2020-03-05 heritage bay agenda package mtg · 2020-02-28 · heritage bay community development...
TRANSCRIPT
Heritage Bay
Community Development District
March 5, 2020
Agenda Package
Agenda Page 1
Heritage Bay Community Development District Inframark, Infrastructure Management Services
210 N. University Drive, Suite 702, Coral Springs, Florida 33071
Telephone: 954-603-0033 Fax: 954-345-1292
February 27, 2020
Board of Supervisors
Heritage Bay
Community Development District
Dear Board Members:
The regular meeting of the Board of Supervisors of the Heritage Bay Community Development
District will be held on Thursday, March 5, 2020 at 9:00 a.m. in the Heritage Bay Clubhouse,
10154 Heritage Bay Boulevard, Naples, Florida. Following is the advance agenda for the
meeting:
1. Roll Call
2. Approval of Agenda
3. Public Comments on Agenda Items
4. Organizational Matters
A. Consideration of Supervisor to Fill Unexpired Term of Office (Seat 5, Expires 11/2022)
i. Allen Soucie Resume
ii. Paul Shellberg Resume
B. Oath of Office for Newly Appointed Supervisor
C. Designation of Officers (Resolution 2020-3)
5. Engineer’s Report
A. Project Summary
i. Q.E. Open Items for Completion
ii. Clubhouse Dry Retention Modification Update
iii. CPH Geotube Recommendation Email February 23, 2020
6. Attorney’s Report
A. Resolution 2020-2 Establishing Policy and Procedure for Certain Maintenance or Repair Contracts
7. Lake & Wetland Management Monthly Inspections and Service Reports
8. Old Business
A. FY 2020 Lake Bank Erosion Restoration Proposals
i. Quality Enterprises Email Proposal February 23, 2020
ii. Copeland Southern Enterprises Proposals9. New Business
10. Manager’s Report
A. Approval of the Minutes of the January 30, 2020 Meeting
B. Acceptance of Financials
C. Discussion of Draft FY 2021 Budget
Agenda Page 2
February 27, 2020 Heritage Bay CDD
D. Field Manager’s ReportsE. Updated Inframark Infrastructure Management Services Contract for Review
and Approval
F. Follow Up Items
i. FEMA Update
11. Supervisors’ Reports, Requests, and Comments
12. Chairman’s Comments
13. Audience Comments
14. Adjournment
Supporting documents for agenda items are enclosed or will be distributed at the meeting.
The balance of the agenda is routine in nature, and staff will give their reports at the meeting. If
you have any questions, please contact me.
Sincerely, Justin Faircloth
Justin Faircloth, District Manager
Agenda Page 3
Fourth Order of Business
Agenda Page 4
4Ai.
Agenda Page 5
Allen Soucie 10288 Gator Bay Ct Naples, FL 34120 Application For CDD Education: Porter School of Engineering Design-Graduated 1966 Attended Western New England College Dale Carnegie Sales Course Numerous educational seminars Work Experience 1968-1972 Universal Design Tool designer-production tooling and gauging for the aircraft industry. 1972-1984 Linatex Corp of America Began as a sales engineer and finished as the Director Sales and Marketing of Mining Equipment The equipment we designed and sold revolved around the pumping and separation of solids from liquid. We dealt nationally in a variety of industries from sizing constriction sands, Glass (silica) sands, Coal, Phosphates are the among the most common. Most important here is that we designed and sold wastewater equipment which would clarify plant wastewater for reuse at rates as high as 4000 GPM and as little as 30 GPM with a common goal of reducing solids to a maximum particle size of 30 microns. I am familiar with water sampling, flow measurement and lab analysis. 1985-1996 Carl Fisher Co Sales Engineer & Factory Manager for approximately 40 metal fabricators and welders. 1996-2016 CAMM Metals, Inc Founder and owner of a custom metals manufacturing plant. We would cut, bend, weld and finish metal to customer supplied specifications. Our primary way to cut the various metals was the use of (3) waterjet cutting machines. We pumped water at a rate of one GPM for each machine at 50,000 psi and introduced 80 mesh garnet sand into the waterflow to cut various materials from .020” to 10” thick. I again used my background in wastewater treatment to clarify the wastewater from the waterjets for re-use.
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4Aii.
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Paul C Shellberg
10483 Heritage Bay Blvd.
Naples, FL 34120
(H) 248-274-0174: (C) 248-705-2927; Email [email protected]
1 | P a g e
Originally from Southeast Michigan, me and my wife Peggy of 50+ years, are full time residents (Single
Family Home) in Heritage Bay since October 2014, after renting for a couple of years.
I am very much interested in filling the open Heritage Bay CDD Board of Supervisors Seat #5 for the
term expiring November 2022.
The reason for my interest to serve on the Heritage Bay CDD Board of Supervisors, is to fulfil a civic
responsibility, by getting involved and giving something back to the community.
In my prior life, I worked in many sales and sales management positions in the electrical equipment
manufacturing and distribution businesses. In 1986, I started an independent manufacturer’s
representative sales firm that grew to over $40 Million is sales by adding (2 partners) and 13 employees.
In 2001, I sold that business to my partners and “retired”.
I was lured out of retirement in 2005 to join an automotive consulting firm, A.T. Kearney. I was part of a
specialized management team that helped Daimler Chrysler Corporation restructure their MRO
(Maintenance, Repair and Operations) function for plants in the US and Canada, recommending and
implementing modern processes, which resulted in millions of dollars of Corporate savings. On completion
of that assignment in 2008, I retired “for good”.
I’ve volunteered and served on the HB Golf Advisory and HB Finance (Advisory) Committees.
Additionally, I was appointed by the HB Board of Directors to serve on the (3) person Heritage Bay
Broadband Task Force. This resulted in replacing Comcast (Xfinity) as the Bundled Video and Broadband
provider in Heritage Bay, with state-of-the-art Hotwire Communications – Fiber to each home.
In my role on the Finance Advisory Committee, I served as the FAC liaison to our Green Committee,
where I had my first exposure to what our CDD is all about. In this role I witnessed how our CDD works
with the HB Green committee for the betterment of our residents and to the benefit of the South
Florida Water Management District. In addition to attending several CDD monthly meetings over the
last few years, as a guest, I have reviewed the various documents, reports and financial files on the
Heritage Bay CDD website.
I have also, acquainted myself with:
1.) What is a CDD?
• How a CDD operates
• Relationship with our HOA’s
• Benefit to our Residents
• Costs to Operate a CDD
• Value of our CDD to our Community
• Importance of our CDD to the South Florida Water Management District
2.) Specific Roles & Responsibilities
• Board of Supervisors
• District Administration
• District Manager’s Responsibility (Inframark)
Agenda Page 8
Paul C Shellberg
10483 Heritage Bay Blvd.
Naples, FL 34120
(H) 248-274-0174: (C) 248-705-2927; Email [email protected]
2 | P a g e
▪ District Engineer’s Responsibility
• District Counsel’s Responsibility
• Field Manager’s Responsibility
Although, I have no specific work experience in maintaining community-wide infrastructure and related
services, I am a quick learner and will spend the necessary time in helping to set policies and financial
obligations that support District facilities.
If I’m selected to fill this open seat, I commit to attend scheduled meetings and field trips (as
necessary).
• Prior to a scheduled meeting:
o Completely review Agenda Package, including all reports, Strategy Updates &
Inspections
o Be familiar with the issues
• Participate in discussions and work assignments.
• Abide by the provisions as outlined by the Florida Commission on Ethics.
I look forward to the opportunity of being valued member of the Heritage Bay CDD Board of Supervisors.
Thank you for your consideration,
Paul C Shellberg
Agenda Page 9
4C.
Agenda Page 10
RESOLUTION 2020-3
A RESOLUTION DESIGNATING OFFICERS OF
HERITAGE BAY COMMUNITY DEVELOPMENT
DISTRICT
WHEREAS, the Board of Supervisors of Heritage Bay Community Development District
at a regular business meeting held on March 5, 2020 desires to appoint the below recited persons
to the offices specified.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT:
1. The following persons were appointed to the offices shown, to wit:
Chairman
Vice Chairman
Justin Faircloth Secretary
Stephen Bloom Treasurer
Alan Baldwin Assistant Treasurer
Assistant Secretary
Assistant Secretary
______________________________________Assistant Secretary
PASSED AND ADOPTED THIS, 5th DAY OF MARCH 2020.
Chairman
Secretary
Agenda Page 11
Fifth Order of Business
Agenda Page 12
5Aiii.
Agenda Page 13
From: Lopez, Albert J. <[email protected]> Sent: Monday, February 24, 2020 5:47 PM To: Faircloth, Justin <[email protected]> Cc: Satfield, Jeffrey M. (P.E.) <[email protected]> Subject: RE: Heritage Bay CDD - 1/30/20 Meeting Summary Justin, Please refer to the attached picture for section needing to be replaced on lake 4. It is our understanding the section failed due to drainage pipe defect. We recommend the removal of this section and confirm/repair pipe condition. Thank you, Albert Lopez Office Manager o 239.332.5499 (Ext.3207) c 386.518.9175 [email protected]
Full Service A&E Firm Facebook | LinkedIn
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From: Faircloth, Justin <[email protected]> Sent: Monday, February 24, 2020 5:04 PM To: Lopez, Albert J. <[email protected]> Cc: Satfield, Jeffrey M. (P.E.) <[email protected]> Subject: RE: Heritage Bay CDD - 1/30/20 Meeting Summary Albert, Thank you for this information. Where is the section you believe should be replaced? Why would we not just cover up this section like you have recommended elsewhere? Thank you, Justin Justin Faircloth | CAM, CDM | District Manager
5911 Country Lakes Drive | Fort Myers, FL 33905 (O) 239.245.7118 ext. 306 | (M) 239.785.0675 | www.inframarkims.com SUPERVISORS, PLEASE DO NOT REPLY TO ALL AS THIS COULD BE A VIOLATION OF THE FLORIDA SUNSHINE PROVISIONS. CONFIDENTIALITY NOTICE: The information in this email is intended for the sole use of the recipient(s) and may be confidential and subject to protection under the law. If you are not the intended recipient, you are hereby notified that any distribution or copying of this email is strictly prohibited. If you have received this message in error, please contact the sender immediately and delete your copy from your computer. From: Lopez, Albert J. <[email protected]> Sent: Sunday, February 23, 2020 7:39 PM To: Faircloth, Justin <[email protected]> Cc: Satfield, Jeffrey M. (P.E.) <[email protected]> Subject: RE: Heritage Bay CDD - 1/30/20 Meeting Summary Justin, CPH visited the site to confirm the geotube existing condition. CPH identified one section (± 12 LF) that need to be replaced by a professional specialized on this type of erosion control material/application. The remaining geotubing length seems to be in good structural condition with the exception of some evident top erosion. CPH recommends the geotubing to be covered with new fill material and sod and planting of additional littoral material to help with the erosion problem. Please let me know if you have any questions. Thank you, Albert Lopez Office Manager o 239.332.5499 (Ext.3207)
Agenda Page 17
Sixth Order of Business
Agenda Page 18
6A.
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1
RESOLUTION NO. 2020-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF
HERITAGE BAY COMMUNITY DEVELOPMENT
DISTRICT ESTABLISHING A POLICY AND PROCEDURE
FOR CERTAIN MAINTENANCE OR REPAIR
CONTRACTS, INCLUDING IN A EMERGENCY
SITUATION; AUTHORIZING THE DISTRICT MANAGER
TO EXECUTE CERTAIN MAINTENANCE OR REPAIR
CONTRACTS; PROVIDING FOR PRESENTATION OF
MAINTENANCE OR REPAIR CONTRACTS APPROVED
PURSUANT TO THIS POLICY AND PROCEDURE FOR
INFORMATIONAL PURPOSES TO THE BOARD OF
SUPERVISORS; PROVIDING FOR CONFLICTS,
PROVIDING FOR SEVERABILITY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Heritage Bay Community Development District (the “District”) is organized
for purposes which include ownership and operation of certain public infrastructure within or
benefiting the community known generally as Heritage Bay; and
WHEREAS, throughout the year, the District encounters various instances where the
facilities or infrastructure of the District require prompt maintenance or repair; and
WHEREAS, it is not practical, expeditious or economical to hold meetings of the Board
of Supervisors (the “Board”) each time a certain maintenance or repair issue occurs; and
WHEREAS, it is in the best interest of the District to ensure prompt and timely
maintenance and repair of its facilities; and
WHEREAS, the Board of Supervisors desires to establish updated policies and procedures
for the District to allow the District Manager to carry out certain maintenance or repair items in an
expeditious manner.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT:
Section 1. Recitals. The foregoing recitals are true, correct and hereby incorporated as
the findings of the Board.
Section 2. District Manager Authority. The District Manager is designated the authority
to enter into contracts for the maintenance or repair of District facilities or infrastructure under the
following circumstances: (i) the maintenance or repair cost will not exceed $10,000 for the subject
maintenance or repair event; (ii) the total maintenance or repair cost paid to any one contractor or
maintenance or repair provider under this policy will not exceed $10,000 in the aggregate
(including the subject maintenance or repair event) during the then-current fiscal year of the
Agenda Page 20
2
District; and (iii) such proposed maintenance or repair cost falls within an approved budget line-
item of the District’s budget. In each of the foregoing cases (i) – (iii), the action will be subject to
prior written approval by the Chairman (or the Vice Chairman in the Chairman’s absence). Subject
to the foregoing requirements, the District Manager is designated by the District, and authorized
by the District, to carry out this policy and procedure and to execute such documents as necessary
to accomplish the same.
Section 3. Emergency Expenditures. The District Manager is further designated the
authority to enter into contracts for the maintenance or repair of District facilities or infrastructure
if there is an emergency situation such that the District Manager believes the repair or maintenance
is necessary to prevent a significant interruption or suspension of the District’s services or
otherwise necessary for the preservation and safety of persons or property. For purposes of this
Section, the contract for maintenance or repair shall only be to the extent necessary to prevent or
abate the emergency and any such contract shall be subject to the prior written approval of the
Chairman (or the Vice Chairman in the Chairman’s absence). In connection with contracts in such
emergency situations, the District Manager can consider the utilization of reserve funds in
combination with allowances under the then-current fiscal year budget. Subject to the
requirements herein, the District Manager is designated by the District, and authorized by the
District, to carry out this policy and procedure and to execute such documents as necessary to
accomplish the same.
Section 4. Placement in Board Agenda Packet. A copy of any maintenance or repair
contract approved pursuant to Section 2 or Section 3 of this Resolution shall be presented to the
Board for informational purposes only at its next regularly scheduled meeting following said
approval; provided, however, that any failure to present said contract shall not affect the validity
or implementation of this Resolution.
Section 5. Future Amendments. These policies and procedures shall stay in full force
and effect until such time as the Board may amend or rescind the same.
Section 6. Severability. Should any sentence, section, clause, part or provision of this
Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect
the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid.
Section 7. Conflicts. All Sections or parts of Sections of any Resolutions or actions of the
Board in conflict are hereby repealed to the extent of such conflict.
Section 8. Effective Date. This Resolution shall become effective upon its passage and
shall remain in effect unless rescinded or repealed.
{Remainder of page intentionally left blank. Signatures appear on next page.}
Agenda Page 21
3
PASSED in Public Session of the Board of Supervisors of Heritage Bay Community
Development District, this 5th day of March, 2020.
Attest: HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT
Justin Faircloth, Secretary Edwin Hubbard, Chairman
Agenda Page 22
Seventh Order of Business
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Eighth Order of Business
Agenda Page 32
8Ai.
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8Aii.
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1
Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers, Fl, 33903
DATE: 02/18/2020
OWNER INFORMATION:
PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES, INC. AND
Heritage Bay Community Development District in Naples
TELEPHONE NO.: (239) 245-7118 / 306
Fax No: (239) 245-7120
E-MAIL: [email protected],
OWNER INFORMATION: PROJECT MANAGER: Scott Copeland
OWNER’S ADDRESS: 10154 Heritage Bay Blvd, Naples, FL 34120 FEE AND TYPE:
Time & Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: $
Not-To-Exceed Fixed Fee based upon the Rate Schedule in effect at the time service is rendered: $
Lump Sum Fixed Fee: $ .00
Total Fees: $ .00
Price of Proposal will be based on selected options below.
BILL TO THE ATTENTION OF: Justin Faircloth, Assistant District Manager
PROJECT NAME: Heritage Bay 2020 Erosion and Lake Restoration Projects.
WORK DESCRIPTION: Repair of 7 lakes for Step Erosion repaired with Coconut
Blanket, High Flow Fabric and Rip Rap
REMARKS: 1) All guest and golfers will need to be notified by the board, of the repair
done on the Lakes to stay clear of the repair areas and equipment during the project. 2)
All Sprinkler heads and lines within the work area must be clearly marked before
restoration begins 3) CSEI will call in a dig ticket 72 hours before work can start to allow
utility companies time to mark the underground utilities within the work areas. 4) CSEI
will need a staging area to store equipment and supplies during the project
Dear Justin Faircloth
In Pursuant to your request, Copeland Southern Enterprises, Inc. is pleased to submit the following proposal for the Erosion Correction project along
the 7 Lakes listed below, for the above-referenced project:
SCOPE OF SERVICES (Limited to the following pages):
1. Crews will set up MOT around work areas to insure the safety of the residents and guests during the project.
2. Crews will back fill eroded slopes with lake material and extend any existing drains out 1.5 ft. below seasonal low water.
3. Crews will install Coconut Erosion Blanket or High Flow Fabric on Slopes and install Matching Sod once slopes have been repaired or Rip Rap. 4. Crews will restore the lawns and slopes back to original condition where equipment crossing has caused any damage.
Price of Proposal will be based on selected options below.
Lake #10, Repair Total 65 ft of Spot Erosion for 3 different locations along lot lines on Lake 10……………….…………………..........$ 2,675.00
Lake #13, Repair 61 feet of Lake Bank with Coconut Erosion Blanket and matching Sod…………………………………………….......$ 2,575.00
Lake #17, Repair 1 area of Step Erosion with Coconut Erosion Blanket with Sod & 2 Rip Rap areas……………..…………………........$ 6,775.00
Lake #21, Repair a 25 ft. Washout area with Coconut Erosion Blanket with Recovered fill from Lake Bottom with sod ….….……….....$ 1,475.00
Lake #22, Option 1, Repair slope, cut & grind flume entries to 4 ft. wide and pour 9 new 4 ft. wide flumes to lake ………………….….$ 23,775.00
Lake #22, Option 2, Repair 285 ft. of Erosion along BOW with High Flow Erosion Blanket & 6 to 12 inch Rip Rap……………..…….$ 54,375.00
Lake #24, Install a new 14’ x 5’ x 25 Ft. 3500 PSI Concrete Flume to catch high flow water areas from G.C. sidewalk.......…$ 13,475.00
Lake #30B, Repair NW & SW Corner of Rip Rap at Bridge for Lake 30B with 57 stone & 3 to 6 Inch Rip Rap………..…......................$ 23,975.00
Note: Any additional work and services requested, and is not found in this Proposal can be done, but will require additional cost to be
paid in full with proposal fee upon the completion of job.
