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Backup Documents 03/10/2020 Item #16I 1 61 I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE March 10, 2020 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Cedar Hammock Community Development District: Meeting Agenda 01/17/2020 (continued from 01/13/20); Meeting Agenda 01/27/2020 (continued from 01/20/20) Meeting Minutes 01/13/2020; January 17, 2020 (continued from 01/13/20) 2) Enbrook Community Development District: Legal Notice Proposed CDD published Tuesday February 11, Tuesday, February 18, Tuesday, February 25 and Tuesday, March 3, 2020 3) Heritage Bay Community Development District: Meeting Agenda 11/07/2019 Meeting Minutes 11/07/2019 B. OTHER: 1) Code Enforcement Nuisance Abatement (Annual) Legal Notice: Legal Notice published Sunday, January 5, Sunday, January 19, Sunday, February 2 and Sunday, February 16, 2020 2) Collier County Housing Authority: Annual Filing Notice and 2020 Meeting Schedule 161 1 Al Cedar Hammock Community Development District Board of Supervisors Norman Day,Chairman Justin Faircloth,District Manager Quentin Greeley,Vice Chairman Sam Marshall,District Engineer Fred Bally,Assistant Secretary Dan Cox,District Counsel John Martino,Assistant Secretary Gene T.Bolton,Assistant Secretary Continued Meeting Agenda January 17,2020—2:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Old Business A. Bulkhead&Bridge Repair/Replacement Project Update i. Contract Discussion for Glase Golf ii. Contract Discussion for Artistic Structures iii. Contract Discussion for Kip Schulties Golf Design Inc iv. Bank Loan Discussion 5. New Business 6. Attorney's Report 7. Engineer's Report 8. Manager's Report A. Approval of the Minutes of December 9,2019 Meeting B. Acceptance of the Financials C. Follow Up Items 9. Supervisors Requests 10.Audience Comments 11.Adjournment Al 161 �. 04\11. .,iL Wi PART OF THE USA TODAY NETWORK Published Daily Naples,FL 34110 Notice of Meetings Cedar Hammock CEDAR HAMMOCK COMMUN ITY INFRAMARK Community Development 210 N UNIVERSITY DR 702 District The Board of Supervisors of the Cedar Hammock Corn- CORAL SPRINGS,FL 33071 munity Development District will hold their meetings for Fiscal Year 2020 at the Cedar Hammock Clubhouse, 8660 Affidavit of Publication Cedar Hammock Boulevard, STATE OF WISCONSIN Naples, Florida at 2:00 p.m.on the second Monday of the tot- COUNTY OF BROWN lowing months except as not- ed: Before the undersigned they serve as the authority, October 15,2019 2019 personally appeared said legal clerk who on oath says that Decemberrt9.019 he/she serves as Legal Clerk of the Naples Daily News, a January 13,2020 t,;��i q rq,.--v s 'b February 10,2020 µJ daily newspaper published at Naples, in Collier County, March 9,2020 i7 WO J.A.- Florida; distributed in Collier and Lee counties of Florida; April 13,2020 that the attached copy of the advertising was published in May tt,2020 said newspaper on dates listed. Affiant further says that the Thore may be occasions when osaid Naples Daily News is a newspaper published at pne imore Supervisors will ppedicipale by telephone. Naples, in said Collier County, Florida, and that the said Meetings may be continued time newspaper has heretofore been continuously published in which dwil beedannouncedtarn at said the meeting. Collier County, Florida; distributed in Collier and Lee In accordance with the provi- counties of Florida, each day and has been entered as sions of the Americans with second class mail matter at the post office in Naples, in Disabilities Act, any person re- quiring special acxommada- said Collier County, Florida, for a period of one year next bons at this meeting because Im- preceding the first publication of the attached copy of of a disability or physical pairrnent should contact the the advertisement; and affiant further says that he has neither District Management Compa- paid nor promised anperson, or corporation any discount, ny, I , Infrastructure Management Services at (954) rebate, commission or refund for the purpose of securing 603-0033. II you are hearing this advertisement for publication in the said newspaper. or speech Impaired, please contact the Florida Relay Serv- ice at 7-1-1 for aid In contact- Published:September 20,2019 ing the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of Subscribed and sworn to before on September 20,2019: the proceedings and that ac- cordingly, the person may need to ensure that a verba- tim record of the proceedings is made, including the testi- mony and evidence upon i)ri. .n V vt uv (..0-1 ;x:.t -) which such appeal is to be based. Notary,Slate ofWl,County of Brown Justin Faircloth District Manager SRA MOND! oci-I 2 9 01 Nola!, Public: g$6�0� State of Wisconsin My commission expires August 6,2021 Publication Cost$234.50 Ad No:0003586506 Customer No:1304217 PO#: FY2020 Meetings 6 1 A AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and Artistic Structures, Inc. 8415 SW Riverside Drive Arcadia, Florida 34269 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONTRACTOR shall complete all Work as specified or indicated In the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT ARTICLE 2. ENGINEER 2.1 The Project has been designed by Kipp Schulties Golf Design, Inc, 123 Andros Harbour Place, Jupiter, FL 33458, who is hereinafter called PROJECT COORDINATOR and who will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR .in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Subject to OWNER receiving funding, the Work will commence on February 18, 2020 and be substantially completed by July 1, 2020, and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions July 31, 2020. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3,1 above, plus any CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01172020.doc 161 1 A extensions thereof allowed in accordance with Article 1 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars($1,000.00)for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work Is substantially complete, ARTICLE 4, CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance and completion of the Work in accordance with the Contract Documents in current funds as specified by the unit price schedule Bid Form which is an exhibit to this agreement and is part of the Contract Document. The total of the unit price Contract is $352,300.00. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions as modified by the Supplementary Conditions. Applications for payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER,on or about the fifteenth day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.1 of the General Conditions. 5.1.1. Prior to and upon Substantial Completion, progress payments will be in an amount equal to 90%of the Work completed in accordance with Paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 4.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6. CONTRACTOR'S REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner my affect cost, progress and performance of the Work. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as he deems necessary for the performance of the Work at the Contract price, within the Contract time and in accordance with the other terms and CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Users\dmanza\AppData\Local\MIcrosoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01 l72020.doc 161 1 Al conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked all information and data shown or Indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Under- ground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar Information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms, and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. 6.4 CONTRACTOR has correlated the results of all such observations,examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents, 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER and is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 7.1 This agreement(pages A-1 to A-5, inclusive) Bid Form (pages B-1 to B-9) 7.2 General Conditions(pages 1 to 44, Inclusive) 7.3 Supplementary Conditions(pages SC-1 to SC-6, inclusive). 7.4 General Specifications(Pages GS-1 to GS-11, inclusive). 7.5 Collier County Site Development Permit (Pending), including all drawings submitted as part of the Permit approval. 7.6 South Florida Water Management District Permit (Pending), including all drawings submitted as part of the Permit approval 7.7 Forge Engineering Geotechnical Report, Proposed Bulkhead Wall Replacement Project, Cedar Hammock Community, Dated October 30, 2018. 7.8 Banks Engineering Cedar Hammock Wall Replacement Survey Dated January 27, 2017. 7.9 KSGDI Cedar Hammock CDD Presentation of Concepts October 6, 2019. CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01 172020.doc 161 1 Al 7.10 KSGDI 2020 Cedar Hammock CDD Bid Documents Updated October 7, 2019. 7.11 BSLLC Contractor Bid Form-Cedar Hammock. 7.12 BSLLC Contractor Bid Form-Bridge Repairs. 7.13 BSLLC Base Bid Bridge Section. 7.14 BSLLC Alternate Bid Bridge Section(H 10). 7.15 BSLLC TanDeck Brochure Digital 11_05_15. 7.16 BEI MAP EXHIBIT, Cedar Hammock Drainage exhibit 1/14/2019. Exhibit"D" -Contractor's Application for Payment Exhibit "E" - Insurance Requirements, which must name the District and Cedar Hammock Golf and Country Club Master Association, Inc., as additional insureds. Exhibit"F"-Waiver& Release of Lien Upon Final Payment and Waiver&Release of Len Upon Progress Payment Exhibit"G"-Contract Change Order Form There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions.) ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself,his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 8.4 CONTRACTOR shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work CEDAR HAMMOCK Bridge and Bulkhead Replacement A-4 C:\Users\dmanzo\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHV39\1263CDD_05_Agreement Artistic Structures modified 01 172020.doc 161 1 Al Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 8.5 CONTRACTOR agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records, providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law; by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONTRACTOR does not transfer the records to the DISTRICT;and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records In possession of the CONTRACTOR or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONTRACTOR transfers all public records to the DISTRICT upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records,in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective on , 2019. OWNER: CONTRACTOR: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: Address for Given Notices: Address for Given Notices: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 CEDAR HAMMOCK Bridge and Bulkhead Replacement A-5 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01172020.doc 161 . Al (License No. and State) CEDAR HAMMOCK Bridge and Bulkhead Replacement A-6 C:\Users\dmanza\AppDota\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Artistic Structures modified 01172020.doc 161 1 Al AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and Kipp Schulties Golf Design, Inc 123 Andros Harbour Place Jupiter, FL 33458 (hereinafter called CONSULTANT) OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONSULTANT shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT Continued Design, Construction Coordination and Project Accounting ARTICLE 2. ENGINEER 2.1 The Project has been designed by CONSULTANT, who is hereinafter called PROJECT COORDINATOR and who will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT PRICE 3.1 Subject to OWNER receiving funding, OWNER shall pay CONSULTANT for performance and completion of the Work in accordance with the proposal dated November 8, 2019, which Is incorporated herein, in as part of the Contract Document. ARTICLE 4 PAYMENT PROCEDURES CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Users\dmanza\AppData\Local\Mlcrosof\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Shulties modified 0)162020(003).doc 1 61 1 Al CONSULTANT shall submit Applications for Payment monthly. Applications for payment will be processed by the District Manager and paid within thirty days of the District Manager's approval. ARTICLE 5. MISCELLANEOUS 5.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 5.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 5.3 OWNER and CONSULTANT each binds himself, his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 5.4 CONSULTANT shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 5.5 CONSULTANT shall obtain and maintain the insurance coverages described in Exhibit B, naming DISTRICT as an additional insured. 5.5 CONSULTANT agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law; by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONSULTANT does not transfer the records to the DISTRICT; and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records in possession of the CONSULTANT or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement,the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Shuffles modified 01162020(003).doc 161 1 Al DISTRICT's Custodian of Public Records,in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACT THE DISTRICTS CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective on , 2019. OWNER: CONSULTANT: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Shulties modified 01162020(003).doc 1 61 1 A SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions and other provisions of these Contract Documents as indicated below. All provisions of the Standard General Conditions which are not so amended or supplemented remain in full force and effect. ARTICLE 1 -DEFINITIONS AND TERMINOLOGY The terms used in these Supplementary Conditions which are defined In the Standard General Conditions have the meanings assigned to them in the Standard General Conditions, 1.01 Defined Terms Add the following definition: 51, Plans-A term which may be used interchangeably with the terms"Drawings" and which will have the same meaning. ARTICLE 2-PRELIMINARY MATTERS Delete the third sentence of Paragraph 2.03 in Its entirety. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.02 A. Subsurface and Physical Conditions No subsurface explorations have been made by ENGINEER in the preparation of the Contract Documents. CONTRACTOR has, however, conducted its own investigation of both surface and subsurface conditions and has based its bid thereon. All provisions in this section as to possible relief due to differing subsurface conditions are not applicable as CONTRACTOR's bid is based on performance. ARTICLE 5- BONDS AND INSURANCE 5,05 OWNER'S Liability Insurance Delete Paragraph 5.05 in its entirety. 5.06 Property Insurance Delete Paragraphs 5.06A, 5.06,B and 5,06.0 in their entirety. Delete Paragraph 5.06.E of the General Conditions in its entirety. 5.07 Waiver of Rights Delete Paragraph 5.07 of the General Conditions in its entirety. 5.08 Receipt of Application of Insurance Proceeds Delete Paragraph 5.08.A of the General Conditions in its entirety. Delete the second sentence of Paragraph 5.08.B. CEDAR HAMMOCK CDD SC-1 C:\Users\dmanza\AppCata\Local\Microsoft\Windows\INetCache\Content.Outiook\AOa0HY39\1263CDD_SupplementaryConditions modified 01152020.doc 161 1 A ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 6.02 Labor; Working Hours Delete paragraph 6.02.B in its entirety. Add new paragraphs immediately after 6.02.B of the General Conditions reading as follows: 6,02.0 Suitable qualified personnel means the survey work must be supervised by a Surveyor, registered in the State of Florida, meeting the ENGINEER'S approval. 6.02.D All construction layout work shall meet or exceed the minimum technical standards as set forth in Chapter 21 HH, Florida Administrative Code. 6.08 Permits Replace paragraph 6.08.A with the following: A. OWNER shall obtain and pay for applicable impact fees and all permits required for the approval of the construction plans and specifications and the issuance of applicable permits by County and State regulatory agencies. OWNER shall also pay applicable inspection fees necessary for the prosecution of the Work. OWNER either has secured or will secure permits from South Florida Water Management District (ERP), from Collier County (site work permit), and from Florida Department of Environmental Protection (NPDES). CONTRACTOR is responsible for obtaining any additional construction permits including, but not limited to, Building Permits, including any required bonds. 6.12 Record Documents Delete the last sentence of paragraph 6.12.A. Add the following paragraph: 6.12.B. CONTRACTOR shall be responsible for preparing and delivering to ENGINEER final record drawings meeting the requirements hereof and all tests results required by the Specifications prior to the notification of Substantial Completion pursuant to Section 14.04 A. ARTICLE 12-CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price Add the following paragraphs at the end of paragraph 12.01.6.3 12,01.6.4 Whenever a change in the Work is to be based on mutual acceptance of a lump sum pursuant to Paragraph 12.01.6.2, whether the amount is an addition, credit or no change-in-cost, CONTRACTOR shall submit an estimate substantiated by a complete itemized breakdown, The breakdown shall list quantities and unit prices for materials, labor, equipment, overhead and other items of cost. 12.01.6.5 Whenever a change Involves the CONTRACTOR and one or more SUBCONTRACTOR'S and the change is an increase in the Contract Price, overhead and profit percentage for the CONTRACTOR and each SUBCONTRACTOR shall be itemized separately, CEDAR HAMMOCK CDD SC-2 C\Users\dmanza\AppData\Local\Microsoft\Windows\INetCoche\Content.Outlook\AOP3HV39\1263CDD_SupplementaryConditions modified 01152020.doc 161 1 12.02 Change of Contract Time Add the following to the end of paragraph 12.02.B: The time lost due to delays beyond the control of the CONTRACTOR will be considered to be equivalent to the number of days the path of critical events is lengthened by the delay regardless of the duration of the delay. CONTRACTOR shall indicate this path of critical events, by diagram or narrative, in such detail as may be necessary to justify the claim and establish the number of days delay. The path of critical events is defined as that series of interdependent construction events which must be sequentially performed requiring a longer total time to perform than any other series. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.03 Tests and Inspections Add the following language at the end of paragraph 13.03.A: "Timely Notice" shall mean communication of intent within 48 hours. Delete Paragraph 13.03.8 in its entirety and add in its place: B. The cost of all geotechnical and material testing shall be paid by owner. Contractor is responsible for all other tests required by the Contract Documents and for scheduling all testing. Testing shall be initially paid by the CONTRACTOR and reimbursed by OWNER for all passing tests pursuant to the Bid Schedule. The testing shall be performed by a certified laboratory and all tests shall be signed and sealed by a Florida licensed professional ENGINEER. Delete Paragraph 13.03.0 in its entirety and add in its place: C. Inspections by ENGINEER notwithstanding, portions of the Work which are covered by existing governmental agency permits will not be considered complete until it is inspected and/or approved by the appropriate agencies. CONTRACTOR may not, therefore, request ENGINEER to issue a Certificate of Substantial Completion on the Work or any portion thereof pursuant to Section 14.04 A. until it has delivered all test results to ENGINEER and the Work has been approved. CONTRACTOR shall, therefore, assume full responsibility for arranging and obtaining such inspections, tests or approvals. So as to facilitate the testing of the Work and the establishment of conformance of the construction with the applicable regulations, CONTRACTOR shall arrange for portions of the Work to be inspected and approved as construction progresses, ARTICLE 14- PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 Progress Payments A. Applications for Payments Replace paragraph 1. with the following: 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by the results of the testing of the Work CEDAR HAMMOCK CDD SC-3 C\Users\dmanza\AppData\Local\Microsoft\Windows\I NetCoche\Content.Outlook\AOPOHY39\1263CDD_SupplementaryCondltions modified Ol 152020.doc 161 1 A 1 pursuant to Paragraph 13.03 B. and field survey data proving conformance of the Work with the requirements of the Contract Documents. Progress payments may not include the cost of materials and equipment not incorporated in the Work. B. Payment Becomes Due Delete the language "Ten days" in paragraph 14.02.C.1 and replace with the language "Thirty (30) days". ARTICLE 16-DISPUTE RESOLUTION 16.01 Methods and Procedures Delete paragraph A. and replace it with the following: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.07) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining, subject to the limitations of this Article 16. This Agreement so to arbitrate and any other Agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER Initially for decision in accordance with paragraph 9.09 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.09; and the failure to demand arbitration within said thirty days period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.08 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.08. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for information will be made within the thirty-day or ten-day period specified in paragraph 16,2 as applicable, and in all other cases within a reasonable time after the claim dispute or other matter in question has arisen and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. CEDAR HAMMOCK CDD SC-4 C,\Users\dmanza\AppData\Locol\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\I263CDD_SupplementaryCondltions modified Ol 152020.doc 161 1 Al 16.4, Except as provided In paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER'S Consultant and the officers, directors, agents, employees or consultants of any of them)who is not a party to this Contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; and 16,4.2, such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and 16,4.3, the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such Inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5, Notwithstanding paragraph 16,4, if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a SUBCONTRACTOR, either OWNER or CONTRACTOR may join such SUBCONTRACTOR as a party to the arbitration between OWNER and CONTRACTOR hereunder, CONTRACTOR shall include in all Sub-Contracts required by paragraph 6.11 a specific provision whereby the SUBCONTRACTOR consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such SUBCONTRACTOR, Nothing in this paragraph 16.5 nor in the provision of such Sub-Contract consenting to joinder shall create any claim, right or cause of action in favor of SUBCONTRACTOR and against OWNER, ENGINEER or ENGINEER'S Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final. Judgment may be entered upon it in any court having jurisdiction thereof and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("'disputes") to mediation by The American Arbitration Association under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16,6, unless delay in Initiating arbitration would irrevocably prejudice one of the parties. The respective thirty- and ten-day time limits within which to file demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such CEDAR HAMMOCK CDD SC-5 C\Users\dmanza\AppData\Local\Microsoft\Windows\I NetCac he\Content.Outlook\AOPOHY39\1263CDD_SupplementaryConditions modified 01152020.doc 6 1 1 Al dispute unless otherwise agreed. CEDAR HAMMOCK CDD SC-6 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outiook\AOPOHY39\1263CDD_SupplementaryConditions modified 01152020.doc 161 . Al GENERAL SPECIFICATIONS GS-1 SCOPE The General Specifications describes the CONTRACTOR'S responsibilities for all work under this Contract in addition to the more specific requirements of the Technical Specifications. GS-2 DEFINED TERMS The terms used in these General Specifications and Technical Specifications which are defined in the General Conditions have the meanings assigned to them in the General Conditions. GS-3 STANDARD SPECIFICATION REFERENCE All work, materials and construction methods will be in general conformance with the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction," latest edition, hereinafter referred to as F.D.O.T. Specifications or F.D.O.T. Section for any particular section reference. Some work materials and construction methods will be in strict conformance with the F,D.O.T. Specifications as set forth in the Technical Specifications by the applicable F.D.O.T. Section Numbers. Where F.D.O.T. Section cited contains references to other Sections,they shall also be included as though cited herein. Where F.D.O,T, Specifications refer to the "Engineer," "Engineer of Tests," or "Division of Tests," it shall be understood to mean the ENGINEER as such in the Agreement. Where F,D.O.T. Specifications refer to the "Department," it shall mean the OWNER as set forth in the Agreement. In case of conflict between the referenced F,D,O.T.Specifications and the Contract Documents, the Contract Documents shall govern. Reference to A.A.S,H,T.O. and A.S.T.M are to the latest editions of published Tests of the American Association of the State Highway and Transportation Officials and the American Society for Testing Materials, respectively. GS-4 MAINTENANCE OF TRAFFIC The CONTRACTOR shall maintain traffic within the limits and adjacent to the construction as required by and in accordance with F.D.O.T.Section 102, Federal Highway Administration Manual on Uniform Traffic Control Devices Part VI, and any applicable local regulations. The CONTRACTOR shall perform all construction activity so that access to the homes and offices can be maintained at all times and access to occupied homes can be maintained during non-working hours. Prior to access blockage, written notice will be given to the blocked resident a minimum of 48 hours in advance, either mailed or hand delivered with a copy of each furnished to the ENGINEER. GS-5 TREE AND SHRUB PROTECTION A. CONTRACTOR shall exercise care to protect all trees and shrubs designated to remain or not required to be cleared for construction. Trees and shrubs outside CEDAR HAMMOCK CDD GS-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Cutlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc X61 1 Al construction limits shall remain and shall be protected, and where damaged, restored to original condition. Trees damaged within the construction limits due to negligence shall be restored to original condition. B. Tree limbs which interfere with construction operations and are approved for pruning shall be neatly cut with sharp pruning instruments;do not break or chop. All cut faces shall be coated with an approved tree pruning compound which is waterproof, antiseptic, elastic and free of kerosene, coal tar, creosote and other substances harmful to plants. Pruning operations shall be extended to restore the natural shape of the entire tree or shrub. C. CONTRACTOR shall protect tree and shrub root systems. Do not store construction materials,debris or excavated materials beyond construction limits. Do not permit vehicles or construction equipment beyond the limits of utility construction. Restrict foot traffic to prevent excessive compaction of soil over root system. Excavated material shall be stockpiled away from tree drip lines as approved by the ENGINEER. Protect tree and shrub root systems from damage due to noxious materials in solution caused by runoff or spillage during construction, operations or drainage from stored materials. Protect root systems from flooding, erosion or excessive wetting resulting from dewatering operations. Excavate within the drip line of trees only when approved by the ENGINEER. Where trees are designated to remain within the limits of construction and trenching for utilities is required within tree drip lines, cut roots with sharp pruning instruments; do not break or chop. Paint roots over 2"caliper with approved tree pruning compound. D. Trees damaged by construction operations shall be repaired promptly after damage occurs to prevent progressive deterioration of damaged trees. Removed trees, branches, roots and other excess materials shall be removed from the con- struction site to an approved landfill at the expense of the CONTRACTOR. GS-6 DAMAGE TO EXISTING STRUCTURES AND UTILITIES The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, buildings, telephone or other cables, water pipes, sanitary pipes or other structures which may be encountered,whether or not shown on the Drawings, Information shown on the Drawings as to the location of existing utilities has been prepared from the most reliable data available to the ENGINEER. This information is not guaranteed, however, and it shall be this CONTRACTOR'S responsibility to determine the location, character and depth of any existing utilities. He shall assist the utility companies by every means possible to determine said locations. Extreme caution shall be exercised to eliminate any possibility of any damage to utilities resulting from his activities. GS-7 ADJUSTMENT OF GRADES Adjustments of grades shown on drawings may be necessary to conform to actual field conditions or to maintain cover under proposed future grades. Such adjustments shall be CEDAR HAMMOCK CDD GS-2 C:\Users\dmanzo\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 161 Al considered part of the job conditions and no extra compensation will be allowed for such changes except where specifically otherwise noted in the plans or specifications. Such adjustments must be approved by the ENGINEER prior to being made. GS-8 TRENCH EXCAVATION AND BACKFILLING 8.1 Protection of Existing Improvements Prior to excavating any section of work, the CONTRACTOR shall call all applicable underground utility companies and inform them that work on the specific section is about to commence and request that they field locate their utilities in the area. When proceeding with the work, the contractor shall exercise caution to protect all underground and overhead utilities and existing structures from damage. The CONTRACTOR shall provide all sheeting, shoring and bracing that may be required to properly protect adjacent property and structures. The CONTRACTOR shall repair to the satisfaction of the OWNER any surface or subsurface improvements damaged during the course of the work(unless such improvement is shown on the drawing). Should any utilities be encountered that are not shown on the drawing,the CONTRACTOR shall immediately notify the ENGINEER and shall take whatever caution necessary to protect the utility. 8.2 Trench Excavation All trenches will be open cut except where the ENGINEER gives written permission for tunneling. Unless otherwise specified, the CONTRACTOR may use the type of equipment he considers best to perform the excavation provided it is done within the work limits shown. The trenches should be at 12"above the pipe, no wider than 1 2"plus the outside diameter of the pipe unless otherwise required for the safe and proper execution of the work. 8_3 Pipe Bedding Perform final grading of trench bottoms by hand tools. Carry machine excavation only to such depth that soil bearing for pipes will not be disturbed. Grade the bottom of trenches evenly to insure uniform bearing for all pipes. Cut holes as necessary for joints and joint making. (1)As an alternate method,option with the CONTRACTOR,excavate trenches to at least 4 inches below the required bottom levels and refill to the proper grade with sand and gravel firmly compacted. (2) In Rock, cemented gravel, old masonry or other hard material, excavate to at least 4 inches below the pipe at all points and refill to grade with sand and/or gravel firmly compacted. (3) In fill containing refuse, organic matter or similar substances, or any other material deemed unsuitable by the ENGINEER, shall be removed and clean fill or CEDAR HAMMOCK CDD GS-3 C:\Users\dmanza\AppData\Local\Microsoft\Windows\I NetCac he\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 161 9. A gravel placed in the trench and firmly compacted. 8A Soil Materials for Trench Backfilling 1. Satisfactory trench backfill materials are defined as those soils complying with American Association of State Highway and Transportation Officials(AASHTO)Soil Classification Groups A-1, A-2, A-3, A-4, A-5, A-6, A-7-5 or A-7-6 providing such materials have a liquid limit not greater than 50, nor a plastic index not less than 7 nor greater than 20. Satisfactory soil materials shall be free of debris,waste, rock or gravel larger than 4 inches in any dimension. 2. Select materials are defined as those materials meeting the requirements for satisfactory trench backfill materials except that the material shall be free of rock or gravel larger than 2 inches in any dimension. Select materials from an offsite source shall be used for all utility backfill. 3. Unsatisfactory soil materials are defined as rock greater than 4 inches in any dimension, organic materials or soil materials with a liquid limit greater than 50, and/or plastic index less than 7 or greater than 20, 4. Granular Pipe Bedding Material - Granular pipe bedding material shall be well graded crushed stone or crushed gravel meeting the requirements of ASTM Designation C-33, Graduation No. 67 (3/4 inches to No. 4 Sieve). 8.5 Rock Excavation Material to be excavated hereunder in trenches for utilities shall include earth,rock or any other material encountered in excavating to the depth and extent indicated on the drawings and herein specified. No adjustment in the contract price will be made on account of the absence or presence of rock, shale, masonry or other materials. In the case of any change ordered in writing by the ENGINEER in the quantity of excavation,the excavation involved shall be unclassified;the value shall be determined,and the contract price will be adjusted as provided in the general conditions, Rock excavation for structures other than manholes shall be carried a minimum of 6"below the bottom of the structure. Rock excavation for sanitary manholes shall be a minimum of 12"below the bottom of the structure. The excavation will be brought back to grade with crushed gravel or sand. Any excess rock(larger than 4" in diameter)beyond that used in the fill areas of the project shall be disposed of off site. CONTRACTOR is responsible for the transportation of all rocks to the rock burial area, including all trenching and placement of rock in the burial area. Excavation and backfilling of the rock burial areas will be provided by CONTRACTOR. 8_6 Water Removal CONTRACTOR shall keep trenches free from water while construction is in progress. Under no circumstances lay pipe or appurtenances in water. Pump or bail water from trench and bell holes to permit proper jointing of pipes. Conduct the discharge from trench dewatering to drains or natural drainage channels. The CONTRACTOR shall provide CEDAR HAMMOCK CDD GS-4 C:\Users\dmanza\AppData\Local\Microsoft\windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020,doc 16J Al adequate equipment for removal of storm or surface water from the excavation area. If subsurface water is encountered,the CONTRACTOR shall use approved means to dewater the excavation. A well point system or other approved equipment shall be installed, if necessary, to maintain the excavation in a dry condition for placing structures and installing lines, The CONTRACTOR shall perform all dewatering operations so as not to cause injury to public or private property or cause a nuisance or menace to the public and he shall be solely responsible for obtaining any approvals or permits required for the disposal of water removed from the excavations.All dewatering activities shall be considered incidental to structure installation and will be considered to be included in the unit prices for pipe or structure installation, 8.7 Shoring Unless trenches banks are cut back on a staple slope,CONTRACTOR shall sheet and brace trenches as necessary to prevent caving or sliding,to provide protection for workmen and the pipe,and to protect adjacent structures and facilities, Do not brace sheeting against the pipe but brace it so that no concentrated loads of horizontal thrust are transmitted to the pipe. It a portable metal box is used for bracing the slopes,take care not to disturb the pipe when the box is removed. All trenching and shoring shall be in accordance with OSHA requirements. 8_8 Disposition of Utilities Rules and Regulations governing the respective utilities shall be observed In executing all work under this heading. Active utilities, if encountered,shall be protected in accordance with written instructions of the ENGINEER (See GENERAL CONDITIONS). Inactive and abandoned utilities encountered in trenching operations shall be removed, plugged or capped. In absence of specific requirements, plug or cap such utilities lines at least 3 feet from utility to be installed or are required by local ENGINEERs. 8,9 Excess Excavated Material Unless otherwise specified, all suitable excavated material in excess of the needs for backfill and area fill shall become the property of the OWNER. All unsuitable material for backfill or area fill shall become the property of the CONTRACTOR and shall be removed from the project. 8.10 Backfilling Backfilling trenches only after piping has been inspected,tested and locations of pipe lines and appurtenances have been recorded unless otherwise approved by ENGINEER. CONTRACTOR shall follow all Collier County Utilities requirements for utility backfill. Pipes should be backfilled a minimum of 12"above the top of the pipe immediately after laying with select backfill material. The backfill material shall be clean sand with a moisture content of eight to eleven percent.The first 12"of backfill shall be placed in a maximum of 6 layers; backfill shall be tamped under and around the pipe carefully and uniformly so as CEDAR HAMMOCK CDD GS-5 \Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPCHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 161 IAI to eliminate the possibility of any lateral displacement or settling. The remainder of the trench,with the exception of the upper foot,shall be backfilled with satisfactory trench backfill material. In the event it is the ENGINEER'S opinion that sufficient suitable material herein specified for trench backfill is not available from trenching or other excavation for the project, he may require the CONTRACTOR to supply and place the requisite additional material. All backfill shall be placed in 12"layers and compacted an average maximum density of 95% as determined by AASHTO Method T180 (Modified Projector). The backfill in the top 1'shall be the same material as specified for backfilling around the pipe. Backfill under areas to be paved shall be compacted to a minimum density of 95%as determined by AASHTO Method T18- (Modified Proctor). 8.11 Compaction Testing Failure of CONTRACTOR to backfill by above methods may obligate CONTRACTOR to supply compaction tests as required by ENGINEER if not already required by the Technical Specifications. All soil tests will be made by a laboratory approved by the ENGINEER. Costs of testing will be paid by the CONTRACTOR. 