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Backup Documents 10/08/2019 Item #16I1
16 1 1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 8, 2019 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Cedar Hammock Community Development District: Meeting Agenda 06/17/2019 Meeting Minutes 06/17/2019 2) Heritage Bay Community Development District: Meeting Agenda 06/06/2019; 08/01/2019 Meeting Minutes 06/06/2019; 08/01/2019 3) Key Marco Community Development District: Meeting Agenda 06/19/2019 Meeting Minutes 06/19/2019 4) North Collier Fire Control & Rescue District: FY2019/2020 Annual Report & Supporting Documents B. OTHER: 1) US Army Corps of Engineers: Letter from the Department of Army regarding a change to the Collier County Coastal Storm Risk Management Feasibility Study milestone schedule 16I1A 1 Cedar Hammock Community Development District Board of Supervisors Norman Day,Chairman Quentin Greeley,Vice Chairman Justin Faircloth,District Manager Fred Bally,Assistant Secretary Dan Cox,District Counsel John Martino,Assistant Secretary Sam Marshall,District Engineer Gene T.Bolton,Assistant Secretary Meeting Agenda June 17,2019—2:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Comments on Agenda Items 4. Old Business A. Bulkhead and Bridge Repair Replacement Bid Update 5. New Business A. Bridging Solutions Proposal for Structural Engineering Services B. Kipp Schulties Golf Design, Inc. Proposal for Consultation, Design, and Bidding Administration(under separate cover) 6. Attorney's Report A. Update on Letter to Master Association Regarding Use of District's Roadways & Cooperation with Proposed Cap Rock Construction Method for Bulkhead&Bridge Repair Replacement 7. Engineer's Report A. New District Map Update 8. Manager's Report A. Approval of the Minutes of May 14,2019 Meeting B. Acceptance of the Financials C. Follow Up Items 9. Supervisors Requests 10.Audience Comments 11.Adjournment 1 6 1 1 A 1 BflaiL ruts�t �e � NaplesNews.com Published Daily Naples,FL 34110 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Natalie Zollar who on oath says that she serves as Inside Sales Manager of the Naples Daily News,a daily newspaper published at Naples,in Collier County, Florida;distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed.Affiant further says that the said Naples Daily News is a newspaper published at Na- ples,in said Collier County,Florida,and that the said newspaper has heretofore been continuously published in said Collier County, Florida;distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples,in said Collier County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Customer Ad Number Copyline P.O.# CEDAR HAMMOCK COMMUNITY 2282426 Notice of Meetings C Pub Dates May 20,2019 J --eq 0,Ye 9-e/a .- - (Sign ture of affiant) •:,;W: KAPOL EKANGAS 1 I .,.,:,;W:',., t Nosy Publk-StatedFFlorke ( Sworn to and subscribed before me ,� commhslon KGG 06041 This June 11,2019 1 `�"y , MyComm.Expires 1J29,2021 1 (Signature of affiant) 16I1A1 Notice of Meetings Cedar Hammock Community Development District The Board of Supervisors of the Cedar Hammock Communit Development District will hold their meetings for Fiscal Year 2019 at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida at 2:00pm. on the second Monday of the following months except as noted: June 17,2019 July 15,2019 September 3,2019 There may be occasions when one or more Supervisors will participate by telephone. Meetings may be continued to a date and time certain which will be announced at the meeting. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations at this meeting because of adisability or physical impairment should contact the District Management Company, Inframark, Infrastructure Management Services at(954) 603-0033. If you are hearing or speech impaired, please contact the Florida Relay Service at 7-1-1 for aid in contacting the District Office. Each person who decides to appeal any action taken at these meetings 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 such appeal is to be based. Justin Faircloth District Manager May 20,2019 No.2282426 1 6 1 1 A 1 Bridging Solutions,LLC Agenda Page 6 g g 1�BRIDGING 15863 Seeoya Reserve Circle k Naples.FL 34110 WV SOLUTIONS Tel.(239)216-1370 rahh'ti,bridiinsz-solutions.corn wv .bridaing-solutions.com June 10, 2019 Cedar Hammock Community Development District(CDD) c/o Justin Faircloth, District Manager Inframark 5911 Country Lakes Drive Ft. Myers, FL 33905 RE: Proposal to Provide Professional Engineering Services for: Final Design and Bidding Services for(Cap Rock)Retaining Walls Cedar Hammock Golf Course Collier County,Florida Dear Mr. Faircloth: Bridging Solutions, LLC appreciates the opportunity to submit this proposal to provide engineering services based on: • Our review of conceptual wall plans by Golf Design,Inc. • Discussions at meeting at Banks Engineering office on June 5,2019 This proposal provides a scope of services and fee for the design of retaining walls structures consisting of natural cap rock materials.This type of wall would be constructed in approximately the same footprint as the existing timber walls and golf cart bridges and would involve the reconstruction of a portion of the golf course behind the wall. The design and drawings for the modifications to the golf course will be performed by Golf Design, Inc. Golf Design Inc. will also function as the lead professional related to soliciting bids for construction and recommendation of award. 1. SCOPE OF SERVICES 1.1. Coordination —Perform coordination with Golf Design, Inc. and Banks Engineering related to determining the design criteria for the retaining walls constructed using limestone cap rock materials. 1.2. Wall Design Calculations—Perform structural design calculations related to the stability of the proposed rock walls including determining the safety factors for bearing pressure, overturning and sliding. We design bridges to fit your site and budget. 1611A1 Agenda Page 7 mir SOLUTIONS 1.3. Structural Design Drawings-Develop structural design wall section details for each of the wall replacements shown on plans prepared by Golf Design, Inc. Attend one(1) CDD Board meeting to review the design and drawings. 1.4. Bidding Services — Attend a pre-bid meeting on site with interested contractors. Provide responses to written questions from the bidders related to the rock wall designs as required. Review the bids and provide comments related to the rock walls. Attend a CDD Board meeting to review the bids and assist in planning for construction. 2. COMPENSATION Bridging Solutions proposes to provide the above described services for a lump sum fee of$21,432. The attached proposal back-up forms provide a detailed breakdown of the fee options. This fee breakdown will be used to determine monthly progress billing amounts. 3. AGREEMENT TERMS If the above conditions are acceptable this proposal can become contractual by signing and dating below. The Terms and Conditions on the enclosed Exhibit A are incorporated and made a part of this Agreement. Please return one signed copy of this Agreement and Exhibit A to our office to serve as your authorization for us to proceed on this work. Thank you for your consideration of this proposal. Please contact me at 239-216-1370 if you have any questions. Respectfully, BRIDGING SOLUTIONS,LLC Ralph Verrastro,PE Principal Accepted this day of ,2019 By: Signature Printed or Typed Title: 2 We design bridges to fit your site and budget. 16I1A j. Agenda Page 8 EXHIBIT A—Terms and Conditions Indemnification: Bridging Solutions,LLC agrees,to the fullest extent permitted by law,to indemnify and hold harmless the Client, its officers, directors and employees (collectively, Client) against all damages, liabilities or costs, including reasonably attorneys' fees and defense costs,to the extent caused by the Consultant's negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom the Consultant is legally liable.The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Bridging Solutions, its officers, directors, employees and subconsultants (collectively, Consultant) against all damages, liabilities or costs, including reasonable attorneys' fees and defense costs,to the extent caused by the Client's negligent acts in connection with the Project and the acts of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Bridging Solutions shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and Bridging Solutions,the risks have been allocated such that the Client agrees,to the fullest extent permitted by law,to limit the liability of Bridging Solutions to thc Client for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes, including attorney's fees and costs and expert-witness fees and costs,so that the total aggregate liability of Bridging Solutions to the Client shall not exceed$50,000 or the project fee,whichever is smaller. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. PURSUANT TO FLORIDA STATUTES CHAPTER 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF BRIDGING SOLUTIONS, LLC MAY NOT BE HELD LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE. Termination of Services: This agreement may be terminated upon 5 days written notice by either party should the other fail to perform his obligations hereunder. In the event of termination, the Client shall pay Bridging Solutions, LLC for all services rendered to the date of termination,all reimbursable expenses,and reasonable termination expenses. Ownership of Documents: All documents produced by Bridging Solutions, LLC under this agreement shall remain the property of Bridging Solutions, LLC and may not be used by the Client for any other endeavor without written consent of Bridging Solutions,LLC. Dispute Resolution: Any claim or dispute between the Client and Bridging Solutions, LLC shall be submitted to non- binding mediation, subject to the parties agreeing to a mediator(s). This agreement shall be governed by the laws of the principal place of business of Bridging Solutions,LLC. Accuracy of Client Documents: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions required by this Agreement. Bridging Solutions, may use such information, requirements, reports,data,surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Electronic Documents: The Client acknowledges Bridging Solutions' plans and specifications,including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Client upon completion of the services and payment in full of the moneys due to Bridging Solutions, LLC. The Client shall not reuse or make or permit to be made any modifications to the plans and specifications without the prior written authorization of Bridging Solutions, LLC. The Client agrees to waive any claim against Bridging Solutions arising from any unauthorized reuse or modification of the plans and specifications. Excluded Services: Services not set forth above in the Scope of Services of this agreement are specifically excluded from the scope of Bridging Solutions' services. Bridging Solutions' assumes no responsibility to perform any services not specifically listed in the Scope of Services. Fiduciary Responsibility: The Client confirms that neither Bridging Solutions, LLC nor any of our subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary responsibility shall be owed to the Client by Bridging Solutions, LLC or any of our subconsultants or subcontractors, as a consequence of Bridging Solution's entering into this Agreement with the Client. V.4 Q V".1 WWII NO N , 0 (O g g i i , , i i , i i i i i i i i g i i N CD O -.1-§ Cr) 001) V O V ON ON O Y t") co" f� N N Cf 0) W ao F m 47 (O N 19 f9 /9 69 69 49 19 NT N! 19 V) b) 69 69 49 69 49 N) aft 4:9 69 69 /9 49 d) czoa C p c • m ate) a Q a 6 0 a y W 6.0 U 0 Q v> w U d y C N O Q. W as v, ..r. 0 if co V v. Qt+) co" 1- N J 0 N CO 69 49 49 19 49 V) f9 H) 63 co t9 CO 69 19 19 49 69 69 W M 69 49 H9 69 69 = O F-O O 0 m O OO O NO Q., O 060 O O Q O Co O ko a G 0o ,w y O u2• 2 �8 0 '.2C ? O O yE m^` co u N co 0 w CO Cl- 0 0 _ O m c o 0 cm O aNi') O w co co o0 v o �o c a co c W w co N co V' l O NN c] oi c C O W W co c0 co W 0 m 0 co O4) a m 69 Co ao 0 •C C 69 a c m E L, r N p to 1— gam m o a u .C2 c Re, > = N O N C 9 �z 0��p 2.. 8 0 0 40 e_ .,6 am c m a fn up E.p o Q.0 a C U C Q Z0 = £ a c o. O o F m o £ c7 u m 0 ;) 0 1- :Go 0. x o `$'i c o) 1Lil x o n W C m o N _ U ii H U m u) 1611A1 Cedar Hammock Golf & Country Club Proposal for Planning, Design and Bidding of Future CDD and Club Amenities Associated with the Cedar Hammock Golf Course Date of Document: June 10,2019 Proposal Clarifications This proposal covers the planning,design and general contractor bidding for the future improvements to CDD owned amenities and associated golf course modifications at the Cedar Hammock Golf&Country Club(CH). Construction oversight and project coordination of approved improvements will be considered an additional scope of work which will be contracted by a separate agreement at a later date. Design and Project Bidding to Contractors Kipp Schulties Golf Design,Inc.(KSGD)will complete a full evaluation of the existing CDD owned assets that exist within the Cedar Hammock Golf Course which are due to be replaced or improved in the near future based on engineer's recommendations for the need to replace such assets. Primarily,this includes bridges and bulkheads for which KSGD will develop improvement options that either replace these assets in kind or develop alternatives for consideration by the CDD. Because the CDD and CH are both financially supported by the same general public,the residents of CH,KSGD will also consider modifications to the CDD assets for CH to consider. KSGD will use a CDD provided 2019 scaled aerial photograph,bathymetric surveys and topographic survey(if available)of the golf course to use as a base map for the development of all plans,quantities and documents for any and all alternative options that are considered. Upon approval of the best options or alternatives that area approved by the CDD and CH(if applicable),KSGD will create a bid schedule and bidding documents and then send the planned scope of work out to bid to select golf course related contractors. KSGD will rely on CDD provided engineers to develop any needed detail drawings or cross sections for such amenities as wood or rock retaining walls,wood bridges and wood bridge decking, rock wall culverts and any lake equalizer piping that may be used to connect two bodies of water together(if applicable). Measurements and quantities for construction will be either be calculated or estimated for all things impacted by the project implementation. This includes,but not limited to,retaining walls,rip rap, bridging,storm water pipes,earthwork(cut and till), golf course drainage,cart paths,tees,sand bunkers, irrigation and sod/grass. This information will allow KSGD to develop a specific cost estimate for construction prior to bidding based upon other local and contracted 2019 golf course projects. Quantities and measurements will be digitized into AutoCAD for use in the construction bid documents. Upon completion of the design work,a colored AutoCAD and Photoshop rendering of all approved improvements will be created to present to the CDD and/or CH. The rendering will be cropped into sections for use in Power Point presentation formats. 1611A 1 KSGD will create a"Lake Modification Plan"which indicates the impacts to surface water acreage in order to permit the project with South Florida Water Management District(SFWMD). Calculations will be made relative to surface water areas filled and areas created along with the consideration of any surface water credits that may exist at CH via past permitted projects.All information,along with SFWMD approved lake bank cross sections will be provided to the CDD engineer for use in permit submission. Any work required by KSGD to aid the engineering consultant with obtaining permits for local and state water management districts, SFWMD,FDEP(Florida Department of Environmental Protection),ACOE (Army Corps of Engineers)and Collier County will be included within these services. Any tree related permits(if needed)would be handled by the consulting landscape architect. The cost of our services shall be$32,500. Expenses(up to$2,500)for a scaled aerial photograph(base map),travel to and from the site,production and printing(within reason)will be billed in addition to the fee. Three dimensional perspective drawings,if desired,of proposed changes within the plan will be available at an additional cost of$450.00/each. Upon completion of this plan and included within the aforementioned fee,will be a formal presentation to the CDD and/or CH. Terms of Agreement The CDD will be invoiced monthly while the work progresses. No work will ever be billed in advance, nor will we ever request any"up front"money. Invoices shall be paid within thirty days of the invoice date. Overdue payments are subject to an increase of 1.5%each month. Expenses for production(graphics and prints),travel and other project related materials would be reimbursed in addition to all fees. Mileage is calculated by current year IRS allowances. KSGD will always make every effort to have travel related reimbursable expenses shared with other KSGD clients within the local area. This proposal will expire if not approved by July 15,2019. Agreed and Approved(signature) Date Agreed and Approved(signature) Date Kipp Schulties—President(printed) Representative(name and title ofparty signing) Kipp Schulties Golf Design,Inc. Cedar Hammock CDD c/o Inframark 1611A1 Agenda Page 20 CEDAR HAMMOCK Community Development District Financial Report May 31, 2019 Prepared by; 6INFRAMARK INFRAi1NUCTUNE MANAGEMENT SERVICti 16I1A1 Agenda Page 21 CEDAR HAMMOCK Community Development District Financial Statements (Unaudited) May 39, 2019 1611A1 CEDAR HAMMOCK Agenda Page 22 Community Development District Table of Contents FINANCIAL STATEMENTS Pages Balance Sheet 1 General Fund 2-3 SUPPORTING SCHEDULES Non-Ad Valorem Special Assessments 4 Cash and Investment Report 5 Suntrust Bank Reconciliation 6 Valley National Bank Reconciliation 7 Check Register 8 1611A1 CEDAR HAMMOCK Agenda Page 23 Community Development District General Fund Balance Sheet May 31, 2019 ACCOUNT DESCRIPTION TOTAL ASSETS Cash-Checking Account $ 746,358 Investments: Certificates of Deposit-18 Months 103,130 Money Market Account 107,915 Deposits 1,359 TOTAL ASSETS $ 958,762 LIABILITIES Accounts Payable $ 7,418 Accrued Expenses 600 TOTAL LIABILITIES 8,018 FUND BALANCES Nonspendable: Deposits 1,359 Assigned to: Operating Reserves 43,617 Reserves- Bridges 120,190 Reserves- Bulkheads 135,928 Reserves-Lakes 32,153 Reserves-Roadways 157,725 Unassigned: 459,772 TOTAL FUND BALANCES $ 950,744 TOTAL LIABILITIES&FUND BALANCES $ 958,762 Page 1 1 6 1 1 A 1 CEDAR HAMMOCK Agenda Page 24 Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending May 31,2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 2,017 $ 1,345 $ 10,240 $ 8,895 Interest-Tax Collector - - 178 178 Special Assmnts-Tax Collector 379,523 379,523 378,114 (1,409) Special Assmnts-Discounts (15,181) (15,181) (13,960) 1,221 Other Miscellaneous Revenues - - 9,281 9,281 TOTAL REVENUES 366,359 365,687 383,853 18,166 EXPENDITURES Administration ProfServ-Engineering 30,000 20,000 20,198 (198) ProfServ-Legal Services 2,000 1,333 9,628 (8,295) ProfServ-Mgmt Consulting Sery 38,404 25,603 28,196 (2,593) ProfServ-Property Appraiser 5,693 5,693 5,693 - ProfServ-Special Assessment 2,941 2,941 7,941 (5,000) ProfServ-Web Site Maintenance 656 437 437 - Auditing Services 5,000 5,000 4,400 600 Postage and Freight 765 510 3,782 (3,272) Insurance-General Liability 7,959 7,959 7,000 959 Printing and Binding 2,246 1,497 975 522 Legal Advertising 2,394 1,596 6,181 (4,585) Misc-Bank Charges 700 467 380 87 Misc-Assessmnt Collection Cost 7,590 7,590 7,283 307 Misc-Web Hosting 239 239 239 - Office Supplies 400 267 28 239 Annual District Filing Fee 175 175 175 - Total Administration 107,162 81,307 102,536 (21,229) Page 2 16I1A 1 CEDAR HAMMOCK Agenda Page 25 Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending May 31,2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfServ-Field Management 1,539 1,026 2,245 (1,219) Contracts-Water Mgmt Services 7,200 4,800 4,800 - Utility-Cameras 1,320 880 867 13 Electricity-Wells 3,000 2,000 1,638 362 Electricity-Aerator 2,000 1,333 949 384 R&M-Lake 3,000 2,000 3,113 (1,113) R&M-Plant Replacement 3,015 2,010 - 2,010 R&M Bulkheads 8,000 8,000 8,000 - R&M-Bridges&Cart Paths 8,000 5,333 - 5,333 Misc-Contingency 20,289 13,526 6,675 6,851 Capital Outlay 9,944 6,008 6,008 - Reserve-Bridges 20,910 20,910 19,000 1,910 Reserve-Bulkheads 83,980 83,980 61,735 22,245 Reserve-Lakes 15,000 15,000 - 15,000 Reserve-Roadways 72,000 72,000 - 72,000 Total Field 259,197 238,806 115,030 123,776 TOTAL EXPENDITURES 366,359 320,113 217,566 102,547 Excess(deficiency)of revenues Over(under)expenditures - 45,574 166,287 120,713 Net change in fund balance $ - $ 45,574 $ 166,287 $ 120,713 FUND BALANCE,BEGINNING(OCT 1,2018) 784,457 784,457 784,457 FUND BALANCE,ENDING $ 784,457 $ 830,031 $ 950,744 Page 3 1 6 I 1 A I Agenda Page 26 CEDAR HAMMOCK Community Development District Supporting Schedules May 31, 2019 1611A1 CEDAR HAMMOCK Agenda Page 27 Community Development District Non-Ad Valorem Special Assessments (Collier County Tax Collector-Monthly Collection Distributions) For the Fiscal Year Ending September 30,2019 ALLOCATION Discount/ County Gross Date Net Amount (Penalties) Expense Amount General Fund Received Received Amount Amount Received Assessments Assessments Levied For FY 2019 $379,523 $ 379,523 Allocation % 100% 100% 11/01/18 42,900 1,824 876 45,600 45,600 11/08/18 3,422 194 70 3,686 3,686 11/19/18 130,936 5,567 2,672 139,175 139,175 11/26/18 78,204 3,325 1,596 83,125 83,125 12/24/18 55,235 2,292 1,127 58,654 58,654 01/24/19 22,501 677 459 23,637 23,637 02/18/19 6,058 114 124 6,295 6,295 04/01/19 9,722 38 198 9,958 9,958 04/26/19 5,497 - 112 5,609 5,609 05/24/19 2,397 (71) 49 2,375 2,375 TOTAL $ 356,871 $ 13,960 $ 7,283 $ 378,114 $ 378,114 %COLLECTED 100% 100% TOTAL OUTSTANDING $ 1,409 $ 1,409 Report Date:6/4/2019 Page 4 1611A 1 CEDAR HAMMOCK Agenda Page 28 Community Development District All Funds Cash and Investment Report May 31,2019 General Fund Account Name Bank Name Investment Type Maturity Yield Balance Checking Account-Operating SunTrust Bank Public Funds NOW n/a 2.17% $ 183 (1) Checking Account-Operating Valley National Bank Gov't Interest Checking n/a 2.20% 746,176 Certificate of Deposit-6089 BankUnited 18 month CD 9/9119 1.80% 103,130 Money Market Account BankUnited Public Funds MMA n/a 1.75% 107,915 Total $ 957,403 Note(1)-Closing bank account in June. Report Date: 6/4/2019 Page 5 1611A1 Cedar Hammock CDD Agenda Page 29 Bank Reconciliation Bank Account No. 9995 SunTrust-GF-DO NOT USE Statement No. 05/19 Statement Date 5/31/2019 G/L Balance(LCY) 182.50 Statement Balance 182.50 G/L Balance 182.50 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 182.50 Subtotal 182.50 Outstanding Checks 0.00 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 182.50 Ending Balance 182.50 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Page 6 1611A1 Cedar Hammock CDD Agenda Page 30 Bank Reconciliation Bank Account No. 2555 Valley National Bank-GF Statement No. 5/19 Statement Date 5/31/2D19 G/L Balance(LCY) 746,175.54 Statement Balance 746,203.18 G/L Balance 746,175.54 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 746,203.18 Subtotal 746,175.54 Outstanding Checks 27.64 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 746,175.54 Ending Balance 746,175.54 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 5/20/2019 Payment 2327 FEDEX 27.64 0.00 27.64 Total Outstanding Checks 27.64 27.64 Page 7 iimil Q 40 411114 pp pp p p p p p p — 88 0 0 3 8 S 8 O tp0 8 N 3 M OS O p A: O 2 Yom) j 'Q O tn0 M C] V § O, I� !9 5 C R g g a) w ca m — d a as U # c a a) t a Q 8 88882889888888 u Ta 2 o r- N t�) NNj I� [% N pd o� o� H 0 8 O C7 t") Ze' M uC]' Cep]� Q yy�� ilJ N LLJ Y] if 1- . 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Zxx0000 Q ° 6 W U ❑ W W W 0a 0 z 0 o U) m 0 o i o a L ( L 0 rn m rn m m co co rn rn rn 0) Ch CA m m C roAevl� I� ,, is@00 & � ° D o 0 N 0 0h i0N 0, 0 o 2 n N N �) Z YUm z {� p57_ N 0) (NOy MN Na 40 �(0 I� g i g .... ° -, O N N N (�5 04 f,J F] f)] CV N ❑ ❑ ❑ ❑ a W z 111 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 1611A1 MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT A regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday June 17, 2019 at 2:00 p.m. at Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard,Naples, Florida. Present and constituting a quorum were: Norman Day(by phone) Chairman Quentin Greeley Vice-Chairman Fred Bally Assistant Secretary John Martino Assistant Secretary Gene Bolton (by phone) Assistant Secretary Also present were: Justin Faircloth District Manager Dan Cox(by phone) District Counsel Sam Marshall District Engineer Jim Kurtzeborn Cedar Hammock Golf&Country Club Various Residents The following is a summary of the discussions and actions taken at the June 17, 2019 Cedar Hammock Board of Supervisors meeting. FIRST ORDER OF BUSINESS Call to Order and Roll Call o Mr. Faircloth called the meeting to order. SECOND ORDER OF BUSINESS Approval of Agenda o Mr. Faircloth stated Mr. Bolton and Mr. Day wished to attend the meeting via phone. On MOTION by Mr. Greely seconded by Mr. Martino with all in favor to allow Mr. Bolton and Mr. Day to attend by phone and vote during the meeting was approved. 5-0 o A proposal from Kipp Schulties Golf Design, Inc was emailed to the Board prior to the meeting and hard copies were handed out as well to the Board. 16I1A 1 June 17,2019 Cedar Hammock CDD On MOTION by Mr. Bally seconded by Mr. Martino with all in favor the agenda was approved as amended. 5-0 THIRD ORDER OF BUSINESS Public Comments on Agenda Items o Public comments were received. o Mr. Kurtzeborn provided an update to the Board regarding the letter received from Mr. Cox requiring additional insurance information as part of the ARC process. o Mr. Faircloth asked if the Club had any insurance information on Tekrarn Services, if so, could that be provided to the CDD. o Mr. Kurtzeborn stated the Board members he has spoken with are in favor of the cap rock idea versus the vinyl sheeting. o Mr. Faircloth raised concerns about grates being installed only on the interconnect for Lake 11, and noted that grates should also be installed on the interconnects for Lakes 3 and 5 before the carp can be installed. Mr. Kurtzeborn will follow-up on this item. FOURTH ORDER OF BUSINESS Old Business A. Bulkhead and Bridge Repair o On a Board consensus it was agreed for staff to notify the previous bidders that the District will be pursuing a new construction method and will not move forward with the vinyl construction method. FIFTH ORDER OF BUSINESS New Business A. Bridging Solutions Proposal for Structural Engineering Services o Discussion ensued regarding the Bridging Solutions proposal. o Mr. Bolton requested a timeline be put together of all the key elements which need to be accomplished and the time frame for them. o Mr. Faircloth stated that either Mr. Marshall or Mr. Schulties would be the appropriate individuals to provide a timeline. o Mr. Bolton asked what is the timeline with the entire project to point where they are breaking ground. Mr. Faircloth stated this has to be decided by the Board and the Master Association in conjunction together and they would need to see what the final design is going to be from Mr. Schulties. He anticipates that they would bid this out before the end of the year and could plan to have construction in the Spring. 2 16I1A1 June 17,2019 Cedar Hammock CDD o Mr. Marshall stated he could prepare the timeline and identify the key elements, but they do not know a timeframe as they had not seen Mr. Schulties plan, but can identify the key elements and key points in time. On MOTION by Mr. Day seconded by Mr. Bally with all in favor the proposal submitted by Bridging Solutions in the amount of $21,432 and the proposal from Kipp Schulties Golf Design, Inc. in the amount of$32,500 with the understanding that a draft design he submitted at the July 15, 2019 meeting with deliverables being listed in the contract by District staff was approved. 5-0 o Mr. Cox provided his input regarding this matter. o Further discussion ensued regarding the proposals and timelines. o The Board requested a PERT chart or a timeline for deliverables for the new cap rock proposal. o Mr. Faircloth informed the Board he received additional funds from FEMA as anticipated, and that the District also received a request for information from FEMA for the gate and roadway expenses that are in appeal status. o Mr. Faircloth noted that staff would provide further documentation of the expenses so that Mr. Cox can continue his appeal and provide final written argumentation back to FEMA. The District has received$12,621.88 so far through the grant application process. B. Kipp Schulties Golf Design, Inc., Proposal for Consultation, Design and Bidding Administration o Item was discussed during the Bridging Solution proposal. SIXTH ORDER OF BUSINESS Attorney's Report A. Update on Letter to Master Association Regarding Use of District's Roadways & Cooperation with Proposed Cap Rock Construction Method for Bulkhead & Bridge Repair Replacement o The attorney informed the Board he would have to amend the filing regarding Tekram Services. SEVENTH ORDER OF BUSINESS Engineer's Report A. New District Map Update o Mr. Marshall presented a draft revision of the District map for the Boards' input. 3 16I1A 1 June 17,2019 Cedar Hammock CDD EIGHTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of May 14, 2019 Bid Meeting o Mr. Faircloth asked if there were any corrections, deletions or changes to the minutes. Changes were made and will be part of the final record. o The fiscal year 2020 meeting schedule was discussed regarding a March meeting date. Mr. Faircloth will clarify this and provide this to the Board. On MOTION by Mr. Martino seconded by Mr. Greeley with all in favor the minutes of the May 14, 2019 meeting were approved as amended. 5-0 B. Financial Report o Discussion ensued regarding the financial report. o The Board requested information on any outstanding assessments. o Discussion ensued regarding the CDs. On MOTION by Mr. Martino seconded by Mr. Greeley with all in favor to cash out the 18-month CD when it matures and place it in the highest yielding account was approved. 5-0 On MOTION by Mr. Bally seconded by Mr. Martino with all in favor the financial report was accepted. 5-0 C. Follow-Up Items o Mr. Faircloth notes that he still has to file the agreement with the State as it relates to the emergency contract with them. o The Cardno project was approved last meeting will be completed. o The littoral planting has been completed and Mr. Faircloth received an invoice from the Master Association in the amount of$787.50 which has been authorized to be paid. o The carp installation is currently in permitting as discussed previously in the meeting. Mr. Kurtzeborn will follow-up on this item. NINTH ORDER OF BUSINESS Supervisors Requests o Mr. Greeley inquired about the sinking pavers around the guardhouse. It is his understanding the contractor who did the work around the pool was supposed to come and take a look. Mr. Kurtzeborn will follow-up on this matter. 4 16I1A I. June 17,2019 Cedar Hammock CDD o Mr. Greeley inquired about the requirements for the development occurring northeast of C-2. Mr. Marshall will have his survey team research boundary lines to make sure there is no encroachment occurring while they are on site to do any necessary survey work in conjunction with the cap rock project. TENTH ORDER OF BUSINESS Audience Comments o None. ELEVENTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Bally seconded by Mr. Greeley with all in favor the meeting was adjourned at 3:32 pm. 5-0 ! f / / wr _ f ��/ �► ,S6cretary Chairman/Vice--7firman -Nigho 5 1611A2 Heritage Bay Community Development District Board of Supervisors o Edwin Hubbard,Chairman u Justin Faircloth,District Manager o John May,Vicc Chairman o Gregory Urbancic,District Counsel o Dennis Gagne,Assistant Secretary o Jeffrey Satfield,District Engineer o F.Jack Arcurie,Assistant Secretary ❑ Donna Hunter,Assistant Secretary Regular Meeting Agenda June 6,2019—9:00 a.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Engineer's Report A. Project Summary i. Lake Bank Restoration Project Update ii. Q.E. Open Items for Completion B. SE Bridge Quadrant Repair Update i. Communication to Homeowners C. Clubhouse Dry Retention Modification Update D. Verandas V Recommended Outfall Improvements E. CPH April 16th& 17th Water Testing Results 5. Attorney's Report A. 30A/30B Boating Regulations& Right of Use&Indemnification Agreement B. ADA Compliance Recommendations 6. Lake &Wetland Management Monthly Inspections and Service Reports A. Project Updates i. Cypress Tree Trimming Status ii. Littoral Plantings Status Lakes 1,3,4,5,6, and 29 iii. Palm Tree Trimming Status iv. Bathymetric Survey Results Lake 30B 7. FY2019 Lake Bank Restoration Activities Update A. Copeland Southern Enterprises, Inc. B. Verandas IV Outfall Improvements C. Terraces I&II Update D. Hotwire Issues 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 1611A2 June 6,2019 Agenda Heritage Bay CUD 8. Old Business 9. New Business A. Consideration of Resolution 2019-2 Approving the Fiscal Year 2020 Budget and Setting a Public Hearing 10. Manager's Report A. Approval of the Minutes of the April 26,2019 Meeting 1 B. Acceptance of Financials C. Report on the Number of Registered Voters (689) D. Field Manager's Report E. Follow Up Items i. FEMA Update ii. M.R.I. Stormwater System Cleanout Update iii. Homeowner Concerns 11. Supervisors' Reports,Requests, and Comments 12. Chairman's Comment 13. Audience Comments 14. Adjournment The next meeting is scheduled for August 1,2019 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 N ct .-4 sr) vami e - C) 0 N Vi W I- Q z T) .92N Q (./) I- I- < I-- (0 V N to (0 0 UI) U) O (0 CC N Q) !n O O N N O CO O (0 F- O > c0 O O CO N n W W (0 N 1" O aV N F. N (0 U' 1- N u7 r M N ce ❑ K N M N Q W ❑ - w. a0 ❑ m . ,- N Z ® 0- ® ® * ® ® as 0 I- V' CV 0 Ui CD u) (U G 0 (0 U) N 0) u) CO (t) N N U O C') U p (C)) CD CD CONC) N t0 °' J (O N h- O (f) N 1,-- (C CV 0) ¢ 1I- N (f) '- (r) Cc) 1-- v F ) (N m N N C' 0 , m C Q N E 0 0 0 0 (4) 0 o u) .p.. Z ] (D a In N 0 0 CC W. C- IN- N 2 a r; (o ,. Q Q co 0 0 w M ❑ i_ 1-.- 1.-- f- 1"... OJ CO 6) 1,- E., O 0 O 0 NQO OQ d (\I c.4 N N N N Nd _O Q co N Ncr' M M `" ty) w VO N O r T .n fr, a) Q Y ❑ J a+ U O N O a d m C) o a C) as IY - a) O CA 'a O M (4 in d M a w m (6 N I- A (6 r7 0 fn o -, Q O = r0 N 0 - C ) V C C C 9, 0. o ` ' v v m CO M s .c r C7 N W ` - V o LLJ c) F > a) C es) a7 - z 0- 0 C u) CZ .° c LL s r0i (a = CO .0 m N CX L fn a V —et - Y a) a) a) Q I a -J as = 4.1 o 0 0. 0 w 0 0 ') I 0 Z 0 U U 0 Lo o 1- 1- H 16I1A ' Lake &Wetland MANAGEMENT APRIL INSPECTION REPORT April 22, 2019 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Description Below observations were noted on Thursday 4/18/19. Lake 1 - No Issues Lake 2 - No Issues Lake 3 - No Issues Lake 4 - Chara (low density) - treated w/ Copper and Nautique 4/18/19 Lake 5 - Pondweed (dying) - treated w/ Aquathol 4/2/19 Lake 6 - Pondweed, Chara, Naiad and Hydrilla (pondweed dying) - treated w/ Aquathol, Nautique and Copper 4/2/19 Lake 7 - Algae (low density Lake 8 - No issues Lake 9 - No issues Lake 10 - Pondweed (dying) - treated w/ Fluridone 4/2/19 Lake 11 - No Issues Lake 12 - No issues - Pondweed and Hrydrilla both dead from treatments Lake 13 - No issues Lake 14 - No issues - Pondweed dead from treatments Lake 15 - Pondweed (monitoring from recent treatments) Lake 16 - Pondweed (monitoring from recent treatments) Lake 17 - No Issues Lake 18 - No Issues Lake 19 - Pondweed, Chara, Hydrilla and Planktonic algae - monitoring from 3/16/19 treatment Lake 20 - Pondweed (medium density) - scheduled to be treated 4/24/19 Lake 21 - Pondweed (low density) - monitoring from 3/4/19 treatment Lake 22 - No Issues Lake 23 - Hydrilla (low density) Lake 24 - No Issues Lake 25 - No Issues Lake 26 - No Issues - Pondweed dead from recent treatments Lake 27 - No Issues - Pondweed dead from recent treatments Lake 28 - Algae - treated w/ Copper, Nautique and Diquat on 4/11/19 (before and after photos attached) Lake 29 - Grasses & emergent - treated with Rodeo and Silnet on 4/11/19 Lake 30A - Grasses treated with Rodeo, Silnet and Polaris on 4/18/19 Lake and Wetland Management-West Coast,Inc. (239)313-6947 Office • (239)313.6950 Fax • westcoast©Iakeandwetland.com • www.lakeandwetland.com 16I1A 2 April Inspection Report Page 2 In summary, all lakes are in good condition. All lakes with areas of concern are listed above and will be treated as soon as possible. The warmer weather is bringing algae blooms with it. We are treateing as we see them. The canal at 30B is still very low. No water flowing from 30B to the canal. Next visit the bridge between and 30A and 30B will be treatead for pondweed with a boat. Please let us know of any issues observed. 9169z<g,Z7L 4.7/ref Gonzalo Ayres Lake and Wetland Management — West Coast, Inc. Gonzalo.Ayres@Lakeandwetland.com (239) 580-87n cell Lake 28 — Before treatment 4/11/19 .; : ,,. - ,'�"_e30.4 sr""MJ —i C"r�, a - _.T'. 4�' _ Lake 28 — After treatment 4/18/19 *611,07V " 41044r. �sr A .: :. Lake and Wetland Management -West Coast, Inc. (239)313-6947 Office • (239)313.6950 Fax • westcoast@lakeandwetland.com • www.lakeandwetland.com 16I1A2 Lake &Wetland )) MANAGEMENT MAY INSPECTION REPORT May 23, 2019 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth©inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Description Below observations were noted on Saturday 5/18/19. Lake 1 - No Issues Lake 2 - No Issues Lake 3 - Observed 2 spots of Spatterdock (will be treated next visits) Lake 4 - No Issues Lake 5 - No Issues Lake 6 - No Issues Lake 7 - No Issues Lake 8 - Pondweed & Chara observed (low density) Lake 9 - No issues Lake 10 - No Issues Lake 11 - Pondweed & Chara observed (low-medium density) Lake 12 - No issues • Lake 13 - No issues Lake 14 - Pondweed - Treated again 5/7/19 Lake 15 - Pondweed - Treated again 5/7/19 Lake 16 - No Issues Lake 17 - No Issues Lake 18 - No Issues Lake 19 - Pondweed & Hydrilla (low density) - will be treated on next visit Lake 20 - Pondweed (medium density) - treated 5/7/19 Lake 21 - Chara (low density) Lake 22 - Hydrilla (very low density) - will be treated on next visits Lake 23 - Hydrilla (low density) - will be treated on next visits Lake 24 - No Issues Lake 25 - No Issues Lake 26 - No Issues Lake 27 - No Issues Lake 28 - Planktonic algae observed Lake 29 - Grasses & emergent - treated with Rodeo and Silnet on 5/18/19 Lake 30A & 30B - Grasses treated with Rodeo, Silnet and Polaris on 5/18/19 Pondweed treated 5/7/19 with Aquathol Granular Lake and Wetland Management-West Coast, Inc. (239)313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland,com • www.lakeandwet(and.com 16I1A2 May Inspection Report Page 2 In summary, all lakes are in good condition. All lakes with areas of concern are listed above and will be treated as soon as possible. The cypress tree trimming was completed this month and littoral plantiings begun. The truxor will be onsite to harvest pondweed at 30A and 30B at the earliest available time. The sounding survey of 30B is also on the schedule and results will be sent as soon as possilbe. Palm removal for 4 palms located on the lake banks is also on the schedule. Please let us know of any issues observed. 91--/Z<WIt'4 / Gonzalo Ayres Lake and Wetland Management - West Coast, Inc. Gonzalo.Ayres@Lakeandwetland.com (239) 580-8711 cell Lake and Wetland Management-West Coast, Inc. (239) 313-6947 Office • (239) 313-6950 Fax • westcoast@lakeandwetland.com • www.lakeondwetlond.com 1611A2 Manza, Diane Subject: FW: HBCDD -6/6/19 Agenda Item - LWM 5/29/19 Inspection Report Attachments: HeritageBaylnspectionReport.5.29.19.pdf From:Alonso[mailto:alonso.wiener@lakeandwetland.com] Sent:Wednesday, May 29, 2019 4:26 PM To: Faircloth,Justin<Justin.Faircloth@inframark.com> Cc:Gonzalo Ayres<gonzalo.ayres@lakeandwetland.com> Subject: Heritage Bay Revised Inspection Report Good afternoon Justin, Attached is the revised inspection report for May. From now on it will be more detailed and include pictures. I will be in close communication with our techs and Gonzalo to improve the report we provide you every month. We appreciate your business. If you have any questions don't hesitate to contact us. have a great rest of the day. Best regards, Alonso Wiener Regional Sales Representative Lake and Wetland Management-West Coast, Inc. 13721 Jetport Commerce Parkway Ste 5 Fort Myers, Fl 33913 Cell Phone: 239-384-3341 Office Phone: 239-313-6947 Office Fax:239-313-6950 www.lakeandwetland.com www.soxerosion.com 1611A2 Lake &Wetland `� y(, MANAGEMENT SPECIAL SERVICE AGREEMENT May 29, 2019 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Description Below observations were noted on Wednesday, May 29`h. Lake 1 - Minimal weeds, will be treated next visit. Lake 2 - No issues noted. Lake 3 - Slender spike rush noted, will be treated next visit Lake 4 - Recommend planting littorals to enhance aesthetics; Lake 5 - Recommend plantings on south bank. Pondweed dying. Minimal weeds, will be treated next visit. Lake 6 - Noted leaning cypress, recommend removing it. (see picture). Recent littoral plantings catching on and growing (see picture). Pondweed dying. s-.- 4,-''.0., r- t .. t E.i .✓ it .a Pa 4. ,,, t` 1 -,.."--t---* ;-' 4 Al," , ; • i -7;;„ '+ . e . 'd� e ;('''..-•4,;.'-',..,,-, ---7=z,-• v • --sem ,4 .fix 'W-� .n r. r' "` ''`d•" fit`:.:5° S�.,.. y' - : e M` ,...sem s .c i. a Recently planted littorals on Lake 6 Leaning cypress on Lake 6 1611A2 Lake 7 - Very healthy littoral shelf (see picture). This is how a littoral shelf should look. Minimal pondweed, will be treated next visit. • p, r .�► Lake 8 - Minimal pondweed, will be treated next visit. Healthy littorals. Lake 9 - Recommend planting littorals to enhance aesthetics. Lake 10 - Minimal torpedo grass, will be treated next visit. Lake 11 - Recommend planting littorals on west bank. Pondweed dying. Lake 12 - Noted medium density weeks, will be treated next visit. Lake 13 - Recommend planting littorals. Lake 14 - Minimal weeds, will be treated next visit. Pondweed dying. Recommend planting littorals on west lake bank. Lake 15 - Minimal pondweed and weeds noted (see picture), will be treated next visit. Pondweed on Lake 15 - '» 14 ;� , ' • a r•r� � f drys 'k`..,,, yv ,4141.'.5 S S t. 'kkf3 � s 3" — .. N ac vsr ° v1 ? E a ° c E °o, s ¢ E cu o 7'a F s a - u S. 'c M c ,° o E e Cc v u a o n c o. ..c y CI "i �° v a v a a a E E w c ? c v c °c' ° c ° v .Ei ,e o d v N v a Vy a _ q o 0 o i F o v E o a0. v a E £ i ° oo E. a a` E 3 E " a m a° `�,a o AI ;� E v a, o v o o y o a v a a t o a a o o, _; a c ,a y a E a c y V a= a o 0 o w w a. , v E w • d E a d m , d° c •` E `.c c °' i a c c v a -Y - as a d „ ; a v o d� as o `�+ a o ov h a_i .o° o 0 c S. a N 0, > a ` �o N v E a 0 { N 8 a, E' ` = N cC em' a c E E E. 8 E a N O a Le g 0 L 6 [ d h To Q y 4 4 O U ° Y p' 0- ° �, 10 41.24 O a ` [ '� a O Q N 1. m m 00 0 0 i '3 a m n ; v o = a c 0 o ° o c a` o a '�. 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Ol \ ,ti 01 N m CO it-) N m cn LO til 00 8 0 7 o O O 7 0 0 o 0 0 = o Z Z a a a a a a a a a a a Z a. - .D n N LO m n l0 aa co m N O m O a) OD 00 W 01 CO CO CO CO CO W Ol co o0 r -O E a 0 `-1 a a o o 0 o a a o a N-' N a E C! -. a c 0 10 f0 a EE oo m a CO al rn CO N ...1 m n 01 N l0 m N m 2 pp a0 Vl N 1D 1I1 tri Q Ui tri tO N tri !1 M t(1 o E L ..r a U r f0• d 7 j1-1 CO Q CO M Ln N M N N 00 O lD lCD 00 T CO N Lc. v v a a v v <I' v m m m m m m m m c -o o c U cc _ C 13 d N N N N N N Cl N N N N N N N N N E 3 c o a a a a a a a 0 a a a a a a 0 a c C let a o a t m O • 0) 0 -, M h O N 00 1p 0 N ..fl pp 0 N m N!= 0 -C)O a h M CO N lD inn Ln lD r•-• N CO C U p• , LO lO tri a CO O1 LO LO h N h h h a N O L_ O Q) O. CO al CO Ln lIA00 00 lO m n h LCO m to N Lfl E m tZ G 7-701 CO CO la lid a lD f` (- I- 00 00 0 O 01 ol O1 o �.+ F N N NJ N N N NN N N N N N h N N 0 C)) 10a H _o y = lD lD 'n lD VD W L' Ln Ln ui Ln CD ti0 'n to LOCO Q a COv1 to ri l0 tD c c 3 c > a Y 0) O Ln O o 0 o O O Ln o • V E E CD N ON O .M-1 N CO (N� Mm LMO a N �) N 01 01 CO .--I ri N ."i .--1 N f.'t N N N N 4) (V N"a W CO 01 Ol Ol Ql Ol Ol 01 O1 CI Ol 01 Ol Ol Ql Ci 0 A LD h t--- e-1 N h N h h h n n h h h N h E N .-1 .--I '-I N N N N N N N N N N N N ..n° Ci a a a a s a a a v v a s a v a s CO N 'C N N. tOQ .c CD E N N r-i � .i N N N w -i N N ri .-I .-I .-I Q IZ E al c -p N._ N N 0) _ LI M O Z F II I a) Z v 1n lD N 00 01 O .-1 N W1 V 4 lG r. 0� Ol II l7 - U Y `"1 N N N N N N N N PI N N N N N v v v R 3 H 1611A2 During the monitoring event in April 2019, DO levels in the lakes ranged from 4.21 — 10.51 parts per million (ppm). The observed DO concentrations were normal and sufficient to sustain fish and other aquatic organisms in all lakes. The dissolved oxygen level in all lakes during previous monitoring events is shown in Figure 5, Appendix A. Lakes 14 and 20 DO levels were the highest recorded for these lakes. The DO levels in April 2019 were generally lower in the lakes when compared to the April 2017 DO levels except in Lakes 5, 8, 9, 10, 11, 12, 14, 16, 20, 21, 22 and 29. Phosphorus Phosphorus is usually not available in the environment. Although natural phosphorus levels in surface water bodies are very low, human sources or activities such as fertilizer application, sewage spills and soil erosion can overload lakes with available phosphorus. Excess phosphorus (even in very small amounts) introduced to a lake provides food for plants and algae and can increase the vegetation growth within a lake and have a negative impact on water quality. The April 2019 sampling results show undetectable levels of phosphorus in all of the CDD lakes except Lake 6, which had a low phosphorus concentration of 0.1 mg/L. The phosphorus level in all lakes during the last seven monitoring events is shown in Figure 6, Appendix A. Nitrogen Nitrogen is necessary for many natural biological processes. Excess nitrogen in the lakes can fuel the growth of excess algae or other undesirable plants. The nitrogen levels observed in April 2019 were in the normal to moderately high range for Florida lakes. Lakes 3, 4, 9, 10, 12-15, 17-27 and 29 were in the normal range with nitrogen levels ranging from 0.5 — 1.0 mg/L. Lakes 1, 2, 5, 6, 7, 8, 11, 16 and 28 were in the moderately high range of 1.1 — 1.3 mg/L. The total nitrogen level in all lakes during the last seven monitoring events is shown in Figure 7, Appendix A. 5 1611A2 Chlorophyll a Chlorophyll a is an indicator of the amount of planktonic algae found in the water column. Elevated chlorophyll a levels are directly correlated with reduced water clarity, odor and the potential for algae blooms. Chlorophyll a values can be expected to rise during the warmer months. During the April 2019 sampling, the chlorophyll a values observed in all lakes, while typical for Florida lakes, are in the low range of 2.9 - 14 mg/m3. The chlorophyll a measurements in all lakes during the last seven monitoring events is shown in Figure 8, Appendix A. Salinity The salt concentration is usually expressed in parts per thousand (ppt) or parts per million (ppm). Water salinity based on dissolved salts classifies a water body into three categories: • Fresh water < 0.5 ppt • Brackish water 0.5-30 ppt • Saline water 30-50 ppt The salinity found in the CDD lakes is within the normal range for man-made freshwater ponds in this region of Florida. In April 2019, salinity was low (0.1 - 0.3 ppt) as expected and similar in all 29 lakes. The salinity measurements recorded in all lakes during the last eight monitoring events is shown in Figure 9, Appendix A. Conductivity Conductivity measures the capacity of water to conduct an electric current and indirectly measures the concentration of ionized substances in water. Approximately 80% of Florida lakes have conductivity between 90 and 1000 pS/cm (Hand, 2004). Conductivity values during the April 2019 monitoring event ranged from 301 — 645 6 1611A2 pS/cm. These values are in the normal range for man-made lakes in this region of Florida. The conductivity measurements recorded in all lakes during the last eight monitoring events is shown in Figure 10, Appendix A. Summary In summary, the April 2019 Water Quality Monitoring Event shows: • Lake temperatures were normal for the time of year. • pH values were very similar to the values from previous monitoring events, within the low to normal range for Florida lakes in this region. The pH range for the CDD lakes ranged from 5.0 to 6.5. • DO concentrations were normal and sufficient to sustain fish and other aquatic organisms in all lakes. • Phosphorus was detected in low concentration in only one lake (Lake 6). Phosphorus was not detected in the remaining lakes. • Nitrogen levels were similar to the previous monitoring events with normal to moderately high levels detected in all lakes. Nitrogen levels appear to be stable in the CDD lakes thus reducing the probability of algal growth and other undesirable species • Chlorophyll a concentrations in most lakes was relatively low. Low chlorophyll a levels indicate a low level of algae growth. • Salinity and conductivity in all lakes were normal for freshwater lakes in Florida and similar to the previous monitoring events. Salinity values were similar in all lakes with a value of 0.1 - 0.3 ppt. 7 1611A2 CITATIONS Romie, Kenneth, Water Chemistry of Lakes in the Southwest Florida Water Management District, Resource Management Department, Southwest Florida Water Management District, February 2000. Wilson, P. Chris, Water Quality Notes: Dissolved Oxygen, document SL313, Soil and Water Science Department, UF/IFAS Extension. Original publication date December 2009. Revised August 2014. Hand, Joe, Typical Values for Water Quality Parameters for Florida's Lakes, Streams and Estuaries, Watershed Assessment Section, Bureau of Watershed Management Florida Department of Environmental Protection. October 2004. 8 1611A2 g 0 iii) APPENDIX A Figures Heritage Bay CDD April 2019 Water Quality Monitoring Report Collier County, Florida 16I1A2 1 j1 -HERI'`.AGE BAY COD BOUNDARY UNE ;,.r:. 1 • Cr CONTROL STRUCTURE W ' {W2L3tl W <. J V Q - aKE 1"3b a DOUBLE 48r RCP >4 14-:-/I 1 LAKE #22 WETLAND W2 ►- -- R !• •Yry,..:4 -6109(. 4Y RCP ,,r -CW.1lE1tT LAKE #23 . RCP A'- 24- RCP S• ftkiRO�'Si3RGkU+7C ti fi i._.. i 36' RCP - I 38" RCP s " .t? 'Jr I i > — ', r --, ' i I' ,i. KE Jd I P(I u�Hc�t,�Y 1 LAKs #2f., r , I... - LAKE {,a - 11 42' RCP i. #131:1C9P-43^ .-- id: t 44 E 24' RCP MrRcP 3 E �J Scale:NA CDD STORMWATER LAKE SYSTEM MAP $ g ( �"1 Photo Date. NA f�JnLJJ Z HERITAGE BAY COD FIGURE Photo Date:NA SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST 1A a Project No.H13610 SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST n' Biobgist:AED GIS:RCO COLLIER COUNTY,FLORIDA 1611A2 - £RI'AB/�, Jr RCP CONTROL 13TR�JC fl f NCOD PGO[iNC4YR' 24•RCF i102 ...‹.s...:NE J` �CONTROL STRUCTURE j #I_SLb "r I� , .. ,.7,-----7......... ,..1. j . LxKE.1: � } '. �RRr v t iitr,k t ` ,. �., 1r .` I ,. Sir ) + ,per i i '� L. P. -._i�r _ t 1 . y , ..�.Aa' to ICP . RCP ...A4 t . 1 a ... ...... !coNraoL siRUCRlRF to RCP 38„ RCP #1-1,Lie24 RCP E 17 Scale:NA CDD STORM WATER LAKE SYSTEM MAP a) Date:5/24(2019 HERITAGE BAY CDD FIGURE �� Photo Dale:NA Z - SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST I B Project No.H13610 SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST , Biologist AHD GIS.RCO COLLIER COUNTY,FLORIDA 1611A2 • SAMPLING LOCATIONS sI LAKE ID . ...: ......r*.k. r ^,, ,.. 0 i.• Ja { it ♦a " � �• j av YI R'a Iri_JJ1.�ti._J{dam-/J' 'i yr ; '.00 .0 y 4.l 'lt i+I41 .. •i ldi M Li. ( ... .,, ` \ ' , ` A iS1'I 1r i ,i t ! APPROXIMATE ' 1.A. PROPERTY BOUNDARY 1. ,'0 aql + A'S. .r ;1 4 'INA$ '. ' ' -0 „.., !,:.- ,f4i :,..„,•;-,...,,. , ILL ,, .,..,.,, tv,r ,. le ,..;,,nr r. ...„ _ — ..., ., :.. . . .,., : . . ..=.. , : .. :..... .,, _ • ., . ... , .. =,_z.. ....., ..,,,, i , . , . . . -:::. ..,,,:,..., •• .,.- - ..- ..... . .„....., „,...,.....,, ,...,... ..... , , ,,... 4,1 i ih.' t y„r. r ...+y� 1 b :%' .d, aa"eye 4 !- •i , ,S t ..r ' e Yip k ,} 1 4 1 1 E .--1, ....; -. ....,• .,.31. •,.4$4,;...,, li iLi ,;;,,,, ... , i 4 4 :- IP i. . , . _.a,,� * ' 4 -i' r .' f i ' , , 1±v" 10,.''.0itaItswigsltl4l14.1totn4a. ' .1}1 '�`f d�! _+moi Y. E -1. 1.. 1 .^ I«X r .T E a .� i/ • .p.s i.I 1i1 I,. Tom• . 'i"4i,.� '• ' �'- Scale1"=1,500 LAKE SAMPLING LOCATIONS MAP Date:5!24!2019 HERITAGE BAY COD FIGURE gp � Photo Date:2017v SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST 2 L► Project No.H13610 N '. SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST Biologist:AED GIS:RCO i COLLIER COUNTY FLORIDA 16IiA2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA APRIL 2019 WATER QUALITY MONITORING REPORT MAY 2019 Engineers 0 PArchltcctcanners Surveyors Landscape Architects Traffir/Iranslmrta tion Environmental Scientists Construction Management CPH,Inc. 2216 Altamont Ave. Fort Myers,FL 33901 (239)332-5499 1, 6I1A2 DATA COLLECTION The field measurements and sample collection were conducted on April 16 & 17, 2019. All samples were collected and analyzed per Florida Department of Environmental Protection (FDEP) Standard Operating Procedures (SOP). Samples were collected as grab samples at 1-4 feet from the surface as per FDEP aqueous sampling SOP. The locations of sampling points in each lake are depicted in Figure 2. Grab samples can be taken from shore if open water can be reached and is uninfluenced by emergent vegetation. Disturbing sediments in the immediate area of sample collection was avoided. Samples were taken to reflect stable conditions, avoiding heavy rainfall events and drought. Samples were collected from the photic zone, the surface layer where sunlight can influence growth of plants and algae. The water chemistry parameters sampled are intended to assist with the characterization of conditions in the lakes to evaluate the water quality and its effect on the type of plants that grow in the lakes, the rate of growth, and the suitability of the lakes for fish and other wildlife. RESULTS The April 2019 Water Quality field measurements and sample collection were conducted on April 16 & 17, 2019. The results of the field measurements and laboratory testing are presented in Table 3-1. Photographs of the sample sites are provided in Appendix B. During the April 2019 sample collection, lake clarity was high, indicating a healthy, non-turbid water body. Lake levels appear low but are generally higher than lake levels observed in April 2017. The results herein provide a comparison of the water quality results from the July 2016, January 2017, April 2017, July 2017, October 2017, February 2018, October 2018 and April 2019 sampling events. Data collected in July 2016 included parameters of dissolved oxygen, salinity, conductivity and pH. In January 2017, additional parameters of nitrogen, phosphorus and chlorophyll a were added to the sampling protocol. 1 1611A2 Temperature The temperatures in April 2019 ranged from 26.5 - 31.7°C, which is normal for the time of year. Temperature is used in analysis of dissolved oxygen values. The temperature measurements in all lakes during the last eight monitoring events are shown in Figure 3, Appendix A. pH pH is an expression of the amount of hydrogen ions (H+) in the water. Distilled water has a pH of 7, which has equal amounts of hydrogen (H+) and hydroxide (OH-) ions. In southwest Florida lakes, pH can range between 4.44 and 10.04 with a median value of 7.29 (Romie, 2000). The pH found in the CDD lakes was within the low to normal range for Florida lakes in this region. The April 2019 pH values are very similar to the values from previous monitoring events, ranging from 5.0 to 6.5. The pH of all lakes during the last eight monitoring events is shown in Figure 4, Appendix A. Dissolved Oxygen The amount of oxygen that can be dissolved in water depends on several factors, including water temperature, salinity, and atmospheric pressure. On a relative scale, the amount of oxygen dissolved in saturated water will be greater in cooler waters than in warmer ones. Oxygen enters waterbodies primarily by transfer from the atmosphere across the air- water interface and to a lesser extent by the action of photosynthetic organisms. DO levels typically follow a diurnal cycle — higher at the end of the day and lower at dawn. Fish typically require DO concentrations of approximately 5 parts per million (ppm) for optimum health. Exposure to DO levels below 2 ppm for 1 —4 days will kill many aquatic organisms (Wilson, 2014). 1. 611A2 4ErosLake Management-Wetland&Preserve Maintenance 1,/take & tlV e t 1 I1 d ion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting { � � MANAGEMENT Water Testing&Analysis-Fountains&Aerators .►•,,.."�" SERVICE & INSPECTION REPORT Customer: , ' ' 7fAccount It: /v'ZJ, � �A_ Date: Gcf c Technician: ,_ - 2.. Territory / 't :7 tl Weather Conditions: .✓w OLAKE MANAGEMENT [] A AE CONTROL Lake(s) # GRASSES&EMERGENTS Lake(s)# a 11,,,. 930—.9 30�-� ❑ SUBMERSED AQUATICS Lake(s)#:.._ F ATING PLANTS Lake(s) #:_ .. NSPECTION lake(s) #: - 'n,71 ❑ DEBRIS Lake(s) #: Water Test Results (Combined Average) Temperature °F 0 HIGH ❑AVERAGE 0 LOW Dissolved Oxygen ppm El_HIGH 0 AVERAGE 0 LOW pH reading ❑ACID 0 NEUTRAL ❑ BASE Water Clarity ❑GOOD ❑ FAIR 0 POOR Water Level ❑HIGH I=7 AVERAGE El LOW 0 LITTORAL SHELF SHELVES#: SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL. ❑ FLOATING PLANTS LI MANUAL REMOVAL O INVASIVE/EXOTIC SPECIES El INSPECTION UPLAND/WETLAND PRESERVE PRESERVE(S)#:_ ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT D DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL D VINES 0 INSPECTION 0 MOSQUITO I MIDGE LARVAE CONTROL LAKE(S)#:____ Li INSECTICIDE TREATMENT ❑INSPECTION Comments: 4 .a'! TetwPv �xu2... 6•t9 Tc� .,d' I�G4 ./7,--6795e- FISH&WILDLIFE OBSERVATIONS 0 FISH: 0 Bass °Bream 0 Catfish °Grass carp OTilapia 0 Mosquitofish Shad BIRDS: O Raptor ODuck O Wood Stork Q Shorebird O Wading bird Q Songbird 0 Vulture REPTILES: O Alligator OSnake 0 Turtle O Tortoise 0 Lizard °AMPHIBIANS 0 INSECTS INVASIVE I EXOTIC PLANTS NOTED ©Brazilian pepper OMelaleuca OPennywort OBischofia OEarleaf Acacia ()Australian pine QShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss QAzolla OSalvinia °Downy rose myrtleQJava plum °Floating Hearts °Lantana 0Hydrilla OHygrophilia °Water lettuce ()Water hyacinth°Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine 0 Red Maple 0 Waterlily °Mangrove °Pond Apple 0 Oak OCocoplum 0 Bulrush °Blue flag iris OStrangler fig °Arrowhead OPickerelweed OThalia 0 Palms °Golden Canna°Spikerush °Buttonbush OEelgrass OCordgrass OfakahatcheegrassOSpatterdock 0 Ferns ()Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed 0 Slender spikerusii0 Bacopa Other species noted I comments: ; 1r_ y9 a{® r�„_/9�._ — --- -- www.lakeandwetland.c®m Rev 07/23/14 form 4398D 1 6 1 1 A 2 Lake 16 - No issues noted. Lake 17 - Minimal weeds noted, will be treated next visit. Lake 18 - No issues noted. Lake 19 - Pondweed and Hydrilla dying. Lake 20 - Slender spike rush and minimal weeds noted, will be treated next visit. Pondweed dying. Lake 21 - Minimal chara noted, will treat next visit. Littorals look healthy. Lake 22 - Minimal hydrilla noted, will be treated next visit. Lake 23 - Minimal hydrilla noted, will be treated next visit. Lake 24 - Recommend planting littorals. Lake 25 - Recommend planting littorals Lake 26 - Minimal weeds noted on golf course side, will be treated next visit. Healthy spike rush but recommend planting more littorals. Lake 27 - Minimal algae noted, will be treated next visit. Healthy spike rush and arrowhead. Lake 28 - Minimal algae noted, will be treated next visit. Lake 29 - No issues noted. Lake 30A & 30B - Pondweed dying. Summary: All the dead/dying pondweed around the CDD will be buried during the next rain occurrence. We will continue to monitor lake 30A and 30B for pondweed and stay on top of it, we will harvest it with the Truxor as soon as we possibly can. We noted that grass clipping are getting into lake 30B from the golf course mowers, this clippings can be damaging to the lake ecosystem and improve the chances of algae blooms. Clippings are full of nutrients and phosphates from fertilizers. We recommend littoral plantings to enhance aesthetics and to have healthier littoral shelves to improve overall water quality. 1 6 1 1 A 2 p '�/�]' Lake Management-Wetland&Preserve Maintenance 8 *./L a k e . Y Y e t I an d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting 41111c.....muire„), MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT Customer: RIZ P;'F,y__..-bc_ ..__..-----------------..__._._.___ Account#:_ /5a Date: li-lfl-/9 Tech nician:_Pr'�l_ ,,t'C____ L._1:2:_5 Territory: _/U, , IpS____ Weather Conditions: .5vnn f 0LAKE MANAGEMENT ❑ AE CONTROL Lake(s)#:______ _ — ■' ASSES&EMERGENTS Lake(s)#: , . -9_________ SUBMERSED AQUATICS Lake(s)#: 4_ _____ _ ❑ FLOATING PLANTS Lake(s)#: _ ❑ INSPECTION Lake(s)#: -- -a ❑ DEBRIS Lake(s)#:____________ ____ --- Water Test WaterTest Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading _________. 0 ACID 0 NEUTRAL 0 BASE Water Clarity —___ 0 GOOD 0 FAIR 0 POOR Water Level ___-_—__, ❑HIGH 0 AVERAGE 0 LOW O LITTORAL SHELF SHELVES#:____ ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL 0 GRASSES ❑MANUAL REMOVAL ❑VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: 4942: -.P2_.. _ 0-0,0744 0i Pro.,g pi--1 lL661/ �v�i'- t; "ww6 " _93.,) jr-----r-24 e<T ,eavz-o: FISH&WILDLIFE OBSERVATIONS FISH: ()Bass OBream 0 Catfish OGrass carp OTilapia QMosquitoflsh 0 Shad BIRDS: 0 Raptor ()Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard ()AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED OBrazilianpepper OMelaleuca OPennywort OBischofia OEarleafAcacia OAustralian pine OShoebutton ()Sedge ()Climbing Fern ()Air potato OTorpedograss OAzolla OSalvinia ODownyrose myrtle OJava plum ()Floating Hearts ()Lantana OHydrilla OHygrophilia OWater Lettuce OWater hyacinth()Cattail ()Primrose OAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine ()Red Maple O Waterlily ()Mangrove ()Pond Apple ()Oak OCocopium ()Bulrush OBlueflagiris OStranglerfig ()Arrowhead OPickereiweed OThalia ()Palms ()Golden Canna°Spikerush OButtonbush OEelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns ()Baby tears ()Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed OSlenderspikerushOBacopa Other species noted/comments:_ www.lakeandwetland.com Dev 07/23„4 Form#398D 1 6 1 1 A 2 Lake Management-Wetland&Preserve Maintenance q/i/L a is e & Y Y e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting (,,, MANAGEMENT Water Testing&Analysis- Fountains&Aerators SERVICE & INSPECTION REPORT Customer: C I C — - Account#: /5625- _.... Date:._.oVa�t9 Technician:�._.�ht�- � __...__._.. ferntary:_.__ Av- x Weather Conditions: 6' a lT 0LAKE MANAGEMENT / ❑ AL •AE CONTROL Lake(s)#: ❑ ASSES&EMERGENTS Lake(s)#:--------....._..____—_ SUBMERSED AQUATICS Lake(s)#:_3P:7/�...1,0-7 _ ❑ FLOATING PLANTS Lake(s)#:._-----_--,----------_---.-__-- _.�—___ 0 INSPECTION Lake(s)#: — ❑ DEBRIS Lake(s)#: --__ Water Test Results(Combined Average) Temperature °F ❑HIGH El AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID El NEUTRAL 0 BASE Water Clarity —_ 0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL 0 FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ❑INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: --_._ ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL 0 VINES ❑INSPECTION MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: _ __. ❑INSECTICIDE TREATMENT 0 INSPECTION Comments:_....L9-71;tl 7"2iy-9.,0- f'z 'e - j7Ga fr ciO ?--_/0 J2. ear- ,�utrS_ L&? woo FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass ()Bream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ()Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: O Alligator OSnake O Turtle O Tortoise O Lizard O AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OPennywort OBischofia 0 Earleaf Acacia ()Australian pine OShoebutton ()Sedge ()Climbing Fern ()Air potato OTorpedograss OAzoIIa OSalvinia ODownyrose myrtle OJava plum ()Floating Hearts ()Lantana 0 Hydrilla OHygrophilia OWaterLettuce OWater hyacinth()Cattail ()Primrose 0 Alligatorweed NATIVE PLANTS NOTED ()Cypress O Wax Myrtle OFL Pine ()Red Maple OWaterlily ()Mangrove OPond Apple ()Oak OCocoplum 0 Bulrush OBlue flag iris OStranglerfig ()Arrowhead OPickerelweed ()Thalia ()Palms OGolden Canna()Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock ()Ferns 0 Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed 0Slender spikerushQBacopa Other species noted/comments:_ _______ www.lakeandwetland.com Rev 07/23/14 Form k398D 1611A2 Lake Management-Wetland&Preserve Maintenance *Lake & Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting l MANAGEMENT Water Testing&Analysis-Fountains&Aerators \' SERVICE& INSPECTION REPORT Customer: // /7 (7 '_. 7-''9/-.._.._ ---_-- _._.Account#; __.___474-- Date: 17r 0j ,45 Technician: 111:4 c/rzt `i" /" -- -_._...___..._.____� Territory:_ 'F Weather Conditions: . Urt/A// -1-- i / ()LAKE MANAGEMENT ❑XGAE CONTROL Lake(s)#: — _..._ GRASSES&EMERGENTS Lake(s)#:__ O ❑ SUBMERSED AQUATICS Lake(s)#: oNOATING PLANTS Lake(s)#:_—,_ — SPECTION Lake(s)#: C-" __._._.__ O DEBRIS Lake(s)#:__ Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm ❑HIGH 0 AVERAGE ❑ LOW pH reading ❑ACID 0 NEUTRAL ❑ BASE Water Clarity 0 GOOD ❑ FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW O LITTORAL SHELF SHELVES#:_... O SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL O INVASIVE/EXOTIC SPECIES ❑INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#:_ 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES ©MANUAL REMOVAL 0 VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: []INSECTICIDE TREATMENT 0 INSPECTION Comments: .-7,fi i9,i "� A�z ),(7.' _ 6IS1; _,`Y%v, c � c.isr� FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ODuc.k 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: O Alligator OSnake 0 Turtle Olortoise 0 Lizard °AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia QEarleaf Acacia QAustralian pine OShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss OAzolla OSalvinia °Downy rose myrtle°Java plum °Floating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce °Water hyacinth OCattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple O Waterlily °Mangrove °Pond Apple °Oak OCocoplurn 0 Bulrush OBlue flag iris OStrangler fig °Arrowhead OPickerelweed ()Thalia °Palms °Golden CannaOSpikerush OButtonbush OEelgrass OCordgrass OFakahatcheegrassOSpatterdock 0 Ferns 0 Baby tears °Naiad OChara 0 Duckweed 0 Bladderwort 0Pondweed 0Slender spikerushOBacopa Other species noted/comments: www.lakeandwetland.c®m Rev 07(23/14 Form k393D 1. 611x2 *7 Lake &_ SAT e t l a n cl Lake Management-Wetland&Preserve Maintenance Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE &INSPECTION REPORT ,?/1"-vett- ` c7- ---- Date: +� Customer:.--___-_ _ '��f Account#:.--/-5 Z� ����, Technician: A14c/Ci-e- 'ems 5 Territory:_ /E-497'4.0) Weather Conditions: C"' 0 LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: ❑ 9,RASSES&EMERGENTS Lake(s)# SUBMERSED AQUATICS Lake(s)#: l ./SrP/97, 30-443e--,.,13 ^__ - _-_ ❑ F..DATING PLANTS Lake(s)#: ____-_.—.__ ---_ INSPECTION Lake(s)#:_s_z( {41-47-75 ❑ DEBRIS Lake(s)#:,_______-_ Water Test Results(Combined Average) Temperature _°F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm ❑HIGH 0 AVERAGE 0 LOW pH reading _..-.._—._ C3 ACID 0 NEUTRAL 0 BASE Water Clarity ------.-..._... 0 GOOD ❑ FAIR 0 POOR Water Level _ _ ❑HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#:_ ___-- ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT D DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: _------_-_-- ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL ❑VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:,- ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: Zfr-tlY 771-'6"0"r: /-e fr?2• 14/r ,/L r-9-)15--- ,/11?