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Heritage Bay Agenda 11/07/2019 Heritage Bay Community Development District Board of Supervisors o Edwin Hubbard,Chairman o Justin Faircloth,District Manager U F.Jack Arcurie,Assistant Secretary o Gregory Urbancic,District Counsel o Dennis Gagne,Assistant Secretary a Jeffrey Satfield,District Engineer o Donna Hunter,Assistant Secretary Regular Meeting Agenda November 7,2019—9:00 a.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Organizational Matters A. Acceptance of Resignation—John May 5. Engineer's Report 6. Attorney's Report 7. Lake&Wetland Management Monthly Inspections and Service Reports 8. Old Business A. LMS Update 9. New Business A. Motion to Assign Fund Balance B. Resolution 2020-1 Budget Amendment 10. Manager's Report A. Approval of the Minutes of the October 3,2019 Meeting B. Acceptance of Financials C. Field Manager's Report D. Follow Up Items i. Q.E.Open Items for Completion ii. Boulder Lake Installation of Boundary Posts and Buoy 11. Supervisors' Reports,Requests,and Comments 12. Chairman's Comments A. TQ Lakes committee Meeting 11/4/19 13. Audience Comments 14. Adjournment The next meeting is scheduled for December 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 \apIr 71iiti; alzt PART Of THE USA TODAY NETWORK Published Daily Naples, FL 34110 NOTICE OF MEETING SCHEDULE HERITAGE BAY HERITAGE BAY COMMUNI TY COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR#702 The Board of Supervisors of the 1-leritage Bay Community Devel- opment District will hold their meetings for Fiscal Year CORAL SPRINGS,FL 33071-7320 2019/2020 In the Heritage Ba Clubhouse, 10154 Heritage Bay Boulevard,Naples Florida,at 9:00 a.m.as follows: October 3,2019 November 7,2019 Affidavit of Publication Decembers,2019 STATE OF WISCONSIN January 2,2020 January 30,2020 COUNTY OF BROWN March 5,2020 April 2,2020 May 7,2020 Before the undersigned they serve as the authority, June 4,2020 22020 personally appeared said legal clerk who on oath says that Auer August 6,2020 he/she serves as Legal Clerk of the Naples Daily News, a September 3,2020 daily newspaper published at Naples, in Collier County, The meetings are open to the public and will be conducted in •Florida; distributed in Collier and Lee counties of Florida; accordance with One provision of Florida Law for Community Development Districts. The meetings may be continued to a that the attached copy of the advertising was published in date, time, and place to he specified on the record at the meet- said newspaper on dates listed. Affiant further says that the tng. said Naples Daily News is a newspaper published at There may be occasions when une or inure Supervisors will par- Naples, in said Collier County, Florida, and that the said ticipate by telephone. newspaper has heretofore been continuously published in Any person requiring special accommodations at these meetings said because of a disability or physical impairment should contact the District Manager's Office at least forty-eight 148)hours prior Collier County, Florida; distributed in Collier and Lee to the meeting. It you are hearing or speech impaired, please counties of Florida, each day and has been entered as contact the Florida Relay Service by dialing 7-I-1, or 1-800.955. second class mail matter at the post office in Napes, in 8771 (TTY)/ 1-800-955-8770 (Voice), for aid in contacting the District Manager's Office. said Collier County, Florida, For a period of one year next preceding the first Each person who decides to appeal any action taken at these p g publication of the attached copy of meetings is advised that person will need a record of the pro- advertisement; and affiant further says that he has neither ceedings and that accordingly, the parson may need to ensure nor that a verbatim record of the proceedings is made, including paidpromised any person, or corporation any discount, the testimony and evidence upon which such appeal is to he rebate, commission or refund for the purpose of securing based. this advertisement for publication in the said newspaper. stri Fairct Manna Distri9 Dager Sept 20,2019 No. 3784770 Publliishedd::Seeptember 20,2019 Subscribed and sworn to before on September 20,2019: Notary,State of WI,County of Brown • AflP,. lvl(.H\IDD3(�11 hi', niy Pi.,Hic :totmu of Wiscvr.sin My commission expires August li 2021 Publication Cost:$336.00 Ad No:0003784770 Customer No 1305454 PO 4: Meeting Schedule Subject: FW: HBCDD -John May Resignation From:Edwin B Hubbard <hubbsbuflo@hotmail.com> Sent:Tuesday,October 22,2019 4:29 PM To: Faircloth,Justin<justin.faircloth@inframark.com> Subject:Fwd: Letter of resignation? FYI. Ed Sent from my iPhone Begin forwarded message: From:John May<jmay1544@yahoo.com> Date:October 22,2019 at 4:21:39 PM EDT To: Ed Hubbard<hubbsbuflo@hotmail.com> Cc:"jmay1544@yahoo.com May"<jmayl544@yahoo.com> Subject:Re:Letter of resignation? To Ed Hubbard President of HB CDD It is with mixed emotions that I tender my resignation from the Board of Supervisors, Heritage Bay Community Development District,Seat Five. It has been a privilege to serve on this board with the competent members who function in this best interest of this community. Best of luck and success in the Future. John Cullen May 10/22/2019 On Oct 22,2019,at 2:49 PM,John May<imay1544@yahoo.com>wrote: Have school today I will email it tomorrow On Oct 22,2019,at 11:34 AM, Edwin B Hubbard <hubbsbuflo@hotmail.com>wrote: Jack Will you be emailing the resignation letter or sending via USPS? Thanks. Get Outlook for iOS From:John May<jmay1544@yahoo.com> Sent:Tuesday, October 22,2019 11:05:17 AM 1 ,f,, Lake & Wetland MANAGEMENT HERITAGE BAY CDD LAKES INSPECTION REPORT October 28, 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 are my observations noted on Saturday, October 28th: Lake 1 - Minimal algae Lake 2 - Minimal algae, healthy littorals Lake 3 - Algae along littorals, spatterdock still noted Lake 4 - Minimal algae on south cove and along littorals. New littorals growing healthy. Washouts noted on north side of lake (failed geo-tube) c @ xl.�. r� iFii. iiirifi f,„ 4 " 411011110 w...` •.:.'.1Y te` .7 3~" .d 1 {° L1 r r ,,, w it JI 7 t' '' �' +' Lake 5 - Minimal pondweed/hydrilla along littorals. Lake looks great compared to last month A.*: Lake 6 - Minimal algae/pondweed along littorals Lake 7 - Minimal pondweed noted, healthy littorals '.r • h4A a . Lake 8 - Algae along littorals Lake 9 - Minimal algae along littorals Lake 10 - Minimal algae along littorals, washout noted. Grass clippings noted Lake 11 - No issues noted, healthy littorals Lake 12 - Algae along littorals Lake 13 - No issues noted, healthy littoral Lake 14 - Minimal pondweed/algae noted, healthy littorals Lake 15 - Minimal torpedo grass/algae along littorals Lake 16 - No issues noted Lake 17 - No issues noted Lake 18 - Minimal algae along littorals Lake 19 - Minimal pondweed/algae/torpedo grass, will treat next visit Lake 20 - Lake looks great, very little pondweed Lake 21 - Torpedo grass noted Lake 22 - No issues noted. Lake 23 - Healthy littorals. No issues noted. Lake 24 - Minimal algae along littorals, new littorals growing healthy 'i -. f :..' A tcp ;,•;,i.5. � • t ,f a M � � t . .4 h - ?T� t ,'..,....1..-, 4 xf. ra ! ,gy ti- 41 Lake 25 - Minimal algae noted, healthy littorals Lake 26 -Torpedo grass noted minimal algae Lake 27 - Minimal algae/pondweed along littorals Lake 28 - No issues noted Lake 29 - Recently treated, no issues noted Lake 30A - Pondweed is growing along rip rap and beyond, some torpedo grass. Will treat heavily next visit. �4 -k 3 J� Aks, erg r ,-. Lake 30B - New treatment area looks clear of pondweed, some pondweed noted under the bridge along the rip rap, will treat next visit Summary: The community looks great overall, algae is present but minimal. Last month we concentrated on getting rid of algae throughout the community and it looks like our treatments work. The littorals planted earlier this year are all growing fast and healthy. We are still fighting against pondweed on 30A, which will be treated heavily this week. /�] Lake Management-Wetland&Preserve Maintenance *Lake pp Y Y V e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators „f SERVICE &INSPECTION REPORT Customer: �r 4.`' 6:97 Account#: =-- f_. --- Date: --- /� '/ Tech nician: /7l[.L '-, /-'L"'1 _ --------.._ Territory- /1, Weather Conditions: SilyL 0LAKE NAGEMENT ALGAE CONTROLLake(s)#: . ) — -- ❑ ASSES&EMERGENTS Lake(s) #: > SUBMERSED AQUATICS Lake(s)#: ;`�f/ 7/ 304- Ve(OATING PLANTS Lake(s)#.NSPECTION Lake(s)#. _At L_G -)_-___ ❑ DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm ❑HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL ❑ BASE Water Clarity _ ❑GOOD ❑ FAIR 0 POOR Water level 0 HIGH 0 AVERAGE ❑ LOW 0 LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL O FLOATING PLANTS 0 MANUAL REMOVAL O INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#:,____ 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL OVINES [J INSPECTION ®MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:__-_ _ ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: /97/#5 / 7- '- %v,vot , r D/s2vfi C44911-41. FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass ()Bream 0 Catfish O Grass carp O Tilapia O Mosquitofish 0 Shad BIRDS: 0 Raptor ()Duck 0 Wood Stork 0 Shorebird 0 Wading bird ()Songbird 0 Vulture REPTILES: O Alligator ()Snake O Turtle O Tortoise O Lizard O AMPHIBIANS O INSECTS INVASIVE/EXOTIC PLANTS NOTED ()Brazilian pepper OMelaleuca OPennywort OBischofia OEarleaf Acacia ()Australian pine OShoebutton ()Sedge ()Climbing Fern ()Air potato OTorpedograss OAzolla OSalvinia ODownyrose myrtle°Java plum ()Floating Hearts Ol.antana OHydrilla OHygrophilia OWater Lettuce OWater hyacinth ()Cattail ()Primrose OAlligatorweed NATIVE PLANTS NOTED ()Cypress O Wax Myrtle OFL Pine ()Red Maple O Waterlily ()Mangrove ()Pond Apple ()Oak OCocoplum 0 Bulrush OBlue flag iris OStrangler fig ()Arrowhead OPickerelweed ()Thalia QPalrns ()Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns 0 Baby tears 0 Naiad 0 Chara 0 Duckweed 0 Bladderwort 0 Pondweed 0 Slender spikerush 0 Bacopa Other species noted/comments:____- www.lakeandwetland.com Rev 01/23/14 Farm fi3980 Lake Management-Wetland&Preserve Maintenance *La1Z e fit W e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control � Algae&Aquatic Weed Control -Native Planting 1� MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT Customer: 14C-Ocetae., I5CN ._ . _. _ Account#:— 152 5_ Date: }/a 7 /19 Technician: „,'Q17 .” nan_ __._ _ _.---._. Territory:_._insL G+ (cast Weather Conditions: SURD I (CAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: __.____--.__- __. ❑ GRASSES&EMERGENTS Lake(s) #: ---. —__... ____ ____ SUBMERSED AQUATICS Lake(s)#:__: .6 _._....... ___. ._..._. .---- ❑ FLOATING PLANTS Lake(s)#:-__..... ___ ____ __ _...__- ❑ INSPECTION Lake(s)#: — ___ ❑ DEBRIS Lake(s)#: —_ Water Test Results(Combined Average) Temperature °FF ❑HIGH ❑AVERAGE ❑ LOW Dissolved Oxygen ppm 0 HIGH ❑ AVERAGE ❑ LOW pH reading 0 ACID ❑ NEUTRAL CJ BASE Water Clarity _ 0 GOOD ❑ FAIR 0 POOR Water Level Li HIGH El AVERAGE El LOW Or SHELF SHELVES#: El SHORELINE GRASSES& EMERGENTS ❑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 ❑GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION ®MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: ______. ----- -- ------------- - _C_ it .0�'t.sti _YI�c�C�u(,L�-1 _ 1 �__ O pon L Xtd t_a013-------. _-_ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp O Tilapia OMosquitofish 0 Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard 0 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 °Azolla OSalvinia °Downy rose myrtle°Java plum °Floating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce °Water hyacinth°Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple °Waterlily °Mangrove °Pond Apple °Oak °Cocoplum 0 Bulrush OBlue flag iris ()Strangler fig 0 Arrowhead OPickerelweed °Thalia 0 Palms ()Golden Canna°Spikerush OButtonbush OEelgrass 0Cordgrass OrakahatcheegrassOSpatterdock °Ferns 0 Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed °Slendersp'kerush0Bacopa Other species noted/comments:__ www.lakeandwetland.com Rev 07/23/14 Form b3980 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: 611 /'3'' - _ Account# 1541V, Date: M °3_4 Technician: -- �,,r Territory: J v _... ._.. _ - - - Weather Conditions:._..__511.<1 ✓ LAKE ,MANAGEMENT ALGAE CONTROL Lake(s)#: D ASSES&EMERGENTS Lake(s)#: 5UBMERSEDAQUATICSLake(s)#:_ O'- f..,/ -- - --- ❑ FLOATING PLANTS Lake(s)#: __— ❑ INSPECTION Lake(s)#: Cl DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F COHIGH D AVERAGE D LOW Dissolved Oxygen ppm ❑HIGH 0 AVERAGE 0 LOW pH reading D ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level D HIGH 0 AVERAGE 0 LOW CI 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)#:-------.____.._._...._-_-.____._ 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL D VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT C"]INSPECTION Comments: ,49lZr /7 `✓if 2 0A1A4 4t 1. 14:=,1 F. �!�t wP FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBream 0 Catfish 0 Grass carp O 1 ilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: O Alligator OSnake Q Turtle ()Tortoise O Lizard °AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper QMelaleuca QPennywort OBischofia QEarleaf Acacia °Australian pine OShoebutton 0 Sedge °Climbing Fern ()Air potato QTorpedograss OAzolla QSalvinia °Downy rose myrtle°Java plum OFloating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce OWater hyacinth OCattail °Primrose OAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine ORed Maple 0 Waterlily °Mangrove OPond Apple O Oak OCocoplum O Bulrush OBlue flag iris OStrangler fig O Arrowhead OPickerelweed OThalia ()Palms °Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass QFakahatcheegrassOSpatterdock 0 Ferns OBabytears ONaiad OChara °Duckweed OBladderwort OPondweed OSlenderspikerushOBacopa Other species noted/comments: www.lakeandwetland.com Rev 07123/14 rem 0 398D �A� *LakeLake Management-Wetland&Preserve Maintenance & Y Y e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting k,.....:„.411211 ....„..) MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT _ fes?, S-2•, /4�� Customer; /71W-411/915e: _ Account#: ----f.__.__. Date: .. ___. Technician:..__._ 164, _ A'1._—._ Territory: "V' '6 Weather Conditions: SLAT__ 0 LAKi[E7IVANAGEMENT iolliGAE CONTROL Lake(s) #:___ ._. 29 ASSES&EMERGENTS Lake(s)#: .Zi._ 3a9 _._-.__ ._ BMERSED AQUATICS Lake(s)#:_ ?,L_ .