8.12 Site Restoration All construction areas will be cleared of material and debris and brought to uniform grade within 72 hours after the backfill has been placed unless additional time is obtained from the ENGINEER In writing. Ditches shall be finished to drain readily. All construction areas will be restored to their original condition or better. All property improvements including water lines, inlets, driveways, headwalls, culverts, ditches, sidewalks,walkways,curbing,and mailboxes damaged during construction will be restored to the same or better condition they were in prior to construction. Shrubbery,fencing,signs irrigation systems and other appurtenances belonging to private property OWNERS located within the contract limits will be the responsibility of the CONTRACTOR. 8.13 Driveway Reconstruction Concrete driveways shall be repaired with Class II concrete conforming to F.D.O.T. Specifications,Section 345. The thickness shall match the original driveway thickness but in no case shall it be less than 5 inches. Concrete will be reinforced with 6x6x1 Ox10 welded wire mesh. All joints shall be straight line vertical saw cut, Asphalt and bituminous surface treated driveways shall be repaired with 6"limerock or shell base primed and paved with a minimum of 1" Type II asphaltic concrete. Construction shall conform to F.D.O.T.Specifications,Section 200,300 and 332. All joints shall be straight line vertical saw cut. All other driveways except those of natural existing material shall be repaired with 6" of compacted shall. All joints to be neatly blended. Any driveways of special construction CEDAR HAMMOCK CDD GS-6 C:\Users\dmanza\AppData\Local\Microsoft\Windows\I NetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 161 . Al using stone, or any other material shall be repaired with the same or better-quality construction as the existing driveway. 8.14 SUBMITTALS TO ENGINEER The following Submittals must be sent to the ENGINEER by CONTRACTOR as set forth in the Supplementary Conditions, prior to the ENGINEERS inspection, for pay request of any associated item: 1. Embankment Compaction Test, 2. Storm Sewer Backfill Compaction Test, 3. Trench Backfill Compaction Tests. 4. Pre-cast Structures Shop Drawings. Prior to Final Acceptance: 5. Any documentation required by Collier County. 8.15 PROJECT COORDINATOR All change orders and pay request must be submitted to and approved by the Project Coordinator. GS-9 PROJECT RECORD 9.1 Description Definitions: Record copies are defined to include those documents or copies relating directly to performance of the work which CONTRACTOR is required to prepare for the OWNERS records, recording the work as actually performed. Record copies shall show all changes In the work from that shown and specified by original contract documents; and show additional information of value to OWNERS records, but not indicated by original contract documents. Record copies include newly prepared drawings, marked up copies of contract drawings, shop drawings, specifications, addenda and change orders, marked up product data SUBMITTALS,field records for variable and concealed conditions such as excavations and CEDAR HAMMOCK CDD GS-7 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Oullook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 1611 Al foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all, Certain individual sections of these specifications may indicate specific record copy requirements which extend requirements of this section, CONTRACTOR shall provide accurate survey information showing locations and elevations of all underground utility lines, including elevations, location and change of direction of piping, conduit, valves, fittings, tanks and manholes, 9_2 Record Drawings Markup Procedure: During progress of the work, maintain a complete blueline set of contract drawings and shop drawings with markup of actual installations which vary from the work as originally shown. 9.3 Record Specifications During progress of the work, maintain one copy of specifications including addenda, change orders and similar modifications issued in printed form during construction, and markup variations(of substance) in actual work in comparison with text of specifications and modifications as issued, Identify substitutions, selection of options and similar information, 9.4 Record Product Data During progress of the work, maintain one copy of each product data submittal and markup significant variations in the actual work in comparison with submitted information. Include both variations in product as delivered to site and variations from manufacturers' instructions and recommendations for installations, Identify concealed products and portions of the work which cannot be identified after concealment. Note related change orders and markup. GS-10 SITE CLEANUP AND RESTORATION In addition to the cleaning up requirements set forth in the "General Conditions," the CONTRACTOR at all times, shall keep the working area free of tools, materials and equipment not essential to the progress of the work. Debris, waste materials and rubbish shall be properly disposed of and not allowed to accumulate, If the CONTRACTOR should fail to do this,the OWNER will make the necessary arrangements to affect the cleanup by others and will back charge the cost to the CONTRACTOR. If such action becomes necessary on the part of and in the opinion of the OWNER, the OWNER will not be responsible for the inadvertent removal of material which the CONTRACTOR would not have disposed of had he affected the required cleanup. Where material or debris has washed or flowed into or been placed in water courses, ditches, gutters, drains, catch basins or elsewhere as a result of the CONTRACTOR'S operations,such material or debris shall be entirely removed and satisfactorily disposed of during progress of the work and the ditches, channels, drains, etc., kept in a clean and CEDAR HAMMOCK CDD GS-8 C.\Users\dmanza\AppData\Local\Microsoff\Windows\INetCache\Content.Outlook\AOP0HV39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 161 i Al neat condition. On or before the completion of the work, the CONTRACTOR shall, unless otherwise especially directed or permitted in writing,tear down and remove all temporary buildings and structures built by him;shall remove all temporary works,tools and machinery or other construction equipment furnished by him;shall remove,acceptably disinfect and cover all organic matter and material containing organic matter in, under and around privies, houses,and other buildings used by him;shall remove all rubbish from any grounds he has occupied; and shall leave the roads and all parts of the premises and adjacent property affected by his operations, in a neat and satisfactory condition. GS-11 SURVEY REQUIREMENTS See GS-12 Below. GS-12 REFERENCE POINTS AND CONSTRUCTION STAKING CONTRACTOR will be responsible for all construction staking.The CONTRACTOR'S stakeout work shall be included in the contract unit price for the various items of work to which it is incidental unless a specific line item for surveying is included in the agreement. GS-13 USE OF EXPLOSIVES Blasting is prohibited on this project, GS-14 CONTROL OF MATERIALS The Control of Materials shall conform to F.D,O.T. Specifications, Section 6. GS-15 ADDITIONAL LEGAL REQUIREMENTS AND RESPONSIBILITY TO THE PUBLIC Additional legal requirements and responsibility to the public shall conform to F.D.O.T. Specifications, Section 7, with the following exceptions unless otherwise set forth in the Technical Specifications. Delete 7-13, 7-14, 7-16, 7-17, 7-22, and 7-23. GS-16 LIMITATION OF OPERATIONS Limitation of operations shall conform to F.D.O.T,Specifications in Section 8-4.1 through 8- 4.8. GS-17 SAFETY AND HEALTH REGULATIONS The CONTRACTOR shall comply with the Department of Labor Safety&Health Regulations for construction promulgated under the Occupational Safety&Health Act of 1970(PL91- CEDAR HAMMOCK CDD GS-9 C\Users\dmanza\AppDota\Loco\Microsoft\Windows\INetCache\Content.Outook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 1 61 1 A .. 596)and under Section 107 of the Contract Work Hours&Safety Standards Act(PL91-54). All equipment furnished and installed under this contract shall comply to Part 1910, Occupational Safety& Health Standards&Amendments thereto. All trench safety measures for the protection of the CONTRACTORS employees and the public are the sole responsibility of the CONTRACTOR. GS-18 STATE AND FEDERAL PERMITS Construction in State Department of Transportation rights-of-way,construction in wetlands and navigable water bodies will be governed by applicable State and Federal permits. All conditions set forth on the permits shall be a part of the contract and they shall be attached by addendum. GS-19 INSPECTION The authorized representatives and agents of the OWNER, ENGINEER, interested utility companies, Environmental Protection Agency and Controlling State and Local Pollution Control Agencies shall be permitted to inspect all work, material, payrolls, records or personnel, invoices of materials and other relevant data records. GS-20 ENVIRONMENTAL PROTECTION 20.1 General A. CONTRACTOR shall comply with all federal, state and local laws and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution of streams, lakes, ponds and reservoirs with fuels, oils, bitumens, chemicals or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter, In the event of conflict between such laws and regulations and the requirements of the specifications, the more restrictive requirements shall apply. Environmental protection requirements specified in other sections shall be considered as supplementing the requirements of this section. B. If temporary pollution control measures are ordered by the ENGINEER and fall within the specifications for a work item that has a unit contract price, the work shall be accomplished under the respective item of work subject to the limitations as defined in the contract's general provisions. If the additional work is such that no quantities or prices were given in the Contract, the work shall be covered by a change order submitted by the CONTRACTOR and approved by the OWNER. Should the parties be unable to agree on unit prices or if this method is impractical, the ENGINEER may instruct the CONTRACTOR to proceed with the work by day labor or force account as defined in Article 11.4 of the General Conditions. C. Failure of the CONTRACTOR to fulfill any of the requirements of this section may result in the OWNER or ENGINEER ordering the stopping of construction operations In accordance with Article 13 of the GENERAL CONDITIONS. CEDAR HAMMOCK CDD GS-10 C\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Ouflook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 161 1AI D. In the event that temporary erosion and pollution control measures are required due to the CONTRACTOR'S negligence, carelessness or fallure to install permanent controls in a timely manner or are required due to the construction method or procedure being utilized by the contractor to perform his work, then such work to be performed by the CONTRACTOR shall be at his own expense. E Failure on the part of the CONTRACTOR to perform the necessary measures to control erosion, siltation and pollution will result in the OWNER notifying the CONTRACTOR to take such measures. In the event that the CONTRACTOR fails to perform such measures within 4 hours offer receipt of such notice,the OWNER may stop the work as provided above or may proceed to have such measures performed by others. The cost of such work performed by others plus related ENGINEER fees will be deducted from monies due the CONTRACTOR on his Contract. F. All erosion and pollution control features installed by the CONTRACTOR shall be acceptably maintained by the CONTRACTOR during the time that construction work is being done. G. CONTRACTOR shall repair or replace damaged or inoperative erosion and pollution control devices as directed by the ENGINEER, the OWNER'S Representative or Governmental Agencies. 20.2 Open Burning of Combustible Wastes NO open burning of combustible waste materials or vegetation shall be permitted on the OWNERS property. All waste materials shall be removed from the OWNERS property and disposed of in a legal manner. Subject to approval by all environmental agencies and/or fire departments that may have jurisdiction over such activities. 20.3 Permanent and Temporary Water Pollution Control (Soil Erosion) A. Construction procedures shall include temporary pollution control measures to ensure that soil erosion which might cause water pollution is kept to a minimum. Such measures may consist of construction of berms, dikes, dams, drains and sediment basins or use of fiber mats, woven plastic filler cloths, gravel, mulches, quick growing grasses, sod, bituminous spray and other erosion control devices or methods. All temporary erosion control measures, unless specifically included as a line item in the bid form shall be considered Incidental to the construction and will be performed at the CONTRACTOR'S expense. B. The CONTRACTOR shall not be permitted frequent fording of live streams with construction equipment; therefore, temporary bridges or other structures shall be used wherever such crossing adversely affects sediment levels and an appreciable number of stream crossings are necessary. C. The CONTRACTOR shall promptly clear all waterways and drainage patterns of false CEDAR HAMMOCK CDD GS-11 C\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.doc 1 61 1 A work,piling,debris or other obstructions placed during construction work and not a part of the finished work. D. The CONTRACTOR shall remove and dispose of silt accumulations as directed by the ENGINEER or the OWNER'S Representative. GS-21 WORK IN THE PUBLIC RIGHT-OF-WAY All miscellaneous work in the public right-of-way including sign relocations, utility preservation, maintenance of traffic or other requirements of the construction permits or ENGINEER,is considered incidental to the work being done with compensation included in the unit prices of the work items located in the public right-of-way unless a line item is specifically provided for the work in the"Bid Form". GS-22 UTILITIES CONSTRUCTION As indicated In the Technical Specifications, some utility systems may be constructed for the ultimate use, ownership and maintenance of a local utility franchise, company or municipality. In that case it is the CONTRACTORS responsibility to construct the utility system in accordance with the local utilities specifications, requirements, and inspections and testing procedures to the satisfaction of the utility. The applicable utility's standard specifications are included in the Technical Specifications. The CONTRACTOR is also responsible for the final acceptance of the utility system by the local utility Including satisfactory completion of the work, meeting final inspection requirements and preparing and providing all required lien releases, warranties, material certifications,shop drawings,record drawings and other required project documentation. CEDAR HAMMOCK CDD GS-12 C;\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_GeneralSpecs Final MODIFIED 01172020.dcc 16 'L iAi AGREEMENT THIS AGREEMENT is dated as of the day of in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER)and Glase Golf, Inc. 27730 Faygin Lane Bonita Springs, Florida 34135 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT ARTICLE 2. ENGINEER 2.1 The Project has been designed by Kipp Schulties Golf Design, Inc, 123 Andros Harbour Place,Jupiter, FL 33458, who is hereinafter called PROJECT COORDINATOR and will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT TIME 3.1 Subject to OWNER receiving funding,the Work will commence on February 18, 2020 and be substantially completed by July 1, 2020, and completed and ready for final payment in accordance with Paragraph 14.13 of the General Conditions July 31, 2020. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 1 of the General Conditions. They CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Ouflook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc 16t I Al also recognize the delays, expense and difficulties involved in proving In a legal or arbitration proceeding, the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not a penalty) CONTRACTOR shall pay OWNER One Thousand Dollars($1,000.00)for each day that expires after the time specified in Paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for performance and completion of the Work in accordance with the Contract Documents in current funds as specified by the unit price schedule Bid Form which is an exhibit to this agreement and is part of the Contract Document. The total of the unit price Contract is $2,299,778.45. This amount Is derived based on the Bid Schedule Form less Item 8,a reduction in quantity under Item 23 from 5 to 4 and the exercise of Bid Alternate Item A5. ARTICLE 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions as modified by the Supplementary Conditions. Applications for payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTORS Applications for Payment as recommended by ENGINEER,on or about the fifteenth day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in Paragraph 14.1 of the General Conditions. 5.1.1. Prior to and upon Substantial Completion, progress payments will be in an amount equal to 90%of the Work completed in accordance with Paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 4.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. ARTICLE 6. CONTRACTORS REPRESENTATION In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner my affect cost, progress and performance of the Work. 6.2 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies as he deems necessary for the performance of the Work at the CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AO?0HY3911263CDD_05_Agreemeni Close Golf modified 01172020-updated,doc 161 . Al Contract price, within the Contract time and In accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 6.3 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Under- ground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and In accordance with the other terms, and conditions of the Contract Documents,including specifically the provisions of Paragraph 4.3 of the General Conditions. 6.4 CONTRACTOR has correlated the results of all such observations,examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 6.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER and is acceptable to CONTRACTOR. ARTICLE 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement,made a part hereof and consist of the following: 7.1 This agreement(pages A-1 to A-5, inclusive) Bid Form (pages B-1 to B-9) 7.2 General Conditions(pages 1 to 44, inclusive) 7.3 Supplementary Conditions(pages SC-1 to SC-6, inclusive). 7,4 General Specifications (Pages GS-1 to GS-1 1, inclusive). 7.5 Collier County Site Development Permit (Pending), including all drawings submitted as part of the Permit approval. 7.6 South Florida Water Management District Permit (Pending), including all drawings submitted as part of the Permit approval 7.7 Forge Engineering Geotechnical Report, Proposed Bulkhead Wall Replacement Project, Cedar Hammock Community, Dated October 30, 2018. 7.8 Banks Engineering Cedar Hammock Wall Replacement Survey Dated January 27, 2017. CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content,Outlook\AOPOHY39\12G3CDD_05_Agreement Glase Golf modified 01172020-updated.doc l61 . 1 Al 7.9 KSGDI Cedar Hammock CDD Presentation of Concepts October 6, 2019. 7.10 KSGDI 2020 Cedar Hammock CDD Bid Documents Updated October 7, 2019. 7.11 BSLLC Contractor Bid Form -Cedar Hammock. 7.12 BSLLC Contractor Bid Form -Bridge Repairs. 7.13 BSLLC Base Bid Bridge Section. 7.14 BSLLC Alternate Bid Bridge Section(H 10). 7.15 BSLLC TanDeck Brochure Digital 11_05_15. 