Davenport Road South Community Development District Agenda January 18, 2024 Thursday Holiday Inn Winter Haven January 18, 2024 200 Cypress Garden Blvd 10:30 a.m. Winter Haven, Florida 1. Roll Call 2. Public Comment Period 3. Approval of Minutes of the October 19, 2023 Board of Supervisors Meeting 4. Ratification of License Agreement for Holiday Party 5. Ratification of Data Sharing and Usage Agreement with Polk County 6. Consideration of Proposals for Stormwater Pipe Repairs A. Aquagenix B. AllTerrain C. Cloud9 D. Aqualis 7. Staff Reports A. Attorney B. Engineer C. Field Manager’s Report D. District Manager’s Report i. Approval of Check Register ii. Balance Sheet & Income Statement 8. Other Business 9. Supervisors Requests and Audience Comments 10. Adjournment MINUTES OF MEETING DAVENPORT ROAD SOUTH COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Davenport Road South Community Development District was held Thursday, October 19, 2023, at 10:31 a.m. at the Lake Alfred Library, 245 N. Seminole Ave, Lake Alfred, Florida and by Zoom Webinar. Present and constituting a quorum: Adam Rhinehart joined late Chairman Lindsey Roden Vice Chairperson Bobbie Henley Assistant Secretary Jessica Petrucci Assistant Secretary Kristin Cassidy Assistant Secretary Also present were: Tricia Adams District Manager, GMS Meredith Hammock District Counsel, KVW Law Marshall Tindall Field Services, GMS FIRST ORDER OF BUSINESS Roll Call Ms. Adams called the meeting to order and called the roll. There were four Board members in attendance constituting a quorum. SECOND ORDER OF BUSINESS Public Comment Period Ms. Adams stated that there were no members of the public present and there were no members of the public in attendance on the Zoom line. FOURTH ORDER OF BUSINESS Approval of Minutes of the August 17, 2023 Board of Supervisors Meeting Ms. Adams presented the minutes from the August 17, 2023 Board of Supervisors meeting. She noted the draft minutes are included on page six of the agenda packet and have been reviewed by District Management and District Counsel. If there are no corrections from Board members, staff is seeking a motion to approve. On MOTION by Ms. Henley, seconded by Ms. Roden, with all in favor, the Minutes of the August 17, 2023 Board of Supervisors Meeting, were approved 4-0. FOURTH ORDER OF BUSINESS Consideration of Dewberry Work Authorization for Fiscal Year 2024 Engineering Services Ms. Adams stated there is a Dewberry Work Authorization for Fiscal Year 2024 which is for general engineering services and memorializing the fee schedule that is attached to the work authorization on page 13 with the fee schedule on page 15. On MOTION by Ms. Cassidy, seconded by Ms. Roden, with all in favor, the Dewberry Work Authorization for Fiscal Year 2024 Engineering Services, was approved 4-0. FIFTH ORDER OF BUSINESS Consideration of Fiscal Year 2023 Audit Engagement Letter from Grau & Associates Ms. Adams stated the Board has a multi-year audit service agreement with Grau & Associates. This would be the audit engagement letter for the fiscal year that ended September 30, 2023. She noted it is included in the agenda packet on page 20 and the amount is $4,300 which is in accordance with your audit agreement as well as your FY2024 adopted budget. On MOTION by Ms. Roden, seconded by Ms. Petrucci, with all in favor, the Fiscal Year 2023 Audit Engagement Letter from Grau & Associates, was approved 4-0. SIXTH ORDER OF BUSINESS Consideration of Resolution 2024-01 Amending the Fiscal Year 2023 Budget Ms. Adams stated this is the audit amendment resolution. The District is required to undergo a process whereby the Board amends the budget if the expenditures exceed a certain amount compared to the adopted budget and are required to do this within 60 days of the end of the fiscal year. She stated in the agenda packet is the resolution walking the Board through the amended budget and showing a balanced budget. The amended budget for FY23 is the second to last column and we balanced out the total revenues as well as expenditures and noted where there were increases or decreases compared to the adopted budget. She stated this is a standard statutory compliance matter. She asked for any questions. On MOTION by Ms. Henley seconded by Ms. Roden, with all in favor, Resolution 2024-01 Amending the Fiscal Year 2023 Budget, was approved 4-0. SEVENTH ORDER OF BUSINESS Staff Reports A. Attorney Ms. Hammock stated she has no report but would be happy to answer any questions. B. Engineer Ms. Adams stated there would be no Engineer’s Report. *Mr. Rhinehart joined the meeting at this time. C. Field Manager’s Report i. Consideration of Janitorial Contract Mr. Tindall stated they are focused on getting the amenity ready for the holidays doing regularly scheduled services like cleaning the furniture, assessing it for any damages, cleaning the shade structure, and maintenance staff repaired two items in the restrooms. He stated the previously approved pool services are