�_ . 2 4 z` r_ OATING PLANTS Lake(s)#: !.z__ INSPECTION Lake(s)#:-_- /9'L 1...,_1:19,1i:Zi__ _-- ❑ 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 #: __ ------ ri SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL 0 INVASIVE/EXOTIC SPECIES 0 INSPECTION UPLAND/WETLAND PRESERVE PRESERVE(S)#: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES 0 INSPECTION MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: . .------_-_--_-._— -------_. L INSECTICIDE TREATMENT 0 INSPECTION Comments:—. •,74 A9"r -(-2 124714-1"14/‘(/-1;19-/ Q et/>g g '11-4411-c!vvri FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBrearn 0 Catfish 0 Grass carp 0Tilapla 0 Mosquitufish 0 Shad BIRDS: O Raptor °Duck O Wood Stork O Shorebird O Wading bird O Songbird °Vulture REPTILES: ()Alligator °Snake ()Turtle °Tortoise 0 Lizard ()AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED ()Brazilian pepperOMelaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton ()Sedge °Climbing Fern °Air potato OTorpedograss °AzoIIa OSalvinia O)ownyrose myrtle°Javaplum ()Floating Hearts °Lantana 0 Hydrilla OHygrophilla OWater Lettuce OWater hyacinth°Cattail °Primrose 0 Alligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine O Red Maple O Waterlily °Mangrove °Pond Apple O Oak OCocoplum 0 Bulrush °Blue flag iris °Strangler fig 0 Arrowhead OPickerelweed °Thalia 0 Palms °GoldenCannaOSpikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns 0 Baby tears 0 Naiad OChara °Duckweed 0 Bladderwort OPondweed 0Slender spikerushOBacopa Other species rooted/comments:._ `' /� y�oJrii wYYw.lakeandwetland.cRev 01123/14 Form 4398D pp Lake Management-Wetland&Preserve Maintenance La 1�a & V V e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting �� MANAGEMENT Water Testing&Analysis-Fountains&Aerators �`�w""r__' SERVICE& INSPECTION REPORT Customer: -_�e1/� at)-e... .jC'+t/ �0 all I � _ .J 7 Account �: Date:..... Technician: Gw Territory: i-CtkC.. Z0 _ Weather Conditions: �!VltN i3 c?,) DUQ('Cui:di-,_-- LAKE MANAGEMENT O ALGAE CONTROL Lake(s)#: _________ ❑ GRASSES&EMERGENTS Lake(s)#:__ _ SUBMERSED AQUATICS Lake(s)#: _©✓fit: GOe E c-_ ________ ❑ FLOATING PLANTS Lake(s)#:_-______,._,-__-___�.____._______ O INSPECTION Lake(s)#:_ ❑ DEBRIS Lake(s)#:_._,__________ Water Test Results(Combined Average) _ _ Temperature °F ❑HIGH ❑AVERAGE 0 LOW Dissolved Oxygen _______,___ppm 0 HIGH 0 AVERAGE 0 LOW pH reading _____` JACID 0 NEUTRAL C] BASE Water Clarity _ -_ ❑GOOD p FAIR LI POOR Water Level _�,_._., 0 HIGH 0 AVERAGE D LOW Q LITTORAL SHELF SHELVES#: -____.__- ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL o INVASIVE/EXOTIC SPECIES 0 INSPECTION Q UPLAND/WETLAND PRESERVE PRESERVE(S) #: 0 INVASIVE/EXOTIC SPECIES ❑HERBICIDCTREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL OVINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT 0 INSPECTION �T,uK C u.S?c4-0 comments: r kec-\&ci,k\csa_/ lN,.t'02. t- >,/\.(AvJeR cc-O w�... hi 7r�„K-e- 30 b . Ue<< r<.�� o 1�. V 0A T3G_A ee...� e<<. FISH&WILDLIFE OBSERVATIONS FISH: ,Bass OBream 0 Catfish O Grass carp O Tilapia O Mosquitofish 0 Shad BIRDS: 0 Raptor Ouck 0 Wood Stork 19.Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia QEarleaf Acacia °Australian pine OShoebutton °Sedge °Climbing Fern OAir potato OTorpedograss OAzoIla OSalvinia °Downy rose myrtle°Java plum 0 Floating Hearts °Lantana 0 Hydrilla OHygrophilia °Water Lettuce ()Water hyacinth()Cattail ()Primrose QAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine O Red Maple O Waterlily °Mangrove OPond Apple Q Oak OCocoplum O Bulrush °Blue flag:iris O Strangler fig O Arrowhead QPickerelweed °Thalia O Palms OGolden Canna()Spikerush OButtonbush 0 Eelgrass 0C_ordgrass OFakahatcheegrassOSpatterdock 0 Ferns °Baby tears 0 Naiad OChara ()Duckweed 0 Bladderwort Reondweed °Slender spikerushO Bacopa Other species noted/comments: www.lakeandwetland.com Rev 07/23/14 Form 4398D Lake Management-Wetland&Preserve Maintenance *Lake p /�V V a } l a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting \,w`°, te MANAGEMENT WaterTesting&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT r I Customer: ! en teiG ) � A, ___ ? Account #: Date: - � J� 1.C kTerritory: --_ Technician: C_ /G! -- -- - -- � Weather Conditions: f?U�,'_c��.S_t_1 _.0rid ()LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s) #: ❑ GRASSES&EMERGENTS Lake(s)#:.__ ,1` [ /- SUBMERSED AQUATICS Lake(s)#:- _-3L7 O FLOATING PLANTS Lake(s)#:. -- ____-- -----_--_ ._----__—_-. El INSPECTION Lake(s)# �_..— ---. ..._-_-_- ❑ DEBRIS Lake(s) #: ----_- _ Water Test Results (Combined Average) Temperature _ _.°F ElHIGH ❑AVERAGE ❑ LOW Dissolved Oxygen ___ ppm ❑HIGH 0 AVERAGE ❑ LOW pH reading ___ 0 ACID ❑ NEUTRAL 0 BASE Water Clarity _-- 0 GOOD 0 FAIR ❑ POOR Water Level 0 HIGH ❑ AVERAGE ❑ LOW O LITTORAL SHELF SHELVES#:---_ U SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL O INVASIVE/EXOTIC SPECIES 0 INSPECTION O UPLAND/WETLAND PRESERVE PRESERVE(S) #: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL 0 VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: __-_- ❑INSECTICIDE TREATMENT 0 INSPECTIONIIy Comments:._ ,h t' '`f c�i(9. 4-0 CLAk- 6,\_,,.(U CP_�Nlc�ci-P_ )O✓,Cl Cz.e.e.c) A. 1 0.t'(e_.- 3 0 B FISH&WILDLIFE OBSERVATIONS FISH: {8C-13ass OBream 0 Catfish O Grass carp O Tila pia O Mosquitofish 0 Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird Q Vulture REPTILES: O Alligator OSnake i (Tnftle O Tortoise 0 Lizard °AMPHIBIANS O INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pineOShoebutton °Sedge °Climbing Fern OAir potato QTorpedograss °AzoIIa OSalvinia °Downy rose myrtle Qiava plum 0 Floating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce QWaterhyacinth OCattail °Primrose 0Alligatorweed NATIVE PLANTS NOTED °Cypress °Wax Myrtle OFL Pine ORed Maple 0 Waterlily °Mangrove OPond Apple OOak OCocoplum 0 Bulrush °Blue flag iris 0 Strangler fig 0 Arrowhead OPickerelweed °Thalia OPalms °Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns 0 Baby tears 0 Naiad OChara 0 Duckweed 0Bladderwort )Pondweed 0Slender spikerush0Bacopa Other species noted/comments:--------—,_-^-- 1I__- Www.lakean wetl■and.com Rev 07/23/14 Form t3980 Lake Management-Wetland&Preserve Maintenance a is e & V V e t 1 a rl d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting l � MANAGEMENT Water Testing&Analysis-Fountains&Aerators �,,,�`~�s�,/� SERVICE & INSPECTION REPORT Account#: Date:.. lf _ /� Customer:.._. LGi.c;kye _----d�U,� .._-- _.._..-------. .._ ._...__ - _ _ 1�/.....c�_ .-1 Technician:__kalnT Territory:.. - Weather Conditions: Skilir /&!1lCl� °LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: .. ❑ GRASSES&EMERGENTS Lake(s)#:_--.2-0-A _. SUBMERSED AQUATICS Lake(s)#: 3 A .1. 30 8o FLOATING PLANTS Lake(s)# ❑ INSPECTION Lake(s)#: ❑ DEBRIS Lake(s)#:Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm 0 HIGH ❑AVERAGE 0 LOW pH reading - ❑ACID 0 NEUTRAL 0 BASE Water Clarity _. _. 0 GOOD ❑ FAIR 0 POOR Water Level 0 HIGH El AVERAGE 0 LOW 00 LITTORAL SHELF SHELVES#:._ ❑ SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL. ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION Q UPLAND/WETLAND PRESERVE PRESERVE(S)#:.._._..... ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL O VINES 0 INSPECTION ®MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:,_ ❑INSECTICIDE TREATMENT 0 INSPECTION pp Comments: 0ISl0 TiuXof -h2 ---CLAN-_0,0 _. ('e.I4A41/e._ FzI>4at.JeQ-0- I& U Yi e.5 30 G,Jt' 30 P.' _— _.._._ —.--- FISH&WILD I�FF,.OBSERVATION FISH: Mass r;: earn 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ►>•uck ' . Wood Stork Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake urtie 0 Tortoise glizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OPennywort OBischofia °Earleaf Acacia QAustralian pine°Shoebutton OSedge ()Climbing Fern °Air potato OTorpedograss QAzolla OSalvinia ()Downy rose myrtle°Java plum °Floating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce OWater hyacinth OCattail °Primrose 0Alligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine O Red Maple 0 Waterliiy °Mangrove °Pond Apple 0Oak OCocoplum 0 Bulrush °Blue flag iris 0 Strangler fig 0 Arrowhead OPickerelweed ()Thalia 0 Palms OGoldenCanna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns °Baby tears 0 Naiad OChara °Duckweed OBladderwort t53r.2ondweed °Slender spikerush 0 Bacopa Other species noted/comments: www.lakeandwetland.com Rol 07/23/14 Form R398D Heritage Bay Community Development District Inframark Management Services 5911 Country Lakes Drive • Fort Myers,Florida 33905 Telephone: (239)245-7118 • Fax: (239)245-7120 October 31, 2019 Quality Enterprises USA, Inc. Attn: Lou Gaudio 3494 Shearwater Street Naples, FL 34117-8414 Dear Mr. Gaudio, According to the requirements of the contract for the Lake 20 Project under section 4.3 the District herby accepts the work completed by Quality Enterprises for this project as of October 31, 2019. As required per section 4.4 of the contract the District hereby refuses to recommend final payment and requires the following items before payment can be issued: • Assignment by the Contractor of all manufacturers'warranties to the District with evidence of the same with the Contractor's submittal for final payment. (see section 1.11) • Complete and legally effective releases or waivers of all construction liens arising out of or filed in connection with the Work. (see section 4.3) • Waivers and releases covering in full all labor, materials and equipment for which a lien could be filed. (see section 4.3) • Separate Waiver of Right of Claim Against the Payment Bond in the form as provided in Section 255.05, Florida Statues from each subcontractor, lower tier subcontractor, laborer, supplier or other person or entity who has, or might have a claim against the Owner. (see section 4.3) • If applicable, consent(s) of surety to final payment. (see section 4.3) • A final affidavit of Contractor stating that all laborers, material men, suppliers and subcontractors who worked for Contractor under this Agreement have been paid in full or if the fact be otherwise, identifying the name of each lienor who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. (see section 4.3) Once we have the items listed above a requisition will be processed in the amount of $14,639.00 for final payment on this project. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, (7/1:zi-le' l Justin Faircloth District Manager HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT Motion to Assign Fund Balance as of 9/30/19 The Board hereby assigns the FY 2019 Reserves as follows: Operating Reserves $ 95,050 Reserves—Lake Erosion Control $ 14,687 Reserves—Lakes $125,000 Reserves— Stormwater System $ 3,310 Reserves—Loan 4,750 BUDGET AMENDMENT RESOLUTION 2020-01 A BUDGET AMENDMENT AMENDING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT GENERAL FUND BUDGET FOR FISCAL YEAR 2019 WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board", of Heritage Bay Community Development District, hereinafter referred to as "District", adopted a General Fund Budget for Fiscal Year 2019, and WHEREAS, the Board desires to reallocate funds budgeted to re- appropriate Revenues and Expenses approved during the Fiscal Year. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT THE FOLLOWING: 1. The General Fund is hereby amended in accordance with Exhibit"A" attached. 2. This resolution shall become effective this ) day of !V��v �y -�'2019 and be reflected in the monthly and Fiscal Year End 9/30/2019 Financial Statements and Audit Report of the District. Heritage Bay Community Development District By: Edwin Hubbard, Chairman Attest: By: tin Faircloth, Secretary HERITAGE BAY Community Development District General Fund • Proposed Budget Amendment • For the Period Ending September 30,2019 CURRENT PROPOSED FINAL YEAR TO DATE VARIANCE(1) ACCOUNT OEEOMPTION 900091 AMENDMENT 940003 ACTUAL FAV(NNFAV) REVENUES Interest•Investments5 COO S - $ 400 3 7.369 $ 6,969 (0,rrrlcane Irma FEMA Refund - - - 44.179 44.179 Interest-Tax 001801or - - - 1.087 1,087 502c141 Aasmnls-Tax ColectOr 355.190 - 355,190 355190 - SpeclahAsseads—Lakes 300&308 82,92d - 60,923 60.923 - SpeclalAsamnls-Reserves 31,250 - 31250 31,250 - Special Assmnts•DlacoJMa (17.8951 - (11,895) (16,3331 1,582 Other Miscellaneous Revenues - - 36,000 36.800 [TOTAL REVENUES 429,880 - 420,808 620.496 00,8971 EXPENDITURES MmkI)alretb0 PIR-Boar)of Supervisors 12,000 - 12,000 6.000 4.000 FICA Taxes 910 - 040 612 306 ProfSe'a-Dissemination Agent 1,500 - 150n 1.550 ProlServ-Engineering 14.000 - 14000 20.306 (14.306) ProfSery-Legal Services 10,000 - 10,000 22.759 (12 759) ProfSery-Mgmt Consulting Sere 44,972 - 44972 44,972 - PraServ-?roperly Apprala er 6.710 - 9.718 8.710 - ProlSsrv-Special Assessment 6,200 - 6,200 6,200 - ProSory-Web Site Maintenance 1200 - 1,000 1,000 - Au6lingServices 3,914 - 3,914 5.000 (1.886) Postage and Freight 2.500 - 2.500 739 1,761 Insurance-General Llabilty 15.389 - 15,389 7,750 7,639 Printing end Binding 1235 - 1,339 1,911 (572) Legal Advertising 3,700 - 3.700 1,806 1Add Mlsc-Renk Changes 100100 I 99 Misc-Aasesamnl Collection Cost 8.948 - 13,948 8.622 326 Misc-Web Hosting 900 - 900 1,612 (712) Office Supplies 100 100 - 100 Annual District Filing Fee 175 - 175 175 Total Administration 134,365134.365 148.475 (14.110) Beld PrAISery-Field Management 12,688 - 12688 25,688 18.030) R&M-Contingency INA - 198 - 198 Total Flekl 12.886 - 12,886 20.688 (7,802) Ulnas and Fonda Contracts-Lake and Wetland 11.200 - 71 200 67,200 4,000 Contracts-Wafer Anatsis 9.861 - 9.061 5.600 4.281 Contracts-Water Duakty 27.700 - 27,700 27.700 Contracts.Lakes 30A&3013 12.000 - 12,000 160115 (8,000) Contract-Sediment Testing 6675 - 6,515 6.615 R&M-AguaSeapirg 8.500 - 8,550 2,559 5.941 R&MSlomwaler System 4,000 - 4,000 4,000 R&M-Lake Erosion 84,713 - 84.713 58,400 26,313 R&M-Contingency 8,263 25.500 28.263 5.250 23,013 Imp-I eke Bank Restoration - - - 39.050 130050) Reserve-Lakes 31.250 - 31,250 - 31.250 Reserve-S1ormNater system 18.455 - 18455 33.600 115,1451 Total Lakes and Ponds 262,617 20.000 302617 268.034 34,583 (TOTAL EXPEN3nURES 420,808 20x000 448,688 437,197 12,8711 Excess(delete nay)of revenues Over(under)expenditures - (20.000) (20500) 91.294 103,268 Net change In land Oalance - (20,000) (20,000) 93258 103,258 FUND BALANCE,BEGINNING(OCT 1.2018) 410,880 - 419,090 419,980 • FUND BALANCE,ENDING 0 419,680 $ (20,0001 9 399,880 5 503,148 8 103,298 Report Date:1D/10/2019 HERITAGE BAY Community Development District Financial Report September 30, 2019 (Unaudited) No Meeting Financials