7.16 BEI MAP EXHIBIT, Cedar Hammock Drainage exhibit 1/14/2019. Exhibit"D"-Contractor's Application for Payment Exhibit "E" - Insurance Requirements. which must name the District and Cedar Hammock Golf and Country Club Master Association, Inc., as additional insureds. Exhibit"F"-Waiver& Release of Lien Upon Final Payment and Waiver & Release of Lien Upon Progress Payment Exhibit"G"-Contract Change Order Form There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Section 1 of the General Conditions.) ARTICLE 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitations, moneys that may become due and monies that are due may not be assigned without such consent(except to the extent that the affect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 OWNER and CONTRACTOR each binds himself,his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 8,4 CONTRACTOR shall adhere to and abide by all conditions specified in all permits CEDAR HAMMOCK Bridge and Bulkhead Replacement A-4 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated doc 161 IA1 obtained from agencies for the construction of this project Including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 8.5 CONTRACTOR agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law; by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONTRACTOR does not transfer the records to the DISTRICT;and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records in possession of the CONTRACTOR or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONTRACTOR transfers all public records to the DISTRICT upon completion of the Agreement,the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records,in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective on , 2019, OWNER: CONTRACTOR: Cedar Hammock CDD By: By: (CORPORATE SEAL) Attest: Attest: Address for Given Notices: Address for Given Notices: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive CEDAR HAMMOCK Bridge and Bulkhead Replacement A-5 C:\Users\dmanza\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\AOPOHY39\1263CDD_05 Agreement Glase Golf modified 01172020-updated.doc 161 1 Al- Fort Myers, Florida 33905 (License No, and State) CEDAR HAMMOCK Bridge and Bulkhead Replacement A 6 C:\Users\dmanza\AppData\Local\Microsoft\Windows\NetCache\Content.outlook\AOPOHY39\1263CDD_05_Agreement Glase Golf modified 01172020-updated.doc 161 1 Al .#93 AGREEMENT THIS AGREEMENT is dated as of the 17th day of January in the year 2020 by and between: Cedar Hammock CDD c/o Inframark Infrastructure Management Services 5911 Country Lakes Drive Fort Myers, Florida 33905 (hereinafter called OWNER) and Kipp Schulties Golf Design, Inc 123 Andros Harbour Place Jupiter, FL 33458 (hereinafter called CONSULTANT) OWNER and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.1 CONSULTANT shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CEDAR HAMMOCK BRIDGE AND BULKHEAD REPAIRS AND REPLACEMENT Continued Design, Construction Coordination and Project Accounting ARTICLE 2. ENGINEER 2.1 The Project has been designed by CONSULTANT, who is hereinafter called PROJECT COORDINATOR and who will assume all duties and responsibilities and will have the rights and authority assigned to PROJECT COORDINATOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Bridging Solutions shall serve as the CONSULTING ENGINEER and shall assume all duties and responsibilities and will have the rights and authority assigned to CONSULTING ENGINEER in the Contract Documents. ARTICLE 3. CONTRACT PRICE 3.1 Subject to OWNER receiving funding, OWNER shall pay CONSULTANT for performance and completion of the Work in accordance with the proposal dated November 8, 2019,which is incorporated herein, in as part of the Contract Document. ARTICLE 4 PAYMENT PROCEDURES CONSULTANT shall submit Applications for Payment monthly. Applications for CEDAR HAMMOCK Bridge and Bulkhead Replacement A-1 C:\Justin's Documents 12-19-19\Properties\Cedar Hammock\Cedar Hammock CDD Projects\CH CDD-FY2019 Projects\CHCDD-Bridge& Bulkhead\CHCDD-KSGDI\1263CDD_05 Agreement Shultes modified 01162020(003).doc 161 1 Al payment will be processed by the District Manager and paid within thirty days of the District Manager's approval. ARTICLE 5. MISCELLANEOUS 5.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 5.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically,but without limitations,moneys that may become due and monies that are due may not be assigned without such consent (except to the extent that the affect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 5.3 OWNER and CONSULTANT each binds himself, his partners,successors,assigned and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants,agreements and obligations contained in the Contract Documents. 5.4 CONSULTANT shall adhere to and abide by all conditions specified in all permits obtained from agencies for the construction of this project including but not limited to the South Florida Water Management District drainage permit, the Collier County Site Work Permit and Collier County Building permits, or other applicable jurisdictional agency construction permit. 5.5 CONSULTANT shall obtain and maintain the insurance coverages described in Exhibit B, naming DISTRICT as an additional insured. 5.5 CONSULTANT agrees to comply with Florida's public records law by keeping and maintaining public records that ordinarily and necessarily would be required by the DISTRICT in order to perform the services under the Agreement by doing the following: upon the request of the DISTRICT's Custodian of Public Records,providing the DISTRICT with copies of or access to public records on the same terms and conditions that the DISTRICT would provide the records and at a cost that does not exceed the cost provided by Florida law;by ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following completion of the Agreement if the CONSULTANT does not transfer the records to the DISTRICT; and upon completion of the Agreement by transferring,at no cost,to the DISTRICT all public records in possession of the CONSULTANT or by keeping and maintaining all public records required by the DISTRICT to perform the services. If the CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement,the CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the DISTRICT, upon request from the DISTRICT's Custodian of Public Records, in a format that is compatible with the information technology systems of the DISTRICT. CEDAR HAMMOCK Bridge and Bulkhead Replacement A-2 C:\Justin's Documents 12-19-19\Properties\Cedar Hammock\Cedar Hammock CDD Projec's\CH CDD-FY2019 Projects\CHCDD-Bridge& Bulkhead\CHCDD-KSGDI\1263CDD_05_Agreement Shuttles modified 01162020(003).doc 161 1 Al FLORIDA STATUTES,TO THE CONSULTANTS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT,CONTACTTHE DISTRICTS CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO, AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954.753-5841 EXT. 40532, OR SANDRA.DEMARCO 1N FRAMARK.COM. 1 1c7-0 This Aareement will be effective oi r/ ►+-vwi /7 atIP. OWNER: CONSULTANT: Cedar Hammock CDD __„_•_ By: ,ra. / , I (CORPORATE SEAL) Attest: / Attest: • CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 C .sers.ifourc:loth,AppData\Local\M'crosoft\W ndows\INetCoche\Content.Outlook\9HPIR504\1263CDD_05_AgreementShultlesmodi tied 01162C20(003 (0031.doc 16 ' 1AI completion of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining public records.All records stored electronically must be provided to the DISTRICT,upon request from the DISTRICT's Custodian of Public Records, in a format that is compatible with the information technology systems of the DISTRICT. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS WORK ASSIGNMENT, CONTACT THE DISTRICT'S CUSTODIAN OF PUBLIC RECORDS SANDRA DEMARCO,AT INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES 210 N. UNIVERSITY DRIVE SUITE 702 CORAL SPRINGS, FL 33071, 954-753-5841 EXT. 40532, OR SANDRA.DEMARCO@INFRAMARK.COM. This Agreement will be effective onJli-+•-..�/ , 17 , 21”177— OWNER: CONSULTANT: Cedar Hammock CDD ,�/pr5 aI`5 � / By: By: ,e/PPfritez-rieS (CORPORATE 1) / Attest: Attest: 1���i,� 1,� hGei/VT CEDAR HAMMOCK Bridge and Bulkhead Replacement A-3 /Users/kippschulties/KSGD Design proiects/Cedar Hommock/1263CDD_05J4greement Shelties modified 01162020(003).doc 161 . Al Cedar Hammock Golf & Country Club Proposal for Continued Design, Construction Coordination and Project Accounting Associated with the Cedar Hammock Golf Course Date of Document: November 8,2019 Proposal Clarifications This proposal covers the continued design,consulting to the commencement of construction,construction coordination and project accounting for the future improvements to CDD owned amenities and associated golf course modifications at the Cedar Hammock Golf&Country Club(CH). Kipp Schulties Golf Design,Inc.(KSGD)will use a CDD provided 2019 scaled aerial photograph,bathymetric surveys and topographic survey(if available)of the golf course to use as a base map for the continued development of all plans,quantities and documents. Any work required by KSGD to aid the engineering consultant with obtaining permits for local and state water management districts,SFWMD,FDEP(Florida Department of Environmental Protection),ACOE(Army Corps of Engineers)and Collier County will continue to be included within these services. The cost of our services as defined within Exhibits A and B attached to this proposal shall be$90,000 if the project is implemented in one construction period or it will be$100,000 if done in two construction phases over two years. If it is determined that the project will be implanted in two phases over two years,then Exhibit B will be revised once that is officially determined to a total of$ 100,000. Expenses will be capped so not to exceed$6,500 if the project is done over one construction period. This will be capped at$9,500 if done over two years. The CDD will be invoiced monthly while the work progresses. No work will ever be billed in advance. Invoices shall be paid within thirty days of the invoice date. Overdue payments are subject to an increase of 1.0%each month. Expenses for production(graphics and prints),travel related,and other project related materials would be reimbursed in addition to all fees. Mileage is calculated by current year IRS allowances. KSGD will always make every effort to have travel related reimbursable expenses shared with other KSGD clients within the local area for all clients benefit. This proposal will expire if not approved by December 15,2019. Agreed and Approved(signature) Date Agreed and Approved(signature) Date Kipp Schulties—President(printed) Representative(name and title of party signing) Kipp Schulties Golf Design,Inc. Cedar Hammock CDD do Inframark 161 1A1 *-:, 1 Thr r•I't v PHASE I Design and Plan Documents. The Design shall consist of preparation and delivery of Plan Documents. Preparation of Plan Documents for the Golf Course shall commence upon confirmation by Owner of what improvements Owner elects to implement or construct. Designer shall discuss with Owner in detail the plan for the Golf Course before preparing final Plan Documents. Field instruction will be given during construction. 1. Plan Documents shall consist of,but not limited to,the following: A. Strategy Plan(From Master Plan): Indicates the location of tees,fairways, sand bunkers,and water features(lakes). B. Earthwork Massing Plan: Indicates the location and quantity of all cuts and fills around the golf course and the quantified amount of earthwork that will be required. C. Drainage Plans: Indicates location and size of drain basins,pipe locations and pipe sizes twelve inches in diameter and less. All storm drainage(pipe that is larger than 12" in diameter)will be sized by the Owner's engineer. All plans are at 100 scale. D. Hardscape/Landscape Plans: Indicates the location of cart paths,shelters, restrooms,bulk heading,bridges,rip rap and proposed landscaping areas. E. Lake Modification Plan: Plan indicates the quantity of lake expansions and contractions to be utilized by the Owner's consulting engineer to obtain project permits. F. Tree Impact Plan: Plan indicates those trees to be removed and/or transplanted. Golf Course Design Agreement—KSGD Page 1 161 . 1AI G. Detail Sheets: Detail sheets for the proper construction of tees,bunkers, cart paths and drain basins will also be provided within the bid package. H. Field Instruction: Additional specific details about said Plan Documents will be given in the field during construction. 2. Specifications Technical specifications and general conditions will be included as part of the bid package. The bid for contract forms will also be part of the specification package,which consists of line item quantifies for construction. 3. Owner's Irrigation Consultant should provide an Irrigation Plan (if applicable). Designer will work closely with the Irrigation Consultant to evaluate and review coverage requirements, but Designer will not be responsible for the design,installation,source and quality of irrigation water, power supply and adequacy of coverage or the proper hydraulic or mechanical function of the design. Project Organization/Coordination(Pre-Construction) Designer will assist Owner with pre-construction activities, including engineering, permitting, irrigation design, landscape design, or any other third-party work that is relative to the project. The Designer shall also attend (if necessary)meetings with governmental officials and agencies.The Designer shall coordinate with the Owner with regards to bid solicitation,review,and evaluation and with regards to issues relating to line item contractor bidding, contractor interviews and negotiations and overall coordination of entire project team relative to the Golf Course. Designer will work in tandem with Owner to help coordinate the work,but will not be responsible for the physical permitting work,fees or the other related third party services. Golf Course Design Agreement—KSGD Page 2 161 . 1A1 PHASE II Construction Consultation and Administration. 1. As part of this Agreement,Designer will,during the progress of the work, consult with and make recommendations to Owner and Consultants concerning the Golf Course design based upon the expertise and experience of Designer. When on site, Designer will consult with the Owner, Contractor and Consultants to assist such parties in having the design performed in accordance with the design concepts, the Design Plans and the Plan Documents. Designer will visit the site multiple times each week during the construction period to ensure that the Golf Course will conform with design quality, including recommending design changes or adjustments(which commonly arise during this phase). 2. Designer will advise Owner regularly as to the status of the design implementation,construction budget and construction schedule. 3. Designer shall inform Owner promptly in writing,upon learning of any non-compliance, if the Contractor is not following the Plan Documents, Designer Specifications and/or Field Instruction of the Designer 4. Designer shall consult with the Owner's representative during the Owner's administration of the contract for construction with regards to reviews of contractor payment applications, reviews of change orders or change directives, review of contractor submittals, and contractor performance issues. The Owner shall be responsible for the administration of the contract for construction and render decisions on matters related to the construction of the project,except that the Designer's decisions on matters relating to aesthetic effect shall be considered final if consistent with the intent expressed in the construction documents. Golf Course Design Agreement—KSGD Page 3 1 61 1 Al 4 % Designer fee shall be Ninety Thousand($90,000.00) United States Dollars,for the design and project coordination of the Golf Course project(excluding expenses and other Additional Services of Designer as provided herein)if completed during one construction period The Design Fee will be invoiced as follows: I. Execution of Agreement: $2,500.00 II. Phase I Design &Plan Documents $7,500.00 Design Services for Permitting Submittal: $5,000.00 Development of Storm Drainage and Lake Modification Plans used for Engineering and Permitting Upon completion of plans used in permit submission and Owner receipt of permit $2,500.00 Design Services after Permitting Submittal: $15,000.00 Two(2)Progress Payments @$5,000.00 each $10,000.00 (as balance of plans develop) Upon submission of completed plan document set $5,000.00 Golf Course Design Agreement—KSGD Page 4 161 IA1 Project Consulting(prior to construction commencement): $5,000.00 Billed monthly @($2,500/month)starting February 1,2020 for the two(2)months prior to construction commencement. DESIGN AND COORDINATION SUBTOTAL: $30,000.00 Construction Consulting Services: $50,000.00 Five(5)monthly progress payments @$10,000.00 per month. Billed monthly(beginning the first day of the month following the commencement of construction)during the progress of the construction work and grow-in. Upon re-opening of the Golf Course: $10,000.00 CONSTRUCTION SUB-TOTAL $60,000.00 TOTAL: $90,000.00 ADDITIONAL SERVICES Additional Services,unless otherwise agreed in writing between Owner and Designer, shall be based on the following hourly billing amounts: ITEM/PERSON HOURLY RATE Designer $275.00/ Hour Associate Designer $175.00/ Hour Drafting $135.00/ Hour Graphic $135.00/ Hour Accounting $100.00/ Hour Golf Course Design Agreement—KSGD Page 5 1 61 1 Al Administrative $60.00/ Hour 1853388 vl Golf Course Design Agreement—KSGD Page 6 x. 61 1 Al Cedar Hammock Community Development District Board of Supervisors Norman Day,Chairman Justin Faircloth,District Manager Quentin Greeley,Vice Chairman Sam Marshall,District Engineer Fred Bally,Assistant Secretary Dan Cox,District Counsel John Martino,Assistant Secretary Gene T.Bolton,Assistant Secretary Continued Meeting Agenda January 27,2020—2:00 p.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Old Business A. Bulkhead&Bridge Repair/Replacement Project Update i. Contract Discussion for Glase Golf ii. Contract Discussion for Artistic Structures iii. Contract Discussion for Kip Schulties Golf Design Inc iv. Bank Loan Discussion 5. New Business 6. Attorney's Report 7. Engineer's Report 8. Manager's Report A. Approval of the Minutes of December 9, 2019 Meeting B. Acceptance of the Financials C. Follow Up Items 9. Supervisors Requests 10.Audience Comments 11.Adjournment 1 61 1 Al MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT A regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday, January 13, 2020, which was reconvened Friday, January 17, 2020 at 3:00 p.m. at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard, Naples, Florida. Present and constituting a quorum were: Norman Day Chairman Quentin Greeley Vice-Chairman Fred Bally Assistant Secretary John Martino Assistant Secretary Gene Bolton Assistant Secretary Also present were: Justin Faircloth District Manager Travis Prichett Artistic Structures, Inc. Jim Kurtezborn Cedar Hammock Golf and Country Club Jimmy Glase Glase Golf(via phone) Number of Residents The following is a summary of the discussions and actions taken at the January 17, 2020 Cedar Hammock Board of Supervisors meeting. FIRST ORDER OF BUSINESS Call to Order and Roll Call o Mr. Faircloth called the meeting to order. All Board members were present and a quorum was established. SECOND ORDER OF BUSINESS Approval of Agenda o Agenda was approved at the January 13, 2020 meeting. THIRD ORDER OF BUSINESS Public Comments on Agenda Items o No public comments were received. FOURTH ORDER OF BUSINESS Old Business 1 161 1 Al January 17,2020 Cedar Hammock CDD A. Bulkhead and Bridge Repair/Replacement Project Update Mr. Faircloth circulated new contract documents to the Board and discussed the following: o The Agenda for today's continuation meeting is to discuss items that were discussed at the meeting held on Monday,January 13, 2020. o The contracts have been reviewed by Mr. Marshall, Mr. Cox and reviewed with various vendors and comments were provided. o Mr. Schulties has reviewed the prior contract documents and changes were made. ii. Contract Discussion for Artistic Structures • Mr. Faircloth asked if there were any thoughts from the Board. There being none, On MOTION by Mr. Day seconded by Mr. Greeley with all in favor the Artistic Structures contract in the amount of $352,300 was approved as written and the Chairman was authorized to execute it. iii. Contract Discussion for Kipp Schulties Golf Design, Inc. • Mr. Faircloth discussed the following: ➢ Mr. Schulties was not comfortable with the changes to the General Specifications. He encouraged the District's Engineer to continue with the responsibilities as previously outlined. ➢ Section 8.15 was added indicating all changes, including pay applications, need to go through Kipp Schulties Golf Design, Inc. Any changes or authorization of payments on the contract need to be reviewed by the Project Coordinator. • Bridging Solutions was added as a Consulting Engineer, as they created the engineering plans. Mr. Day MOVED to approve the Kipp Schulties Golf Design, Inc. contract in the amount of $90,000 with reimbursable expenses not to exceed $6,500 with the revised language as presented in the Supplementary Conditions and General Specifications, and Mr. Martino seconded the motion. 