Midtown Improvement District
3501 Quadrangle Boulevard, Suite 270, Orlando, FL 32817; Phone: 407-723-5900

The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Midtown Improvement District (“District”), scheduled to be held at 3:30 p.m. on Tuesday, April 18, 2023, at Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

District Staff, please use the following information to join via the computer or the conference line: Phone: 1-844-621-3956	Computer: pfmgroup.webex.com    Participant Code: 796 580 192#
BOARD OF SUPERVISORS’ MEETING AGENDA

Organizational Matters
Roll Call to Confirm Quorum
Public Comment Period
Consideration of the Minutes of the March 21, 2023, Board of Supervisors’ Meeting

Business Matters
Review of Fiscal Year 2024 Operations & Maintenance Budget
Ratification of Payment Authorization Nos. 75 – 78
Recommendation of Work Authorization/Proposed Services (if applicable)
Review of District’s Financials

Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Construction Supervisor
Landscape Supervisor
Irrigation Supervisor
Supervisor Requests

Adjournment

Midtown Improvement District

Minutes of the March 21, 2023, Board of Supervisors’ Meeting

MIDTOWN IMPROVEMENT DISTRICT BOARD OF SUPERVISORS’ MEETING MINUTES

FIRST ORDER OF BUSINESS	Roll Call to Confirm a Quorum

The Board of Supervisors’ Meeting for the Midtown Improvement District was called to order on Tuesday, March 21, 2023, at 3:37 p.m. at the Courtyard Orlando Lake Nona, 6955 Lake Nona Blvd., Orlando, FL
32827.			
Present:			
Richard Levey Brent Schademan Damon Ventura Julie Salvo	Chairman Assistant Secretary Assistant Secretary Assistant Secretary		
Also Attending:			
Jennifer Walden	PFM	(via phone)	
Lynne Mullins	PFM		
Amanda Lane	PFM	(via phone)	
Jorge Jimenez	PFM	(via phone)	
Tucker Mackie	Kutak Rock		
Jeffrey Newton	Donald W. McIntosh Associates		
Larry Kaufmann	Construction Supervisor	(via phone)	
Matt McDermott	Construction Committee Member		
Samantha Sharenow	Berman		
Katie Harmer	Berman		

SECOND ORDER OF BUSINESS	Public Comment Period

Ms. Mullins called for public comments. There were no public comments.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the February 21, 2023, Board of Supervisors’ Meeting

The Board reviewed the minutes of the February 21, 2023, Board of Supervisors’ Meeting.

On motion by Mr. Schademan, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Midtown Improvement District approved the Minutes of the February 21, 2023, Board of Supervisors’ Meeting.

FOURTH ORDER OF BUSINESS	Ratification of Payment Authorization Nos. 72 – 74

Ms. Mullins noted that these Payment Authorizations have been approved and need to be ratified by the Board.

On motion by Mr. Schademan, seconded by Mr. Ventura, with all in favor, the Board of Supervisors for the Midtown Improvement District ratified Payment Authorization Nos. 72 – 74.

FIFTH ORDER OF BUSINESS	Recommendation of Work	
	Authorization/Proposed Services	
Mr. Kaufmann stated there were no Work Authorizations.	

SIXTH ORDER OF BUSINESS	Review of District’s Financials

Ms. Mullins noted these are the financials through the end of February. The District has spent $120,500.00 of the budget of just under $500,000.00, so the District has spent 24% of the adopted budget so far.

SEVENTH ORDER OF BUSINESS	Staff Reports

District Counsel –	No report.

District Manager –	No report.

District Engineer –	Mr. Newton reviewed the Construction Status Memorandum (Minutes
Exhibit A).

For Centerline Drive Segment F, the project is complete and has the final lift of asphalt. The City should provide the certificate of completion by mid- April. There are a couple Change Order requests which are being presented to the Poitras East CDD for this project.

For Centerline Drive Segments C &D, the Developer has asked the District to proceed with construction. It was previously bid but the District ended up rejecting all the bids as the Developer was not ready at that time. The current plans and permits encompass Segments B, C & D. The rebid would be limited only to Segments C & D and the turn lane improvements in Laureate Boulevard. Once the construction begins, there will be a construction plan revision to the City and permit modifications to DEP to remove Segment B from that work. Mr. Newton asked for authorization from the Board to direct District staff to advertise an invitation to bid for Centerline Drive Segments C & D.

On motion by Mr. Ventura, seconded by Ms. Salvo, with all in favor, the Board of Supervisors for the Midtown Improvement District approved District staff to advertise an invitation to bid for Centerline Drive Segments C & D.

Construction Supervisor –	No report.	
Landscape Supervisor –	No report.	
Irrigation Supervisor –	No report.	

EIGHTH ORDER OF BUSINESS	Supervisor Requests

There were no Supervisor requests.

NINTH ORDER OF BUSINESS	Adjournment

On motion by Mr. Schademan, seconded by Mr. Ventura, with all in favor, the March 21, 2023, Meeting of the Board of Supervisors for the Midtown Improvement District was adjourned.

Secretary/Assistant Secretary	Chair/Vice Chair

Minutes Exhibit A

MEMORANDUM

DATE:	March 21, 2023

TO:	Midtown Improvement District Board of Supervisors

FROM:	Donald W. McIntosh Associates, Inc.
District Engineer

RE:	Construction Contract Status

Dear Board Members,

Please accept this correspondence as a current summary of our construction contract status. Listed below by project is a brief summary of recent contract activity.

