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Heritage Bay Community Development District March 5, 2020 Agenda Package Agenda Page 1

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Page 1: 2020-03-05 Heritage Bay AGENDA PACKAGE Mtg · 2020-02-28 · Heritage Bay Community Development District Inframark, Infrastructure Management Services 210 N. University Drive, Suite

Heritage Bay

Community Development District

March 5, 2020

Agenda Package

Agenda Page 1

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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

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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

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Fourth Order of Business

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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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Paul C Shellberg

10483 Heritage Bay Blvd.

Naples, FL 34120

(H) 248-274-0174: (C) 248-705-2927; Email [email protected]

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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)

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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]

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▪ 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

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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

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Fifth Order of Business

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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)

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Sixth Order of Business

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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

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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.}

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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

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Seventh Order of Business

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Eighth Order of Business

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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

[email protected]

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:

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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.

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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.

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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.

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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.

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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.

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Tenth Order of Business

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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

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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

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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

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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

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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

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10B.

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HERITAGE BAY

Prepared by

Community Development District

Financial Report

January 31, 2020

(Unaudited)

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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

………………………………………………….

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HERITAGE BAY

Community Development District

Financial Statements

(Unaudited)

January 31, 2020

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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

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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

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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

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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

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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

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January 31, 2020

HERITAGE BAY

Community Development District

Supporting Schedules

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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

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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

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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

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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

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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

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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

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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

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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.

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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

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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

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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

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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

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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

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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.

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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

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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

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10C.

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HERITAGE BAYCommunity Development District

Annual Operating and Debt Service Budget

Fiscal Year 2021

Prepared by:

Proposed Budget(Meeting 3/5/20)

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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

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HERITAGE BAY

Community Development District

Budget OverviewFiscal Year 2021

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Fiscal Year 2021

HERITAGE BAY

Community Development District

Operating Budget

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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

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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

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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

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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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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.

5

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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.

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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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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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HERITAGE BAY

Community Development District

Debt Service BudgetFiscal Year 2021

Agenda Page 93

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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

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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

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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

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Supporting Budget SchedulesFiscal Year 2021

HERITAGE BAY

Community Development District

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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

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10D

Agenda Page 99

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Heritage Bay CDD

01/28/20 – Field Management Report

www.inframarkims.com

Inspected on: 01/28/20 by: Tim Hall & Tina Williams

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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.

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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.

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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.

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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

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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

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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

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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

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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

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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

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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.

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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.

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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

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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)

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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.

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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

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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

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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.

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10E.

Agenda Page 118

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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.

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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.

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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

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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.

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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:

[email protected]

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

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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

[email protected]

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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