2 1 61 1 Al January 17,2020 Cedar Hammock CDD • Upon further discussion, On VOICE Vote with all in favor the prior motion was approved. i. Contract Discussion for Glase Golf • Mr. Faircloth discussed the following: > Mr. Glase's concerns relating to the wall and the involvement of the County in the inspection process. • Further discussion ensued on this matter. ➢ The Board agreed to allow Bridging Solutions to verify materials that will be used for the project. Y Mr. Glase is not comfortable signing the contract with the liquidated damages as is. • Further discussion ensued on this matter. • The Board removed section 3.2 from the contract. • The Board revised section 3.1 of the contract to read "Subject to OWNER receiving funding, the Work will commence on February 18, 2020 and be substantially completed by July 31, 2020." On MOTION by Mr. Bolton seconded by Mr. Martino with all in favor the Glase Golf contract in the amount of$2,299,778.45 with the changes on 3.1 and 3.2 as amended was approved. • The Board requested Glase Golf provide a change order for an arch to be installed on Hole Seven (Lake Nine) and cap rock to be installed around the arch. • Further discussion ensued on this topic. • Mr. Faircloth updated the Board on discussions with Contech regarding the pipe arches and possible discounts. • A phone call was placed to Mr. Glase requesting a revised estimate to include the change order for a possible reduction in cost. Mr. Glase will have revisions to Mr. Faircloth by noon on Monday. 3 161 1 Al January 17.2020 Cedar Hammock CDD iv. Bank Loan Discussion • This item was discussed at the January 13, 2020 meeting. FIFTH ORDER OF BUSINESS New Business o None. SIXTH ORDER OF BUSINESS Attorney's Report o None. SEVENTH ORDER OF BUSINESS Engineer's Report o None. EIGHTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of December 9, 2019 Meeting B. Acceptance of the Financial Report C. Follow-Up Items o These items were discussed at the January 13, 2020 meeting. NINTH ORDER OF BUSINESS Supervisors Requests o None. TENTH ORDER OF BUSINESS Audience Comments o None. ELEVENTH ORDER OF BUSINESS Continuation o A continuation meeting will be held on Monday, January 20, 2020 to discuss the change order proposal from Glase Golf. o Mr. Faircloth noted he would only be able to attend via telephone. The Board indicated it would not be necessary for the District Manager to be in attendance for the continuation meeting. Mr. Faircloth noted that a quorum needed to be met and minutes be taken. On MOTION by Mr. Martino seconded by Mr. Bally with all in favor the meeting was continued to Monday, January 20, 2020 at 2 p.m. at the Cedar Hammock Clubhouse. 4 161 1 Al January 17,2020 Cedar Hammock CDD retary Chairman/Vice, airm s 1 61 1 Al MINUTES OF MEETING CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The meeting of the Board of Supervisors of the Cedar Hammock Community Development District held on Monday, January 20, 2020 at 2:00 p.m. was reconvened on Monday,January 27, 2020 at 3 p.m. at the Cedar Hammock Clubhouse, 8660 Cedar Hammock Boulevard,Naples, Florida. Present and constituting a quorum were: Norman Day Chairman Quentin Greeley Vice Chairman Gene Bolton Assistant Secretary Fred Bally Assistant Secretary The following is a summary of the discussions and actions taken at the January 27, 2020 Cedar Hammock Board of Supervisors continued meeting. • Mr. Day called the meeting to order. The roll was called and a quorum was established. • Mr. Day reported that he had been in touch with Justin Faircloth, District Manager, Sam Marshall,District Engineer, Jimmy Glase of Glase Golf, Inc., & Ralph Verastro, Engineer from Bridging Solutions to review the status of the permit applications for the Bridges & Bulkheads Project. The permit that Sam Marshall filed for with Collier County was for a site review permit only, which is a general look at the whole project but does not allow you to commence work. Separate permit applications for both the bridges as well as the bulkheads must be filed separately. Sam Marshall indicates that only minimal changes have been requested so far regarding the site plan permit. Separate permit applications for the capstone bulkheads and bridges have been applied for. According to the contractors' dialogue with Collier County, separate permits are required for each bridge and each bulkhead and respective site inspections for each. We don't yet have a cost estimate from Collier County for the permit fees. Contractors are still confident that project is still on track. Mr. Day will stay in touch with the District Engineer and Contractors for further developments. 1 61 1 Al January 27, 2020 Cedar Hammock CDD • Justin Faircloth, District Manager has been in touch with Valley National Bank regarding the proposed$1.3 Million loan for the project and documents are in process. They will be reviewed by Dan Cox, Esq. for the CDD and he wants the final documents to be approved by the CDD Board before the closing. The next meeting of the Board is February 10, 2020 and the loan closing with Valley National Bank has been tentatively scheduled for February 11, 2020. Board members requested to see copies of the proposed documents before the February 10, 2020 Board Meeting. • The next regular scheduled meeting of the Board is 2 p.m. on Monday, February 10, 2020. • The Board discussed whether to continue this meeting further. On MOTION by Mr. Greeley seconded by Mr. Day with all in favor the meeting was adjourned at approximately 3:35 p.m. -at _ - ter d /Y'lt%G,-- Secreta' Chairman/Vice- h.' an 2 161 1 A 2 Napirii BLkzit ? wEi PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 Notice of Meetings Cedar Hammock CEDAR HAMMOCK COMMUN ITY 1NFRAMARK Community Development 210 N UNIVERSITY DR 702 District The Board of Supervisors of CORAL SPRINGS,FL 33071 the Cedar Hammock Com- munity Development District will hold their meetings for Fiscal Year 2020 at the Cedar Hammock Clubhouse, 8660 Affidavit of Publication Cedar Hammock Boulevard, STATE OF WISCONSIN Naples, f lorida at 2:00 p.m. on the second Monday of the fol- COUNTY OF BROWN lowing months except as not- ed: Before the undersigned they serve as the authority, October 15,2019 November 2019 personally appeared said legal clerk who on oath says that December 9,2019 �1 he/she serves as Legal Clerk of the Naples Daily News, a January 13,2020 G'd,.!L-.Z,, r'/i 7 <'-n-F- 'f-, 1 ) 3-'(') G..vr-. daily newspaper published at Naples, in Collier County, Marcry F 10,2020 March 9,2020 4. //J l/3 v Florida; distributed in Cogier and Lee counties of Florida; April 13.2020 that the attached copy of the advertising was published in May 11,2020 said newspaper on dates listed. Affiant further says that the There may be occasions when orill said Naples Daily News is a newspaper published at pneparticip more Supervisors epate by leiephone. Naples, in said Collier County, Florida, and that the said Meetings may be continued tonewspaper has heretofore been continuouspublished in a date and time certain continuously which will be announced at said the meeting. Collier County, Florida; distributed in Collier and Lee In accordance with the provi- counties of Florida, each day and has been entered as sions of the Americans with uttingspecial accommoda- said Collier County, Florida, for a period of one year next Irons at this meeting because opreceding the first publication of the attached copy of p a ednt shlityould dor physical the pairment should contact the advertisement; and affiant further says that he has neither District Management Compa- ny, re paid nor promised any person, or corporation any discount, Management Ignk, virestatc(95 Services at (954) rebate, commission or refund for the purpose of securing 603-0033. If you are hearing this advertisement for publication in the said newspaper. or speech Impaired, please contact the Florida Relay Serv- ice at 7-1-1 for aid in contact- Published:September 20,2019 trig the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of Subscribed and sworn to before on September 20,2019: the dthpthat a cordingly, thee paedrson may gly, need to ensure that a verba tim record of the proceedings is mado, including the testi- mony c Y v l uv\rA1 tx G. ..1 mony and evidence upon which such appeal is 10 be based. Notary,State of WI,County of Brown Justin Faircioth - D Ii ARA MONDLOCI-t gg 2 019 Noa, i'ubiir:: tl3P$6506istrict Manager Stole of Wiscon::in My commission expires August 6.2021 Publication Cost:$234.50 Ad No:0003586506 Customer No:1304217 PO#: FY2020 Meetings 161 1A2 NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County.Florida("Board")hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005,Florida Statutes,at 9:00 a m..in the Commission Board Room.3°Floor W.Harmon Turner Building(Bldg "F")Collier County Government Center.3299 Tamiami Trail,East,Naples,Florida,on Tuesday,March 10,2020. The subject of the Public Hearing is consideration by the Board of a petition filed by D.R.Horton,Inc.("Petitioner-1, for the establishment of a Community Development District("CDD")form of special purpose local government to be known as the Enbrook Community Development District by Collier County Ordinance pursuant to Section 190.005(21,FI ri _statutes("CDD Petition").The district government would serve an area of land in Collier County generally described as follows The proposed District is located entirely within Collier County, Florida in a portion of the Enbrook 4 Residential Planned Unit Development(RPUD),located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard. The proposed district covers approximately 65.80+1-acres of land. The site is located in Section 10.Township 51 South Range 26 East,as depicted below. N • '4111-284C§...• •'mss RESTATES!, ( , RNF ':O^C ESTATES F' tiyy,'i^ . MS N _- T•-Y KMlA1Et -COMER CCUNTV - S MtN�ifid+.;... Urllm!SRE '^! • • 1... CO . �, "- - + a+�,r i ti MARCO SHORE ESTATES LL u �•. "' a tEDD BOUNDARY• SOUTH 14 .441* W SITE 1 LOCATION j ui • 1. DUAI Z 7 .• $ILVEK LAK_5 GE . ` • Y.• z 17,,S0141,StcJ _JB ^:"Q xt+ +R 3: . (f �i& Q. 4 Z - _.. .. .�:. Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above,and specifically governing the planning,implementation, maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency.comprehensive planning,and development permitting. On November 7,2019,Petitioner officially submitted and filed its CDD Petition to Collier County,along with the application-processing fee of$15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statgeg, in conducting this Public Hearing.The purpose of this hearing is to consider the relationship of the petition as submitted,to the six factors listed in Section 190.005(1)(e),Florida Stat tomes,and determine whether Collier County will establish the Enbrook Community Development District by adoption of an ordinance. According to the Petition,at least four categories of persons may be affected by the economic consequences of the proposed district establishment:State of Florida and its citizens(modest or very small);Collier County and its citizens(modest or very small):the present property owners;and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541,Florida Statutes,including an explanation of its computations and determinations,is available for review,along with a copy of the full text of the petition and any of its documentation,at the Office of the County Clerk,Collier County,3301 Tamiami Trail.East,Naples,Florida. Copies of the petition,which contains the legal description of the real property to be serviced by the proposed district,are also on file at the Collier County Comprehensive Planning Department,at 2800 North Horseshoe Drive, Naples.Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380, at least two(2)days prior to the meeting Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office RUN DATES.February 11 February 18 and February 25 A 2 1 6.._v___ . NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County Florida(`Board"i hereby gives notice to the citizens of Confer County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005,Florida Statutes,at 9:00 a.m..in the Commission Board Room,a'Floor W.Harmon Turner Building(Bldg "F")Collier County Government Center.3299 Tamiami Trail,East.Naples.Florida,on Tuesday,March 10,2020. Z The subject of the Public Hearing is consideration by the Board of a petition filed by D.R.Horton.Inc.I"Petitioner"), a 'I) for the establishment of a Community Development District("COD")form of special purpose local government m to be known as the Enbrook Community Development District by Collier County Ordinance pursuant to Section to 190.005(2),Florida Statutes("CDD Petition").The district government woula serve an area of land in Collier County m generally described as follows The proposed District is located entirely within Collier County, Florida in a portion of the Enbrook m Residential Planned Unit Development(RPUD),located on the south side of Manatee Road approximately p 1500 feet east of Collier Boulevard. The proposed district covers approximately 65.80+/-acres of land. 3 The site is located in Section 10,Township 51 South,Range 26 East,as depicted below. .-., " •RIVERYVO 7 Esr. ES •. rn :x A IRAs VW...R RT.,IERf.04T4Ti { • w�:.' rm'n$TT' 4 T t ! 4 m co ,,..„.LF,^U1L't •_ -+. 47Cr � VARCOSHO*E ESUiES' C CENTER .-,.-cc Ai .MR't7lir s .,,L,. , D N - pe i s„4_ uh -.Y coOBC L,YOARY 7:1 of 1 3 i11 •,.Ar474q CO t ,51 ili-. �, „ ,��»�.' SITE Ne� LOCATION• cCET *0 IP ii OJA4;OOST!, - i . -. Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future i lawful use and development of the land described above,and specifically governing the planning,implementation, maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency comprehensive planning,and development permitting. On November 7,2019.Petitioner officially submitted and filed its CDD Petition to Collier County,along with the application-processing fee of$15,000.00 for review by the County. The Board's consideration or the COD Petition will comply with Section 190.005(2)(b)(c), Florida Statute. in conducting this Public Hearing.The purpose of this hearing is to consider the relationship of the petition as submitted,to the six factors listed in Section 190.005(1)1e).Florida Stages,and determine whether Collier County will establish the Enbrook Community Development District by adoption of an ordinance. According to the Petition,at least four categories of persons may be affected by the economic consequences of the proposed district establishment:State of Florida and its citizens(modest or very small):Collier County and its citizens(modest or very small);the present property owners;and the future property owners. A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541,Florida Statutes,including an explanation of its computations and determinations,is available for review,along with a copy of the full text of the petition and any of its documentation,at the Office of the County Clerk,Collier County,3301 Tamiami Trail,East.Naples.Florida. Copies of the petition,which contains the legal description of the real property to be serviced by the proposed district,are also on file at the Collier County Comprehensive Planning Department.at 2800 North Horseshoe Drive, Naples.Florida. All interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made.which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you.to the provision of certain assistance. Please contact the Collier County Facilities Management Division,located at 3335 Tamiami Trail East,Suite 101,Naple:.Florida 34112-5356,(239)252-8380. at least two(2)days prior to the meeting. Assisted listening devices for the nearing impaired are available in the Board of County Commissioners Office. RUN DATES.February 11.February 18 and February 25 1 61 1 A 2 NOTICE OF PUBLIC HEARING The Board of County Commissioners of Collier County,Florida("Board")hereby gives notice to the citizens of Collier County that a public hearing shall be conducted in accordance with the requirements and procedures of Section 190.005, ,at 9:00 a.m.,In the Commission Board Room,3T Floor W.Harmon Turner Building(Bldg "F")Collier County Government Center,3299 Tamlaml Trail,East,Naples,Florida,on Tuesday,March 10,2020. The subject of the Public Hearing Is consideration by the Board of a petition filed by D.R.Horton,Inc.("Petitioner"), for the establishment of a Community Development District("CDD")form of special purpose local government to be known as the Enbrook Community Development District by Collier County Ordinance pursuant to Section 190.005(2),Florida Slates("COD Petition").The district government would serve an area of land in Collier County generally described as follows: The proposed District Is located entirely within Collier County, Florida in a portion of the Enbrook Residential Planned Unit Development(RPUD),located on the south side of Manatee Road approximately 1500 feet east of Collier Boulevard. The proposed district covers approximately 65.60+/-acres of land. The site is located In Section 10,Township 51 South,Range 28 East,as depicted below. a : -,z M S �'. � , ,; . k • ,r t:,,,,,,,,,,,„,.,„,,,, ,,,, z ,,,,,,....;:r,,,,,,,,,......,___ .,„:„.:.,,,,,,,,,.:,,,„. ,.... `.` in . 14 st rjS.' Mtiy + ti , Ns din} ? — ' k -,s^ -•- a.d1 +.t< r�k�,cawry ,,,' rr $fT Ns ti11 £ F•. r„,,,,i A`,f fi;. A nvsnE b'4 ".fY{ps.:.t . �Y - tI +" E ,;t'-:-. 's (iL 'x`f S f Ili -1c✓ u r �b ` , ; r-r" ' s ` . ,\max it i eta' _ r 11 r t, +aC s � v a, A { Y-44,::),,v„ i ! ';c',Y- �+7? y y."6 Z• 1. •.;,.+r•y. -�T�,?.... • �.A. -.- v ay 9 71 '�E .��1� E "t ....1 1 't ';C qi r°.s ' �. r rcri • r� t,1 } F;x< r ,.mt..` t r XI ::� , ue *:. SITE S b �� _� �`" -_ ' LOCATION ON yi. -c �, x•,'e ,. f7 w a i• , N 1�.4 ' r,;if: �r'+:.l_+t. li w..4"t"w4R ,,,,,,,i4,1,....0..„ `-1`.2,- .3.,::.` 's.. Rra '6, .{s s'4 0 al ...��yy:rte r .: 7 54, .--3rt y 4., '� z 'q '.1!.0 ,r,, ti1!�L�?{�iJ .5:3teq-tY' n J. J-..,4.4,,,,;„,,- ' rE'-;kid.— Z''E a!t'dYrt"R,.