Centerline Drive Segment F – Jr. Davis Construction Company, Inc.:
(Note: this construction project is being managed by Poitras East CDD)

Construction Status: Project is substantially complete. The final lift of asphalt has been placed, storm repair videos have been received, and final project completion is currently anticipated by mid-April pending receipt of as-builts and other closeout documentation from the Contractor.

Change Order (C.O.) Status: As an informational item, the Contractor has submitted to the Poitras East CDD a change order request for diesel fuel price adjustments for October 2022 through March 2023 and for Segment E Asphalt Repairs, $14,948.83 of which is applicable to Centerline Drive Segment F ($9,398.83 for diesel fuel and $5,550.00 for asphalt repair). This amount will be applied to the Midtown Improvement District’s pay application for Centerline Drive Segment F. No action is required by this board.

Recommended Motion: None.

Centerline Drive Segments C & D:

Construction Status: The developer has asked that the District proceed with construction of Centerline Drive Segments C & D. This project was previously bid but the developer requested the District at that time delay construction, so all bids were rejected. The current plans and permits encompass Centerline Drive Segments B, C, & D. A rebid would be specifically limited to Segments C & D and the related turn lane improvements in Laureate Boulevard, and the plans and permits would be modified after construction commencement to remove the work related to Segment B, allowing for proper project inspection and closeout.

Change Order (C.O.) Status: None.

Recommended Motion: Authorize district staff to advertise an invitation to bid for Centerline Drive Segments C & D.

Memorandum
Re:	Midtown Improvement District Construction Contract Status
March 21, 2023
Page 2

Should there be any questions, please do not hesitate to call. Thank you.
c:	Larry Kaufmann Matt McDermott Chris Wilson Dan Young Hudson Larson Tarek Fahmy

Midtown Improvement District

Fiscal Year 2024 Operations and Maintenance Budget

Revenues

Developer Contribution

Funding from the Developer.

General & Administrative Expenses

Supervisor Fees

Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for meeting attendance and to receive up to $200.00 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all supervisors attending the meetings.

Public Officials’ Liability Insurance

Supervisors’ and Officers’ liability insurance.

Trustee Services

The Trustee submits invoices annually for services rendered on bond series. These fees are for maintaining the district trust accounts.

Management

The District receives Management and Administrative services as part of a Management Agreement with PFM Group Consulting, LLC. These services are further outlined in Exhibit “A” of the Management Agreement.

Engineering

The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of invoices, and all other engineering services as requested by the district throughout the year.

Disclosure

When bonds are issued for the District, the Bond Indenture requires continuing disclosure, which the District Manager provides to the trustee and bond holders.

Property Appraiser

Cost incurred for a copy of the annual parcel listing for parcels within the District from the county.

District Counsel

The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts, and all other legal services as requested by the District throughout the year.

Assessment Administration

The District can levy a Non-Ad Valorem assessment on all the assessable property within the District in order to pay for the operating expenditures during the Fiscal Year. It is typically collected via the Tax Collector. The District Manager submits an Assessment Roll to the Tax Collector annually by the deadline set by the Tax Collector or Property Appraiser.

Reamortization Schedules

When debt is paid on a bond series, a new amortization schedule must be recalculated. This can occur up to four times per year per bond issue.

Audit

Chapter 218 of the Florida Statutes requires a District to conduct an annual financial audit by an Independent Certified Public Accounting firm. Some exceptions apply.

Arbitrage Calculation

To ensure the District's compliance with all tax regulations, annual computations are necessary to calculate an arbitrage rebate liability.

Travel and Per Diem

Travel to and from meetings as related to the District.

Telephone

Telephone and fax machine services.

Postage & Shipping

Mail, overnight deliveries, correspondence, etc.

Copies

Printing and binding Board agenda packages, letterhead, envelopes, and copies.

Legal Advertising

The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to, monthly meetings, special meetings, and public hearings for the District.

Bank Fees

Bank fees associated with the services the District uses with the bank (e.g. remote deposit capture, positive pay, wire transfers, ACH payments, monthly maintenance, etc.).

Miscellaneous

Other general & administrative expenses incurred throughout the year.

Meeting Room

Fee associated with renting a meeting room for monthly Board meetings.

Office Supplies

General office supplies associated with the District.

Property Taxes

Ad Valorem taxes on District property that is not tax-exempt.

Web Site Maintenance

Website maintenance fee.

Holiday Decorations

District decorations for the holidays.

Dues, Licenses & Fees

The District is required to pay an annual fee to the Department of Economic Opportunity.

Field Operations Expenses

Electric Utility Services

Electric

The District pays for electric meters used on District-owned roads.

Water-Sewer Combination Services

Water Reclaimed

Water used for irrigation

Other Physical Environment

General Insurance

General liability insurance.

Property & Casualty Insurance

Insurance to protect property and cover casualty.

Other Insurance

Insurance to protect the District not otherwise covered under D&O, General, or Property & Casualty.

Irrigation Repairs

Inspection and repair of irrigation system.

Landscaping Maintenance & Material

Contracted landscaping within the boundaries of the District.

Tree Trimming

Trimming of trees on District property.

Flower & Plant Replacement

Purchase of materials and labor to replace flowers and plants within the District.

Contingency

Other Field Operations expenses incurred throughout the year.

