit.	Engineer agrees  that  the  District  or  any  of	its	duly	authorized		
representatives shall,  until  the  expiration of three  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 the Agreement.  Engineer agrees that payment made		
under the 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		
years after completion of	all work under the Agreement.					
A1·ticle 17.	Indemnification.  Engineer shall indemnify, defond, and hold hannless the		
District, and the District's officers, employees and staff, wholly from liabilities, damages, losses,		
and costs	of any kind, including, but not limited to, reasonable attorneys' fees, which may come		
against  the  District  and  the  District's  officers,  employees,  and  staff to  the  extent  caused  by		
negligent,	reckless,	or	intentionally  wrongful  acts  or  omissions  by the  Engineer	or  persons		
employed						
	or utilized by Engineer in the course of any work done in connection with any of the		
matters  set  out  in	this  Agreement.  Engineer  agrees  and  covenants  that  nothing  herein  shall		
constitute or be construed as a waiver of the District's sovereign immunity pursuant to Section		
768.28, Florida Statutes,	or any other statute or law.					

Article

18.

Com1>liance

with	Public	Records	Laws.

Engineer	understands	and

agrees that all documents of any kind provided to the District in connection with this Agreement		
may be public records, and, accordingly, Engineer agrees to comply with all applicable provisions		
of Florida law	in handling such records, including but not limited to Section  119.0701, Florida		
Statutes. Engineer	acknowledges that the designated public records custodian for the District is		
Jill Burns ("Public Records Custodian").  Among other requirements and to the extent applicable		
by law, the Engineer shall I) keep and maintain 1>ublic	records required by the District to perform		
the  service;  2)  upon  request  by  the  Public  Records  Custodian,  provide  the  District with  the		
requested public records or allow the records to be inspected	or copied within a	reasonable time		
period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure		
that public records which are exempt or confidential, and exempt from public records disclosure		
requirements, are not disclosed except as authorized by law for the duration of the contract term		
and following the contract tenn if the Engineer does not transfer the records to	the Public Records		
Custodian of the District; and 4) upon completion of	the contract, transfer to	the District, at no		
cost, all  public records in 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.							
IF ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF		
CHAPTER	119,	FLORIDA   STATUTES,	TO	ENGINEER'S	DUTY	TO		
PROVIDE   PUBLIC   RECORDS   RELATING   TO   THIS   CONTRACT,		

6

CONTACT	THE	PUBLIC	RECORDS	CUSTODIAN	AT	1-407-841-5524,

JBURNS@GMSCFL.COM, OR 135 WEST CENTRAL BOULEYARD, SUITE 320, ORLANDO, FLORIDA 32801.

Article 19. Employment Verification. Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement.

Article 20. Controlling Law; Jurisdiction and Venue. Engineer and the District agree that this Agreement shal1 be controlled and govemed by the laws of the State of Florida. Jurisdiction and venue for any proceeding with respect lo this Agreement shall be in Polk County, Florida.

A1·ticle 21. 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 Engineer deems appropriate, pursuant to the terms of this Agreement.

Article 22. Termination. The District may terminate this Agreement for cause immediately upon notice to Engineer. The District or the Engineer may terminate this Agreement without cause upon thirty (30) days written notice. At such time as the Engineer receives notification of the intent of the District to terminate the contract, the Engineer shall not perform any further services unless directed to do so in writing by the District. In the event of any termination or breach of any kind, the Engineer shall not be entitled to consequential or other damages of any kind (including but not limited to lost profits), but instead the Engineer's sole remedy will be to recover payment for services rendered to the date of the notice of termination, subject to any offsets.

At·ticle 23. Notices. All notices, requests, consents and other communications under this Agreement (''Notices") shall be in writing and shall be delivered, transmitted by electronic mail (e-mail) and mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to the District:	North Powerline Road

Community Development District

c/o Governmental Management Services -

Central Florida, LLC

135 West Central Boulevard, Suite 320

Orlando, Florida 3280 I

Attn: District Manager

With a copy to:	Hopping Green & Sams, P.A.