+.1,.G,a! a t '?: r n _s Qa r C r _ d1 Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above,and specifically governing the planning,implementation, "6 maintenance,and financing of basic community facilities,systems,and services which may be required of any such r*s development consistent with principles of concurrency,comprehensive planning,and development permitting. N On November 7,2019,Petitioner officially submitted and filed its CDD Petition to Collier County,along Mt the appikcation-processing fee of$15,000.00 for review by the County. The Board's consideration of the CDD Petition will comply with Section 190.005(2)(b)(c), Florida Statutes, In conducting this Public Hearing.The purpose of this hearing is to consider the relationship of the petition as ,,, submitted,to the six factors listed In Section 190.005(1)(e),Florida Statutes,and determine whether Collier County will establish the Enbrook Community Development District by adoption of an ordinance. - According to the Petition,at least four categories of persons may be affected by the economic consequences of the proposed district establishment:State of Florida and its citizens(modest or very small);Collier County and its citizens(modest or very small);the present property owners;and the future property owners. A copy piths full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541,Florida Statutes Including an explanation of its computations and determinations,is available for review,along with a copy of the full text of the petition and any of its documentation,at the Office of the County Clerk,Collier County,3301 Tamlaml Trail,East,Naples,Florida. Copies of the petition,which contains the legal description of the real property to be serviced by the proposed district,are also on file at the Collier County Comprehensive Planning Department,at 2800 North Horseshoe Drive, . Naples,Florida.All Interested persons are invited to attend. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter Considered at such meeting or hearing,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record Includes the testimony and evidence upon which the appeal Is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Dhdsion,located at 3335 Tamlaml Trail East,Suite 101,Naples,Florida 34112-5356,(239)252-8380, at least two(2)days prior to the meeting.Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. RUM DATES:February 11,February 18 and February 25 161 �. A 2 NU1tUt Ur YUISUI.NtAIHNb NOTICE OF INTENT TO CONSIDER AN ORDINANCE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, • FLORIDA, ESTABLISHING THE ENBROOK COMMUNITY DEVELOPMENT DISTRICT LOCATED IN UNINCORPORATED COLLIER COUNTY AND CONTAINING APPROXIMATELY 65.80+1-ACRES;PROVIDING FOR THE AUTHORITY FOR ORDINANCE; PROVIDING FOR THE ESTABLISHMENT OF THE BOUNDARIES FOR THE ENBROOK COMMUNITY DEVELOPMENT DISTRICT;PROVIDING FOR THE DESIGNATION OF INITIAL BOARD MEMBERS;PROVIDING i FOR THE DISTRICT NAME; PROVIDING FOR STATUTORY PROVISIONS GOVERNING THE DISTRICT;PROVIDING FOR CONSENT PO SPECIAL POWERS;PROVIDING FOR PETITIONER'S COMMITMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;AND PROVIDING AN EFFECTIVE DATE, The Board of County Commissioners of Collier County,Florida(-Board"; hereby gives notice to the citizens of Collier County that a public hearing shall oe conducted in accordance with the requirements ano procedures of Section 190.005, Florida Statutes,at 9:00 a.m.,in the Commission Board Room,3r0 Floor Administration Building(Bldg."F")Collier County Government Center,3301 Tamiami Trail,Fast,Naples,Florida,on Tuesday,March 10,2020,The subject of the Public Heanng is consideration by the Board of a peliton filed by O.R Horton,Inc.for the establishment of a Community Development District (COD)form of special purpose local government to be known as the Enbrook Community Development District by adoption of the above-stated Collier County Ordinance pursuant to Section 190.005(2),Florida Statutes("CDD Petition") The district government would serve an area of land in Collier County generally described as follows' The proposed District is located entirely within Collier County,Florida in a portion of the Enbrook Residential Planned Unit Development(RPU)),located on the south side of Manatee Road approximately 1500 feet east at Collier Boulevard. The proposed distract covers approximately 65 80+/-acres of land Tne site is ioceted In Section 10,Township 51 South,Range 26 East,as depicted below. .•n � '' rcaLet # .- y t -,rwnitt aUxlt G •u.Ac s'uR MIAMI , TY^,♦.; .. • %Pr. _ i\-.N• ' ,r/ SITE ' .z i •-A.* LOCATION rd � >,'� - a Such community development district special purpose government is a way to provide infrastructure subject to the regulatory requirements of both the State of Florida and Collier County governing any existing or future lawful use and development of the land described above.and specifically governing the planning,implementation,maintenance,and financing of basic community facilities,systems,and services which may be required of any such development consistent with principles of concurrency,comprehensive planning,and development permitting On November 7,2019,Petitioner officially submitted and filed its COD Petition to Collier County,along with the application- processing tee of$15,000.00 for review by the County The Board's consideration of the COD Petition will comply with Section 190.005(2Nb)(c),Flort,$Statutes,in conducting this Public Heanng. The purpose of this hearing is to consider the relationship of the petition as submitted,to the six factors listed in Section 190.005(1)(e),FloridaatatIdea,and determine whether Collier County will establish the Enbrook Community Development District by adoption of an ordinance According to the Petition,at least four categories of persons may be affected by the economic consequences of the proposed district establishment'State of Florida and its citizens(modest or very small);Collier County and its citizens(modest or very small);the present property owners;and the future property owners A copy of the full text of the Petitioner's statement of estimated regulatory costs in accordance with the requirements of Section 120.541,Florida Statutes,including an explanation of its computations and determinations,is available for review, along with a copy of the full text of the petition and any of its documentation,at the Office of the County Clerk,Coiner County, 3299 Tamiami Trail,East,Naples,Florida. Copies of the petition,which contains the legal description of the real property to be serviced by the proposed district,are also on tole at the Collier County Comprehensive Planning Department,at 2800 North Horseshoe Drive,Naples,Flonda. All interested persons are invited to attend If a person decides to appeal any decision made by the Board at County Commissioners with respect to any matter considered at such meeting or heanng,he will need a record of that proceeding,and for such purpose he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based If you are a person with a disability who needs any accommodation in order to participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East,Suite 101,Naples,Florida 34112-5356.(239)252-8380,at least two(2)days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office RUN DATE:March 3,202 NAPLESNEWS.COM 1 TUESDAY, MARCH 3,2020 1 1SA 161 Heritage Bay Community Development District Board of Supervisors o Edwin Hubbard,Chairman o Justin Faircloth,District Manager ❑ F.Jack Arcurie,Assistant Secretary o Gregory Urbancic,District Counsel o Dennis Gagne,Assistant Secretary o 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 161 1 A3 NapirEl -kiitNram 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 Heritage Bay Community Devel- opment District will hold their meetings for Fiscal Year CORAL SPRINGS,FL 33071-7320 2019/2020 In the Heritage Bay Clubhouse, 10154 Heritage Bay Boulevard,Naples Florida,at 9:00 a.m.as follows: October 3,2019 November 7,2019 Affidavit of Publication December 5,2019 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 2 2020 personally appeared said legal clerk who on oath says that Aug 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 the 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, lime, and place to be specified on the record at the meet- sald newspaper on dates listed. Affiant further says that the ing. said Naples Daily News is a newspaper published at There may be occasions when one or more 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 (48)hours prior Collier County, Florida; distributed in Collier and Lee to the meeting. If you are hearing or speech impaired, please counties of Florida, each day and has been entered as contact the Florida delay Service by dialing 7-1-1, 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 publication of the attached copy of Each person who decides to appeal any action taken at these 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 person may need to ensure paid nor promised any person, or corporation any discount, that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be rebate, commission or refund for the purpose of securing based. Jurcloth this advertisement for publication in the said newspaper. DistrictstFaianag Manager Sept 20,2019 No. 3784770 Published:September 20,2019 Subscribed and sworn to before on September 20,2019: _......)1.1., !1 'IS1 cv' .4.1 ;x:1., Notary,State of WI,County of Brown I /tff1A hv1(.)NDLUCI1 Nr',iary 1'c hlic Stole of \Niscui:s;in My commission expires August b,2021 Publication Cost:$336.00 Ad No:0003784770 Customer No'1305454 PO 4: Meeting Schedule 161 A3 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.corn 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<jmay1544@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 1 161 1 A3 Lake &Wetland l' 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) ,_ i I '.A •:sem " 44k • 7 .' �:.r w h he it " i */-,,*/ R r ''�.;• - • ram ,,,� -ir; . { k .44 xs` __ `L t 7 A'. s r a .. - A > r G } l./i , ' ! i' .:`,..47," T • � r f sry� l � fr ! '1 r : 111 ,., ,d t' 1 + ' 161 1 A3 Lake 5 - Minimal pondweed/hydrilla along littorals. Lake looks great compared to last month fi4 5 Lake 6 - Minimal algae/pondweed along littorals Lake 7 - Minimal pondweed noted, healthy littorals -. I • X ur+ , 161 i 3 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 14‘. r•14 ° «; a»re ... 3 , F t • :e I;'4;,;1 } J1 'Rifs. V S `141 � `' • 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 16 l 1 P3 Lake 30A - Pondweed is growing along rip rap and beyond, some torpedo grass. Will treat heavily next visit. • lialiallftlallegallai u' v r ' .s { eir. " 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. 161 1 A 3 Lake Management-Wetland&Preserve Maintenance L a k a & Wet 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE &INSPECTION REPORT Customer: rW: 6,. Account#: /5-27. Gate: - r — - Technician: Cf/74- /',7f ___.._ Territory: /1.-f, Weather Conditions: Sun °LAKE NAGEMENT p 1 ALGAE CONTROL Lake(s)#: 0 raPASSES&EMERGENTS Lake(s)# _ _ SUBMERSED AQUATICS Lake(s)# -__ y. /, // 304- E1 yrOATING PLANTS Lake(s)# ._.._ INSPECTION Lake(s)#: ._tL_L4-1-4"" O DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE Cl LOW Dissolved Oxygen ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0ACID ❑ NEUTRAL ❑ BASE Water Clarity ❑GOOD 0 FAIR 0 POOR Water I_evel 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: o SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT El DEBRIS REMOVAL ❑GRASSES 0MANUAL REMOVAL❑VINES El INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT ❑INSPECTION ��--- Comments: / /2 _// :2e•- 73v0t4: i /{1//D2 , 049119 FISH&WILDLIFE OBSERVATIONS FISH: O Bass ()Bream 0 Catfish O Grass carp O Tilapia O Mosquitofish 0 Shad BIRDS: O Raptor °Duck O Wood Stork O Shorebird O Wading bird O Songbird 0 Vulture REPTILES: O Alligator °Snake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia O Earleaf Acacia °Australian pine OShoebutton O Sedge °Climbing Fern ()Air potato OTorpedograss OAzolla OSalvinia °Downy rose myrtle Javaplum °Floating Hearts °Lantana OHydrilla OHygrophilia °Water Lettuce °Water hyacinth °Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple O Waterlily °Mangrove OPond Apple °Oak OCocoplum °Bulrush °Blue flag iris OStranglerfig °Arrowhead OPickerelweed ()Thalia 0 Palms OGolden Canna°Spikerush OButtonbush OEelgrass OCordgrass OFakahatcheegrassOSpatterdock 0 Ferns OBabytears °Naiad OChara °Duckweed OBladderwort OPondweed OSlenderspikerushOBacopa Other species noted/comments: www.lakeandwetland.com Vy.lakeandwetland.`om Rev01/23!14 Form k398E) 161 1 A3 Lake Management-Wetland&Preserve Maintenance L a It a & wetland Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting k,„'__ MANAGEMENT Water Testing&Analysis-Fountains&Aerators �►•�•.'= SERVICE & INSPECTION REPORT Customer: 4e,kttA e _-- . _ Account#: 15,25 Date: c!' 7 / Technician: iQi a-ro,Kja Territory: hI e5+._Coast Weather Conditions: SUTADA/___._.__ Ge(AKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: ❑ GRASSES&EMERGENTS Lake(s)#: SUBMERSED AQUATICS Lake(s)# ___;3')P ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#: C7 DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature _ —°F 0 HIGH CI AVERAGE ❑ LOW Dissolved Oxygen ppm 0 HIGH ❑ AVERAGE CI LOW pH reading ❑ACID El NEUTRAL 0 BASE Water Clarity0 GOOD 0 FAIR 0 POOR Water Level HIGH 0 AVERAGE ❑ LOW et LITTORAL SHELF _ SHELVES#: _ _ _ ❑ SHORELINE GRASSES& EMERGENTS ❑HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 FLOATING PLANTS [MANUAL REMOVAL 0 INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: __ _ _ _ ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES D MANUAL REMOVAL Q VINES ❑INSPECTION Q MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ____ _ __ ❑INSECTICIDE TREATMENT 0 INSPECTION Comments: _Ci ouw (;t?tA,& _Munuc l_ _ z _- t_ 12Q0LILOttd__e_ao_t __. _ FISH&WILDLIFE OBSERVATIONS • FISH: O Bass ()Bream 0 Catfish O Grass carp O Tilapia OMosguitofish 0 Shad BIRDS: 0 Raptor ODuck 0 Wood Stork 0 Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle OTortoise 0 Lizard OAMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED OBratilian pepper 0 Melaleuca OPennywort OBischofia 0 Earleaf Acacia OAustralian pine OShoebutton OSedge OClimbing Fern 0 Air potato OTorpedograss OAzolla 0 Salvinia °Downy rose myrtle OJava plum 0 Floating Hearts OLantana OHydrilla OHygrophilia OWater Lettuce OWater hyacinth()Cattail ()Primrose OAlligatorweed NATIVE PLANTS NOTED OCypress O Wax Myrtle OFL Pine ORed Maple O Waterlily OMangrove OPond Apple OOak OCocoplum 0 Bulrush OBlue flag iris OStrangler fig 0 Arrowhead 0 Pickerelweed OThalia 0 Palms OGoldenCanna°Spikerush OButtonbush OEelgrass OCordgrass OFakahatcheegrassOSpatterdock ()Ferns ()Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed OSlenderspkerush0Bacopa Other species noted/comments: www.lakeandwetland.com Nov 07/23/14 Form 43360 161 1 A3 Lake Management-Wetland&Preserve Maintenance *Lake & ' '''e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Contrail _---� Algae&Aquatic Weed Control -Native Planting q g ang MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE& INSPECTION REPORT Customer: .._ 2' -ac /3 ',,/ Account#: /SL.7v• Date: /0/03//, Technician:._ .___.Af`'ZL rit- ` --. Territory:.._..A'W ._..... Weather Conditions: 51/4"/ 0 LAKE /MANAGEMENT IlleALGAE CONTROL Lake(s)#: 241 __.___ ❑ ASSES&EMERGENTS Lake(s)#:SUBMERSED ° SUBMERSED AQUATICS Lakes)#: 30-,./.?!./ /9 ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#: ❑ DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen ppm ❑HIGH 0 AVERAGE 0 LOW pH reading ❑ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR ❑ POOR Water Level 0 HIGH 0 AVERAGE 0 LOW LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT U DEBRIS REMOVAL • FLOATING PLANTS U]MANUAL REMOVAL 1] INVASIVE/EXOTIC SPECIES 0 INSPECTION UPLAND/WETLAND PRESERVE PRESERVE(S)#: ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL 0 VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT _----- __-- ❑INSPECTION Comments: /*,jZr - lf'C` a , f�.v/�ic'6W �!�`Ld1�L f�141:zePr- 4/4744/ FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfish 0 Grass carp 0 Iilapia 0 Mosquitofish 0 Shad BIRDS: O Raptor °Duck O Wood Stork 0 Shorebird O Wading bird O Songbird O Vulture REPTILES: O Alligator OSnake 0 Turtle O Tortoise 0 Lizard °AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia OEarleaf Acacia °Australian pine OShoebutton °Sedge OClimbing Fern °Air potato OTorpedograss OAzolia OSalvinia °Downy rose mrtle Javaplum 0 Floating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce OWaterhyacinth°Cattail QPrimrose OAiligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine °Red Maple O Waterlily °Mangrove °Pond Apple °Oak OCocoplum O Bulrush OBlue flag iris OStrangler fig O Arrowhead OPickerelweed ()Thalia O Palms °Golden CannaQSpikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrassOSpatterdock 0 Ferns ()Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed 0 Slender spikerushO Bacopa Other species noted/comments:___ www.lakeandwetland.com Rev 07/23/34 Form 0 398D 161 1 A 3 Lake Management-Wetland&Preserve Maintenance *Lake & Wetland ..Y Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators / SERVICE& INSPECTION REPORT Customer; /`T W1t= i, Account#: /S2v, Date: ,41 Technician: /144,471- Fv: Territory: 44-7-91._V Weather Conditions: St/.�//4/ 0LAKE ANAGEMENT ?GAE CONTROL Lakes #: Of Z-r'2 9 ASSES&EMERGENTS Lake(s)#: 4..Z� 3c i Ft BMERSED AQUATICS lake(s)# 5;� ;Y2 Z� COATING PLANTS Lake(s)#: __ 4_2 _ INSPECTION Lake(s)#:__. f'"-Zi, c1y/t 0 DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F ❑HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _____ppm 0 HIGH 0 AVERAGE CJ LOW pH reading 0 ACID 0 NEUTRAL ❑ BASE Water Clarity ___ 0 GOOD ❑ FAIR ❑ POOR Water Level _.... ____ 0 HIGH 0 AVERAGE 0LOW QQ LITTORAL SHELF SHELVES it; ri SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL 0 FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S)it: ❑INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT ❑ DEBRIS REMOVAL. El GRASSES 0 MANUAL REMOVAL VINES ❑INSPECTION MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ['I INSECTICIDE TREATMENT — -- ❑INSPECTION Comments:—_ t .. ASVPT/? j200e- �o o ._ v-rt 4_ c 9J='`x4 ._ 1:12 se sem,°a7- ? Doc_,c ` u r u'-' _ .- ‘P.0 z.),/J 20/2- 6RY- .?z-fvLi? FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass OBrearn 0 Catfish 0 Grass carp OTilapia 0 Mosquitofish 0 Shad BIRDS: Q Raptor °Duck 0 Wood Stork 0 Shorebird Q Wading bird (Songbird 0 Vulture REPTILES: 0 Alligator OSnake 0 Turtle 0 Tortoise 0 Lizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pine OShoebutton 0 Sedge ()Climbing Fern °Air potato OTorpedograss OAzolla OSalvinia °Downy rose mrtle Java plum °Fioatiny Hearts °Lantana OHydrilla QHygrophilia OWater Lettuce °Water hyacinth()Cattail °Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress Q Wax Myrtle OFL Pine O Red Maple O Waterlily °Mangrove OPond Apple 0 Oak QCocoplum 0 Bulrush OBlue flag iris °Strangler fig 0 Arrowhead OPickerelweed ()Thalia 0 Palms ()Golden Canna°Spikerush C)Buttonbush OEelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock 0 Ferns °Baby tears ONaiad OChara °Duckweed OBladderwort OPondweed °SlenderspikerushOBacopa Other species noted/comments: www.lakeandwetland.com Rev 07/23/74 Form g 3989 161 1 A3 Lake Management-Wetland&Preserve Maintenance Lake & wetland Erosion Restoration-Mosquito&Midge Larvae Control ----- __ Algae&Aquatic Weed Control -Native Planting MANAGEMENT Water Testing&Analysis-Fountains&Aerators �." SERVICE& INSPECTION REPORT Customer: dder f Cult Cit/ Account #:_-. Date: Nall q Cly Technician: /1 0\f6/71_ ___ -- Territory: /'a15 ',XS Weather Conditions V,s % T O�)EI�`Cu. . ::__. 0 LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s)#: O GRASSES&EMERGENTS Lake(s)#: • SUBMERSED AQUATICSLake(s)#: ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#:_ ❑ DEBRIS Lake(s) #: Water Test Results(Combined Average) Temperature _______°F 0 HIGH LlAVERAGE ❑ LOW Dissolved Oxygen _s.__„-. ppm 0 HIGH ❑ AVERAGE 0 LOW pH reading __" ❑ACID 0 NEUTRAL. El BASE Water Clarity _- 0 GOOD 0 FAIR 0 POOR Water Level ___-_-.._. ❑HIGH ❑ AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES #: ❑ SHORELINE GRASSES& EMERGENTS ❑HERBICIDE TREATMENT 0 DEBRIS REMOVAL ❑ FLOATING PLANTS ❑ MANUAL REMOVAL • INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND l WETLAND PRESERVE PRESERVE(S) #: ❑INVASIVE/EXOTIC SPECIES ❑HERQICIDETREATMENT ❑ DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES []INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:__.._...-... ❑INSECTICIDE TREATMENT r 0 INSPECTION Comments 11-USC (A, (.