Pest Control

Pest control services.

Interchange Maintenance Expenses

IME – Aquatics Maintenance

Pond maintenance as it relates to the Interchange. The District is responsible for only a portion of the cost. Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

IME – Irrigation Repair

Irrigation repairs as they relate to the Interchange. The District is responsible for only a portion of the cost. Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

IME – Landscaping

Landscaping services as they relate to the Interchange. The District is responsible for only a portion of the cost. Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

IME – Landscape Improvements

Landscape improvement services as they relate to the Interchange. The District is responsible for only a portion of the cost. Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

IME – Lighting

Lighting services as they relate to the Interchange. The District is responsible for only a portion of the cost Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

IME – Miscellaneous

Other interchange expenses as they relate to the Interchange. The District is responsible for only a portion of the cost. Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

IME – Water Reclaimed

Water reclaimed services as they relate to the Interchange. The District is responsible for only a portion of the cost. Boggy Creek Improvement District, Greeneway Improvement District, and Myrtle Creek Improvement District each chip in for the remainder.

Road & Street Facilities

Entry and Wall Maintenance

Maintenance of entrance(s) and walls within the District.

Hardscape Maintenance

Purchase or maintenance of hard, yet “movable,” parts of landscape, such gravel, paving, and stones.

Streetlights

Streetlighting expenses within the District.

Accent Lighting

Accent lighting expenses within the District.

Parks & Recreation

Personnel Leasing Agreement

The lease of outside personnel per signed agreement.

Reserves

Infrastructure Capital Reserve

Funds reserved for infrastructure capital repairs/maintenance/replacement. These funds are kept in a separate bank account.

Interchange Maintenance Reserve

Funds reserved for interchange maintenance/repairs. These funds are kept in a separate bank account.

Other Income (Expense)

Interest Income

Income from interest earnings.

Actual	Anticipated
Through	04/2023 -

Anticipated Total FY 2023

FY 2023	FY 2024
Adopted	Proposed

03/28/2023	09/2023	Budget	Budget

Revenues										
Developer Contributions	$	249,761.24		$	45,308.84	$	295,070.08	$ 499,522.46	$ 542,653.73	
Net Revenues	$	249,761.24		$	45,308.84	$	295,070.08	$ 499,522.46	$ 542,653.73	
General & Administrative Expenses										
Legislative										
Supervisor Fees	$	400.00		$	1,200.00	$	1,600.00	$	4,800.00	$	4,800.00	
Financial & Administrative										
Public Officials' Liability Insurance		2,419.00			-		2,419.00	2,700.00	2,700.00	
Trustee Services		-			-		-	7,500.00	7,500.00	
Management		17,500.02			17,499.98		35,000.00	35,000.00	35,000.00	
Engineering		1,071.02			1,071.00		2,142.02	10,000.00	10,000.00	
Disclosure		-			-		-	5,000.00	5,000.00	
Property Appraiser		-			-		-	2,000.00	2,000.00	
District Counsel		3,899.12			3,899.10		7,798.22	30,000.00	30,000.00	
Assessment Administration		-			-		-	7,500.00	7,500.00	
Reamortization Schedules		-			-		-	250.00	250.00	
Audit		-			3,800.00		3,800.00	6,000.00	6,000.00	
Arbitrage Calculation		-			-		-	500.00	500.00	
Travel and Per Diem		-			150.00		150.00	300.00	300.00	
Telephone		-			-		-	25.00	25.00	
Postage & Shipping		2.40			2.40		4.80	1,000.00	1,000.00	
Copies		-			-		-	1,500.00	1,500.00	
Legal Advertising		1,429.50			1,429.50		2,859.00	7,500.00	7,500.00	
Bank Fees		-			-		-	360.00	360.00	
Miscellaneous		300.00			300.00		600.00	5,000.00	5,000.00	
Meeting Room		32.13			32.16		64.29	400.00	800.00	
Office Supplies		-			-		-	250.00	250.00	
Property Taxes		-			-		-	1,000.00	-	
Web Site Maintenance		640.00			2,480.00		3,120.00	3,250.00	3,250.00	
Holiday Decorations		400.00			-		400.00	2,000.00	500.00	
Dues, Licenses, and Fees		175.00			-		175.00	250.00	175.00	
Total General & Administrative Expenses	$	28,268.19		$	31,864.14	$	60,132.33	$ 134,085.00	$ 131,910.00	

Actual	Anticipated
Through	04/2023 -
03/28/2023	09/2023

Anticipated Total FY 2023

FY 2023
Adopted Budget

FY 2024
Proposed Budget

Field Operations Electric Utility Services
Electric
Water-Sewer Combination Services