Prepared by _;°, INFRAMARK 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 Non-Ad Valorem Special Assessments 6 Cash and Investment Report 7 Construction Report Schedule 8 Requisitions List 9-11 Bank Reconciliation 12 Check Register 13 HERITAGE BAY Community Development District Financial Statements (Unaudited) September 30, 2019 HERITAGE BAY Community Development District Governmental Funds Balance Sheet September 30, 2019 SERIES 2018 SERIES 2018 DEBT CONSTRUCTION GENERAL SERVICE &ACQUISITION ACCOUNT DESCRIPTION FUND FUND FUND TOTAL ASSETS Cash-Checking Account $ 163,682 $ - $ - $ 163,682 Investments: Money Market Account 349,234 - - 349,234 Construction Fund - - 163,367 163,367 Interest Fund(A-2) - 13,724 - 13,724 Prepayment Account - 4,598 - 4,598 Reserve Fund - 390,542 - 390,542 Revenue Fund - 438,796 - 438,796 TOTAL ASSETS $ 512,916 $ 847,660 $ 163,367 $ 1,523,943 LIABILITIES Accounts Payable $ 7,268 $ - $ - $ 7,268 Accrued Expenses 2,500 - - 2,500 TOTAL LIABILITIES 9,768 - - 9,768 FUND BALANCES Restricted for: Debt Service - 847,660 - 847,660 Capital Projects - 163,367 163,367 Assigned to: Operating Reserves 95,050 - - 95,050 Reserves-Erosion Control 14,687 - - 14,687 Reserves-Lakes 125,000 - - 125,000 Reserves-Loan 4,750 - - 4,750 Reserves-Stormwater System 3,310 - - 3,310 Unassigned: 260,351 - - 260,351 TOTAL FUND BALANCES $ 503,148 $ 847,660 $ 163,367 $ 1,514,175 TOTAL LIABILITIES&FUND BALANCES $ 512,916 $ 847,660 $ 163,367 $ 1,523,943 Page 1 HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending September 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 400 $ 400 $ 7,369 S 6,969 Hurricane Irma FEMA Refund - - 44,179 44,179 Interest-Tax Collector - - 1,087 1,087 Special Assmnts-Tax Collector 355,190 355,190 355,190 - Specials Assmnts-Lakes 30A&30B 60,923 60,923 60,923 - SpecialAssmnts-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 429,868 429,868 520,465 90,597 EXPENDITURES Administration P/R-Board of Supervisors 12,000 12,000 8,000 4,000 FICA Taxes 918 918 612 306 ProfServ-Dissemination Agent 1,500 1,500 1,500 - ProfServ-Engineering 14,000 14,000 28,306 (14,306) ProfServ-Legal Services 10,000 10,000 22,759 (12,759) ProfServ-Mgmt Consulting Sery 44,972 44,972 44,972 ProfServ-Property Appraiser 6,710 6,710 6,710 - ProfServ-Special Assessment 6,200 6,200 6,200 - ProfServ-Web Site Maintenance 1,000 1,000 1,000 - Auditing Services 3,914 3,914 5,800 (1,886) Postage and Freight 2,500 2,500 739 1,761 Insurance-General Liability 15,389 15,389 7,750 7,639 Printing and Binding 1,339 1,339 1,911 (572) Legal Advertising 3,700 3,700 1,806 1,894 Misc-Bank Charges 100 100 1 99 Misc-Assessmnt Collection Cost 8,948 8,948 8,622 326 Misc-Web Hosting 900 900 1,612 (712) Office Supplies 100 100 - 100 Annual District Filing Fee 175 175 175 - Total Administration 134,365 134,365 148,475 (14,110) Page 2 HERITAGE BAY Community Development District General Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending September 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfSery-Field Management 12,688 12,688 20,688 (8,000) R&M-Contingency 198 198 - 198 Total Field 12,886 12,886 20,688 (7,802) Lakes and Ponds Contracts-Lake and Wetland 71,200 71,200 67,200 4,000 Contracts-Water Analysis 9,861 9,861 5,600 4,261 Contracts-Water Quality 27,700 27,700 27,700 - Contracts-Lakes 30A&30B 12,000 12,000 18,000 (6,000) Contract-Sediment Testing 6,675 6,675 6,675 - R&M-Aquascaping 8,500 8,500 2,559 5,941 R&M-Storrnwater System 4,000 4,000 4,000 - R&M-Lake Erosion 84,713 84,713 58,400 26,313 R&M-Contingency 8,263 8,263 5,250 3,013 Impr-Lake Bank Restoration - - 39,050 (39,050) Reserve-Lakes 31,250 31,250 - 31,250 Reserve-Stormwater System 18,455 18,455 33,600 (15,145) Total Lakes and Ponds 282,617 282,617 268,034 14,583 TOTAL EXPENDITURES 429,868 429,868 437,197 (7,329) Excess(deficiency)of revenues Over(under)expenditures - - 83,268 83,268 Net change in fund balance $ - $ - $ 83,268 $ 83,268 FUND BALANCE,BEGINNING(OCT 1,2018) 419,880 419,880 419,880 FUND BALANCE,ENDING $ 419,880 $ 419,880 $ 503,148 Page 3 HERITAGE BAY Community Development District Series 2018 Debt Service Fund Statement of Revenues,Expenditures and Changes in Fund Balances For the Period Ending September 30, 2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ - $ - $ 17,479 $ 17,479 Special Assmnts-Tax Collector 1,689,155 1,689,155 1,689,155 - Special Assmnts-Discounts (67,566) (67,566) (61,668) 5,898 TOTAL REVENUES 1,621,589 1,621,589 1,644,966 23,377 EXPENDITURES Administration ProfServ-Arbitrage Rebate 600 600 600 - ProfServ-Property Appraiser 25,337 25,337 19,629 5,708 ProfServ-Trustee Fees 5,157 5,157 7,655 (2,498) Misc-Assessmnt Collection Cost 33,783 33,783 32,549 1,234 Total Administration 64,877 64,877 60,433 4,444 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 1,652,738 (556) Excess(deficiency)of revenues Over(under)expenditures (30,593) (30,593) (7,772) 22,821 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) $ (7,772) $ 22,821 FUND BALANCE,BEGINNING(OCT 1,2018) 855,432 855,432 855,432 FUND BALANCE,ENDING $ 824,839 $ 824,839 $ 847,660 Page 4 HERITAGE BAY Community Development District Series 2018 Construction and Acquisition Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30,2019 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ - $ - $ 14,474 $ 14,474 TOTAL REVENUES - - 14,474 14,474 Construction in Progress - - 563,974 (563,974) Total Construction In Progress - - 563,974 (563,974) TOTAL EXPENDITURES - - 563,974 (563,974) Excess(deficiency)of revenues Over(under)expenditures - - (549,500) (549,500) Net change in fund balance $ - $ - $ (549,500) $ (549,500) FUND BALANCE,BEGINNING(OCT 1,2018) - - 712,867 FUND BALANCE,ENDING $ - $ - $ 163,367 Page 5 HERITAGE BAY Community Development District Supporting Schedules September 30, 2019 14 14. a) Q a U) 0 CO 0 U) U) U) U) N co r (0 O in o O U) 0) U) C) M U) U) 0) 0) 0) M N (0 V In 0 r N CO V CO (0 V V N N N CO r 0 CA 0)N M UCON M U O ) ) r (D O1 w U 'O CO CO0) O N N M M M CO -CIaI O LL (0 tO V N Co (Q 64 69 69 69 69 69 69 EA 69 64 09 EA EA 64 O O o U) N O M N- U) N_ V V co M N O o 0 Z d H to r co N C V O M N co co Or N r N O N (P N La, O E M N O N U) N M r >- (0 4) CO Ce Q 0 to co co (A EA 69 Ef) EA EA 49 64 49 EA 04 ~ M o O N N N 0) C') CO N N CO (0 o) M o 0 VCO N M N N CO M U) M CO U) 0 V N N O 0 y O) CO V M V CO U) M C') N N N O) O C O el Y U) N V O V r r r o r C.)) JQ CO Q N O O EA K) 69 69 69 69 69 U) (/) U) U) V) CO N K O o O (C) U) M O r R V V a) to (0 0 o O CO p) C7) N M U) N V CO M 0) (0 CO O 0 CO 01 O I- r rO) N U) r V V O o0 O N N M a- O O TO 6.. 18 U) r M N V N O CO- N N r '- to Z N a) C U) M f 00 U) N N C C 7 C') M 0 N M ) LL OC 1_ U 6i — d 69 69 69 69 (0 EA 09 EH (f) Cr) 64 (» 69 64 O N CO o co 0) 03 M N U) U) N V co N 0 a0 o O O 0) O M M (1) O 00 N N (M O M O U N d (n 0 O U) M r N Cr) (O V (O N CO O N O co Q Cn . C C) CO) r O V co- Nr U) V V V N r c C) t. C N 7 > N N U) M r O C O O a) N N V E V C Q CC N - W d 0 ,) d 64 64 69 64 69 64 64 64 (fl 69 ER 69 49 IA Q A} O) V N CO M 0) (.0 V M CO M U) r wCO 0 co V co U) V U) � M co N (J O) M co N (0 O 0) O) OD r N M cr O M a2 it O O En -- cu oU y 0 49 69 col) 64 EA (i) 00 69 69 EA 69 64 IA G LLTO V N M U) O N N U) (D 00 r N CO 0) N U) U) 00 N ' r V N 0 a C ON) C CD N O r V v 00 ' 3 7 O m 0 Z (0 4) Q d oa 69 69 to (A f!) 49 EA CO (4 64 49 49 64 0) 40 O N CO CO V O V N U) ti O N N- N CO () M N U) r O d' O V D) r to M CO N CO N (O r M 'E' 'C7 00)) .- O N- N U) V V V N r W N C ; r N -Cr C) A- 0 O N 0 ,15 < 0 z m 4 ) - O Q N z a) z ) 0 H C N O (A 69 cA 69 EA 69 04 EA EA 69 04 64 W F a) E o U 7 Q) E a) c co co co co co ch 0) CO CD rn O) O) _1 W O o CI d > E o sz r . . 7. . . 7, r r r r Q N O (� CO O (O M CO CO V N 00 J 7i. O e0 a) (� co O O M N 0 N O N N Q ,- < > O co O r r r r N N V V U) (0 CO 0 0 0 O Wa) re Q —Q 0 0 0 0 0 0 0 _ o a) .� 0 C O O F E cr W o I 0 HERITAGE BAY Community Development District Cash and Investment Balances September 30, 2019 ACCOUNT NAME BANK NAME MATURITY YIELD BALANCE GENERAL FUND Operating Checking Valley National Bank N/A 0.00% S 163,682 Money Market Account BankUnited N/A 1.50% 349,234 Subtotal General Fund 512,916 DEBT SERVICE FUND Series 2018 Constr and Acq Fund US Bank N/A 0.00% 163,367 Series 2018A2 Interest Fund US Bank N/A 0.00% 13,724 Series 2018 PrePayment Fund US Bank N/A 0.00% 4,598 Series 2018 Reserve Fund US Bank N/A 0.00% 390,542 Series 2018 Revenue Fund US Bank N/A 0.00% 438,796 Subtotal Debt Service 1,011,027 (1) Total $ 1,523,943 Note(1) Invested in First American Obligation Fund Report Date: 10/10/2019 Page 7 HERITAGE BAY Community Development District Series 2018 Construction Report Construction Report September 30,2019 Deposit to 2018 Acquisition and Construction Account(Amount from 4/18/18) $ 3,461,202 Requisitons (Please see Requisition List) Requisitions Total 3,328,296 Less Requisitions paid in FY17 28,232 Total Requisitions for FY18 2,669,228 Total Requisitions for FY19 630,835 Sub Total $ 132,906 Interest and transfers in Construction and Acquisition Account 30,461 Balance in Construction 8 Acq Account as of August 31,2019 $ 163,367 Report Date: 10/9/2019 Page 8 a w en 0 w Y • N V = w Cs" _ co co co co a) a) O CO 00 c0 Co c0 (0 CO CO 00 00 3) 00 CO CO m CO CO CO CO CO CO CO co 0 o 0 55555555555555555555 0 0 0 0 0 0 0 0 LL. 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N O O C (O cotD to CO CO cocD (D Ir I� N Ir t- t- N N -1 00 00 00 CO 00 00 CO CO CO CO Q) N P7 0 r LL t0 W O W (L to en 2 U Ce Heritage Bay CDD Bank Reconciliation Bank Account No. 9727 Valley National Bank-GF Statement No. 09-19 Statement Date 9/30/2019 G/L Balance(LCY) 163,681.53 Statement Balance 165 516.52 GIL Balance 163,681.53 Outstanding Deposits 0.0C Positive Adjustments 0.00 -- --- Subtotal 165.516.52 Subtotal 163,681 53 Outstanding Checks 1,834.99 Negative Adjustments 0.00 Differences 0.00 Ending GIL Balance 163,681 53 Ending Balance 163..681.53 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 9/10/2019 Payment 3535 DENNIS P.GAGNE 184.70 0 CO 184 70 9/26/2019 Payment 3543 COLEMAN.YOVANOVICH 8,KOESTER,P.A. 1,186.25 0 00 1,186.25 9/26/2019 Payment 3544 COLEMAN,YOVANOVICH&KOESTER,P.A. 450.00 0 00 450.00 9/26/2019 Payment 3545 FEDEX 14.04 0 00 14.04 Total Outstanding Checks 1,834.99 1,834.99 Page 12 O N v- 0 0 0 00L00 , 0 0 0 0 0 N N- N 0 I- n 0 O N N O N 0 O h n N r h O O M N 0 O 1- O O V 4 V a 4 C O M N O O Q N W N W W CO N U) 00 co V C O O 0 40 O V c- N - V 0'' N V 0 10 O G9 N N eft fn (0 V) en 0 0 i to E a N to to b4 6 en m 0) CO a a a E 'iii o ,- _ _ •-- 1-. a o O O O O �- — O O O O Y o a CO 00 0, O0 CD CO V -t M O Q N N N N N 0 N N N N171 0 J o c') (D (D (O to N co M ((pp 1- O 1- 0 0 (V O N <D 0 0 0 N N 0 O 00001- 000000, 0 0 0 O CO V 0 CO 0 P O M M C O M 0 0 L- N N N N N N N N N N U .- LL I- a o m 0 ' N ryNry U Q0 O) � ❑ QC M 2, 2 0 0) 0) 0 J m 0 0) 0 (0 a O. 0 (n V) 'Zi," LL 0U LL y V) To a3 LL L U 8 0 0 C a N 0 0 U LL J 0 J J W N > J J N O > 0 a 0 2 Q Q Q 0 0 O `O N �O N2 2 ' a as Ta 512 O O O N 0 a a o os as _, a` o. a° o z Z a rI.,r m V J z 4+ a) 0 0 0 CO ca N a Q N 01 m o m 0) Z c, m Yn v) to �n in to 0 '2 a O w w Q 7 a a a a a z ).' _ = oZ J ' 00a ZM9 e2e2e s 4CI wen = 0) > Z Z J w2 o >. >. >. >. n m E a Q E O O °' a ¢ C) 0 U m .O.' a a a d W >, Z Z O0 0 01 0 O) to W 0 0 N Y a Q w m z Z z Qz Z ul O O O O O CO 0 N ? 4 ( 5SQ OF CO o 0 0 L. ccw a a U m Cg Q CC p IL 0c w a) a C LLcnwYY < < < Oa D a 0 o ECEEE W E Q a) W C) cc O O Q 5 a.a n 6.a, Wy n a a ca LL M s 0 X LL, co m O) J J J J a' co Oi to (n In In 1- 3 C O O) E .. o Z N O M O E N Na O JJJ J J O m rn N 0 g V C m N ^ N C a' >- a' a' m O ;In C0 o 0 0 co o co 0 m a s as a as C0 Q < Q a n: n: ct 0 0 0 0 c W z ZZZZ w w V- I- r F: co co w z z z z Lulu 0 2 c 2 2 O O m ,a w w w w ,a ,a >. 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'O m N N •0 .0 L -0 N to co d i d ` 2 a0. 2 r d 2 ❑ d t) Cl) co- -N N d CO C) I-Q Q- O o O a a a Q O O ai o n a a` 0 0 0 o a a H ' r•-. LI) Ln O Ln in o 0 0 N- CO O LU 07 (t) (N N O O C] cn O 00 (i O 0 (Ni CO Ln OLn U C) N O O GO O N I`- M (7) t9 J 0) (n N- CO Ln N N- Ln r-- co Q N N- N V U) C) r- Lt) N LO in Ln N Ln N N (') 0 00 F-- CO — M (C o co- Q 13CI ❑ as W 0 - (0 CO O) C--- ,-- 0 O O O O O O O O v� dCV 0 N N N N 0 N N N ® Q Ln N N ,, c-) co N r N N ^ U) FW- o r N i m CU Q rV -J U cu 2 •p fl CO a C) o Q o rt o a OC o o co N m 03 L CI cs. n m to w r- m it M ui w o WCC 0 Q 0 co N e Q O o O O. 0.' M V C C Co C a O ` i O d N 2 CO c -c t m O O O 2 0 0 7o N Q) 06 I-u a x NI c) V) CO co E .64 w o tc N m c c c a M Q to t0 R 'i o_ c) R L Y Nd N Q a QR a a O 2 a o a O a O W w w H I 0 z 0 0 0 0 u. G o 1- H N FRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 10/17/19 — Field Management Report www.inframarkims.com Inspected on:10/17/19 by:Tim Hall 1. Lake Management The water levels are still dropping throughout the development due to the drier conditions this month. No flow issues with the storm water system were noted.All but one of the lake interconnects have stopped flowing though flow is still exiting the project site into the Cocohatchee Canal. Submerged vegetation is much more visible due to the dropping water levels. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. a. Algae on Lakes: Algae was noted on Lakes 1,3,4,5,6,8,9, 10, 11, 12, 19,27,and 29. It was caught up in the littoral rings around most of the lakes but was still free floating in Lakes 4 and 27. • ` ' A_:`:04.; •r `a.# '1J�.#r.. a yz � r rt ` t ra i %aid '�.Me 7, 11"s. let 1St Lake 4 Lake 27 b. Littorals: i. Alligator Flag in Lakes: No issues noted. ii. Phragmites in Littorals of Lake 30B: Grass to east of weir structure has been sprayed while to the west is spreading. Follow up treatment needed to prevent torpedo grass. iii. 1 orpedo Grass in Littorals of Lake 30B Near Outfall: Inframark Monthly Management Report 1 rw " '? .- �t P $rs ? , R��' mat ';'-t..7;:',: ',..,!' C. Rocks: weeds in rocks along south side of Lake 30A. -rte' 't iiiiiik �4.t. d. Weeds: i. Alligator Weed in Lakes: No new issues observed. ti. Brazilian Pepper: No new issues observed. iii. Cattails in Lakes: No new issues observed iv. Climbing Hemp Vine in Lakes: No issues observed. v. Dollar Weed in Lakes: No issues observed. vi. Hydrilla in Lakes: Hydrilla noted in Lakes 6,28,and 29. . • .rye `'', AA y y x ;".r Lake 28 Lake 29 Inframark Monthly Management Report 2 vii. Illinois Pond Weed in Lakes: Moderate amount of Illinois Pond Weed noted in more than half of the lakes. Observed emergent or almost emergent in Lakes 4,5,6, 10, 11, 12, 14, 15, 16, 19, 20,24, 25,26,30Aand 30B. F I. xx i °�^.k &-i-4 to i *,niiyy YY • r 3 3 k Lake 5 Lake 11 viii. Palms on Lake Banks: Palm observed along Lake 11 west bank re-sprouting from cut trunk. ta.' ss. ft .,,.k; - ti;",,,,,, .: it "1 � Y TY' _ t s0• fi : '";,;_tri-;',.,-... .,$4'.,___::-'‘.,,,-•,. ',:* ,J'. `, ,t% '; .ems ,R< • Lake 11 ix. Red Ludwigia in Lakes: Noted in Lakes 1,2,3, 6,7,8, 10, 12, 14,,,_16,and 18 �� r.