We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements. If so please sign the contract proposal below and
return a copy to our office by Fax or Email. Should you have any questions or need any additional information, Please do not hesitate to call Scott
Copeland at 239-995-3684 or Mobile # 239-707-6806.Fax 239-995-0058
OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby
authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in
the “FEE TYPE” section above. I have read, understand and agree to these Standard Business Terms.
Authorized Signature: Date:
Typed Name & Title:
Agenda Page 36
2
Lake # 10 Repair 3 Spot Erosion Areas, Cost $ 2,675.00
1. Crews will back fill slope with Lake Material recovered from Lake Bottom to repair 3 Spots of Erosion Locations Totaling
over 65 feet +/- on Lot lines as seen in Exhibit below.
2. Crews will install Coconut Erosion Blanket within repaired areas and over lay with top soil before installing matching Sod.
Note: No additional plants will be needed in the repaired area for there is a good and thriving water plant population.
Agenda Page 37
3
Lake # 13 Proposed Lake Bank Repair Cost $ 2,575.00
1. Crews will remove the existing 20 Spartina plants along work are & repair & bury the uncovered 2” Irrigation Line at TOB.
2. Crews will recovered Material from the lake bottom to repair 61 foot of Lake Slope on South Side.
3. Crews will install Coconut Erosion Blanket within repaired area and over lay with 2” of top soil.
4. Crews will Lay Matching Golf Course Sod down to Lake Control Line.
Note: No additional plants will be installed in the repaired areas for the Native Water Plants are thriving in this Lake.
Agenda Page 38
4
Lake # 17 Repair 4 Damaged Areas on West Bank, Cost $ 6,775.00
1. Crews will repair slope with material recovered from bottom of Lake and install Coconut erosion blanket locked in with 2
inches of top soil for both location as seen in exhibit below and lay new matching sod down to control line.
2. Rip Rap areas will be cut out and re-graded to bring the slope back to proposed grade then High Flow Filter cloth will be
installed and locked into trenched top and slope with 6 inch staples on a 12 inch diamond pattern.
3. Crews will install 3 to 6 inch Rip Rap 8 to 10 inches thick down to below SLW line and re-grade existing Rip Rap piles to
match proposed slope.
Note: No additional plants will be installed in the repaired areas for the Native Water Plants are thriving on this Lake.
Agenda Page 39
5
Lake # 21/ 25 Ft. of Erosion Repair Cost $1,475.00
1. Repair up to 25 ft. of Washout along flower bed and Lake Bank area with Coconut Erosion Blanket, with Recovered fill
from Lake Bottom, install 2” of top soil on top of Blanket and install new matching Floratam Sod down to control line.
Note: No additional plants will be installed in this repaired area for the Native Water Plants are thriving on this Lake as well.
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6
Option # 1 Lake #22 / Modify 9 of the 11 Sidewalk Flume openings & Pour New 4 ft. wide flumes to lake, Cost $23,775.00
1. Crews will recover material from Lake Bottom and re-build Lake Slope in and around the Flume areas only, up to back
of Sidewalk area and install Coconut Erosion Blanket to lock in the slope at BOW.
2. Crews will Cut and Grind a 2 foot wider area at each of the 9 flumes within the High Flow area as seen in exhibit below
and pour new 4 foot wide spill way flume down to lake 22 to allow more water crossing the sidewalk access to the Lake
without over flowing the sidewalk curbs and eroding the lake bank and walkway out.
Note: No additional plants will be installed in this repaired area for the Native Water Plants are thriving on this Lake as well.
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7
Option # 2 Lake #22 / 285 Ft of Erosion Repair install High Flow Fabric & 6 to 12” Rip Rap. Cost $ 54,375.00
1. Crews will recover material from Lake Bottom and re-build Lake Slope from Back of Sidewalk down to SLW and install
High Flow Erosion Blanket locked in the slope at BOW and running from13 to 18 foot wide within the 285 foot Area as seen
in exhibit below.
2. Crews will install 6 to 12” Rip Rap along the 285 feet and set Rip Rap 12 inch thick +/- with a lock in on shelves for the rock
at both the top and bottom of the lake bank to insure no sliding of the rocks over time as seen in the detail below.
Note: 1. there is a high flow of water blowing over the existing sidewalk curb during the summer heavy rains causing a 12 to 16 inch
ledge of erosion along the Back of the existing Sidewalk area.
2. No additional plants will be installed in this repaired area for the Native Water Plants are thriving on this Lake as well.
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8
Lake # 24/ 14’ x 5’ x 25 Ft. 3500 PSI Concrete Flume $13,475.00
1. Crews will recover material from Lake Bottom and re-build Lake Slope from Back of Sidewalk down to SLW and install
coconut erosion blanket within work area, no new sod or plants will be needed within the work area.
2. Crews will form up and pour a 3500 PSI Concrete Flume 14 wide along Sidewalk and 25 fee t +/- out into Lake 24 and 5 feet
wide on Lake Bank with a 6 inch curb to retain the water within the flume during heavy summer rains.
Agenda Page 43
9
Lake # 30B, Repair all voids on the NW & SW Side of Bridge over Lake 30B with 57 stone & 3 to 6” Rip Rap…..$ 23,975.00
1. Crews will haul in up to 7 loads of 57 stone with 3 to 6 inch Rip Rap mixed in to fill the existing voids cause by Hurricane
Irma filling all gaps and voids so all filter fabric within the highlighted areas in exhibit below are covered or voids filled.
2. Crews will need a offloading area on both side of the bridge within the planter areas as seen in exhibit below in order to move
the rock in and out of the work areas.
3. There will be a Flagman on duty at all times when loading or offloading is taken place to insure the safety of and that the
local traffic continues to flow properly.
Agenda Page 44
Tenth Order of Business
Agenda Page 45
10A.
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unapproved
MINUTES OF MEETING 1
HERITAGE BAY 2
COMMUNITY DEVELOPMENT DISTRICT 3
4
The regular meeting of the Board of Supervisors of the Heritage Bay Community 5
Development District was held on Thursday, January 30, 2020 at 9:00 a.m. in the Heritage Bay 6
Clubhouse,10154 Heritage Bay Boulevard, Naples, Florida. 7
8
Present were: 9
10
Edwin Hubbard Chairman 11
Dennis Gagne Assistant Secretary 12
Donna Hunter Assistant Secretary 13
Jack Arcurie Assistant Secretary 14
15
16
Also present were: 17
18
Justin Faircloth District Manager 19
Albert Lopez CPH 20
Alonso Wiener Lake & Wetland Management 21
Resident 22
23
The following is a summary of the actions taken at the January 30, 2020 Heritage Bay 24
Board of Supervisors meeting. 25
26
FIRST ORDER OF BUSINESS Call to Order 27
Mr. Faircloth called the meeting to order and called the roll. 28
29
SECOND ORDER OF BUSINESS Approval of Agenda 30
31
• The latest inspection from Lake & Wetland Management and a new CPH rate schedule 32
were distributed to the Board. 33
34
On MOTION by Mr. Arcurie seconded by Mr. Gagne with all in 35
favor the agenda was approved as presented. 36
37
38
THIRD ORDER OF BUSINESS Public Comment on Agenda Items 39
• A resident inquired about agenda development. 40
Agenda Page 47
January 30, 2020 Heritage Bay CDD
unapproved 2
41
FOURTH ORDER OF BUSINESS Engineer’s Report 42
• Staff informed the Board of an overbilling issue by CPH and the resulting credit that has 43
been provided. 44
• The new rate schedule provided by CPH was discussed. 45
46
On MOTION by Mr. Hubbard seconded by Ms. Hunter with all in 47
favor the new CPH Rates & Reimbursables schedule was approved 48
as presented. 49
50
51
A. Project Summary 52
i. Q.E. Open Items for Completion 53
• Staff provided an update on the status of projects. 54
• Discussion ensued with regard to project funding. 55
ii. Clubhouse Dry Retention Modification Update 56
• Approval from SWFMD was obtained and now waiting for review by the County. 57
B. Water Sampling and Testing Results 58
• The water sampling and testing results were reviewed. 59
• Mr. Gagne voiced concern that nitrogen levels were appearing to increase. 60
• Questions and comments were addressed. 61
The record will reflect Mr. Lopez left the meeting. 62
63
FIFTH ORDER OF BUSINESS Local Mitigation Strategy Update 64
• Discussion ensued with regard to withdrawing from participation in the local mitigation 65
strategy group. 66
67
On MOTION by Mr. Gagne seconded by Mr. Arcurie with all in 68
favor to rescind Resolution 2019-5 Approving, Adopting, & 69
Demonstrating Participation in a Local Mitigation Strategy was 70
approved. 71
72
73
• Mr. Gagne will send a letter thanking them and informing them of the District’s decision 74
to withdraw from the group. 75
76
77
78
Agenda Page 48
January 30, 2020 Heritage Bay CDD
unapproved 3
SIXTH ORDER OF BUSINESS Attorney’s Report 79
• Staff noted that District Counsel was reviewing proposed language to adopt internal 80
controls to comply with recent legislative changes. 81
A. Resolution 2020-2 Establishing Policy and Procedure for Certain Maintenance or 82
Repair Contracts 83
• Resolution 2020-2 was discussed; and the following changes requested: 84
➢ Limits for Section 2 should be set at $10,000 for each blank. 85
➢ Section 2 authorizations should occur with approval by either the Chair or Vice-86
Chair. 87
➢ Emergency expenditures should be considered with Reserve funds in combination 88
with allowances of the current FY budget. 89
90
SEVENTH ORDER OF BUSINESS Lake & Wetland Management Monthly 91
Inspections and Service Reports 92
A. Review of Boundary Markers in Boulder Lake 93
• The Lake & Wetland Inspection and Service Reports were discussed. 94
The record will reflect Mr. Wiener left the meeting. 95
96
EIGHTH ORDER OF BUSINESS Old Business 97
A. Campus Suite ADA Website Compliance Update 98
• The contract has been executed with Campus Suite and the new website has been reviewed. 99
• Staff noted the District’s insurer, Preferred, provided a Safety & Risk Management Bulletin 100
for December and it was provided to District Counsel for review. 101
• The Board had no objection to proceed with the recommendation by District Counsel for 102
an additional website page addressing the concerns outlined in the bulletin. 103
104
NINTH ORDER OF BUSINESS Manager’s Report 105
A. Approval of the Minutes of the November 7, 2019 Meeting 106
Mr. Faircloth stated each Board member received a copy of the minutes of the November 107
7, 2019 meeting and requested any additions, corrections or deletions. 108
109
On MOTION by Mr. Arcurie seconded by Mr. Gagne with all in 110
favor the Minutes of the November 7, 2019 meeting were approved. 111
112
113
114
Agenda Page 49
January 30, 2020 Heritage Bay CDD
unapproved 4
B. Acceptance of Financials 115
• The Financial Report for the period ending December 31, 2019 was reviewed with the 116
Board. Questions were answered regarding invoicing and time tracking of FEMA Direct 117
Administrative Costs with Mr. Faircloth noting that the Inframark invoice for the first 118
portion of the Hurricane Irma work had been submitted and paid by the District which 119
accounted for the the overage in the ProfServ-Mgmt Consulting Serv line item within the 120
financials. 121
122
On MOTION by Mr. Hubbard seconded by Mr. Arcurie with all in 123
favor the December 31, 2019 Financial Statements and Check 124
Register were accepted. 125
126
127
C. Field Manager’s Report 128
• The Field Manager’s Report for inspections conducted on November 25, 2019 and 129
December 24, 2019 were reviewed. 130
The record will reflect there was a five-minute recess. 131
The record will reflect the meeting reconvened at 10:40 a.m. 132
D. Updated Inframark Infrastructure Management Services Contract for Review 133
and Approval 134
• Discussion ensued with regard to the updated Inframark Infrastructure Management 135
Services contract. 136
• The Board reviewed the Inframark contract and requested various changes. It was also 137
requested that District Counsel review the revised contract prior to the March meeting. 138
E. Review of Recommended Summer 2020 Lake Bank Restoration Projects and 139
Littoral Plantings 140
• Discussion ensued with regard to the Lake bank restoration project long range planning 141
recommendations; and the following was noted: 142
➢ The Board requested staff have CPH look at geo-tubing issues with Lakes 4, 5, 7, 143
& 15; and obtain recommendations for a universal resolution. 144
➢ The Board requested staff obtain proposals from Copeland Southern Enterprises, 145
Inc. for issues identified on Lakes 10 SW bank (3-4 areas); 13 SW corner; 17 NW 146
corner; W bank; SW corner; 21 NW corner; 22 N bank; 24 NW corner drain; 30B 147
E bank bridge quadrants. 148
Agenda Page 50
January 30, 2020 Heritage Bay CDD
unapproved 5
➢ The Board requested staff obtain a proposal from Q.E. on the 30B E bank bridge 149
quadrants. 150
F. Follow Up Items 151
• Updates were given on the various projects/open items. 152
i. FEMA Update 153
• The State is working with FEMA officials regarding the appeal. Staff requested a 154
teleconference with them to speed up process, but they declined the request and encouraged 155
the District to have patience while they work through the backlog of applications. 156
• Mr. Gagne requested letters to the District’s representatives be sent for assistance with 157
FEMA funding. The Board requested the District Manager and Mr. Hubbard work together 158
to draft a letter to be sent on behalf of the District. 159
• The Board agreed to have the March 5, 2020 meeting. 160
161
TENTH ORDER OF BUSINESS Supervisor Comments 162
• None 163
164
ELEVENTH ORDER OF BUSINESS Chairman’s Comments 165
• Mr. Hubbard discussed upcoming matters with the Quarry; and the Board vacancy. He has 166
been contacted by two applicants. Interviews will occur at the March 5, 2020 meeting. 167
168
TWELFTH ORDER OF BUSINESS Audience Comments 169
• None 170
171
THIRTEENTH ORDER OF BUSINESS Adjournment 172
There being no further business, 173
174
On MOTION by Mr. Hubbard seconded by Ms. Arcurie with all in 175
favor the meeting was adjourned at 11:58 a.m. 176
177
178
_________________________ __________________________ 179
Justin Faircloth Edwin Hubbard 180
Secretary Chairman 181
Agenda Page 51
10B.
Agenda Page 52
HERITAGE BAY
Prepared by
Community Development District
Financial Report
January 31, 2020
(Unaudited)
Agenda Page 53
HERITAGE BAY
Community Development District
FINANCIAL STATEMENTS Pages
Balance Sheet - All Funds …………………………………………………. 1
Statement of Revenues, Expenditures and Changes in Fund Balance
General Fund …………………………………………………. 2 - 3
Debt Service Fund …………………………………………………. 4
Construction Fund 5
SUPPORTING SCHEDULES
Trend Report …………………………………………………. 6 - 7
Non-Ad Valorem Special Assessments …………………………………………………. 8
Cash and Investment Report …………………………………………………. 9
Construction Report Schedule …………………………………………………. 10
Requisitions List …………………………………………………. 11 - 13
Bank Reconciliation 14
Check Register with Invoices …………………………………………………. 15 - 20
Table of Contents
………………………………………………….
Agenda Page 54
HERITAGE BAY
Community Development District
Financial Statements
(Unaudited)
January 31, 2020
Agenda Page 55
HERITAGE BAY
Community Development District
Balance SheetJanuary 31, 2020
Governmental Funds
ACCOUNT DESCRIPTION
GENERAL
FUND
SERIES 2018
DEBT
SERVICE
FUND
SERIES 2018
CONSTRUCTION
& ACQUISITION
FUND TOTAL
ASSETS
Cash - Checking Account 1,916,211$ -$ -$ 1,916,211$
Due From Other Funds - 1,480,122 - 1,480,122
Investments:
Money Market Account 350,861 - - 350,861
Construction Fund - - 141,773 141,773
Reserve Fund - 392,403 - 392,403
Revenue Fund - 175,332 - 175,332
TOTAL ASSETS 2,267,072$ 2,047,857$ 141,773$ 4,456,702$
LIABILITIES
Accounts Payable 2,875$ -$ -$ 2,875$
Due To Other Funds 1,480,122 - - 1,480,122
TOTAL LIABILITIES 1,482,997 - - 1,482,997
FUND BALANCES
Restricted for:
Debt Service - 2,047,857 - 2,047,857
Capital Projects - - 141,773 141,773
Assigned to:
Operating Reserves 95,050 - - 95,050
Reserves - Erosion Control 14,687 - - 14,687
Reserves - Lakes 125,000 - - 125,000
Reserves - Loan 4,750 - - 4,750
Reserves - Stormwater System 3,310 - - 3,310
Unassigned: 541,278 - - 541,278
TOTAL FUND BALANCES 784,075$ 2,047,857$ 141,773$ 2,973,705$
TOTAL LIABILITIES & FUND BALANCES 2,267,072$ 2,047,857$ 141,773$ 4,456,702$
Page 1
Agenda Page 56
HERITAGE BAY
Community Development DistrictGeneral Fund
ANNUAL
ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($)
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV)
REVENUES
Interest - Investments 2,000$ 667$ 1,629$ 962$
Hurricane Irma FEMA Refund - - 3,787 3,787
Interest - Tax Collector - - 999 999
Special Assmnts- Tax Collector 355,190 331,644 328,226 (3,418)
Specials Assmnts – Lakes 30A & 30B 60,923 56,883 56,297 (586)
Special Assmnts- Reserves 31,250 29,178 28,878 (300)
Special Assmnts- Discounts (17,895) (16,709) (16,182) 527
Other Miscellaneous Revenues - - 5,000 5,000
TOTAL REVENUES 431,468 401,663 408,634 6,971
EXPENDITURES
Administration
P/R-Board of Supervisors 9,000 3,000 1,800 1,200
FICA Taxes 689 230 138 92
ProfServ-Arbitrage Rebate 600 600 - 600
ProfServ-Dissemination Agent 1,500 - 500 (500)
ProfServ-Engineering 14,000 4,667 792 3,875
ProfServ-Legal Services 13,000 4,333 2,438 1,895
ProfServ-Mgmt Consulting Serv 46,270 15,423 19,955 (4,532)
ProfServ-Property Appraiser 6,710 - 1,726 (1,726)
ProfServ-Special Assessment 6,600 6,600 6,600 -
ProfServ-Trustee Fees 5,157 5,157 - 5,157
ProfServ-Web Site Maintenance 1,100 367 367 -
Auditing Services 5,900 - 500 (500)
Postage and Freight 2,500 833 264 569
Insurance - General Liability 9,389 9,389 7,749 1,640
Printing and Binding 1,379 460 - 460
Legal Advertising 3,000 1,000 336 664
Misc-Bank Charges 100 100 - 100
Misc-Assessmnt Collection Cost 8,947 8,354 7,944 410
Misc-Web Hosting 6,773 2,258 2,314 (56)
Office Supplies 100 - - -
Annual District Filing Fee 175 175 175 -
Total Administration 142,889 62,946 53,598 9,348
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2020
Page 2
Agenda Page 57
HERITAGE BAY
Community Development DistrictGeneral Fund
ANNUAL
ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($)
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV)
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2020
Field
ProfServ-Field Management 12,830 4,277 6,152 (1,875)
R&M-Contingency 84 28 - 28
Total Field 12,914 4,305 6,152 (1,847)
Lakes and Ponds
Contracts-Lake and Wetland 71,200 23,733 22,400 1,333
Contracts-Water Analysis 9,861 3,287 - 3,287
Contracts-Water Quality 27,700 9,233 10,508 (1,275)
Contracts-Lakes 30A & 30B 24,000 8,000 8,000 -
Contract-Sediment Testing 6,675 6,675 - 6,675
R&M-Aquascaping 8,500 2,833 - 2,833
R&M-Stormwater System 4,000 1,333 - 1,333
R&M-Lake Erosion 71,024 23,675 24,000 (325)
R&M-Contingency 3,000 1,000 2,475 (1,475)
Reserve - Lakes 31,250 31,250 - 31,250
Reserve-Stormwater System 18,455 18,455 - 18,455
Total Lakes and Ponds 275,665 129,474 67,383 62,091
TOTAL EXPENDITURES 431,468 196,725 127,133 69,592
Excess (deficiency) of revenues
Over (under) expenditures - 204,938 281,501 76,563
Net change in fund balance -$ 204,938$ 281,501$ 76,563$
FUND BALANCE, BEGINNING (OCT 1, 2019) 502,573 502,573 502,573
FUND BALANCE, ENDING 502,573$ 707,511$ 784,074$
Page 3
Agenda Page 58
HERITAGE BAY
Community Development DistrictSeries 2018 Debt Service Fund
ANNUAL
ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($)
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV)
REVENUES
Interest - Investments -$ -$ 3,342$ 3,342$
Special Assmnts- Tax Collector 1,689,155 1,577,175 1,560,922 (16,253)
Special Assmnts- Discounts (67,566) (63,087) (61,101) 1,986
TOTAL REVENUES 1,621,589 1,514,088 1,503,163 (10,925)
EXPENDITURES
Administration
ProfServ-Property Appraiser 25,337 25,337 6,493 18,844
Misc-Assessmnt Collection Cost 33,783 31,831 29,996 1,835
Total Administration 59,120 57,168 36,489 20,679
Debt Service
Principal Debt Retirement 1,005,000 - - -
Principal Prepayments - - 5,000 (5,000)
Interest Expense 556,688 278,344 278,269 75
Total Debt Service 1,561,688 278,344 283,269 (4,925)
TOTAL EXPENDITURES 1,620,808 335,512 319,758 15,754
Excess (deficiency) of revenues
Over (under) expenditures 781 1,178,576 1,183,405 4,829
OTHER FINANCING SOURCES (USES)
Contribution to (Use of) Fund Balance 781 - - -
TOTAL FINANCING SOURCES (USES) 781 - - -
Net change in fund balance 781$ 1,178,576$ 1,183,405$ 4,829$
FUND BALANCE, BEGINNING (OCT 1, 2019) 864,452 864,452 864,452
FUND BALANCE, ENDING 865,233$ 2,043,028$ 2,047,857$
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2020
Page 4
Agenda Page 59
HERITAGE BAY
Community Development DistrictSeries 2018 Construction and Acquisition Fund
ANNUAL
ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($)
ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV)
REVENUES
Interest - Investments -$ -$ 761$ 761$
TOTAL REVENUES - - 761 761
EXPENDITURES
Construction In Progress
Construction in Progress - - 22,355 (22,355)
Total Construction In Progress - - 22,355 (22,355)
TOTAL EXPENDITURES - - 22,355 (22,355)
Excess (deficiency) of revenues
Over (under) expenditures - - (21,594) (21,594)
Net change in fund balance -$ -$ (21,594)$ (21,594)$
FUND BALANCE, BEGINNING (OCT 1, 2019) - - 163,367
FUND BALANCE, ENDING -$ -$ 141,773$
Statement of Revenues, Expenditures and Changes in Fund Balances
For the Period Ending January 31, 2020
Page 5
Agenda Page 60
January 31, 2020
HERITAGE BAY
Community Development District
Supporting Schedules
Agenda Page 61
HERITAGE BAY Community Development District Trend Report - General Fund
Acct Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Actual Thru Projected FY2020 Adopted % of
No. Account Description Actual Actual Actual Actual Budget Budget Budget Budget Budget Budget Budget Budget 1/31/2020 Next 8 Mths Total Budget Budget
Revenues
361001 Interest - Investments 397$ 351$ 436$ 442$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 167$ 1,629$ 1,333$ 2,962$ 2,000$ 148%
331397 Hurricane Irma FEMA Refund - 3,787 - - - - - - - - - - 3,787 - 3,787 - 0%
361006 Interest - Tax Collector - - - 999 - - - - - - - - 999 - 999 - 0%
363010 Special Assmnts- Tax Collector 3,226 125,223 184,006 15,770 6,873 8,376 8,297 - - - - - 328,226 23,546 351,772 355,190 99%
363018 Specials Assmnts – Lakes 30A & 30B 553 21,478 31,561 2,705 1,179 1,437 1,424 - - - - - 56,297 4,040 60,337 60,923 99%
363023 Special Assmnts- Reserves 284 11,017 16,189 1,387 605 737 730 - - - - - 28,878 2,072 30,950 31,250 99%
363090 Special Assmnts- Discounts (213) (6,300) (9,132) (537) (346) (422) (418) - - - - - (16,182) (1,186) (17,368) (17,895) 97%
369900 Other Miscellaneous Revenues - 5,000 - - - - - - - - - - 5,000 - 5,000 - 0%
Total Revenues 4,247 160,556 223,060 20,766 8,478 10,295 10,200 167 167 167 167 167 408,634 29,805 438,439 431,468 102%
Expenditures
Administrative
511001 P/R-Board of Supervisors 1,000 800 - - 750 750 750 750 750 750 750 750 1,800 6,000 7,800 9,000 87%
521001 FICA Taxes 77 61 - - 57 57 57 57 57 57 57 57 138 459 597 689 87%
531002 ProfServ-Arbitrage Rebate - - - - - - - - - - - - - - - 600 0%
531012 ProfServ-Dissemination Agent 125 125 125 125 - - - - - - - 1,500 500 1,500 2,000 1,500 133%
531013 ProfServ-Engineering - - - 792 1,167 1,167 1,167 1,167 1,167 1,167 1,167 1,167 792 9,333 10,125 14,000 72%
531023 ProfServ-Legal Services 260 1,008 423 748 1,083 1,083 1,083 1,083 1,083 1,083 1,083 1,083 2,438 8,667 11,105 13,000 85%
531027 ProfServ-Mgmt Consulting Serv 8,387 3,856 3,856 3,856 3,856 3,856 3,856 3,856 3,856 3,856 3,856 3,856 19,955 30,847 50,802 46,270 110%
531035 ProfServ-Property Appraiser - - 1,726 - - - - - - - - 6,710 1,726 6,710 8,436 6,710 126%
531038 ProfServ-Special Assessment - - 6,600 - - - - - - - - - 6,600 - 6,600 6,600 100%
531045 ProfServ-Trustee Fees 6,730 - (6,730) - - - - - - - - - - - - 5,157 0%
531094 ProfServ-Web Site Maintenance 92 92 92 92 92 92 92 92 92 92 92 92 367 733 1,100 1,100 100%
532002 Auditing Services - 500 - - - - 4,500 - 1,400 - - - 500 5,900 6,400 5,900 108%
541006 Postage and Freight 41 40 180 3 208 208 208 208 208 208 208 208 264 1,667 1,931 2,500 77%
545002 Insurance - General Liability - - 7,749 - - - - - - - - - 7,749 - 7,749 9,389 83%
547001 Printing and Binding - - - - 115 115 115 115 115 115 115 115 - 919 919 1,379 67%
548002 Legal Advertising 336 - - - 250 250 250 250 250 250 250 250 336 2,000 2,336 3,000 78%
549009 Misc-Bank Charges - - - - - - - - - - - - - - - 100 0%
549070 Misc-Assessmnt Collection Cost 77 3,028 4,452 387 173 211 209 - - - - - 7,944 593 8,537 8,947 95%
549915 Misc-Web Hosting 756 1,144 413 - 564 564 564 564 564 564 564 564 2,314 4,515 6,829 6,773 101%
551002 Office Supplies - - - - - - - - - - - 100 - 100 100 100 100%
554007 Annual District Filing Fee 175 - - - - - - - - - - - 175 - 175 175 100%
Total Administrative 18,056 10,654 18,886 6,003 8,315 8,353 12,851 8,142 9,542 8,142 8,142 16,452 53,598 79,943 133,541 142,889 93%
TOTAL
Statement of Revenues, Expenditures and Changes in Fund BalancesFor the Period Ending January 31, 2020
Report Date: 2/20/2020 Page 6
Agenda Page 62
HERITAGE BAY Community Development District Trend Report - General Fund
Acct Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Actual Thru Projected FY2020 Adopted % of
No. Account Description Actual Actual Actual Actual Budget Budget Budget Budget Budget Budget Budget Budget 1/31/2020 Next 8 Mths Total Budget Budget
TOTAL
Statement of Revenues, Expenditures and Changes in Fund BalancesFor the Period Ending January 31, 2020
Field
531016 ProfServ-Field Management 1,507 1,507 1,788 1,350 1,069 1,069 1,069 1,069 1,069 1,069 1,069 1,069 6,152 8,553 14,705 12,830 115%
546335 R&M-Contingency - - - - 7 7 7 7 7 7 7 7 - 56 56 84 67%
Total Field 1,507 1,507 1,788 1,350 1,076 1,076 1,076 1,076 1,076 1,076 1,076 1,076 6,152 8,609 14,761 12,914 114%
Lakes and Ponds
534021 Contracts-Lake and Wetland 5,600 5,600 5,600 5,600 5,933 5,933 5,933 5,933 5,933 5,933 5,933 5,933 22,400 47,467 69,867 71,200 98%
534046 Contracts-Water Analysis - - - - 822 822 822 822 822 822 822 822 - 6,574 6,574 9,861 67%
534048 Contracts-Water Quality - 13,850 - (3,343) 2,308 2,308 2,308 2,308 2,308 2,308 2,308 2,308 10,508 18,467 28,975 27,700 105%
534166 Contracts-Lakes 30A & 30B 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 8,000 16,000 24,000 24,000 100%
534167 Contract-Sediment Testing - - - - - - - - - - - - - - - 6,675 0%
546006 R&M-Aquascaping - - - - 708 708 708 708 708 708 708 708 - 5,667 5,667 8,500 67%
546090 R&M-Stormwater System - - - - 333 333 333 333 333 333 333 333 - 2,667 2,667 4,000 67%
546132 R&M-Lake Erosion 18,000 - - 6,000 5,919 5,919 5,919 5,919 5,919 5,919 5,919 5,919 24,000 47,349 71,349 71,024 100%
546335 R&M-Contingency 863 863 750 - 250 250 250 250 250 250 250 250 2,475 2,000 4,475 3,000 149%
568102 Reserve - Lakes - - - - - - - - - - - - - - - 31,250 0%
568169 Reserve-Stormwater System - - - - - - - - - - - - - - - 18,455 0%
Total Lakes and Ponds 26,463 22,313 8,350 10,257 18,273 18,273 18,273 18,273 18,273 18,273 18,273 18,273 67,383 146,191 213,574 275,665 77%
Total Expenditures 46,026 34,474 29,024 17,610 27,664 27,702 32,200 27,491 28,891 27,491 27,491 35,801 127,133 234,743 361,876 431,468 84%
Excess (deficiency) of revenues
Over (under) expenditures (41,779) 126,082 194,036 3,156 (19,186) (17,407) (22,000) (27,324) (28,724) (27,324) (27,324) (35,634) 281,501 (204,938) 76,563 - 0%
Other Financing Sources (Uses)
Contribution to (Use of) Fund Balance - - - - (19,186) (17,407) (22,000) (27,324) (28,724) (27,324) (27,324) (35,634) - (204,938) (204,938) - 0%
Total Financing Sources (Uses) - - - - (19,186) (17,407) (22,000) (27,324) (28,724) (27,324) (27,324) (35,634) - (204,938) (204,938) - 0%
Net change in fund balance (41,779)$ 126,082$ 194,036$ 3,156$ (19,186)$ (17,407)$ (22,000)$ (27,324)$ (28,724)$ (27,324)$ (27,324)$ (35,634)$ 281,501$ (204,938)$ 76,563$ -$ 0%
391000 Fund Balance, Beginning (Oct 1, 2019) 502,573 - 502,573 502,573
Fund Balance, Ending 784,074$ (204,938)$ 579,136$ 502,573$
Report Date: 2/20/2020 Page 7
Agenda Page 63
HERITAGE BAY
Community Development District All Funds
Discount / Gross Debt
Date Net Amount (Penalties) Collection Amount General Lakes Reserve Service
Received Received Amount Costs Received Fund 30A & 30B Assmnts Fund
Assessments Levied 2,136,519$ 355,191$ 60,922$ 31,250$ 1,689,157$
Allocation % 100% 17% 3% 1% 79%
21%
10/31/19 18,020$ 1,019$ 368$ 19,406$ 3,226$ 553$ 284$ 15,343$
11/15/19 189,791 8,069 3,873 201,734 33,538 5,752 2,951 159,493
11/25/19 518,892 22,017 10,590 551,498 91,685 15,726 8,067 436,021
12/13/19 985,005 41,753 20,102 1,046,861 174,038 29,851 15,312 827,660
12/27/19 56,942 1,860 1,162 59,963 9,969 1,710 877 47,408
01/17/20 90,448 2,566 1,846 94,860 15,770 2,705 1,387 74,997
TOTAL 1,859,098$ 77,283$ 37,941$ 1,974,322$ 328,226$ 56,297$ 28,878$ 1,560,922$
% COLLECTED 92% 92% 92% 92% 92%
TOTAL OUTSTANDING 162,197$ 26,965$ 4,625$ 2,372$ 128,235$
Non-Ad Valorem Special Assessments - Collier County Tax Collector
(Monthly Collection Distributions)
For the Fiscal Year Ending September 30, 2020
ALLOCATION BY FUND
Report Date: 2/25/2020 Page 8
Agenda Page 64
HERITAGE BAY
Community Development District
ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE
GENERAL FUND
Operating Checking Valley National Bank N/A 0.00% 1,916,211$ *
Money Market Account BankUnited N/A 1.50% 350,861
2,267,072
DEBT SERVICE FUND
Series 2018 Constr and Acq Fund US Bank N/A 1.3% 141,773
Series 2018 Reserve Fund US Bank N/A 1.3% 392,403
Series 2018 Revenue Fund US Bank N/A 1.3% 175,332
709,508 (1)
Total 2,976,580$
Note (1) Invested in First American Obligation Fund
*Note: $1,408,613.38 was transferred to the trustee, US Bank, in February, 2020.
Cash and Investment Balances
January 31, 2020
Subtotal General Fund
Subtotal Debt Service
Report Date: 2/25/2020 Page 9
Agenda Page 65
HERITAGE BAY Community Development District Series 2018 Construction Report
Construction Report
December 31, 2019
$ 3,461,202
Requisitons (Please see Requisition List)
Requisitions Total 3,350,651
Less Requisitions paid in FY17 $ 28,232
Total Requisitions for FY18 $ 2,669,228
Total Requisitions for FY19 630,835$
Total Requisitions for FY20 $ 22,355
Sub-Total of initial dep less requisitions $ 110,551
Interest and transfers in Construction and Acquisition Account 31,222
Balance in Construction & Acq Account as of December 31, 2019 $ 141,773
Deposit to 2018 Acquisition and Construction Account (Amount from
4/18/18)
Report Date: 2/20/2020 Page 10
Agenda Page 66
HERITAGE BAY
Community Development District Series 2018 Requisition List
REQ # FISCAL YEAR VENDOR AMOUNT DATE OF CHECK
1 FY17 Heritage Bay CDD Reimb. CPH Inv # 103070 $ 7,112.44 6/29/2018
2 FY17 Heritage Bay CDD Reimb. CPH Inv # 103671 $ 8,399.67 6/29/2018
3 FY17 Heritage Bay CDD Reimb. CPH Inv # 104031 $ 6,475.70 6/29/2018
4 FY17 Heritage Bay CDD CPH Inv # H13604-2100 $ 250.00 6/29/2018
5 FY17 Heritage Bay CDD Reimb. CPH Inv # 105069 $ 2,362.81 6/29/2018
6 FY18 Quality Enterprises INV 67922 PAY APP 1.1 $ 206,526.48 6/29/2018
7 FY18 Quality Enterprises INV 67922 PAY APP 2.1 $ 378,885.24 6/29/2018
8 FY17 Heritage Bay CDD Reimb. CYK INV 30 $ 81.25 7/26/2018
9 FY17 Heritage Bay CDD Reimb. CYK Inv 31 1,316.25$ 7/26/2018
10 FY17 Heritage Bay CDD Reimb CYK INV 32 81.25$ 7/26/2018
11 FY17 Heritage Bay CDD Reimb. CYK INV 33 1,300.00$ 7/26/2018
12 FY17 Heritage Bay CDD Reimb. CYK INV 34 853.00$ 7/26/2018
13 FY18 Heritage Bay CDD Reimb. CYK INV 35 1,218.75$ 7/26/2018
14 FY18 Heritage Bay CDD Reimb. CYK INV 36 4,062.50$ 7/26/2018
15 FY18 Heritage Bay CDD Reimb. CYK INV 37 1,446.25$ 7/26/2018
16 FY18 Heritage Bay CDD Reimb. CYK INV 2 845.00$ 7/26/2018
17 FY18 Heritage Bay CDD Reimb. CCIinv 1213 21,562.50$ 7/26/2018
18 FY18 Heritage Bay CDD Reimb. CPH INV 105202 9,387.86$ 7/26/2018
19 FY18 Heritage Bay CDD Reimb. CPH INV 105725 6,769.38$ 7/26/2018
21 FY18 Heritage Bay CDD Reimb. CPH INV 106266 12,000.00$ 7/30/2018
22 FY18 Heritage Bay CDD Reimb. CPH INV 106268 5,000.00$ 7/30/2018
23 FY18 Heritage Bay CDD Reimb. CPH INV 106264 2,644.95$ 7/30/2018
24 FY18 Heritage Bay CDD Reimb. CPH INV 106834 7,026.46$ 7/30/2018
25 FY18 Heritage Bay CDD Reimb. CPH INV 106836 1,250.00$ 7/30/2018
26 FY18 Heritage Bay CDD Reimb. CPH INV 107109 855.95$ 7/30/2018
27 FY18 Heritage Bay CDD Reimb. CPH INV 107111 4,777.81$ 7/30/2018
28 FY18 Heritage Bay CDD Reimb. CPH INV 107110 2,718.76$ 7/30/2018
29 FY18 Heritage Bay CDD Reimb. CPH INV 107735 1,482.62$ 7/30/2018
30 FY18 Heritage Bay CDD Reimb. CPH INV 107737 660.20$ 7/30/2018
32 FY18 Heritage Bay CDD Reimb. CPH INV 108333 6,335.00$ 7/30/2018
REQUISITONS
Page 11
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HERITAGE BAY
Community Development District Series 2018 Requisition List
REQ # FISCAL YEAR VENDOR AMOUNT DATE OF CHECK
33 FY18 Heritage Bay CDD Reimb. CPH INV 108108 3,753.83$ 7/30/2018
34 FY18 Quality Ent. Inv 68067 529,151.82$ 8/22/2018
35 FY18 Quality Ent. Inv 68070 829,714.60$ 8/22/2018
36* FY18 *Please see note below
37 FY18 G to Z Turf 1,540.00$ 9/4/2018
38 FY18 Heritage Bay Reimb CPH INV 110322 30,156.65$ 9/14/2018
39 FY18 Heritage Bay Reimb CPH INV 110324 790.05$ 9/14/2018
40 FY18 Heritage Bay Reimb CPH INV 107113R 600.00$ 9/14/2018
41 FY18 Heritage Bay Reimb CYK INV 4 2,778.75$ 9/14/2018
42 FY18 Heritage Bay Reimb CYK INV 3 861.25$ 9/14/2018
43 FY18 Heritage Bay CDD Reimb. CPH Inv # 108997 757.49$ 9/14/2018
44 FY18 Heritage Bay CDD Reimb. CPH Inv # 108996 3,374.65$ 9/14/2018
45 FY18 Quality Ent. HB Phase 1 Pay App. 1.3 154,281.26$ 9/24/2018
46 FY18 Quality Ent. HB Phase II Pay App. 2.3 120,993.40$ 9/24/2018
47 FY18 Quality Ent HB Phase I Pay App. 1.4 49,442.20$ 9/24/2018
48 FY18 Quality Ent HB Phase II Pay App. 2.4 73,866.30$ 9/24/2018
49 FY18 Heritage Bay CDD Reimb. CPH Inv # 109567 9,408.22$ 9/24/2018
50 FY18 Heritage Bay CDD Reimb. CPH Inv # 109569 1,536.45$ 9/24/2018
51 FY18 Heritage Bay CDD Reimb. CPH Inv # 110504 168.75$ 9/24/2018
52 FY18 Heritage Bay CDD Reimb. CPH Inv # 110502 12,232.96$ 9/24/2018
53 FY18 Heritage Bay Reimb Lake Bank Restoration Inv #6 1,738.55$ 11/1/2018
54 FY18 CPH Reimb #111061 2,485.70$ 11/1/2018
55 FY18 CPH Reimb #111063 356.25$ 11/1/2018
56 FY18 Quality Enterprises # Phase II Pay App. 2.5-2 132,895.46$ 11/1/2018
57 FY18 CPH Reimb # 111275 14,385.23$ 11/1/2018
58 FY18 CPH Reimb # 111352 12,849.92$ 11/29/2018
59 FY18 CPH Reimb # 111354 337.50$ 11/29/2018
60 FY18 Heritage Bay Reimb CYK STMT 7 32.50$ 1/24/2019
61 FY18 Heritage Bay Reimb CYK STMT 48 526.25$ 1/24/2019
62 FY18 Heritage Bay Reimb CPH INV 111975 243.75$ 1/24/2019
Page 12
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HERITAGE BAY
Community Development District Series 2018 Requisition List
REQ # FISCAL YEAR VENDOR AMOUNT DATE OF CHECK
63 FY18 CPH INV 111973 2,513.00$ 1/24/2019
64 FY19 Heritage Bay Reimb TCC Inv # 21346 4,250.00$ 3/28/2019
65 FY19 CPH Inv # 112570 1,417.28$ 3/22/2019
66 FY19 CPH Inv # 113216 1,672.50$ 3/22/2019
67 FY19 CPH Inv # 113217 2,133.85$ 3/22/2019
68 FY19 CPH Inv # 113219 487.50$ 3/22/2019
69 FY19 CPH Inv # 113758 3,745.20$ 4/22/2019
70 FY19 CPH INV # 113759 300.00$ 5/7/2019
71 FY19 CPH INV # 113813 2,606.75$ 5/7/2019
72 FY19 CPH INV # 113812 1,770.60$ 5/7/2019
73 FY19 CPH INV # 114320 1,595.50$ 5/17/2019
74 FY19 CPH # INV 114321 2,611.35$ 5/17/2019
75 FY19 QUALITY ENTERPRISE INV # 68227 PAY APP 1.5 79,970.49$ 5/20/2019
76 FY19 IRRIGATION SPECIALISTS INV # 9724 2,950.00$ 5/24/2019
77 FY19 IRRIGATION SPECIALISTS INV # 9726 4,466.50$ 5/24/2019
78 FY19 IRRIGATION SPECIALISTS INV # 9725 2,950.00$ 6/14/2019
79 FY19 IRRIGATION SPECIALSTS INV # 9727 4,466.50$ 6/12/2019
80 FY19 IRRIGATION SPECIALISTS INV # 9761 2,100.00$ 6/12/2019
81 FY19 COPELAND SOUTHERN ENT. INV # 202A 37,575.00$ 6/12/2019
82 FY19 IRRIGATION SPECIALISTS INV # 9762 2,804.00$ 6/14/2019
83 FY19 CPH Inv # 114919 7,391.35$ 7/1/2019
84 FY19 CPH Inv # 114920 7,588.50$ 7/1/2019
85 FY19 CPH Inv # 115463 8,668.75$ 7/26/2019
86 FY19 Quality Enterprise Inv # 69841 PAY APP 4.1 119,601.00$ 8/1/2019
87 FY19 Quality Enterprise Inv # 69902 PAY APP 3.1 216,469.80$ 8/1/2019
88 FY19 CPH Inv # 115462 10,574.05$ 8/12/2019
89 FY19 CPH Inv # 115569 12,642.30$ 8/12/2019
90 FY19 Quality Enterprises Inv # 70195 PAY APP 3.2 88,026.10$ 8/28/2019
91 FY20 CPH Inv # 116307 4,720.10$ 10/3/2019
92 FY20 CPH # 116738 521.40$ 11/15/2019
93 FY20 Quality Enterprise Inv # 70721 14,639.00$ 1/8/2020
94 FY20 CPH Inv # 117659 2,474.55$ 1/29/2020
FY17 (1) FY18 (1) Total (1) 3,350,650.74
28,232.37$ 2,669,228.45$
FY19 (1) FY20 (1)
630,834.87$ $22,355.05 *Note - Req 36 - Heritage Bay $3780 came out of the Cost of Issuance Account.
Page 13
Agenda Page 69
Posting Date
Document Type
Document No. Description Amount
Cleared Amount Difference
Outstanding Checks
12/27/2019 Payment 3574 COLEMAN, YOVANOVICH & KOESTER, P.A. 260.00 0.00 260.00
1/24/2020 Payment 3583 INNERSYNC, LTD 756.15 0.00 756.15
1/24/2020 Payment 3586 HERITAGE BAY C/O US BANK 700,000.00 0.00 700,000.00
1/29/2020 Payment 3587 HERITAGE BAY C/O US BANK 708,613.38 0.00 708,613.38
1/30/2020 Payment 3588 HERITAGE BAY COUNTRY CLUB 6,000.00 0.00 6,000.00
Total Outstanding Checks...................................................................................................................... 1,415,629.53 1,415,629.53
G/L Balance 507,597.25
Bank Account No. 9727
Statement No. 01-20
Statement Date 1/31/2020
Statement Balance 1,923,226.78G/L Balance (LCY) 507,597.25
Difference 0.00
Ending G/L Balance 507,597.25
Subtotal 507,597.25
Outstanding Deposits 0.00
Negative Adjustments 0.00
Positive Adjustments 0.00
Subtotal 1,923,226.78
Outstanding Checks 1,415,629.53
Ending Balance 507,597.25
Differences 0.00
Valley National Bank GF
Bank Reconciliation
Heritage Bay CDD
Page 14
Agenda Page 70
Fund
No.
Check /
ACH No.Date Payee Invoice No. Payment Description Invoice / GL Description G/L Account #
Amount
Paid
GENERAL FUND - 001
001 3580 01/24/20 COLEMAN, YOVANOVICH & KOESTER, P.A. 59 NOV 2019 GEN COUNSEL 6176-006M 531023-51401 $422.50
001 3580 01/24/20 COLEMAN, YOVANOVICH & KOESTER, P.A. 60 DEC GEN COUNSEL 6176-006M 531023-51401 $747.50
001 3581 01/24/20 CPH, INC 116912 WATER MONITORING OCT 2019 Contracts-Water Quality 534048-53917 $13,850.00
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES ProfServ-Mgmt Consulting Serv 531027-51201 $3,855.83
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES ProfServ-Field Management 531016-53901 $1,069.17
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES ProfServ-Field Management 531016-53901 $718.75
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES Postage and Freight 541006-51301 $7.50
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES ProfServ-Web Site Maintenance 531094-51301 $91.67
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES ProfServ-Special Assessment 531038-51301 $6,600.00
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES Misc-Web Hosting 549915-51301 $413.17
001 3582 01/24/20 INFRAMARK, LLC 47402 DEC 2019 MGMNT SERVICES ProfServ-Dissemination Agent 531012-51301 $125.00
001 3583 01/24/20 INNERSYNC, LTD 18039 WEB CDD IMPLEMENTATION Misc-Web Hosting 549915-51301 $756.15
001 3584 01/24/20 LAKE & WETLAND MANAGEMENT, INC 7518 JAN LAKE MAINT Contracts-Lake and Wetland 534021-53917 $5,600.00
001 3584 01/24/20 LAKE & WETLAND MANAGEMENT, INC 7518 JAN LAKE MAINT Contracts-Lakes 30A & 30B 534166-53917 $2,000.00
001 3588 01/30/20 HERITAGE BAY COUNTRY CLUB 200 REGRADE LAKE BANK HOLE 6 R&M-Lake Erosion 546132-53917 $6,000.00
Fund Total $42,257.24
Total Checks Paid $42,257.24
(Sorted by Check / ACH No.)
Payment Register by Fund
For the Period from 1/1/2020 to 1/31/2020
HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT
Page 15
Agenda Page 71
Coleman, Yovanovich & Koester, P.A.Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300Naples, Florida 34103-3556Telephone: (239) 435-3535
Fax: (239) 435-1218
Page: 1Heritage Bay CDD December 26, 2019c/o Inframark File No: 6176-001M210 N. University Dr. Suite 702 Statement No: 59Coral Springs FL 33071 Attn: Justin Faircloth
Gen Rep
SENT VIA EMAIL TO: [email protected]
Previous Balance $1,007.50
Fees
Hours11/01/2019 GLU Review email correspondence from Justin Faircloth on expenditure
resolution; Draft resolution relating to expenditures; Draft emailcorrespondence to Justin Faircloth on same 0.70 227.50
11/07/2019 GLU Review agenda for Board of Supervisors meeting 0.20 65.00
11/27/2019 GLU Review multiple email correspondence from Justin Faircloth on projectcloseout; Telephone conference with Justin Faircloth on same 0.40 130.00
Professional Fees through 12/26/2019 1.30 422.50
Total Current Work 422.50
Payments
Total Payments Through 12/26/2019 -1,007.50
Balance Due $422.50
Page 16
Agenda Page 72
Coleman, Yovanovich & Koester, P.A.Northern Trust Bank Building
4001 Tamiami Trail North, Suite 300Naples, Florida 34103-3556Telephone: (239) 435-3535
Fax: (239) 435-1218
Page: 1Heritage Bay CDD January 14, 2020c/o Inframark File No: 6176-001M210 N. University Dr. Suite 702 Statement No: 60Coral Springs FL 33071 Attn: Justin Faircloth
Gen Rep
SENT VIA EMAIL TO: [email protected]
Previous Balance $422.50
Fees
Hours12/11/2019 GLU Review multiple email correspondence from Justin Faircloth and Chair on
RFI from FDEM regarding bidding information; Review and comment onproposed response; Draft email correspondence to Justin Faircloth andChair 0.70 227.50
12/14/2019 GLU Review multiple email correspondence from Justin Faircloth on publicassistance RFI 0.10 32.50
12/17/2019 GLU Review and respond to email correspondence from Justin Fairclothregarding closeout forms for Quality Enterprises; Draft project completionforms 1.00 325.00
12/23/2019 GLU Review email correspondence from Justin Faircloth on flyer relating to ADAcompliance measures; Review flyer; Brief research on same; Draft emailcorrespondence to Justin Faircloth 0.50 162.50
Professional Fees through 01/14/2020 2.30 747.50
Total Current Work 747.50
Balance Due $1,170.00
Page 17
Agenda Page 73
Page 18
Agenda Page 74
For any questions or comments regarding invoice contact us at 513-620-4016 or [email protected]
INVOICEBILL TO
Heritage Bay CDD210 N. University DriveSuite 702Coral Springs, FL 33071
INVOICE # 18039DATE 11/28/2019
DUE DATE 12/13/2019TERMS Net 15
DESCRIPTION AMOUNT
CDD Implementation - Onboarding of ADA Compliant Website & Remediation of Historical Documents
756.15
Final 50% Implementation BALANCE DUE $756.15
Page 19
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Page 20
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PROJECTDATE
APPROVEDAMOUNT APPROVED ACTUAL COST
UNDER / OVER
BUDGETSTATUS NOTES
Golf Course Practice Facility 2/1/2017 3,765.21 3,765.21 Completed Received reimbursement 4/16 for all CDD expenses.
Lake and Wetland Management Boat
Rides3/2/2017 100.00 - (100.00) Completed For Supervisors touring Lakes 30A & 30B - waiting on invoice
CPH Water Quality Monitoring #3 3/2/2017 68,988.00 45,992.00 (22,996.00) Completed
6 rounds of sampling ($11,498 ea.) 4/17, 7/17, & 4 in FY18 - Agreement sent to CPH on
6/15/17 - Board voted at the 10/17 meeting not to do the last quarter of testing as water
quality but instead as Bathymetrics determined at the 11/17 meeitng as lakes
(1,2,4,6,8,9,11,13,14,16,17,1821,23,24,28, & 29)
CPH Lake Bathymetrics #2 3/2/2017 9,861.27 10,766.49 905.22 Completed cost is $202.52/acre @ 43.36 acres - to be completed in FY 2018.
CPH Lake 30A & 30B Survey 3/2/2017 6,000.00 7,112.44 1,112.44 Completed included reimburseable costs of $1,112.44 - Agreement sent to CPH on 6/15/17
Copeland Southern FY2017 Erosion
Repairs3/2/2017 40,550.00 41,350.00 800.00 Completed
includes a NTE amount of $500 for L6L20 on L6 side for sediment control. L6 was done
for $0, instead applied to L19 pipe for $475 - additional repairs on lake 19 included - $825
CPH Lake 30A & 30B Rip Rap
Design/Bidding 4/6/2017 145,350.00 115,250.70 (30,099.30) In Progress
agreement sent to CPH on 6/15/17 - addtional $108,000.00 allowed for inspections and
compaction testing authorized on 6-7-18. See spreadsheet for reimbursables.
Copeland Southern FY2017 Pipe Repairs 4/6/2017 4,500.00 4,500.00 - Completed Not to exceed amount.
L28/L30 Monitoring 5/4/2017 5,000.00 2,500.00 (2,500.00) Completed
Copeland Southern Lake 20 Repairs 7/20/2017 2,775.00 - (2,775.00) Deferred Board decided not to pursue - permanent fix being engineered by CPH.
Creekbridge Hurricane Damage Repairs 9/29/2017 19,687.50 21,562.50 1,875.00 Completed
Q.E. Lake 30A/30B Erosion Restoration 10/5/2017 1,314,480.48 1,023,622.25 (290,858.23) Completed
CPH Lake 20 North Bank 11/2/2017 16,950.00 14,745.40 (2,204.60) Completed
CPH Emergency lake Bank Repair
30/A/30B11/2/2017 117,950.00 111,362.05 (6,587.95) In Progress Includes design,bidding, oversight. Additional $12,500 allowed for testing on 6-7-18
CPH C.S. Replacement 30A/30B 11/2/2017 21,450.00 22,700.55 1,250.55 In Progress Includes design,bidding, oversight. Reimburseables of $1,356.80
Q.E. Hurricane Emergency Lake Bank
Restoration / Outfall Structures 1/4/2018 1,755,429.50 1,537,895.12 (217,534.38) In Progress
LWM Lake 19 Carp Install 1/4/2018 3,708.00 - (3,708.00) DeferredContract sent to LWM on 1-8-18. They will handlle all permiting. Cenceled as of May 2018
CDD Meeting.
MRI Buoy Installation 2/1/2018 2,000.00 - (2,000.00) Deferred Canceled as of May 2018 CDD Meeting
CPH Water/Sediment Testing FY 2019 7/12/2018 34,375.00 34,375.00 - Completed Waiting on revised contract with changes to ENV-2to be 4/2019 & ENV-3 to be 10/2018.
Buttonwood Grass 10/1/2017 1,162.50 1,162.50 Completed 150 3 gal. Fakahatchee Grass plants - golf course to install
Summer 2018 Erosion Work 5/3/2018 67,500.00 65,565.00 (1,935.00) Completed Not to Exceed Amount
MRI Stormwater System Inspection 9/6/2018 3,000.00 3,000.00 - Completed
QE Supplemental 30A East Bank 9/11/2018 260,669.20 304,495.90 43,826.70 In ProgressAdded change orders #1 & 2 for $80K & $5,425 on 5/17/19 - total new cost is $346,094.20
overage should be $85,425 or less.
2
Agenda Page 77
PROJECTDATE
APPROVEDAMOUNT APPROVED ACTUAL COST
UNDER / OVER
BUDGETSTATUS NOTES
QE North Bank Lake 20 9/11/2018 149,039.00 134,240.00 (14,799.00) Completed Final documents received 12/18/19 final requisition reqeust submitted 12/20/19
CPH Muck Probe Sampling FY 2019 10/4/2018 5,600.00 5,600.00 - Completed sent signed contract to CPH on 10/10/18
ADA Site Compliance Review 10/4/2018 199.00 199.00 - Completed sent signed contract to on 10/8/18
CPH Boat Launch Design 12/6/2018 22,000.00 9,318.56 (12,681.44) DeferredNTE - waiting on contract from CPH - sent signed contract to CPH and Recording/Finance
on 1/18/19 - Borad decided to abandon this project at the Feb 2019 meeting.
QE Boat Launch Construction 12/6/2018 28,000.00 563.20 (27,436.80) DeferredNTE - waiting on CPH design - Board Decided to terminate project at the February 2018
meeting.
LWM Cypress Tree Trimming 12/6/2018 3,500.00 3,500.00 - Completed sent emails to LWM on 12/27/18 & 1/8/19
Drone Video of Lakes 30A&30B 12/6/2018 5,000.00 - (5,000.00) Deferred NTE - reached out to Tim Hall, reached out to Florida Aerial Survey on 1/7/18.
Inframark Lake Bank Erosion Evaluation 12/6/2018 2,000.00 2,000.00 - Completed NTE
LWM Littoral Planting Lakes 4 & 5 3/22/2019 1,111.50 1,111.50 - CompletedReceived proposal from LWM 4/16/19 & returned signed. 5/17/19 requested littorals stop
being planted and moved to lake 24 if necessary due to lake bank restoration per
Chairman. Communicated week of 5/27/29 to plant lake 4.
MRI SWS Cleaning 3/22/2019 35,350.00 34,600.00 (750.00) Completed Documents obtained. Waiting on inspection date.
CS Lake Bank Restoration 3/22/2019 142,225.00 146,925.00 4,700.00 Completed
$124,100 - NTE amount approved at the 3/22/19 meeting. Signed contract sent 4/15/19.
Sent signed contract to Recording/Finance on 5/17/19. wiating on reimbursement from
Hotwire - sent email on 5/17/19 for $2,550 in damages. Sent revised invoice to Hotwire on
5/22/19 for $1,350. Additional $2,775 for Terrace I damages(reimbursement received),
$7,775 for Terrace II damaages(reimbursement received) both approved at the 2/14/19
meeting, and $7,575 for lake 4 drain as approved at the 6/6/19 meeting.
HBGCC Lake 6 Bank Restoration 3/22/2019 6,000.00 6,000.00 - Completed
LWM Palm Removal (4 trees) 4/26/2019 1,000.00 1,000.00 Completed Price determined after the meeting.
I.S. Lake 20 Irrigation Re-Route 5/17/2019 14,833.00 19,737.00 4,904.00 Completedsent documents to I.S. on 5/17/19 need COI, addendum. Change order in the amount of
$2,017 approved on 5/29/19. Board approved all overages at the 6/6/19 meeting
LWM Bathymetric Survey Lake 30B 5/17/2019 1,750.00 1,750.00 - Completed
C.S. Lake 14 & 21 repairs 10/3/2019 7,450.00 7,450.00 - Completed Sent docs to Scott on 10/7/19. waiting on signed addendum.
Lake 30B Marker installation 10/3/2019 3,205.00 2,474.57 (730.43) Completed
CPH FY2020 Water Sampling 10/3/2019 27,700.00 13,850.00 (13,850.00) In Progress
- -
Total for all Projects 4,671,926.45 4,085,340.25 (586,586.20)
Totals for Projects Shown 4,355,286.45 3,762,041.94 (593,244.51) updated 2/25/20
2
Agenda Page 78
Updated 1/31/2020
TOTAL SPENT
PROJECT DATE APPROVED ACTUAL COST STATUS NOTES
Lake 30A & 30B Rip Rap Project 4/6/2017 1,155,933.99 Completed
Hurricane Erosion Repairs 30A/30B 10/5/2017 1,657,522.17 In Progress
Outfall Structures 30A/30B 11/2/2017 22,700.55 In Progress
North Bank 20 11/2/2017 169,248.65 Completed
Creekbridge Hurricane Damage Repairs 9/29/2017 21,562.50 Completed
Copeland Southern 18 5/3/2018 5,201.25 Completed
Copeland Southern 20 S.W. side 5/3/2018 23,726.25 Completed
Copeland Southern 19 W side 3/22/2019 37,575.00 Completed
FEMA 10/1/2017 5,990.00 In Progress
QE Supplemental 30A East Bank 9/11/2018 304,495.90 In Progress
Total 3,403,956.26
Heritage Bay CDD Rip Rap Project Lakes 30A & 30B
$3,403,956
1
Agenda Page 79
10C.
Agenda Page 80
HERITAGE BAYCommunity Development District
Annual Operating and Debt Service Budget
Fiscal Year 2021
Prepared by:
Proposed Budget(Meeting 3/5/20)
Agenda Page 81
HERITAGE BAY
Community Development District
Page #
OPERATING BUDGET
General Fund
Summary of Revenues, Expenditures and Changes in Fund Balance …………………………….. 1 - 2
Exhibit A - Allocation of Fund Balances …………………………………………………………………. 3
Budget Narrative …………………………………………………………………………………………… 4 - 7
DEBT SERVICE BUDGET
Series 2018
Summary of Revenues, Expenditures and Changes in Fund Balances …………………………….. 8
Amortization Schedule …………………………………………………………………………………….. 9
Budget Narrative ………………………………………………………………………………………………… 10
SUPPORTING BUDGET SCHEDULES
2020-2021 Non-Ad Valorem Assessment Summary ……………………………………………………….. 11
Table of Contents
Agenda Page 82
HERITAGE BAY
Community Development District
Budget OverviewFiscal Year 2021
Agenda Page 83
Fiscal Year 2021
HERITAGE BAY
Community Development District
Operating Budget
Agenda Page 84
HERITAGE BAY
Community Development District General Fund
ADOPTED ACTUAL PROJECTED TOTAL ANNUAL
ACTUAL ACTUAL BUDGET THRU FEB- PROJECTED BUDGET
ACCOUNT DESCRIPTION FY 2018 FY 2019 FY 2020 JAN-2020 SEP-2020 FY 2020 FY 2021
Interest - Investments 3,241$ 7,367$ 2,000$ 1,629$ 3,258$ 4,887$ 2,000$
Hurricane Irma FEMA Refund 44,179 3,787 - 3,787
Interest - Tax Collector 96 1,087 - 999 - 999 -
Special Assmnts- Tax Collector 355,190 355,190 355,190 328,226 26,964 355,190 355,190
Special Assmnts- Lakes 30A & 30B 60,922 60,923 60,923 56,297 4,626 60,923 60,923
Special Assmnts- Reserves 31,250 31,250 31,250 28,878 2,372 31,250 31,250
Special Assmnts- Discounts (16,490) (16,333) (17,895) (16,182) (799) (16,981) (17,895)
Other Miscellaneous Revenue 31,000 36,800 - 5,000 - 5,000 -
TOTAL REVENUES 465,209 520,463 431,468 408,634 36,421 445,055 431,468
EXPENDITURES
Administrative
P/R-Board of Supervisors 16,000 8,000 9,000 1,800 7,200 9,000 9,000
FICA Taxes 1,224 612 689 138 551 689 689
ProfServ-Arbitrage Rebate - - 600 - 600 600 600
ProfServ-Dissemination Agent - 1,500 1,500 500 1,000 1,500 1,545
ProfServ-Engineering 22,878 27,411 14,000 792 13,208 14,000 14,000
ProfServ-Legal Services 26,871 28,676 13,000 2,438 10,562 13,000 13,000
ProfServ-Mgmt Consulting Serv 41,793 44,972 46,270 19,955 30,846 50,801 47,658
ProfServ-Property Appraiser - 6,710 6,710 1,726 4,984 6,710 6,710
ProfServ-Special Assessment 5,464 6,200 6,600 6,600 - 6,600 6,798
ProfServ-Trustee Fees - - 5,157 - 5,157 5,157 5,157
ProfServ-Web Site Maintenance 773 1,000 1,100 367 734 1,101 1,133
Auditing Services 3,700 5,800 5,900 500 5,400 5,900 5,900
Postage and Freight 2,839 739 2,500 264 528 792 2,500
Insurance - General Liability 15,389 7,750 9,389 7,749 - 7,749 7,749
Printing and Binding 7,428 1,911 1,379 - 919 919 947
Legal Advertising 3,241 1,806 3,000 336 672 1,008 3,000
Misc-Bank Charges 1 1 100 - 67 67 100
Misc-Assessmnt Collection Cost (613) 4,174 8,947 7,944 587 8,947 8,947
Misc-Web Hosting 47 1,612 6,773 2,314 515 2,829 6,773
Office Supplies - - 100 - 67 67 100
Annual District Filing Fee 175 175 175 175 - 175 175
Total Administrative 147,210 149,049 142,889 53,598 83,597 137,611 142,481
REVENUES
Summary of Revenues, Expenditures and Changes in Fund Balances
Fiscal Year 2021 Proposed Budget
Annual Operating and Debt Service Budget Fiscal Year 2021 Page 1
Agenda Page 85
HERITAGE BAY
Community Development District General Fund
ADOPTED ACTUAL PROJECTED TOTAL ANNUAL
ACTUAL ACTUAL BUDGET THRU FEB- PROJECTED BUDGET
ACCOUNT DESCRIPTION FY 2018 FY 2019 FY 2020 JAN-2020 SEP-2020 FY 2020 FY 2021
Summary of Revenues, Expenditures and Changes in Fund Balances
Fiscal Year 2021 Proposed Budget
Field
ProfServ-Field Management 11,536 20,688 12,830 6,152 6,678 12,830 13,215
R&M-Contingency - - 84 - 56 56 4,107
Capital Outlay - 57,825 - - - - -
Total Field 11,536 78,513 12,914 6,152 6,734 12,886 17,322
Lakes and Ponds
Contracts-Lake and Wetland 71,200 67,200 71,200 22,400 48,800 71,200 67,200
Contracts-Water Analysis 10,766 5,600 9,861 - 9,861 9,861 9,861
Contracts-Water Quality Monitoring 22,996 27,700 27,700 10,508 17,192 27,700 27,700
Contracts-Lakes 30A & 30B 12,000 18,000 24,000 8,000 16,000 24,000 24,000
Contracts-Sediment Testing - 6,675 6,675 - 6,675 6,675 6,675
R&M-Aquascaping - 2,559 8,500 - 5,667 5,667 8,500
R&M - Stormwater System - 4,000 4,000 - 4,000 4,000 4,000
R&M-Lake Erosion 37,800 575 71,024 24,000 48,000 72,000 71,024
R&M-Contingency - 5,250 3,000 2,475 4,950 7,425 3,000
Improvement-Lake Bank Restoration 29,512 39,050 - - - - -
Reserve - Lakes - - 31,250 - - 31,250 31,250
Reserve - Stormwater System - 33,600 18,455 - - 18,455 18,455
Total Lakes and Ponds 184,274 210,209 275,665 67,383 161,145 278,233 271,665
Debt Service
Operating Loan Repayment 13,141 - - - - - -
Interest Expense-Note 1,554 - - - - - --
Total Debt Service 14,695 - - - - - -
TOTAL EXPENDITURES 357,715 437,771 431,468 127,133 251,475 428,730 431,468
Excess (deficiency) of revenues
Over (under) expenditures 107,494 82,692 - 281,501 (215,054) 16,325 -
OTHER FINANCING SOURCES (USES)
Interfund Transfer - In 28,232 - - - - - -
TOTAL OTHER SOURCES (USES) 28,232 - - - - - -
Net change in fund balance 135,726 82,692 - 281,501 (215,054) 16,325 -
FUND BALANCE, BEGINNING 284,155 419,881$ 502,573 502,573 - 502,573 518,898
FUND BALANCE, ENDING 419,881$ 502,573$ 502,573$ 784,074$ (215,054)$ 518,898$ 518,898$
Annual Operating and Debt Service Budget Fiscal Year 2021 Page 2
Agenda Page 86
HERITAGE BAY
Community Development District
AVAILABLE FUNDS
Amount
Beginning Fund Balance - Fiscal Year 2021 518,898$
Net Change in Fund Balance - Fiscal Year 2021 -
Reserves - Fiscal Year 2021 Additions 49,705
Total Funds Available (Estimated) - 9/30/2021 568,603
Assigned Fund Balance
Operating Reserve - First Quarter Operating Capital 95,441(1)
Reserves - Erosion Control (Prior years) 14,687
Reserves - Lakes (Prior Years) 125,000
Reserves - Lakes (FY20) 31,250
Reserves - Lakes (FY21) 31,250 187,500
Reserves - Stormwater System (Prior Years) 3,310
Reserves - Stormwater System (FY20) 18,455
Reserves - Stormwater System (FY21) 18,455 40,220
Reserves - Loan (Prior years) 4,750
Subtotal 342,598
Total Allocation of Available Funds 342,598
Total Unassigned (undesignated) Cash 226,006$
Notes
(1) Represents approximately 3 months of operating expenditures
ALLOCATION OF AVAILABLE FUNDS
Allocation of Fund Balances
Exhibit "A"
Annual Operating and Debt Service Budget
Fiscal Year 2021 Page 3
Agenda Page 87
HERITAGE BAY Community Development District
General Fund
Budget Narrative Fiscal Year 2021
Annual Operating and Debt Service Budget Fiscal Year 2021
REVENUES
Interest-Investments
The District earns interest on the monthly average collected balance for their money market accounts.
Special Assessments-Tax Collector
The District will levy a Non-Ad Valorem assessment on all sold and platted parcels (using the uniform method) within the District in order to pay for the operating expenditures during the Fiscal Year.
Special Assessments-Lakes 30A & 30B
The District will levy a Non-Ad Valorem assessment on all sold and platted parcels (using the uniform method) within the District in order to pay for the repair of Lakes 30A & 30B and any impending debt associated with making repairs.
Special Assessments-Reserves
The District will levy a Non-Ad Valorem assessment on all sold and platted parcels (using the uniform method) within the District in order re-establish reserves which were depleted due to the District having to address numerous lake bank erosion issues.
Special Assessments-Discounts
Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non-Ad Valorem assessments.
EXPENDITURES
Administrative.
P/R-Board of Supervisors
Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated $200 per meeting at which they are in attendance. The amount for the Fiscal Year is based upon all supervisors attending all meetings. FICA Taxes are calculated at 7.65% of gross payroll.
Professional Services-Arbitrage Rebate
The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds
Professional Services-Dissemination Agent
This line item is to cover dissemination services as required. Services are provided by Inframark.
Professional Services-Engineering
The District's engineer provides general engineering services to the District, i.e. attendance and preparation for board meetings when requested, review of invoices, and other specifically requested assignments.
Professional Services-Legal Services
The District’s attorney provides general legal services to the District, i.e., attendance and preparation for Board meetings, review of contracts, agreements, resolutions and other research as directed or requested by the BOS District Manager.
4
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Agenda Page 88
HERITAGE BAY Community Development District
General Fund
Budget Narrative Fiscal Year 2021
Annual Operating and Debt Service Budget Fiscal Year 2021
EXPENDITURES
Administrative (continued)
Professional Services-Management Consulting Services
The District receives Management, Accounting and Administrative services as part of a Management Agreement with Inframark Infrastructure Management Services. Inframark manages all of the District’s financial activities such as accounts payable, financial statements, auditing and budgeting in accordance with the management contract in effect.
Professional Services-Property Appraiser
The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service which is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections.
Professional Services-Special Assessment
This is the Administrative fees to prepare the District’s special assessment roll.
Professional Services-Trustee Fees
The District pays US Bank an annual fee for trustee services on the Series 2018 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses.
Professional Services-Web Site Maintenance
Inframark Management Services oversees the District’s email accounts and provides assistance to Campus Suite regarding the website as necessary.
Auditing Services
The District is required to conduct an annual audit of its financial records by an Independent Certified Public Accounting Firm. The budgeted amount for the fiscal year is based on contracted fees from an existing engagement letter.
Postage and Freight
Actual postage used for District mailings including agenda packages, vendor checks and other correspondence.
Insurance-General Liability
The District's General Liability & Public Officials Liability Insurance policy is with Public Risk Insurance Agency, Inc. They specialize in providing governmental insurance coverage. The budgeted amount projects a 10% increase in the premium.
Printing and Binding
Copies used in the preparation of agenda packages, required mailings, and other special projects.
Legal Advertising
The District is required to advertise various notices for Board meetings and other public hearings in a newspaper of general circulation.
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Agenda Page 89
HERITAGE BAY Community Development District
General Fund
Budget Narrative Fiscal Year 2021
Annual Operating and Debt Service Budget Fiscal Year 2021
EXPENDITURES (continued)
Administrative (continued)
Miscellaneous-Bank Charges
In the rare event of bank service charges from operating or money market accounts, the cost will be assigned here.
Miscellaneous-Assessment Collection Costs
The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2% of the anticipated assessment collections.
Miscellaneous-Web Hosting
The District incurs costs for maintaining the District’s website domain and email accounts.
Office Supplies Supplies used in the preparation and binding of agenda packages, required mailings, and other special projects.
Annual District Filing Fee
The District is required to pay an annual fee of $175 to the Department of Economic Opportunity Division of Community Development.
Field
Professional Services-Field Management
Field Management Services for the District is performed by Inframark Infrastructure Management Services. This includes the regular inspection of all District assets and contractor performance monitoring. A monthly report is provided for the Board’s review to allow for their consideration of issues and action to consider.
R&M-Contingency
All other field expenses that do not fall into the category described above will be expensed to contingency.
Lakes & Ponds
Contracts-Lake and Wetland
A contract was negotiated with Lake & Wetland Management for monthly lake maintenance of the District’s lakes and littoral shelf maintenance which includes approximately 14.52 acres. Fluorodine Treatment was added May 2015.
Contracts-Water Analysis
A contract was negotiated with CPH for bathymetric to be performed on Lakes.
Contracts-Water Quality Monitoring
A contract was negotiated with CPH for testing of the lakes and water quality monitoring.
6
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Agenda Page 90
HERITAGE BAY Community Development District
General Fund
Budget Narrative Fiscal Year 2021
Annual Operating and Debt Service Budget Fiscal Year 2021
EXPENDITURES (continued)
Lakes & Ponds (continued)
Contracts-Lakes 30A & 30B
A contract was negotiated with Lake & Wetland Management for monthly maintenance of lakes 30A & 30B.
Contracts-Sediment Testing
Contract with CPH to do sediment testing in the District lakes.
R&M-Aquascaping
This is for any repair and maintenance expenses pertaining to the District’s lakes that are not covered in the contract.
R&M-Stormwater System
This is for any repair and maintenance expenses pertaining to the stormwater system.
R&M-Lake Erosion
This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract.
R&M-Contingency
All other lake expenses that do not fall into the previous repair and maintenance categories will be expensed to contingency.
Reserve-Lakes
Lake improvement expenses that are projected to occur in the future are appropriated with this account.
Reserve-Stormwater System
Stormwater system/drainage expenses that are projected to occur in the future are appropriated with this account.
.
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Agenda Page 91
HERITAGE BAY Community Development District
Debt Service Fund
Budget Narrative Fiscal Year 2021
Annual Operating and Debt Service Budget Fiscal Year 2021
REVENUES
Interest-Investments
The District earns interest on the monthly average collected balance for their trust accounts.
Special Assessments-Tax Collector
The District will levy a Non-Ad Valorem assessment on all sold and platted parcels (using the uniform method) within the District in order to pay for the operating expenditures during the Fiscal Year.
Special Assessments-Discounts
Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non-Ad Valorem assessments.
EXPENDITURES
Administrative
Professional Services-Property Appraiser
The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. The property appraiser cost is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections.
Miscellaneous-Assessment Collection Costs
The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2% of the anticipated assessment collections.
Debt Service
Principal Debt Retirement
The District pays regular principal payments annually in order to pay down/retire the debt.
Interest Expense
The District makes semi-annual interest payments on the outstanding debt.
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Agenda Page 92
HERITAGE BAY
Community Development District
Debt Service BudgetFiscal Year 2021
Agenda Page 93
HERITAGE BAY
Community Development District Series 2018 Debt Service Fund
ADOPTED ACTUAL PROJECTED TOTAL ANNUAL
ACTUAL ACTUAL BUDGET THRU FEB- PROJECTED BUDGET
ACCOUNT DESCRIPTION FY 2018 FY 2019 FY 2020 JAN-2020 SEP-2021 FY 2020 FY 2021
Interest - Investments 3,925$ 17,479$ -$ 3,342$ 668$ 4,010$ 3,000$
Special Assmnts- Tax Collector 16,736 1,689,155 1,689,155 1,560,922 128,233 1,689,155 1,689,155
Special Assmnts- Discounts - (61,668) (67,566) (61,101) (5,129) (67,566) (67,566)
Other Miscellaneous Revenues 10,263 - - - - - -
TOTAL REVENUES 30,924 1,644,966 1,621,589 1,503,163 123,772 1,625,599 1,624,589
EXPENDITURES
Administrative
ProfServ-Arbitrage Rebate - 600 - - - - -
ProfServ-Property Appraiser - 19,629 25,337 6,493 18,844 25,337 25,337
ProfServ-Trustee Fees - 7,655 - - - - -
Misc-Assessmnt Collection Cost - 15,757 33,783 29,996 2,564.66 33,783 33,783
Total Administrative - 43,641 59,120 36,489 21,409 59,120 59,120
Debt Service
Principal Debt Retirement 16,110,000 990,000 1,005,000 - 1,005,000 1,005,000 1,030,000
Principal Prepayments - 5,000 - 5,000 - 5,000 -
Interest Expense 283,983 597,305 556,688 278,269 278,269 556,538 535,181
Cost of Issuance 204,039 - - - - - -
DS Bond Discount 281,935 - - - - - -
Underwriter 160,963 - - - - - -
Total Debt Service 17,040,920 1,592,305 1,561,688 283,269 1,283,269 1,566,538 1,565,181
TOTAL EXPENDITURES 17,040,920 1,635,946 1,620,808 319,758 1,304,677 1,625,658 1,624,302
Excess (deficiency) of revenues
Over (under) expenditures (17,009,996) 9,020 781 1,183,405 (1,180,905) (59) 287
OTHER FINANCING SOURCES (USES)
Operating Transfers - In 1,770,429 - - - - - -
Proceeds of Refunding Bonds 16,095,000 - - - - - -
Contribution to (Use of) Fund Balance - - 781 - - - 287
TOTAL OTHER SOURCES (USES) 17,865,429 - 781 - - - 287
Net change in fund balance 855,433 9,020 781 1,183,405 (1,180,905) (59) 287
FUND BALANCE, BEGINNING (1) 855,432 864,452 864,452 - 864,452 864,393
FUND BALANCE, ENDING 855,432$ 864,452$ 865,233$ 2,047,857$ (1,180,905)$ 864,393$ 864,681$
REVENUES
Summary of Revenues, Expenditures and Changes in Fund Balances
Fiscal Year 2021 Proposed Budget
Annual Operating and Debt Service Budget
Fiscal Year 2021 Page 8
Agenda Page 94
HERITAGE BAY
Community Development District
Amortization Schedule
2018 Refunding of Series 2018A-1 and A-2 Special Assessment Refunding Bonds
Year Principal Special calls Interest
Principal
Balance FY Total DS
11/1/2020 267,590.63 267,590.63 1,550,859.38
5/1/2021 1,030,000 2.25% 267,590.63 1,297,590.63
11/1/2021 256,003.13 256,003.13 1,553,593.75
5/1/2022 1,055,000 2.50% 256,003.13 1,311,003.13
11/1/2022 242,815.63 242,815.63 1,553,818.75
5/1/2023 1,090,000 2.625% 242,815.63 1,332,815.63
11/1/2023 228,509.38 228,509.38 1,561,325.00
5/1/2024 1,120,000 2.625% 228,509.38 1,348,509.38
11/1/2024 213,809.38 213,809.38 1,562,318.75
5/1/2025 1,150,000 2.75% 213,809.38 1,363,809.38
11/1/2025 197,996.88 197,996.88 1,561,806.25
5/1/2026 1,180,000 3.00% 197,996.88 1,377,996.88
11/1/2026 180,296.88 180,296.88 1,558,293.75
5/1/2027 1,220,000 3.00% 180,296.88 1,400,296.88
11/1/2027 161,996.88 161,996.88 1,562,293.75
5/1/2028 1,255,000 3.00% 161,996.88 1,416,996.88
11/1/2028 143,171.88 143,171.88 1,560,168.75
5/1/2029 1,290,000 3.00% 143,171.88 1,433,171.88
11/1/2029 123,821.88 123,821.88 1,556,993.75
5/1/2030 965,000 3.125% 123,821.88 1,088,821.88
11/1/2030 108,743.75 108,743.75 1,197,565.63
5/1/2031 1,000,000 3.25% 108,743.75 1,108,743.75
11/1/2031 92,493.75 92,493.75 1,201,237.50
5/1/2032 1,030,000 3.25% 92,493.75 1,122,493.75
11/1/2032 75,756.25 75,756.25 1,198,250.00
5/1/2033 1,065,000 3.25% 75,756.25 1,140,756.25
11/1/2033 58,450.00 58,450.00 1,199,206.25
5/1/2034 1,100,000 3.375% 58,450.00 1,158,450.00
11/1/2034 39,887.50 39,887.50 1,198,337.50
5/1/2035 1,140,000 3.375% 39,887.50 1,179,887.50
11/1/2035 20,650.00 20,650.00 1,200,537.50
5/1/2036 1,180,000 3.50% 20,650.00 1,200,650.00 1,200,650.00
18,875,000 5,380,525.00 24,255,525.00
Annual Operating and Debt Service Budget
Fiscal Year 2021 Page 9
Agenda Page 95
HERITAGE BAY Community Development District
Debt Service Fund
Budget Narrative Fiscal Year 2021
Annual Operating and Debt Service Budget Fiscal Year 2021
REVENUES
Interest-Investments
The District earns interest on the monthly average collected balance for their trust accounts.
Special Assessments-Tax Collector
The District will levy a Non-Ad Valorem assessment on all sold and platted parcels (using the uniform method) within the District in order to pay for the operating expenditures during the Fiscal Year.
Special Assessments-Discounts
Per Section 197.162 and Section 197.3632 of the Florida Statutes, discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4% of the anticipated Non-Ad Valorem assessments.
EXPENDITURES
Administrative
Professional Services-Property Appraiser
The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property. The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. The property appraiser cost is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections.
Miscellaneous-Assessment Collection Costs
The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2% on the amount of special assessments collected and remitted, whichever is greater. The assessment collection cost is based on a maximum of 2% of the anticipated assessment collections.
Debt Service
Principal Debt Retirement
The District pays regular principal payments annually in order to pay down/retire the debt.
Interest Expense
The District makes semi-annual interest payments on the outstanding debt.
Page 10
Agenda Page 96
Supporting Budget SchedulesFiscal Year 2021
HERITAGE BAY
Community Development District
Agenda Page 97
HERITAGE BAY
Community Development District All Funds
Comparison of Assessment Rates
Fiscal Year 2021 vs. Fiscal Year 2020
Units
FY 2021 FY 2020 Percent FY 2021 FY 2020 Percent FY 2021 FY 2020 Percent
Product Change Change Change
Executive $357.89 $357.89 0% $1,928.85 $1,928.85 0% $2,286.74 $2,286.74 0% 139
Classics $357.89 $357.89 0% $3,050.09 $3,050.09 0% $3,407.98 $3,407.98 0% 95
Classics II $357.89 $357.89 0% $3,294.57 $3,294.57 0% $3,652.46 $3,652.46 0% 18
Coach $357.89 $357.89 0% $1,361.54 $1,361.54 0% $1,719.43 $1,719.43 0% 184
2 Story $357.89 $357.89 0% $1,134.62 $1,134.62 0% $1,492.51 $1,492.51 0% 364
4 Story $357.89 $357.89 0% $907.69 $907.69 0% $1,265.58 $1,265.58 0% 450
1250
General Fund Series 2018 Debt Service Total Assessments per Unit
Annual Operating and Debt Service Budget Fiscal Year 2021 Page 11
Agenda Page 98
10D
Agenda Page 99
Heritage Bay CDD
01/28/20 – Field Management Report
www.inframarkims.com
Inspected on: 01/28/20 by: Tim Hall & Tina Williams
Agenda Page 100
Inframark Monthly Management Report 1
1. Lake Management The water levels have dropped again as a result of the lack of rain but do not appear to be as low as they were this time last year. No flow issues with the storm water system were noted. None of the lake interconnects were flowing including the outfalls into the Cocohatchee Canal. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted.
a. Algae on Lakes: Algae levels have decreased across all lakes except for Lake 29, which has
filamentous algae growing along the perimeter. Minor amounts of algae noted on Lakes 1, 6, 9, 11, 20, 27, 28, and 29. It was mostly caught up in the littoral rings around the lakes.
Lake 27 Lake 29
b. Littorals: i. Alligator Flag in Lakes: No issues noted. ii. Phragmites in Littorals of Lake 30B: Grass to east of weir structure has been sprayed
while to the west is spreading. Follow up treatment still needed to prevent torpedo grass.
Agenda Page 101
Inframark Monthly Management Report 2
iii. Torpedo Grass in Littorals of Lake 30B North Side: Torpedo grass treated and no
longer spreading.
c. Rocks: No issues noted
d. Weeds: i. Alligator Weed in Lakes: No new issues observed. ii. Brazilian Pepper: No new issues observed. iii. Cattails in Lakes: No new issues observed iv. Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: No issues observed. vi. Hydrilla in Lakes: Hydrilla noted in Lakes 28, and 29 with denser patches in lake 29.
Lake 28 Lake 29
vii. Illinois Pond Weed in Lakes: Pond Weed still noted in many of the lakes but density is
greatly reduced. Observed in Lakes 5, 6, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 25, 30A and 30B.
Agenda Page 102
Inframark Monthly Management Report 3
Lake 6 Lake 18
viii. Palms on Lake Banks: Palm observed along Lake 5 and Lake 11 west banks.
Lake 5 Lake 11
ix. Red Ludwigia in Lakes: Noted in Lakes 6, 10, and 12
Lake 6 Lake 10
x. Sedges in Lakes: No issues observed.
Agenda Page 103
Inframark Monthly Management Report 4
xi. Spatterdock/Lily Pads in Lakes: Noted in Lake 3 but appeared to have been treated.
Lake 3
xii. Torpedo Grass in Lakes: In small amounts around lakes 4, 5, 8, 9, 11, 14, 16, 19, 20, 26,
and 30A & B.
Lake 8 Lake 16
xiii. Various Submerged weeds in Lakes: Chara noted in Lake 19
Lake 19
e. Trash in Lakes: Debris noted in Lakes 14, 18, 24, and 30A
Agenda Page 104
Inframark Monthly Management Report 5
Lake 14 (plastic bag) Lake 18 (plastic bag)
Lake 30A (palm frond)
f. Bulkheads: No issues noted
g. Clippings in Lakes: No issues noted
2. Lake Bank Erosion a. Lake 12: Erosion along east side of lake, exposed pipes
Agenda Page 105
Inframark Monthly Management Report 6
b. Lake 10: Erosion along western bank near 10385 Heritage Bay Blvd. Next to splice box
c. Lake 13: Erosion causing bank to slide and exposing pipes. May be irrigation related
d. Lake 22: Erosion by spillway exposing underlayment
Agenda Page 106
Inframark Monthly Management Report 7
3. Storm Drainage System a. Control Structures:
i. Basin 1: Control Structure L3/L10 was not flowing.
ii. Basin 2: Control Structure L6/L20 was not flowing. Control Structure L12/L20 was not
flowing. iii. Basin 3: Control Structure L25L30 was not flowing.
iv. Basin 4 & 5: Control Structure L28/L30 was not flowing. Structure L29/L30 was not
flowing. v. Basin 6: Control Structure L27/L30 was not flowing. Control Structure L30/C0C03 was not
flowing. Control Structure L30/C0C02 was not flowing.
b. Drains: No issues noted.
c. Roadway Catch Basins: No issues observed. d. Catch Basins: Catch Basin cover by driving range still not set correctly.
e. Inter-Connect/Drain Pipes: No issues observed f. Illicit Discharges: No issues observed.
g. Lake Drainage Pipes: No new issues observed
Agenda Page 107
Inframark Monthly Management Report 8
4. Fish/Wildlife Observations: Bass Bream Catfish Gambusia Egrets Herons Coots Gallinules Anhinga Cormorant Osprey Ibis Wood stork Otter Alligators Snakes Turtles Other: Turkey, Grey squirrel_____
5. Residential Complaints/Concerns: None reported or observed.
6. Non-CDD Issues: Fertilizer from golf course on pathways in several areas.
Agenda Page 108
Heritage Bay CDD
02/24/20 – Field Management Report
www.inframarkims.com
Inspected on: 02/20/20 by: Tim Hall & Tina Williams
Agenda Page 109
Inframark Monthly Management Report 1
1. Lake Management The water levels have held pretty steady this month with only a slight drop in levels. No flow issues with the storm water system were noted. None of the lake interconnects were flowing including the outfalls into the Cocohatchee Canal. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted.
a. Algae on Lakes: Algae levels were low this month. Minor amounts of algae were noted on
Lakes 1, 6, 9, and 29. It was mostly caught up in the littoral rings around the lakes.
Lake 6 Lake 29
b. Littorals: i. Alligator Flag in Lakes: No issues noted. ii. Phragmites in Littorals of Lake 30B: Grass to east of weir structure starting to degrade.
Follow up treatment still needed to prevent torpedo grass.
Agenda Page 110
Inframark Monthly Management Report 2
iii. Torpedo Grass in Littorals of Lake 30B North Side: Torpedo grass treated but
regenerating.
c. Rocks: Weeds noted in rocks along lakes 20 and 30A
Lake 20 Lake 30B
d. Weeds: i. Alligator Weed in Lakes: No new issues observed. ii. Brazilian Pepper: No new issues observed. iii. Cattails in Lakes: One cattail noted on east bank of Lake 5.
Lake 5
iv. Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: No issues observed.
Agenda Page 111
Inframark Monthly Management Report 3
vi. Hydrilla in Lakes: Hydrilla noted in Lakes 28, and 29
Lake 28
vii. Illinois Pond Weed in Lakes: Pond Weed still noted in many of the lakes but density is
low in most. Observed in Lakes 5, 6, 8, 9, 10, 12, 14, 16, 18, 19, 20, 25, 30A and 30B.
Lake 6 Lake 30A
viii. Palms on Lake Banks: No issues noted.
ix. Red Ludwigia in Lakes: Noted in Lake 6.
Lake 6
Agenda Page 112
Inframark Monthly Management Report 4
x. Sedges in Lakes: No issues observed.
xi. Spatterdock/Lily Pads in Lakes: Noted in Lake 3 but much lower density after treatment.
Lake 3
xii. Torpedo Grass in Lakes: In small amounts around Lakes 1, 4, 5, 6, 8, 9, 10, 11, 12, 20, 26,
28, and 30A.
Lake 28 Lake 30A
xiii. Various Submerged weeds in Lakes: No issues noted
e. Trash in Lakes: Debris noted in Lakes 14, 17, 21, and 30A
Lake 14 (plastic bag) Lake 21 (plastic bag)
Agenda Page 113
Inframark Monthly Management Report 5
Lake 30A (palm frond)
f. Bulkheads: Weeds noted in Lake 19 bulkhead
Lake 19
g. Clippings in Lakes: No issues noted
2. Lake Bank Erosion a. Lake 4: Erosion over geotube associated with roof downspouts.
Agenda Page 114
Inframark Monthly Management Report 6
b. Lake 13: Erosion causing bank to slide and exposing pipes. Some recent irrigation work noted.
c. Lake 21: small eroded area noted on west bank
d. Lake 22: Erosion by spillway exposing underlayment
Agenda Page 115
Inframark Monthly Management Report 7
3. Storm Drainage System a. Control Structures:
i. Basin 1: Control Structure L3/L10 was not flowing.
ii. Basin 2: Control Structure L6/L20 was not flowing. Control Structure L12/L20 was not
flowing. iii. Basin 3: Control Structure L25L30 was not flowing.
iv. Basin 4 & 5: Control Structure L28/L30 was not flowing. Structure L29/L30 was not
flowing. v. Basin 6: Control Structure L27/L30 was not flowing. Control Structure L30/C0C03 was not
flowing. Control Structure L30/C0C02 was not flowing.
b. Drains: One drain cover noted off of pipe by Lake 4.
c. Roadway Catch Basins: No issues observed. d. Catch Basins: No issues observed.
e. Inter-Connect/Drain Pipes: No issues observed f. Illicit Discharges: No issues observed.
g. Lake Drainage Pipes: No new issues observed
Agenda Page 116
Inframark Monthly Management Report 8
4. Fish/Wildlife Observations: Bass Bream Catfish Gambusia Egrets Herons Coots Gallinules Anhinga Cormorant Osprey Ibis Wood stork Otter Alligators Snakes Turtles Other: Turkey,
5. Residential Complaints/Concerns: None reported or observed.
6. Non-CDD Issues: No issues observed.
Agenda Page 117
10E.
Agenda Page 118
Page 1
MANAGEMENT SERVICES MASTER AGREEMENT
This Management Services Master Agreement (the “Agreement”) is made this 30th day of January 2020.
(“Commencement Date”), between:
1) HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT, a Community Development
District with its principal place of business at 210 North University Parkway, Suite 702, Coral
Springs, Florida 33071. (hereinafter the “District”); and
2) INFRAMARK, LLC, a Texas limited liability company registered in Florida, with its principal
place of business at 2002 West Grand Parkway North, Suite 100, Katy, Texas 77449 (hereinafter
the “Service Company”)
BACKGROUND
The District desires to procure management services required
for the District as set forth in Schedule A attached to this
Agreement (“Services”) and the Service Company desires to
provide said operations and maintenance services to the
District.
In consideration of the mutual promises in this Agreement, the
parties agree as follows:
1) TERM AND TERMINATION
1.1 The term of this Agreement shall be an evergreen
contract with no termination date. The agreement may be
terminated for any reason (by either party), in writing by
certified mail return receipt requested, sixty (60) days prior to
the renewal date. The Agreement may also be terminated as set
forth in Sections 1.2 and 1.3.
1.2 The failure of either party to comply with the terms of
this Agreement shall constitute a default. Upon default by one
party, the other party shall send written Notice of Termination.
Such notice shall clearly specify the nature of the default and
provide the defaulting party forty-five (45) days to cure the
default. If the default is capable of being cured within forty-
five (45) days, but is not cured, the Agreement shall terminate
at midnight of the forty-fifth (45th) day following receipt of the
Notice. In the case of default that cannot be cured within forty-
five (45) days, this Agreement shall not terminate so long as the
defaulting party has given written notice of the extension to the
other party and the defaulting party has commenced and is
diligently pursuing a cure.
1.3 This Agreement may be terminated upon the
dissolution or court-declared invalidity of the District.
1.4 Upon termination, the Service Company shall be paid
in full for all services rendered and reimbursed for all
reasonable costs and/or expenses incurred on behalf of the
District through the date of termination.
1.5 If District incurs costs for damages due to a default of
the Service Company that results in termination of this
Agreement, District may deduct such costs or damages from the
final payment due to Service Company. Such deduction will
not exceed the final payment owed to Service Company and
will constitute full and final settlement between District and
Service Company for all claims against Service Company by
District and a release by District of any and all further claims
against Service Company.
1.6 The Service Company may, at its discretion, suspend
service immediately should the District fail to make payments
in a timely manner, until such time as the account is made
current.
2) SERVICE COMPANY’S SERVICES
2.1. Service Company shall provide the services as set forth
in Schedule A attached to this Agreement (the “Services”).
2.2. The District is an established and previously operating
entity on the date of this Agreement and the parties acknowledge
that the District previously made available to the Service
Company the following records:
2.2.1. All financial books and records of the District;
2.2.2. All bank statements of all accounts of the District;
2.2.3. Copies of all contracts and agreements to which
District is a party;
2.2.4. Copies of all minutes, resolutions and other official
actions of the District; and
2.2.5. Copies of recorded Covenants and Restrictions,
Articles of Incorporation, by-laws, any amendments thereto, and
plats (to include addresses).
It is agreed between the District and the Service Company that
the Service Company shall have no liability for any errors
contained in the above-referenced documents, and shall have no
liability for errors which may result from the use of the above-
referenced documents should errors be contained therein.
2.3. Service Company may offer and/or District may
request, that additional services be provided under this
Agreement. If the Service Company and the District agree upon
a change in the scope of services to be provided under this
Agreement, such agreement as well as the change in
compensation, if any, shall be agreed to in writing by both
Parties and will be invoiced in accordance with this Agreement.
Agenda Page 119
Page 2
2.4. In performing the services, Service Company may rely
on information supplied by the District and Service Company
shall not be required to independently verify the accuracy and
completeness of such information. In addition, although the
Service Company may participate in the accumulation of
information developed by others necessary for use in documents
required by the District, Service Company is not responsible for
verifying the accuracy of such information.
2.5. Nothing in this Agreement shall prohibit the Service
Company from (a) performing water and wastewater utility
management, customer services, utility billing, and operation
and maintenance services for the District under a separate
agreement; and (b) providing for the benefit of any other district
services like the services provided to District. District hereby
waives any and all conflicts of interest or potential conflicts of
interest, it being specifically agreed to and understood that
Service Company’s provision of such services to the District or
to any other district shall not constitute a conflict of interest
under this Agreement.
2.6. Even though Service Company’s employees may
include licensed attorneys and engineers, the District
acknowledges that Service Company is not performing in the
capacity of a law firm or an engineering firm when providing
services under this Agreement. Service Company may offer
general interpretation of documents, but legal opinions are
obtainable only from the District’s legal counsel.
2.7. Service Company shall provide the Services in a
professional and workmanlike manner, and in accordance with
generally accepted industry practices. THE SERVICE
COMPANY EXPRESSLY DISCLAIMS ALL OTHER
EXPRESS AND IMPLIED WARRANTIES UNDER LAW.
2.8. If the scope of services requires the Service Company
to administer or supervise the District’s personnel, the Service
Company shall not be responsible for any damages, losses,
settlement payments deficiencies, liabilities, costs and expenses
resulting from the failure of the District’s employees to follow
the instructions of the Service Company.
3) DISTRICT OBLIGATIONS
3.1. District shall:
3.1.1. Perform all duties and discharge all responsibilities
and obligations not expressly assumed by the Service Company
pursuant to the terms of this Agreement;
3.1.2. Obtain and maintain all state, federal, and local
permits and licenses required;
3.13. Comply with applicable law relating to the
management of the District to the extent that the responsibility
of complying with those laws is not specifically assumed by the
Service Company under this Agreement (the Service Company
shall not be responsible for the District’s failure to comply with
any provision of applicable law that is not otherwise
specifically assumed by the Service Company hereunder); and
3.2 The Service Company shall have no liability for
vendor late charges if the late charges are not the result of the
Service Company's fault or negligence.
3.3 The District represents and warrants that:
3.3.1 It is duly incorporated, validly existing, and in good
standing under the laws of its state;
3.3.2. It has all requisite power, financial capacity, and
authority to execute, deliver, and perform its obligations under
this Agreement;
3.3.3. The execution, delivery, and performance of this
Agreement has been duly and validly authorized by it by all
necessary action, and this Agreement constitutes the legal,
valid, and binding agreement of it and is enforceable against it
in accordance with its terms;
3.3.4. It shall comply with all applicable federal, state, local,
or other laws and regulations applicable to the performance by
it of its obligations under this Agreement and shall obtain all
applicable permits and licenses required of it in connection with
its obligations under this Agreement;
3.3.5. There is no outstanding litigation, arbitrated matter or
other dispute to which it is a party which, if decided unfavorably
to it, would reasonably be expected to have a potential or actual
material adverse effect on its ability to fulfill its obligations
under this Agreement; and
3.4 The District shall operate as a body, dictated by the
District legal documents and applicable laws. Authority lies in
a majority vote of the Supervisors, and no Director shall act
independently unless authorized by a Board Resolution that
empowers him to make specific decisions independently or
spend funds within a specified dollar range. District shall also
appoint a liaison to communicate Board decisions to Service
Company. If no liaison is named, it shall be the Chairman. The
District acknowledges and agrees that in the course of providing
the Services, it may be necessary for Service Company to use
District computer systems, data systems, or networks, or to
meet District residents’ personal information. District shall
notify Service Company of any protocols for said systems and
information, and Service Company shall follow all such
protocols as provided and shall not be liable for the loss or
compromise of District systems or information. If no protocols
are provided, then Service Company shall treat such systems
and information with the same degree of care and
confidentiality as it treats its own systems and information, but
no less than a reasonable degree of care. Notwithstanding
anything in this Agreement to the contrary, Service Company
is not liable for any liabilities, losses, damages, expenses, fines,
or penalties incurred by the District or any third party as a result
of a data security breach or other cyber security breach to the
District’s computer systems, operating systems, and all other
technological or information systems related to the Services
provided hereunder, except to the extent such liability, loss,
damage, expense, fine, or penalty is the direct result Service
Company’s negligence or willful misconduct.
Agenda Page 120
Page 3
4) FEES AND PAYMENT
The District shall pay Operator the Annual Base Fee as set out
in Schedule B. The Annual Base Fee for the first year of the
Agreement the fee be will be $68,300 (through September
2020). At the beginning of the new fiscal year (October 1, 2020
the management fee will be increased by 3% beyond the current
fee to $70,349). Changes to the fees can be made by mutual
agreement of both parties and as part of the adoption of the
annual budget.
4.1. The District shall pay the Annual Base Fee in equal
monthly installments. The District shall pay the Service
Company any related expenses as set forth in Schedule B’s
Miscellaneous Schedule of Charges. The Base Fee shall be due,
in advance, on the first of the month during which the Services
will be rendered. All other payments shall be due within thirty
(30) days of the date of invoice. Disputes with invoices are
waived if not raised within ten (10) days of invoice date.
4.2. Additional services not described on Schedule A
which are rendered by the Service Company for or on behalf of
the District, with the District's prior written consent, including,
but not limited to, preparation of special schedules in assisting
auditors, preparation for lawsuits or court appearances, and/or
the coordination of insurance claims, major construction
projects, or emergency repairs due to acts of God, when
requested by the District, will be billed at the rate of $100.00
per hour or as otherwise agreed by Service Company, to be paid
by the District upon receipt of statement. The billing and/or
supervision of construction for restoration due to insurance
claims or special construction projects shall be billed as a part
of the claim at the rate of fifteen percent (15%) of the actual
cost of new construction or reconstruction if so requested and
approved by the Board of Supervisors. Should Service
Company not have expertise in an area, an experienced
contractor, approved by the Board, will be consulted, and
District will be billed at the rate of $100.00 per hour for any
coordination or liaison activities with the contractor. For
additional services, travel will be billed for all such services at
the rate of $100 an hour.
4.3. In the event of emergency repairs, Service Company
is authorized to dispatch the vendor, without liability to the
Service Company, to take whatever corrective action is
necessary to repair the problem. The District will be notified
immediately that such emergency action was taken.
4.4. The District shall reimburse the Service Company for
all reasonable costs or expenses incurred by the Service
Company as provided for in the "Miscellaneous Schedule of
Charges" attached to the Agreement and incorporated herein by
reference, or with the written consent of the District, in and
directly attributable to its fulfilling its duties under this
Agreement, including, but not limited to, postage costs,
supplies costs and costs to reproduce documents. Such costs
and expenses are payable by the District to the Service
Company. The District shall pay all reasonable legal fees and
expenses should it become necessary for the Service Company
to seek legal assistance to recover any balance owed by the
District under this Agreement.
4.5. The Service Company reserves the right to modify,
with thirty (30) days’ written notice, any of the applicable fees
listed in the "Miscellaneous Schedule of Charges", attached to
the Agreement, to bring them in line with current business
practice. The Board shall consider such increases upon notice
and documentation of the reason for the increase. The Board
shall not unreasonably delay or withhold approval. Should the
Board reject an increase, the Service Company shall have the
option to terminate the Agreement upon sixty (60) days’ notice
to the District.
4.6. For each fiscal year of the District, the compensation
payable to the Service Company under the terms and conditions
of this Agreement shall be in an amount approved by the
District in its final fiscal year budget. Each fiscal year the
District will consider price adjustments to compensate for
market conditions and the anticipated type and amount of work
to be performed by the Service Company during the upcoming
fiscal year of the District. In no event shall the compensation
payable to the Service Company be reduced, unless agreed to
by the District and Service Company, in writing.
4.7. If the fiscal year budget is not approved prior to the
first day of the fiscal year, the Service Company’s
compensation under this Agreement will continue at the rate
currently in effect at the time of the renewal. The subsequent
approval of the budget will result in a retroactive fee
adjustment, which will be invoiced in the first month following
approval of the budget.
4.8. Upon receipt of a ten (10) day written notice of a late
payment, any and all late payments due to either party from the
other shall accrue interest at a rate of one and one-half percent
(1 ½%) per month from the original due date and until payment
is received, unless waived by agreement.
5) INDEMNIFICATION AND LIMITATION
5.1. DISTRICT AGREES TO, SUBJECT TO THE
LIMITATION OF LIABILITY DESCRIBED HEREIN,
INDEMNIFY, DEFEND AND HOLD THE SERVICE
COMPANY AND ITS SUPERVISORS, OFFICERS,
MANAGERS, AGENTS AND EMPLOYEES HARMLESS
FROM ANY AND ALL LIABILITY, CLAIMS, ACTIONS,
SUITS OR DEMANDS BY ANY THIRD PARTY FOR
INJURIES OR DAMAGE OF ANY NATURE, ARISING
OUT OF, OR IN CONNECTION WITH DISTRICT,
INCLUDING LITIGATION OR ANY APPELLATE
PROCEEDINGS WITH RESPECT THERETO, TO THE
EXTENT SUCH LIABILITY, CLAIMS, ACTIONS, SUITS
OR DEMANDS RESULTED FROM THE DISTRICT’S
INTENTIONAL OR GROSS NEGLIGENT ACTS OR
OMISSIONS.
5.2. SERVICE COMPANY AGREES TO, SUBJECT TO
THE LIMITATION OF LIABILITY DESCRIBED HEREIN,
INDEMNIFY, DEFEND AND HOLD THE DISTRICT AND
ITS SUPERVISORS, OFFICERS, MANAGERS, AGENTS
AND EMPLOYEES HARMLESS FROM ANY AND ALL
LIABILITY, CLAIMS, ACTIONS, SUITS OR DEMANDS
BY ANY THIRD PARTY FOR INJURIES OR DAMAGE OF
ANY NATURE, ARISING OUT OF, OR IN CONNECTION
Agenda Page 121
Page 4
WITH, THE WORK TO BE PERFORMED BY SERVICE
COMPANY, INCLUDING LITIGATION OR ANY
APPELLATE PROCEEDINGS WITH RESPECT THERETO,
TO THE EXTENT SUCH LIABILITY, CLAIMS, ACTIONS,
SUITS OR DEMANDS RESULTED FROM THE SERVICE
COMPANY’S INTENTIONAL OR GROSS NEGLIGENT
ACTS OR OMISSIONS.
5.3. EITHER PARTY’S TOTAL LIABILITY FOR ANY
ACTION OR BREACH OF THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNTS OF INSURANCE
CONTRACTUALLY REQUIRED HEREUNDER AND THE
AMOUNTS ACTUALLY PAID UNDER THE REQUIRED
INSURANCE POLICIES OR, FOR ALL OTHER CLAIMS
OTHER THAN BREACH, AN AMOUNT EQUAL TO
TWICE THE COMPENSATION PAID IN THE YEAR THE
DISPUTE AROSE.
5.4. NEITHER PARTY SHALL BE LIABLE, EITHER
DIRECTLY OR AS AN INDEMNITOR, FOR THE OTHER’S
SPECIAL, PUNITIVE, INDIRECT AND/OR
CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO
LOSS OF USE, LOSS OF INCOME OR LOSS OF PROFIT,
EVEN IF THE OTHER PARTY HAS BEEN FOREWARNED
OF THE POSSIBILITY OF SUCH DAMAGES.
5.5. UNDER NO CIRCUMSTANCES SHALL SERVICE
COMPANY BE RESPONSIBLE FOR ANY DAMAGES,
LOSSES, SETTLEMENT, PAYMENT DEFICIENCIES,
LIABILITIES, COSTS AND EXPENSES ARISING
BECAUSE OF THE EXECUTION OR IMPLEMENTATION
OF SPECIFIC INSTRUCTION OR DIRECTIONS
PROVIDED BY THE DISTRICT OR ANY OF ITS DULY
DESIGNATED AGENTS OR REPRESENTATIVES.
5.6. Service Company further agrees that nothing herein
will constitute or be construed as a waiver of the Districts
limitations on liability contained in Section 768.28, Florida
Statutes, or other statute or law. Obligations under this section
will include the payment of all settlements, judgments,
damages, liquidated damages, penalties, forfeitures, back pay
awards, court costs, arbitration and/or mediation costs,
litigation expenses, attorney fees, and paralegal fees (incurred
in court, out of court, on appeal, or in bankruptcy proceedings)
as ordered.
5.7. Statements for attorney’s fees and all legal expenses
received by the Service Company shall be processed in the same
manner as are all other debts and obligations of the District,
except that the District shall promptly approve and sign checks to
satisfy such statements.
5.8. All final, non-appealable judgments payable and
enforceable against the Service Company for which the District
is obligated to indemnify the Service Company shall be
processed and satisfied by the District in the same manner as
are all other debts and obligations of the District, except that the
District shall promptly approve and sign checks to satisfy such
judgments.
5.9. Although the Service Company shall be liable to the
District for the actions of its subcontractors, the District shall
not hold the Service Company liable for any losses or damages
arising out of or attributable to the acts or omissions of third
parties that Service Company does not have a contractual
relationship with to perform services for the District or in
fulfillment of the services provided to the District, unless the
Service Company failed to exercise reasonable care to select
third parties competent to provide services.
5.10. The District shall not hold the Service Company liable
for any loss of records to the extent arising out of or attributable
to unforeseeable occurrences caused through no fault of the
Service Company, including but not limited to fire, theft,
vandalism, force of nature, or acts of God.
5.11. In the event that a party receives notice of or
undertakes the defense or prosecution of any action, claim, suit,
administrative or arbitration proceeding or investigation
consistent with its indemnity obligations hereunder, such party
shall give the other party prompt notice of such proceedings and
shall inform the other party in advance of all hearings regarding
such action, claim, suit, proceeding or investigation.
5.12. This indemnification shall not be construed as a
waiver of the District’s sovereign immunity under state law and
is subject to the limitations set forth under state law.
6) INSURANCE
6.1. The Service Company shall provide and maintain the
following levels of insurance coverage:
6.1.1. Commercial Crime/ Fidelity Insurance with a per loss
limit of one million dollars ($1,000,000.00);
6.1.2. Professional Liability insurance with an aggregate limit
of two million dollars ($2,000,000);
6.1.3. General Liability insurance with a per occurrence limit
of one million dollars ($1,000,000); and
6.1.4. Workers compensation coverage as provided by and in
the amounts specified by state law.
6.2. The District shall maintain in force a director’s and
officer’s liability policy in an amount of not less than one million
dollars ($1,000,000) in aggregate coverage and such policy shall
name the Service Company as an additional insured.
Additionally, the District shall maintain property and general
liability insurance with appropriate coverage.
7) DISPUTES
7.1 In the event of any disputes, the parties shall first
attempt to resolve the situation by good faith discussions which
shall take place in a timely manner. If the dispute cannot be
resolved within sixty (60) days, the parties shall mediate their
dispute before a mediator acceptable to both parties, if they
cannot agree, they shall ask the Director of the Federal
Mediation and Conciliation Service to nominate a mediator.
The parties shall bear their own costs of the mediation, but the
parties shall share equally the costs of the mediator and the
mediation Services.
Agenda Page 122
Page 5
7.2 If the parties are unable to resolve any disputes in
accordance with the Section above, either party may request
that such dispute be submitted for binding arbitration, which
shall be governed by the rules of the American Arbitration
District or such other rules as the parties may agree. The parties
agree that any judgment issued as a result of arbitration may be
entered in the court having jurisdiction thereof. The parties
agree that arbitration shall be the exclusive means to settle any
dispute, controversy or claim arising out of this Agreement. The
parties agree that any judgment issued as a result of arbitration
may be entered in the court having jurisdiction thereof. Any
mediation or arbitration shall be held in a mutually agreeable
location within the County in which the District is located.
7.3 ALL CLAIMS MUST BE BROUGHT WITHIN ONE
(1) YEAR OF THE DATE THE CLAIMING PARTY KNEW
OR SHOULD HAVE REASONABLY KNOWN OF SAID
CLAIM. INVOICES ALREADY PAID CANNOT BE
DISPUTED FOR ANY REASON BEYOND THE DATE OF
THE NEXT BOARD MEETING.
8) FORCE MAJEURE
A party's performance of any obligation under this Agreement
(except for payment obligations) shall be excused if, and to the
extent that, the party is unable to perform because of any event
of Force Majeure. The party unable to perform shall be required
to resume performance of its obligations under this Agreement
as soon as reasonably practicable following the termination off
the event or because that excused performance hereunder. Force
Majeure is defined as any act, event or condition to the extent
that it adversely impacts the cost of performance of, or
adversely affects the ability of, or either party to perform any
obligation under this Agreement (except for payment
obligations) if such act, event or condition, in light of any
circumstances that should have been known or reasonably
believed to have existed at the time, is beyond the reasonable
control and is not a result of the willful or negligent act, error,
omission or failure to exercise reasonable diligence on the part
of the party relying thereon.
9) PUBLIC RECORDS
9.1 The Service Company Manager will be the public
records custodian for the District (“Manager”). In connection
with its services to District, the Manager agrees to fully comply
with the provisions of Section 119.0701, Florida Statutes
pertaining to Florida’s Public Records Law. Said compliance
will include the Manager taking appropriate and necessary steps
to comply with the provisions of Section 119.0701(2)(b),
Florida Statutes including, without limitation, the following:
9.1.1. The Manager shall keep and maintain public records
required by the District to perform the services hereunder.
9.1.2. Upon a request for public records received by the District,
the Manager shall provide the District with a copy of the
requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes or otherwise provided
by law.
9.1.3 The Manager shall ensure that public records that are
exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized
by law for the duration of the agreement term and following
completion of this Agreement if the Manager does not transfer
the records to the District.
9.1.4 Upon completion of this Agreement, the Manager shall
transfer, at no cost, to the District all public records in
possession of the Manager consistent with Florida law. All
records stored electronically by the Manager must be provided
to the District, upon request from the District’s custodian of
public records, in a format that is compatible with the
information technology systems of the District.
9.1.5 The District shall make all determinations as to what
constitutes confidential or exempt public records.
9.1.6 Service Company shall follow the requirements of the
Florida Records Retention Act and destroy all records in
accordance with the requirements of the law.
9.1.7 Failure of the Manager to comply with Section 119.0701,
Florida Statutes may subject the Manager to penalties under
Section 119.10, Florida Statutes. Further, in the event the
Manager fails to comply with this Section or Section 119.0701,
Florida Statutes, the District shall be entitled to all remedies at
law or in equity. The following statement is required to be
included in this Agreement pursuant to Section 119.0701(2),
Florida Statutes:
IF THE MANAGER HAS QUESTIONS
REGARDING THE APPLICATION
CHAPTER 119, FLORIDA STATUTES,
TO THE MANAGER'S DUTY TO
PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF
PUBLIC RECORDS AT SANDRA
DEMARCO C/O INFRAMARK, LLC,
TELEPHONE: (954) 603-0033, EMAIL:
OM, AND MAILING ADDRESS: 210 N.
UNIVERSITY DRIVE, SUITE 702,
CORAL SPRINGS, FL 33071.
10) MISCELLANEOUS
10.1. Where agreement, approval, acceptance, consent or
similar action by either party hereto is required by any provision
of this Agreement, such action shall not be unreasonably
delayed or withheld. Each party will cooperate with the other
by, among other things, making available, as reasonably
requested by the other, management or board decisions,
information, approvals, and acceptances in order that each party
Agenda Page 123
Page 6
may properly accomplish its obligations and responsibilities
hereunder. Should a party withhold such cooperation as
detailed in this Section, the other party shall not be liable for
late fees, fines, or other damages or delay as a result.
10.2. The headings and titles to the sections of this
Agreement are inserted for convenience only and shall not be
deemed a part hereof or affect the construction or interpretation
of any provision.
10.3. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each such
remedy shall be cumulative and shall be in addition to every
other remedy now or hereafter existing at law or in equity or by
statute or otherwise, including injunctive relief.
10.4. If any provision of this Agreement or application
thereof to anyone or under any circumstances is adjudicated to
be invalid or unenforceable in any jurisdiction, such invalidity
or unenforceability shall not affect any other provision or
application of this Agreement which can be given effect
without the invalid or unenforceable provision or application
and shall not invalidate or render unenforceable such provision
or application in any other jurisdiction.
10.5. This Agreement shall be construed without regard to
the party that drafted it. Any ambiguity shall not be interpreted
against either party and shall, instead, be resolved in accordance
with other applicable rules concerning the interpretation of
contracts.
10.6. This Agreement contains the entire agreement between
District and Service Company and supersedes all prior or
contemporaneous communications, representations,
understandings or agreements that are not consistent with any
material provision of this Agreement.
10.7. The parties may only modify this Agreement by a
written amendment signed by both parties.
10.8. The failure on the part of either party to enforce its
rights as to any provision of this Agreement shall not be
construed as a waiver of its rights to enforce such provisions in
the future.
10.9. In the event of termination, cancellation or failure to
renew, District agrees, for a period of twelve (12) months from
the date of termination, not to engage or attempt to engage the
services of anyone who is employed by Service Company (or
was employed by Service Company at any time within one (1)
year prior to the date of termination) for the performance of
identical or similar services.
10.10. This Agreement shall be binding upon the successors
and assigns of each of the parties. This Agreement shall not be
assigned by either party without the prior written consent of the
other party unless such assignment shall be to a parent,
subsidiary, affiliate, or successor of either Party. When written
consent of a party is required, such consent shall not be
unreasonably withheld.
10.11. This Agreement shall be construed under and in
accordance with the laws of the State of Florida, and all
obligations of the parties created hereunder are enforceable in
the federal or state court having appropriate jurisdiction thereof.
10.12. Pursuant to Section 287.135, Florida Statutes, Service
Company represents that in entering into this Agreement, the
Service has not been designated as a “scrutinized company”
under the statute and, in the event that the Service Company is
designated as a “scrutinized company”, the Service Company
will immediately notify the District whereupon this Agreement
may be terminated by the District.
10.13. Section 287.133, Florida Statutes, provides that a
person or affiliate, as defined in that Section, who has been
placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or
repair of a public building or a public work, may not submit
bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in
excess of the threshold amount provided in F.S. 287.017 for
CATEGORY TWO ($25,000) for a period of 36 months from
the date of being placed on the convicted vendor list. Any such
person or affiliate convicted of a public entity crime shall
provide written notice of such conviction to the District within
30 days after the date of such conviction. Service Company
warrants that it follows these terms as well as any subcontractor
hired to perform under this Agreement.
10.14. All notices will be in writing and shall be deemed given
when mailed by first class mail or delivered in person. Notices
required to be given to the parties by each other will be
addressed to:
To Service Company:
Inframark, LLC
2002 West Grand Parkway North, Suite 100
Katy, Texas 77449
ATTN: Chris Tarase, Vice President
With a copy to:
Inframark, LLC
220 Gibraltar Road, Suite 200
Horsham, PA 19044
ATTN: Legal Department
To District:
210 N. UNIVERSITY DRIVE, SUITE 702,
CORAL SPRINGS, FL 33071.
ATTN: Edwin Hubbard, Chairman
With copy to:
Gregory L. Urbancic
Attorney at Law
Coleman, Yovanovich & Koester, P.A.
The Northern Trust Building
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4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239.435.3535 | F: 239.435.1218
10.15. All records compiled by Service Company with
information and material gathered when performing this
Agreement are the property of District.
10.16. This Agreement may be executed in more than one
counterpart, each of which shall be deemed an original.
IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date at the top of this Agreement.
INFRAMARK, LLC HERITAGE BAY COMMUNITY
DEVELOPMENT DISTRICT
______________________________________ ___________________________________
By: Chris Tarase By: Ed Hubbard
Title: Vice President Title: Chairman
Date: _________________________________ Date: _______________________________
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Schedule A
Scope of Services
The Service Company shall provide the following services to, for, and on behalf of the District:
A- FINANCIAL ACCOUNTING SERVICES
1- Prepare the District’s budget at the District’s direction.
2- Implement the District’s budget directives.
3- Prepare of monthly financial reports for the regular District meetings.
4- Submit preliminary budget to the District as required under applicable law or District
policy.
5- Modify preliminary budget for consideration by the District at the District’s advertised
Public Hearing.
6- Coordinate budget preparation with District’s Board, Engineer, and Attorney.
7- Prepare budget resolution approving the District’s budget and authorization to set public
hearing.
8- Prepare budget and assessment resolutions as required by applicable law.
9- Prepare annual financial report for units of local government.
10- Prepare of Public Depositor’s Report and distribution to State Treasurer.
11- Provide all required annual disclosure information to the local government in the County
in which the District resides
12- Coordinate and distribute Annual Public Facilities Report and distribute to appropriate
agencies.
13- Prepare of all required schedules for year-end audit.
14- Oversee capital and general fund accounts.
15- Prepare required investment policies and procedures at the District’s direction.
16- Administer purchase order system, periodic payment of invoices.
17- Coordinate tax collection and miscellaneous receivables.
18- Establish Government Fund Accounting System in accordance with the Uniform
Accounting System prescribed by Department of Banking and Finance for Government
Accounting, Generally Accepted Accounting Principles (GAAP) and Government
Accounting Standards Board (GASB).
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19- Prepare and coordinate applications for federal ID numbers and tax exemption certificates.
B- MANAGEMENT AND RECORDING SERVICES
1- Attend up to seven meetings of the District Board of Supervisors and provide meaningful
dialogue on the issues before the District Board of Supervisors for action.
2- Record all meetings of the District.
3- Organize, conduct, and provide minutes for all meetings of the District. This includes, but
is not limited to, scheduling meetings, providing agenda packages and meeting materials
in the form requested by the Board of Supervisors, and publishing Board meeting, public
hearing notices, and landowner election notices as directed by the District; for avoidance
of doubt, the Service Company does not provide any legal advice and does not make any
recommendations as to how to apply with applicable laws.
4- Consult with the Board of Supervisors and its designated representatives, and when
necessary, organize such meetings, discussions, project site visits, workshops, and hearings
as may pertain to the administration and accomplishment of the various projects and
services provided by the District.
5- Identify significant policies, including analysis of policy implementation with
administrative and financial impact statement and effect on the District.
6- Provide Oath of Office and Notary Public for all newly elected members of the District
Board of Supervisors.
7- Prepare agenda for budget hearings.
8- Prepare of all the District’s Board of Supervisor agendas and coordination of receipt of
sufficient material for the District’s Board of Supervisors to make informed policy
decisions.
9- Prepare and advertise all notices of meetings as required.
10- Maintain the District’s seal.
11- Act as the primary point of contact for District-related matters
12- Ensure all required procedures for the District are properly followed and executed,
including provision of required compliance and disclosure information to local
governments; Service Company shall work with the District as need be to ensure all
required procedures are properly followed and executed.
13- Solicit bids for the District’s contract services for the District’s approval and serve as a
liaison between the District and contractors to observe the monthly performance of the
work of companies supplying the services related to the operation and maintenance of the
District’s public infrastructure
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14- Make recommendations and assist in matters relating to solicitation, approval, rejection,
amendment, renewal, and cancellation of contracts for services to the District. In advance
of expiration of contracts, the Service Company shall advise the District as to need for
renewal or additional procurement activities and implement same. The Service Company
shall work with the District’s attorney and engineer in fulfilling these requirements. The
Service Company’s project management (the onsite management of specific large
maintenance and/or capital projects) will require an additional project management fee.
The Board of Supervisors must approve any project management projects to be undertaken
by the Manager prior to the work beginning. The Manager will present any and all such
projects to the Board for their approval (prior to the commencement of any such work) and
provide an estimated number of anticipated hours the project will involve. The Manager
will keep the Board of Supervisors informed of the progress on any such projects and will
provide monthly updates at each Board meeting and/or by email. If the number of hours
required to complete any such projects is to exceed the estimated number of hours approved
by the Board, the Manager will present this information, with an updated estimated on the
number of project hours required at the next available Board meeting. All hourly project
management billings will be billed on a monthly basis as part of the monthly Manager
invoice.
15- Coordinate and provide contract administration for any services provided to the District by
outside vendors. Contract administration will not require any “project management” (i.e.
oversight of construction and/or engineering work that may require professional
certifications or other expertise that the Service Company’s personnel may not possess).
16- If required, provide day-to-day management of in-house operations by performing the
following:
a- Prepare and implement operating schedules.
b- Prepare and implement operating policies.
c- Interface with Residents to insure anticipated levels of service are being met.
d- Implement internal purchasing policies.
e- Prepare and bid services and commodities as necessary.
f- Coordinate with the District’s residents to determine the services and levels of
service to be provided as part of the District’s budget preparations.
17- Preparation of Specifications and coordination for insurance and independent auditor
services.
18- Provide a monthly field inspection of the community and provide the report to the
District.
19- Responding to any community complaints or requests for service from residents.
C- SPECIAL ASSESSMENT SERVICES
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1- Prepare assessment resolution levying the assessments on the property in the District and
prepare assessment rolls.
2- Prepare and maintain a property database by using information obtained by local Property
Appraiser’s secured roll.
3- Review and compare information received from the Property Appraiser to prior years’
rolls, to ensure that the District rolls are in compliance with the law and that the Service
Company has obtained all the pertinent information to prepare accurate assessments.
4- Periodically update the database for all activity such as transfer of title, payment of
annual assessment, prepayment of principal.
5- Act as the primary contact to answer property owner questions regarding special
assessments, tax bills, etc. and provide pay off information upon request to property
owner.
6- Upon adoption of the budget and assessments, coordinate with the office of the Property
Appraiser and Tax Collector to ensure correct application of assessments and receipt of
District funds.
7- Act as primary contact to answer property owners’ questions regarding the Capital
Assessment.
D- FIELD MANAGEMENT SERVICES
a. Service Company shall provide the following field management services with a
professional assigned with exceptional communication skills and job knowledge to
manage and maintain all District owned assets. The services will include monthly
inspections and be on site as needed to monitor contractor performance which includes
but is not limited to: storm water systems, ponds, wetlands, preserves, and similar District
assets.
b. In addition, Service Company’s responsibilities will include identification of any
problems or concerns that will need to be addressed if within the budget or be presented
to the District if it isn't a budgeted item.
c. Included in the scope of additional management services being proposed will be the
following:
i. On site as needed to insure all responsibilities are being addressed in a timely
manner and reported monthly to the District;
ii. Monthly inspections with results included in the monthly report submitted to the
District;
iii. Attend any meetings requested as needed;
iv. Oversee/coordinate any complaint response to concerns from residents or
community leaders;
v. Check for invasive plants along lake banks and other designated areas;
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vi. Inspect ponds on a monthly basis;
vii. Inspect storm water drainage structures;
viii. Perform contract management/monitoring for contractors conducting work for
the District;
ix. Assist in the preparation of bid packages for required work in the District;
x. Follow up on District identified concerns such as wildlife issues and exotic plant
intrusion;
xi. Customer relations, working with staff will respond to any community
complaints or requests for service from residents and Supervisors;
xii. On-site inspections and vendor meetings as needed;
xiii. Preconstruction meetings with contractors when required;
xiv. After monthly inspections a report is given to the Board of Supervisors (BOS),
and issues identified will be addressed immediately;
xv. All bid invitations will be sent out by the Service Company to pre-qualified
contractors, and quotes will be compared, reviewed and awarded by the BOS;
xvi. Other needs not specifically mentioned in field services will be addressed as
identified;
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Schedule B
Rate Schedule
I. ANNUAL BASE FEE
District Management Fee
Dissemination Agent Fee
Special Assessment Services
Website Services
Field Management Services
$46,270
$ 1,500
$ 6,600
$ 1,100
$12,830
Total Annual Fees $ 68,300
II. MISCELLANEOUS SCHEDULE OF CHARGES
Special Meetings - Beyond seven (7) annual meetings as defined in
Schedule A to this Agreement
$750 dollars for additional
meetings beyond the 7 meetings.
Special projects such as project management services and other
specialized services not included in the scope of services will be
billed at $125.00 per hour.
$125.00 per hour
Mail Distribution
General Distribution- Includes label, folding, insertion of up to two items and
delivery to the post office
$0.35 per piece
General Distribution - Additional inserts over two $0.03per additional page
Labels $0.07each
Certified Mail Current rate charged by
postmaster plus handling charge of
$5.00
Postage Current rate charged by postmaster (no
add on}
Copies
Black and white, single sided $0.18 per copy, up to 100 copies $0.10 per copy thereafter
Color (single sided} $0.50 per copy
Black and white, duplex (two-sided) $0.21 per duplex copy
Special Services - incudes court appearances, performance oi tasks other than
contract schedule(s), requested attendance for special committee functions and
research for special projects
$125.00 per hour
File Storage - Records preceding those included in base fee (current year records
plus two years previous) (Any boxes may be transferred to the District upon the
request of the District)
$15.00 per box per month
Notary service Included
Estoppel letters for Sellers of Property-the Service Company will charge the seller
directly at market rates Included
Website services for compliance with Florida Statutes Chapter 189 are
included, but not ADA compliance services. ADA compliance services can be Chapter 189 Included
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provided at an additional cost.
For the filing of any FEMA applications there will be a minimum charge of
$750 for the filing of any such application and the Manager will be paid $150
an hour for all work associated with a FEMA project. The hourly billing will
begin once an application for FEMA funds has been developed and submitted.
$750 per the development and
submission of a FEMA application
and $150 an hour for all work on a
FEMA project, with the billing to
begin once an application has been
developed and submitted.
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