-2-C-' t- s h ec-\,..c.k,k,is AN-y. l c c- covesit IckKe- FISH&WILDLIFE OBSERVATIONS FISH: .Bass OBream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: O Raptor Duck O Wood Stork `.Shorebird 0 Wading bird 0 Songbird bird O Vulture REPTILES: 0 Alligator OSnake XTurtle 0 Tortoise 0 Lizard O AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBischofia 0 Earleaf Acacia °Australian pineOShoebutton °Sedge °Climbing Fern °Air potato OTorpedograss OAzolla 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 C.)FL Pine O Red Maple O Wateriily °Mangrove OPond Apple °Oak OCocoplum °Bulrush OBlue flag iris 0 Strangler fig 0 Arrowhead OPickerelweed °Thalia 0 Palms C)GoldenC_anna°Spikerush OButtonbush 0 Eelgrass 0Cordgrass OFakahatcheegrass0Spatterdor:k 0 Ferns °Baby tears °Naiad OChara °Duckweed OBladderwort \Pondweed OSlenderspikerushOBacopa Other species noted/comments: _. . -_ www.lakeandwetland.com Rero57/23/14 Form ft3981) 1 6 1 1 A3 Lake Management-Wetland&Preserve Maintenance *Lake & W e t l a n d Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting ‘%......410.1rw-iiii* MANAGEMENT Water Testing&Analysis-Fountains&Aerators r 1SERVICE& INSPECTION REPORT Customer: lie 1r-rocy __ 2 c Account#: Gate: I 1 11Technician: /- -{/Q�L Territory: Weather Conditions: c?U" _CCc,., } JL41YLdy. °LAKE MANAGEMENT ❑ ALGAE CONTROL Lake(s) #: ❑ GRASSES&EMERGENT'S i_ake(s) #: [XSUBMERSED AQUATICS Lake(s)#: 327- 4 ❑ FLOATING PLANTS Lake(s)#: ❑ INSPECTION Lake(s)#:-. • DEBRIS Lake(s) #: Water Test Results (Combined Average) Temperature _ _°F EDHIGH ❑AVERAGE ❑ LOW Dissolved Oxygen ___ ppm ❑HIGH ❑AVERAGE ❑ LOW pH reading ❑ACID ❑ NEUTRAL 0 BASE Water Clarity _______ 0GOOD 0 FAIR 0POOR Water Level ____ 0 HIGH 0 AVERAGE ❑ LOW 0 LITTORAL SHELF SHELVES #: 0 SHORELINE GRASSES& EMERGENTS Ci HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑ FLOATING PLANTS ❑MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES ®INSPECTION UPLAND/WETLAND PRESERVE PRESERVE(S) #: ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#: ❑INSECTICIDE TREATMENT U ❑INSPECTION — - _ 'I Comments:.,_.1, ‘t\'‘3 TciA 0.L 4-o c(.t.4- a.'-I. CP-.vtn.U...?-e_ 7 0 t.z.'t'_e_d}} t A. 10441e 3D `P FISH&WILDLIFE OBSERVATIONS FISH: CSE-Bass ceBream 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: c O Raptor °Duck °Wood Stork °Shorebird °Wading bird °Songbird °Vulture REPTILES: O Alligator °Snake ?Turtle O Tortoise 0 Lizard °AMPHIBIANS 0 INSECTS INVASIVE I EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OPennywort °Bischofia QEarleafAcacia ()Australian pine°Shoebutton ()Sedge °Climbing Fern °Air potato OTorpedograss CAzoIla 0Salvinia °Downy rose myrtle°Java plum °Floating Hearts °Lantana °Hydrilla OHygrophilia °Water Lettuce °Water hyacinth()Cattail °Primrose 0Alligatorweed NATIVE PLANTS NOTED °Cypress °Wax Myrtle OFL Pine ORed Maple °Waterlily °Mangrove ()Pond Apple °Oak °Cocoplum 0 Bulrush °Blue flag iris OStranglerfig °Arrowhead OPickerelweed °Thalia °Palms °Golden Canna°Spikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass OSpatterdock ()Ferns °Baby tears 0 Naiad OChara °Duckweed OBladderwort XPondweed °Slenderspikerush0Bacapa Other species noted/comments: www.lakeandwetland.com etland.com Rev 07/23/14 Form R 3980 161 1 A 3 Lake Management-Wetland&Preserve Maintenance 417Lake tic T e t 1 a n d Erosion Restoration-Mosquito&Midge Larvae Control MANAGEMENT Algae&Aquatic Weed Control -Native Planting k.........414010.. ., Water Testing&Analysis-Fountains&Aerators �..^.. SERVICE & INSPECTION REPORT Customer:.._It'6 tty i Account#: Date: r01,101,(51/f _. Technician: A11un- 1:- Territory: Weather Conditions -StillAy l f i,t)r/I V QLAKE MANAGEMENT C❑ ALGAE CONTROL Lake(s)#: • GRASSES&EMERGENTS Lake(s) #: SUBMERSED AQUATICS Lake(s)#: 30 A 3c j j ❑ FLOATING PLANTS Lake(s) #: ❑ INSPECTION Lake(s)#: ❑ DEBRIS Lake(s)#: Water Test Results (Combined Average) Temperature °F 0 HIGH ❑AVERAGE ❑ LOW Dissolved Oxygen ppm ❑HIGH ❑AVERAGE ❑ LOW pH reading ❑ACID 0 NEUTRAL 0 BASE Water Clarity _______ 0 GOOD 0 FAIR 0 POOR Water Level Cl HIGH ❑ AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: ❑ SHORELINE GRASSES&EMERGENTS ❑HERBICIDE TREATMENT ❑ DEBRIS REMOVAL O FLOATING PLANTS 0 MANUAL REMOVAL ❑ INVASIVE/EXOTIC SPECIES 0 INSPECTION UPLAND/WETLAND PRESERVE PRESERVE(S)# ❑INVASIVE/EXOTIC SPECIES ❑HERBICIDE TREATMENT ® DEBRIS REMOVAL ❑GRASSES 0 MANUAL REMOVAL ❑VINES ❑INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S)#:___ _-- ❑INSECTICIDE TREATMENT" ❑INSPECTION Comments: U`J6:16).. To Tour --t7 CIA ckvla ('� WlC tie.._ iicluieP t� irk [a 1<e,5 _._._.50 _o.4 30S, FISH&WILDJJg.ORSERVATION FISH: Bass •.•: earn 0 Catfish 0 Grass carp 0 Tilapia 0 Mosquitofish 0 Shad BIRDS: 0 Raptor ' muck ►. ood Stork ,Shorebird 0 Wading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake i`,• urtle °Tortoise gLizard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper OMelaleuca OPennywort OBisc:hofia OEarleaf Acacia OAustralian pine OShoebutton ()Sedge ()Climbing Fern OAir potato OTorpedograss OAzolia OSalvinia °Downy rose myrtle°Java plum °Floating Hearts ()Lantana OHydrilla OHygrophilia OWaterLettuce °Water hyacinth OCattail ()Primrose OAlligatorweed NATIVE PLANTS NOTED °Cypress O Wax Myrtle OFL Pine O Red Maple O Waterlily OMangrove OPond Apple OOak OCocoplum 0 Bulrush OBIue flag iris °Strangler fig ()Arrowhead OPickerelweed OThalia O Palms OGoldenCanna(Spikerush OButtonbush 0 Eelgrass OCordgrass OFakahatcheegrassOSpatterdock C)Ferns OBabytears 0 Naiad OChara °Duckweed OBladderwort 18r.Bondweed OSlenderspikerushOBacopa Other species noted/comments: www.lakeandwetland.com Flo 07/23/14 Form F 398D 161 A 3 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, Justin Faircloth i District Manager 16 1 1 A 3 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 1 61 1 A 3 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. 7d, 2. This resolution shall become effective this ) day of ,443;✓ y-7 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 161 1 A3 HERITAGE BAY Community Development District General Fund • Proposed Budget Amendment • For the Period Ending September 30,2019 CURRENT PROPOSED FINAL YEAR TO DATE VARIANCE(I) ACCOUNT DESCRIPTION 111.1130ET AMENDMENT IUDeST ACTUAL 1AV(UNPAVI REVENUES Interest•Investments 5 400 9 - 5 400 $ 7.369 6 fi 969 Hurricane Irma FEMA Relund - - - 44,179 44.179 Inlerest-Tax Coleclor - - - 1,087 1,087 Special Assmnts-Tax COMOor 355.190 - 355.190 355 190 Speciate Assmnls-Lakes 30A8308 60.923 - 60,923 60.923 - SpecialAssmnts-Reserve, 31,250 - 31,250 '31.250 - SOecialAssmnts-DlseoURte (17,890) - 117.895) (16.333) 1.562 Other Miscellaneous Revenues - _ 06.800 36.800 [TOTAL REVENUES 420,988 - 429,308 620,488 00,5071 EXPENDITURES AdmNrUl,atbn PIR-Board of Supervisors 13.000 - 12.000 8.000 4.000 FICA Taves 918 - 019 613 306 ProlServ-Dlssem,nal,On Agent 1,500 - 1,904 1.500 ProlSery-Engineering 14.000 - 14,008 28.306 (14,306) ProlServ-Legal Services 10.000 - 10,000 22.759 (12 759) ProlSery-Mgml Consulting Sery 44,972 - 44,672 44,073 - ProIServ-Property Appraiser 6.710 - 8,710 6,710 _ ProlSery-Special Assessment 6.200 • 6,200 6,200 - ProSery-Web Site Maintenance 1,000 - 1.000 1,000 - Addling Services 3,914 - 3.914 5.800 (1.886) Postage and Freight 2,500 - 2.500 739 1.761 Insurance-Ocncral Llabikly 15.389 - 15.389 7,750 7,639 Printing end Binding 1,339 - 1,339 1.911 (5721 Legal Advertising 3,700 - 3.700 1.806 1.994 Miss-Bank Charges 100 - 100 1 99 Mlsc-Asseesmrnt Calkcbon Cost 8,948 - 9,948 8.622 326 Misc-Web Hosting 900 - 900 1.612 (712) Office Supplies 100 100 - 100 Annual OisM1kt Fang Fee 175 - 175 175 - Total Administration 134,365 . 134.365 148.475 (14,110) BEN ProStmvF,Nd Management 12,688 - 12.688 20.688 (8000) R&M-CoMirgency 198 - 198 198 Total Flekl 12.886 - 12,886 20,688 (7.802) Lake.and Porch Cenkacts-Lake and Wetland 71.200 • 71.200 67,200 4.000 Contacts-Vater Analysis 9.861 9,661 3.600 4.281 Contracts-Water 0ua81y 27,700 • 27.700 27.700 - Contracts.Lakes 30A8308 12.000 12,000 18,0(10 (6,000) CootractSediment Testing 6.675 6615 8.875 R6M-ARuascaping 8.500 - 8,500 2,559 5.941 R&M-Stomwater System 4.000 - 4.000 4,000 - R3M-Lake Erosion 84,713 - 84.713 58.400 26,313 R&M-Cor4in9ency 8,263 20.000 28.263 5.250 23,013 Impr-Lake Bank Restoration - - - 39,050 139,050) Reserve-Lakes 31,250 - 31,250 - 31,250 Reserve-Stormr.ater System 18.455 - 18455 33.600 (15.145) Total Lakes and Ponds 282.617 20.000 302,617 268.034 34,563 'TOTAL EXPENDITURES 405,880 20,000 440,398 437,107 12,4711 Excess(deficiency(of revenues Over(Inde)expenditures - (20.000) (20.000) 83.268 103.268 Net Change In(And balance - (20,000) (20.000) 83,288 103,288 FUND BALANCE,BEGINNING(OCT 1,2018) 419,889 - 410,880 419,880 - FUND BALANCE,MING 5 419,880 0 (20,0801 $ 590,180 8 309,148 S 103.288 Report Date!10/10/2019 1 6I A 3 HERITAGE BAY Community Development District Financial Report September 30, 2019 (Unaudited) No Meeting Financials Prepared by 3, INFRAMAR`K 161 1 A 3 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 13 161 9. A 3 HERITAGE BAY Community Development District Financial Statements (Unaudited) September 30, 2019 161 1 A 3 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 $ 183,367 $ 1,514,175 TOTAL LIABILITIES&FUND BALANCES $ 512,916 $ 847,660 $ 163,367 $ 1,523,943 Page 1 161 1 A 3 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 S 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-PropertyAppraiser 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 2 161 1 A3 HERITAGE BAY Community Development District Genera/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-Stormwater 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 Imp--Lake Bank Restoration - - 39,050 (39,050) Reserve-Lakes 31,250 31,250 - 31,250 Reserve-StormwaterSystem 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 1 61 1 A 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 4 161 1 A 3 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 1 61 1 A 3 HERITAGE BAY Community Development District Supporting Schedules September 30, 2019 1 61 1 A 3 .„.„,.„,c .c LO 11. a) LI cn Q a Ln o CO O u7 LO (O LO N aD — (0 co Lo O LO 0) (() C) M (C) LO 0) 01 01 CO N CO 11) O N- CO L- V M CO V V N N N CA r O a) 0) .- CON O CO (f) O N M (n ,- (.6 O) . 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Q J < at 0 CO O EA EA EA EA EA EA EA V) V) C)) V) V) (f) N K C) o O LO U) CO C) Q V V (`'1 (p LU 0 o 0 N O) 0) N CO (C) N V CO CO 01 CO 0) O (O CO O) O F r 0) N- LO r ? 0 CO O N N M r O O ler 'O LnM N V ti M CO r - 07 Z+ N d C (f) CO N CO LO N in CC 3 M r M 00 N(09 0 LL U C , L w d 41 EA 69 (A EA EA EA EA EA EA EA EA EA EA EA ._ 7 E O w CO o CO 0) CO CO (N LA LO N V CO N O CO o O O 0) CD CO CO (n OD CO N N M O Cl O 0N d to O O LO CO E- N CO (0 V (O N (0 O (f) C) Cl) •., 'O (O `- V (O 0) O U) coa) N N N L- (0 CO `- r In 7 > O V' O V L1) V' V V M C C O O .N - N N LO CO N 0 U N 7.1 y C Q ce y _ W NU 69 69 69 EA EA M EA EA EA EA EA EA FA (A Q LA 0) V N CO CO 0) (D V CO CO M (n r Tv. 5 ra C 0) MCO N ((0 O O) OO) LD CO V CO O O y O y V y M Oi O M - U)o.- a) U +c U E O y( EA EA EA EA EA EA EA EA GA EA EA EA EA O LI- CS N V N CO LO O N- N U) (D W N CD CO 0) N (O (CO () CO N ' COrN 0 •O C 0) C 0) 0; c5N ON -a' .� .� co Q0 IP o U C RI E Z N .0 z i5 am EA EI) EA EA EA EA EA EA EA EA EA EA EA M (b O OO 0) CO a O Cr N- U') h O N- N- N (0 LO CO N (O L- O et O V 0) Lf) M CO N CO N (O M j0) - N- co N r co h a 0) O N to dV O 0) ,- N V CO O E T1 N (9 U < OU/ z _ 0 C in z Q J O ~ C N V) V) 69 EA EA EA EA EA EA ER EA EA 0 W F co 0) Urn E ) a) c co o0 0o co co 0) 0) 01 0) 0) 0) 0) J w O o '' O CO a) N O W O (O M (O V OO F J Q O Q V N O O CO N O N OO N N O F m aa)) 0 e ce v) o N o N 0 0 LID 0 0 0 O o W o Q Q a i" (1)C7 0 H 2 0 Wpce I 0 1 61 1 A 3 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 7 161 . A 3 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 3 A m a 0 w Y V W O I co co CO CO CO co CO co CO O co CO CO 00 CO CO M ao co m co m Co W co co m O CO CO Ca o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N (N N N N NN NNN CO 0 O cNn O O D) (cc.; m m O N O O O O O O O O O O O Q W c0 co m (0 c0 ED CO N- N- h h h h h h h h h h h h h h h h h h h h h N CD Q a, Cr) ✓ h O O co V M cc cc o O c0 O ,to 0 co CO CO O 0 c0 cO O In CD N 0 O ✓ 0 h 0 co V N N N N O O h c0 N co cn co co co 0 0) V co D) a) h O N O N 0) cN O (Ni O cD CD cc O (••• 00 cc (D Lri N h m 0 O V c0 O cn h OD N O c() h 0)M h N CP, Np W W O O N cO V 0VcD") O O 0 N 2 h h VD M W N 0 W N In N h V N O O h N Z N M 0 2 Cl) 69 69 69 cn 69 *9 69 69 cfl 69 69 E9 E9 E9 69 Eft E9 Eft 69 E9 E9 cA 69 E9 E9 EA 69 E9 E9 69 z 0 hh M O cop •- N c0 co CO V V' CD o) O cn h M (J) O O O 0 N (D c0 CO M CO o M CO M N M V c() CO h CO N N- N N N CO CO h h M O COCO O N O a s M co co co M M C9 M N (0 LL) CO CD c0 c0 (D h N- h h h co a a > > > > > > > > > CV 0 0 0 0 0 0 0 0 0 0 0 0 0 a �k at 0 4 Q ¢ z s z z z Z ZZK cD > > > > > > > > > > > > > W c c c M c Q Q Y Y Y Y Y Y Y Y Y � ZZZ Z Z ZZZZZZZZ — — — _ — a a >- > } } } >- >- I N N U 0 U U U 00 ,-) u S S 2 S S S 2 S 2 S 2 2 2 a s # a Ua a a a a a a a a a a a a OU U U > U 0) 0 E E E E E E 6 0 0 0 0 U U U U U U U U U E E E > > m ix ix '°J a) °1 a) cc a, E E E E E E E E E E E E Z m .5 0 a 5 z z a a s 0 a 0 ❑ a .(D 5 5 v a) .0 5 5 U) a) a) a)0 cc cc cc cc CC CC Ct CC CC CC CC CC CC a ❑ ❑ ❑ ate) U U U C❑_J U 0 000 U ° > ❑ ❑ a)) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CJ ❑ N N T 0 T T T q' T T T T) T > cTo Um U 0 0 0 0 ❑ 00 0 0UU0U aamm mmm mm mammm >5 >5 >5 >5 >5 >5 >5 >5 >5 >5 >5 >5 >5T @ m a) cu a) (0 COm co CO CO CO m m 00 m O0) 0) m) U)) 0) 0 0, d) mm cam) m m m m m m m m cam aI Q m a) a) W W c +0 Co CO co ca a3 :- co a) a) a) a) a) a) a) a) a) a) a) a) Cl) 0) 0) 0) @ 0) w = ._ _ «- w «. - ._ .- 0) 0) O) O) 0) 0) 0) 0) 0) O) 0) 0) 0) co co as ca - - Q7 N W N a`) a) c) a) a`) N N N 2 �o 2 2 2 c� R 2 2 Yo 2 V (1) 6) .0 2 I N 0) 0 C102 2 2 2 2 2 2 U) U) U) N U) •d) N 4) U) U) 0 N N 2 S 2 S O 2 2 2 2 2 2 2 2 2 2 2 2 2 N_ 4-( a) J VQ h N- h h h . 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O >- 0 Z▪ 2 (n m m V a, E o J a 10 LL oa LU O. 0 I w 3 6 .- a to 3 vi (n % a y au 4 0 0 J O C J E U J _ ..J U J UWO O I- F 161 1 A 3 ,.O LC W CO M 401 4:39- 01 O c.V CJ N W I- 0 0 Z a1 V N N N 'O V 'Q N N Q. N co N N N `7 j N d id N U)) N 2 d < Q. O O O O_ O- Q Z. O N O 11 d d O O O O �' O' 0 C C 0 0 0 0 E O F- cr N- C) Lf) O LI) co to to O e- rn co co (p co (NI N O O C) CO O 00 IN O O) (N (0 Lr) C) LO ,- 0 co (N O O CD CD N C'- CO O) CO J 0) LI) h (C LO N N- U) N- V O Q N I- N V Lb CO N. Cf) c} to' D in Lt) N L) N N C) O 00 F O C') CO Q CO COImmo . p O W 05 0 N. I'- ti t` f`- c0 CO O N. 07 d O N N O d V O O N p Q 0+ in N N G7 M M N r N N ^ 1n 11.I NI-F — r r - Lt) U) C`3 C.- 1 0) Q ....aa O co -J 0 E O ca L_ a COCL CJ w OM O Y cis U Q :°OG 'O^ O CD N '06 CO f1 L 0 i m N m •m ❑ i F- CO W ❑ w O Cm o m Q ❑ O O. Q' M V G C C COj U • E C L L >, Cl.cil CCI O ` i 0 6) N .O, CO O O = O 2 O 0.r N 0) p6 LIJ 7 p) N CO CD a z Q C v) N - C C C O' off- W C`O") rG - CO Q C6 CO co O- d U —= Y 713 11; Q 7 I Q Yp - O o 2 O 0 O u.) U) �p o J I 0 Z 0 0 0 0 LL 0 0 F 1- 161 . A 3 N FRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 10/17/19 — Field Management Report www.infra ma rkims.com Inspected on:10/17/19 by:Tim Hall 161 A 3 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 "' '1 AteT , 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. 04, ,ter ,�e.�t+w} - '„, W. Torpedo Grass in Littorals of Lake 30B Near Outfall: Inframark Monthly Management Report 1 161 1 A 3 ,-.. , -,.. ,,.,,,is..,,,,,,v,,,,,,,,,,,-:,.....‘,-..-:,- .. „ ,..„.....:,,,''''''' 't 1-4: y.. ° y .5, ° --fv-n - - e , r • '''''*+e- K ik:, , �"t ^A C. Rocks: weeds in rocks along south side of Lake 30A. 4,--. .y 7 z 1T i N !a + a r •' ';, ,.-sir 4, .g. d. Weeds: i. Alligator Weed in Lakes: No new issues observed. H. Brazilian Pepper: No new issues observed. ill. 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. j - .�ti \' . .3y �, .-sem Lake 28 Lake 29 Inframark Monthly Management Report 2 16L I. A 3 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, 25,26,30A and 30B. y„,- ...i'� #,,',, o a rx a x 'FiiS I , y�.4 -_ r r 11 11:' TAS. , . , •,ci ,' , ,, Lake 5 Lake 11 viii. Palms on Lake Banks: Palm observed along Lake 11 west bank re-sprouting from cut trunk. z ' ;;ct res �. ��f . ' 40641 i ' _F .a•. �. _°t�s'=k� . ��-'� . . ," `. ems, .. Lake 11 ix. Red Ludwigia in Lakes: Noted in Lakes 1,2,3, 6,7,8, 10, 12, 14, 16,and 18 ,::0,..: ,,Y,...,, A.1,,;It.t: , ,,,,.;/-•-: - ,-1:x'. , ,,,,It ', , - ''''—' , -....:-.'f* wfe,' Ifi q' ;fid r� � d A{ ;, Ste.°'. .-:-...:',f-71:::::..,' : Lake 6 Lake 2 x. Sedges in Lakes: No issues observed. Inframark Monthly Management Report 3 161 1 A 3 xi. Spatterdock/Lily Pads in Lakes: Noted in Lakes 1, 2,3,and 12. 0 I\t, 1 i 1 -::','",'`'" , ::::: ,. .„,,,„,,,., ,..„ ...III . »,, , . ,,„ ,,..„.:,.. ... ! . , . _ __ ,_... _, .,..7;'' - '. , - 4.,.-•,:t_'' :.' •.---Z-‘;',...;:-,:a's *--,.'50"'--—c.,74, -;',.-4H?4-41,-”. . ,,,,,....,,,7,,,,,..„_,,,,,„,,..,,,,:„....„. ,i, a 'r -rte„ 44" -,,,,-1:5,i1' s ...,;,,t,-, _.'14C:',4 .'.." -.._-.3.,..;;-.:t1"cli.,,‘,,-11.- .`` - - ', Lake 1 Lake 3 xii. Torpedo Grass in Lakes: In small amounts around lakes 4,5,7,8, 11, 15, 19,20,22,and 24. .. T I t tis`, , - f . t k , Lake 8 Lake 19 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 1 6 1 A 3 f. Bulkheads: No issues noted g, Clippings in Lakes: No issues noted 2. Lake Bank Erosion a. Lake 9: Minor erosion byrock next to residences. May be exacerbated by broken sprinkler. mss1 ,,,, ' a y '',:::,,•„r a -, } JEt ' ' , ' 4� 'g� � 1 � ,fit � � . '�� i-� MT” , °Ct. a — t ,/ ,'="1"'14t "'14? '' syr ' ' I:. '' -..Jil;er°' irlir ----- t 416_ ..' iv:i0 .., iitte '451641-401 4' b. Lake 14:Work underway on rock spillway near Tees on Lake 14. a i S a: -~ ' �C ,1 c. Lake 30A: Work underway to raise elevation of rock along east bank. p,;" ill trkiWiZ, '" a - S- 7%,.. 1 `-. mac"*A . z'S ;i:'''',-.:-.4.1'‘ V ,y,4,F . , t ys$ i' u :T i h 'x'd al .,-: r{4 .. ,,,',„,,,,r.- � f ., _ e, i,:r4t, "�}tom Inframark Monthly Management Report 5 161 1 A 3 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/C00O3 was barely flowing. Control Structure L30/C00O2 was flowing. -401 07,7 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. ' a? 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 6 161 1 A 3 4. Fish/Wildlife Observations: ® Bass ® Bream I Catfish ®Gambusia Egrets n Herons n Coots ®Gallinules ❑Anhinga ❑ Cormorant n Osprey Ibis Wood stork n Otter ®Alligators Snakes V Turtles ❑ Other: 5. Residential Complaints/Concerns: None reported. 6. Non-CDD Issues: Broken sprinkler next to pathway on way to hole#1. Metal bridge over road gutter appears blocked. . . air 'fix Inframark Monthly Management Report 7 161 1 A 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 wellas concern forfour Royal Palm trees which,due to an originaldeveloper decision,were 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 CDD 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 fourRoyal 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: By: Edwin B Hubbard,Chairman Robert S.Staehle,General Manager A 3 1 61 1 i,„,.... , . r ... [ ,,,,,,, ►1 I ?Alp , Aosammiimukis^ 11101 1 ' 3 SeSk'.',- ''' ' '.' A'''' '''''''"'''''' i Sit iiiilt (131 'ZZ 3 w{ 373 X44� mowl 3 xi MZ m � vcn 0 o 0 1 N 1,..,:t fil Q� g 0 g o ; 111 1 i a 82P� V 161 1 A3 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 INNERSYNC 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. 6 1 1 A 3 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 1 61 1A 3 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 3 161 1 A3 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 remediations 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: 4 161 1 A 3 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 1 6 1 1 A 3 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 the 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 6 161 1 A3 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 1 61 I A 3 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 a,[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 8 161 A 3 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 9 161 1 A3 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 10 161 1A 3 752 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 3 I. 61 1 A (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] 12 161 1 A3 IN WITNESS 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 cretary ' Chairperson,Board of Supervisors WITNESS: INNERSYNC STUDIO,LTD.,D/B/A \ j CAMPUS SUITE,an Ohio limited -- liability company Ted Saul __ f Print Name: By: Steve Williams, VP of Marketing(Title) Exhibit A: Proposal for Services 13 161 1 A 3 Exhibit A Proposal for Service 14 1 61 1 A 3 II . ,-- iipiirr g. , . .,. .arnv ...