119 South Monroe Street, Suite 300 (32301)

Post Oflice Box 6526

Tallahassee, Florida  32314

Attn:	Roy Van Wyk

7

If

to Enginee1·:

Wood & Associates Engineering, LLC

I 925 Ba11ow Road

Lakeland, Florida 3380 I

Attn:	Dennis Wood

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States govenunent shalJ not be regarded as business days. Counsel for District and counsel for Engineer may deliver Notice on behalf of District and Engineer, respectively. 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 pa11ies and addressees set forth herein.

Article 24.	Recovery  of Costs  and

enforce this  Agreement  by court  proceedings

entitled to recover from the other party all costs

Fees.	In  the  event  either  party  is  required

or otherwise,  then  the  prevailing  party  shall

incurred, including reasonable attorneys' tees.

to be

A1·ticle 25.	Compliance with Professional Standards.	In perfonning its obligations	
under this Agreement, the Engineer and each of its agents, servants, employees or anyone directly	
or indirectly employed by Engineer, shall maintain the highest standard of cal'e, skill, diligence	
and professional competency for such work and/or services.  Any designs, drawings, rep011s or	
specifications prepared or furnished  by the Engineer that contain errors, conflicts or omissions	
will be promptly corrected by Engineer at no cost to the District.		

the

Article 26.	Acceptance.

authorized representative of the

Acceptance District and

of the

this Agreement is indicated by the signature Engineer in the spaces provided below.

of

[Remainder

of

Ihis

page

le.fi

intentionally

blank]

8

IN \VJTNESS WHEREOF, day and year first above written.

ATTEST:

the parties hereto have caused these present to  be executed the

NORTH POWERLINE ROAD

COMM UNIT\'DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

WITNESS:

Witness

Chairperson, Board of Supervisors		
Woon & ASSOCIATE:S ENGINEERING, LLC, a		
Florida limited liability company		
JJ-	/		
			
By: De1mis Wood			
Its: Manager			

Schedule A -

Rate Schedule

9

Schedule "A"

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	

IO

SECTION

VI

SECTl·ON

C

SECTION

1

Bank

General Fund

North Powerline Road

Community Development District

Summary of Checks

November 29, 2018 to January 29, 2019

Date	Check No.'s

12/18/18	15

$

$

$

Amount

309.16		
309.16		
309.16	I	

AP300R				YEAR-TO-DATE	ACCOUNTS  PAYABLE	PREPAID/COMPUTER	CHECK	REGISTER		
*** CHECK										
	DATES	11/29/2018	-	01/29/2019  ***						
					N  POWERLINE	RD  -	GENERAL				
					BANK  A NORTH	POWERLINE  RD				

CHECK	VEND#	.•••• INVOICE ••••..••EXPENSED	TO...			VENDOR  NAME	STATUS		
DATE		DATE	INVOICE	YRMO	DPT	ACCT#	SUB	SUBCLASS				
												
12/18/18	00012	11/28/18	L060GOIO	201811	310-51300-48000			*		
			NOT  OF  MTG  12/5/18							
					THE	LEDGER/	NEWS  CHIEF			

RUN	1/29/19	
	AMOUNT	
	309.16	

PAGE	1

.••• CHECK ••••.
AMOUNT	#

309.16	000015

TOTAL	FOR	BANK  A	309.16	
TOTAL	FOR	REGISTER	309.16	

NPRC

NORTH

POWER

LI

KCOSTA

SECTION

2

•

•

•

•	•

•

•

•

•

•

•

•

•
•

•••••

•
•

NORTH

POWERLINE

ROAD

Community

Development

District

Unaudited Financial Reporting

December 31, 2018

•

•	•	•	•

•	•

•	•	•	•	•	•	•	•

Table of Contents

1	Balance Sheet

2	General Fund Income Statement

3	Capital Projects Fund Income Statement

4	Month to Month

5	Developer Contribution Schedule

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

BALANCE SHEET

December 31, 2018

ASSETS:

CASH

OPERATING ACCOUNT

DUE FROM DEVELOPER

TOTAL ASSETS

LIABILITIES:

ACCOUNTS PAYABLE

CONTRACTS PAYABLE

FUND EQUITY:

FUND BALANCES:

UNASSIGNED

RESERVED FOR CAPITAL PROJECTS

TOTAL  LIABILITIES & FUND EQUITY

General	capital Projects

Fund	Fund

$7,014		
$20,000	$18,804	
$27,014	$18,804	
$6,917		
	$18,804	

$20,097		
	$0	
$27,014	$18,804	

Totals

FY18

$7,014

$38,804

$45,819

$6,917

$18,804

$20,097

$45,819

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

GENERAL FUND

Statement of Revenues & Expenditures

For The Period Ending December 31, 2018

ADOPTED	PRORATED BUDGET
BUDGET	THRU 12/31/2018

ACTUAL
THRU 12/31/2018

VARIANCE

REVENUES:

DEVELOPER CONTRIBUTIONS

INTEREST

TOTAL REVENUES	
EXPENDITURES:		
ADMINISTRATIVE:	
SUPERVISORS FEES	
D&O INSURANCE		
TRUSTEE SERVICES	
DISTRICT MANAGEMENT	
ENGINEERING		
DISS EM INATION	AGEITT	
DISTRICT COUNSEL	
AUDIT			
TRAVEL& PER DIEM	
CONFERENCE CALLS	
POSTAGE & SHIPPING	
COPIES		
OFFICE SUPPLIES		
LEGAL	ADVERTISING	
MISCELLANEOUS		
WEBSITE MAINTENANCE	
DUES, LICENSES, & FEES	
BANK FEES		
TOTAL ADMINISTRATIVE:	
OPERATION & MAINTENANa:	
LANDSCAPING MAINTENANCE	
POND MAIITTENANCE	
GENERAL INSURANCE	
TOTAL	OPERATIONS & MAINTENANCE	
TOTAL	EXPENDITURES	
EXCESS REVENUES (EXPENDITURES)	
FUND BALANCE·	BEGINNING	
FUND BALANCE·	ENDING	

$180,000	$45,000	$20,000	
$0	$0	$1	
$180,000	$45,000	$20,001	

$6,000	$1,500	$600		
$3,000	$3,000	$2,250		
$6,000		$0	$0		
$20,000	$5,000	$8,750		
$15,000	$3,750	$0		
$5,000		$0	$0		
$25,000	$6,250	$3,275		
$6,000		so	$0		
					
$500	$125	$0		
$200		$50	$0		
$300		$75	$1		
					
$500	$500	$1		
				
$0		$0	$0		
$8,000	$2,000	$309		
$1,100	$275	$0		
$2,900	$725	$375		
$250	$250	$175		
$250		$63	$0		
$100,000	$23,563	$15,735		
$65,000	$16,250	$0		
$12,000	$3,000	$0		
$3,000	$3	,000	$2,750		
					
$80,000	$22,250	$2,750		
$180,000	$45,813	$18,485		
$0			$1,516		
$0			$18,581		
$0			$20,097		

($25,000)

$1

($24,999)

	$900	
	$750	
		$0	
($3,750)	
$3,750	
		so	
$2,975	
		$0	
$125	
		$50	
		$74	
$499	
		($0)	
$1	,691	
$275	
$350	
		$75	
		$63	
$7,827	
$16,250	
$3	,000	
$250	
$19,500	
$27,327	

2

REVENUES:

NORTH POWERLINE ROAD

COMMUNITY DEVELOPMENT DISTRICT

CAPITAL PROJECTS FUND

Statement of Revenues & Expenditures

For The Period Ending December 31, 2018

ADOPTED	PRORATED BUDGET

BUDGET	THRU 12/31/2018

ACTUAL

THRU 12/31/2018

VARIANCE

DEVELOPER CONTRIBUTIONS

TOTAL REVENUES

EXPENDITURES:

CAPITAL OUTLAY

TOTAL EXPENDITURES

EXCESS REVENUES (EXPENDITURES)