$	288.79	$	288.78

$	577.57

$	4,560.00

$	4,560.00

Water Reclaimed	1,508.11	1,508.10	3,016.21	19,000.00	19,000.00	
Other Physical Environment
General Insurance	
2,956.00	
-	
2,956.00	
3,300.00	
3,300.00	
Property & Casualty Insurance	220.00	-	220.00	250.00	250.00	
Other Insurance	-	-	-	100.00	100.00	
Irrigation Repairs	4,859.88	4,859.88	9,719.76	20,900.00	20,900.00	
Landscaping Maintenance & Material	52,234.92	52,234.92	104,469.84	176,315.00	206,315.00	
Tree Trimming	-	3,799.98	3,799.98	7,600.00	10,500.00	
Flower & Plant Replacement	11,100.70	4,099.30	15,200.00	15,200.00	15,200.00	
Contingency	760.05	760.08	1,520.13	9,000.00	20,000.00	
Pest Control	-	1,200.00	1,200.00	1,200.00	1,200.00	
Interchange Maintenance Expenses						
IME - Aquatics Maintenance	601.14	601.14	1,202.28	1,272.00	1,272.00	
IME - Irrigation Repairs	317.22	317.22	634.44	1,200.00	1,200.00	
IME - Landscaping	16,524.36	16,524.36	33,048.72	33,048.72	34,455.00	
IME - Landscape Improvements	-	2,400.00	2,400.00	4,800.00	4,800.00	
IME - Lighting	140.85	140.88	281.73	480.00	480.00	
IME - Miscellaneous	247.79	247.80	495.59	2,400.00	2,400.00	
IME - Water Reclaimed	118.07	118.08	236.15	600.00	600.00	
Road & Street Facilities						
Entry and Wall Maintenance	440.00	439.98	879.98	1,140.00	1,140.00	
Hardscape Maintenance	-	750.00	750.00	1,500.00	1,500.00	
Streetlights	14,332.26	14,332.26	28,664.52	37,500.00	37,500.00	
Accent Lighting	-	379.98	379.98	760.00	760.00	
Parks & Recreation						
Personnel Leasing Agreement	6,839.94	6,839.94	13,679.88	13,680.00	13,680.00	
Reserves						
Infrastructure Capital Reserve	-		8,436.00		8,436.00		8,436.00		8,436.00	
Interchange Maintenance Reserve	-		1,195.73		1,195.73		1,195.73		1,195.73	
Total Field Operations Expenses	$ 113,490.08		$  121,474.41		$  234,964.49		$ 365,437.46		$ 410,743.73	
Total Expenses	$ 141,758.27		$  153,338.55		$  295,096.82		$ 499,522.46		$ 542,653.73	

Income (Loss) from Operations	
$	
108,002.97		
$	
(108,029.71)		
$	
(26.74)		
$	
-		
$	
-	

Other Income (Expense)
Interest Income	

$	

13.36		

$	

13.38		

$	

26.74		

$	

-		

$	

-	
Total Other Income (Expense)	$	13.36		$	13.38		$	26.74		$	-		$	-	

Net Income (Loss)

$ 108,016.33	$ (108,016.33)	$	-

$	-	$	-

    

Midtown Improvement District

Payment Authorizations Nos. 75 – 78

Payment Authorization #075
3/10/2023

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Boggy Creek Improvement District
February ICM Expenses	

ICM2023-05	

$  3,121.16	
2	BrightView Landscape Services
March Landscaping	
8303543	
$  5,554.98	
3	OUC
Acct: 5032993173 ; Service 02/01/2023 - 03/01/2023	
--	
$  3,368.60	
		
TOTAL	
$ 12,044.74	

Chairperson

Payment Authorization #076
3/17/2023

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Donald W McIntosh Associates
Engineering Services Through 02/24/2023	

43899	

$	508.52	
2	Kutak Rock
General Counsel Through 02/28/2023	
3194544	
$	977.00	
3	PFM Group Consulting
DM Fee: March 2023	
DM-03-2023-30	
$  2,916.67	
		
TOTAL	
$  4,402.19	

Chairperson

Payment Authorization #077
3/23/2023

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Supervisor Fees - 03/21/2023 Meeting
Richard Levey	

--	

$	200.00	
		
TOTAL	
$	200.00	

Chairperson

Payment Authorization #078
3/31/2023

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Orlando Sentinel
Legal Advertising on 03/13/2023 (Ad: 7392446)	

OSC69997280	

$	223.25	
		
TOTAL	
$	223.25	

Chairperson

Midtown Improvement District

Work Authorization/Proposed Services
(if applicable)

Midtown Improvement District Recommendation for Work Authorization/ Proposed Services

Project Name: Public Facilities Report - 2023

Brief Description:		 R e_p ort r eq~u i re d b.,_y S ta=t e o f F lo r i=da ---------------

 Name of Consultant Nendor:	Donald W. McIntosh Associates, Inc.	

Is this work pursuant to an existing Agreement?

 If so, name and date of Agreement:

/		Yes

---	No

Is this project included in the District Capital Improvement Plan?

Are the services required contemplated in the Capital Improvement Plan?

	L_Yes

_L_Yes

---	No

---	No

Is this a continuation of previously authorized work?

---

Yes

㾎	No

Proposal attached:	_L	Yes

---	No

Form of AgreementUtilized:_P_r_o_._p_o_s_al		_

Amount of Services:

Recommendation:

$7,500.00	

_L	Approve	Deny

By:	 1111J
rry K	fmann,  hairman
MIDTOWN IMPROVEMENT DISTRICT, CONSRTUCTION COMMITTEE

c:		Jennifer Walden Tucker Mackie Jeffrey Newton Lynne Mullins

DoNALD W. MclNTOSH ASSOCIATES, INC.