`- >fi z ¢ • _ °1 d ' Lake 6 Lake 2 x. Sedges in Lakes: No issues observed. Inframark Monthly Management Report 3 X1. Spatterdock/Lily Pads in Lakes: Noted in Lakes 1, 2,3,and 12. :0,�'G Vliui 1114 i x - ., -pW a+r. .t s x LakeLake 3 1 xii. Torpedo Grass in Lakes: In small amounts around lakes 4,5,7,8, 11, 15, 19, 20,22,and 24. u �' a;� : „yam r{1 i ,. � X n i � d � i r�; �� • \ :1 n ,,:'ti.,: ,fix' �� ;‘,1.:41,. ` t k1l`9 I i .:.. 'I 1 � . , x .. Lake 19 Lake 8 xiii. Various Submerged weeds in Lakes: Bladderwort noted in Lakes 2,3,and 10 • Lake 2 e. Trash in Lakes: No issues noted Inframark Monthly Management Report 4 f. Bulkheads: No issues noted g. Clippings in Lakes: No issues noted 2. Lake Bank Erosion a. Lake 9: Minor erosion by rock next to residences. May be exacerbated by broken sprinkler. ,µ ,y �4 i x2 _ if , `. .a9:7� 9 I' • }� r(. '.:. er,gg� - '"t'" t` 'a ,'-'11#00.- •4^' s : �F b. Lake 14:Work underway on rock spillway near Tees on Lake 14. ,1,-.-- _ - • ,... -_-' ‘.4.'''141itill 4i-' ' c. Lake 30A: Work underway to raise elevation of rock along east bank. I r _ .i will .xr ,t.� ' i t' ,, ,,,,,,_. _.., ,. ,,. .„, , r,„,,,,,,,„, ...,.::, ,,,..„,„:„,,..,,,„..„„:„....„ -,, , ,r,„, .a ' `> .• 5 Inframark Monthly Management Report 3. Storm Drainage System a. Control Structures: I. Basin 1: Control Structure L3/L10 had very minor flow. 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 but water level was equalized over the top of the weir structure.Control Structure L29/L30 was not flowing. v. Basin 6: Control Structure L27/L30 was not flowing.Control Structure L30/C0003 was barely flowing. Control Structure L30/C00O2 was flowing. 007* rRr"Rr,A} ' --. 4 b. Drains: No issues noted. All drains seem to be open and working well. c. Roadway Catch Basins: No issues observed. d. Catch Basins:Grate on Catch Basin next to Driving Range still not seated properly. Pk ti e. Inter-Connect/Drain Pipes: No issues observed f. Illicit Discharges: No issues observed. g. Lake Drainage Pipes: No new issues observed Inframark Monthly Management Report 6 4. Fish/Wildlife Observations: ® Bass ® Bream I j Catfish >< Gambusia Egrets n Herons n Coots Gallinules ❑Anhinga ❑Cormorant n Osprey Li Ibis Wood stork III Otter Z Alligators Snakes Turtles ❑ Other: 5, Residential Complaints/Concerns: None reported. 6. Non-CDU Issues: Broken sprinkler next to pathway on way to hole#1. Metal bridge over road gutter appears blocked. x „ s 7 Inframark Monthly Management Report Heritage Bay Community Development District Inframark Management Services 5911 Country Lakes Drive• Fort Myers,Florida 33905 Telephone:(239)245-7118 • Fax:(239)245-7120 Memorandum of Understanding This Memorandum of Understanding is entered into by Heritage Bay Community Development District(the"COD")and Heritage Bay Golf and Country Club,Inc.(the"Club")and its purpose is to memorialize the understanding of the parties with respect to the subject matter set forth herein. On Tuesday October 1,2019,representatives of each party(Robert Staehle,General Manager of the Club and Kevin Schaal, Golf Course Superintendent of the Club and Ed Hubbard,Chairman of the CDD)met at the east end of Heritage Lake for the purpose of discussing additional lake bank stabilization work required to fulfill the existing contract with Quality Enterprises,Inc.("QE"). At this meeting,Mr.Hubbard explained that QE had made a determination that QE should only install the required rubble rip rap stone at elevations comparable to the actual road elevation(Smokehouse Bay Drive)with the lowest elevation being at 12.5'. QE did this because of their concern that piling the stone too high could cause an aesthetic issue for homeowners as well as concern forfour Royal Palm trees which,due to an originaldeveloperdecision,we re planted about 6'from the current top of bank(12.5')and likely as close as 2'if the stone were Installed at the 14'elevation. Mr.Hubb and pointed out that the position of the CDD is most importantly to meet the requirements of the existing contract while protecting the actual area between the top of bank and the existing sidewalk,roadwayand any utilities that may be buried in this area. During this meeting,the Club representatives expressed support for the installation of the rubble rip rap at the 14' elevation to better protect the roadway and sidewalks from storm surges and also supported the eventual grading of top soil and new grass to slope from the new top of bank toward the sidewalk. The Club and the the District have agreed to proceed accordingly. Additionally,it is the agreement of the parties that the the COD use best efforts to grade around the four palm trees. However,if the palm trees eventually die due to this work, the Club agrees to be responsible,at the Club's cost,for their removal and the re-plantingof any applicable replacement trees. For reference,attached is an engineering drawing provided by CPH Engineering which depicts the actual location of the four Royal Palm trees and their location in relation to the top of bank at 14'. The parties have signed this Memorandum as of October 23 ,2019. Heritage Bay Community Development District Heritage Bay Golf and Country Club,Inc. By: Edwin B Hubbard,Chairman Robert S.Staehle,General Manager r114011004p. , E F iti 11 , iiiguida ' ' r ,.s'"cage —�.e`� -lc�n +�enm� '� � �„ -...� � _ 4 w`.�:.-mak —' "�r,_.�. � �—�- L �. b ,.. .. , *-_ -4 4,....4r.,,,7,.ii.,"-.41.01,,`",,,i `fie �'�A` .,r`' t— r_ g ��` .c ' c 4 s dh °& r,4,c4: , i illir 46 ' r.;illi '...±- _ last CI 3� m.., A 3 m D i ! 1,5 3 i it r. O • Q� 1 i i SL,t i' 1 , r4 IN:II 11 i 4 0 /Mt Ne g 0— 1.,_____...,- 11 ii ic14 8 116 i �� aI INA ii AGREEMENT BETWEEN THE HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT AND INNERSYNC STUDIO,LTD.,D/B/A CAMPUS SUITE,FOR WEBSITE AUDITING,REMEDIATION,AND MAINTENANCE SERVICES THIS AGREEMENT ("Agreement") is entered into as of this 1st day of November, 2019 (the"Effective Date")by and between: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT,a local unit of special- purpose government, established and existing pursuant to Chapter 190, Florida Statutes, with a mailing address of c/o Inframark Infrastructure Management Services,5911 Country Lakes Drive,Fort Myers,FL 33905 (the "District"),and INNF,RSYNC STUDIO, LTD., d/b/a CAMPUS SUITE, an Ohio limited liability company, authorized to do business in Florida, with a mailing address of 752 Dunwoodie Drive, Cincinnati,Ohio 45230("Contractor"). RECITALS WHEREAS,the District is a local unit of special-purpose government,created and existing pursuant to Chapter 190, Florida Statutes;and WHEREAS, pursuant to section 189.069, Florida Statutes, the District must maintain an official website containing,at minimum,the statutorily required information("Website"); and WHEREAS, the District has a need to obtain a qualified independent contractor to perform audits of the Website to ensure compliance with the accessibility requirements of Title II of the Americans with Disabilities Act ("ADA"), which ADA accessibility requirements and standards may change from time to time, and to remediate or otherwise convert the Website to meet such ADA accessibility requirements, to routinely audit the Website to ensure continued compliance with the ADA and to perform ongoing maintenance of the Website, all as more particularly described herein and in the proposal attached hereto as Exhibit A and made a part herein(together, the"Services"); and WHEREAS, Contractor represents and warrants to the District that it is qualified, willing and capable of providing the Services; and WHEREAS,the District and Contractor desire to enter into this Agreement for the purposes stated herein and the District and Contractor warrant and agree that they have all right,power and authority to enter into and be bound by this Agreement. Now, THEREFORE, in consideration of the recitals, agreements and mutual covenants contained herein,and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by the parties,the parties agree as follows: SECTION 1. RECITALS. The recitals stated above are true and correct and by this reference are incorporated herein and form a material part of this Agreement. SECTION 2. SCOPE OF WORK. Contractor shall provide Services in accordance with the terms provided in this Agreement and in Exhibit A,which Services include: A. INITIAL WEBSITE REMEDIATION. Upon execution of the Agreement by the Parties,Contractor shall migrate the District's existing Website or otherwise create a new Website in order to produce a functional, responsive, working Website compliant with federally recommended ADA best practices for state and local governments as promulgated by federal law and rulemaking,including but not limited to Web Content Accessibility Guidelines 2.1 Level AA, as the same may be amended and updated from time to time(as amended and updated from time to time,"WCAG"). Specifically,Contractor shall,at a minimum: i. provide an ADA compliant Website that meets,at minimum,the currently- effective WCAG standards; ii. convert up to one thousand five hundred (1500) pages of PDF documents identified by the District to accessible formats for assistive technologies. If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF; iii. provide a website accessibility policy that includes a commitment to accessibility for persons with disabilities, the District's engagement of Contractor for ADA specific services,in an effort to bring the Website into ADA compliance, accessibility standard used and applied to the Website(which shall be at a minimum WCAG), and contact information of the District Manager or their designee (email and phone number)for users encountering any problems; iv. provide options to create a District-branded design(colors, logo,etc.); v. provide Contractor's ADA compliance shield, seal or certification for display on the Website("Compliance Shield"); vi. cross-check ADA compliance for accessibility and compatibility of the Website with various technology mediums, including but not limited to mobile phones, smart phones, tablets, laptop computers, desktop computers, and provide "mobile friendly"or"mobile versions" of the Website accessible via various web browsers including but not limited to Internet Explorer,Edge, Mozilla, Safari, and Chrome; vii. eliminate and prevent any commercial advertising on the Website; viii. eliminate and prevent exposure to any known spyware, virus or malware affecting functionality or accessibility of the Website; ix. secure "https" certification and provide secure "cloud" hosting with fail- over back-up measures to ensure continued functionality and accessibility of the Website; 2 x. provide data back-up and records retention measures as required by Florida law; xi. provide and/or allow display of an ADA compliant calendar, reservation request form, and newsletter, as applicable or necessary to the District; xii. provide a "dashboard" accessible to the District Manager or his or her designee which allows the District to upload and remove content, manage documents to be remediated by Contractor, and review ADA compliance reports generated by Contractor. However, Contractor shall ensure that the District does not have the ability to alter any other aspect of the Website which may negatively impact the functionality or accessibility of the Website; xiii. provide any and all other effort reasonably necessary to allow the District to receive the maximum benefit of the Services contemplated by this Agreement and Exhibit A, recognizing the District is relying on Contractor's expertise for Website design/best practices in accordance with the ADA requirements including but not limited to WCAG standards. B. MAINTENANCE. Starting November 1, 2019, Contractor shall provide on-going maintenance of the Website, to ensure continued compliance with WCAG. Specifically, Contractor shall: i. host, manage and maintain the Website; ii. remediate new documents, up to one thousand (1,000)pages per year; for any agenda packages. Contractor shall turn around the remediated version within two (2) business days; any updates or fixes needed to the agenda requiring remediation shall be remediated within 48 hours of the District Manager's submission for such request; iii. remediate new documents identified by the District to accessible formats for assistive technologies. If certain documents are not able to be fully remediated, Contractor shall work with the District to create a summary of the content in such document and provide contact information if anyone needs reasonable accommodations to access the full content within that document. For any agenda packages, including any updates thereto, Contractor shall turn around the remediated version within two (2) business days of the District Manager's submission for such request; iv. provide assistive technical support via telephone and/or email, as reasonably needed, within regular business hours between 9 a.m. and 6 p.m., Monday through Friday, exclusive of federal holidays, which shall include but not be limited to assistance in converting newly added documents and upgrading to new ADA recommended standards, if any, and regularly corresponding with the District staff on such items as updates,changes and recommendations; v. store and retain all District content, including files, texts, parameters, documents, and other types of data by backing up the same in a separate storage 3 system and regularly backing up new content as they are submitted and uploaded to the Website; vi. ensure that the Website is "live" and "on-line" at all times, unless a scheduled maintenance or upgrades are required;for any scheduled maintenance or upgrades which would affect the functionality or accessibility of the Website for a prolonged time,Contractor shall provide reasonable advance notice to the District in writing,and post a disclaimer message on the Website during such maintenance or upgrade; vii. perform monthly comprehensive technological, and human as needed, audits to ensure Website's compliance with WCAG standards or better and any applicable laws, rules and regulations applicable to the Website. After