FUND BALANCE - BEGINNING

FUND BALANCE - ENDING

$0	$0	$0		
$0	$0	$0		
$0	$0	$0		
$0	$0	$0		
$0		$0		
$0		$0		
$0		$0		

$0

$0

$0

$0

3

~	
DEVELOPER CONTRIBUTIONS	
INTEREST	
TOTAL	REVENUES	
EXPENDITURES·	
ADMINISTRATIVE·	
SUPERVISORS FEES	
D&O INSURANCE	
TRUSTEE SERVICES	
DISTRICT MANAGEMENT	
ENGINEERING	
DISSEMINATION AGENT	
DISTRICT COUNSEL	
AUDIT			
TRAVEL & PER DIEM	
CONFERENCE CALLS	
POSTAGE & SHIPPING	
COPIES		
OFFICE	SUPPLIES	
LEGAL	ADVERTISING	
MISCELLANEOUS	
WEB SITE MAINTENANCE	
DUES,	LICENSES, & FEES	
BANK	FEES	
TOTAL	AOMINISTRATIVE	
OPERATl!l/Y, f! !l/!lll/llJINllt,1,['	
CONTRACT SERVICES	
LANDSCAPING MAINTENANCE	
POND MAINTENANCE	
GENERAL INSURANCE	
TOTAL	OPERATION & MAINTENANCE	
TOTAL	EXPENOITURES	
EXCESS REVENUES/(EXPENOITURES)	

	Oct		Nov	Dec		
	$0		$0	$20,000		
I	$0		$0	$0		
	50		so	$20,000		
						
	$0		$0	$600		
	$2,250		$0	$0		
	$0		$0	$0		
	$2,917	$2,	917	$2,917		
	$0		$0	$0		
	$0		$0	$0		
	$612	$321	$2,342		
	$0		$0	$0		
	$0		$0	$0		
	$0		$0	$0		
	$0		$0	$1		
	$0		$1	$0		
	$0		$0	$0		
	$0	$309	$0		
	$0		$0	$0		
	$12S	$125	$12S		
	$175		$0	$0		
	$0		$0	$0		
I	$6,078	$3,673	$5,984		
	$0		$0	$0		
	$0		$0	$0		
	$2,7SO		$0	$0		
I	$2,750		$0	$0		
I	$8,828	$3,673	$5,984		
'	ISB,828!	!$3,672)	$14,016		

NORTH POWERLINE ROAD		
Community Development	District		
Jan	Feb	March	April	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	;o	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	
$0	$0	$0		$0	

May

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

June

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

July

$0

$0

50

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

so

so

$0

$0

$0

$0

$0

$0

$0

$0

$0

Au!

$0

$0

~o

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

Sept

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

$0

Total		
$20,000		
$1		
$20,001	I	
$600		
$2,250		
so		
$8,750		
$0		
$0		
$3,275		
$0		
$0		
$0		
$1		
$1		
$0		
$309		
$0		
$375		
$175		
$0		
$15,735 1	
$0		
$0		
$2,750		
$2 750		
s1s,4ss	1	
$1,516	1	

4

Funding

Request

#

FY18-1

2

FY19-01

BVl

Prepared

Date

6/5/18

9/21/18

12/12/18

12/12/18

North Powerline Road Community Development District						
	Developer Contributions/Due from Developer							
Payment				Total		General	Capital Projects		General	Over and		
Received	Check/Wire		Funding		Fund		Fund		Fund	(short)		

Date		Amount		Request	Portion {FY18)	Portion { FY18)	Portion (FY19)	Balance Due		
10/11/18	$	25,000.00	$	25,000.00	$	25,000.00	$	-	$		$		
													
10/11/18	$	20,000.00	$	20,000.00	$	20,000.00	$	-	$	-	$		
	$	-	$	20,000.00	$	-	$	-	$	20,000.00	20,000.00		
													
	$	-	$	18,804.36	$	-	$	18,804.36	$	-	18,804.36		

[oue from Developer

Total  Developer Contributions FY19

s

4s,ooo.oo

s

s3,so4.36

s

4s,ooo.oo

s

1s,so4.36

s

$

20,000.00

20,000.00

s

38,804.36

I

5