Midtown Improvement District
3501 Quadrangle Boulevard
Suite 270
Orlando, FL 32817

April 10, 2023

Subject:	Public Facilities Report 2023
DWMA Job No. 21505 (004)

$*7*-	&/(*/&&34

-"/% 1-"//&34 4637&:034

	1BSL	"WF	/PSUI 8JOUFS		1BSL		'-
  # 

Pursuant to your request, Donald W. McIntosh Associates, Inc. (DWMA) is pleased to submit for your consideration this Letter Agreement to provide professional engineering services to Midtown Improvement District ("DISTRICT" or "CLIENT") for preparation of a Public Facilities Report 2023 ("Project"). The scope of this proposal includes Services related to preparation of a Public Facilities Report for the DISTRICT meeting the requirements of Section 189.08 Florida Statutes. DWMA agrees to provide the following Basic Services for the itemized fees and expenses set forth below, subject to this Letter Agreement and its Attachments, which are incorporated herein by reference. The Attachments consist of Basis of Proposal and Client Responsibilities. DWMA will provide these services pursuant to our current contract with Midtown Improvement District dated July 7, 2021 ("Engineering Agreement") as follows:

I.	Scope of Work

A. PUBLIC FACILITIES REPORT PREPARATION - DWMA will prepare a Public
Facilities Report for the DISTRICT meeting the requirements of Section 189.08 Florida Statutes for submittal to the City of Orlando.

FEE SCHEDULE

Contract Item	Billing Item	
Description	
Fee	
A.	007	Public Facilities Report Preparation	$7 500.00	

**  Compensation
Midtown Improvement District will compensate Donald W. McIntosh Associates, Inc., pursuant to the hourly rate schedule contained in the Engineering Agreement and/or the lump sums listed above. The District will reimburse Donald W. McIntosh Associates, Inc., all direct costs, which include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the Agreement.

'BY     #  #

407-644-4068

,,'_ a$POUSBDUa1SPQPTBMTaDQ	   EPD

IUUQ XXX EXNB DPN

Public Facilities Report 2023 DWMA Job No. 21505 (004)
April 10, 2023
Page 2 of 4

This proposal, together with the Engineering Agreement, represents the entire understanding between the Midtown Improvement District and Donald W. McIntosh Associates, Inc. (Engineer) with regard to the referenced work authorization.

If you wish to accept this Work Authorization, please sign where indicated and return a complete copy to our office (executed electronic scanned copies are acceptable). Upon receipt, we will promptly schedule our services.

Sincerely,

JJN/1s

APPROVED AND ACCEPTED

By: 	 _ Authorized Representative of
Midtown Improvement District

Date: 	_

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

BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES DWMA Job No. 21505 (004)
April JO, 2023
Page 3 o/4

BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES

Our Agreement is also based on the following conditions and limitations:

BASIS OF PROPOSAL
CLIENT has performed the necessary due diligence research to confirm that the site is suitable for the intended purpose.
The CLIENT is advised that concurrency management and comprehensive plan consistency will impact the land development process. Regulations regarding concurrency and consistency vary according to governmental jurisdiction. The status of concurrency, consistency and, if applicable, vested rights must be addressed for all projects within the State of Florida. DWMA presumes the CLIENT is aware of the issues and resultant impacts described. DWMA disclaims responsibility for delays that may be encountered due to failure on the part of the CLIENT to address concurrency and consistency issues prior to initiation of Services proposed herein. DWMA is not responsible for changes to the approved plans that may alter the concurrency vesting status or for noncompliance on the part of the property owner with regard to the performance terms and conditions established in the vesting certificate.
DWMA will not be responsible for any circumstances, acts, errors, omissions or events, of any type, beyond its control including, without limitation, construction costs, the acts or failures to act of any governmental or judicial agency, or the existence of hazardous waste of any type associated with the Project. No Services associated with hazardous waste of any type are included in any way in this Agreement.
Without limitation, architectural, traffic engineering (e.g., studies, signalization), structural engineering (e.g., retaining walls, bridges, docks), mechanical engineering (e.g., fire pumps), fire protection engineering (e.g., dedicated fire lines beyond the point of service), electrical engineering, geotechnical engineering and testing, environmental assessment, landscape and irrigation design, non-civil utility engineering (e.g., power, gas, telephone, cable television, site lighting) and any other professional or consultant services required by CLIENT and not undertaken by DWMA, shall be retained separately by the CLIENT. No Services are included in this Agreement other than those specifically listed herein.
DWMA may be mandated by regulatory authorities to incorporate findings, requirements and details of design in their construction plans that are prepared by professional geotechnical engineers and not by DWMA. In doing so, DWMA assumes no responsibility or liability for the design, construction or operation of geotechnical engineering components which may include, but not be limited to, underdrains, ground stabilizers, backfills, embankments, etc. CLIENT must also recognize that some of these systems (i.e., underdrains, etc.) usually require extensive field supervision during construction and certification after construction. These systems are subject to damage by other activities during or after infrastructure