going to increase at the first of the year. He noted he would also recommend within the budget that the janitorial service takes over all trash. The dog waste station would then be emptied twice a week and bags restocked versus once every week. He noted the CSS proposal maintains their current rate $500 a month for cleaning three days a week and will continue to empty the pool garbage cans twice a week as per contract and would be adding two dog waste stations and the two garbage cans at the playground and pavilion. The new contract increased the total to $900 a month or $10,800 per year and the current budget is $11,650 for janitorial. On MOTION by Ms. Henley seconded by Ms. Cassidy, with all in favor, the Janitorial Contract, was approved 5-0. ii. Consideration of Stormwater Pipe Repair Proposal Mr. Tindall stated the landscaping looks good. There are some plants that have not done well at the endcaps so he will meet with the landscaper to discuss some replacements within budget hopefully before the holiday season. The palm removal at the pool was delayed slightly as we are trying to wait until the off season and the pool won’t be affected while closed. He noted stormwater items are complete. The drains are clear from any blockages or sediment. He noted the torn chairs were removed and we plan to get them reslung with the previous vendor within the maintenance budget and do that over the holiday season/winter. He noted he is still waiting on proposals to come through for the stormwater pipe that needs to be repaired. He noted it is believed that Duke Energy may have been the cause of the damage originally, but he has contacted them, and they are still investigating. He stated he has reached out for estimates on the repair and should have those by the next meeting. Ms. Adams noted to the Board that it’s likely the damage was caused by the utility service provider Duke, so it would be worthwhile to direct District Counsel to put in a demand that they pay for the cost of repair, if not facilitate the whole repair. She noted they are still gathering information. Ms. Hammock noted she could send a notice letter letting Duke know at the conclusion of the investigation if it is determined that it is their fault that damage occurred, the District would seek compensation from them. Ms. Adams stated if there is consensus from the Board for the current action items, staff will continue to pursue proposals for repair and bring those back to the next meeting or if in-between meetings, they can confer with the Chair regarding the competitive proposals to see which one would be approved and ratified at a later meeting. She noted they will supply all necessary information to District Counsel in order to put Duke on notice that they will be seeking compensation. She asked if the Board would want the District Engineer to come out and prepare a report as well to have on file? Mr. Rhinehart stated he didn’t think so yet but is something we would need to do if Duke resists taking responsibility. He asked what kind of damage this has caused, just making sure further damage is not being done by the problem not being resolved. Mr. Tindall stated the water is still flowing without affecting the streets. D. District Manager’s Report i. Approval of Check Register Ms. Adams presented the check register on page 43 of the agenda packet from July 1st through September 30th, 2023 totaling $81,350.51. She noted immediately following the check register is a detailed run summary. On MOTION by Mr. Rhinehart, seconded by Ms. Petrucci, with all in favor, the Check Register totaling $81,350.51, was approved 5-0. ii. Balance Sheet and Income Statement Ms. Adams presented the balance sheet and income statement through September 30th. These are the unaudited financials for the entire fiscal year. She noted the Board has done a great job controlling expenses. She stated of note, there was a transfer out to capital reserves that did occur this fiscal year. No Board action is required. EIGHTH ORDER OF BUSINESS Other Business There being no comments, the next item followed. NINTH ORDER OF BUSINESS Supervisors Requests and Audience Comments There being no comments, the next item followed. TENTH ORDER OF BUSINESS Adjournment Ms. Adams adjourned the meeting. On MOTION by Mr. Rhinehart, seconded by Ms. Petrucci, with all in favor, the meeting was adjourned. Secretary/Assistant Secretary Chairman/Vice Chairman LICENSE AGREEMENT BY AND BETWEEN DAVENPORT ROAD SOUTH COMMUNITY DEVELOPMENT DISTRICT AND ORCHID GROVE HOMEOWNERS ASSOCIATION, INC. REGARDING THE USE OF CERTAIN DISTRICT PROPERTY THIS NON-EXCLUSIVE, REVOCABLE LICENSE AND INDEMNIFICATION AGREEMENT (“License Agreement”) is made and entered into this ___ day of November, 2023, by and between: DAVENPORT ROAD SOUTH COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, with a mailing address of c/o District Manager, Governmental Management Services – Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801 (“District”), and ORCHID GROVE HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, with a mailing address of 4110 S. Florida Avenue, Suite 200, Lakeland, Florida 33813 (“Licensee” and together with the District, “Parties”). RECITALS WHEREAS, the District is a special-purpose unit of local government established pursuant to and governed by Chapter 190, Florida Statutes; and WHEREAS, the District owns, operates, and maintains certain property designated as an amenity center located at 940 Orchid Grove Boulevard, Davenport, Florida 33837 (“Amenity Center”), as shown on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, Licensee approached the District and desires to make use of the Amenity Center and adjacent parking lot (“License Area”) for hosting an event for District residents and their guests on December 17, 2023 (“Event”); and WHEREAS, the District is willing to allow the Licensee and its volunteers and vendors to make use of the License Area for the Event, provided that such use does not impede the District’s operation of the License Area as a public improvement and so long as the terms and conditions set forth herein are met; and WHEREAS, the District has determined that providing the Licensee with the ability to use the License Area is a benefit to the District, is a proper public purpose, and makes appropriate use of the District’s public facilities; and WHEREAS, the District does not warrant that the License Area is suitable or fit for purposes requested by Licensee, but Licensee does believe it to be fit and suitable for Licensee’s Event and Licensee acknowledges and understands that the District provides no warranties whatsoever; and WHEREAS, the District and the Licensee warrant and agree that they have all rights, power, and authority to enter into and be bound by this License Agreement. NOW, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: 1. INCORPORATION OF RECITALS. The Recitals stated above are true and correct and are incorporated herein as a material part of this License Agreement. 2. GRANT OF LICENSE. The District hereby grants to the Licensee a non-exclusive, revocable to use the License Area for the Event (“License”). In consideration for use of the License Area, Licensee agrees to the following conditions: A. Licensee’s access is limited to the License Area as set forth in Exhibit A. No other use of or access to the District’s property is permitted. The District does not and cannot confer rights or interests in property outside of the License Area and makes no representations regarding the same. Licensee is solely responsible for obtaining consents and/or permits and meeting all regulatory requirements to utilize non-District property. B. Licensee’s access is limited to the Event taking place on December 17, 2023, which includes set-up and take-down. C. The Parties acknowledge that weather conditions may affect the use of the License Area at any given time. The District shall have the right, but not the obligation, to temporarily close the License Area on any given day due to inclement weather, including, but not limited to, rain, lightning, hail, and strong winds. Licensee shall abide by the decision of the District as to the closure of the License Area. Licensee shall be responsible for the safety of its employees, guests, invitees, agents, or participants during such times. D. Licensee’s use of the License Area shall be contemporaneous with the use of the License Area by Patrons of the District (as that term is defined in the District’s adopted Amenity Facilities Policies and Rates), and Licensee’s use shall not interfere with the operation of the License Area as a public improvement. E. Proper non-permanent signage regarding parking and other information may be used during the term of this License only. Said property shall be restored to the same or better condition after completion of the Event. F. Licensee shall be solely responsible for all preparations necessary for the Event to be held on the License Area. The District and the Licensee agree that all food, beverages, entertainment, security, parking, traffic control, crowd control, capacity determinations and personnel necessary for the Event shall be the sole responsibility of Licensee. Licensee understands and agrees that serving or selling of alcoholic beverages during the Event is strictly prohibited. G. If Licensee utilizes third-party vendors to provide food and/or beverages for the Event, Licensee shall confirm that the vendor(s) holds all required licenses and permits to sell such food and/or beverages and shall require vendors to provide license/permit numbers and copies of licenses to Licensee, including but not limited to: i. State of Florida Business Certificate. ii. Polk County Local Business Tax. iii. Food Handling Permit. iv. Food Establishment Permit. v. Mobile Food Permit. vi. Mobile Food Dispensing Vehicle License. vii. Agricultural Dealer’s License . viii. Other license or permit, as applicable. H. Licensee’s use of