each audit, Contractor shall remediate any deficiencies identified during such audit and provide a written report to the District summarizing the audit and rcmediations made, if any; viii. in the event that certain documents are not able to be fully remediated and accessible in accordance with ADA compliance standards, Contractor shall immediately notify the District of such documents and shall provide contact information for anyone who needs reasonable accommodation to access all or any portion of such content; ix. continue to provide and update, as needed, those Services identified in Section 2(A)(iii),(v),(viii),(x),and(xii); and x. provide any and all other effort reasonably necessary to allow the District to receive the maximum benefit of the Services contemplated by this Agreement and Exhibit A, recognizing the District is relying on Contractor's expertise for Website design/best practices in accordance with the ADA requirements including but not limited to WCAG standards. C. ADDITIONAL SERVICES. In the event that the District desires additional work or services,Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiation regarding the terms of the additional work, including scope and compensation, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement prior to commencement of any such additional work. The following is a non-exhaustive list of possible additional services that the District may request of Contractor: i. providing a point of contact to respond to requests for Website accommodation; ii. converting documents for a public records requests received by the District; iii. providing any other ADA recommended compliance services requested by the District that Contractor is capable of performing. SECTION 3. COMPENSATION. As compensation for the Services, the District agrees to pay Contractor in accordance with the following terms: 4 A. INITIAL WEBSITE REMEDIATION. For performance of the Services as provided in Section 2(A)of this Agreement,the District shall pay Contractor a one-time fee of one thousand, five hundred twelve and 30/100 dollars ($1,512.30), fifty percent (50%) of which shall be due within thirty (30) days after the Effective Date as a deposit. Contractor shall invoice the District for such amount. Further, Contractor shall invoice the District for the remaining fifty percent (50%)equal to seven hundred fifty-six and 15/100 dollars($756.15)upon substantial completion of the Services provided in Section 2(A). B. MAINTENANCE. For performance of the Services as provided in Section 2(B) of this Agreement,starting November 1, 2019 the District shall pay Contractor one thousand five hundred fifty-two dollars and fifty cents($1,552.50)per year,payable in four(4)equal quarterly installments of three hundred eighty-eight dollars and thirteen cents($388.13). Parties understand and acknowledge that this includes (i) the annual fee for the domain name for the District's Website, which Contractor shall pay, at its sole expense, on behalf of the District; and (ii) document remediation pursuant to Section 2(B)(iii) of up to one thousand(1,000) pages per year ("Annual Max Pages"). C. ADDITIONAL CONVERSIONS. For remediating and converting any documents in excess of the Annual Max Pages included in the maintenance price,Contractor shall provide such services for an amount not to exceed ninety-eight cents($0.98)per page. Contractor shall perform remediation and conversion of additional documents only upon receipt of written authorization of the District approving the same. D. INVOICES; PAYMENT. Contractor shall maintain records conforming to usual accounting practices.Further,Contractor shall render each invoice to the District in writing,which shall be delivered promptly upon completion of each Service. Each invoice shall contain, at a minimum, the District's name, Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on each invoice with a sufficient description of each allowing the District to approve each cost,the time frame within which the Services were provided,and the address or bank information to which payment is to be remitted. Consistent with Florida's Prompt Payment Act, section 218.70,et al.,Florida Statutes,the invoices shall be due and payable within forty-five(45)days of receipt by the District. SECTION 4. TERM AND TERMINATION. A. TERM. This Agreement shall become effective upon the Effective Date and shall be in effect until terminated by either party in accordance with the terms of this Agreement. B. TERMINATION. The District agrees that Contractor may terminate this Agreement for cause by providing ninety (90) days' written notice of termination to the District; provided, however,that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. Contractor agrees that the District may terminate this Agreement immediately for cause by providing written notice of termination to Contractor. Contractor agrees that the District may terminate this Agreement without cause; provided that the District shall provide thirty (30) days' written notice of termination without cause. Upon any termination of this Agreement, Contractor shall (i) be entitled to payment for all Services rendered up until the effective termination of this Agreement,subject to whatever claims or offsets the District may have against Contractor as the sole means of recovery for termination; (ii) be permitted to remove the 5 Compliance Shield from the Website as of the effective date of the termination; (iii)provide the District, or its designee, all domain names, authorizations, usernames, passwords, and content (including remediated content) in the format in which it was stored on the service; (iv) if the Contractor used proprietary and/or licensed software to provide the Services herein to the District, then Contractor shall coordinate with the District as to the terminated use of such software, including any migration of the Website that may be required pursuant to such termination. Any termination shall be subject to the rights of the District under Section 6.B,below. SECTION 5. REPRESENTATIONS, WARRANTIES AND COVENANTS. Contractor represents,warrants,and covenants that(a)the Services will conform to thc requirements provided in Section 2 herein and Exhibit A; (b)the Services shall be performed by qualified personnel in a professional, prompt, diligent, good, safe and workmanlike manner in accordance with all laws, industry standards,and all applicable ADA and other website accessibility compliance standards, including but not limited to WCAG 2.1 Level AA and other federally recommended guidelines,as may be amended from time to time; and (c) neither the Services nor any product provided by Contractor shall infringe, misappropriate, or otherwise violate the intellectual property rights of any third-party. To the extent that any defects are found and reported to the Contractor, the Contractor shall correct such defects within thirty(30)days. SECTION 6. INTELLECTUAL PROPERTY. A. CONTRACTOR MATERIALS. Except as provided herein, Contractor shall retain all right, title, and interest in and to (i) all patents, trademarks, service marks, copyrights, and other intellectual property or proprietary rights of Contractor used in or otherwise associated with the Services,and other materials provided to the District hereunder;and(ii)all trade secrets, technical specifications and data to the extent they are intellectual property, and inventions which are authored, conceived, devised, developed, reduced to practice, or otherwise performed by Contractor which arise out of Contractor's performance of the Services, none of which shall be deemed a "work made for hire" under the Copyright Act of 1976 (collectively, "Contractor Materials"), and nothing contained herein shall be construed to restrict, impair,transfer, license, convey,or otherwise alter or deprive Contractor of any of its intellectual property and proprietary interests associated therewith. Subject to the foregoing, Contractor grants to the District a non- exclusive, non-transferable worldwide perpetual limited right and license to access and use the Contractor Materials in connection with the ordinary and intended use by the District as contemplated in this Agreement, including viewing, downloading and printing the Contractor Materials for the District's use, and without in any case removing Contractor's copyright, trademark or other intellectual property ownership notices. B. THE DISTRICT MATERIALS; PUBLICITY AND TRADEMARKS. The District shall own the Website,domain name,all e-mail addresses,and all website and e-mail content(including all remediated content provided by the Contractor), under all circumstances. In the event of a termination of this Agreement for any reason,Contractor shall take all necessary steps to transfer, or otherwise allow the District to retain,such website,domain name,e-mail addresses and content of the same. Additionally,to the extent applicable,Contractor shall take commercially reasonable precautions consistent with industry standards to protect confidential information,including, e.g., credit card information and other sensitive information protected under Florida's Public Records Laws. Contractor shall immediately notify the District of any breach or loss of data,and take such steps as are reasonably necessary to address any such issue. Except as provided herein,the District 6 shall retain all right,title,and interest in and to all intellectual property of the District provided or made available to the Contractor in connection with Contractor's Services(collectively, "District Materials") and nothing contained herein shall be construed to restrict, impair, transfer, license, convey, or otherwise alter or deprive the District of any of its intellectual property or other proprietary interests associated therewith, if any. Subject to the foregoing, the District grants to Contractor a non-exclusive,non-transferable worldwide limited right and license to access and use such District Materials in connection with the provision of the Services as contemplated by this Agreement. Further, the District permits Contractor to identify the District as a customer of Contractor in Contractor's marketing materials (including using the District's name and logo for such limited purposes). The District further acknowledges and agrees that for Contractor to perform the Services, it must,in some cases,give Contractor remote access to areas behind log-ins that are to be audited hereunder, including, without limitation to content management systems and/or servers (collectively, "System"), and agrees that it will furnish to Contractor all necessary information and/or user names and passwords required to do so. Contractor agrees to follow commercially reasonable and accepted security policies for accessing the District's System including any specific security procedures as may be communicated to Contractor by the District prior to Contractor accessing the System. Contractor shall on its own or through coordination with the District's Website provider,create a back-up copy of all data that may be affected by Contractor's access to the System. C. RIGHT TO DISPLAY CONTRACTOR'S COMPLIANCE SHIELD / ACCESSIBILITY POLICY. Pursuant to this Agreement, the Contractor shall provide District a Compliance Shield and customized accessibility policy, which District shall display on its Websites and web applications. The District is expressly prohibited from using the Compliance Shield for any purpose not specifically authorized by this Agreement,and in no event may use such Compliance Shield for or on behalf of any other party or in connection with any domain name and/or organization name other than those being scanned or serviced in connection with the Services. SECTION 7. PUBLIC RECORDS. Contractor understands and agrees that all documents or on-line content of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Greg Cox,District Manager("Public Records Custodian"). Among other requirements and to the extent applicable by law, Contractor shall 1) keep and maintain public records required by the District to perform the Work;2)upon request by the Public Records Custodian,provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When 7 such public records are transferred by Contractor, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DISTRICT'S PUBLIC RECORDS CUSTODIAN, SANDRA DEMARCO AT (954) 603-0033, EXT. 40532 SANDRA.DEMARCO u,[NFRAMARK.COM, 210 N. UNIVERSITY DRIVE, SUITE 702, CORAL SPRINGS,FL 33071. SECTION 8. INDEMNITY. A. Contractor agrees to indemnify and hold harmless the District and its officers, supervisors,staff,employees,successors,assigns,members,affiliates,attorneys or representatives from any and all liability,claims,actions,suits,liens,demands,costs,interest,expenses,damages, penalties, fines, or judgments against the District, or loss or damage, whether monetary or otherwise, including but not limited to an ADA website related claim by a third-party,arising out of, wholly or in part by, Contractor's negligent act(s) or omission(s) or willful or intentional misconduct in carrying out this Agreement. Contractor further agrees that nothing herein shall constitute or be construed as a waiver of the District's limitations on liability contained in section 768.28,Florida Statutes,or other statute. B. Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses,attorneys' fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties,fines,or judgments against the District, all as actually incurred. SECTION 9. SCRUTINIZED COMPANIES STATEMENT. Contractor certifies that it is not in violation of section 287.135, Florida Statutes, and is not prohibited from doing business with the District under Florida law, including but not limited to Scrutinized Companies with Activities in Sudan List or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. If Contractor is found to have submitted a false statement, has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, or is now or in the future on the Scrutinized Companies that Boycott Israel List,or engaged in a boycott of Israel,the District may immediately terminate the Contract. SECTION 10. INSURANCE. Contractor shall procure, at Contractor's expense,and maintain at all times during the term of this Agreement, comprehensive general liability insurance in of not less than than $1,000,000.00 combined single limit bodily injury and property damage per occurrence, and $2,000,000 general aggregate. The District, and its 8 officers and supervisors, shall be named as an additional insured on all insurance policies required. Contractor shall provide to the District a certificate of insurance annually evidencing compliance with the foregoing insurance requirements. 