construction such as other utility installations (power, telephone, cable, gas, etc.). DWMA assumes no liability for damages to any design element caused by the improper design, construction, operation or maintenance of improvements designed by others.
DWMA, in and through its review and/or use of design and calculations prepared by others, is not responsible for or liable for error or omissions in the design and permitting services provided by others. CLIENT's consultants will provide DWMA with permission to utilize and rely upon their work product as the basis ofDWMA's design. Certain elements designed by others may be shown in DWMA construction plans for context only.
DWMA's performance and work product quality is dependent upon the timely provision of services from CLIENT-selected and contracted third-party consultants, including but not limited to geotechnical engineer, environmental consultant, transportation engineer, landscape/hardscape/irrigation designer and/or legal consultant whose services, while coordinated to the extent possible, are beyond the scope of responsibility of DWMA.
If locating underground utilities is expressly included in the Services, DWMA will locate such underground utilities as may be marked by a utility locating service retained by CLIENT. DWMA shall not be liable for showing any utility lines not marked by the locating company. DWMA cannot and does not guarantee or warranty that unidentified utilities will not be encountered.
Any opinion of construction cost prepared by DWMA represents its judgment as a design professional and is supplied for the general guidance of the CLIENT only since DWMA has no control over the cost of labor and material or over competitive bidding or market conditions. DWMA does not warrant or guarantee the accuracy of such opinions.
No permit applications or negotiations with regulatory agencies or permitting authorities are included other than those specifically listed herein.
If construction services or observation of construction are included herein, the Services included by DWMA will be to conduct periodic visits and observations to determine that the Work generally conforms or will conform to the applicable contract documents in relation to DWMA's engineering Services. DWMA's Service shall not include determining, supervising, implementing, or undertaking the responsibilities of the contractor, subcontractors or others, regarding means, methods, techniques, sequences and procedures of construction, nor for job conditions, safety precautions or programs. Construction phase services for systems designed and permitted by others are not included.
Construction phase retesting resulting from failures or no­ shows, and therefore requiring additional site visits, shall be additional services and is not included in the scope of this agreement. Such services will be invoiced separately on an hourly basis for back-charge to the contractor by CLIENT.

BASIS OF PROPOSAL AND CLIENT RESPONSIBILITIES DWMA Job No. 21505 (004)
April 10, 2023
Page 4 of 4

CLIENT's contractor and/or surveyor will provide certified as-built surveys prepared by a Florida-licensed surveyor for DWMA's use and reliance in preparing project certifications and/or record drawings. Any as-built surveys required to be perfonned by DWMA due to failure of contractor's surveyor to provide accurate and complete survey data will be invoiced separately on an hourly basis for back-charge to the contractor by CLIENT.
Federal Emergency Management Agency (FEMA) Map revisions or amendments which may be required by regulatory agencies or lenders are not included unless specifically listed in Basic Services.
Provision of customized digital data files to CLIENT, CLIENT's consultants and/or CLIENT's contractor is not included. DWMA work product will be prepared digitally in AutoCAD Civil3D® 2018 or later.
CLIENT RESPONSIBILITIES
The CLIENT, or his representative, shall be available to meet with DWMA and provide decisions in a timely manner throughout the course of the Project.
The CLIENT will provide DWMA with plans and other pertinent infonnation which may be necessary to properly survey or engineer the Project.
Prior to initiation of preliminary or final design, an approved site plan and final dimensioned building footprint(s) will be provided to DWMA by CLIENT, which will be complete with final geometry, and will be relied upon by DWMA.
The CLIENT will engage a professional geotechnical engineer to provide necessary hydrogeologic design support, relevant construction specifications for earthwork items and required construction inspection and certification. CLIENT's geotechnical engineer shall be responsible for final certification of all flexible and rigid pavement. DWMA has the CLIENT's authority to rely on this professional infonnation as a basis for its design Services and certifications.
The CLIENT will engage a professional environmental consultant to provide jurisdictional detenninations and necessary design and pennitting support for wetland and special species issues.
The CLIENT will engage a professional environmental firm or firms who specialize in all matters relating to "hazardous" or "special" materials wastes, deposits, soils, contamination, etc., as may be required to support permitting or construction of the Project.
The CLIENT will engage a professional landscape architect to provide landscape and irrigation design related to the development of the property as intended by CLIENT.
The CLIENT will engage a professional architect to perfonn all architectural services including, without

limitation, incorporation of the work product of DWMA, and compliance with local, state or federal laws, regulations, codes and Americans with Disabilities Act ("ADA") requirements.
The CLIENT will engage a professional transportation consultant to provide analysis related to development of the property as intended by CLIENT, including but not I imited to traffic studies, determination of tum lane requirements, traffic signal design, Maintenance of Traffic (MOT) plans and roundabout geometry, striping and signage design.
The CLIENT will engage a professional legal counselor to provide legal services related to development of the property as intended by CLIENT.
The CLIENT will engage a professional state licensed hydrogeologist for completion ofhydrologic data required in support of a Consumptive Use/Water Use Permit.
The CLIENT will engage a professional archaeologist to provide archaeological analysis related to development of the property as intended by CLIENT.
The CLIENT agrees that DWMA shall have no responsibility for the accuracy of information provided by, or for any portion of the Project designed by the CLIENT or CLIENT's other consultants, or for compliance with local, state or federal ADA requirements. DWMA shall not be required to check or verify the CLIENT's or other consultants' work product, information, or construction documents and shall be entitled to rely on the accuracy and completeness thereof, as well as the compliance of such documents with applicable laws, codes, statutes, ordinances, and regulations, including, without limitation, ADA requirements. The CLIENT also agrees to require all other consultants engaged by the CLIENT to coordinate their design or construction documents or reports with the work product of DWMA, to promptly report any conflicts or inconsistencies to DWMA and to cooperate fully in the resolution of those conflicts or inconsistencies. The CLIENT further agrees, to the fullest extent permitted by law, to indemnify and hold harmless DWMA from any claims, damages, liabilities or costs, including reasonable attorney's fees and defense costs, arising out of or relating to false, inaccurate, or non­ compliant infonnation provided by CLIENT or its other consultants, or the services performed by other consultants engaged by the CLIENT.
The CLIENT or CLIENT's contractor shall obtain the required National Pollutant Discharge Elimination System (NPDES) permit for the Project.
The CLIENT will provide DWMA with all applicable operation and maintenance budgets and budget reserve estimates for all gated communities prior to submittal of the final plat to satisfy local jurisdiction requirements.