-7C /0 —/:-S- /:)./.5 C-,sn •, r-, v1_75. FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: O Raptor ODuck O Wood Stork 0 Shorebird O Wading bird O Songbird 0 Vulture REPTILES: O Alligator OSnake O Turtle O Tortoise 0 Lizard O AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca QPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton OSedge °Climbing Fern OAir potato OTorpedograss OAzolta OSalvinia °Downy rose myrtle°Java plum OFloating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose OAlllgatorweed NATIVE PLANTS NOTED ©Cypress O Wax Myrtle OFL Pine ORed Maple O Waterlily °Mangrove OPond Apple OOak OCocopium CD Bulrush OBlueflagiris °Stranglerfig QArrowhead C)Pickerelweed °Thalia °Palms °Golden Canna°Spikerush OButtonbush 0 Eelgrass 0Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns °Baby tears ONaiad OChara ODuckweed OBladderwort OPondweed OSlender spikerush0Bacopa Other species noted/comments: -----__-------____.__._-- wwwe lakeandwetland.com Rev 3//23/14 farm a 3981) N Q ei-3 w Ce Minim r. 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Z N v #. iii r. it l !'` "' 'I: ro ' o 'p o L 80 0 0 0 8 8 0 O A -- I:2 v u aI 1611A 2 @oTh APPENDIX B Photographs of Sampling Locations Heritage Bay CDD April 2019 Water Quality Monitoring Report Collier County, Florida 1611A2 ''', . r V { I. � Lake 1 Y te" . ' ,a .,--. . = * l rte' /« yr+�--,,r '+n.:..7-t..,-.'°-!:',. 4 G,R �? .:.. x 'ys i.. - - ` r : s9F Yei Lake 2 _ .4'�;' �-. -- ;' • ..;•. , . rel 5 t _&,. - ic} ., . Lake 3 y `d f =' y -4------ .k.s iat 4 .,h Lake 4 • ^� > 13F Scale:NA PHOTOGRAPHS Date:5/24/2019 / HERITAGE BAY CDD EXHIBIT z t C- Photo Date: L� SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& B_1 ttt.... -,,.... pDate: 1 Project No.H13610 SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST Biologist AED GIB':Y(AGO ' N COLLIER COUNTY,FLORIDA n. 1611A2 • r �'� Lake 5 1r „ . ,,,r 4 sial, � 4':;+ty-'��t4'• .�,.. S '"4. .awe-y,-.-,s....•-*,*". w s•-'-'- .�•�' '� figy - -.," .. /' 1 V / •r • M-1 -,! ' •• ,,,,,.••-,'I'.,§4.0'; ., .••••,*.:!.';' w' Lake 6tti �� a,>�•�tt e �} A *�, u 4 i.4 ., ,�.; 1 Tt;,m a+ . ..terq,t .¶-. ?'1. C-. • 4..."71144,„,"&,-1-. 1�{ Lake 7 ' -µ '' ,, -- ' Q mss„@y4 • ctl".i4.�e -�. �, Ai�� ' • t7L�. cx ` e. !,,.".,7,3 - 1f L ! 3 . Lake 8 �' � - t! .;,, • n y d,.��. S 4 15 E, Scale:NA PHOTOGRAPHS Date:512412019A HERITAGE BAY CDD EXHIBIT Photo Date: gp SECTIONS 13&24,TOWNSHIP 48 SOUTH RANGE 26 EAST& a Project No.H13610 N SECTIONS 18&19,TOWNSHIP 48 SOUTH RANGE 27 EAST B-2 a Biologist:AED GIS:MGO COLLIER COUNTY,FLORIDA 1611A2 4- , Lake 9 i �drf,; -- l''.0-•1 '� y .tea- } '' JY S. �•�„� ice'. .44k. 'l1.r. .. f i"...'....AL •' •--t ,,..��"At.:*" , ,.:' „14 . Lake 10 - K '4\i'- ,- , $ r 7'..` �, ra' .ti't.;.:• < Hi r •`Cs ! q n F k''' t�F p `T'. D $t In: � ; 4 Y,. . �, • =� �" Lake 11 ms. �.k'''''''-'4'.,-A:g ,-1.- ' '' ''ae* K9P . 6474e.4.-- :, rw ,f S I+�e+1 vyW yKe4r( r '' 4 a :ar Lake 12 Y , t , `i ki' 9' t� rnry. 4.1 it K g Scale:NA PHOTOGRAPHS Z. Date:5/24/2019A HERITAGE BAY CDD EXHIBIT r Photo Date: SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& B-3 ti p Project No'H13610 19,TOWNSHIP 48 SOUTH,RANGE 27 EAST z 'Biolo13&t:AED GIS MGO N SECTIONS 18&COLLIER COUNTY,FLORIDA a 1611A2 ., 5 Ittlii p 5 I Lake 13 '''..t: ' :; �'Vi. • a t y'P41 ilt ''� '� ki't, tri' i" k A`;...L.'-'.%7,..- �t r a . �p s :, t t ;# Y,a. ,:. v.: ��',"err r�`. 'I r 'ij 14%�.. 4 ,'',--.!4... 4.. Lake 14 ..4 "' _ .m pr-: okitito 3 — r eek t,{ i :�4 ..,...„._ ' -,1,44 y ,' ;•kr�' ` : Lake 15 • R * '� V.�. Lake 16 - - F P F Scale.NA PHOTOGRAPHS 72 gp Date:5124/2019A HERITAGE BAY CDD EXHIBIT z Photo Date: SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& B-4 Project No.H73610 N SECTIONS 18;&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST -— Biotogisr AED GIS:MGO COLLIER COUNTY.FLORIDA 16I1A2 Lake 17 • s, .t yy13; ,- r Ica-'x r; *1 T[` `'i. + e ''' i; ,, , +!i "te" -.ate € ,' ',, Lake 18 ", r, FN ,_,.. - - �_._- a .. ., - j;'''';`� 't � `t { Lake 19 h:. Vi Y: sv � ;...,,,Age,,,,,4,4-r,,r„ir,00,:i/!4p vot.'T b,,,,,-0c'$ K: :: q I A, r •'r `; X "r W 2s rw Lake 20 ;. -'* t°*-- y y �Y„ ar x '"• � ,!- j loqe f. fi Scale:NA PHOTOGRAPHS Date:5/24/2019 HERITAGE BAY CDD • EXHIBIT ,„/ @FM Photo Date: _ SECTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& n Project No.Ht3610 SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE 27 EAST j, ;et , f Biologist:AED GIS MGO N COLLIER COUNTY,FLORIDA y, a�.Y...rrrr 1611A2 • r ,. .� � Lake 21 • �v 4�t , 41-111. 9L-1144... litArf �3g P Lake 22 ^. ," fi�1 J ti .74e NIA A _ ; • ,1k tiV s , 1 i Lake 23 s s - r � = i ` arra Lake 24 " •Scale:NA n PHOTOGRAPHS Date:524!2019 HERITAGE BAY CDD EXHIBIT gpB-6 Photo Date: , OWNP S , 2 8 Project No.H13610 SECTIONSSECTINS 1813 8,8 124�.TOWNSHIP 48 SOUTHOUTH,RANGERANGE 276 EAST Biologist:AED GIS:MGO N E COLLIER COUNTY,FLORIDA 16I1A2 . It's ft ' pi's 4`' Lake 25 �it"Ar';"hws ''.-.: _ _ as.�.. Ti. ,ate -*Y+i.: .,f w* - ,tib -.VY' 'wqF - 'y„ * eft� ' s ' 'Ft � A. s "",4 fix. ,, r ,- ?E ttR. ",',:77-:..,;‘,.:,,,,-,.....":,n "' , .. , ' :ii. Lake 26 ' . 4, ‹, ,. 6IP, �. Lake 27 W -7:.4,"'4,111.4,4, *'''''� :, � •y erg ,p..---,,.._...414 .+� ,p• +.,.rib i .d L � w.r 4 tet ' Y.. . . Lake 28 :: . , ' k =la :•r Lake 29 Scale NA PHOTOGRAPHS /� Date 5/2,4(2019A HERITAGE BAY CDD EXHIBIT ( i Date Photo Date SFCTIONS 13&24,TOWNSHIP 48 SOUTH,RANGE 26 EAST& '5-'-':- . / Project No.H13610 N SECTIONS 18&19,TOWNSHIP 48 SOUTH,RANGE{27 EAST B-7 Biologist AED GI5.!AGO COLLIER COUNTY.FLORIDA ` I 1 6 1 1 A 2 MEMORANDUM TO: Gregory L. Urbancic,Esq. FROM: Alton M. Kuhn,Esq. DATE: June 4,2019 RE: ADA Website Compliance Standards I conducted a brief review of the law regarding ADA applicability as it relates to government websites. To the extent the Board would like us to perform more extensive research on the issue,we can do so. Question Presented 1: Does Title II of the Americans with Disabilities Act(ADA)apply to government websites? Brief Answer: In the absence of a definitive and binding court holding or regulations providing clarification on the issue,it appears Title II of the ADA applies to government websites.Title 11 of the ADA provides that no person with a qualified disability shall "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 such entity." 42 U.S.C. § 12132. To state a claim under Title II, a plaintiff must allege: "(1) that he is a `qualified individual with a disability;' (2)that he was`excluded from participation in or...denied the benefits of the services,programs,or activities of a public entity'or otherwise`discriminated[against]by such entity;'(3) by reason of such disability."See Shotz v. Cates, 256 F.3d 1077(11"'Cir 2013). Although websites are not expressly included in the language of the ADA,Federal Courts continue to hear cases related to ADA accessibility violations as they relate to government websites.The U.S.District Court of the Middle District of Florida referenced in Price v. City of Ocala, 2019 WL 1811418(M.D. Fla. 2019) and in Price v. Town of Longboat Key, 2019 WL 2173834 (M.D. Fla. 2019), the Department of Justice's stance on the applicability of Title II of the ADA to government websites. "Although the language of the ADA does not explicitly mention the Internet,the Department has taken the position that title II covers Internet Web site access.Public entities that choose to provide services through web-based applications(e.g., renewing library books or driver's licenses)or that communicate with their constituents or provide information through the Internet must ensure that individuals with disabilities have equal access to such services or information, unless doing so would result in an undue financial and administrative burden or a fundamental alteration in the nature of the programs, services, or activities being offered. [A]n agency with an inaccessible Web site may also meet its legal obligations by providing an alternative accessible way for citizens 16I1A2 Page 2 of 2 June 5,2019 to use the programs or services,such as a staffed telephone information line."See Price v. City of Ocala. Question Presented 2: What must governmental entities do to ensure their websites are ADA compliant? Brief Answer: There is a limited body of case law interpreting this issue and unlike the issue of whether Title II of the ADA applies to government websites, there is no guidance from the Department of Justice about what a government entity must do to make its website ADA compliant.Id Based on my research and our experience with lawsuits against community development districts, a large number of ADA website cases have been filed in the last two years. However,the reported decisions in these cases tend to deal more with the issue of whether the plaintiff has standing to bring a claim rather than the steps a governmental entity must take to ensure its website is ADA compliant. Standing: As stated above,there is little guidance on what a government entity must do to ensure its website is ADA compliant. However,there are best practices that have been recognized and are being implemented by many governmental agencies. Although the standing issue has been addressed more frequently,there is also little case law that discusses standing in Title II website cases as the majority of case law relates to Title III cases regarding websites for places of public accommodation. In Price v. City of Ocala,the Court stated that"it is undisputable that a Title II plaintiff must have Article III standing to state a justiciable claim." This means a plaintiff must have a concrete and particularized injury-in-fact,and a real and immediate threat of future harm to have standing to bring a Title II claim based on a governmental entity's website. 7 Lujan, 504 U.S. at 560, 112 S.Ct. 2130; Shotz. The Court in Price v. City of Ocala held that even if an ADA"tester"is able to demonstrate that it has suffered an injury in fact,(i.e.the inability to access information), due to a noncompliant website,they must also demonstrate a real and immediate threat of future harm. Suing a governmental entity to which a plaintiff has no ties or connection(i.e.does not live in or near and has no concrete plans to move to such location) has been classified as a"someday"threat and fails to satisfy the constitutional test for standing. It is important to note that despite the lack of concrete guidance regarding the requirements for website compliance under Title II of the ADA,the Court in Price v. City of Ocala stated that the type of information that is inaccessible should be considered when determining whether a plaintiff has standing to state a claim under Title II of the ADA. For example,the court mentioned that a photograph from 2015 may not be considered relevant in analyzing the alleged injury, whereas the same may not be said about inaccessible information regarding current government services. The court discussed this issue under the "standing"umbrella in an effort to determine whether an actual injury had occurred. Although not directly 1611A2 Page 3 of 3 June 5,2019 on point,it may provide some guidance as to what information should be prioritized when a governmental entity is updating its website to be ADA compliant. Recommendation: As stated above, the ADA itself does not mention specific web accessibility standards and currently, the only official standard for website accessibility applies to federal agencies. The standard requires agency websites,including careers pages,portals and applications,to be accessible to people with disabilities and conform to the Website Content Accessibility Guidelines 2.0 Level AA(WCAG 2.0 AA) standard, developed by W3C, an international consortium that develops web standards. As it is the only official standard regarding websites, the standard should, at the very least, be considered when a governmental entity updates its website in an effort to be ADA compliant. Until further clarification and guidance is provided by the courts or the federal government, we recommend compliance with the most current accessibility standards. Even with arguments on standing and the like,the cost of potential defense and the risk of having to pay the plaintiffs attorneys' fees strongly suggest a proactive approach in the litigious environment. Since 2018 nearly 2,000 ADA website cases have been filed in Florida alone. Although the above-referenced accessibility standards are not law, we believe adhering to such standards significantly reduces the risk of litigation. 16 114 2 DATE: 06/1/2019 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth@inframark.com OWNER INFORMATION: PROJECT MANAGER:Scott Copeland cooelandsei.iaaol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faireloth,District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Lake 4 Swale 22 inch Catch Basin&Drain Installation. $ WORK DESCRIPTION:Remove existing damaged and plugged 12"Catch Basin and Not-To-Exceed Fixed Fee based upon the Rate install New 22 Inch Catch Basin with 8 Inch DW ADS Drain running out into lake 4 plus Schedule in effect at the time service is rendered: a 12 inch Concrete Slab around Catch Basin with a Stainless Steel Traffic Grate. $ REMARKS: 1)All guests will need to be notified by the board of the repair project on Lake 4 to stay clear of the equipment during the project.2)All Sprinkler heads and lines Lump Sum Fixed Fee: $ 7,575.00 within the work area must be clearly marked by lawn crews before construction begins 3) CSEI will call in a dig ticket 72 hours before work can start to allow utility companies Total Fees: $ 7,575.00 time to mark the underground utilities within the work areas. Dear Justin Faireloth In Pursuant to your request, Copeland Southern Enterprises, Inc. is pleased to submit the following proposal for the new 22 inch Catch Basin installation for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. Crews will set up MOT around work areas for safety during the project and removed once job has been completed. 2. Crews will excavate and remove existing Rip Rap and install a new 8 inch Double Walled ADS pipe from the newly installed 22 Inch Catch Basin and Slab out into Lake 4 and then reinstall the Rip Rap after Trench has been compacted. 3. Crews will repair eroded areas on Lake 4 alongside work area caused from the old plugged 12"Catch basin. 4. Concrete will have a light broom finish on top of the 3000 PSI concrete pour. 5. Crews will restore the lawns and slopes back to original condition where equipment crossing has damaged lawns. 6. Work is estimated to take 1 week to complete. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: 8/11/19 Typed Name&Title: 1 Justin Fairctoth-District Manager.as approved by the Board at the 8/6/19 meeting 16I1A2 Exhibit: Lake 4 Catch Basin&Drain installation. / t,, F�' � f i ` 4. ... iir 10333 Heritage Bay Blvd ii if. t e I I g 1 If .. , { x '• • t wf ..... .,�.. ,._W .. ,._,.. & � '..� 4 1611A2 Copeland Southern Enterprises Inc. Change Order. TO: Heritage Bay Community Development District in Naples Date: 06/17/2019 PROJECT NAME: Drainage and Lake Restoration Areas PROJECT NUMBER: Lake 5 Terrace 1&2,Lake 4 Swale Drain. CHANGE ORDER NUMBER: 1201 DESCRIPTION OF WORK: Repair Damage Lake Slopes Terrace 1&2, Install New 22 Inch Catch Basin&8 inch Drain Lake 4. $105,075.00 ORIGINAL CONTRACT SUM: $ 408,375.00 NET CHANGES BY PREVIOUS CHANGE ORDERS: $. 00.00 105,075.00 CONTRACT SUM PRIOR TO THIS CHANGE ORDER: $ 108zvw 000 I -4 T-2 AMOUNT OF THIS CHANGE ORDER: T4=7,575.00+T-1=2,775.00+k-4 7,775.00T=18,125.00 123,200.00 NEW CONTRACT SUM INCLUDING THIS CHANGE ORDER: $, ACCEPTED BY: AUTHORIZED BY: 4-;% `c"6, , r TITLE: TITLE: District Manager/Secretary DATE: DATE: 6/11/19 as discussed in emails sent that evening 1611A2 DATE: 04/02/2019 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,FI,33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth'ii'stscry iccs.com. OWNER INFORMATION: PROJECT MANAGER:Scott Copeland cope iraol.con_t_ OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in effect at PROJECT NAME:Heritage Bay 2019 Erosion and Drainage Correction Project. the time service is rendered. Estimated Fees: $ WORK DESCRIPTION: Repair over 14 locations of Step Erosion with Coconut Not-To-Exceed Fixed Fee based upon the Rate Schedule in Blanket, Slopes, and Wash outs, Repair and Extend Drainage Pipes within new effect at the time service is rendered: S installations and where needed,Sod Installed REMARKS: 1)All guest and golfers will need to be notified by the board,of the repair Lump Sum Fixed Fee: $ .00 done on the Lakes to stay clear of the repair areas and equipment during the project. 2) All Sprinkler heads and lines within the work area must be clearly marked before Total Fees: $ .00 construction begins 3) CSEI will call in a dig ticket 72 hours before work can start to allow utility companies time to mark the underground utilities within the work areas. 4) Price of Proposal will be based on selected options below. CSEI will need a staging area to store equipment and supplies during the project Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Erosion Correction project along the 14 Lakes listed below,for the above-referenced project: SCOPE OF SERVICES(Limited to the following pages): I. Crews will set up MOT around work areas to insure the safety of the residents and guests during the project. 2. Crews will back fill eroded slope with lake material and extend any existing drains out 1.5 ft.below seasonal low water. 3. Crews will install Coconut Erosion Blanket in Slope and install Celebration or Matching Sod once slopes have been repaired. 4. Crews will restore the lawns and slopes back to original condition where equipment crossing has caused any damage. Price of Proposal will be based on selected options below. O Lake#4,Install 12 Catch Basins and Concrete Splash well with 4 inch DW ADS pipe run out&anchored in Lake $ 2,975.00 O Lake#4,Repair 151 feet of Lake Bank with Coconut Erosion Blanket and matching Sod $ 5,975.00 O Lake#4,Repair and install 6 new 4"and a 6 inch ADS DW Pipes out beyond SI.W&anchored in Lake $ 3,775.00 O Lake#6,Repair 125 ft.of Lake Bank Erosion WI Coconut Erosion Blanket&Matching Sod laid down to Control Line $ 4,875.00 0 Lake#6,Repair 200 ft.of Lake Bank Erosion w/Coconut Erosion Blanket&Matching Sod laid down to Control Line $ 7,775.00 O I.ake#6,Repair and Extend 6"ADS pipe out 25ft and anchor to Lake Bottom $ 975.00 O Lake#10,Repair 325 ft.of Step Erosion with Coconut Erosion Blanket&Matching Sod&repair Damage Pipes $ 13,375.00 O Lake#14,Repair a 10 x 30 ft.Washout with Coconut Erosion Blanket with Recovered fill from Lake Bottom $ 1,175.00 O Lakc#16,Repair over 340'of Lake Bank Erosion,Transplant Plants,Repair and Extend ADS pipes,Install Celebration Sod $14,775.00 O Lake#19,Repair 976 ft.of Step Erosion with Coconut Erosion Blanket and Matching sod and transplant existing plants $37,575.00 O Lake#21,Repair 83 ft.of Erosion with Coconut Erosion Blanket,Extend pipe&transplant existing plants $ 3,775.00 O Lake#26,Repair 143 ft.of Erosion with Coconut Erosion Blanket,Transplant existing Plants&install matching Sod $ 5,575.00 O Lake#27,Repair 147 ft.of Erosion with Coconut Erosion Blanket,Transplant existing Plants&install matching Sod $ 5,775.00 Total Fees For All 13 Lake Locations:$108,375.00 Discount if all 13 Locations are repair at once$-3,300.00 Total Contract fee with discount $105,075.00 Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do nut hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read.understand and agree to these Standard Business Terms. Authorized Signature: cif.-"4K Date: 4115/19 Typed Name&Title: ((Justin Faircloth/District Manager As approved by the Board at the March 2019 meeting. 1 16I1A2 Lake#4 Repair Cost$2,975.00 1. Crews will install 12 Catch Basin and 4 inch DW ADS pipe out past SLW line and Anchor to floor. 2. Fill Material will be recovered from the lake bottom to repair 10 feet+/-of Lake Slope. 3. Crews will install Coconut Erosion Blanket within repaired area and over lay with top soil. 4. Crews will pour a Concrete Splash well around 12"Catch Basin and Sidewalk to capture Run off water from Sidewalk. 5. Crews will restack Rip Rap after Drainage and Bank Repair has been completed. Note:No Sod or additional plants will be needed in this repaired area. bs f> M. • tg as `� rete = lasn :C"t. ,••••:' - 41 -7 sr - t . . '.,*£}"lam `4 a 73 t*Y i9i !r' y 1 c ,44 .z .t. ..?nom 33 "`.•<::+ 41► � 'JO i44.1 1 16I1A2 Lake#4 Proposed Lake Bank Repair Cost$5,975.00 1. Crews will recovered Material from the lake bottom to repair 151 foot of Lake Slope. 2. Crews will install Coconut Erosion Blanket within repaired area and over lay with top soil. 3. Crews will Lay Matching Sod down to Lake Control Line. 1-, 4. i 151 feel of Cocc1U, :c ^,t ::a: •. »'i yew„� v . .r T n bs, -3r . 9 T{ �3 LFA s 131 '1 1r ?..,-.0:,-',„-f-, Kz ..--- �, t'- .. **4 -.....:;.,, . ':"-----,,,,-,.-,/ i ' t '-„ii-t.-it t j Y 1 `. d .. ' a d,± ' ... rix i. e4 i a v # .,,P 9r tylia fIA ° i° ' x 4 x 1,., 4xa, k • ; t 1611A2 Lake#4 Drainage Repair and Extinction Cost$3,775.00 1. Crews will repair and install 6 new 4"and a 6 inch ADS DW Pipes out beyond SLW Shelf at 7 Locations 2. Note:No Sod or additional plants will be needed in this repaired area. • r f w may:: t it e A. AWN' w , `.,�.,, :,... *de , _. —dr. r: -, k- k x 4 ti 4 16 1 1 A 2 NW Lake#6/125 Ft.of Erosion Proposed Cost$4,875.00 1. Repair 125 tt. Washout with Coconut Erosion Blanket&Recover fill from Lake Bottom,Restack Rip Rap,Reinstall existing Plants and install Floratam Sod down to control line. v '-0.41::::,3•=r,-_ . .;::'` ; g f-- t' ../' N. 4 '�. 4 NW Lake#6/200 Ft of Erosion Proposed Cost$7,775.00 Repair 200 ft.Washout with Coconut Erosion Blanket&Recover fill from Lake Bottom,Reinstall existing Plants and install Floratam Sod down to control line. \ ...,. \.. k. Or M s iyr ,), .. i3 ... 4 r lo. 4crr' A- o f % ,"int 5 16 1 1 4 2 Lake#6 Damaged6"ADS Pipe Repair and extends st$975.00 I. Repair and Extend 6"ADS pipes out 25ft and anchor to Lake Bottom with 4ft steel anchors. 2. Note:No Sod or additional plants will be needed inthsrepaired area. . a � �\ < \ 4Y- - , . \ w G »\ ~ /®~ ^ ^ + 1, \. � = k \d. ° �> � \y � :".4**4 6 1611A2 Lake#10 Proposed Repair Cost$ 13,375.00 1. Repair 325 ft.Step Erosion with Coconut Erosion Blanket&Recovered fill from Lake Bottom,and install Celebration Sod down to control line. 2. Repair and Extend Damage and exposed drainage pipe on South East slope. 3. Install matching Sod Down to Control Line of Lake 10. S p r • • Z `C, ieet 1l6.tJ.d • 11. • 7 1611A2 Lake#14 Proposed Repair Cost$ 1,175.00 1. Crews will Repair a 10 x 30 ft.Washout with Coconut Erosion Blanket with Recovered fill from Lake Bottom. 2. Note:No Sod or additional plants will be needed in this repaired area. ,mak. ° a r , ....''. .... `' , ,,,""-0(,:ilir 4k, 4: 3 ' 4 a , . g .. - .. , £ C�i_:Co „,,.1't b' _•,,,:,;_ Ytt:i.:ci a w: i 8 1611A2 Lake#l6 Proposed Repair Cost$ 14,775.00 1. Restore 340 ft.of steep erosion with Coconut Erosion Blanket with Recovered fill from Lake Bottom,install Celebration Sod down to control line, 2. Extend 2 or 3 ADS Pipes out past repairs and anchored down 1.5 ft.below SLW. • Feet of Cocortit Eos Repair f 7 S 9 1 6 1 1 A 2 Lake#19 Proposed Repair Cost$37,575.00 1. Repair 976 rt.Step Erosion with Coconut Erosion Blanket&Recover fill from Lake Bottom,Reinstall existing Plants after slope has been repaired or install Celebration Sod down to control line. 1 f ,: ) k II l r di Ylt 7ail p r. ij r I- rnvx } ft,'. e 1'' jt f/ 1 /49/6 f eeet of Coconut 1L os or Repa , Pf0 ' r r t ,,,,. / ,(7 I411116, ;" # I 10 1611A2 Lake#21 Proposed Repair Cost$3,775.00 1. Repair over 83 ft.of Erosion with Coconut Erosion Blanket and Transplant existing Plants back within work area&install matching Sod down to control line. 2. Repair and Extend Damage 6 inch ADS drainage pipe on South East slope. " .. ''7799ee1�X (,. . 4 g IF k''. EY w x ; _ tom. # c. A reg, k \t,,,,00iok: 5y f f ,.. ; 74.1. 1l 16 114 2 Lake#26 Proposed Repair Cost S 5,575.00 1.Repair over 143 ft.of Erosion with Coconut Erosion Blanket and Transplant existing Plants back within work area&install matching Sod down to control line. 10 A 4001 Lake 424 Proposed Repair Cost$5,775.00 3. Repair over 147 ft.of Erosion with Coconut Erosion Blanket and Transplant existing Plants back within work area&install matching Sod down to control line. „0.c- - d 1 1'. 12 161142 ADDENDUM TO AGREEMENT This ADDENDUM TO AGREEMENT("Addendum") dated as of the 15th day of April, 2019, by and between the Heritage Bay Community Development District ("DISTRICT") and Copeland Southern Enterprises, Inc. ("CONTRACTOR"). (DISTRICT and CONTRACTOR being collectively referred to herein as the"Parties"). WHEREAS, the Parties entered into a stormwater system erosion restoration ("Agreement")on April 15, 2019; and WHEREAS, the DISTRICT is a "public agency" pursuant to Section 119.0701(1)(b), Florida Statutes, and Chapter 119, Florida Statutes, provides for certain contract requirements related to public records in each public agency contract for services. NOW THEREFORE,the Parties hereby agree as follows: 1. CONTRACTOR agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRIC'I's Custodian of Public Records, providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law;by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONTRACTOR does not transfer the records to the DISTRICT; and upon completion of the Agreement by transferring, at no cost,to the DISTRICT all public records in possession of the CONTRACTOR or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONTRACTOR transfers all public records to the DISTRICT upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records, in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT, CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. 16I1A2 UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS,FL 33071,954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. 2. Contractor or any subcontractor performing the work described in this Contract shall maintain throughout the term of this Contract the following insurance: (a) Workers' Compensation coverage,in full compliance with Florida statutory requirements,for all employees of Contractor who are to provide a service under this Contract,as required under applicable Florida Statutes AND Employer's Liability with limits of not less than$1,000,000.00 per employee per accident, $500,000.00 disease aggregate, and$100,000.00 per employee per disease. (b) Commercial General Liability"occurrence"coverage in the minimum amount of $1,000,000 combined single limit bodily injury and property damage each occurrence and$2,000,000 aggregate,including personal injury,broad form property damage, products/completed operations,broad form blanket contractual and$100,000 fire legal liability. (c) Automobile Liability Insurance for bodily injuries in limits of not less than $1,000,000 combined single limit bodily injury and for property damage,providing coverage for any accident arising out of or resulting from the operation,maintenance,or use by Contractor of any owned,non-owned,or hired automobiles,trailers,or other equipment required to be licensed. Said insurance shall also to include insured/underinsured motorists coverage in the minimum amount of$100,000 when there are owned vehicles. District,its staff,consultants,agents and supervisors shall be named as an additional insured on all policies required(excluding worker's compensation). Contractor shall furnish District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to District unless it provides that any change or termination within the policy periods of the insurance coverage,as certified, shall not be effective within thirty(30)days of prior written notice to District. Insurance coverage shall be from a reputable insurance carrier acceptable to District,who licensed to conduct business in the State of Florida,and such carrier shall have a Best's insurance Reports rating of at least A-V11. If Contractor fails to have secured and maintained the required insurance, District has the right(without any obligation to do so,however),to secure such required insurance in which event,Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with District's obtaining the required insurance. 3. Neither District nor Contractor may assign this Contract without the prior written approval of the other. 2 16I1A2 4. This Contract shall be construed,governed and interpreted in accordance with the laws of the State of Florida. 5. In the event of litigation arising out of either party's obligations under this Contract, sole and exclusive venue shall lie in Lee County,Florida and the prevailing party shall be entitled to recover its attorney's fees and costs from the non-prevailing party, including but not limited to trial level fees,bankruptcy fees and appellate fees. 6. All other provisions to the Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the Parties have caused this Addendum to be executed by their respective duly authorized officers as of the date first above written. District: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT . By / _ 1 :/i ''' / , / ' r Contractor: COPELAND SOUTHERN ENTERPRISES,INC. By: �� .// ,_' -4111°9 - 3 16I1A 2 DATE: 02/14/2019 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.FaireIoth'r)inframark.conl OWNER INFORMATION: PROJECT MANAGER:Scott Copeland col)clandsci'a aol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Lake 5 Terrace 1,Restoration&Rut Repair Project $ WORK DESCRIPTION: Re-build slopes with recovered material, install Coconut Not-To-Exceed Fixed Fee based upon the Rate Erosion Blanket, Back fill and level out ruts in lawns within 20' lake maintenance Schedule in effect at the time service is rendered: easement caused from sky lift work and install new matching sod. $ REMARKS: I)All guest and golfers will need to be notified by the board of the repair project on Lake 5 to stay clear of the equipment during the project.2)All Sprinkler heads Lump Sum Fixed Fee: $ 2,775.00 and lines within the work area must be clearly marked by Golf Course before construction begins 3)CSEI will call in a dig ticket 72 hours before work can start to allow utility Total Fees: $ 2,775.00 companies time to mark the underground utilities within the work areas. Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Repairs needed to the S.E.corner of Lake 5 Erosion&Rut Repairs for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. Crews will set up MOT around work areas to ensure safety during the project and removed once job has been completed. 2. Crews will excavate and reclaimed material from Lake 5 bottom and back fill S.E.Bank where Sky Lift sank and damaged the Lake slope in 2 areas, crews will re-enforcing slope with Coconut Erosion Blanket to stabilize the bank and it bring it back to the proposed grade. 3. Crews will install Coconut Erosion Blanket with 1 inch of top soil on top of Coconut Blanket to help lock it in and Matching Sod will be laid down to control line on lake side. 4. Crews will back fill Ruts within the 20' lake easement&level high area to match the surrounding terrain and slopes. 5. Work is estimated to take 1 week to complete. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.1•'ax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Ike Date: 6/11n9 Typed Name&Title: e, Justin Faircloth-District Manager-As approved by the Board at the 2/14/19 meeting 1611 A Exhibit:Terrace 1,S.E.Lake 5 Rut&Lake Slope Restoration Areas 1111.1.1.111Fa111B11► ' �- r +` 1 j sYr 1.<' a + ^'. f Ac 'errace 1 F...:.•,1 r ,14 °, 0 0«y epaiv re. , \ z ;,,, f k ' . . K ttR 4..vq I f 1,,,..k.''' . 1.3 3 'l';' -it', ' It,' ...•4 '). t , L4 r 6 .. ' • y. .. "yyn —`1""s".1141,:. ;:.w 4 k .µ 1 6 I 1 A 2 DATE: 02/14/2019 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth,(a?intiamark.com OWNER INFORMATION: PROJECT MANAGER:Scott Copeland camel andsci a aol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Lake 5 Terrace 2,Restoration&Rut Repair Project $ WORK DESCRIPTION: Re-build slopes with recovered material, install Coconut Not-To-Exceed Fixed Fee based upon the Rate Erosion Blanket, Back fill and level out ruts in lawns within 20' lake maintenance Schedule in effect at the time service is rendered: easement caused from sky lift work and install new matching sod. $ REMARKS: 1)All guest and golfers will need to be notified by the board of the repair project on Lake 5 to stay clear of the equipment during the project.2)All Sprinkler heads Lump Sum Fixed Fee: $ 7,775.00 and lines within the work area must he clearly marked by Golf Course before construction begins 3) CSEI will call in a dig ticket 72 hours before work can start to allow utility Total Fees: $ 7,775.00 companies time to mark the underground utilities within the work areas. Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Repairs needed to the S.G.corner of Lake 5 Erosion&Rut Repairs for the above-referenced project: SCOPE OF SERVICES(Limited to the following): I. Crews will set up MOT around work areas to ensure safety during the project and removed once job has been completed. 2. Crews will excavate and reclaimed material from Lake 5 bottom and back fill S.E.Bank where Sky Lift sank and damaged the Lake slope along large areas as seen below,crews will re-enforcing slope with Coconut Erosion Blanket to stabilize the bank and it bring it back to the proposed grade. 3. Crews will install Coconut Erosion Blanket with 1 inch of top soil on top of Coconut Blanket to help lock it in and Matching Sod will be laid down to control line on lake side. 4. Crews will back fill Ruts within the 20'lake easement&level high area to match the surrounding terrain and slopes. 5. Work is estimated to take I week to complete. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: � �u Date: 8/11/19 Typed Name&Title: Justin Faircloth-District Manager-As approved by the Board at the 2/14/19 meeting 16 1 1 A 2 Exhibit:Terrace 2,S.E.Lake 5 Rut& Lake Slope Restoration Areas , *.-.... 17-0-"•"— :,-- ,...:4,:;*..;-,,,,..•• • -. :, .......0 ..,. - ,• * ***,>:' 10:A--- -7 - ''''''''''.44,, It -"r'-'-'5,, '''''''''''' '' ti ''''',:":14,,,,,,:` .:,\ ‘ '‘,..'• '— -'-,‘;'i '(\"."": *Sr.:. • •*,,,,,.-,,x. ,... A .. _ , 3 e \ I , .. - if ''''''.'4-- ' w .4 ' 'Z-4:".•:'-', ' '7=0 . . ,0 ,.0, • . ,. i S40\ ,k,, %, ,,.• •) ,•• \ :;,, ....,.....w!'''''.•;#44N,ro• ,a.. , k ,. , • . 1 'A.';',„• --." ...I, , . 4 , '-,, -'-• '„ „ „.... ',- V,4110k .1t,' 1:t''' 41. ,,... , t,-.,,,, :...... %•i-410, j(k40 •-• . '-,*w0 ‘0-_,A. .. , 4 ‘.. - • - . i • . ,,, . , ,.., ,,...-,„.. ,.... ,. Ili,;':- 7',..to:'..s. %•...`1 F));• 7:4,!-4-1 - - --:-•r , "i. I . der Sr, 'IN - •••••°- ,,,,, , . s' i • • ,•es, • .., .,, 1 ,,,.: , . ,,,,„„ ..!, 4r.. „ ,,,, .4„ , .., 4 ' ' 1.',: - '-- t ' 1 1 4 # _ . ow, Imo „. r' I / ^.1,-: . 44t4744X,'70, ,,lirt ' ' k .4 - IP mg '' •'-',4, ...: ,.. --....,;„*. ,,,ef. .,....,,,N::: ...,- I f;..i*, .0.00,10 -4,0, * ...,„ • 7 9 e * - .4.4.,,,X,.,..,7\ - - r i NM' . , aiiiiililli.IIIIII.IIIIIIIIIIIIIIIISIII twiwwwwwilwoornilligiiii 16I1A2 DATE: 06/1/2019 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,FI,33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth(a@inli'amark.com OWNER INFORMATION: PROJECT MANAGER:Scott Copeland couclandsci'u aol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Lake 4 Swale 22 inch Catch Basin&Drain Installation. $ WORK DESCRIPTION:Remove existing damaged and plugged 12"Catch Basin and Not-To-Exceed Fixed Fee based upon the Rate install New 22 Inch Catch Basin with 8 Inch DW ADS Drain running out into lake 4 plus Schedule in effect at the time service is rendered: a 12 inch Concrete Slab around Catch Basin with a Stainless Steel Traffic Grate. $ REMARKS: I)All guests will need to be notified by the board of the repair project on Lake 4 to stay clear of the equipment during the project.2)All Sprinkler heads and lines Lump Sum Fixed Fee: $ 7,575.00 within the work area must he clearly marked by lawn crews before construction begins 3) CSEI will call in a dig ticket 72 hours before work can start to allow utility companies Total Fees: $ 7,575.00 time to mark the underground utilities within the work areas. Dear Justin Faircloth In Pursuant to your request, Copeland Southern Enterprises, Inc. is pleased to submit the following proposal for the new 22 inch Catch Basin installation for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. Crews will set up MOT around work areas for safety during the project and removed once job has been completed. 2. Crews will excavate and remove existing Rip Rap and install a new 8 inch Double Walled ADS pipe from the newly installed 22 Inch Catch Basin and Slab out into Lake 4 and then reinstall the Rip Rap after Trench has been compacted. 3. Crews will repair eroded areas on Lake 4 alongside work area caused from the old plugged 12"Catch basin. 4. Concrete will have a light broom finish on top of the 3000 PSI concrete pour. 5. Crews will restore the lawns and slopes back to original condition where equipment crossing has damaged lawns. 6. Work is estimated to take 1 week to complete. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: 7 . Date: 6/11/19 Typed Name&Title: %Justin Faircloth-District Manager-as approved by the Board at the 6/6/19 meeting 16I1A 2 Exhibit: Lake 4 Catch Basin&Drain Installation. •/ 0 ''10333 Heritage Bay Blvd r r f r` 1611A 2 HERITAGE BAY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2020 Proposed Budget (Rev 1 Meeting 6/6/19) Prepared by: I N,F�R,A MAA RYK 16I1A2 HERITAGE BAY Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues, Expenditures and Changes in Fund Balance 1 -2 Exhibit A-Allocation of Fund Balances 3 Budget Narrative 4-7 DEBT SERVICE BUDGET Series 2018 Summary of Revenues, Expenditures and Changes in Fund Balances 8 Amortization Schedule 9 Budget Narrative 10 SUPPORTING BUDGET SCHEDULES 2019-2020 Non-Ad Valorem Assessment Summary 11 161182 HERITAGE BAY Community Development District Budget Overview Fiscal Year 2020 1611A2 HERITAGE BAY Community Development District Operating Budget Fiscal Year 2020 1611A2 HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 FY 2019 APR-2019 SEP-2019 FY 2019 FY 2020 REVENUES Interest-Investments $ 1,479 3,241 $ 400 $ 3,725 $ 2,661 $ 6,386 $ 2,000 Interest-Tax Collector - 96.00 - 1,021 - 1,021 - Special Assmnts-Tax Collector 250,000 355,190 355,190 352,386 2,804 355,190 355,190 Special Assrnnts-Wall Project 62,500 - - - - - - Special Assmnts-Lakes 30A&30B - 60,922 60,923 60,442 481 60,923 60,923 Special Assmnts-Reserves 31,250 31,250 31,250 31,003 247 31,250 31,250 Special Assmnts-Discounts (12,604) (16,490) (17,895) (16,428) (16,428) (17,895) Other Miscellaneous Revenue 51,473 31,000 - 29,143 - 29,143 - TOTAL REVENUES 384,098 465,209 429,868 461,292 6,193 467,485 431,468 EXPENDITURES Administrative P/R-Board of Supervisors 8,000 16,000 12,000 4,000 6,000 10.000 12,000 FICA Taxes 612 1.224 918 306 459 765 918 ProfSeiv-Arbitrage Rebate - - - - - 600 ProfServ-Dissemination Agent - - 1,500 875 625 1,500 1,500 ProfServ-Engineering 42,494 22.878 14,000 16,878 5,833 22,711 14,000 ProfServ-Legal Services 20,844 26.871 10,000 7,888 4,167 12,055 10,000 ProfServ-Mgmt Consulting Sery 37,195 41,793 44,972 26,234 18,739 44,973 46,270 ProfServ-Property Appraiser 5,156 - 6,710 - - 6,710 6,710 ProfServ-Special Assessment 5,305 5,464 6,200 6,200 - 6,200 6,600 ProfServ-Trustee Fees - - - - - - 5,157 ProfServ-Web Site Maintenance 1,505 773 1,000 583 416 999 1,100 Auditing Services 3,823 3,700 3,914 - 5,900 5,900 5,900 Postage ard Freight 1,731 2,839 2,500 428 1,857 2,285 2,500 Insurance-General Liability 12,040 15,389 15,389 7,750 7,639 15,389 15,389 Printing and Bind ng 1,450 7,428 1,339 890 636 1,526 1,379 Legal Advertising 1,989 3,241 3,700 945 675 1,620 3,000 Misc-Bank Charges - 1 100 1 42 43 100 Misc-Assessmnt Collection Cost 4,428 9,433 8,948 8,548 61 8,609 8,947 Misc-Web Hosting - 47 900 1,612 322 1,934 773 Office Supplies - - 100 - 42 42 100 Annual District Filing Fee 175 175 175 175 - 175 175 Total Administrative 146,747 157,256 134,365 83,313 53,412 143,435 143,119 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 1 1 6 1 1 A 2 HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 FY 2019 APR-2019 SEP-2019 FY 2019 FY 2020 Field ProfSery-Field Management 12,73' 1,536 12.688 9651 3,037 12,688 12,830 R&M-Contingency - - 198 - 84 84 84 Capital Outlay 44,550 - - - - - - Total Field 57,281 11,536 12,886 • 9,651 3,121 12,772 12,914 Lakes and Ponds Contracts-Lake and Wetland 63,947 71,200 71,200 39,200 32,000 71,200 71,200 Contracts-Water Analysis - 10,766 9,861 - 9,861 9.861 9,861 Contracts-Water Quality Monitoring 33,807 22,996 27,700 19,450 8,250 27,700 27,700 Contracts-Lakes 30A&30B 12,000 12,000 12,000 8,000 5,714 13,714 24,000 Contracts-Sediment Testing - - 6,675 6,675 - 6,675 6,675 R&M-Aquascaping 1,950 - 8,500 - 3,542 3,542 8,500 R&M-Stormwater System - - 4,000 3,000 - 3,000 4,000 R&M-Lake Erosion 3,000 37,800 84,713 - 35,297 35,297 70,795 R&M-Contingency 4,175 - 8,263 - 8,263 8,263 3,000 Improvement-Lake Bank Restoration - 29,512 - - - - - Reserve-Lakes - - 31,250 - - - 31,250 Reserve-Stormwater System - - 18,455 - - - 18,455 Total Lakes and Ponds 118,879 184,274 282,617 76,325 102,927 179,252 275,436 Debt Service Operating Loan Repayment 167,354 13,141 - - - - - Interest Expense-Note 5,631 1,554 - - - - - Total Debt Service 172,985 14,695 - - - - - TOTAL EXPENDITURES 495,892 367,761 429,868 169,289 159,460 335,459 431,468 Excess(deficiency)of revenues Over(under)expenditures (111,794) 97,448 - 292,003 (153,267) 132,026 - OTHER FINANCING SOURCES(USES) Interfund Transfer-In - 28,232 - - - - - TOTAL OTHER SOURCES(USES) - 28,232 - - - - - Net change in fund balance (111,794) 125,680 - 292,003 (153,267) 132,026 - FUND BALANCE,BEGINNING 395,949 $ 284,155 413,344 413,344 - 413,344 545,370 FUND BALANCE,ENDING $ 284,155 $ 413,344 $ 413,344 $ 705,347 $ (153,267) $ 545,370 $ 545,370 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 2 16114 2 HERITAGE BAY Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2020 $ 545,370 Net Change in Fund Balance-Fiscal Year 2020 - Reserves-Fiscal Year 2020 Additions 49,705 Total Funds Available(Estimated)-9/30/2020 595,075 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 95,441 (1) Reserves-Erosion Control(Prior years) 14,687 Reserves-Lakes(Prior Years) 93,750 Reserves-Lakes(FY19) 31,250 Reserves-Lakes(FY20) 31,250 156,250 Reserves-Stormwater System(FY18) 18,455 Reserves-Stormwater System(FY19) 18,455 Reserves-Stormwater System(FY20) 18,455 55,365 Reserves-Loan(Prior years) 4,750 Subtotal 326,493 Total Allocation of Available Funds 326,493 Total Unassigned(undesignated)Cash $ 268,582 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2020 Page 3 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 REVENUES _ J 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 Professional Services-Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the Districts Arbitrage Rebate Liability on its bonds. P/R-Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance The amount for the Fiscal Year is based upon all supervisors attending all meetings. 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. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 4 161142 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES Administrative(continued) Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Inframark Infrastructure Management Services. Inframark manages all of the District's financial activities such as accounts payable,financial statements,auditing and budgeting in accordance with the management contract in effect. Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service which is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections. Professional Services-Special Assessment This is the Administrative fees to prepare the District's special assessment roll. Professional Services-Trustee Fees The District pays US Bank an annual fee for trustee services on the Series 2018 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses. Professional Services-Web Site Maintenance 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. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 5 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES(continued) Administrative(continued) 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. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity Division of Community Development. Field Professional Services-Field Management Field Management Services for the District is performed by Inframark Infrastructure Management Services. This includes the regular inspection of all District assets and contractor performance monitoring. A monthly report is provided for the Board's review to allow for their consideration of issues and action to consider. R&M-Contingency All other field expenses that do not fall into the category described above will be expensed to contingency. Lakes & Ponds Contracts-Lake and Wetland A contract was negotiated with Lake&Wetland Management for monthly lake maintenance of the District's lakes and littoral shelf maintenance which includes approximately 14.52 acres. Fluorodine Treatment was added May 2015. Contracts-Water Analysis A contract was negotiated with CPH for bathymetric to be performed on Lakes. Contracts-Water Quality Monitoring A contract was negotiated with CPH for testing of the lakes and water quality monitoring. Contracts-Lakes 30A&30B A contract was negotiated with Lake&Wetland Management for monthly maintenance of lakes 30A&30B. Annual Operating and Debt Service Budget Fiscal Year 2020 . , Page 6 16I1A 2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES(continued) Lakes &Ponds (continued) Contracts-Sediment Testing Contract with CPH to do sediment testing in the District lakes. R&M-Aquascaping This is for any repair and maintenance expenses pertaining to the District's lakes that are not covered in the contract. R&M-Stormwater System This is for any repair and maintenance expenses pertaining to the stormwater system. R&M-Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. R&M-Contingency All other lake expenses that do not fall into the previous repair and maintenance categories will be expensed to contingency. Reserve-Lakes Lake improvement expenses that are projected to occur in the future are appropriated with this account. Reserve-Stormwater System Stormwater system/drainage expenses that are projected to occur in the future are appropriated with this account. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 7 16I1A2 HERITAGE BAY Community Development District Debt Service Budget Fiscal Year 2020 161142 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2020 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2018 FY 2019 APR-2019 SEP-2019 FY 2019 FY 2020 REVENUES Interest-Investments 3,925 - 9,401 6,715 16,116 $ - Special Assmnts-Tax Collector - 1,689,155 1,875 821 13,334 1.689,155 1,689,155 Special Assmnts-Discounts - (67,566) (62,029) (62,029) (67,566) TOTAL REVENUES 3,925 1,621,589 1,623,193 20,049 1,643,242 1,621,589 EXPENDITURES Administrative ProfSery-Arbitrage Rebate - 600 - 600 600 - ProfSery-Property Appraiser - 25,337 19,629 - 19,629 25,337 ProfServ-Trustee Fees - 5,157 - 5,157 5,157 - Misc-Assessrnnt Collection Cost 3,066 33,783 32,276 287 33,783 33,783 Total Administrative 3,066.00 64,877 51,905 6,024 59,169 59,120 Debt Service Principal Debt Retirement - 990,000 - 990,000 990,000 1,005,000 Interest Expense - 597,305 309,061 288,244 597,305 556,688 Cost of Issuance 198,389 - - - - - TotalDebtService 198,389 1,587,305 309,061 1,278,244 1,587,305 1,561,688 TOTAL EXPENDITURES 201,455 1,652,182 360,966 1,284,267 1,646,474 1,620,808 I Excess(deficiency)of revenues Over(under)expenditures (197,530) (30,593) 1,262,227 (1,264,218) (3,232) !81 OTHER FINANCING SOURCES(USES) Operating Transfers-In 362,365 - 26.398 - 26,398 - Proceeds of Refunding Bonds 660,533 - - - - - Contribution to(Use of)Fund Balance - (30,593) - - - 781 TOTAL OTHER SOURCES(USES) 1,022,898 (30,593) 26,398 - 26,398 781 Net change in fund balance 825,368 (30,593) 1,288,625 (1,264,218) 23,166 781 FUND BALANCE,BEGINNING (1) 825,367 825.367 - 825,367 848,533 FUND BALANCE,ENDING 825,367 794,774 $ 2,113,992 (1,264,218) $ 848,533 $ 849,314 a Annual Operating and Debt Service Budget Fiscal Year 2020 Page 8 1611A2 HERITAGE BAY Community Development District Amortization Schedule 2018 Refunding of Series 2018A-1 and A-2 Special Assessment Refunding Bonds Principal Year Principal Special calls Interest Balance FY Total DS 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 $ 256,078 $ 256,078 $ 1,553,744 5/1/2022 $ 1,055,000 2.50% $ 256,078 $ 1,311,078 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 $ 1,220,000 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 $ 1,180,000 3.50% $ 20,650 $ 1,200,650 11/1/2036 $ 1,200,650 $ 19,870,000 $ 5,979,330 $ 25,849,330 $ 25,849,330 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 9 16IIA HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2020 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their trust accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels (using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes,discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service.The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2%on the amount of special assessments collected and remitted,whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Debt Service Principal Debt Retirement The District pays regular principal payments annually in order to pay down/retire the debt. Interest Expense The District makes semi-annual interest payments on the outstanding debt. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 10 161142 HERITAGE BAY Community Development District Supporting Budget Schedules Fiscal Year 2020 16I1A2 HERITAGE BAY Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2020 vs. Fiscal Year 2019 General Fund Series 2018 Debt Service Total Assessments per Unit Units FY 2020 FY 2019 Percent FY 2020 FY 2019 Percent FY 2020 FY 2019 Percent Product Change Change Change Executive $357.89 $357.89 0% $1,928.85 $1,928.85 0% $2,286.74 $2,286.74 0% 139 Classics $357.89 $357.89 0% $3.050.09 $3,050.09 0% $3,407.98 $3,407.98 0% 95 Classics II $357.89 $357.89 0% $3,294.57 $3,294.57 0% $3,652.46 $3,652.46 0% 18 Coach $357.89 $357.89 0% $1,361.54 $1,361.54 0% $1,719.43 $1,719.43 0% 184 2 Story $357.89 $357.89 0% $1,134.62 $1,134.62 0% $1,492.51 $1,492.51 0% 364 4 Story $357.89 $357.89 0% $907.69 $907.69 0% $1,265.58 $1,265.58 0% 450 1250 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 11 16I1A2 RESOLUTION 2019-2 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT APPROVING THE BUDGET FOR FISCAL YEAR 2020 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating and/or debt service budget for Fiscal Year 2020;a copy of which is attached hereto,and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT; 1. The budget proposed by the District Manager for Fiscal Year 2020 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: September 5,2019 Hour: 9:00 a.m. Place: Heritage Bay Clubhouse 10154 Heritage Bay Boulevard Naples, Florida Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 6th day of June,2019. Edwin B. Hubbard Chairman Ju Faircloth S,e'cretary 1611A2 HERITAGE BAY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2020 Approved Tentative Budget (Meeting 6/6/19) Prepared by. < INFRAMARK 1r;�kAST R.UCT V?[ MA"1ALCMENT SCRV1_LS 1611A2 HERITAGE BAY Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues, Expenditures and Changes in Fund Balance 1 -2 Exhibit A-Allocation of Fund Balances 3 Budget Narrative 4-7 DEBT SERVICE BUDGET Series 2018 Summary of Revenues,Expenditures and Changes in Fund Balances 8 Amortization Schedule 9 Budget Narrative 10 SUPPORTING BUDGET SCHEDULES 2019-2020 Non-Ad Valorem Assessment Summary 11 1 6 I 1 A 2 HERITAGE BAY Community Development District Budget Overview Fiscal Year 2020 1611A2 HERITAGE BAY Community Development District Operating Budget Fiscal Year 2020 161142 HERITAGE BAY Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Approved Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 FY 2019 APR-2019 SEP-2019 FY 2019 FY 2020 REVENUES Interest-Investments $ 1,479 3,241 $ 400 $ 3,725 $ 2,661 $ 6,386 $ 2,000 Interest-Tax Collector - 96.00 - 1,021 - 1,021 - Special Assmnts-Tax Collector 250,000 355,190 355,190 352,386 2,804 355,190 355,190 Special Assmnts-Wall Project 62,500 - - - - - - Special Assmnts-Lakes 30A 8 30B - 60,922 60,923 60,442 481 60,923 60,923 Special Assmnts-Reserves 31,250 31,250 31,250 31,003 247 31,250 31,250 Special Assmnts-Discounts (12,604) (16,490) (17,895) (16,428) (16,428) (17,895) Other Miscellaneous Revenue 51,473 31,000 - 29,143 - 29,143 - TOTAL REVENUES 384,098 465,209 429,868 461,292 6,193 467,485 431,468 EXPENDITURES Administrative P/R-Board of Supervisors 8,000 16,000 12,000 4,000 6,000 10,000 9,000 FICA Taxes 612 1,224 918 306 459 765 689 ProfServ-Arbitrage Rebate - - - - - 600 ProfServ-Dissemination Agent - - 1,500 875 625 1,500 1,500 ProfServ-Engineering 42,494 22,878 14,000 16,878 5,833 22,711 14,000 ProfServ-Legal Services 20,844 26,871 10,000 7,888 4,167 12,055 13,000 ProfSery-Mgmt Consulting Sery 37,195 41,793 44,972 26,234 18,739 44,973 46,270 ProfServ-Property Appraiser 5,156 - 6,710 - - 6,710 6,710 ProfServ-Special Assessment 5,305 5,464 6,200 6,200 - 6,200 6,600 ProfServ-Trustee Fees - - - - - - 5,157 ProfServ-Web Site Maintenance 1,505 773 1,000 583 416 999 1,100 Auditing Services 3,823 3,700 3,914 - 5,900 5,900 5,900 Postage and Freight 1,731 2,839 2,500 428 1,857 2,285 2,500 Insurance-General Liability 12,040 15,389 15,389 7,750 7,639 15,389 9,369 Printing and Binding 1,450 7,428 1,339 890 636 1,526 1,379 Legal Advertising 1,989 3,241 3,700 945 675 1,620 3,000 Misc-Bank Charges 1 100 1 42 43 100 Misc-Assessmnt Collection Cost 4,428 9,433 8,948 8.548 61 8,609 8,947 Misc-Web Hosting 47 900 1,612 322 1,934 6,773 Office Supplies - - 100 - 42 42 100 Annual District Filing Fee 175 175 175 175 - 175 175 Total Administrative 146,747 157,256 134,365 83,313 53,412 143,435 142,889 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 1 16I1A2 HERITAGE BAY Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2020 Approved Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 FY 2019 APR-2019 SEP-2019 FY 2019 FY 2020 Field ProfServ-Field Management 12,731 11,536 12,688 9,651 3,037 12,688 12,830 R&M-Contingency - - 198 - 84 84 84 Capital Outlay 44,550 - - - - - - Total Field 57,281 11,536 12,886 9,651 3,121 12,772 12,914 Lakes and Ponds Contracts-Lake and Wetland 63,947 71,200 71,200 39,200 32,000 71,200 71,200 Contracts-Water Analysis - 10,766 9,861 - 9,861 9,861 9,861 Contracts-Water Quality Monitoring 33,807 22,996 27,700 19,450 8,250 27 700 27,700 Contracts-Lakes 30A&306 12,000 12,000 12,000 8,000 5,714 13,714 24,000 Contracts-Sediment Testing - - 6,675 6,675 - 6,675 6,675 R&M-Aquascaping 1,950 - 8,500 - 3,542 3,542 8,500 R&M-Stormwaler System - - 4,000 3,000 - 3,000 4,000 R&M-Lake Erosion 3,000 37,800 84,713 - 35,297 35,297 71,025 R&M-Contingency 4,175 - 8,263 - 8,263 8,263 3,000 - Improvement-Lake Bank Restoration - 29,512 - - - Reserve-Lakes - - 31,250 - - - 31,250 Reserve-Stormwater System - - 18,455 - - 18,455 Total Lakes and Ponds 118,879 184,274 282,617 76,325 102,927 179,252 275,666 Debt Service Operating Loan Repayment 167,354 13,141 - _ - - - Interest Expense-Note 5631 1,554 - - _ - - Total Debt Service 172,985 14,695 - - - - - TOTAL EXPENDITURES 495,892 367,761 429,868 169,289 159,460 335,459 431,469 Excess(deficiency)of revenues Over(under)expenditures (111,794) 97,448 - 292,003 (153,267) 132,026 - OTHER FINANCING SOURCES(USES) Interfund Transfer-In - 28,232 - - - - - TOTAL OTHER SOURCES(USES) 28,232 - - - - - Net change in fund balance (111,794) 125,680 - 292,003 (153,267) 132,026 - FUND BALANCE,BEGINNING 395,949 $ 284,155 413,344 413 344 - 413,344 545,370 FUND BALANCE,ENDING $ 284,155 $ 413,344 $ 413,344 $ 705,347 $ (153,267) $ 545,370 $ 545,370 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 2 1 6 1 1 A 2 HERITAGE BAY Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2020 $ 545,370 Net Change in Fund Balance-Fiscal Year 2020 - Reserves-Fiscal Year 2020 Additions 49,705 Total Funds Available(Estimated)-9/30/2020 595,075 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 95,441 lit Reserves-Erosion Control(Prior years) 14,687 Reserves-Lakes(Prior Years) 93,750 Reserves-Lakes(FY19) 31,250 Reserves-Lakes(FY20) 31,250 156,250 Reserves-Stormwater System(FY18) 18,455 Reserves-Stormwater System(FY19) 18,455 Reserves-Stormwater System(FY20) 18,455 55,365 Reserves-Loan(Prior years) 4,750 Subtotal 326,493 Total Allocation of Available Funds 326,493 Total Unassigned(undesignated)Cash $ 268,582 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2020 Page 3 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 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 Professional Services-Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds. 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. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 4 16I1A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES Administrative (continued) Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Inframark Infrastructure Management Services. Inframark manages all of the District's financial activities such as accounts payable,financial statements,auditing and budgeting in accordance with the management contract in effect. Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries, and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service which is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections. Professional Services-Special Assessment This is the Administrative fees to prepare the District's special assessment roll. Professional Services-Trustee Fees The District pays US Bank an annual fee for trustee services on the Series 2018 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses. Professional Services-Web Site Maintenance 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. Annual Operating and Debt Service Budget a Fiscal Year 2020 Page 5 •r, 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES(continued) Administrative(continued) 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. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity Division of Community Development. Field Professional Services-Field Management Field Management Services for the District is performed by Inframark Infrastructure Management Services. This includes the regular inspection of all District assets and contractor performance monitoring. A monthly report is provided for the Board's review to allow for their consideration of issues and action to consider. R&M-Contingency All other field expenses that do not fall into the category described above will be expensed to contingency. Lakes & Ponds Contracts-Lake and Wetland A contract was negotiated with Lake&Wetland Management for monthly lake maintenance of the District's lakes and littoral shelf maintenance which includes approximately 14.52 acres. Fluorodine Treatment was added May 2015. Contracts-Water Analysis A contract was negotiated with CPH for bathymetric to be performed on Lakes. Contracts-Water Quality Monitoring A contract was negotiated with CPH for testing of the lakes and water quality monitoring. Contracts-Lakes 30A&30B A contract was negotiated with Lake&Wetland Management for monthly maintenance of lakes 30A&30B. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 6 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES(continued) Lakes & Ponds (continued) Contracts-Sediment Testing Contract with CPH to do sediment testing in the District lakes. R&M-Aquascaping This is for any repair and maintenance expenses pertaining to the District's lakes that are not covered in the contract. R&M-Stormwater System This is for any repair and maintenance expenses pertaining to the stormwater system. R&M-Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. R&M-Contingency All other lake expenses that do not fall into the previous repair and maintenance categories will be expensed to contingency. Reserve-Lakes Lake improvement expenses that are projected to occur in the future are appropriated with this account. Reserve-Stormwater System Stormwater system/drainage expenses that are projected to occur in the future are appropriated with this account. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 7 1611A HERITAGE BAY Community Development District Debt Service Budget Fiscal Year 2020 1611A2 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2020 Approved Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU MAY- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2018 FY 2019 APR-2019 SEP-2019 FY 2019 FY 2020 REVENUES Interest-Investments 3,925 - 9,401 6,715 16,116 $ - Special Assmnts-Tax Collector - 1,689,155 1,675,821 13,334 1,689,155 1,689,155 Special Assmnts-Discounts - (67,566) (62,029) - (62,029) (67,566) TOTAL REVENUES 3,925 1,621,589 1,623,193 20,049 1,643,242 1,621,589 EXPENDITURES Administrative ProfServ-Arbitrage Rebate - 600 - 600 600 - ProfServ-Property Appraiser - 25,337 19,629 - 19,629 25,337 ProfServ-Trustee Fees - 5,157 - 5,157 5,157 - Misc-Assessmnt Collection Cost 3,066 33,783 32,276 267 33,783 33,783 Total Administrative 3,066.00 64,877 51,905 6,024 59,169 59,120 Debt Service Principal Debt Retirement - 990,000 - 990,000 990,000 1,005,000 Interest Expense - 597,305 309,061 288,244 597,305 556,688 Cost of Issuance 198,389 - - - - Total Debt Service 198,389 1,587,305 309,061 1,278,244 1,587,305 1,561,688 TOTAL EXPENDITURES 201,455 1,652,182 360,966 1,284,267 1,646,474 1,620,808 Excess(deficiency)of revenues Over(under)expenditures (197,530) (30,593) 1,262,227 (1,264,218) (3,232) 781 OTHER FINANCING SOURCES(USES) Operating Transfers-In 362,365 - 26,398 - 28,398 - Proceeds of Refunding Bonds 660,533 - - - - - Contribution to(Use of)Fund Balance - (30,593) - - 781 TOTAL OTHER SOURCES(USES) 1,022,898 (30,593) 26,398 - 26,398 781 Net change in fund balance 825,368 (30,593) 1,288,625 (1,264,218) 23,166 781 FUND BALANCE,BEGINNING (1) 825,367 625,367 - 625,367 848,533 FUND BALANCE,ENDING 825,367 794,774_ $ 2,113,992 (1,264,218a $ 848,533 $ 849,314 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 8 1611A 2 HERITAGE BAY Community Development District Amortization Schedule 2018 Refunding of Series 2018A-1 and A-2 Special Assessment Refunding Bonds Principal Year Principal Special calls Interest Balance FY Total DS 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 $ 256,078 $ 256,078 $ 1,553,744 5/1/2022 $ 1,055,000 2.50% $ 256,078 $ 1,311,078 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 $ 1,220,000 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 $ 1,180,000 3.50% $ 20,650 $ 1,200,650 11/1/2036 $ 1,200,650 $ 19,870,000 $ 5,979,330 $ 25,849,330 $ 25,849,330 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 9 1611A2 HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2020 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their trust accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes,discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service. The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2%on the amount of special assessments collected and remitted,whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Debt Service Principal Debt Retirement The District pays regular principal payments annually in order to pay down/retire the debt. Interest Expense The District makes semi-annual interest payments on the outstanding debt. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 10 1 6 I 1 A 2 HERITAGE BAY Community Development District Supporting Budget Schedules Fiscal Year 2020 1611A2 HERITAGE BAY Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2020 vs. Fiscal Year 2019 General Fund Series 2018 Debt Service Total Assessments per Unit Units FY 2020 FY 2019 Percent FY 2020 FY 2019 Percent FY 2020 FY 2019 Percent Product Change Change Change Executive $357.89 $357.89 0% $1,928.85 $1,928.85 0% $2,286.74 $2,286.74 0% 139 Classics $357.89 $357.89 0% $3,050.09 $3,050.09 0% $3,407.98 $3,407.98 0% 95 Classics II $357.89 $357.89 0% $3,294.57 $3,294.57 0% $3,652.46 $3,652.46 0% 18 Coach $357.89 $357.89 0% $1,361.54 $1,361.54 0% $1,719.43 $1,719.43 0% 184 2 Story $357.89 $357.89 0% $1,134.62 $1,134.62 0% $1,492.51 $1,492.51 0% 364 4 Story $357.89 $357.89 0% $907.69 $907.69 0% $1,265.58 $1,265.58 0% 450 1250 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 11 1611A ? HERITAGE BAY Community Development District Financial Report April 30, 2019 (Unaudited) Prepared by ,.:'-.1NFRAMARK 1611A2 HERITAGE BAY Community Development District Table of Contents FINANCIAL STATEMENTS Pages Balance Sheet-All Funds 1 Statement of Revenues, Expenditures and Changes in Fund Balance General Fund 2-3 Debt Service Fund 4 Construction Fund 5 SUPPORTING SCHEDULES Trend Report 6-7 Non-Ad Valorem Special Assessments 8 Cash and Investment Report 9 Construction Report Schedule 10 Requisitions List 11 -13 Bank Reconciliation 14 Check Register&Invoice Copies 15-28 161142 HERITAGE BAY Community Development District Financial Statements (Unaudited) April 30, 2019 16I1A2 HERITAGE BAY Community Development District Governmental Funds Balance Sheet April 30,2019 2018 SERIES 2018 SERIES CONSTRUC DEBT TION& GENERAL SERVICE ACQUISITIO ACCOUNT DESCRIPTION FUND FUND N FUND TOTAL ASSETS Cash-Checking Account $ 174,743 $ - $ - $ 174,743 Due From Other Funds - 82,955 - 82,955 Investments: Money Market Account 645,592 - - 645,592 Construction Fund - - 775,465 775,465 Interest Fund(A-2) - 13,724 - 13,724 Prepayment Account - 5,642 - 5,642 Reserve Fund - 391,290 - 391,290 Revenue Fund - 1,593,983 - 1,593,983 TOTAL ASSETS $ 820,335 $ 2,087,594 $ 775,465 $ 3,683,394 LIABILITIES Accounts Payable $ 5,634 $ - $ - $ 5,634 Due To Other Funds 82,955 - - 82,955 TOTAL LIABILITIES 88,589 - - 88,589 FUND BALANCES Restricted for: Debt Service - 2,087,594 - 2,087,594 Capital Projects - - 775,465 775,465 Assigned to: Operating Reserves 95,041 - - 95,041 Reserves-Erosion Control 14,687 - - 14,687 Reserves-Lakes 93,750 - - 93,750 Reserves-Loan 4,750 - - 4,750 Reserves-Stormwater System 18,455 - - 18,455 Unassigned: 478,664 - - 478,664 TOTAL FUND BALANCES $ 705,347 $ 2,087,594 $ 775,465 $ 3,568,406 TOTAL LIABILITIES&FUND BALANCES $ 820,335 $ 2,087,594 $ 775,465 $ 3,683,394 Page 1 1611A2 HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending April 30,2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 400 $ 233 $ 3,725 $ 3,492 Interest-Tax Collector - - 1,021 1,021 Special Assmnts-Tax Collector 355,190 355,190 352,386 (2,804) Specials Assmnts-Lakes 30A&30B 60,923 60,923 60,442 (481) Special Assmnts-Reserves 31,250 31,250 31,003 (247) Special Assmnts-Discounts (17,895) (17,895) (16,428) 1,467 Other Miscellaneous Revenues - - 29,143 29,143 TOTAL REVENUES 429,868 429,701 461,292 31,591 EXPENDITURES Administration P/R-Board of Supervisors 12,000 7,000 4,000 3,000 FICA Taxes 918 536 306 230 ProfServ-Dissemination Agent 1,500 875 875 - ProfServ-Engineering 14,000 8,167 16,878 (8,711) ProfServ-Legal Services 10,000 5,833 7,888 (2,055) ProfServ-Mgmt Consulting Sery 44,972 26,234 26,234 - ProfServ-Property Appraiser 6,710 6,710 - 6,710 ProfServ-Special Assessment 6,200 6,200 6,200 - ProfServ-Web Site Maintenance 1,000 583 583 - Auditing Services 3,914 2,500 - 2,500 Postage and Freight 2,500 1,458 428 1,030 Insurance-General Liability 15,389 15,389 7,750 7,639 Printing and Binding 1,339 781 890 (109) Legal Advertising 3,700 2,158 945 1,213 Misc-Bank Charges 100 - 1 (1) Misc-Assessmnt Collection Cost 8,948 8,948 8,548 400 Misc-Web Hosting 900 525 1,612 (1,087) Office Supplies 100 - - - Annual District Filing Fee 175 175 175 - Total Administration 134,365 94,072 83,313 10,759 Page 2 1611A2 HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending April 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfSery-Field Management 12,688 7,401 9,651 (2,250) R&M-Contingency 198 116 - 116 Total Field 12,886 7,517 9,651 (2,134) Lakes and Ponds Contracts-Lake and Wetland 71,200 41,533 39,200 2,333 Contracts-Water Analysis 9,861 5,752 - 5,752 Contracts-Water Quality 27,700 27.700 19,450 8,250 Contracts-Lakes 30A&306 12,000 7,000 8,000 (1,000) Contract-Sediment Testing 6,675 6,675 6,675 - R&M-Aquascaping 8,500 4,958 - 4,958 R&M-Stormwater System 4,000 3.000 3,000 - R&M-Lake Erosion 84,713 49.416 - 49,416 R&M-Contingency 8,263 4,820 - 4,820 Reserve-Lakes 31,250 31.250 - 31,250 Reserve-Stormwater System 18,455 18,455 18,455 Total Lakes and Ponds 282,617 200,559 76,325 124,234 TOTAL EXPENDITURES 429,868 302,148 169,289 132,859 Excess(deficiency)of revenues Over(under)expenditures - 127,553 292,003 164,450 Net change in fund balance $ - $ 127,553 $ 292,003 $ 164,450 FUND BALANCE,BEGINNING(OCT 1,2018) 413,344 413,344 413,344 FUND BALANCE,ENDING $ 413,344 $ 540,897 $ 705,347 Page 3 1611A2 HERITAGE BAY Community Development District 2018 Series Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending April 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ - $ - $ 9,401 $ 9,401 Special Assmnts-Tax Collector 1,689,155 1,689,155 1,675,821 (13,334) Special Assmnts-Discounts (67,566) (67,566) (62,029) 5,537 TOTAL REVENUES 1,621,589 1,621,589 1,623,193 1,604 EXPENDITURES Administration ProfServ-Arbitrage Rebate 600 - - - ProfServ-Property Appraiser 25,337 25,337 19,629 5,708 ProfServ-Trustee Fees 5,157 - - - Misc-Assessmnt Collection Cost 33,783 33,783 42,539 (8,756) Total Administration 64,877 59,120 62,168 (3,048) Principal Debt Retirement 990,000 - - - Interest Expense 597,305 298,653 309,061 (10,408) Total Debt Service 1,587,305 298,653 309,061 (10,408) TOTAL EXPENDITURES 1,652,182 357,773 371,229 (13,456) Excess(deficiency)of revenues Over(under)expenditures (30,593) 1,263,816 1,251,964 (11,852) OTHER FINANCING SOURCES(USESI Contribution to(Use of)Fund Balance (30,593) - - - TOTAL FINANCING SOURCES(USES) (30,593) - - - Net change in fund balance $ (30,593) $ 1,263,816 $ 1,251,964 $ (11,852) FUND BALANCE,BEGINNING(OCT 1,2018) 835,630 835,630 835,630 FUND BALANCE,ENDING $ 805,037 $ 2,099,446 $ 2,087,594 Page 4 1611A2 HERITAGE BAY Community Development District 2018 Series Construction and Acquisition Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending April 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ - $ - $ 9,443 $ 9,443 TOTAL REVENUES - 9,443 9,443 Construction in Progress - - 182,070 (182,070) Total Construction In Progress - - 182,070 (182,070) TOTAL EXPENDITURES - - 182,070 (182,070) Excess(deficiency)of revenues Over(under)expenditures - - (172,627) (172,627) Net change in fund balance $ - $ - $ (172,627) $ (172,627) FUND BALANCE,BEGINNING(OCT 1,2018) - - 948,092 FUND BALANCE,ENDING $ - $ - $ 775,465 Page 5 1611A2 HERITAGE BAY Community Development District Supporting Schedules April 30, 2019 N 'Cr is 415 a8a88 � 88s8N ommil a em - C 0 o � O � Igi_ Pr,Q � CW0 (JO m . 