the License Area shall be subject to the policies and regulations of the District, including but not limited to the Amenity Facilities Policies and Rates, and Licensee acknowledges receipt of all such policies and rules. All promotional materials shall make clear that it is not a District sponsored or affiliated event. I. Licensee agrees to make every reasonable effort to ensure that District property, including the License Area, is not damaged or injured and agrees to assume full responsibility for the use of the License Area by its vendors, contractors, employees, agents, representatives, invitees or attendees during the preparations for, the conducting of, and the cleaning after the Event. i. Repair. Licensee agrees to maintain, restore, and repair, or cause to be maintained, restored or repaired, any District property which is damaged, destroyed, or otherwise impaired by Licensee’s employees, vendors, contractors, agents, representatives, invitees or attendees, incurred during, or as a result of, the preparations for, the conduct of, or the cleaning after the Event. ii. Cleaning. Licensee shall be responsible for the costs to clean up the License Area and adjacent District property, including but not limited to proper disposal of trash/debris. Licensee agrees to return the License Area to its pre-Event condition immediately following the Event, but in no event later than 12:00 p.m. on the immediately succeeding day. Any unattended property or personal belongings may be removed by District staff, with no liability for removing the same, if the same is not removed within twenty-four (24) hours following the Event. iii. District Evaluation. The District Manager, or his or her designee, may evaluate the License Area after the Event and shall notify Licensee of any cleaning, repair or other restoration deemed necessary as a result of, or arising out of, the event or due to failure by Licensee to comply with the provisions of this Agreement. If Licensee fails, after the notification, to timely perform such cleaning, repair or other restoration to the satisfaction of the District, the District Manager, or his or her designee, may perform, or cause to be performed, such cleaning, repair or other restoration to be made at Licensee’s cost, and such cost incurred by the District shall be reimbursed by Licensee upon demand by the District Manager. Such reimbursement shall be made as soon as possible, but in no even later than fourteen (14) days after the District Manager submits the reimbursement for costs. 3. EVENT INSURANCE. Licensee agrees to obtain and maintain commercial general liability insurance (“Event Insurance”) for use of the License Area during the Event. The Event Insurance shall, at minimum, provide one million dollars ($1,000,000) in commercial general liability coverage for each occurrence and shall name the District and its supervisors, officers, employees, agents, and representatives as additional insureds. Licensee agrees to furnish a certificate to the District showing compliance with this Section prior to the Event. Licensee understands and agrees that failure to provide a certificate of Event Insurance as required by this Section may cause the District to cancel the Event, without prior notice. 4. SUSPENSION, REVOCATION AND TERMINATION. The District and the Licensee acknowledge and agree that the License granted herein is a mere privilege and may be immediately suspended or revoked, with or without cause, at the sole discretion of the District. In the event the District exercises its right to suspend or revoke the License, the District shall provide Licensee written notice of the suspension or revocation, which shall be effective immediately upon receipt by Licensee of the notice. Licensee may terminate this License Agreement upon written notice to the District. 5. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. Licensee agrees to follow all Federal, State, County, City and District rules, policies and regulations when holding the Event and assumes all liability for any fines, notices, or violations the District receives as a result of the Event. This includes acquiring all the proper permits and documentation for the Event and complying with any relevant statutes, rules, ordinances, regulations or other laws. 6. INDEMNIFICATION. A. Licensee (individually and on behalf of all persons in attendance at the Event in any way related to Licensee), by virtue of his or her operation, organization, arrangement or sponsoring of the Event by the Licensee, agrees to defend, indemnify and hold harmless the agrees to defend, indemnify, and hold harmless the District and its supervisors, officers, agents, employees, successors, assigns, members, affiliates, or representatives from any and all liability, claims, actions, suits, liens, or demands by any person (including Event vendors and participants), corporation or other entity, for any injuries, sickness, disease, death, theft and real or personal property damage