Midtown Improvement District

District’s Financials

Midtown Improvement District	
Statement of Financial Position	
As of 3/31/2023	
	
General Fund		
Capital Projects Fund		
Total	

Assets	
Current Assets	
General Checking Account	$117,886.11				$117,886.11	
Infrastructure Capital Reserve	8,436.59				8,436.59	
Interchange Maintenance Reserve	1,195.83				1,195.83	
Accounts Receivable - Due from Developer			$508,569.31		508,569.31	
Total Current Assets	$127,518.53		$508,569.31		$636,087.84	
Total Assets	$127,518.53		$508,569.31		$636,087.84	

Liabilities and Net Assets	
Current Liabilities	
Accounts Payable	$223.25				$223.25	
Due To Other Governmental Units	2,947.22				2,947.22	
Accounts Payable			$508,569.31		508,569.31	
Deferred Revenue			508,569.31		508,569.31	
Total Current Liabilities	$3,170.47		$1,017,138.62		$1,020,309.09	
Total Liabilities	$3,170.47		$1,017,138.62		$1,020,309.09	

Net Assets	
Net Assets - General Government	$16,331.73				$16,331.73	
Current Year Net Assets - General Government	108,016.33				108,016.33	
Net Assets, Unrestricted			($8,081.76)		(8,081.76)	
Current Year Net Assets, Unrestricted			(500,487.55)		(500,487.55)	
Total Net Assets	$124,348.06		($508,569.31)		($384,221.25)	
						
Total Liabilities and Net Assets	$127,518.53		$508,569.31		$636,087.84	

Midtown Improvement District
Statement of Activities As of 3/31/2023

General Fund	Capital Projects
Fund

Total

Revenues

Developer Contributions	$249,761.24				$249,761.24	
Developer Contributions			$461,869.84		461,869.84	
Total Revenues	$249,761.24		$461,869.84		$711,631.08	

Supervisor Fees	$400.00				$400.00	
Public Officials' Liability Insurance	2,419.00				2,419.00	
Management	17,500.02				17,500.02	
Engineering	1,071.02				1,071.02	
District Counsel	3,899.12				3,899.12	
Postage & Shipping	2.40				2.40	
Legal Advertising	1,429.50				1,429.50	
Miscellaneous	300.00				300.00	
Meeting Room	32.13				32.13	
Web Site Maintenance	640.00				640.00	
Holiday Decorations	400.00				400.00	
Dues, Licenses, and Fees	175.00				175.00	
Electric	288.79				288.79	
Water Reclaimed	1,508.11				1,508.11	
General Insurance	2,956.00				2,956.00	
Property & Casualty	220.00				220.00	
Irrigation	4,859.88				4,859.88	
Landscaping Maintenance & Material	52,234.92				52,234.92	
Flower & Plant Replacement	11,100.70				11,100.70	
Contingency	760.05				760.05	
IME - Aquatics Maintenance	601.14				601.14	
IME - Irrigation	317.22				317.22	
IME - Landscaping	16,524.36				16,524.36	
IME - Lighting	140.85				140.85	
IME - Miscellaneous	247.79				247.79	
IME - Water Reclaimed	118.07				118.07	
Entry and Wall Maintenance	440.00				440.00	
Streetlights	14,332.26				14,332.26	
Personnel Leasing Agreement	6,839.94				6,839.94	
Engineering			$16,454.06		16,454.06	
District Counsel			203.00		203.00	
Legal Advertising			303.75		303.75	
Contingency			945,396.58		945,396.58	
Total Expenses	$141,758.27		$962,357.39		$1,104,115.66	

her Revenues (Expenses) & Gains (Losses)

Interest Income	$13.36	$13.36	
Total Other Revenues (Expenses) & Gains (Losses)	$13.36		$0.00		$13.36	
Change In Net Assets	$108,016.33		($500,487.55)		($392,471.22)	

Net Assets At Beginning Of Year	
$16,331.73		
($8,081.76)		
$8,249.97	

Net Assets At End Of Year	
$124,348.06		
($508,569.31)		
($384,221.25)	