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O O co Ti- co �Y co (C) M M N Nt 0 m M O (C) 'I C O J N 05 co N (O U < J N M O Q 69 E9 69 69 EA 69 69 E9 69 69 69 0 o 0 COxO 60) N- CO (IO ti CO CO C)) CO OO) CO 0) 0 _ C) h (O Nt V O CO O CO 6) 00 T 113 O O) C LO c6(O CO N N «O N C0 n n N N c N C Li r) c- co 0 (0 M 0 0 c O N 6) (9 69 69 69 69 E9 E9 69 69 69 a 7) .42 N C) o M 0) 0 M N (C) (O N V N o (O V Cl (f) O 0) (00 M CO N- 00) CD V CCOO ((0 O1.0 O) OD N O N 0 0 (� C d O T 'Cr co- d d' V V O O C C O) NO =O .>.°) N l0 M E i L 6 E y N N En 0) C Q (n — W NU( V 69 69 E9 E9 69 CO 69 E9 6) (9 69 NT- C O) V N- a) co OOD co U) V CO LO N .0 C (2g O O M M (.- co O O) O) CO 0 6 N U y M O) CO M p LT. mU v E -..E. 0 N (9 EA 69 E9 69 E9 E9 E9 E9 E9 O ra LL CN M 7 O 1N V h10 co 0) N 1() (O OD N Q C ,4) C co- N O V OO C r Z co C d oa E9 E9 E9 E9 69 EA EA 69 ER 69 M c0 0 00 Cr) CO ' 0 H H O N- N- N (0 (O CO N N. 0 V O) r (O COCO N cO CO j 'O 0) L- Ti N- N � 'Cr V' 'I p O C) r V M O E ' N CD Q U z U 0 N Z 0 Z 0 J 0 F— C N 69 69 69 69 69 69 69 69 69 69 in CO CO N C o 0 0 E -o O) C c0 c0 c0 c0 co O 0) 0) 0) J W O 0) 0- d j E O < J J o O V) CO O (D M CO Co J N a N a V til O O CO N O N O N O N CO N c y O H T r 1— r 0 0 0 0 ~ C) �) Wo as Y y . 0 jaE C woct I 0 1611A2 HERITAGE BAY Community Development District Cash and Investment Balances April 30, 2019 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Checking Valley National Bank N/A 0.00% $ 174,743 Money Market Account BankUnited N/A 1.30% 645,592 Subtotal General Fund 820,335 DEBT SERVICE FUND Series 2018 Constr and Acq Fund US Bank N/A 0.00% 775,465 Series 2018A2 Interest Fund US Bank N/A 0.00% 13,724 Series 2018 PrePayment Fund US Bank N/A 0.00% 5,642 Series 2018 Reserve Fund US Bank N/A 0.00% 391,290 Series 2018 Revenue Fund US Bank N/A 0.00% 1,593,983 Subtotal Debt Service 2,780,104 (1) Total $ 3,600,439 Note(1) Invested in First American Obligation Fund Report Date:5/30/2019 Page 9 16I1A2 HERITAGE BAY Community Development District Series 2018 Construction Report Construction Report April 30,2019 Deposit to 2018 Acquisition and Construction Account(Amount from 4118118) $ 3,461,202 Requisitons (Please see Requisition List) Requisitions Total 2,711,167 Less Requisitions paid in FY17 28,232 Total Requisitions for FY18 2,669,228 Total Requisitions for FY19 13,706 Sub-Total $ 750,035 Interest and transfers in Construction and Acquisition Account 25,431 Balance In Construction&Acq Account as of April 30,2019 $ 775,465 Report Date:5/24/2019 Page 10 Q M was ging a) C) N a C 0 'N Y CD Z co co co co co co co co op co co m co co co co co oo co co co co m m oo co co co m U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'a— C3 0 0 0 0 CO EL N N N N N N N N N N (VENN N N N N N N N N N (N CV N O co 0) 6) a) a) a) Co c0 co co co co co co O co co o co O O O O O O O O O O N N N N N N N N N N N N N N N N N N CO C` C` CO C` 0 CO CO M M N W co co co co co co CO h h h N h h h h h h N N N h N N N N N N N h H aa, a O h O O of V in cc in O 0 in O 0 O O CO CO O O in CD O in CO N O V CO h O CO V' N N N N O O h in N O in CO CO O O O V O m CO h (O N MniN (n h in co N 00 00 (D c0 O 0 CO V CO CO CO O O V N II) lO r- CO CO CO 7 N CO cn CO Ch CO CO N O 71' CO Ln M h O O CD O N CO N- h [t CO h CO co N (D W V O (O N to N h V N �-- F O N- N N 0 Z fA (A U) co U) U) U) U) fA u) to (A co co fA co EA U) 6A EA (A EA EA EA EA EA (A EA EA 0 nz Cn 0h NM 0 co •- `- N Ln CO CO 71' - 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E C7 7 K) )D h CO 01 N M O CDCD LD LD CD c0 CD NE W 0 N LL N>- } LL V IA v3 16I1A 2 Heritage Bay CDD Bank Reconciliation Bank Account No. 9727 Valley National Bank-GF Statement No. 04/19A Statement Date 4/30/2019 G/L Balance(LCY) 174,742.98 Statement Balance 179,916.73 G/L Balance 174,742.98 Outstanding Deposits 0 CO Positive Adjustments 0.00 Subtotal 179,916.73 Subtotal 174,742.98 Outstanding Checks 5,173 75 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 174,742.98 Ending Balance 174,742.98 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 4/26/2019 Payment 3487 COLEMAN,YOVANOVICH&KOESTER,P.A. 5,173.75 0 00 5,173.75 Total Outstanding Checks 5,173.75 5,173.75 Page 14 N iiaC _/ O C) N N CO O CO o O 0 N 0 0 0 0 0 0 A M. 4.0 C) C) 0 0 U) N t[) O o U) N co C�) 91114 O CO N A ID AC7 0 O M T O Opp CO CO pNp V CO CIS% A O LA N C0 OOto O /- CIs ? 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M m COVCV+) COCM m M U a W LC • z ... 888888880 . 0000 . 0 1611A 2 o Invoice 500 West Fulton Street Sanford,Florida 32771 Phone:407.322.6841 Justin Faircloth February 8,2019 Heritage Bay Community Development District Project No: H13607 CIO INFRAMARK Invoice No: 113218 210 N.University Drive Suite 702 Coral Springs,FL 33071 Heritage Bay Lake#20 Single Family House Drainage Design 10154 Heritage Bay Blvd Naples,FL 34120-Collier County professional Services through January 13.2019 Bidding Administration Professional Personnel Hours Rate Amount Sr.Project Manager 2.75 150.00 412.50 Administrative .50 75.00 37.50 Totals 3.25 450,00 Total Labor 450.00 Billing Limits Current Prior To-Date Labor 450.00 968.25 1,418.25 Limit g 3,000.00 Remaining 1,581.75 Total this Phase $450.00 Total this Invoice $450.00 Services provided this period include: Project coordination and client updates. • CPH,Inc. • Page 16 w w w . c p h c o r p . c o rn 1 o � 500 West Fulton Street InvoiceSanford,Florida 32771 Phone:407.322.6841 Justin Faircloth March 15,2019 Heritage Bay Community Development District Project No: S28902 CIO INFRAMARK Invoice No: 113757 210 N.University Drive Suite 702 Coral Springs,FL 33071 Meetings&Miscellaneous Services at 10154 Heritage Bay Blvd.Naples,FL-Collier County Professional Services through February 17.2019 _ 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Sr.Design Technician 9.50 105.00 997.50 Administrative 2.50 75.00 187.50 Sr.Project Manager 16.00 180.00 2,880.00 Totals 28.00 4,065.00 Total Labor 4,065.00 Total this Phase $4,065.00 XXP Expenses Reimbursable Expenses Communications 7.27 Tolls/Rental/Air 45.05 Total Relmbursables 52.32 52.32 Unit Billing Color Copies 8.5X11 20.25 Total Units 20.25 20.25 Total this Phase $72.57 Total this Invoice $4,137.57 Services provided this period include: Preparation and attendance at CDD Meetings. Conference call with CDD Management to review FEMA claim. General administrative services. CPH,Inc. .fj/1/14/, 4M-OL/ Page 17 w w w . c p h c o r p . c o m 1611A2 Project S28902 INFRAMARK/Heritage Bay;Meeting&Misc Invoice 113757 Billing Backup Monday,March 18,2019 CPH,Inc. Invoice 113757 Dated 3/15/2019 4:57:25 PM 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Sr.Design Technician 70-01068 Allen,John 12/4/2018 3.00 105.00 315.00 Review with Dan,print reports for COD meeting,review water quality reports.Schedule John for site visit 70-01068 Allen,John 12/6/2018 4.00 105.00 420.00 COD meeting 70-01068 Men,John 1/23/2019 1 00 105.00 105.00 Review&approve pay apps. 70-01068 Allen,John 1/24/2019 1.00 105.00 105.00 Conf call with Justin,review with JMS 70-01068 Allen,John 1/25/2019 .50 105.00 52.50 Emails with team on drone survey props& Administrative 73-01184 Lemmerman,Gabriel 10/29/2018 .25 75.00 18.75 Review prebill and submit billing sheet 73-01184 Lemmerman,Gabriel 1/4/2019 .50 75.00 37.50 Coordination with CAL for RFP forms 73-01184 Lemmerman,Gabriel 1/15/2019 .50 75.00 37.50 pick up JMS rental car 73-01184 Lemmerman,Gabriel 2/8/2019 .25 75.00 18.75 CDD travling and car coord for monthly meeting 73-01184 Lemmerman,Gabriel 2/12/2019 .50 75.00 37.50 JMS rental pick up 73-01184 Lemmerman,Gabriel 2/15/2019 .50 75.00 37.50 Return JMS Rental car Sr.Project Manager 73-0163 Satfield,Jeffrey 10/26/2018 1.00 180.00 180.00 review current CDD worklaod and needs 73-0163 Satfield,Jeffrey 11/2/2018 .50 180.0D 90.00 Review current workload and CDD needs 73-0163 Satfield,Jeffrey 11/9/2018 .50 180.00 90.00 Review CDD and workload 73-0163 Satfield,Jeffrey 11/21/2018 1.00 180.00 180.00 General PM,review CDD workload and meeting updates 73-0163 Satfield,Jeffrey 12/4/2018 1.00 180.00 180.00 review current CDD workload and needs 73-0163 Satfield,Jeffrey 12/19/2018 1.00 180.00 180.00 General PM, review workload and monthly meeting needs 73-0163 Satfield,Jeffrey 12/31/2018 1.00 180.00 180.00 CDD Meeting coord with Cal 73-0163 Satfield,Jeffrey 1/7/2019 1.00 180.00 180.00 General PM/ review CDD workload 73-0163 Satfield,Jeffrey 1/14/2019 1.50 180.00 270.00 Review prebills,review CDD workload and needs 73-0163 Satfield,Jeffrey 1/28/2019 1.00 180.00 180.00 general pm/review current workload 73-0163 Satfield,Jeffrey 2/7/2019 1.00 180.00 180.00 Review CDD workload and needs Page 18 i6I1A2 Project S28902 INFRAMARK/Heritage Bay;Meeting&Misc Invoice 113757 73-0163 Satfield,Jeffrey 2/13/2019 1.00 180.00 180.00 Prep for CDD meeting 73-0163 Satfield,Jeffrey 2/14/2019 4.50 180.00 810.00 CDD Meeting, travel to and from Totals 28.00 4,065.00 Total Labor 4,085.00 Total this Phase $4,065.00 XXP Expenses Reimbursable Expenses Communications AP 205435 1/6/2019 Jeffrey M.Satfield/Cell Phone(1/25/19) 7.27 Tolls/Rental/Air AP 204970 12/16/2018 Avis Rent A Car System,LLC/12/06/18 J. 45.05 Allen Avis Rental Car Total Relmbursables 52.32 52.32 Unit Billing Color Copies 8.5X11 20.25 Total Units 20.25 20.25 Total this Phase $72.57 Total this Project $4,137.57 Total this Report $4,137.57 Page 19 1611A2 Unbilled Detail As of 2/17/2019 Monday,March 18.2019 4:56:05 PM Billing Employee/ Hours/ Billing Billing Labor Status Date Reference Description Units Rate Amount Category Project:S28902 INFRAMARK/Heritage Bay;Meeting&Misc Phase Number:XXP Expenses Principal Name:Satfield,Jeffrey Expenses: 8 1/612019 000000205435 Jeffrey M.Satfield Cell Phone(1/25/19) 7.270 B 12/16/2018 000000204970 Avis Rent A Car System,LLC 12/06/18 J. 45,050 Allen Avis Rental Car Total for 52.320 • Total Billable Expenses 52.320 Total Expenses 52.320 Units: B 12/16/2018 000000000552 Ft Myers 8:25 81.0 8.5X11 CLR @ 0.25 81.00 .250 20.250 Total for 81.00 20.250 Total Billable Units 81.00 20.250 Total Units 81.00 20.250 Total for XXP 81.00 72.570 Page 20 1611A2 @0 /ID 500 West Fulton Street invoice j Sanford,Florida 32771 (hoar.4117_322.(i84l Justin Fairclath April 2.2019 Heritage Bay Community Development District Project No: 526902 C/C INFRAMARK Invoice No: 113815 210 N.University Drive Suite 702 Coral Springs,FL 33071 Meetings&Miscellaneous Services at 10154 Heritage Bay Blvd.Naples,FL-Collier County Professional Services through March 17.2019 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Project Coordinator .25 90.00 22.50 Sr.Design Technician 2,50 145.00 262.50 Administrative .25 75.00 1B 75 Sr.Project Manager 3.50 180.00 630,00 Totals 6.50 933.75 Total Labor 933.75 Total this Phase $933.75 Total this invoice $933.75 Outstanding Invoices Number Date Balance 113757 3,`15/2010 4,137.57 Total 4,137.57 Services provided this period include: Preparation and attendance at COD Meetings Review Payapps,Lake 30a/b drone coordination CPH, &'� ✓'" Inc.Inc. 77/762/2—; Page 21 rr . , h , r i' . u ti. 1611A2 Project S28902 INFRAMARK/Heritage Bay;Meeting&Misc Invoice 113815 Billing Backup Tuesday,April 2,2019 CPH,Inc. Invoice 113815 Dated 4/2/2019 8:24:58 AM 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Project Coordinator 70-0993 Pearce,Kelly 3/7/2019 .25 90.00 22.50 Prebill coordination Sr. Design Technician 70-01068 Allen,John 1/28/2019 .50 105.00 52.50 Lake 30a/b drone survey propsal coordination 70-01068 Allen,John 1/30/2019 .50 105.00 52.50 Lake 30a/b drone survey propsal coordination 70-01068 Allen,John 2/1/2019 .50 105.00 52.50 Lake 30a/b drone survey propsal coordination 70-01068 Allen,John 3/8/2019 .50 105.00 52.50 Emails with Jeffrey,review outstanding items 70-01068 Allen,John 3/15/2019 .50 105.00 52.50 Review/approve pay apps Administrative 73-01184 Lemmerman,Gabriel 3/13/2019 .25 75.00 18.75 CDD attendance coord for March meeting Sr.Project Manager 73-0163 Satfield,Jeffrey 2/20/2019 1.00 180.00 180.00 Review CDD workload 73-0163 Satfield,Jeffrey 3/4/2019 1.50 180.00 270.00 Coordiantion with CRA Engineer,minor research 73-0163 Satfield,Jeffrey 3/14/2019 1.00 180.00 180.00 coord with CDD for March monthly meeting Totals 6.50 933.75 Total Labor 933.75 Total this Phase $933.75 Total this Project $933.75 Total this Report $933.75 Page 22 1611A2 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 April 18, 2019 do Severn Trent Services File No: 6176-001M 210 N. University Dr. Suite 702 Statement No: 51 Coral Springs FL 33071 Attn: Justin Faircloth Gen Rep SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $1,896.25 Fees Hours 02/05/2019 GLU Review and respond to email correspondence from Chairman on TQ matter; Telephone conference with Chairman 0.50 162.50 02/11/2019 GLU Research and draft assumption of risk language for water use rules; Exchange email correspondence with Chairman on same; Draft email correspondence to Peter Rietz on modification to use agreement and language to be added to rules 1.00 325.00 02/12/2019 GLU Telephone conference with Peter Rietz on Use Agreement matters; Draft revisions to agreement per call; Draft email correspondence to Peter Rietz; Draft email correspondence to Chairman on status of discussions; Review and respond to email correspondence from Chairman 0.70 227.50 02/13/2019 GLU Review email correspondence from Peter Rietz regarding revisions to use agreement; review same and analyze changes; Draft email correspondence to Chairman on same. 0.75 243.75 GLU Brief review of agenda for Board of Supervisors meeting 0.20 65.00 02/14/2019 GLU Review and respond to email correspondence from Chairman on use agreement; Review issues on revisions 0.50 162.50 ARF Review indemnity language in proposed agreement; discuss same with G. Urbancic. 0.40 190.00 02/24/2019 GLU Review and respond to email correspondence from Justin Faircloth on L&W additional work; Review existing contract and proposed amendment 0.30 97.50 02/25/2019 CT Review indemnity provision and email correspondence with G. Urbancic re: related issues; 0.40 120.00 GLU Review and respond to email correspondence from Peter Rietz on agreement and rules; Review and respond to email correspondence from Chairman; Telephone conference with Peter Rietz; Review issues from Page 23 Peter Rietz and draft revisions to agreement; Draft email correspondence to 1611A2 Page: 2 Heritage Bay CDD April 18, 2019 File No: 6176-001M Statement No: 51 Gen Rep Hours Peter Rietz with proposed language 1.00 325.00 02/26/2019 CT Work on indemnity issues; 0.30 90.00 AMK Work on amendment to Lake Management Agreement. 0.10 12.50 GLU Review revised language from Peter Rietz; review same. 0.30 97.50 02/27/2019 AMK Continue working on Lake Maintenance Agreement Amendment. 0.60 75.00 02/28/2019 GLU Revise and finalize draft amendment to L&W contract; Draft email correspondence to Justin Faircloth regarding regarding amendment to L&W contract; Review email correspondence from Justin Faircloth on revisions 0.50 162.50 03/12/2019 GLU Review email correspondence from Peter Rietz; Conference with Alex Figares on indemnity language; Review and work on revised language; Draft email correspondence to Peter Rietz on revised language; Draft email correspondence to Chairman on revised language 1.25 406.25 03/13/2019 ARF Discuss indemnity provision language with G. Urbancic. 0.80 380.00 GLU Exchange multiple email correspondence with Chairman on use agreement language and lake matters; Review issues relating to same. 1.00 325.00 03/15/2019 GLU Telephone conference with Peter Rietz on lake rules matters; Exchange email correspondence with Chairman on lake matters; Review email correspondence from Peter Rietz on revised rules; Draft email correspondence to Chairman on same; Prepare redlined version for review; Draft email correspondence to Chairman on redlined version; Draft summary of potential issues for lake transfer; Draft email correspondence to Chairman on same; Review and respond to email correspondence from Peter Rietz 2.00 650.00 03/17/2019 GLU Review and respond to email correspondence from Chairman on summary for potential lake transfer; Review text and incorporate into transfer issue summary 0.75 243.75 GLU Review email correspondence from Peter Rietz regarding rules and use agreement; Review same and compare to prior versions; Draft email correspondence to Peter Rietz on corrections needed; Review and respond to email correspondence from Chairman on use agreement and rules; Review multiple email correspondence from Peter Rietz on revised version; Review email correspondence from Peter Rietz and Chairman regarding use agreement additional revisions from HOA lawyer 0.75 243.75 03/18/2019 GLU Review and respond to email correspondence from Peter Reitz on additional revisions to use agreement; Prepare comparison; Exchange email correspondence with Chairman on revisions; Draft email correspondence to Peter Rietz on language revisions 0.60 195.00 03/20/2019 GLU Review and respond to email correspondence from Chairman on final lake documents 0.10 32.50 03/21/2019 GLU Review email correspondence from Chairman on LWM amendment and review amendment for changes; Telephone conference with Justin Faircloth; Draft revised amendment; Draft email correspondence to Justin pa 24 Faircloth on same. ;,` 0.2b 81.25 1611A 2 Page: 3 Heritage Bay CDD April 18, 2019 File No: 6176-001M Statement No: 51 Gen Rep Hours GLU Brief review of agenda for Board of Supervisors meeting 0.25 81.25 03/24/2019 GLU Review and respond to email correspondence from Peter Rietz on language on indemnity 0.20 65.00 03/25/2019 GLU Review and respond to email correspondence from Chairman on update regarding rules, etc. 0.25 81.25 03/28/2019 GLU Review and respond to email correspondence from Peter Rietz. 0.10 32.50 Professional Fees through 04/18/2019 15.85 5,173.75 Total Current Work 5,173.75 Payments Total Payments Through 04/18/2019 -1,446.25 Balance Due $5,623.75 Page 25 1611A2 o � 500 West Fulton Street Invoice Sanford,Florida 32771 Phone:407.322.6841 Justin Faircloth March 15,2019 Heritage Bay Community Development District Project No: H13612 C/O INFRAMARK Invoice No: 113760 210 N.University Drive Suite 702 Coral Springs,FL 33071 Lake 30A Boat Launch 10154 Heritage Bay Blvd Naples,FL 34120-Collier County Professional Services through February 17.2019 Fee Percent Previous Fee Current Fee Billing Phase Fee Complete Billing Billing Preliminary Design 4,900.00 100.00 0.00 4,900.00 Final Design 8,800.00 50.00 0.00 4,400.00 Permitting 6,000.00 0.00 0.00 0.00 Total Fee 19,700.00 0.00 9,300.00 Total Fee 9,300.00 Reimbursable Expenses Communications 8.00 Total Reimbursables 8.00 8.00 Unit Billing Black&White Plots 24X36 10.56 Total Units 10.56 10.56 Total this Invoice $9,318.56 Services provided this period include: Preliminary design;review alternative configurations and redline plans. Final plan preparation CPH,Inc. �� �Llf (Irr'/Li Page 26 w w w . c p h c o r p . c o m 1611A2 Unbilled Detail Monday,March 18,2019 5:46,22 PM CPH,Inc. As of 2/17/2019 Billing Employee! Hours/ Billing Billing Labor Status Dale Reference Description Units Rate Amount Category Project:H13612 Heritage Bay-Lake 30A Boat Launch Phase Number:XXP Expenses Principal Name:Satfleid,Jeffrey Expenses: B 2/17/2019 000000206399 Jeffrey M.Satfield Cell Phone(2/22/19) 8.000 Total for 8.000 Total Billable Expenses 8.000 Total Expenses 8.000 Units: B 2/10/2019 000000000317 Ft.Myers 8:6 6.0 24X36PIots @ 0.96 6.00 .960 5.760 B 2/10/2019 000000000317 Ft.Myers B:6 5.0 24X36PIots @ 0.96 5.00 .960 4.800 Total for 11.00 10.560 Total Billable Units 11.00 10.560 Total Units 11.00 10.560 Total for XXP 11.00 18.560 Page 27 1611A cp1 500 West Fulton Street Invoice Sanford,Florida 32771 Phone:407.322.6841 Justin Faircloth April 0,2019 Heritage Bay Community Development District Project No: H13$12 C/O INFRAMAl K Invoice No' 113823 210 N.University Drive Suite 702 Coral Springs,FL 33071 Lake 30A Boat Launch 10154 Heritage Bay Blvd Naples,FL 34120-Collier County Professional Services through March 17,2019 Fee Percent Previous Fee Current Fee Billing Phase Fee Complete Billing Billing Preliminary Design 4,900.00 100.00 4,900.00 0.00 Final Design 8,800.00 56.40 4,400.00 563.20 Permitting 6,000.00 0.00 0.00 0.00 Total Fee 19,700.00 9,300.00 563.20 Total Fee 563.20 Total this Invoice $563.20 Outstanding Invoices Number Date Balance 113760 3/15/2019 9,318.56 Total 9,318.56 Services provided this period include: Project status,management and design coordination;administraterhilling coordination CPH, Inc. � i! r • rJc - 1 Page 28 x;' u' n h r o r 1' . n r n N ) ci4 Will E N ca CD a a r0 a C N C N N *IMO CC d a0 0 <0 co O U N N W O S Oo O a I. 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W } . co 0. m co 2 CY d 0 4 0 a _J ❑ _ -i 2 U — o o. F F 1611A2 JennjjirJ. Edwards — Supervisor Elections April 18,2019 Ms Sandra Demarco 1, Heritage Bay CDD 210 N. Univeristy Drive Suite 702 Coral Springs, FL 33071 Dear Ms Demarco, In compliance with 190.06 of the Florida Statutes this letter is to inform you that the official records of the Collier County Supervisor of Election indicate 689 registered voters residing in the Heritage Bay CDD as of April 15,2019. Should you have any questions regarding election services for this district, please free to contact our office, Sincerely, CD." . V / David B.Carpenter Qualifying Officer Collier County Supervisor of Elections (239)252-8501 Dave.Carpenter@CollierCountyFl.gov /.rp��OF "-1>\\ Rev Dr Martin Luther King Jr Building•3750 Enterprise Avenue•Naples FL 34104 Phone:(239)252-VOTE•Fax:(239)774-9468•www.CollierVotes.com N13' 'oc9-' 16 11A 2 0 INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 05/21/19 — Field Management Report www.inframarkims.com Inspected on:5/21/19 by:Tim Hall 16I1A2 : 1. Lake Management The water levels are quite a bit lower than the last visit a month ago due no doubt to the lack of rain this month. No flow issues with the stormwater system were noted. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. a. Algae on Lakes: Low density of algae on lakes 3,6,9, 11, 12, 15, 18, 23, 25,27,and 28. • Lake 9 Lake 23 b. Littorals: i. Alligator Flag in Lakes: None noted C. Rocks: No new issues observed. d. Weeds: Alligator Weed in Lakes: No new issues observed. Brazilian Pepper: No new issues observed. Cattails in Lakes: No new issues observed Climbing Hemp Vine in Lakes: No issues observed. Dollar Weed in Lakes: No issues observed. Hydrilla in Lakes: Patch of hydrilla observed in Lake 19. of • . Lake 19 Inframark Monthly Management Report 1 1611A2 Illinois Pond Weed in Lakes: Pondweed levels seemed reduced from previous(4/30) visit. Lakes 4, 5,6,7,8, 11, 14,15, 16, 19,20,30A and 30B. 1,""*! `J • _ , YEAS *� Lake 5 Lake 30A Palms on Lake Banks: Palm mistakenly removed by Lake &Wetland Management on the south bank of lake 19 in the lagoon area west of the bridge.The vendor is willing to replace the palm if desired. ' ... ra+-...,. ._��'•...«.. .mss' �m` Ca Red Ludwigia in Lakes: Noted in Lake 1, 2, 6,and 7. tII j 11 { ;I rS mei -a " t'fit' . Lake 7 Sedges in Lakes: No issues observed. Inframark Monthly Management Report 2 1611A2 Spatterdock/Lily Pads in Lakes: Nymphaea noted in Lake 3. I k s ,i0A Torpedo Grass in Lakes:. In small amounts around lakes 1,4,5,9, 11, 16, 19, 21, 24,27& 30A-B. A 4. ,ra 4,f 4 7. a4i`�"� Lake 4 Lake 16 Lake 30 B south littoral area becoming very infested with torpedo grass 1,14g14:1•4#'441-.fl:F�"v im. 413:?- U v 4 ZJ4etlSyr ' �F.?Yy-tl � i r'1N i t :„.4^Ett5^.i4r!a...:47-pi 1,;mi 1 Inframark Monthly Management Report 3 1611A2 Various Submerged weeds in Lakes: Minor Bladderwort noted in Lakes 2 and 3. e. , Trash in Lakes: Branches noted in Lake 4,and palm fronds noted in Lake 20 Lake 4 Lake 20 Grass clippings from the golf course apparent in various areas all over the stormwater system and will likely end up in the lakes. 0► • , t e. Bulkheads: No new issues observed. f. Clippings in Lakes: No new issues observed. Inframark Monthly Management Report 4 1611A2 2, Lake Bank Erosion Lake 20:Additional rock has been added around two pipes on lake 30A by QE as requested to fill voids in the rock. 4„ m r ,.';''''''''';',.4141:: 1 iirTrz h :. `�.Y - IWam :. a, / it '� MI Lake 20: Northwest corner under construction but only partially completed. Sink hole observed on the west bank south of the tee boxes and repaired by Copeland Southern Enterprises, Inc.at no charge. W ' ,. _ - 1 15*.i. .. . t Ae A '... -"-yt-' r Y +M�.pm w 0r x ,ytt, 1^„. ` ti ¢ � ij , ;,)„,, , Aify x ' -, z Inframark Monthly Management Report 5 1611A2 Lake 6: Regrading of west bank near north end of lake. New rock on north bank with very high ratio of fine material. May be a turbidity issue when rains start. ^• , ,, 3 T 4 .' til t Y-+M s Lake 10: Pipe exposed along east shore north of Hole#3 Tees. Regraded bank at south end of lake V '•ue k 4, '-y, ',' r � - 'i.' .paw ��M n. Yu. K+nva l'-^ irfi,i "•. tis _ 1 ,iii" „`4' 44 ,rr : ,yz a k.1,,.4.177‘ rs., �Sfa .n V,,�' r PYC' = :t,Z' j ,-..7,w:ft x ' 'ear .' „7 4 x ,rte '"L '`'4V fi» : a Yc r... —Z.-417. , . �:J�kw"��'Fc9„ tid�.. ;�s.X 33i+s''^ ax Lake 4:Some bank regrading done where pipes have been repaired leaving the appearance of gaps.These areas can be repaired in future erosion repair projects as littorals were just planted on this lake. r,x,:,"- T Inframark Monthly Management Report 6 1 6 I 1 A 2 Lake 5: The remaining dam built during the process to lengthen the pipe coming from the control structure in the southeastern portion of the lake has been removed by QE as requested. 3 3 x x Lake 5: Drain pipe repairs from hotwire installation apparent along east bank. Need to keep monitoring into rainy season. ,.r7;47A AKA •�K4Rt x '•4� ♦-*, r•an. -370 y.Jt .;+.S.=i o,X K!, ,C.i +.2.e..., a�..9:r -+ ]e..fiR +W'I" .,,3►,.�y`r Lake 5: Erosion noted on east bank north and south of control boxes midway down fairway and may indicate potentially blocked pipes. +SAI z" *4. _ f £ -. N E 4e1 .Y * Ya' r r t V'4' 3. Storm Drainage System Control Structures: Inframark Monthly Management Report 7 1611A2 i. Basin 1: Control Structure L3/L10 was not flowing. ii. Basin 2: Control Structure L6/L20 was not flowing. Control Structure L12/L20 was not flowing. iii. Basin 3: Control Structure L25L30 was not flowing. iv. Basin 4&5: Control Structure L28/L30 was not flowing. v. Basin 6: Control Structure L30/C0003 not flowing.Work almost complete of rip-rap along eastern shoreline. 0 17 ` 4„ "C`-Y, ii.r:Feu -,AVM • ' bra ° `; '*` , ,� Control Structure L30/C0002 was not flowing.Work completed at structure but some of littoral area filled in. New design of skimmer with wider opening should allow passage of more water during flood events. 4`..4-10... ' c ' ,.Aa s ,• r ,•44,—,.... 5't�`". : -4,,�� w New Skimmer Old Skimmer Inframark Monthly Management Report 8 1611A2 r � ',,abs, ` , eat; � Fill in littoral area ' . Drains: No major issues observed. Roadway Catch Basins: No issues observed. Catch Basins: No new issues observed. j' . Inter-Connect/Drain Pipes: Very low water levels exposing some pipes,this situation could lead to minor erosion underneath the pipes. s * ; a ' r: f< % 4 ' 401.Mt..-;,‘"*._ 'Vcelt.' , ..''' -- *.4".',Att, '1" , . .,.: .•.i.„ 4 st Illicit Discharges: No issues observed. Lake Drainage Pipes: No new issues observed 4. Fish/Wildlife Observations: ® Bass n Bream [ I Catfish N Gambusia ❑ Egrets ❑ Herons ❑ Coots 7 Gallinules ❑Anhinga ❑Cormorant ❑ Osprey n Ibis Woodstork Otter ®Alligators GC Snakes ®Turtles ❑Other: 5. Residential Complaints/Concerns: None reported. Inframark Monthly Management Report 9 1611A2 6. Non-CDD Issues: Leaking pipe noted last month in grass area next to Lakes 28 and 30A under repair. 4 n, 4 -ra4 ,�� ' " #014V. ,,f�� � � ,.5,.^Y, '`�"� '-r'�,,..,a �a� .r. � .vy�t t`� �y r �+ � `^R�iF`.5�s�. ��K���°�� t �s�} > 9 y� •i j • Inframark Monthly Management Report - 10 1611A2 MINUTES OF MEETING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held on Thursday, June 6, 2019 at 9:00 a.m. in the Heritage Bay Clubhouse, 10154 Heritage Bay Boulevard,Naples,Florida. Present and constituting a quorum were: Edwin Hubbard Chairman John May Vice Chairman Jack Arcurie Assistant Secretary Dennis Gagne Assistant Secretary Donna Hunter Assistant Secretary Also present were: Justin Faircloth District Manager Albert Lopez CPH John Morales CPH Gonzalo Ayres Lake&Wetland Management Alonso Wiener Lake&Wetland Management Resident The following is a summary of the actions taken at the June 6, 2019 Heritage Bay Board of Supervisors meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Faircloth called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of Agenda • Additional meeting documents were distributed. On MOTION by Mr. May seconded by Ms. Hunter with all in favor the agenda was approved. 1611A2 June 6, 2019 Heritage Bay CDD THIRD ORDER OF BUSINESS Public Comments on Agenda Items • None FOURTH ORDER OF BUSINESS Engineer's Report A. Project Summary i. Lake Bank Restoration Project Update • Staff provided an update on the project. • The Board authorized all invoices from Irrigation Specialists to be paid. ii. Q.E.Open Items for Completion • Staff provided an update on projects. B. SE Bridge Quadrant Repair Update i. Communication to Homeowners • Communication to homeowners regarding the work was sent; no comments received back. C. Clubhouse Dry Retention Modification Update • This item will be discussed later in the meeting. D. Verendas V Recommended Outfall Improvements • Mr. Hubbard provided an update on results from CPH on gutters and outfall discharge. SIXTH ORDER OF BUSINESS Lake & Wetland Management Monthly Inspections and Service Reports • The April and May Lake & Wetland Inspection and Service Reports were reviewed. A. Project Updates i. Cypress Tree Trimming Status • Mr. Ayres provided an update on the Cypress Tree trimming. ii. Littoral Plantings Status Lakes 1,3,4,5,6,and 29 • Mr. Ayres reported planting is almost completed with the exception of some Spikerush and Pickerelweed. Plantings on Lake 4 and 5 were delayed due to construction. iii. Palm Tree Trimming Status • Discussion ensued with regard to the Palm Tree mistakenly removed and whether to replace or use the tree credit for littorals. Mr. Hubbard will confirm with the Club that they do not wish to have the Palm Tree replanted. 2 16I1A2 June 6, 2019 Heritage Bay CDD iv. Bathymetric Survey Results Lake 30B • Mr. Ayres noted the report is expected next week. • General landscape maintenance was addressed. The record will reflect Mr.Ayres and Mr. Wiener left the meeting. FOURTH ORDER OF BUSINESS Engineer's Report(continued) E. CPH April 16'& 17th Water Testing Results • The CPH summary report for the April 16th and 17th water testing results was discussed. • The Board requested CPH indicate acceptable ranges on the various graphs for future water testing reports. C. Clubhouse Dry Retention Modification Update • Mr. Lopez provided an update on the project including the addition of parking spaces. Discussion ensued. FIFTH ORDER OF BUSINESS Attorney's Report A. 30A/30B Boating Regulations & Right of Use & Indemnification Agreement • The 30A/30B Boating Regulations and Agreement for Right of Use and Indemnification among the Quarry Community Association; Heritage Bay Golf and Country Club; Heritage Bay Community Development District; and Heritage Bay Umbrella Association has been executed and will be sent to the County for processing. B. ADA Compliance Recommendations • The memo from District Counsel regarding ADA applicability as it relates to government websites was reviewed. • Discussion ensued with regard to ADA Website Compliance Standards. • It was recommended the Board allow for funds within the budget to make the website ADA compliant. • There was agreement to minimize the amount of information available on the website to be in compliance. 3 1611A2 June 6, 2019 Heritage Bay CDD SEVENTH ORDER OF BUSINESS FY 2019 Lake Bank Restoration Activities Update A. Copeland Southern Enterprises,Inc. • Proposal from Copeland Southern to replace an existing clogged drain on the south bank of Lake 4 was discussed. On MOTION by Mr. Hubbard seconded by Mr. Gagne with all in favor the Copeland Southern proposal for Lake 4 swale 22 inch catch basin and drain installation in the amount of$7,575 was approved. B. Verandas IV Outfall Improvements C. Terraces I& II Update D. Hotwire Issues • An update on the projects was provided. • The check was received from Terraces II to repair the lake bank damages their vendor caused. The contracts for Terraces I&II repairs as approved by the Board at the February 14, 2019 meeting will now be sent to Copeland Southern to complete. EIGHTH ORDER OF BUSINESS Old Business • None NINTH ORDER OF BUSINESS New Business A. Consideration of Resolution 2019-2 Approving the Fiscal Year 2020 Budget and Setting a Public Hearing • The proposed fiscal year 2020 budget was reviewed and the following changes made: Y Administrative — PR-Board of Supervisors — decreased from $12,000 to $9,000 ➢ Administrative — ProfServ-Legal Services — increased from $10,000 to $13,000 Y Administrative—Insurance— General Liability—decreased from $15,389 to$9,389 Y Administrative—Misc—Web Hosting—increased from$773 to $6,773 4 16I1A2 June 6, 2019 Heritage Bay CDD On MOTION by Mr. May seconded by Mr. Hubbard with all in favor Resolution 2019-2 approving the budget as amended for fiscal year 2020 and setting a public hearing on September 5, 2019 at 9:00 am. in the Heritage Bay Clubhouse was adopted. TENTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of the April 26,2019 Meeting Mr. Faircloth stated each Board member received a copy of the April 26, 2019 meeting and requested any additions,corrections or deletions. On MOTION by Mr. May seconded by Mr. Arcurie with all in favor the minutes of the April 26, 2019 meeting were approved. B. Acceptance of Financials • The financials for the period ending April 30,2019 were reviewed. On MOTION by Mr. Arcurie seconded by Mr. May with all in favor the April 30, 2019 financials were accepted. C. Report on the Number of Registered Voters(689) • A report from the Collier County Supervisor of Elections indicated there were 689 registered voters within the District as of April 15,2019. D. Field Manager's Report • The Field Management Report for site inspection conducted on May 21,2019 was reviewed. E. Follow Up Items i. FEMA Update • To date there is an obligated amount of$44,179.19 on expenses of about$50,000 which is a good reimbursement rate. Funds are expected within the next two weeks. • Discussion ensued with regard to reimbursement of hurricane related expenses. ii. M.R.I.Stormwater System Cleanout Update • Completion scheduled for the week of June 24`h. 5 16I1A2 June 6, 2019 Heritage Bay CDD iii. Homeowners Concerns • It was determined concerns from homeowners regarding Lake 30A were not a result of Q.E.work. ELEVENTH ORDER OF BUSINESS Supervisors'Reports,Requests and Comments • Mr. May commented on having a discussion on communication to the Quarry. TWELFTII ORDER OF BUSINESS Chairman's Comment • Mr. Hubbard commented on the Eco Harvester; pondweed in the lakes; and communication with the Quarry. • The next CDD meeting is scheduled for August 1,2019. THIRTEENTH ORDER OF BUSINESS Audience Comments • None FOURTEENTH ORDER OF BUSINESS Adjournment On MOTION by Mr. May seconded by Mr. Arcurie with all in favor the meeting was adjourned at 11:42 a.m. t stin aircloth Edwin Hubbard /Secretary Chairman 6 16I1AZ Heritage Bay Community Development District Board of Supervisors o Edwin Hubbard,Chairman ❑Justin Faircloth,District Manager o John May,Vice Chairman o Gregory Urbancic,District Counsel o Dennis Gagne,Assistant Secretary u Jeffrey Satlield,District Engineer o F.Jack Arcurie,Assistant Secretary Donna Hunter,Assistant Secretary Regular Meeting Agenda August 1,2019-9:00 a.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Engineer's Report A. Project Summary i. Lake Bank Restoration Project Update ii. Q.E. Open Items for Completion iii. Clubhouse Dry Retention Modification Update iv. Veranda 5 Project Update-Installation of Outfall Improvements 5. Attorney's Report A. FEMA Update&Appeal 6. Lake & Wetland Management Monthly Inspections and Service Reports A. Project Updates B. Bathymetric Survey Maps 7. Old Business A. Website &ADA Compliance 8. New Business A. Veranda VI ARC Request 9. Manager's Report A. Approval of the Minutes of the June 6, 2019 Meeting B. Acceptance of Financials C. Fiscal Year 2020 Tentative Budget D. Acceptance of Fiscal Year 2018 Audit E. Discussion of Fiscal Year 2020 Meeting Schedule F. Field Manager's Report 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 1611A2 August 1,2019 Agenda Heritage Bay CDD G. Follow Up Items i. M.R.I. Stormwater System Cleanout Update ii. 2019 Lake Bank Restoration Update 10. Supervisors' Reports, Requests,and Comments 11. Chairman's Comment 12. Audience Comments 13. Adjournment The next meeting is scheduled for September 5,2019 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 16I1A2 kttSouth Florida Water Management District -�+�,� Individual Environmental Resource Permit No.11-101685-P o'P �,6 g Date Issued:July 11,2019 Permittee: Heritage Bay Golf&Country Club, Inc 11691 Gateway Blvd Fort Myers, FL 33913 Project: Heritage Bay Golf And Country Club Clubhouse Expansion Application No. 190617-9 Location: Collier County, See Exhibit 1 Your application for an Individual Environmental Resource Permit is approved. This action is taken based on Chapter 373, Part IV, of Florida Statutes (F.S.) and the rules in Chapter 62-330, Florida Administrative Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water quality standards under section 401 of the Clean Water Act, 33 U.S.C. 1341,and a finding of consistency with the Florida Coastal Management Program. Please read this entire agency action thoroughly and understand its contents. This permit is subject to: . Not receiving a filed request for a Chapter 120, F.S., administrative hearing. . The attached General Conditions for Environmental Resource Permits. . The attached Special Conditions. . All referenced Exhibits. All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting. If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the"Notice of Rights", we will assume that you concur with the District's action. The District does not publish notices of action. If you wish to limit the time within which a person may request an administrative hearing regarding this action, you are encouraged to publish, at your own expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation in the county or counties where the activity will occur. Legal requirements and instructions for publishing a notice of agency action, as well as a noticing format that can be used, are available upon request. If you publish a notice of agency action, please send of a copy of the affidavit of publication provided by the newspaper to the District's West Palm Beach office for retention in this file. If you have any questions regarding your permit or need any other information, please call us at 1-800-432-2045 or email ERP(asfwmd.gov. Ricardo A.V- -. Bureau C• e/•, onmental Resource Bureau / 1611A2 Federal Emergency Management Agency FEMA-4337-DR-FL Florida Recovery Office 6021 South Rio Grande Ave. :�■*w„.- Orlando,F132809 ._.. 4�,, FEMA i June 11,2019 Mr.Jared Moskowitz,Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee,FL 32399-2100 Mr.Justin Faircloth Heritage Bay Community Development District 5911 Country Lakes Drive Fort Myers,FL 33905 Re:FEMA Public Assistance Eligibility Determination-Heritage Bay Community Development District,PA ID 021-UAQL3-00,FEMA-4337-DR-FL,Project 25524 Dear Mr.Moskowitz and Mr.Faircloth: The Department of Homeland Security's Federal Emergency Management Agency(FEMA)has determined that the facility is ineligible for Public Assistance funding. Please see the enclosed FEMA Public Assistance Determination Memorandum for detailed information. Under the Robert T.Stafford Disaster Relief and Emergency Assistance Act and applicable regulations,the Heritage Bay Community Development District(Applicant)is entitled to appeal this eligibility determination. The Applicant may appeal this determination to the FEMA Region 4 Regional Administrator pursuant to 44 CFR§206.206. The appeal must:(1)contain documented justification supporting the Applicant's position,(2)specify the monetary figure in dispute,and(3) cite the provisions in federal law,regulation,or policy with which the Applicant believes the initial action was inconsistent. The Appiicant should also include a current email address to receive electronic correspondence. An appeal must be submitted to the Florida Division of Emergency Management(Recipient)by the Applicant within 60 days of the Applicant's receipt of this letter. The Pass-Through Entity transmittal of that appeal,with a written recommendation,is required to be submitted to Region 4 within 60 days of receiving the Applicant's letter. Lastly,as FEMA will not accept additional information after issuance of the Regional Administrator's first appeal decision,the Applicant must submit all relevant supporting information with its first appeal. 7" , www.fema goy 16I1A2 Mr.Moskowitz and Mr.Faircloth June 11,2019 Page 2 If you have any questions,please contact Allison McLeary,Florida Division of Emergency Management Appeals Officer,850-815-4417 or email Allison.Mcleary em.myflorida.com. Sincerely, Angela Gillman Green Infrastructure Branch Director Federal Emergency Management Agency FEMA 4337-DR-FL Enclosures: FEMA PA EIigibiIity Determination Memorandum 1611A2 ELIGIBILITY DETERMINATION MEMORANDUM Heritage Bay Community Development District FEMA-4337-DR-FL PA ID 021-UAQL3-00 Applicant D State Agency ® Local Government 0 Tribe 0 Private Nonprofit Type Grants Manager:Only fill out this section if the EMMIE:Only Jill out this section if the project project is in Grants Manager. worksheet is in EMMIE. Project No. 25524 EMMIE Project 03780 Worksheet No. Version No. 0 Version No. NA EMMIE Project $239,208.88 Damage Cost Inventory No. 39142!39143 Total Amount Obligated NA Project Title Rip-Rap ® Large Category of Project Size ❑ Small(Potentially subject to Work C Roads and Bridges Net Small Project Overrun appeal) Issue(s): Community Development District Facilities Not Open to the Public Amount at 0 Applicant Eligibility Issue $1,595,845.01 Eligibility Issue El Facility Eligibility Amount $1,595,845.01 Type(s) ❑ Work Eligibility Denied 0 Cost Eligibility Issue Community Development District Keyword(s) Facilities Not Open to the Public Project Description: Hurricane Irma caused strong winds,torrential rain and tidal surge which resulted in extensive damage throughout Florida. The incident period is September 04,2017,through October 18, 2017. The widespread damage resulted in a major disaster declaration(FEMA-4337-DR-FL)on September 10,2017. This disaster declaration,as amended,authorized Public Assistance(PA) in all Florida counties Heritage Bay Community Development District (Applicant) is an eligible applicant under the FEMA PA Program as a special district established by State law,a local unit of government. Hurricane force winds and heavy rain resulted in elevated lake levels which caused flooding and shoreline erosion within the Heritage Bay Community. The flooding caused rip rap to wash away into two(2)retention ponds(Lake 30A and Lake 30B). The lakes' geo-tech fabric lining under the rip rap shoreline armoring was also damaged. The damaged water control facilities,located at 10154 Heritage Bay Boulevard,Naples,FL 34120,is within a gated community with controlled access. Entrance into the community is through a gated guard house. Heritage Bay Golf& Country Club.pdf Residents of the community are issued membership cards and must carry the cards at all times. 10.18.18 HBGCC Rules and Regulations.pdf. The Heritage Bay Community is not open to the general public. Page I of4 16I1A2 FEMA originally validated project costs in the amount of$239,208.08. The Applicant submitted additional documentation requesting FEMA PA reimbursement of$1,595,845.01 for completion of rip rap and geo-tech fabric lining repairs. The Applicant utilized contractors to restore the facility back to predisaster design,function,and capacity within the existing footprint. The scope of work for this project is part of a larger lake restoration project that includes work not related to the disaster damage. Project#25524 Lakes 30A and 30B Repairs DI Number 39142 Repairs-Lake 30A Costs 1,127 LF x 20 ft.width $528,753.65 Rip Rap depth-2.0 ft. Mitigation- 1,127 LF $231,278.98 Keyway dimensions— 10 ft.x 4ft.x 6ft.trapezoidal DI Number 39143 Repairs-Lake 30B -� 1,246 LF x 20 ft.width $584,080.35 Rip Rap depth-2.0 ft. Mitigation- 1,246 LF $251,732.03 Keyway dimensions— 10 ft.x 4ft.x 6ft.trapezoidal Total $1,595,845.01 Issue: Are the facilities eligible for reimbursement considering they are owned by a community development district and not open to the public? Applicable Law,Regulations,and FEMA Policy The Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1988,Pub.L.No. 93-288(Stafford Act): §102(10)(C),42 U.S.C.5122—Public Facility "Public facility"means the following facilities owned by a State or local government;Any other public building,structure,or system,including those used for educational,recreational,or cultural purposes. §406(a)1(A)42 U.S.C.5172—Repair,Restoration,and Replacement of Damaged Facilities (a)Contributions-- (1)In General,-- (A)to a State or local government for the repair,restoration,reconstruction,or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government. Page 2 of 4 16I1A2 Title 44 of the Code of Federal Regulations(C.F.R.)October 1,2016: §206.221(h)Public Facility Public facility means the following facilities owned by a State or local government: any flood control,navigation, irrigation,reclamation,public power,sewage treatment and collection,water supply and distribution, watershed development,or airport facility; any non-Federal aid, street, road,or highway; and any other public building, structure, or system, including those used for educational,recreational,or cultural purposes;or any park. FEMA Public Assistance Program and Policy Guide.FP-104-009-2(April 2018)(PAPPG): CHAPTER 2:Public Assistance Program Administration,Section III: Facility Eligibility (A)Public Facility An eligible public facility is one that a State,Territorial,Tribal,or local government owns or has legal responsibility for maintaining, including any... Flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development,or airport facility. When a facility maintained by a Community Development District is not open to the general public or does not provide a service to the public,the facility is not eligible. Analysis: Facility Eligibility-Are the facilities eligible for reimbursement considering they are owned by a Community Development District and not open to the public? FEMA,pursuant to its delegated authority,may make contributions to a local government for the repair,restoration,reconstruction,or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by that government. Stafford Act§ 406(a)(I). FEMA has determined Heritage Bay Community Development District to be an eligible applicant that may receive contributions. Here,however,FEMA must determine whether the facilities are eligible facilities for PA funding. When a facility maintained by a Community Development District is not open to the general public or does not provide a service to the general public,the facility is not eligible. PAPPG,at Chapter 2,Section III,A,p. 15. In this case,the damaged water control facilities are located within a gated community with controlled access. Entrance into the Heritage Bay Community is through a gated guard house, Heritage Bay Golf& Country Club.pdf. Residents of the community are issued membership cards and are required to carry the cards at all times. 10.18.18 HBGCC Rules and Regulations.pdf The Heritage Bay Community does not allow access to the general public. The Applicant's facilities are not open to the general public and therefore,are not eligible for PA funding. The Applicant's total loss for the project is$1,595,845.01. FEMA finds the $1,595,845.01 cost associated with this project to be ineligible for FEMA PA reimbursement. Page 3 of 4 16I1A2 Eligibility Determination: 0 Partially Approved ®Denied Notice of Right to Appeal: The Applicant may appeal this determination to the Regional Administrator,pursuant to Title 44 of the Code of Federal Regulations§206.206,Appeals. If the Applicant elects to file an appeal,the appeal must: 1)Contain documented justification supporting the Applicant's position; 2)Specify the monetary figure in dispute;and 3)Cite the provisions in federal law,regulation,and/or policy with which the The appeal must be submitted to the State by the Applicant within 60 days of its receipt of this determination. The State's transmittal of that appeal,with the State's recommendation,is required to be submitted to The FEMA Regional Administrator's office within 60 days of the receipt of the Applicant's letter. Preparation and Review: Preparer:Patricia Johnson,PA Policy Advisor Signature: /L ,(a,/ 1/rrizk&7r1 Date: J Jkiriz / Office of Chief Counsel Reviewer: David Russo,Attorney Advisor Signature: / , -� _ Date: G •7'j/ Approval: PA Management:Angela Gillman,Infrastructure Branch Director Signature: \� 1'a�l Date: Page 4 of 4 16I1A2 }OR c , { BOULDER LAKE AVERAGE DEPTH '..Feet : Bathymetric Map ESTIMATED VOLUME 5,1 IA ie feet 1 GollierCounty, FL. 0 250 500 r �e� GPS and SonarSurvey June 13.2019 et , , \. .jj Lowrance Me•Cator .�. \ < $s+ r f ..++ r.� i .4 t 5 i. J) '. _ .}' V.i `"k.✓� ma, 9D :a s€-` r �. (f - W m '.4• 3E ,t, ;F'§ YS Y, •,,-,-- .7 Y;. ,1•i �t1¢¢! e sY",. s ,:iY , i ,_ :,1 t rr' '11 �, ,,,, n •x 1 I, �It r,' r; 13 61 •• 9 w °1 1i t tr is Tl ., '1w.t�: 51 • /A�//1�„2.1 9'i ,;,,F D . 1' t ?1,,A ems' . • dl .. in '1 T •1. .-.4P 11 ;: Sam • S11 41 I(. Ir.: +sitY • • • s • 1 'k7 :;w nve ., �,. ,+ :yea. . , 4 pS r.. 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Q(' 4 , IZZ 31 30;0 4013 0 'X '''‘13-',"°,10.3.,54.ffi 231 GI 4l' 44' ,a t1J ffi L7.430 - m ' i % rya 3 00 I.ff, 'm12• ` fl RJ t3 ° ,2 ;5d ,4110 i s 3 1r3 FIs 3 ,s 14 I 3 © ffl 5 l t♦J 15 5E X Xt w,h Sjt t • .-,Z 15. Illi 51� CU f2Cf z-y�ae�:18 !h,• i, II - 47 `1 e!".7-',t 1 ,B"'•" ,o.' '}l <fil Ill , IN \2 IN z s fen 051 ,t, la 31 til sb $ .A SX 'i3 tib. t3 XX • 3..., •Hard �: 1611A2 MEMORANDUM TO: Gregory L.Urbancic,Esq. FROM: Alton M.Kuhn,Esq. DATE: June 4,2019 RE: ADA Website Compliance Standards I conducted a brief review of the law regarding ADA applicability as it relates to government websites. To the extent the Board would like us to perform more extensive research on the issue, we can do so. Question Presented 1: Does Title II of the Americans with Disabilities Act(ADA)apply to government websites? Brief Answer: In the absence of a definitive and binding court holding or regulations providing clarification on the issue,it appears Title II of the ADA applies to government websites.Title II of the ADA provides that no person with a qualified disability shall"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 such entity." 42 U.S.C. § 12132. To state a claim under Title II, a plaintiff must allege: "(1) that he is a `qualified individual with a disability;'(2)that he was`excluded from participation in or...denied the benefits of the services,programs,or activities of a public entity'or otherwise`discriminated[against]by such entity;' (3) by reason of such disability."See Shotz v. Cates, 256 F.3d 1077(11'h Cir 2013). Although websites are not expressly included in the language of the ADA,Federal Courts continue to hear cases related to ADA accessibility violations as they relate to government websites.The U.S.District Court of the Middle District of Florida referenced in Price v. City of Ocala, 2019 WL 1811418(M.D. Fla. 2019) and in Price v. Town of Longboat Key, 2019 WL 2173834 (M.D. Fla. 2019), the Department of Justice's stance on the applicability of Title II of the ADA to government websites. "Although the language of the ADA does not explicitly mention the Internet,the Department has taken the position that title II covers Internet Web site access.Public entities that choose to provide services through web-based applications(e.g.,renewing library books or driver's licenses)or that communicate with their constituents or provide information through the Internet must ensure that individuals with disabilities have equal access to such services or information, unless doing so would result in an undue financial and administrative burden or a fundamental alteration in the nature of the programs, services, or activities being offered. ... [A]n agency with an inaccessible Web site may also meet its legal obligations by providing an alternative accessible way for citizens 16I1A2 Page 2 of 2 June 5,2019 to use the programs or services,such as a staffed telephone information line."See Price v. City of Ocala. Question Presented 2: What must governmental entities do to ensure their websites are ADA compliant'? Brief Answer: There is a limited body of case law interpreting this issue and unlike the issue of whether Title II of the ADA applies to government websites,there is no guidance from the Department of Justice about what a government entity must do to make its website ADA compliant.Id Based on my research and our experience with lawsuits against community development districts, a large number of ADA website cases have been filed in the last two years. However,the reported decisions in these cases tend to deal more with the issue of whether the plaintiff has standing to bring a claim rather than the steps a governmental entity must take to ensure its website is ADA compliant. Standing: As stated above,there is little guidance on what a government entity must do to ensure its website is ADA compliant. However,there are best practices that have been recognized and are being implemented by many governmental agencies.Although the standing issue has been addressed more frequently,there is also little case law that discusses standing in Title II website cases as the majority of case law relates to Title III cases regarding websites for places of public accommodation. In Price v. City of Ocala,the Court stated that"it is undisputable that a Title II plaintiff must have Article III standing to state a justiciable claim." This means a plaintiff must have a concrete and particularized injury-in-fact,and a real and immediate threat of future harm to have standing to bring a Title II claim based on a governmental entity's website. 7 Lujan, 504 U.S. at 560, 112 S.Ct. 2130; Shotz. The Court in Price v. City of Ocala held that even if an ADA"tester"is able to demonstrate that it has suffered an injury in fact, (i.e. the inability to access information), due to a noncompliant website,they must also demonstrate a real and immediate threat of future harm. Suing a governmental entity to which a plaintiff has no ties or connection(i.e. does not live in or near and has no concrete plans to move to such location) has been classified as a"someday"threat and fails to satisfy the constitutional test for standing. It is important to note that despite the lack of concrete guidance regarding the requirements for website compliance under Title II of the ADA,the Court in Price v. City of Ocala stated that the type of information that is inaccessible should be considered when determining whether a plaintiff has standing to state a claim under Title II of the ADA. For example, the court mentioned that a photograph from 2015 may not be considered relevant in analyzing the alleged injury, whereas the same may not be said about inaccessible information regarding current government services. The court discussed this issue under the "standing"umbrella in an effort to determine whether an actual injury had occurred. Although not directly 1611A2 Page 3 of 3 June 5,2019 on point, it may provide some guidance as to what information should be prioritized when a governmental entity is updating its website to be ADA compliant. Recommendation: As stated above, the ADA itself does not mention specific web accessibility standards and currently, the only official standard for website accessibility applies to federal agencies. The standard requires agency websites,including careers pages,portals and applications,to be accessible to people with disabilities and conform to the Website Content Accessibility Guidelines 2.0 Level AA(WCAG 2.0 AA) standard, developed by W3C, an international consortium that develops web standards. As it is the only official standard regarding websites, the standard should, at the very least, be considered when a governmental entity updates its website in an effort to be ADA compliant. Until further clarification and guidance is provided by the courts or the federal government, we recommend compliance with the most current accessibility standards. Even with arguments on standing and the like,the cost of potential defense and the risk of having to pay the plaintiff's attorneys' fees strongly suggest a proactive approach in the litigious environment. Since 2018 nearly 2,000 ADA website cases have been filed in Florida alone. Although the above-referenced accessibility standards are not law,we believe adhering to such standards significantly reduces the risk of litigation. 1611A2 From:Edwin Hubbard [mailto:ehubbard@heritagebaycdd.com] Sent:Tuesday,June 18,2019 7:39 PM To: Michel Anderson<Michel.anderson@sympatico.ca>; Katherine Schneider <kbschneider2000@yahoo.com> Cc:Robert Staehle<roberts@golfheritagebay.com>;Faircloth,Justin<Justin.Faircloth@inframark.com>; Edwin Hubbard<ehubbard@heritagebaycdd.com> Subject:Verandas 6 ARC Patio Installation Request Katherine and Michel Our CDD District Manager and I have reviewed the request for a patio installation between the two garages for buildings 10299 and 10303 and unfortunately this patio would sit directly above a active street drain line from the street into the lake at the rear of the property. Additionally this area could be designated as a"easement area"and if so the addition of any new structures is not permitted to be installed within a casement area.Note:the picture provided by the Verandas 6 Association in the ARC application does show the drain inlet at the street. Before I can even consider a deviation from these obstacles, I would have to discuss this with my Board of Supervisors and we are not meeting until August 6. It is entirely possible, if my Board approves moving forward,that any deviation would require the Verandas 6 Board of Directors to sign a legal document recognizing that this structure sits over a active drain system (which is the responsibility of the CDD to maintain) and within a potential easement area and any issues requiring the CDD to access this area could result in the patio area having to be removed and of course at the expense of Verandas 6. Additionally,if there were any damage caused to the drain lines during construction of the patio,the Verandas 6 Association would be liable for all repairs and any required engineering work and potential permitting. Unfortunately this situation does bring to light why the CDD must be consulted in any areas where new structures (buildings, patios,drain lines, gutters and downspouts, dry wells,club amenities,dry retention areas,etc)are being contemplated as there is always the potential that these structures may sit over existing drain systems or within easement areas as defined on the Community plats or on properties owned by the CDD. The CDD requests that the ARC.and the Club, always err on the side of requesting input from the CDD if any of these situations exists, Please let me know how you wish to proceed but at this point, any approvals would be contingent on the CDD Board of Supervisors review in August. Thank you,Ed Ed Hubbard Chairman-Heritage Bay CDD Ehubbard@heritagebaycdd.com 1611A2 HERITAGE BAY Community Development District Financial Report June 30, 2019 (Unaudited) Prepared by I N FRA`M AA SI K 16I1A2 HERITAGE BAY Community Development District Table of Contents FINANCIAL STATEMENTS Pages, Balance Sheet-All Funds 1 Statement of Revenues,Expenditures and Changes in Fund Balance General Fund 2-3 Debt Service Fund 4 Construction Fund 5 SUPPORTING SCHEDULES Trend Report 6-7 Non-Ad Valorem Special Assessments 8 Cash and Investment Report 9 Construction Report Schedule 10 Requisitions List 11 -13 Bank Reconciliation 14 Check Register&Invoice Copies 15-46 1611A2 HERITAGE BAY Community Development District Financial Statements (Unaudited) June 30, 2019 16I1A2 HERITAGE BAY Community Development District Supporting Schedules June 30, 2019 1 6 1 1 A 2 HERITAGE BAY Community Development District Governmental Funds Balance Sheet June 30,2019 SERIES 2018 SERIES 2018 DEBT CONSTRUCTION GENERAL SERVICE &ACQUISITION ACCOUNT DESCRIPTION FUND FUND FUND TOTAL ASSETS Cash-Checking Account $ 210,117 $ - $ - $ 210,117 Due From Other Funds - 118,187 - 118,187 Investments: Money Market Account 537,258 - - 537,258 Construction Fund - - 631,864 631,864 Interest Fund(A-2) - 53,724 - 13,724 Prepayment Account - 642 - 642 Reserve Fund - 392,616 - 392,616 Revenue Fund - 319,010 - 319,010 TOTAL ASSETS $ 747,376 $ 844,179 $ 631,864 $ 2,223,418 LIABILITIES Accounts Payable $ 20,975 $ - $ - $ 2D,975 Accrued Expenses 451 - - 451 Due To Other Funds 118,187 - - 118,187 TOTAL LIABILITIES 139,613 - - 139,613 FUND BALANCES Restricted for: Debt Service - 844,179 - 844,179 Capital Projects - - 631,864 631,864 Assigned to: Operating Reserves 95,041 - - 95,041 Reserves-Erosion Control 14,687 - - 14,687 Reserves-Lakes 93,750 - - 93,750 Reserves-Loan 4,750 - - 4,750 Reserves-Stormwater System 18,455 - - 18,455 Unassigned: 381,079 - - 381,079 TOTAL FUND BALANCES $ 607,762 $ 844,179 $ 631,864 $ 2,083,805 TOTAL LIABILITIES&FUND BALANCES $ 747,376 $ 844,179 $ 631,864 $ 2,223,418 Page 1 1611A2 HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending June 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 400 $ 300 $ 5,392 $ 5,092 Hurricane Irma FEMA Refund - - 44,179 44,179 Interest-Tax Collector - - 1,021 1,021 Special Assmnts-Tax Collector 355,190 355,190 355,190 - Specials Assmnts-Lakes 30A&308 60,923 60,923 60,923 - Special Assmnts-Reserves 31,250 31,250 31,250 - Special Assmnts-Discounts (17,895) (17,895) (16,333) 1,562 Other Miscellaneous Revenues - - 36,800 36,800 TOTAL REVENUES 429,868 429,768 518,422 88,654 EXPENDITURES Administration P/R-Board of Supervisors 12,000 9,000 6,000 3,000 FICA Taxes 918 689 459 230 ProfServ-Dissemination Agent 1,500 1,125 1,125 - ProfServ-Engineering 14,000 10,500 21,257 (10,757) ProfServ-Legal Services 10,000 7,500 18,463 (10,963) ProfServ-Mgmt Consulting Sery 44,972 33,729 33,729 - ProfServ-Property Appraiser 6,710 6,710 6,710 - ProfServ-Special Assessment 6,200 6,200 6,200 - ProfServ-Web Site Maintenance 1,000 750 750 - Auditing Services 3,914 3,914 5,800 (1,886) Postage and Freight 2,500 1,875 535 1,340 Insurance-General Liability 15,389 15,389 7,750 7,639 Printing and Binding 1,339 1,004 1,442 (438) Legal Advertising 3,700 2,775 945 1,830 Misc-Bank Charges 100 - 1 (1) Misc-Assessmnt Collection Cost 8,948 8,948 8,621 327 Misc-Web Hosting 900 675 1,612 (937) Office Supplies 100 - - - Annual District Filing Fee 175 175 175 - TotalAdministration 134,365 110,958 121,574 (10,616) Page 2 1611A2 HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending June 30,2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET _ BUDGET ACTUAL FAV(UNFAV) Field ProfSery-Field Management 12,688 9,516 14,141 (4,625) R&M-Contingency 198 149 - 149 Total Field 12,886 9,665 14,141 (4,476) Lakes and Ponds Contracts-Lake and Wetland 71,200 53,400 50,400 3,000 Contracts-Water Analysis 9,861 7,396 5,600 1,796 Contracts-Water Quality 27,700 27,700 13,850 13,850 Contracts-Lakes 30A&30B 12,000 9,000 12,000 (3,000) Contract-Sediment Testing 6,675 6,675 6,675 - R&M-Aquascaping 8,500 6,375 1,000 5,375 R&M-Stormwater System 4,000 3,000 3,000 - R&M-Lake Erosion 84,713 63,535 58,400 5,135 R&M-Contingency 8,263 6,197 3,500 2,697 Impr-Lake Bank Restoration - - 40,400 (40,400) Reserve-Lakes 31,250 31,250 - 31,250 Reserve-Stormwater System 18,455 18,455 - 18,455 Total Lakes and Ponds 282,617 232,983 194,825 38,158 TOTAL EXPENDITURES 429,868 353,606 330,540 23,066 Excess(deficiency)of revenues Over(under)expenditures - 76,162 187,882 111,720 Net change in fund balance $ - $ 76,162 $ 187,882 $ 111,720 FUND BALANCE,BEGINNING(OCT 1,2018) 419,880 419,880 419,880 FUND BALANCE,ENDING $ 419,880 $ 496,042 $ 607,762 Page 3 1611A2 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending June 30,2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE(S) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ - $ - $ 13,999 $ 13,999 Special Assmnts-Tax Collector 1,689,155 1,689,155 1,689,156 1 Special Assmnts-Discounts (67,566) (67,566) (61,669) 5,897 TOTAL REVENUES 1,621,589 1,621,589 1,641,486 19,897 EXPENDITURES Administration ProfServ-Arbitrage Rebate 600 600 600 - ProfServ-Property Appraiser 25,337 25,337 19,629 5,708 ProfSery-Trustee Fees 5,157 5,157 7,655 (2,498) M isc-Assessmnt Collection Cost 33,783 33,783 32,550 1,233 Total Administration 64,877 64,877 60,434 4,443 Debt Service Principal Debt Retirement 990,000 990,000 990,000 - Principal Prepayments - - 5,000 (5,000) Interest Expense 597,305 597,305 597,305 - Total Debt Service 1,587,305 __ 1,587,305 1,592,305 (5,000) TOTAL EXPENDITURES 1,652,182 1,652,182 1,652,739 (557) Excess(deficiency)of revenues Over(under)expenditures (30,593) (30,593) (11,253) 19,340 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance (30,593) - - - TOTAL FINANCING SOURCES(USES) (30,593) - - - Net change in fund balance $ (30,593) $ (30,593) $ (11,253) $ 19,340 FUND BALANCE,BEGINNING(OCT 1,2018) 855,432 855,432 855,432 FUND BALANCE,ENDING $ 824,839 $ 824,839 $ 844,179 Page 4 16I1A2 HERITAGE BAY Community Development District Series 2018 Construction and Acquisition Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending June 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ - $ - $ 12,010 $ 12,010 TOTAL REVENUES - - 12,010 12,010 Construction in Progress - - 93,013 (93,013) Total Construction In Progress - - 93,013 (93,013) TOTAL EXPENDITURES - - 93,013 (93,013) Excess(deficiency)of revenues Over(under)expenditures - - (81,003) (81,003) Net change in fund balance $ - $ - $ (81,003) $ (81,003) FUND BALANCE,BEGINNING(OCT 1,2018) - - 712,867 FUND BALANCE,ENDING $ - $ - $ 631,864 Page 5 N 'Cr a Yr oog0 pe of .n ag m a' aE 0D ^ uiMggm m o 0 a LO BCV LO Mo0000CO m o08o8 ^ r� 88A53FR 3A � 2 CO y G OO O, 0 475 tf N �+j pj.-= a RI Iss. 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CO COO U) C))CO 'Er N 10N CC' )71 a O V O) .- U) M CO N CO N CO u..i C) "C50 0 0) •-0 N-CD- N � CO COV V t-- O N V M O N C7 u Z ct n_ Z 0 Z J ct 0 ~ C -i-i EA EA U) EA EA U) EA U) 69 EA 69 EA w LL F H E V ID a0 CO co CO M M O (A O O) EP EA J W O rn Q N- _\ ` O _ O NQO w W CO vN mi d NOO rO N .- O NCV E 0 Q i';') N ONa000 ~ 0 Om N cc ll.I 0 Q Q o ~ CD CO Q C '0 0 E a. a- o ) W I 0 1611A2 HERITAGE BAY Community Development District Cash and Investment Balances June 30, 2019 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Checking Valley National Bank N/A 0.00% $ 210,117 Money Market Account BankUnited N/A 1.30% 537,258 Subtotal General Fund 747,374 DEBT SERVICE FUND Series 2018 Constr and Acq Fund US Bank N/A 0.00% 631,864 Series 2018A2 Interest Fund US Bank N/A 0.00% 13,724 Series 2018 PrePayment Fund US Bank N/A 0.00% 642 Series 2018 Reserve Fund US Bank N/A 0.00% 392,616 Series 2018 Revenue Fund US Bank N/A 0.00% 319,010 Subtotal Debt Service 1,357,856 (1) Total $ 2,105,231 Note(1) Invested in First American Obligation Fund Report Date:7/22/2019 Page 9 1611A2 HERITAGE BAY Community Development District Series 2018 Construction Report Construction Report June 30,2019 Deposit to 2018 Acquisition and Construction Account(Amount from 6/30/2019) $ 3,461,202 Requisitons (Please see Requisition List) Requisitions Total 2,857,334 Less Requisitions paid in FY17 28,232 Total Requisitions for FY18 2,669,228 Total Requisitions for FY19 159,873 Sub-Total $ 603,868 Interest and transfers in Construction and Acquisition Account 27,996 Balance in Construction&Acq Account as of June 30,2019 $ 631,864 Report Date:7/15/2019 Page 10 N ac vows b e•1 coa -J 0 a U W 0' S o co 0 0o CO 0 00 0 CO m CO CO 03 CO CO CO 00 CO 0 CO 00 00 CO CO CO CO CO 0 CO CO CLL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 N NNNN N N N N NNNN N N N N N N N N N N N N NNQNQ 03 O) O) O C) O) O) D) (0 co co CD co co CD CD CO CO c0 03 O O O O O O 0 O O O O 0 N N N N N N N N N N N N N N N N N N N co c` co co co co co co [` CO W co (0 co co (0 0 (0 r N- r I- N- r r- r r r r r r r N- r N- n N- N- i"":„• 0 L ✓ r 0 O CO V U) U) U) CD O U) O U) O O O CO O O U) O O U) CO N O 0 ▪ 0 r O CO V N N N CV 0 r O N O U) CO CO 0 O (T) Q O 0) co r co N 0 N O) U) O N O U) l0 O M co N (O U) N r 0) O O V CO O U) N co N O U) (M) r (M N O O M O N O 4 Cr O O N UO M N-7 co- co- N COc' V N m CO N co- N r V' N CO z N ❑ 0 2 ea ea ea ta ea ea ta ea ea. ea ea ea to ta ca ea to to ea ta ca ea ea ea ea ea ta z O _ O O N U) O CO V V O CP O U) r M O O N co CO CO CO CO 0 M M M O corco O LO r N O N M . 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M 69 1611A2 Heritage Bay CDD Bank Reconciliation Bank Account No. 9727 Valley National Bank-GF Statement No. 06-19 Statement Date 6/30/2019 G/L Balance(LCY) 210,116.87 Statement Balance 238,496.81 G/L Balance 210,116.87 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 238,496.81 Subtotal 210,116.87 Outstanding Checks 28,379.94 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 210,116.87 Ending Balance 210,116.87 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 6/19/2019 Payment 3512 COPELAND SOUTHERN ENTERPRISES,IN 13,775.00 0.00 13,775.00 6/27/2019 Payment 3514 COLEMAN,YOVANOVICH&KOESTER,P.A. 700.00 0.00 700.00 6/27/2019 Payment 3515 COPELAND SOUTHERN ENTERPRISES,IN 5,975.00 0.00 5,975.00 6/27/2019 Payment 3516 CPH,INC 2,486.55 0.00 2,466.55 6/27/2019 Payment 3517 FEDEX 58.41 0.00 58.41 6/27/2019 Payment 3518 INFRAMARK LLC 5,404.98 0.00 5,404.98 Total Outstanding Checks 28,379.94 28,379.94 Page 14 N Q O I• CO 0 10 0 CO 0 0 0 0 0 0 0 0 0 M N N. 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Please issue a check to: Heritage Bay COD Vendor Name: Heritage Bay CDD Vendor No.: V00032 Check amount: $110,000.00 Please code to: 131000.001.1000 Check Description/Reason: Xfer of funds to cover expenses for lake and bank restoration project. Mailing instructions: Transfer funds to Valley National Bank # 9727 1 �J Manager's Approval: • _ Date 5/20/2019 Prepared By. Report Date: 5/20/2019 Inframark Infrastructure Management Services Page 18 1611A2 lnframark, LLC Invoice: 40321 ()INFRAMARK 2002 West Grand Parkway North Invoice Date: 4/24/2019 Suite 100 Due Date: 5/24/2019 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 Rate Amount Management Fees for the Month Of:April 2019 Administrative Fees 1 Ea $3,747.67 $3,747.67 001-531027-51201-5000 Field Ops Services 1 Ea $1,057.33 $1,057.33 001-531016-53901-5000 Project Manager 1 Ea $250.00 $250.00 For 2 hrs.project management @$125/hr.=$250.00 001-531016-53901-5000 Copies 1 Ea $142.75 $142.75 001-547001-51301-5000 Postage 1 Ea $5.00 $5.00 001-541006-51301-5000 Web Hosting 1 Ea $83.33 $83.33 001-531094-51301-5000 Dissemination Services 1 Ea $125.00 $125.00 Subtotal $5,411.08 Tax(0%) $0.00 Total Due $5,411.08 Remit To : Inframark, LLC P.O. Box 733778 Dallas,TX 75373-3778 Please note our lockbox address has changed. Please include the Project ID and the Invoice Number on the check stub of your payment. 1 of 1 Page 19 1611A2 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 Herita a jail= May 07,2019 File No: 6176-001M 210 N. University Dr. Suite 702 Statement No: 52 Coral Springs FL 33071 Attn: Justin Faircloth Gen Rep SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $5,623.75 Fees Hours 04/01/2019 GLU Review and respond to email correspondence from Peter Rietz on language question; Review and respond to email correspondence from Peter Rietz on final versions; Review same; Draft email correspondence to Chairman on final versions 0.25 81.25 04/02/2019 GLU Review and respond to email correspondence from Chairman. (no charge) 04/04/2019 GLU Review and respond to email correspondence from Peter Rietz on rules; Review question on same. 0.20 65.00 04/09/2019 GLU Review email correspondence from Ed Hubbard on TQ communication on updated document removing TQCDD 0.10 32.50 04/10/2019 GLU Review and respond to email correspondence from Justin Faircloth regarding use agreement from TQ 0.20 65.00 04/19/2019 GLU Review email correspondence from Peter Rietz on approvals of boating documents 0.10 32.50 04/22/2019 GLU Review and respond to email correspondence from Chairman regarding upcoming meeting matters 0.10 32.50 04/23/2019 GLU Review email correspondence from Chairman on comments from HB HOA on Use Agreement; Review HB HOA comments; Telephone conference with Chair; Exchange multiple email correspondence with Peter Rietz and Chris Davies; Exchange email correspondence with Chairman 0.75 243.75 GLU Review and respond to email correspondence from Chairman on summary to board; Review proposed summary 0.25 81.25 04/24/2019 GLU Conference call with Chris Davies and Peter Rietz; Draft email correspondence to Chairman with update; Review and respond to email Page 20 correspondence from Peter Rietz on revised agreement; Review same; 16I1A2 Page:2 Heritage Bay CDD May 07, 2019 File No: 6176-001M Statement No: 52 Gen Rep Hours Telephone conference with Chairman on meeting considerations 1.25 406.25 04/25/2019 GLU Review email correspondence from Peter Reitz on revised agreement; Review same; Draft email correspondence to Chairman and Manager on revised agreement; Review and respond to email correspondence from Chairman on agreement changes; Telephone conference with Chairman 1.00 325.00 04/26/2019 GLU Brief review of agenda for Board of Supervisors meeting; Review and respond to email correspondence from Chairman on update relating to meeting 0.40 130.00 Professional Fees through 05/07/2019 4.60 1,495.00 Total Current Work 1,495.00 Payments Total Payments Through 05/07/2019 -5,173.75 Balance Due $1,945.00 Page 21 16 1 1 A 2 Copeland Southern Enterprises Inc. INVOICE 1668 Many Road, North Fort Myers, FL, 33903 Phone: 239-995-3684 Fax: 239-995-0058 INVOICE#197 Email: copelandsei@aol.com DATE: 05-10-2019 To:Heritage Bay CDD,C/O Inframark .tustiro Faireloth CAM,CDM;District Manager 5911 Country Lakes Drive Fort Myers,FL 33905 Office:239-245-7118 EXT.306 SALESPERSON P.O. NUMBER REQUISITIONER SHIPPED VIA ; F.O.B. POINT DUE DATE Scott Copeland 05-10-19 QUANTITY DESCRIPTION UNIT PRICE TOTAL 2 Fire Wire pipe repairs Replaced 2 damaged 4 inch ADS pipes 35 feet each from Fire Wire trencher $.00 $1,500.00 out into lake 4 A 10329 Heritage Bay Blvd. 6 Fire Wire pipe repairs Repaired up to 8 feet of damaged 4 inch ADS pipe Damaged from Fire Wire $150.00 $900.00 Trencher(4 10321 Heritage Bay Blvd. I Fire Wire pipe repair Repaired up to 8 feet of damaged 6 inch ADS pipe Damaged from Fire Wire $150.00 $150.00 Trencher(ii; 10296 Heritage Bay Blvd. 1 Fire Wire pipe repair Replaced damaged 6 inch ADS pipes 30 feet from Fire Wire trencher out $150.00 $00.00 into lake 6 @ 10312 Heritage Bay Blvd. (Discounted Free) SUBTOTAL 1 $2,550.00 SALES TAX 1 0.0 SHIPPING&HANDLING 0.0 TOTAL DUE $2,550.00 Make all checks payable to Copeland Southern Enterprises Inc. If you have any questions concerning this invoice, please contact Scott. THANK YOU FOR YOUR BUSINESS! Page 22 1611A2 Copeland Southern Enterprises Inc. INVOICE 1668 Many Road, North Fort Myers, FL, 33903 Phone: 239-995-3684 Fax: 239-995-0058 INVOICE#198 Email: copelandsei@aol.com DATE: 05-10-2019 To:Heritage Bay CDD,C/O Inframark Justin I'aircloth CAM, CDM 1 District Manager 5911 Country Lakes Drive Fort Myers,FL 33905 Office:239-245-7118 EXT. 306 F.O.B. SALESPERSON P.O. NUMBER REQUISITIONER I SHIPPED VIA POINT DUE DATE Scott Copeland ; 05-10-19 QUANTITY DESCRIPTION LINE ITEM TOTAL Extended 12 Pipes Extended 12 gutter drain pipes thru lake 6 restoration areas located @ 10316 Addition $1,975.00 & 10306 Heritage Bay Blvd. Installed Flume Dram Installed 12 Inch Catch Basin and Concrete Flume @ SW Corner of Bridge @ Line Item I $2,975.00 10333 Heritage Bay Blvd. Extended Lake Drains ! Installed 6 New 4&6 Inch WD ADS Pipe out into lake 4 @ 10321 Heritage Line Item 3 $3,775.00 Bay Blvd. Extended Lake Drains Installed New 6 Inch WD ADS Pipe out into lake 4 @ 10290-10296 Heritage Line Item 6 $975.00 Bay Blvd.(Repaired Fire Wire Damage pipe as well NO EXTRA CHARGE) � I SUBTOTAL $9,700.00 SALES TAX 0.0 SHIPPING&HANDLING 0.0 TOTAL DUE $9,700.00 Make all checks payable to Copeland Southern Enterprises Inc. If you have any questions concerning this invoice, please contact Scott. THANK YOU FOR YOUR BUSINESS! Page 23 1 6 1 1 A 2 Copeland Southern Enterprises Inc. INVOICE 1668 Many Road, North Fort Myers, FL, 33903 Phone: 239-995-3684 Fax: 239-995-0058 INVOICE#200 Email: copelandsei@aol.com DATE: 05-17-2019 To:Heritage Bay CDD,C/O Inframark Justin Fairclot h I CAM,CDM I District Manager 5911 Country Lakes Drive Fort Myers,FL 33905 Office:239-245-7118 EXT. 306 F.O.B. SALESPERSON ! P.O. NUMBER t REQUISITIONER SHIPPED VIA POINT DUE DATE Scott Copeland 05-17-19 QUANTITY DESCRIPTION LINE ITEM ! TOTAL Extended 2 Pipes& Extended 8& 10 Inch pipes into lake 10,Repaired 325 feet of Lake Bank with I Line Item 7 $13,375.00 Lake Restoration# 10 Coconut Erosion Blanket and Sod. • Extended 3 Pipes& Extended 4,6&10 Inch pipes into lake 16,Repaired 340 feet of Lake Bank Line Item 9 i $14,775.00 Lake Restoration#16 with Coconut Erosion Blanket and Sod. 1 1 � I SUBTOTAL $28,150.00 SALES TAX 0.0 SHIPPING&HANDLING 0.0 TOTAL DUE ! $28,150.00 Make all checks payable to Copeland Southern Enterprises Inc. If you have any questions concerning this invoice, please contact Scott. THANK YOU FOR YOUR BUSINESS! Page 24 16I1A2 Copeland Southern Enterprises Inc. INVOICE 1668 Many Road, North Fort Myers, FL, 33903 Phone: 239-995-3684 Fax: 239-995-0058 INVOICE#201 Email: copelandsei@aol.com DATE.05-24-2019 To:Heritage Bay CDD,C/O Inframark Justin Faaii•cioth CAM,CDM 1 District Manager 5911 Country Lakes Drive Fort Myers,FL 33905 Office:239-245-7118 EXT. 306 F.O.B. SALESPERSON P.O.NUMBER REQUISITIONER SHIPPED VIA I POINT DUE DATE Scott Copeland ! 05-24-19 QUANTITY DESCRIPTION LINE ITEM TOTAL Extended 4 x 4 inch Extended 4 x 4 Inch pipes into lake 4 over 35 feet each $2,875.00 DW ADS Pipes Lake 4 Extended 2 x 6 Inch Extended 2 x 6 Inch pipes into lake 4 over 35 feet each. 1 $1,975.00 DW ADS Pipes Lake 4 Sink Hole Repaired Sink Hole on SW Side of Lake 20(NO Charge) $0.00 NW Lake 6 x 125 ft. NW Lake 6 Restoration of 125 ft.with Coconut Erosion. Line Item 4 $4,875.00 _ I NW Lake 6 x 200 ft. NW Lake 6 Restoration of 200 ft.with Coconut Erosion. Line Item 5 $7,775.00 Lake 14/10x30 ft. Lake 14 Restoration of a 10 x 30 ft.area with Coconut Erosion Blanket. Line Item 8 $1,175.00 SUBTOTAL $18,675.00 SALES TAX 0.0 SHIPPING& HANDLING 0.0 TOTAL DUE $ 18,675.00 Make all checks payable to Copeland Southern Enterprises Inc. If you have any questions concerning this invoice, please contact Scott. THANK YOU FOR YOUR BUSINESS! Page 25 1611A2 wog 500 West Fulton Street Invoice Sanford,Florida 32771 Phone:407.322.6841 Justin Faircioth May 3,2019 Heritage Bay Community Development District Project No: S28902 C/0 INFRAMARK Invoice No: 114323 210 N.University Drive Suite 702 Coral Springs,FL 33071 Meetings&Miscellaneous Services at 10154 Heritage Bay Blvd.Naples, FL-Collier County Professional Services through April 14.2019 _ 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Project Coordinator 1.50 90.00 135.00 Sr.Design Technician 2.00 105.00 210.00 Administrative .50 75.00 37.50 Sr.Project Manager 5.50 180.00 990.00 Sr.Project Designer 4.00 135.00 540.00 Totals 13.50 1,912.50 Total Labor 1,912.50 Total this Phase $1,912.50 Total this Invoice $1,912.50 Services provided this period include: Preparation and coordination at CDD Meetings,approve Pay Apps with PM,review CDD workloads,FEMA scheduling. CPH,Inc, • Page 26 t, h _ ,, 1, „ m 1611x2 Project S28902 INFRAMARK/Heritage Bay;Meeting&Misc Invoice 114323 Billing Backup Friday,May 3,2019 CPH,Inc. Invoice 114323 Dated 5/3/2019 2:07:28 PM 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Project Coordinator 70-0993 Pearce,Kelly 1/30/2019 1.00 90.00 90.00 Heritage Aerial Survey Proposal 70-0993 Pearce,Kelly 1/31/2019 .50 90.00 45.00 Heritage Aerial Survey Proposal revisions/exhibit Sr.Design Technician 70-01068 Allen,John 3/21/2019 .50 105.00 52.50 Review status with Justin 70-01068 Allen,John 3/22/2019 1.00 105.00 105.00 Pay app review 70-01068 Allen,John 3/27/2019 .50 105.00 52.50 Review/approve pay apps Administrative 73-01184 Lemmerman,Gabriel 3/26/2019 .50 75.00 37.50 Prebills Sr.Project Manager 73-0163 Satfield,Jeffrey 3/28/2019 1.00 180.00 180.00 Coordination with Greg for call and resuming work 73-0163 Satfield,Jeffrey 3/28/2019 1.00 180.00 180.00 Review COD workload and billings 73-0163 Satfield,Jeffrey 4/4/2019 2.00 180.00 360.00 Review Heritage workload, travel for PM transition meeting 73-0163 Satfield,Jeffrey 4/8/2019 1.00 180.00 180.00 FEMA team prep call 73-0163 Satfleld,Jeffrey 4/10/2019 .50 180.00 90.00 review revised FEMA meeting schedule Sr.Project Designer 70-0485 Lopez,Albert 4/8/2019 4.00 135.00 540.00 Heritage Lake Site visit to discuss Irrigation issues Totals 13.50 1,912.50 Total Labor 1,912.50 Total this Phase $1,912.50 Total this Project $1,912.50 Total this Report $1,912.50 Page 27 Northern Trust Bank Building 16 I 1 A 2 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103-3556 Telephone: (239)435-3535 Fax: (239)435-1218 Page Herita a Ba COD April 30, 20 File No: 6176-00 210 N. University Dr. Suite 702 Statement No: Coral Springs FL 33071 Attn:Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $1,706. Fees Hours /06/2018 GLU Review and respond to email correspondence from Justin Faircloth on Heritage Bay construction contract and revision to same 0.25 81. /13/2018 GLU Review email correspondence from Chairman to HOA on QE construction work and golf course shutdown 0.10 32. 105/2018 GLU Draft staging area agreement to allow early staging by QE; Draft email correspondence to Chairman and Manager on draft 2.00 650. 106/2018 GLU Review and respond to email correspondence from Chairman regarding staging agreement; Review and respond to email correspondence from Justin Faircloth on staging agreement; Review email correspondence from Lou Gaudio(QE rep)with proposed staging agreement 0.30 97. /08/2018 GLU Review email correspondence from Lou Gaudio regarding staging agreement 0.10 32. 111/2018 GLU Review email correspondence from Chairman on finalized staging agreement 0.10 32. /17/2018 GLU meeting with Chairman and manager on construction contract issues; Telephone conference with Justin Faircloth on same 0.75 243. 119/2018 GLU Review email correspondence from Justin Faircloth on needed amendments to construction contracts; Telephone conference with Justin Faircloth on same; Review construction forms; Draft addendum to Shoreline Construction Agreement; Draft addendum to emergency repair Construction Agreement; Draft email correspondence to Justin Faircloth with draft addenda; Review email correspondence from Chairman on letter from Club on access 1.50 487. GLU Review and respond to email correspondence from Chairman on HOA request relating to location of improvements 0.25 81. /23/2018 GLU Review multiple email correspondence from Chairman regarding amendment to contracts relating to lake bank slope and agreement with HOA; Review issues and commence work on amendment PageGeR90 292. 16I1A2 Heritage Bay CDD April 30,20 File No: 6176-001 Statement No: Construction Work Hours /24/2018 GLU Exchange email correspondence with Justin Faircloth regarding construction agreement; Draft Second Addenda to both QE Construction Agreements; Draft email correspondence to circulating drafts; Review email correspondence from Chairman on comments on Second Addenda; Telephone conference with Chairman; Draft revisions to Second Addenda and prepare redlines; Draft email correspondence circulating revised draft; Review email correspondence from Chairman. 2.00 650. /25/2018 GLU Review multiple email correspondence from Justin Faircloth to QE on construction contracts 0.10 32. /27/2018 GLU Review and respond to email correspondence from Justin Fairdoth regarding lake maintenance documentation; Brief review 0.20 65. Professional Fees through 04/30/2018 8.55 2,778. Total Current Work 2,778. Payments Total Payments Through 05/16/2018 -845. Balance Due $3,640. Page 29 1 6 1 1 A 2 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 July 31,2018 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 5 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $3,640.00 Fees Hours 06/25/2018 GLU Review email correspondence from Justin Faircloth on issue with bid documents for CE Project; Review multiple email correspondence from Chairman and Manager regarding Lake 20 project; Review bond documents and issues relating Lake 20 project; Research issue on addition of project; Exchange email correspondence with Bond Counsel; commence work on resolution relating to supplemental project 2.50 812.50 06/26/2018 GLU Additional research on project modification; Draft resolution regarding adoption of amended supplemental engineer's report 1.50 487.50 06/28/2018 GLU Review multiple email correspondence from Justin Faircloth on proposed QE contracts; Review exhibits and back-up; Draft email correspondence to Justin Faircloth regarding QE contracts and related issues; Review multiple email correspondence from Chairman on Lake 20 project; Draft email correspondence to Chairman and include resolutions relating to 2.00 650.00 07/05/2018 GLU Review email correspondence from Justin Faircloth regarding QE communication on additional work projects; Telephone conference with Chairman on Board agenda regarding projects; Follow-up email to CPH; Review email correspondence from Chairman 0.50 162.50 07/06/2018 GLU Telephone conference with Alice Carlson regarding amended and restated supplemental methodology 0.20 65.00 07/09/2018 GLU Review and respond to multiple email correspondence from Chairman regarding construction projects and bond matters; Review files and bond materials on same. 0,75 243.75 07/10/2018 GLU Review and respond to email correspondence from Chairman regarding construction matters 0.10 32.50 Page 30 16I1A2 Page:2 Heritage Bay CDD July 31,2018 File No: 6176-004M Statement No: 5 Construction Work Hours 07/12/2018 GLU Conference call into meeting on construction issues; Research construction bidding issue; Draft email correspondence to Justin Faircloth on same; Review and respond to email correspondence from Chairman 0.75 243.75 07/20/2018 GLU Telephone conference with Justin Faircloth on change order for QE project 0.20 65.00 07/31/2018 GLU Review multiple email correspondence from Manager, Chairman, etc. regarding engineers report; Review and comment on amended supplemental engineer's report for additional project; review and comment on amended supplemental assessment methodology; Draft email correspondence circulating comments on reports 0.75 243.75 Professional Fees through 07/31/2018 9.25 3,006.25 Total Current Work 3,006.25 Payments Total Payments Through 08/22/2018 -861.25 Balance Due $5,785.00 Page 31 1611A2 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 Herita a Ba CDD August 31, 2018 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 6 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $5,785.00 Fees Hours 08/02/2018 GLU Review email correspondence from Jeffrey Satfield with Amended Supplemental Engineer's Report 0.20 65.00 08/13/2018 GLU Review multiple email correspondence from Justin Faircloth and Chairman on QE contracts; Review issues relating to contract and review prior draft; Telephone conference with Justin Faircloth on contracts; Review and respond to email correspondence from Chairman on comments on contract; 0.75 243.75 08/14/2018 GLU Draft revised Lake 30A supplemental contract and lake 20 contract; Draft email correspondence circulating draft contract; Exchange email correspondence with manager and chairman on comments 1.00 325.00 08/17/2018 GLU Review multiple email correspondence from Chairman and Manage on revisions to supplemental Lake 30A contract; Draft revisions; Exchange email correspondence on same. 0,50 162.50 08/20/2018 GLU Review and respond to email correspondence from Justin Faircloth regarding proposed revision from QE on Lake 30A contract; Review and respond to email correspondence from Chairman; Draft revision 0.25 81.25 08/28/2018 GLU Review email correspondence from Justin Faircloth regarding amendments to 2 initial construction contracts; Telephone conference with Justin Faircloth; Review existing contract forms; Draft two amendments to construction contracts; Draft email correspondence to Justin Faircloth 1.40 455.00 GLU Review email correspondence from Justin Faircloth regarding revisions to Lake 30A and Lake 20 Supplement contracts; Telephone conference with Justin Faircloth; Draft revisions to contracts; Draft email correspondence circulating revised versions; Exchange email correspondence with Ed Hubbard on revisions 1.00 325.00 08/29/2018 GLU Review and respond to email correspondence from Justin Faircloth on Page 32 1611A2 Page:2 Heritage Bay CDD August 31,2018 File No: 6176-004M Statement No: 6 Construction Work Hours revisions to Lake 20 and Lake 30A contracts; Review same; Review and respond to email correspondence from Justin Faircloth on revisions to amendments to construction contracts; review same. 0.25 81.25 Professional Fees through 08/31/2018 5.35 1,738.75 Total Current Work 1,738.75 Balance Due $7,523.75 Page 33 Coleman,Yovanovich& Koester, P.A. 16 11 A 2 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 Ba CDD October 31,2018 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 7 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $7,523.75 Fees Hours 10/03/2018 GLU Brief review of Daniel Moyer regarding punchlist to QE 0.10 32.50 Professional Fees through 10/31/2018 0.10 32.50 Total Current Work 32.50 Balance Due $7,556.25 Page 34 Coleman,Yovanovich& Koester, P.A. 16 11 A 2 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 Ba CDD December 31, 2018 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 8 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $7,556.25 Fees Hours 12/10/2018 GLU Review and respond to email correspondence from Justin Faircloth on QE insurance question 0.10 32.50 12/16/2018 GLU Review email correspondence from Justin Faircloth on FEMA request for documentation 0.10 32.50 Professional Fees through 12/31/2018 0.20 65.00 Total Current Work 65.00 Balance Due $7,621.25 Page 35 Coleman,Yovanovich&Koester, P.A. 16 11 A 2 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 January 31,2019 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 9 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $7,621.25 Fees Hours 01/23/2019 GLU Review and respond to email correspondence from Justin Faircloth on Lake 20 repair; Review executed letter 0.10 32.50 Professional Fees through 01/31/2019 0.10 32.50 Total Current Work 32.50 Balance Due $7,653.75 Page 36 1611A2 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 Herita a Ba CDD April 18, 2019 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 10 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $7,653.75 Fees Hours 02/15/2019 GLU Review email correspondence from Justin Faircloth and Lou Gadio on proceeding with work; Brief review of file on agreements; Draft email correspondence to Justin Faircloth on commencement of project; Review and respond to email correspondence from Justin Faircloth 0.50 162.50 Professional Fees through 04/18/2019 0.50 162.50 Total Current Work 162.50 Balance Due $7,816.25 Page 37 1 6 1 1 A 2 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 Herita a Ba CDD May 07, 2019 File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 11 Coral Springs FL 33071 Attn:Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $7,816.25 Fees Hours 04/29/2019 GLU Review and respond to email correspondence from Chairman regarding QE impacts and alleged damages to structures 0.25 81.25 04/30/2019 GLU Review email correspondence from Chairman on QE matters 0.10 32.50 Professional Fees through 05/07/2019 0.35 113.75 Total Current Work 113.75 Balance Due $7,930.00 Page 38 1611A2 Copeland Southern Enterprises Inc. INVOICE 1668 Many Road, North Fort Myers, FL, 33903 Phone: 239-995-3684 Fax: 239-995-0058 elandsei aol.com INVOICE#2031 Email: co p @ DATE: 06-10-2019 To:Heritage Bay CDD,CIO Inframark Justin haircloth I CAM,CDM I District Manager 5911 Country Lakes Drive Fort Myers,FI,33905 Office: 239-245-7118 EXT.306 F.O.B. SALESPERSON P.O. NUMBER REQUISITIONER SHIPPED VIA POINT DUE DATE Scott Copeland i 06-10-19 QUANTITY DESCRIPTION [ LINE ITEM TOTAL • SE Lake Conc.Flume SE Lake 19 Concrete Flume Form and Pour in Place 3000 PSI. $13,775.00 I ' • • I � SUBTOTAL $13,775.00 SALES TAX ; 0.0 1 SHIPPING &HANDLING 0.0 TOTAL DUE ! $ 13,775.00 i Make all checks payable to Copeland Southern Enterprises Inc. If you have any questions concerning this invoice, please contact Scott. THANK YOU FOR YOUR BUSINESS! Page 39 1611A2 Grau and Associates 951 W. Yamato Road, Suite 280 Boca Raton, FL 33431- www.graucpa.corn Phone: 561-994-9299 Fax: 561-994-5823 Heritage Bay Community Development District 210 North University Drive, Suite 702 Coral Springs, FL 33071 Invoice No. 18286 Date 06/03/2019 SERVICE AMOUNT Audit FYE 09/30/2018 $ 1,300.00 Current Amount Due $ 1,300 00 :or(ti Spti g$,t 1, N 0 h 21)14 iii1MARK 0-30 31-60 61-90 91 -120 Over 120 Balance 1,300.00 0.00 0.00 0.00 0.00 1,300.00 Payment due upon receipt. Page 40 Coleman, Yovanovich& Koester, P.A. 16 11 A 2 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 June 12,2019 c/o Inframark File No: 6176-001M 210 N. University Dr. Suite 702 Statement No: 53 Coral Springs FL 33071 Attn: Justin Faircloth Gen Rep SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $1,945.00 Fees Hours 05/30/2019 GLU Initial review of email correspondence from Justin Faircloth on ADA issues with website 0.10 32.50 GLU review audit response request; Internal review; Draft audit response letter 0.50 162.50 05/31/2019 AMK Research re: ADA website compliance. Work on memorandum re:website compliance. 3.00 375.00 Professional Fees through 06/12/2019 3.60 570.00 Total Current Work 570.00 Payments Total Payments Through 06/12/2019 -1,495.00 Balance Due $1,020.00 Page 41 1611A2 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 June 12,2019 c/o Inframark File No: 6176-004M 210 N. University Dr. Suite 702 Statement No: 12 Coral Springs FL 33071 Attn: Justin Faircloth Construction Work SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $7,930.00 Fees Hours 05/15/2019 GLU Review email correspondence from Justin Faircloth on change orders for QE contract; Brief review of same 0.20 65.00 05/1712019 GLU Review multiple email correspondence from Justin Faircloth regarding change order information. 0.20 65.00 Professional Fees through 06/12/2019 0.40 130.00 Total Current Work 130.00 Balance Due $8,060.00 Page 42 1611A2 Copeland Southern Enterprises Inc. INVOICE 1668 Many Road, North Fort Myers, FL, 33903 Phone: 239-995-3684 Fax: 239-995-0058 Email: copelandsei@aol.com INVOICE#202 DATE: 06-01-2019 To:Heritage Bay CDD,C/O Inframark Justin taircloth CAM, CDM 1 District Manager 5911 Country Lakcs Drivc Fort Myers,FL 33905 Office: 239-245-7118 EXT. 306 I F.O.B. SALESPERSON 11 P.O. NUMBER REQUISITIONER , SHIPPED VIA POINT DUE DATE Scott Copeland 1 06-01-19 QUANTITY 1 DESCRIPTION 1 LINE ITEM TOTAL 1 NE Lake 4 x 151 ft. ( Lake 4 Restoration of a 151 ft.area with Coconut Erosion Blanket. ( Line Item 2 $5,975 00 bake 4Additional 50 ft. 1 Lake 4 Restoration of 50 ft.with Coconut Erosion Blanket. I Line Item 2 $0.00 i (Discount)5 2000.00 1 1 I I" 1 i 1 i I 1__ SUBTOTAL ' $5,975.00 SALES TAX 0.0 SHIPPING& HANDLING ! 0.0 TOTAL DUE i $5,975.00 Make all checks payable to Copeland Southern Enterprises Inc. If you have any questions concerning this invoice, please contact Scott. THANK YOU FOR YOUR BUSINESS! Page 43 1611A2 og 500 West Fulton St[vet Invoice Sanlord,Florida 32771 Phone:407.322.6847 Justin Faircloth June 10,2019 Heritage Bay Community Development District Project No: 528902 C/O INFRAMARK Invoice No: 114921 210 N.University Drive Suite 702 Coral Springs,FL 33071 Meetings&Miscellaneous Services at 10154 Heritage Bay Blvd.Naples,FL-Collier County Professional Services through May 12.2019 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Project Coordinator 1.00 90.00 90.00 Sr.Design Technician 4.25 105.00 446.25 Design Technician 7.00 95.00 665.00 Administrative .25 75.00 18.75 Sr,Project Manager 5.00 180.00 900.00 Sr.Project Designer 2.50 135.00 337.50 Totals 20.00 2,457.50 Total Labor 2,457.50 Total this Phase $2,457.50 XXP Expenses Reimbursable Expenses Communications 8.00 Total Reimbursables 8.00 8.00 Unit Billing Color Copies 11X17 1.05 Total Units 1.05 1.05 Total this Phase $9.05 Total this Invoice $2,466.55 Services provided this period include: Preparation and coordination at CDD Meetings,review CDD workloads,The Verangas C-review pipe sizing.layout,and redline exhibit,review and approve pay apps,Verandas roof drainage exhibit,review FEMA meeting notes CPH,Inc. 1 �1 'i'( /l�/':.<'( (1.:'Ct�)..LC Page 44 \\ c \ . t, h . „ r , i o ii 1611A2 Project S28902 INFRAMARK/Heritage Bay;Meeting&Misc invoice 114921 Billing Backup Monday,June 10,2019 CPH,Inc. Invoice 114921 Dated 6/10/2019 3:42:03 PM 1 Meeting Attendance&Misc.Services Professional Personnel Hours Rate Amount Project Coordinator 70-0993 Pearce,Kelly 2/4/2019 1.00 90.00 90.00 Heritage Drone Survey-finalize and send to client;upload photos and send e-mail to Mktg/PM for Chralotte County Family Services Sr.Design Technician 70-01068 Allen,John 4/23/2019 .25 105.00 26.25 Lake 20:Emails with team on shop drawing 70-01068 Allen,John 4/24/2019 .50 105.00 52.50 Status update with JMS&Albert 70-01068 Allen,John 4/25/2019 .25 105.00 26.25 The Verandas V:Review pipe sizing from Matt,send to Vivian 70-01068 Allen,John 4/29/2019 1.50 105.00 157.50 Verandas V drainage design:Send pipe sizing to Vivian,review layout, redline exhibit 70-01068 Allen,John 5/7/2019 .50 105.00 52.50 Review&approve pay apps 70-01068 Allen,John 5/9/2019 .25 105.00 26.25 Lake 20:Review emails from Justin 70-01068 Allen,John 5/10/2019 1.00 105.00 105.00 Lake 20:Review structure elevation with John,send FDOT index for slots Design Technician 70-01225 Zalesanski,Vivian 4/29/2019 7.00 95.00 665.00 Verandas V Roof Drainage Exhibit Administrative 73-01184 Lemmerman,Gabriel 4/23/2019 .25 75.00 18.75 prebills Sr.Project Manager 73-0163 Satfield,Jeffrey 4/16/2019 .50 180.00 90.00 review CDD workload with Team 73-0163 Satfield,Jeffrey 4/17/2019 .50 180.00 90.00 Coord with CDD for fema meeting notes 73-0163 Satfield,Jeffrey 4/24/2019 1.00 180.00 180.00 review CDD workload and needs 73-0163 Satfield,Jeffrey 5/2/2019 1.00 180.00 180.00 Review CDD workload and project schedules 73-0163 Satfield,Jeffrey 5/6/2019 1.00 180.00 180.00 update with Ed for heritage club improvements and preapp coord 73-0163 Satfield,Jeffrey 5/10/2019 1.00 180.00 180.00 review CDD workload Sr.Project Designer 70-0485 Lopez,Albert 4/26/2019 2.50 135.00 337.50 Board meeting attendance Totals 20.00 2,457.50 Total Labor 2,457.50 Total this Phase $2,457.50 XXP Expenses Page 45 1611A2 Project S28902 INFRAMARIV Heritage Bay;Meeting&Misc Invoice 114921 Reimbursable Expenses Communications AP 207839 4/21/2019 Jeffrey M.Satfteld/Cell Phone(4/24119) 8.00 Total Reimbursables 8.00 8,00 Unit Billing Color Copies 11X17 1.05 Total Units 1.05 1.05 Total this Phase $9.05 Total this Project $2,466.55 Total this Report $2,466.55 Page 46 C1/41 Q ama,ai mom. 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O O F 1611A2 HERITAGE BAY Community Development District Annual Operating and Debt Service Budget Fiscal Year 2020 Modified Tentative Budget (Meeting August 1,2019.Version 1) Prepared by: 3) INFRpA�M�ASRK 1611A2 HERITAGE BAY Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues,Expenditures and Changes in Fund Balance 1 -2 Exhibit A-Allocation of Fund Balances 3 Budget Narrative 4-7 DEBT SERVICE BUDGET Series 2018 Summary of Revenues,Expenditures and Changes in Fund Balances 8 Amortization Schedule 9 Budget Narrative 10 SUPPORTING BUDGET SCHEDULES 2019-2020 Non-Ad Valorem Assessment Summary 11 16I1A2 HERITAGE BAY Community Development District Budget Overview Fiscal Year 2020 16 11A2 HERITAGE BAY Community Development District Operating Budget Fiscal Year 2020 16 11A 2 HERITAGE BAY Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2020 Modified Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU JUL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 FY 2019 JUN-2019 SEP-2019 FY 2019 FY 202D REVENUES Interest-Investments $ 1,479 3,241 $ 400 $ 5,393 $ 1,798 $ 7,191 $ 2,000 Hurricane Irma FEMA Refund 44,179 - 44,179 Interest-Tax Collector - 96 - 1,021 - 1,021 - Special Assmnts-Tax Collector 250,000 355,190 355,190 355,190 - 355,190 355,190 Special Assmnts-Wall Project 62,500 - - - - - - Special Assmnts-Lakes 30A&30B - 60,922 60,923 60,923 - 60,923 60,923 Special Assmnts-Reserves 31,250 31,250 31,250 31,250 - 31,250 31,250 Special Assmnts-Discounts (12,604) (16,490) (17,895) (16,333) (16,333) (17,895) Other Miscellaneous Revenue 51,473 31,000 - 36,800 - 36,800 - TOTAL REVENUES 384,098 465,209 429,868 518,423 1,798 520,221 431,468 EXPENDITURES Administrative P/R-Board of Supervisors 8,000 16,000 12,000 6,000 6,000 12,000 9,000 FICA Taxes 612 1,224 9'8 459 459 918 689 ProfServ-Arbitrage Rebate - - - - - - 600 ProfServ-Dissemination Agent - - 1,500 1,125 375 1,500 1,500 ProfServ-Engineering 42,494 22,878 14,000 21,257 7,086 28,343 14,000 ProfServ-Legal Services 20,844 26,871 10,000 18,463 3,333 21,796 13,000 ProfServ-Mgmt Consulting Sery 37,195 41,793 44,972 33,729 11,243 44,972 46,270 ProfServ-Property Appraiser 5,156 - 6,710 6,710 6,710 6,710 ProfServ-Special Assessment 5,305 5,464 6,200 6,200 - 6,200 6,600 ProfServ-Trustee Fees - - - - - - 5,157 ProfServ-Web Site Maintenance 1,505 773 1,000 750 250 1,000 1,100 Auditing Services 3,823 3,700 3,914 5,800 - 5,800 5,900 Postage and Freight 1,731 2,839 2,500 535 178 713 2,500 Insurance-General Liability 12,040 15,389 15,389 7,750 7,639 15,389 9,389 Printing and Binding 1,450 7,428 1,339 1,442 481 1,923 1,379 Legal Advertising 1,989 3,241 3,700 945 315 1,260 3,000 Misc-Bank Charges - 1 100 1 25 26 100 Misc-Assessmnt Collection Cost 4,428 (613) 8,948 8,621 - 8,621 8,947 Misc-Web Hosting - 47 900 1,612 193 1,805 6,773 Office Supplies - - 100 - 25 25 100 Annual District Filing Fee 175 175 175 175 - 175 175 Total Administrative 146,747 147,210 134,365 121,574 37,602 159,176 142,889 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 1 1611A2 HERITAGE BAY Community Development District General Fund Summary of Revenues, Expenditures and Changes in Fund Balances Fiscal Year 2020 Modified Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL BUDGET THRU JUL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2017 FY 2018 FY 2019 JUN-2019 SEP-2019 FY 2019 FY 2020 Field ProfServ-Field Management 12,731 11,536 12,688 14,141 4,714 18,855 12,830 R&M-Contingency - 198 50 50 84 Capital Outlay 44,550 - - - - - - Total Field 57,281 11,536 12,886 14,141 4,763 18,904 12,914 Lakes and Ponds Contracts-Lake and Wetland 63,947 71,200 71,200 50,400 20,800 71,200 71,200 Contracts-Water Analysis - 10,766 9,861 5,600 4,261 9,861 9,861 Contracts-Water Quality Monitoring 33,807 22,996 27,700 13,850 13,850 27,700 27,700 Contracts-Lakes 30A&30B 12,000 12,000 12,000 12,000 4,000 16,000 24,000 Contracts-Sediment Testing - - 6,675 6,675 - 6,675 6,675 R&M-Aquascaping 1,950 - 8,500 1,000 333 1,333 8,500 R&M-Stormwater System - - 4,000 3,000 - 3,000 4,000 R&M-Lake Erosion 3,000 37,800 84,713 58,400 21,178 79,578 71,024 R&M-Contingency 4,175 - 8,263 3,500 4,763 8,263 3,000 Improvement-Lake Bank Restoration - 29,512 - 40,400 - 40,400 - Reserve-Lakes - - 31,250 - - - 31,250 Reserve-Stormwater System - - 18,455 - - - 18,455 Total Lakes and Ponds 118,879 184,274 282,617 194,825 69,186 264,011 275,665 Debt Service Operating Loan Repayment 167,354 13,141 - - - - - Interest Expense-Note 5,631 1,554 - - - - - Total Debt Service 172,985 14,695 - - - - - TOTAL EXPENDITURES 495,892 357,715 429,868 330,540 111,551 442,091 431,468 Excess(deficiency)of revenues Over(under)expenditures (111,794) 107,494 - 187,863 (109,753) 78,130 - OTHER FINANCING SOURCES(USES) Interfund Transfer-In - 28,232 - - - - - TOTAL OTHER SOURCES(USES) - 28,232 - - - - - Net change in fund balance (111,794) 135,726 - 187,883 (109,753) 78,130 - FUND BALANCE,BEGINNING 395,949 $ 284,154 419,880 419,880 - 419,880 498,010 FUND BALANCE,ENDING $ 284,154 $ 419,880 $ 419,880 $ 607,763 $ (109,753) $ 498,010 $ 498,010 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 2 HERITAGE BAY 16 11 A 2 Community Development District Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance-Fiscal Year 2020 $ 498,010 Net Change in Fund Balance-Fiscal Year 2020 - Reserves-Fiscal Year 2020 Additions 49,705 Total Funds Available(Estimated)-9/30/2020 547,715 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 95,441 (1) Reserves-Erosion Control(Prior years) 14,687 Reserves-Lakes(Prior Years) 93,750 Reserves-Lakes(FY19) 31,250 Reserves-Lakes(FY20) 31,250 156,250 Reserves-Stormwater System(FY18) 18,455 Reserves-Stormwater System(FY19) 18,455 Reserves-Stormwater System(FY20) 18,455 55,365 Reserves-Loan(Prior years) 4,750 Subtotal 326,493 Total Allocation of Available Funds 326,493 Total Unassigned(undesignated)Cash $ 221,222 Notes (1)Represents approximately 3 months of operating expenditures Annual Operating and Debt Service Budget Fiscal Year 2020 Page 3 16I1A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 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 Professional Services-Arbitrage Rebate The District contracted with an independent professional firm to annually calculate the District's Arbitrage Rebate Liability on its bonds. P/R-Board of Supervisors Chapter 190 of the Florida Statutes allows for members of the Board of Supervisors to be compensated$200 per meeting at which they are in attendance. The amount for the Fiscal Year is based upon all supervisors attending all meetings. 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 Districts 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. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 4 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES Administrative(continued) Professional Services-Management Consulting Services The District receives Management, Accounting and Administrative services as part of a Management Agreement with Inframark Infrastructure Management Services. Inframark manages all of the District's financial activities such as accounts payable,financial statements,auditing and budgeting in accordance with the management contract in effect. Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service which is based upon 1.5% of the anticipated Non-Ad Valorem assessment collections. Professional Services-Special Assessment This is the Administrative fees to prepare the District's special assessment roll. Professional Services-Trustee Fees The District pays US Bank an annual fee for trustee services on the Series 2018 Special Assessment Bond. The budgeted amount for the fiscal year is based on standard fees charged plus any out-of-pocket expenses. Professional Services-Web Site Maintenance 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. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 5 1611A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES(continued) Administrative(continued) 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. Office Supplies Supplies used in the preparation and binding of agenda packages,required mailings,and other special projects. Annual District Filing Fee The District is required to pay an annual fee of$175 to the Department of Economic Opportunity Division of Community Development. Field Professional Services-Field Management Field Management Services for the District is performed by Inframark Infrastructure Management Services. This includes the regular inspection of all District assets and contractor performance monitoring. A monthly report is provided for the Board's review to allow for their consideration of issues and action to consider. R&M-Contingency All other field expenses that do not fall into the category described above will be expensed to contingency. Lakes &Ponds Contracts-Lake and Wetland A contract was negotiated with Lake&Wetland Management for monthly lake maintenance of the District's lakes and littoral shelf maintenance which includes approximately 14.52 acres. Fluorodine Treatment was added May 2015. Contracts-Water Analysis A contract was negotiated with CPH for bathymetric to be performed on Lakes. Contracts-Water Quality Monitoring A contract was negotiated with CPH for testing of the lakes and water quality monitoring. Contracts-Lakes 30A&30B A contract was negotiated with Lake&Wetland Management for monthly maintenance of lakes 30A&30B. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 6 16I1A2 HERITAGE BAY Community Development District General Fund Budget Narrative Fiscal Year 2020 EXPENDITURES(continued) Lakes &Ponds(continued) Contracts-Sediment Testing Contract with CPH to do sediment testing in the District lakes. R&M-Aquascaping This is for any repair and maintenance expenses pertaining to the District's lakes that are not covered in the contract, R&M-Stormwater System This is for any repair and maintenance expenses pertaining to the stormwater system. R&M-Lake Erosion This is for any repair and maintenance expenses pertaining to erosion control that are not covered in the contract. R&M-Contingency All other lake expenses that do not fall into the previous repair and maintenance categories will be expensed to contingency. Reserve-Lakes Lake improvement expenses that are projected to occur in the future are appropriated with this account. Reserve-Stormwater System Stormwater system/drainage expenses that are projected to occur in the future are appropriated with this account. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 7 1611A2 HERITAGE BAY Community Development District Debt Service Budget Fiscal Year 2020 1611A2 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Modified Tentative Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL BUDGET THRU JUL- PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2018 FY 2019 JUN-2019 SEP-2019 FY 2019 FY 2020 REVENUES Interest-Investments 3,925 - 13,999 9,999 23,998 $ - Special Assmnts-Tax Collector 16,736 1,689,155 1.689,156 - 1,689,156 1,689,155 Special Assmnts-Discounts 10,263 (67,566) (61,669) - (61,669) (67,566) TOTAL REVENUES 30,924 1,621,589 1,641,486 9,999 1,651,485 1,621,589 I EXPENDITURES Administrative ProfServ-Arbitrage Rebate - 600 600 - 600 ProfServ-Property Appraiser - 25,337 19,629 - 19,629 25,337 ProfServ-Trustee Fees - 5,15/ 7,685 - 7,655 - Misc-Assessrrnt Collection Cost - 33,783 32.550 - 33,783 33,783 Total Administrative - 64,877 60,434 - 61,667 69,120 Debt Service Principal Debt Retirement 16,110,000 990,000 990,000 - 990,000 1,005,000 Principal Prepayments - - 5,000 - 5,000 - Interest Expense 283,983 597,305 597,305 - 597,305 556,688 Cost of Issuance 204,C39 - - - - - DS Bond Discount 281.935 - - - - - Underwriter 160.963 - - - - - Total Debt Service 17,040,920 1,687,305 1,592,305 - 1,692,306 1,561,688 I TOTAL EXPENDITURES 17,040,920 1,652,182 1,652,739 - 1,653,972 1,620,808 Excess(deficiency)of revenues Over(under)expenditures (17,009,996) (30,593) (11,253) 9,999 (2,487) 781 OTHER FINANCING SOURCES(USES) Operating Transfers-In 1,770,429 - - - - - Proceeds of Refunding Bonds 16,095,000 - - - - - Contribution to(Use of)Fund Balance - (30,593) - - - 781 I TOTAL OTHER SOURCES(USES) 17,865,429 (30,593) - - - 781 Net change in fund balance 855,433 (30,593) (11,253) 9,999 (2,487) 781 FUND BALANCE,BEGINNING (1) 855,432 855,432 - 855,432 852,945 FUND BALANCE,ENDING 855,432 824,839 $ 844,179 9,999 $ 852,945 $ 853,726 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 8 1611A2 HERITAGE BAY Community Development District Amortization Schedule 2018 Refunding of Series 2018A-1 and A-2 Special Assessment Refunding Bonds Principal Year Principal Special calls Interest Balance FY Total DS 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 $ 256,078 $ 256,078 $ 1,553,744 5/1/2022 $ 1,055,000 2.50% $ 256,078 $ 1,311,078 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 $ 1,220,000 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 $ 1,180,000 3.50% $ 20,650 $ 1,200,650 11/1/2036 $ 1,200,650 $ 19,870,000 $ 5,979,330 $ 25,849,330 $ 25,849,330 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 9 16I1A 2 HERITAGE BAY Community Development District Debt Service Fund Budget Narrative Fiscal Year 2020 REVENUES Interest-Investments The District earns interest on the monthly average collected balance for their trust accounts. Special Assessments-Tax Collector The District will levy a Non-Ad Valorem assessment on all sold and platted parcels(using the uniform method)within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessments-Discounts Per Section 197.162 and Section 197.3632 of the Florida Statutes,discounts are allowed for early payments of assessments collected by the Tax Collector and only when the Tax Collector is using the uniform methodology. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. EXPENDITURES Administrative Professional Services-Property Appraiser The Property Appraiser provides the District with a listing of the legal description of each property parcel within the District boundaries,and the names and addresses of the owners of such property.The District reimburses the Property Appraiser for necessary administrative costs incurred to provide this service.The property appraiser cost is based upon 1.5%of the anticipated Non-Ad Valorem assessment collections. Miscellaneous-Assessment Collection Costs The District reimburses the Collier County Tax Collector for necessary administrative costs. Per the Florida Statutes, administrative costs shall include, but not be limited to, those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The District also compensates the Tax Collector for the actual cost of collection or 2%on the amount of special assessments collected and remitted,whichever is greater. The assessment collection cost is based on a maximum of 2%of the anticipated assessment collections. Debt Service Principal Debt Retirement The District pays regular principal payments annually in order to pay down/retire the debt. Interest Expense The District makes semi-annual interest payments on the outstanding debt. Annual Operating and Debt Service Budget Fiscal Year 2020 Page 10 1 6 1 1 A 2 HERITAGE BAY Community Development District Supporting Budget Schedules Fiscal Year 2020 16I1A 2 HERITAGE BAY Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2020 vs. Fiscal Year 2019 General Fund Series 2018 Debt Service Total Assessments per Unit Units FY 2020 FY 2019 Percent ' FY 2020 FY 2019 Percent i' FY 2020 FY 2019 Percent Product Change Change Change Executive $357.89 $357.89 0% $1,928.85 $1,928.85 0% i $2,286.74 $2,286.74 0% 0 139 . Classics $357,89 $357.89 0% $3,050.09 $3,050.09 0% $3,407.98 $3,407.98 0% 95 Classics II $357.89 $357.89 0% $3,294.57 $3,294.57 0% $3,652.46 $3,652.46 0% 18 Coach $357.89 $357.89 0% $1,361.54 $1,361.54 0% t' $1,719.43 $1,719.43 0% 184 2 Story $357.89 $357.89 0% $1,134.62 $1,134.62 0% $1,492.51 $1,492.51 0% 364 4 Story $357.89 $357.89 0% $907.69 $907.69 0% $1,265.58 $1,265.58 0% 450 H 1250 Annual Operating and Debt Service Budget Fiscal Year 2020 Page 11 1611A2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2018 16I1Ai 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 ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT 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 1611A2 951 Yamato Road•Suite 280 Boca Raton, Florida 33431 Grath. ss c.1 s (561)994-9299•(800)299-4728 Fax (561)994-5823 ('l•IUI'I FI F I) 1?Ll I 1-I C AC( I 1 ANIS www.graucpa.com INDEPENDENT AUDITOR'S REPORT To the Board of Supervisors Heritage Bay Community Development District Collier County, Florida Report on the Financial Statements 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 30,2018,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 financial 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 audit opinions. 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 30,2018, 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. 1611A2 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 24,2019,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 the effectiveness of the District's 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 24,2019,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 24,2019 2 1611A2 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, 2018. 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($8,085,719). • The change in the District's total net position in comparison with the prior fiscal year was($393,337), a decrease. 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 30,2018,the District's governmental funds reported combined ending fund balances of $1,987,580,an increase of$586,483 in comparison with the prior fiscal year.The total fund balance is restricted for debt services and capital projects,assigned to 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.Over time, 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 special assessment revenues. The District does not have any business-type activities. The governmental 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. 3 1611A 2 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 narrower than that of 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 four 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,debt services,and capital projects funds,all 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 over time 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 POS MON SEPTEMBER 30, 2018 2017 Current and other assets $ 2,229,863 $ 1,438,653 Capital assets,ne:of depreciation 10,057,282 7,807,019 Total assets 12,287,165 9,245,672 Current liabilities 502,884 292,631 Long-term liabilities 19,870,000 16,645,423 Total liabilities 20,372,884 16,938,054 Net position Net investment in capital assets (9,099,850) (8,838,404) Restricted 594,851 861,866 Unrestricted 419,280 284,156 Total net position $ (8,085,719) $ (7,692,3821 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. 4 1611A2 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 decreased during the most recent fiscal year. The majority of the decrease represents the extent to which the cost of operations and depreciation expense exceeded ongoing program revenues. 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, 2018 2017 Revenues: Program revenues $ 1,727,585 $ 1,595,298 General revenues 34,337 52,952 Special item-gain on retirement of debt 184,100 - Total revenues and special item 1,946,022 1,648,250 Expenses: General government 161,038 184,159 Maintenance and operations 681,638 681,058 Interest 597,549 630,335 Cost of debt issuance 899,134 - Total expenses 2,339,359 1,495,552 Change in net position (393,337) 152,698 Net position-beginning (7,692,382) (7,845,080) Net position-ending $ (8,085,719) $ (7,692,382) As noted above and in the statement of activities,the cost of all governmental activities during the fiscal year ended September 30, 2018 was $2,339,359. The costs of the District's activities were primarily funded by program revenues. Revenues increased during the fiscal year as a result of an increase in per unit assessment for the general fund. In total, expenses increased from the prior fiscal year,the majority of the increase was the result of bond issuance costs. GENERAL BUDGETING HIGHLIGHTS An operating budget was adopted and maintained by the governing board for the District pursuant to the requirements of Florida Statutes.The budget is adopted using the same basis of accounting that is used 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. Actual general fund expenditures did not exceed appropriations for the fiscal year ended September 30, 2018. CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets At September 30,2018,the District had$18,516,191 invested in capital assets for its governmental activities. In the government-wide financial statements depreciation of$8,458,909 has been taken,which resulted in a net book value of$10,057,282.More detailed information about the District's capital assets is presented in the notes of the financial statements. Capital Debt At September 30, 2018, the District had $19,870,000 in Bonds outstanding for its governmental activities. More detailed information about the District's capital debt is presented in the notes of the financial statements. 5 16I1A2 ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND OTHER EVENTS The District does not anticipate any major projects or significant changes to its infrastructure maintenance program for the subsequent fiscal year. In addition,it is anticipated that the general operations of the District will remain fairly constant. 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. 6 1611A 2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA STATEMENT OF NET POSITION SEPTEMBER 30,2018 Governmental Activities ASSETS Cash and cash equivalents $ 417,129 Due from other governments 36,229 Restricted assets: Investments 1,776,525 Capital assets: Nondepreciable 2,800,602 Depreciable, net 7,256,680 Total assets 12,287,165 LIABILITIES Accounts payable 15,053 Contracts payable 227,250 Accrued interest payable 260,581 Non-current liabilities: Due within one year 990,000 Due in more than one year 18,880,000 Total liabilities 20,372,884 NET POSITION Net investment in capital assets (9,099,850) Restricted for debt service 594,851 Unrestricted 419,280 Total net position $ (8,085,719) See notes to the financial statements 7 %v ® - Q COWig MINI 1,- & / @ERR2c$ a) 2k 2 . EN- 1- w non ,- nnw = V3cc k2 k ¢ I / ® / / $ / % % ® m .— o E :— aco33 nco � S % E2 N-7 cd W > E O > < } Ce / 0 _ - 0 , w w c§ co. . co Lo ` 6L o. % 02t 0 0 (..) - C \a E =2 0 , , , r) > E _ - o / I ) 6 / 2 2 " a) c cnkuj § 2000 ) E 3 � r � 7 0 _ ID 3 al aLuu. i- c 27g £ TA / - 2a < 2 @ @ 7 7 ® E C 2 � E22 @ * � k \ \ © kg / E § 0e & / ® / § � � m § � ■ 2 � ® / � � � k � .c 111 = cc # = B \ \ � �� � / KC) 22 $ co \ t � - Sk � k a) CO ® \ Q c = n e m « 5 - - - S ■ - ¥ co r = n E ,_ 5 a) _ co m \ } k k 2 a s FEa } _ o Iozz U- r 2 . 2 � 72 -8 \ \ 70 [ f E f \ E 7 / § E a ; o e 2 2 / ! E 2 % o m c ' g o 2 & > ` — _ — .- — § \ g [ 3 m o ; § » + E \ $ \ / \ C 3 0 2 z 0 2a � 1611A 2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA BALANCE SHEET GOVERNMENTAL FUNDS SEPTEMBER 30,2018 Major Funds Total Debt Service Debt Service Capital Governmental General Series 2014 Series 2018 Projects Funds ASSETS Cash and cash equivalents $ 417,129 $ - $ - $ - $ 417,129 Investments - - 828,433 948,092 1,776,525 Due from other governments 9,230 - 26,999 - 36,229 Total assets $ 426,359 $ - $ 855,432 $ 948,092 $ 2,229,883 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ 6,479 $ 600 $ - $ 7,974 $ 15,053 Contracts payable - - - 227,250 227,250 Total liabilities 6,479 600 - 235,224 242,303 Fund balance: I Restricted for: Debt service - (600) 855,432 - 854,832 Capital projects - - - 712,868 712,868 Assigned to: Operating reserves 95,041 - ,_ - 95,041 Reserves-Lake Erosion 14,687 - - - 14,687 Reserves- Lakes 93,750 - - - 93,750 Reserves-Stormwater System 18,455 - - - 18,455 Reserves- Loan 4,750 - - - 4,750 Unassigned 193,197 - - - 193,197 Total fund balance 419,880 (600) 855,432 712,868 1,987,580 Total liabilities and fund balance $ 426,359 $ - $ 855,432 $ 948,092 $ 2,229,883 See notes to the financial statements 9 1611A2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA RECONCILIATION OF THE BALANCE SHEET-GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION SEPTEMBER 30,2018 Total fund balances- governmental funds $ 1,987,580 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 18,516,191 Accumulated depreciation (8,458,909) 10,057,282 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 (260,581) Bonds payable (19,870,000) (20,130,581) Net position of governmental activities $ (8,085,719) See notes to the financial statements 10 1611A2 HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT COLLIER COUNTY, FLORIDA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED SEPTEMBER 30,2018 Major Funds Total Debt Service Debt Service Capital Governmental General Series 2014 Series 2018 Projects Funds REVENUES Assessments $ 430,872 $ 1,243,594 $ 26,999 $ - $ 1,701,465 Other revenues 31,000 - - - 31,000 Interest 3,337 6,208 3,925 15,987 29,457 Total revenues 465,209 1,249,802 30,924 15,987 1,761,922 EXPENDITURES Current: General government 147.210 13,828 - - 161,038 Maintenance and operations 131,299 - - - 131,299 Debt Service: Principal 12,725 - 16,110,000 69,921 16,192,646 Interest 1,970 306,090 283,983 - 592,043 Deferred cost obligation - 268,677 - - 268,677 Cost of issuance - - 646,938 252,196 899,134 Capital outlay 64,513 - - 2,736,089 2,800,602 Total expenditures 357,717 588,595 17,040,921 3,058,206 21,045,439 Excess(deficiency)of revenues over(under)expenditures 107,492 661,207 (17,009,997) (3,042,219) (19,283,517) OTHER FINANCING SOURCES Transfers in 28,232 - 1,770,429 21,127 1,819,788 Transfers(out) - (1,778,748) - (41,040) (1,819,788) Bond proceeds - - 16,095,000 3,775,000 19,870,000 Total other financing sources 28,232 (1,778,748) 17,865,429 3,755,087 19,870,000 Net change in fund balance 135,724 (1,117,541) 855,432 712,868 586,483 Fund balance-beginning 284,156 1,116,941 - - 1,401,097 Fund balance-ending $ 419,880 $ (600) $ 855,432 $ 712,868 $ 1,987,580 See notes to the financial statements 11 1611A2 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 30,2018 Net change in fund balances-total governmental funds $ 586,483 Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report the face amount of Bonds issued as financial resources when debt is first issued, whereas these amounts are eliminated in the statement of activities and recognized as long- term liabilities in the statement of net position. (19,870,000) 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. 2,800,602 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. 16,461,323 The gain on the retirement of debt is not recognized in the governmental fund financial statements, but is reported as a special item in the statement of activities. 184,100 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. (5,506) Depreciation on capital assets is not recognized in the governmental fund financial statements, but is reported as an expense in the statement of activities. (550,339) Change in net position of governmental activities $ (393,337) See notes to the financial statements 12 16I1A2 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 1611A2 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 Funds The debt service funds are used to account for the accumulation of resources for the annual payment of principal and interest on long-term debt. Capital Proiects Fund This fund accounts for the financial resources to be used for the acquisition or construction of major infrastructure within the District. 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 1611A2 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 assets,which include property,plant and equipment,and infrastructure assets(e.g.,roads,sidewalks and 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 assets lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Property,plant and equipment of the District are depreciated using the straight-line method over the following estimated useful lives: Assets Years 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 16I1A2 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 Outflowsllnflows of Resources In addition to assets,the statement of financial position will sometimes report a separate section for deferred outflows of resources.This separate financial statement element,deferred outflows of resources,represents a consumption of net position that applies to a future period(s)and so will not be recognized as an outflow of resources(expense/expenditure)until then. In addition to liabilities,the statement of financial position will sometimes report a separate section for deferred inflows of resources.This separate financial statement element,deferred inflows of resources,represents an acquisition of net position that applies to a future period(s) and so will not be recognized as an inflow of resources(revenue)until that time. 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. Assigned fund balance — Includes spendable fund balance amounts established by the Board of 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 16I1A2 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 4—DEPOSITS AND INVESTMENTS 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 any applicable deposit insurance held. The percentage of eligible collateral (generally, U.S. Governmental and 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 1611A2 NOTE 4—DEPOSITS AND INVESTMENTS (Continued) Investments The District's investments were held as follows at September 30,2018: Investment Amortized cost Credit Risk Maturity First American Government Obligation Weighted average of the Fund CL Y $ 1,776,525 S&P AAAm fund portfolio:26 days Total Investments $ 1,776,525 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 a ny 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—INTERFUND TRANSFERS Interfund transfers for the fiscal year ended September 30, 2018 were as follows: Fund Transfer in Transfer out General $ 28,232 $ - Debt service Series 2014 1,770,429 - Debt service Series 2018 - 1,778,748 Capital projects 21,127 41,040 Total $ 1,819,788 $ 1,819,788 Transfers are used to move revenues from the fund where collection occurs to the fund where funds have been reallocated for use. In the case of the District,transfers were the result of the issuance of the new Bond series. 18 16I1A2 NOTE 6—CAPITAL ASSETS Capital asset activity for the fiscal year ended September 30,2018 was as follows: Beginning Balance Additions Reductions Ending Balance Governmental activities Capital assets,not being depreciated Construction in progress $ - $ 2,736,089 $ - $ 2,736,089 Land improvements - 64,513 - 64,513 Total capital assets,not being depreciated - 2,800,602 - 2,800,602 Capital assets,being depreciated Infrastructure 15,715,589 - - 15,715,589 Total capital assets,being depreciated 15,715,589 - - 15,715,589 Less accumulated depreciation for: Infrastructure 7,908,570 550,339 - 8,458,909 Total accumulated depreciation 7,908,570 550,339 - 8,458,909 Total capital assets,being depreciated,net 7,807,019 (550,339) - 7,256,680 Governmental activities capital assets,net $ 7,807,019 $ 2,250,263 $ - $ 10,057,282 Depreciation expense was charged to maintenance and operations function. NOTE 7—LONG-TERM LIABILITIES Series 2018 On April 11,2018,the District issued$16,095,000 of Capital Improvement Revenue Refunding Bonds,Series 2018A-1 and$3,775,000 Capital Improvement Bond Series 2018A-2 due on May 1,2036 with interest rates ranging from 2.0% to 3.5%. The 2018A-1 Bonds were issued to refund the Series 2014 Bonds while the 2018A-2 Bonds were issued to finance the cost of construction for the 2018 project. Interest is to be paid semiannually on each May 1 and November 1,commencing November 1,2018. Principal on the Bonds is to be paid serially commencing May 1, 2019 through May 1,2036. Series 2018A-1 Bonds are subject to optional and extraordinary mandatory redemption at the times, in the amounts and at the redemption prices.Series 2018A-2 Bonds are not subject to optional redemption but are subject to extraordinary mandatory redemption at the times,in the amounts and at the redemption prices,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 30,2018. Refunded Bonds The District currently refunded the Series 2014 Bonds,which had an outstanding balance of$16,110,000 at the time of the refunding,with the proceeds from the Series 2018A-1 Bonds and funds on hand.The refunding was a current refunding. 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 liability was estimated at$1,474,304.A liability balance of$452,777 existed at the end of the prior fiscal year. During the current fiscal year, the District and the Developer executed a Deferred Costs Acknowledgment and Release whereby the Developer agreed to accept$268,677 in full satisfaction of the District's obligation to pay deferred costs.As a result,a gain on extinguishment of debt of$184,100 has been reported as a special item in the statement of activities. 19 161142 NOTE 7—LONG-TERM LIABILITIES(Continued) Long-term Debt Activity Changes in long-term liability activity for the fiscal year ended September 30, 2018 were as follows: Beginning Due Within Balance Additions Reductions Ending Balance One Year Governmental activities Bonds payable: Series 2015 LOC $ 82,646 $ - $ 82,646 $ - $ Series 2014 16,110,000 - 16,110,000 - - Deferred cost obligation 452,777 - 452,777 - - Series 2018 - 19,870,000 - 19,870,000 990,000 Total $ 16,645,423 $19,870,000 $ 16,645,423 $ 19,870,000 $ 990,000 At September 30, 2018,the scheduled debt service requirements on the long-term debt were as follows: Year ending Governmental Activities September 30: Principal Interest Total 2019 $ 990,000 $ 597,305 $ 1,587,305 2020 1,005,000 556,688 1,561,688 2021 1,030,000 535,331 1,565,331 2022 1,055,000 512,156 1,567,156 2023 1,090,000 485,781 1,575,781 2024-2028 5,925,000 1,965,969 7,890,969 2029-2033 5,355,000 1,088,125 6,443,125 2034-2036 3,420,000 237,975 3,657,975 Total $ 19,870,000 $ 5,979,330 $ 25,849,330 NOTE 8—DEFICIT NET POSITION The District has a government-wide net position deficit of($8,085,719)as of September 30,2018. 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. In a 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 9—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 10—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. There were no settled claims during the past three years. 20 1611A2 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 30,2018 Variance with Final Budget- Budgeted Actual Positive Original & Final Amounts (Negative) REVENUES Assessments $ 429,470 $ 430,872 $ 1,402 Other revenue - 31,000 31,000 Interest 400 3,337 2,937 Total revenues 429,870 465,209 35,339 EXPENDITURES Current: General government 123,949 147,210 (23,261) Physical environment 2,058,039 131,299 1,926,740 Debt Service: Principal 30,660 12,725 17,935 Interest 30,263 1,970 28,293 Capital outlay - 64,513 (64,513) Total expenditures 2,242,911 357,717 1,885,194 Excess (deficiency)of revenues over(under)expenditures $ (1,813,041) 107,492 $ 1,920,533 OTHER FINANCING SOURCES Loan/Note proceeds 1,813,041 - (1,813,041) Transfer in (out) - 28,232 28,232 Total other financing sources 1,813,041 28,232 (1,784,809) Net change in fund balances $ - 135,724 $ 135,724 Fund balance-beginning 284,156 Fund balance-ending $ 419,880 See notes to required supplementary information 21 1611A2 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.Actual general fund expenditures did not exceed appropriations for the fiscal year ended September 30,2018. 22 1611A2 951 Yamato Road•Suite 280 Boca Raton, Florida 33431 �t1,r^1 ate (561)994-9299• (800)299-4728 ir EM4L7 Fax (561)994-5823 t k l 'l lF I I I'lIRI 94 U:f;t)I1 I:1N I'," www.graucpa.com ____,) INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 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, 2018,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 24, 2019. 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 internal 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 1611A2 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. „g, June 24, 2019 24 161142 951 Yamato Road•Suite 280 Boca Raton, Florida 33431 ,�^� � (561)994-9299• (800}299-4728 rj ti,:1tr Associates Fax (561)994-5823 (',t;lt 111H I 1 p ',Will(l l( ,4t COLI N~ANI www.graucpa.com c.,........, 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 30,2018.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, 2018. 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 24, 2019 25 1611A2 951 Yamato Road•Suite 280 Boca Raton, Florida 33431 I' ll r� & Associates (561)994-9299•(800)299-4728 Fax (561)994-5823 -1.14.'11H} I i'i l Ii I t� � .�:rk.I"�t www.graucpa.com MANAGEMENT LETTER PURSUANT TO THE RULES OF THE AUDITOR GENERAL FOR THE STATE OF FLORIDA 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 30,2018,and have issued our report thereon dated June 24,2019. 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 24, 2019, 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 Auditor 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. .✓k 44, c�tia June 24, 2019 26 1611A2v- REPORT TO MANAGEMENT I. CURRENT YEAR FINDINGS AND RECOMMENDATIONS None II. 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 30,2017. 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 30,2018. 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 30,2018. 4. The name or official title and legal authority of the District are disclosed in the notes to the financial statements. 5. The District has not met one or more of the financial emergency conditions described in Section 218.503(1), Florida Statutes. 6. We applied financial condition assessment procedures and no deteriorating financial conditions were noted as of September 30,2018.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 1611A2 Agenda Page 163 NOTICE OF MEETING SCHEDULE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Heritage Bay Community Development District will hold their meetings for Fiscal Year 2019/2020 in the Heritage Bay Clubhouse, 10154 Heritage Bay Boulevard,Naples Florida, at 9:00 a.m.as follows: October 3,2019 November 7,2019 December 5,2019 January 2,2020 February 6,2020 March 5,2020 April 2, 2020 May 7, 2020 June 4,2020 July 2, 2020 August 6,2020 September 3,2020 The meetings are open to the public and will be conducted in accordance with the provision of Florida Law for Community Development Districts. The meetings may be continued to a date,time,and place to be specified on the record at the meeting. There may be occasions when one or more Supervisors will participate by telephone. Any person requiring special accommodations at these meetings because of a disability or physical impairment should contact the District Manager's Office at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955-8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the District Manager's Office. Each person who decides to appeal any action taken at these meetings 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 such appeal is to be based. Justin Faircloth District Manager 1611A2 6INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 06/20/19 — Field Management Report www.inframarkims.com Inspected on:6/20/19 by:Tim Hall 1611A2 1. Lake Management The water levels are fairly consistent with the levels from last month and may be starting to rise now that the summer rains appear to have started. No flow issues with the storm water system were noted. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. a. Algae on Lakes: Low density of algae on lakes 1,2, 3,4,5,6,7,8, 12, 15, 18,and 25. - i. - Lake 6 Lake 5 b. Littorals: i. Alligator Flag in Lakes: None noted C. Rocks: No new issues observed. d. Weeds: i. Alligator Weed in Lakes: No new issues observed. ii. Brazilian Pepper: No new issues observed. ii. Cattails in Lakes: No new issues observed Climbing Hemp Vine in Lakes: No issues observed. Dollar Weed in Lakes: No issues observed. Hydrilla in Lakes: Patch of hydrilla observed in Lake 19. a 1 i Lake 19 Inframark Monthly Management Report 1 16I1A2 Illinois Pond Weed in Lakes: Moderate amount of Illinois Pond Weed—some has been treated. Lakes 6, 14, 15, 16, 19,24,and 30 A-B. 1i Lake 15 II Palms on Lake Banks: No new issues observed. Red Ludwigia in Lakes:Minor amounts noted in Lakes 6 and 11 x Sedges in Lakes: No issues observed. x'. Spatterdock/Lily Pads in Lakes: Nymphaea noted in Lake 3. Torpedo Grass In Lakes: In small amounts around lakes 6,9, 11, 12, 15, 17, 19,20,21, 24, 25, 26,and 30 B. '�, . #"' �" •.Y�'� ^do-, y 41, Lake 15 Lake 30 B Inframark Monthly Management Report 2 16 11A 2 Lake 30 B northeast littoral area becoming infested with torpedo grass. �k33��-.yy Various Submerged weeds in Lakes: Chara noted in Lake 3 a Trash in Lakes:Shoe noted in Lake 20 and large plastic sheet in Lake 30 B Outfall. • Lake 20 Lake 30 B Inframark Monthly Management Report 3 1611A2 e. Bulkheads:Weeds in bulkheads near clubhouse. Lake 19 -, „.„,fix. ''., A, 1 A i i dVi .14 a` .4 Lake 19 f. Clippings in Lakes: West bank of Lake 19 has been redone but there are clippings in the water. ,dR�nbi01({8v4(40((0(001111(1(UIq(I(Nllil(!itikktallltn''i .. Lake 19 2. Lake Bank Erosion ?: Lake 19: Erosion in east corner near clubhouse. t?,: R '- 'mow. `>S- Inframark Monthly Management Report 4 16I1A2 i:'. Lake 6: Minor erosion under new sod by tee. Lake 12: Erosion by Tee has exposed the pipes along the shoreline. b '� . ,w,,7,p4.411.4.,4, .„. 440'.,i,,,,,',,, CP.* - ..',42......e,-..-$1, j.,..,A .., .e.vit,!"*"."Ifi p TR•- i .q,4.4.4.7.:,',., ,,,:...7 >� '.. lis; i T voho.' ''.. .., • ,....4\,. . ,..,:t ;, .. . .. ire4 ...:‘ . ,Cfr_.".' . ,,'''''',t,t .t it t -d5. 2 _:': Lake 4: Erosion at turn to south end of lake. r L A- -Jo 44,- ',r- 1•. ' ,t .1`1 �' 4'4 '*�`', tikes -*,-0,- ""rr,-.».. '''''°-17'..44" s. ' 'I` 4 ,w.0, ,4, b k s-- t.?,.,.- q M An7'" awa? 'saf� a .. ,.. . -_-1-,- ... _ r.v mac. .. � �'s1;4,---7. „. We. �:' _.`,4?-!,„.."0 > Inframark Monthly Management Report 5 161142 Lake 3: Broken pipe causing a hole with some bank erosion. • w3 . Lake 5: Erosion near boxes is no worse than 5/21 inspection. Repaired pipe by path turn eroding again and rip rap is sinking. . x .. '�,. . . , ' " %tea+-dj,. tio � P .^Mf: 44 em.._ i + s 3. Storm Drainage System Control Structures: i. Basin 1: Control Structure L3/L10 was not flowing. ii. Basin 2: Control Structure L6/L20 was not flowing.Control Structure L12/L20 was not flowing. Basin 3: Control Structure L25L30 was not flowing. iv. Basin 4&5: Control Structure L28/L30 was not flowing. v. Basin 6:Control Structure L30/C00O3 not flowing. Rip-rap along eastern shoreline completed except for sidewalk repair. Inframark Monthly Management Report 6 1611A2 '4r . v , i# -''' 't':ii ., . ,,,4,,,... .. =WA',A.A.'..-.. i:C;.....-+;,:417r3,,f;t1°::::' ', �� F,.r 7 te. � � � x .. , Control Structure L30/C00O2 not flowing. Baffle on control structure completed. Fence posts installed but fencing not yet installed. tF t, ,.. Wig 7- ,per'. , ^t ' .r —r- y' +m. e7,;^. w • F. Drains: No major issues observed c, Roadway Catch Basins: No issues observed. d. Catch Basins: No new issues observed. P. Inter-Connect/Drain Pipes: No new issues observed 1. Illicit Discharges: No issues observed. g. Lake Drainage Pipes: No new issues observed 4. Fish/Wildlife Observations: I Bass ❑ Bream ❑Catfish ® Gambusia ® Egrets ® Herons ❑Coots ® Gallinules ®Anhinga ® Cormorant Osprey ® Ibis n Wood stork ❑Otter ®Alligators ❑Snakes ®Turtles ❑ Other: 5. Residential Complaints/Concerns: None reported. Inframark Monthly Management Report 7 1611A2 6. Non-CDD Issues: Leaking pipe noted last month in grass area next to Lakes 28 and 30 A still under repair. r • L • teF � as.‘','''''::'.7.5,,-,4:: AI*.Fa ;. ,,,iir T4„E.'"*......--t-Ars,ppto -0,,.. -, - ... y-_.'1,-,, 9, s t� x- a b ,wE,�.._ Y a Valve box on east side of Lake g30A missing lid. May be leaking under sidewalk. }4 $ j A 7�f'z, k�+ r- S14)1 a.,.1! 4 # Jt s" Sf k ‘Isitill, NI,# ;'51. 61 R4 �►}^ s A, la, Inframark Monthly Management Report 8 1611A2 OINFRAMARK e° INFRASTRUCTJRE MANAGEMENT SERVICES Heritage Bay CDD 07/25/19 — Field Management Report www.inframarkims.com Inspected on:7/25/19 by:Tim Hall 1611A2 1. Lake Management The water levels are much higher than the levels from last month.The summer rains appear to have started and lake levels have risen drastically. Some standing water was noted on the golf course and all interconnects are flowing well. No flow issues with the storm water system were noted.Views of submerged vegetation were limited by higher water levels. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. a. Algae on Lakes: Low density of algae on lakes 1,4, 5,6, 7,8, 10, 12, 18,21,and 27. kv r rim 3 Lv Lake 6 Lake 27 b. Littorals: i. Alligator Flag in Lakes:A single plant noted on south end of Lake 10 C. Rocks: Weeds getting denser in rocks along the south side of Lake 30A. e fi "WAY: Yf • il ,mow �,, • 4' ` r Inframark Monthly Management Report 1 1611A2 d. Weeds: Alligator Weed in Lakes: No new issues observed. i. Brazilian Pepper: No new issues observed. Cattails in Lakes: No new issues observed iv, Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: No issues observed. vi. Hydrilla in Lakes: No issues observed. vii. Illinois Pond Weed in Lakes: Moderate amount of Illinois Pond Weed—most of it submerged due to high water levels. Observed emergent in Lakes 19, 20,30A and 30B. st- }�1 Lake 19 viii. Palms on Lake Banks: No new issues observed. x. Red Ludwigia in Lakes: Minor amounts noted in Lake 29 Lake 29 Sedges in Lakes: No issues observed. Inframark Monthly Management Report 2 1611A2 Spatterdock/Lily Pads in Lakes: Nymphaea noted in Lake 3 at higher density than previous month. _ r-4 xii. Torpedo Grass in Lakes: In small amounts around lakes 4,6,9, 11, 19,20,23,24,27,29, and 30 B. t v ai. wYv� 8 • • V Y Lake 20 Lake 11 Lake 30 B northeast littoral area becoming more infested with torpedo grass. ,�• sem - Inframark Monthly Management Report 3 1611A 2 >'ilVarious Submerged weeds in Lakes: Chara noted in Lakes 3 and 10 Lake 10 e. Trash in Lakes: Cup noted floating in Lake 1. Palm frond noted in Lake 29 #I pL -40\ - 1 1�7J ,., 4 Lake 1 Lake 19 f. Bulkheads: Weeds in bulkheads near clubhouse. Lake 19 Ulf INA Imo 4 4,411-1 Lake 19 . Clippings in Lakes: All lakes had clipping in them. The high rainfall amounts coupled with the golf course maintenance activities resulted in a lot of grass clippings getting into the lakes. Inframark Monthly Management Report 4 16I1A2 arm# Lake 2 2. Lake Bank Erosion Lake 4: Minor erosion on back side of hill slope along Hole#14 fairway. Yi J. Lake 9: Minor erosion on north end by riprap. Probable cause is standing water area between house and cartpath. 11 ' itts 4r1 11011e4 iJ�� avq + sx . sgr'uaS+S�� J 4 �t l c:. Lake 13: Pipes on south end a bit more exposed than last month.Some erosion undercutting cordgrass. Inframark Monthly Management Report 5 1611A2 e: V G f r. -;:f.. Lake 22: Minor erosion by rock and central sluice way. x ct , 44^xs k, - Y -t � fr.,is. •.44-.1k-1,41:•• ,t: fit': .. i', Lake 26: Bank erosion channel forming on east end of lake. .y a r 3. Storm Drainage System Control Structures: i. Basin 1: Control Structure L3/L10 was flowing strongly. ii. Basin 2: Control Structure L6/L20 was flowing strongly. Control Structure L12/L20 was flowing strongly. iii. Basin 3: Control Structure L25L30 was flowing strongly. Inframark Monthly Management Report 6 1611A2 iv. Basin 4&5: Control Structure L28/130 was not flowing but at equilibrium over top of baffle. V. Basin 6:Control Structure L30/C00O3 was flowing very strongly. Control Structure L30/C00O2 was flowing very strongly.Skimmer on control structure has been installed,but additional bracing will be installed soon by Q.E. Fencing completed around weir. a4 - � g( a r-. be - h. Drains: Many drains partially or completely blocked by grass debris. Golf course was working to clear drains along the course. Lake 10 Lake 10 r� Vis'' - r. _. / ■i 4f01.--c • • Lake 9 Lake 11 Inframark Monthly Management Report 7 1611A2 Roadway Catch Basins: No issues observed. . Catch Basins: Basin in area immediately to the south of the driving range has one grate not seated in basin. _ .fir" -** e , t y - ' '' t .40,0- :e. Inter-Connect/Drain Pipes: No new issues observed (, Illicit Discharges: No issues observed. ,. Lake Drainage Pipes: No new issues observed 4. Fish/Wildlife Observations: ® Bass ® Bream ❑Catfish ®Gambusia ® Egrets ❑ Herons ❑Coots ®Gallinules fAnhinga ❑ Cormorant ❑Osprey ® Ibis n Wood stork ❑Otter ®Alligators ❑Snakes ®Turtles ❑Other: Turkeys 5. Residential Complaints/Concerns: None reported. Inframark Monthly Management Report 8 1611A2 6. Non-CDD Issues: Leaking pipe noted last month in grass area next to Lakes 28 and 30 A still under repair. b y t Valve box on east side of Lake 30A still missing lid. Irrigation break or leakage still evident. Itom. R:fir14:014. *,,, '''. I..9,74,Z. 0,,• t.4 i' ,,,,1:1.,7.1. - ' ,, ,,..*::-If, .'t.- . ;'::::u: "'''''.1:', .,s,-:?7,;.,..tk-, ,,,k,4 v,7.-, .r � � 9,i i...,„ . „, , , ,,,,, , ''‘,t'''''',44::*.si A:=00"*.,,,f,4,ii 'InIt'''''Ill''' ,"'‘,-A 14fr. '7,,,,,,,_$.. ,,,,:4- -i.,-.4:4_` ,i,c,'- , . ,,%,,--tv . ,..,,,A4J,1,144.4, 44, ,,„:„ ., 44,,,c , , ,, , „ ,.,,.. ; _,...,,, „,i, •i 4. #' .r-'� ,,YVx. ,i ' •• '1 •' t `3i ire,'.° Valve box on south side of Lake 23 missing lid. ...601,.,'. k V 9 Inframark Monthly Management Report 1611A2 Lake &`IVetland MANAGEMENT SPECIAL SERVICE AGREEMENT June 21, 2019 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Description Below observations were noted on Wednesday, June 19th Lake 1 - Minimal weeds, will be treated next visit. Lake 2 - No issues noted, healthy littorals. Lake 3 - No issues noted, slender spike rush is gone. Lake 4 - Chara noted, will treat next visit. Plantings doing good. Lake 5 - Some algae, will be treated next visit. Plantings doing good. Lake 5 plantings Z 4 s • r > ir-n t f� ,114, { ` 5 A T 1611A2 Lake 6 - Some algae, minimal pondweed & hydrilla noted, will treat next visit. Lake 6, minimal algae ;10' 1 � a Lake 7 - Minimal pondweed noted, will treat next visit. Healthy littorals Lake 8 - Minimal pondweed & hydrilla noted, will treat next visit. Lake 9 - Recommend planting littorals to enhance aesthetics. Lake 10 - Small washout on west bank. Lake 10 - small washout 53y 1611A 2 Lake 11 - Minimal pondweed noted, will treat next visit Lake 12 - No issues noted Lake 13 - Pondweed/hydrilla noted, some algae, will treat next visit Lake 14 - No issues noted. Recommend planting littorals on west lake bank. Lake 15 - Minimal pondweed noted (see picture), will be treated next visit. Lake 16 - Minimal pondweed noted, will treat next visit. Lake 17 - No issues noted. Healthy littorals. Lake 18 - No issues noted. Lake 19 - No issues noted. Lake 20 - Minimal pondweed noted, will treat next visit. Lake 21 - Grading going on here, lake not clear. Healthy littorals Lake 22 - No issues noted. Healthy littorals. Lake 23 - No issues noted. Lake 24 - Minimal pondweed, will be treated next visit. Lake 25 - No issues noted. Lake 26 - Grading going on here, lake not clear. Healthy littorals. Lake 27 - Grading going on here, lake not clear. Healthy littorals. Lake 28 - No issues noted Lake 29 - No issues noted. Lake 30A - Pondweed dying, will rake it next truxor visit. Lake 30A - dead pondweed' • t •SY %vY t X } • f Por ."• �. ,} ti 1611A2 Lake 30B - Very clear, raked the pondweed last week. Minimal weeds along rip rap, very good overall. C M Summary: Torpedo grass and weeds are growing faster now since the beginning of the heavy rains. We will stay on top of it to keep them at minimum during the summer months. 30A still needs to be raked but we will do so in the next truxor visit. 30B looks great, very clear and clean. 1611A2 Lake &Wetland MANAGEMENT SPECIAL SERVICE AGREEMENT July 19, 2019 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Description Below observations were noted on Friday, July 19th. Lake 1 - Minimal algae, will be treated next visit. Spike rush spreading and growing, Lake 2 - Minimal algae, will treat next visit. Lake 3 - Algae along rip rap, spatterdock noted, will treat next visit. Lake 4 - New littorals growing. Minimal algae, will treat next visit. Lake 5 - Minimal algae along lake banks, littorals growing, healthy overall. Lake 3 - spatterdock noted 16I1A2 Lake 6 - Littorals growing on south side, minimal algae. Healthy spike rush buffer growing on north side. Good overall. Lake 7 - Minimal algae will treat next visit. Healthy littorals Lake 8 - Torpedo grass noted, will treat next visit. Lake 9 - Recommend planting littorals to enhance aesthetics. Spike rush buffer growing thick, will keep an eye on it. Lake 10 - No issues noted, spike rush growing thick, will keep an eye on it. Lake 11 - Minimal algae, will treat next visit. New littoral plants picking up good. Lake 1.1 - Healthy littorals growing Lake 12 - No issues noted. Lake 13 - No issues noted. Lake 14 - Algae noted, will treat next visit. Lake 15 - Healthy littorals. No issues noted. Lake 16 - Healthy littorals. No issues noted. Lake 17 - Healthy littorals. No issues noted. Lake 18 - Minimal algae. Will treat next visit. Lake 19 - Hydrilla noted, will treat next visit. Lake 20 - No issues noted, pondweed is gone. Lake looks very clear. Pic below. 16I1A 2 Lake 21 - Healthy littorals. No issues noted. Lake 22 - Healthy littorals. No issues noted. Lake 23 - Healthy littorals. No issues noted. Lake 24 - Minimal algae, will treat next visit. Spike rush growing. Lake 25 - Minimal algae, will treat next visit. Lake 26 - Healthy littorals. No issues noted. Lake 27 - Minimal algae, will treat next visit. Lake 28 - No issues noted Lake 29 - No issues noted. Recommend littorals for aesthetics. Lake 30A - Po dying, will rake it next truxor visit. Lake 30A - dead pondweed If t.4. ti �irams w p y-sa ar- t- s :, z • �. Lake 30B - Very clear, raked the pondweed last week. Some pondweed at boat ramp, will treat next visit. Some pondweed under bridge, recently treated. Lake 30B - Under bridge � yx� _ma ' r Ne ' '` - rH`• 16I1A 2 Summary: The entire community seems to be in great shape. Proper treatments and heavy rains have helped to dilute algae and most of it is not visible since it ends up among the littoral shelf plants. Invasive weeds are growing at a faster rate, but we are on top of it. We continue to monitor pondweed in the Boulder lake. Now that 30B is mapped and we know the exact depths, composition, and vegetation concentrations we will be able to address the pondweed issue more carefully. We are also using the mapping as a reference to the pondweed present in the lake currently so when we continue the Aquathol granular treatments we can later remap and compare to see the effectiveness. 16I1A2 Lake Management-Wetland&Preserve Maintenance La k e & Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting t y MANAGEMENT Water Testing&Analysis-Fountains&Aerators "'_" +,, SERVICE&INSPECTION REPORT /621 Customer: __.-/G'"r‹r' v— g _Account#: ---- ----- Date: e9C_...._A gy Technician: _(/rk."� g `- —— -- Territory: 11/17-`344-75 --_ Weather Conditions: -_ -S-GrA1-f// ()LAKE MANAGEMENT J ❑ ALGAE CONTROL Lake(s)#: _.--..----..________-____.._ ____ 0OASSES&EMERGENTS Lake(s)#:.-- _ — SUBMERSED AQUATICS Lake(s) #: 3�?' ❑ FLOATING PLANTS Lake(s)#: ____ _.__._-- —_-------_----�—____.-_--.— ❑ INSPECTION Lake(s)#:_,-__ ____ — ___..❑ DEBRIS Lake(s) #:___._ ._ ____ _- _. Water Test Results(Combined Average) Temperature _-_._°F ❑HIGH ❑AVERAGE 0 LOW Dissolved Oxygen ppm O HIGH 0 AVERAGE ❑ LOW pH reading ❑ACID 0 NEUTRAL ❑ BASE Water Clarity ❑GOOD ❑ FAIR 0 POOR Water Level ___ 0 HIGH 0 AVERAGE 0 LOW O LITTORAL SHELF SHELVES#:_-_------.-_----_— _—. _ —_ ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION O UPLAND/WETLAND PRESERVE PRESERVE(S)#: _____________.__..__- ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES ❑MANUAL.REMOVAL 0 VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: .- ----- -- _ __ ❑INSECTICIDE TREATMENT 0 INSPECTION Comments:_ !2 _ rite--",.--------7/ zo 175004-1/j G t jptegi _fel.0 ./L - !°-_---O 1/5- 7``n ' �'j.--&. _ Z17-52M,_____ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish 0 Grass carp OTilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird °Songbird 0 Vulture REPTILES: O Alligator OSnake 0 Turtle O Tortoise 0 Lizard O AMPHIBIANS O INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca QPennywort OBischofia ()Ea deaf Acacia °Australian pine OShoebutton 0 Sedge °Climbing Fern °Air potato OTorpedograss OAzoila OSalvinia ODownyrose myrtle°Java plum °Floating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce °Water hyacinth()Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress °Wax Myrtle OFL Pine °Red Maple 0 Waterlily °Mangrove 0 Pond Apple °Oak OCocoplum °Bulrush OBlue flag iris °Strangler fig °Arrowhead OPickereiweed ()Thalia °Palms °Golden Canna()Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns 0 Baby tears 0 Naiad 0 Chara ()Duckweed 0 Bladderwort 0 Pondweed ()Slender spikerush 0 Bacopa Other species noted/comments:---�www.lakeandwetland.com __ _*—__-_ _._ — _.___ ___. _.------__--- YV YV YV.lakeandwetland.com Rev 07/23114 Form 39810 1611A2 Lake Management-Wetland&Preserve Maintenance La k a &Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control •-Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT Customer:_.__ .1�:~2_�11Be.__.6V _..._-._- _.___._.. Account#:_--15a5 . Date: 5/a 3 / 19 Technician:__quaita___.._._. ----.__.__..__ Territory: 1\., 5 -__CQ_C(S+ -- Weather Conditions 'CAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: ❑ GGRASSES&EMERGENTS Lake(s)#: C_Lf SUBMERSED AQUATICSLake(s)#: SO _.. . ?Ab ---•--__.___ ❑ FLOATING PLANTS Lake(s)#: _D —__..... INSPECTION Lake(s)#: ❑ DEBRIS Lake(s)#:._..__.____ Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading ❑ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level — 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#:_—._--�---- ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL. ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S) #:___ 0 INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:,-__ _ ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: TaW.Ui....onsri--t__-t hag,Nrer$t_ _ orl.d _ in__, ea s_.5Q ___. _._______. FISH&WILDLIFE OBSERVATIONS CISH: O Bass OBream Q Catfish Q Grass carp °Tilapia O Mosquitofish O Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: OAlligator OSnake 0 Turtle °Tortoise O Lizard °AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OPennywort OBischofia 0 Earleaf Acacia OAustralianpine QShoebutton ()Sedge °Climbing Fern ()Air potato OTorpedograss OAzolla OSalvinia ODowny rose myrtle°Java plum ()Floating Hearts °Lantana QHydrilla OHygrophilia OWater Lettuce °Water hyacinth°Cattail OPrimrose CAliigatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine Q Red Maple O Waterlily OMangrove °Pond Apple OOak OCocoplum °Bulrush °Blue flag iris °Strangler fig °Arrowhead OPickerelweed °Thalia OPalms °Golden Canna 0 Spikerush OButtonbush 0 Eelgrass 0 Cordgrass O ahatcheegrassOSpatterdock 0 Ferns 0 Baby tears 0 Naiad OChara 0 Duckweed 0BladderwortPondweed 0 Slender spikerush 0 Bacopa Other species noted/comments: _._ www.lakeandwetland.com Rev 01123,'14 Form#398D 1611A2 Q Lake Management•-Wetland&Preserve Maintenance *Lake &Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT Customer:_ /711:4"f- `'- —`��- --- Account#: L i -5 Date:__©+1-/ //, Technician: `'b .__..� __—_—. Territory: wILF-1 Weather Conditions:__......_. i1N -- QLAKE MANAGEMENT O ALGAE CONTROL Lake(s)#: __.._._ .__.__.,— —._.._._..__....______—_—.__ CI GRASSES&EMERGENTS Lake(s) #: _ __.------......._...______ _____ ❑ SUBMERSED AQUATICS Lake(s) #:_____ _..:_ ____ ________ ______________ O FLOATING PLANTS Lake(s) #: _______ ❑ INSPECTION Lake(s)#: ___ ________ —. LI DEBRIS Lake(s)#: ______ ___,___--__._______.__ Water Test Results(Combined Average) Temperature —°F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _____,_ppm 0 HIGH 0 AVERAGE 0 LOW pH reading — —._ 0 ACID 0 NEUTRAL 0 BASE Water Clarity --. 0 GOOD 0 FAIR 0 POOR Water Level —__,___- 0 HIGH 0 AVERAGE 0 LOW ® LITTORAL SHELF SHELVES#:-_-- —__ �_— ____________ ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT p DEBRIS REMOVAL. O FLOATING PLANTS 0 MANUAL REMOVAL D INVASIVE I EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: ___ _—__.----- ❑INVASIVE I EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL GRASSES 0 MANUAL REMOVAL ❑VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: _____ __________. 0 INSECTICIDE TREATMENT 0 INSPECTION Comments:-- -_--7/ph 4.-__— F �:;,0!`?6 avie _ __ FISH&WILDLIFE OBSERVATIONS FISH: O Bass OBream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS; O Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: O Alligator OSnake 0 Turtle °Tortoise 0 Lizard OAMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelal euca OPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern QAir potato OTorpedograss °AzoIIa OSalvinia °Downy rose myrtleQlava plum 0 Floating Hearts °Lantana 0 Hydrilla OHygrophilia °Water Lettuce QWaterhyacinth OCattail QPrimrose 0 Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple O Waterlily °Mangrove OPond Apple Q Oak °C_ocoplurn °Bulrush °Blue flag iris °Strangler fig °Arrowhead OPickereiweed OThalia OPalms OGoldenCanna°Spikerush OButtonbush 0 Felgrass 0 Cordgrass OFakahatcheegrass0Spatterdock 0 Ferns °Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed 0 Slender spikerushO Bacopa Other species noted/comments: __.. www.lakeandwetiand.com Rev 07/23/14 form*398D 1611A 2 Lake Management-Wetland&Preserve Maintenance *Lake W e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting r ) MANAGEMENT Water Testing&Analysis-Fountains&Aerators ✓'' SERVICE&INSPECTION REPORT Customer:._._A:R 11(agL. . - Account#: _._1525 Date: 51.2-IL/ 19 Technician:_ u� 11_._. Territory:--___. St COQS... Weather Conditions: Ey AKE MANAGEMENT © ALGAE CONTROL Lake(s)#:_„_______,__ ❑ RASSES& EMERGENTS Lake(s)#. - M_ SUBMERSED AQUATICS Lake(s)#:^.3 121 T. .._3U _... ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#:.__----____._____._.. O DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity _, ❑GOOD ❑ FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL. [) INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#:.__ _- -_---_—__.___-_-----_-----_----_--...._ ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL. 0 VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: 0 INSECTICIDE TREATMENT 0 INSPECTION Comments: - TIRUh1O12 .0n5itC,h_OVVeS±in9Ponci_a.tdftZonl, @_._ 30=5 ----- FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish O Shad BIRDS: O Raptor °Duck O Wood Stork O Shorebird O Wading bird O Songbird O Vulture REPTILES: O Alligator OSnake 0 Turtle O Tortoise O Lizard O AMPHIBIANS O INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton 0 Sedge °Climbing Fern °Air potato OTorpedograss OAzolla 0Salvinia °Downy rose myrtle()Java plum °Floating Hearts °Lantana OHydrilla °Hygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose OAIGdatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine O Red Maple O Waterlily °Mangrove °Pond Apple °Oak OCocoplum 0 Bulrush °Blue flag iris °Strangler fig O Arrowhead OPickereiweed ()Thalia Q Palms °Golden Canna°Spikerush OButtonbush OEelgrass OCordgrass OF kahatcheegrassOSpatterdock 0 Ferns OBabytears 0 Naiad OChara °Duckweed 0 Bladderwort Wondweed OSlenderspikerushOBacopa Other species noted/comments: _ _—_— www.lakeandwetland.cann Rev 07/23/14 Form t 3980 1611A 2 Lake Management-Wetland&Preserve Maintenance *fLaice &VVetland Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting ........4 Ic.1 II 111 ri ) MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT . , Customer:.____:qtgli-LAg L (3Gly Account#: I 5_.c .,5 Date: ,,t „/..,.)61_ Technician: „hock-A-bail_ _ Territory: t t.q es+ _Co 0,1/45t Weather Conditions: ___....._5(AtliA _ 'LAKE MANAGEMENT O ALGAE CONTROL Lake(s)#: Li GRASSES&EMERGENTS Lake(s)#: ("1 SUBMERSED AQUATICS Lake(s)#: p FLOATING PLANTS Lake(s)#: 0 INSPECTION Lake(s) #: 2.-DEBRIS Lake(s)#: 30 Water Test Results(Combined Average) Temperature °F El HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading ---- 0 ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW edITTORAL SHELF SHELVES#: O SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT (R15E.BRIS REMOVAL O FLOATING PLANTS [e/IANUAL REMOVAL 0 INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S) #: O INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL [1 GRASSES 0 MANUAL REMOVAL 0 VINES Ej INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S) #: 0 INSECTICIDE TREATMENT 0 INSPECTION Comments:___LL. st-t-t,. -to. .iq.ern o v t tiac. Nakvestr,d pooduee- ci+ can -1-'0Licia, book. ‘ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor C)Duck 0 Wood Stork 0 Shorebird 0 Wading bird C)Songbird 0 Vulture REPTILES: 0 Alligator ()Snake 0 Turtle °Tortoise 0 Lizard °AMPHIBIANS 0 INSECTS INVASIVE I EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca QPennywort 0Bischofia 0 Earleaf Acacia °Australian pine 0Shoebutton C)Sedge C)Climbing Fern °Air potato OTorpedograss 0Azolla 0 Salvinia ()Downy rose myrtle()Java plum °Floating Hearts °Lantana 0 Hydrilla OHygrophilia OWater Lettuce OWater hyacinth()Cattail OPrirnrose QAlligatorweed NATIVE PLANTS NOTED °Cypress 0 Wax Myrtle QFL Pine 0 Red Maple 0 Waterilly °Mangrove 0 Pond Apple 0 Oak 0 Cocoplurn ()Bulrush ()Blue flag iris ()Strangler fig 0 Arrowhead OPickerelweed °Thalia 0 Palms ()Golden Canna°Spikerush OButtonhush 0 Eelgrass 0 Cordgrass 0Fakahatcheegrass0Spatterdock 0 Ferns 0 Baby tears 0 Naiad OChara °Duckweed 0 Bladderwort 0 Pondweed ()Slender spikerush0Bacopa Other species noted/comments:__ _ www.lakeandwetiand.com Rev Q7/23/14 Four h 390 1611A 2 Lake Management-Wetland&Preserve Maintenance cLasa & Yet1a d Erosion Restoration -Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting � MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT Customer: . }i.t1zl aT.,._epck q ----_ Account#:- I 5 a5 Date: C L J I C1 Technician: EI 1Q _ Territory: IN eSt.__Ca9 --- Weather _Weather Conditions: ----S0 .... LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: ❑ GRASSES&EMERGENTS Lake(s) #: Ea'SUBMERSED AQUATICS Lake(s)#: 3a, ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#:_.--_.___—____..._ ❑ DEBRIS Lake(s)#:Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _,_._-__.-.....ppm 0 HIGH 0 AVERAGE 0 LOW pH reading .__.._.__-._ _ 0 ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD ❑ FAIR 0 POOR Water Level _____- 0 HIGH 0 AVERAGE 0 LOW LITTORAL SHELF SHELVES#:----_---------------------.---.-.__ • SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT jEBRIS REMOVAL ❑ FLOATING PLANTS E MANUAL REMOVAL INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#:_____---- 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL GRASSES 0 MANUAL REMOVAL 0 VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:-___..______.. 0 INSECTICIDE TREATMENT 0 INSPECTION Comments: _TP-UI Y O _Q.natt_._ lliafit .-.izo ._pondtoccd_.._fizam..__l - -.5)13. oda) __ mover) till' (gat de b i_s__ --- ---._.. - FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish O Grass carp O Tilapia °Mosquitofish 0 Shad BIRDS: O Raptor °Duck O Wood Stork °Shorebird O Wading bird °Songbird Q Vulture REPTILES: O Alligator °Snake Q Turtle Q Tortoise O Lizard °AMPHIBIANS Q INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pineQShoebutton 0 Sedge °Climbing Fern °Air potato OTorpedograss OAzoI!a QSalvinia °Downy rose myrtleQJava plum °Floating Hearts °Lantana 0 Hydrilla OHygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose 0 Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine ORed Maple O Waterlily °Mangrove °Pond Apple °Oak OCocoplum 0 Bulrush °Blue flag iris OStrangler fig ()Arrowhead OPickerelweed °Thalia 0 Palms °Golden Canna°Spikerush QButtonbush OEelgrass OCordgrass OFakahatcheegrassOSpatterdock 0 Ferns O Baby tears 0 Naiad OChara °Duckweed 0 Bladderwort 0Pondweed 0 Slender spikerushO Bacopa Other species noted/comments._ www.lakeandweiland.com Rev 07/23/14 Form;r398D 1611A2 Lake Management-Wetland&Preserve Maintenance Lake Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting (, _nl_ MANAGEMENT Water Testing&Analysis-Fountains&Aerators ��" SERVICE&INSPECTION REPORT • Ct.rstomer:__-_��rQ.���ovt,.-_.6N ___... ----Account#: 152.5 Date:...t .... _./ 19 Technician:_ ;A1\ "t" --_�— ...__.___ Territory:__V:,f(,(31±0QSt ----------- Weather Conditions: SufK. WAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s) #: ❑ GRASSES&EMERGENTS Lake(s)#: __ ._ ._._._ .... ____.___ —.........._...._._ _ L�SUBMERSED AQUATICS Lake(s)#: 3Q _ j FLOATING PLANTS Lake(s)#:...__ _ _ ❑ INSPECTION Lake(s) #: __--. __ ❑ DEBRIS Lake(s) #:Water'lest Results(Combined Average) Temperature °F CI HIGH ❑AVERAGE ❑ LOW Dissolved Oxygen -ppm 0 HIGH 0 AVERAGE 0 LOW pH reading ❑ACID ❑ NEUTRAL ❑ BASE Water Clarity — a GOOD ❑ FAIR 0 POOR Water Level — 0 HIGH ❑ AVERAGE ❑ LOW 0/LITTORAL SHELF SHELVES#:ID SHORELINE SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT p-DEBRIS REMOVAL ❑ FLOATING PLANTS Er-MANUAL REMOVAL o INVASIVE/EXOTIC SPECIES ❑INSPECTION 0 UPLAND I WETLAND PRESERVE PRESERVE(S)#:. O INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: _,—_.,-.________—,,.._.,_._.___—... ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp OTilapia 0 Mosquitofish O Shad BIRDS: 0 Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES, O Alligator OSnake 0 Turtle °Tortoise 0 Lizard O AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischotia OEarleaf Acacia °Australian pine OShoebutton °Sedge ()Climbing Fern °Air potato OTorpedograss OAzolla OSalvinia ODownyrose myrtleOJava plum 0 Floating Hearts °Lantana 0 Hydrilla OHygrophilia OWater Lettuce °Water hyacinth°Cattail °Primrose 0 Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple 0 Waterlily °Mangrove °Pond Apple °Oak °Cocoplum O Bulrush °Blue fag iris °Strangler fig O Arrowhead OPickerelweed °Thalia O Palms 0 Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OfakahatcheegrassOSpatterdock 0 Ferns O Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0Pondweed 0 Slender spikerush 0 Bacopa Other species noted i comments:__ w'VX elakeand etiand.com Rev 07/23/14 Form 8:398D 16I1A2 Lake Management-Wetland&Preserve Maintenance *//Lake & \ATet1and Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting { ��� . MANAGEMENT Water Testing&Analysis-Fountains&Aerators \ ��" SERVICE& INSPECTION REPORT Customer; �Q .Qtgc._,__, — Account#: __.15_ 5 Date:- t a„.7_1.1...._ Technician: ,_ .P .F--[9-- >-echnician: ..... .k U 51111.._...._._ — — — y:__VAL�.st._.CalS _ _ Territor � WeatherConditions:_ ---.._._...........__........_._.__......_._. _.._ __._. _ _ _ ____ —.____.__ _._----- ------ LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#:-____.-.___-______..______.________.__.__..__.._____.._._ ElRASSES&EMERGENTS Lake(s)#:- SUBMERSED AQUATICS Lake(s) #:_. 3(i)IJ_ ____.- — _ ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#: ❑ DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygenppm 0 HIGH ❑AVERAGE E LOW pH reading _ ❑ACID El NEUTRAL ❑ BASE Water Clarity ❑GOOD El FAIR 0 POOR Water Level __-.- Ll HIGH ❑ AVERAGE 0 LOW Or LITTORAL SHELF SHELVES#: ___._..___. _______ 0 SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT (2'DEBRIS REMOVAL ❑ FLOATING PLANTS ErMANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES U INSPECTION . O UPLAND/WETLAND PRESERVE PRESERVE(S)#:--- .. .. __... _._._....._-- ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: 0I INSECTICIDE TREATMENT 0 INSPECTION Comments:,_--_---,- —__-- -__ ____.___..__ _.---__. —.__...................__ _--------_._ FISH&WILDLIFE OBSERVATIONS FISH: O Bass °Bream 0 Catfish O Grass carp O Tilapia O Mosquitofish 0 Shad BIRDS: O Raptor ODuck 0 Wood Stork O Shorebird O Wading bird O Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle °Tortoise O Lizard °AMPHIBIANS 0 INSECTS INVASIVE 1 EXOTIC PLANTS NOTED OBrazilian pepper 0 Melaleuca OPennywort OBischofia QEarleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss OAzolla QSalvinia °Downy rose myrtle°Java plum °Floating Hearts °Lantana 0Hydrilia OHygrophilia OWater Lettuce °Water hyacinth°Cattail °Primrose 0 Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine ORed Maple OWaterlily °Mangrove °Pond Apple °Oak OCocoplum O Bulrush OBlue flag iris °Strangler fig °Arrowhead OPickerelweed °Thalia °Palms °Golden Canna°Spikerush OButtonbush OEelgrass OCordgrass OFakahatcheegrass0Spatterdock °Ferns 0 Baby tears 0 Naiad OChara °Duckweed O Bladderwort OPondweed O Slender spikerushO Bacopa Other species noted/comments:_ ---�-- ----____.--- —_-..-_...._.-_._.._.___._. www.lakeandwetland.torr Rev 07/23/14 Pere N 3980 �� V�� � ND � ��� � � �� Lake Management-Wetland&Preserve Maintenance *Lake etlan-d-' EmwimmRestoration- Nmeqwmm&Midge Larvae Control AlQae&AqnanisV�edCwntnml -NatiwePVanNng MANAGEMENT WaterTemtiwg&Amm0ysis'Puunta|mo&Aerarors SERVICE&INSPECTION REPORT [ostomerVIK C «�n � __�_ �� _-_--_- ' _' Account \ d.5� _ Date: nQ-_. NC, � Technidan:_ l\� l0T ____�_��� _________ ______ Ten ����L / itory�_-- �^n�/w��/f _ VVeathcrConditions- |�\�Y[Y�[ -�- \ - __-'----------- -�---------- '--------' ------- E MANAGEMENT [] ALGAE CONTROL Lah*(s)#: [] GRASSES&EMERGENTS Lake(s)#: . -- [�SU8�NEH5EDA/�U/Ql[S Lake(s)#'-_ &�_�,� _-_ difll P. -RS . o FLOATING PLANTS Lake(s)#:__-__--____-____-_______ [] INSPECTION Lake(s)#:_-_-__ -- [] DEBRIS Lake(s) #:___ Water Test Results(Combined Average) Temperature ______.«F EJ HIGH []AVERAGE 0LOW Dissolved Oxygen .ppnn []HIGH [] AVERAGE [] LOW pH reading []ACID 0 NEUTRAL [] BASE Water Clarity 0 GOOD [] FAIR [] POOR VVoterLeve| _______ []HIGH 0 AVERAGE 0LOW 0/LUTTORALSHELF SHELVES#: • SHORELINE GRASSES&EMERGENTS []HERBICIDE TREATMENT [] DEBRIS REMOVAL D FLOATING PLANTS &MANWALRE/NOVAL [] INVASIVE/EXOTIC SPECIES [] INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: []INVASIVE/EXOTIC SPECIES LI HERBICIDE TREATMENT LI DEBRIS REMOVAL []GRASSES 0 MANUAL REMOVAL 0 VINES []INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: __-_' []INSECTICIDE TREATMENT 0 INSPECTION Comments: � 0N _________ ---______-_-____� ������ �� . - __- FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream [}Catfish {}Grass carp 0 Tilapia 0 Mosquitofish [}5had BIRDS: 0 Raptor (]Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: [)Alligator {}Snake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Mmzi||onpepper C}Me|a|euco OPennywort OBischofia C)EadeafAcecia °Au,tm{ianpine[}5hnehut-ton Sedge °c|imbingpe,n [)m,potuu, OTorpedograss °AznUa {}sa|v|n|a °Downy rose myrtle°Javvplum 0 Floating Hearts {}Lantana [)npdri|/a OHygrophilia {}wmoe,Letmce {}Wato,hyacinth°[umai| °p,im,vsc C)AUiqomrweed NATIVE PLANTS NOTED °Cypress [}mmxMyrtle Oft Pine {}Red Maple [)Wated|(y °wangrovp ()Pond Apple (}Oak [}Coco»|wm {}Bulrush OBlue flag iris []It,ang|e,fi8 [>x,mw|`emd 0 pickne|weed Thalia {}Palms [}Golden cann»{}5p|ke,ush [}Rvuvnhush 0 Eelgrass 0 Cordgrass C)mkaharchunoo0Spaue,dock 0 Ferns O Baby tears 0 Naiad OCha,o 0 Duckweed 0 Bladderwort 0 Pondweed (]S|enders»ikemsh{}Vpcopm Other species noted/comments; �_____________________ 16 11 A 2 Lake Management-Wetland&Preserve Maintenance 4/Lake Y 1T e 4 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting 1/4.....:...,c..=,.,.r MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT Customer: /402,1 tag C Gall Account#: .S 2 S - Date: 4 11/1°1 Technician: _ C:41,‘.1.01- Territory: _ )3e-SA =S Weather Conditions: ,�.pYl�_ BLAKE MANAGEMENT El ALGAE CONTROL Lake(s)#: O GRASSES&EMERGENTS Lake(s) # [SUBMERSED AQUATICS Lake(s) # _.3 b - S U11 n9_pci ckl,Z.t'.,a- -~—_ O FLOATING PLANTS Lake(s)#, O INSPECTION Lake(s) #: O DEBRIS Lake(s)#:___.._._ Water Test Results (Combined Average) Temperature _.._°F ©HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ______ ppm 0 HIGH 0 AVERAGE 0 LOW pH reading -.. 0ACID 0 NEUTRAL 0 BASE Water Clarity _ 0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW ( LITTORAL SHELF SHELVES#: O SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL O FLOATING PLANTS giC/IANUAL REMOVAL El INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: ]INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL o GRASSES 0 MANUAL REMOVAL 0 VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:___�,_._��__ 0 INSECTICIDE TREATMENT 0 INSPECTION Comments:-...._ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish 0 Grass carp 0Tiiapia 0Mosqultoflsh 0 Shad BIRDS: O Raptor ODuck O Wood Stork °Shorebird O Wading bird O Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle O Tortoise O Lizard O AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED ©Brazilian pepper 0 Melaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton 0 Sedge °Climbing Fern °Air potato OTorpedograss °Azolla OSaIvinia °Downy rose myrtle°Java plum °Floating Hearts °Lantana OHydriva OHygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose QAlllgatorweed NATIVE PLANTS NOTED °Cypress °Wax Myrtle OR Pine °Red Maple O Waterlily °Mangrove °Pond Apple °Oak OCocoplum 0 Bulrush °Blue flag iris °Strangler fig O Arrowhead OPickereiweed °Thalia O Palms °Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns 0 Baby tears 0 Naiad OChara °Duckweed 0 Bladderwort OPondweed 0Slender apikerushQBacopa Other species noted/comments www.lakeandwetland.com Rev 07/23/14 fowl N398D � �� N � � ^� � �� � � �� �� Lake Management Wetland&Preserve Maintenance �� �� Erosion Re�w,a�op-8uosqmimm&Midge Larvae Control ----------' Algae&Aqmmdc WeedCwntrml -Nao|vep/amtimg *Lakecosimaignike) MANAGEMENT �nv m� w~ � m� �� �� �� �� DU A G E M E N T Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT `l .Customer: MyK '1Account it: IDate: (1 / )�,1 /g Technician: C,11101 _ Territory: west .coast _ � 0 __ _ Weather Conditions:_SUXIYIA _ _ _- _ _' _'_-_'-_-__--_ _ ��� ��� AMANAGEMENT [] ALGAE CONTROL Lake(s)#:__ El GRASSES&EMERGENTS Lake(s)#: r /SUBk4ERSEDAQUATICS Lake(s)#: &3t1��� [] FLOATING PLANTS Lake(x)#:_� - L�_ [] INSPECTION Lake($#: . [] DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature »F OHIGH OAVEAAG[ 0 LOW Dissolved Oxygen pprn []HIGH 0 AVERAGE 0 LOW pH reading _-_ El ACID 0 NEUTRAL 0 BASE Water Clarity - []G0OD 0 FAIR 0 POOR Water Level 0H|GH 0AVERA6E 0 LOW /LITTORAL SHELF SHELVES#: -- O SHORELINE GRASSES&EMERGENTS []HERBICIDE TREATMENT 0 DEBRIS REMOVAL [] FLOATING PLANTS RINANUALREKAOVAL [] INVASIVE/EXOTIC SPECIES .0 INSPECTION �� K�PLAN0/�yE�LA��U�PRESERVE PRESERVE(S)#:_'__- — []INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL []VINES []INSPECTION 0MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ___ INSECTICIDE TREATMENT 0 INSPECTION Commmments:___________________-_____-_ 0 ` �= ,x4 ' � �-�.�\���r^_YJY�d|�^(U ��u �_-������� m '_____________ ____-'__-_____ FISH&WILDLIFE OBSERVATIONS FISH: 0xvss °Breonn 0 Catfish {}Grascorp 0 Tilapia 0 Mosguitofish 0 Shad BIRDS: C}Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: [}Alligator °soaue 0 Turtle C)Tortoise 0 Lizard {]AMPHIBIANS 0 INSECT INVASIVE/EXOTIC PLANTS NOTED C)Dmzi|ianpepper{Jwdn|euca CJpennyvmr, {}Bischufla [}Eo,|rm[Acacia °AustraUanpine 0Shoehuuun [)Sedge QClimbinq Fern 0 Air potato rass 0 Azolla OSalvinia [JDowoyrose myrtle(]/avaplum ()Floating Hearts (}Lantana []HydriHa OHygrophilia OWater Lettuce [}Wa,erhyacinth{}Cattoi| OPrirnrose [)AUigato,weed NATIVE PLANTS NOTED ()Cypress 0Wax Myrtle [)pLPine {}Red08up|c C}*aordi|y ()Mangrove °Pond Apple 0Oak C]cocop|uro (}Bulrush Blue flag iris [}Stmng|erfig Arrowhead OPickerelweed ()Thalia CD Palms ()Go|denCnnnu{}Spikemsh °Butt"nuv,h 0 Eelgrass 0 Cordgrass (]Fakuhmcheegm`,(}Sp,ttenJo/k °Ferns [)Baby tears {}Naiad OChara ()Duckweed 0 Bladderwort OPvndweed (]8ende/spikemsh[)8acopa Other species noted/cornments:_ ____ _ _____ _____.____ 16I1A 2 Lake Management-Wetland&Preserve Maintenance La & e t l a n Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting f; t, iii __ MANAGEMENT Water Testing&Analysis-Fountains&Aerators *�"'� __ SERVICE& INSPECTION REPORT Customer:.._kAe -1 . ea,,) Account#: _— ._..... ----- Date: Z2�a ./ 19 Technician:_ B 1,ASt1r' Territory:_.._..V{Sji._LCGL ...__.__...w_____._._______.. Weather Conditions:---_.__ __------ -------._.—._.____-- — --__ _-- LAKE MANAGEMENT O ALGAE CONTROL Lake(s)#:__..__....__...__.___.._._._.....—_-.__ O GRASSES&EMERGENTS Lake(s)# __. . _.____ _____e �UBMERSED AQUATICS l.ake(s)# }`�_.-_._.. 30 g-1. `9.x._. ___..____.._...__.._.. . C] FLOATING PLANTS Lake(s)#:_ _______________ ___- Ca INSPECTION Lake(s)#: O DEBRIS Lake(s)#: —._--__._....—. Water Test Results(Combined Average) Temperature °F Q HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm ❑HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity ()GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW O LITTORAL SHELF SHELVES#:___ __ ___ ._ __- ________ O SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL O FLOATING PLANTS [J MANUAL REMOVAL O INVASIVE/EXOTIC SPECIES 0 INSPECTION • UPLAND/WETLAND PRESERVE PRESERVE(S)#:__ _________________ O INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL 0 VINES p INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:_—__— ____ - Li INSECTICIDE TREATMENT 0 INSPECTION Comments FISH&WILDLIFE OBSERVATIONS FISH: °Bass °Bream 0 Catfish O Grass carp OTilapia O Mosquitofish 0 Shad BIRDS: 0 Raptor °Duck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird O Vulture REPTILES: O Alligator °Snake O Turtle O Tortoise O Lizard C)AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED OBrazilianpepper OMelaleuca OPennywort OBIschofia OEarleafAcacia °Australian pine OShoebutton ()Sedge °Climbing Fern °Air potato OTorpedograss OAzoila OSalvinia ODowny rose myrtle°Java plum °Floating Hearts °Lantana 0Hydrilla OHygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine O Red Maple O Waterlily °Mangrove OPond Apple °Oak OCocoplum 0 Bulrush ()Blue flag iris °Strangler fig °Arrowhead OPickerelweed °'Thalia ()Palms °Golden Canna°Spikerush OButtonbush OEelgrass OCordgrass Orakahatcheegrass°Spatterdock 0 Ferns °Baby tears °Naiad OChara °Duckweed Ol3iadderwort OPondweed OSlender spikerushQBacopa Other species noted/comments: YY 1rY .lakeandFiVetlandecom Revo77123/14 Form#396D 1611A2 Lake Management-Wetland&Preserve Maintenance Jw w 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE&INSPECTION REPORT o4/z(/s Customer: _ ��,2'�'cS /5',/ _ _ Account#: _._._I/ --_ Date: • _. G 2� Territory: N Technician: -_. ,1 ?ic..Gr-i y Weather Conditions: _.__---__-U__- .... 0 LAKE MANAGEMENT 0 ALGAE CONTROL Lake(s)#: _..---_--.----------_-----___--- -----_ o f ASSES&EMERGENTS Lake(s)#: _ _ — _.—.._.___.__.__..___.._ y C. SUBMERSED AQUATICS Lake(s)#:___: 6]-<,"--- O FLOATING PLANTS Lake(s)#:. ____ _______ _ ___ -_- _____ ___ O INSPECTION Lake(s)#:___ O DEBRIS Lake(s)#: __-_.�_________ Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE El LOW Dissolved Oxygen ppm O HIGH 0 AVERAGE 0 LOW pH reading _._.--_..._ 0 ACID 0 NEUTRAL 0 BASE Water Clarity0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: O SHORELINE GRASSES& EMERGENTS 0 HERBICIDE TREATMENT O DEBRIS REMOVAL E] FLOATING PLANTS 0 MANUAL REMOVAL O INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL El GRASSES 0 MANUAL REMOVAL 0 VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:____ - _- o INSECTICIDE TREATMENT 0 INSPECTION Comments: -"c %/-✓9.175' 7"._..aeS9A-older P(g/f F /"1-40w — /° FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish 0 Grass carp OTilapia O Mosquitofish 0 Shad BIRDS; O Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird O Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard ()AMPHIBIANS O INSECTS INVASIVE/EXOTIC PLANTS NOTED OBrazilian pepper 0 Melaleuca OPennywort OBischofia 0 Earleaf Acacia OAustralianpine OShoebutton 0 Sedge OClimbing Fern OAir potato OTorpedograss OAzoila OSalvinia ODownyrose myrtle°Java plum 0 Floating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce OWaterhyacinth°Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress 0 Wax Myrtle OFI.Pine 0 Red Maple 0 Waterlily °Mangrove OPond Apple 0 Oak OCocoplum O Bulrush °Blue flag iris O Strangler fig O Arrowhead OPickerelweed OT halia O Palms OGoldenCanna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns 0 Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed ()Slender spikerushO Bacopa Other species noted/comments:— www.lakeandwetland.com Rev 07/23/14 Fomi039R0 1611A 2 '[ T Lake Management-Wetland&Preserve Maintenance Y Y a 1"1 d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting *Lake �� MANAGEMENT Water Testing&Analysis-Fountains&Aerators `�„~+`••��"" SERVICE&INSPECTION REPORT Customer: �f _e_.. _ . .. --- Account#:_._._._ /s"Z Date:.._._G �1._. Technician:__ . /_Tel 2- = y 2-G:1 .............._--- Territory: A 72tC f Weather Conditions:__45.-0.,/ 0 LAKE i NAGEMENT _____ —. _____—_ __ 3 ALGAE CONTROL Lakes)# -, ❑ 9RASSES&EMERGENTS Lake(s)#: _._...__...___ SUBMERSED AQUATICS Lakes)#:___�yj Ai,/b __ _____.__ ❑ F DATING PLANTS Lake(s)#:_ �ti_-- _______—_--__.__. ONSPECTION Lake(s)#:__....__f.__._..._..._-._..-._. _..___.T._______.--._ ❑ DEBRIS Lake(s)#:...._ Water Test Results (Combined Average) Temperature __--^°F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading _.- ❑ACID 0 NEUTRAL 0 BASE Water Clarity ©GOOD 0 FAIR 0 POOR Water Level _—_ 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#:_ _____ ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ❑INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#:_ __ ___ _____ —. 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL 0 VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:__—___—______ __--__._ ________ ❑INSECTICIDE TREATMEENTT,,�^ ❑INSPECTION �� Comments: 1 g� /�!wT v', j U2 - frt 6IF- , 7°1-1 4..�/t.`"�'� �.s'TJ E FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp 0 Tilapia OMosquitofish 0 Shad BIRDS: O Raptor °Duck Q Wood Stork O Shorebird O Wading bird °Songbird O Vulture REPTILES: O Alligator OSnake O Turtle O Tortoise 0 Lizard °AMPHIBIANS 0 INSECTS INVASIVE I EXOTIC PLANTS NOTED OBrazilianpepper 0Melaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton °Sedge OClimbing Fern OAir potato OTorpedograss °Azolla OSalvinia QDownyrose myrtle°Java plum °Floating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce °Water hyacinth()Cattail OPrimrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine ORed Maple O Waterlily °Mangrove °Pond Apple OOak OCocopium OBulrush °Blue flag iris OStranglerfig °Arrowhead OPickerelweed °Thalia OPalms 0 Golden Canna°Spikerush 0 Buttonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns °Baby tears ()Naiad OChara °Duckweed OBiadderwort °Pondweed °Slender solkerush 0 Bacopa Other species noted/comments: w m www.lakeandwetland.�com Rev07/23/14 fortnR348D 16I1A 2 Lake Management-Wetland&Preserve Maintenance */Laice & \We t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting „ MANAGEMENT Water Testing&Analysis-Fountains&Aerators 4,. ..., ,.....t... ,:....) •,~~ SERVICE&INSPECTION REPORT 7,2 °01/1_, Customer: I44rr_ %'_- — —Account#: Date:_......._.. Technician:__.___ 11-kr!it"ZL 1/ Territory:__: C,, _.._ __ Weather Conditions: G wvd� 2-,,,r- 0 LAKE '9T0LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: ❑ GRASSES&EMERGENTS Lake(s)#: ......------___.___ _..._-____...__ _._ __...._ _ _...... ❑ SUBMERSED AQUATICS Lake(s)#: . _ ❑ FLOATING PLANTS Lake(s)#: ____.—,___ __ ❑ INSPECTION Lake(s)#:.._.. ❑ DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature _ °F ❑HIGH 0 AVERAGE ❑ LOW Dissolved Oxygen _ppm 0 HIGH 0 AVERAGE 0 LOW pH reading ❑ACID 0 NEUTRAL 0 BASE Water Clarity _ 0 GOOD 0 FAIR 0 POOR Water Level __ 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#. _ ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ❑INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#:___---_._._-----__--- ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: �__-- --__—_ ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: 4 '9-fz�- 30 Off W-- CI Vtiriti § FISH&WILDLIFE OBSERVATIONS FISH: O Bass OBream Q Catfish °Grass carp O Tilapia O Mosquitofish Q Shad BIRDS: O Raptor ODuck Q Wood Stork O Shorebird CD Wading bird Q Songbird C?Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia QEarleaf Acacia ()Australian pine QShoebutton °Sedge °Climbing Fern ()Air potato OTorpedograss OAzolla °Salvinia °Downy rose myrtle[Nava plum °Floating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce ()Water hyacinth°Cattail ©Primrose 0Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple 0 Waterlily °Mangrove °Pond Apple Q Oak OCocoplum 0Bulrush OBlue flag iris °Strangler fig OArrowhead OPickereiweed °Thalia °Palms °GoldenCannaOSpikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns 0 Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0Pondweed °SlenderspikerushOBacopa Other species noted/comments: t— _n !iT }1 e�p p/� YY YY .lakeand YV etland com Rev 07/73/14 km#39aD Lake Management-Wetland&Preserve Maintenance *Lake & V r e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control - Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT Customer: T`ry '3-4 Z59 _ �Z`r Date: -,/e//143//9 -_ ___.... Account#: � Technician: Ce _._ _.._ Territory: ' Weather Conditions:....__�Ii(!N /e ''0 /I. sal 464177-Gam+ 77/14241.5711)e') ()LAKE MANAGEMENT ' ❑ ALGAE CONTROL Lake(s)#: 0/ASSES&EMERGENTS Lake(s)#:,,__.____------------__.---.—_-- —.�__ .____ . -._.._.. 1-_- BMERSED AQUATICS Lake(s)#: ,2, f3. 3.0-09 _.._.._.__ ❑ FLOATING PLANTS Lake(s)#: — _ ❑ INSPECTION Lake(s)#: — ❑ DEBRIS Lake(s)#:------,__-- Water Test Results(Combined Average) Temperature ._°F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading _— , ❑ACID 0 NEUTRAL 0 BASE Water Clarity _.______ 0 GOOD 0 FAIR 0 POOR Water Level ___ 0 HIGH ❑ AVERAGE Cl LOW 0 LITTORAL SHELF SHELVES#: _—.- ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION ® UPLAND/WETLAND PRESERVE PRESERVE(S)#,- — --- ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL 0 VINES 0 INSPECTION 4 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:______._________..__.__�.____.__. ... .__.._. ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: Z9-ire---f �"- 1 r---alp .. id........... 4 41,03 2o-riz t-v 6/ sourli-J'/6F /2,,r4,4E1 _i --r� ttowt. JO —,:ZJO 4-9yJ __/:-..e— AA717.._ ,e-c-1111,75- -----._...-.-- _____ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish ()Grass carp O Tilapia 0 Mosquitofish 0 Shad BIRDS: ()Raptor ODuck O Wood Stork ()Shorebird 0 Wading bird ()Songbird 0 Vulture REPTILES: ()Alligator °Snake 0 Turtle ()Tortoise 0 lizard ()AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED ()Brazilian pepper OMelaleuca QPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton °Sedge ()Climbing Fern °Air potato OTorpedograss QAzoIIa OSalvinia Ooowny rose myrtle Qiava plum 0 Floating Hearts OLantana 0 Hyd rilla QHygrophilia OWater Lettuce °Water hyacinth()Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine ()Red Maple O Waterlily ()Mangrove OPond Apple ()Oak OCocoplum O Bulrush OBlue flag iris °Strangler fig O Arrowhead OPickerelweed ()Thalia O Palms ()Golden Canna()Spikerush OButtonbush 0 Felgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns °Baby tears 0 Naiad OChara °Duckweed 0 Bladderwort QPondweed °Slender spikerush 0 Bacopa Other species noted/comments: ,„_„_._., _ �1_ www.lakeandwetlandecorn Ree 07(73/14 Farm rs 3980 1611 Aerials of Double Walled ADS Pipes Installed in HBC Lakes by CSEI in 2019. • 'f h..s 16 I 1 A ? NE Lake 4 .... i i . i 0 0 II , l' . , . I ! i ilb I - 16 I 1. A NW Lake 4 „A• ' - Y.! / .., • 4,i 47. .. N• ,.• \ \ ,.. 4, • ',, .\ 2, 410329 H.,? ., ..'... •-,..'—'N - . 0 .. .0:15 , • .•-e' At 1,,7 ....• , - , ,F; t -•'' , ...,' - . ," ,f1 / - . ,.• - :.? 1 a • . . ... - 4: 1 j•IP 11 0 325 Heritage Bay Blvd -A* ', ' e• 0.',. • . , 41.) 44 4, / or. i r ..., 1611A2 N. Lake' . : . � I \ � 2�� � \. . � � � 2 ` » . . 2 « \ y. / i < . < »\ » , p / / �® \ / \ % A ! 2 1 1 , \ , . \ y \ , •. , ', . \ . 4 t 2 \ \ � �` � \ . \ : 1 \ ' , 4 4. » z . . . . ' < ®< 2 } • ` z � � \ \ .0`• % . . 4 y \ , \ \ � \ ` ,\ ��\. ,..` , \4,4t \ .,\ * ' . . ' , » . i \e. § f , : . \? '4,,, , 3 . \ \ \ : \ 16I1A 2 Lake 6 #• Vlk . jk \ 1111101' - . f i#� t \ 14-R 11111;110111 111...., 0 .00' ,\ 1°11111.,.,1.... ..' ''..'"'''' 0 \ , \ Ai ,. ,y - 1611A 2 Lake 10 ark �, it s 16114 ? Lake 19 i 414 Y P ' =V: S.: Vsi A y. t a4'X'ti's , „:... #-e- ,1 ...dk .. 3'�”. /6 1 I A 2 Lake 21 ©®» \\< . t \ < : . . .. . , \»•. \ ,: ° % : ? 'i.`.`..;',4,';-' � r � : _ . . §\ .2 \/«\ � © y / / . � $ . p \ dmy, ® . y: . . / . I . . ,' »\ r I 4 ` \> ^ \ ¥ \> « 4a\ + « y� ¥ ! y\ y. \ \ 2 , \ /} \ . 1\' . : • © 2. . . . . . y. . . . . .. . . . . . 2< y¥. . . . : . a.: ? : }, � ; %: \ . , » j. .t 2«.Z t 1:>{ »' »:y >\;J/ a. y i «\ - T .2 ./ \ ` ,>f . < � ��\ � \ ,. ,.: g y©« 16114 Heritage Bay Community Development District Inframark Management Services 5911 Country Lakes Drive• Fort Myers,Florida 33905 Telephone: (239)245-7118 • Fax: (239)245-7120 Date: To: Debby Keil-General Manager-The Quarry Community Association Cheryl Olilla-President-The Quarry Community Association George Cingle-Chairman-The Quarry Community Development District CC: Laura Severance-Heritage Bay Umbrella Association Subject: Heritage Bay Community Development District Control and Maintenance of Illinois Pond Weed in Boulder and Heritage Lakes Heritage Bay CDD(HBCDD)and The Quarry CDD(TQCDD)are co-operating entities(co-permittees)of the two recreational lakes(Boulder and Heritage Lake)with oversight of their respective assigned portions. Per the South Florida Water Management District(SFWMD)permit,the Heritage Bay PUD,and the Interlocal Agreement between the Heritage Bay Community Development District and The Quarry Community Development District,it is the responsibility of the HBCDD to maintain these lakes(with the exception of the western most section of Boulder Lake adjacent to TQ property)in terms of their intended function. It is the intent of the HBCDD to continue this responsibility... maintaining their functionality while ensuring the beauty and health of the lakes for the enjoyment of both communities. The primary function of these lakes is to collect massive amounts of"cleaned"water from both the Heritage Bay and The Quarry storm water retention ponds(the surface water management system)and move it through to the two main control structures maintained by the HBCDD. A secondary function is recreational use by The Quarry, including boating. Over the years,there has developed a belief that both Heritage and Boulder Lakes should be 100%free of all Illinois Pond Weed (IPW)to permit boating on all areas of these lakes. The HBCDD has been consistent in its belief that there is no benefit,economic or environmental,to rid these lakes of the IPW. The HBCDD has consistently maintained our intent to"control"the growth of the IPW to the best of our ability,consistent with the cyclical nature of the South Florida wet/dry seasons and best practices for the health of the lakes.(Reference letter to General Manager Adam Radler dated July 7,2017 and Ed Hubbard response to Laura Severance dated June 4,2019) With regard to the recreational use function, HBCDD efforts to control IPW include: regularly scheduled water quality testing, bathymetric surveying,chemical treatment,weed harvesting,and an increase in budgeted funds from$12,000 to$24,000(increase effective April 2019). The goal of these efforts is to collect sufficient data and have the funds available to help achieve the recommended/desired approach to controlling IPW in specific areas of these lakes. But again,it was never our intent to spend funds on 100%elimination of IPW. Recently,a number of sources/experts,commissioned by both The Quarry and HBCDD, have identified issues with the elimination of the IPW. They have identified IPW as a beneficial Florida "native aquatic plant".They have recommended that there be a balance of control and "living with"IPW. The most salient points of these expert's reports or letters have been identified below, and we ask you to consider their comments in totality and as they are intended. 1611A2 HBCDD-Turrell, Hall&Associates,Inc.(Marine&Environmental Consulting) ->"a native aquatic plant which provides ecological importance to aquatic animals,small fish and invertebrates, uptake of nutrients within the water and stabilization of shorelines through roots and rhizomes" ->"these lakes are not swimming pools and should not be considered as such. Completely eliminating all of the pondweed through chemical or alternative treatments could result in other adverse conditions such as poorer water quality, poorer water clarity,increased bacterial counts, more susceptibility to erosion and sloughing and lower fish populations" ->"my recommendation is that total elimination should not be the goal of the control program" ->"cutting the pondweed is a preferred methodology as this type of pondweed is not as aggressive in terms of propagating from cuttings as other species" TQ-John Cimbaro-Biological Scientist Ill-Florida Fish and Wildlife Conservation Commission ->" mostly from a fisheries standpoint, but what I will tell you that'what is good for the fish is good for the lake"' ->"the most important thing in determining the quality of the fish population will be the vegetation in the lake as that is the basis for the food chain." ->"once exotic or undesirable plant species have been eliminated or reduced you may wish to introduce more native vegetation. The FWC recommends about 25%to 30%plant coverage. Recommended species include spikerush, pickerelweed,arrowhead and bulrush" ->"if fish are not more numerous or larger,it is usually a lack of suitable vegetation in the lake. If the vegetation is improved,the fish population will follow". TQ-Guidelines for Designing and Managing Florida Ponds for Recreation (Issued by the Florida Fish and Wildlife Conservation Commission) ->Page 8: Aquatic Plant Management-"aquatic plants growing in and around a pond provide many benefits. They help maintain good water quality by reducing erosion and absorbing nutrients. Planting desirable species will allow you to maximize the biological,aesthetic and recreational potential of the pond. A mixture of submerged(below water), emergent(stems below and leaves above water)and shoreline(entire plant out of water)are recommended..." ->Page 9(figure 6):"desirable native species suitable for establishing a healthy pond:White Water Lilly, Eeigrass, Arrowhead,Spikerush, Pickerelweed and Pondweed".(Italics added) HB-How to Operate &Maintain Stormwater Management Systems-Published by Southwest Florida Water Management District ->Page 2:"Your SWMS....as long as they are constructed properly and maintained in an effective state,water quality standards are presumed to be met. Stormwater management systems should be inspected on a routine basis to ensure NI they are functioning properly....keeping detailed notes on maintenance activities...." ro n. 1611A 2 ->Page 10: "Wet retention ponds are designed to detain storm water for several days while pollutant-laden sediments settle to the bottom. Vegetation in the shallow littoral zone(the shallow zone created near the pond outfall structure that is designed to be vegetated)helps treat water through nutrient and heavy metal uptake." TQ-Recreational Boater's Guide-received from a TQ CDD representative at HBCDD request ->utilizing the graphic of Boulder and Stone Lakes,as presented to all boaters by the QCA, it is very obvious that Boulder Lake is much shallower than Stone Lake;Stone Lake shallowest areas are on average 20'to 25'. TQ-"Boulder,on average is only 15'deep at the lake control elevation of+12.5 feet(nkvd)and fluctuates with the water levels in the lakes and is prone to weed growth". ->Considering that pond weed allegedly grows to a depth of 12', it is quite obvious why the pond weed is such a problem in Boulder Lake with its many"high areas"within the lake which are the result of the actual mining practices prior to the Heritage Bay PUD. ->see the attached graphic of Boulder Lake which was taken from the Recreational Boater's Guide Heritage Bay-A Planned Unit Development"To the greatest extent practical,the existing rock quarries are incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes"(Italics added) HBCDD-Bathvmetric Analyses of Boulder Lake (GPS and Sonar Survey-Lowrance Mercator-June 13,2019) ->HBCDD commissioned bathymetric analyses of Boulder Lake to better understand the lake bottom composition,the actual bottom depth levels and undulations and where the preponderance of IPW is growing, -lake bottom composition:this shows us the areas of soft versus hard materials and permits us to understand, particularly in"soft"soil near the lake banks,where we may be prone to erosion. It is interesting to note that in many of the soft areas,along with the identified steepness of the bank(lake depth mapping),we have for the most part good littoral and/or pond weed growth and do not want to disturb these areas. -vegetative growth(bio-vegetative): taking into account the entire lake area,including the areas of responsibility of The Quarry,this lake is 119.22 acres with data confirming approximately 37.2%vegetative content or 44.34 acres. Utilizing guidance from some of the experts quoted above, it would appear that this lake is very close to the recommended plant coverage of 25-30%coverage.See attached file: Boulder-Vegetation Map_Bathymetric_07.16.19 -lake depth mapping: details confirm that Boulder Lake is a very shallow lake with depths,on average,ranging from 10'to 15'; note:bathymetric map indicates average depth of 11.03 feet. There are some very deep pockets but many areas as shallow as 8'to 10', particularly in the area of the Interlocal Agreement boundary. See"Boulder Lake Bathymetric Map"attached. ->HBCDD intends to continue utilizing such analyses to determine if we are being successful in controlling the growth of the IPW while monitoring the stability of our lake banks. Cr) Outlined below are the next steps and path forward that are consistent with the recommendations of these experts. ao 0. NEXT STEPS: Heritage Bay Community Development District Next Steps 1611A 2 -HBCDD will continue"controlling"the growth of the IPW by utilizing our past practices;chemical treatment(granular and/or liquid)when water levels are low and cutting utilizing the Truxor device when levels are high. -HBCDD will continue to reach out to understand and utilize"best maintenance practices"in controlling the IPW. -HBCDD has become much more aware of the value the IPW has on all of our lakes and we will continue to emphasize treatments which accomplish the control of the IPW while being mindful of its overall value in sustaining a healthy surface water management system. -HBCDD will continue to utilize water quality monitoring(7 test events since 2016)as well as sediment and sludge testing to understand the makeup of our lakes and to ensure that the water which flows into our two recreational lakes is clean and meets all environmental and permit requirements. -HBCDD will continue to monitor the performance of the two main control structures on Heritage and Boulder Lakes and perform maintenance and/or upgrades as required to ensure that there are no negative performance effects on either of our communities:TQ or HB. -HBCDD will continue to monitor and maintain the littorals shelf areas on Boulder Lake as required by our permit. Additionally,we will continue with our littorals planting initiatives on our 29 storm water retention ponds to ensure the ideal conditions for water treatment and lake bank stabilization. -HBCDD will respect the value of some IPW in our two recreational lakes(as detailed in the aforementioned comments) and no longer attempt to treat specific areas as detailed below. GOING FORWARD: Notice to The Quarry Community Association and The Quarry Community Development District Boulder Lake: -considering the prevailing belief that some pond weed is advantageous to the well-being of our lakes,and utilizing The Quarry Recreational Boater's Guide, and specifically the pictorial of Boulder Lake(attached),the HBCDD will only maintain the middle of this lake going west to east from the home site number 10 directly east to the HB lake bank as well as from the TQ boat launch area also directly east. See the second attached graphic"Boulder-Bathymetric Map_08.2019"which shows the actual planned maintenance boundaries. -HBCDD will install markers,visible to all boaters,on the Heritage Bay side of Boulder Lake to ensure that boaters understand the areas being maintained by the HBCDD. These markers will be maintained by the HBCDD. -HBCDD will continue to control the IPW in the areas within these above referenced marked areas(identified in green) including the area at the west end of Boulder Lake as required by the Interlocal Agreement signed by the parties on May 5,2016 -HBCDD will not treat or attempt to maintain any of the areas along the north and south lake banks,including the slalom course;maintenance of the slalom course will be the responsibility of the QCA. This means that areas north and south of this new"treatment area" will not be treated and boaters will need to be made aware of the potential for IPW if they venture outside of this identified area. Note:we will continue to maintain the canal leading to control structure L30C0002. ct oA 1611A ? -HBCDD will maintain the east bank of this lake but we will only"control"the IPW recognizing its environmental importance Heritage Lake: -recognizing that this lake is deeper than Boulder Lake,that the IPW is not as pervasive in this lake,and that QCA boaters seem to prefer this lake for boating due to its"protection"from windy conditions,etc.the HBCDD will"control" the IPW to ensure a positive and safe boating experience for QCA boaters. This includes the west bank areas,the north bank and the south bank,as well as under the bridge. -HBCDD will permit the growth of some IPW on the east end of this lake in the spirit of ensuring a reasonable and sustainable environment for our fish,wildlife and overall lake health. We,the Board of Supervisors of the Heritage Bay CDD, hope you understand our position as we collectively work toward an amicable use of the recreational lakes while continuing to recognize that their primary function is to collect water from both of our individual surface water management systems and move it through key control structures into the County Stormwater Management System.As we analyze the three important documents entitled 1.)South Florida Water Management District Environmental Resource Standard General Permit No. 11-02234-P 2.) Heritage Bay—A Planned Unit Development and 3.)Interlocal Agreement Relating to SFWMD Permit Requirements Entered into Agreement Between Heritage Bay CDD and Quarry CDD,we believe that we are maintaining our entire surface water management system,including the two recreational lakes,as required; and furthermore,we see no requirement to manage the two recreational lakes, Boulder and Heritage,to the point of totally eliminating the Illinois Pond Weed.We have attached key language from each of the above 3 documents. We will be implementing these processes as outlined in this letter and we will start these procedures as of the actual date of this notice. The Heritage Bay CDD looks forward to working with The Quarry CDD as we collectively continue to explore best practices to control IPW. We also continue to support the important initiative of"best practices meetings" led by the Heritage Bay Umbrella Association and look forward to continued dialog between both communities. On behalf of the Heritage Bay Community Development District Board of Supervisors. Sincerely, Edwin B. Hubbard Chairman-Heritage Bay Community Development District Attachments: Boulder-Bathymetric Map_08.2019 Boulder-TQ Rec Boaters Guide_Lot 10_08.2019 Boulder-Vegetation Map_Bathymetric_07.16.19 l.n ao 1611 A 2 BACK-UP SUPPORTING INFORMATION A. South Florida Water Management District Environmental Resource Standard General Permit No. 11-02234-P Date Issued: January 13,2006 5.0 Stormwater Management and Treatment System The stormwater management system for Heritage Bay is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the offsite wetland systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1 Wet Detention and Lake Interconnect Pipes The basic element of the stormwater management system consists of a series of interconnected wet detention ponds that provide stormwater treatment through a variety of physical, biological, and chemical processes. A wet detention ponds acts similar to a natural lake by temporarily detaining stormwater runoff, allowing opportunities for treatment processes to occur, prior to slow controlled discharge of the treated water through the outfall structure. Pollutant removal processes in wet detention systems occur during the quiescent period between storm events. Significant removal processes include gravity;settling of particulate matter; biological uptake of nutrients and other ions by aquatic plants, algae and microorganisms; along with natural chemical flocculation and complexation processes. Maintenance of wet detention ponds will consist of an annual inspection. During each annual inspection,the following items will be reviewed and corrected as necessary: A. Inspect the outfall structure and orifices to ensure free-flowing conditions and overall engineering stability of the outfall system B. Review the banks of the lakes and canals to ensure proper side slope stabilization and inspect for signs of excessive seepage that may indicate areas of excessive groundwater flow and possible subsurface channeling C. Physically evaluate each of the lakes and canals for evidence of excessive sediment accumulation or erosion D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired vegetation species, percent coverage, and density are maintained. (Italics added) At the completion of the inspections, a written inspection report will be prepared, listing any deficiencies that need to be addressed or correct by the Homeowners Association. ct on 16I1A BACK-UP SUPPORTING INFORMATION [Continued) B. Heritage Bay—A Planned Unit Development Date Approved July 29,2003 Ordinance Number:03-40 OPERATION AND MAINTENANCE-INTER-LOCAL AGREEMENT • URFTZO STANDARDS 1. The Heritage Bay PUD exceeds Standard#1 by providing a minimum of 863 acres in its Conservation/Preservation designation which are contiguous to off-site wetlands owned by the Corkscrew Regional Ecosystem Watershed (CREW) 2. The Heritage Bay PUD exceeds the 40% required native vegetation requirement 3. The Heritage Bay PUD exceeds the 70%open space requirement 4. To the greatest extent practical,the existing rock quarries are incorporated into the regional water management system and utilized to accommodate the passing through of off-site water flows and may be used for recreational purposes (Italics added) 5. The Heritage Bay PUD will connect to the County's regional water and wastewater facilities. C. INTERLOCAL AGREEMENT RELATING TO SFWMD PERMIT REQUIREMENTS ENTERED INTO AGREEMENT BETWEEN HERITAGE BAY CDD AND QUARRY CDD APPROVED MAY 5,2016 South Florida Water Management District letter dated July 29,2016: "As a condition of transfer,you have agreed that the operating entities will be perpetually bound by all terms and conditions of the permit, including compliance requirements". Operation and Maintenance Obligations (a.) Heritage Bay Responsibility. Heritage Bay shall be solely responsible, at its sole cost and expense, for the following:(i)compliance with all requirements and obligations of Heritage Bay as co- operating entity under the Approved SFWMD Application with respect to the real property owned by Heritage Bay and/or within Heritage Bay's jurisdictional boundaries; and (ii) any and all N necessary or required maintenance, repair, and replacement of the surface water management 16I1A 2 system authorized by the Approved SFWMD Application with respect to the real property owned by Heritage Bay and/or within Heritage Bay's jurisdictional boundaries. (b.)Quarry Responsibility. Quarry shall be solely responsible, at its sole cost and expense,for the following: (i) compliance with all requirements and obligations of Quarry as co-operating entity under the Approved SFWMD Application with respect to the real property owned by Quarry and/or within Quarry's jurisdictional boundaries; and (ii)any and all necessary or required maintenance, repair, and replacement of the surface water management system authorized by the Approved SFWMD Application with respect to the real property owned by Quarry and/or Quarry's jurisdictional boundaries. (c.) General Standard of Maintenance The surface water management system authorized by the Approved SFWMD Application shall be maintained, repaired, and/or replaced as required by the applicable Party designated above to keep the surface water management system in good operating condition as originally designed, permitted,and constructed and otherwise in a manner consistent with the present use and condition of the improvements as of the date thereof, which maintenance, repairs, and replacements shall be performed in accordance with all applicable governmental laws,codes,statutes, regulations,ordinances, permits and approvals. CO an 1611A 2 OR LAKE AREA acres BOULDER . AVERAGE DEPTH 93 Feet '° ESTIMATED VOLUME 5,1L 3 1Ai°e-feet r :, t Ba hymetric Map s Collier County, FL 0 250' 500 �r `:1 0 0 �ta8. GPS and Sonar Survey'June �,2o19 �` - et �: " Lov;rance Mercator 4. _ w*„' ( ;- 4�i y/1 ,.. - ae�. +,ate. ,ww. 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'til _a Y3 '0 79 • `.,i93 3? 99 13 MJ •73 0e 93•« @3 72 c 9 � 4411\ 1 9 9 1 1 Nik . _ wo' II _ R _.. �s r • • '� -- �. '+ fi • �._. , ::,„.....z.,....„...1: o- i � ° . E I .. S v Lake&Wetland ;;.,/,.. ' LI, ,. ), MANAGEMENT 16 ( 1A2 MINUTES OF MEETING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held on Thursday, August 1, 2019 at 9:00 a.m. in the Heritage Bay Clubhouse,10154 Heritage Bay Boulevard,Naples,Florida. Present were: Edwin Hubbard Chairman John May Vice Chairman Dennis Gagne Assistant Secretary Donna Hunter Assistant Secretary Jack Arcurie Assistant Secretary Also present were: Justin Faircloth District Manager Bob Koncar Regional Manager Albert Lopez CPH Gonzalez Ayres Lake&Wetland Management Alonzo Wiener Lake&Wetland Management The following is a summary of the actions taken at the August 1, 2019 Heritage Bay Board of Supervisors meeting. FIRST ORDER OF BUSINESS Call to Order Mr. Faircloth called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of Agenda • The July 25,2019 Field Management Report was distributed. On MOTION by Mr. May seconded by Ms.Hunter with all in favor the agenda was approved THIRD ORDER OF BUSINESS Public Comment on Agenda Items • None 1611A 2 August 1, 2019 Heritage Bay CDD FOURTH ORDER OF BUSINESS Engineer's Report A. Project Summary i. Lake Bank Restoration Project Update • Mr.Lopez provided a summary of the various projects noting bridge repair started and the outfall work not fully completed. • Discussion ensued with regards to work progress. • The missing weekly CPH reports are expected by the end of the week. ii. Q.E.Open Items for Completion • The Board inquired into the contract amount with Q.E. for the bridge quadrant repairs. • Supervisor Hubbard mentioned an area on the west bank of Lake 30A above the rip rap north of the bridge that may need to be a warranty repair with Q.E. due to erosion. iii. Clubhouse Dry Retention Modification Update • Mr. Hubbard reported on the retention modification project. iv. Veranda 5 Project Update—Installation of Outfall Improvements • CPH to review the request from Copeland Southern for larger catch basins for approval for the Veranda 5 drainage project. FIFTH ORDER OF BUSINESS Attorney's Report A. FEMA Update& Appeal • Staff provided an update on the denial letter. • Discussion ensued with regards to details of responding to FEMA. • District Counsel to work with CPH on 404 mitigation/Collier County LMS program. • CPH reviewed the bathymetric maps. The record will reflect Mr. Lopez left the meeting. SEVENTH ORDER OF BUSINESS Old Business A. Website and ADA Compliance • Discussion ensued with regard to the memorandum on ADA website compliance standards provided by the attorney. • A proposal from Campus Suite regarding website ADA compliance is expected for review at the next meeting. EIGHTH ORDER OF BUSINESS New Business A. Veranda VI ARC Request • Mr. Hubbard reported on the ARC request for patio installation between two garages for buildings 10299 and 10303. This is by a road which will sit over a drainage structure. 2 1611A2 August 1, 2019 Heritage Bay CDD Correspondence was sent to them; and if they wish to pursue an appeal they should attend a meeting to discuss this with the Board. NINTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of the June 6,2019 Meeting Mr.Faircloth stated each Board member received a copy of the minutes of the June 6,2019 meeting and requested any additions,corrections or deletions. On MOTION by Mr. Hubbard seconded by Mr. May with all in favor the Minutes of the June 6, 2019 meeting were approved. B. Acceptance of Financials • The record will reflect Mr. Gagne left the meeting. On MOTION by Mr.Arcurie seconded by Mr.May with all in favor the June 30, 2019 Financial Statements and Check Register were laccepted.4-0 C. Fiscal Year 2020 Tentative Budget • The fiscal year 2020 tentative budget with the requested changes regarding legal and website line items was reviewed. On MOTION by Mr. Hubbard seconded by Mr. May with all in favor the Fiscal Year 2020 tentative budget to be presented at the September 5,2019 Budget Public Hearing was approved.4-0 The record will reflect Mr. Gagne rejoined the meeting. D. Acceptance of Fiscal Year 2018 Audit • This is a clean audit. On MOTION by Mr. Gagne seconded by Mr. Arcurie with all in favor the Fiscal Year 2018 Audit was accepted; and the Chairman was authorized to execute the AFR. • The record will reflect Mr. Gagne was in agreement to move forward with the budget at the next meeting and to accept the financials as presented. 3 16I1A2 August 1, 2019 Heritage Bay CDD E. Discussion of Fiscal Year Meeting Schedule • The fiscal year meeting schedule was discussed. CDD Board will schedule monthly meetings, but plan to meet the following months: October, December, February, April, June,August and September. On MOTION by Ms. Hunter seconded by Mr. Gagne with all in favor the Fiscal Year meeting schedule was approved as presented. F. Field Manager's Report • The Field Manager's Reports for inspections conducted on June 20,2019 and July 25,2019 were reviewed. • It was requested monthly inspection reports be sent to the Board regardless of the meeting schedule. The record will reflect Mr. Wiener and Mr. Ayers joined the meeting. SIXTH ORDER OF BUSINESS Lake& Wetland Management& Services Reports • The June and July Lake &Wetland Inspection and Service Reports were reviewed. A. Project Updates • An update was provided and lake maintenance was discussed. • Mr. Ayers indicated they still owed Bahia grass for the bank of Lake 3. The record will reflect Mr. Wiener and Mr.Ayers left the meeting. B. Bathymetric Survey Maps • This item was previously addressed. NINTH ORDER OF BUSINESS District Manager's Report(continued) G. Follow Up Items i. M.R.I.Stormwater System Cleanout ii. 2019 Lake Bank Restoration Update • Updates were given on the various projects/open items. TENTH ORDER OF BUSINESS Supervisor Comments • Mr. Hubbard commented on updating permits; installing a combination lock on the gate around the Lake 30B outfall and thc Terrace VI pipe repairs; 4 1611A2 August 1, 2019 Heritage Bay CDD • Discussion ensued with regard to signage of the Quarry CDD preserve boundaries. • It was requested the erosion review to he completed in the Fall with the plan to present proposals for consideration at the February meeting. • Mr. Koncar updated the Board on the Inframark pending contract with the Quarry CDD. Questions and comments were addressed. The record will reflect Mr. Koncar left the meeting. • Mr. Hubbard distributed a proposed letter regarding the maintenance of Lake 30B to the Board. The Board took a ten-minute recess at 11:00 The Board reconvened at 11:10 a.m. • The Board provided recommendations for changes to the letter. It was requested that the letter be sent after final review/advice by the District Counsel. On MOTION by Mr. Gagne seconded by Ms. Hunter with all in favor the Chairman was authorized to reword the letter to the Quarry CDD and present for review by District Counsel and if no objection, submit the letter on behalf of the CDD to the Quarry CDD. • Richard Miller, a resident, requested the Board reconsider the Assessment Methodology for the Lake Bank Improvement Projects. • The Board requested the District Manager reply back to the resident. ELEVENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Gagne seconded by Mr. May with all in favor the meeting was adjourned.At 11:48. Justin Faircloth Edwin Hubbard Secretary Chairman 5 1611A3 Board of Supervisors Maureen McFarland,Chair/Treasurer Justin Faircloth,District Manager Mary Beth Schewitz,Vice Chair r` Greg Urbancic,Esq.,District Counsel Corrie Grado,Assistant Secretary , C iNR T�--- Dawn Aitkenhead, Supervisor KEY Luanne Kerins,Supervisor Community Development District Meeting Agenda (Amended) Wednesday,June 19,2019 Note: Requests to address the Board on all subjects, which are not on today's agenda, will be accommodated under"Audience Comments". All public continents are limited to a maximum of three minutes per attendee in order to facilitate orderly and efficient District business. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto and may need to ensure that a verbatim record of these proceedings is made at their expense. Any person requiring special accommodations at this meeting because of a disability of physical impairment should contact the District Office at 954-603-0033,extension 40532 at least two days prior to the meeting. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Approval of the Minutes of the April 17,2019 Meeting 5. Supervisors' Requests and Comments A. Key Marco CDD/Key Marco HOA Agreement Termination Discussion B. Key Marco CDD/Inframark Contract Discussion C. Key Marco CDD Dissolution Discussion 6. Inframark Introduction to the Board 7. Old Business A. Three Way Stop Sign at Blue Hill Drive and Whiskey Creek Drive 8. New Business A. Separation of CDD&HOA Expenses Discussion B. Crawford Landscaping Letter Dated April 25,2019 C. Crawford Landscaping Chinch Bug Application Proposal D. Crawford Landscaping Hurricane Season/Storm Clean Up Proposal E. Gatehouse Status i. Koala-T Painting,Inc.Estimate ii. Status of Planters F. Annual Landscape Contract Discussion District Office Meeting Location 210 N.University Drive,Suite 702 Key Marco Community Center Coral Springs,Florida 33071 505 Whiskey Creek Drive Marco Island,FL.34145 1611A3 Board of Supervisors Maureen McFarland,Chair/Treasurer Justin Faircloth,District Manager Mary Beth Schewitz,Vice Chair Greg Urbancic,Esq.,District Counsel Corrie Grado,Assistant Secretary Dawn Aitkenhead, Supervisor KEY,� li AR.(__0 Luanne Kerins,Supervisor Community Develoimterit District G. District Engineer Discussion 9. Attorney's Report A. Draft Rules of Procedure B. Consideration of Resolution 2019-06, Relating to Maintenance and Repair Expenditures 10. Manager's Report A. Approval of the Minutes of the March 20,2019 Meeting B. Approval of the Minutes of the April 17,2019 Meeting C. Special Event Request YMCA of South Collier Letter Dated April 25,2019 D. Acceptance of the Financials E. FY 2020 Proposed Budget F. Consideration of Resolution 2019-08,Election of Officers G. Report on the Number of Registered Voters(58) H. Follow-Up Items i. Gatehouse LPR Cameras Installation ii. FEMA Update iii. Website Discussion 11. Audience Comments 12. Adjournment *Next regular meeting and budget public hearing scheduled for July 17,2019 District Office Meeting Location 210 N.University Drive,Suite 702 Key Marco Community Center Coral Springs,Florida 33071 505 Whiskey Creek Drive Marco Island,FL.34145 1611A3 KEY 164.....LABco Community Development District Key Marco Community Development District(CDD) Rationale for Dissolution Last Spring, the Key Marco CDD Board appointed Supervisor Maureen McFarland to work with Carl Midkiff from the HOA Board to research whether it was in the best interests of Key Marco to continue to maintain a CDD. A budget limit of$25,000 was approved by the Board for legal fees. The following is a summary of the research and findings from this analysis. Community Development Districts (CDDs) are local units of special-purpose governments used primarily by developers to fund infrastructure projects. In 1992, the developer of Key Marco created the Key Marco CDD, which then issued bonds to finance the roads,bridge and gate house of Key Marco. Thus,the developer was not responsible to pay for this infrastructure; it was financed via CDD issued-bonds,which were the responsibility of the 134 Key Marco landowners. In December 2013,these bonds matured;the roads,bridge and guard house were fully paid off by the landowners of Key Marco. Now that the Key Marco CDD bonds have matured and the CDD no longer has any financial liabilities,members of Key Marco believed it prudent to determine whether the Key Marco CDD should continue to be maintained. As a special-purpose government, a CDD is encumbered by numerous regulations,reporting requirements, fees and other governmental restrictions. It was estimated during a Key Marco CDD Board Meeting that the cost of maintaining the Key Marco CDD is conservatively $65,000 plus per year. Is the +$65,000 annual cost, along with the numerous governmental burdens,justified now that the Key Marco landowners have paid off all CDD liabilities? ANALYSIS OF PRIMARY BENEFITS OF A CDD--AND THE IMPACT ON KEY MARCO I. Ability to issue tax-exempt bonds. The Key Marco CDD currently has about$800,000 in cash. A recent survey of the bridge estimates that it should continue to be operable for 75 more years. There is sufficient cash and future cash flow from annual assessments(either CDD or HOA)to cover maintenance and repairs of CDD property via reserve management. If Key Marco needed to issue debt in the future, there are other cost-effective alternatives than via a CDD structure. Hence,it is unlikely that Key Marco would need to issue bonds;even if we did, there are other cost-effective options. 2. Sovereign Immunity Protection. Both the HOA and the CDD currently have separate insurance policies; the HOA insures to protect the community from liability. By consolidating assets into one entity, the new insurance costs would not be significantly different from the current costs of insurance for each separate entity. ii Page 1611A3 3. The ability to levy and collect assessments on the tax roll. This collection mechanism is a distinct advantage of a CDD for Key Marco. With an annual assessment of$4,700, the breakeven of this advantage equates to about 14 lots annually not paying the assessment (65,000/4,700). Additionally,the Key Marco HOA has the ability to impose liens and foreclose such liens in order to collect delinquent dues. WHAT ARE THE NEGATIVES OF A CDD STRUCTURE FOR KEY MARCO? 1. Annual cost of+$65,000 to maintain the CDD (government fees, filing requirements,etc.) with limited benefits. The CDD structure imposes a significant burden on our small community to comply with all the governmental regulations, guidelines and compliance filings. 2. Transferring the Key Marco roads to the Key Marco HOA will allow for greater security and privacy,as well as decreased liability from people trespassing on private property(Marina,Plantation Ruins). 3. Demands two separate governing entities, each with its own annual assessments and distinct areas of interest, which is unnecessarily confusing to residents and potential buyers of Key Marco. Indeed, real estate agents in the area claim that having both a CDD and HOA are viewed as significant negatives by potential purchasers. 4. Forces a second Board alongside the HOA Board. Finding five volunteers for one Board is difficult for our small community; securing ten for two Boards is grueling. As a corollary, Key Marco has two different treasurers,two separate financial statements,two accountants,two websites,two D+O insurance policies,etc. For a small community of only 134 lots(and less than 30 houses,with less than half of these residents full-time),this extra layer of governmental bureaucracy and expenses is unnecessarily excessive and costly. 5. Given that the CDD is a type of government, the five Supervisors are governed by the Sunshine I,aw; residents and neighbors are restricted in their conversations about relevant issues within Key Marco and social interaction is negatively impacted. This creates confusion among residents/landowners and exacerbates un-neighborly behavior. Real estate agents in the area claim that some landowners in Key Marco are"nasty"(particularly to each other),rendering our community"undesirable". This list of negatives can fall under the category of"Efficiency" — financial, managerial, structural (reduced governmental oversight)and neighborly. We believe that Key Marco would be well served to simplify its structure, enhance efficiency, increase security and reduce costs by transferring the Key Marco CDD property to the Key Marco HOA and then dissolving the CDD. Maintaining the Key Marco CDD, created in 1992 by the developer to transpose the expense of the Key Marco infrastructure from itself to Key Marco landowners, is no longer justified by the full spectrum of costs associated with the CDD structure. Maureen McFarland,CFA Carl Midkiff Chair and Treasurer Director Key Marco CDD Board of Supervisors Key Marco Community Association 2 ' Page 1 6 1 1 A 3 The Florida Senate 2018 Florida Statutes Title XIII Chapter 190 SECTION 046 PLANNING AND DEVELOPMENT COMMUNITY DEVELOPMENT Termination,contraction,or DISTRICTS expansion of district. Entire Chapter 190.046 Termination,contraction,or expansion of district.— (1) A landowner or the board may petition to contract or expand the boundaries of a community development district in the following manner: (a) The petition shall contain the same information required by s. 190.005(1)(a)1.and 8.In addition,if the petitioner seeks to expand the district,the petition shall describe the proposed timetable for construction of any district services to the area,the estimated cost of constructing the proposed services,and the designation of the future general distribution,location,and extent of public and private uses of land proposed for the area by the future land use plan element of the adopted local government local comprehensive plan.If the petitioner seeks to contract the district,the petition shall describe what services and facilities are currently provided by the district to the area being removed,and the designation of the future general distribution,location,and extent of public and private uses of land proposed for the area by the future land element of the adopted local government comprehensive plan. (b) For those districts initially established by county ordinance,the petition for ordinance amendment shall be filed with the county commission.If the land to be included or excluded is,in whole or in part,within the boundaries of a municipality,then the county commission shall not amend the ordinance without municipal approval.A public hearing shall be held in the same manner and with the same public notice as other ordinance amendments.The county commission shall consider the record of the public hearing and the factors set forth in s. 190.005(1)(e)in making its determination to grant or deny the petition for ordinance amendment. (c) For those districts initially established by municipal ordinance pursuant to s. 190.005(2)(e),the municipality shall assume the duties of the county commission set forth in paragraph(b);however,if any of the land to be included or excluded,in whole or in part,is outside the boundaries of the municipality,then the municipality shall not amend its ordinance without county commission approval. (d)1. For those districts initially established by administrative rule pursuant to s. 190.005(1),the petition shall be filed with the Florida Land and Water Adjudicatory Commission. 2. Prior to filing the petition,the petitioner shall pay a filing fee of$1,500,to the county if the district or the land to be added or deleted from the district is located within an unincorporated area or to the municipality if the district or the land to be added or deleted is located within an incorporated area,and to each municipality the boundaries of which are contiguous with or contain all or a portion of the land within or to be added to or deleted from the external boundaries of the district.The petitioner shall submit a copy of the petition to the same entities entitled to receive the filing fee.In addition,if the district is not the petitioner,the petitioner shall file the petition with the district board of supervisors. 3. Each county and each municipality shall have the option of holding a public hearing as provided by s. 190.005(1)(c).However,the public hearing shall be limited to consideration of the contents of the petition and whether the petition for amendment should be supported by the county or municipality. 4. The district board of supervisors shall,in lieu of a hearing officer,hold the local public hearing provided for by s. I90.005(1)(d).This local public hearing shall be noticed in the same mariner as provided in s. 190.005(1)(d).Within 45 days of the conclusion of the hearing,the district board of supervisors shall transmit to the Florida Land and Water Adjudicatory Commission the full record of the local hearing,the transcript of the hearing,any resolutions adopted by 1 6 1 1 A 3 the local general-purpose governments,and its recommendation whether to grant the petition for amendment.The commission shall then proceed in accordance with s. 190.005(1)(e). 5. A rule amending a district boundary shall describe the land to be added or deleted. (e)1. During the existence of a district initially established by administrative rule,the process to amend the boundaries of the district pursuant to paragraphs(a)-(d)shall not permit a cumulative net total greater than 50 percent of the land in the initial district,and in no event greater than 1,000 acres on a cumulative net basis. 2. During the existence of a district initially established by county or municipal ordinance,the process to amend the boundaries of the district pursuant to paragraphs(a)-(d)shall not permit a cumulative net total greater than 50 percent of the land in the initial district,and in no event greater than 1,000 acres on a cumulative net basis. (1) Petitions to amend the boundaries of the district that exceed the amount of land specified in paragraph(e)shall be processed in accordance with s. 190.005,and the petition shall include only the elements set forth in s. 190.005(1) (a)1.and 5.-8.and the consent required by paragraph(g).However,the resulting administrative rule or ordinance may only amend the boundaries of the district and may not establish a new district or cause a new 5-year or 10-year period begin pursuant006(3)(a)2.The filing fee for such petitions shall be as set forth in s.190.00 5(1)(b),as to:ie''u, to a. 190;; applicable. (g) In all cases of a petition to amend the boundaries of a district,the filing of the petition by the district board of supervisors constitutes consent of the landowners within the district.In all cases,written consent of those landowners whose land is to be added to or deleted from the district as provided in s. 190.005(1)(a)2.is required. (2) The district shall remain in existence unless: (a) The district is merged with another district as provided in subsection(3)or subsection(4); (h) All of the specific community development systems,facilities,and services that it is authorized to perform have been transferred to a general-purpose unit of local government in the manner provided in subsections(5),(6), and(7);or (c) The district is dissolved as provided in subsection(8),subsection(9),or subsection(10). (3) The district may merge with other community development districts upon filing a petition for merger,which petition shall include the elements set forth in s. 190.005(1)and which shall be evaluated using the criteria set forth in s. [90 005(1)(e).The filing fee shall be as set forth in s. 190.005(1)(b).In addition,the petition shall state whether a new district is to be established or whether one district shall be the surviving district.The district may merge with any other special districts upon filing a petition for establishment of a community development district pursuant to s. 190.005.The government formed by a merger involving a community development district pursuant to this section shall assume all indebtedness of,and receive title to,all property owned by the preexisting special districts,and the rights of creditors and liens upon property shall not be impaired by such merger.Any claim existing or action or proceeding pending by or against any district that is a party to the merger may be continued as if the merger had not occurred,or the surviving district may be substituted in the proceeding for the district that ceased to exist.Prior to filing the petition,the districts desiring to merge shall enter into a merger agreement and shall provide for the proper allocation of the indebtedness so assumed and the manner in which such debt shall be retired.The approval of the merger agreement and the petition by the board of supervisors of the district shall constitute consent of the landowners within the district. (4)(a) To achieve economies of scale,reduce costs to affected district residents and businesses in areas with multiple existing districts,and encourage the merger of multiple districts,up to five districts that were established by the same local general-purpose government and whose board memberships are composed entirely of qualified electors may merge into one surviving district through adoption of an ordinance by the local general-purpose government,notwithstanding the acreage limitations otherwise set forth for the establishment of a district in this chapter.The filing of a petition by the majority of the members of each district board of supervisors seeking to merge constitutes consent of the landowners within each applicable district. (b) in addition to meeting the requirements of subsection(3),a merger agreement entered into between the district boards subject to this subsection must also: 1 6 1 1 A 3 1. Require the surviving merged district board to consist of five elected board members. 2. Require each at-large board seat to represent the entire geographic area of the surviving merged district. 3. Ensure that each district to be merged is entitled to elect at least one board member from its former boundary. 4. Ensure a fair allocation of board membership to represent the districts being merged.To that end: a. If two districts merge,two board members shall be elected from each of the districts and one member shall be elected at-large. b. If three districts merge,one board member shall be elected from each of the three districts and two board members shall be elected at-large. c. If four districts merge,one board member shall be elected from each of the four districts and one board member shall be elected at-large. d. If five districts merge,one board member shall be elected from each of the five districts. 5. Require the election of board members for the surviving merged district to be held at the next general election following the merger,at which time all terms of preexisting board members shall end and the merger shall be legally in effect. (c) Before filing the merger petition with the local general-purpose government under this subsection,each district proposing to merge must hold a public hearing within its district to provide information about and take public comment on the proposed merger,merger agreement,and assignment of board seats.Notice of the hearing shall be published at least 14 days before the hearing.If,after the public hearing,a district board decides that it no longer wants to merge and cancels the proposed merger agreement,the remaining districts must each hold another public hearing on the revised merger agreement.A petition to merge may not be filed for at least 30 days after the last public hearing held by the districts proposing to merge. (5) The local general-purpose government within the geographical boundaries of which the district lies may adopt a nonemergency ordinance providing for a plan for the transfer of a specific community development service from a district to the local general-purpose government.The plan must provide for the assumption and guarantee of the district debt that is related to the service by the local general-purpose government and must demonstrate the ability of the local general-purpose government to provide such service: (a) As efficiently as the district. (b) At a level of quality equal to or higher than the level of quality actually delivered by the district to the users of the service. (c) At a charge equal to or lower than the actual charge by the district to the users of the service. (6) No later than 30 days following the adoption of a transfer plan ordinance,the board of supervisors may file,in the circuit court for the county in which the local general-purpose government that adopted the ordinance is located,a petition seeking review by certiorari of the factual and legal basis for the adoption of the transfer plan ordinance. (7) Upon the transfer of all of the community development services of the district to a general-purpose unit of local government,the district shall be terminated in accordance with a plan of termination which shall be adopted by the board of supervisors and filed with the clerk of the circuit court. (8) If,within 5 years after the effective date of the rule or ordinance establishing the district,a landowner has not received a development permit,as defined in chapter 380,on some part or all of the area covered by the district,then the district will be automatically dissolved and a judge of the circuit court shall cause a statement to that effect to be filed in the public records. (9) In the event the district has become inactive pursuant to s. 199.062,the respective board of county commissioners or city commission shall be informed and it shall take appropriate action. (10) If a district has no outstanding financial obligations and no operating or maintenance responsibilities,upon the petition of the district,the district may be dissolved by a nonemergency ordinance of the general-purpose local governmental entity that established the district or,if the district was established by rule of the Florida Land and Water Adjudicatory Commission,the district may be dissolved by repeal of such rule of the commission. 1611A3 History.—s 2,ch.80-407;ss.13,19,ch.84-360;s.49,ch.89-169;s.11,ch.91-308;s.43,ch.99-378;s.34,ch.2004-345;s.31,ch.2004-353;s.10, ch.2009-142;s.22,ch.2013-15;s.70,ch.2014-22;s.3,ch.2016 94;s.4,ch.2017-3. Disclaimer: The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright©2000- 2019 State of Florida. 1 6 1 1 A 3 C Y l< 4001 Tamiami frail North, Suite 300 Naples, Florida 34103 T: 239.435.3535 I F: 239.435.1218 COLEMAN YOVANOVICH ! KOESTER Writer's email: gurbancic(lcvk lawfirm.com April 17,2019 VIA EMAIL ONLY(herbmaricakrutischna,gmai.l.com) Key Marco Community Association,Inc. c/o Herbert J.Krutisch,President 1187 Blue Hill Creek Dr. Marco Island, FL 34145 Re: HOA-CDD Agreement dated as of February 1,2017 Notice of Agreement Termination Dear Herb: As you know,my law firm serves as legal counsel to Key Marco Community Development District (the"District"). Key Marco Community Association,Inc.(the"HOA")and the District are parties to that certain HOA-CDD Agreement dated as of February 1,2017(the"Agreement"), which Agreement relates to the HOA's provision of district management services. This letter is being sent on behalf of the District and at the direction of the District's Board of Supervisors. Pursuant to Section 4 of the Agreement,either party is permitted to terminate the Agreement upon thirty(30)days' written notice to the other party. Accordingly, please accept this letter as written notice pursuant to Section 4 of the Agreement that the District elects to terminate the Agreement as of 5:00 p.m. on May 31,2019. The District appreciates the service that the HOA has provided under the Agreement. Prior to May 31, 2019,the newly appointed District Manager from the firm of Inframark, LLC will be in contact with the HOA to discuss the transfer of all books and records of the District. Your assistance in transferring these materials in an orderly and professional fashion would be appreciated. Please contact me with any questions with respect to this correspondence. Sincerely, Ite 1. Gregory L.Urbancic For the Firm cc: Board of Supervisors, Key Marco Community Development District cyklawfirm.com 16 11A3 HOA—CDD AGREEMENT THIS HOA-CDD AGREEMENT (this "Agreement") is entered into as of this 1st day of February,2017,between KEY MARCO COMMUNITY ASSOCIATION,INC.,a Florida not-for-profit corporation (the "Association"), and KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a community development district established and existing pursuant to Chapter 190, Florida Statutes(the"CDD"). WITNESSETH THAT: WHEREAS,the CDD is a local unit of special-purpose government established by ordinance adopted by Collier County pursuant to the Uniform Community Development District Act of 1980, Chapter 190,Florida Statutes,as amended;and WHEREAS, the Association is a private not-for-profit corporation formed pursuant to Chapter 720, Florida Statutes that owns and operates certain common facilities within the jurisdictional boundaries of the CDD. The membership of the Association is comprised solely of property owners within the CDD;and WHEREAS,the Association has hired a full-time manager to be responsible for the affairs of the Association;and WHEREAS, for ease of administration, potential cost savings to property owners and residents and the benefits of full time on-site management personnel, the CDD desires to contract with the Association such that the Association will provide management services to the CDD as described herein;and WHEREAS,the parties hereto desire to enter into this Agreement to define and set forth the terms and conditions of the management services to be provided by the Association to the CDD. NOW,THEREFORE, in consideration of the mutual covenants and agreements set forth below,it is hereby covenanted and agreed by the Association and the CDD as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Hiring and Managing a Key Marco Manager. The Association has engaged a full-time employee pursuant to an employment agreement (the "Employment Agreement") to be the Association's manager (the "Manager"). As the manager of the Association,the Manager will manage the Association's property and business affairs of the Association. The Association agrees to provide community development Page 1 of 8 1611A3 management services through the Manager to the CDD pursuant to this Agreement. The duties of the Manager for both the Association and the CDD are set forth in Exhibit"A"attached hereto and made a part hereof("Duties"). The Duties of the Manager may be modified from time to time in writing upon the mutual agreement of the parties. All management services included within the Duties and provided to the CDD shall be carried out and performed by the Association in compliance with all applicable laws,statutes,ordinances,administrative rules and regulations, CDD rules,and applicable permit requirements. While the Manager will be an employee of the Association,the Manager shall have a dual reporting relationship to two boards(the"Boards"): (i)the Board of Directors of the Association for Association matters and responsibilities and (ii) the Board of Supervisors of the CDD for CDD matters and responsibilities. The Association and the COD agree that,if in the process of discharging the Duties there is a dispute or disagreement between the HOA and the CDD on the focus or priorities of the Manager,the Boards will either(i)meet to settle the dispute or(ii)each Board will appoint one (1) representative to meet to settle the dispute. No one individual on either Board may change the Duties of the Manager or determine priority or focus of duties for the Manager(excepting the situation noted in the preceding sentence where each Board has appointed one representative to settle a dispute). 3. Manager Compensation Budget. The Association has established an overall compensation budget for the Manager in the first year of its Employment Agreement of$94,000,which amount is payable as an$89,000 base salary and$5,000 performance-related bonus. The Association has also established a one-time budget amount of $10,000 to set up the on-site office for the Manager. Pursuant to the Employment Contract,the Manager will be responsible for the Manager's own health care and health insurance costs. For reference,the Employment Contract between the Association and the Manager also includes the following terms: (a) A$5,000 bonus shall be paid after the 12th month of employment provided the Manager receives an average of 4 or more rating,on a scale of 1-5,on a performance evaluation which requires that each board member of the HOA and the CDD(10 in total)rate the Manager's performance in four major areas of the job description on a scale of 1-5 (five being highest performance). The average of 4 or more shall be calculated by adding up all the board members ratings and dividing it by the number of board members participating. This bonus amount of $5000 shall continue in succeeding years and be added to the base salary as along as the Employee receives a 4+evaluation rating,as described in this paragraph,for the year the bonus is awarded. (b) The Manager shall be entitled to vacations of not less than two weeks per year during the off season (May 1 to October 31)in Marco Island, Florida, rising to three weeks per year starting in the second year of employment provided that the Manager receives a Page 2 of 8 1611A3 performance evaluation where the average rating is 4 or more for every major category of the job description as described above. An exception to the off-season requirement will be made during the first year of employment so that the Employee may attend a wedding in March,2017. (c) Exceptions may also be made,on a case-by-case basis,for approved absences not exceeding two business days. Annual vacations must be scheduled with the advance consent of the Association and may not be carried forward to another year nor will payment be received for unused days. Up to 5 sick and/or personal days may be taken as needed. (d) The following holidays shall be considered paid holidays for Manager: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day and the day after,1:00 P.M. onward on Christmas Eve,Christmas Day,and 1:00 p.m.onward on New Year's Eve. (e) The Manager shall be entitled to use of personal car for business mileage reimbursement at the federally mandated mileage rate. Mileage reimbursement shall not include traveling to and from home to work. The Manager shall also be entitled to$50 a month reimbursement for business use of the Manager's private cell phone. The mileage reimbursement shall be paid monthly upon submission of expense reports detailing the mileage activity and purpose. The $50 monthly cell phone payment shall be set up as auto pay each month. 4. Term,Amendment and Termination of Manager. The effective date of this Agreement(the"Effective Date")shall be the date on which this Agreement has been fully executed by the parties and a fully executed copy delivered by the last party to sign to the other party. The initial term of this Agreement shall commence on February 1, 2017 and end on January 31, 2018 ("Initial Term"). This Agreement shall be automatically renewed for successive one (1) year periods(each, a "Renewal Term") at the end of the Initial Term commencing on February 1,2018 and thereafter on each anniversary thereof unless and until either party provides the other party at least thirty(30)days prior written notice of its intent not to renew. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the CDD and the Association. Either party may terminate this Agreement for any or no reason upon thirty (30) days' prior written notice to the other party. Either party shall have the right to terminate this Agreement upon written notice to other party that said other party has defaulted in the performance of any of the obligations imposed on it under this Agreement and said defaulting party does not,after being notified of the existence of default, cure said default within thirty(30)days after the defaulting party's receipt of notice. The parties acknowledge that pursuant to the Employment Agreement,the Manager may be terminated by the Association as the Association's employee for any reason or for"Cause". For purposes of the Employment Agreement, "Cause" means the Manager's gross misconduct Page 3 of 8 1611A3 resulting in material damage to the Association or the COD or willful and material breach of the Employment Agreement. Notwithstanding the Association's rights under the Employment Agreement relating to termination of the Manager,the Association agrees that during the Initial Term and any Renewal Term the Manager shall not be terminated by the Association without prior notice to the CDD and the consent of the CDD. 5. Payment of Management Fee. As consideration for the services that the Association agrees to provide hereunder,the CDD agrees to pay to the Association a flat yearly fee of$72,000(the"Management Fee")during the Initial Term for the services. The Management Fee shall be earned and paid in equal monthly installments of $6,000 at the beginning of each month during the Initial Term. Upon any termination of this Agreement,the Association shall be entitled to be paid the Management Fee prorated through the date of termination. The Management Fee for any Renewal Term shall be negotiated and agreed upon prior to the start of the applicable Renewal Term; provided, however,that in the event the parties do not agree on a Management Fee,the Management Fee in effect for the immediately preceding year shall apply. In addition to the Management Fee,the CDD shall pay to the Association a one-time fee of$5,000 for start-up costs in providing the management services hereunder. Said fee shall be paid to the Association within thirty(30) days after the Effective Date. The Association shall be responsible for any expense reimbursements (such as mileage and cell phone reimbursement costs) of the Manager arising pursuant to the Employment Agreement. The CDD shall not responsible to the Association for any other fees and costs unless approved by the Board of Supervisors of the CDD. 6. Public Records. In connection with its services to the CDD,the Association agrees to fully comply with the provisions of Section 119.0701, Florida Statutes pertaining to Florida's Public Records Law. Said compliance will include the Association taking appropriate and necessary steps to comply with the provisions of Section 119.0701(2)(b), Florida Statutes including, without limitation, the following: a. The Association shall keep and maintain public records required by the CDD to perform the services hereunder. b. Upon a request for public records received by the COD, the Association shall provide the CDD with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or otherwise provided by law. c. The Association shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized Page 4 of 8 1611A3 by law for the duration of the agreement term and following completion of this Agreement if the Association does not transfer the records to the CDD. d. Upon completion of this Agreement,the Association shall transfer,at no cost,to the CDD all public records in possession of the Association consistent with Florida law. All records stored electronically by the Association must be provided to the CDD, upon request from the CDD's custodian of public records,in a format that is compatible with the information technology systems of the CDD. Failure of the Association to comply with Section 119.0701, Florida Statutes may subject the Association to penalties under Section 119.10, Florida Statutes. Further, in the event the Association fails to comply with this Section or Section 119.0701,Florida Statutes,the CDD 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 THE ASSOCIATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE ASSOCIATION'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT NEIL DORRILL C/O DORRILL MANAGEMENT GROUP, INC., TELEPHONE: 239-592-9115, EMAIL: NEIL@DMGFLCOM AND MAIUNG ADDRESS: 5672 STRAND COURT, SUITE 701, NAPLES, FL 34110 (OR APPLICABLE SUCCESSOR), WITH A COPY TO COLEMAN, YOVANOVICH & KOESTER, P.A., ATTN: GREGORY L URBANCIC, ESQ., EMAIL: GURBANCIC@CYKLAWFIRM.COM, AND MAIUNG ADDRESS: 4001 TAMIAMI TRAIL N.,SUITE 300, NAPLES, FL 34103. 7. independent Contractor. This Agreement does not create an employee/employer relationship between the parties or between the CDD and the Manager. It is the intent of the parties that the Association is an independent contractor under this Agreement and not the CDD's employee for all purposes, including but not limited to,the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Workers' Compensation Act,and the State unemployment insurance law. The Association shall retain sole and absolute discretion in the judgment of the manner and means of carrying out the Association's activities and responsibilities hereunder provided, further that administrative procedures applicable to the services performed shall be those of the Association,which policies of the Association shall not conflict with the COD, or other government policies, rules or regulations relating to the use of the CDD's funds provided by this Agreement. The Association agrees that it is a separate and independent enterprise from the CDD,that it has full opportunity Page 5 of 8 1611A3 to find other business,that it has made its own investment in its business,and that it will utilize the skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Association and the CDD and the CDD will not be liable for any obligation incurred by the Association,including but not limited to unpaid minimum wages and/or overtime premiums. The Association shall not incur expenses on behalf of the CDD, enter into any contract on behalf of the CDD, either written or oral,or in any other way attempt to obligate or bind the CDD except upon the express prior written approval of the CDD, which approval may be granted, conditioned, or withheld in the CDD's sole and absolute discretion. 8. Notices. Any notice required or permitted to be given under this Agreement shall be in writing. Notices shall be sent by(i)certified mail,return receipt requested with postage prepaid,(ii)hand- delivery, (iii) email, or(iv) commercial overnight courier(such as FedEx or UPS). Notices to the Association shall be sent to the President of the Association at the home address of the President within Key Marco(currently Herbert J.Krutisch, 1187 Blue Hill Creek Dr.,Marco Island, FL 34145 "herbmaricakrutisch@gmail.com") or at such other address as the Association shall specify hereinafter in written notice to the COD. Notices to the CDD shall be sent to the Chairman of the COD at the home address of the Chairman within Key Marco(currently Maureen McFarland,1230 Blue Hill Creek Dr., Marco Island,FL 34145,mmmcfcdd@gmail.com),or at such other address as the CDD shall specify hereinafter in written notice to the Association. A copy of any notice to the COD shall also be provided to the CDD's Counsel at Coleman,Yovanovich &Koester, P.A.,Attn: Gregory L. Urbancic, Esq., Northern Trust Bank Building, 4001 Tamiami Trail North, Suite 300, Naples, FL 34103, gurbancic@cyklawfirm.com. Any notice sent by certified mail be deemed received on the third(3rd)business day following the day the notice is provided to the U.S.Postal Service;when delivered to the party if hand-delivered;upon transmission if sent by email;or on the next business day following the day sent, if sent by commercial overnight courier with next business day delivery guaranteed. 9. Applicable Law;Venue. The provisions of this Agreement shall be construed in accordance with the laws of the State of Florida. Sole and exclusive venue for any litigation involving this Agreement shall lie in Collier County,Florida. 10.Counterparts. The Agreement may be executed in two or more counterparts,any one of which shall be deemed the original without reference to the others. Page 6 of 8 1611A3 Exhibit"A" Duties Page 8 of 8 1 6 1 1 A 3 District Manager functions and Duties District Administration,Management and Recording Services • Preparation of Legal Notices,Affidavits in an authorized news paper of general circulation • Administer web site compliance,uploads,document retrieval u Prepare tentative,Final Budget as more described below • Preparation of specifications,Requests for Proposals,Applications for services contracts, Public Officials liability,insurance renewals,auditing and property appraiser agreement • Record,transcribe,edit and retain minutes of meetings of the Board of Supervisors in accordance with Florida Law G Participate in all meetings to provide the Board with Administrative input on issues before the Board Compliance and Disclosure Information • Provide annual or required compliance/disclosure of information to local governments • Interlocal Agreement for irrigation water,Collier County • Land Owners Election certification,Supervisor of Elections FS 190.006 • Public Facilities Report,Collier County or Marco FS 189.08 • Designation of Registered Office and Agent,Secretary of State • Annual Public Meetings Schedule,Collier County • Issue Audited Financial Statement • Insure compliance with Florida statutes as noted: • Annual Financial Audit(189.016,218.32)Auditor General • District Annual Financial Report(189.016,Rule 10.550)Comptroller/Financial Services • Public Depositor Report(280.17,FL Admin.Code 2.032)Treasurer • Proposed Budget(189.05) • Levying of Non-Advolorem Assessments(189.050) o District New Board Member education(189.063) • District Map or Amendments(189.0418) 1611A3 o Regular Public Meeting Schedule(1B9.0417) ▪ Coordinate compliance with operating permits o SFWMD 9 Consumptive water use permit,water quality and purpose 11-01876-W o Surface water management/ERP 11-00672-5 • Establish record retention/management/disposal systems District documents and record of proceedings FS.257.36 • Process,file agreements,contracts,resolutions • Prepare agendas of public meetings • Publish required public notes • Maintain custody of District Seal and executed documents as Secretary or Asst. Secretary Audit Preparation • Prepare required schedules for year end o Prepare schedule of bank reconciliations • Prepare cash confirmations to authorized public depositions and trustee if applicable • Prepare schedule/analysis of accounts receivable • Prepare schedule of payables • Prepare schedule of pre-paid expenses • Prepare schedule of changes In balance • Prepare schedule of interest income • Prepare schedule of transfers,cash receipts and disbursements • Prepare or coordinate depreciation schedules • Prepare schedules of fixed assets and longterm debt Budget,Accounting Services • Submit a preliminary budget to the Board of Supervisors(FS 190) • Submit to the local County a copy of the"Approved Final'budget and notice of Public Hearing for adoption 1611A3 e Prepare budget and assessment resolutions • Coordinate budget preparation notices to landowners • Prepare budget adoption and transmittal resolution for the Board and Property Appraiser • Administer interlocal agreement with Property Appraisers for assessment services o Establish Fund Accounting System in accordance with Department of Banking and Finance a Establish Investment Policies if applicable pursuant to FS 218 a Maintain budget and amendment resolution as necessary e Maintain banking resolutions and signature card compliance e Cooperate with trustee on defense matters o Set up/maintain chart of accounts o Prepare and monitor financial statements o Administer accounts payable and receivables in accordance with Florida chart of accounts • Prepare payroll and required reports for employees or supervisors(W-4's,I-9's) • Coordinate bid specification,solicitation far goods and services FS 19.033 Other e Conduct surplus property sales and disposition of public assets(FS 217) 6 11A3 11.Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and the terms of this Agreement shall control and supersede any and all other prior understandings. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year first above written. ASSOCIATION: KEY M RO COMMUNITY ASSO AT]ON,INC., a Flo da ot-for-profit Trpora ' n By: Herbert J.Krutisch,President CDD: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, a community development district Att- / , f By67f__r_7 /A/2 6 (7 Maureen McFarland,Chairman eil Do ill,Secretary Page 7 of 8 1611A3 AGREEMENT BETWEEN KEY MARCO COMMUNITY DEVELOPMENT DISTRICT AND INFRAMARK,LLC FOR MANAGEMENT SERVICES THIS AGREEMENT is made and entered as of this 20th day of May,2019(the"Effective Date") by and between KEY MARCO COMMUNITY DEVELOPMENT DISTRICT ("DISTRICT"),a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in the City of Marco Island, Collier County. Florida and INFRAMARK,LLC,a Texas limited liability company("CONSULTANT"),whose address is 210 North University Drive,Suite 702,Coral Springs, Florida 33071. WITNESSETH WHEREAS, the DISTRICT desires to employ the services of the CONSULTANT for providing the DISTRICT with certain district management services as more fully set forth in Exhibit A hereunder; and WHEREAS, the CONSULTANT desires to provide such services to the DISTRICT subject to the terms hereof NOW,THEREFORE,in consideration of the mutual covenants and agreements expressed herein the parties agree as follows: ARTICLE 1.SCOPE OF SERVICES AND CONSULTANT RESPONSIBILITIES 1.1 The DISTRICT hereby engages the CONSULTANT to be the exclusive provider of the services described and set forth in Exhibit A and for the compensation described in Exhibit 13, attached hereto and incorporated by reference herein. As of the Effective Date. this Agreement shall supersede and replace that certain Agreement Between Key Marco Community Development District and Inframark, LLC for Management Services dated January 1,2018. 1.2 The CONSULTANT may offer and/or the DISTRICT may request that additional services be provided under this Agreement. If the CONSULTANT and the DISTRICT agree upon a change in the scope of services to be provided under this Agreement, the change in compensation, if any, shall be agreed between the DISTRICT and CONSULTANT in writing and will be invoiced in accordance with this Agreement. 1.3 The CONSULTANT shall devote such time as is necessary to complete the duties and responsibilities assigned to the CONSULTANT under this Agreement. 1.4 All services will be rendered by and under the supervision of qualified staff in accordance with applicable law, industry standards, and the terms and conditions set forth in this Agreement. Even though CONSULTANT'S staff may include licensed attorneys and 1 1611A3 engineers, the DISTRICT acknowledges that CONSULTANT is not performing in the capacity of a law firm or an engineering firm when providing services under this Agreement. Other than the requirement to render the services as set forth in this Section 1.4 and Exhibit A, CONSULTANT makes no specific representation or warranty regarding the services or any deliverables to be provided hereunder and all warranties arising by custom or usage in the profession, or arising by operation of law are hereby expressly disclaimed. 1.5 lithe scope of services hereunder requires the CONSULTANT to administer or supervise the DISTRICT'S employees, the CONSULTANT shall riot be responsible for any damages, losses, settlement payments, deficiencies, liabilities, costs, and expenses resulting from the failure of the DISTRICT's employees to follow the instructions of the CONSULTANT. Similarly, if during providing the services required by this Agreement, the CONSULTANT follows the instructions of the DISTRICT, the CONSULTANT shall not be responsible for any damages, losses, settlement payments, deficiencies, liabilities,costs,and expenses resulting therefrom. 1.6 In performing the services hereunder, CONSULTANT may rely on information supplied by the DISTRICT,or others,and CONSULTANT shall not be required to independently verify the accuracy and completeness of such information, unless specifically directed to do so by the DISTRICT.CONSULTANT is not responsible for any inaccuracies or errors contained in information relied on by CONSULTANT and supplied by the DISTRICT, or others. In addition,although the CONSULTANT may participate in the accumulation of information developed by others necessary for use in documents required by the DISTRICT, CONSULTANT is not responsible for verifying the accuracy of such information, except with respect to all services being provided by CONSULTANT as to the finances and accounting of the DISTRICT and as otherwise provided herein. 1.7 The CONSULTANT acknowledges and agrees that it owes a duty of loyalty,fidelity and allegiance to act, during the term of this Agreement, in the known interests of the DISTRICT and to not knowingly take any action which would injure the DISTRICT's business, its interests,or its reputation. Further,the CONSULTANT shall not,during the term of this Agreement, engage in any activity which constitutes a Conflict of Interest(as defined below). For purposes of this Agreement, "Conflict of Interest"means any act or activity, or any interest about,or any benefit from any act or activity,which knowingly is averse to the interests of or would in any material way injure the DISTRICT. Notwithstanding any provision to the contrary contained herein,this Section 1.7 shall not prohibit the CONSULTANT from (a) performing water and wastewater utility management, customer services, utility billing,operation and maintenance services to the DISTRICT under a separate agreement; and (b) providing for the benefit of any other district services like the services provided to the DISTRICT hereunder. DISTRICT hereby waives all conflicts of interests or potential conflicts of interest in connection therewith,it being specifically agreed to and understood that CONSULTANT'S provision of any such services to the DISTRICT or to any other district shall not constitute a conflict of interest under this Agreement. The CONSULTANT warrants that it has not employed or retained any company or person,other than a bona fide employee or previously retained sales consultant, to solicit or secure this Agreement and that it has not paid or agreed to 2 1611A3 pay any person,company,corporation,individual.or firm other than a bona fide employee working solely for the CONSULTANT or a previously retained sales consultant any fee, commission,percentage,gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 1.8 The CONSULTANT warrants and represents that it shall refrain from unlawful discrimination in performing its obligations under this Agreement. 1.9 The DISTRICT acknowledges and agrees that in the course of providing the Services, it may be necessary for CONSULTANT to use.DISTRICT computer systems,data systems, or networks, or to come into contact with DISTRICT residents' personal information. DISTRICT shall notify CONSULTANT of any protocols for said systems and information, and CONSULTANT shall follow all such protocols as provided, and shall not be liable for the loss or compromise of DISTRICT systems or information. If no protocols are provided, then CONSULTANT shall treat such systems and information with the same degree of care and confidentiality as it treats its own systems and information,but no less than a reasonable degree of care.Notwithstanding anything in this Agreement to the contrary, CONSULTANT is not liable for any liabilities, losses, damages, expenses, fines, or penalties incurred by the DISTRICT or any third party as a result of a data security breach or other cyber security breach to the DISTRICT's computer systems, operating systems, and all other technological or information systems related to the Services provided hereunder,except to the extent such liability,loss,damage,expense, fine, or penalty is the direct result of CONSULTANT's gross negligence or willful misconduct. ARTICLE 2. REPRESENTATIONS AND WARRANTIES OF THE DISTRICT 2.1 DISTRICT represents and warrants that this Agreement, DISTRICT'S execution and delivery of this Agreement and DISTRICT'S performance of its obligations hereunder, have been duly and validly authorized by DISTRICT by all necessary action. This Agreement has been validly executed and delivered by.DISTRICT and constitutes a legal. valid,and binding obligation of DISTRICT,enforceable in accordance with its terms. 2.2 DISTRICT shall perform all duties and discharge all responsibilities and obligations not expressly assumed by the CONSULTANT pursuant to the terms of this Agreement. ARTICLE 3. COMPENSATION 3.1 Commencing as of the Effective Date, DISTRICT shall pay CONSULTANT an annual fee of$29,077.00("Annual Management Fee")and all other applicable costs and charges as set out in Exhibit B. CONSULTANT shall issue a monthly invoice on the first of the month for the Annual Management Fee in equal monthly installments of$2,423.08 for the Services to be provided that month and for all other costs and charges permitted under this Agreement.Payment to the CONSULTANT for all services rendered shall be made within thirty (30) days after the CONSULTANT's issuance of an invoice, in accordance with Florida law. 3 16I1II3 3.2 Any disputes regarding invoices shall be raised, in writing setting forth sufficient detail regarding the nature of the dispute,within twenty(20)business days from the date of said invoice. If DISTRICT does not properly raise a dispute with an invoice within twenty (20)business days from the date of said invoice,any such disputes will be waived. 3.3 Any and all late payments due to CONSULTANT from DISTRICT shall accrue interest at a rate of one and one-half percent(1 '/z%)per month from the original due date and until payment is received,unless waived by agreement. Disputed payments shall not be deemed late payments and shall not accrue interest except and until thirty(30)days after a judicial determination or other mutual resolution between the parties. 3.4 For each fiscal year of the DISTRICT,the compensation payable to the CONSULTANT under the terms and conditions of this Agreement shall be in an amount approved by the DISTRICT in its final fiscal year budget. Each fiscal year the DISTRICT will consider price adjustments to compensate for market conditions and the anticipated type and amount of work to be performed by the CONSULTANT during the upcoming fiscal year of the DISTRICT. In no event shall the compensation payable to the CONSULTANT be reduced, unless agreed to by the DISTRICT and CONSULTANT, in writing. 3.5 If the fiscal year budget is not approved prior to the first day of the fiscal year, the CONSULTANT'S compensation under this Agreement will continue at the rate currently in effect at the time of renewal. The subsequent approval of the budget will result in a retroactive fee adjustment, which will be invoiced in the first month following approval of the budget. 3.6 Payment of ancillary service costs such as copies, overnight express and other charges as set forth in Exhibit B will be added to the monthly billing statement. 3.7 In the event of a change in the services or applicable law or other factor which causes an increase in the CONSULTANT's cost of providing the services,the CONSULTANT may provide notice to the DISTRICT and the parties shall negotiate in good faith to adjust the Annual Management Fee to account for such change in CONSULTANT's costs. If the parties are unable to reach a negotiated agreement within thirty (30) days of the date of notice.then the contract may be terminated immediately by the CONSULTANT. ARTICLE 4.TERM 4.1 This Agreement shall be effective as of the Effective Date and the initial term shall continue through May 19,2020 (the `Initial Term"), unless terminated pursuant to the provisions of Section 4.2. Thereafter, this Agreement shall automatically be extended for additional one (1) year periods pursuant to the terms hereof(an "Annual Renewal Term") unless otherwise terminated pursuant to the provisions of Section 4.2 or either party provides written notice of non-renewal to the other party no later than sixty (60) days prior to the expiration of the Term or Renewal Term, as applicable. Each Renewal Term shall be on the same terms and conditions as the immediately preceding Term or Annual Renewal Term,as applicable, unless otherwise agreed to by the parties or otherwise specifically set forth herein. 4 1611A3 4.2 This Agreement may be terminated as follows: (a) Either party may terminate this Agreement by immediate written notice if the other has failed to comply with a material term, provided that the non-defaulting party has first given the defaulting party written notice to cure its default within thirty (30) days ("Cure Period") and the defaulting party has not done so prior to the expiration of the Cure Period. If a default cannot be cured within the Cure Period, the parties may agree to an extension of the time to cure provided the defaulting party provides reasonable evidence within the Cure Period that it has identified a means to cure and is pursuing it diligently. (b) Either party may terminate this Agreement with or without cause during any Annual Renewal Term hereof by giving the other party at least sixty (60) days' prior written notice of termination. (c) This Agreement shall automatically terminate upon the dissolution or court declared invalidity of the DISTRICT. 4.3 In the event of the termination of this Agreement under Section 4.2 above, DISTRICT shall pay CONSULTANT the Annual Management Fee on a prorated basis for services rendered by CONSULTANT up to the effective date of termination. 4.4 Upon the termination of this Agreement, CONSULTANT will take all reasonable and necessary actions to transfer in an orderly fashion to the DISTRICT or its designee all the DISTRICT's books and records in CONSULTANT's possession. In addition, within thirty(30)days of termination of this Agreement,CONSULTANT shall be paid in full for all services rendered through the date of termination. ARTICLE5.RISK MANAGEMENT 5.1 The CONSULTANT shall provide and maintain the following levels of insurance coverage always subsequent to the execution of this Agreement: (a) Professional Liability insurance with an aggregate limit of two million dollars ($2,000,000);and (b) Commercial Crime insurance with a per loss limit of one million dollars ($1,000,000). The DISTRICT shall be named as an additional insured on all policies required. The CONSULTANT shall furnish the DISTRICT with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the DISTRICT unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30)days of prior written notice to the DISTRICT. Insurance coverage shall be from a reputable insurance carrier acceptable to the DISTRICT,who licensed to conduct business in the State of Florida and such carrier shall have a Best's Insurance Reports rating of at least A-VII. 5 1611A3 5.2 To the maximum extent permitted by law, during the term of this Agreement, each party (the"Indemnifying Party") shall defend, indemnify and hold harmless the other party and their respective successors and assigns (each is referred to herein as an "Indemnified Party") against any and all liability for damages, costs, losses, and expenses, including reasonable attorney's fees, resulting from any claim asserted by a third party against the Indemnified Party for wrongful death, bodily injury, and/or property damage,but only to the extent caused by the willful or negligent acts or omissions of the Indemnifying Party. Nothing herein shall constitute or be construed as a waiver of the protections, immunities, and limitations of liability afforded the DISTRICT pursuant to Section 768.28, Florida Statutes. If the DISTRICT receives notice of or undertakes the defense or the prosecution of any action, claim, suit, administrative or arbitration proceeding or investigation consistent with DISTRICT's indemnity obligation hereunder, the DISTRICT shall give the CONSULTANT prompt notice of such proceedings and shall inform the CONSULTANT in advance of all hearings regarding such action,claim.suit,proceeding, or investigation. 5.3 Notwithstanding any provision to the contrary contained in this Agreement, in no event shall either party be liable,either directly or as an indemnitor,to the other,for any special, punitive, indirect and/or consequential damages,including damages attributable to loss of use, loss of income or loss of profit even if the other party has been advised of the possibility of such damages. 5.4 If claim(s) raised against the CONSULTANT because this Agreement, or because the services performed hereunder, is/are covered under CONSULTANT's insurance policies required hereunder, the CONSULTANT shall not be responsible for any loss,damage or liability beyond any payments made pursuant to the policies contractually required hereunder and the limits and conditions of such insurance policies. With respect to any other cause of action and/or claim arising under this Agreement, or otherwise arising because of or because,the services provided hereunder, CONSULTANT's liability shall not exceed an amount equal twice the amount of the annual compensation for such services during the Agreement year in which such cause of action and/or claim is raised against the CONSULTANT; provided, however, that such limitation shall not apply to the (i) indemnification obligation of Section 5.2 or (ii) liabilities arising from fraud, gross negligence or willful misconduct of CONSULTANT arising out of CONSULTANT's failure to carry out its duties under this Agreement consistent with the financial protocols set forth in Section 5.5. In cases in which CONSULTANT has followed the protocols established in Section 5.5 in carrying out its duties under this Agreement, liability for claims of fraud, gross negligence or willful misconduct against CONSULTANT will be subject to the limits of liability set forth in this Section. 5.5 CONSULTANT herein agrees to abide by and follow the financial protocols set forth below in carrying out its financial duties on behalf of the District as set forth in the Scope of Services on Exhibit A. • CONSULTANT agrees to provide access to the Chairperson and Treasurer for the District to the Avid Xchange(accounts payable system)system from which all District invoices are paid.In addition,CONSULTANT agrees that it will establish an approval 6 1611A3 process for the Chairperson or Treasurer to approve invoice payments through the Avid Xchange process prior to the District invoices being paid by CONSULTANT. CONSULTANT will only pay invoices approved in accordance with these procedures. • CONSULTANT will also establish an approval system that will require the approval of the Chairperson for the District of all wire transfer payments of District funds. Due to the specific deadlines associated with wire transfer payments, the Chairperson will not unreasonably delay appropriate approvals of such transfer payments. CONSULTANT will only wire transfer funds approved in accordance with these procedures. ARTICLE 6.MISCELLANEOUS 6.1 Entire Agreement The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and no force and effect. Further this Agreement may be amended only in writing upon mutual consent of the parties hereto. 6.2 Amendments No amendment and/or modification of this Agreement shall be valid unless in writing and signed by each of the parties. 6.3 Construction In construing this Agreement, the following principles shall be followed: (i) no consideration shall be given to the captions of the articles,sections, subsections or clauses, which are inserted for convenience in locating the provisions of this Agreement and not as an aid in construction; (ii)no consideration shall be given to the fact or presumption that any of the Parties had a greater or lesser hand in drafting this Agreement; (iii) examples shall not be construed to limit, expressly or by implication, the matter they illustrate; (iv) the word "includes" and its syntactic variants mean "includes, but is not limited to" and corresponding syntactic variant expressions;(v)the plural shall be deemed to include the singular,and vice versa;(vi)each gender shallbe deemed to include the other genders;(vii)each exhibit,appendix,attachment and schedule to this Agreement is a part of this Agreement; and (viii) any reference herein or in any schedule hereto to any agreements entered into prior to the date hereof shall include any amendments or supplements made thereto. 6.4 Force Majeure A party's performance of any obligation under this Agreement shall be excused if,and to the extent that, the party is unable to perform because of any event of"Force Majeure". In any such event,the party unable to perform shall be required to resume performance of its obligations under this Agreement as soon as reasonably practicable following the termination of the event or because that excused performance hereunder. Force Majeure is defined as any act, event, or condition to the extent that it adversely impacts the cost of performance of, or adversely affects 7 1611A3 the ability, of either party to perform any obligation under this Agreement (except for payment obligations) if such act, event or condition, in light of any circumstances that should have been known or reasonably believed to have existed at the time, is beyond the reasonable control and is not a result of the willful or negligent act,error,omission or failure to exercise reasonable diligence on the part of the party relying thereon. 6.5 Notices All notices required in this Agreement shall be sent by (i) certified mail, return receipt requested with postage prepaid, (ii) hand-delivery, (iii) overnight express carrier with next business day delivery guaranteed, addressed to the following addresses,or such other address as either party shall specify hereinafter in written notice to the other party: If to CONSULTANT: Inframark, LLC 210 North University Drive, Suite 702 Coral Springs, Florida 33071 Attn:Chris Tarase,Vice President of Infrastructure Management Services Email: Che;; :v!nl'r=:r;, :():n With copy to: Inframark, LLC Attn: Legal Department 220 Gibraltar Road, Suite 200 Horsham, PA 19044 Email: ,,i,;,: m' ;-.1 r:� If to DISTRICT: Key Marco Community Development District Attn: Maureen McFarland,Chair 505 Whiskey Creek Drive Marco island, Florida 34145 Email: n; I<< -r)aul corn With a copy to: Gregory L. Urbancic,Esq. Coleman, Yovanovich&Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 • Email:):?,).iyhm Any notice sent by certified mail be deemed received on the third (3') business day following the day the notice is provided to the U.S. Postal Service; when delivered to the party if hand-delivered;upon transmission if sent by email;or on the next business day following the day sent, if sent by overnight express courier with next business day delivery guaranteed. 6.7 Governing Law This Agreement shall be governed by the laws of the State of Florida. Sole and exclusive venue for all legal action necessary to enforce the Agregment shall be in Collier County, 8 • 16l1A3 Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof 6.8 Dispute Resolution In the event of any disputes. the parties shall first attempt to resolve the situation by good faith discussions which shall take place in a timely manner. If the dispute cannot he resolved within thirty (30)days, the parties shall mediate their dispute before a mediator who is an attorney licensed in Florida,certified as a Circuit Court Mediator by the Supreme Court of Florida and otherwise acceptable to both parties. The parties shall have fifteen (15)days to agree upon a mediator. If the parties cannot agree upon a mediator within such fifteen (15) day period, they shall ask the 20th Judicial Circuit Mediation Program to nominate a mediator. which nomination shall be deemed acceptable to both parties. The parties shall bear their own costs of the mediation but the parties shall share equally the costs of the mediator and the mediation facilities. 6.9 Independent Contractor The relationship of CONSULTANT and DISTRICT is that of independent contractor for all purposes under this Agreement.This Agreement is not intended to create,and shall not be construed as creating, between CONSULTANT and DISTRICT, the relationship of principal and agent.joint venturers, co-partners or any similar relationship, the existence of which is hereby expressly denied. 6.10 Non-Solicitation Neither party may actively solicit,for hire,the employees of the other party during the term of this Agreement. In the event of termination, cancellation or failure to renew as set out in this Agreement,DISTRICT agrees, for a period of eighteen(18)months from the date of termination,not to engage or attempt to engage the services of anyone who is employed by CONSULTANT (or was employed by CONSULTANT at any time within one year prior to the date of termination)for the performance of services identical to or substantially like those described herein in this Agreement. In the event of a breach of the foregoing covenant, both parties agree that DISTRICT shall pay to CONSULTANT, as liquidated damages,an amount equal to the Annual Management Fee as set forth in Exhibit B. 6.11 Assignment Neither party shall assign this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. 9 1611A3 6.12 Counterparts This Agreement may he executed in more than one counterpart, each of which shall he deemed an original. 6.13 Public Records In connection with its services to the DISTRICT, the CONSULTANT agrees to fully comply with the provisions of Section 119.0701, Florida Statutes pertaining to Florida's Public Records Law. Said compliance will include the CONSULTANT taking appropriate and necessary steps to comply with the provisions of Section 119.0701(2)(b), Florida Statutes including,without limitation,the following: (a) The CONSULTANT shall keep and maintain public records required by the DISTRICT to perform the services hereunder. (b) Upon a request for public records received by the DISTRICT, the CONSULTANT shall provide the DISTRICT with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or otherwise provided by law. (c) The CONSULTANT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the agreement term and following completion of this Agreement if the CONSULTANT does not transfer the records to the DISTRICT. (d) Upon completion of this Agreement,the CONSULTANT shall transfer,at no cost, to the DISTRICT all public records in possession of the CONSULTANT consistent with Florida law. All records stored electronically by the CONSULTANT must be provided to the DISTRICT, upon request from the DISTRICT's custodian of public records, in a format that is compatible with the information technology systems of the DISTRICT. (e) Failure of the CONSULTANT to comply with Section 119.0701,Florida Statutes may subject the CONSULTANT to penalties under Section 119.10, Florida Statutes. Further, in the event the CONSULTANT fails to comply with this Section or Section 119.0701,Florida Statutes, the DISTRICT shall be entitled to all remedies at law or in equity. The following statement is required to be included in this Agreement pursuant to Section 119.0701(2), Florida Statutes: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT 10 1611A3 THE CUSTODIAN OF PUBLIC RECORDS AT SANDRA DEMARCO C/O KEY MARCO COMMUNITY DEVELOPMENT DISTRICT, TELEPHONE: (954) 603-0033, EMAIL: SANDRA.DEMARCO@INFRAMARK.COM; MAILING ADDRESS: 210 NORTH UNIVERSITY DRIVE, SUITE 702; WITH A COPY TO GREGORY L. URBANCIC C/O COLEMAN, YOVANOVICH & KOESTER, P.A., 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FL 34105; EMAIL: G URBANCIC@CYKLA WFIRM.COM. (f) The DISTRICT shall make all determinations as to what constitutes confidential or exempt public records. (Remainder of page intentionally left blank Signatures begin on next page.f 11 16 11A3 IN WITNESS WHEREOF,the parties hereto have caused their respective agents to execute this'wt. ent on their behalf,at the times set forth below. KEY.MARCO COMMUNITY Attest: /� DEVELOPMENT DISTRICT � t )..‘ ' ..",/".4-,.. -7.....67-r- - di Secretary`Assistant acre Y Maureen McFarland,Chair INFRAMARK,LLC r-saii&", 2A-444,4___"- By: Witness Chris Tarase—Vice President I Of Management Services f . /14 I )a Witnes c. 0 vi (,i,- - S t j4 eLe-CiAf � ' t Yr J 76 *tTx•-rSJihx rr? Y0 ifg 0 • ii. • rr,- `s1; ' F 'tie. 3rz�`a -K? fa-tP� ' : T .fio- . T + ,i ## 4� ' ^ " rrT es- s� a�dgt�� rr� c� � 4,mo .tt.wri' 37 " f2fB - �*;" a� a ?�t '° �� r- ., to+ X ,r„k�: -, �tam, .r 5; Y� j y ,: r _1,:„ i '�., �rt4 � t ir t ,.-:-.,i.,-,.-.,',, -.,.,. ;,-.4-.::-.-. .4.-�s 'i - +� ° � rip,. - - .:a �$ ,,W . si% 'ne:rArp 'tyyj�' . r *'' , '' , .,-4-.0,-.., - ,- .v � -,,'8° , -. x . $ ?'. , „..-.E-4,,,, , . a,,,,..!..4. iw •,, #4Xis , -: ,or �i 'A . tiaasa "° �.� 7 + Ss � , 1''a ''? 2 A: ti.4.42a�„ ”• t , 4.., k4$?�' W.,' r ,*amyl, � , . u „,-.42,A,w tt. v 0,: `,...'',:j1' - 044-,i-e,.., r. q . m � 4i'r”"m', , x „ y ,� ems"wr 'i r ., Q 1, '1t�g r - S� .�, � ,,,yar . k � a i—a-t4^ x : �s .#. ¢ ., : t ' w. 3K d r + rX ( .y ....„.„.4.„4".: _ z. 3 � �4i. ,� iks� 11Fi_ ' �. tY.s ''l „+ „k-0 >";.: 1 - , --)t.;1.:056A 49 ,c, 4g.y ,gA,4 j ryst ��� 1 , tX - _ , F� y ..5,, c -. ,: ' , . : ' ;.er : u w,; „n. . 4.:;„ O ,�.v3 c'A9 §fx X ” I.k . , z4,ar Liaa'xx .s�- , ,,,0g, � s �5Vi a ..„1?svr'� }�h'+.4QF ' .- r t ` "t4 , �u '4r k�'"vFAC -k -i . S"P' fa reS „ x .n„fi. .„ a �-- fi ` ,y " ' � N .. .fdz r.,..t # < y .t. U . . tz ,, :`-,4* t.AttiAse4 16 11A3 IN WITNESS WHEREOF,the parties hereto have caused their respective agents to execute this instrument on their behalf,at the times set forth below. KEY MARCO COMMUNITY DEVELOPMENT DISTRICT Attest: By: Secretary/Assistant Secretary Maureen McFarland, Chair INFRAMARK,LLC By: Witness Chris Tarase—Vice President Of Management Services Witness EXHIBIT A—SCOPE OF SERVICES A. Financial Services • Attend up to six meetings of the DISTRICT's Board of Supervisors and provide meaningful dialogue concerning the financials for the DISTRICT. • Preparation of DISTRICT's budget at the DISTRICT's direction. • Implementation of DISTRICT's budget directives. • Preparation of monthly financial reports for the regular DISTRICT meetings. • Ensure all required procedures for the DISTRICT are properly followed and executed, including provision of required compliance and disclosure information to local governments; CONSULTANT shall work with the DISTRICT as need be to ensure all required procedures are properly followed and executed. • Provide all required annual disclosure information to the local government in the County in which the DISTRICT resides: o Audited Financial Statement • Insure compliance with the following Florida Statutes: 12 1611A3 o Annual Financial Audit o Annual Financial Report o Public Depositor Report o Proposed budget • Submit preliminary budget to the DISTRICT's Board of Supervisors in accordance with Chapter 190,Florida Statutes. • Modify preliminary budget for consideration by the Board of supervisors at the DISTRICT's advertised Public Hearing. • Coordinate budget preparation with DISTRICT's Board,Engineer,and Attorney. • Prepare budget resolution approving the DISTRICT's budget and authorization to set public hearing. • Prepare budget resolution adopting the DISTRICT's budget, as modified by the Board of Supervisors. • Prepare agendas for budget hearings. • Prepare required investment policies and procedures pursuant to Chapter 218, Florida Statutes at the DISTRICT's direction. • Preparation of annual financial report for units of local government and distribution to the State Comptroller. • Preparation of Public Depositor's Report and distribution to State Treasurer. • Coordination and distribution of Annual Public Facilities Report and distribute to appropriate agencies. • Preparation of all required schedules for year-end audit. • Oversee capital and general fund accounts. District Management Services and Recording Services: I. MEETINGS,HEARINGS,WORKSHOPS, ETC. The CONSULTANT will organize, conduct, and provide minutes for all meetings of the DISTRICT.This includes,but is not limited to,scheduling meetings,providing agenda packages and meeting materials in the form requested by the Board of Supervisors, and publishing Board meeting, public hearing notices, and landowner election notices as directed by the DISTRICT; for avoidance of doubt,the CONSULTANT does not provide any legal advice and does not make any recommendations as to how to apply with applicable laws. CONSULTANT will attend up to six meetings a year,additional meetings will be charged as the fee schedule in Appendix B. CONSULTANT will consult with the Board of Supervisors and its designated representatives, and when necessary, organize such meetings, discussions, project site visits, workshops, and hearings as may pertain to the administration and accomplishment of the various projects and 13 1611A3 services provided by the DISTRICT. CONSULTANT should have open communications with the HOA Managers. II. RECORDS CONSULTANT will maintain "Record of Proceedings" for the DISTRICT within the boundaries of the local government in which the DISTRICT is located and include meeting minutes.agreements,resolutions and other records required by law or contract and provide access to such records as necessary for proper DISTRICT function or compliance with Florida's public records laws as directed by the DISTRICT; for avoidance of doubt, the CONSULTANT does not provide any legal advice and does not make any recommendations as to how to apply with Florida's public records law or any other applicable laws. An excessive number of public records requests (more than six a month) will require an additional fee. CONSULTANT will also provide a hard of copy the agenda and all back up material to each Board member seven days prior to the meeting. HI. DISTRICT OPERATIONS CONSULTANT will act as the primary point of contact for DISTRICT-related matters; provided however,that CONSULTANT shall not act as the DISTRICT's registered agent. CONSULTANT will be onsite for four hours twice a month.which includes the Regular Board meeting,if applicable for said month. CONSULTANT will solicit bids for DISTRICT contract services for Board of Directors approval and serve as a liaison between the DISTRICT and contractors to observe the monthly performance of the work of companies supplying the services related to the operation and maintenance of the DISTRICT's public infrastructure CONSULTANT will make recommendations and assist in matters relating to solicitation. approval, rejection, amendment, renewal, and cancellation of contracts for services to the DISTRICT. In advance of expiration of contracts, CONSULTANT will advise the Board as to need for renewal or additional procurement activities and implement same.CONSULTANT will work with the DISTRICT Attorney and DISTRICT Engineer in fulfilling these requirements. Project management(the onsite management of specific large maintenance and/or capital projects) will require an additional project management fee. Any such project management fee must be approved in advance the Board; provided, however, that in the event of an emergency,the Chair shall have the authority to approve in writing a project management fee for any such emergency project to be effective until the next Board meeting. CONSULTANT will recommend and advise the Board,in consultation with the District Engineer of the appropriate amount and type of insurance and be responsible for procuring all necessary insurance. CONSULTANT will develop FEMA applications and provide follow up services related to the processing of said applications as set forth in Exhibit B on behalf of the DISTRICT; provided 14 1611A3 however, that DISTRICT shall be responsible for submitting and filing all applications and any other necessary information or documentation to the extent CONSULTANT is unable to do so. CONSULTANT will develop recommendations for Board consideration on handling projects that require"project management"CONSULTANT will develop a scope of service for each required project and present to the Board the scope of service and pricing for the project management required for each project. Exhibit B—Fee Schedule Annual Management Fee $29,077(annually) (Note:For the initial term,the amount shall be prorated.) Schedule of Miscellaneous Charges: 15 16 11A3 The DISTRICT will be responsible for reimbursing CONSULTANT for applicable costs per the following fee schedule. All additional fees will be recorded by CONSULTANT and reimbursed by the DISTRICT monthly. Special Meetings-Beyond those defined in the negotiated agreement $125.00 per hour Mail Distribution General Distribution-Incudeslabel,folding,insertion of up to two items and delivery to the $0.35 per piece post office Genera!Distribution-Additional inserts over two $0.03per additional page Labels $0.07each Certified Mail Current rate charged by postmaster plus handling charge of$5.00 Postage Current rate charged by postmaster(no add on) Copies Black and white,single sided $0.18 percopy,up to 100 copies $0.10 per copy thereafter Color(single sided) $0.50 per copy Black and white,duplex(two-sided) $0.21 per duplex copy Special Services-incudes court appearances,performanceoitasksotherthancontract $100.00 per hour schedule(s),requested attendance for special committee functions and research for special projects File Storage-Records preceding those included in base fee(current year records plus two $15.00 per box per month years previous)(Any boxes may be tra nsferred to the District upon the request of the District) Notary service Included Estoppel letters for Sellers of Property-the CONSULTANT will chargethesellerdirectly at Included market rates FEMA applications and follow up services. FEMA applications and follow up will be charged at a minimum of$2,500 and a maximum of 10%of the total revenue received from FEMA submissions. 16 16 11A3 Crawford landscaping Bryan Stork, Account Manager April 25, 2019 On April 5, 2019 the irrigation pump was not working in Key Marco. Hoover Pump company was called in to assess the problem. On April 8,2019, Hoover submitted a proposal to replace the non-functioning R2 controller(which is obsolete)with the new R3 controller.The irrigation system in all of Key Marco CDD/HOA could not be turned on because of this needed repair and has been off as of the writing of this memo on April 25, 2019. Fortunately, mother nature has been kind and supplied the area with much needed rain once a week. Crawford Landscaping has been monitoring the plant material and up until Monday 4/22 saw no signs of real stress to the turf and plants. During a site review on Wednesday 4/24,The turf was showing stress in many areas due to lack of rain and supplemental irrigation. Key Marco has very sandy soils and water leaches through the soil very quickly. If the rains stop there is no irrigation to take over which could cause loss of plant material. South west Florida is in its dry season currently and will be for the next 2 months. Irrigation is no substitute for rain but it does help limp through the dry season until we get into the rainy season. Crawford landscaping shall not be responsible for lost plant material moving forward. We have been working with the property manager on the issue to help in any way that we can and we hope there is a resolution soon to keep Key Marco the beautiful community that we all enjoy. Thank you 1611A3 A''''' CRAWFORD PROPOSAL pie.-`` LANDSCAPING Billing Address: Project Title: Key Marco HOA Date: 5/16/2019 Chinch bug treatment client Information: Physical Address: Prepared for: Customer No. 1966 Key Marco Phone: Contract No. 291905161 E-Mail: Prepared by: Cody Watt DESCRIPTION: Crawford Landscaping proposes to provide all material,labor an equipment necessary to perform the following: To apply Arena 50 W DG at high rate as a broadcast treatment for foliar and systemic control of chinch bugs in St.Augustine grass.This treatment has sufficient residual activity if application is timed appropriately and applied properly.Guaranteed to provide adequate control of chinch bugs for up to one year.We will'spot treat"any areas of turf at no additional charge if chinch bug activity is still present after treatment up to one year.Due to the nature of this pest and its chemical resistance ability Crawford Landscaping is not responsible for any turf damage or loss as a result of chinch bug activity. SIZE QUANTITY UNIT PRICE TOTAL AMOUNT Application of Arena 50 WDG to all turf grass for preventative control of 1 $ 8,138.00 $ 8,138.00 chinch bug LABOR- _ IRRIGATION MULCH TOTAL 8,138.00 TERMS&CONDITIONS: Work performance and biling rates as follows: Work to be performed on a time and material basis and will be billed at the prevailing hourly rate. Crawford Landscaping is not limited to the work on this proposal and should the Client request additional work,Crawford Landscaping will perform upon receipt of a signed proposal. Payment terms as follows:Payment for services is due upon receipt of the Invoice. After thirty(30)days past due,interest will accrue at 1.5%per month. Crawford Landscaping will be entitled to all court costs,attorney's fees and costs,etc.,if collection becomes necessary. This proposal expires in sixty(60)days. By signing the proposal,Client agrees to the terms and conditions and work described above. Company Signature:igona�tu� Date: Authorization Date: Ws:# 5/16/2019 Client 1 6 I 1 A 3 CRAWFORD LANDSCAPING ive/ May 1, 2019 Re:2019 Hurricane Season/Storm Clean Up Dear Valued Customer, The 2019 hurricane/storm season is upon us,and Crawford Landscaping wishes to prepare you should a damaging storm or hurricane occur. This letter, and our process, is based on years of experience and best practices,and is aimed at providing you the following: • Our Storm Event Response Protocol • Detailed price list for each applicable storm clean-up and restoration service • Provide an opportunity for you to pre-authorize us to provide these vital services. Please read this letter carefully and respond accordingly. Storm Event Response Protocol: After fully assessing our pre-authorized sites,we will organize our response per the following protocols: PHASE 1—Life/Safety:Life/Safety involves removing all debris blocking roadways, driveways, vehicles and building entrances. PHASE 2—General Clean-up:General cleanup involves removing all other debris from the property that has fallen to the ground;dead tree limbs for instance will be addressed in Level 4 PHASE 3-Staking:Staking involves the re-planting or staking of downed or leaning plants,trees or palms. This is a very important process that often involves machinery. Prior to Crawford addressing these needs,it's important to keep the damaged plant/tree/palm adequately watered. PHASE 4—Removals: Removals involves the removal of damaged trees, damaged limbs and stumps. This service is often performed by our Arbor Care crews. (NOTE: removal of damaged trees/fallen trees will be determined on basis of Crawford Landscaping's professional opinion taking into account the hazardous risk each present) Initial: Page 1 of 3 1 6 1 1 A 3 PHASE 5—Final Restoration: Final restoration as part of our Storm Event Response Procedure outlined in this letter involves only addressing the holes left behind by removed tree stumps. Additional grading and replanting will require an additional proposal. NOTE:ALL REGULARLY SCHEDULED MAINTENANCE OPERATIONS WILL BE SUSPENDED DURING THE STORM EVENT RESPONSE PERIOD. THE DURATION OF THIS SUSPENSION IS AT THE SOLE DISCRETION OF CRAWFORD LANDSCAPING,AND PER THE"ACT OF GOD"CLAUSE IN OUR CONTRACT,ANY MISSED SERVICES WILL BE CAUGHT UP AS TIME PERMITS AND NOT BE REFUNDED. NOTE:ALL WORK WILL BE COMPLETE PER THIS PRIORITY SEQUENCE AND COULD RESULT IN MULTIPLE VISITS AS WE WILL SERVICE ALL LEVEL 1 PRIORITIES BEFORE MOVING TO LEVEL 2 PRIORITIES(AND SO ON). NOTE:SIGNING THIS DOCUMENT DOES NOT GUARANTEE SPECIAL PRIORITY, IT ONLY GIVES US AUTHORITY IN ADVANCE TO PERFORM CLEAN-UP SERVICE AT YOUR PROPERTY. Storm Event Pricing: Any clean-up as outlined above resulting from a storm event is outside the general scope of service per our Maintenance Agreement, and therefore additional charges apply. Below is a detailed list of our Storm Event prices: Labor Cost per Hour All labor personnel $75.00 Machinery&Equipment(does not include operator) Cost per Hour Loader(small) $125.00 Loader(large) $300.00 Loader Delivery(required with large loader) $850.00 Stump Grinder $125.00 Chipper $125.00 Other Equipment(small-medium) $125.00 Dump Fees(does not include operator) Cost per Load Small (bucket truck,turf truck, etc.) $250.00 Medium (chipper truck,etc.) $400.00 Large (landscape flat bed,grapple, etc.) $750.00 Staking Materials Cost per Kit Staking-4x4 $65.00 Staking-4x2 $25.00 Staking-lodge poles $15.00 Costs for any other materials required will be determined at the time of the Hurricane/Storm cleanup. Initial: Page 2 of 3 1611A3 Beware of Price Gouging: During large storm events, it's common for"out of town"companies to descend on Southwest Florida and charge absorbent fees for subpar work,often leaving behind significant damage to the landscape and turf as well as vital mechanical systems like drain fields and irrigation systems. To avoid being over-charged for this kind of work,we urge you to sign our pre- authorization letter today to ensure fair pricing for exceptional work. Storm Event Pre-Authorization: Please fill this out completely and return to our offices per one of these two methods: • Mail:2360 Catawba St. Naples, FL 34120 • E-MAIL:customerservice@discovercrawford.com Failure to return this form acknowledging your selection will be deemed as NOT authorizing us to perform storm clean-up and restoration services. Due to the hectic nature of preparing for a pending storm,last minute authorizations may not be received in time to provide cleanup and restoration service. Authorization: I authorize Crawford Landscaping in advance to perform emergency storm cleanup. I do not authorize Crawford Landscaping in advance to perform emergency storm cleanup. Property Name: Property Address: Printed Contact Name: Contact Number: Signed: Dated: Should you have any questions regarding this matter,you may reach me directly on my mobile phone at(239)-872-1854. Respectfully, Keith Mahan President Crawford Landscaping Group, LLC Initial: Page 3 of 3 1 6 1 1 A 3 Estimate MOM 5/6/2019 <if Key Marco HOA Key Marco HOA 505 Whiskey Creek Dr. 505 Whiskey Creek Dr. Marco Island,FI.,34145 Marco Island,Fl.,34145 O PJumbei I"',meet 50%deposit/balance upon completion Gatehouserwood restain Gatehouse- powerwash exterior stained wood work ceiling&fascia in preparation for stain fill holes as needed on fascia through out apply one coat Sikkens product matching existing Color work to be performed in a professional manner including cover &protection of surrounding area price includes labor,material& scaffolding Labor&Material $5,750.00 Amount F';uu S0.00 Amount Dire $5,750.00 Sun`et;tl $5,750.00 $5,750.00 1611A3 Katie Maline From: Rachel Turner <rachel@c3gardens.com> Sent: Thursday, May 9, 2019 4:28 PM Subject: C3 Gardens 2019 Summer Newsletter titIltC3 GARDENS f.ornu cnrni rv�Colter AP- Hello Friends of C3 Gardens! As we shrft from the busy Winter season in SW Florida to summer time,we wanted to take a moment to say TIiANK YOU,and update you on a few things with our company. We greatly appreciate working on all of your beautiful properties.Enhancing your favorite spaces and Improving your own,your guests,or customer's experience on your property is what drives us. With the season ahtfting,many of you are.or have already departed for the season. while others enjoy SW Florida year-round.In order In best serve our array of clientele we will be simplifying our billing process for these seasonal charges es follows! Seasonal change out If your planters are being leaned,re-planted,and re-Installed at one dine,then the usual change out(per planter)charge wit be applied. Seasonal CLEAN ori;If your planters aro being cleared,stored,end then re planted at o later date,we charge a minimal rate per planter In order to cover our coats of multiple trips. These costs are as follows &mail:20.00 Medium:40.00 Lange:00.00 For Clients that elect to nave a Seasonal L FAN a.I1,the applicable change out charges per planter slzes to plant them up,wit be charged upon Instaltahon of the new seasonal planting. Please let us know if you have any questions at all,we'll be sappy to answer them) While we have many Ideas on how to better serve our wonderful clientele and perfect our art,please contact us et your convenience to discuss any projects you have in mind for this season or the next' Again.we thank you for allowing t,s to work with you on enhancing your gorgeous properties,and we look forward to the many beautiful seasons ahead )art&Barveell-President!Lead Designer Karen Barnwell-Vice President Racket Tarxer-Operations Manager p AW](239)260-4355 PROVEN)ACKC3CARDF.NS.COM WINNERS WWW C3G AlcnEN S.00M Rachel Turner Operations Manager C3 Gardens LLC C: 859.512.5030 1611A3 RULES OF PROCEDURE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT 1611A3 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 1.4 Conduct of Business 8 1.5 Board Policy Relating to Use of District Counsel for Legal Services and District Engineer for Engineering Services .. 9 2.0 Rulemaking Proceedings 9 3.0 Decisions Determining Substantial Interests 13 4.0 Purchasing,Contracts, Construction and Maintenance 14 4.1 Purchase of Goods, Supplies,and Materials 16 4.2 Contracts for Construction of Authorized Project I7 4.3 Contracts for Maintenance Service 20 4.4 Purchase of Insurance 22 4.5 Procedure for Purchasing Contractual Services 23 4.6 Procedure Under Consultant's Competitive Negotiations Act 25 5.0 Bid Protests Under Consultant's Competitive Negotiations Act 28 5.1 Protests With Respect to Contracts Awarded or Bid Documents 29 5.2 Bid Protests Relating to Any Other Award 30 6.0 Design-Build Contract Competitive Proposal Selection Process 31 7.0 District Auditor Selection Procedures 34 8.0 Effective Date 34 1611A3 RULES OF PROCEDURE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT 1.0 Organization (1) Key Marco 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(1)(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. 1 1611A3 (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 by law. 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 he 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 16I1A3 (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 arc 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. 3 1611A3 (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 Records Custodian 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 Records Custodian for coordination of a prompt response. The Records Custodian, 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. 4 16I1A3 Specific Authority: s.s. 190.011(5),120.53,Fla.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. Special meetings may be scheduled from time-to-time by the Board. Or, special meetings may be called by the Chair(or the Vice-Chair in the absence of the Chair)or upon the request of any three (3) Supervisors made to the District Manager. Except in emergencies or as otherwise required by law, 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. Except as otherwise permitted by law, 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." 5 1611A3 (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. Except as otherwise provided by 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. 6 16I1A3 (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. (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 7 1611A3 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. (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. 1.4 Conduct of Business. The following rules for conducting meetings shall be observed by the Board. Except as herein provided questions of order and the conduct of business shall be governed by Robert's Rules of Order. (1) Call to Order.The meetings of the Board shall be called to order by the Chair or,in his/her absence by the Vice-Chair. In the absence of both the Chair and the Vice- Chair,the meeting shall be called to order by the District Manager for the selection of a temporary Chair. (2) Preservation of Order. The Chair shall preserve order and decorum;prevent attacks on personalities or the impugning of Supervisors' motives; and confine members in debate to the question under discussion. (3) Points of Order. The Chairman shall detennine all points of order, subject to the right of any Supervisor to appeal to the Board for a decision on the point of order by majority vote. If any appeal is taken,the question shall be, "Shall the decision of the Chair be sustained?"A majority of the Board may overrule the Chair on the point of order. (4) Motion under Consideration. When a motion is presented and seconded,it is under consideration and no other motion shall be received thereafter, except to adjourn, to lay on the table, to postpone, or to amend until the question is decided. These countcrmotions shall have preference in the order in which they are mentioned,and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next meeting by majority of the Supervisors present. 8 �. 611A3 (5) Chair Participation. The presiding Chair may move, second and debate from the chair, and shall not be deprived of any of the rights and privileges of a Supervisor by reason of being the presiding Chair. (6) Form of Address. Each Supervisor shall address only the Chair (or applicable presiding officer in the Chair's absence) for recognition. Each Supervisor shall confine himself/herself to the question under debate, and shall avoid personalities and indecorous language. (7) Interruption. A Supervisor, once recognized, shall not be interrupted except by a call to order or as herein otherwise provided. If a Supervisor is called to order, he/she shall stop speaking until the question is determined by the Chair (or applicable presiding officer in the Chair's absence). Specific Authority: s.s.190.006,190.011(5),Fla.Stat. Law Implemented: s.s. 190.0011(5),Fla.Stat. 1.5 Board Policy Relating to Use of District Counsel for Legal Services and District Engineer for Engineering Services. The Board may,by resolution, adopt a policy relating to the use of District Counsel or the District Engineer. Specific Authority: s.s. 190.006,190.011(5),Fla.Stat. Law Implemented: s.s. 190.0011(5),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. 9 1611A3 (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 10 16I1A 7 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. (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 (21)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 11 1611A3 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 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 he 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. 12 1611A3 Law Implemented: s.s.120.54,190.035(2),Fla.Stat. 3.0 Decisions Determining Substantial Interests. (1) Conduct of Proceedings. Proceedings may he 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 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: 1. 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: 1. 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 3. 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 13 16 ( 1x3 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. 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. 14 16I1A3 (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 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. 15 1611A3 (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. (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. 16 16 ( 1A3 (d) Bids or proposals shall be opened at the time and place noted on the Invitation to Bide or Request 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. (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 docs 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. (1) 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 17 1 6 1 1 A 3 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. (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: 1. 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. 18 1611A (0 In determining the most advantageous bidder, the District Representative may consider, in addition to the factors described in the invitation or request,the following: 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. 3. 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/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 i Jnited 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. 19 16i1Aa 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. (h) 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: 1. 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. 20 i611A3 (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: 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. 3. 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 21 1611A3 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. 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 22 1611A3 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. (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) Scone. 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. Ho'vever, failure of a person to receive the notice shall not invalidate 23 1611A3 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 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 he 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. 24 1611A3 (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. 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 25 1611A3 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 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: 1. 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. 5. 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. 26 1611A3 (4) Competitive Negotiation. (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 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. 27 1611A3 (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. (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 Key Marco 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 28 1611A3 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)Ha.Stat. Law Implemented: s.s. 120.57(3),190.033,Ha.Stat. 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) Filin . (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. 29 1611A3 (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 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 30 1611A3 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 decision shall file with the District a notice of protest in writing 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 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 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),Ha.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 31 1611A3 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 thc 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 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: 1. A Request for Proposals shall he 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. 2. 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; 32 1611A3 (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. (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. 33 1611A3 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 218.39,Florida Statutes,the District shall use the auditor selection procedures as required under Section 218.391,Florida Statutes. Specific Authority: s.190.011(5),Ha.Stat. Law Implemented: s.218.391,Fla.Stat. 8.0 Effective Date. These Rules shall be effective ,2019. 34 16I1A3 RESOLUTION NO.2019-06 A RESOLUTION OF THE BOARD OF SUPERVISORS OF KEY MARCO COMMUNITY DEVELOPMENT DISTRICT ESTABLISHING A POLICY AND PROCEDURE FOR CERTAIN MAINTENANCE OR REPAIR CONTRACTS, INCLUDING IN A EMERGENCY SITUATION; REPEALING AND REPLACING RESOLUTION 2017-3; AUTHORIZING THE DISTRICT MANAGER TO EXECUTE CERTAIN MAINTENANCE OR REPAIR CONTRACTS; PROVIDING FOR PRESENTATION OF MAINTENANCE OR REPAIR CONTRACTS APPROVED PURSUANT TO THIS POLICY AND PROCEDURE FOR INFORMATIONAL PURPOSES TO THE BOARD OF SUPERVISORS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Key Marco Community Development District (the "District") is organized for purposes which include ownership and operation of certain infrastructure within or benefiting the commercial development known generally as Key Marco;and WHEREAS, throughout the year, the District encounters various instances where the facilities or infrastructure of the District require prompt maintenance or repair;and WHEREAS, it is not practical, expeditious or economical to hold meetings of the Board of Supervisors(the"Board")each time a certain maintenance or repair issue occurs; and WHEREAS, it is in the best interest of the District to ensure prompt and timely maintenance and repair of its facilities;and WHEREAS,the Board of Supervisors desires to establish updated policies and procedures for the District to allow the District Manager to carry out certain maintenance or repair items in an expeditious manner. NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF KEY MARCO COMMUNITY DEVELOPMENT DISTRICT: Section 1. Recitals. The foregoing recitals are true, correct and hereby incorporated as the findings of the Board. Section 2. Replacement of Resolution 2017-3. Resolution 2017-3,which was previously adopted by the Board relating to this subject matter is hereby repealed and replaced in its entirety by this Resolution. 1 1611x3 Section 3. District Manager Authority. The District Manager is hereby designated the authority to enter into contracts for the maintenance or repair of District facilities or infrastructure under the following circumstances: (i)the maintenance or repair cost will not exceed $5,000 for the subject maintenance or repair event; (ii) the total maintenance or repair cost paid to any one contractor or maintenance or repair provider under this policy will not exceed $20,000 in the aggregate (including the subject maintenance or repair event) during the then-current fiscal year of the District;and(iii) such proposed maintenance or repair cost falls within an approved budget line-item of the District's budget. This policy and procedure shall stay in full force and effect until such time as the Board of Supervisors may amend or rescind the same. The District Manager is hereby designated by the District, and authorized by the District, to carry out this policy and procedure and to execute such documents as necessary to accomplish the same. Section 4. Emergency Expenditures. The District Manager is further designated the authority to enter into contracts for the maintenance or repair of District facilities or infrastructure if there is an emergency situation such that the District Manager believes the repair or maintenance is necessary to prevent a significant interruption or suspension of the District's services or otherwise necessary for the preservation and safety of persons or property. For purposes of this Section,the contract for maintenance or repair shall only be to the extent necessary to prevent or abate the emergency and any such contract shall be subject to the prior written approval of either the Chair or the Treasurer. This policy and procedure shall stay in full force and effect until such time as the Board of Supervisors may amend or rescind the same. Subject to the requirements herein,the District Manager is hereby designated by the District,and authorized by the District,to carry out this policy and procedure and to execute such documents as necessary to accomplish the same. Section 5. Placement in Board Agenda Packet. A copy of any maintenance or repair contract approved pursuant to Section 3 or Section 4 of this Resolution shall be presented to the Board for informational purposes only at its next regularly scheduled meeting following said approval; provided, however, that any failure to present said contract shall not affect the validity or implementation of this Resolution. Section 6. Clarification of Authority. Except as otherwise provided herein, all other contracts for maintenance or repair shall be presented to the Board for the Board's approval. Further, except as otherwise specifically authorized by separate resolution of the Board, no committee established by the District shall have the authority to expend any funds of the District for maintenance or repair, execute or authorize any contract on behalf of the District for maintenance or repair, or otherwise commit the District to any expenditure of District funds for maintenance or repair. Section 7. Severability. Should any sentence, section, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid,the same shall not affect the validity of this Resolution as a whole,or any part thereof,other than the part declared invalid. Section 8. Conflicts. All Sections or parts of Sections of any Resolutions or actions of the Board in conflict are hereby repealed to the extent of such conflict. 2 1611A3 Section 9. Effective Date. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. PASSED in Public Session of the Board of Supervisors of Key Marco Community Development District,this 19th day of June,2019. Attest: KEY MARCO COMMUNITY DEVELOPMENT DISTRICT /// '---2— ii,trt,';E S c tary/Assis t Secretary MauseeddiA4GPartanti, Chair 3 tai NMI U) C./ t VE A 5, QE �- e a G ` Q 0 0a G W G c - A it E 0 v M Q e-+ i 41.1 O p) M N 1 d N N D) N Co a • • • • •m • u • • •• c • ca To • c • a) c C LL O • C • • V • .• N O • CP 5 co U o -oc c ca a) m E To o o CO ... N (6 a) N I— o.. W (6 N W = U N l6 Q N\-0 0 a c �.6 TZ0 N 0 ILI c = E@a� azQ mNN �LLa) v -p ° Ce. v o aN o U N ... c ZN U JOp U) C 0 -J N (6CL NQ O N N U E N O @ co 0 Q C aa) Z CO o m Oa' v � oG Q c E Yv M Q Oa a+ V 40 N 0 % d v- 0 s a> 0 N Q N ( a r d 4 vy � ca i 1d- 0 G 0 t) M. 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O d: w 61 oU .4. O yp to 5 r e) 7 c .' o m o ,- , o CO ro U m N co r t N 8' coO Q 1 co V c C o w r a a N 7 m o ot O Q S' a rn - a 0 a r M Q Q o 2 m Z `L a, cL o S m rt Z oo o 2 Z 7 d N 161143 KEY MARCO Community Development District Annual Operating Budget Fiscal Year 2020 Version 2 - Proposed Budget (Printed 04/03/19) Prepared by INFRA, ., MA .RK 1611A3 KEY MARCO Community Development District Table of Contents Page# OPERATING BUDGET General Fund Summary of Revenues, Expenditures and Changes in Fund Balances 1 -2 Budget Narrative 3-4 Exhibit A-Allocation of Fund Balances 5 SUPPORTING BUDGET SCHEDULES 2019-2020 Non-Ad Valorem Assessment Summary 6 16I1A7 Key Marco Community Development District Operating Budget Fiscal Year 2020 1611A3 KEY MARCO Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2010 FY 2019 FY 2020 REVENUES Interest-Investments Income S 3,244 $ 8,336 $ 14,896 $ 8,000 $ 7,152 $ 10,013 $ 17,165 $ 15,000 Hurricane Irma FEMA Refund - - - - 20,834 - 20,834 - Interest-Tax Collector Investments - - 40 - 226 45 271 200 Non-Ad Valorem Assessments 623,464 586,260 629,800 629,800 540,500 89,300 629,800 629,800 Non-Ad Valorem Assessments Discounts - (18,377) (25,192) (20,727) - (20,727) (25,192) - Revenue Carry Forward - - 466 - - - - Hurricane Irma Insurance Claim Payout - - - - - - - Insurance Reimbursements - - 70,024 - - - User Facility Revenue - - - - 2,038 2,853 4,891 4,000 Miscellaneous Revenues 5,129 288 - - - - - - TOTAL REVENUES 631,838 594,884 696,849 612,608 560,023 102,211 652,234 623,808 EXPENDITURES Administrative Board of Supervisor Fees 5,015 4,800 7,200 9,600 2,400 7,200 9,600 4,800 FICA Taxes 31 - 414 734 184 551 735 367 ProfServ-Mgmt Consulting Service 54,080 31,283 76,750 72,000 31,000 41,000 72,000 72,000 Field Mgmnt Svcs/Contractual Svcs 44,887 57,398 - - - - - Transcript Cost 1,180 1,710 1,735 2,400 635 889 1,524 2,400 Auditing Services 4,850 4,875 4,925 5,000 - 5,000 5,000 5,000 Accounting Services 15,000 10,450 13,163 14,150 5,896 B,254 14,150 14,150 ProfServ-Special Assessment 1,000 1,000 1,000 1,000 1,000 - 1,000 1,000 ProfServ-Property Appraiser 9,648 9,648 9,045 9,447 567 8,880 9,447 9,447 ProfServ-Tax Collector 12,469 11,725 7,249 12,596 10,395 2,201 12,596 12,598 ProfServ-Legal Services 18,420 40,754 29,023 25,000 12,631 17,683 30,314 25,000 ProfServ-Engineering - 12,500 7,600 5,000 - 5,000 5,000 5,000 Postage 289 433 287 150 72 101 173 175 Rentals&Leases(Robert Flinn) - 876 300 300 226 316 542 300 Computer Support 811 1,149 993 600 250 350 600 600 Printing&Binding 627 - - - - - - - Insurance-General Liability 33,272 27,230 27,845 29,926 26,788 - 26,788 29,926 Legal Advertising 2,584 4,421 2,958 4,000 1,743 2,257 4,000 4,000 Office Supplies 519 490 476 500 110 154 264 300 Dues,Licenses,Subscriptions 200 175 265 275 175 100 275 275 Miscellaneous Expense I Bank Charges 799 660 949 750 311 435 746 700 Total Administrative 205,682 221,377 192,077 193,428 94,383 100,372 194,755 188,036 Maintenance and Landscaping Contractual Services 131,903 139,105 142,898 140,000 58,988 82,583 141,571 140,808 Insurance Workers Comp - 150 - - - - - - Electric Services - 877 - - - - - - Chemicals - 2,372 - - - - - - R&M-Trees and Trimming 47,320 7,680 32,330 15,000 2,258 3,161 5,419 7,500 R&M-Pressure Washing - - - - 3,165 4,431 7,596 7,500 Plant Replacement Program 8,667 10,899 28,078 10,000 8,966 1,034 10,000 10,000 Exotic Maintenance 599 - 116 13,000 12,232 768 13,000 13,000 Flower Program - 2,817 1,863 5,000 2,415 2,585 5,000 5,000 Mulch Program 11,032 1,260 11,848 9,000 9,484 0 9,484 9,000 Misc-FEMA Expense - - 150,911 - 5,000 - 5,000 - Total Maintenance and Landscaping 199,520 165,159 366,044 192,000 102,508 94,562 197,070 192,808 Irrigation Services Contractual Services - 9,770 1,934 6,100 624 874 1,498 1,498 Utility-Water 14,959 18,263 22,921 15,000 18,131 25,363 43,514 40,000 Land Lease 28,083 30,636 30,636 31,000 12,785 17,871 30,636 Utilities-Electric 5,470 4,377 6,219 5,000 2,990 4,186 7,176 7,000 Repairs&Maintenance 14,841 12,349 25,811 20,000 10,339 14,475 24,814 25,000 Total Irrigation Services 63,353 75,395 87,521 77,100 44,849 62,789 107,638 73,498 . • _ Annual Operating BJdget Page 1 u. I Fiscal Year 2020 i °` 1611 A 3 KEY MARCO Community Development District General Fund Summary of Revenues,Expenditures and Changes in Fund Balances Fiscal Year 2020 Proposed Budget ADOPTED ACTUAL PROJECTED TOTAL ANNUAL ACTUAL ACTUAL ACTUAL BUDGET THRU MAR PROJECTED BUDGET ACCOUNT DESCRIPTION FY 2016 FY 2017 2018 FY 2019 FEB-2019 SEP-2019 FY 2019 FY 2020 Capital Expenditures 8 Projects Street I ight Project - - 5,000 - - - Bridge Repair - - 15,124 - - - - - Cap Outlay-Roads - 1,865 28,950 50,000 5,375 - 5,375 46,946 Total Capital Expenditures 4 Projects • 1,885 49,074 50,000 5,375 - 5,375 46,946 Lighting Capital outlay/LED Lighting - 14,060 - - - - - - Utilities-Electric 15,252 17,562 24,187 24,000 2,478 3,469 5,947 7,500 R&M General 19,881 4,596 6,547 6,000 3,649 5,109 8,758 6.000 Misc-Holiday Lighting 4,485 1,345 3,588 3,000 250 2,750 3,00C 3,000 Total Lighting 39,618 37,563 34,322 33,000 6,377 11,328 17,705 16,500 Access Control Contractual Services 77,624 83,448 83,057 86,520 35,837 50,683 86,520 86,520 Utilities-Electric 4,414 6,117 8,360 10,000 2.637 3,692 6,329 7,500 R&M Gate 4,456 6,809 6,785 3,580 2.448 3,427 5,875 5,000 R&M Gatehouse 20,438 10,350 13,722 5 000 1,210 3,790 5,000 5,000 Op Supplies-General - 129 796 250 1,134 1,588 2,722 2,000 Capital Outlay - - 10,000 - - - - Total Access Control 106,931 106,853 122,720 105,350 43,266 63,180 106,446 106,020 Maintenance:Landscape7Hardscape CapitalOut'.ay - - 46,300 - - - - - Total Maintenance:Landscape/Hardscape - - 46,300 - - - - - Roadway Services Repairs&Maintenance - - 4,812 - - - - - Total Roadway Services - - 4,812 - - - - • TOTAL EXPENDITURES 616,105 608,212 902,870 650,878 296,758 332,230 628,988 623,808 Hurricane Irma Expenses Misc FEMA Expenses - 41,052 - - - - - Total Hurricane Irma Expenses - 41,052 - - - TOTAL EXPENDITURES 615,105 649,264 902,870 650,878 296,758 332,230 628,988 623,808 Excess(deficiency)of revenues Over(under)expenditures 16,733 (54,380) (206,021) (38,270) 253,265 (230,019) 23,246 0 Net cnange In fund balance 16,733 (50,530) (208,021) (38,270) 253,265 (230,019) 23,246 0 FUND BALANCE,BEGINNING 844,120 860,853 810,321 604,300 604,300 - 604,300 627,546 FUND BALANCE,ENDING $ 860,853 $ 810,321 $ 604,300 $ 566,030 $ 857,565 $ (230,019) $ 627,546 $ 627,546 Annual Operating Budget .'E:de . Page 2 Fiscal Year 2020 l6IlA3 Key Marco Community Development District General Fund Budget Narrative Fiscal Year 2020 Revenue Interest-Investments The District earns interest on the monthly average collected balance on their Operating Account. Special Assessment—Tax Collector The District will levy a Non-Ad Valorem assessment on all the assessable properly within the District in order to pay for the operating expenditures during the Fiscal Year. Special Assessment-Discounts Per Section 197.162, Florida Statutes, discounts are allowed for early payment of CDD assessments. The budgeted amount for the fiscal year is calculated at 4%of the anticipated Non-Ad Valorem assessments. Expenditures Expenditures-Administrative PIR Board of Supervisors Chapter 190 of the Florida Statutes allows for a member of the Board of Supervisors to be compensated for a meeting attendance and to receive $200 per meeting plus payroll taxes. The amount for the Fiscal Year is based upon all supervisors attending each of the six scheduled meetings. FICA Taxes Payroll taxes for supervisor salaries are calculated as 7.65%of payroll. Professional Services-Management Consulting Service The District receives monthly Management services from the Key Marco Community Association at$6,000 monthly. Transcript Cost The District receives Transcription services from Pam Arsenault for meeting and landowner minutes. Auditing Services The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting Firm,currently, Grau&Associates. Accounting Services The District receives accounting and vendor services from Inframark Infrastructure Management Services. Professional Services-Special Assessment Administrative costs for preparation of the District's assessment roll are prepared by AJC Associates, Inc.The annual fee for fiscal year 2018 —2019 was$1,000. 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. 