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 until after thirty(30) days of prior written notice to the District. Insurance coverage shall be from one or more reputable insurance carriers that are licensed to conduct business in the State of Florida, which carriers shall be reasonably acceptable to the District. SECTION 11. GENERAL PROVISIONS. A. CONFLICTS. The terms of this Agreement and Exhibit A are intended to complement each other, and to the extent they conflict,the terms of Exhibit A shall control only to the extent that such provisions provide clarifications on Services and materials to be provided by Contractor pursuant to Exhibit A; in all other respects,the provisions of this Agreement shall control. B. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and Contractor, both the District and Contractor have complied with all the requirements of law, and both the District and Contractor have full power and authority to comply with the terms and provisions of this Agreement. C. INDEPENDENT CONTRACTOR. It is understood and agreed that at all times the relationship of Contractor and its employees,agents,or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent,joint-venturer, or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees,agents,or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor isnot an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of the District and at all times entirely under Contractor's supervision,direction,and control. In particular, the District will not: (i) withhold FICA (Social Security) from Contractor's payments;(ii)make state or federal unemployment insurance contributions on Contractor's behalf; (iii) withhold state or federal income tax from payment to Contractor; (iv) make disability insurance contributions on behalf of Contractor;or(v)obtain workers'compensation insurance on behalf of Contractor. D. DISPUTE RESOLUTION. Before initiating any legal claim or action (except with respect to equitable relief), the parties agree to attempt in good faith to settle any dispute, controversy, or claim arising out of or related to this Agreement or the Services (collectively, "Dispute")through discussions which shall be initiated upon written notice of a Dispute by either party to the other. If the parties cannot resolve the Dispute within ten(10)business days,then the parties shall attempt to settle the Dispute by mediation. If mediation is unsuccessful, the parties may then proceed to filing a claim in the appropriate jurisdictional court in accordance with this 9 Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the substantially prevailing party shall be entitled to recover from the other all fees and costs incurred,including reasonable attorneys' fees, paralegal fees, expert witness fees, and costs for trial, alternative dispute resolution, or appellate proceedings. E. APPLICABLE LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without reference to the principles of conflict of laws. Except for actions seeking injunctive relief (which may be brought in any appropriate jurisdiction), suits under this agreement shall only be brought in a court of competent jurisdiction in Lee County,Florida.This choice of venue is intended by the parties to be mandatory and not permissive in nature,and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. The District and Contractor waive any right they may have to assert the doctrine of forum non conveniens or similar doctrine, or to object to venue with respect to any proceeding brought in accordance with this Section. F. LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third-party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law. G. THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and Contractor and no right or cause of action shall accrue upon or by reason to or for the benefit of any third-party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and Contractor and their respective representatives,successors,and assigns. H. DEFAULT AND PROTECTION AGAINST THIRD-PARTY INTERFERENCE. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third-party. Nothing contained in this Agreement shall limit or impair the District's right to protect its rights from interference by a third-party to this Agreement. I. NOTICES. All notices, requests, consents, and other communications under this Agreement ("Notice" or"Notices") shall be in writing and shall be hand delivered, delivered by commercial courier or delivery service, First Class Mail,postage prepaid, or email to the parties, as follows: If to Contractor: Innersync Studio, Ltd., d/b/a Campus Suite 10 752 Dunwoodie Drive Cincinnati,Ohio 45230 Attn: Steven Williams Email: If to District: I leritage Bay Community Development District c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers,Florida 33905 Attn: Justin Faircloth Email:Justin.Faircloth@inframark.com With a copy to: Gregory L. Urbancic,Esq. Coleman, Yovanovich&Koester,P.A. 4001 Tamiami Trail North, Suite 300 Naples,Florida 34103 Email: gurbancic@cyklawfirm.com Notice will be considered given when received,except that if delivery is not accepted,notice will be considered given on the date of such non-acceptance. Counsel for the District and counsel for Contractor may deliver Notice on behalf of the District and Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties of any change in name or address to which Notices shall be sent by providing written notice. J. ENTIRE AGREEMENT. This Agreement, together with Exhibit A, sets forth the entire agreement of the parties,and supersedes any prior agreements or statements with respect to the subject matter hereof. K. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement,or any part of this Agreement not held to be invalid or unenforceable. L. ASSIGNMENT. Neither the District nor Contractor may assign this Agreement without the prior written consent of the other. Any purported assignment without such consent shall be null and void. M. AMENDMENTS. This Agreement may be amended or modified only by a written instrument duly executed by both parties. N. FORCE MAJEURE. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitations, an "act of God," fire, flood, war, strike, government regulation, civil or military authority,acts or omissions of transmitters,utilities,providers or hackers,the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence. 0. SURVIVAL. In addition to such other provisions hereof which, by their terms, survive any termination or expiration of this Agreement, Section 5 (Representations, Warranties and Covenants), Section 6 (Intellectual Property), Section 7 (Public Records), Section 8 11 (Indemnity), and Section 10 (General Provisions) shall survive any termination or expiration of this Agreement. P. WAIVER. No breach of any term of this Agreement shall be deemed waived unless expressly waived in writing by the party who might assert such breach. Any failure or delay by either party to exercise any right,power, or privilege under this Agreement shall not be deemed a waiver of any such right, power, or privilege under this Agreement on that or any subsequent occasion. Any waiver by either party, whether express or implied, of any provision of this Agreement,any waiver of default,or any course of dealing hereunder, shall not affect such party's right to thereafter enforce such provision or to exercise any right or remedy in the event of any other default or breach,whether or not similar. Q. COUNTERPARTS. This instrument may be executed in any number of counterparts, each of which, when executed and delivered, shall constitute an original, and such counterparts together shall constitute one and the same instrument. Signature and acknowledgement pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document. R. ARM'S LENGTH TRANSACTION. This Agreement has been negotiated fully between the parties as an arm's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In case of a Dispute concerning the interpretation of any provision of this Agreement,both parties are deemed to have drafted,chosen, and selected the language, and the doubtful language will not be interpreted or construed against either party. S. DESCRIPTIVE HEADINGS. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement. [SIGNATURES ON NEXT PAGE] 12 IN WETNESS WHEREOF,the parties have,by their duly authorized representatives,executed this Agreement as of the date and year first set forth above. ATTEST: HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT ryj.' d cretar Chairperson,Board of Supervisors r' WITNESS: INNERSYNC STUDIO,LTD.,D/B/A 1CAMPUS SUITE,an Ohio limited ,- �,. tt. liability company Ted Saul Print Name: By: Steve Williams, VP of Marketing(Title) Exhibit A: Proposal for Services 13 Exhibit A Proposal for Service 14 .- ter" m• -----.04141tr. . , ,..-- ' ,-,.>4. Of-O., ,..iroir4S, c‘Ft g R � yK � 4� Tx ... 0 q, 01 . } Ise adr o•S' �.�J44i"t. , r ..r SI°O.10441* .4 11111 111011410%* , , ,.ud i ''.-. .4."*°' ' ,.- Keeping your community informed. And you compliant. Heritage Bay Community Development District Proposal date: 2019-10-15 Proposal ID: U4PDM-PC3S7-Q3CBW-HTMEX Pricing 2 Services 3-5 FAQs 6 Statement of work 7-6 Terms and conditions 9-12 gTed Saul Director- Digital Communication Pricing Effective date: 2019-10-31 Implementation Quantity Subtotal On-boarding of ADA Compliant Website and 1 $1,512.30 Remediation of Historical Documents • Migration website pages and present on a staged website for approval • Initial PDF Accessibility Compliance Service for 1500 pages of remediation Annual ongoing services Quantity Subtotal Website services 1 $615.00 • Hosting, support and training for users • Website management tools to make updates • Secure certification(https) • Monthly accessibility site reporting,monitoring and error corrections Ongoing PDF Accessibility Compliance Service 1000* $937.50 • Remediation of all PDFs stored on your website • Remediation of up to 5.50 PDF pages 1,000 • Dashboard for reporting and managing all PDFs • 48-hour turnaround for fixes for board agendas • PDF manager dashboard Social Media Manager Included *Maximum PDF pages per 12 month period Total: $3,064.80 Accessibility Compliance with Campus Suite WEBSITE AND ACCESSIBILITY SOLUTION �'" >, -fir; ,A06'''' 4°' m Or N B r 40 007-, • ti 4.0414,e0kb -- ,- ' ' fig_ .009 \ 0, 0k\ .. . ►'® oao0'o . . 0 013•00 ,z ' ' _ 1 l . .fig°* M 5 fik P Accountable, compliant communications Keeping your residents and property owners informed is a Designed for districts big responsibility-one that requires constant diligence. Staying current with the laws that apply to public access to district records, reports and other legal requirements '_ Easy-to-update website, •1:1presents a big challenge for many CDD communities. hosting and support When it comes to your website and all the web-based Worry-free ADA-compliance, documents you are required to publish, they all need to be auditing and full reporting fully accessible.Florida statutes and federal laws require you and every special district be compliant with ADA (Americans with Disabilities Act)and accessibility regulations. Meets Florida statutes and federal laws Keeping it all accessible-and legal Save CDD board time Campus Suite provides the total accessibility solution to and money keep all your web communications and web documents on the right side of these laws - specifically chapters 189 and 282 of the Florida Statutes. WEBSITE AND ACCESSIBILITY SOLUTION Keeping your community informed ,.4 and compliant. 4h. oma e � Accessibility Compliance ° with Campus Suite • Well handle all your website Maintain ADA compliance: and document accessibility. ° Website and documents meet WCAG 2.1 requirements We take on the responsibility of making and keeping your Monthly accessibility scanning website fully accessible to people with disabilities.We know audits and reporting what's at stake if your website is not ADA-compliant, so we In-house team that fixes all of handle it all—monitoring, reporting, and remediation. the accessibility errors We stand behind our seal of approval. On-demand PDF remediation Each page of your website will have our official certification of a (48-hour turnaround) website that meets the required accessibility standards. A website with all the features Your district website features: your district needs. Professional website design Communication is key to success in any organization, and Easy-to-use tools to make updates your community development district is no exception.At °" Total document management Campus Suite,we understand the unique communication Support and training for users needs of CDDs and create a comprehensive website that serves as your communication hub. vc Calendar of events .„' Clubhouse and rental scheduling Your property owners and residents will come to depend on Meeting notices and minutes the wealth of information at their fingertips.And your board members, management team and staff will come to rely on the role your website serves in streamlining the critical communi- cations functions you're required by law to provide. WEBSITE AND ACCESSIBILITY SOLUTION camp Us , t suite r. Z -II% r v ,e7 -its A trusted name for compliance. „.,xi*,,,, , s For over 15 years, Campus Suite has built a reputation helping public schools , /Kb, across the country eliminate communication barriers and improve school community engagement.We do it by creating easy-to-use, affordably priced 6") websites featuring professional design,unmatched customer service, and paving a leadership role in website accessibility. ��si,7S1 �'roe,Cqa, We've helped districts build web accessibility policies and websites, and even .