Expenses

Ot

Midt				
	Budget to	Actual				
For	the Month Ending 3/31/2023				
	
Actual	
Budget	
Variance	FY 2023
Adopted Budget	
Percentage Spent	

Revenues					
Developer Contributions	$  249,761.24	$ 249,761.23	$	0.01	$ 499,522.46	50.00%	
Net Revenues	$ 249,761.24	$ 249,761.23	$	0.01	$ 499,522.46	50.00%	
General & Administrative Expenses					
Legislative					
Supervisor Fees	$	400.00	$	2,400.00	$	(2,000.00)	$	4,800.00	8.33%	
Financial & Administrative					
Public Officials' Liability Insurance	2,419.00	1,350.00	1,069.00	2,700.00	89.59%	
Trustee Services	-	3,750.00	(3,750.00)	7,500.00	0.00%	
Management	17,500.02	17,500.00	0.02	35,000.00	50.00%	
Engineering	1,071.02	5,000.00	(3,928.98)	10,000.00	10.71%	
Disclosure	-	2,500.00	(2,500.00)	5,000.00	0.00%	
Property Appraiser	-	1,000.00	(1,000.00)	2,000.00	0.00%	
District Counsel	3,899.12	15,000.00	(11,100.88)	30,000.00	13.00%	
Assessment Administration	-	3,750.00	(3,750.00)	7,500.00	0.00%	
Reamortization Schedules	-	125.00	(125.00)	250.00	0.00%	
Audit	-	3,000.00	(3,000.00)	6,000.00	0.00%	
Arbitrage Calculation	-	250.00	(250.00)	500.00	0.00%	
Travel and Per Diem	-	150.00	(150.00)	300.00	0.00%	
Telephone	-	12.50	(12.50)	25.00	0.00%	
Postage & Shipping	2.40	500.00	(497.60)	1,000.00	0.24%	
Copies	-	750.00	(750.00)	1,500.00	0.00%	
Legal Advertising	1,429.50	3,750.00	(2,320.50)	7,500.00	19.06%	
Bank Fees	-	180.00	(180.00)	360.00	0.00%	
Miscellaneous	300.00	2,500.00	(2,200.00)	5,000.00	6.00%	
Meeting Room	32.13	200.00	(167.87)	400.00	8.03%	
Office Supplies	-	125.00	(125.00)	250.00	0.00%	
Property Taxes	-	500.00	(500.00)	1,000.00	0.00%	
Web Site Maintenance	640.00	1,625.00	(985.00)	3,250.00	19.69%	
Holiday Decorations	400.00	1,000.00	(600.00)	2,000.00	20.00%	
Dues, Licenses, and Fees	175.00	125.00	50.00	250.00	70.00%	
Total General & Administrative Expenses	$	28,268.19	$  67,042.50	$  (38,774.31)	$ 134,085.00	21.08%	

Midtown Improvement District
Budget to Actual
For the Month Ending 3/31/2023

Actual	Budget	Variance

FY 2023
Adopted Budget

Percentage Spent

Field Operations Electric Utility Services
Electric
Water-Sewer Combination Services

$	288.79	$	2,280.00	$	(1,991.21)	$	4,560.00	6.33%

Water Reclaimed	1,508.11	9,500.00	(7,991.89)	19,000.00	7.94%	
Other Physical Environment
General Insurance	
2,956.00	
1,650.00	
1,306.00	
3,300.00	
89.58%	
Property & Casualty Insurance	220.00	125.00	95.00	250.00	88.00%	
Other Insurance	-	50.00	(50.00)	100.00	0.00%	
Irrigation Repairs	4,859.88	10,450.00	(5,590.12)	20,900.00	23.25%	
Landscaping Maintenance & Material	52,234.92	88,157.50	(35,922.58)	176,315.00	29.63%	
Tree Trimming	-	3,800.00	(3,800.00)	7,600.00	0.00%	
Flower & Plant Replacement	11,100.70	7,600.00	3,500.70	15,200.00	73.03%	
Contingency	760.05	4,500.00	(3,739.95)	9,000.00	8.44%	
Pest Control	-	600.00	(600.00)	1,200.00	0.00%	
Interchange Maintenance Expenses
IME - Aquatics Maintenance	
601.14	
636.00	
(34.86)	
1,272.00	
47.26%	
IME - Irrigation Repairs	317.22	600.00	(282.78)	1,200.00	26.44%	
IME - Landscaping	16,524.36	16,524.36	-	33,048.72	50.00%	
IME - Landscape Improvements	-	2,400.00	(2,400.00)	4,800.00	0.00%	
IME - Lighting	140.85	240.00	(99.15)	480.00	29.34%	
IME - Miscellaneous	247.79	1,200.00	(952.21)	2,400.00	10.32%	
IME - Water Reclaimed	118.07	300.00	(181.93)	600.00	19.68%	
Road & Street Facilities
Entry and Wall Maintenance	
440.00	
570.00	
(130.00)	
1,140.00	
38.60%	
Hardscape Maintenance	-	750.00	(750.00)	1,500.00	0.00%	
Streetlights	14,332.26	18,750.00	(4,417.74)	37,500.00	38.22%	
Accent Lighting	-	380.00	(380.00)	760.00	0.00%	
Parks & Recreation
Personnel Leasing Agreement	
6,839.94	
6,840.00	
(0.06)	
13,680.00	
50.00%	
Reserves						
Infrastructure Capital Reserve	-		4,218.00		(4,218.00)		8,436.00		0.00%	
Interchange Maintenance Reserve	-		597.87		(597.87)		1,195.73		0.00%	
Total Field Operations Expenses	$  113,490.08		$ 182,718.73		$  (69,228.65)		$ 365,437.46		31.06%	
Total Expenses	$  141,758.27		$ 249,761.23		$ (108,002.96)		$ 499,522.46		28.38%	

Interest Income	$	13.36		$	-	$	13.36		$	-		
Total Other Income (Expense)	$	13.36		$	-	$	13.36		$	-			
								
Net Income (Loss)	$  108,016.33		$	-	$  108,016.33		$	-			

Income (Loss) from Operations	$ 108,002.97	$	-	$ 108,002.97	$	- Other Income (Expense)