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. Annual Operating Budget Fiscal Year 2020 Page 3 • 161i43 Key Marco Community Development District General Fund Budget Narrative Fiscal Year 2020 Expenditures-Administrative(continued) Professional Services-Legal Services The Districts legal counsel Coleman,Yovanovich&Koester, P.A.will be providing general legal services to the District,i.e.review operating and maintenance contracts,email correspondences etc.Fees are based on prior year legal expenses. Professional Services-Engineering The District's engineer Fishking &Associates will be providing general engineering services to the District, i.e. road consulting and other related services. Innsurance-General Liability The District's General Liability,Commercial Propery&Public Officials Liability Insurance policy is with Public Risk Insurance Agency,The Public Risk Insurance Agency provides insurance coverage to governmental agencies. Office Supplies Miscellaneous office supplies required to prepare agenda packages. Annual District Filing Fee The District is required to pay a$175 annual fee to the Department of Economic Opportunity Division of Community Development. Expenditures-Maintenance and Landscaping Contractual Services Crawford Landscaping is the District's vendor for monthly landscaping services currently at$11,734 monthly. R&M-Trees&Trimming Crawford Landscaping is the Districts vendor for Tree removal,pruning etc. R&M-Pressure Watching OZ Pressure Cleaning is the District's vendor for pressure cleaning of the Guard House,pavers,sidewalks etc. Expenditures-irrigation Services Contractual Services Aquagenix is the District's vendor for monthly Aquatics Service currently at$125 monthly. R&M-General This expense represents miscellaneous expenses that may arise during the year relating to the normal operations and maintenance of the District. Examples include any repairs or expenses related to the irrigation system, perimeter wall, landscaping on CDD property and other unforeseen maintenance needs. Access Control Contractual Services Securitas Security Services USA, Inc is the district's vendor for Guard Services and their current fee is$6,822 monthly.Also included are year-end bonuses. Annual Operating Budget Fiscal Year 2020 Page 4 16 I1 3 KEY MARCO Community Development District General Fund Exhibit"A" Allocation of Fund Balances AVAILABLE FUNDS Amount Beginning Fund Balance- Fiscal Year 2020 $ 627,546 Net Change in Fund Balance-Fiscal Year 2020 0 Reserves-Fiscal Year 2020 Additions - Total Funds Available(Estimated)-9/30/2020 627,546 ALLOCATION OF AVAILABLE FUNDS Assigned Fund Balance Operating Reserve-First Quarter Operating Capital 155,952 Subtotal 155,952 Total Allocation of Available Funds 155,952 Total Unassigned(undesignated)Cash $ 471,594 Annual Operating Budget Page 5 Fiscal Year 2020 16I1A Key Marco Community Development District Supporting Budget Schedules Fiscal Year 2020 1611A3 KEY MARCO Community Development District All Funds Comparison of Assessment Rates Fiscal Year 2020 vs. Fiscal Year 2019 General Fund 001 Total FY 2020 FY 2019 Percent Units Change $4,700.00 $4,700.00 0.0% 134 Annual Operating Budget Fiscal Year 2020 Page 6 1611A3 8F. 16114 3 RESOLUTION 2019-08 A RESOLUTION DESIGNATING OFFICERS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Key Marco Community Development District at a regular business meeting held on June 19, 2019 desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were appointed to the offices shown,to wit: Chairman Vice Chairman Justin Faircloth Secretary Maureen McFarland Treasurer Alan Baldwin Assistant Treasurer Assistant Secretary(s) PASSED AND ADOPTED THIS, 19TH DAY OF JUNE,2019. Chairman Secretary 1611A3 gG• 16114 3 RESOLUTION 2019-08 A RESOLUTION DESIGNATING OFFICERS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Key Marco Community Development District at a regular business meeting held on June 19, 2019 desires to appoint the below recited persons to the offices specified. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE KEY MARCO COMMUNITY DEVELOPMENT DISTRICT: 1. The following persons were appointedrto the offices shown, to wit: /10-, ,i),-,....,. ..-7122.- $ ,.t d Wi°.z Chairman Gtiw,yyf,C...- ,r'%;y Vice Chairman Justin Faircloth Secretary Maureen McFarland Treasurer Alan Baldwin // Assistant Treasurer r'e:. :-4 ,k 14r-h•-+�12J Assistant Secretary(s) Clree!G 6'i,: vl %.n',2.-1/ 9 ye.-,,Q PASSED AND ADOPTED THIS, 19T"DAY OF JUNE, 2019. Chairma -./-*--./. 42*.l,',..----,e. ._ ,a.;*,,,:-r---77 Seer 1611A3 Jenniferj t Edwarcis Supervisor of Elections April 18,2019 Ms Katie Maline Key Marco CDD 505 Whiskey Creek Dr. Marco Island FL 34145 Dear Ms Maline, In compliance with 190.06 of the Florida Statutes this letter is to inform you that the official records of the Collier County Supervisor of Election indicate 58 registered voters residing in the Key Marco CDD as of April 15,2019. Should you have any questions regarding election services for this district,please free to contact our office, Sincerely, Of. David B.Carpenter Qualifying Officer Collier County Supervisor of Elections (239)252-8501 Dave.Carpenter@CollierCountyFl.gov g1P ,Q Rev Dr Martin Luther King Jr Building•3750 Enterprise Avenue•Naples FL 34104 o ��° Phone:(239)252-VOTE•Fax:(239)774.9468•www.CollierVotes.con; '4 ,odCO' M Q AD 04 co 2e. C @ CP az00 CO 0, o• 00 E U r 0 . Lo" CC0 01 N d 14 o a o 0 0 0 0)-En 0 , , nnes, .-, n n C /L @ O Y N 0 Az sr- sr s s U a o 0 0 0 0 o n o QC1 U . SZSgSS . Z. C a a me. o. a t* o,- N= E V p n O O pp po G pp O v Y r� W"'" V m 1. t* ? V Y N r 11.1 N d a r t- n P•"t N oU N r Lt e M M M VI VI l7 VI - Q a) u) 7 C ..'•'•5 e 0 0 0 0 0 0 0 @ Q) .S 0 NI �� ah• - ri y' N 2 ,12 ▪ O b N r r •O VI ,O tJ oci 4 O 1'� 7 N a y A a P, rrC .,4,.n" 4. O ra- el) lel if I ww wwH 0C z 3 O ' C _c Cr OH O VI — ,V N V,S. O N ^I H b o NIIes- r 4:4r- L r ni Q: U CT) C s T M ^i L O ? •C •J . N w H N Ti4 N Y. >,X e 'l. •_ m (/CO n ) e Li r ::::_________ ,.44.-... . h r -0 V Ca Q t� Q M1 CT m x , M rn a 'On' Vt r N r+ @ ..o y , h o• r• x•n a 0 cU O ? _ enw �� wu �'wM y 2 cn a L 0 a �, 'p'U U - . v 0 > C Q' CO F O 76 -0▪▪ @ - K - L ! u T. o 0 1 ›" p„ .41: 0_, ,,;',114: c N a •- N « '� n, u u L 9 u 31).1:01F— I- o , F - v d C L 0°I I{- o e° o h �e E �, a� Q ,E ,o•f. •C e q o . O .c 0. ' 1 N $ 000 Flo E a) am u.-T c.n ce moo' �' a «ts e V " € a O 015 o a O v m • @ N w z0. <I ,U Ewa an. ca^1m� F7, v '� w ¢ Q 4 4 U ¢ l ��(//�j� �(([�)�t— Q .ti N M h h h h 00 t_� _ ' 11 / I V a 1611A3 6, INFRAMARK INFRASTRUCI URt MANAGEMENT SERVICES Website Required Information, Documents and Retention Permanent Website Retention • Legal Name of District. • Purpose of the Special District. • Contact Information for Board Members. Full Name Official Address(Inframark Main Office Address Used) • Email Address > Term of Office • Current Fiscal Year. • Special Charter(i.e.: Chapter 190) and Ordinance. • Date of Establishment. • Statute/Statutes the District operates under. • District Mailing Address. • District Email Address. • District Telephone Number. • Description of District boundaries and service area. • Description of services provided by the District. • A listing of all taxes,fees,assessments, or charges imposed and collected by the special district for only the current fiscal year, including the rates or amounts for the fiscal year and the statutory authority for the levy of the tax,fee,assessment, or charge (i.e. assessment chart). • Primary contact information for the District for purposes of communication from department. • Code of Ethics adopted by the District, if applicable, and a hyperlink to the generally applicable ethics provision (Florida Commissions on Ethics). • Link to Department of Financial Services' website. • Public Facilities Report, annual notice of any changes and any Public Facilities Report updates, if applicable. Non-Permanent Website Retention • Budgets (Updated Yearly) Approved Tentative Budget at least two (2) days prior to the budget public hearing. Must remain on website for 45 days. • Final Adopted Budget within 30 days after adoption. Must remain for two (2)years. Budget Amendments within five(5)days after adoption. Must remain for two(2)years. • Most recent financial audit report. Update yearly. • Most current fiscal year meeting calendar. • Agenda packages must be posted no later than seven (7) days prior to the meeting date and must remain on the website for one(1)year. Inframark 1 210 N. University Drive, Suite 702, Coral Springs, Florida, 33071 1 954.603.0033 1611A3 MINUTES OF MEETING KEY MARCO COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Key Marco Community Development District was held Wednesday,June 19, 2019 at 8:30 a.m. at the Key Marco Community Center, 505 Whiskey Creek Drive, Marco Island, Florida. Present and constituting a quorum were: Mary Beth Schewitz Chairperson(Former Vice Chair) Luanne Kerins Vice Chairperson(Former Supervisor) Maureen McFarland Treasurer/Assistant Secretary(Former Chair) Corrie Grado Assistant Secretary Dawn Aitkenhead Assistant Secretary Also present were: Justin Faircloth District Manager Greg Urbancic District Attorney Bob Koncar General Manager, Infrarnark Several Residents The following is a summary of the discussions and actions taken at the June 19, 2019 Key Marco Community Development District's Board of Supervisors Meeting. FIRST ORDER OF BUSINESS Roll Call Mr. Faircloth called the meeting to order and called the roll. A quorum was established. SECOND ORDER OF BUSINESS Approval of Agenda The following changes to the agenda were requested by Vice Chairperson Schewitz: • Approval of the April 17,2019 Meeting was moved up in the agenda to he item 4. • Supervisor's Requests was moved up as item 5. On MOTION by Vice Chairperson Schewitz seconded by Supervisor Grado with all in favor to amend the agenda as outlined above. On MOTION by Supervisor Kerins seconded by Supervisor Grado with all in favor the agenda was approved as amended. 16I1A3 June 19, 2019 Key Marco CDD THIRD ORDER OF BUSINESS Public Comment on Agenda Items Mr. Glen Hanke commented on CDD expenditures for maintenance of private properties, two of which are on both sides of the entry and the other is on his lot. He wants his property natural the way it was originally. Mr. Faircloth stated he will follow up as private property should not be maintained by the CDD. FOURTH ORDER OF BUSINESS Approval of the Minutes of the April 17, 2019 Meeting The Board reviewed the minutes of the April 17,2019 meeting and the following changes were made: • Line 63, Add, The Board requested a consultant be researched and presented to the Board for options on addressing speed limits, speed enforcement and impact on wildlife. • The sentence starting on line 118 and continuing on line 119 was changed to read Chairperson McFarland discussed the upcoming policy date. The District Manager was requested to obtain insurance proposals for Fiscal Year 2020. • Chairperson Shewitz suggested line 124, second sentence, be revised to read, Chairperson McFarland made an oral presentation to the Board and audience regarding the standards of best practice for CDD management. She expressed concern that the Key Marco CDD was not adhering to best practices and suggested we are deficient in the areas of securing bids,possibly inefficient in processing FEMA claims, and possibly deficient in oversight and compliance with new regulations. She reported that Inframark had provided her with a proposal to provide the CDD management, which included eight hours on site per month at an annual cost of$15,000. Discussion focused on the CDD's history with remote management as well as the limited scope of services described, as well as the lack of transparency in sharing such a proposal, only in oral discussion. The community members present expressed positions, both against and supportive of hiring remote management services, based on notes she took during the April 17,2019 meeting. • Mr. Urbancic stated the minutes can be revised as appropriate to reflect the substance of the meeting. He tried to cover what was pertinent in the notes he took at the meeting. Boards differ on the type of detail they like in their minutes.As an attorney it is his • 2 16I , A3 June 19, 2019 Key Marco CDD opinion that less is more. If there is something that is an accurate reflection of what was said in the meeting, it can be included. • Chairperson McFarland did not agree with the suggested changes made by Chairperson Shewitz with regard to item g under Supervisors' Requests and Comments. • There was consensus to revise the second sentence of line 124 to read Chairperson McFarland made an oral presentation regarding a proposal from Inframark to provide District Management services for $15,000. Discussion was had regarding best practices. • Line 131, insert to commence on June 1, 2019 after District Management services. On MOTION by Supervisor Kerins seconded by Supervisor Grado with Chairperson Shewitz, Supervisor Kerins and Supervisors Grado and Aitkenhead voting aye and Chairperson McFarland voting nay, the minutes of the April 17, 2019 meeting were approved as amended. FIFTH ORDER OF BUSINESS Supervisors' Requests and Comments C. Key Marco CDD Dissolution Discussion The following was discussed: • Chairperson Shewitz commented that in the past she was a proponent for maintaining the CDD due to financing that could be provided by FEMA in the event of a hurricane. There is a break-even point of approximately 14 lots that go delinquent, which pay for the cost of the CDD. From that perspective it seemed to be cost neutral and that FEMA reimbursement would be a big swing item. There is no guarantee there will be a ten- year gap between hurricanes and there is no way to know what level of destruction a hurricane could extract on the island. The money claimed from FEMA for Hurricane Irma was approximately $170,000. If that is spread over a couple of years, there is justification for keeping the CDD. If that amount is spread over a longer period of time, it is her opinion that it is costing residents more to maintain a CDD. • Chairperson Shewitz further commented there are endless burdens on the Board with regard to legal logistical issues involved. Board members are serving longer than they would like and it is hard to get residents to serve on the Board. 3 1611A3 June 19, 2019 Key Marco CDD Vice Chairperson Schewitz MOVED to proceed with dissolution of the CDD and Supervisor Grado seconded the motion. • Chairperson McFarland requested Mr. Urbancic's legal opinion. • Mr. Urbancic distributed a copy of Chapter 190.046,Florida Statutes,a copy of which is attached hereto and made a part of the public record. He noted he did not agree with everything Hopping, Green and Sams opined with regard to dissolution of the CDD. By Statute, there are two ways the CDD can be dissolved: Option 1) Upon the transfer of all the community development services of the District to a general-purpose unit of local government. This means the CDD would transfer its assets to the City or the County, presuming they would accept them. In his discussions with Collier County they have stated if they take them, they will set up an MSTU and replace the CDD with another special district. He does not feel approaching the City to take over the assets is what the CDD residents will want. Option 2) If a District has no outstanding ,financial obligations and no operating or maintenance responsibilities, upon the petition of the District, the District may be dissolved. Mr. Urbancic noted he has dissolved districts before; however, those districts were in their infancy and had not issued bonds or had assets. The CDD would have to get rid of its financial obligations or operation and maintenance responsibilities.That is the challenge to dissolve the CDD is how to get rid of operation and maintenance responsibilities. The CDD is a public entity and cannot give away its public property and assets to a private entity like the HOA. That would be a violation of the Board's fiduciary obligations as public officials. • Vice Chairperson Schewitz asked if the CDD can sell its assets. Mr. Urbancic responded they could conceivably sell the assets to a private entity, but they would have to look at what process to go through to make sure they get fair market value. If the CDD sells it assets, there would be public funds from selling those assets that the CDD would have to figure out what to do with. • An excerpt of the May 11, 2017 minutes was provided to Mr. Urbancic and read into the record. The question was asked as to the meaning of a transfer of assets, whether it would be an arm's length sale or just removing surplus property from the CDD. Mr. Earlywine indicated that it depended upon the type of assets, which in this case would include cash on hand and physical infrastructure as well. Statute 190 clearly 4 1611A3 June 19, 2019 Key Marco CDD provides the authority to transfer and dispose of property, and what he would contemplate for the Key Marco CDD is the transfer of assets at no cost to the HOA with a transfer agreement in place with them, and then simply do a deed for the real property, a bill of sale for the balance of the infrastructure, and then a transfer of the reserve which would be held in trust for the use of its original designation. That money would also be repurposed for purposes of the budget hearing. • Mr. Urbancic respectfully disagreed with Mr. Earlywine's conclusion and suggested such action would be a violation of Chapter 190.046, Florida Statutes. • Chairperson McFarland stated when she and Mr. Carl Midkiff from the HOA were pursuing this, they were told by Hopping, Green and Sams, as well as JP Passidomo, there are steps to take to do it,but if they had to give a percentage of whether it would work, it would be 50/50. As more CDDs mature over time and pay off their bonds, there will be more pressure from CDDs with no financial obligations to change the Statute. • Mr. Urbancic confirmed there have been no changes to legislation addressing Chapter 190.046. • There was discussion regarding obtaining an opinion from the Attorney General. Mr. Urbancic provided an overview of the process and stated the CDD would have to provide research when asking the question from the Attorney General. The District can expend funds in research and then the Attorney General can decline to give an opinion. It was noted that the Attorney General has significantly reduced the number of opinions they provide in recent years. • Ms. McFarland reviewed her research into this matter, a summary of which was included in the agenda package. Having infrastructure as a government entity, such as the bridge,that can severely be impacted by a hurricane allows for FEMA assistance. • Discussion ensued on whether or not to pursue an Attorney General Opinion. • Supervisor Grado asked for a show of hands from resident audience members in favor of dissolving the CDD. A record will reflect a majority of those present were in favor of dissolving the CDD.The floor was opened to resident comments on the issue. 5 1611A 3 June 19, 2019 Key Marco CDD • Conflict of interest and transfer of management was discussed. Mr. Urbancic stated his opinion on the matter was not a legal conflict of interest. He also stated many CDDs have arrangements with HOAs to manage their assets. • Ms. McFarland questioned whether FEMA would cover any hurricane damages to CDD assets if they are maintained by the HOA. Mr. Urbancic responded it may give them an easy argument that the CDD is not responsible for it. He noted he was currently fighting FEMA on a similar issue in another community. His argument to FEMA has been that the CDD is ultimately responsible because they own the assets. Vice Chairperson Schewitz amended her previous motion and MOVED for an exploration between Mr. Urbancic and Mr. Earlywine to discuss with representatives from the CDD and HOA Boards to understand the details of the solicitation of the Attorney General Opinion on the interpretation of the Statute for dissolving the CDD with a cap of$10,000 in legal fees and Supervisor Grado seconded it. • Chairperson McFarland asked Vice Chairperson Schewitz if she is willing to attend on behalf of the CDD. Vice Chairperson Schewitz agreed. On VOICE vote with all in favor the motion as previously outlined was approved. A. Key Marco CDD/Key Marco HOA Agreement Termination Discussion B. Key Marco CDD/inframark Contract Discussion The Board reviewed and discussed the contract with the HOA as well as the contract with Inframark. • Chairperson McFarland stated the contract with Inframark is for district management services and is not to replicate something. • Vice Chairperson Schewitz wanted to make sure the services covered under the previous contract with the HOA are covered under the Inframark contract. She reviewed the following items included in the HOA contract that were not included in the Inframark contract: 0 Administration of website compliance, uploads and document retrieval. Inframark provides items that need to be posted to the webmaster,such as the agenda package, 6 16I1A3 June 19, 2019 Key Marco CDD but does not administer the website. Inframark noted several issues with the website that needed to be addressed to be in compliance with State Statutes and communicated that to the webmaster. Chairperson McFarland clarified the CDD contracts with Exploritech for website services. Inframark will provide oversight to ensure compliance. > Designation of Registered Office and Agent with the Secretary of State. This is normally done by the District Attorney. Mr. Urbancic will check to see if he is listed as the Registered Agent. > Conduct surplus property sales and disposition of public assets. This is for surplus equipment/property that needs to be declared as surplus and properly disposed of in accordance with Florida Statutes. Mr. Koncar reviewed the process and indicated Inframark can work with Mr. Urbancic on surplus property. > SFWMD — The CDD has a number of permits Mr. Faircloth has been researching. The water use permit the CDD obtained prior to 2010 was renewed under the HOA. Because of that, the HOA has responsibility for any reporting requirements because they own the property where the wells are located. There are currently no reporting requirements because they are under 3 Million gallons per month in usage. As the District Manager, Inframark interfaces with various agencies on the CDD's behalf. • Vice Chairperson Schewitz stated if you look at the provision of services in the HOA contract and compare them with Inframark,then it can be concluded those services are at a lower cost through Inframark; however, there were many functions provided by the HOA District Manager which are not included in either contract. Primarily, they are the on-site aspects of the job. She suggested entering into a smaller, different contract with the HOA to provide on-site management services at a reduced cost. • Chairperson McFarland asked if Mr. Faircloth felt he needed help. Mr. Faircloth responded he did not. He noted has been interfacing with Crawford Landscaping in regards to items they should be doing under their contract, noting his job is to interface and work with all the CDD's vendors ensuring they are in compliance with their contracts. Mr. Faircloth also noted he was in the process of reviewing contracts with Mr. Urbancic which are missing documentation required by Chapter 119, Florida Statutes. Additionally, it was noted that there were also protections that need to be 7 1611A3 June 19,2019 Key Marco CDD included in various contracts such as naming the CDD as an additional insured. Mr. Faircloth noted that even though the contract with Inframark states they will be on-site only 8 hours per month,he continues working on CDD matters when not on-site. • Vice Chairperson Schewitz requested the services provided by the outgoing HOA/District Manager and promised to get with Mr. Faircloth to review the various items. Mr. Faircloth will send the list on to the rest of the Board for review. SIXTH ORDER OF BUSINESS Inframark Introduction to the Board • Mr. Faircloth introduced himself and stated he looked forward to working with everyone. • Mr. Koncar introduced himself to the Board and provided his contact information. He stated he looked forward to working with the CDD. • Chairperson McFarland stated Inframark has been providing accounting services since January of 2018. The services and programs provided by Inframark have been excellent. She asked how many CDDs Inframark provides both accounting and district management services for. Mr. Koncar responded that Inframark currently manages 85 districts throughout the State as well as HOAs along with a special services component to its operation out of the Fort Myers office for public works services. SEVENTH ORDER OF BUSINESS Old Business A. Three Way Stop Sign at Blue Hill Creek Drive and Whiskey Creek Drive • Mr. Pierre Nareth stated it would be helpful to have an ability to stop speeding traffic through the intersection. Mr.Faircloth stated the CDD has the ability to post stop signs. • Chairperson McFarland expressed concern for Mr. Nareth's property and whether he would be affected by noise from trucks braking suddenly. • Mr. Nareth suggested a warning at the top of the hill that the outlet is the next left. • Chairperson McFarland suggested placing a cone in the middle of Blue Hill Creek Drive,concerned that visibility of a sign could be lost. • Further discussion ensued and there was consensus to install a standard DOT sign that says No Outlet on the south side of the road. 8 1611A 3 June 19, 2019 Key Marco CDD On MOTION by Supervisor Aitkenhead seconded by Chairperson McFarland, with Vice Chairperson Schewitz, Supervisor Kerins and Supervisors McFarland and Aitkenhead voting aye and Supervisor Grado voting nay, installation of a DOT No Outlet sign on the right side of the T at the Blue Hill Creek Drive and Whiskey Crcck Drive intersection was approved. EIGHTH ORDER OF BUSINESS New Business A. Separation of CDD&HOA Expenses Discussion • Mr. Faircloth stated he expressed concern to Mr. Urbancic because as a CDD,they are only permitted to spend money on public property. The CDD should not expend funds for private property unless it can be determined there would be a benefit to the CDD. There are several items such as the electricity bill, landscaping services and irrigation currently in place,which violate this principle. • Mr. Urbancic commented that the CDD needs to spend public funds where it has property or easement rights for which it has an obligation. The CDD needs to look into these areas and address them. One of the items being looked at is re-bidding the landscaping under new specifications. • Mr. Faircloth will bring back a recommendation to the Board of his findings. He also noted he has made public records requests for CDD documents from the HOA and is still awaiting to receive them. B. Crawford Landscaping Letter Dated April 25,2019 Mr. Faircloth reviewed a letter from Crawford Landscaping indicating they will no longer be responsible for lost plant material. It was noted that since Crawford operates and maintains the irrigation system, they should be responsible for dead landscaping as a result of water issues and that the CDD should only be held responsible if it fails to act in a timely manner to repair the system they rely on, as in the case of the irrigation pump that needed to be repaired. Mr. Faircloth suggested responding back to Crawford with this feedback. The Board agreed. A. Crawford Landscaping Chinch Bug Application Proposal Mr. Faircloth reviewed the chinch bug application proposal from Crawford Landscaping. He suggested asking what the CDD's proportion would be for application on CDD property. He also noted the vendor needs to include verbiage regarding public records as required by Statute, but that this information could be added as an addendum. 9 1611A3 June 19,2019 Key Marco CDD On MOTION by Supervisor Aitkenhead seconded by Vice Chairperson Schewitz with all in favor the proposal from Crawford Landscaping for chinch bug application was approved with the request that costs be broken out between the HOA and the CDD so that the CDD can invoice the HOA for their portion. D. Crawford Landscaping Hurricane Season/Storm Clean Up Proposal Mr. Faircloth reported when he was on-site touring the property,he inquired whether the CDD had any hurricane preparedness contracts in place authorizing Crawford Landscaping to do hurricane cleanup work. Crawford Landscaping provided the proposal included in the agenda package. Mr. Faircloth noted that the hourly rates and equipment costs appear are high compared to another such contract he has previously reviewed and recommended negotiating with Crawford for potential better terms. On MOTION by Supervisor Aitkenhead seconded by Supervisor Grado with all in favor the District Manager was authorized to negotiate the terms of the proposal provided by Crawford Landscaping for hurricane season/storm cleanup for better rates. E. Gatehouse Status i. Koala-T Painting,Inc. Estimate On MOTION by Chairperson McFarland seconded by Supervisor Aitkenhead with all in favor the proposal from Koala-T Painting, Inc. for the gatehouse for a total cost of$5,750 was approved. ii. Status of Planters There was brief discussion regarding the status of the planters at the gatehouse and whether they can be given to the HOA as surplus property. On MOTION by Vice Chairperson Schewitz seconded by Supervisor Grado with all in favor the planters at the gatehouse were declared surplus property to be given to the HOA with C3 Gardens to be notified to stop maintenance of those planters on behalf of the CDD. F. Annual Landscape Contract Discussion The Board requested Mr. Faircloth research the previous request for proposals and bring this item back at the next meeting for discussion. 10 1611A 3 June 19, 2019 Key Marco CDD G. District Engineer Discussion The CDD currently does not have an engineer of record. Mr. Faircloth stated it is in the CDD's best interest to have an engineer. The CDD will have to go through the CCNA process as required by Statute and the CDD Rules of Procedure. This requires the RFQ process along with evaluation criteria for review of the qualifications received. The Board requested Mr. Faircloth place a draft RFQ for engineering services on the next agenda with the corresponding evaluation criteria. NINTII ORDER OF BUSINESS Attorney's Report A. Draft Rules of Procedure Mr. Urbancic reviewed a draft Rules of Procedure for the CDD and the following was discussed: • The suggested rules would provide organization on how to conduct CDD business. • Mr. Urbancic requested the Board begin reviewing the rule for ongoing discussions and consideration. • Once the CDD is ready to adopt the Rules of Procedure, the public hearing procedure will have to be followed. • Chairperson McFarland stated there are a few items that are a good idea to highlight. She asked if Mr. Urbancic can revise and reduce the draft material. • Mr. Urbancic stated there is a portion of Section 1, which can be eliminated. Purchasing procedures are important to have. • This item was tabled until the next meeting. B. Consideration of Resolution 2019-06, Relating to Maintenance and Repair Expenditures Mr. Urbancic reviewed Resolution 2019-06,which was discussed at the last meeting. • There is an existing resolution, Resolution 2017-03, which addresses maintenance expenditures outside of a regular meeting when circumstances arise. • This resolution includes a provision under Section 4 for emergency expenditures. • Under this resolution the District Manager will be able to authorize necessary expenditures to resolve the emergency,provided Treasurer gives consent. • Chairperson McFarland suggested changing the verbiage to state provided by either the Treasurer or the Chairperson. The Board agreed. 11 1611A3 June 19, 2019 Key Marco CDD On MOTION by Chairperson McFarland seconded by Supervisor Aitkenhead with all in favor Resolution 2019-06, relating to maintenance and repair expenditures, was approved as amended to include the Chairperson as well as the Treasurer to approve emergency expenditures outside of a meeting. TENTN ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of the March 20, 2019 Meeting On MOTION by Chairperson McFarland seconded by Supervisor Aitkenhead with all in favor the minutes of the March 20, 2019 meeting were approved as presented. C. Special Event Request YMCA of South Collier Letter Dated April 25,2019 Chairperson McFarland stated the CDD has a resolution which allows for two special events within the community. The annual Tour de Marco was held February 27, 2019 and the Marco Half Marathon was held March 17, 2019. This request is for the Tour de Marco to be held February 23,2020. On MOTION by Chairperson McFarland seconded by Vice Chairperson Schewitz with all in favor the request by the YMCA for the February 23,2020 Tour de Marco was approved. C. Acceptance of the Financials Mr. Faircloth reviewed the financials. • The fund balance looks good and the CDD is collecting assessments well. • It was noted that$32,900 in assessment revenue was outstanding. • A few expenditures were noted over budget. On MOTION by Chairperson McFarland seconded by Supervisor Aitkenhead with all in favor the financials for April and May 2019 were accepted. E. FY 2020 Proposed Budget Mr. Faircloth noted the following: • Mr. Faircloth noted he has observed that there are some invoices being allocated to certain line items,which do not appear to be correct. Utilities—Electric includes sewer 12 1611A3 June 19, 2019 Key Marco CDD expenditures that are being applied to it.He recommended either renaming the line item to just Utilities or adding additional line items to accommodate the other expenses. • He also recommended having a narrative for every line item in the budget. This will be clearer for everyone to see how District funds are being spent. • It was also noted that a miscellaneous contingency line item is effective, specifically for field services. As there are times when an unforeseen expenditure may occur and this would allow a line item for such an expense. • The Board agreed to Mr. Faircloth's suggestions. F. Consideration of Resolution 2019-08, Election of Officers The Board reviewed the Slate of Offices. • Chairperson McFarland requested to step down as Chairperson. • Vice Chairperson Schewitz was nominated as Chairperson. • Supervisor Kerins was nominated as Vice Chairperson. • The other Supervisors were nominated as Assistant Secretaries. • Chairperson McFarland was nominated as Treasurer in addition to being Assistant Secretary. • Mr. Faircloth will be Secretary and Mr. Baldwin will be Assistant Treasurer. On MOTION by Chairperson McFarland seconded by Supervisor Aitkenhead with all in favor Resolution 2019-08, electing officers as outlined above,was adopted. G. Report on the Number of Registered Voters (58) This item is for informational purposes only. D. Follow-Up Items iii. Gatehouse LPR Cameras Installation iv. FEMA Update v. Website Discussion • Mr. Faircloth confirmed all FEMA funds were received. • The LPR cameras have been installed. Mr. Kerins noted one of the cameras was missing and may have been mistakenly thrown away. • Mr. Kerins will finish the camera install and provide Mr. Faireloth with the information necessary for him to obtain access to the cameras. 13 161143 June 19, 2019 Key Marco CDD • The website was previously discussed. Mr. Faircloth reviewed the changes he has requested to the website in order for it to be in compliance. ELEVENTH ORDER OF BUSINESS Audience Comments The floor was opened to audience comments: • Mr. Clement asked about the streetlights. Chairperson Schewitz stated it should have been in this agenda as a tabled item. Mr. Faircloth will look into this item and it will be included in the next agenda. • A resident addressed changes made to on site management of the CDD. Chairperson Schewitz stated she will go through a list of services expected from an on-site manager and will review those with Mr. Faircloth to see if they fall under Inframark's scope of services or if necessary for the CDD to develop additional on- site services. She also welcomed feedback from residents. • Various residents discussed the irrigation system. • Mr. Bill Aitkenhead expressed appreciation for the professionalism Mr. Faircloth and Inframark have provided to the District. Noting that compliance and oversight is very important. TWELFTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Supervisor McFarland seconded by Supervisor Aitkenhead with all in favor the meeting adjourned at 11:53 a.m. stin Faircloth Mary B th Schewitz Secretary Chairperson 14 9/25/2019 specialdistrictreports.floridajobs.org/webreports/alphalist.aspx 1611A4 Division of Community Development Special District Accountability Program Official List of Special Districts Online Create a Detailed or Summary List of Special Districts by Selecting From an Alphabetized List of Special Districts —Resort the Order of the Special Districts in Your Report Sort Alphabetically by Special District Sort Alphabetically by the County Sort by Independent/Dependent Status Sort by Function Sort by Creation Method Resort Order New Search Detail Report(1 DISTRICTS SORTED BY DISTRICT) Report Created September 25,2019 North Collier Fire Control and Rescue District Registered Agent's Name: Chief Eloy Ricardo Registered Office Address: 1885 Veterans Park Drive Naples,FL 34109 Telephone: (239)597-3222 Fax: (239)597-7082 E-Mail: eRicardo@northcollierfire.com Website: North Collier Fire Control and Rescue District Active or Inactive: Active Status: Independent County(ies): Collier Local Governing Authority: Collier County Function(s): Fire Control and Rescue Date Created/Established: January 1,2015 Creation Documents: Chapter 2015-191,Laws of Florida Statutory Authority: Chapter 191,Florida Statutes Governing Body: Elected Authority to Issue Bonds: Yes Revenue Source: Ad Valorem Most Recent Update: September 25,2019 Creation Method: Special Act 1 Districts Department of Economic Opportunity 107 East Madison Street Caldwell Building Tallahassee,Florida 32399-4120 specialdistrictreports.floridajobs.org/webreports/alphalist.aspx 1/1 1611A4 NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT Immokalee Big Corkscrew Fire District - Service Delivery Area \ North Naples \ � Service 1:Delivery Area \; Golden Gate Fire District C of lrapl s FI East Naples Collier County Fire Fire District Ochopee Fire District Co ier County Fire Capri Fire Marco Island 1-1-1H Fire District Collier County Fire 1611A4 I FI E (fin I �c THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT'S BOARD OF FIRE COMMISSIONERS WILL HOLD ITS 2019-2020 FISCAL YEAR REGULAR MONTHLY MEETINGS ON THE FOLLOWING DATES AND TIMES. UNLESS OTHERWISE NOTED, THE MEETINGS WILL BE HELD IN THE TRAINING ROOM AT NORTH COLLIER FIRE STATION 45 LOCATED AT 1885 VETERANS PARK DRIVE, NAPLES, FL 34109. Thursday, October 24, 2019 (9am) Thursday, November 21, 2019 (9am) Thursday, December 19, 2019 (9am) Thursday,January 23, 2020 (Evening Meeting at 6pm) Thursday, February 27, 2020 (9am) Thursday, March 26, 2020 (9am) Thursday, April 23, 2020(9am) Thursday, May 28, 2020(9am) Thursday,June 25, 2020 (9am) Thursday,July 23, 2020 (Evening Meeting at 6pm) Thursday, August 27, 2020 (9am) Thursday, September 24, 2020 (9am) Page 1 of 1 1611A4 ATTACHMENT D FACILITY NAME STATION 10 DATE UPDATED:7/1/2015 ADDRESS 13240 AND 13250 IMMOKALEE RD,NAPLES FL 34120 DESCRIPTION CAPACITY: Fire Station DEMAND:Emergency Response Fire&Rescue LAND SIZE: 2.31 ACRES CONSTRUCTION TYPE:CBS BUILDING SIZE: LIVING QTRS: 900 GARAGE: 3,000 WORK AREA OFFICE 2,900 STORAGE TOTAL SQ FT: 6,800 APPARATUS AND EQUIPMENT LADDERS: 0 ATV/UTV: 1 ENGINES: 1 FPB: 1. BRUSH: 1 PEO/OUTREACH: 1 WATER TENDER: 1 TRAILER: 2 ATTACK/SQUAD: 1 TOTAL APPARATUS: 1 STAFFING SHIFT FIRE PREVENTION ADMIN CLERICAL INSPECTOR: 1 OUTREACH: 1 ADMIN: 1 CAPTAIN: 0 LIEUTENANT: 1 ENGINEERS: 1 FIRE FIGHTERS: 2 TOTAL STAFF: 11 SERVICE AREA AREA SIZE: 97 Sq Miles AREA TYPE: RURAL AREA POPULATION: 7,500 CALLS PER YEAR: 1,171 AVERAGE RESPONSE TIME: 7.50 MINUTES TOTAL POPULATION OF DISTRICT 120,000 These 2 buildings are on 1 platted parcel RMG NCFR Five Year Plan 10/2015-9/2020 Page 90 of 106 1611A4 FACILITY NAME STATION 12 DATE UPDATED:7/1/2015 ADDRESS 21520 IMMOKALEE RD,NAPLES,FL.34120 DESCRIPTION CAPACITY: Fire Station DEMAND:Emergency Response Fire&Rescue LAND SIZE: 4.07 ACRES CONSTRUCTION TYPE:CBS BUILDING SIZE: LIVING QTRS 2,196 GARAGE: 3,420 WORK AREA OFFICE 100 STORAGE TOTAL SQ FT: 5,716 APPARATUS AND EQUIPMENT LADDERS: 0 PUMPER. 1 ENGINES: 1 BRUSH: 1 WATER TENDER: 1 ATTACK/SQUAD: 1 TOTAL APPARATUS: 5 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 0 LIEUTENANT: 1 ENGINEERS: 1 FIRE FIGHTERS: 2 TOTAL STAFF: 4 SERVICE AREA AREA SIZE: 97 Sq Miles AREA TYPE: RURAL/REMOTE AREA POPULATION: 5,000 CALLS PER YEAR: 360 AVERAGE RESPONSE TIME: 7.50 MINUTES TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 91 of 106 1611 A4 FACILITY NAME STATION 40 Date Updated: 7/1/2015 ADDRESS 1441 Plne Ridge Road,Naples,FL 34109 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire&Rescue LAND SIZE: 1.05 CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 3,257 GARAGE: 3,915 WORK AREA: 600 OFFICE: 1,750 STORAGE: 320 HOSE TOWER 184 TOTAL SQ FT: 10,026 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 0 PUMPERS: 0 SQUAD: 1 HOSE: 0 UTILITY: 0 TANKERS: 0 BRUSH: 0 COMMAND: 1 WOODS: 0 STAFF: 0 ANTIQUE 0 TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL BATTALION CHIEF 1 CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 6 FIRE FIGHTERS: 6 TOTAL STAFF: 16 SERVICE AREA AREA SIZE: 10 Sq Miles AREA TYPE: Urban AREA POPULATION: 14,500 CALLS PER YEAR: 2,200 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 92 of 106 1611A4 FACILITY NAM& STAT ION 42 Date Updated 7/1/2015 ADDRESS 7010 IMMOKALEE ROAD,NAPLES FL 34119 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire&Rescue LAND SIZE: 1.29 CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 3,228 GARAGE: 3,638 WORK AREA: 91 OFFICE: 91 STORAGE: 125 TOTAL SQ FT: 7,173 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 0 PUMPERS: 0 SQUAD: 0 HOSE: 0 UTILITY: 0 TANKERS: 1 BRUSH: 1 COMMAND: 1 WOODS: 0 STAFF: 0 ANTIQUE 0 TOTAL APPARATUS: 3 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 6 FIRE FIGHTERS: TOTAL STAFF: 9 SERVICE AREA AREA SIZE: 20 Sq Miles AREA TYPE: Urban AREA POPULATION: 11.000 CALLS PER YEAR: 2,000 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 93 of 106 1611A4 FACILITY NAME STATION 43 Date Updated: 7/112015 ADDRESS 16325 Vanderbilt Dr,Bonita Springs,FL 34134 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire&Rescue LAND SIZE: 1.26 acres CONSTRUCTION TYPE:CBS BUILDING SIZE: LIVING QUARTERS: 3,233 GARAGE: 2,820 WORK AREA: 524 OFFICE: 104 STORAGE: 952 TOTAL SQ FT: 7,633 APPARATUS AND EQUIPMENT ENGINES: 0 LADDERS: 1 PUMPERS: 1 SUPPORT: 0 HOSE: 0 UTILITY: 1 TANKERS: 0 BOAT: 1 BRUSH: 0 COMMAND: 0 WOODS: 0 STAFF: 0 TOTAL APPARATUS: 3 STAFFING, SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 AREA SIZE: 12 Sq Miles AREA TYPE: Urban AREA POPULATION: 11,000 CALLS PER YEAR: 1,300 AVERAGE RESPONSE TIME: 6.00 minutes TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 94 of 106 1611A4 FACILITY NAME STATION 44 Date Updated: 7/1/2015 ADDRESS 8970 Hammock Oak Dr.,Naples,FL 34108 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire&Rescue LAND SIZE: CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 5,976 GARAGE: 3,744 WORK AREA: 249 OFFICE: 359 STORAGE: 458 TOTAL SQ FT: 10,786 APPARATUS AND EQUIPMENT ENGINES: 1 LADDERS: 1 PUMPERS: 0 SUPPORT: 0 HOSE: 0 UTILITY: 1 TANKERS: 0 SQUAD: 1 BRUSH: 0 COMMAND: 0 WOODS. 0 STAFF: 0 BOAT: 2 ATC: 2 TOTAL APPARATUS: 8 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 5 ENGINEERS: 6 FIRE FIGHTERS: 12 TOTAL STAFF: 24 SERVICE AREA AREA SIZE: 7 Sq Miles AREA TYPE: Urban AREA POPULATION: 20,000 CALLS PER YEAR: 2,500 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 95 of 106 1611A4 FACILITY NAME STATION 46 Date Updated: 7/172015 ADDRESS 1885 VETERANS PARK DR.,NAPLES,FL 34109 DESCRIPTION CAPACITY: Fare Station DEMAND: Emergency Response Fire 8 Rescue LAND SIZE: 6.9 ACRES CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QUARTERS: 7,619 GARAGE: 6,923 RESIDENTIAL: 8,533 ASSEMBLY: 2707 SQUARE FT 22,782 TRAIN TOWER: 2,332 GENERAL BUILDING: 308 TOTAL SQ FT 25,422 APPARATUS AND EQUIPMENT ENGINES: 1 SRU: 4 UTILITY: 1 TRAINING VEHICLE: 6 TRAILER: 9 FPB: 0 PUMPER: 1 COMMAND: 5 PIC: TOTAL APPARATUS: 28 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL BATTALION CHIEF: 3 CHIEF 1 FINANCE 2 CAPTAIN: 1 ASST.CHIEF 2 ADMIN 3 LIEUTENANTS: 2 DEPUTY CHIEF 2 ENGINEERS: 6 BATT COMM 1 FIREFIGHTERS: 6 CAPTAIN 2 PUBLIC INFOR. 1 PEO/INSPECTOR 1 COMM OUTREACH 1 IT 1 MEDICAL DIRECTOR 1 TOTAL STAFF: 34 SERVICE AREA AREA SIZE: 8 Sq Miles AREA TYPE: Urban AREA POPULATION: 22,000 CALLS PER YEAR: 2,200 AVERAGE RESPONSE TIME: 6.00 Minutes TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 96 of 106 1 6 1 1 A 4 FACILITY NAME STATION 48 Date Updated: 7!1/2015 ADDRESS 3410 PINE RIDGE RD.NAPLES FL 34105 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire 8 Rescue LAND SIZE: 4 25 CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QTRS 3,088 GARAGE 2,828 WORK AREA 399 OFFICE 98 STORAGE 324 TOTAL SQ FT 8,535 APPARATUS AND EQUIPMENT Engines: 1 Brush: 1 TOTAL APPARATUS 2 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS. 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: 8 Sq Mlles AREA TYPE: Urban AREA POPULATION: 15,000 CALLS PER YEAR: 2,000 AVERAGE RESPONSE TIME: 8 00 Minutes TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 97 of 106 1611A4 FACILITY NAME STATION 47 DATE UPDATED: 7!1/2015 ADDRESS 2795 N AIRPORT PULLING RD,NAPLES FL 34105 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire&Rescue LAND SIZE 1.5 ACRES CONSTRUCTION TYPE: CBS BUILDING SIZE: LIVING QTRS. 4,357 GARAGE: 3,720 WORK AREA 650 OFFICE 392 STORAGE 388 TOTAL SQ FT: 9.507 APPARATUS AND EQUIPMENT LADDERS: 1 ENGINES: 0 BRUSH: 0 TOTAL APPARATUS: 1 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 LIEUTENANT: 2 ENGINEERS: 3 FIRE FIGHTERS: 3 TOTAL STAFF: 9 SERVICE AREA AREA SIZE: 5 Sq Mlles AREA TYPE: Urban AREA POPULATION: 6,000 CALLS PER YEAR: 1,500 AVERAGE RESPONSE TIME 8.00 MINUTES TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-92020 Page 98 of 106 16I1A4 FACILITY NAME STATION 48 DATE UPDATED:7/1/2015 ADDRESS 2795 N AIRPORT PULLING RD,NAPLES FL 34105 DESCRIPTION CAPACITY: Fire Station DEMAND: Emergency Response Fire&Rescue LAND SIZE: 3.28 ACRES CONSTRUCTION TYPE: TYPE: CBS BUILDING SIZE: LIVING QTRS: TBD GARAGE: TBD WORK AREA TBD OFFICE TBD STORAGE TBD TOTAL SQ FT: 15,686 APPARATUS AND EQUIPMENT LADDERS: 1 TRAILERS: 1 ENGINES: 0 SRU: 1 BRUSH: 1 TRAINING: 2 SQUAD: 0 COMMAND: 1 TOTAL APPARATUS: 7 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL CAPTAIN: 1 CHIEF: 1 ADMIN: 1 LIEUTENANT: 2 CAPTAIN: 1 ENGINEERS: 3 LIEUTENANT: 1 FIRE FIGHTERS: 3 TOTAL STAFF: 13 SERVICE AREA AREA SIZE: TBD AREA TYPE: Urban AREA POPULATION: 8,000 CALLS PER YEAR: TBD AVERAGE RESPONSE TIME: TBD TOTAL POPULATION OF DISTRICT 120,000 DUE TO STATION JUST OPENING-CERTAIN STATISTICS NOT YET AVAILABLE RMG NCFR Five Year Plan 10/2015-9/2020 Page 99 of 106 1611A4 FACILITY NAME SUPPORT SERVICES FACILITY#1 DATE UPDATED:7/1/2015 ADDRESS 6495 TAYLOR RD,NAPLES,FL 34109 DESCRIPTION CAPACITY: MAINTENANCE,WAREHOUSE,OFFICE DEMAND: FLEET, FACILITIES,LIFE SAFETY LAND SIZE: 1.6 ACRES CONSTRUCTION TYPE: CBS AND STEEL BUILDING SIZE: BUILDING A: 3,039 BUILDING B: 6,156 BUILDING C: 9,042 TOTAL SQ FT: 18,237 APPARATUS AND EQUIPMENT SUPPORT: 3 COMMAND: 4 UTILITY: 2 LIFE SAFETY/FPB: 14 TOTAL APPARATUS: 23 STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL FIRE MARSHAL 1 ASST CHIEF 1 ADMIN 2 CAPTAIN: DEP FIRE MARSHAL 2 DEP CHIEF 1 PT TIME 1 LIEUTENANT: INSPECTORS 9 BATT COMM 1 ENGINEERS: APP.TECH. 3 FIRE FIGHTERS: FACILITIES 2 TOTAL STAFF: 21 SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 100 of 106 1611A4 FACILITY NAME SUPPORT SERVICES FACILITY#2 DATE UPDATED:7/1/2015 ADDRESS 18665 IMMOKALEE RD,NAPLES FL 34120 DESCRIPTION CAPACITY: MAINTENANCE,WAREHOUSE, FITNESS DEMAND: FLEET, FACILITIES,LIFE SAFETY LAND SIZE: 4.02 ACRES CONSTRUCTION TYP CBS AND STEEL BUILDING SIZE: BUILDING A: 4,800 TOTAL SQ FT: 4,800 APPARATUS AND EQUIPMENT SUPPORT: COMMAND: UTILITY: LIFE SAFETY/FPB: TOTAL APPARATUS: STAFFING SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL AS NEEDED AS NEEDED TOTAL STAFF: N/A SERVICE AREA AREA SIZE: AREA TYPE: AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME: TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 101 of 106 1611A4 FACILITY NAME NCFR BOAT SLIP DATE UPDATED:07/1/2015 ADDRESS 13105 VANDERBILT DR, SLIP 47, NAPLES, FL.34109 DESCRIPTION CAPACITY: BOAT SLIP DEMAND: Emergency Response Fire&Rescue LAND SIZE: N/A CONSTRUCTION TYPE:Wood Dock BUILDING SIZE: LIVING QTRS. NA GARAGE: NA WORK AREA NA OFFICE NA STORAGE NA TOTAL SQ FT: NA APPARATUS AND EQUIPMENT FIRE/RESCUE BOAT 1 ENGINES: 0 BRUSH: 0 TOTAL APPARATUS: 1 STAFFING, SHIFT FIRE PREVENTION ADMINISTRATION CLERICAL AS NEEDED FOR RESPONSE SERVICE AREA AREA SIZE: AREA TYPE: INLAND WATERWAYS AND GULF OF MEXICO AREA POPULATION: CALLS PER YEAR: AVERAGE RESPONSE TIME. TOTAL POPULATION OF DISTRICT 120,000 RMG NCFR Five Year Plan 10/2015-9/2020 Page 102 of 106 16I1A4 '! m17A RESOLUTION 19-021 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY FLORIDA,ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE NORTH NAPLES SERVICE DELIVERY AREA FOR FISCAL YEAR 2019-2020, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, sections 6(a) and (b) of the North Collier Fire Control and Rescue District's Charter found in section 3 of chapter 2015-191, Laws of Florida, and Section 6 of chapter 2015-191, Laws of Florida authorizes the North Collier Fire Control and Rescue District to levy an ad valorem taxation on property within its boundaries in Collier County in the North Naples Service Delivery Area in an amount not to exceed 1 mill;and WHEREAS,the North Collier Fire Control and Rescue District on September 26th, 2019 adopted Fiscal Year 2019-2020 Final Millage Rate for the North Naples Service Delivery Area following the public hearing required by section 200.065, Florida Statutes; and WHEREAS, the gross taxable value for operating purposes not exempt from ad valorem taxation within the North Collier Fire Control and Rescue District, North Naples Service Delivery Area, has been certified by the Collier County Property Appraiser as $33,457,840,616; Page 1 of 3 161 Resolution 19-021 + September 26,2019 Page 2 of 3 NOW,THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that the Fiscal Year 2019-2020 operating millage rate for the North Collier Fire Control and Rescue District, North Naples Service Delivery Area, is 1.00 mills per$1,000.00, which is more than the rolled-back rate of.0.9697 mills per$1,000.00 by 3.12%. Such millage rate will be collected pursuant to the same manner and form as county taxes. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner .0(/,Q ke , who moved its adoption. // �, The motion was seconded by Commissioner6 £ ?Mak-, , and the Vote was as follows: Commissioner M.James Burke -4474-- Commissioner James Calamari 44— Commissioner Christopher L. Crossan I a Commissioner Norman E. Feder li if Commissioner J. Christopher Lombardo —Vag— Duly passed on this 26th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. Page 2 of 3 Resolution 19-021 16 1 1 A 4 September 26,2019 Page 3 of 3 NORTH COWER FIRE CONTROL AND RESCUE DISTRICT MQg6itle, M.James Burke A ri Jame�amari V r hristo- er a Crossan Norm . Feder - • - .m•ardo Page 3 of 3 16I1A4 , lII RESOLUTION 19-022 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY FLORIDA,ADOPTING THE FINAL LEVY OF AD VALOREM TAXES FOR THE BIG CORKSCREW ISLAND SERVICE DELIVERY AREA FOR FISCAL YEAR 2019-2020, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, sections 6(a) and (b) of the North Collier Fire Control and Rescue District's Charter found in section 3 of chapter 2015-191, Laws of Florida, and Section 6 of chapter 2015-191, Laws of Florida authorizes the North Collier Fire Control and Rescue District to levy an ad valorem taxation on property within its boundaries in Collier County in the Big Corkscrew Island Service Delivery Area in an amount not to exceed 3.75 mills; and WHEREAS, the North Collier Fire Control and Rescue District on September 26, 2019 adopted Fiscal Year 2019-2020 Final Millage Rate for the Big Corkscrew Island Service Delivery Area following the public hearing required by section 200.065, Florida Statutes;and WHEREAS, the gross taxable value for operating purposes not exempt from ad valorem taxation within the North Collier Fire Control and Rescue District, Big Corkscrew Island Service Delivery Area, has been certified by the Collier County Property Appraiser as$1,766,341,860; Page 1 of 3 1611A4 Resolution 19-022 September 26,2019 Page 2 of 3 NOW,THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that the Fiscal Year 2019-2020 operating millage rate for the North Collier Fire Control and Rescue District, Big Corkscrew Island Service Delivery Area, is 3.75 mills per$1,000.00, which is more than the rolled-back rate of 3.3663 mills per $1,000.00 by 11.40%. Such millage rate will be collected pursuant to the same manner and form as county taxes. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner as�Ctfnq,Pi who moved its adoption. The motion was seconded by Commissioner /2t/,? Ke , and the Vote was as follows: Commissioner M.James Burke (C!V Commissioner James Calamari %IQ 9' Commissioner Christopher L. Crossan Commissioner Norman E. Feder CfL/l/J Commissioner J. Christopher Lombardo jialf Duly passed on this 26th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. Page 2 of 3 16I1A4 Resolution 19-022 September 26,2019 Page 3 of 3 NORTH COWER FIRE CONTROL AND RESCUE DISTRICT M.James Bur /A 01-01 Cala Nor Christop L. Crossan Nor .n Feder op er Lombardo Page 3 of 3 16I1A4 OII 'fIIl11 .. RESOLUTION 19-023 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY, FLORIDA, IMPOSING FINAL IMPACT FEE RATES FOR THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT FOR FISCAL YEAR 2019-2020;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, impact fees are a funding mechanism that a local government may utilize to pay for public improvements that are necessary to serve new growth;and WHEREAS,impact fees must satisfy a dual rational nexus test to be constitutional; and WHEREAS, the dual rational nexus test requires a local government to show a reasonable nexus between the local government's need for additional capital facilities and the new construction and that a special benefit is conferred upon the fee payers;and WHEREAS, Subsection 8 of section 6 of the North Collier Fire Control and Rescue District's Charter within section 3 of chapter 2015-191, Laws of Florida, authorizes the North Collier Fire Control and Rescue District to assess impact fees for capital improvements on new construction within its boundaries;and WHEREAS, Resolution 19-004 established new impact fee rates that are effective October 1,2019,which were based upon the most recent and localized data,as evidenced by the Impact Fee Indexing Study Final Report dated February 6, 2019, which included consideration of the District's just land values; the cost of building construction; and capital infrastructure needs and costs for new equipment and vehicles;and Page 1 of 6 1611A4 Resolution 19-023 September 26,2019 Page 2 of 6 WHEREAS, the calculation of impact fee rates assessed effective for the 2019- 2020 fiscal year will be based upon the most recent and localized data, as evidenced by the North Collier Fire Control&Rescue District Fire Impact Fee Update Study Final Report dated February 6, 2019; and WHEREAS, the accounting of the impact fee revenues and expenditures are provided for and reported in a separate and segregated special revenue fund entitled Impact Fee Fund;and WHEREAS,Collier County collects the impact fees for the North Collier Fire Control and Rescue District and charges an administrative fee to cover Collier County's actual costs of such collection,pursuant to interlocal agreements dated September 25,1990 and December 13,2005; and WHEREAS,to promote efficiency with Collier County in its collection of the North Collier Fire Control and Rescue District's impact fees,this resolution includes impact fee land use categories that are consistent with Collier County's impact fee land use categories as well other collection procedures;and WHEREAS, Section 163.31801, Florida Statutes (2018), requires that notice be provided no less than ninety (90) days before the resolution may take effect since it is imposing an increased impact fee, and upon approval of this resolution and at least 90 days prior to October 1,2019, District staff shall ensure publication of notice as required by Florida law;and WHEREAS, upon the timely publication of notice,the impact fees adopted by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District for the Page 2 of 6 1611A4 Resolution 19-023 September 26,2019 Page 3 of 6 2019-2020 fiscal year are imposed in compliance with Section 163.31801,Florida Statutes (2018). NOW,THEREFORE, BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that: Section 1. The above recitals are true and correct,and are fully incorporated herein. Section 2. The North Collier Fire Control and Rescue District hereby adopts and incorporates the North Collier Fire Control&Rescue District Fire Impact Fee Indexing Study Final Report dated February 6, 2019,attached in its entirety as Exhibit A, including the assumptions, conclusions and findings in the study. Section 3. This resolution shall be applicable within the entirety of the North Collier Fire Control and Rescue District. Section 4. The North Collier Fire Control and Rescue District hereby adopts the following schedule of impact fee charges upon new construction to be used for capital improvements that are necessary to serve new growth in accordance with Florida law: Residential: Single - Less than 4,000 sf du $658.09 -4,000 sf or greater _ du $750.45 Multi-Family du $334.82 Mobile Home/RV(Tied Down) du $511.84 Transient, Assisted, Group Hotel room $312.30 Motel room $293.02 Assisted Living Facility (ALF)/Retirement du $385.55 Community Nursing Home bed $404.83 Page 3 of 6 1611A4 Resolution 19-023 September 26,2019 Page 4 of 6 Recreational RV Park site $192.78 Marina berth $73.26 Golf Course 18 holes $7,495.09 Bundled Golf Course 18 holes $2,247.76 Movie Theater w/Matinee screen $2,305.59 Dance Studios/Gyms 1,000 sf $855.92 Institutions Elementary School (Private) student $23.13 Middle School (Private) student $26.99 High School (Private) student $30.84 University/Junior College with 7,500 or student $38.56 fewer students University/Junior College with more than student $26.99 7,500 students Church seat $11.57 Day Care student $19.28 Hospital 1,000 sf $528.21 Office Office 6,000 sf or less 1,000 sf $385.55 Office 6,001- 100,000 sf 1,000 sf $458.81 Office 100,001- 200,000 sf 1,000 sf $389.41 Office 200,001- 400,000 sf 1,000 sf $327.72 Office greater than 400,000 sf 1,000 sf $296.88 Medical Office/Clinic 10,000 sf or less 1,000 sf $439.53 Medical Office/Clinic greater than 10,000 1,000 sf $640.01 sf Business Park (Flex Space) 1,000 sf $370.13 Retail Retail 100,000 gsf or less 1,000 sf $948.45 Retail 100,001- 150,000 gsf 1,000 sf $867.49 Retail 150,001- 200,000 gsf 1,000 sf $886.77 Retail 200,001- 400,000 gsf 1,000 sf $902.19 Retail 400,001- 600,000 gsf 1,000 sf $940.74 Retail 600,001- 1,000,000 gsf 1,000 sf $933.03 Retail greater than 1,000,000 gsf 1,000 sf $894.48 New/Used Auto Sales 1,000 sf $566.76 Tire Superstore 1,000 sf $516.64 Convenience Market 1,000 sf $2108.96 Page 4 of 6 1611A4 Resolution 19-023 September 26,2019 Page 5 of 6 Convenience Store w/Gas Pumps: 4 or less fuel positions fuel pos. $1,677.15 5-6 fuel positions fuel pos. $1,426.54 7-8 fuel positions fuel pos. $1,268.47 9-10 fuel positions fuel pos. $1,133.52 11-12 fuel positions fuel pos. $1,060.27 13 or more fuel positions fuel pos. $998.58 Home Improvement Superstore 1,000 sf $697.85 Pharmacy/Drug Store with and wo/Drive- 1,000 sf $755.68 Thru Furniture Store 1,000 sf $92.53 Bank/Savings Walk-In 1,000 sf $859.78 Bank/Savings Drive-In 1,000 sf $879.05 Low-Turnover Restaurant seat $84.82 High-Turnover Restaurant seat $104.10 Fast Food Rest. w/Drive-Thru 1,000 sf $3,431.40 Quick Lube service bay $447.24 Gasoline/Service Station fuel pos. $736.41 Self-Service Car Wash service bay $335.43 Automated Car Wash 1,000 sf $678.57 Luxury Auto Sales 1,000 sf $397.12 Industrial Light Industrial 1,000 sf $266.04 Manufacturing 1,000 sf $192.78 Warehouse 1,000 sf $107.95 Mini-Warehouse/Storage 1,000 sf $23.13 No reduction in the assessed impact fee rate is authorized and the provisions within Resolution 19-004 are applicable. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner egosSAN who moved its adoption. The motion was seconded by Commissioner g(//eke ,and the Page 5 of 6 16114h Resolution 19-023 September 26,2019 Page 6 of 6 Vote was as follows: Commissioner M.James Burke qa&/ Commissioner James Calamari % G Commissioner Christopher L. Crossan L/2 Commissioner Norman E. Feder gay Commissioner J.Christopher Lombardo 46#— Duly passed on this 26th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. NORTH COLLIER Fl CONTROL AND RESCUE DISTRICT dla M. James •urr� A Al / J. al. - 7, 1reow - C ristoph; . Cross (../1441' Norm n Feder-- -- Page 6 of 6 1611A4 RESOLUTION 19-024 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE NORTH NAPLES SERVICE DELIVERY AREA GENERAL FUND FOR FISCAL YEAR 2019-2020; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, on September 26, 2019 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, set forth the appropriations for the North Naples Service Delivery Area in the amount of $36,191,854 and revenue estimates in the amount of $34,528,649 for the General Fund for the Fiscal Year Fiscal Year 2019-2020;and NOW,THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that the Fiscal year 2019-2020 Final Budget for the General Fund for the North Naples Service Delivery Area be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner Jet/0e who moved its adoption. The motion was seconded by Commissioner FeLJP,2_ , and the Page 1 of 2 Resolution 19-024 16 I 1 A 4 September 26, 2019 Page 2 of 2 Vote was as follows: Commissioner M.James Burke &tog Commissioner James Calamari WOri Commissioner Christopher L. Crossan L/C/1/ Commissioner Norman E. Feder LCf v/ Commissioner J. Christopher Lombardo —*If— Duly passed on this 26th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT 4_, / 4[Y M.James : rke r 1 -s C. . • ' 7._ r oil ,,,, , Ch stoph= L. Crossan Or ./-1.Feder --- J. Christop er Lombardo Page 2 of 2 I611A4 all cal U . RESOLUTION 19-025 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE BIG CORKSCREW ISLAND SERVICE DELIVERY AREA GENERAL FUND FOR FISCAL YEAR 2019-2020; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, on September 26, 2019 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, set forth the appropriations for the Big Corkscrew Island Service Delivery Area in the amount of $5,038,331 and revenue estimates in the amount of$7,012,493 for the General Fund for the Fiscal Year Fiscal Year 2019-2020;and NOW,THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that the Fiscal year 2019-2020 Final Budget for the General Fund for the Big Corkscrew Island Service Delivery Area be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner &oSSAAil who moved its adoption. The motion was seconded by Commissioner UIQ k , and the Page 1 of 2 16 ( 1A4 Resolution 19-025 September 26,2019 Page 2 of 2 Vote was as follows: Commissioner M. James Burke tp (,I Commissioner James Calamari 4/a q Commissioner Christopher L. Crossan (-la q Commissioner Norman E. Feder ya q Commissioner J. Christopher Lombardo 464--- Duly passed on this 26th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT ee / M.James B rke • ()I COh . J. �.m ri 4111.1, 647 4,j . et-//- Christop• -r L. Crossan C 71.4 Nor y . • - . •r 44 . ` ris op er ombardo Page 2 of 2 1611A 4 b1 � RESOLUTION 19-026 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE NORTH COLUER FIRE CONTROL AND RESCUE DISTRICT IMPACT FEE FUND FOR FISCAL YEAR 2019-2020; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, on September 26, 2019 held a public hearing as required by Florida Statute 200.065; and WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, set forth the appropriations in the North Collier Fire Control and Rescue District in the amount of $82,717 and revenue estimates in the amount of $499,000 for the Impact Fee Fund for the Fiscal Year 2019-2020; NOW,THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County Florida,that the fiscal year 2019-2020 Final Budget for North Collier Fire Control and Rescue District Impact Fee Fund be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner en w(Yrr,e;• , who moved its adoption. The motion was seconded by Commissioner Loss A to , and the Page 1 of 2 Resolution 19-026 16 I 1 A 4 September 26,2019 Page 2 of 2 Vote was as follows: Commissioner M.James Burke Commissioner James Calamari qôCommissioner Christopher L. Crossan Commissioner Norman E. Feder 6/a Commissioner J. Christopher Lombardo 4(14— Duly passed on this 12th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT „6/4., M.James B *e Ja , ar' Christophe L. • 7/1 Nor - • • .er . Christopher Lombardo Page 2 of 2 1611A4 r�,�e , RESOLUTION 19-027 A RESOLUTION OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT OF COLLIER COUNTY FLORIDA, ADOPTING THE FINAL BUDGET FOR THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT INSPECTION/PLAN REVIEW FEE FUND FOR FISCAL YEAR 2019-2020; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, on September 26, 2019 held a public hearing as required by Florida Statute 200.065;and WHEREAS, the North Collier Fire Control and Rescue District of Collier County, Florida, set forth the appropriations in the North Collier Fire Control and Rescue District in the amount of$2,037,318 and revenue estimates in the amount of$2,050,000 for the Inspection/Plan Review Fee Fund for the Fiscal Year 2019-2020; NOW,THEREFORE,BE IT RESOLVED by the BOARD OF FIRE COMMISSIONERS OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT of Collier County, Florida,that the fiscal year 2019-2020 Final Budget for North Collier Fire Control and Rescue District Inspection/Plan Review Fee Fund be adopted. This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner ( oAA-) who moved its adoption. The motion was seconded by Commissioner Feoex. , and the Page 1 of 2 Resolution 19-027 1611 A 4 September 26,2019 Page 2 of 2 Vote was as follows: Commissioner M.James Burke 44— Commissioner James Calamari —hi-6---q--- Commissioner Christopher L. Crossan —44-- Commissioner Norman E. Feder yaw Commissioner J. Christopher Lombardo t/Q(rf Duly passed on this 26th day of September, 2019 by the Board of Fire Commissioners of the North Collier Fire Control and Rescue District. NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT /(4962't 4. M.James Burke t------- Ies Cala, ani 4111191' . - i Christ her Cuero sa k e '..etd_ Nor an Feder _._,,c ,7 Christopher Lombardo Page 2 of 2 1611B1 (4t-i* KTDEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT ,,- �•<<i m FORT NORFOLK ;.411;' ' M 803 FRONT STREET NORFOLK VA 23510-1011 Srltf.5 t14 Executive Office MI6 19 2019 Honorable William L. McDaniels, Jr. Chairman, Collier County Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples, FL 34112 Dear Chairman McDaniels: This is letter is to inform you of a recent change to the milestone schedule for the Collier County, Florida, Coastal Storm Risk Management Feasibility Study. The study agreement was signed in October 2018 and the baseline schedule was provided in January 2019 to Commissioner Andrew Solis, who was Chairman at that time. Section 1002 of the 2014 Water Resources Reform and Development Act requires me to notify you, as Non-Federal Sponsor, of the above schedule change as well as the reasons for the change The change is that we are now projecting the milestone for Release of the Draft Report for Public Comment to be rescheduled from December 2019 to April 2020. Below are the Baseline Schedule and the new Current Schedule. Key Milestone Baseline Current Schedule Schedule Release of Draft Report for Public Comment: 16 Dec 2019 6 Apr 2020 District Submits Final Report to MSC: 20 Apr 2021 20 Apr 2021 MSC Transmittal of Final Report: 20 Apr 2021 20 Apr 2021 Signed Chief of Engineer's Report: 24 Sep 2021 24 Sep 2021 At the time of reporting the Baseline Schedule in January 2019, the Corps and the County had scoped the study to address primarily the Gulf Coast beaches at Naples. Subsequently, in coordination with Mr. Gary McAlpin of the County staff, we expanded the scope of the study to address additional geographic areas, including possible project features within the back-bay areas of the County. The expanded scope and additional analyses will require more time to develop recommendations and the draft report. 161181 -2- If you have any questions, please contact Ms. Ashton Burgin, Project Manager, at 757-201-7616 or email Ashton.d.burgin2@usace.army.mil. Sincerely, Patrick V. Kinsman, PE Colonel, U.S. Army Commanding