$1 created contingency plans for responding to web issues and complaints from `'t, •`� �t,. the OCR(U.S. Office for Civil Rights).These include detailed resolution -~ plans when clients need to respond to avoid fines and the negative publicity that sometimes surrounds non-compliance. ,\,%\e3 f Campus Suite has also pioneered educating public institutions about website ,../ accessibility by establishing the Website Accessibility Education Center, a W C A C 2.0 valuable resource for website administrators.. Campus Suite Academy Website Accessibility Center www.campussuite.com/accessibility-center tcr:);;I Frequently asked questions For PDF service,what is the price per page? Pricing can range based on the volume of PDFs you have on your website and if it is part of the initial remediation or the on-demand service.The price range is between$1.05 per page to$1.75 per page. What does the PDF scan and remediation process look like? You'll upload your documents to the dashboard.We are notified and begin setting up the scan. After the fixes are made,we put the documents back onto the dashboard and you are notified. You then put them back to the appropriate location on your website. What does the ADA managed service process for our website look like? Our team performs monthly scans of your site utilizing software. Our team then goes through the results and fixes the content-related errors by hand. A report is produced for your records and uploaded to your ADA dashboard. Any outlying issues we may encounter,you will be notified until the issue is resolved. How long does it take? For non-urgent doc remediation,we can scan and fix up to 2000 pages per week. We also have urgent services available for an additional fee with a turnaround time of 48 hours. What standards do you follow for ADA? We follow WCAG AA 2.1 guidelines Are there any hidden fees? No. How long does it take to build the website? It depends upon your responsiveness,but generally only a couple of weeks. Can we change the design of our website? Our themes are customizable to address your preferences. There are some guardrails in place to help ensure ADA compliance to a degree,but you can select colors, images,etc... Do your sites offer a calendar? Yes. This site can be utilized in many different ways. One of which is a calendar to help with your clubhouse availability/rental schedule. Statement of work 1. On-boarding of ADA Compliant Website and Remediation of Historical Documents.Contractor will deliver a functional,responsive,working ADA compliant website that can display content submitted to the Contractor by the District.At a minimum,the website and the documents on the website will: 1. Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1,as amended and/or replaced by new releases from time to time("WCAG"); 2. Contain a website accessibility policy that includes: a commitment to accessibility for persons with disabilities,the accessibility standard used and applied to the website(at a minimum WCAG),and contact information of the District Manager or their designee(email and phone number)in case users encounter any problems; 3. Display an ADA compliance shield, seal,or certification; 4. Provide options to create a CDD-branded design(colors, logo,etc...) 5. Be accessible on modern versions of Internet Explorer,Edge,Mozilla, Safari,and Chrome web browsers and be"mobile friendly"and offer a"mobile version"of the sites content for access from tablets or smart phones. 6. Be free of any commercial advertising; 7. Be free of any known spyware,virus,or malware; 8. Secure certification(https) 9. Secure cloud hosting with fail-overs 10.Allow for data backups,and record retention as required by law; 11. Allow for the display a calendar,reservation request form,and newsletter; 12.Creation of a dashboard for the District to upload and remove content,manage all documents,manage document remediation,and review reports generated by the Contractor;and 13.Remediate 1500 pages identified by the District for the new website in an ADA compliant format.* 2. Domain Fee.The Contractor shall pay the annual fce for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the website; 2. Remediate in an ADA compliant format new documents(a not to exceed 1000 pages per year) uploaded by the District Manager to the document portal;* 1. For Agenda Packages,the Contractor shall turn around the documents within 2 business days 3. District shall be responsible for uploading the documents onto the document portal for the website. Upon completion of the remediation services,Contractor shall ensure that the remediated documents are live on the website. Contractor shall ensure that the District only has the ability to upload documents to the document portal(not the ability to make documents go live on the website)or remove documents on the website and cannot alter any other aspect of the website; 4. Contractor will store all District data, including files,text and parameters;data will be backed-up on a separate storage system at regular intervals;and 5. The ADA compliant website will be on-line at all times unless maintenance or upgrades require it to be unavailable. When maintenance or upgrades require the website to be unavailable,Contractor will provide the District with reasonable advance notice in writing. 4. Monthly Auditing and Remediation Services. 1. Every month Contractor will comprehensively audit the website's compliance with(1)WCAG and(2) any applicable laws,rules,and regulations(including,the Department of Justice); 2.After the audit,Contractor will remediate any web accessibility deficiencies of the website or content on the website;and 3. The Contractor will provide a written report to the District that summarizes the audit and any remediations made. 5. Support Services. Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours—Monday to Friday 9 am to 6 pm EST,exclusive of holidays.The Contractor will provide a listing of detailed hours, holidays,and service availability on their website,and reserves the right to modify the times technical support is available. *If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF. Website Creation and Management Agreement This Website Creation and Management Agreement(this"Agreement") is entered into as of 2019-10-31, between the Heritage Bay Community Development District,whose mailing address is 210 N University Dr, STE 702, Coral Springs, FL 33071 (the"District")and Innersync Studio,LLC., an Ohio limited liability company(d/b/a Campus Suite),whose mailing address is 752 Dunwoodie Dr.,Cincinnati,Ohio 45230(the "Contractor"). Background Information: The District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980,as codified in Chapter 190,Florida Statutes.The District is required to have a website and desires to have a website created,regularly updated,managed,inspected,and remediated to ensure compliance with the Americans with Disabilities Act(the"ADA").The Contractor has the technical expertise to provide the above-mentioned services.The District desires to retain the Contractor to provide services as described in this Agreement. Operative Provisions: 1.Incorporation of Background Information.The background information stated above is true and correct and by this reference is incorporated as a material part of this Agreement. 2.Scope of Services.The Contractor will perform all work, including all labor,equipment,and supervision necessary to perform the services described in the"Statement of Work"attached hereto. 3.Term and Renewal.The initial term of this Agreement will be for one year from the date of this Agreement.At the end of the initial term,this Agreement will automatically renew for subsequent one-year terms pursuant to the same price and contract provisions as the initial term,until terminated by either party pursuant to the termination provisions below. 4.Termination. a.Either party may terminate this Agreement without cause,with an effective termination date of the next scheduled renewal date,by providing at least thirty(30)days written(letter, facsimile,email) notice to the other party prior to the next renewal date. b.Either party may terminate this Agreement with cause for material breach provided,however,that the terminating party has given the other party at least thirty(30)days written(letter,facsimile,email)of,and the opportunity to cure the breach. c.Upon termination of this Agreement: i.The Contractor will be entitled to payment for all work and/or services rendered up until the effective termination of this Agreement,subject to whatever claims or off-sets the District may have against the Contractor.If any deposit or advanced payments exceeds these costs,Contractor will refund the appropriate amount to the District. ii.The Contractor will provide the District or its designee with all domain names,authorizations, usernames,passwords,and content(including remediated content)in the format in which it was stored on the server,at a cost not to exceed$50 to the District. iii.The Contractor will be permitted to remove its name and ADA compliance shield,seal,or certificate from the website on the effective date of the termination. iv.If the Contractor was using certain software(including content management software)that is proprietary and was licensed to the District during the term of the Agreement,then the Contractor shall coordinate with the District as to the end of the license or simply create a simple splash page of the District with information on the transition to a new website. 5.Compensation and Prompt Payment. a.Upon execution of this Agreement,the District agrees to pay Contractor for a one-time payment of $1,512.30 for the On-boarding of ADA Compliant Website and Remediation of Historical Documents. b. Starting on October 31,2019 the District agrees to compensate the Contractor$1,552.50 for Domain Fee,Maintenance and Management of the Website,Monthly Auditing and Remediation Services,and Support Services as described in the Statement of Work.The District shall make such payments in advance of the services to be provided.Contractor will provide the District with an invoice on an annual basis for work to be performed.The District will pay Contractor within 15 days of receipt of the invoice. 6.Additional Work.If the District should desire additional work or services,the Contractor agrees to negotiate in good faith to undertake such additional work or services.Upon successful negotiations,the parties will agree in writing to an addendum(for changes to the regular services)or work authorization order (for all other services). The Contractor will be compensated for such agreed additional work or services based upon a payment amount acceptable to the parties and agreed to in writing. 7. Ownership of Website,Domain Name,and Content.The District will be the owner of the website, domain name,and all content(including remediated content provided by the Contractor)on the website. S.No Infringement of Intellectual Property.Contractor warrants and represents that neither the Statement of Work nor any product or services provided by Contractor will infringe,misappropriate,or otherwise violate the intellectual property rights of any third-party. Contractor shall take all steps to ensure that the District has no access to confidential software or data that is proprietary(whether it's the Contractor's or another provider's through a license agreement). 9.Promotion.The District permits Contractor to identify the District as a customer of Contractor in Contractor's marketing materials(including using the District's name and logo for such limited purposes). 10.Warranty. The Contractor warrants that the work:(a)will conform to the requirements of the Statement of Work, (b)will be performed in a prompt,diligent,good,safe and workmanlike manner in accordance with all laws,industry standards,and all applicable ADA and WCAG regulations,and(c)will be performed without defects in workmanship or in code.To the extent that any defects are found and reported to the Contractor,the Contractor shall correct such defects within thirty(30)days. 11.Relationship Between the Parties.It is understood that the Contractor is an independent contractor and will perform the services contemplated under this Agreement. As an independent contractor,nothing in this Agreement will be deemed to create a partnership,joint venture,or employer-employee relationship between the Contractor and the District.The Contractor will not have the right to make any contract or commitments for,or on behalf of,the District without the prior written approval of the District.The Contractor assumes full responsibility for the payment and reporting of all local, state,and federal taxes and other contributions imposed or required of the Contractor during the performance of services to the District. 12. Compliance with Governmental Regulations.The Contractor will comply with necessary economic, operational,safety, insurance,and other compliance requirements imposed by federal,state,county, municipal or regulatory bodies, relating to the contemplated operations and services hereunder.The Contractor warrants and represents the Contractor is currently in compliance with and will hereafter comply with all federal,state and local laws and ordinances relating in any way to the services provided hereunder. Contractor is solely responsible for complying with all applicable laws pertaining to website accessibility, including but not limited to the ADA and those certain WCAG standards,and other web accessibility guidelines as amended from time to time. 13.Insurance.Contractor will,at its own expense,maintain commercial general liability insurance coverage of no less than$1,000,000 for the duration of the term of this Agreement and for any renewals of the term,as mutually agreed upon by the parties,which names the District, its officers,agents, staff,and employees as an additional insured. The Contractor will deliver to the District proof of insurance referred to herein or a certificate evidencing the coverage provided pursuant to this Agreement. Such insurance policy may not be canceled without a thirty-day written notice to the District.The Contractor will maintain Workers Compensation insurance as required by law. 14.Limitation of Liability.Either party's total liability under this Agreement,regardless of cause or theory of recovery,will not exceed the total amount of fees paid by the District to the Contractor during the twelve- month period immediately preceding the occurrence or act or omission giving rise to any claim. Contractor shall not be liable for ADA compliance of any content posted by the District without first being remediated by the Contractor. 