of any nature arising out of, or in connection with, the acts or omissions of Licensee (and his or her agents, employees, invitees, and business associates) in connection with the use of the District’s property and facilities, participation in the Event, or violation of any laws, rules, and regulations. Should Licensee or any Event vendor bring suit or any claim against the District or its respective officers, agents, staff, supervisors, members or employees in connection with the Event operated, organized, arranged or sponsored by the Licensee or any facility owned by the District, and fail to obtain judgment therein against the District or its respective officers, agents, staff, supervisors, members and employees, Licensee shall be liable to the District for all costs and expenses incurred by it in the defense of such suit (including, but not limited to, court costs and attorneys’ fees through all appellate proceedings, both in court and out of court). Provided, however, this indemnity excludes any claims or cause of action arising from or related to the District’s gross negligence or willful misconduct. Licensee further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28, Florida Statutes, or other statute, and nothing in this License Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law. B. Obligations under this License Agreement shall include, but are not limited to, all costs including the payment of all settlements, judgments, damages, liquidated damages, penalties, fines, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation and other related expenses, attorneys’ fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), and any interests accrued against the District. C. In the event that the District is required to enforce this License Agreement by court proceedings or otherwise, then the District shall be entitled to recover from Licensee all costs incurred, including reasonable attorneys’ fees. 7. ENFORCEMENT OF LICENSE AGREEMENT. A default by either party under this License Agreement shall entitle the other party to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief, and specific performance. Notwithstanding this, the Licensee’s right to recover damages from the District on any and all claims of any type shall be limited in all instances to no more than one hundred dollars ($100). 8. PUBLIC RECORDS. Licensee understands and agrees that all documents of any kind provided to the District in connection with this License Agreement may be public records, and, accordingly, Licensee agrees to comply with all applicable provisions of Florida law in handling such records, including, but not limited to, section 119.0701, Florida Statutes. Licensee acknowledges that the designated public records custodian for the District is Governmental Management Services – Central Florida LLC (“Public Records Custodian”). Among other requirements and to the extent applicable by law, Licensee shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Licensee 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 Licensee’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 Licensee, Licensee 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 LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO LICENSEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE PUBLIC RECORDS CUSTODIAN AT (407) 841-5524, RECORDREQUEST@GMSCFL.COM, OR 219 E. LIVINGSTON STREET, ORLANDO, FLORIDA 32801. 9. CONTROLLING LAW; VENUE; REMEDIES. This License Agreement and the provisions contained in this License Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. All actions and disputes shall be brought in the proper court and venue, which shall be Polk County, Florida. 10. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this License Agreement shall not affect the validity or enforceability of the remaining portions of this License Agreement, or any part of this License Agreement not held to be invalid or unenforceable. 11. NO TRANSFER OR ASSIGNMENT. The License shall be for the sole use by Licensee and shall not be assigned or transferred without the prior written consent of the District in its sole discretion. A transfer or assignment of all or any part of the License without such prior written consent shall be void. 12. ENTIRE AGREEMENT. This is the entire License Agreement of the Parties, and it may not be amended except in writing signed by both Parties. This License Agreement supersedes any prior License Agreement between the District and Licensee regarding the use of the License Area for the December 17, 2023, Event. [Signatures on the following page] Niki Johnson Community Association Manager IN WITNESS WHEREOF, the Parties execute this License Agreement the day and year first written above. DAVENPORT ROAD SOUTH COMMUNITY DEVELOPMENT DISTRICT _________________________________________ Chairperson, Board of Supervisors ORCHID GROVE HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation __________________________________________ By: