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Heritage Bay Agenda 07/12/2018
Heritage Bay Community Development District Board of Supervisors ❑ Edwin Hubbard, Chairman ❑ Justin Faircloth, District Manager ❑ John May, Vice Chairman ❑ Gregory Urbancic, District Counsel ❑ Dennis Gagne, Assistant Secretary o Jeffrey Satfield, District Engineer ❑ F. Jack Arcurie, Assistant Secretary F; Donna Hunter, Assistant Secretary Regular Meeting Agenda July 12, 2018 — 9:00 a.m. I.Rol.. Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Engineer's Report A. Water Testing Proposal B. Bathymetric Update C. Project Updates i. Lake Bank Restoration Update 5. Attorney's Report A. 30A/30B Boating Regulations Update B. Stormwater Management Rules and Policies Update C. Discussion of Website Compliance D. Rules of Procedure 6. Old Business A. Lake Bank Repair & Maintenance Guidelines 7. New Business A. QE Proposals for North Bank of Lake 20 and East Bank of Lake 30A i. Supplemental Storrnwater Repair Project Construction Agreement ii. Lake 20 Project Construction Agreement B. Resolution 2018-9 Supplemental Assessment Resolution C. Resolution 2018-10 Adopting Amended Supplemental Engineer's s Report and Amended Supplemental Assessment Allocation Report D. Insurance Renewal E. Resolution 2018-11 Approving Adoption and Execution of the Statewide Mutual Aid Agreement District Office: Meeting Location: 210 N. University Drive, Suite 702 Heritage Bay Clubhouse Coral Springs, FL 33071 10154 Heritage Bay Boulevard 954-603-0033 Naples, FL July 12, 2018 Agenda Heritage Bay CDD S. Manager's Report A. Approval of the Minutes of the June 7, 2018 Regular Meeting B. Acceptance of Financials C. Discussion of Fiscal Year 2019 Modified Budget D. Acceptance of Fiscal Year 2017 Audit E. Field Manager's Report F. Lake & Wetland Management Monthly Inspection Report G. Follow Up Items 9. Supervisors' Reports, Requests, and Comments 10. Chairman's Comment 11. Audience Comments 12. Adjournment The next meeting is scheduled for August 2, 2018 at 9:00 a.m. District Office: Meeting Location: 210 N. University Drive, Suite 702 Heritage Bay Clubhouse Coral Springs, FL 33071 10154 Heritage Bay Boulevard 954-603-0033 Naples, FL ADDENDUM TO AGREEMENT HERITAGE BAY CDD WATER QUALITY MONITORING EVENTS - OCTOBER 2018 & APRIL 2019 LAKE SEDIMENT METALS ANALYSIS & REPORT COLLIER COUNTY, FLORIDA JUNE 7, 2018 CPH, Inc., Environmental Services (CPH) has prepared a proposal of services and fees to provide certain environmental consultant services for the above referenced project as an addendum to the Agreement between Heritage Bay Community Development District ("DISTRICT") and CPH, Inc. ("CONTRACTOR"). PROJECT DESCRIPTION CPH, Inc. has been requested to perform two (2) monitoring events to collect water quality data within approximately 29 lakes/stormwater management ponds with the community development district boundary. The 2 monitoring events shall occur in October 2018 and April 2019. A report of results shall be prepared summarizing after each monitoring event for a total of 2 reports and each report will be provided to the Client. As directed by the Client the lake monitoring shall include grab samples Total Nitrogen, Total Phosphorus and Chlorophyll a for each of the 29 lakes. The'lakes proposed for sampling are 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29. In addition to the water quality sampling, the CDD has requested sampling for metals. CPH is proposing to sample one lake in each basin for a total of 6 sample locations to test the lake bottom sediments. The sampling for metals will occur during the October event. 1.0 SCOPE OF SERVICES 1.1 Basic Services CPH shall provide, or obtain from others, all labor, material and equipment to perform the following services: ENV -1 October 201 8Water Sampling Event & Report ➢ CPH shall notify the CCD at least two (2) weeks prior the scheduled water quality sampling event. ➢ CPH shall sample salinity, conductivity, temperature, dissolved oxygen, pH for one (1) event within approximately 29 lakes within the development boundaries. CPH shall collect one (1) sample for each parameter to include Chlorophyll a, Total Nitrogen and Total Phosphorus within approximately 29 lakes. ➢ CPH shall coordinate with the analytical laboratory to obtain sampling materials for collection of chlorophyll a, TN and TP as needed. Once samples area collected, CPH shall deliver samples to the laboratory for analysis. ➢ Water Quality sampling shall be located within the deep part of the lake within the photic zone. The sampling event shall occur on or near October 1, 2018. The sample depth and time will be recorded and identified within the report. CPH anticipates three (3) days to sample lakes. 'v During water quality sampling, CPH scientists shall photograph lakes, document the aquatic vegetation observed and additional observations that may affect water quality. These observations shall also be recorded and photographed as deemed necessary. ➢ CPH shall report any issues observed during the sampling events to the Client via email. Heritage Bay CDD Oct 2018 & April 2019 Water Quality Sampling Events and Lake Sediment Metals Analysis June 7, 2018 Page 2 of 4 ➢ CPH shall report the monitoring event results to the Client within two (2) weeks of receipt of the laboratory sampling results. A location map of the sampling areas shall also be provided in the report. FDEP Standard Operating Procedures (SOP) shall be followed with sample collection, handling and laboratory analysis. ➢ CPH shall address comments or issues brought forth by the CDD regarding the report. CPH shall revise the report as needed. ENV -2 April 2018 Water Sampling Event & Report ➢ CPH shall notify the CCD at least two (2) weeks prior the scheduled water quality sampling event. CPH shall sample salinity, conductivity, temperature, dissolved oxygen, pH for one (1) event within approximately 29 lakes within the development boundaries. CP't shall collect one (1) sample for each parameter to include Chlorophyll a, Total Nitrogen and Total Phosphorus within approximately 29 lakes. ➢ CPH shall coordinate with the analytical laboratory to obtain sampling materials for collection of chlorophyll a, TN and TP as needed. Once samples area collected CPH shall deliver samples to the laboratory for analysis. ➢ Water Quality sampling shall be located within the deep part of the lake within the photic zone. The sampling event shall occur in April 2019. The sample depth and time will be recorded and identified within the report. CPH anticipates three (3) days to sample lakes. ➢ During water quality sampling, CPH scientists shall photograph lakes, document the aquatic vegetation observed and additional observations that may affect water quality. These observations shall also be recorded and photographed as deemed necessary. ➢ CPH shall report any issues observed during the sampling events to the Client via email. ➢ CPH shall report the monitoring event results to the Client within two (2) weeks of receipt of the laboratory sampling results. A location map of the sampling areas shall also be provided in the report. ➢ FDEP Standard Operating Procedures (SOP) shall be followed with sample collection, handling and laboratory analysis. ➢ CPH shall address comments or issues brought forth by the CDD regarding the report. CPH shall revise the report as needed. ENV -3 Lake Sediment Metals Analysis & Report ➢ CPH shall notify the CCD at least two (2) weeks prior the scheduled lake sediment sampling event. ➢ CPH prior to the sampling event will propose which of the 6 lakes to sample. CPH will proceed with the sampling once approvalof the sample locations has been provided by the CDD. ➢ CPH shall collect samples for analysis. The parameters proposed for analysis include: Silver, Aluminum, Arsenic, Boron, Barium, Beryllium, Calcium, Cadmium, Cobalt, Chromium, Copper, Iron, Potassium, Magnesium, Molybdenum, Sodium, Nickel, Lead, antimony, Selenium, Tin, Strontium, titanium, Thallium, Vanadium, Mercury, Zinc, andSulfate. ➢ CPH shall collect samples within one (1) lake for each of the six (6) basins. ➢ CPH shall coordinate with the analytical laboratory to obtain sampling materials for collection of samples as needed. Once samples area collected CPH shall deliver samples to the laboratory for analysis. ➢ The lake sediment sampling event shall occur October 2018. Sediment sampling shall be a separate event from the water quality sampling events. The sample depth and time will be recorded and identified within the report. Heritage Bay CDD Oct 2018 & April 2019 Water Quality Sampling Events and Lake Sediment Metals Analysis June 7, 2018 Page 3 of 4 ➢ CPH shall report any issues observed during the sampling events to the Client via email. ➢ CPH shall report the monitoring event results to the Client within two (2) weeks of receipt of the laboratory sampling results. A location map of the sampling areas shall also be provided in the report. ➢ FDEP Standard Operating Procedures (SOP) shall be followed with sample collection, handling and laboratory analysis. ➢ CPH shall address comments or issues brought forth by the CDD regarding the report. CPH shall revise the report as needed. 1.2 Additional Services Provide other professional and technical services not specifically identified in Sections ENV -1 through ENV - 4 above. 2.0 COST AND COMPENSATION 2.1 Basic Services Services under Basic Services, Task ENV -1 above shall be provided as a Fixed Fee of $13,850 for one (1) sampling event to monitor approximately 29 water bodies including report preparation. Services under Basic Services, Task ENV -2 above shall be provided as a Fixed Fee of $13,850 for one (1) sampling event to monitor approximately 29 water bodies including report preparation. Services under Basic Services, Task ENV -3 above shall be provided as a Fixed Fee of $6,675 for one (1) sampling event to collect samples from six (6) lakes (one lake in each basin) including report preparation. This cost shall not be exceeded without Client authorization. Invoices for Basic Services will be submitted monthly based on percent complete. 2.2 Additional Services Invoices for Additional Services will be provided on an hourly plus expense reimbursement basis. Invoices for Additional Services will be submitted monthly. Heritage Bay CDD Oct 2018 & April 2019 Water Quality Sampling Events and Lake Sediment Metals Analysis June 7, 2018 Page 4 of 4 3.0 AUTHORIZATION The above fees, terms, conditions and specifications are subject to the terms and agreements made within the master agreement between the DISTRICT and CONTRACTOR. It is understood that you may terminate this contract with written notice to CPH and CPH will only bill for services rendered up to the date when written termination of the contract !sreceived by CPH in conformation with the genera! information. CPH is authorized to do the work as specified and payment will be made as outlined above. By signing this agreement, both parties acknowledge that they have the legal authority to enter into this agreement and agree to be bound by the terms contained therein and in the master agreement. Should the agreement be acceptable, please sign, retain a copy for your records, and return a copy to CPH as our notice to proceed. We look forward to working with you on this endeavor. Should you have any questions, please call me at (407) 399-0840. CPH, INC AUTHORIZATION r Amy E. Daly, LEED AP Title: Vice President/Director of Environmental Services Date: July 9, 2018 CLIENT AUTHORIZATION M HERITAGE BAY CDD Print Name: Title: Date: Subject: FW: Heritage Bay CDD - Quote for Additional Repairs Attachments: Heritage Bay CDD - Additional Work Quote.pdf; Heritage Bay CDD - Lake 20 Exhibit.pdf From: Faircloth, Justin Sent: Tuesday, June 19, 2018 3:29 PM To: 'Gregory Haas' <GHaas@geusa.com>; Lou Gaudio <1 audio@geusa.com>; 'Greg Urbancic' <gurbancic@cyklawfirm com>; Satfield, Jeffrey M. (P.E.) <jsatfield@cphcorp com> Cc: Howard Murrell <hmurrell@geusa.com>; 'Jennings, Josh' <"ennings@cphcorp com> Subject: RE: Heritage Bay CDD - Quote for Additional Repairs Good Afternoon, Thank you for the attached additional work proposals. The contracts for repairs on Lakes 18, 19, & 20 (NW and SW banks) were awarded to another bidder, however, at the last Heritage Bay CDD meeting the Board requested to have contracts presented at the July 12th meeting for the additional work on lake 30A (see attached proposal of $157,705.00) and the north bank of Lake 20 Single Family House Drainage Design (see estimate below from Mr. Gaudio in an email dated 1/31/18). Josh/Jeffery, please make sure that everyone has a full set of plans for the work on lake 20 regarding the single family homes. I have attached the exhibit, but I am not sure a full set of plans has been distributed. I did not see a full set of plans on the ftp site either, but I may have overlooked them. Additionally, we need to make sure the plans show hook ups to each downspout (I am not sure if you recommend the two eastern most homes to be connected or not). Please also review the attached proposal for the additional rip rap to be installed along lake 30A east bank and see if you have any comments or suggestions. Lou, please work with CPH and solidify a proposal to complete the work as designed for the lake 20 single family home drainage project and revise the proposal on the east bank of lake 30A if required from comments from CPH. Greg, please begin working on contracts for both projects I need all documents finalized and back to me by 6/29/18 at noon in order to guarantee their inclusion in the 7/12/18 agenda packet. Let me know if you have any questions. Sincerely, Justin Justin Faircloth I District Manager (biNFRAMARK 5911 Country Lakes Drive Fort Myers, FL 33905 (0) 239.245.7118 ext. 306 (M) 239.785.0675 1 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: Lou Gaudio [mailto:IgaudioC�geusa com] Sent: Wednesday, January 31, 2018 1:53 PM To: Faircloth, Justin <Justin. Fa ircloth@ inframark com> Cc: Jennings, Josh <jjenningsC�cphcarp.com>; SatfieId, Jeffrey M. (P. E.) <jsatfield cphcorp.com> Subject: RE: Heritage Bay Lake Bank Stabilization Justin Based on the drawings that were provided, we estimate the work to be in the range of $115,000.00 to $120,000.00. This does not include mobilization cost, we will base this on doing it while we are on site. This would be a savings of approximately $25,000.00. Let me know if you want to discuss further. Thanks Louis J. Gaudio Vice President Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 Tel. (239) 435-7200 Fax (239) 435-7202 www.aualitventerprisesusa com This electronic message and any attachments contain confidential, privileged information intended solely for the addressee. If you are not the intended LC."IF recipient of this nsessage, please reply to the sender that you received the message in error and delete all copies of the message from your computer and -�-Y nehvork. Dissemination, copying, or other use of this message by any person or entity other than the intended recipient is strictly prohibited. aTa�wr�d�lYca From: Faircloth, Justin [mailto:Justin.Faircloth inframark com] Sent: Wednesday, January 31, 2018 11:54 AM To: Lou Gaudio <Igaudio@geusa com> Cc: Jennings, Josh <j ennings@cphcorp.com>; Satfield, Jeffrey M. (P.E.) <jsatfield@cphcorp.com> Subject: RE: Heritage Bay Lake Bank Stabilization Great, thank you! Justin Faircloth I District Manager (61NFRAMARK INFRASTRUCTURi_ MANAGEWNT SERVICES 5911 Country Lakes Drive Fort Myers, FL 33905 (0) 239.245.7118 ext. 306 (M) 239.785.0675 1 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: Lou Gaudio [mailto:lgaudio@geusa.com] Sent: Wednesday, January 31, 2018 11:33 AM To: Faircloth, Justin <Justin.Faircloth inframark.com> Cc: Jennings, Josh <jjennings@cphcorp.com>; Satfield, Jeffrey M. (P.E.) <isatfield@cphcorp.com> Subject: RE: Heritage Bay Lake Bank Stabilization Justin It was great meeting you all as well ... I was actually in the midst of reviewing the numbers for that extra work. I should be able to have a number for you this afternoon, We did review our numbers from the original bids and I don't think we will be able to reduce it any further; however, we are trying to make it work so that there is very little mobilization cost on the extra work since we are already there. As you can see, on both bids we were pretty tight compared to the other bids. Let me finalize numbers and I'll get back to you this afternoon. On the other areas, yes we set aside the time after the pre con to walk the site and -review these other areas as well. Thanks Louis J. Gaudio Vice President Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 Tel. (239) 435-7200 Fax (239) 435-7202 www.gualityenterprisesusa.com E This electronic message and any attachments contain confidential, privileged information intended solely for the addressee. If you are not the intended recipient of this message, please reply to the sender that you received the message in error and delete all copies of the message fr•orn your computer and netivork. Dissemination, copying, or other use of this message by any person or entity other than the intended recipient is strictly prohibited. u1w�r���a From: Faircloth, Justin [mailto:Justin.Faircloth@inframarl<.com] Sent: Wednesday, January 31, 2018 11:28 AM To: Lou Gaudio <Igaudio@geusa.com> Cc: Jennings, Josh <iiennings@cphcorp.com>; Satfield, Jeffrey M. (P.E.) <jsatfield@cphcorp.com> Subject: RE: Heritage Bay Lake Bank Stabilization Lou, It was great meeting you and Mr. Murrell last week. Have you had time to review the additional project on the north bank of lake 20 at Heritage Bay that we mentioned to you at our meeting and develop potential numbers based on the plans presented by CPH? Any thoughts or comments you may provide in regards to this project would be appreciated. Additionally, I wanted to know if you found any potential areas for cost savings on the two large projects that have been awarded for lakes 30A & 30B as outlined by myself and Mr. Satfield during our meeting? The Board is meeting again tomorrow and I would like to provide them with an update. Lastly, I identified problem areas on the north bank of lake 18, the east bank of lake 30A, and the south bank of lake 30A around the control structure between lakes 29 and 30A. Maybe when we schedule the preconstruction meeting with the Golf Course you can take a look at these areas and develop a cost estimate to address these additional areas while your firm is on site working this Spring as these minor areas of concern. Thank you, Justin Justin Faircloth 1 District Manager (biNFRAMARK INFRASTRUCIrUftE MANACEWNT SERVICES 5911 Country Lakes Drive Fort Myers, FL 33905 (0) 239.245.7118 ext. 306 1 (M) 239.785.0675 1 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: Gregory Haas [mailto:GHaas@geusa.corn] Sent: Friday, June 01, 2018 4:42 PM To: Faircloth, Justin <Justin.Faircloth@inframark com> Cc: Lou Gaudio <Igaudio@geusa.com>; Howard Murrell <hmurrell geusa.com> Subject: Heritage Bay CDD - Quote for Additional Repairs Justin, Attached is the quote for the additional repair areas at Heritage Bay, Please call me if you have any questions. Thanks, Greg Haas Project Manager Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, Florida 34117-8414 Cell (517) 599-3214 Tel. (239) 435-7200 Fax (239) 435-7202 aAvmwwwnk� QUALITY ENTERPRISES INFRAMARK PROPOSAL SUBMITTED T0; 5911 Country Lakes Drive STREET Ft. Myers, Florida 33905 CITY, STATE, ZIP Justin Faircloth ATTN .; 239-245-7118 PHONE NO. 3494 SHEARWATER STREET NAPLES, FL 34117 (239) 435-7200 PR e_ PI % �j / _ ...4_._. FAX (239) 435-7202 FAX NO. June 1, 2018 DATE PROPOSAL# Greg Haas SALES REPRESENTATIVE Heritage Bay CDD — Additional Repairs JOB NAME Heritage Bay, Naples, Florida JOB LOCATION WE PROPOSE hereby to furnish all labor, materials, equipment and services necessary to complete the following: Justin, As requested, we are pleased to provide a quote for the additional repair areas within Heritage Bay CDD. ADD ADDITIONAL RIP RAP TO ALONG EAST BANK OF LAKE 30A Bid Description Quantity Units Unit Price Bid Total Item 1 Turbidity Barrier 1 LT - ---------- $9.00 $9,000.00 2 Add one (1) foot of Rip 1.,800 TN $71.50 $128,700,00 Rap along 1000I,F of Lake Bank 3 Install sod to repair 1 SY $5.00 TBD disturbed areas as needed 4 Access and Cleanup 1 LS $20,000 $20,000 BID TOTAL: $157,705 (price for sod installation is a unit price only and total may increase as the amount required for restoration is unknown at this time.) Bid exclusions — replacement or repair of gcotextile fabric and excavation of material at toe located at bottom of rip rap are not included. EROSION OF LAKE 20 BANK BETWEEN TEE BOXES r CUSTOMER -SIGNATURE &DATE QUALIT ENTERPRISES U� NC.- SI NATURE & DST Page 1 BID TOTAL: $15,000 Remove and haul existing vegetation offsite, regrade lake 20 bank (460'x501) between tee boxes. Bid exclusions — the importation of fill material, landscaping, and sodding are not included. REPAIR THE NORTH BANK OF LAKE 18 BID TOTAL: $22,000 Install temporary silt fence at waterline, stabilize repair area with geotextile fabric, place three (3) foot of imported fill material over geotextile fabric. Bid exclusions — landscaping and sodding are not included. REGRADE NW CORNER OF LAKE 20- BID 0 BID TOTAL: $12,000 Regrade disturbed area and repair damaged HDPE pipe. Bid exclusions — the importation of fill material, landscaping, and sodding are not included. REPAIR EROSION AT SW CORNER OF LAKE 19 BID TOTAL: $12,000 Construct a six (6) foot wide by thirty (30) foot concrete flume with geotextile fabric and a short curb along the top, place a small amount of rip rap at the end of new concrete flume (two -ton max), install celebration sod (appx 25 SY) in area adjacent to flume and golf tee. Bid exclusions — landscaping, sodding, or rip rap other than mentioned above. CONDITIONS WL� 6/1 hf� CUSTOMER - SIGNATURE & DATE QUALI ENTERPRISES USj"--,( RE &,DA Page 2 �/ 1, PURCHASE ORDER TERMS, CONDITIONS OR PROVISIONS INCONSISTENT WITH THESE CONDITIONS AND THE WRITTEN PROPOSAL ATTACHED HERETO ARE INEFFECTIVE. THESE CONDITIONS AND THE PROPOSAL ATTACHED HERETO ARE REFERRED TO HEREAFTER AS THE "AGREEMENT". THIS AGREEMENT CONSTITUTES THE ENTIRE CONTRACT OF THE PARTIES, ALL PRIOR DISCUSSIONS AND AGREEMENTS ARE MERGED HEREIN. THIS AGREEMENT, ANY CHANGE ORDERS, WAIVER, OR MODIFICATION OF THIS AGREEMENT SHALL NOT BE BINDING UNLESS IN WRITING AND SIGNED BY A CORPORATE OFFICER OF QUALITY ENTERPRISES USA, INC. ("CONTRACTOR"). ALL CHANGE ORDERS SHALL BE SUBJECT TO THESE CONDITIONS. 2. "MATERIALS" SHALL INCLUDE ALL EQUIPMENT, MATERIALS, PRODUCTS, AND PARTS SUPPLIED PURSUANT TO THIS AGREEMENT. NO WARRANTY OF MERCHANTABILITY, FITNESS, OR OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY SHALL APPLY TO MATERIALS PROVIDED BY CONTRACTOR. Contractor's liability with regard to defective labor shall be limited to repairs to or replacement of property improperly installed, serviced or directly damaged by Contractor. In no event shall Contractor be liable for consequential or special damages, such as lost profits, or for transportation, installation, adjustment, remediation of environmental contamination, cleanup of spillage of hazardous materials as hereinafter defined, or other expenses which may arise in connection with the materials, installation or other service provided pursuant to this Agreement. Further, in no event shall Contractor's liability arising out of the work, installation, service and materials described in this Agreement exceed $10,000.00. Notwithstanding the foregoing, Contractor assigns to Customer the right to enforce against any manufacturer of materials any warranty provided by the manufacturer of the materials. 3. Once signed by a corporate officer of Contractor and by Customer, this Agreement shall constitute a legally binding agreement. Due to the uncertainty of prices of materials and equipment, prices quoted are those currently in effect, Prices may be significantly higher at time of delivery and, if so, such increase shall be added to the contract price. If such increases are unacceptable to Customer, Customer may elect to cancel this Agreement. 4. Contractor's review of any specifications, drawing, or take -offs is for the convenience of the Customer, and Contractor gives no warranty of fitness for particular purpose and shall not be liable or responsible (i) for any errors or inconsistencies contained in said specifications, drawings, or take -offs, (ii) for failure to accurately interpret said specifications, drawings, or take -offs, or (iii) to provide proper materials pursuant to said specifications, drawings, or take -offs. Customer is solely responsible for determining if the materials proposed herein meet Customer's requirements. 5. Contractor shall not be responsible for loss or damage to materials while in transit on any carrier not owned by Contractor. 6. On underground tank installation, Customer shall supply water for hold-down product (at least 98% of tank's capacity) at job site at time tank is set in excavation. 7. This Agreement does NOT include: (1) Removal and/or replacement of underground objects encountered during excavation, including but not limited to rock and utilities, Any unforeseen underground conditions, e.g. water, rock, electric, telephone, water lines, or other utilities, disposal of contaminated soils or materials, running sands, and/or other obstacles will be handled at an additional cost to the Customer on a time and material basis (2) Removal and disposal of any liquids in tanks: assume price of $0,75/gallon or $450.00, whichever is greater, assuming the liquid contains no hazardous or contaminated materials as defined herein. (3) Removal and disposal of contaminated soil or material. (a) If contaminated soil, material or free product is encountered, Contractor will discuss a plan of action with Customer. Customer should be present during excavation. (b) Customer is responsible for all contamination encountered during the removal of underground tanks, as well as spillage which normally occurs during the excavation and tank removal process. (c) Contaminated soil will be disposed of and additional clean fill material supplied, at additional cost and only at the direction of the Customer. Disposal cannot begin until additional lab results are received. (4) Removal and/or disposal of any sludge from tanks. If Customer authorizes, Contractor will dispose at additional cost. (5) Disposal of tanks lined with epoxy of fiberglass. (6) Working with hazardous materials. Disposal is based on all soil and materials not being hazardous or contaminated, the latter terms describing substances or conditions that (i) are subject to regulation by federal, state or local authority, including without limitation regulation in their handling or storage; or (ii) have been deemed to be harmful to human health by any federal, state or local authority; these terms include without limitation petroleum products and other hydrocarbons. (7) Engineering andlor surveying -layout. (8) Permits: An additional charge of the cost of the permit(s) plus 20% will be charged. (9) Plans, site check, site assessment, corrective action or other response activities required by federal, state or local regulation, other than the physical removal of the tank. Customer shall be responsible for all plans, response or remediation reports, studies and actions. (10) Bonds of any kind or nature — the cost of the bond(s) plus 20% will be charged. (11) Sales, use, or other taxes imposed on the service and materials provided hereunder, and/or Contractor's equipment. Customer shall pay all such taxes. (12) Cost to Contractor of disposing well point water off-site, 8. If Contractor determines that soil or other material is contaminated, Contractor may stop work, and Customer shall be responsible for 100% of the costs attributable to the work performed until such stoppage, including without limit," ; labor rformed, materials CUSTOMER - SIGNATURE & DATE QUA ITY TE PRISES A INC. - S_NATURE & ATE Page 3 purchased, equipment rented, and reasonable overhead and profit. Any further work performed by Contractor shall be performed on terms acceptable to Customer and Contractor. 9. It is the Customer's responsibility to submit an Underground/Above Ground Storage Tank notification form to the proper government authorities and to conduct all other site check, site assessment, or corrective action. Contractor will assist Customer if requested. 10. Customer grants to Contractor a first priority security interest in all materials delivered hereunder to secure payment in full. Customer shall execute such documents as Contractor may request to perfect its security interest. Contractor shall have the right, in addition to all others it may have, at any time Contractor deems itself insecure for payment or Customer defaults, to withhold shipments in whole or in part, to stop work (without further obligation to Customer, and to recover Contractor's costs to date, reasonable overhead, and profit), recall materials in transit, retake same and repossess all materials which may be stored with Contractor or stored or installed with Customer, without notice or court proceeding. Customer consents that all materials so recalled, retaken or repossessed shall become the absolute property of Contractor. Customer shall receive ten days' notice of sale (which may be public or private) of such materials and credit for the resale price, less costs of sale. This does not release the Customer from full liability under this Agreement. 11. Forbearance or failure of Contractor to enforce any of these Conditions or to exercise any right accruing on any default by Customer shall not waive or impair Contractor's rights hereunder, nor shall such forbearance or failure be deemed a waiver of Contractor's rights in case of other or future defaults by Customer. 12. Deliveries are subject to availability of materials at the time specified for delivery. Contractor shall have no liability for delays caused by unavailability of materials, strikes, fire or other events beyond the control of Contractor. 13. All claims against Contractor based on this Agreement the labor or service performed, or materials supplied hereunder, must be made by the Customer to Contractor in writing within 10 days after the breach or claim was or should have been discovered, whichever is earlier. Failure to give such notice within such time shall constitute a waiver of such claim, and Contractor shall not be liable therefore. Any suit brought based on this Agreement, the labor or service performed, or materials supplied hereunder shall be brought within one year of substantial completion of the work provided for herein, or such claim shall be forever barred. 14. Terms: Net 15 days upon completion with progress payment due net 15 days following invoice date; interest: 18% annual percentage charged following 15 days from date of invoice. Customer shall pay all of Contractor's reasonable costs and/or attorney fees incurred as a result of any breach by Customer. 15. This Agreement shall be governed and construed according to the laws of Florida without regard to its choice of law provisions, In the event of any dispute hereunder other than collection by Contractor, the parties shall first mediate the dispute through a mutually acceptable mediation service, or if none, then through Public Adjudication Center of Duke University Law School, and then, if necessary, arbitrated in accordance with the rules of the American Arbitration Association. Such mediation and arbitration shall take place in Naples, Florida. WHEN EXECUTED BY THE CUSTOMER AND QUALITY ENTERPRISES USA, INC.'S CORPORATE OFFICER, THIS PROPOSAL WILL CONSTITUTE A BONAFIDE CONTRACT BETWEEN THE PARTIES, SUBJECT TO ALL TERMS AND CONDITIONS ON ALL PAGES INCLUDED IN THIS PROPOSAL AND ANY WRITTEN ADDITION THERETO. i r CUSTOMER - SIGNATURE & DATE QUALITY ENTERPRIspoA, INC, -'SIGNATORY & DATE Page 4 Agenda Page 84 Contract No.: District Award Date: July 12, 2018 CONSTRUCTION AGREEMENT HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (SUPPLEMENTAL STOI?NIWATER REPAIR PROJECT) THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into as of this day of , 2018, by and between HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT, a unit of local special purpose government created pursuant to Chapter 190, Florida Statutes ("District"), and QUALITY ENTERPRISES USA, INC., a Virginia corporation ("Contractor"). WITNESSETH: WHEREAS, District desires to obtain the services of Contractor concerning certain supplemental stormawter management repairs within the Heritage Bay subdivision situated in Collier County, Florida relating to the following: east bank of Lake 30A, Lake 20 between tee boxes, north bank of Lake 18, northwest corner of Lake 20, and southwest corner of Lake 19 (the "Project")• and WHEREAS, Contractor has submitted a bid proposal for provision of services to complete the Project; and WHEREAS, Contractor represents that it has expertise in the type of services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and subject to the terms and conditions hereof, the parties agree as follows: ARTICLE ONE CONTRACTOR'S RESPONSIBILITY 1.1 The service to be performed by Contractor hereunder is the Project which consists of the work on real property located within the Heritage Bay subdivision in Collier County, Florida as described in the Agreement Documents (as defined in Article Five below), which Agreement Documents are attached hereto and made a part hereof by reference (collectively, the "Work"). For purposes of clarification of certain text within the Agreement Documents, notwithstanding anything to the contrary, the Work specifically includes, without limitation those items set forth on Exhibit "A" attached hereto and made a part hereof. The obligations of Contractor hereunder shall include the furnishing and maintaining any required bonds and insurance. 1.2 Contractor agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and Collier County, Florida, including, but not limited to, all licenses, if any, required by the respective state boards and other governmental agencies responsible for regulating and licensing the services to be provided and performed by Contractor pursuant to this Agreement. CONSTRUCTION AGREEMENT PAGE l OF 19 Agenda Page 85 1.3 Contractor agrees that, when the services to be provided hereunder relate to a service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, Contractor shall employ and/or retain only qualified personnel to provide such services. 1.4 Contractor agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, an individual to serve as Contractor's project manager (hereinafter referred to as the "Proiect Manager"). The Project Manager shall be authorized and responsible to act on behalf of Contractor with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. 1.5 Contractor has represented to District that it has expertise in the type of services that will be required for the Work. Contractor agrees that all services to be provided by Contractor pursuant to this Agreement shall be subject to District's review and written approval and shall be in accordance with the generally accepted standards ofprofessional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by Contractor hereunder. In the event of any conflicts in these requirements, Contractor shall notify District of such conflict in writing and utilize its best professional judgment to advise District regarding resolution of the conflict. 1.6 All permits necessary for the performance of the Work shall be procured and paid for by Contractor. Contractor shall be solely responsible for the actions of all employees and subcontractors it utilizes on the Project. All licenses necessary for Contractor's performance of the Work shall be procured, maintained, and paid for by Contractor. If Contractor performs any Work without obtaining, or contrary to, such permits and licenses, Contractor shall bear all costs arising therefrom. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution and completion of the Work. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 1.7 Contractor agrees to keep the Project site clean at all times and free of debris, rubbish and waste materials arising out of the Work. At the completion of the Work scheduled for that period and at the commencement of any period longer than one (1) week during which Contractor will not have workers on site, Contractor shall remove all debris, rubbish and waste materials from and about the Project site as well as all tools, appliances, construction equipment, machinery and surplus materials and shall leave the Project site clean and ready for occupancy and use by District. Any existing surface or subsurface improvements, including but not limited to, pavements, curbs, cart paths, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated to be removed, repaired or altered, shall be protected by Contractor from damage or staining during the prosecution of the Work. Contractor shall not permit or allow the improper dumping or discharge of hazardous materials, chemicals, or other materials, into any lake or drainage structure adjacent or near the Project site. All existing surface or subsurface improvements damaged, stained, or improperly impacted by Contractor or its subcontractors and/or materialmen shall be returned to their pre-existing condition by Contractor at no cost to District. Contractor shall be responsible for any damage or staining to, and for maintenance and protection of, existing utilities and associated structures. 1.8 Contractor agrees that any and all damage caused by Contractor or its subcontractors to the Project site occurring at any time within the time period beginning with the commencement of the Work and ending with the completion of the Work shall be repaired and replaced by Contractor at Contractor's sole cost and CONSTRUCTION AGREEMENT PAGE 2 OF 19 Agenda Page 86 expense. Such repairs must be completed in a manner acceptable to District, in the District's sole and absolute discretion. 1.9 Contractor agrees not to divulge, furnish or make available to any third person, firm or organization, without District's prior written consent, or unless incident to the proper performance of Contractor's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Contractor hereunder, and Contractor shall require all of its employees, agents, suppliers, subconsultants, and subcontractors to comply with the provisions of this paragraph. 1.10 Except as otherwise provided herein, Contractor agrees not to disclose or use any information not available to members of the general public and gained by reason of Contractor's contractual relationship with District for the special gain or benefit of Contractor or for the special gain or benefit of any other person or entity. 1.11 Contractor warrants to District that all materials and equipment Pam. ished under this Agreement will be of good quality and new, unless otherwise required or permitted by the Agreement Documents, and that the Work will conform to the requirements and specifications of the Agreement Documents. Contractor warrants and guarantees all portions of the Project against poor workmanship and faulty or defective materials for a period of twelve (12) months after final payment hereunder and shall promptly correct any and all defects, which may appear during this period upon notification by District. Neither final acceptance of the Project, nor final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or services. If any of the services or materials provided under this Agreement are found to be defective, deficient or not in accordance with the Agreement, and without intending to limit any other remedies, Contractor shall correct, remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Further, the Contractor hereby assigns all manufacturers' warranties to the District, and shall provide evidence of the same with the Contractor's submittal its final payment application. 1.12 Trench Safety. Pursuant to Section 553.60, Florida Statutes, and in the event that the Project requires excavation to exceed a depth of five (5) feet, Contractor shall provide at the time of the execution of this Agreement the following: (a) A reference to the trench safety standards that will be in effect during the period of construction of the Project. (b) Written assurance by the contractor or subcontractor performing the trench excavation that such contractor or subcontractor will comply with the applicable trench safety standards. (c) A separate item identifying the cost of compliance with the applicable trench safety standards. Further, Contractor agrees that it shall: (a) As a minimum, comply with the excavation safety standards which are applicable to the Project. (b) Adhere to any special shoring requirements, if any, of the state or other political subdivisions which may be applicable to the Project. CONSTRUCTION AGREEMENT PAGE 3 OF 19 Agenda Page 87 (c) If any geotechnical information is available from the District, Contractor, or otherwise, the contractor or subcontractor performing trench excavation shall consider this information in the contractor's design of the trench safety system which it will employ on the Project. This Section shall not require the District to obtain geotechnical information. 1.13 Public Records. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.070 1, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Sandra Demarco ("Public Records Custodian"). Among other requirements and to the extent applicable by law, Contractor shall 1) keep and maintain public records required by the District to perform the Services; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the Agreement term and following the Agreement term :f Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Agreement, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. Failure of Contractor to comply with Section 119.070 1, Florida Statutes may subject Contractor to penalties under Section 119. 10, Florida Statutes. Further, in the event Contractor fails to comply with this Section or Section 119.0701, Florida Statutes, District shall be entitled to any and 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 Contractor HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954) 603-0033 EXT. 405329 SAN . A C F A A .0 w OR 210 N. UNIVERSITY DRIVE, SUITE 702, CORAL SPRINGS, FL 33071. 1.14 Proximity to Golf Course and Golf Play; Waiver. Contractor recognizes and acknowledges that the Project will be conducted by Contractor in areas that are located adjacent to, or in close proximity with, the golf club and golf course ("Golf Course") operated by Heritage Bay Golf & Country Club, Inc. "Golf Club"). District does not own or control the Golf Course, does not regulate or control play on the Golf Course, and is separate entity from the Golf Club. Contractor acknowledges that undertaking construction work adjacent or near to the Golf Course involves certain risks including, without limitation, the risk of errant golf balls from the Golf Course with the potential for causing bodily injury or damage to property. CONSTRUCTION AGREEMENT PAGE 4 OF 19 Agenda Page 88 Contractor agrees that District, the Golf Club and their officers, supervisors, directors, employees, members and agents shall not in any way be responsible for any claims, damages, losses, demands, liabilities, obligations, actions or causes of action whatsoever relating to the Golf Course including, without limitation, personal injury or property damage from golf balls (regardless of number) or any other alleged wrong attributable to any extent to the proximity of the Project to the Golf Course and its operations. Contractor agrees to undertake any and all precautions or safety measures that Contractor deems necessary or appropriate in carrying out the Project to protect Contractor's employees, workers, and subcontractors. Contractor shall warn and advise all subcontractors of the proximity of the Project to the Golf Course and the risks associated with the work. Contractor hereby assumes the risk inherent in undertaking the Project adjacent or near to the Golf Course, including, without limitation, the risk of personal injury and property damage from errant golf balls, and hereby indemnifies and agrees to hold District, the Golf Club and their officers, supervisors, directors, employees, members and agents harmless from any and all loss arising from claims by Contractor, its employees, workers, subcontractors, or the employees or workers of any subcontractor for any personal injury or property damage relating to the Golf Course or its operations. 1.15 Pre -Construction Meeting/Go1f Coarse Closures. Prior to commencing the Work, Contractor will have a pre -construction meeting at a reasonable date/time designated by the Project Coordinator, which meeting with include applicable District representatives and also representatives of the Golf Course. Contractor acknowledges there may be times that the Golf Course is temporarily closed for the performance of portions of the Work and agrees to the extent commercially reasonable to stage the Project to take advantage of the closures in undertaking the Project. ARTICLE TWO DISTRICT'S RESPONSIBILITIES 2.1 District has designated Justin Faircloth, Inframark, LLC as the project coordinator to act as District's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define District's policies and decisions with respect to Contractor's services for the Project. However, the Project Coordinator is not authorized, without evidence of approval by District's Board of Supervisors, to issue any verbal or written orders or instructions to Contractor that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of the Work to be provided and performed by Contractor hereunder; (b) The time Contractor is obligated to commence and complete the Work; or (c) The maximum amount of compensation District is obligated or committed to pay Contractor. 2.2 The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by Contractor for payment for services and work provided and performed in accordance with this Agreement; (b) Arrange for access to and make all provisions for Contractor to enter the Project site to perform the services to be provided by Contractor under this Agreement; and CONSTRUCTION AGREEMENT PAGE 5 OF 19 Agenda Page 89 (c) Provide notice to Contractor of any deficiencies or defects discovered by District with respect to the services to be rendered by Contractor hereunder. ARTICLE THREE AMOUNT OF AGREEMENT 3.1 The District shall pay Contractor in current United States funds for the performance of the Work, subject to additions and deductions by change order as provided in the Agreement Documents, the not -to - exceed price of Two Hundred Eighteen Thousand Seven Hundred Five AND NO/100 DOLLARS ($218,705.00) (the "Agreement Price"). [Gull ARTICLE FOUR PROGRESS PAYMENTS/FINAL PAYMENTS 4.1 Progress Payments. Contractor may requisition payments for portions of the Work completed at intervals of not more than once a month. Contractor's requisition shall show a complete breakdown of the Work, the quantities completed and the amount due, together with a certification by Contractor that Contractor has disbursed to all subcontractors and suppliers their pro -rata shares of the payment out of previous progress payments received by Contractor for all work completed and materials furnished in the previous period or properly executed releases of liens by all subcontractors, suppliers and materialmen who were included in Contractor's previous applications for payment, and any other supporting documentation as may be required by the Project Coordinator or the Agreement Documents. As a condition precedent to payment, Contractor shall, if required by District, also furnish to District properly executed Waiver of Right of Claim Against the Payment Bond in the form as provided in Section 255.05, Florida Statutes from all subcontractors, materialmen, suppliers and other person or entity who has, or might have a claim against District for the work done on District's property. Each requisition shall be certified by Contractor and be submitted to the Project Coordinator and CPH, Inc., District's engineer ("District Engineer"), in duplicate for approval. District shall approve or disapprove the requisition for payment within thirty (30) calendar days of receipt by the Project Coordinator and the District Engineer of Contractor's requisition for payment. Should District disapprove the requisition for payment, District shall, in writing, inform Contractor of the reasons therefore shall be stated with particularity within the referenced thirty (30) calendar day period. If approved, District shall make payment to Contractor within said thirty (30) calendar day period. 4.2 Retainage. Retainage shall be withheld pursuant to Section 255.078, Florida Statutes. Ten percent (10%) of all monies earned by Contractor shall be retained by District as retainage until the Work is fifty percent (50.0%) completed and accepted by District. After fifty percent (50%) of the Work has been completed to the satisfaction of District and Contractor is not otherwise in breach of any term or covenant contained herein, District shall reduce the amount of retainage to five percent (5%) for each subsequent progress payment made to Contractor. After fifty percent (50%) completion of the Project, Contractor may present to District a payment request for up to one-half of the retainage held by District. District entity shall promptly make payment to Contractor, unless District entity has grounds pursuant to applicable Florida law for withholding the payment of retainage. If District makes payment of retainage to Contractor which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Notwithstanding the foregoing or anything contained herein to the contrary, nothing herein shall prohibit District from withholding, and District shall not be required to pay or release to Contractor, any amounts that are the subject of a good faith dispute, the subject of a claim brought pursuant to s. 255.05, or otherwise the subject of a claim or demand by the District or Contractor. CONSTRUCTION AGREEMENT PAGE 6 of 19 Agenda Page 90 4.3 Substantial Completion. When Substantial Completion has been achieved, Contractor shall notify District in writing and shall furnish to District a proposed punch list listing of those matters yet to be finished. District will thereupon conduct an inspection to confirm that the work is in fact Substantially Complete and shall upon determining that the work is Substantially Complete, shall review and revise, if necessary, the proposed punch list. Upon its confirmation that Contractor's work is Substantially Complete, District will so notify Contractor in writing and will therein set forth the date of Substantial Completion and furnish the final punch list of items that need to be completed for final completion. If District, through its inspection, fails to find that Contractor's work is Substantially Complete, and is required to repeat all, or any portion, of its Substantial Completion inspection, Contractor shall bear the cost of such repeat inspection(s)which cost may be deducted by District from any payment then or thereafter due to Contractor. Upon Substantial Completion, District shall pay Contractor an amount sufficient to increase total payments to Contractor to ninety percent (90%) of the Agreement Price less any amounts attributable to liquidated damages, and less the reasonable costs as determined by District for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. 4.3 Final Lnspectio.-IT nal Application for Payment. Within twenty (20) days after District's receipt of written notice from Contractor that the Work is finally complete and ready for final inspection, District shall make a final inspection and will notify Contractor in writing of any Work which is not in accordance with the requirements of the Agreement Documents and describing what is required to render the Work complete, satisfactory, and acceptable (the "Deficiency Notice"). Notwithstanding the foregoing, District's failure to include any corrective Work or pending items not yet completed in the Deficiency Notice shall not alter or reduce the responsibility of Contractor to complete all the Work described herein. Not later than twenty (20) days after District's delivery to Contractor of the Deficiency Notice, Contractor shall correct, complete, or remedy any and all Work noted in the Deficiency Notice. After Contractor has completed all such corrections to the satisfaction of the Project Coordinator and the District Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Agreement Documents, the Project Coordinator shall confirm promptly by written notice to Contractor that the Work has been accepted by District as of such date (the date of Acceptance). After the Project Coordinator has indicated that the Work is acceptable and the Project has reached final completion, Contractor may then make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all construction liens arising out of or filed in connection with the Work; (2) waivers and releases covering in full all labor, materials and equipment for which a lien could be filed; (3) separate Waiver of Right of Claim Against the Payment Bond in the form as provided in Section 255.05, Florida Statutes from each subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has, or might have a claim against the Owner; (4) if applicable, consent(s) of surety to final payment; and (5) a final affidavit of Contractor stating that all laborers, materialmen, suppliers and subcontractors who worked for Contractor under this Agreement have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. For the avoidance of doubt, the process described in this Section 4.3 is intended to satisfy the requirements set forth in Section 218.735(7), Florida Statutes. 4.4 Final Payment and Acceptance. If, on the basis of the District Engineer's and the Project Coordinator's observation of the Work during construction and final inspection, and the District Engineer's review of the final application for payment and accompanying documentation, the District Engineer and the Project Coordinator are satisfied that the Work has been completed and Contractor's other obligations under the Agreement Documents have been fulfilled, the District Engineer will, within ten (10) days after receipt of the final application for payment, indicate in writing the District Engineer's recommendation of payment and present the application to the Project Coordinator for final approval and payment. Otherwise, the Project Coordinator and/or the District Engineer will return the application to Contractor, indicating in CONSTRUCTION AGREEMENT PAGE 7 OF 19 Agenda Page 91 writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application within (20) calendar days after presentation to the Project Coordinator of the final application and accompanying documentation, in appropriate form and substance, and with the District Engineer's recommendation and notice of acceptability, the final payment constituting the entire unpaid balance of the Agreement Price shall be paid by District to Contractor. (a) The making of final payment shall constitute a waiver of claims by District except those arising from: (1) Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. (2) Faulty or defective work and latent defects discovered after acceptance. (3) Failure of the work to comply with the requirements of the Agreement Documents. (4) Terms of special warranties required by the Agreement Documents. (5) Any of Contractor's continuing obligations under this Agreement. (b) Contractor's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against District arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final payment. Neither the acceptance of Contractor's services nor payment by District shall be deemed to be a waiver of any of District's rights against Contractor. 4.5 District's Right to Withhold Payment. Notwithstanding anything herein to the contrary, District may, upon written notice to Contractor, withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of and of the following: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating the probable filing of claims by other parties against Contractor. (c) Failure of Contractor to make payment to subcontractors or suppliers for materials or labor. (d) Damage to another contractor not remedied. (e) Liability for liquidated damages has been incurred by Contractor. (f) Reasonable evidence that the work will not be completed within the time set forth in Section 6.1. (g) Failure to carry out the work in accordance with the Agreement Documents. When the above grounds are removed or resolved or Contractor provides a surety bond satisfactory to District, which will protect District in the amount withheld, payment may be made in whole or in part. 4.6 Florida Prompt Payment Act. The above notwithstanding, except as otherwise provided, all payments to Contractor shall be paid in accordance with the provisions of Part VII, Chapter 218, Florida Statutes, as amended from time to time. Specifically, if a dispute between District and Contractor cannot be resolved pursuant to the applicable procedures set forth in Section 218.735, Florida Statutes, the dispute shall be finally determined by the District pursuant to internal dispute resolution procedures adopted by the District. District and Contractor shall commence dispute resolution proceedings within forty-five (45) days after the date the payment request or proper invoice was received by the District and concluded by final decision of the District within sixty (60) days after the date the payment request or proper invoice was received by the District. 4.7 CONSTRUCTION AGREEMENT PAGE 8 OF 19 Agenda Page 92 (" ") Section 404 — Hazard Mitigation Program ("Sketion 404 Program") and the Section 404 — Public Assistance Program ("Section 406 Progr2m"). Contractor agrees to cooperate with District and provide separate payment requisitions for portions of Work which qualify for the Section 404 Program and Section 406 Program, and provide such other documentation regarding completion of the qualifying portion of the Work as the District may reasonably require to fulfill the requirements of the State of Florida and/or FEMA.kGU2] ARTICLE FIVE CONTRACT DOCUMENTS Contractor shall furnish all labor, equipment, and materials and perform the Work for the Agreement Price in strict accordance with the following documents, which documents shall collectively be known as the "Agreement Documents": c t r i�,w t; , r t . ,,.;,.l ✓. i Const L1eLlo11 Agreement- Peril Bay On'ilriuiilty DeveLopmeUL DI L11 L 5. 1.1 Contractor's Bid Proposal (attached hereto and incorporated herein as Exhibit "A") 5.1.2 Heritage Bay Community Development District Lake Bank Restoration Project- Project Manual(attached hereto and incorporated herein as Exhibit "B")[GU3] 5.1.3 Contractor's Proposal and Plans for the Work (at}ached hereto and incorporated herein as Exhibit "C")[GU41 5.1.4 Certificate(s) of Insurance as required hereunder 5.1.5 Payment and Performance Bond ARTICLE SIX TIME OF COMMENCEMENT AND FINAL COMPLETION; LIQUIDATED DAMAGES 6.1 The Work to be performed by Contractor shall be commenced no later than ten (10) days after the District has issued a written Notice to Proceed to Contractor. Contractor shall be obligated to Substantially Complete (as defined below) the Project within I ( ) [GU5]calendar days after the date of the District's issuance of the Notice to Proceed ("Substantial Completion Deadline") and to finally complete the Project within thirty (30) days after the date of Substantial Completion ("Final Completion Deadline"). Upon the District's request, Contractor shall furnish such evidence as the District requires concerning ability to timely complete the Project. 6.2 Time is of the essence with respect to the performance of this Agreement and District will suffer financial loss if the Work is not completed within the time specified in this Section, plus any extensions thereof allowed by change order. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by District if the Project is not CONSTRUCTION AGREEMENT PAGE 9 OF 19 Agenda Page 93 6.3 The terms "Substantial Completion" or "Substantially Complete" as used herein, shall mean that point at which the Project is at a level of completion in strict compliance with this Agreement such that District or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. ARTICLE SEVEN INSURANCE 7.1. Contractor shall obtain and carry, at all times during its performance under the Agreement Documents at its sole cost and expense, the following insurance, including any additional insurance required under the Agreement Documents: � I�_ e r i it r i i i kap Workers Compensation insurance on behalf of all employees who are to provide G service under this Agreement, as required under applicable Florida law AND Employer's Liability with limits of not less than $250,000.00 per employee per accident, $500,000 disease aggregate, and $250,000.00 per employee per disease. In the event Contractor has "leased" employees, Contractor or the employee leasing company must provide evidence of a Minimum Premium Workers' Compensation policy, along with a Waiver of Subrogation in favor of District. All documentation must be provided to District at the address listed above. No contractor or sub -contractor operating under a worker's compensation exemption shall access or work on the site. (b) Commercial General Liability insurance on comprehensive basis including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than $2,000,000.00 per occurrence and $2,000,000.00 aggregate covering all work performed under this Agreement. (c) Contractual liability insurance covering all liability arising out of the terms of the Agreement Documents. (d) Automobile liability insurance as required in the Request for Proposal for bodily injury and property damage, including all vehicles owned, leased, hired and non -owned vehicles with limits of not less than $2,000,000.00 combined single limit covering all work performed under this Agreement. District, its supervisors, officers, agents, employees and volunteers shall be named as non-contributory additional insureds on all policies, with the exception of the Worker's Compensation policy, and each policy shall be endorsed that such coverage shall be primary to any similar coverage carried by District. 7.2 Certificates of insurance acceptable to District shall be filed with District prior to the commencement of the Work. Said certificate shall clearly indicate type of insurance, amount and classification in strict accordance with the foregoing requirements. These certificates shall contain a provision that coverage afforded under Contractor's policies will not be cancelled until at least thirty (30) days prior written notice has been given to District by certified mail. CONSTRUCTION AGREEMENT PAGE 10 OF 19 Agenda Page 94 7.3 All insurance policies required of Contractor shall be issued by a company authorized to do business under the laws of the State of Florida, with a minimum A.M. Best Rating of "A". 7.4 The acceptance by District of any Certificate of Insurance does not constitute approval or agreement by District that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. 7.5 Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by District. 7.6 Should at any time Contractor not maintain the insurance coverages required herein, District may terminate this Contact or at its sole discretion shall have the right, but not the obligation, to purchase such coverages and charge Contractor for such coverages purchased. District shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of District to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement Documents. 7.7 If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of this Agreement, Contractor shall furnish to District renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of Contractor to provide District with such renewal certificate(s) shall give District the unilateral right, but not the obligation, to terminate this Agreement. ARTICLE EIGHT MISCELLANEOUS PROVISIONS 8.1 Terms used in the Agreement which are not defined herein shall have the meaning designated in the Agreement Documents. 8.2 As stated in the Agreement Documents, Contractor shall be permitted to work Regular Working upon a minimum of forty-eight (48) hours advance notice for inspections. [oUxjNotwithAanding any provision of the Agreement Documents to the contrary, Contractor shall be permitted to work on Saturdays; provided, however, that the hours of work on Saturday are subject to the approval of the Project Coordinator, in the Project Coordinator's sole discretion. Contractor shall submit its proposed Saturday hours to the Project Coordinator for approval no later than forty-eight (48) hours in advance. 8.3 District and Contractor each binds itself, its successors, assigns and legal representatives to the other party hereto, and such party's successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Agreement Documents. 8.4 Contractor shall not assign or transfer this Agreement or its rights, benefits, or obligations without the prior written approval of District. Contractor shall have the right to employ other persons and/or firms to serve as subcontractors in connection with the requirements of the Agreement Documents. 8.5 Contractor in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall, to the fullest extent permitted by Section 725.06, Florida Statutes, protect, defend, indemnify and hold District and its officers, supervisors, employees and agents CONSTRUCTION AGREEMENT PAGE 11 OF 19 Agenda Page 95 harmless from and against any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs including, but not limited to, attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, but only to the extent caused by the negligent or intentional acts or omissions of Contractor, a subcontractor, or anyone directly or indirectly employed by them but only as to that portion of the claim, damage or loss that is not attributable to District's negligent and/or willful acts or omissions. The foregoing provisions of this paragraph to the contrary notwithstanding, Contractor's liability to indemnify District as set forth herein shall: (i) be limited to $2 million per occurrence, which District and Contractor agree is reasonable given the size of the Project and the amount of general liability coverage maintained by Contractor, including umbrella coverage; (ii) be limited to the acts, omissions or defaults of Contractor, any of Contractor's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees, or of District, or District's agents or employees; provided, however, that such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of District, or District's agents or employees, or for statutory violation or pialiiiive damages, except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of Contractor or any of Contractor's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees. The preceding provisions have been added specifically to memorialize District and Contractor's intent that the provisions of this section shall be fully enforceable in accordance with the provisions of Section 725.06, Florida Statutes. Contractor shall and does hereby indemnify and hold harmless District and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses, and expenses (including attorney's fees) arising out of any infringement of patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 8.6 Equal Opportunity: Contractor assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Agreement. 8.7 E -Verification: As per the Immigration and Nationality Act of 1952 (INA), Immigration Reform and Control Act of 1986 (IBCA) and State of Florida Executive Order Number 11-116, Contractor identified in this Agreement shall utilize the U.S. Department of Homeland Security's E -Verify system to verify employment eligibility of. all persons employed during the Agreement term by Contractor to perform employment duties pursuant to the Agreement, within Florida; and all persons, including subcontractors, assigned by Contractor to perform work pursuant to the Agreement with the District. (http: //www.uscis. aov/e- veri Additionally, Contractor shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security's E -Verify system to verify employment eligibility of: all persons employed during the Agreement term by Contractor to perform work or provide services pursuant to this Agreement with the District. It is understood that the District will not be responsible for any violations of Federal law and Contractor, solely, will be responsible and liable for any violations and or penalties associated with such violation. 8.8 Public Entity Crimes: In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal/bid on a contract/agreement with a public entity for the construction or repair of a public building or public work, may not submit proposals/bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed CONSTRUCTION AGREEMENT PAGE 12 OF 19 Agenda Page 96 on the convicted vendor list. Contractor affirmatively represents that neither it or its owners, subcontractor or sub -subcontractor are nor will be on the convicted vendor list during the term of this Agreement. 8.9 In any action or proceeding arising between the parties relating to the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees, expenses, and all court costs, including fees and costs incurred through any appeal, from the non -prevailing party. 8.10 The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles and any schedules or attachments. 8.11 This Agreement, including the referenced exhibits attached hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE NINE DEFAULT/TERMINATION 9.1 Contractor shall be in default of its obligations under this Agreement if (i) it fails to begin work in compliance with the Agreement, (ii) fails to properly and timely perform the Work as directed by the engineer or as provided for in the approved Schedule of Work, (iii) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such work as may be rejected, (iv) suspends Work for a period greater than five business days without the prior written consent of District, (v) fails to comply with any applicable codes, laws, ordinances, rules or regulations with respect to the work or (vi) breaches any other provision of this Agreement. In the event of a default, District shall provide written notice to Contractor stating the cause of the default and the actions that Contractor must take to cure the default. If, after seven (7) days from District's delivery of notice, Contractor fails to cure the default, District may terminate this Agreement and take possession of all or any portion of the work and any materials on-site, and complete all or any portion of the work by whatever means, method, or agency District may choose in its sole discretion. Notwithstanding any termination of this Agreement by District, the liability of Contractor shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained and obligations assumed by District acting in good faith under the belief that such were necessary or required in completing the work and in settlement, discharge or compromise of any claims, demands, suits and judgments pertaining to or arising out of the work. 9.2 If, after notice of termination of this Agreement as provided for in paragraph 9.1 above, it is judicially determined that Contractor was not in default, or that its default was excusable, or that District otherwise was not entitled to the remedy against Contractor provided for in paragraph 9.1, then the notice of termination given pursuant to paragraph 9.1 shall be deemed to be the notice of termination provided for in paragraph 9.3 below and Contractor's remedies against District shall be the same as and limited to those afforded Contractor under paragraph 9.3 below. 9.3 District shall have the right to terminate this Agreement without cause upon fifteen (15) calendar days' written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against District shall be limited to that portion of the Agreement Price earned through the date of termination, together with any retainage withheld, if any, and any actual costs reasonably incurred by Contractor that are directly attributable to the termination, but Contractor shall not be entitled to any other CONSTRUCTION AGREEMENT PAGE 13 of 19 Agenda Page 97 or further recovery against District, including, but not limited to, anticipated fees or profits on work not performed. ARTICLE TEN PERFORMANCE AND PAYMENT BOND 10.1 Contractor shall furnish a performance and payment bond to District. The bond shall set forth a penal sum in an amount not less than the Agreement Price. The bond furnished by Contractor shall incorporate by reference the terms of this Agreement as fully as though they were set forth verbatim in such bonds and shall specifically reference Section 1.11 of this Agreement. In the event the Agreement Price is adjusted by a change order executed by the parties, the penal sum of both the bond shall be deemed increased by like amount. The bond furnished by Contractor shall be in form suitable to District and shall be executed by a surety, or sureties, reasonably acceptable to District. ARTICLE ELEVEN CONFLICT OF INTEREST 11.1 Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. ARTICLE TWELVE MODIFICATION 12.1 No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13.1 All notices required or made pursuant to this Agreement to be given by Contractor to District shall be in writing and shall sent by overnight courier, hand delivery or be delivered by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following address: Heritage Bay Community Development District c/o District Manager Inframark, LLC 5911 Country Lakes Drive Ft. Myers, FL 33905 13.2. All notices required or made pursuant to this Agreement to be given by District to Contractor shall sent by commercial next -business day delivery (such as FedEx or UPS), hand delivery or delivered by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following address: CONSTRUCTION AGREEMENT PAGE 14 OF 19 Agenda Page 98 Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, FL 34117-8414 13.3 Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE FOURTEEN APPLICABLE LAW 14.1 Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought exclusively in the appropriate Florida state court in Collier County, Florida, and in no other venue or forum. (Remainder of Page Intentionally Left Blank. Signatures begin on Next Page) CONSTRUCTION AGREEMENT PAGE 15 OF 19 Agenda Page 99 IN WITNESS WHEREOF, the parties hereto have executed this Construction Agreement as of the day and year first written above. DISTRICT: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Name: Title: Contractor: QUALITY ENTERPRISES USA, INC. a Virginia corporation Name: Title: CONSTRUCTION AGREEMENT PAGE 16 OF 19 Agenda Page 100 EXHIBIT "A" Contractor's Bid Proposal CONSTRUCTION AGREEMENT PAGE 17 OF 19 Agenda Page 101 EXHIBIT `B" Project Manual[Gu8] CONSTRUCTION AGREEMENT PAGE 18 OF 19 Agenda Page 102 EXHIBIT "C" Contractor's Proposal and Plans for the Work CONSTRUCTION AGREEMENT PAGE 19 OF 19 Contract No.: District Award Date: July 12, 2018 CONSTRUCTION AGREEMENT HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT (LAKE 20 PROJECT) THIS CONSTRUCTION AGREEMENT (this "Agreement") is made and entered into as of this day of 12018, by and between HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT, a unit of local special purpose government created pursuant to Chapter 190, Florida Statutes ("District"), and QUALITY ENTERPRISES USA, INC., a Virginia corporation ("Contractor'l. RTA a §01 201M�l WHEREAS, District desires to obtain the services of Contractor concerning certain stormwater management improvements relating to the lake general known as Lake 20 within the Heritage Bay subdivision situated in Collier County, Florida (the "Project"); and WHEREAS, Contractor has submitted a bid proposal for provision of services to complete the Project; and WHEREAS, Contractor represents that it has expertise in the type of services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, and subject to the terms and conditions hereof, the parties agree as follows: ARTICLE ONE CONTRACTOR'S RESPONSIBILITY 1.1 The service to be performed by Contractor hereunder is the Project which consists of the work on real property located within the Heritage Bay subdivision in Collier County, Florida as described in the Agreement Documents (as defined in Article Five below), which Agreement Documents are attached hereto and made a part hereof by reference (collectively, the "Work"). For purposes of clarification of certain text within the Agreement Documents, notwithstanding anything to the contrary, the Work specifically includes, without limitation those items set forth on Exhibit "A" attached hereto and made a part hereof. The obligations of Contractor hereunder shall include the furnishing and maintaining any required bonds and insurance. 1.2 Contractor agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and Collier County, Florida, including, but not limited to, all licenses, if any, required by the respective state boards and other governmental agencies responsible for regulating and licensing the services to be provided and performed by Contractor pursuant to this Agreement. CONSTRUCTION AGREEMENT PAGE 1 OF 19 1.3 Contractor agrees that, when the services to be provided hereunder relate to a service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, Contractor shall employ and/or retain only qualified personnel to provide such services. 1.4 Contractor agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, an individual to serve as Contractor's project manager (hereinafter referred to as the "Prosect Manager"). The Project Manager shall be authorized and responsible to act on behalf of Contractor with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. 1.5 Contractor has represented to District that it has expertise in the type of services that will be required for the Work. Contractor agrees that all services to be provided by Contractor pursuant to this Agreement shall be subject to District's review and written approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws statutes, ordinances odes, rules, regulations -and requirements ov f any governmental ilii ental agencies `v'v'hich regulate or have jurisdiction over the Project or the services to be provided and performed by Contractor hereunder. In the event of any conflicts in these requirements, Contractor shall notify District of such conflict in writing and utilize its best professional judgment to advise District regarding resolution of the conflict. 1.6 All permits necessary for the performance of the Work shall be procured and paid for by Contractor. Contractor shall be solely responsible for the actions of all employees and subcontractors it utilizes on the Project. All licenses necessary for Contractor's performance of the Work shall be procured, maintained, and paid for by Contractor. If Contractor performs any Work without obtaining, or contrary to, such permits and licenses, Contractor shall bear all costs arising therefrom. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution and completion of the Work. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 1.7 Contractor agrees to keep the Project site clean at all times and free of debris, rubbish and waste materials arising out of the Work. At the completion of the Work scheduled for that period and at the commencement of any period longer than one (1) week during which Contractor will not have workers on site, Contractor shall remove all debris, rubbish and waste materials from and about the Project site as well as all tools, appliances, construction equipment, machinery and surplus materials and shall leave the Project site clean and ready for occupancy and use by District. Any existing surface or subsurface improvements, including but not limited to, pavements, curbs, cart paths, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated to be removed, repaired or altered, shall be protected by Contractor from damage or staining during the prosecution of the Work. Contractor shall not permit or allow the improper dumping or discharge of hazardous materials, chemicals, or other materials, into any lake or drainage stricture adjacent or near the Project site. All existing surface or subsurface improvements damaged, stained, or improperly impacted by Contractor or its subcontractors and/or materialmen shall be returned to their pre-existing condition by Contractor at no cost to District. Contractor shall be responsible for any damage or staining to, and for maintenance and protection of, existing utilities and associated structures. 1.8 Contractor agrees that any and all damage caused by Contractor or its subcontractors to the Project site occurring at any time within the time period beginning with the commencement of the Work and ending with the completion of the Work shall be repaired and replaced by Contractor at Contractor's sole cost and CONSTRUCTION AGREEMENT PAGE 2 or 19 expense. Such repairs must be completed in a manner acceptable to District, in the District's sole and absolute discretion. 1.9 Contractor agrees not to divulge, famish or make available to any third person, firm or organization, without District's prior written consent, or unless incident to the proper performance of Contractor's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by Contractor hereunder, and Contractor shall require all of its employees, agents, suppliers, subconsultants, and subcontractors to comply with the provisions of this paragraph. 1.10 Except as otherwise provided herein, Contractor agrees not to disclose or use any information not available to members of the general public and gained by reason of Contractor's contractual relationship with District for the special gain or benefit of Contractor or for the special gain or benefit of any other person or entity. 1.11 Contractor warrants to District that all materials and equipment fu nished under this Agreement will be of good quality and new, unless otherwise required or permitted by the Agreement Documents, and that the Work will conform to the requirements and specifications of the Agreement Documents. Contractor warrants and guarantees all portions of the Proj ect against poor workmanship and faulty or defective materials for a period of twelve (12) months after final payment hereunder and shall promptly correct any and all defects, which may appear during this period upon notification by District. Neither final acceptance of the Project, nor final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or services. If any of the services or materials provided under this Agreement are found to be defective, deficient or not in accordance with the Agreement, and without intending to limit any other remedies, Contractor shall correct, remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Further, the Contractor hereby assigns all manufacturers' warranties to the District, and shall provide evidence of the same with the Contractor's submittal its final payment application. 1.12 Trench Safety. Pursuant to Section 553.60, Florida Statutes, and in the event that the Project requires excavation to exceed a depth of five (5) feet, Contractor shall provide at the time of the execution of this Agreement the following: (a) A reference to the trench safety standards that will be in effect during the period of construction of the Project. (b) Written assurance by the contractor or subcontractor performing the trench excavation that such contractor or subcontractor will comply with the applicable trench safety standards. (c) A separate item identifying the cost of compliance with the applicable trench safety standards. Further, Contractor agrees that it shall: (a) As a minimum, comply with the excavation safety standards which are applicable to the Project. (b) Adhere to any special shoring requirements, if any, of the state or other political subdivisions which may be applicable to the Project. CONSTRUCTION AGREEMENT PAGE 3 or 19 (c) If any geotechnical information is available from the District, Contractor, or otherwise, the contractor or subcontractor performing trench excavation shall consider this information in the contractor's design of the trench safety system which it will employ on the Project. This Section shall not require the District to obtain geotechnical information. 1.13 Public Records. Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may he public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Sandra Demarco ("Public Records Custodian"). Among other requirements and to the extent applicable by law, Contractor shall 1) keep and maintain public records required by the District to perform the Services; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or conf,dent.al and e., mpt from public records disclosure reuu,ire....,nts .e not drselosed ept a� uutlnorrzcd by law for the duration of the Agreement term and following the Agreement tern if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Agreement, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to .Florida laws. When such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. Failure of Contractor to comply with Section 119.070 1, Florida Statutes may subject Contractor to penalties under Section 119. 10, Florida Statutes. Further, in the event Contractor fails to comply with this Section or Section 119.0701, Florida Statutes, District shall be entitled to any and 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 Contractor HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (954) 603-0033 EXT. 40532, AN . M.At 1'(dI NFRAMA �. RK.00114 OR 210 N. UNIVERSITY DRIVE, SUITE 702, CORAL SPRINGS, FL 33071. 1.14 Proximity to Golf Course and Golf Play; Waiver. Contractor recognizes and acknowledges that the Project will be conducted by Contractor in areas that are located adjacent to, or in close proximity with, the golf club and golf course ("Golf Course") operated by Heritage Bay Golf & Country Club, Inc. "Golf Club"). District does not own or control the Golf Course, does not regulate or control play on the Golf Course, and is separate entity from the Golf Club. Contractor acknowledges that undertaking constriction work adjacent or near to the Golf Course involves certain risks including, without limitation, the risk of errant golf balls from the Golf Course with the potential for causing bodily injury or damage to property. CONSTRUCTION AGREEMENT PAGE 4 OF 19 Contractor agrees that District, the Golf Chub and their officers, supervisors, directors, employees, members and agents shall not in any way be responsible for any claims, damages, losses, demands, liabilities, obligations, actions or causes of action whatsoever relating to the Golf Course including, without limitation, personal injury or property damage from golf balls (regardless of number) or any other alleged wrong attributable to any extent to the proximity of the Project to the Golf Course and its operations. Contractor agrees to undertake any and all precautions or safety measures that Contractor deems necessary or appropriate in carrying out the Project to protect Contractor's employees, workers, and subcontractors. Contractor shall warn and advise all subcontractors of the proximity of the Project to the Golf Course and the risks associated with the work. Contractor hereby assumes the risk inherent in undertaking the Project adjacent or near to the Golf Course, including, without limitation, the risk of personal injury and property damage from errant golf balls, and hereby indemnifies and agrees to hold District, the Golf Club and their officers, supervisors, directors, employees, members and agents harmless from any and all loss arising from claims by Contractor, its employees, workers, subcontractors, or the employees or workers of any subcontractor for any personal injury or property damage relating to the Golf Course or its operations. 1.15 Pre-Constniction Meeting/Golf-Course Closures. Prior to commencing the Work, Contractor will have a pre -construction meeting at a reasonable date/time designated by the Project Coordinator, which meeting with include applicable District representatives and also representatives of the Golf Course. Contractor acknowledges there may be times that the Golf Course is temporarily closed for the performance of portions of the Work and agrees to the extent commercially reasonable to stage the Project to take advantage of the closures in undertaking the Project. ARTICLE TWO DISTRICT'S RESPONSIBILITIES 2.1 District has designated Justin Faircloth, Inframark, LLC as the project coordinator to act as District's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define District's policies and decisions with respect to Contractor's services for the Project. However, the Project Coordinator is not authorized, without evidence of approval by District's Board of Supervisors, to issue any verbal or written orders or instructions to Contractor that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of the Work to be provided and performed by Contractor hereunder; (b) The time Contractor is obligated to continence and complete the Work; or (c) The maximum amount of compensation District is obligated or committed to pay Contractor. 2.2 The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by Contractor for payment for services and work provided and performed in accordance with this Agreement; (b) Arrange for access to and make all provisions for Contractor to enter the Project site to perform the services to be provided by Contractor under this Agreement; and CONSTRUCTION AGNEHMP:N I PAGE 5 of 19 (c) Provide notice to Contractor of any deficiencies or defects discovered by District with respect to the services to be rendered by Contractor hereunder. ARTICLE THREE AMOUNT OF AGREEMENT 3.1 The District shall pay Contractor in current United States funds for the performance of the Work, subject to additions and deductions by change order as provided in the Agreement Documents, the not -to - exceed price of AND 1100 DOLLARS (S (the "Agreement Price").;t�utl ARTICLE FOUR PROGRESS PAYMENTS/FINAL PAYMENTS 4.1 Progress Payments. Contractor may requisition payments for portions of the Work completed at intervals of not more than once a month. Contractor's requisition shall show a complete breakdown of the Work, the quantities completed and the amount due, together with a certification by Contractor that Contractor has disbursed to all subcontractors and suppliers their pro -rata shares of the payment out of previous progress payments received by Contractor for all work completed and materials fitmished in the previous period or properly executed releases of liens by all subcontractors, suppliers and materialmen who were included in Contractor's previous applications for payment, and any other supporting documentation as may be required by the Project Coordinator or the Agreement Documents. As a condition precedent to payment, Contractor shall, if required by District, also furnish to District properly executed Waiver of Right of Claim Against the Payment Bond in the form as provided in Section 255.05, Florida Statutes from all subcontractors, materialmen, suppliers and other person or entity who has, or might have a claim against District for the work done on District's property. Each requisition shall be certified by Contractor and be submitted to the Proj ect Coordinator and CPH, Inc., District's engineer ("'District Engineer"), in duplicate for approval. District shall approve or disapprove the requisition for payment within thirty (30) calendar days of receipt by the Project Coordinator and the District Engineer of Contractor's requisition for payment. Should District disapprove the requisition for payment, District shall, h1 writing, inform Contractor of the reasons therefore shall be stated with particularity within the referenced thirty (30) calendar day period. If approved, District shall make payment to Contractor within said thirty (30) calendar day period. 4.2 Retainage. Retainage shall be withheld pursuant to Section 255.078, Florida Statutes. Ten percent (10%) of all monies carried by Contractor shall be retained by District as retainage until the Work is fifty percent (50.0%) completed and accepted by District. After fifty percent (50%) of the Work has been completed to the satisfaction of District and Contractor is not otherwise in breach of any term or covenant contained herein, District shall reduce the amount of retainage to five percent (5%) for each subsequent progress payment made to Contractor. After fifty percent (50%) completion of the Project, Contractor may present to District a payment request for up to one-half of the retainage held by District. District entity shall promptly make payment to Contractor, unless District entity has grounds pursuant to applicable Florida law for withholding the payment of retainage. If District makes payment of retainage to Contractor which is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Notwithstanding the foregoing or anything contained herein to the contrary, nothing herein shall prohibit District from withholding, and District shall not be required to pay or release to Contractor, any amounts that are the subject of a good faith dispute, the subject of a claim brought pursuant to s. 255.05, or otherwise the subject of a claim or demand by the District or Contractor. CONSTRUCTION AGREFMFNT PAGE 6 OF 19 4.3 Substantial Completion. When Substantial Completion has been achieved, Contractor shall notify District. in writing and shall furnish to District a proposed punch list listing of those matters yet to be finished. District will thereupon conduct an inspection to confirm that the work is in fact Substantially Complete and shall upon determining that the work is Substantially Complete, shall review and revise, if necessary, the proposed punch list. Upon its confirmation that Contractor's work is Substantially Complete, District will so notify Contractor in writing and will therein set forth the date of Substantial Completion and furnish the final punch list of items that need to be completed for final completion. If District, through its inspection, fails to find that Contractor's work is Substantially Complete, and is required to repeat all, or any portion, of its Substantial Completion inspection, Contractor shall bear the cost of such repeat inspection(s) which cost may be deducted by District from any payment then or thereafter due to Contractor. Upon Substantial Completion, District shall pay Contractor an amount sufficient to increase total payments to Contractor to ninety percent (90%) of the Agreement Price less any amounts attributable to liquidated damages, and less the reasonable costs as determined by District for completing all incomplete work, correcting and bringing into conformance all defective and nonconforming work, and handling any outstanding or threatened claims. 4.3 Final hnspection/Final Application for Payment. Within twenty (20) days after District's receipt of written notice from Contractor that the Work is finally complete and ready for final inspection, District shall make a final inspection and will notify Contractor in writing of any Work which is not in accordance with the requirements of the Agreement Documents and describing what is required to render the Work complete, satisfactory, and acceptable (the "Deficiency Notice"). Notwithstanding the foregoing, District's failure to include any corrective Work or pending items not yet completed in the Deficiency Notice shall not alter or reduce the responsibility of Contractor to complete all the Work described herein. Not later than twenty (20) days after District's delivery to Contractor of the Deficiency Notice, Contractor shall correct, complete, or remedy any and all Work noted in the Deficiency Notice. After Contractor has completed all such con-ectious to the satisfaction of the Project Coordinator and the District Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Agreement Documents, the Project Coordinator shall confirm promptly by written notice to Contractor that the Work has been accepted by District as of such date (the date of Acceptance). After the Project Coordinator has indicated that the Work is acceptable and the Project has reached final completion, Contractor may then make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all construction liens arising out of or filed in connection with the Work; (2) waivers and releases covering in full all labor, materials and equipment for which a lien could be filed; (3) separate Waiver of Right of Claim Against the Payment Bond hi the form as provided in Section 255.05, Florida Statutes from each subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has, or might have a claim against the Owner; (4) if applicable, consent(s) of surety to final payment; and (5) a final affidavit of Contractor stating that all laborers, materiahmen, suppliers and subcontractors who worked for Contractor under this Agreement have been paid in fiull or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. For the avoidance of doubt, the process described in this Section 4.3 is intended to satisfy the requirements set forth in Section 218.735(7), Florida Statutes. 4.4 Final Payment and Acceptance. If, on the basis of the District Engineer's and the Project Coordinator's observation of the Work during construction and final inspection, and the District Engineer's review of the final application for payment and accompanying documentation, the District Engineer and the Project Coordinator are satisfied that the Work has been completed and Contractor's other obligations under the Agreement Documents have been fulfilled, the District Engineer will, within ten (10) days after receipt of the final application for payment, indicate in writing the District Engineer's recommendation of payment and present the application to the Project Coordinator for final approval and payment. Otherwise, the Project Coordinator and/or the District Engineer will return the application to Contractor, indicating in CONSTRUCTION AGREEMENT PAGE 7 OF 19 writing the reasons for refiising to recorrunend final payment, in which case Contractor shall make the necessary corrections and resubmit the application within (20) calendar days after presentation to the Project Coordinator of the final application and accompanying documentation, in appropriate form and substance, and with the District Engineer's recommendation and notice of acceptability, the final payment constituting the entire unpaid balance of the Agreement Price shall be paid by District to Contractor. (a) The making of final payment shall constitute a waiver of claims by District except those arising from: (1) Liens, claims, security interests or encumbrances arising out of this Agreement and unsettled. (2) Faulty or defective work and latent defects discovered after acceptance. (3) Failure of the work to comply with the requirements of the Agreement Documents. (4) Terms of special warranties required by the Agreement Documents. ��) �Ily U1 �V11U �wi o eori�iuuuig -1-1:11v8auvu1 UJIUUi Lill, rAr,1UU ciit. (b) Contractor's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against District arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by Contractor as unsettled at the time of the final payment. Neither the acceptance of Contractor's services nor payment by District shall be deemed to be a waiver of any of District's rights against Contractor. 4.5 District's Right to Withhold Payment. Notwithstanding anything herein to the contrary, District may, upon written notice to Contractor, withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss on account of and of the following: (a) Defective work not remedied. (b) Claims tiled or reasonable evidence indicating the probable filing of claims by other parties against Contractor. (c) Failure of Contractor to make payment to subcontractors or suppliers for materials or labor. (d) Damage to another contractor not remedied. (e) Liability for liquidated damages has been incurred by Contractor. (f) Reasonable evidence that the work will not be completed within the time set forth in Section 6.1. (g) Failure to carry out the work in accordance with the Agreement Documents. When the above grounds are removed or resolved or Contractor provides a surety bond satisfactory to District, which will protect District in the amount wit1u11e1d, payment may be made in whole or in part. 4.6 Florida Prompt Payment Act. The above notwithstanding, except as otherwise provided, all payments to Contractor shall be paid in accordance with the provisions of Part VII, Chapter 218, Florida Statutes, as amended from time to time. Specifically, if a dispute between District and Contractor cannot be resolved pursuant to the applicable procedures set forth in Section 218.735, Florida Statutes, the dispute shall be finally determined by the District pursuant to internal dispute resolution procedures adopted by the District. District and Contractor shall commence dispute resolution proceedings within forty-five (45) days after the date the payment request or proper invoice was received by the District and concluded by final decision of the District within sixty (60) days after the date the payment request or proper invoice was received by the District. 4.7 FEMA Hazard Mitigation Grant. Contractor acknowledges that District has applied, or will be applying, for h grant from the State of Floridathrough the Federal Department of Emergency Management CONSTRUCTION AGREEMENT PAGE 8 ON 19 ARTICLE FIVE CONTRACT DOCUMENTS Contractor shall furnish all labor, equipment, and materials and perform the Work for the Agreement Price in strict accordance with the following documents, which documents shall collectively be known as the "Agreement Documents": 5.1 Construction Agreement- Heritage Bay Community Development District 5.1.1 Contractor's Bid Proposal (attached hereto and incorporated herein as Exhibit "A") S.1.2 Naritnui- Mw C`ni-nm nits Tlr>vatnrftnant Tlictrint T'nki- Rntik Ri-Qtrirntinn -Pr rniai-i 5.1.3 5.1.4 Certificate(s) of Insurance as required hereunder 5.1.5 Payment and Performance Bond ARTICLE SIX TIME OF COMMENCEMENT AND FINAL COMPLETION; LIQUIDATED DAMAGES 6.1 The Work to be performed by Contractor shall be commenced no later than ten (10) days after the District has issued a written Notice to Proceed to Contractor. Contractor shall be obligated to Substantially Complete (as defined below) the Project within ( } 1UU51calendar days after the date of the District's issuance of the Notice to Proceed ("Substantial Completion Deadline") and to finally complete the Project within thirty (30) days after the date of Suhstantial Completion ("Final Completion Deadline")- T1porn the District's request, Contractor shall ftu-nislh such evidence as the District requires concerning ability to timely complete the Project. 6.2 Time is of the essence with respect to the performance of this Agreement and District will suffer financial loss if the Work is not completed within the time specified in this Section, plus any extensions thereof allowed by change order. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by District if the Project is not CONSTRUCTION AGREEMENT PAGE 9 or 19 6.3 The terms "Substantial Completion" or "Substantially Complete" as used herein, shall mean that point at which the Project is at a level of completion in strict compliance with this Agreement such that District or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. ARTICLE SEVEN INSURANCE 7.1. Contractor shall obtain and carry, at all times during its performance under the Agreement Doctunents at its sole cost and expense, the following insurance, including any additional insurance required under the Agreement Documents: (a) Workers' Compensation insurance on behalf of all employees who are to provide a service under this Agreement, as required under applicable Florida law AND Employer's Liability with limits of not less than $250,000.00 per employee per accident, $500,000 disease aggregate, and $250,000.00 per employee per disease. In the event Contractor has "leased" employees, Contractor or the employee leasing company must provide evidence of a Minimum Premium Workers' Compensation policy, along with a Waiver of Subrogation in favor of District. All documentation must be provided to District at the address listed above. No contractor or sub -contractor operating under a worker's compensation exemption shall access or work on the site. (b) Corarnercial General Liability insurance on comprehensive basis including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than 52,000,000.00 per occurrence and $2,000,000.00 aggregate covering all work performed under this Agreement. (c) Contractual liability insurance covering all liability arising out of the terms of the Agreement Documents. (d) Automobile liability insurance as required in the Request for Proposal for bodily injury and property damage, including all vehicles owned, leased, hired and non -owned vehicles with limits of not less than $2,000,000.00 combined single limit covering all work performed under this Agreement. District, its supervisors, officers, agents, employees and volunteers shall be named as non-contributory additional insureds on all policies, with the exception of the Worker's Compensation policy, and each policy shall be endorsed that such coverage shall be primary to any similar coverage carried by District. 7.2 Certificates of insurance acceptable to District shall be filed with District prior to the commencement of the Work. Said certificate shall clearly indicate type of insurance, amount and classification in strict accordance with the foregoing requirements. These certificates shall contain a provision that coverage afforded under Contractor's policies will not be cancelled until at least thirty (30) days prior written notice has been given to District by certified mail. CONSTRUCTION AGREEMENT PAGE 10 OF 19 7.3 All insurance policies required of Contractor shall be issued by a company authorized to do business under the laws of the State of Florida, with a minimum A.M. Best Rating of "A". 7.4 The acceptance by District of any Certificate of Insurance does not constitute approval or agreement by District that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of hisurance is in compliance with the requirements of this Agreement. 7.5 Contractor shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in writing by District. 7.6 Should at any time Contractor not maintain the insurance coverages required herein, District may terminate this Contact or at its sole discretion shall have the right, but not the obligation, to purchase such coverages and charge Contractor for such coverages purchased. District shall be under no obligation to plrellase such Lls llralee, 11Vr shall It be responsible VtepUc1Vte13a1r h11aseU l h11L11nce companyr y or companies used. The decision of District to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Agreement Documents. 7.7 If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Wort-, or termination of this Agreement, Contractor shall farnish to District renewal or replacement Certifrcate(s) of hlsurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of Contractor to provide District with such renewal certificate(s) shall give District the unilateral right, but not the obligation, to terminate this Agreement. ARTICLE EIGHT MISCELLANEOUS PROVISIONS 8.1 Terms used in the Agreement which are not defined herein shalt have the meaning designated in the Agreement Documents. of the Agreement Documents to the contrary, Contractor shall be permitted to work on Saturdays; provided, however, that the hours of work on Saturday are subject to the approval of the Project Coordinator, in the Project Coordinator's sole discretion. Contractor shall submit its proposed Saturday hours to the Project Coordinator for approval no later than forty-eight (48) hours in advance. 8.3 District and Contractor each binds itself, its successors, assigns and legal representatives to the other party hereto, and such party's successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Agreement Documents. 8.4 Contractor shall not assign or transfer this Agreement or its rights, benefits, or obligations without the prior written approval of District. Contractor shall have the right to employ other persons and/or firms to serve as subcontractors in connection with the requirements of the Agreement Documents. 8.5 Contractor in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall, to the filllest extent permitted by Section 725.06, Florida Statutes, protect, defend, indemnify and hold District and its officers, supervisors, employees and agents CONSTRUCTioN AGREEMENT PAGE 11 OF 19 harmless from and against any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs including, but not limited to, attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, but only to the extent caused by the negligent or intentional acts or omissions of Contractor, a subcontractor, or anyone directly or indirectly employed by them but only as to that portion of the claim, damage or loss that is not attributable to District's negligent and/or willflil acts or omissions. The foregoing provisions of this paragraph to the contrary notwithstanding, Contractor's liability to indemnify District as set forth herein shall: (i) be limited to $2 million per occurrence, which District and Contractor agree is reasonable given the size of the Project and the amount of general liability coverage maintained by Contractor, including umbrella coverage; (ii) be limited to the acts, omissions or defaults of Contractor, any of Contractor's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees, or of District, or District's agents or employees; provided, however, that such indemnification shall not include claims of, or damages resulting from, gross negligence, or wilthil, wanton or lrltlill t i 011al nllseollUnet of "I ulet, Vl D1st11Ct's agents V1 1+111p1OyeeJ, Vl 1Vr statLitory violation or punitive damages, except and to the extent the statutory violation or punitive damages are caused by or result from the acts or omissions of Contractor or any of Contractor's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees. The preceding provisions have been added specifically to memorialize District and Contractor's intent that the provisions of this section shall be fiilly enforceable in accordance with the provisions of Section 725.06, Florida Statutes. Contractor shall and does hereby indemnify and hold harmless District and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses, and expenses (including attorney's fees) arising out of any infringement of patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 8.6 Equal Opportunity: Contractor assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Agreement. 8.7 E -Verification: As per the Immigration and Nationality Act of 1952 (INA), Imrnigration Reform and Control Act of 1986 (IRCA) and State of Florida Executive Order Number 11-116, Contractor identified in this Agreement shall utilize the U.S. Department of Homeland Security's E -Verify system to verify employment eligibility of: all persons employed during the Agreement term by Contractor to perform employment duties pursuant to the Agreement, within Florida; and all persons, including subcontractors, assigned by Contractor to perforin work pursuant to the Agreement with the District.(htt�tj://www.uiscis. gov/e- verif ` Additionally, Contractor shall include a provision in all subcontracts that requires all subcontractors to utilize the U.S. Department of Homeland Security's E -Verify system to verify employment eligibility of: all persons ennployed during the Agreement term by Contractor to perform work or provide services pursuant to this Agreement with the District. It is understood that the District will not be responsible for any violations of Federal law and Contractor, solely, will be responsible and liable for any violations and or penalties associated with such violation. 8.8 Public Entity Crimes: In accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposalibid on a contract/agreement with a public entity for the construction or repair of a public building or public work, may not subunit proposals/bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed CONSTRUCTION AGREEMENT PAGE 12 Or 19 on the convicted vendor list. Contractor affirmatively represents that neither it or its owners, subcontractor or sub -subcontractor are nor will be on the convicted vendor list during the teen of this Agreement. 8.9 hi any action or proceeding arising between the parties relating to the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees, expenses, and all court costs, including fees and costs incurred through any appeal, from the non -prevailing party. 8.10 The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles and any schedules or attachments. 8.11 This Agreement, including the referenced exhibits attached hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no liirce or eflcct whateve on t11*_ Agrl.BiTieii t. ARTICLE NINE DEFAULT/TERMINATION 9.1 Contractor shall be in default of its obligations under this Agreement if (i) it fails to begin work in compliance with the Agreement, (ii) fails to properly and timely perform the Work as directed by the engineer or as provided for in the approved Schedule of Work, (iii) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such work as may be rejected, (iv) suspends Work for a period greater than five business days without the prior written consent of District, (v) fails to comply with any applicable codes, laws, ordinances, rules or regulations with respect to the work or (vi) breaches any other provision of this Agreement. In the event of a default, District shall provide written notice to Contractor stating the cause of the default and the actions that Contractor must take to cure the default. If, after seven (7) days from District's delivery of notice, Contractor fails to cure the default, District may terminate this Agreement and take possession of all or any portion of the work and any materials on-site, and complete all or any portion of the work by whatever means, method, or agency District may choose in its sole discretion. Notwithstanding any termination of this Agreement by District, the liability of Contractor shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained and obligations assumed by District acting in good faith under the belief that such were necessary or required in completing the work and in settlement, discharge or compromise of any claims, demands, suits and judgments pertaining to or arising out of the work. 9.2 If, after notice of termination of this Agreement as provided for in paragraph 9.1 above, it is judicially determined that Contractor was not in default, or that its default was excusable, or that District otherwise was not entitled to the remedy against Contractor provided for in paragraph 9. 1, then the notice of termination given pursuant to paragraph 9.1 shall be deemed to be the notice of termination provided for in paragraph 9.3 below and Contractor's remedies against District shall be the same as and limited to those afforded Contractor under paragraph 9.3 below. 9.3 District shall have the right to terminate this Agreement without cause upon fifteen (15) calendar days' written notice to Contractor. In the event of such tennination for convenience, Contractor's recovery against District shall be limited to that portion of the Agreement Price carried through the date of termination, together with any retainage withheld, if any, and any actual costs reasonably incurred by Contractor that are directly attributable to the tennination, but Contractor shall not be entitled to any other CONSTRUCTION .AGREEMENT PAGE 13 OF 19 or further recovery against District, including, but not limited to, anticipated fees or profits on work not performed. ARTICLE TEN PERFORMANCE AND PAYMENT BOND 10.1 Contractor shall furnish a performance and payment bond to District. The bond shall set forth a penal sum in an amount not less than the Agreement Price. The bond furnished by Contractor shall incorporate by reference the terms of this Agreement as fiully as though they were set forth verbatim in such bonds and shall specifically reference Section 1.11 of this Agreement. In the event the Agreement Price is adjusted by a change order executed by the parties, the penal sum of both the bond shall be deemed increased by like amount. The bond furnished by Contractor shall be in form suitable to District and shall be executed by a surety, or sureties, reasonably acceptable to District. ARTICLE ELEVEN CONFLICT OF INTEREST 11.1 Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. ARTICLE TWELVE MODIFICATION 12.1 No modification or change in this Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. ARTICLE THIRTEEN NOTICES AND ADDRESS OF RECORD 13.1 All notices required or made pursuant to this Agreement to be given by Contractor to District shall be in writing and shall sent by overnight courier, hand delivery or be delivered by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following address: Heritage Bay Community Development District c/o District Manager Infiamark, LLC 5911 Country Lakes Drive Ft. Myers, FL 33905 13.2. All notices required or made pursuant to this Agreement to be given by District to Contractor shall sent by commercial next -business day delivery (such as FedEx or UPS), hand delivery or delivered by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following address: CONSTRUCTION AGREEMENT PAGE 14 of 19 Quality Enterprises USA, Inc. 3494 Shearwater Street Naples, FL 34117-8414 13.3 Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE, FOURTEEN APPLICABLE LAW 14.1 Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida; and by the laws, rules and regulations of the United States when providing services funded by the United States government. Any suit or action brought by either party to this Agreement t_ t.,... re"n— to out ^1 this Agreement must he brought axclusiye]v ill the agairtSt tilt l)ttict paiLy reiaiiiis LV ^vi ariii ng g. to , appropriate Florida state court in Collier County, Florida, and in no other venue or fonun. (Remainder of Page Intentionally Left Blank. Signatures begin on Next Page.) CONSTRUCTION AGREEMENT PAGE 15 or 19 IN WITNESS WHEREOF, the parties hereto have executed this Construction Agreement as of the day and year first written above. DISTRICT: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Name: Title: Contractor: QUALITY ENTERPRISES USA, INC. a Virginia corporation By: Name: Title: CONSTRUCTION AGREEMENT PAGE 16 of 19 EXHIBIT "A" Contractor's Bid Proposal CONSTRUC`I IDN AGREEMENT PAGE 17 Gr 19 EXHIBIT "B" Project Nlanual[GU81 CONSTRUCTION AGREEMENT PAGE 18 or 19 EXHIBIT "C" Civil Construction Plans CONSTRUCTION AGREEMENT PAGE 19 OF19 INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Memorandum July 9, 2018 To: Heritage Board of Supervisors From: Bob Koncar — General Manager RE: Requested Fee Increase Analysis Introduction: Board members, based upon the input from the last Board meeting, we are revising our proposal for our requested fee increase. Our overall goal is to establish a long-term relationship with the Heritage Bay Community Development District. Recommendation: 1. Consider the revised fee schedule below. Services Current Fees FY 2019 Proposed FY 2020 Average Increase Proposed Average Increase District Management $41,793 $44,972 $46,270 Services Assessments $5,464 $ 6,200 $ 6,600 Field Services $11,535 $12,688 $12,830 Website $773 $ 1,000 $ 1,100 Administration Total $59565 $64,860 $66,800 • The District Management Fee will cover seven Board meetings a year, for additional Board meetings (beyond the seven) there be a charge $750 per meeting. Increased Work Load: Inframark maintains a time sheeting program for all our employees through which we identify the number of hours each individual works on each District monthly. We are thus able to identify a specific cost of providing service to each of our clients by employee and by Department (within which they work). The Departments providing service to Heritage Bay include the Financial Department, Recording Department, District Management Team, Field Team and Administrative Support. The analysis of the work effort provided to Heritage Bay from May 2017 through April 2018 shows that we have significantly increased our work effort for the District during the review period. Most particularly since January of this year (2018). The analysis has been displayed on the graphic that is attached to this memo. The analysis reveals the following: • Average hours worked per month from February through April increased to over 121 hours monthly as compared to 77 hours per month from May 2017 through January 2018. • Average hours worked per month from February 2018 through April 2018 increased by 55%. • ed into a cost of service analysis and when This hourly analysis has been translat compared to the revenue received from the District we are currently losing money. In summary, we very much want to continue our relationship with the Heritage Bay Community Development District and are respectfully requesting your consideration of our fee increase. riffle= WNTIF-ill Modified Tentative Budget (Version I - 6/29/18) Prepared by: b4P ()I,NFRAMARK ,?,'f PA "x ;r k U C Y U 91+'. V- A N A14', F,%! ltd i' � k: FVV :'€'I Community Development District Budget Overview Fiscal Year 2019 HERITAGE BAY Community Development District Table of Contents OPERATING BUDGET General Fund Page # Summary of Revenues, Expenditures and Changes in Fund Balance ................................... 1 - 2 Exhibit A - Allocation of Fund Balances............................................................................ 3 Budget Narrative DEBT SERVICE BUDGET Series 2018 Summary of Revenues, Expenditures and Changes in Fund Balances ............... Amortization Schedule.............................................................................. Budget Narrative SUPPORTING BUDGET SCHEDULES 2018-2019 Non -Ad Valorem Assessment Summary 4-7 8-9 .................... 10 .................... 11 12 HERITAGE BAY Community Development District Operating Budget Fiscal Year 2019 HERITAGE BAY Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2019 Modified Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU JUN- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 MAY -2018 SEP -2018 FY 2018 FY 2019 REVENUES 12,000 12,000 2,000 14,000 12,000 612 Interest - Investments 1479 $ 400 $ 1,974 $ 225 $ 2,199 $ 400 Interest - Tax Collector - - 18 - 18 - SpecialAssmnts- TaxCollector 250,000 355,190 352,760 2,430 355,190 355,190 Special Assmnts- Lakes 30A & 308 - 60,923 60,506 417 60,923 60,923 Special Assmnts- Reserves 31,250 31,250 31,036 214 31,250 31,250 Special Assmnts- Discounts (12,604) (17,895) (16,582) - (16,582) (17,895) TOTAL REVENUES 384,098 4295868 429,712 3,286 432,998 429,868 EXPENDITURES Administrative P/R-Board of Supervisors FICA Taxes ProfServ-Dissemination Agent ProfServ-Engineering ProfSery-Legal Services ProfSery-Mgmt Consulting Sery ProfSery-Property Appraiser ProfSery-Special Assessment ProfSery-Web Site Maintenance Auditing Services Postage and Freight Insurance - General Liability Printing and Binding Legal Advertising Misc-Bank Charges Misc-Assessmnt Collection Cost Misc-Web Hosting Office Supplies Annual District Filing Fee Totai Administrative 8,000 12,000 12,000 2,000 14,000 12,000 612 918 918 153 1,071 918 - - - - - 1,500 42,494 14,000 71,701 12,000 83,701 14,000 20,844 7,500 28,609 57,218 85,827 10,000 37,195 41,793 27,862 27,862 55,724 46,500 - 6,710 5,156 - 5,156 6,710 5,305 5,464 5,464 - 5,464 6,502 1,505 773 515 258 773 1,000 3,823 3,823 - 3,823 3,823 3,914 1,731 2,500 2,635 65 2,700 2,500 12,040 13,244 15,389 - 15,389 15,389 1,450 1,300 5,122 433 5,555 1,339 1,989 3,700 4,547 2,901 7,448 3,700 - 100 1 25 26 100 4,428 8,947 8,554 53 8,607 8,947 - 900 - 900 900 900 - 100 - 50 50 100 175 175 175 - 175 175 141,591 123,947 188,648 107,741 296,389 136,196 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 1 HERITAGE BAY Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2019 Modified Tentative Budget ACCOUNT DESCRIPTION ACTUAL FY 2017 ADOPTED BUDGET FY 2018 ACTUAL THRU MAY -2018 PROJECTED JUN- SEP -2018 TOTAL PROJECTED FY 2018 ANNUAL BUDGET FY 2019 Field 63,947 71,200 48,000 23,200 71,200 71,200 ProfSery-Field Management 12,731 11,536 7,691 3,183 10,874 13,726 R&M -Contingency - 1,187 - 594 594 594 Wall Improvements - - - - - - Capital Outlay 44,550 - - - - - Total Field 57,281 12,723 7,691 3,776 11,467 14,320 Lakes and Ponds Contracts -Lake and Wetland 63,947 71,200 48,000 23,200 71,200 71,200 Contracts -Lakes 30A & 30B 12,000 12,000 8,000 6,000 14,000 12,000 Contracts -Sediment Testing - - - - - 6,675 Contracts -Water Analysis - 9,861 - - 9,861 9,861 Contracts -Water Quality Monitoring 33,807 45,992 22,996 22,996 45,992 27,700 R&M-Aquascaping 1,950 5,000 - 2,200 2,200 8,500 R&M - Stormwater System - 4,000 - - - 4,000 R&M -Lake Erosion 3,000 24,455 22,725 5,000 27,725 84,713 R&M -Contingency 4,175 10,062 - 2,088 2,088 5,000 Improvement -Lake Bank Restoration - 1,813,041 - - - Reserve - Lakes 31,250 31,250 Reserve - Stormwater System - 18,455 - - - 18,455 Total Lakes and Ponds 118,879 2,045,316 101,721 61,484 173,066 279,354 Debt Service Operating Loan Repayment 167,354 30,660 13,141 - 13,141 - Interest Expense -Note 5,631 30,263 1,554 1,554 Total Debt Service 172,985 60,923 14,695 - 14,695 - TOTAL EXPENDITURES 490,736 2,242,909 312,755 173,000 495,616 429,868 Excess (deficiency) of revenues Over (under) expenditures (106,638) (1,813,041) 116,957 (169,714) (62,618) - OTHER FINANCING SOURCES (USES) Loan/Note Proceeds 1,813,041 Contribution to (Use of) Fund Balance - TOTAL OTHER SOURCES USES - 1,813,041 - - - Net change in fund balance (106,638) - 116,957 (169,714) (62,618) - FUND BALANCE, BEGINNING $ 395,948 289,310 289,310 289,310 226,692 FUND BALANCE, ENDING $ 289,310 $ 289,310 $ 406,267 $ (169,714) $ 226,692 $ 226,692 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 2 HERITAGE BAY Community Development District Exhibit "A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance - Fiscal Year 2019 $ 226,692 Net Change in Fund Balance - Fiscal Year 2019 Reserves - Fiscal Year 2019 Additions 49,705 Total Funds Available (Estimated) - 9/3012019 276,397 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve - First Quarter Operating Capital 95,050 (�) Reserves - Erosion Control (Prior years) 14,687 Reserves - Lakes (Prior Years) 62,500 Reserves - Lakes (FYI 8) 31,250 Reserves - Lakes (FYI 9) 31,250 125,000 Reserves - Stormwater System (FY18) 18,455 Reserves - Stormwater System (FY19) 18,455 36,910 Reserves - Loan (Prior years) 4,750 4,750 Subtotal 276,397 Total Allocation of Available Funds 276,397 Total Unassigned (undesignated) Cash $ (0) Notes (1) Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2019 Page 3 HERITAGE BAY Community Development District Budget Narrative Fiscal Year 2019 Genera! Fund 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 PIR -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. 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. 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. Annual Operating and Debt Service Budget Fiscal Year 2019 Page 4 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2019 EXPENDITURES Administrative (continued) 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 -Web Site Maintenance The cost of web hosting and regular maintenance of the District's website by Inframark Infrastructure Management Services. 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. 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 the cost of owning the Heritage Bay CDD web domain. Annual Operating and Debt Service Budget Fiscal Year 2019 Page 5 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2019 EXPENDITURES (continued) Administrative (continued) 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. Items include but are not limited to: irrigation systems, ponds, wetlands, preserves, roads, street signs, sidewalks and drainage systems. 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 -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. 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. 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 District's stormwater system that are not covered in the contract. R&M -Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. Annual Operating and Debt Service Budget Fiscal Year 2019 Page 6 HERITAGE BAY Community Development District Budget Narrative Fiscal Year 2019 Genera! Fund 1€XP€NDITUR€S (continued/ Lakes & Ponds (continued) R&M -Contingency All other lake expenses that do not fall into the categories described above 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. Annual Operating and Debt Service Budget Fiscal Year 2019 Page 7 HERITAGE BAY Community Development District Debt Service Budgm I Fiscal Year 2019 HERITAGE BAY Community Development District Series 2014 Debt Service Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2019 Modified Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU JUN- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 MAY -2018 SEP -2018 FY 2018 FY 2019 REVENUES Interest - Investments $ 3,569 - $ 6,209 - $ 6,209 Special Assmnts- Tax Collector 1,308,564 1,308,564 1,299,608 8,956 1,308,564 Special Assmnts- Discounts (47,981) (52,343) (48,503) - (48,503) TOTAL REVENUES 1,264,152 1,256,221 1,257,314 8,956 1,266,270 EXPENDITURES Administrative ProfServ-Arbitrage Rebate 600 600 600 ProfServ-Property Appraiser - 19,628 19,629 19,629 ProfServ-Trustee Fees 832 5,157 3,327 - 3,327 Misc-Assessmnt Collection Cost 16,954 26,171 25,022 179 25,201 Total Administrative 17,786 51,556 48,578 179 48,757 Non -Operating DS Costs -Miscellaneous - - 16,732,582 - 16,732,582 Total Construction In Progress - 16,732,582 16,732,582 Debt Service Principal Debt Retirement 565,000 585,000 - - Interest Expense 633,650 612,180 306,090 306,090 Total Debt Service 1,198,650 1,197,180 306,090 - 306,090 TOTAL EXPENDITURES 1,216,436 1,248,736 17,087,250 179 17,087,429 Excess (deficiency) of revenues Over (under) expenditures 47,716 7,485 (15,829,936) 8,777 (15,821,159) OTHER FINANCING SOURCES (USES) Proceeds of Refunding Bonds 15,047,522 15,047,522 Operating Transfers -Out - (251,479) (251,479) Contribution to (Use of) Fund Balance 7,485 - - TOTAL OTHER SOURCES USES 7,485 14,796,043 14,796,043 Net change in fund balance FUND BALANCE, BEGINNING FUND BALANCE, ENDING 47,716 7,485 (1,033,893) 8,777 (1,025,116) 1,088,855 1,136,571 1,136,571 1,136, 571 111,455 $ 1,136,571 $ 1,144,056 $ 102,678 $ 8,777 $ 111,455 $ 111,455 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 8 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2019 Modified Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU JUN- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 MAY -2018 SEP -2018 FY 2018 FY 2019 REVENUES Interest - Investments 1,946 1,946 S - Special Assmnts- Tax Collector - - 1,689,155 Special Assmnts- Discounts - - (67,566) TOTAL REVENUES 1,946 1,946 1,621,589 EXPENDITURES 4,207,700 4,207,700 (30,593) Administrative - - 4,207,700 ProfServ-Arbitrage Rebate - - 600 ProfServ-Property Appraiser 25,337 ProfServ-Trustee Fees 5,157 Misc-Assessmnt Collection Cost 33,783 Total Administrative 64,877 Debt Service Principal Debt Retirement 990,000 Interest Expense - - 597,305 Cost of Issuance 167,460 167,460 - Total Debt Service 167,460 167,460 1,587,305 TOTAL EXPENDITURES 167,460 167,460 1,652,183 Excess (deficiency) of revenues Over(under)expenditures (165,514) (165,514) (30,593) OTHER FINANCING SOURCES (USES) Proceeds of Refunding Bonds 4,121,735 4,121,735 Operating Transfers - In 251,479 251,479 Contribution to (Use of) Fund Balance - - (30,593) TOTAL OTHER SOURCES USES 4,373,214 4,373,214 30,593 Net change in fund balance 4,207,700 4,207,700 (30,593) FUND BALANCE, BEGINNING - - 4,207,700 FUND BALANCE, ENDING $ $ $ 4,207,700 $ $ 4,207,700 $ 4,177,107 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 9 HERITAGE BAY Community Development District Amortization Schedule 2018 Refundine of Series 2O18A-1 and A-2 Special Assessment Refunding Bonds Year Principal Special calls Interest Principal Balance FY Total DS 11/1/2018 $ 309,061 $ 309,061 $ 309,061 5/1/2019 $ 990,000 2.00% $ 288,244 $ 1,278,244 11/1/2019 $ 278,344 $ 278,344 $ 1,556,588 5/1/2020 $ 1,005,000 2.13% $ 278,344 $ 1,283,344 11/1/2020 $ 267,666 $ 267,666 $ 1,551,009 5/1/2021 $ 1,030,000 2.25% $ 267,666 $ 1,297,666 11/1/2021 5/1/2022 $ 1,055,000 2.50% $ $ 256,078 256,078 $ $ 256,078 1,311,078 $ 1,553,744 11/1/2022 $ 242,891 $ 242,891 $ 1,553,969 5/1/2023 $ 1,090,000 2.63% $ 242,891 $ 1,332,891 11/1/2023 $ 228,584 $ 228,584 $ 1,561,475 5/1/2024 $ 1,120,000 2.63% $ 228,584 $ 1,348,584 11/1/2024 $ 213,884 $ 213,884 $ 1,562,469 5/1/2025 $ 1,150,000 2.75% $ 213,884 $ 1,363,884 11/1/2025 $ 198,072 $ 198,072 $ 1,561,956 5/1/2026 $ 1,180,000 3.00% $ 198,072 $ 1,378,072 11/1/2026 $ 180,372 $ 180,372 $ 1,558,444 5/1/2027 $ 11220,000 3.00% $ 180,372 $ 1,400,372 11/1/2027 $ 162,072 $ 162,072 $ 1,562,444 5/1/2028 $ 1,255,000 3.00% $ 162,072 $ 1,417,072 11/1/2028 $ 143,247 $ 143,247 $ 1,560,319 5/1/2029 $ 1,295,000 3.00% $ 143,247 $ 1,438,247 11/1/2029 $ 123,822 $ 123,822 $ 1,562,069 5/1/2030 $ 965,000 3.13% $ 123,822 $ 1,088,822 11/1/2030 $ 108,744 $ 108,744 $ 1,197,566 5/1/2031 $ 1,000,000 3.25% $ 108,744 $ 1,108,744 11/1/2031 $ 92,494 $ 92,494 $ 1,201,238 5/1/2032 $ 1,030,000 3.25% $ 92,494 $ 1,122,494 11/1/2032 $ 75,756 $ 75,756 $ 1,198,250 5/1/2033 $ 1,065,000 3.25% $ 75,756 $ 1,140,756 11/1/2033 $ 58,450 $ 58,450 $ 1,199,206 5/1/2034 $ 1,100,000 3.38% $ 58,450 $ 1,158,450 11/1/2034 $ 39,888 $ 39,888 $ 1,198,338 5/1/2035 $ 1,140,000 3.38% $ 39,888 $ 1,179,888 11/1/2035 $ 20,650 $ 20,650 $ 1,200,538 5/1/2036 $ 11180,000 1 3.50% $ 20,650 $ 1,200,650 11/1/20361 1 $ 1,200,650 $ 19,870,000 1 $ 5,979,330 $ 25,849,330 $ 25,849,330 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 10 HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2019 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 -Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds. 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. Professional Services -Trustee 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. 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. Annual Operating and Debt Service Budget Fiscal Year 2019 Page 11 HERITAGE BAY Community Development District Fiscal 1 ` HERITAGE BAY Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2019 vs. Fiscal Year 2018 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 12 General Fund Series 2018 Debt Service Total Assessments per Unit Units FY 2019 FY 2018 Percent FY 2019 FY 2018 Percent Change FY 2019 FY 2018 Percent Change ProductChange Executive 1, $357.89 $357.89 0% $1,928.85 $1,494.25 29% $2,286.74 $1,852.14 23% 139 Classics $357.89 $357.89 0% $3,05009 $2,362.85 29% $3,407.98 $2,720.74 25% 95 Classics 11 $357.89 $357.89 0% a $3,294.57 $2,552.25 29% $3,652.46 $2,910.14 26% 18 Coach $357.89 $357.89 0% $1,361.54 $1,054.76 29% $1,719.43 $1,412.65 22% 184 2 Story $357.89 $357.89 0% $1,134.62 $878.97 29% M 4 $1,492.51 $1,236.86 21% 364 4 Story $357.89 $35739 0% $907,69 $703.18 29% $1,265.58 $1,061.07 19% i 450 1250 Annual Operating and Debt Service Budget Fiscal Year 2019 Page 12 STORMWATER MANAGEMENT RULES AND POLICIES FOR HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Section 1. Short Title, Authority and Applicability a. This document shall be known and may be cited as the "Stormwater Management Rules and Policies for Heritage Bay Community Development District". b. The Board of Supervisors (the "Board") of Heritage Bay Community Development District (the "District") has the authority to adopt rules and policies pursuant to Chapter 190 of the Florida Statutes, as amended. C. These rules and policies shall be applicable to all those property owners, community and condominium associations, persons or entities who are served by, or are utilizing, the master stormwater management system operated by the District. d. It is intended that these Rules will be administered in conjunction with the Guidelines for Gutter Replacement and/or the Addition of Dry Wells published and enforced by the Architectural Review Committee of the Heritage Bay Golf & Country Club, Inc. effective May 12, 2016, as may be amended from time to time ("HB ARC Guidelines"). Section 2. Background, Intent, Findings and Purpose a. The District was created pursuant to the provisions of Chapter 190, Florida Statutes (the "Act") and was established to provide for ownership, operation, maintenance, and provision of various public improvements, facilities and services within its jurisdiction. The purpose of these rules and policies (individually, each a "Rule" and collectively, the "Rules") is to describe the various policies of the District relating to stormwater management. b. Definitions located within any section of the Rules shall be applicable within all other sections, unless specifically stated to the contrary. C. A Rule of the District shall be effective upon adoption by affirmative vote of the Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding, the District may immediately suspend the application of a Rule if the District determines that the Rule conflicts with Florida law. In the event that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended. d. The District is the operating entity responsible for the long-term operation and maintenance of the master stormwater management system servicing the property located within the boundaries of the District (the "Master Stormwater System"). The District owns certain real property and other improvements which comprise the Master Stormwater System. Stormwater lakes, ponds, control structures, lake interconnect piping, littoral plantings and natural wetlands are all integral parts of the Master Stormwater System. The owners and residents of real property within the District play an integral part in keeping the Master Stormwater System functioning properly. The failure of all or a portion of the Master Stormwater System due to improper actions of third -parties could result in significant damage or harm to real property, personal property and/or homes with the District. e. The Master Stormwater System is permitted through South Florida Water Management District ("SFWMD") and Collier County, and the regulations of such governmental bodies control the design, operation and use of the Master Stormwater System. Notwithstanding the same, consistent with the regulations of such entities there are certain practices and actions that can be controlled to enhance the effectiveness of the Master Stormwater System and improve the overall function and aesthetic value of the Master Stormwater System. f. Runoff from normal rain events, tropical storms and hurricanes originating from impervious surfaces such as roofs, gutters and downspouts, may cause significant lake bank erosion and washouts throughout the District and may otherwise affect the proper operation of the Master Stormwater System. Based upon prior experiences of the District, undertaking corrective action for such events may result in the District expending significant sums of money to restore the Master Stormwater System (including lake banks) to maintain compliance with applicable permits and ensure public safety. These Rules are intended to establish rules and policies relating to the following: (i) the installation and use of gutters and downspouts which are discharging via overland flow or directly into the District's lakes and wetlands and (ii) the installation and use of dry wells, for the preservation of property and the proper functioning of the Master Stormwater System. These Rules will serve three goals: (1) reducing and/or spreading out the volume of water flowing from an owner's property toward the lakes and wetlands within the District; (2) reducing the velocity of water flowing from an owner's property toward the lakes and wetlands; and (3) maintaining compliance with applicable SFWMD and Collier County permits and regulations. Section 3. Gutters and Downspouts a. Installation or Modification of Gutters or Downspouts Generally. i. Drainage patterns for each property within the District shall be consistent with the approved SFWMD permit for the subject property. In the event the drainage pattern, direction or outfall from a particular property is proposed to be altered or is currently inconsistent with the approved SFWMD permit and all appurtenant permit modifications, then a modification to the applicable SFWMD permit would be required. All permitted cross sections and grade elevations shall be maintained per the SFWMD permit unless and until a modification is approved. ii. The installation or modification of gutters or downspouts on a home, condominium building or other structure (a "Structure") within the District shall be subject to the rules set forth herein and also subject to the HB ARC Guidelines. Gutters and downspouts may not be directly connected to the water quality treatment lakes within the District without an 2 approved modification to the applicable SFWMD permit. Any owner requesting to install or modify gutters or downspouts (the "Requesting Party") on a Structure located on property that is adjacent to a lake must follow the procedures and rules set forth herein and shall be responsible for the applicable fees and costs set forth herein. In such a case, the plan for the gutters or downspouts must first be approved by the District to allow for piping of the discharge directly into the adjacent lake in the manner set forth herein. iii. In order to prevent erosion and washouts, all gutters and downspouts on property that is adjacent to a lake shall be designed such that all water runoff will be collected and routed by a method approved by the District consistent with applicable permitting (collectively, the "Outfall Improvements"). Attached hereto and made a part hereof as Exhibit "A" are example concepts showing various methods within Heritage Bay of collecting stormwater runoff and illustrating the intrusion of the Outfall Improvements into the adjacent lake to discharge the stormwater. As reflected in each of the attached examples, all outfalls from the Outfall Improvements into the lake shall be installed below the control elevation of the lake. All drainage design plans for Outfall Improvements are to be consistent and compliant with existing permits, rules and regulations. As the District is the owner of the adjacent lake property, no intrusion of Outfall Improvements into a lake shall be permitted without the prior review and approval of the District. Further, each example of Outfall Improvements has a defined connection point (the "Connection Point") to delineate the separation of maintenance responsibility of the District and the owner. The District will be responsible for maintenance of improvements below the Connection Point and the owner will be responsible for maintenance of improvements above the Connection Point. b. Homes and Buildings with Existing and Approved Gutters and Downspouts (Existing Installations). i. Existing Outfall Improvements. If a Structure has existing gutters and downspouts and if Outfall Improvements have already been permitted and installed adjacent to the Requesting Party's property, the Requesting Party shall submit a request to the HB ARC and the District to connect to such existing Outfall Improvements. The District will review whether any additional permitting through SFWMD and/or Collier County is required for the Requesting Party's connection. If additional permitting is required, then the Requesting Party shall be solely responsible for the cost and expense of any additional planning, design, engineering and permitting required for the connection. All permitting shall be done through the District. If no additional permitting is required, the District will review the request and advise the Requesting Party on the manner in which the connection must be made. The Requesting Party shall be solely responsible for all costs and expenses relating to the connection to the Outfall Improvements. The connection work can either be done through the District or a contractor approved by this District for such work. All work shall be performed and completed consistent with applicable permits and approvals. If the work is to be done by the District, the Requesting Party must provide such written authorization required by the District in order for the District to enter upon the Requesting Party's property to perform the work and such documentation required by the District to reflect the Requesting Party's agreement that the Requesting Party will be responsible for all related installation costs. If the work is to be performed by the Requesting Party, all work, once completed, will be inspected by the District to ensure that it meets all District installation and functionality requirements. Once the connection is made, the District will only be responsible for maintenance of improvements below the Connection Point and the Requesting Party (or the Requesting Party's successor in title) will be responsible for maintenance of improvements above the Connection Point. The Requesting Party is advised that routine maintenance is necessary and required to prevent clogging of the drain lines, which could potentially result in a back-up of water and damage to the Requesting Party's property or the Structure on the property. The District shall not be responsible for any damage caused by any lack of maintenance including, without limitation, damage caused by back-ups or clogs in such lines. ii. No Existing Outfall Improvements (Request By Owner to Connect). If a Structure has existing gutters and downspouts and if Outfall Improvements have not already been permitted and installed adjacent to the Requesting Party's property, the Requesting Party shall submit a request the HB ARC and the District for installation of, and connection to, Outfall Improvements. The District will review whether any additional permitting through SFWMD and/or Collier County is required for such installation of, and connection to, Outfall Improvements. If additional permitting is required, then the Requesting Party shall be solely responsible for the cost and expense of any additional planning, design, engineering and permitting required for the installation and connection. All permitting shall be done through the District. The District will review the request and advise the Requesting Party on the manner in which the installation and connection must be made. The Requesting Party shall be solely responsible for all costs and expenses relating to the installation of, and connection to, the Outfall Improvements. The installation and connection work can either be done through the District or a contractor approved by this District for such work. All work shall be performed and completed consistent with applicable permits and approvals. If the work is to be done by the District, the Requesting Party must provide such written authorization required by the District in order for the District to enter upon the Requesting Party's property to perform the work and such documentation required by the District to reflect the Requesting Party's agreement that the Requesting Party will be responsible for all related installation costs. If the work is to be performed by the Requesting Party, all work, once completed, will be inspected by the District to ensure that it meets all District installation and functionality requirements. Once the installation and connection is made, the District will only be responsible for maintenance of improvements below the Connection Point and the Requesting Party (or the Requesting Party's successor in title) will be responsible for maintenance of improvements above the Connection Point. The Requesting Party is advised that routine maintenance is necessary and required to prevent clogging of the drain lines, which could potentially result in a back-up of water and damage to the Requesting Party's property or the Structure on the property. The District shall not be responsible for any damage caused by any lack of maintenance including, without limitation, damage caused by back-ups or clogs in such lines. iii. No Existing Outfall Improvements (Gutters/Downspouts Causing Damage to Lake Banks). The District performs ongoing and periodic inspections of the lakes within Heritage Bay. If a Structure on a property has existing gutters and downspouts and if Outfall Improvements have not already been permitted and installed adjacent to such property, and the District determines that water runoff from the Structure is causing damage to the lake banks, the owner of such property will be responsible for repairing such damage to the District's property, including lake banks. Notwithstanding the same, the District may, at the District's option, initiate remedial action to install Outfall Improvements in compliance with these Rules as well as take M action to repair the damaged District property, including lake banks. In such a case, the District will review whether any additional permitting through SFWMD and/or Collier County is required for such installation of, and connection to, Outfall Improvements. If additional permitting is required, then the District will undertake any additional planning, design, engineering and permitting required for the installation and connection. The District will construct and install the Outfall Improvements and seek authorization from the owner to make the connection to the Outfall Improvements. Once the installation and connection is made, the District will only be responsible for maintenance of improvements below the Connection Point and the owner (or the owner's successor in title) will be responsible for maintenance of improvements above the Connection Point. The owner is advised that routine maintenance is necessary and required to prevent clogging of the drain lines, which could potentially result in a back-up of water and damage to the owner's property or the Structure on the property. The District shall not be responsible for any damage caused by any lack of maintenance including, without limitation, damage caused by back-ups or clogs in such lines. C. Homes and Buildings without Existingand nd Approved Gutters and Downspouts (New Installations). i. Existing Outfall Improvements. If a Structure does not have existing gutters and downspouts and if Outfall Improvements have already been permitted and installed adjacent to the Requesting Party's property, the Requesting Parry shall submit a request the HB ARC and the District to install gutters and downspouts and to connect to such existing Outfall Improvements. The District will review whether any additional permitting through SFWMD and/or Collier County is required for the Requesting Party's connection. If additional permitting is required, then the Requesting Party shall be solely responsible for the cost and expense of any additional planning, design, engineering and permitting required for the connection. All permitting shall be done through the District. If no additional permitting is required, the District will review the request and advise the Requesting Party on the manner in which the connection must be made. The Requesting Party shall be solely responsible for all costs and expenses relating to the connection to the Outfall Improvements. The connection work can either be done through the District or a contractor approved by this District for such work. All work shall be performed and completed consistent with applicable permits and approvals. If the work is to be done by the District, the Requesting Party must provide such written authorization required by the District in order for the District to enter upon the Requesting Party's property to perform the work and such documentation required by the District to reflect the Requesting Party's agreement that the Requesting Party will be responsible for all related installation costs. If the work is to be performed by the Requesting Party, all work, once completed, will be inspected by the District to ensure that it meets all District installation and functionality requirements. Once the connection is made, the District will only be responsible for maintenance of improvements below the Connection Point and the Requesting Party (or the Requesting Party's successor in title) will be responsible for maintenance of improvements above the Connection Point. The Requesting Party is advised that routine maintenance is necessary and required to prevent clogging of the drain lines, which could potentially result in a back-up of water and damage to the Requesting Party's property or the Structure on the property. The District shall not be responsible for any damage caused by any lack of maintenance including, without limitation, damage caused by back-ups or clogs in such lines. 5 ii. No Existing Outfall Improvements. If a Structure does not have existing gutters and downspouts and if Outfall Improvements have not already been permitted and installed adjacent to the Requesting Party's property, the Requesting Party shall submit a request the HB ARC and the District for installation of gutters and downspouts and for the installation of, and connection to, Outfall Improvements, if the District feels that Outfall Improvements are necessary to protect the lake banks from any damage due to this new installation. The District will review whether any additional permitting through SFWMD and/or Collier County is required for such installation of, and connection to, Outfall Improvements. If additional permitting is required, then the Requesting Party shall be solely responsible for the cost and expense of any additional planning, design, engineering and permitting required for the installation and connection. All permitting shall be done through the District. The District will review the request and advise the Requesting Party on the manner in which the installation and connection must be made. The Requesting Party shall be solely responsible for all costs and expenses relating to the installation of, and connection to, the Outfall Improvements. The installation and connection work can either be done through the District or a contractor approved by this District for such work. All work shall be performed and completed consistent with applicable permits and approvals. If the work is to be done by the District, the Requesting Party must provide such written authorization required by the District in order for the District to enter upon the Requesting Party's property to perform the work and such documentation required by the District to reflect the Requesting Party's agreement that the Requesting Party will be responsible for all related installation costs. If the work is to be performed by the Requesting Party, all work, once completed, will be inspected by the District to ensure that it meets all District installation and functionality requirements. Once the installation and connection is made, the District will only be responsible for maintenance of improvements below the Connection Point and the Requesting Party (or the Requesting Party's successor in title) will be responsible for maintenance of improvements above the Connection Point. The Requesting Party is advised that routine maintenance is necessary and required to prevent clogging of the drain lines, which could potentially result in a back-up of water and damage to the Requesting Party's property or the Structure on the property. The District shall not be responsible for any damage caused by any lack of maintenance including, without limitation, damage caused by back-ups or clogs in such lines. iii. Existing Structure without Gutters and Downspouts Causing Damage to Lake Banks. The District performs ongoing and periodic inspections of the lakes within Heritage Bay. If a Structure on a property does not have existing gutters and downspouts, and the District determines that water runoff from the Structure is causing damage to the lake banks, the owner of such property will be responsible for repairing such damage to the District's property, including lake banks. If Outfall Improvements have already been permitted and installed adjacent to such property, the District will encourage the owner to pursue the installation of gutters and downspouts pursuant to subsection 3.c.i., above. If Outfall Improvements have not already been permitted and installed adjacent to such property, the District will encourage the owner to pursue the installation of gutters and downspouts and Outfall Improvements pursuant to subsection 3.c.ii., above. Section 4. Dry Wells a. The installation, use, maintenance and operation of a dry well within Heritage Bay shall be consistent with applicable permits issued by SFWMD and Collier County for the Master rol Stormwater System. Further, a dry well may not be installed, used, maintained or operated such that it has, or will have in the determination of the District, an adverse impact on the Master Stormwater System. No dry well shall be installed or operated on property owned by the District. b. The installation of any dry well within Heritage Bay shall be subject to review by the District to verify the following: (i) the installation and use of the dry well is consistent with applicable permits issued by SFWMD and Collier County for the Master Stormwater System and (ii) the installation and use of the dry well will not have an adverse effect on the Master Stormwater System. All dry well requests must adhere to the HB ARC guidelines along with receiving approval from the District prior to any construction occurring. C. If it is determined that there is good cause to install a dry well and if, in the determination of the District, the installation of such dry well will potentially cause damage to the lake bank or lake, the District can require the owner making the request, at the owner's expense, to install piping from the dry well into the lake as to allow for piping of the discharge directly into the adjacent lake in a manner consistent with those methods shown on Exhibit "A" for Outfall Improvements. The District, once the work is completed by the owner, will inspect the improvements and installations to ensure the installation meets all SFWMD and Collier County requirements. Section 5. Compliance with Laws All property owners, community and condominium associations, persons or entities who are served by, or are utilizing, the Master Stormwater System shall, in addition to these Rules, be obligated to comply with all applicable federal, state, and local laws and regulations including, without limitation, all permits issued by SFWMD for the operation and use of the Master Stormwater System. Section 6. Enforcement The District shall have any and all rights available under the Act and Florida law to enforce the provisions of these Rules. The District's staff including, without limitation, the District Manager shall have the authority to act on behalf of the District with respect to the enforcement of these Rules including, without limitation, taking any actions necessary to the enforcement and/or prosecution of violations of these Rules consistent with Florida law. In addition to, and not as a limitation on the District, the District shall have the right to notify SFWMD, Collier County or any other appropriate regulatory body of a violation of these Rules or any existing permits issued by any such regulatory body. Section 7. Effective Date These Rules shall be effective upon their adoption. VA Exhibit "A" Example Outfall Improvements .% }O . ° ¥ §%a 0 §( \k\ \( 7 j�\ , ®| 0.§ �® �| § 2 k §j | � � | i e ! . \ / _- , � �/ � (/ E / � � � LU /} | \t§ 1| � §!2 \z W:_ \ �/\ �� w� Z °| w| /t !§ � � i LU = J \ M /�(\) //(( ■ e _ !■k LL 0 e[ \ \\\ (\(( ® �7. | zw �, — !;5 § z � //2 U) ;! !!Z! I_ J I co 014 dg lli�j\� Q Z Z', w LL QLu [ §z co ' \ d §�� z)/ k e|! Q _ ®§! / /!©]|| co | m 2¥)\ 2!!° \ J \ )&§ �r Q Z §( U. 0 :( `_00 Z, zm { �| �� J « _0, MW ,� \ [ I �Z, §2D )/ ® ¥/\ Z_ � - $ | �\10 Subject: FW: Heritage Bay CDD - Agenda Item - ADA Website Compliance From: Greg Urbancic [mailto:gurbancic@cyklawfirm.com] Sent: Wednesday, June 27, 2018 9:01 AM To: Faircloth, Justin<Justin.Faircloth@inframarl<.com> Subject: RE: Websites Justin- Thanks for the update. I had one district in Collier receive a lawsuit alleging its website was not compliant with the ADA. I suspect the wave is coming. The one bulletin I had received on this proposed a notation be put on the home page of the website ASAP if we have not yet been served with a lawsuit. We might want to do that. I don't know whether it will ultimately help, but I suppose it cannot hurt. I imagine you guys are dealing with this on a large scale. For those entities who have not yet been sued, or for those already in suit who have archived their original version of the website, we recommend that the public entity expeditiously retain the services of a qualified I.T. technician or website designer who is familiar with WCAG 2.0, Level AA standards to evaluate the entities website and determine if it is accessible by disabled individuals. If the website is not currently accessible, or deemed to not be accessible through evaluation by a I.T. professional, we recommend that the entity post as soon as possible a notice of the home page of the entity's website, which is fully accessible by all screen -readers or other assistive devices, including visually disabled people, which notifies any website guest that the website is currently under renovation to ensure accessibility by any disabled individual and to contact a specific, named contact person at that entity by telephone to advise what, if any, inaccessible feature the person encountered, or otherwise in order to provide the requested information in an alternative means, until such time as the website is made fully compliant with WCAG 2.0, Level AA standards. Gregory L. Urbancic Attorney at Law Coleman, Yovanovich & Koester, P.A. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535 1 F: 239,435A218 our bancic(a)cvklawfirm.com Visit cvklawfirm.com to learn more about us. CYK Both Gregory L. Urbancic and Coleman, Yovanovich & Koester, P.A. intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Gregory L. Urbancic immediately at aurbancicOD.cyklawfirm.com or (239) 435-3535. Thank you. From: Faircloth, Justin [mailto:Justin.Faircloth@inframark.com] Sent: Wednesday, June 27, 2018 12:34 AM To: Greg Urbancic <gurbancic@cyklawfirm.com> Subject: RE: Websites Greg, I received notification from GoDaddy last week that the Heritage Bay CDD website is not ADA compliant and cannot be made compliant using the current webbuilder platform (see email from Thomas Chaffin below). We are currently looking into possibilities to make the websites compliant, but it appears that they will have to be redeveloped. Let me know if you have any questions. Sincerely, Justin Justin Faircloth I District Manager N F R AINRIARK INFRASTRUCTURE MANA60ALN1 5ERVtCE§ 5911 Country Lakes Drive I Fort Myers, FL 33905 (0) 239.245.7118 ext. 306 1 (M) 239.785.0675 1 www.inframarkims.com SUPERVISORS PLEASE DO NOT REPLY TO ALL AS THIS COULD BEA 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: tchaffin a,godadd com [mailto:tchaffinnog dad_dy.com] Sent: Wednesday, June 20, 2018 11:47 AM To: Faircloth, Justin <Justin.Faircloth(a�inframark.com> Subject: RE: ADA Compliant Hey Justin, In your website builder environment it is not ADA compliant, furthermore there is no way to make the website builder ADA compliant. Thank you, Thomas Chaffin Thomas Chaffin I mid-markct M -F 7a -4p (MST) tchaffinna,godaddy.com DcKWV . Office 365 w *** Please note that l cannot answer technical questions over email. Please give our support line a call if any technical difficulties arise. *** This email message and any attachments hereto is intended for use only by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you have received this email in error, please immediately notify the sender and permanently delete the original and any copy of this message and its attachments From: Greg Urbancic[mailto:gurbancic@cyldawfirm.comj Sent: Sunday, June 10, 2018 11:09 AM To: Faircloth, Justin<Justin.Faircloth@inframark.com> Subject: RE: Websites Justin - I did some background research on the question regarding the applicability of the ADA to a CDD website. While, generally speaking, this appears to be somewhat of a developing area, it appears that the prevailing interpretation is that the ADA arguably applies and compliance is required. Let me provide some general background. The definition of "Public Entity" under the ADA includes any department, agency, special purpose district, or other instrumentality of a State or States or local government. -A "qualified individual with a disability" is defined as an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. -§ 35.130(a) of the ADA contains the general prohibition against discrimination, which states that "no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity." The argument that has been made is that by having a noncompliant website, the CDDs are denying benefits or their services to qualified individuals with a disability. The following excerpt is taken from ADA.gov "The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities." (https-://www.ada.gov/pcatooIkit/chap5toolkit.ht As you can see, with language such as the foregoing on the ADA.gov webpage, it appears that the federal government believes local government website are required to comply with the ADA. While I do not believe that the DOJ has completed its rulemaking process on this subject matter, that does not mean that there still could not be challenges. The commentary suggests that there is currently some accepted standards for making a website accessible, generally known as the Web Content Accessibility Guidelines. Some generally references in the commentary that we found are below. My recommendation would be to find a web designer/developer who is familiar with WCAG and engage them to undertake the website update work. Other general commentary: https•//www essentialaccessibiIity com/blog/local-government-website-accessibility/ https://www section508 gov/blog/do-section-508-accessibility-standards-apply-to-mvwebsite https://www civicpIus com/blog/ce/7-things-to-know-about-local-qovernment-website-accessibility Gregory L. Urbancic Attorney at Law Coleman, Yovanovich & Koester, P.A. The Northern Trust Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 P: 239.435.3535) F: 239.435.1218 gurbancicCilcyklawfirm.com Visit cyklawfirm.com to learn more about us. CYK Both Gregory L. Urbancic and Coleman, Yovanovich & Koester, P.A. intend that this message be used exclusively by the addressee(s). This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If you have received this communication in error, please permanently dispose of the original message and notify Gregory L. Urbancic immediately at gurbancicaa cyklawfirm.com or (239) 435-3535. Thank you. RULES OF PROCEDURE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT TABLE OF CONTENTS 1.0 Organization..........................................................................................................1 1.1 Board of Supervisors: Officers and Voting..............................................1 1.2 Public Information and Inspection of Records.........................................4 1.3 Public Meetings, Hearings, and Workshops.............................................5 2.0 Rulemaking Proceedings......................................................................................8 3.0 Decisions Determining Substantial Interests......................................................11 4.0 Purchasing, Contracts, Construction and Maintenance......................................13 4.1 Purchase of Goods, Supplies, and Materials...........................................15 4.2 Contracts for Construction of Authorized Project..................................16 4.3 Contracts for Maintenance Service.........................................................18 4.4 Purchase of Insurance.............................................................................21 4.5 Procedure for Purchasing Contractual Services......................................22 4.6 Procedure Under Consultant's Competitive Negotiations Act ...............24 5.0 Bid Protests Under Consultant's Competitive Negotiations Act........................26 5.1 Protests With Respect to Contracts Awarded or Bid Documents ........... 28 5.2 Bid Protests Relating to Any Other Award.............................................29 6.0 Design -Build Contract Competitive Proposal Selection Process .......................30 7.0 District Auditor Selection Procedures................................................................32 8.0 Effective Date.....................................................................................................32 RULES OF PROCEDURE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT 1.0 Organization (l) Heritage Bay Community Development District (the "District") was created pursuant to the provisions of Chapter 190, Florida Statutes and was established to provide for ownership, operation, maintenance, and provision of various public improvements, facilities and services within its jurisdiction. The purpose of these rules (individually, each a "Rule" and collectively, the "Rules") is to describe the general operations of the District. (2) Definitions located within any section of the Rules shall be applicable within all other sections, unless specifically stated to the contrary. (3) A Rule of the District shall be effective upon adoption by affirmative vote of the District's Board of Supervisors ("Board"). After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding, the District may immediately suspend the application of a rule if the District determines that the rule conflicts with Florida law. In the event that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended. Specific Authority: s.s.190.011(5),120.53(t)(a), Fla. Stat. Law Implemented: s.s.190.011(5),120.53(1)(a), Fla. Stat. 1.1 Board of Supervisors: Officers and Voting. (1) Board of Supervisors. The Board shall consist of five (5) members. Members of the Board ("Supervisors") must meet the qualifications set forth in Chapter 190, Florida Statutes. The Board shall exercise the powers granted to the District under Florida law. (a) Supervisors shall hold office for the term specified by Section 190.006, Florida Statutes. If, during the term of office, any Supervisor vacates his/her office, the remaining Supervisors shall fill the vacancies by appointment for the remainder of the term. If three or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Supervisors. (b) Three (3) Supervisors shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes. A Supervisor shall be counted toward the quorum if physically present at the meeting, regardless of whether such Supervisor is prohibited from, or abstains from, participating in discussion or voting on a particular item. (c) Action taken by the Board shall be upon a majority vote of the Supervisors present, unless otherwise provided in the Rules or required bylaw. Subject to Rule 1.3(9), a Supervisor participating in the Board meeting by teleconference, videoconference or other electronic means shall be entitled to vote and take all other action as though physically present. (d) Unless otherwise provided for by an act of the Board, any one Supervisor may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (1)(c) of this Rule. (2) Officers. At the first Board meeting held after each election or appointment where the newly elected members take office, the Board shall select a Chair, Vice -Chair, Secretary, Assistant Secretary, and Treasurer. (a) Chair. The Chair must be a Supervisor. If the Chair resigns from the office or ceases to be a Supervisor, the Board shall select a Chair, after filling the vacancy. The Chair serves at the pleasure of the Board. The Chair or Vice - Chair shall be authorized to execute resolutions and contracts on behalf of the Board. The Chair shall convene and conduct all meetings of the Board. In the event the Chair is unable to attend a meeting, the Vice -Chair shall convene and conduct the meeting. The Chair or Vice -Chair may request the District Manager or other district staff to convene and conduct any meeting of the Board. (b) Vice -Chair. The Vice -Chair shall be a Supervisor and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice -Chair has the authority to execute resolutions and contracts on the District's behalf in the absence of the Chair. If the Vice -Chair resigns from the office or ceases to be a Supervisor, the Board shall select a Vice - Chair, after filling the Board vacancy. The Vice -Chair serves at the pleasure of the Board. (c) Secretary. The Secretary of the Board serves at the pleasure of the Board and need not be a Supervisor. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. The District Manager may serve as Secretary. 2 (d) Treasurer. The Treasurer need not be a Supervisor but must be a resident of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3), Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. (e) Absence of Chair and Vice -Chair. In the event that both the Chair and Vice - Chair are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chair and Vice -Chair are both unavailable to execute a document previously approved by the Board, the Secretary or any Assistant Secretary may execute such document. (f) Assignment of Additional Duties. The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf of the District. (g) Check Signing. The Chair, Vice -Chair, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board. (3) Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions. Committees may include individuals who are not Supervisors. Such functions may include, but are not limited to, contract negotiations, personnel matters, and budget preparation. (4) Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings", in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates and corporate acts. The Records of Proceedings shall be located at the District Office and shall be available for inspection by the public. (5) Meetings. The Board shall establish each fiscal year, an annual schedule of regular meetings, which shall be submitted to the county and the state of Florida. Said schedule shall be posted and/or published to the extent required by Chapter 189, Florida Statues. All meetings of the Board shall be open to the public in accord with the provisions of Chapter 286, Florida Statutes. (6) Voting Conflict of Interest. The Board shall comply with Section 112.3143, Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by Chapters 112 and 190, Florida Statutes, as amended from time to time. (a) When a Board member knows the member has a conflict of interest on a matter coming before the Board, the member should notify the Board's Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes. The Board's Secretary shall prepare a memorandum of voting conflict (Form 8B) which shall then be signed by the Board member, filed with the Board's Secretary, and attached to the minutes of the meeting within fifteen (15) days of the meeting. (b) If a Board member inadvertently votes on a matter and later learns they have a conflict on the matter, the member shall immediately notify the Board's Secretary. Within fifteen (15) days of the notification, the member shall file the appropriate memorandum of voting conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The memorandum shall immediately be provided to other Board members and shall read publicly at the next meeting held subsequent to the filing of the written memorandum. Specific Authority: s.s.190.001, 190.011(5), Fla. Stat. Law Implemented: s.s. 190.006, 190.007, 112.3143, Fla. Stat. 1.2 Public Information and Inspection of Records. (1) Public Records. All District public records within the meaning of Chapter 119, Florida Statutes, and not otherwise restricted by law, including the "Records of Proceedings", may be copied or inspected at the District Office during regular business hours. Unless otherwise designated by the Board, the official District office shall be the District Manager's office as identified by the District Manager. If the District Manager's office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain those documents required by law. All written public records requests shall be directed to the Secretary who by these rules is appointed as the District's records custodian. Regardless of the form of the request, any Supervisor or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. (2) Copies. Copies of public records shall be made available to the requesting person at the current rate authorized under Section 119.07(4), Florida Statutes. The requesting person may be required to pay for any charges in advance. M Specific Authority: s.s.190.011(5),120.53, F1a.Stat. Law Implemented: s.s. 190.006,119.07, 120.53, Fla. Stat. 1.3 Public Meetings, Hearings, and Workshops. (1) Notice. Pursuant to Section 189.015(1), Florida Statutes, the Board shall file quarterly, semiannually, or annually a schedule of its regular meetings with the local governing authority. The schedule shall include the date, time, and location of each scheduled meeting. The schedule shall be published quarterly, semiannually, or annually in a newspaper of general paid circulation in the manner required by Section 189.015(1), Florida Statutes. Except in emergencies or as otherwise required by Statute or these Rules, for the purpose of any meeting other than a regular meeting or any recessed and reconvened meeting of the Board, the District shall provide at least seven (7) days public notice shall be given of any public meeting, hearing, or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and shall include: (a) The date, time and place of the meeting or workshop; (b) A brief description of the nature, subjects and purposes of the meeting, hearing or workshop; (c) The District Office address for the submission of requests for copies of the agenda; (d) A statement in substantially the following form: "Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager. If you are hearing or speech impaired, please contact Florida Relay Service at 1-800- 955-8770, who can aid you in contacting the District Office." (e) A statement in substantially the following form: "A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based." (f) A statement in substantially the following form: "The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on the record." (2) Agenda. The District Manager, under the guidance of District Counsel and the Chair (or the Vice -Chair if the Chair is unavailable), shall prepare a notice and an agenda of the meeting. Except as to items approved for inclusion in the agenda by the Board pursuant to subsection (b) below, the Chair (or the Vice -Chair if the Chair is unavailable) shall make the final determination of items to include on the agenda. The agenda and agenda back-up materials for each meeting shall be available to the public prior to the meeting in the manner and at such time as required by Florida law. For good cause, the agenda may be changed after it is first made available for distribution. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings. By a majority vote of the Board at the start of the meeting, items may be added or deleted from the agenda. (a) The District may, but is not required, to use the following format in preparing its agenda for its regular meetings: Call to order Roll call Audience Questions and Comments on Agenda Items Review of minutes Specific items of old business Specific items of new business Staff reports (a) District Counsel (b) District Engineer (c) District Manager Supervisor's requests and comments Audience Questions and Comments Adjournment (b) The agenda of each meeting shall include a section for Supervisors' requests to allow the Supervisors the opportunity to request that certain items be placed on a future agenda of the Board. The Board may accept or reject the request of a Supervisor for the placement of a particular subject matter on a future agenda. If accepted, the requested matter will be placed on the applicable future agenda by the District Manager. (3) Minutes. The Secretary shall be responsible for keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. (4) Receipt of Notice. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre- pay the cost of the copying and postage. 0 (5) Emergency Meetings. The Chair, or Vice Chair if the Chair is unavailable, may convene an emergency meeting of the Board without first having complied with subsections (1) and (2) to act on emergency matters that may affect the public health, safety or welfare. Whenever possible, the Chair shall make reasonable efforts to notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date, and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one major newspaper of general circulation in the District. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held. (6) Public Comment. The public shall be provided the opportunity to be heard on any proposition that will come before the Board at a meeting pursuant to Section 286.011, Florida Statutes. The Board shall set aside a reasonable amount of time for public comment on agenda items, and the time for public comment shall be identified in the agenda. Policies and rules governing public comments may be adopted by the Board in accordance with Florida law. (7) Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008, Florida Statutes. Once adopted in accord with Section 190.008, Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item. (8) Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing. (9) Participation by Teleconference/Videoconference. District staff may participate in Board meetings teleconference, videoconference or other electronic means. Except as otherwise provided in Florida law, Board members may also participate in Board meetings by teleconference, videoconference or other electronic means if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference, videoconference or other electronic means, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist. 7 (10) Continuances. Any meeting of the Board or any item or matter included on the agenda for a meeting may be continued without re -notice or re -advertising provided that the continuance is to a specified date, time and location publicly announced at the meeting where the item or matter was included on the agenda. (11) Resident Committee Meetings. The Board may establish resident committees as needed. Such committee meetings shall be noticed to the public at least seven (7) days in advance. Specific Authority: s.s. 190.005, 190.011(5), Fla. Stat. Law Implemented: s.s. 190.007, 190.008, 120.53, 286.0105, 286.0114, 120.54, Fla. Stat. 2.0 Rulemaking Proceedings. (1) Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to the applicable provisions of Chapter 120, Florida Statutes, and these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. (2) Notice of Rule Development. (a) Except when the intended action is the repeal of a rule, the District shall provide notice of the development of proposed rules by publication of a notice of rule development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by paragraph (3). The notice of rule development shall indicate the subject area to be addressed by rule development, provide short, plain explanation of the purpose and effect of the proposed rule, cite specific legal authority for the proposed rule, and a statement of how a person may promptly obtain a copy of any preliminary draft, if available. (b) All rules shall be drafted in accord with Chapter 120, Florida Statutes. (3) Notice of Proceedings and Proposed Rules. (a) Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action; a reference to the specific rulemaking authority pursuant to which the rule is adopted; and a reference to the section or subsection of the Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2), Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541 (1), must do so in writing within twenty-one (21) days after publication of the notice; and a statement as to whether, based on the statement of the estimated regulatory costs or other information expressly relied upon and described by the District if no statement of regulatory costs is required, the proposed rule is expected to require legislative ratification pursuant to Section 120.541(3). The notice must state the procedure for requesting a public hearing on the proposed rule unless one is otherwise scheduled or required under Florida Statutes. Except when the intended action is the repeal of a rule, the notice must include a reference both to the date on which and to the place where the notice of rule development that is required by subsection (2) appeared. (b) The notice shall be published in a newspaper of general circulation in the county in which the District is located not less than twenty-eight (28) days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice. (c) The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings to adopt, amend or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing. Notice will then be mailed to all persons whom, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its proceedings. (4) Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the District Chair must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so. (5) Petitions to Initiate Rulemaking. All petitions for the initiation of rulemaking proceedings pursuant to Section 120.54(7), Florida Statutes, must contain the name, address and telephone number of the Petitioner, specific action requested, specific reason for adoption, amendment, or repeal, the date submitted, and shall specify the text of the proposed rule and the facts showing that the Petitioner is regulated by the District, or has substantial interest in the rulemaking, shall be filed with the District. The Board shall then act on the petition in accordance with Section 120.54(7), Florida Statutes, except that copies of the petition shall not be sent to the Administrative Procedure Committee, and notice may be given in a newspaper of general circulation in the county in which the District is located. 7 (6) Rulemaking Materials. After the publication of the notice to initiate rulemaking, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials: (a) The text of the proposed rule, or any amendment or repeal of any existing rules; (b) A detailed written statement of the facts and circumstances justifying the proposed rule; (c) A copy of the statement of estimated regulatory costs if required by Section 120.541, Florida Statutes; and (d) The published notice. (7) Rulemaking Proceedings — No Hearing. When no hearing is requested or required under Florida Statutes and the Board chooses not to initiate a hearing on its own, or if the rule relates exclusively to organization, practice or procedure, the Board may direct the proposed rule be filed with the District Office no less than twenty- eight (28) days following notice. Such direction may be given by the Board either before initiating the rule adoption process or after the expiration of the twenty-one (2 1 ) days during which affected persons may request a hearing. (8) Rulemaking Proceedings — Hearing. If the proposed rule does not relate exclusively to organization, practice or procedure, the District shall provide, upon request, a public hearing for the presentation of evidence, argument and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay or disruption of the proceedings. Any affected person may request a hearing within twenty-one (21) days after the date of publication of the notice of intent to adopt, amend or repeal a rule. When a public hearing is held, the District must ensure that the Board members are available to explain the District's proposal and to respond to questions or comments regarding the rule. If one or more requested public hearings is scheduled, the Board shall conduct at least one of the public hearings itself and may not delegate this responsibility without the consent of those persons requesting the public hearing. (9) Request for Public Hearing. (a) A request for a public hearing shall be in writing and shall specify how the person requesting the public hearing would be affected by the proposed rule. The request shall be submitted to the District within twenty-one (21) days after notice of intent to adopt, amend, or repeal the rule is published as required by law, in accordance with the procedure for submitting requests 10 for public hearing stated in the notice of intent to adopt, amend or repeal the rule. (b) If the notice of intent to adopt, amend, or repeal a rule did not notice a public hearing and the District determines to hold a public hearing, the District shall publish notice of a public hearing in a newspaper of general circulation within the District at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. (c) Written statements may be submitted by any person within a specified period of time prior to or following the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record. (10) Emergency Rule Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District. The District may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions. (11) Negotiated Rulemaking. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54, Florida Statutes. (12) Variances and Waivers. Variances and waivers from District rules may be granted pursuant to the provisions and limitations contained in Section 120.542, Florida Statutes. Specific Authority: s.s. 190.011(5), 190.011(15), 120.54, 190.035, Fla. Stat. Law Implemented: s.s.120.54, 190.035(2), Fla. Stat. 3.0 Decisions Determining Substantial Interests. (1) Conduct of Proceedings. Proceedings may be held by the District in response to a written request submitted by a substantially affected person within fourteen (14) days after written notice or published notice of District action or notice of District intent to render a decision. Notice of both action taken by the District and the District's intent to render a decision shall state the time limit for requesting a hearing and shall reference the District's procedural rules. If a hearing is held, the 11 Chair shall designate any member of the Board (including the Chair), District Manager, District General Counsel, or other person to conduct the hearing. The person conducting the hearing may: Administer oaths and affirmations; 2. Rule upon offers of proof and receive relevant evidence; 3. Regulate the course of the hearing, including any prehearing matters; 4. Enter orders; 5. Make or receive offers of settlement, stipulation, and adjustment. (a) The person conducting the hearing shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. (b) The District shall issue a final order within forty-five (45) days: After the hearing is concluded, if conducted by the Board; 2. After a recommended order is submitted to the Board and mailed to all parties, if the hearing is conducted by persons other than the Board; or After the Board has received the written and oral material it has authorized to be submitted, if there has been no hearing. (2) Eminent Domain. After determining the need to exercise the power of eminent domain pursuant to Subsection 190.11(11), Florida Statutes, the District shall follow those procedures prescribed in Chapters 73 and 74, Florida Statutes. Prior to exercising the power of eminent domain, the District shall: (a) Adopt a resolution identifying the property to be taken; (b) If the property is beyond the boundaries of the District, obtain approval by resolution of the governing body of the county if the taking will occur in an unincorporated area, or of the municipality if the taking will occur within the municipality. Specific Authority: s.s. 190.011(5), 190.011(15), Fla. Stat. 12 Law Implemented: s.s. 190.011(11), Fla. Stat. 4.0 Purchasing, Contracts, Construction and Maintenance. (1) Purpose and Scope. In order to comply with Sections 190.033(1) through (3), 287.055 and 287.017, Florida Statutes, the following procedures, definitions and rules are outlined for the purchase of professional, construction, maintenance, and contract services, and goods, supplies, materials, and insurance. (2) Definitions. (a) "Continuing contract" is a contract for professional services (of a type described above), entered into in accordance with this Rule, between the District and a firm whereby the firm provides professional services for the District for work of a specified nature with no time limitation, except that the contract shall provide a termination clause. (b) "Contractual services" means rendering time and effort rather than furnishing specific goods or commodities. Contractual services do not include legal (including attorneys, paralegals, court reporters and expert witnesses, including appraisers), artistic, auditing, health, or academic program services, or professional services (as defined in Section 287.055(2)(a), Florida Statutes and these Rules) and shall generally be considered the services referenced by Section 287.012(8), Florida Statutes. Contractual services do not include the extension of an existing contract for services if such extension is provided for in the contract terms. (c) "Emergency purchases" means a purchase necessitated by a sudden unexpected turn of events (e.g. acts of God, riot, fires, floods, hurricanes, accidents, or ant circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds that the delay incident to competitive solicitation would be detrimental to the interests of the District. (d) "Goods, supplies and materials" do not include printing, insurance, advertising, or legal notices. (e) "Invitation to Bid" is a written solicitation for sealed bids with the title, date and hour of the public bid opening designated specifically and defining the commodity involved. It includes printed instructions prescribing conditions for bidding, evaluation criteria, and provides for a manual signature of an authorized representative. (f) "Lowest Responsible Bid/Proposal" means, in the sole discretion of the Board, the bid or proposal (i) is submitted by a person or firm capable and 13 qualified in all respects to perform fully the contract requirements and with the integrity and reliability to assure good faith performance, (ii) is responsive to the invitation to bid or request for proposal as determined by the Board, and (iii) is the lowest cost to the District. Minor variations in the bid may be waived by the Board. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids may not be modified after opening. (g) "Most Advantageous Bid/Proposal" means, in the sole discretion of the Board, the bid or proposal (i) is submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements and with the integrity and reliability to assure good faith performance, (ii) is responsive to the invitation to bid or request for proposal as determined by the Board, and (iii) is the most advantageous bid or proposal to the District. Minor variations in the bid may be waived by the Board. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids may not be modified after opening. (h) "Professional services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture or registered surveying and mapping, as defined by the laws of Florida, or those performed by an architect, professional engineer, landscape architect or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice. (i) "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for professional services is estimated by the District to exceed the threshold amount provided in Section 287.017, for CATEGORY TWO, as such categories may be amended from time to time by the State of Florida Department of Management Services to reflect inflation or other measures. (j) "Purchase" means acquisition by sale, rent lease, lease/purchase or installment sale. It does not include transfer, sale or exchange of goods, supplies or materials between the District and any federal, state, regional or local government entity or political subdivision of the state. (k) "Request for Proposal" is a written solicitation for sealed proposals with the title, date and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, proposal instructions, work detail analysis and evaluation criteria as necessary. 14 (1) "Responsive bid/proposal" means a bid or proposal which conforms in all material respects to the specifications and conditions in the invitation to bid or request for proposal and these Rules, and the cost components of which are appropriately balanced. A bid/proposal is not responsive if the person or firm submitting the bid fails to meet any requirement relating to the qualifications, financial stability, or licensing of the bidder. Specific Authority: s.s. 190.011(5), Fla. Stat. Law Implemented: s.s. 190.033, Fla. Stat. 4.1 Purchase of Goods, Supplies, and Materials. (1) Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR, as such category may be amended from time to time, shall be purchased under the terms of these Rules. Contracts for purchases of "goods, supplies, and materials" do not include printing, insurance, advertising or legal notices. (2) Procedure. When a purchase of goods, supplies or materials is within the scope of this Rule, the following is appropriate: (a) The Board shall cause to prepare an Invitation to Bid or Request for Proposal, as appropriate. (b) The Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (c) The District may maintain lists of persons interested in receiving notices of invitations to bid or requests for proposals. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail. (d) Bids or proposals shall be opened at the time and place noted on the invitation to Bide or Reg1est for Proposal. Bids and proposals shall be evaluated in accordance with the invitation or request and these Rules. (e) The Most Advantageous Bid or Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines that it is in the best interests of the District. In the event the bids exceed the amount of funds available to be allocated by the District for this purchase, the bids may be rejected. The board may require bidders to furnish performance and/or other bonds with a responsible surety to be approved by the Board. W (f) Notice of award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District Office for seven (7) days. (g) If only one response to an Invitation to Bid or Request for Proposal is received, the District may proceed with the procurement of goods, supplies or materials. If no response to an Invitation to Bid or Request for Proposal is received, the District may take whatever steps reasonably necessary in order to proceed with the procurement of goods, supplies, and materials. (h) If the District does not receive a response to its competitive solicitation, the District may proceed to purchase such goods, supplies, materials, or construction services in the manner it deems in the best interests of the District. (i) The District may make an emergency purchase without complying with these rules. The fact that an emergency purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting. Specific Authority: s.s. 190.011(5), Fla. Stat. Law Implemented: s.s. 190.033, Fla. Stat. 4.2 Contracts for Construction of Authorized Project. (l) Scope. All contracts for the construction or improvement of any building, structure or other public construction works authorized by Chapter 190, Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20, Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and comply with the bidding procedures of Section 255.20, Florida Statutes, as the same may be amended from time to time. In the event of conflict between these Rules and Section 255.20, Florida Statutes, the latter shall control. A project shall not be divided solely to avoid the threshold bidding requirements. (2) Procedure. (a) Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than $500,000 must be noticed at least thirty (30) days prior to the date of submittal for bids. 16 (b) The District may maintain lists of persons interested in receiving notices of Invitation to Bid or Requests for Proposals. Persons who provide their name and address to the District Office for inclusion on the list shall receive notices by mail. (c) To be eligible to submit a bid or proposal, a firm or individual must, at the time of receipt of its bid proposal: Hold all required applicable state professional licenses in good standing. 2. Hold all required applicable federal licenses in good standing, if applicable. 3. If the bidder is a corporation, hold a current and active Florida Corporate Charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes. 4. Meet any special pre -qualification requirement set forth in the bid/proposal specifications. Evidence of compliance with these Rules may be submitted with the bid or proposal, if required by the District. (d) Bids or proposals shall be opened at the time, date and place noted on the Invitation to Bid or Request for Proposals. Bids or proposals shall be evaluated in accordance with the Invitation to Bid or Request for Proposal and these Rules. (e) To assist in the determination of the most advantageous bidder, the District Representative may invite public presentation by firms regarding their qualifications, approach to the project, and ability to perform the contract in all respects. (f) In determining the most advantageous bidder, the District Representative may consider, in addition to the factors described in the invitation or request, the following: The ability and adequacy of the professional personnel employed by each bidder or proposer. 2. The past performance of each bidder or proposer for the District and in other professional employment settings. The willingness of each bidder or proposer to meet time and budget requirements. 17 4. The geographic location of each bidder or proposer's headquarters or office in relation to the project. 5. The recent, current, and project workloads of the bidder or proposer. 6. The volume of work previously awarded to each bidder or proposer. 7. Whether the cost components of each bid or proposal are appropriately balanced. 8. Whether the bidder or proposer is a certified minority business enterprise. (g) The Most Advantageous Bid/Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. The Board may require bidders or proposers to furnish performance bonds and/or other bonds with a responsive surety to be approved by the Board. If the Board receives fewer than three (3) responses to an Invitation to Proposal, the Board, may, in its discretion, re -advertise for additional bids without rejecting any submitted bid or proposal. In the event the bids exceed the amount of funds available to or allocated by the District for this purchase, the bids may be rejected. Bidders or proposers not receiving a contract award shall not be entitled to recover costs of bid or proposal preparation or submittal from the District. (h) Notice of the award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders or proposers by United States Mail, or by hand deliver, or by overnight delivery service, and by posting the same in the District Office for seven (7) days. Specific Authority: s.s. 190.011(5), Fla. Stat. Law Implemented: s.s.190.033, 255.0525, Fla. Stat. 4.3 Contracts for Maintenance Service. (1) Scope. All contracts for maintenance of any District facility or project shall be let under the terms of these Rules if the cost exceeds the amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR, as such category may be amended from time to time by the State of Florida Department of Management Services. The maintenance of these facilities or projects may involve the purchase of contract services and /or goods, supplies or materials as defined herein. Where a contract for maintenance of such facility or project includes goods, supplies or materials and/or contract services, the District may in its sole discretion, award the contract according to the Rules in this subsection in lieu of separately bidding for maintenance, goods, supplies and materials, and contract services. However, a project shall not be divided solely in order to avoid the threshold bidding requirements. (2) Procedure. (a) Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (b) The District may maintain lists of persons interested in receiving notices of Invitations to Bid or Requests for Proposals. Persons who provide their name and address to the District Office for inclusion on the list shall receive notices by mail. (c) In order to be eligible to submit a bid or proposal, a firm or individual must, at the time of receipt of the bids or proposals: Hold the required applicable state and professional licenses in good standing. 2. Hold all required applicable federal licenses in good standing, if any. 3. Hold a current and active Florida Corporate Charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes, if the bidder is a corporation. 4. Meet any special pre -qualification requirements set forth in the bid proposal specifications. Evidence of compliance with these Rules may be submitted with the bid, if required by the District. (d) Bids or Proposals shall be opened at the time, date and place noted on the Invitation to Bid or Request for Proposal. Bids and Proposals shall be evaluated in accordance with the Invitation or Request and these Rules. (e) To assist in the determination of the Most Advantageous Bid or Proposal, the District Representative may invite public presentation by firms regarding their qualifications, approach to the project, and ability to perform the contract in all respects. (f) In determining the Most Advantageous Bid or Proposal, the District Representative may consider, in addition to the factors described in the Invitation or request, the following: T 1. The ability and adequacy of the professional personnel employed by each bidder or proposer. 2. The past performance of each bidder or proposer for the District and in other professional employment settings. The willingness of each bidder or proposer to meet time and budget requirements. 4. The geographic location of each bidder or proposer's headquarters or office in relation to the project. 5. The recent, current, and project workloads of the bidder or proposer. 6. The volume of work previously awarded to each bidder or proposer. 7. Whether the cost components of each bid or proposal are appropriately balanced. 8. Whether the bidder or proposer is a certified minority business enterprise. (g) The Most Advantageous Bid or Proposal may be accepted; however, the Board shall have the right to reject all bids or proposals, either because they are too high or because the Board determines it is in the best interests of the District. The Board may require bidders to furnish performance bonds and/or other bonds with a responsive surety to be approved by the Board. If the Board receives fewer than three (3) responses to an Invitation to Proposal, the Board, may, in its discretion, re -advertise for additional bids without rejecting any submitted bid or proposal. In the event the bids or proposals exceed the amount of funds available to or allocated by the District for this purchase, the bids or proposals may be rejected. Bidders or proposers not receiving a contract award shall not be entitled to recover costs of bid or proposal preparation or submittal from the District. (h) Notice of the award or intent to award, including rejection of some or all bids or proposals, shall be provided in writing to all bidders or proposers by United States Mail, or by hand deliver, or by overnight delivery service, and by posting the same in the District Office for seven (7) days. Specific Authority: s.s. 190.011(5), Fla. Stat. Law Implemented: s.s.190.033, Fla. Stat. 20 4.4 Purchase of Insurance. (1) Scope. The purchase of life, health, accident, hospitalization, legal expense, or annuity insurance, or all or any kind of such insurance for the officers and employees of the District, and for health, accident, hospitalization, and legal expenses upon a group insurance plan by the District, shall be governed by these Rules. Nothing in this Rule shall require the District to purchase insurance. (2) Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed: (a) The Board shall cause to be prepared a Notice of Invitation to Bid. (b) Notice of Invitation to Bid may be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (c) The District may maintain a list of persons interested in receiving notices of Invitations to Bid. Persons who provide their name and address to the District Office for inclusion on the list shall receive notices by mail. (d) Bids shall be opened at the time and place noted in the Invitation to Bid. (e) If only one (1) response to an Invitation to Bid is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase. (f) The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements. (g) Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies which have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, if any, to the District Officers, employees, or their dependents, the geographic location of the company's headquarters and offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall need of the District, its officers, employees and/or dependents. 21 (h) Notice of the award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery service, and by posting the same in the District Office for seven (7) days. Specific Authority: s.s. 190.011(5), Fla. Stat. Law Implemented: s.s. 112.08, Fla. Stat. 4.5 Procedure for Purchasing Contractual Services. (1) Sco e. All purchases for contractual services (except for maintenance services) may, but are not required to, be made by competitive Invitation to Bid. If state or federal law prescribes with whom the District must contract, or established the rate of payment, then these Rules shall not apply. A contract involving both goods, supplies, and materials plus contractual services may, at the discretion of the Board, be treated as a contract for goods, supplies, and materials. (2) Procedure. When a purchase of contractual services is within the scope of this Rule (and the District has elected to follow this procedure), the following procedure shall be followed: (a) The Board shall cause to be prepared a notice of Invitation to Bid or Request for Proposal, as appropriate. (b) Notice of Invitation to Bid shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate. (c) The District may maintain a list of persons interested in receiving notices of Invitations to Bid or Requests for Proposals. The District shall make a good faith effort to provide written notice, by United States Mail, to persons who provide their names and addresses to the District Office for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with these Rules and shall not be the basis for a protest of any contract award. (d) Bids or proposals shall be opened at the time and place noted on the Invitation to Bid and Request for Proposal. Bids and proposals shall be evaluated in accordance with Invitation to Bid or Request for Proposal and these Rules. (e) If only one (1) response to an Invitation to Bid or Request for Proposal is received, the District may proceed with the procurement for contractual services from such bidder or proposer. If no response to an Invitation to 22 Bid or Request for Proposal is received, the District may take whatever steps are reasonably necessary in order to proceed with the procurement of the needed contractual services. (f) The Board has the right to reject any and all bids or proposals. The reservation regarding the right to reject shall be included in all solicitations and advertisements. If the bids or proposals exceed the amount of funds available to or allocated by the District for this purchase, the bids or proposals may be rejected. Bidders and proposers not receiving a contract award shall not be entitled to recover any costs of bid or proposal preparation or submittal from the District. (g) The Most Advantageous Bid or Proposal may be accepted by the District. The Board may require bidders to furnish bid, performance and/or other bonds with a reasonable surety to be approved by the Board. (3) Notice. Notice of contract award, including the rejection of some or all bids or proposals, shall be provided in writing to all bidders or proposers by United States Mail, overnight delivery, or by hand delivery, and by posting same in the District Office for seven (7) days. (4) Contract Renewal. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract, unless otherwise provided in the initial contract. Renewal shall be contingent upon satisfactory performance evaluations by the District. (5) Contract Manager and Contract Administrator. The Board may designate a representative to function as contract manager, who shall be responsible for enforcing performance of the contract terms and conditions and serve as the liaison with the contractor. The Board may also designate a representative to function as contract administrator, who shall be responsible for maintaining all contract files and financial information. One person may serve as both contract manager and administrator. (6) Emergency Purchase. The District may make an emergency purchase of contractual services without complying with these Rules. The fact that an emergency purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting. (7) Continuing Contract. Nothing in this Rule shall prohibit a continuing contract between a firm or an individual and the District. Specific Authority: s.s. 190.011(5), Fla. Stat. Law Implemented: s.s. 190.033(3), Fla. Stat. 23 4.6 Procedure Under Consultant's Competitive Negotiations Act. In order to comply with the requirements of Section 287.055, Florida Statutes (regarding certain types of professional services), the following procedures are outlined for selection of firms or individuals to provide professional services exceeding the thresholds herein described and in the negotiation of such contracts. (1) Qualifying Procedures. In order to be eligible to submit a bid or proposal, a firm must, at the time of receipt of the bid or proposal: (a) Hold all required applicable state professional licenses in good standing. (b) Hold all required applicable federal licenses in good standing, if any. (c) If the bidder is a corporation, hold a current and active Florida Corporate Charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes. (d) Meet any pre -qualification requirements set forth in the project or bid specifications. Qualification standards may include, but are not limited to, capability and adequacy of personnel, past record, and experience of the bidding entity. Evidence of compliance with this Rule may be submitted with the bid, if requested by the District. (2) Public Announcement. Prior to a public announcement that professional services are required for a project, the Board shall identify the project as meeting the threshold requirement. Except in cases of valid public emergencies as certified by the Board, the District shall announce each occasion when professional services are required for a project by publishing a notice providing a general description of the project and method for interested consultants to apply for consideration. The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The District may maintain lists of persons interested in receiving such notices. These persons are encouraged to submit annually statements of qualifications and performance data. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail. The Board has the right to reject any and all bids, and such reservation shall be included in the public announcement. Bidders not receiving a contract award shall not be entitled to recover any costs of bid preparation or submittal from the District. (3) Competitive Selection. (a) The Board shall review and evaluate the data submitted in response to the notice described above regarding qualifications and performance ability, as 24 well as any statements of qualification of file. The Board shall conduct discussions with, and may require public presentation by firms regarding their qualifications, and/or public presentation, select and list the firms, in order of preference, deemed to be the most highly capable and qualified to perform the required professional services, after considering these and other appropriate criteria: The ability and adequacy of the professional personnel employed by each firm. 2. Each firm's past performance for the District in other professional employment settings. 3. The willingness of each firm to meet time and budget requirements. 4. The geographic location of each firm's headquarters or office in relation to the project. The recent, current, and projected workloads of each firm. 6. The volume of work previously awarded to each firm. 7. Whether a firm is a certified minority business enterprise. Nothing in these Rules shall prevent the District from evaluating and eventually selecting a firm if less than three (3) responses, including responses indicating a desire not to submit a formal bid on a given project, are received. (b) If the selection process is administered by a person other than the full Board, the selection made will be presented to the full Board with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed. (4) Competitive Ne oto iation. (a) After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as the most qualified to perform the required professional services. (b) In negotiating a lump -sum or cost -plus -a -fixed -fee professional contract for more than the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth -in -negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting." In addition, any 25 professional service contract under which such a certificate is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs." (c) Should the District within twenty-one (21) days be unable to negotiate a satisfactory agreement with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable then unless modified by the Board, negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second firm cannot be reached within twenty-one (21) days (unless modified by the Board to the contrary) those negotiations shall be terminated and negotiations with the third most qualified firm shall be undertaken. (d) Should the District be unable to negotiate a satisfactory agreement with any of the selected firms within twenty-one (21) days (unless modified by the Board to the contrary) additional firms shall be selected by the District, in order of their competence and qualifications. Negotiations shall continue, beginning with the first -named firm on the list, until an agreement is reached or the list of firms is exhausted. (e) Once an agreement with a firm or individual is reached, notice of the award or intent to award, including the rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District Office for seven (7) days. (5) Continuing Contract. Nothing in this Rule shall prohibit a continuing contract between a firm or an individual and the District. (6) Emergency Purchase. The District may make an emergency purchase without complying with these Rules. The fact that an emergency purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting. Specific Authority: s.s. 190.011(5), Fla. Stat. Law implemented: s.s. 190.011(3), 287.055, 190.033, Fla. Stat. 5.0 Bid Protests Under Consultants' Competitive Negotiations Act. Notwithstanding any other provision in these Rules, the resolution of any protests regarding the decision to solicit or award a contract for a bid or proposal shall be in accordance with this section. 26 (1) Notice. The District shall give all bidders written notice of its decision to award or intent to award a contract, including rejection of some or all bids, by United States Mail (which shall be deemed delivered two (2) days after delivery to the U.S. Postal Service), by certified/registered mail return receipt requested, by hand delivery, or by overnight delivery service (which shall be deemed delivered by the next business day), and by posting same in the District Office for seven (7) days. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Section 5.2 of the Rules of Heritage Bay Community Development District shall constitute a waiver of proceedings under those Rules." (2) Filing. Any person who is affected adversely by the District's decision or intended decision shall file with the District a notice of protest within seventy-two (72) hours after the posting of the final bid tabulation or after receipt of the notice of the District decision or intended decision, and shall file a formal written protest within seven (7) days after the date of filing of the notice of protest. The notice of protest shall identify the procurement by title and number or any other language that will enable the District to identify it, shall state that the person intends to protest the decision, and shall state with particularity the law and facts upon which the protest is based. With respect to a protest of the specifications contained in an Invitation to Bid or in a Request for Proposals, the notice of protest shall be filed in writing within seventy-two (72) hours after the receipt of the notice of the project plans and specifications (or intended project plans and specifications) in an Invitation to Bid or Request for Proposals, and the formal written protest shall be filed within seven (7) days after the date when notice of protest is filed. Failure to file a notice of protest, or failure to file a formal written protest, shall constitute a waiver of all further proceedings. (3) Award Process. Upon a receipt of a notice of protest which has been timely filed, the District shall stop the bid solicitation process (or the contract and award process) until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances which require the continuance of the process without delay in order to avoid immediate and serious danger to the public health, safety, or welfare, the award process may continue. (4) Mutual Agreement. The District, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest my mutual agreement between the parties within seven (7) days, excluding Saturdays, Sundays and legal holidays, upon receipt of a formal written request. (5) Proceedings. If the subject of a protest is not resolved by mutual agreement, a proceeding shall be conducted in accordance with the procedural guidelines set forth in Section 3.0. Specific Authority: s.s.120.57(3),190.011(5) Fla. Stat. Law Implemented: s.s. 120.57(3), 190.033, Fla. Stat. 27 5.1 Protests With Respect To Contracts Awarded Or Bid Documents. The resolution of any protests regarding Bid Documents or the decision to award a contract for a bid or proposal shall be in accordance with section 5.1. (1) Notice. The District shall give all bidders or proposers written notice of a decision to award or to reject all bids by posting the notice in the District Office for seven (7) days, with a copy being provided to all submitting firms by United States Mail (which shall be deemed delivered two (2) days after delivery to the U.S. Postal Service), by certified/registered mail return receipt requested, or by hand delivery. The notice shall include the following statement: "Failure to file a written protest with the District within seventy-two (72) hours following the receipt of notice of the District's decision to award a contract shall constitute a waiver of any objection to the award of such contract." (2) Filing. (a) Any firm or person who is affected adversely by a District decision to award a contract shall file with the District a written notice of protest within seventy-two (72) hours after receipt of the notice of the District's decision, and shall file a formal written protest with the District within seven (7) calendar days after timely filing the initial notice of protest. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt of the District. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object to or protest the District's decision or contract award. The formal written protest shall state with particularity the facts and law upon which the protest is based. (b) With respect to a protest regarding the Bid Documents, including specifications or other requirements contained in an Invitation to Bid or in a Request for Proposals, the notice of protest shall be filed in writing within seventy-two (72) hours after the receipt of the proposed project plans and specifications or other contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object to or protest with respect to the aforesaid plans, specifications or contract documents. (3) Award Process. Upon receipt of a timely filed notice of protest, the District shall abate the contract award process until the protest is resolved by final Board action. However, if the District determines particular facts and circumstances require the continuance of the contract award process without delay in order to avoid immediate and serious danger to the public health, safety, or welfare, the contract 28 award process may continue. In such circumstances, the contract awarded shall be conditioned on the outcome of the protest. (4) Informal Proceeding. If the Board determines a protest does not involve a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceeding shall be at a time and place determined by the Board. Notice of such proceeding shall be posted in the office of the District not less than three (3) calendar days prior to such informal proceeding, with copy being mailed to the protestant and any substantially affected person or parties. Within fifteen (15) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision. (5) Formal Proceeding. If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided above, the District shall schedule a formal hearing to resolve the protest in accordance with the procedural guidelines set forth in Section 3.0. Specific Authority: s.s. 120.57, 190 011(5), Fla. Stat. Law Implemented: s.s.190.033, Fla. Stat. 5.2 Bid Protests Relating to Any Other Award. Notwithstanding any other provision in these Rules, the resolution of any protests regarding the decision to solicit or award a contract for a bid proposal under Sections 4.1, 4.2, or 4.5 shall be in accordance with Section 5.2. (1) Notice. The District shall give all bidders written notice of its decision to award or intent to award a contract, including rejection of some or all bids, by United States Mail (which shall be deemed delivered two (2) days after delivery to the U.S. Postal Service), by certified/registered mail return receipt requested, by hand delivery, or by overnight delivery service (which shall be deemed delivered on the next business day), and by posting same in the District Office for seven (7) calendar days. (2) Filing. Any person who is adversely affected by the District's decision or intended Lal file d-1, 4U. fl;,+r;^+ o nnfinn n-Ft%rntaet in Xz714illQ W1tllin CPVPniy-t-w0 del)1J1o11 Jlltlll 11G Vv iLit Lild L10L11VL LL 11VLaVV (72) hours after the posting of the final bid tabulation or after receipt of the notice of the District decision or intended decision, and shall file a formal written protest within seven (7) days after the date of filing of the notice of protest. The formal written protest shall state with particularity facts and law upon which the protest is based. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of all further proceedings. (3) Award Process. Upon receipt of a notice of protest which has been timely filed, the District shall stop the bid solicitation process or the contract and award process until the subject of the protest is resolved. However, if the District sets forth in 29 writing particular facts and circumstances which require the continuance of the process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare, the award process may continue. (4) Mutual Agreement. The District, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest by mutual agreement between the parties within five (5) days, excluding Saturdays, Sundays and legal holidays, of receipt of a formal written protest. (5) Hearing. If the subject of a protest is not resolved by mutual agreement, the District shall hold a proceeding in accordance with the procedural guidelines set forth in Section 3.0. Specific Authority: s.s.190.011(5), Fla. Stat. Law Implemented: s.s. 190.033, Fla. Stat. 6.0 Design -Build Contract Competitive Proposal Selection Process. (1) Scope. The District may utilize design -build contracts for any public construction project for which the Board determines that use of such contracts in the best interest of the District. When letting a design/build contract, the District shall use the following procedure: (a) The District shall utilize a design criteria professional meeting the requirements of Section 287.055(2)(k) when developing a design criteria package, evaluating the responses or bids submitted by design -build firms, and determining compliance of the project construction with the design criteria package. The design criteria professional may be an employee of the District or may be retained using Section 4.6, Procedure Under Consultant's Competitive Negotiations Act. (b) A design criteria package for the construction project shall be developed and sealed by the design criteria professional. The package shall include concise, performance —oriented drawings or specifications of the project, and shall include sufficient information to put interested firms on notice of substantially all of the requirements of the project. If the project utilizes existing plans, the design criteria professional shall create a design criteria package by supplementing the plans with project specific requirements, if any. All design criteria packages shall require firms to submit information regarding the qualifications, availability and past work of the firms, including the partners and members thereof. (c) The Board, in consultation with the design criteria professional, shall establish the standards and procedures for the evaluation of design -build 30 proposals based on price, technical, and design aspects of the project, weighted for the project. (d) After the design criteria package and the standards and procedures for evaluation of proposals have been developed, competitive proposals from qualified firms shall be solicited, pursuant to the design criteria by the following procedure: A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least seven (7) days for submittal of proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. The District may maintain qualifications information, including: capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small Business and Minority Assistance Act of 1985, and other factors, on design -build firms. Such firms shall receive a copy of the request for proposals by mail. 3. In order to be eligible to submit a proposal a firm must, at the time of receipt of the proposals: (a) Hold the required applicable state professional license in good standing, as defined by Section 287.055(2)(h), Florida Statutes; (b) Hold all required applicable federal licenses in good standing, if any; (c) Hold a current and active Florida Corporate Charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes, if the bidder is a corporation; (d) Meet any special prequalification requirements set forth in the design criteria package. Evidence of compliance with these Rules may be submitted with the bid, if required by the District. (e) The Board shall select no fewer than three (3) design -build firms as the most qualified, based on the information submitted in the response to the request for proposals, and in consultation with the design criteria professional, shall evaluate their proposals based on the evaluation standards and procedures established prior to the solicitation of requests for proposal. 31 (f) The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards, and shall establish a price which the Board determines to be fair, competitive, and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Failing accord with the second most qualified firm, the Board must terminate negotiations. The Board shall then undertake negotiations with the third firm. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached. (g) After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings of the project. (h) The design criteria professional shall evaluate the compliance of the project construction with the design criteria package, and shall provide the Board with a report of the same. (2) Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified design -build firm available at the time. The fact that an emergency purchase has occurred shall be noted in the minutes of the next Board meeting. Specific Authority: s.s.190.011(5), Fla. Stat. Law Implemented: s.s. 190.033, 255.20, Fla. Stat. 7.0 District Auditor Selection Procedures. Prior to selecting an auditor to conduct the annual financial audit as required in Section 218.3 9, Florida Statutes, the District shall use the auditr SeieAI0-1 procedures as ,equireu under Section 218.391, Florida Statutes. Specific Authority: Law Implemented: 8.0 Effective Date. s. 190.011(5), Fla. Stat. s. 218.391, Fla. Stat. These Rules shall be effective 32 2018. Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines - September 2018 The following is intended to serve as a guideline for the CDD when making decisions for lake bank maintenance and/or repairs. This document is also intended to define the roles and responsibilities of the CDD and the Club by: • Providing for an effective means of communication with homeowners concerning issues related to lake banks • Ensuring compliance with the "Amended and Restated Mutual Memorandum of Understanding Between The Heritage Bay CDD and Heritage Bay Golf and Country Club" dated September 7, 2015 • Coordinating with the CDD's promulgated rules entitled "Stormwater Management Rules and Policies for Heritage Bay Community Development District". • Coordinating with the Heritage Bay Green Committee document entitled "Green Committee Lake Bank Maintenance and Planting Policy„ 1 Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines - Lake bank repair and maintenance responsibilities: • The CDD has responsibility for all lake banks up to the CDD's existing property lines on properties owned by the CDD fee simple. The adjacent owner, either a homeowner or the Club (common grounds and golf course) will be responsible for any maintenance on its property. • The CDD will maintain the required original permitted lake bank slopes as defined in our operational permits except as to damage caused by others for which the CDD may seek corrective action. • Repairs will be recommended by the CDD's Manager and approved by the Board of Supervisors based on 1.) monthly reviews of the surface water management system, 2.) a prioritization system for identifying and addressing the most significant issues to ensure operating within our existing annual O&M budgets and 3.) by assessing any risks of delaying lake bank repairs • Recommended repairs will be conducted by qualified contractors with input from the CDD • As stated in the Memorandum of Understanding between the CDD and the Club, "the Heritage Bay Community Association will continue to perform daily routine lake bank maintenance, as required, on the golf course side due to damage created by operational issues and maintenance practices 2 Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines - Examples of Lake Bank Repair Procedures: The CDD has identified the following repairs which have been effectively implemented on our lake banks: • All recommended repairs, as suggested by the CDD and/or the contractor performing the planned work, may be reviewed by the District Engineer, as needed, to ensure the best and most up to date industry practices Vertical erosion from homes and buildings ->reference "Stormwater Management Rules and Policies for Heritage Bay Community Development District' which determines the most effective repair and homeowner/HOA responsibilities ->procedures typically involve restoring the damaged lake bank and moving the damaging water discharges from the source into the lake. ->install new littoral plantings, if appropriate, in the area of the new lake bank as defined in the project requirements Step erosion >-rebuild the lake bank by either pulling up washed materials from the lake bottom or bring in materials to achieve the correct slope and utilize cocoa matting or riprap to secure the new lake bank ->install new littoral plantings and the appropriate grass (St. Augustine or golf course grass), if appropriate, in the area of the new lake bank as defined in the project requirements Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines - Lake Bank Repair Procedures: (continued) Washouts caused by cart paths ->consider installation of drains installed within the cart path and attach piping and run into the lake (below the control elevation) ->potential deviation from installing drains is the use of concrete flumes to direct all waters from the cart path directly into the lake ->rebuild lake bank, as appropriate, and secure with either cocoa matting or rip rap and plant littorals as directed in the project Washouts caused by the golf course due to over irrigation or steep banks (ex. near the tees or greens) ->work with the golf staff in recommending the most prudent repair. Repairs can consist of planting golf course grass down to the lake control elevation and/or planting grasses (cord, muhiy or fakahatchee grasses) NOTE: all lake bank repairs scopes of work should include the planting/replanting of littorals as part of the project, if appropriate 4 Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines - Lake Bank Maintenance and Recommended Plantings • The CDD is responsible for the ongoing lake bank maintenance to consist of the spraying out of weeds and invasive plants, including the maintenance of the entire lake surface area and keeping it clear of weeds, grasses, algae, etc. • The CDD does NOT plant grasses (cord grass, muhly grass, fakahatchee grass) on any lake banks and all recommended plantings, considered by the Club (golf course or common grounds) should be planted ABOVE the control elevation as plants below this elevation are subject to dying due to extended submersion during the wet season • Grass plantings below the control elevation which require trimming/cutting back multiple times per year contribute to our lake issues of algae and hard to control weeds • The CDD DOES have responsibility to plant and maintain aquatic plantings (littorals) in all lakes. These are designed to be planted in and around the water and may grow up on to the lake banks but no grass plants are purposely planted on the lake bank by the CDD • Ideal littoral plantings consist of spike rush, arrowhead and pickerel weed; canna should only be planted in areas where a good source of water is available • The Club (golf course or common grounds) may elect to remove existing grass plants (with consultation with the CDD to ensure the lake bank is stabilized) and plant golf course arass or the tvpical St. Augustine grass down to the control elevation. • Clean lake banks (banks without excessive grass plant growth) permit easier maintenance as well as allowing for more easily monthly inspections k, Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines- Heritage Bay Community Development District -Lake Bank Repair and Maintenance Guidelines- RESOLUTION NO. 2018-9 A RESOLUTION OF THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT SUPPLEMENTING RESOLUTION 2018-6, WHICH RESOLUTION PREVIOUSLY EQUALIZED, APPROVED, CONFIRMED, IMPOSED AND LEVIED SPECIAL ASSESSMENTS ON AND PECULIAR TO PROPERTY SPECIALLY BENEFITED (APPORTIONED FAIRLY AND REASONABLY) BY THE DISTRICT'S PROJECTS; APPROVING AND. ADOPTING THE HERITAGE BAY COMMUNITY DEV ELOPMt DISTRICT SUPPLEMENTAL ASSESSMENT ALLOCATION REPORT FOR CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2018A-1 AND CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2018A-2 PREPARED BY INFRAMARK, LLC AND DATED APRIL 17, 2018, WHICH SETS FORTH THE SPECIFIC TERMS OF THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 201 SA -1 AND HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2018A-2; PROVIDING FOR THE SUPPLEMENTATION OF TIIE SPECIAL ASSESSMENTS AS SET FORTH IN THE IMPROVEMENT LIEN BOOK; AND PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors of Heritage Bay Community Development District (the "Board" and the "District" respectively) has completed the sale and issuance of $16,095,000 Heritage Bay Community Development District Capital Improvement Revenue Refunding Bonds, Series 2018A-1 and $3,775,000 Heritage Bay Community Development District Capital Improvement Revenue Bonds, Series 2018A-2 (collectively, the "Series 2018 Bonds") pursuant to the delegation resolution known as Resolution No. 2018-7 adopted by the Board on March 26, 2018; and WHEREAS, the Series 2018 Bonds were issued under and pursuant to a Master Trust Indenture, dated as of November 1, 2015 (the "Master Indenture"), between the District and U.S. Bank National Association as successor in trust to Wachovia Bank, National Association, as trustee (the "Trustee"), as amended and supplemented by a Third Supplemental Trust Indenture, dated as of April 1, 2018, between the District and the Trustee (the "Supplemental Indenture"). The Master Indenture and the Supplemental _ are -- tune- collectively rel ..reed to thereli as the "In. -denture"• and 1nQenuLlrC arC JUII1C L1111CS GULICGUVGIy Icicu cu w iib.t t.iii uv �i�� �_�� WHEREAS, the Board previously indicated its intention to undertake, install, establish, construct or acquire certain public improvements described in Resolution No. 2018-2 (the "Project") and to finance a portion of the Project through the imposition of special assessments on benefited property within the District; and WHEREAS, the District previously adopted Resolution No. 2018-6, equalizing, approving, confirming, imposing and levying special assessments on the property specially benefited by the Project within the District as described in Resolution No. 2018-6 (the "Assessments") for the purpose of generating fiends to repay the Series 2018 Bonds, which Resolution is still in full force and effect; and Resolution 2018-9 Heritage Bay Community Development District Supplemental Assessment Resolution WHEREAS, pursuant to and consistent with the terms of Resolution No. 2018-6 relating to the Assessments, this Resolution sets forth the terms of the Assessments for the Series 2018 Bonds, adopts a final assessment roll for the Series 2018 Bonds consistent with the final terms of the Series 2018 Bonds issued by the District, and ratifies and confirms the lien of the levy of the Assessments securing the Series 2018 Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS: SECTION 1. DEFINITIONS. All words and phrases used herein in capitalized form, unless otherwise defined herein, shall have the meaning ascribed to them in Resolution No. 2018-6. SECTION 2. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapter 190, Florida Statutes, including without limitation, Sections 190.021 and 190.022, Florida Statutes; Chapter 170, Florida Statutes including without limitation, Section 170.08, Florida Statutes; and Chapter 197, Florida Statutes including, without limitation, Section 197.3632, Florida Statutes; and Resolution No. 2018-6. SECTION 3. FINDINGS. As a supplement to the findings set forth in Resolution No. 2018-6, the Board of the District hereby finds and determines as follows: a. The above recitals are true and correct and are incorporated herein by this reference. b. On March 19, 2018, the District, after due notice and public hearing, adopted Resolution No. 2018-6, which, among other things, equalized, approved, confirmed and levied the Assessments on property specially benefiting from the Project authorized by the District. C. The Heritage Bay Community Development District Supplemental Assessment Allocation Report for Capital Improvement Revenue Refunding Bonds, Series 2018A-1 and Capital Improvement Revenue Bonds, Series 2018A-2 prepared by Inframark, LLC and dated April 17, 2018, a copy of which attached hereto and made a part of this Resolution as Exhibit "A" (the "Series 2018 Supplemental Assessment Report"), applies the methodology previously approved for the benefited parcels tinder Resolution No. 2018-6 to the terms of the Series 2018 Bonds pursuant to Adopted Master Assessment Methodology for Heritage Bay Community Development District prepared by Fishkind & Associates, Inc. and dated September 22, 2005, as supplemented by that certain Supplemental Master Assessment Methodology for Heritage Bay Community Development District prepared by Fishkind & Associates, Inc. and dated November 8, 2005, as supplemented by the Heritage Bay Community Development District Assessment Allocation Report for the Capital Improvement Revenue Refunding Bonds, Series 2014 prepared by Severn Trent Services and dated August 11, 2014, and as further supplemented and amended by that certain Heritage Bay Community Development District Assessment Allocation Report for Capital Improvement Revenue Refunding Bonds, Series 2018A-1 and Capital Improvement Revenue Bonds, Series 2018A-2 prepared by Inframark, LLC and dated January 19, 2018 (collectively, the "Master Assessment Report"), and establishes an assessment roll for the Series 2018 Bonds. d. The Project to be funded, in part, by the Series 2018 Bonds, will specially benefit the benefited parcels as reflected in the assessment roll in the Series 2018 Supplemental Assessment Report. The Board previously determined pursuant to Resolution No. 2018-6 that it is reasonable, proper, just and right to assess the costs of these improvements financed with the Series 2018 Bonds on the benefitted parcels within the District. 2 Resolution 2018-9 Heritage Bay Community Development District Supplemental Assessment Resolution e. The sale, issuance and closing of the Series 2018 Bonds, and the confirmation of the Assessments on the benefited parcels, are in the best interests of the District. f. The issuance and sale of the Series 2018 Bonds, the adoption of all resolutions relating to the Series 2018 Bonds, and all actions taken in furtherance of the closing on the Series 2018 Bonds, are declared and affirmed as being in the best interest of the District and are hereby ratified, approved and confirmed. SECTION 4. SERIES 2018 SUPPLEMENTAL ASSESSMENT REPORT; ALLOCATION AND APPORTIONMENT OF ASSESSMENTS SECURING SERIES 2018 BONDS. The Board hereby adopts the Series 2018 Supplemental Assessment Report. The Assessments shall be allocated and apportioned in accordance with the Master Assessment Report, which allocation and apportionment shall be on the benefited parcels within the District. The assessment roll in the Series 2018 Supplemental Assessment Report reflects the actual terms of the Series 2018 Bonds and is hereby adopted by the District. The lien of the Assessments securing the Series 2018 Bonds shall be on the lands within the District described in the Master Assessment Report, as supplemented by the Series 2018 Supplemental Assessment Report, and such lien is ratified and confirmed. SECTION 5. IMPROVEMENT LIEN BOOK. The Assessments on and peculiar to the parcels specifically benefited by the Project, all as previously equalized, approved, confirmed and imposed and levied pursuant to Resolution No. 2018-6, are hereby modified as specified in the final assessment roll set forth in Exhibit "A" of the Series 2018 Supplemental Assessment Report. Itmmediately following the adoption of this Resolution, the Assessments shall be recorded by the Secretary of the Board of the District in its Improvement Lien Book or similar District official document. The Assessments against each respective parcel shown on the final assessment roll and interest, costs and penalties thereon, shall be and shall remain a legal, valid and binding first lien on such parcel until paid and such lien shall be coequal with the lien of all state, county, district, municipal or other governmental taxes and superior in dignity to all other liens, titles and claims. SECTION 6. SEVERABILITY. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional, SECTION 7. CONFLICTS. This Resolution is intended to supplement Resolution No. 2018- 6, which remains in full force and effect except to the extent modified herein. This Resolution and Resolution No. 2018-6 shall be construed to the maximum extent possible to give frill force and effect to the provisions of each resolution. All District resolutions or parts thereof in actual conflict with this Resolution are, to the extent of such conflict, superseded and repealed. SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. Resolution 2018-9 Supplemental Assessment Resolution Heritage Bay Community Development District PASSED AND ADOPTED by the Board of Supervisors of Heritage Bay Conununity Development District, this 12"' day of July, 2018. Attest: /tincloth, Secretary HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT -V4- Edwin Hubbard, Chairman Exhibit A: Heritage Bay Community Development District Supplemental Assessment Allocation Report for Capital Improvement Revenue Refunding Bonds, Series 2018A-1 and Capital Improvement Revenue Bonds, Series 2018A-2 prepared by Inframark, LLC and dated April 17, 2018 Resolution 2018-9 Heritage Bay Community Development District Supplemental Assessment Resolution Exhibit "A" Heritage Bay Community Development District Supplemental Assessment Allocation Report for Capital Improvement Revenue Refunding Bonds, Series 2018A-1 & Capital Improvement Revenue Bonds, Series 2018A-2 yINFRAMARK 210 N University Drive, Suite 702 Coral Springs, FL 33071 (954) 603-0033 www.inframarkim .co April 17, 2018 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Refunding Bonds, Series 2018A-1 & Capital Improvement Revenue Bonds, Series 2018A-2 Supplemental Special Assessment Allocation Report April 17, 2018 OVERVIEW In 2005, the Heritage Bay Community Development District (the "District") issued the Series 2005 Capital Improvement Revenue Bonds (the "Series 2005 Bonds") for the purpose of financing and managing the acquisition and construction of certain public infrastructure necessary for the community development within the District. In 2014 the District issued its Capital Improvement Revenue Refunding Bonds, Series 2014 (the "Series 2014 Bonds") for the purpose of refinancing the Series 2005 Bonds. The Series 2014 Bonds are secured by and are being repaid from special assessments levied on the benefited parcels of property within the District (the "Series 2014 Special Assessments"), The District proposes to refund the outstanding Series 201.4 Bonds and to finance additional public infrastructure improvements through the issuance of $19,870,000 of Heritage Bay Community Development .District Capital Improvement Revenue Refunding Bonds, Series 2018A-1 (the "Series 2018A-1 Bonds") and Capital hnprovement Revenue Bonds, Series 2018A-2 (the "Series 2018A-2 Bonds"). The Series 201 SA -1 Bonds and the Series 2018A-2 Bonds are collectively referred to as the "Series 2018 Bonds"). The special assessments securing the Series 2018 Bonds will be imposed and levied on the same respective parcels of property encumbered by the Series 2014 Special Assessments. PURPOSE This Report revises and supplements that certain Adopted Master Assessment Methodology Heritage Bay Commlmity Development District prepared by Fishkind & Associates, Inc. dated September 22, 2005, as supplemented by that certain Supplemental Assessment Report for the Heritage Bay Community Development District prepared by Fishkind & Associates, Inc. dated November 8, 2005 (collectively, the "Series 2005 Assessment Report") and as further supplemented by that certain Assessment Allocation Report for the Capital hnprovement Revenue Refunding Bonds, Series 2014 dated August 11, 2014 prepared by Severn Trent Services (the "Series 2014 Assessment Report"). The District will issue the Series 2018 Bonds at a higher principal amount than the outstanding principal balance of the Series 2014 Bonds. The additional funds generated as a result of the Series 2018 Bonds will be used to fund all or a portion of various capital improvements (the "Improvements") per the Supplemented Engineer's Report for Heritage Bay CDD prepared by CPH, Inc. dated January 19, 2018 (the "Supplemental Engineer's Report'). This Report provides a methodology that determines the amount of District debt to be allocated to specific properties within the District and the maximum annual debt service assessment. The Report is designed to conform to the requirements of Chapters 190 and 170, Florida Statutes. PROJECT IMPROVEMENTS The Supplemental Engineer's Report outlines the Improvements (the "2018 Project") an- ticipated to be built by the District. The 2018 Project includes but is not limited to refund- ing a 2015 loan from Valley National Bank (formerly CNL Bank) which funded the recon- struction of the bridge retaining walls (which is complete) and the reconstruction of certain lake bank stabilization improvements, long term lake bank restoration and emergency re- pair due to damage caused by Hurricane Irma and modification to existing control struc- tures. These facilities and infrastructure will support the residential cormnunity within the District and the 2018 Project is estimated to cost approximately $3,531,000. The Series 2018 Bonds total $19,870,000 and will refund the Series 2014 Bonds, refund the 2015 loan, finance all or a portion of the 2018 Project, set up a debt service reserve account, fund costs of issuance and underwriter's discount and resetve funds for the November 1, 2018 interest payment. REASONABLE AND FAIR APPORTIONMENT OF THE DUTY TO PAY A reasonable estimate of the proportion of special and peculiar benefits received from the refinancing of the public infrastructure financed with the Series 2014 Bonds was described and calculated in the Series 2014 Assessment Report. This Report does not change the apportionment of the Series 201.8 A-1 Bonds; only the reallocation of the debt based on the sizing of the Series 2018A-1 Bonds. The Series 2005 Assessment Report stated that the special assessment debt will be allocated to the properties receiving special benefit based on an Equivalent Residential Unit (ERU) per acre factor. The Series 2018A-2 Bonds will be allocated using the same ER:tJ factor. Such apportionment is based on ERU's with the executive single family lot having a factor of 1 ERU. Product Tyne Executive Single Family Classics Single Family Classics II Single Family Coach Home 2 Story MY 4 Story MF Eauivalent Residential Unit 1.0 1.5813 1.93 0.49 0.56 0.28 The duty per parcel to pay for this special benefit peculiar to the property is fairly and reasonable apportioned and does not exceed the ascertained value of the special benefit. ALLOCATION This report was prepared to revise the allocation of assessments levied on properties within the District as a result of the issuance of the Series 2018 Bonds. The Series 2018 Bonds are being issued to refiind all of the District's outstanding Series 2014 Bonds and to finance all or a portion of the 2018 Project. A total of $16,110,000 of Series 2014 Bonds will be refunded with the 2018A-1 Bonds and other legal available moneys. Taking into account the liquidation of the existing Series 2014 Debt Service Reserve Fund, Series 2014 Revenue Account, Deferred Costs Accounts and paying off the Deferred Cost Obligation, the par amount of the Series 2018 Bonds is $19,870,000. The new special assessments used to amortize the Series 2018 Bonds have been allocated to the benefited property based upon the apportionment by the Board of the special benefits peculiar to the parcels of property relying on the methodology used in the Series 2005 Assessment Report and the Series 2014 Assessment Report. The purpose of the refinancing is to restructure the Series 2014 Bonds to eliminate the balloon payment due in 2029 by amortizing the Series 2018A-1 Bonds over the original life of the Series 2005 Bonds, maturing on May 1, 2036 and issuing the Series 2018A-2 Bonds which will provide the necessary funds to finance all or a portion of the 2018 Project. The Series 2018A-2 will mature in less than 5 years on May 1, 2022. The proposed allocation of the debt of the Series 2108 Bonds and the assessment rolls are shown in Exhibit B-1 and B-2. 4 EXHIBITS Exhibit A Heritage Bay Community Development District Capital Improvement Revenue Refunding Bonds, Series 2018A-1 Capital Improvement Revenue Bonds, Series 2018A-2 Sources and Uses of Funds Series 2018A-1 Series 2018A-2 Refunding Bonds New Money Sources: Bond Proceeds: Par Amount Net OI D Other Sources of Funds: Liquidation of Series 2014 Revenue Acct Liquidation of Deferred Costs Account Liquidation of Series 214 DSRF Acct Payoff Deferred Cost Obligation Uses: Project Fund Deposits: Project Fund Refunding Escrow Deposits: Cash Deposit Other Fund Deposits: Debt Servcie Reserve Fund Delivery Date Expenses: Cost of Issuance Underwriter's Discount Bond Insurance Premium Debt Servoce Reserve Fimd Siretu (3.25%) Other Uses of Funds: November 1, 2018 Interest Payment Additional Proceeds Total $ 16,095,000.00 $ 3,775,000.00 $ 19,870,000.00 $ (281,935.20) $ (13,640.30) $ (295,575.50) $ 1,334,006.33 $ $ 1,334,006.33 $ 23,004.98 $ $ 23,004.98 $ 578,392.54 $ $ 578,392.54 $ (268,677.00) $ $ (268,677.00) $ 17,479,791.65 $ 3,761,359.70 $ 21,241,151.35 $ - $ 3,531,123.06 $ 3,531,123.06 $ 16,393,983.50 $ - $ 16,393,983.50 $ 3000,309.38 5' 90,307.82 $ 390,617.20 $ 170,151.94 $ 41,047.01 $ 211,198.95 $ 160,962.62 $ 37,752.95 $ 198,715.57 $ 193,756.65 $ - $ 193,756.65 $ 10,283.19 $ 2,411.87 $ 12,695.06 $ 535,154.40 $ 81,211.83 $ 616,366.23 $ 250,344.37 $ 58,716.99 $ 309,061.36 $ 250,344.37 $ 58,716.99 $ 309,061.36 $ 17,479,791.65 $ 3,761,359.70 $ 21,241,151.35 Q Un m m p r� w CN W N n Ql N It N N C w M f6 m tD Ln to i-, O 3 Ch M O oo I� C y N N N G Q N V 0�0 � O N n } Y LL � Ln Ln d Q t n O� IlW O O 01 o O O Ln Ln N m N O n a n d' M 110 O V V1 Qu Q•` O N 'TW N N N i M m M oo LI r O N Q } w N N M N Qt u'1 O oo ri L a C 51 C N W N t '� � m V m' c0 lD C oo m r -I No oo a` 1 ti N M N N Y UJ i V V � 3 to V oo O 1 oo to O l0 O 1� N O1 N N V1 V1 O _ m Q i o L'U-1 m rn l v o 'y f� muc Di m Ln a) p' u v`ni � Ln m rn oo D. 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"' m - of ' d' O .m-� m N w m � 00 g a o v o G/ LO v = G m to N .V vi O O O Y N X O O O w U U U N 4 I_ N Exhibit B-2 Heritage Bay Community Development District Capital Improvement Revenue Refunding Bonds, Series 2018A-1 Capital Improvement Revenue Bonds, Series 2O18A-2 Lien Roll Parcel ID Series 2014 Annual DS Series 2014 PAR O/S Series 2018 PAR O/S Annual DS 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900069 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900085 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900108 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900124 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900140 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900166 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900182 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900205 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900221 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900247 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900263 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900289 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900302 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900328 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900344 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900360 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900386 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900409 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900425 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900441 5' 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900467 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900483 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900506 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900522 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900548 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900564 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900580 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900603 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900629 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900645 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900661 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900687 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900700 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900726 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900742 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 page 6 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900768 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900784 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900807 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900823 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900849 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900865 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900881 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900904 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900920 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900946 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900962 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900988 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528901000 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528901026 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528901042 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528901068 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528901084 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528901107 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 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10,069.66 $ 907.69 $ 697.84 76528908223 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528908249 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528908265 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528908281 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528908304 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528908320 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528908346 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 page 11 of 34 Parcel ID 2018-2029 Annual DS 2030-2036 PAR O/S _ 76528900027 $ 703.18 $ 8,656.95 $ 76528900043 $ 703.18 $ 8,656.95 $ 76528908362 $ 703.18 $ 8,656.95 $ 76528908388 $ 703.18 $ 8,656.95 $ 76528908401 $ 703.18 $ 8,656.95 $ 76528908427 $ 703.18 $ 8,656.95 $ 76528908443 $ 703.18 $ 8,656.95 $ 76528908469 $ 703.18 $ 8,656.95 $ 76528908485 $ 703.18 $ 8,656.95 $ 76528908508 $ 703.18 $ 8,656.95 $ 76528908524 $ 703.18 $ 8,656.95 $ 76528908540 $ 703.18 $ 8,656.95 $ 76528908566 $ 703.18 $ 8,656.95 $ 76528908582 $ 703.18 $ 8,656.95 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$ 703.18 $ 8,656.95 $ 76528908919 $ 703.18 $ 8,656.95 $ 76528909028 $ 703.18 $ 8,656.95 $ PAR O/S 2018-2029 2030-2036 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 10,069.66 $ 907.69 $ 697.84 page 12 of 34 Parcel ID Annual DS PAR O/S PAR 0/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909044 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909060 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909086 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909109 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909125 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909141 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909167 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909183 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909206 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909222 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909248 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909264 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909280 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909303 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909329 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909345 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909361 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909387 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909400 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909426 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909442 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909468 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909484 $ 703.18 $ 8,656.95 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$ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909824 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909840 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909866 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909882 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909905 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 page 13 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909921 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909947 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909963 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528909989 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528910004 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528910020 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528910046 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528910062 $ 703.18 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$ 10,069.66 $ 907.69 $ 697.84 76528911524 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528911540 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528911566 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528911582 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 page 14 of 34 Parcel ID PAR O/S Annual DS 2030-2036 PAR O/S 76528900027 $ 703.18 $ 8,656.95 76528900043 $ 703.18 $ 8,656.95 76528911605 $ 703.18 $ 8,656.95 76528911621 $ 703.18 $ 8,656.95 76528911647 $ 703.18 $ 8,656.95 76528911663 $ 703.18 $ 8,656.95 76528911689 $ 703.18 $ 8,656.95 76528911702 $ 703.18 $ 8,656.95 76528911728 $ 703.18 $ 8,656.95 76528911744 $ 703.18 $ 8,656.95 76528911760 $ 703.18 $ 8,656.95 76528911786 $ 703.18 $ 8,656.95 76528911809 $ 703.18 $ 8,656.95 76528911825 $ 703.18 $ 8,656.95 76528911841 $ 703.18 $ 8,656.95 76528911867 $ 703.18 $ 8,656.95 76528911883 $ 703.18 $ 8,656.95 76528911906 $ 703.18 $ 8,656.95 76528911922 $ 703.18 $ 8,656.95 76528911948 $ 703.18 $ 8,656.95 76528911964 $ 703.18 $ 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$ 1,134.62 $ 872.30 79873400486 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400509 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400525 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400541 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 16 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873400567 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400583 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400606 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400622 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400648 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400664 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400680 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400703 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400729 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400745 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400761 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400787 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400800 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400826 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400842 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400868 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400884 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400907 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400923 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400949 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400965 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873400981 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873401003 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873401029 $ 878.97 $ 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79873402125 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873402141 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873402167 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873402183 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873402206 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873402222 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 17 of 34 Parcel ID PAR O/S Annual DS 2030-2036 PAR O/S 76528900027 $ 703.18 $ 8,656.95 76528900043 $ 703.18 $ 8,656.95 79873402248 $ 878.97 $ 10,821.19 79873402264 $ 878.97 $ 10,821.19 79873402280 $ 878.97 $ 10,821.19 79873402303 $ 878.97 $ 10,821.19 79873402329 $ 878.97 $ 10,821.19 79873402345 $ 878.97 $ 10,821.19 79873402361 $ 878.97 $ 10,821.19 79873402387 $ 878.97 $ 10,821.19 79873402400 $ 878.97 $ 10,821.19 79873402426 $ 878.97 $ 10,821.19 79873402442 $ 878.97 $ 10,821.19 79873402468 $ 878.97 $ 10,821.19 79873402484 $ 878.97 $ 10,821.19 79873402507 $ 878.97 $ 10,821.19 79873402523 $ 878.97 $ 10,821.19 79873402549 $ 878.97 $ 10,821.19 79873402565 $ 878.97 $ 10,821.19 79873402581 $ 878.97 $ 10,821.19 79873402604 $ 878.97 $ 10,821.19 79873402620 $ 878.97 $ 10,821.19 79873402646 $ 878.97 $ 10,821.19 79873402662 $ 878.97 $ 10,821.19 79873402688 $ 878.97 $ 10,821.19 79873402701 $ 878.97 $ 10,821.19 79873402727 $ 878.97 $ 10,821.19 79873402743 $ 878.97 $ 10,821.19 79873402769 $ 878.97 $ 10,821.19 79873402785 $ 878.97 $ 10;821.19 79873402808 $ 878.97 $ 10,821.19 79873402824 $ 878.97 $ 10,821.19 79873402840 $ 878.97 $ 10,821.19 79873402866 $ 878.97 $ 10,821.19 79873402882 $ 878.97 $ 10,821.19 /98/3402905 $ 878.97 $ 10,821..19 79873402921 $ 878.97 $ 10,821.19 79873402947 $ 878.97 $ 10,821.19 79873402963 $ 878.97 $ 10,821.19 79873403522 $ 878.97 $ 10,821.19 79873403548 $ 878.97 $ 10,821.19 79873403564 $ 878.97 $ 10,821.19 79873403580 $ 878.97 $ 10,821.19 79873403603 $ 878.97 $ 10,821.19 79873403629 $ 878.97 $ 10,821.19 79873403645 $ 878.97 $ 10,821.19 page 18 of 34 PAR O/S 2018-2029 2030-2036 $ 10,069.66 $ 907.69 $ 697.84 $ 10,069.66 $ 907.69 $ 697.84 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1;134:62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 $ 13,652.65 $ 1,134.62 $ 872.30 page 18 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873403661 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403687 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403700 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403726 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403742 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403768 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403784 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403807 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403823 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403849 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403865 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403881 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403904 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403920 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403946 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403962 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873403988 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873404000 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873404026 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873404042 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873404068 $ 878.97 $ 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1,134.62 $ 872.30 79873410324 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410340 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410366 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410382 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410405 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410421 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410447 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410463 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 19 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873410489 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410502 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410528 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410544 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410560 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410586 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410609 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410625 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410641 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410667 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410683 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410706 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410722 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410748 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410764 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410780 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410803 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410829 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410845 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410861 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410887 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410900 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410926 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410942 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873410968 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411022 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411048 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411064 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411080 $ 878.97 $ 101.821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411103 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411129 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411145 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411161 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411187 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411200 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411226 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411242 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411268 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411284 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411307 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411323 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411349 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411365 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411381 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 20 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873411404 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411420 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411446 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411462 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411488 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411501 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411527 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411543 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411569 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411585 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411608 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411624 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411640 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411666 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411682 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411705 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411721 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411747 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873411763 $ 878.97 $ 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1,134.62 $ 872.30 79873420123 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420149 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420165 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420181 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420204 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420220 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420246 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420262 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420288 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420301 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 21 of 34 Parcel ID Annual DS PAR 0/S PAR 0/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873420327 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873420343 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 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1,134.62 $ 872.30 l 725734L11U6 ! .� 6/0.7/ " .? an I an 1V, OG1. S..7 t yl 1O G[7 cc .LJ, UJG VJ t y+ 1,1 24 G7 .L.1..J'r.vt $ 472 3v 79873421122 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421148 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421164 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421180 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421203 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421229 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421245 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421261 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421287 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421300 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 22 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873421326 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873421342 $ 878.97 $ 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79873428141 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428167 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428183 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428206 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428222 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428248 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428264 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428280 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428303 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428329 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428345 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 79873428361 $ 878.97 $ 10,821.19 $ 13,652.65 $ 1,134.62 $ 872.30 page 23 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 79873428387 $ 878.97 $ 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1,046.76 26145000062 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000088 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000101 1,054.76 $ 12,985.442 $ 15,459.67 1,361.54 $ 1,046.76 26145000127 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000143 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000169 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000185 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000208 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000224 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000240 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000266 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000282 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000305 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 page 24 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 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26145000583 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000606 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000622 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000648 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000664 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000680 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000703 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000729 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000923 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000949 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000965 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145000981 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001003 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001029 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001045 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 2 61 45001 06,1 $ 1,054,76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001087 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001100 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001126 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001142 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 226145001168 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,3`vi.54 $ i,V4v.7v 26145001184 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001207 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001223 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001249 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001265 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001281 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001304 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001320 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001346 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001362 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 page 25 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 26145001388 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001401 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001427 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001443 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001469 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001485 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001508 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001524 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001540 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001566 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001582 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001605 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001621 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001647 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001663 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001689 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001702 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001728 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001744 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001760 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001786 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001809 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001825 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145001841 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 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15,459.67 $ 1,361.54 $ 1,046.76 26145002167 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002183 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002206 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002222 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002248 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 page 26 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 26145002264 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002280 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002303 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002329 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002345 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002361 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002387 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002400 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002426 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002442 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002468 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002484 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002507 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002523 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002549 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002565 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002581 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002604 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002620 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002646 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145002662 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 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1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003328 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003344 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003360 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003386 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003409 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003425 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003441 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003467 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 page 27 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 26145003483 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003506 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003522 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 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12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003849 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003865 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003881 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003904 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003920 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003946 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003962 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145003988 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004000 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004026 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004n42 $ 1,n54.76 $ 12,985.42 $ 15;459.67 $ 1;361.54 $ 1,046.76 26145004068 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004084 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004107 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004123 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004149 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004165 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004181 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 26145004204 $ 1,054.76 $ 12,985.42 $ 15,459.67 $ 1,361.54 $ 1,046.76 49660078789 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078802 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078828 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078844 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078860 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078886 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078909 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 page 28 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 49660078925 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078941 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078967 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660078983 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079005 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079021 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079047 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079063 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079089 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079102 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079128 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079144 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079160 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079186 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079209 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079225 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079241 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079445 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079461 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079487 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079500 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079526 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079542 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079568 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079801 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079827 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079843 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079869 $ 1;494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079885 $ 1,494,25 $ 18 396,02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079908 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079924 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079940 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079966 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660079982 $ 1,494.25 $ 18,3396.02 .r ? �� �nc 23, 413 - VV 49660080007 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660080023 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660080049 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660080065 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660080081 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660080104 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087165 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087181 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087204 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087220 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 page 29 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 49660087246 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087262 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087288 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087301 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087327 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087343 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087369 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087385 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087408 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087424 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087440 $ 1,494.25 $ 18,396.02 $ 23,453.06 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$ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087767 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087783 $ 1;494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087806 $ 1,494.25 $ 18;396.02 5 23,453.06 $ 1,928.85 $ 1,482.91 49660087822 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087848 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087864 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087880 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087903 $ 1,494.25 $ 18,396.02 ? 11 ArO nc LJ,VJJ.VV 1 0I4 4 1 -,482.91 49660087929 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087945 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087961 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660087987 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660088009 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660088025 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660088041 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660088067 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660088083 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 49660088106 $ 1,494.25 $ 18,396.02 $ 23,453.06 $ 1,928.85 $ 1,482.91 page 30 of 34 Parcel ID Annual DS 2018-2029 PAR O/S 76528900027 $ 703.18 $ 8,656.95 76528900043 $ 703.18 $ 8,656.95 49660088122 $ 1,494.25 $ 18,396.02 49660088148 $ 1,494.25 $ 18,396.02 49660088164 $ 1,494.25 $ 18,396.02 49660088180 $ 1,494.25 $ 18,396.02 49660088203 $ 1,494.25 $ 18,396.02 49660088229 $ 1,494.25 $ 18,396.02 49660088245 $ 1,494.25 $ 18,396.02 49660088261 $ 1,494.25 $ 18,396.02 49660088287 $ 1,494.25 $ 18,396.02 49660088300 $ 1,494.25 $ 18,396.02 49660088326 $ 1,494.25 $ 18,396.02 49660088342 $ 1,494.25 $ 18,396.02 49660088368 $ 1,494.25 $ 18,396.02 49660088384 $ 1,494.25 $ 18,396.02 49660088407 $ 1,494.25 $ 18,396.02 49660088423 $ 1,494.25 $ 18,396.02 49660088449 $ 1,494.25 $ 18,396.02 49660088465 $ 1,494.25 $ 18,396.02 49660088481 $ 1,494.25 $ 18,396.02 49660088504 $ 1,494.25 $ 18,396.02 49660088520 $ 1,494.25 $ 18,396.02 49660088546 $ 1,494.25 $ 18,396.02 49660088562 $ 1,494.25 $ 18,396.02 49660088588 $ 1,494.25 $ 18,396.02 49660090026 $ 1,494.25 $ 18,396.02 49660090042 $ 1,494.25 $ 18,396.02 49660090068 $ 1,494.25 $ 18,396.02 49660090084 $ 1,494.25 $ 18,396.02 49660090107 $ 1;494.25 $ 18,396.02 49660090123 $ 1,494.25 $ 18,396.02 49660090149 $ 1,494.25 $ 18,396.02 49660090165 $ 1,494.25 $ 18,396.02 49660090181 $ 1,494.25 $ 18,396.02 49660090204 $ 1,494.25 $ 18,396.02 49660090220 $ 1,494.25 $ 18,396.02 49660090246 $ 1,494.25 $ 18,396.02 49660090262 $ 1,494.25 $ 18,396.02 49660090288 $ 1,494.25 $ 18,396.02 49660090301 $ 1,494.25 $ 18,396.02 49660090327 $ 1,494.25 $ 18,396.02 49660090343 $ 1,494.25 $ 18,396.02 49660090369 $ 1,494.25 $ 18,396.02 49660090385 $ 1,494.25 $ 18,396.02 49660090408 $ 1,494.25 $ 18,396.02 page 31 of 34 PAR O/S 2018-2029 2030-2036 $ 10,069.66 $ 907.69 $ 697.84 $ 10,069.66 $ 907.69 $ 697.84 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,45.3.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 2Q,n53,n6 $ 1 g7R,R5 $ 1;482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 $ 23,453.06 $ 1,928.85 $ 1,482.91 page 31 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 24171000067 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000083 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000106 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000122 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000148 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000164 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000180 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000203 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000229 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000245 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000261 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000287 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000300 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000326 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000342 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000368 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000384 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000407 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000423 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000449 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000465 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000481 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000504 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000520 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000546 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000562 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000588 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000601 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000627 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000643 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000669 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000685 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000708 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171VUU724 $ 2,362.85 .� � L9,V89.62 t � 37 noc -'2 ,vov.J� C y 11rr) J,V✓V.!lQ V✓ $ '),:MA Q3 24171000740 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000766 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000782 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000805 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000821 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000847 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000863 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000889 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000902 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000928 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 page 32 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 24171000944 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000960 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171000986 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001008 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001024 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001040 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001066 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001082 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001105 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 24171001121 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061026 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061042 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061068 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061084 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061107 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061123 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061149 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061165 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061181 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061204 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061220 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061246 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061262 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061288 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061301 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061327 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061343 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061369 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061385 $ 2,362,85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061408 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061424 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061440 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061466 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 4966006"1482 $ 2,362.85 $ 29,089.62 $ 37,C0'6.32 $ 3,050.09 $ 2,344.93 49660061505 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061521 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660061547 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093023 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093049 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093065 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093081 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093104 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093120 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093146 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 page 33 of 34 Parcel ID Annual DS PAR O/S PAR O/S 2018-2029 2030-2036 76528900027 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 76528900043 $ 703.18 $ 8,656.95 $ 10,069.66 $ 907.69 $ 697.84 49660093162 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093188 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093201 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093227 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093243 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093269 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660093285 $ 2,362.85 $ 29,089.62 $ 37,086.32 $ 3,050.09 $ 2,344.93 49660078187 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078200 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078226 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078242 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078268 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078284 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078307 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078323 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078349 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078365 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078501 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078527 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078543 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078569 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078585 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078608 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078747 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 49660078763 $ 2,552.25 $ 31,421.33 $ 41,185.22 $ 3,294.57 $ 2,532.89 rounding $ 1.76 -2.56 $1,308,563.92 $16,110,000.00 $19,870,000.00 $1,689,155.42 $1,298,635.14 page 34 of 34 RESOLUTION 2018-10 A RESOLUTION OF THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT SUPPLEMENTING RESOLUTIONS 2018-6 AND 2018-9, ADOPTING AN AMENDED SUPPLEMENTAL ENGINEER'S REPORT FOR HERITAGE BAY CDD PREPARED BY CPH, INC. AND DATED , 2018 DESCRIBING THE SUPPLEMENTAL PROJECT OF THE DISTRICT; ADOPTING AN AMENDED SUPPLEMENTAL ASSESSMENT ALLOCATION REPORT FOR CAPITAL IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2018A-1 AND CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2018A-2 PREPARED BY INFRAMARK, LLC AND DATED , 2018; AND PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors of Heritage Bay Community Development District (the "Board" and the "District" respectively) previously completed the sale and issuance of $16,095,000 Heritage Bay Community Development District Capital Improvement Revenue Refunding Bonds, Series 2018A-1 and $3,775,000 Heritage Bay Community Development District Capital Improvement Revenue Bonds, Series 2018A-2 (collectively, the "Series 2018 Bonds") pursuant to the delegation resolution known as Resolution No. 2018-7 adopted by the Board on March 26, 2018; and WHEREAS, the Series 2018 Bonds were issued for the purposes that included refunding all of the District's outstanding Capital Improvement Revenue Refunding Bonds, Series 2014 relating to the District's "2005 Project" and constructing, acquiring and/or improving certain public improvements known as the District's "Supplemental Project", all as described and defined in Resolution No. 2018-6. The Supplemental Project was defined as those public improvements described in that certain Supplemental Engineer's Report for Heritage Bay CDD prepared by CPH, Inc. and dated January 19, 2018 (the "Supplemental Engineer's Report"); and WHEREAS, the District previously adopted Resolution No. 2018-6, equalizing, approving, confirming, imposing and levying special assessments on the property specially benefited by the 2005 Project and the Supplemental Project as described in Resolution No. 2018-6 (the "Assessments") for the purpose of generating funds to repay the Series 2018 Bonds; and WHEREAS, pursuant to and consistent with the terms of Resolution No. 2018-6 relating to the Assessments, the Board previously adopted Resolution No. 2018-9 as a supplement to Resolution No. 2018- 6. Resolution No. 2018-9 adopted that certain Heritage Bay Community Development District Supplemental Assessment Allocation Report for Capital Improvement Revenue Refunding Bonds, Series 2018A-1 and Capital Improvement Revenue Bonds, Series 2018A-2 prepared by Inframark, LLC and dated April 17, 2018 ("Prior Supplemental Assessment Allocation Report"), set forth the terms of the Assessments for the Series 2018 Bonds, adopted a final assessment roll for the Series 2018 Bonds consistent with the final terms of the Series 2018 Bonds issued by the District, and ratified and confirmed the lien of the levy of the Assessments securing the Series 2018 Bonds; and WHEREAS, due to necessary modifications to the Supplemental Project, the District desires to adopt that certain Amended Supplemental Engineer's Report for Heritage Bay CDD prepared by CPH, Inc. and dated , 2018, a copy of which is attached hereto and made a part hereof as Exhibit "A" ("Amended Supplemental Engineer's Report"); and Resolution 2018-10 Heritage Bay Community Development District WHEREAS, in connection with the adoption Amended Supplemental Engineer's Report and although there are no changes to the allocation of the Assessments against the benefitted properties within the District, in order to clarify the record the Board also desires to adopt that certain Amended Supplemental Assessment Allocation Report For Capital Improvement Revenue Refunding Bonds, Series 2018A -land Capital Improvement Revenue Bonds, Series 2018A-2 Prepared By Inframark, LLL and dated _ 2018, a copy of which is attached hereto and made a part hereof as Exhibit `B" ("Amended Supplemental Assessment Allocation Report"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS: SECTION 1. DEFINITIONS. All words and phrases used herein in capitalized form, unless otherwise defined herein, shall have the meaning ascribed to them in Resolution No. 2018-6. SECTION 2. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapter 190, Florida Statutes, including without limitation, Sections 190.021 and 190.022, Florida Statutes; Chapter 170, Florida Statutes including without limitation, Section 170.08, Florida Statutes; and Chapter 197, Florida Statutes including, without limitation, Section 197.3632, Florida Statutes; and Resolution No. 2018-6. SECTION 3. AMENDED SUPPLEMENTAL ENGINEER'S REPORT. The Board hereby adopts the Amended Supplemental Engineer's Report. The Supplemental Project of the District shall hereinafter be that certain public improvement project described in the Amended Supplemental Engineer's Report. SECTION 4. AMENDED SUPPLEMENTAL ASSESSMENT ALLOCATION REPORT. The Board hereby adopts the Amended Supplemental Assessment Allocation Report, The Amended Supplemental Assessment Allocation Report shall supersede and replace the Prior Supplemental Assessment Allocation Report. SECTION 5. SEVERABILITY. If any section or part of a section of this Resolution is declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this Resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 6. CONFLICTS. This Resolution is intended to supplement Resolution Nos. 2018- 6 and 2018-9, which remain in full force and effect except to the extent modified herein. This Resolution, Resolution No. 2018-6, and Resolution No. 2018-9 shall be construed to the maximum extent possible to give full force and effect to the provisions of each resolution. All District resolutions or parts thereof in actual conflict with this Resolution are, to the extent of such conflict, superseded and repealed. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 2 Resolution 2018-10 Heritage Bay Community Development District PASSED AND ADOPTED by the Board of Supervisors of Heritage Bay Community Development District, this 121" day of July, 2018. Attest: Justin Faircloth, Secretary HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Edwin Hubbard, Chairman Exhibit A: Amended Supplemental Engineer's Report for Heritage Bay CDD prepared by CPH, Inc. and dated 2018 Exhibit B: Amended Supplemental Assessment Allocation Report For Capital improvement Revenue Refunding Bonds, Series 2018A -land Capital Improvement Revenue Bonds, Series 2018A-2 Prepared By Inframark, LLL and dated 12018 Resolution 2018-10 Exhibit "A" Heritage Bay Community Development District Resolution 2018-10 Exhibit "B" Heritage Bay Community Development District mdNew Member Application Muni Coverage Term: 10/01/2018 to 10/01/2019 Member Name: Heritage Bay Community Development District � .._ u °i !ti'jS7 Agency: Public Risk Insurance Agency 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2E 27 Print Date: 6/29/2018 COVERAGE INFORMATION - PROFESSIONAL LIABILITY - PUBLIC OFFICIALS & EMPLOYMENT PRACTICES THIS IS AN APPLICATION FOR "CLAIMS MADE AND REPORTED" COVERAGE PCI /FI I /FPI I New Resnnnse POL Limit: $1,000,000 POL Deductible: $5,000 EPLI Limit: $1,000,000 EPLI Deductible: $25,000 If renewal, skip to question 9. If new business - Illinois National Ins Co Who is your current POL/EPLI carrier? What is your current POL/EPLI Limit? $1,000,000/$1,000,000 What is your current POL/EPLI Deductible? $5,000/$25,000 Does your current POL/EPLI coverage have a Retro Date? If so, what is it? Has your POL/EPLI coverage ever been cancelled or N non -renewed? If yes, please explain in supplemental. Total Number of Board Members 5 Are Board Members Elected? (Y/N) Y If Board Members are appointed, by whom? Number of employees who hold professional designations i.e. Attorneys, architects, engineers, accountants etc. 0 Has any bond issue been defeated within the past three N years? (Y/N) If yes, has the proposal been resubmitted or is it expected to be resubmitted? Has the public entity been in default on the principal or N interest on any bond? If yes to any bond related questions, please give details. Do you have a zoning commission? (Y/N) Does your legal counsel attend all meetings of the planning and zoning board? Do officials receive training with respect to 'open meetings" and hearing regulations? Do you have a written master plan for economic development? If so, 4 digit year last updated? Do you have formally approved land use ordinances that have be reviewed by legal counsel? Do you have a formal procedure to file for a variance to land use statutes? Do you have a formal process for application and approval of permits and licenses? Do you have a formal written policy prohibiting elected officials and/or board members from sitting on decisions in which they may have a conflict of interest? If with Preferred less than 5 years, have you had any disputes or claims involving a wrongful "taking", zoning variance or land use right? If yes, provide details within loss summary. Initial Date 1 1 ( d New Member Application Muni Prf md Coverage Term: 10/01/2018 to 10/01/2019 Member Name: Heritage Bay Community Development District usCv Bry' �, it Elpl(f Agency: Public Risk Insurance Agency 28 29 30 31 32 3c 3z 3E 3( 3' 31 3' 4 4 4 4 4 4 L COVERAGE INFORMATION - PROFESSIONAL LIABILITY - PUBLIC OFFICIALS & EMPLOYMENT PRACTICES THIS IS AN APPLICATION FOR "CLAIMS MADE AND REPORTED" COVERAGE New Response FVL/LLL/L1 LI If with Preferred less than 5 years, have you had any disputes or claims involving the approval of building permits, design, or code enforcement? If yes, provide details within loss summary. If with Preferred less than 5 years, have you had any disputes, claims, or complaints involving open or closed landfills? If yes,provide details within loss summary. Number of employees reported on IRS Form 1099(no FEIN) 0 and/or who have written employment agreements Total involuntary turnover percentage during the last 3 years 0 Total voluntary turnover percentage during the last 3 years 0 Average length of employment for all employees 0 Do supervisors receive training in the proper implementation of your policies and procedures? Is training documented in their personnel file? Enter 4 digit year employment manual written or last 0 updated. Is employment manual reviewed by counsel experienced and qualified in employment law? 1 Do policies and procedures comply with state and federal guidelines? I Is this manual distributed to all employees upon hiring? ) If no, please explain why not. I Do you have a written policy with respect to both sexual and non -sexual harrassment? >_ Do you follow a formal written procedure for employee disputes/complaints? 3 Are all actions to dismiss or demote employees reviewed in advance by legal counsel? _ 4 Do you require that due process be served and documented for all proceedings involving dismissal, demotion, or suspension? 5 Are all probationary or disciplinary actions recorded in writing and signed by the employee? 6 Have job descriptions been drafted for regular full-time 1JVJIlIVIIJ: 7 Are you an Equal Opportunity Employer? 8 Over the last 5 years has any person made a claim alleging unfair or improper treatment regarding employee hiring, N remuneration, advancement, or termination of employment ? If yes, explain under Supplement Section. 9 Answer if with Preferred less than 5 years. Has any claim been made against the entity or any person in their capacity N as an official or employee of the entity? If yes, explain under Supplement Section. 0 Does any official or employee have any knowledge of any fact, circumstance or situation which might reasonably be N expected to give rise to a claim? If yes, explain under '-" nl ement Sactinn Initial; Date 1i< a Print Date: 6129/2018 mdNew Member Application Muni Coverage Term: 10/01/2018 to 10/01/2019 Member Name: Heritage Bay Community Development District m"i1;il. i l{ i;ljj; Agency: Public Risk Insurance Agency PROFESSIONAL LIABILITY IT IS AGREED THAT IF ANY SUCH FACT, CIRCUMSTANCE OR SITUATION NOT LISTED/DISCLOSED HEREIN, THEN ANY CLAIM BASED UPON, ARISING OUT OF, OR ATTRIBUTABLE THERETO, IS EXCLUDED FROM THE COVERAGE BEING APPLIED FOR. The undersigned being authorized by, and acting on behalf of the applicant and all persons or concerns seeking coverage, has read and understand this Application, and declares all statements set forth herein are true, complete and accurate. The undersigned further declares and represents that any occurrence or event taking place prior to the inception of the coverage agreement applied for, which may render inaccurate, untrue or incomplete any statement made herein will immediately be reported in writing to the Trust. The undersigned acknowledges and agrees that the submission and the Trust's receipt of such written report, prior to the inception of the coverage agreement applied for, is a condition precedent to coverage. The signing of this Application does not bind the undersigned to purchase coverage, nor does the review of this Application bind Preferred to issue a coverage agreement. This Application shall, however, be the osis of the contract, should a coverage agreement be issued. Signed; '� V Title �l�l�Lrlr�/ Date % i! FS This Application must he signed by the "Ranking Elected /Appointed Official" of the Entity making the application (e.g. Mayor /Manager /equivalent Officer) or the Risk Manager (or ranking official) assigned this function. SIGNATORY ABOVE IS ALSO TO INITIAL EACH AND EVERY PAGE OF THIS APPLICATION. IMPORTANT NOTICE: SHOULD THE SIGNED APPLICATION DIFFER IN ANYWAY FROM THE APPLICATION SUBMITTED FOR UNDERWRITING/RATING PURPOSES, THE TERMS, CONDITIONS AND PREMIUM AS REFLECTED ON QUOTE/BINDER/COVERAGE AGREEMENT MAY BE SUBJECT TO CHANGE. Initial! Date; Print Date: 612912018 WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the @bahy or its political subdivisions for use in the affected area upon the request of the duly constituted authority ofthe area; and WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252, among political subdivisions within the State; and NOW, THEREFORE, be it resolved by Heritage Bay Community Development District that in order to maximize the prompt, full and effective use of resources of all Statewide Mutual Aid Agreement which is attached hereto and incorporated by reference as Exhibit "A". PASSED AND ADOPTED by the Board of Supervisors of Heritage Bay Community Development District this 12th day of July, 2018. /A -FEST: ol Aecretary/Asst. Secretary I certify that the foregoing lzs dan accurate copy ofResolution 2O1B'11 HERITAGE BAY COMMUNITY DSTRICT IMMUMMEM STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Date: Director COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA By: By: 't Title: Title: Date: -7117,11F Approved as to Foan: By: Attorney for District Date: 22 y n��(lp pti Yp�i STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT RICK SCOTT WESLEY MAUL Govemor Director STATEWIDE MUTUAL AID AGREEMENT This Agreement is between the FLORIDA DIVISION OF EMERGENCY MANAGEMENT ("Division") and the local government signing this Agreement (the "Participating Parties"). This agreement is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the emergency with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, Chapter 252, provides each local government of the state the authority to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Pursuant to Chapter 252, the Division has the authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which shall be referred to as the Statewide Mutual Aid Agreement ("SMAA"). B. The "Division" is the Division of Emergency Management C. The "Participating Parties" to this Agreement are the Division and any and all special districts, educational districts, and other local and regional governments signing this Agreement. D. The "Requesting Parties" to this Agreement are Participating Parties who request assistance during an emergency. E. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in an emergency to a Requesting Party. F. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer to manage and coordinate assistance to local governments during an emergency. G. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Florida Statutes. H. The "State Coordinating Officer" is the official whom the Governor designates, by Executive Order, to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order, Chapter 252, Florida Statutes, and the State Comprehensive Emergency Management Plan. I. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in an emergency, and shall include both the time necessary for the resources and ,el of the sssisstmg Party to travel to the -lace enecifiPrl by the PPnnPctino Pat-tv aur) the time 'fieri^vnr�... �.... . >.,�.�«.. ...�,. travel necessary to return them to their place of origin or to the headquarters of the Assisting Party. I A "special district" is any local or regional governmental entity which is an independent special district within the meaning of section 189.012(3), Florida Statutes, regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. 2 K. An "educational district" is any school district within the meaning of section 1001.30, Florida Statutes and any community school and state university within the meaning of section 1000.2 1, Florida Statutes. L. An "interlocal agreement" is any agreement between local governments within the meaning of section 163.01(3)(a), Florida Statutes. M. A "local government" is any educational district or any entity that is a "local governmental entity" within the meaning of section 11.45(1)(e), Florida Statutes. N. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act. ARTICLE II. ARplicabilitX of the Agr m n . A Participating Party may request assistance under this Agreement for a "major" or "catastrophic disaster" as defined in section 252.34, Florida Statutes. If the Participating Party has no other mutual aid agreement that covers a "minor" disaster or other emergencies too extensive to be dealt with unassisted, it may also involve assistance under this Agreement for a "minor disaster" or other such emergencies. ARTICLE III. Invocation of the Agreement. in the event of an emergency or threatened ernnergency, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party, or from the Division if, in the judgment of the Requesting Party, its own resources are inadequate to meet the emergency ..... . b" ,.. J . A. Any request for assistance under this Agreement may be oral, but within five (5) calendar days must be eonfirned in writing by the County Emergency Management Agency of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the emergency for which assistance is requested. 3 B. All requests for assistance under this Agreement shall be transmitted by County Emergency Management Agency of the Requesting Party to either the Division, or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Division, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. The Division shall relay any requests for assistance under this Agreement to such other Participating Parties as it may deem appropriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the State's Comprehensive Emergency Management Plan. D. Nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equipment, supplies, services and other resources that are staged by the Division, or by other agencies of the State of Florida, for use in responding to an emergency pending the assignment of such personnel, equipment, supplies, services and other resources to an emergency support function/mission. The documentation, payment, repayment, and reimbursement of all such costs shall be rendered in accordance with the Comprehensive Emergency Management Plan, and general accounting best practices procedures and protocols. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Requesting Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. hi providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; 4 C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or strictures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable that its personnel, equipment, resources and capabilities can render assistance. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form B attached to this Agreement, and the completion of Form B by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 5 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any conununications and telecommunications equipment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. F. The estimated costs of the provision of assistance (use FEMA's Schedule of Equipment Rates spreadsheet attached to Form B.) WI Y[ONDILTLA Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisor(s) of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) calendar days' notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the .scene of calastrophic and m_cjor- disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equipment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters and other emergencies, the Requesting Party shall be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, it shall to the fullest extent practicable, 6 coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical specifications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, responsibilities, immunities, rights, interests, and privileges incident to their usual employment. If persomrel of the Assisting Party hold local licenses or certifications limited to the county or municipality of issue, then the Requesting Party shall recognize and honor those licenses or certifications for the duration of the support. ARTICLE VII. ProceduLes for Reimbursement. Unless the Division or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reimbursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. In accordance with this Agreement, the Division shall pay the costs incurred by an Assisting Party in responding to a request that the Division initiates on its own, and not for another Requesting Party. B. An Assisting Party shall bill the Division or other Requesting Party as soon as practicable, but not later than thirty (30) calendar days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Division or the Requesting Party protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) calendar days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) calendar days shall constitute agreement to the bill and the items on the bill and waive the right to contest the bill. D. If the Division protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) calendar days from the date of protest to present the bill or item to the original 7 Requesting Party for payment, subject to any protest by the Requesting Party. E. if the Assisting Party cannot reach a mutual agreement with the Division or the Requesting Party to the settlement of any protested bill or billed item, the Division, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liability for the protested bill or billed item in accordance with Section F of this Article. F. If the Division or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party, or any other official of another Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference within thirty (30) calendar days to consider any documents and any statements or arguments by the Department, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) business days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Division, or if an Assisting Party has rendered assistance without being requested to do so by the Division, the Division shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency (FEMA) for the reimbursement of costs incurred by any Participating Party shall be made by and through the Division. I. If FEMA denies any request for reimbursement of costs which the Division has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Division, but the Division may waive such repayment for cause. ARTICLE VIII. R Costs Eligible for Reimbursement. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employees and the Assisting Party, the employees shall have all the duties, responsibilities, immunities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reirnburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established in FEMA's Schedule of Equipment Rates (attached to Form B), or at any other rental rate agreed to by the Requesting Party. In order to be eligible for reimbursement, equipment must be in actual operation performing eligible work. The labor costs of the operator are not included in the rates and should be approved separately from equipment costs. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of Riel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. 9 C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present information sufficient to meet the audit requirements specified in the regulations of FEMA and any applicable circulars issued by the State of Florida Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Division and the Requesting Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays, except for official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the requirements of the Workers' Compensation Act, as amended, affording coverage for any of its employees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability coverage for any 10 activities that may be performed tinder the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. C. Any Participating Party that is self-insured with respect to any line or lines of insurance shall file with the Division copies of all resolutions in current effect reflecting its determination to act as a self - insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. Gawral Reauirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the performance of this Agreement: A. To the extent that assistance under this Agreement is fimded by State fiinds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be submitted in detail sufficient for auditing purposes. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with section 1.12.061, Florida Statutes, and any applicable 11 requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restrictions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any conununication to the Division under this Agreement shall be sent to the Director, Division of Emergency Management, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Any coinmunication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form C attached to this Agreement. For the purpose of this Section, any such comtnunication may be sent by the U.S. Mail, e-mail, or by facsimile. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A_ The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the 12 Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before that date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. F. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Pni-ticinating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interl1retalion and AVnlieation of Agreement. The interpretation and application of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, 13 obligations, duties, responsibilities, and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities, and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities, or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is Ailed unenforceable or invalid, every other sentence, clause, please, or other portion of the Agreement shall remain in frill force and effect, it being the intent of the Division and the other Participating Parties that every portion of the Agreement shall be severable from every other portion to the fiillest extent practicable. The Division reserves the right, at its sole and absolute discretion, to change, modify, add, or remove portions of any sentence, clause, phrase, or other portion of this Agreement that conflicts with state law, regulation, or policy. If the change is minor, the Division will notify the Participating Party of the change and such changes will become effective immediately; therefore, please check these terms periodically for changes. If the change is substantive, the Participating Party may be required to execute the Agreement with the adopted changes. Your continued or subsequent use of this Agreement following the posting of minor changes to this Agreement will mean you accept those changes. E. The waiver of any obligation or condition in this Agreement by a Participating Party shall not be construed as a waiver of any other obligation or condition in this Agreement. NOTE: On February 26, 2018, this Agreement was modified by the Division of Emergency Management. This document replaces the August 20, 2007 edition of the Statewide Mutual Aid Agreement; however, any and all Agreements previously executed shall remain inn full force and effect. Any local government, special district, or educational institution which has yet to execute this Agreement should use the February 26, 2018 edition for the purposes of becoming a signatory. IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: 14 FOR ADOPTION BY A COUNTY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Dircetor ATTEST: CLERK OF THE CIRCUIT COURT Deputy Clerk Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY, STATE OF FLORIDA By: Chairman Date: Approved as to Form: County Attorney 15 FOR ADOPTION BY A CITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Directot ATTEST: CITY CLERK By: Title: Date: CITY OF STATE OF FLORIDA By: Title: Date: Approved as to Form: By: City Attorney 16 FOR ADOPTION BY AN EDUCATIONAL DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: _ Director STATE OF FLORIDA By: Title: Date: SCHOOL DISTRICT, By: Title: Date: Approved as to Form: 0 Attorney for District 17 FOR ADOPTION BY A COMMUNITY COLLEGE OR STATE UNIVERSITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Director ATTEST: Clerk Date: BOARD OF TRUSTEES OF COMMUNITY COLLEGE, STATE OF FLORIDA BOARD OF TRUSTEES OF UNIVERSITY, STATE OF FLORIDA By: Chairman Date: Approved as [o Form: By: Attorney for Board I: FOR ADOPTION BY A SPECIAL DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Date: Director STATE OF FLORIDA Title: SPECIAL DISTRICT, By: Title: Date: Approved as to Form: By: Attorney for District fL' FOR ADOPTION BY AN AUTHORITY STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT to Director ATTEST: I: Clerk Date: BOARD OF TRUSTEES OF AUTHORITY, STATE OF FLORIDA By: Chairman Date: Approved as to Form: HIM 20 Attomey for Board EOR ADOPTION BY A NATIVE AMERICAN TRIBE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Director ATTEST: Council Clerk Date: TRIBAL COUNCIL OF THE TRIBE OF FLORIDA By: Chairman Date: Approved as to Form: By: Attorney for Council 21. FOR ADOPTION BY A COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Director COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA Title: Date: By: Title: Date: Approved as to Form: By: Attorney for District Date: 22 FORM C CONTACT INFORMATION FOR AUTHORIZED REPRESENTATIVES Name of Government: Mailing Address: Authorized Representative Contact Information Primary Authorized Representative Name: Title: Address: Day Phone: Night Phone: Facsimile: Email: 1 sc Alternate Authorized Representative Name: Title: Address: Day Phone: Night Phone: F acsirniie: Email: 2A Alternate Authorized Representative Name: Title: Address: Day Phone: Night Phone: Facsimile: Email: * * *PLEASE UPDA TE AS ELECTIONS OR APPOINTMENTS OCCUR 23 SAMPLE AUTHORIZING RE,SOLUTION FOR ADOP'T'ION OF STATEWIDE MUTUAL AID AGREEMENT RESOLUTION NO. WHEREAS, the State of Florida Emergency Management Act, Chapter 252, authorizes the State and its political subdivisions to provide emergency aid and assistance in the event of a disaster or emergency; and WHEREAS, the statutes also authorize the State to coordinate the provision of any equipment, services, or facilities owned or organized by the State or it political subdivisions for use in the affected area upon the request of the duly constituted authority of the area; and WHEREAS, this Resolution authorizes the request, provision, and receipt of interjurisdictional mutual assistance in accordance with the Emergency Management Act, Chapter 252, among political subdivisions within the State; and NOW, THEREFORE, be it resolved by that in order to maximize the prompt, full and effective use of resources of all participating govermnents in the event of an emergency or disaster we hereby adopt the Statewide Mutual Aid Agreement which is attached hereto and incorporated by reference. BY: TITLE: DATE: ADOPTED BY: DATE: I certify that the foregoing is an accurate copy of the Resolution adopted by 24 Attachment 1 STATEWIDE MUTUAL AID AGREEMENT Type or print all information except signatures Form B PART I TO BE COMPLETED BY THE REQUESTING PARTY Date: ime: Mission No: HRS local E-mail Point of Contact: Tele hone No: address: Assisting Party: Requesting Party: Incident Requiring Assistance: Type of Assistance/ Resources Needed use Part IV for additional space) Date & Time Resources Location Needed: (address): Approximated Date/Time Resources Released: Authorized Official's Name: Signature: Title: Agency: PART II TO BE COMPLETED BY THE ASSISTING PARTY E-mail Contact Person: Telephone No: address: Type of Assistance Available: Date & Time Resources Available To: Location (address): Approximate Total cost for mission: $ Equipment & Travel: $ Personnel: $ Materials: $ Contract Rental: $ uired from Requesting Party Yes (Provide information on attached Part IV) No fficial's Name: 71;;::] Signature: Local Mission No: ke TO BE COMPLETED BY THE REQUESTING PARTY Offic: Title: Agency: Revised: March 2018 Page 1 PART IV STATEWIDE MUTUAL AID AGREEMENT Type or print all information except signatures Form B (continued) MISCELLANEOUS ITEMS / OTHER MISSION INFORMATION Revised: March 2018 Page FEMA's SCHEDULE OF EQUIPMENT RATES DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY RECOVERY DIRECTORATE PUBLIC ASSISTANCE DIVISION WASHINGTON, DC 20472 The rates on this Schedule of Equipment Rates are for applicant owned equipment in good mechanical condition, complete with all required attachments. Each rate covers all costs eligible under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., for ownership and operation of equipment, including depreciation, overhead, all maintenance, field repairs, fuel, lubricants, tires, OSHA equipment and other costs incidental to operation. Standby equipment costs are not eligible. Equipment must be in actual operation performing eligible work in order for reimbursement to be eligible. LABOR COSTS OF OPERATOR ARE NOT INCLUDED in the rates and should be approved separately from equipment costs. Information regarding the use of the Schedule is contained in 44 CFR § 206.228 Allowable Costs. Rates for equipment not listed will be furnished by FEMA upon request. Any appeals shall be in accordance with 44 CFR § 206.206 Appeals. THESE RATES ARE APPLICABLE TO MAJOR DISASTERS AND EMERGENCIES DECLARED BY THE PRESIDENT ON OR AFTER SEPTMBER 1, 2017. re" code la Equipment De"Se ption Cost Code qi f atent ` Specifications Capacity or Size HP Notes Unit 2017 Rate 8010 Air Compressor Air Delivery 41 CFM to 10 Hoses included. hour $1.51 8011 Air Compressor Air Delivery 103 CFM to 30 Hoses included. hour $8.84 8012 Air Corepressor Air Delivery 130 CFM to 50 Hoses included. hour $11.14 8013 Air Compressor Air Delivery 175 CFM to 90 Hoses included. hour $18.39 8014 Air Compressor Air Delivery 400 CFM to 145 Hoses included_ hour $30.47 8015 Air Compressor Air Delivery _ 575 CFM to 230 Hoses included. hour $48.71 8016 jAIr Compressor Air Delivery 1100 CFM to 355 Hoses included, hour $92.88 6017 Air Compressor Air Delivery 1600 CFM to 500 Hoses included. hour $96.96 8040 jAmb.Wre, l0 150 hour $28.00 8041 Ambulance to 210 hour $40.50 8050 Board, Arrow _ _ to 8 Trailer Mounted. hour $4.43 8051 Board, Message to 5 Trailer Mounted. hour $11.61 8060 Auger, Portable Hole Diameter 16 In to 6 hour $2.14 8061 Auger, Portable Hole Diameter 18 In to 13 hour $4.30 8062 Auger, Tractor is ntd Max. Auger Diameter 36 In to 13 Includes digger, boom and mounting hardware. hour $3.16 Auger, Truck Mntd Max. Auger Size 24 In to 10o mounting hardware. Add this rate to tractor rate for total hour $34.28 Hydraulic Post Driver hour $35,10 r8065 Au er Horizontal Directional Boring Machine 250 X 100 300 DD-14CH YR -2003 hour S169.40 Auger Horizontal Directional Boring Machine 50 X 100 hour $31,95 8067 Auger, Directional Boring Mac ng nnaehine hour $36,97 8070 Automobile to 130 Transporting people. mile $0.535 8071 Automobile to 130 Transporting cargo. hour $12.32 8072 Automobile, Police to 250 Patrolling. mile $0.535 8073 Automohile, Police to 250 Stationary with engine running. hour $15.69 8075 Motorcycle, Police mile $0.505 8076 Automibile - Chevy Trailblazer 6 or 8 cl 285 to 300 hour $22.00 8077 Automobile - Ford Expedition Fire Command Center hour $19.00 8080 JAII Terrain Vehicle (ATV) Engine 110cc, 4 -Wheel; 20" lyre 6.5-7.5 hour $8.20 8081 All Terrain Vehicle (ATV) Engine 125cc, 4 -Wheel; 21" tyre 7.6-8.6 hour $8.50 8082 All Terrain Vehicle (ATV) Engine 150cc, 4 -Wheel; 22" tyre 9.0-10.0 hour $8.51 8083 All Terrain Vehicle (ATV) Engine 200cc, 4 -Wheal; 24" lyre 12-14.0 hour $9.00 8084 All Terrain Vehicle (ATV) Engine 250cc, 4 -Wheel; 24" tyre 15-17 hour $9.40 8085 All Terrain Vehicle (ATV) Engine 300cc, 4-Wheel; 24" tyre 18-20 hour $10.20 8086 All Terrain Vehicle ATV Engine 400cc. 4-Wheel; 25" tyre 26-28 hour $11.64 8087 All Terrain Vehicle (ATV) Engine 450cc, 4-Wheel, 25" tyre _ 26-28 hour $12.40 8088 All Terrain Vehicle (ATV) Engine 650cc, 4-Wheel: 25" tyre 38-40 hour $13.20 8089 All Terrain Vehicle (ATV) Engine 750cc, 4-Wheel, 25" tyre 44-46 hour $14.00 8110 Barge, Deck Size 50'x35'x7.25' I hour $49.10 8111 Barge, Deck Size 50'x35'x9' hour $58.70 8112 Barge, Deck Size 120'x45'xl0' hour I $109.50 8113 Barge, Deck Size 160'x45'x11" hour $133.75 8120 Boat, Tow Size 55'x20'x5' to B70 Steel. hour $317.54 8121 Boat, Tow Size 50'x21'x5' to 1050 Steel. hour $358.65 8122 1 Boat, Tow Size 70'x30'x7.5' to 1350 Steel. hour $569.00 8123 Boal, Tow Size 120'x34'x8' to 2000 Steel. hour $1,094.24 8124 Airboat 816AGIS Airboat w/spray unit 15'x8' 400 hour $31.00 8125 Airboat 815AGIS Airboat w/spray unit 15'x8' 425 hour $31.95 8126 Swamp Buggy Conquest 360 hour $39.25 8129 Compactor - -Ton Pavement Roller 2 ton hour $28.25 8130 1 Boat, Row _ _ Heavy duty. hour $1.44 8131 Boat, Runabout Size 13'x5' to 5c Outboard. hour $12.00 8132 Boat, Tender Size 14'x7' to 1 DO Inboard with 360 degree drive. hour $16.50 8133 Boat, Push Size 45'x2l'x6' to 435 Flat hull. hour $217.20 8134 Boat, Push Size 54'x2l'x6' to 525 Flat hull. hour $267.35 8135 Boat, Push Size 58'x24'x7.5' to 705 Flat hull. hour $325.35 8136 Boat, Push Size 64'x25'x8' to 870 Flat hull. hour $358.50 _ 8140 Boat, Tug Length 16 Ft to 100 hour $42.60 Tug Length 18 Ft to 175 hour $62.55 Boat, Tug Length 26 Ft to 250 hour $78.95 Boat, Tug Length 40 Ft to 380 hour $196.50Boat, Tug Length 51 Ft to 700 hour $271.85Boat, F141Boat, Inflatable Rescue Raft Zodiac hour $1.10Boat, Runabout 15441bs 11 passenger capacity 190-250 hour 562.552000 Boat, removable engine Johnson Outboard Motor w 15" shaft 15 hour $1.50 Broom, Pavement Broom Length 72 In to 35 hour $24.50 8151 Broom, Pavement Broom Length 96 In to 100 hour $27.60 8153 Broom, Pavement, Mntd Broorn Length 72 In to 18 Add Prime Mover cost for total rate hour $6.2D 8154 Broom, Pavement, Pull Broom Length 84 In to 20 Add Prime Mover cost for total rate hour $20.77 11 8157 Sweeper, Pavement to 110 hour $7670 8158 Sweeper, Pavement to 230 hour $96.80 8180 Bus to 150 _. hour $20.95 8181 Bus to 210 hour $25.45 8182 Bus to 300 hour $38,35 8183 Blower Gasoline powered Toro Pro Force 27 hour $15.37 8184 Back-Pack Blower to 4.4 hour $1.50 8185 W2Ik-Behind Blower 13 hour $6.50 8187 Chainsaw 20" Bar, 3.0 cu in hour $1.40 8188 Chainsaw 20" Bar 5.0 cu in hour $2.45 8189 Chainsaw 20" Bar 6.0 cu in hour $2.65 8190 Chain Saw Bar Length 16 In hour $1.70 8191 Chain Saw Bar Length 25 In hour $3.45 8192 IChain Saw, Pole Bar Size 18 In hour $1.25 8193 Skidder model 748 E to 173 hour _ $52.70 8194 Skidder model 648 G11 to 177 hour $104.30 8195 Cutter, Brush Cutter Size B ft to 150 hour $115.35 8196 Cutter, Brush Cutter Size B It to 190 hour $129.35 8197 lCutter, Brush Cutter Size 10 ft to 245 hour $136.30 8198 Bruncher Cutter Cutter, Brush - 247 hp, 1997 Model 511 Feller to 247 hour $187.75 8199 Log Trailer 40 tt hour $9.90 8200 Chipper, Brush Chipping Capacity 6 In to 35 Trailer Mounted. hour $8.60 8201 Chipper, Brush Chipping Capacity 9 In to 65 Trailer Mounted. hour $16.86 8202 Chipper, Brush Chipping Capacity 12 In to 10o Trailer Mounted. hour $24.31 8203 lChipper, Brush Chipping Capacity 15 In to 125 Trailer Mounted. hour $35.00 Chipper, Brush Chipping Capacity 18 In to 200 Trailer Mounted. hour $50.10 Loader- Tractor- Knuckleboom model Barko 595 ML to 173 hour $161.89 Loader- Wheel model 210 wl Buck Saw 50 inch Bar to 240 hour $97.00 Clamshell & Dragline, Crawler 149,999 lbs to 235 Bucket not included in rate. hour $127.40 Clamshell & Dragline, Crawler 250,000 lbs to 520 Bucket not included in rate. hour $166.20 [820 Clamshell & Dragline, Truck to 240 Burket not included in rate. hour $145.00 Compactor to 10 hour $15.10 Compactor, towed, Vibratory Drum to45 hour $31.70 Compactor, Vibratory, Drum to75 hour $22.30 Compactor, pneumatic, wheel to 100 hour $26.00 Com actor, Sanitation to 300 hourCompactor, Sanitation to 400 hour $152.30 8227 Compactor, Sanitation 535 hour $249.75 8228 Compactor, towed, Pneumatic, Wheat 10000 Ibs Include prime mover rate hour $17.00 8229 Compactor, towed, Drum Static 20000lbs _ Include prime mover rate hour $15.80 8240 1 Feeder, Grizzly to 35 hour $22.20 8241 Feeder, Grizzly to 55 hour $32.45 8242 Feeder, Grizzly to 75 hour $64.25 8250 Dozer, Crawler to 75 hour $51,30 8251 Dozer, Crawler to 105 hour $38.30 8252 Dozer, Crawler to 160 hour $93.74 8253 Dozer, Crawler to 250 hourF$294.10 49.75 8254 Dozer, Crawler to 360 hour01.10 8255 Dozer, Crawler to 565 hour11.80 8256 Dozer, Crawler to 850 hour 8260 Dozer, Wheel " to 300 hour61.00 8261 Dozer, Wheel 10 400 hour94.10 8262 Dozer, Wheel to 500 hour S178.65 8263 Dozer, Wheel to 625 hour S239.60 8269 Box Scraper 3 hitch attach for tractor; 2007 Befco hour $3.5C) 8270 Bucket, Clamshell Capacity 1.0 CY Includes teeth. Does net include Clamshell & Dragline hour $4,62 8271 Bucket, Clamshell Capacity 2.5 CY Includes teeth. Does not include Clamshell & Dragline hour $8.73 8272 Bucket, Clamshell Capacity 5.0 CY Includes teeth. Does not include Clamshell & Dragline hour $13,10 8273 Bucket, Clamshell Capacity 7.5 CY Includes teeth. Does not include Clamshell & Dragline hour $22.40 8275 Bucket, Dragline Capacity "., 2.0 CY Does not include Clamshell & Dragline hour $3.96 8276 Bucket, Dragline Capacity 5.0 CY Does not include Clamshell & Dragline hour $9.90 8277 Bucket, Dragline Capacity 10 CY Does not include Clamshell & Dragline hour S14.10 8278 Bucket, Dragline Capacity 14 CY Does not include Clamshell & Dragline hour S18.65 8280 Excavator, Hydraulic Bucket Capacity 0.5 CY to 45 Crawler, Truck & Wheel. Includes bucket. hour $18.00 _-"- 8281 Excavator, Hydraulic Bucket Capacity 1.0 CY to 90 Crawler, Truck& Wheel. Includes bucket. hour $34.20 8282 Excavator, Hydraulic Bucket Capacity 1.5 CY to 160 Crawler, Truck& Wheel_ Includes bucket. hour $52.70 8283 Excavator, Hydraulic Bucket Capacity 2.5 CY to 265 Crawler, Truck & Wheel. 1 Includes bucket. I hour $153.00 8284 Excavator, Hydraulic Bucket Capacity 4.5 CY to 420 Crawler, Truck & Wheel. Includes bucket. hour $264.50 8285 Excavator, Hydraulic Bucket Capacity 7.5 CY to 650 Crawler, Truck & Wheel. Includes bucket. hour $223.70 8_286 Excavator, Hydraulic Bucket Capacity 12 CY to 1000 Crawler, Truck & Wheel. Includes bucket. hour $455.00 8287 Excavator 2007 model Gradall XL3100 III 184 hour $105.46 8288 rExcavator 2003 model Gradall XL4100 III 238 hour $113.20 8289 Excavator 2306 model Gradall XL5100 230 hour $88.80 8290 Trowel, Concrete Diameter 48 In to 12 hour $4.80 8300 Fork Lift Capacity 6000 Lbs to 60 hour $13.00 8301 Fork Lift Capacity 12000 Lbs to 90 hour $18.50 8302 Fork Lift Capacity 18000 Lbs to 140 hour $24.00 8303 Fork Lift Capacity 50000 Lbs to 215 hour $51.40 Lift Material handler Diesel, CAT TH360B 6600-11500 gvwr lbs 99.9 hour $27.90 Fork Lift Material handler Diesel, CAT TH460B 99.9 hour $30.15 Fork Lift Material handler Diesel, CAT TH560B 99.9 hour $35.80 F8306Fork Fork Lift Accessory 2003 ACS Paddle Fork hour $3.46 Generator Prime Output 5.5 KW to 10 hour $3.35 Generator Prime Output 16 KW (c25 hour $7.45 8312 IGnnerator Prime Output 43 KW to 65 hour $15.00 8313 Generator Prime Output 100 KW to 125 hour $34.95 8314 Generator Prime Output 150 KW to 240 hour $50.00 8315 Generator Prime Output 210 KW to 300 hour $62.45 8316 Generator Prime Output 280 KW to 400 hour $80.40 8317 Generator Prime Output 350 KW to 500 hour $90.50 Generator Prime Output 530 KW to 750 hour $153.30 r8318 8319 Generator Prime Output 710 KW to 1000 hour $222,00 !8320 Generator Prime Output 1100 KW to 1500 Open hour 5349.00 8321 Generator Prime Output 2500 KW to 3000 hour 5533.75 8322 Generator Prime Output 1,000 KW to 1645 Enclosed hour $403,30 8323 Generator Prime Output 1,500 KW to 2500 Enclosed hour $511,22 8324 Generator Prime Output 1100KW 2500 Enclosed _. hour $495.80 8325 Generator Prime Output 40KW _. 60 hour $14.80 8326 Generator Prime Oul ut 20KW 40 hour $13.32 8330 lGraders Moldboard Size 10 Ft to 110 Includes Rigid and Articulate equipment. hour $43.30 8331 Graders Moldboard Size 12 Fl to 150 Includes Rigid and Articulate equipment. hour $46.50 8332 Graders IMoldboard Size 14 Ft to 225 Includes Rigid and Articulate equipment. hour $67.50 8350 Hose, Discharge Diameter 3 In Per 25 foot length. Includes couplings. hour $0.15 8351 Hose, Discharge Diameter 4 In Per 25 foot length. Includes couplings. hour $0.24 8352 Hose, Discharge Diameter 6 In Per 25 foot length- Includes couplings. hour $0.60 8353 Hose, Discharq_e Diameter _ 8I_n I Per 25 foot length. Includes couplings. hour $0.60 8354 Hose, Discharge -- Diameter 12 In Per 25 foot length. Includes couplings. hour $0.90 8355 Hose, Discharge Diameter 16 In Per 25 foot length, Includes couplings. hour $1.70 8356 Hose, Suction Diameter 3 In Per 25 foot length. Includes couplings. hour $0.30 8357 Hose, Suction Diameter 4 In Per 25 foot length, Includes couplings. hour 50.35 8358 Hose, Suction Diameter 6 In Per 25 fool length. Includes couplings. hour S1.15 8359 Hose, Suction Diameter 8 In Per 25 foot length. Includes couplings. hour $1.10 8360 Hose, Suction Diameter 12 In Per 25 foot length. Includes couplings, hour $1.70 8361 Hose, Suction Diameter 16 In Per 25 foot length. Includes couplings. hour $3.15 8380 Loader, Crawler Bucket Capacity D.5 CY ,. to 32 Includes bucket. hour $14.66 8381 Loader, Crawler Bucket Capacity 1 CY to 60 Includes bucket. hour $34.30 8382 Loader, Crawler Bucket Capacity 2 CY to 118 Includes bucket. hour $68.10 8383 Loadcr, Crawler Bucket Capacity 3 CY to 178 Includes. bucket. hour $101.30 8384 Loader, Crawler Bucket Capacity 4 CY ._ to 238 Includes bucket. hour $120.00 8390 Loader, Wheel Bucket Capacity 0.5 CY to 3B hour $20.10 8391 Loader, Wheel Bucket Capacity 1 CY to 60 hour $36.90 8392 Loader, Wheel Bucket Capacity 2 CY to 105 CAT-926 hour $35.50 8393 Loader, Wheel Bucket Capacity 3 CY to 152 hour $43.85 8394 Loader, Wheel Bucket Capacity 4 cY to 200 hour $59.30 8395 Loader, Wheel Bucket Capacity 5 CY to 250 hour $64.00 8396 Loader, Wheel Bucket Capacity 6 CY to 305 hour $104.00 8397 Loader, Wheel Bucket Capacity 7 CY to 360 hour $124.50 8398 Loader, Wheel Bucket Capacity 6 CY to 530 hour $171.40 8401 Loader, Tractor, Wheel Bucket Capacity 0.87 CY to 80 Case 580 Super L hour $33.73 Concrete Portable Batching Capacity 10 Cft hour _ $3.05 Mixer, Concrete Portable Batching Capacity 12 Cft 11 hour $4.00 Mixer. Concrete, Trailer Mntd Batching Capacity 11 Cft to 10 hour $1270 E841Mixer, Mixer, Concrete, Trailer Mntd Batching Capacity 16 Cft to 25 hour $19.50 Breaker, Pavement Hand-Held Weight 25-90 Lbs hour $1.10 8420 Breaker, Pavement to 70 hour $57.45 8423 Spreader, Chip Spread Hopper Width 12.5 Ft to 152 hour $85.85 8424 Spreader, Chip Spread Hopper Width 16.5 Ft to 215 hour $116.50 8425 Spreader, Chip, Mntd Hopper Size 8 Ft to 8 Trailer & truck mounted. hour $4.60 8430 Paver, Asphalt. Towed Does not include Prime Mover. hour $12.40 8431 Paver, Asphalt _ to 50 Includes wheel and crawler equipment. hour $73.76 8432 Paver, Asphalt to 125 Includes wheel and crawler equipment. hour $95.10 8433 Paver, Asphalt to 175 Includes wheel and crawler equipment. hour $126,80 8434 Paver, Asphalt 35,OOO1 & Over to 250 Includes wheel and crawler equipment. hour $209.65 8436 Pick-up, Asphalt to 110 hour $96,85 8437 Pick-up, Asphalt to 150 hour $135.00 8438 1 Pick-up, Asphalt to 200 hour $93.50 39 Pick-up, Asphalt to 275 hour $204.00 F8440 Striper Paint Capacity 40 Gal to 22 hour $16.20 41 Striper Paint Capacity 90 Gal to 60 hour $22.90 8442 tper Sri Pant Capacity _ 120 Gal to 122 hour _ _542.60 8445 Striper, Truck Mntd Paint Capacity 120 Gal to 460 hour $78.60 8446 Striper, Walk-behind Paint Capacity 12 Gal hour $4.00 8447 Paver accessory -Belt Extension 2002 Leeboy Conveyor Belt Extension crawler how' $32.50 8450 Plow, Snow, Grader Mntd Width to 10 Ft Include Grader for total cost hour $28.00 8451 Plow, Snow, Grader Mntd jWidth to 14 Ft Include Grader for total cost hour $32.90 8452 Plow, Truck Mntd.Width to 15 Ft Include truck for total cost 'wing. hour $24.35 -_-- --With Plc", Truck Mntd Width to 15 Ft le'vulinq include truck for total cost hour $40.80 Spreader, Sand Mounting Tailgate, Chassis hour 57.35 Spreader, Sand Mounting DumpBody hour $10.45 Spreader, Sand Mounting Truck (10yd) hour $13.15 Spreader, Chemical Capacity 5 CYto 4 Trailer &truck mounted. hour $6.00 r8466 Pump - Trash Pump 10 MTC2" Pump to 7 10,000 gphhour $7.25 Pump Centrifu al, SM pump 2" - 10,000 gal/hr. to 4.5 Hoses not included.hour $6.10 Pump Diaphragm pump 2" - 3,000 gal/hr. to 6 Hoses not included. hour $6.75 Pump Centrifugal, 18M pump 3" - 18,000 galihr. pump to 10 Hoses riot included.hour $7.99 Pump to 15 Hoses not included. hour $10.30 8474 Pump to 25 Hoses not included. hour $13.60 8475 Pump to 40 Hoses not included. hour $16.65 8476 Pump 4" - 40,000 gal/hr. 4" - 40,000 galihr. to 60 Hoses not included. hour $27.10 8477 Pump to 95 Hoses not included. hour $32.00 8478 Pump to 140 Hoses not included. hour $41.50 8479 Pump to 200 Hoses not included. hour $49.90 8480 Pump to 275 Does not include Hoses. hour $66.85 8481 Pump _ to 350 Does not include Hoses. hour $82.00 8482 Pump to 425 Does not include Hoses, hour $96.60 8483 Pump to 500 Does not include Hoses. hour $114.00 8484 1 Pump to 575 Does not include Hoses. hour $133.30 Pump to 650 Does not include Hoses, hour $154.70_ Aerial Lift, Truck Mntd Max. Platform Height 40 Ft Add this rate to truck rate for total lift and truck rate hour $11.38 F8487 Aerial Lift, Truck Mntd Max. Platform Height 61 Fttotal Add this rate to truck rate for lift and truck rate hour $20.54 Aerial Lift, Truck Mntd Max, Platform Height 80 Ft Add this rate to truck rate for total lift and truck rate hour $39.00 8489 Aerial Lift, Truck Mntd Max. Platform Load - 600Lbs 81 Ft -100 Ft. Ht. Add this rate to truck rate for total lift and truck rate hour $39.50 8490 Aerial Lift, Self-Propelled Max. Platform Height 37 Ft. Ht to 15 Articulated, Telescoping, Scissor. hour $8.95 8491 Aerial Lift, Self-Propelled Max. Platform Height 60 Ft. Ht. to 30 Articulated, Telescoping, Scissor. hour $16.10 8492 Aerial Lift, Self-Propelled Max. Platform Height 70 Ft. Ht. to 50 Articulated, Telescoping, Scissor. hour $29.26 8493 1Aerial Lift, Self-Propelled Max. Platform Height 125 Ft. Ht. to 85 Articulated and Telescoping, hour $55.65 8494 Aerial Lift, Self-Propelled Max. Platform Height 150 Ft. Ht. to 130 Articulated and Telescoping, hour $70.15 8495 1 I.C. Aerial Lift, Self-Propelled Max. Platform Load - 500 Lbs 75"x155', 40Ft Ht. to 80 2000 Lbs Capacity hour $28.95 8496 Crane, Truck Mntd Max. Lift Capacity 24000 Lbs Include truck rate for total cost hour $14.90 8497 Crane, Truck Mntd Max. Lift Capacity 36000 Lbs Include truck rate for total cost hour $22.40 8498 Crane, Truck Mntd Max. Lift Capacity 60000 Lbs Include truck rate for total cost hour $3650 8499 Pump - Trash-Pump CPB Rating - 10MTC 10000 gal/Hr 7 Self- Priming Trash Pump hour $7,55 8500 Crane Max. Lift Capacity 8 MT to 80 hour $38.70 8501 Crane Max. Lift Capacity 15 MT to 150 hour $66.90 8502 Crane Max. Lift Capacity 50 MT to 200 hour $90.00 8503 Crane Max. Lift Capacity 70 MT to 300 hour $178.60 8504 Crane Max. Lift Capacity 110 MT to 350 hour $243.20 8510 Saw, Concrete Blade Diameter 14 In to 14 hour $7.20 8511 Saw, Concrete Blade Diameter 26 In to 35 hour $12.00 8512 Saw, Concrete Blade Diameter 48 In to 65 hour $25.10 8,131 Saw, Rock to 100 __.._ hour $33.50 8514 Saw, Rock _ to 200 hour $63.00 8517 Jackhammer (Dry) Weight Class 25-45 Lbs hour $166 8518 Jackhammer (Wet) Weight Class 30-55 Lbs hour $1.84 8521 Scraper Scraper Capacity 16 CY to 250 hour $107.15 8522 Scraper Scraper Capacity 23 CY to 365 hour $155.50 8523 Scraper Scraper Capacity 34 CY to 475 hour $270.00 8524 Scraper scraper capaary A A.�.. r., ann _ _ hour $265.70 8540 Loader, Skid-Steer Operating Capacity 1000 Lbs to 35 hour $14.15 8541 Loader, Skid-Steer Operating Capacity 2000 Lbs to 65 hour $37.00 8542 Loader, Skid-Steer Operating Capacity 3000 Lbs to 85 hour $36.05 8550 Snow Blower, Truck Mntd Capacity 600Th to 75 Does not include truck hour $34.60 8551 Snow Blower, Truck Mntd Capacity _, 1400 Tph to 200 Does not include truck hour $94.00 8552 Snow Blower, Truck Mnld Capacity 2000 Tph to 340 Does not include truck hour $142.50 8553 Snow Blower, Truck Mntd Capacity 2500 Tph to 400 Does not include truck hour $154.80 8558 Snow Thrower, Walk Behind Cutting Width 25 in to 5 hour $2.60 8559 1 Snow Thrower, Walk Behind Cutting Width 60 in to 15 hour $14.10 8560 Snow Blower Capacity _ Th to 400 hour $234.00 8561 Snow Blower Capacity �101 to 500 .hour $255.00 8562 Snow Blower _ Capacity l0 600 hour $284.00 8569 Dust Control De -Ice Unit 1300-2000 gal 173"Lx98"Wx51"H 5,5 Hydro Pump w1100' 1/2" hose hour $3.45 8570 Loader -Backhoe, Wheel Loader Bucket Capacity 0.5 CY _ _ _ to 40 Loader and Backhoe Buckets included, hour $22.15 8571 Loader -Backhoe, Wheel Loader Bucket Capacity 1 CY to 70 Loader and Backhoe Buckets included. hour $29.50 8572 Loader -Backhoe, Wheel Loader Bucket Capacity 1.5 CY to 95 Loader and Backhoe Buckets included. hour $38.60 8573 Loader -Backhoe, Wheel Loader Bucket Capacity 1.75 CY to 115 Loaderand Backhoe Buckets included. hour $47.77 Distributor, Asphalt Tank Capacity500 Gal burners, insulated tank, and circulating spray bar. hour $14.76 Distributor, Asphalt Tank Capacity 1000 Gal burners, insulated tank, and circulating spray bar_ Include hour $21.30 r8582 Distributor, Asphalt Tank Capacity 4000 Gal burners, insulated tank, and circulating spray bar. Include hour $30.15Distributor ETNYRE Oil Distributor Model - P6348 300 hour $41.60 8584 Distributor ETNYRE Quad Chip Spreader 280 hour $83.20 Trailer, Dump Capacity 20 CY Does not include Prime Mover. hour $11.36 L8591 Trailer, Dump Capacity 30 CY Does not include Prime Mover. hour $13.10 Trailer, Equipment Capacity 30 Tonshour $14.15 Trailer, Equipment Capacity 40 Tons hour $15.50 6602 Trailer, Equipment Capacity 60 Tons hour $18.85 8603 Trailer, Equipment Capacity 120 Tons hour $28.35 8610 Trailer, Water Tank Capacity 4000 Gal with sump and a rear spraybar. hour $13.50 6611 Trailer, Water Tank Capacity 6000 Gal With sump and a rear spraybar. hour $16.55 8612 Trailer, Water Tank Capacity 10000 Gal with sump and a rear spraybar. hour $19.20 8613 Trailer, Water Tank Capacity 14000 Gal with sump and a rear spraybar. hour $23.77 8614 Truck- Water Tanker 1000 gal. tank 175 hour $33.35 8620 Tub Grinder to 440 hour $95,35 _ 8621 Tub Grinder to 630 hour $143.65 8622 Tub Grinder to 760 hour $183.60 8623 Tub Grinder to 1000 hour $322,00 8627 Horizontal Grinder Model HG6000 630 hour $57.36 8628 Slump Grinder 1988 Vermeer SC -112 102 hour $47.00 8629 Stump Grinder 24" grinding wheel 110 hour $45.00 8630 Sprayer, Seed Working Capacity 750 Gal to 30 Does not include Prime Mover_ hour $14.00 8631 Sprayer, Seed lWorking Capacity 1250 Gal to 50 Trailer & truck mounted. Does not include Prime hour 519.80 8632 Sprayer, Seed Working Capacity 3500 Gal to 115 Does not include Prime Mover. hour S29.25 8633 Mulcher, Trailer Mold Working Capacity 7 TPH to 35 hour $14.10 8634 Mulcher, Trailer Mntd Working Capacity 10 TPH to 55 hour $20.80 8635 Mulcher, Trailer Mold Working Capacity 20 TPH to 120 hour $29.45 8636 Scraper Soil Recycler WR 2400 w 317 gal fuel tank 563 hour 5239.85 . --- n..,, I, nou„ anu-_,1, �n,n Trail- 26 CY of soil in one dumD 330 13 CY of soil each berry hour $92.33 8638 Rake Barber Beach Sand Rake 6001-I0r, towed hour $15.40 8639 Chipper Wildcat 626 Cougar Trammel Screen chipper w belt 125 hour $34.30 8640 Trailer, Office Trailer Size 8' x 24' Cargo Size 16ft hour 51.95 8641 Trailer, Office Trailer Size 8'x 32' Cargo Size 24ft hour 52.30 8642 Trailer, Office Trailer Size 10' x 32' Cargo Size 20ft _ hour $2.65 8643 Trailer Haz-Mat Equipment trailer 8'x18' hour $37.75 8644 Trailer, Covered Utility Trailer (7' X 16') hour $5.65 8645 Trailer, Dodge Ram 8' x 24' shower trailer- 12 showers 101 hour $2945 8646 Trailer, Dodge 32' flatbed water hour $27.90 8650 Trencher to 40 Wheel Mounted. Chain and Wheel. hour $16.30 Trencher to 85 Wheel Mounted. Chain and Wheel. hour $24.70 Trencher accessories 2008 Griswold Trenchbox hour 51.90 f8l5.'1'4 Plow, Cable Plow Depth 24in to 30 hour $12.00 Plow, Cable Plow Depth 36in to 65 hour $37.45 Plow, Cable Plow Depth 48 in to 110 hour $41.25 8670 Derrick, Hydraulic Digger Max. Boom Length 60 Ft alignment attachment. Include truck rate hour $34.15 8671 Derrick, Hydraulic Digger Max. Boom Length 90 Ft alignment attachment. Include truck rate hour $54.66 8680 Truck, Concrete Mixer Mixer Capacity 13 CY to 300 hour $82.35 8684 Truck. Fire 100 Ft Ladder hour $100.00 8690 Truck, Fire Pump Capacity 1000 GPM hour $68.00 8691 Truck, Fire Pump Capacity 1250 GPM hour $72.25 8692 Truck, Fire Pump Capacity 1500 GPM hour $78.90 8693 Truck, Fire Pump Capacity 2000 GPM ,. hour $81.40 8694 Truck, Fire Ladder Ladder length _ 75 FT hour $117.10 8695 Truck, Fire Ladder Ladder length 150 FT hour $142.75 8696 Truck, Fire No Ladder 330 Rescure Equipment hour "$2060 8700 Truck, Flatbed Maximum Gvw 15000 Lbs to 200 hour 8701 Truck, Flatbed Maximum Gvw 25000 Lbs to 275 hour $35.00 8702 Truck, Flatbed Maximum Gvw 30000 Lbs to 300 hour $27.10 8703 Truck, Flatbed Maximum Gvw 45000 Lbs to 380 hour $44.70 8708 Trailer, semi 48ft to 53fi, flat-bed, freight, two axle 50,000+ gvwr [lour $8.45 8709 Trailer, semi enclosed 48 ft to 53 ft, two axles 50,000+ gvwr _ hour $9.50 8710 Trailer, semi 28ft, single axle, freight 25,000 gvwr _ _ hour $9.70 8711 Flat bed utility trailer 6 ton hour $3.10 8712 Cleaner, Sewer/Catch Basin Hopper Capacity 5 CY ITruck Mounted. hour $24.80 8713 Cleaner, Sewer/Catch Basin Hopper Capacity 14 CY Truck Mounted. hour $31.30 8714 lVactor 800 Gal Spoils1400 Gal Water 500/800 gal 49 hour $82.75 8715 Truck, Hydro Vac model LP555DT hour $18.00 8716 Leaf Vac Tow by Truck 22,000 cfm capacity 85 Leaf Vac + Truck Code 8811 hour $51.25 8717 Truck, Vacuum 60,000 GVW 400 hour $74,20 8719 Litter Picker model 2007 Barber towed by tractor hour $9.60 8720 Truck, Dump Struck Capacity 6 CY to 220 hour $48.90 8721 ITruck, Dump Struck Capacity 10 CY to 320 hour $60.77 8722 Truck,Dump Struck Capacity 12 CY to 400 hour $67,70 8723 Truck, Dump Struck Capacity 18 CY to 400 hour $75,50 8724 Truck, Dump, Off Highway Istruck Capacity 28 CY to 450 hour $121.20 8725 ITruck, Dump Struck Capacity 14 CY to 400 hour $77.80 8730 Truck, Garbage Capacity 25 CY to 255 hour $48.50 8731 Truck, Garbage Capacity 32 CY to 325 hour, _ $55.90 8733 E-BAM Services Environmental Beta Attenuation Air Monitor Powered by Solar System hour $3.00 8734 Attenuator, safety that can stop a vehicle at 60 mph hour $5.50 8735 Truck, Atlenuaiur 2004 T. uck Mounted fcr 60_rn" hour $3.85 8736 Truck, tow 1987 Chevy Kodiak 70 175 hour $27.70 8744 Van, Custom Special Service Canteen Truck 350 hour $18.00 8745 Van, step model MT10FD 300 hour $21.25 8746 Van -up to 15 passenger light duty, class 1 225-303 hour $20.00 8747 Van -up to 15 passenger light duty, class 2 225-300 hour $20.15 8748 Van -cargo _ light duty, class 1 225-300 hour , _ $22.25 8749 Van -cargo light duty, class 2 225-300 hour 522.25 8750 Vehicle. Small to 30 hour $6.40 8753 Vehicle, Recreational to 10 hour $2.80 8755 Golf Cart Capacity 2 person hour $3.75 8761 Vibrator, Concrete to 4 hour 51.60 8770 Welder. Portable to 16 Includes ground cable and lead cable. hour $3.10 8771 Welder, Portable to 34 Includes ground cable and lead cable. hour $6.80 8772 Welder, Portable to 50 Includes ground cable and lead cable. hour $10.00 8773 Welder, Portable to 80 Includes ground cable and lead cable. hour $13.76 8780 Truck, Water Tank Capacity 2500 Gal to 175 Include pump and rear spray system. hour $28.70 8781 Truck, Water Tank Capacity 4000 Gal to 250 Include pump and rear spray system. hour $50.00 8788 Container & roll off truck 30 yds hour $23.05 8789 Truck, Tractor 1997 Freightliner F120 430 hour $54.90 8790 Truck, Tractor 4 x 2 25000 lbs to 210 _ hour $42.40 8791 Truck, Tractor 4 x 2 35000 lbs to 330 hour $46.00 8792 Truck, Tractor 6 x 2 45000 lbs to 360 hour $52.75 8794 Truck, freight Enclosed w/lift gale, Medium duty class 5 gmr 16000-19500 Lbs hour $23.25 8795 Truck, backhoe carrier Three axle, class 8, heavy duty over 33000Lbs _ hour $34.50 8796 Truck, freight Eenclosed w/lift gate. Heavy duty, iclass 7, 26,001 to 33,000 lbs gvwr hour $31.00 8798 Truck Tilt and roll -back, two axle, class 7 heavy duty, to 33,000 gvwr hour $32,00 8799 Truck, Tilt and roll back, three axle. class 8 heavy duty over 33,001+ 9vwr hour $40,60 8800 Truck, Pickup When transporting people. mile $0.54 8801 Truck, Pickup 1/2 -ton Pickup Truck 4x2 -Axle 160 hour $12.30 8802 Truck, Pickup 1 -ton Pickup Truck 4x2 -Axle 234 hour $17.65 8803 Truck, Pickup 1 1/4 -ton Pickup Truck 4x2 -Axle 260 hour $19.85 6804 Truck, Pickup 1 1/2 -ton Pickup Truck 4x2 -Axle 300 hour $22.25 8805 Truck, Pickup 1 3/4 -ton Pickup Truck 42 -Axle 300 hour $23.10 8806 Truck, Pickup 3/4 -ton Pickup Truck 4x2 -Axle 165 hour $13.40 8807 Truck, Pickup 3/4 -ton Pickup Truck 4x4 -Axle 285 Crew hour $20.80 8808 Truck, Pickup 1 -ton Pickup Truck 4x4 -Axle 340 Crew hour $22.85 8809 Truck, Pickup 1 1/4 -ton Pickup Truck 44 -Axle 360 Crew hour S26.40 8810 Truck, Pickup 1 1/2 -ton Pickup Truck 4x4 -Axle 362 Crew hour S26.75 8811 Truck, Pickup 1 3/4 -ton PickupTruck 4x4 -Axle 362 Crew hour S27.50 8820 Skidder accessory JCB Grapple Claw hour $1.75 8821 Forklift, accessory _2005 2005 ACS Grapple Bucket hour $1.50 8822 Truck, Loader Debris/Log (KnUcklebnom Loader/Truck) 230 hour $52.26 8823 Chipper- Wood Recycler Cat 16 engine 700 hour $115.00 8824 Skidder model Cat 5258 up to 160 hour Si 8825 Skidder 40K lbs- model Cat 525C 161 and up hour $1 18.77 8840 Truck, service fuel and lube up to 26,000 gvwr 215-225 hour $38.65 8841 Truck,fuel 2009 International 1,800 gal. storage tank 200 hour $30.50 _ 8842 Mobile Command Trailer (8' X 28') with 7.5 KW Generator hour $14.66 8843 Mobile Response Trailer (8' X 31') with 4.5 KW Generator? I hour 1 $13.60 15644 Mobile Command l:enter uuniwri (uniileu') (RV) iu -aster MP -,35 - ---- u 4nn heir $75 On 8845 Mobile Command Post Vehicle (RV) (In- Motion) 22 -Ft Long 340 hour $31.00 8846 (RV) (Stationary) w/9.6 KW _- _ Mobile Command Post Vehicle Generator 22 -Ft Long 340 hour $19.25 8.8.47 Mobile Command Center (Trailer) 48'x8' Trailer, Fully Equiped Mobile Command Center 48 -Ft Long hour $29.45 _ 8848 Ntobile Command Center (Trailer) 48'x8' When being Moved w/Truck Tractor 310 hour $48.90 8849 Mobile Command Center 43'x8.5' x 13.5'H with self 30kw Generator hour $52.00 8850 Mobile Command Center 20D7 -Freightliner MT -55, (RV) 260 hour $45.50 8851 Mobile Command Van 1990- Ford Econolme- Communication Van 230 hour $41.00 8852 Mobile Command Center 47.5'X 8.75 Fully Equip' (In motion) (RV) 410 hour $65.30 8853 Mobile Command Center 47.5'X 8.75 Fully Equip' (Stationary) 410 hour 1 $45.00 8854 Mobile Command Vehicle 53' X 8.75 Fully Equip 480-550 hour $96.20 8870 Light Tower Terex/Amlda AL 4000. with (4) 500 watt lights w/'I Okw power unit 13.5 hour ---$-10.68 8871 Light Tower 2004 Allmand _ hour $6.30 8872 Sand Bagger Machine (Spider) automatic 4.5 hour $48.75 8900 Helicopter OH -58 KICWA (Military) is the same as "Bell -205B3 420 hour $474.00 8901 Helicopter OH -58 KIOWA (Military) is the same as "Bell-205BR 420 hour $496.00 8902 Helicopter Model Bell 206-1-3 Jet Range Helicopter 650 Jet Range III -Helicopter hour $582.00 8903 Helicopter Model Bell 2061-1 Long Ranger 650 Long Ranger hour $596.D0 8904 Helicopter Model Bell 203LT Long Range Twinranger 450 Twinranger hour $780.00 6905 Helicopter Model Bell 407 EMS- Ambulance 250 hour $626.00 8906 Piper -Fixed wing Model Navajo PA -31 310 hour $456.00 89.0 Piper -Fixed wing PA -31-350, Navajo Chieftn twin engine 35D hour $487.00 .7 8908 Sikorsky Helicopter Model UH -60 (Blackhawk) medium lift Medium Lift 1890 Fire Fighter Same as S70C hour $2,945.00 8909 Helicopter Model UH -A (Blackhawk) Medium lift Medium Lift 1890 Fire Fighter hour $5,504.00 8910 1B.eing Helicopter Model CH -47 (Chinook) heavy lift Heavy Lift 2850 Fire Fighter hour $10,750.00 8911 1 Helicopter- light utility Model Bell 407GX - 7 seater 7 -Seaters 675 Passenger Aircraft hour $621.00 8912 Helicopter- light utility Modle Bell 206L- 7 seater 7 -Seaters 420 Passenger Aircraft hour $596.00 8913 Helicopter Model Bell -2061-4 726 hour $576.00 8914 King Air 200 Turboprop Aircraft Blackhawk King Air B200XP61 669 hour $1,316.00 8915 Turboprops Blackhawk Aircraft Blackhawk Caravan XP42 A 850 hour $697.00 8916 Turboprops Blackhawk Aircraft King Air C90 XP 135 A 550 hour $1,075.00 8917 Aerostar Piston Aircraft Aerustar 601 P 290 hour $447.00 8943 Wire Puller Machine Overhead Wire Pulling Machine 30 Overhead/Underground Wire Pulling Machine _ hour $19.85 8944 Wire Tensioning Machine 3000 Lbs Overhead Wire Tensioning Machine hour $14,50 8945 Aerial Lift model 2008 Genie Scissor Lift hour $6.30 HERITAGE BAY t�� r9fir."Mur., - =#4 Prepared by HERITAGE BAY Financial Statements (Unaudited) HERITAGE BAY Community Development District Table of Contents FINANCIAL STATEMENTS Balance Sheet - All Funds ....................... Statement of Revenues, Expenditures and Changes in Fund Balance General Fund ..I ..................... Debt Service Fund ........I ............... SUPPORTING SCHEDULES Trend Report ...... Non -Ad Valorem Special Assessments ......... Cash and Investment Report .... I.... Bank Reconciliation ......... Check Register & Invoice Copies ......... Pages iv 2-3 4-5 6-7 8 9 10 11 -26 HERITAGE BAY Community Development District ACCOUNT DESCRIPTION Balance Sheet May 31, 2018 SERIES 2014 2018 SERIES DEBT 2018 DEBT GENERAL SERVICE SERVICE FUND FUND FUND Governmental Funds TOTAL ASSETS Nonspendable: Cash - Checking Account $ 75,363 $ - $ $ 75,363 Due From Other Funds - 102,678 102,678 Investments: - 102,678 4,207,700 4,310,378 Assigned to: Money Market Account 450,529 - 450,529 Construction Fund - 3,462,767 3,462,767 Cost of Issuance Fund 62,500 43,739 43,739 Interest Fund (A-1) 4,750 250,344 250,344 Interest Fund (A-2) TOTAL FUND BALANCES 58,717 58,717 Reserve Fund 390,794 390,794 Revenue Fund - 1,339 1,339 Prepaid Items 832 - 832 TOTAL ASSETS $ 526,724 $ 102,678 $ 4,207,700 $ 4,837,102 LIABILITIES Accounts Payable $ 17,779 $ $ $ 17,779 Due To Other Funds 102,678 102,678 TOTAL LIABILITIES 120,457 120,457 FUND BALANCES Nonspendable: Prepaid Items 832 - - 832 Restricted for: Debt Service - 102,678 4,207,700 4,310,378 Assigned to: Operating Reserves 73,625 - - 73,625 Reserves - Erosion Control 14,687 14,687 Reserves - Lakes 62,500 62,500 Reserves - Loan 4,750 4,750 Unassigned: 249,873 - - 249,873 TOTAL FUND BALANCES $ 406,267 $ 102,678 $ 4,207,700 $ 4,716,645 TOTAL LIABILITIES & FUND BALANCES $ 526,724 $ 102,678 $ 4,207,700 $ 4,837,102 Page 1 HERITAGE BAY Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending May 31, 2018 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES 8,000 12,000 (4,000) 918 Interest -Investments $ 400 $ 267 $ 1,974 $ 1,707 Interest - Tax Collector - - 18 18 Special Assmnts- Tax Collector 355,190 355,190 352,760 (2,430) Specials Assmnts - Lakes 30A & 30B 60,923 60,923 60,506 (417) Special Assmnts- Reserves 31,250 31,250 31,036 (214) Special Assmnts- Discounts (17,895) (17,895) (16,582) 1,313 TOTAL REVENUES 429,868 429,735 429,712 (23) EXPENDITURES Administration P/R-Board of Supervisors FICA Taxes ProfServ-Engineering ProfServ-Legal Services ProfServ-Mgmt Consulting Sery ProfServ-Property Appraiser ProfServ-Special Assessment ProfServ-Web Site Maintenance Auditing Services Postage and Freight Insurance - General Liability Printing and Binding Legal Advertising Misc-Bank Charges Misc-Assessmnt Collection Cost Misc-Web Hosting Office Supplies Annual District Filing Fee Total Administration 12,000 8,000 12,000 (4,000) 918 612 918 (306) 14,000 9,333 71,701 (62,368) 7,500 5,000 28,609 (23,609) 41,793 27,862 27,862 - 6,710 6,710 5,156 1,554 5,464 5,464 5,464 - 773 515 515 3,823 2,485 - 2,485 2,500 1,667 2,635 (968) 13,244 13,244 15,389 (2,145) 1,300 867 5,122 (4,255) 3,700 2,467 4,547 (2,080) 100 - 1 (1) 8,947 8,947 8,554 393 900 600 - 600 100 - - - 175 175 175 123,947 93,948 188,648 (94,700) Page 2 HERITAGE BAY Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending May 31, 2018 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfServ-Field Management 11,536 7,691 7,691 R&M -Contingency 1,187 - - Total Field 12,723 7,691 7,691 Lakes and Ponds Contracts -Lake and Wetland 71,200 47,467 48,000 (533) Contracts -Water Analysis 9,861 6,574 - 6,574 Contracts -Water Quality 45,992 30,661 22,996 7,665 Contracts -Lakes 30A & 30B 12,000 8,000 8,000 - R&M-Aquascaping 5,000 3,333 - 3,333 R&M-Stormwater System 4,000 2,667 - 2,667 R&M -Lake Erosion 24,455 16,303 22,725 (6,422) R&M -Contingency 10,062 6,708 - 6,708 Impr- Lake Bank Restoration 1,813,041 1,208,694 1,208,694 Reserve - Lakes 31,250 31,250 31,250 Reserve-Stormwater System 18,455 18,455 18,455 Total Lakes and Ponds 2,045,316 1,380,112 101,721 1,278,391 Debt Service Operating Loan Repayment 30,660 17,597 13,141 4,456 Interest Expense -Note 30,263 10,986 1,554 9,432 Total Debt Service 60,923 28,583 14,695 13,888 TOTAL EXPENDITURES 2,242,909 1,510,334 312,755 1,197,579 Excess (deficiency) of revenues Over (under) expenditures (1,813,041) (1,080,599) 116,957 1,197,556 OTHER FINANCING SOURCES (USES) Loan/Note Proceeds 1,813,041 1,813,041 (1,813,041) TOTAL FINANCING SOURCES (USES) 1,813,041 1,813,041 (1,813,041) Net change in fund balance $ - $ 732,442 $ 116,957 $ (615,485) FUND BALANCE, BEGINNING (OCT 1, 2017) FUND BALANCE, ENDING 289,310 289,310 289,310 $ 289,310 $ 1,021,752 $ 406,267 Page 3 HERITAGE BAY Community Development District Series 2014 Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending May 31, 2018 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest - Investments $ - $ - $ 6,209 $ 6,209 Special Assmnts- Tax Collector 1,308,564 1,308,564 1,299,608 (8,956) Special Assmnts- Discounts (52,343) (52,343) (48,503) 3,840 TOTAL REVENUES 1,256,221 1,256,221 1,257,314 1,093 EXPENDITURES Administration ProfServ-Arbitrage Rebate ProfServ-Property Appraiser ProfServ-Trustee Fees Misc-Assessmnt Collection Cost Total Administration Non -Operating DS Costs -Miscellaneous Total Non -Operating Debt Service Principal Debt Retirement Interest Expense Total Debt Service 600 600 600 - 19,628 19,628 19,629 (1) 5,157 - 3,327 (3,327) 26,171 26,171 25,022 1,149 51,556 46,399 48,578 (2,179) 16,732,582 (16,732,582) 16,732,582 (16,732,582) 585,000 585,000 - 585,000 612,180 612,180 306,090 306,090 1,197,180 1,197,180 306,090 891,090 TOTAL EXPENDITURES 1,248,736 1,243,579 17,087,250 (15,843,671) Excess (deficiency) of revenues Over (under) expenditures 7,485 12,642 (15,829,936) (15,842,578) OTHER FINANCING SOURCES (USES) Proceeds of Refunding Bonds 15,047,522 15,047,522 Operating Transfers -Out (251,479) (251,479) Contribution to (Use of) Fund Balance 7,485 - TOTAL FINANCING SOURCES (USES) 7,485 14,796,043 147796,043 Net change in fund balance $ 7,485 $ 12,642 $ (1,033,893) $ (1,046,535) FUND BALANCE, BEGINNING (OCT 1, 2017) 1,136,571 1,136,571 1,136,571 FUND BALANCE, ENDING $ 1,144,056 $ 1,149,213 $ 102,678 Page 4 HERITAGE BAY Community Development District 2018 Series 2018 Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending May 31, 2018 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE ($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest - Investments $ $ $ 13946 $ 1,946 TOTAL REVENUES 1,946 1,946 Debt Service Cost of Issuance Total Debt Service 167,460 (167,460) 167,460 (167,460) TOTAL EXPENDITURES 167,460 (167,460) Excess (deficiency) of revenues Over (under) expenditures (165,514) (165,514) OTHER FINANCING SOURCES (USES) InterfundTransfer - In 251,479 251,479 Proceeds of Refunding Bonds 4,121,735 4,121,735 TOTAL FINANCING SOURCES (USES) 4,373,214 4,373,214 Net change in fund balance $ $ $ 4,207,700 $ 4,207,700 FUND BALANCE, BEGINNING (OCT 1, 2017) FUND BALANCE, ENDING $ - $ - $ 4,2071700 Page 5 � . 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"a &3 Efl E EA ER m c1 C1 m m m m m m of 0 0 a0 60. a0 D0. a0 0 0 0 0 0 0 0 0 0 0 0 0 0 >- CO. a(L a a a a a a 0- 00 M W co CO co of W W W W O O O O O O O O O O O O O O O O O O O O 0 0 z w w a z E w m y co Q U Z m} a U z 7`f O Q== a 0 a x Ed 2.W -jm a' J () (n z U U z o 0 w 9 O a 0 w 0 W -> 0 W 0 W 0 W 0 M M M M M M M M M M o O O O O O O o 0 0 O O O O O O O o LO O O yt LO (0 t` � M co M to M m 0 It (0 0 M m 0 N M a 7 at V V V V It 7 i} n M M M M m MV d' V V m m M M M M M M m M m M M M M M m m m M m M m m M m M M M M M M m m m M M M M m m M M M M M M M 0 O 0O O 0 0 0 0 O O 0 0 0 O o O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 cmo omo m of Iq L co » Es m m m a_ CL Y � U N l0- U C N a• LL I- Lake Wetland Management 5301 N Federal Highway, Suite z " 204 Boca Raton, FL 33487 Bill To Heritage Bay CDD c/o Inframark 210 N. University Drive., Ste. 702 Coral Springs, FL 33071 Invoice Date Invoice # 5/1/2018 5245 Account # Terms 1525 Net 30 Quantit - Description ; Rate Amount May - Lake Maintenance - 29 Lakes Including algae, border grass and invasive exotic 6,000.00 6,000.00 plant control including submersed vegetation totaling approximately 55,054 linear feet. May - Lake Maintenance - Lake 30- A and 30- B Including algae, border grass, 1,000.00 1,000.00 submersed vegetation and invasive exotic plant control for one lake and one lake shore line (East Bank of 30-B) totaling 9,690 linear feet. Thank you for your business. Total $7,000.00 For billing questions please contact (561) 303 -1013. Pa meats/Credits $0.00 For ser ice questions please contact (239) 313 - 6947. Balance DuePage 11 $7,000.00 Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103-3556 Telephone: (239) 435-3535 Fax: (239) 435-1218 Page: 1 Heritage Bay CDD February 28, 2018 File No: 6176-001 M 210 N. University Dr. Suite 702 Statement No: 39 Coral Springs FL 33071 Attn: Justin Faircloth Gen Rep SENT VIA EMAIL TO: stmsapinvoices@stservices.com Previous Balance $1,950.00 Fees Hours 01/03/2018 GLU Continue review regarding stormwater rules; Draft stormwater rules; Draft email correspondence to Chairman and Manager on initial draft rules 3.00 825.00 GLU Review agenda and prepare for Board meeting 0.30 82.50 01/04/2018 GLU Attendance at Board of Supervisors meeting 2.50 687.50 01/12/2018 GLU Exchange multiple email correspondence with manager regarding agenda matters 0.10 27.50 01/18/2018 GLU Review agenda and prepare for Board of Supervisors meeting 0.50 137.50 01/19/2018 GLU Attendance at Board of Supervisors meeting 2.00 550.00 01/30/2018 GLU Review and respond to email correspondence from Diane Manza on resolutions and notice requirements; Review same 0.20 55.00 01/31/2018 GLU Review agenda for Board of Supervisors meeting; Exchange email correspondence With Chairman nn maatinn 0.40 110.00 02/01/2018 GLU Attendance at Board of Supervisors meeting 2.75 893.75 02/02/2018 GLU Review notes and work on letter to Quarry Association regarding closure of lakes 1.00 325.00 02/03/2018 GLU Finalize draft letter to Quarry Association; Draft email correspondence to Chairman on same 0.25 81.25 02/04/2018 GLU Review and respond to email correspondence from Chairman regarding modification to engineer's report 0.10 32.50 02/06/2018 GLU Review multiple email correspondence from Chairman on letter to The Quarry and use of lakes; Revise and finalize draft of letter to The Quarry on lake closure; Draft email correspondence to Chairman with draft letter 0.80 260.00 02/07/2018 GLU Review and respond to email correspondence from Chairman on The Quarry letter; Page 12 Heritage Bay CDD Gen Rep Finalize letter to The Quarry; Draft email correspondence to Supervisors with letter 02/09/2018 GLU Review email correspondence from Cheryl 011ila, President of Quarry Association; Telephone conference with Justin Faircloth; Exchange email correspondence with Ed Hubbard on Quarry matters; Draft email correspondence to Cheryl 011ila 02/12/2018 GLU Exchange email correspondence with Chairman on boating matters; Review and respond to email correspondence from Chairman on coordination for upcoming meeting 02/22/2018 GLU Conference call with Chairman and Manager regarding preparation for Board meeting and public hearing 02/26/2018 GLU Work on revisions to policy regarding connections to drainage from gutters and downspouts GLU Review and respond to email correspondence from Justin Faircloth on notice matters; Review statutory requirements; Telephone conference with Justin Faircloth on same; Exchange multiple email correspondence with Justin Faircloth and NDN on same 02/27/2018 GLU Finalize revised version of rules for gutters and downspouts; Draft email correspondence to Chairman and Manager on same; Initial review of email correspondence from Chairman on comments GLU Review email correspondence from Chairman on comments on Rules; Review same and work on revisions GLU Review and respond to email correspondence from Justin Faircloth regarding signage in lakes Professional Fees through 02/28/2018 Total Current Work Payments Total Payments Through 03/22/2018 Balance Due Page: 2 February 28, 2018 File No: 6176-001 M Statement No: 39 Hours 0.30 97.50 0.40 130.00 0.30 97.50 0.70 227.50 2.00 650.00 0.50 162.50 0.60 195.00 1.50 487.50 0.10 32.50 20.30 6,147.50 6,147.50 -1,950.00 $6,147.50 Page 13 Justin Faircloth Heritage Bay Community Development District C/O INFRA ARK 210 N. University Drive Suite 702 Coral Springs, Ft. 33071 Heritage Bay CDC? Quarterly Water Quality Monitoring Events April 2017 through February 2018 Rr��`i�3onai �@fist est rcr a 't 1 Fee April 13, 2018 Project No_ H13605 Invoice Na: 108331 Percent Previous Fee Current Fee Billing Phase Fee Complete Billing Billing 1st Quarter Sample 11,498,00 16100 11,498 00 0,00 Report 2nd Quarter Sample 11,498.OG 100.00 11,498,00 0.00 Report 3rd Quarter Sample 8, 11,498.00 100.60 11,498.00 0,00 Report 4th Quarter Sample 11,498.0() 100.00 0,00 11,498.110 Report 'fatal Fee 45,992.00 34,494.60 11,498,00 Tatar Fee Total this Invoice Outstanding Invoices 11,498.00 $11,498.00 Nunn11,or Date Balance 103265 12,15/2017 11,498,60 Total 11,498,00 Services provided this period include: C PH. Inc, performed the final quarterly monitoring event to collect water quality data within 29 lakes/storrnwater management ponds with the community development district. The monitoring event occurred in January -February 2018, A report of results was oreoared summarizing the monitoring event and comparing all monitoring events and was provided to the Client. �} l CPH, Inc,t♦y A Page 14 500 west I ulton l�treet S�inford, Flori(dzl 32771 Justin Faircloth April 13, P-018 Heritage Bay Community Development District Project No; H13607 C/O INFRAMARK Invoice No: 108332 210 N. University Drive Suite 702 Coral Springs, FL 33071 Heritage Bay Cake #20 Single Family House Drainage: Design 10154 Heritage Bay Blvd Naples, FL "34120)- Collier County rr2esi®r7a1_�vl_thrcafgiriRarch 8 20 Fee Percent Previous Fee Current Fee Billing Phase Fee Complete Billing Billing Final Design 6,500,00 100,00 6,500,00 0.00 Fre-App Meeting 750.00 100,00 750.00 0.110 Meetings 3,200.00 5&8906 1,472,00 412.50 Total Fee 10,450k00 3,722.00 412.50 Total Fee 412.50 Total this Phase $412.50 Reimbursable Expenses Toll-JRentalJAir 58.04 Total Fleimbursables 66,04 58.04 Unit Billing Black&White 8.5X11 '05 Total Units .05 .05 Total this Phase $53.09 Total this Invoice $470.59 Outstanding invoices Number Lute Balance 106267 12115/2017 6,500.00 Total 6,500.00 Services provided this period include: Pre -can Fleeting and coordination with GO Page 15 ;� l: v i1 Project H13607 Heritage -f#20 Single Fam douse Drainage Invoice 108332 GPH, Inc. Page 16 Unbilled Detail utouvoy,IF.0 I,, v,., 8:25:39 AM CPW, inc. As of 3/18/2018 Billing Employee/ Hours/ Bllling Billing Labor Status Date Reference Description Units Rate Amount Category Project Number: H13807 Heritage -#20 Single Fam House Drainage Phase Number: XXP Expenses Principal Name: Satfieid, Jeffrey Expenses: B 3/11/2018 000000198537 Jeffrey M. Satfieid Gas 12.500 B 3/1112018 000000198537 Jeffrey M. Satfield Gas 45.540 Total for 58.040 Total Billable Expenses 58.040 Total Expenses 58.040 Units: 3/11/2018 000000000432 Tampa B: 1.0 B&WCopy @ 0.05 1.00 .050 .050 Total for 1.00 .050 Total Billable Units 1.00 .050 Total Units 1.00 .050 Total for XXP 1.00 58.090 Page 17 500 V (:st Fulton`trelet Justin Fait -cloth April 13, 2018 Heritage Bay Community Development District Project No: H13608 CfO Ili FRAMARK Invoice NO: 108338 210 N, University Drive Suite 702 Coral Springs, FL 33071 Heritage Bay Lake outfall Structure replacement 10154 Heriage Bay Blvd, Naples FL 34120 Limited Site Plan Application - - Professional Personnel Hours Rate Amount Sr. Project Manager 75 150,00 112.50 Project Engineer 24,00 115.00 2,760.00 Project Coordinator 7.00 90.00 630.00 Design Technician 10.50 95.00 997,50 Totals 42,25 4,500,00 Total Labor 4,600,00 Billing Limits Current Prior To -Date Labor 4,500.00 0.00 4,500,00 4,500.00 Limit Total this Phase $4,500.60 5F7V MD Permit Modification Professional Personnel Hours Rate Amount Sr, Project Manager .50 150.00 75,00 Project Engineer 5.00 115.00 575.00 Totals 5,50 650.00 Total Labor 650.00 Current Prior To -Date fkttiig »17iCs Labor 650,00 3,850,00 4.,500.00 4'500.00 Limit Total this Phase $650,00 - Bidding Administration.___ Professional Personnel Hours bate Amount Sr. Project Manager 25 150.00 37.50 Project Engineer 8.50 115.00 077.50 Project Coordinator 75 90.00 67,80 Page 18 p Proiect > 113608 Heritage Bay- Lake Outfall Structure Rep Invoice 108333 Administrative .50 75X0 37.50 Totals 10.00 1,120.110 1,U0.00 Total Labor Billing Limits Lamar Limit Remaining Unit Billing Black&White 8.6X11 Black&White 11 X 17 Color Copies 11 X17 Color Copies 8.6X11 Total Units Outstanding Invoices Current Prior To -Date 1,120M 346,00 1,465M 3,000M 1,535,00 Total this Phase Number Date Balance 106268 12/15/2017 5,000m Total 6,000.00 Services provided this period include: Task A2.2: Finalizing limited site plan permitting Task A2,3: Finalizing SFWMD permit modification Task A3: Assistance and coordination with client for Bidding CPP, Inc, $1,120.00 4,50 6.20 2,80 61.50 65.00 66.00 Total this Phase $65.00 Total this Invoice $6,335.00 Page 19 unbilled Detail As of 3/18/2018 Tuesday, April 17, 2018 9:53:21 AM Billing Status Date tmpioyeer_..__a Reference Description UnIts Rate Amount Category Project Number: H13608 Heritage Bay- Lake Outfall Structure Rep Phase Number: XXP Expenses Principal Name: Satfield, Jeffrey Units: B 3/4/2018 000000000278 Ft Myers B: 4.011X17 B&W @ 0.20 4.00 .200 800 B 3/4/2018 000000000278 Ft Myers 13:05 31.0 8.5X11 B&W @ 0.05 31.00 .050 1.550 B 3/4/2018 000000000278 Ft Myers B: 7.011X17 CLR @ 0.35 7.00 .350 2.450 B 3/4/2018 000000000278 Ft Myers 13:5 2.0 8.5X11 CLR@ 0.25 2.00 .250 .500 B 3/1112018 000000000397 Sanford 6:25 56.0 8.5X11 CLR @ 0.25 56.00 .250 14.000 B 3/11/2018 000000000432 Tampa B: 1.0 B&WCopy @ 0.05 1.00 .050 .050 B 3/11/2018 000000000437 Ft Myers 13:0 26.0 11X17 B&W @ 0,20 26.00 .200 5.200 B 3/11/2018 000000000437 Ft Myers B%25 148.0 8.5X11 CLR@ 0.25 148.00 .250 37.000 B 3/18/2018 000000000595 Ft Myers B: 1.0 B&WCopy @ 0.20 1.00 .200 .200 B 3/18/2018 000000000595 Ft Myers B: 1.0 ColorCopy @ 0.35 1.00 .350 .360 B 2125/2018 000000000762 Ft Myers B: 1.0 B&WCopy @ 0.05 1.00 .050 .050 B 2/25/2018 000000000762 Ft Myers 13:05 57.0 8.5X11 B&W @ 0.05 57.00 .050 2.850 Total for 335.00 65.000 Total Billable Units 335.00 65.000 Total Units 335.00 65.000 Total for XXP 335.00 65.000 Page 20 Inframark, LLC Invoice: 29528 { 2002 West Grand Parkway North Invoice Date: 4/13/2018 Suite 100 Due Date: 5/13/2018 Katy, TX 77449 Terms: Net 30 Project ID: HERITAGEBAY PO #: Bill To: Heritage Bay CDD 210 N University Dr, Suite 702 Coral Springs FL 33071 United States Sales Description Quantity Units Efate Amount Management Fees for the Month Of: April 2018 Administrative Fees 1 Ea $3,482.75 $3,482.75 001-531027-51201-5000 Field Ops Services 1 Ea $961.33 $961.33 001-531016-53901-5000 Copies 1 Ea $1,048.20 $1,048.20 001-547001-51301-5000 Postage 1 Ea $8.93 $8.93 001-541006-51301-5000 Web Hosting 1 Ea $64.42 $64.42 001-531094-51301-5000 Subtotal $5,965.63 Tax (0`la) $0=00 Total Due $5,565.63 Remit To : Inframark, LLC' P.O. Box 733778 Dallas, TX 75373-3778 Please note our lockbox address has changed. Please include the Project 1D and the invoice Number on the check stub of your payment. Page 21 1 of 1 Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103-3556 Telephone: (239) 435-3535 Fax: (239) 435-1218 Page: 1 Heritage Bay CDD February 28, 2018 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 3 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: Previous Balance $845.00 Balance Due $1,706.25 Page 22 Fees Hours 01/03/2018 GLU Review and respond to email correspondence from Chairman on liability considerations relating to construction work; Brief review of same 0.30 97.50 01/04/2018 GLU Review multiple email correspondence from Justin Faircloth regarding contract and other board items; Review email correspondence from Justin Faircloth regarding correspondence to QE; Review email correspondence from contractor; Review multiple email correspondence from Chairman 0.50 162.50 01/15/2018 GLU Review email correspondence from Justin Faircloth regarding meeting summary and revised construction numbers for bids awarded 0.20 65.00 02/08/2018 GLU Review multiple email correspondence relating to finalization of notice; Coordinate 0.30 97.50 on same 02/26/2018 GLU Review notes regarding construction contract revisions; Draft revisions to HB construction contracts with Quality Enterprises; Draft email correspondence to Chairman and Manaaer on same 1.25 406.25 02/27/2018 GLU Review and respond to email correspondence from Chairman on construction contract forms 0.10 32.50 Professional Fees through 02/28/2018 2.65 861.25 Total Current Work 861.25 Balance Due $1,706.25 Page 22 Justin Faircloth Her -tag€: Bay Community Development DistrM C/O INFRAMARK 210 N. University (give Suite 702 Coral 5prtnc0s, FL 33071 Heritage Bay Emergency take Bank Restoration 10154 Heritage Bay Blvd Naples, Fi 34120 P o[sl.pn4,...Sryi�...:es��?sl._i, Fee Billing Phase Foo Final Design 12,000.00 Pre Application Meeting 750.00 Meetings 3,200.00 Total Fee 15,050.00 April 13, 2015 Project NO: Invoice NO: Percent Previous Pee Current Fee Complete Billing Billing 100.00 12,000.00 0,00 100.00 750.00 0.00 100.00 1,456.00 1,744,00 Project Engineer 14,206M 1,744.00 Total Fee Sr. project Manager 1 nfiil,rrl Total this Phase H13606 108108 _n) W(c ,k f-ult€ n SCrt"et <arnfo d, Florida 3'2771 Phone: 407.322,6841 1,744.00 $1,744.00 _dallier County Permit Determination Professional Personnel Prafr ssionai Personnel Hours tate Amount Fours 0,70 115,00 1,000.50 Project Engineer 8.70 1,000.50 Totals Sr. project Manager 1 nfiil,rrl Total Labor 92.00 r)mject Engineer '80 25 Current Prior To -slate Billing LIrtatts 1.000.50 1,000.00 2,000.50 Labor Administrative 2,000.00 Limit 639.50 _ �p Adjustment `_dotal Labor Total this Phase $1,000,00 df V MU Perrnit MocSlMod7ti t'on Prafr ssionai Personnel Fours (tate Amount 3,25 150.00 487.50 Sr. project Manager 115.00 92.00 r)mject Engineer '80 25 90.00 22.50 project Coordinator 50 75,00 37.50 Administrative 4,80 639.50 Totals63g.Gtr `_dotal Labor Page 23 € roject H1' CM6 � Heritage-Ernargency Lake Bank invoice 108108 Pilling Limits GUrrent Prier To -Date Lobar 8:39.50 3,4170,00 4,839.50 4,500,00 Limit 460.60 Reraaatralncd Total this Phase $639.60 Reimbursable Expenses T OWRentat/Air Total Rainbursables Unit Billing Black&White 6.5X 1 t color Copies 8.5x1'1 BjaOk&WhRe 11X1! Total Units Outstanding Invoices Number Date Balance 106266 121151291 f 12 040.13 Total 92,1349.13 Services provided this period include; 355.28 355.25 356,25 .25 14.00 .130 15.(15 15.05 Total this Phase $3741.33 Tota! this Invoice $3,763.83 Task 1x4: Coordination will' GFaNMD, rseetincgs udith %C and lratrma,k, meeting with FEMA for Gales on lakes 18, 19, 29 anti 26 CPH, Inc, Paye 24 Unbilled Det CPH, Inc. M, I FTr-VflffK.XtH4 MOM= Phase Number: XXP Expenses Principal Name', 88ttiOld, Jeffrey Expenses: B D2312018 000000198099 Commerce Bank 01130/18G.LemmeM18n 264.910 Enterprise Car Rental 33,210 6 2,2312018 000000198099 Commerce Bank 02/40l1 8 G. Lemmerman Enterprise Car Rental -Tolls B 212Y2018 000000198099 Commerce Bank 02112118 G. Lemme(Man 4.000 Enterprise Car RentAI-Tails Total for 302,120 Total Billable Expenses 302.120 Total Expenses 302,120 Units: 6 31412418 000000000278 Ft Myers B:5 4.0 8,6Xi 1 B&W @ 0,05 4,00 .050 .200 B 3/4/2018 000000000278 Ft Myers 13:25 S&o 8.5X I i CLR @ 0.25 66.00 .250 14,000 B 311112018 000000000432 Tampa B; 1.0 B&WCOPY 0 0,05 1100 1060 '050 B 3111/2018 000000000437 Ft Myers B: 4.011X17 B&W@ 0,20 4.00 100 .800 Total for WOO 16.060 Total Billable Units 66X0 15.060 Total Units 66.00 461050 Total for XXP 66.00 317.170 INIM Page 25 Thursday Project til &51::'siiri:k:tli"B"iS"""°'>•atmt9»:e: '.":.;481+."ifi#EF31bl6SRE33tY193t:.Yt4iin:T?::769t33;K"",5S»Lii� 4I1:C:15It:::ti:i:CfC:Y :S#S7Fl.li27: & aiiisi lei{6K.R5i1 82tS17T%S8E6.:R'..itt Mitt S::7.Ef:::C:t:E::::12kS: Phase umber: X P Ex sea Total for Expenses Reimbursable Expenses Expenses $154,039 TollslRentallAif 718 F AP 19€3099 212312018 Invoice: 254.91 719 F AP 198099 242312018 Invoice: 33.21 719 F AP 9 98098 2123/241 8 invoice: 4,00 733 F AP 1 98783 3122/201 8 Invoice: 53.16 Total for 5160.031 366.28 5154.1)47 photocopies 278 F UN' 278 314C2t318 8I8ck&Whigs 6.5X1 t / Ft 4 20 278 F UN 278 31442x18 Color Copies 8.5X91 l Ft 9�d. 432 F UN 432 311 1 12018 B€ack&Whtta e 5X11 t . 05 05 437 F UN 4373111/2x18 Black&White 11X17 (Ft .80 1&.85. Total for 51 ax.047 370°33 Total for Expenses 316.33 Total for Retmhursable Expenses Total for Expenses 370.33 370.33 Total for XXP v7.6.797 (RDU88) - Gast and 9lillsrg, Estimate Overhead, Shaw Uapusted, Show Cornrnli%d Page 1 of 2 Page 26 o .m m E � p1 � •_ @ .R m ._ � gmi � aoi a ey- m w vii � m 3 o m N Q Q o m3 -6 E -5— 'po N p m ~ N d n C N p a — Q NN O rfi p:N i0 �. U -c F N O ¢ m'�^• P� N @ � P� R 004$�:3k0©: CL^tee-• a z V •>Lp n6 Zw: n; t0 N o N C m ak pp�� p#p�� y.. Yppk�� Yk o m mo (� 3 -� aN mV .2. ?� •E E E'e EE oN.m9X, _ n 'y- n o E� E m_.o Q � E 4 m o m o m d' O D �p Q � :� P O w. m Z C � d c m h O N m o E C 6dt W a a •... U o a -dc a L° o m d m : U'i .- v d. - ,a .P� .'H:.._ s E E E y E E E '� 'm 'm - .- z 3 v v E M z o m c. c =c _. m H o o 0 0 3 0 o 0 0 0 3 0 a a a a o._ a a a U U U U: O N O O N tl' O 1- O O O O M C O In O wm M N o m Z v N 7 y o O O N o sf o h,` O o ti} V YS tC 00 M i{f V} O m M: fV O M O: N w tlR7 m N � tom+': te! •md• by �t CY. M:. rr N" uNi U Q � q O O IA ui O: m O O: O O� : OO O N: a O c0 O N -- O O h n :os of 0 m h r I h r' h•. r !�. r I, r, r I h r-- t" r I �, r r• m 9 w � ao � I m W> .I d O Y R C 0 N Ir d CL W p GlyLy C C U Vl Y Y R o o 12' m N o u o W C = J d L'. a co d m :. d y m fwd M .O d N y O y @ 0) O C d W N C y {'Y' m C © C C Y Y m N R mO C E d a : o v aa a 0 0 a �a� o 0 0 w IL a c a 61 n � m a' V U U U K V Q U J U U :. d U= U M rG C/ R' : -i : m y p HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA TABLE OF CONTENTS Page INDEPENDENT AUDITOR'S REPORT 1-2 MANAGEMENT'S DISCUSSION AND ANALYSIS 3-6 BASIC FINANCIAL STATEMENTS Government -Wide Financial Statements: Statement of Net Position 7 Statement of Activities 8 Fund Financial Statements: Balance Sheet — Governmental Funds 9 Reconciliation of the Balance Sheet — Governmental Funds to the Statement of Net Position 10 Statement of Revenues, Expenditures and Changes in Fund Balances — Governmental Funds 11 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities 12 Notes to Financial Statements 13-20 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual — General Fund 21 Notes to Required Supplementary Information 22 INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH nnVERN-MENT AUDITING STANDARDS 23-24 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10) OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 25 MANAGEMENT LETTER REQUIRED BY CHAPTER 10.550 OF THE RULES OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA 26-27 Grau 1, Associates w F INDEPENDENT AUDITOR'S REPORT To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida Report on the Financial Statements 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 (561) 994-9299 • (800) 299-4728 Fax (561)994-5823 www.graucpa.com We have audited the accompanying financial statements of the governmental activities and each major fund of Heritage Bay Community Development District, Collier County, Florida ("District") as of and for the fiscal year ended September 30, 2017, and the related notes to the financial statements, which collectively comprise the District's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the finanr_.ial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our Ai mit nnininns ........... _r..ninn.q I-- Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the District as of September 30, 2017, and the respective changes in financial position thereof for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated June 26, 2018, on our consideration of the District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control over financial reporting and compliance. Report on Other Legal and Regulatory Requirements We have also issued our report dated June 26, 2018, on our consideration of the District's compliance with the requirements of Section 218.415, Florida Statutes, as required by Rule 10.556(10) of the Auditor General of the State of Florida. The purpose of that report is to provide an opinion based on our examination conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. June 26, 2018 MANAGEMENT'S DISCUSSION AND ANALYSIS Our discussion and analysis of Heritage Bay Community Development District, Collier County, Florida ("District") provides a narrative overview of the District's financial activities for the fiscal year ended September 30, 2017. Please read it in conjunction with the District's Independent Auditor's Report, basic financial statements, accompanying notes and supplementary information to the basic financial statements. FINANCIAL HIGHLIGHTS The liabilities of the District exceeded its assets at the close of the most recent fiscal year resulting in a net position deficit balance of ($7,692,382). The change in the District's total net position in comparison with the priorfiscal year was $152,698, an increase. The key components of the District's net position and change in net position are reflected in the table in the government -wide financial analysis section. At September 30, 2017, the District's governmental funds reported combined ending fund balances of $1,401,097, a decrease of $(83,704) in comparison with the prior fiscal year. The total fund balance is restricted for debt service, non -spendable for prepaid items, assigned to operations, lakes and erosion control reserves, and the remainder is available for spending at the District's discretion. OVERVIEW OF FINANCIAL STATEMENTS This discussion and analysis are intended to serve as the introduction to the District's basic financial statements. The District's basic financial statements are comprised of three components: 1) government - wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. 1) Government -Wide Financial Statements The government -wide financial statements are designed to provide readers with a broad overview of the District's finances, in a manner similar to a private -sector business. The statement of net position presents information on all the District's assets, deferred outflows of resources, liabilities and deferred inflows of resources with the residual amount being reported as net position. Overtime, increases or decreases in net position may serve as a useful indicator of whether the financial position of the District is improving or deteriorating. The statement of activities presents information showing how the government's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. The government -wide financial statements include all governmental activities that are principally supported by Ial assessment revenues. The Dictrirrt rinac not nave env husiness-tune activities. The Governmental Special ass^c�Sm�,,,. ,..,,.,,,.,.,,.. The ........,.,. - - activities of the District include the general government (management), and maintenance and operations functions. 2) Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The District, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance -related legal requirements. The District has one fund category: governmental funds. OVERVIEW OF FINANCIAL STATEMENTS (Continued) Governmental Funds Governmental funds are used to account for essentially the same functions reported as governmental activities in the government -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on near-term inflows and outflow of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a District's near-term financing requirements. Because the focus of governmental funds is narrowerthan thatof the government -wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government -wide financial statements. By doing so, readers may better understand the long-term impact of the District's near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. The District maintains two governmental funds for external reporting. Information is presented separately in the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances for the general fund and the debt service fund, both of which are considered major funds. The District adopts an annual appropriated budget for its general fund. A budgetary comparison schedule has been provided for the general fund to demonstrate compliance with the budget. 3) Notes to the Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government -wide and fund financial statements. GOVERNMENT -WIDE FINANCIAL ANALYSIS As noted earlier, net position may serve overtime as a useful indicator of an entity's financial position. In the case of the District, liabilities exceeded assets at the close of the most recent fiscal year. Key components of the District's net position are reflected in the following table: NET POSITION SEPTEMBER 30, Current and other assets Capital assets, net of depreciation Total assets Current liabilities Long-term liabilities Total liabilities Net position Net investment in capital assets Restricted Unrestricted Total net position 2017 2016 $ 1,438,653 $ 1,554,175 7,807,019 8,311,917 9,245,672 9,866,092 292,631 333,395 16, 645,423 17, 377,777 16,93B4O54 17,711,172 (8,838,404) (8,815,860) 861,866 824,832 284,156 145,948 $ (7,692,382) $ (7,845,080) The District's net position reflects its investment in capital assets (e.g. land, land improvements, and infrastructure) less any related debt used to acquire those assets that is still outstanding. These assets are used to provide services to residents; consequently, these assets are not available for future spending. Although the District's investment in capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. GOVERNMENT -WIDE FINANCIAL ANALYSIS (Continued The restricted portion of the District's net position represents resources that are subject to external restrictions on how they may be used. The remaining balance of unrestricted net position may be used to meet the District's other obligations. The District's net position increased during the most recent fiscal year. The majority of the increase represents the extent to which ongoing program revenues exceeded the cost of operations and depreciation expense. Key elements of the change in net position are reflected in the following table CHANGES IN NET POSITION FOR THE FISCAL YEAR END SEPTEMBER 30, As noted above and in the statement of activities, the cost of all governmental activities during the fiscal year ended September 30, 2017 was $1,495,552. The costs of the District's activities were primarily funded by program revenues. General revenue, comprised primarily of other miscellaneous revenue, decreased in the current fiscal year due to less reimbursements from Heritage Bay Umbrella Association related to the maintenance of storm water system. The decrease in current fiscal year expense is primarily the result of a decrease in maintenance costs. In prior fiscal year the District had an ongoing wall improvement project that was necessary to stabilize the lake bank near the bridge structure. GENERAL BUDGETING HIGHLIGHTS An operating budget was adopted and maintained by the governing board for the District pursuant to the t- i ti that Is d requirements of Florida Statutes. The budget is adopted using thesaiiie basis o. accounting ���a� �� use., in preparation of the fund financial statements. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. The general fund budget for the fiscal year ended September 30, 2017 was amended to increase revenues by $51,473, appropriations by $224,185, and use of funds by $172,712. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets At September 30, 2017, the District had $15,715,589 invested in capital assets for its governmental activities. In the government -wide financial statements depreciation of $7,908,570 has been taken, which resulted in a net book value of $7,807,019. More detailed information about the District's capital assets is presented in the notes of the financial statements. Capital Debt At September 30, 2017, the District had $16,110,000 in Bonds outstanding, $82,646 in Series 2015 Note outstanding, and $452,777 in Deferred Costs obligation outstanding for its governmental activities. More detailed information about the District's capital debt is presented in the notes of the financial statements. 2017 2016 Revenues: Program revenues $ 1,595,298 $ 1,591,926 General revenues 52,952 206,204 Total revenues 1,648,250 1,798,130 Expenses: General government 184,159 135,583 Maintenance and operations 681,058 1,168,748 Interest 630,335 649,259 Total expenses 1',495,552 1,953,590 Change in net position 152,698 (155,460) Net position - beginning (7,845,080) (7,689,620) Net position - ending $ (7,692,382) $ (7,845,080) As noted above and in the statement of activities, the cost of all governmental activities during the fiscal year ended September 30, 2017 was $1,495,552. The costs of the District's activities were primarily funded by program revenues. General revenue, comprised primarily of other miscellaneous revenue, decreased in the current fiscal year due to less reimbursements from Heritage Bay Umbrella Association related to the maintenance of storm water system. The decrease in current fiscal year expense is primarily the result of a decrease in maintenance costs. In prior fiscal year the District had an ongoing wall improvement project that was necessary to stabilize the lake bank near the bridge structure. GENERAL BUDGETING HIGHLIGHTS An operating budget was adopted and maintained by the governing board for the District pursuant to the t- i ti that Is d requirements of Florida Statutes. The budget is adopted using thesaiiie basis o. accounting ���a� �� use., in preparation of the fund financial statements. The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. The general fund budget for the fiscal year ended September 30, 2017 was amended to increase revenues by $51,473, appropriations by $224,185, and use of funds by $172,712. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets At September 30, 2017, the District had $15,715,589 invested in capital assets for its governmental activities. In the government -wide financial statements depreciation of $7,908,570 has been taken, which resulted in a net book value of $7,807,019. More detailed information about the District's capital assets is presented in the notes of the financial statements. Capital Debt At September 30, 2017, the District had $16,110,000 in Bonds outstanding, $82,646 in Series 2015 Note outstanding, and $452,777 in Deferred Costs obligation outstanding for its governmental activities. More detailed information about the District's capital debt is presented in the notes of the financial statements. ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND OTHER EVENTS For the subsequent fiscal year, the District anticipates that the cost of general operations will remain fairly constant. In connection with the District's future infrastructure maintenance and replacement plan, the District's costs will increase due to the lake erosion repairs and water quality monitoring. Subsequent to fiscal year end, the District issued $16,095,000 of Series 2018 A-1 Capital Improvement Revenue Bonds which will refund the Series 2014 Bonds. In addition, District issued $3,775,000 of Series 2018 A-2 Capital Improvement Revenue Bonds, which will finance the cost of constructing certain stormwater management and related improvements as well as paying in full the District's obligations under the 2015 Loan agreement. In addition, subsequent to fiscal year end, the District and the Developer executed a settlement agreement related to deferred obligation costs for the Series 2005 Project. CONTACTING THE DISTRICT'S FINANCIAL MANAGEMENT This financial report is designed to provide our citizens, land owners, customers, investors and creditors with a general overview of the District's finances and to demonstrate the District's accountability for the financial resources it manages and the stewardship of the facilities it maintains. If you have questions about this report or need additional financial information, contact the Heritage Bay Community Development District's Finance Department at 210 N. University Drive, Suite 702, Coral Springs, Florida, 33071. HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA STATEMENT OF NET POSITION SEPTEMBER 30, 2017 ASSETS Cash and cash equivalents Due from other governments Prepaids Restricted assets: Investments Capital assets: Depreciable, net Total assets LIABILITIES Accounts payable Accrued interest payable Non-current liabilities: Due within one year Due in more than one year Total liabilities NET POSITION Net investment in capital assets Restricted for debt service Unrestricted Total net position See notes to the financial statements Governmental Activities $ 298,947 10,453 4,159 1,125, 094 7,807,019 9,245,672 37,556 255,075 611,573 16,033,850 16,938,054 (8,838,404) 861,866 284,156 $ (7,692,382) F- / u \%qLLJUJ >-z/�uj «wURr C CD -J 0 Z E>/�I �wQ W uo��« Lu » & {q� \kF-U 0 ul U ? � 0 U. m / 2z �LOLO/\/ ® \) _ = ±m o @ #• Cl) . \® m- ® \ S` x / § E \ _ LU )/\_ } e = g c o } e a § ` x n 0 '/ \ 6 [ c [ / G % E /\\ � \ % s % e _ _ (f�0 0 © 0 z z _ f \LO 00 \0 \ 0 / _ \ /. Q \\. \ e m / \/g@§/ �LOLO/\/ k« e \ / m \ / _ )/\_ e = g c } a § ` x n 0 '/ \ 6 [ c [ / G % E a % :=± \ @ § \ % s % e _ _ o 0 z z m HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA BALANCE SHEET GOVERNMENTALFUNDS SEPTEMBER 30, 2017 ASSETS Cash and cash equivalents Investments Due from other governments Due from other funds Prepaids Total assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Due to other funds Total liabilities Fund balance: Nonspendable: Prepaid items Restricted for: Debt service Assigned to: Operating reserves Reserves - Erosion Control Reserves - Lakes Unassirinnd Total fund balance Total liabilities and fund balance Major Funds Total Governmental General Debt Service Funds $ 298,947 $ - $ 298,947 - 1,125, 094 1,125, 094 10,453 - 10,453 - 11,476 11,476 4,159 - 4,159 $ 313,559 $ 1,136,570 $ 1,450,129 $ 17,927 $ 19,629 $ 37,556 11,476 - 11,476 29,403 19,629 49,032 4,159 - 4,159 1,116,941 1,116,941 73,625 - 73,625 14,687 - 14,687 62,500 - 62,500 129,185 - 129,185 284,156 1,116,941 1,401,097 $ 313,559 $ 1,136,570 $ 1,450,129 See notes to the financial statements 9 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA RECONCILIATION OF THE BALANCE SHEET - GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION SEPTEMBER 30, 2017 Total fund balances - governmental funds $ 1,401,097 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported as assets in the governmental funds. The statement of net position includes those capital assets, net of any accumulated depreciation, in the net position of the government as a whole. Cost of capital assets 15,715,589 Accumulated depreciation (7,908,570) 7,807,019 Liabilities not due and payable from current available resources are not reported as liabilities in the governmental fund statements. All liabilities, both current and long-term, are reported in the government -wide financial statements. Accrued interest payable Deferred costs obligation Note obligation Bonds payable Net position of governmental activities See notes to the financial statements (255,075) (452,777) (82, 646) (16,110,000) (16,900,498) $ (7,692,382) 10 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTALFUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 REVENUES Assessments Other revenues Interest Total revenues EXPENDITURES Current: General government Maintenance and operations Debt Service: Principal Interest Capital outlay Total expenditures Excess (deficiency) of revenues over (under) expenditures Fund balance - beginning Fluid balance - ending Major Funds Total Governmental General Debt Service Funds $ 331,146 $ 1,260,583 $ 1,591,729 51,473 - 51,473 1,479 3,569 5,048 384,098 1,264,152 1,648,250 146,745 37,414 184,159 131,610 - 131,610 167,354 565,000 732,354 5,631 633,650 639,281 44,550 - 44,550 495,890 1,236,064 1,731,954 (111,792) 28,088 (83,704) 395,948 1,088,853 1,484,801 $ 284,156 $ 1,116,941 $ 1,401,097 See notes to the financial statements 11 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 Net change in fund balances - total governmental funds $ (83,704) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlays as expenditures, however, the cost of capital assets is eliminated in the statement of activities and capitalized in the statement of net position. 44,550 Repayment of long-term liabilities are reported as expenditures in the governmental fund financial statements, but such repayments reduce liabilities in the statement of net position and are eliminated in the statement of activities. 732,354 The change in accrued interest on long-term liabilities between the current and prior fiscal years is recorded in the statement of activities, but not in the governmental fund financial statements. 8,946 Depreciation on capital assets is not recognized in the governmental fund financial statements, but is reported as an expense in the statement of activities. (549,448) Change in net position of governmental activities lbz,eyb See notes to the financial statements 12 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA NOTES TO FINANCIAL STATEMENTS NOTE 1 — NATURE OF ORGANIZATION AND REPORTING ENTITY Heritage Bay Community Development District ("District") was created on May 1, 2005 by Ordinance 05-24 of the Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, otherwise known as Chapter 190, Florida Statutes. The Act provides among other things, the power to manage basic services for community development, power to borrow money and issue bonds, and to levy and assess non - ad valorem assessments for the financing and delivery of capital infrastructure. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of a portion of the infrastructure necessary for community development within the District. The District is governed by the Board of Supervisors ("Board"), which is composed of five members. The Supervisors are elected by the owners of the property within the District. The Board of Supervisors of the District exercise all powers granted to the District pursuant to Chapter 190, Florida Statutes. The Board has the responsibility for: 1. Assessing and levying assessments. 2. Approving budgets. 3. Exercising control over facilities and properties. 4. Controlling the use of funds generated by the District. 5. Approving the hiring and firing of key personnel. 6. Financing improvements. The financial statements were prepared in accordance with Governmental Accounting Standards Board ("GASB") Statements. Under the provisions of those standards, the financial reporting entity consists of the primary government, organizations for which the District is considered to be financially accountable, and other organizations for which the nature and significance of their relationship with the District are such that, if excluded, the financial statements of the District would be considered incomplete or misleading. There are no entities considered to be component units of the District; therefore, the financial statements include only the operations of the District. NOTE 2 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Government -Wide and Fund Financial Statements The basic financial statements include both government -wide and fund financial statements. The government -wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the non -fiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment; operating -type special assessments for maintenance and debt service are treated as charges for services and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Other items not included among program revenues are reported instead as general revenues. 13 NOTE 2 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Measurement Focus Basis of Accounting and Financial Statement Presentation The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Assessments are recognized as revenues in the year for which they are levied. Grants and similar items are to be recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures are recorded only when payment is due. Assessments Assessments are non -ad valorem assessments on benefited lands within the District. Assessments are levied to pay for the operations and maintenance of the District. The fiscal year for which annual assessments are levied begins on October 1 with discounts available for payments through February 28 and become delinquent on April 1. The District's annual assessments for operations and debt service are billed and collected by the County Tax Assessor/Collector for non -Developer owned lots. The amounts remitted to the District are net of applicable discounts or fees. In addition, amounts remitted by the County Tax Assessor/Collector include interest on monies held from the day of collection to the day of distribution. Assessments and interest associated with the current fiscal period are considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. The portion of assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. The District reports the following major governmental funds: General Fund The general fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. Debt Service Fund The debt service fund is used to account for the accumulation of resources for the annual payment of principal and interest on long-term debt. As a general rule, the effect of interfund activity has been eliminated from the government -wide financial statements. When both restricted and unrestricted resources are available for use, it is the government's policy to use restricted resources first for qualifying expenditures, then unrestricted resources as they are needed. 14 NOTE 2 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets. Liabilities and Net Position or Equity Restricted Assets These assets represent cash and investments set aside pursuant to Bond covenants or other contractual restrictions. Deposits and Investments The District's cash and cash equivalents are considered to be cash on hand and demand deposits (interest and non-interest bearing). The District has elected to proceed under the Alternative Investment Guidelines as set forth in Section 218.415 (17) Florida Statutes. The District may invest any surplus public funds in the following: a) The Local Government Surplus Trust Funds, or any intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act; b) Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; c) Interest bearing time deposits or savings accounts in qualified public depositories; d) Direct obligations of the U.S. Treasury. Securities listed in paragraph c and d shall be invested to provide sufficient liquidity to pay obligations as they come due. The District records all interest revenue related to investment activities in the respective funds. Investments are measured at amortized cost or reported at fair value as required by generally accepted accounting principles. Inventories and Prepaid Items Inventories of governmental funds are recorded as expenditures when consumed rather than when purchased. Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and fund financial statements. Capital Assets Capital s � ich incl de property, plant and equinment and infraOnicfilre assets (e.g., roads, sidewalks �aNuai assets, whichi � w�U�...:; p. �N...r�y, N•`^• y... r....,.. .., .. assets similar items) are reported in the government activities columns in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 (amount not rounded) and an estimated useful life in excess of two years. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend e's livesare not C_rpH�fi o j Uninr ni itlavc fnr ranital acsats and imnmvements are capitalized as pr0lects aSacw auto u� w• vuNna...�...�.. ...,.�.... ..M,.,.y., ,... ..,,.r.,_.. _..._... _ - - - are constructed Property, plant and equipment of the District are depreciated using the straight-line method overthe following estimated useful lives: Assets Years Water management 25 Other Infrastructure 10 In the governmental fund financial statements, amounts incurred for the acquisition of capital assets are reported as fund expenditures, Depreciation expense is not reported in the governmental fund financial statements. 15 NOTE 2 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets. Liabilities and Net Position or Equity (Continued) Unearned Revenue Governmental funds report unearned revenue in connection with resources that have been received, but not yet earned. Long -Term Obligations In the government -wide financial statements long-term debt and other long-term obligations are reported as liabilities in the statement of net position. Bond premiums and discounts are deferred and amortized ratably over the life of the Bonds. Bonds payable are reported net of applicable premiums or discounts. Bond issuance costs are expensed when incurred. In the fund financial statements, governmental fund types recognize premiums and discounts, as well as issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts on debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. Deferred Outflows/Inflows of Resources Deferred outflows of resources represent a consumption of net position that applies to future reporting period(s). For example, the District would record deferred outflows of resources on the statement of net position related to debit amounts resulting from current and advance refundings resulting in the defeasance of debt (i.e. when there are differences between the reacquisition price and the net carrying amount of the old debt). Deferred inflows of resources represent an acquisition of net position that applies to future reporting period(s). For example, when an asset is recorded in the governmental fund financial statements, but the revenue is unavailable, the District reports a deferred inflow of resources on the balance sheet until such times as the revenue becomes available. Fund Equity/Net Position In the fund financial statements, governmental funds report non spendable and restricted fund balance for amounts that are not available for appropriation or are legally restricted by outside parties for use for a specific purpose. Assignments of fund balance represent tentative management plans that are subject to change. The District can establish limitations on the use of fund balance as follows: Committed fund balance — Amounts that can be used only for the specific purposes determined by a formal action (resolution) of the Board of Supervisors. Commitments may be changed or lifted only by the Board of Supervisors taking the same formal action (resolution) that imposed the constraint originally. Resources accumulated pursuant to stabilization arrangements sometimes are reported in this category. �.. ate_ o,.......a ,-.[ Assigned fund balance — Includes spendable fund balance amounts established by are Board o Supervisors that are intended to be used for specific purposes that are neither considered restricted nor committed. The Board may also assign fund balance as it does when appropriating fund balance to cover differences in estimated revenue and appropriations in the subsequent year's appropriated budget. Assignments are generally temporary and normally the same formal action need not be taken to remove the assignment. The District first uses committed fund balance, followed by assigned fund balance and then unassigned fund balance when expenditures are incurred for purposes for which amounts in any of the unrestricted fund balance classifications could be used. 16 NOTE 2 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Assets. Liabilities and Net Position or Equity (Continued) Fund Equity/Net Position (Continued) Net position is the difference between assets and deferred outflows of resources less liabilities and deferred inflows of resources. Net position in the government -wide financial statements are categorized as net investment in capital assets, restricted or unrestricted. Net investment in capital assets represents net position related to infrastructure and property, plant and equipment. Restricted net position represents the assets restricted by the District's Bond covenants or other contractual restrictions. Unrestricted net position consists of the net position not meeting the definition of either of the other two components. Other Disclosures Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities, and disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. NOTE 3 — BUDGETARY INFORMATION The District is required to establish a budgetary system and an approved Annual Budget. Annual Budgets are adopted on a basis consistent with generally accepted accounting principles for the general fund. All annual appropriations lapse at fiscal year-end. The District follows these procedures in establishing the budgetary data reflected in the financial statements a) Each year the District Manager submits to the District Board a proposed operating budget for the fiscal year commencing the following October 1. b) Public hearings are conducted to obtain public comments. c) Prior to October 1, the budget is legally adopted by the District Board. d) All budget changes must be approved by the District Board. e) The budgets are adopted on a basis consistent with generally accepted accounting principles. f) Unused appropriation for annually budgeted funds lapse at the end of the year. NOTE C 4— DEPOSITS S AND INVESTMENT S Deposits The District's cash balances were entirely covered by federal depository insurance or by a collateral pool pledged to the State Treasurer. Florida Statutes Chapter 280, "Florida Security for Public Deposits Act", requires all qualified depositories to deposit with the Treasurer or another banking institution eligible collateral equal to various percentages of the average daily balance for each month of all public deposits in excess of _u TLe percentage of eligible collateral (generally, U.S.Governmental and any applicable deposit insurance �ItlIU. I I.0 Nercell�Qy� �� �I�y�u�� ����u���u, �y.,,,�,u„y, ��Governmental �..� agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. 17 NOTE 4 — DEPOSITS AND INVESTMENTS (Continued) Investments The District's investments were held as follows at September 30, 2017: Investment Amortized cost Credit Risk Maturity First American Government Weighted average of the Obligation Fund CL Y $ 1,125,094 S&PAAAm fund portfolio: 23 days Total Investments $ 1,125,094 Credit risk — For investments, credit risk is generally the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Investment ratings by investment type are included in the preceding summary of investments. Concentration risk — The District places no limit on the amount the District may invest in any one issuer. Interest rate risk— The District does not have a formal policy that limits investment maturities as a means of managing exposure to fair value losses arising from increasing interest rates. However, the Bond Indenture limits the type of investments held using unspent proceeds. Fair Value Measurement— When applicable, the District measures and records its investments using fair value measurement guidelines established in accordance with GASB Statements. The framework for measuring fair value provides a fair value hierarchy that prioritizes the inputs to valuation techniques. These guidelines recognize a three -tiered fair value hierarchy, in order of highest priority, as follows: • Level 1: Investments whose values are based on unadjusted quoted prices for identical investments in active markets that the District has the ability to access; • Level 2: Investments whose inputs -other than quoted market prices -are observable either directly or indirectly; and, • Level 3: Investments whose inputs are unobservable. The fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the entire fair value measurement. Valuation techniques used should maximize the use of observable inputs and minimize the use of unobservable inputs. Money market investments that have a maturity at the time of purchase of one year or less and are held by governments other than external investment pools should be measured at amortized cost. Accordingly, the District's investments have been reported at amortized cost above. NOTE 5 — CAPITAL ASSETS CCapital accPt nrtiviry fpr the fiscal vear ended September 30. 2017 was as follows: apital .......... ..... .. .f _. _..-..___. �__.. _ _ , Governmental activities Capital assets, being depreciated Infrastructure Total capital assets, being depreciated Less accumulated depreciation for: Infrastructure Total accumulated depreciation Total capital assets, being depreciated, net Governmental activities capital assets, net Beginning Ending Balance Additions Reductions Balance $15,671,039 $ 44,550 $ $15,715,589 15,671,039 44,550 15,715,589 7,359,122 549,448 7,908,570 7,359,122 549,448 7,908,570 8,311,917 (504,898) 7,807,019 $ 8,311,917 $ (504,898) $ $ 7,807,019 Depreciation expense was charged to maintenance and operations function. 18 NOTE 6 — LONG-TERM LIABILITIES Series 2014 On August 1, 2014, the District issued $17,490,000 of Capital Improvement Revenue Refunding Bonds, Series 2014 due on May 1, 2029 with a fixed interest rate of 3.30%. The Bonds were issued to refund the Series 2005 Bonds. Interest is to be paid semiannually on each May 1 and November 1, commencing May 1, 2015. Principal on the Bonds is to be paid serially commencing May 1, 2015 through May 1, 2029. The Series 2014 Bonds are subject to redemption at the option of the District prior to their maturity. The Bonds are subject to extraordinary mandatory redemption prior to maturity, in whole on any date, and in part on each interest payment date, in the manner determined by the Bond Registrar if certain events occurred as outlined in the Bond Indenture. The Bond Indenture established a debt service reserve requirement as well as other restrictions and requirements relating principally to the use of proceeds to pay for the infrastructure improvements and the procedures to be followed by the District on assessments to property owners. The District agrees to levy special assessments in annual amounts adequate to provide payment of debt service and to meet the reserve requirements. The District was in compliance with the requirements at September 30, 2017. Developer Liability In prior years, in connection with the Series 2005 project, the Developer advanced certain amounts to the District for construction. The deferred cost liabilitywas estimated at $1,474,304. A liability balance of $452,777 exists at September 30, 2017. The remaining balance will be paid as funds become available. The balance owed to the Developer is not included in the maturity schedule below. Series 2015 Note On September 10, 2015, the District obtained from CNL Bank a $250,000 line of credit (also referred as 2015 Note) due on September 10, 2020 with fixed interest rate of 4.00%. The line of credit was issued to fund improvements to the bridge retaining wall (the "Project"). Beginning on October 10, 2015 and continuing on the same day of each month thereafter for nine (9) months, the District shall make interest only payments. Beginning July 10, 2016, the District made principal and interest payments monthly for fifty one (51) consecutive months, in an amount calculated bythe Noteholder, based on the outstanding principal balance of the Series 2015 Note on June 10, 2016 and a fifty one (51) month amortization period. The unpaid principal balance of this Series 2015 Note, together with all accrued interest and charges owing in connection therewith, shall be due and payable on the Maturity Date. In the current fiscal year, the District prepaid $150,000 in principal balance. Long-term Debt Activity Changes in long-term liability activity for the fiscal year ended September 30, 2017 were as follows: Beginning Ending Due Within Balance Additions Reductions Balance One Year Governmental activities Bonds payable. Series 2015 note $ 250,000 $ $ 167,354 $ 82,646 $ 26,573 Series 2014 16,675,000 565,000 16,110,000 585,000 Deferred cost obligation 452,777 - 452,777 - Total $ 17,377,777 $ $ 732,354 $16,645,423 $ 611,573 19 NOTE 6 — LONG-TERM LIABILITIES (Continued) Long-term Debt Activity (Continued) At September 30, 2017, the scheduled debt service requirements on the long-term debt were as follows: Governmental Activities Year ending September 30: Principal Interest Total 2018 $ 611,573 $ 615,002 $ 1,226,575 2019 637,669 591,689 1,229,358 2020 663,404 567,382 1,230,786 2021 660,000 542,640 1,202,640 2022 680,000 517,560 1,197,560 2023-2027 3,850,000 2,177,400 6,027,400 2028-2029 9,090,000 657,970 9,747,970 Total $ 16,192,646 $ 5,669,643 $ 21,862,289 NOTE 7 — DEFICIT NET POSITION The District has a government -wide net position deficit of ($7,692,382) as of September 30, 2017. There is no such deficit reflected in the governmental fund statements. The deficit in the government -wide statement of net position primarily relates to the excess of the amount of long-term debt outstanding over the amount of capital assets, net of accumulated depreciation. Ina prior year various infrastructure improvements necessary to complete the District were financed through the issuance of long-term debt but were conveyed to other entities for maintenance. Those capital assets are not included in the assets of the District; however, the long- term debt associated with those assets remains a liability of the District. NOTE 8 — MANAGEMENT COMPANY The District has contracted with a management company to perform management advisory services, which include financial and accounting services. Certain employees of the management company also serve as officers of the District. Under the agreement, the District compensates the management company for management, accounting, financial reporting, computer and other administrative costs. NOTE 9 — RISK MANAGEMENT The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The District has obtained commercial insurance from independent third parties to mitigate the costs of these risks; coverage may not extend to all situations. NOTE 10 — SUBSEQUENT EVENTS Subsequent to fiscal year end, the District issued $16,095,000 of Series 2018 A-1 Capital Improvement Revenue Bonds which will refund the Series 2014 Bonds. In addition, District issued $3,775,000 of Series 2018 A-2 Capital Improvement Revenue Bonds, which will finance the cost of constructing certain stormwater management and related improvements as well as paying in full the District's obligations underthe 2015 Loan agreement. In addition, subsequent to fiscal year end, the District and the Developer executed a settlement agreement related to deferred obligation costs for the Series 2005 Project. 20 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 REVENUES Assessments Other revenue Interest Total revenues EXPENDITURES Current: General government Physical environment Debt Service: Principal Interest Capital outlay Total expenditures Variance with Final Budget - Budgeted Amounts Actual Positive Original Final Amounts (Negative) $ 330,000 $ 330,000 $ 331,146 $ 1,146 - 51,473 51,473 - 500 500 1,479 979 330,500 381,973 384,098 2,125 114,832 158,306 146,745 11,561 153,168 216,525 131,610 84,915 54,750 172,104 167,354 4,750 7,750 7,750 5,631 2,119 - - 44,550 (44,550) 330,500 554,685 495,890 58,795 Excess (deficiency) of revenues over (under) expenditures $ - $ (172,712) (111,792) $ 60,920 OTHER FINANCING SOURCES Use of fund balance - 172,712 (172,712) Total other financing sources 172,712 - (172,712) Net change in fund balances $ $ - (111,792) $ (111,792) Fund balance - beginning 395,948 Fund balance - ending $ 284,156 See notes to required supplementary information 21 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA NOTES TO REQUIRED SUPPLEMENTARY INFORMATION The District is required to establish a budgetary system and an approved Annual Budget for the general fund. The District's budgeting process is based on estimates of cash receipts and cash expenditures which are approved by the Board. The budget approximates a basis consistent with accounting principles generally accepted in the United States of America (generally accepted accounting principles). The legal level of budgetary control, the level at which expenditures may not exceed budget, is in the aggregate. Any budget amendments that increase the aggregate budgeted appropriations must be approved by the Board of Supervisors. The general fund budget for the fiscal year ended September 30, 2017 was amended to increase revenues by $51,473, appropriations by $224,185, and use of funds by $172,712. 22 To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities and each major fund of Heritage Bay Community Development District, Collier County, Florida ("District') as of and for the fiscal year ended September 30, 2017, and the related notes to the financial statements, which collectively comprise the District's basic financial statements, and have issued our opinion thereon dated June 26, 2018. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the District's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the District's internal control. Accordingly, we do not express an opinion on the effectiveness of the District's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of inter i ial control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other matters As part of obtaining reasonable assurance about whether the District's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 23 Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. June 26, 2018 24 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 (561) 994-9299 • (800) 299-4728 _,.......w.. Fax (561) 994-5823 :EV'IFIED PUBLIC ACCOLIN`PAN'I'S www.graucpa.com INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, REQUIRED BY RULE 10.556(10) OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida We have examined Heritage Bay Community Development District, Collier County, Florida's ("District") compliance with the requirements of Section 218.415, Florida Statutes, in accordance with Rule 10.556(10) of the Auditor General of the State of Florida during the fiscal year ended September 30, 2017. Management is responsible for the District's compliance with those requirements. Our responsibility is to express an opinion on the District's compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable assurance about whether the District complied, in all material respects, with the specified requirements referenced in Section 218.415, Florida Statutes. An examination involves performing procedures to obtain evidence about whether the District complied with the specified requirements. The nature, timing, and extent of the procedures selected depend on our judgment, including an assessment of the risks of material noncompliance, whether due to fraud or error. We believe that the evidence we obtained is sufficient and appropriate to provide a reasonable basis for our opinion. Our examination does not provide a legal determination on the District's compliance with specified requirements. In our opinion, the District complied, in all material respects, with the aforementioned requirements for the fiscal year ended September 30, 2017. This report is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida Auditor General, management, and the Board of Supervisors of Heritage Bay Community Development District, Collier County, Florida and is not intended to be and should not be used by anyone other than these specified parties. June 26, 2018 25 To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida Report on the Financial Statements We have audited the accompanying basic financial statements of Heritage Bay Community Development District, Collier County, Florida ("District") as of and for the fiscal year ended September 30, 2017, and have issued our report thereon dated June 26, 2018. Auditor's Responsibility We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Chapter 10.550, Rules of the Auditor General. Other Reporting Requirements We have issued our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements Performed in Accordance with Government Auditing Standards; and Independent Auditor's Report on an examination conducted in accordance with AICPA Professional Standards, AT -C Section 315, regarding compliance requirements in accordance with Chapter 10.550, Rules of the Auditor General. Disclosures in those reports, which are dated June 26, 2018, should be considered in conjunction with this management letter. Purpose of this Letter The purpose of this letter is to comment on those matters required by Chapter 10.550 of the Rules of the Auditor General for the State of Florida. Accordingly, in connection with our audit of the financial statements of the District, as described in the first paragraph, we report the following: I. Current year findings and recommendations. II. Status of prior year findings and recommendations. III. Compliance with the Provisions of the Auditor General of the State of Florida. Our management letter is intended solely for the information and use of the Legislative Auditing Committee, members of the Florida Senate and the Florida House of Representatives, the Florida lua nuuiwr General, Federal and other granting agencies, as applicable, management, and the Board of Supervisors of Heritage Bay Community Development District, Collier County, Florida and is not intended to be and should not be used by anyone other than these specified parties. We wish to thank Heritage Bay Community Development District, Collier County, Florida and the personnel associated with it, for the opportunity to be of service to them in this endeavor as well as future engagements, and the courtesies extended to us. June 26, 2018 26 REPORT TO MANAGEMENT I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS None 11. PRIOR YEAR FINDINGS None III. COMPLIANCE WITH THE PROVISIONS OF THE AUDITOR GENERAL OF THE STATE OF FLORIDA Unless otherwise required to be reported in the auditor's report on compliance and internal controls, the management letter shall include, but not be limited to the following: 1. A statement as to whether or not corrective actions have been taken to address findings and recommendations made in the preceding annual financial audit report. There were no significant findings and recommendations made in the preceding annual financial audit report for the fiscal year ended September 30, 2016, 2. Any recommendations to improve the local governmental entity's financial management. There were no such matters discovered by, or that came to the attention of, the auditor, to be reported for the fiscal year ended September 30, 2017. 3. Noncompliance with provisions of contracts or grant agreements, or abuse, that have occurred, or are likely to have occurred, that have an effect on the financial statements that is less than material but which warrants the attention of those charged with governance. There were no such matters discovered by, or that came to the attention of, the auditor, to be reported, for the fiscal year ended September 30, 2017. 4. The name or official title and legal authority of the District are disclosed in the notes to the financial statements. 5. The financial report filed with the Florida Department of f=inancial Services pursuant to Section 218.32(1)(a), Florida Statutes agrees with the September 30, 2017 financial audit report. 6. The District has not met one or more of the financial emergency conditions described in Section 218.503(1), Florida Statutes. 7. We applied financial condition assessment procedures and no deteriorating financial conditions were noted as of September 30, 2017. It is management's responsibility to monitor financial condition, and our financial condition assessment was based in part on representations made by management and the review of financial information provided by same. 27 I N FRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 6/21/18 — Field Management Report www.iPfi-arriarl<ims.com Inspected on: 6/21/18 by: Brandon RDinme sLake Management The water levels are beginning to raise from the last visit. The lakes were in very good shape with minimal weeds, Illinois pond weed seems to be beginning to form along bank in lake 19. Recommend removal. a. Algae on Lakes: Low density of algae on lakes 26, 28,5 and 17. Recommend Treatment Inframark Monthly Management Report b. Littorals: i. Alligator Flag in Lakes: No issues observed. C. Weeds: t. AlligAtor Wp.ed in I Akp-c;- No issues observed, i , , Brazilian Pepper: No issues observed. ii I, Cattails in Lakes: No issues observed. Climbing Hemp Vine in Lakes: No issues observed. v- Dollar Weed in Lakes: No issues observed. vi. Hydrilla in Lakes: No issues observed. Inframark Monthly Management Report 2 v i i. Illinois Pond Weed in Lakes: Visible in lake 19. viii Palms on Lake Banks: Young palms should be sprayed to prevent from growing into mature trees creating a maintenance item for the District. The Board may want to consider removal of this palm on Lake 24. x, Red Ludwigia in Lakes: 12. Inframark Monthly Management Report x. Sedges in Lakes: No issues observed. >J, Spatterdock/Lily Pads in Lakes: No issues observed. Torpedo Grass in Lakes: Visible in lake 19, 30,18 and 15 (pictured). Inframark Monthly Management Report ;,'ii Various Submerged weeds in Lakes: No issues observed. . Rocks: The weeds on the east and south banks of lake 30A need to be sprayed out. e. Trash in Lakes: Since the water level is down with the lack of rain, Lake & Wetland has done a great job removing all the debris that was previously observed in the lakes. . Bulkheads: No issues observed. g. Clippings in Lakes: No issues observed. e Lakes sprayed: Lakes have recently just been sprayed for weeds. (picture of lakes 9 & 10) Inframark Monthly Management Report . Lake Bank Erosion Lake 30A and lake 30 lake embankments are in the process of being repaired. See several photos below. inframark Monthly Management Report 13. Major Erosion starting around main intake atLake 21. � Control Structures: i. Basin 1: Control Structure LKIO was noL flowing. ii. Basin 2: Control Structure 1-61-20 was not flowing. Control Structure 1-121-20 was not iii. Basin 3: Control Structure L25L8Owas not flowing. iv, Basin 4& 5:Control Structure L28L3Owas not flowing. Inframark Monthly Management Report ® Bass ❑Bream ❑ Egrets ❑ Herons ®Anhinga ❑ Cormorant ❑ Woodstork ❑ Otter ❑ Catfish ❑ Gambusia ® Turtles ❑ Coots ❑ Gallinules ❑ Snakes ❑ Osprey ❑ Ibis ® Alligators ❑ Other: . Residential Complaints/Concerns: No concerns addressed at this time. 6, Non -CDD Issues: No issues observed Inframark Monthly Management Report June 25, 2018 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services 3ustin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Description Most recent service completed on June 19th. Below observations were noted on Tuesday June 19t" Lake 1 - No Issues Lake 2 - No Issues Lake 3 - No Issues Lake 4 - No Issues Lake 5 - No Issues Lake 6 - Algae (medium density) Lake 7 - Algae (small density) Lake 8 - No Issues Lake 9 - No issues Lake 10 - No issues Lake it - No Issues Lake 12 - No Issues Lake 13 - No Issues Lake 14 - No Issues Lake 15 - No Issues I aka 1 6 - 1\In Issues Lake 17 - No Issues Lake 18 - No Issues Lake 19 - No Issues Lake 20 - Pondweed & grasses observed (medium density) Lake 21 - No Issues Lake 22 - No Issues Lake 23 - No Issues Lake 24 - No Issues Lake 25 - No Issues Lake 26 - No Issues Lake 27 - No Issues Lake 28 - Grasses (low to medium density) Lake 29 - No Issues Lake 30A & 30B - Grasses (medium density) Treated on 6/19/18 during inspection Ongoing treatment for Pondweed. Lake and Wetland Management, Inc. Orlando -Tampa (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetiand.com e www.lakeandwetland.com June Inspection Report Page 2 In summary, lakes are looking good. Regular rains have begun to increase lake levels and will continue to rise. Weather conditions have made algae blooms something to contiunally watch for and treat as needed. Thank you, Gonzalo Ayres Lake and Wetland Management Orlando -Tampa, Inc. Gonzalo.Ayres@Lakeandwetland.com (239) 580-8711 cell Lake and Wetland Management, Inc. Orlando -Tampa (239) 313.6947 Office • (239) 313.6950 Fax • westcoast@lakeandwetland.com • www.lakeandweticind.com