15.Indemnification.Contractor agrees to,subject to the limitation of liability described above, indemnify, defend and hold the District and its supervisors,officers, managers,agents and employees harmless from any and all liability,claims,actions,suits or demands by any person,corporation or other entity for injuries or damage of any nature,arising out of,or in connection with,the work to be performed by Contractor, including litigation or any appellate proceedings with respect thereto. Contractor further agrees that nothing herein will constitute or be construed as a waiver of the Districts limitations on liability contained in Section 768.28,Florida Statutes,or other statute or law. Any subcontractor retained by the Contractor will acknowledge the same in writing.Obligations under this section will include the payment of all settlements, judgments, damages,liquidated damages, penalties,forfeitures,back pay awards,court costs,arbitration and/or mediation costs, litigation expenses,attorney fees,and paralegal fees(incurred in court,out of court, on appeal,or in bankruptcy proceedings)as ordered. 16.Conditions Precedent Prior to Any Litigation.In the event that either party is dissatisfied with the other party and as a condition precedent prior to commencing any litigation,such party shall communicate in writing to the other party with their specific concerns.The parties shall make a good faith effort toward the resolution of any such issues. If the parties are not able to reach a mutually acceptable solution,then either party may request arbitration at their own expense. If such arbitration is requested,it shall be held within sixty(60)days of such request. 17.Remedies in the Event of Default.Subject to the limitation of liability described above,a default by either party under this Agreement will entitle the other to all remedies available at law or in equity,which may include, but not be limited to,the right of actual damages and/or specific performance. Nothing contained in this Agreement will limit or impair the District's right to protect its rights from interference by a third-party to this Agreement. 18.Controlling Law.This Agreement is governed under the laws of the State of Florida with venue in the county the District is located in. 19.Enforcement of Agreement.Only after satisfying the conditions precedent prior to any litigation above, in the event it becomes necessary for either party to institute legal proceedings in order to enforce the terms of this Agreement,the prevailing party will be entitled to all costs,including reasonable attorney's fees at both trial and appellate levels against the non-prevailing party,with a not to exceed limit of the total amount of fees paid by the District to the Contractor during the twelve-month period immediately preceding the occurrence or act or omission giving rise to any claim. 20.Public Records. Contractor acknowledges the District is a special purpose unit of local government in the State of Florida,and that all documents of any kind provided to or in possession of Contractor in connection with this Agreement are subject to Florida's public records laws,pursuant to Chapter 119,Florida Statutes.As required under Section 119.0701,Florida Statutes, Contractor will(a)keep and maintain public records that would ordinarily and necessarily be required by the District in order to perform the Service Provided,b)provide the public with 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 of reproduction permitted by law,(c)ensure that public records which are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law,and(d)meet all requirements for retaining public records and transfer,at no cost to the District,all public records in possession of the Contractor upon termination of this Agreement,and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.All records stored electronically must be provided to the District in a format that is compatible with the information technology systems of the District. Upon receipt by Contractor of any request for copies of public records,Contractor will immediately notify the District of such request. Failure of Contractor to comply with public records laws to the extent required by statute may result in immediate termination of the Agreement. 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 AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 854- 603-0033,OR BY EMAIL AT SANDRA.DEMARCO@INFRAMARK.COM,OR BY REGULAR MAIL AT 210 N.UNIVERSITY DR.STE 702,CORAL SPRINGS,FL.33071. 21.Scrutinized Companies. Pursuant to Section 287.135,Florida Statutes,Contractor represents that in entering into this Agreement,the Contractor has not been designated as a"scrutinized company"under the statute and, in the event that the Contractor is designated as a"scrutinized company",the Contractor will immediately notify the District whereupon this Agreement may be terminated by the District. 22.Severability.If any provision of this Agreement is held invalid or unenforceable,the remainder of this Agreement will remain in full force and effect. 23.Assignment.This Agreement is not transferrable or assignable by either party without the written approval of both parties. 24.Amendment.This Agreement may not be altered,changed or amended,except by an instrument in writing,signed by both parties hereto. 25.Arm's Length Transaction.This Agreement has been negotiated fully between the District and the Contractor as an arm's length transaction. In the case of a dispute concerning the interpretation of any provision of this Agreement,the parties are each deemed to have drafted,chosen,and selected the language, and any doubtful language will not be interpreted or construed against any party. 26.Counterparts.This Agreement may be executed in any number of counterparts,each of which when executed and delivered will be an original;however,all such counterparts together will constitute,but one and the same instrument. 27.Entire Agreement.This Agreement contains the entire agreement and neither party is to rely upon any oral representations made by the other party,except as set forth in this Agreement.This Agreement supersedes and subsumes any prior agreements.To the extent that any provisions of this Agreement conflict with the provisions in any exhibit,the provisions in this Agreement controls over provisions in any exhibit. Innersync Studio,LLC. d/b/a Campus Suite Heritage Bay Community Development District 10/31)2019 Steve Williams Date Print name Date VP of Marketing Exhibit A: Proposal for Services I[lll)lCmeIltotion Quantih Subtotal Onboarding of ADA Compliant Website and Remediation of 1 $1,512.30 Historical Documents • Migration website pages and present on a staged website for approval • Initial PDF Accessibility Compliance Service for 1500 pages of remediation Ongoing services Quantity subtotal Website services 1 $615.00 • Hosting, support and training for users • Website management tools to make updates • Secure certification(https) • Monthly site reporting,monitoring and error corrections Ongoing PDF Accessibility Compliance Service 750* $937.50 • Remediation of all PDFs stored on your website • Remediation of up toilet PDF pages 1,000 • Dashboard for reporting and managing all PDFs • 48-hour turnaround for fixes for board agendas • PDF manager dashboard Social Media Manager Included EXHIBIT A Statement of work 1. On-boarding of ADA Compliant Website and Remediation of Historical Documents.Contractor will deliver a functional,responsive,working ADA compliant website that can display content submitted to the Contractor by the District.At a minimum,the website and the documents on the website will: 1. Comply with the guidelines provided by Web Content Accessibility Guidelines 2.1,as amended and/or replaced by new releases from time to time("WCAG"); 2. Contain a website accessibility policy that includes:a commitment to accessibility for persons with disabilities,the accessibility standard used and applied to the website(at a minimum WCAG),and contact information of the District Manager or their designee(email and phone number)in case users encounter any problems; 3. Display an ADA compliance shield, seal,or certification; 4. Provide options to create a CDD-branded design(colors, logo,etc...) 5. Be accessible on modern versions of Internet Explorer, Edge,Mozilla, Safari,and Chrome web browsers and be"mobile friendly"and offer a "mobile version"of the sites content for access from tablets or smart phones. 6. Be free of any commercial advertising; 7. Be free of any known spyware,virus,or malware; 8. Secure certification(haps) 9. Secure cloud hosting with fail-overs 10.Allow for data backups,and record retention as required by law; IL Allow for the display a calendar,reservation request form,and newsletter; 12.Creation of a dashboard for the District to upload and remove content,manage all documents,manage document remediation,and review reports generated by the Contractor;and 13.Remediate 1500 pages identified by the District for the new website in an ADA compliant format.* 2. Domain Fee.The Contractor shall pay the annual fee for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the wcbsite; 1,000 2. Remediate in an ADA compliant format new documents(a not to exceed-71.50 pages per year) uploaded by the District Manager to the document portal;* 1. For Agenda Packages,the Contractor shall turn around the documents within 2 business days 3. District shall be responsible for uploading the documents onto the document portal for the website. Upon completion of the remediation services,Contractor shall ensure that the remediated documents are live on the website.Contractor shall ensure that the District only has the ability to upload documents to the document portal(not the ability to make documents go live on the website)or remove documents on the website and cannot alter any other aspect of the website; 4. Contractor will store all District data,including files,text and parameters;data will be backed-up on a separate storage system at regular intervals;and EXHIBIT A 5. The ADA compliant website will be on-line at all times unless maintenance or upgrades require it to be unavailable. When maintenance or upgrades require the website to be unavailable,Contractor will provide the District with reasonable advance notice in writing. 4. Monthly Auditing and Remediation Services. 1. Every month Contractor will comprehensively audit the website's compliance with(1) WCAG and(2) any applicable laws,rules,and regulations(including,the Department of Justice); 2. After the audit,Contractor will remediate any web accessibility deficiencies of the website or content on the website;and 3. The Contractor will provide a written report to the District that summarizes the audit and any remediations made. 5. Support Services. Contractor will supply telephone and/or email support to the District on a reasonable and necessary basis to within business hours—Monday to Friday 9 am to 6 pm EST,exclusive of holidays.The Contractor will provide a listing of detailed hours,holidays,and service availability on their website,and reserves the right to modify the times technical support is available. *If certain PDFs are not able to be fully remediated,Contractor shall work with the District to create a summary of the content in the PDF and provide contact information if anyone needs reasonable accommodations to access the full content within that PDF. EXHIBIT A ''---1 INNtI't-1 UN ID; HS ACCPR Q CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYYI 4.-.---- 11/01/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Murphy Insurance Agency NAME: Matthew J.Murphy 5767 Harrison Ave (A/C,N o,Ea) 513-574-3700 FAX No): 513-574-7955 Cincinnati,OH 45248 EMAIL ADDRss: Matthew J.Murphy INSURER(S)AFFORDING COVERAGE _ NAIC k INSURER Insurance 19259 • INSURED Innersync Studio Ltd. INSURER B: 752 Dunwoodie Drive Cincinnati,OH 45230 INSURER C • INSURER 0: INSURER E: I i INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TI IIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'ADDL.SUBR - - - - LTR TYPE OF INSURANCE POLICY EFF POLICY EXP) .�_ INSD WYD POLICY NUMBER -(MM/DD/YYYV) {MMlDD/VYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 1 DAMAGE TO RENTED CLAIMS-MADE X OCCUR X • IS S2301177 11/08/2018 11/08/2020 80,000 ! : I$ES)Ea occurrence) MEDM EXP(Any one one person) s 5,000 • 'PERSONAL&ACV INJURY 3 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. i I PRO :GENERAL AGGREGAT .$ 3,000,000 I POLICY X :JECT I I LOC ,PROOIICTS COMP/OP AGO 5 3,000,000 OTHER. , $ AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT $ -- (Ea accident) ANY AUTO I BODILY INJURY(Per person) $ ALLOWNED l... I SCHEDULED AUTOS AUT NON-OSOW - BODILY INJURY(Por accident)•$ I j NED I PROPERTY DAMAGE HIRED AUTOS ) i AUTOS i(Per accidentl $ S 1 I UMBRELLA LIAR i OC' CUR I EACH OCCURRENCE. $ EXCESS LIAR !CLAIMS-MADE: AGGREGATE S DED 1 1 RETENTION$ g WORKERS COMPENSATION i ,PER l OTH- ,AND EMPLOYERS'LIABILITY Y,/N ,I • STATUTE. '.. . ER ANY PR(PRIFTORIPARTNER/EXECUTIVE ,OFrICER/MEMBER EXCLUDED? J;N!A' L EACH ACCIDENT S (Mandatory In NH) EGL DISEASE-EA EMPLOYEE S I II yes.describe under _..._.. _.... I DESCRIPTION OF OPERATIONS below • 1 E.L.DISEASE-POLICY LIMIT i$ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is requlrod) Heritage Bay Community Development District and its officers and supervisors are named as Additional Insureds per ISO form CG2010(10-01).A 30-day written notice prior to any change or deletion of coverage will be sent to Heritage Bay Community Development District. CERTIFICATE HOLDER CANCELLATION HERITI1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Heritage Bay Community Development District c/o Inframark AUTHORIZED REPRESENTATIVE Matthew J.Murphy 210 N. University Dr,Ste.702 )Coral Springs,FL 33071 �/ ©1988-20 4 ACORD C•-••RATION. Al rig s reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Heritage Bay Community Development District and its officers and supervisors (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. Section II-Who is an Insured is amended to with such work, on the project (other include as an insured the person or organiza- than service, maintenance or re- tion shown in the Schedule, but only with re- pairs) to be performed by or on be- spect to liability arising out of your ongoing half of the additional insured(s)at the operations performed for that insured. site of the covered operations has B. With respect to the insurance afforded to been completed;or these additional insureds, the following exclu- (2) That portion of "your work" out of sion is added which the injury or damage arises 2. Exclusions has been put to its intended use by any person or organization other This insurance does not apply to "bodily than another contractor or subcon- injury" or "property damage" occurring tractor engaged in performing opera- after tions for a principal as a part of the same project, (1) All work, including materials, parts or equipment furnished in connection CG 20 10 10 01 t ISO Properties,Inc.,2000