�- �. 3 `- d eF ' ' MY e rol tp� ^ 4 00���0 � f �� 0 Nolivolo . • Keeping your community informed. And you compliant. Heritage Bay Community Development District Proposal date: 2019-10-15 Proposal ID: U4PDM-PCJS7-Q3CBW-HTMEX Pricing 2 Services.. 3-5 FAQs 6 Statement of work 7-8 Terms and conditions 9-12 IS Ted Saul hi � Director- Digital Communication , campus t 61 1A 3 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 X56 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 1 61 1 A 3 WEBSITE AND ACCESSIBILITY SOLUTION us,," , r� :.: � � -: ,.. ,. m> " s- to n f'*0- s s '4 '. . .'". 1. jY e' mow-- 'j,.1,,,,,z- ...-":. " ? ot""'"' w p.K ro *it. , 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, presents 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. Er Meets Florida statutes and federal laws Keeping it all accessible-and legal 411 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. 1 61 1 A 3 WEBSITE AND ACCESSIBILITY SOLUTION 10 "' ` KeepiJyour n community informed C and compliant. tif a" Accessibility Compliance r with Campus Suite ' / ' a:. We'll handle all your website Maintain ADA compliance: and document accessibility. ,,,-• Website and documcnts meet WCAG 2.1 requirements We take on the responsibility of making and keeping your ;y' 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. y Professional website design Communication is key to success in any organization, and 1 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. 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. 143 WEBSITE AND ACCESSIBILITY SOLUTION , i yX.x ''''° ampus 4 Hip 0 , Illir • k lik 1 'r'''. ,.. 4: - :,."4.1/4 • , j : .A.p. h to d A trusted name for compliance. ,,x,,„, For over 15 years, Campus Suite has built a reputation helping public schools across the country eliminate communication barriers and improve school community engagement.We do it by creating easy-to-use, affordably priced "^,, websites featuring professional design, unmatched customer service, and paving a leadership role in website accessibility. ��c>1'or,eon a4. lf-A• o We've helped districts build web accessibility policies and websites, and even ! created contingency plans for responding to web issues and complaints from a4`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. r Campus Suite has also pioneered educating public institutions about website `J accessibility by establishing the Website Accessibility Education Center, a W C A G 2.0 valuable resource for website administrators.. Campus Suite Academy Website Accessibility Center www.campussuite.com/accessibility-center tcr.:•:24-71 161 A 3 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. 1 61 . A 3 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 modem 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 fee 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 1 61 1 A 3 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. 161 1 A 3 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 161 1 A3 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. 161 1 A 3 8.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 1 6I A3 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 1 6I 1A 3 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,h)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. 1 61 1 A 3 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 I Ieritage Bay Community Development District 10/31/2019 Steve Williams Date Print name Date VP of Marketing 1 61 1 A 3 Exhibit A: Proposal for Services Implementation Quantitc 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 Quootit} 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 to11d 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 161 1 A 3 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 fee for the domain name of the District's website. 3. Maintenance and Management of the Website. 1. Contractor will manage and maintain the website; 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 X61 1 A3 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 61I A 3 _______.„,,, AtrINNttt-1 UI'IL); tIS 4.-._ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 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 PHONE FAX Cincinnati,OH 45248 E 1c,No,e.i) 513-574-3700 INC,No) 513-574-7955 MAIL Matthew J.Murphy ADDRESS, INSURER(SI AFFORDING COVERAGE NAIC H INSURER A:Selective Insurance 19259 INSURED Innersync Studio Ltd. INSURER B 752 Dunwoodie Drive . Cincinnati,OH 45230 rTsuRERc INSURER 0: .. ._. INSURER E: I INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 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.LIMLis SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' ..____. ._ _ 'AOOL.SUER- LTR TYPE OF INSURANCE POLICY EFF POLICY EXP A I INSD WVC, POLICY NUMBER -(MM/DD/YYYY) (MM10D/YYYY) LIMITS X 'COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 CLAIMS-MADE X OCCUR X �'S S2301177 11108/2018 11/08/2020 DAMAGE TO RENTED ' PREMISES(Ea occurrence/ ,$ 50,000 j MELD EXP(Any one person) S 5,000 - - PERSONAL&ADV INJURY $ 1,000,000 GENT.AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 3,000,000 POLICY I X �PRO- [ I LOC PRODUCTS-COMP/OP AGG $ 3,000,000 I OTHER. ..__.. _.._.. $ AUTOMOBILE LIABILITY - 'COMBINED SINGLE LIMIT $ ANY AUTO a accident) !ALL OWNED I SCHEDULED BODILY INJURY If'or person) $ :AUTOS I _i AUTOS :BODILY INJURY(Per Occident) $ 1 NON-OWNED - - il HIRED AUTOS 'AUTOS - i PROPERTY DAMAGE $ Per acpdentl , $ I UMBRELLA • EXCESS LIABAR •'---il OCCUR ! EACH OCCURRENCE :S CLAIMS MADE _..... : AGGREGATE $ I DED j i RETENTION$ • I WORKERS COMPENSATION I ;PER I 0TH- ANDEMPLOYERS'LIABILITY .. STATUTE ER OFPICCr'/MEMBER/EXCLUDED9 F U71VF Y!N 1.N/A E.L_EACH ACCIDENT S [(Mandatory In NH) I II yes.describe antler E.L DISEASE-EA EMPLOYEE S DESCRIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required) 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 HERITI I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Heritage Bay Community ACCORDANCE WITH THE POLICY PROVISIONS. Development District do Inframark AUTHORIZED REPRESENTATIVE 210 N.University Dr,Ste.702 Matthew J. Murphy Coral Springs,FL 33071 / - /�J, ©1988-20 4 ACORD C•--•RATION. AI rig s reserved. l ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 161 1 A 3 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 witn 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 has been put to its intended use by 2. Exclusions 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 0 ISO Properties,Inc.,2000 1 61 . A 3 MINUTES OF MEETING HERITAGE BAY COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Heritage Bay Community Development District was held on Thursday, November 7,2019 at 9:00 a.m. in the Heritage Bay Clubhouse,10154 Heritage Bay Boulevard,Naples,Florida. Present were: Edwin Hubbard Chairman Dennis Gagne Assistant Secretary Donna Hunter Assistant Secretary Jack Arcurie Assistant Secretary Also present were: Justin Faircloth District Manager John Allen CPH Laura Severance Heritage Bay Umbrella Association Resident The following is a summary of the actions taken at the November 7, 2019 Heritage Bay Board of Supervisors meeting. FIRST ORDER OF BUSINESS Call to Order Mr. Faircloth called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of Agenda On MOTION by Mr. Arcurie seconded by Mr. Gagne with all in favor the agenda was approved as presented. THIRD ORDER OF BUSINESS Public Comment on Agenda Items • A resident inquired about the process for filling the Board vacancy and the designation of fund balance. FOURTH ORDER OF BUSINESS Organizational Matters A. Acceptance of Resignation—John May X61 �. A 3 November 7, 2019 Heritage Bay CDD On MOTION by Mr. Hubbard seconded by Ms. Hunter with all in favor the resignation of John May was accepted. FIFTH ORDER OF BUSINESS Engineer's Report • Staff provided an update on the status of projects. • The letter sent to Q.E. was read to the Board regarding the Lake 20 work acceptance and outstanding items before final payment can be issued. • Lake 30A elevation of 14' and Q.E. meeting this requirement was discussed. • It was noted CPH should encourage Q.E.to complete all items on the various open projects so the project work can wrap up. • CPH reported the water testing report should be available for the next meeting. The record will reflect Mr. Allen left the meeting. SIXTH ORDER OF BUSINESS Attorney's Report • An update was given on the contract development with Campus Suite. SEVENTH ORDER OF BUSINESS Lake & Wetland Management Monthly Inspections and Service Reports • The October Lake&Wetland Inspection and Service Reports were discussed. EIGHTH ORDER OF BUSINESS Old Business A. LMS Update • Mr. Gagne and Mr. Arcurie gave feedback from their attendance at the LMS meeting. • The LMS program was discussed with Ms. Severance and it was noted that it may be beneficial if both the Heritage Bay Umbrella Association and the Quarry CDD would join the LMS and attend the meetings with the Heritage Bay CDD representatives; likely improving the chances of future funding opportunities. • It was noted that installation of posts and buoy on Lake 30B are expected within the month. NINTH ORDER OF BUSINESS New Business A. Motion to Assign Fund Balance On MOTION by Mr. Hubbard seconded by Mr. Gagne with all in favor the motion to assign fund balance as presented was approved. 2 161 1 A 3 November 7,2019 Heritage Bay CDD • Questions were raised about the unassigned fund balance that was not included. Staff will research and report back to the Board. B. Resolution 2020-1 Budget Amendment On MOTION by Mr. Arcurie seconded by Ms. Hunter with all in favor Resolution 2020-1 a Budget Amendment amending Heritage Bay Community Development District General Fund Budget for Fiscal Year 2019 was adopted. TENTH ORDER OF BUSINESS Manager's Report A. Approval of the Minutes of the October 3,2019 Meeting Mr. Faircloth stated each Board member received a copy of the minutes of the October 3, 2019 meeting and requested any additions,corrections or deletions. On MOTION by Mr. Arcurie seconded by Mr. Gagne with all in favor the Minutes of the October 3,2019 meeting were approved. B. Acceptance of Financials • The Financial Report for the period ending September 30, 2019 was reviewed. On MOTION by Mr. Hubbard seconded by Mr. Arcurie with all in favor the September 30, 2019 Financial Statements and Check Register were accepted. C. Field Manager's Report • The Field Manager's Report for inspection conducted on October 17,2019 was reviewed. D. Follow Up Items • Updates were given on the various projects/open items. i. Q.E.Open Items for Completion ii. Boulder Lake Installation of Boundary Posts and Buoy • These items were previously addressed. ELEVENTH ORDER OF BUSINESS Supervisor Comments • None 3 1 61 1 A 3 November 7,2019 Heritage Bay CDD TWELFTH ORDER OF BUSINESS Chairman's Comments • Mr. Hubbard provided an update after attending the Quarry Community Association's Lakes Committee meeting; discussed changes to their boating regulations; and his installation of preserve signage. • The Board agreed to cancel the December 5,2019 and January 2,2020 meetings.The next meeting is schedule for January 30,2020. THIRTEENTH ORDER OF BUSINESS Audience Comments • None FOURTEENTH ORDER OF BUSINESS Adjournment There being no further business, On MOTION by Mr. Arcurie seconded by Ms. Hunter with all in favor the meeting was adjourned at 10:40 a.m. Ai J Faircloth Edwin Hubbard •' retary Chairman 4 4 % I s"? January 28, 2020 Nusiance Abatement COLLIER COUNTY FLORIDA Ordinance Ads REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS ,;; To: Clerk to the Board: Please place the following as a: Normal legal Advertisement ❑ Other: (Display Adv.,location,etc.) Originating Dept/Div: GMD/Code Enforcement Person: Colleen Davidson Date: 12/20/2019 Petition No.(If none,give brief description): Public Notice from the Code Enforcement Division of Collier County,Florida. Notice about weeds or grasses over 18 inches in height-Ordinance 2009-08 Petitioner: (Name&Address): Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) Hearing before BCC BZA N/A Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. Newspaper(s)to be used: (Complete only if important): ►�� Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description&common location&Size: This notice needs to be published for a minimum of(4)four Sundays beginning 1/5/20 and on every other Sunday thereafter(1/19,2/2&2/161. A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OF COLLIER COUNTY, FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE 2009-08 The Collier County Litter Weed and Exotics Control Ordinance requires that all owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds over 18 inches by mowing.All lots with such vegetation over 18 inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct may, at the County's option,be mailed to the property owner(s)or posted on the lot. If posted, a copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the lmmokalee Courthouse at 106 1st Street S. lmmokalee FL, 34142,as applicable. A posted notice may,at the option of the County, be used in lieu of mailing individual letters to property owners. After ten (10)days from the date of posting or mailing,if no action is taken,the County will abate the violation by contracting for the lot to be mowed by a mowing contractor.A bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of one hundred dollars ($100.00).Additional charges can be assessed for oversized lots or extremely overgrown lots. Repeat violators may be subject to additional fees or charges, or after three violations may be included in a mandatory lot mowing program instituted by the County. The owner must remit payment for the amounts billed within twenty(20)days from the mailing of the County's invoice. If the invoiced bill is not paid within this twenty-day period,a Determination Order assessing a lien will be imposed by the Special Magistrate. If certified and recorded,this Order may constitute a lien on ALL the violator's real and personal property in Collier County.This lien may be paid without further costs,within twenty(20)days from the date of determination by the Special Magistrate for Collier County. If the lien remains unpaid after one(1)year from 161 9: B the date of the recording of the lien,Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes. All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee owners,will be at the option of the County.The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department. Compliance with this requirement will also help to control vermin and improve the appearance of the affected areas of the unincorporated County. Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone number (239)252-2440; located at 2800 North Horseshoe Drive, Naples, FL 34104. Companion petition(s), if any& proposed hearing date. Does Petition Fee include advertising cost?❑ Yes ® No if Yes,what account should be charged for advertising costs: Revied by: AO" d Z70_, g Date Division Administrator or Designee List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If a legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE USE QNL 1 e A�, Date Received: / Date of Public hearing: Ivy CA-- Date Advertised: / 6_ !.0 apPZ° 161 .` B1 Martha S. Vergara From: DavidsonColleen <Colleen.Davidson@colliercountyfl.gov> Sent: Friday, December 20, 2019 9:51 AM To: Minutes and Records; Ann P. Jennejohn Cc: Burgoslliana Subject: Nuisance Abatement Ordinance Advertisement Attachments: ad proof 2019.pdf; ARTICLE_VI._LITTER_WEED_AND_EXOTICS_CONTROL 1.docx; PO 4500200458 - 2020 Advertising.pdf Good Morning, Please find the attached request for advertisement of the Nuisance Abatement Ordinance. Purchase Order# 4500200458 is open for advertisement costs. Please let me know if you need anything else. Thanks for all your help! Happy Holidays! Col een Davidson Operations Manager Collier County Code Enforcement 2800 North Horseshoe Drive Naples,FL 34104 Office:(239)252.2975(direct line) Code Enforcement main number:(239)252-2440 (ol!een.Davidson(calliercountyfl.gov Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance." "HOW ARE WE DOING?" Please follow this link to fill out a CUSTOMER SURVEY. https://colliercounty.col.qualtrics.com/ife/form/SV czRS8tDYq3mCKix We appreciate rJ.our feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 161 1 6 1 Martha S. Vergara AMINU 14111111A, From: DavidsonColleen <Colleen.Davidson@colliercountyfl.gov> Sent: Friday, December 20, 2019 11:38 AM To: Martha S. Vergara Subject: RE: Nuisance Abatement Ordinance Advertisement Attachments: 2020 Request for Legal Advertising .pdf Martha, I apologize for not sending it in my previous email. A signed copy is attached. Thanks! Co(leen Davidson Operations Manager Collier Countu Code Enforcement 2800 North Horseshoe Drive Naples,FL 34104 Office:(239)2522975(direct line) Code Enforcement main number:(239)252-2440 CColleen.Davidson(a colliercountyfl.gov Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance." "HOW ARE WE DOING?" Please follow this link to fill out a CUSTOMER SURVEY. https://colliercounty.col.qualtrics.com/jfe/form/SV czRS8tDYg3mCKix We appreciate(your feedback! From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, December 20, 2019 10:10 AM To: DavidsonColleen <Colleen.Davidson@colliercountyfl.gov> Subject: RE: Nuisance Abatement Ordinance Advertisement EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Morning Colleen, Do you have an Ad Request Sheet for this ad request? I've attached one for you, I need the request filled out and signed. It can be scanned to our office. 161 BI I'll start working on it. Thanks, Martha From: DavidsonColleen <Colleen.Davidson@colliercountyfl.gov> Sent: Friday, December 20, 2019 9:51 AM To: Minutes and Records<MinutesandRecords@collierclerk com>; Ann P. Jennejohn <Ann.Jennejohn@coliierclerk.cpm> Cc: Burgoslliana <Iliana.BurgosPco!liercountyfl.gov> Subject: Nuisance Abatement Ordinance Advertisement Good Morning, Please find the attached request for advertisement of the Nuisance Abatement Ordinance. Purchase Order# 4500200458 is open for advertisement costs. Please let me know if you need anything else. Thanks for all your help! Happy Holidays! Colleen Davidson Operations Manager Collier County Code Enforcement 2800 North Horseshoe Drive Naples,FL 34104 Office:(239)252-2975(direct line) Code Enforcement main number:(239)252-2440 CoIIeen,Davidson@colliercountvfl.gov Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance." "HOW ARE WE DOING?" Please follow this link to fill out a CUSTOMER SURVEY. https://colliercounty.col.qualtrics.com/jfe/form/SV czRS8tDYg3mCKix We appreciateeaur feedback! Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 16 t Ri4 Send all Invoices to: Collier County Board of County Commissioners vt.L/. Collier County Board of County Commissioners Procurement Services DivisionG S,,;. Attn:Accounts Payable Phone:239-252-8407 3299 Tamiami Trl E Ste 700 Fax: 239-732-0844 C\ .L Naples FL 34112-5749 Tax Exempt:85-8015966531C-1 VUN`c OR email to:bccapclerk@collierclerk.com Purchase Order number must appear on all related correspondence,shipping papers and invoices: Vendor# 128310 Purchase order DESK SPINCO INC PO Number 4500200458 Date 11/14/2019 SCRIPPS NP OPERATING LLC NAPLES DAILY NEWS Contact Person Comm Dev Admin 7950 JONES BRANCH DRIVE MCLEAN VA 22107 Telephone 239-252-2370 Fax 239-643-6968 Please deliver to: GROWTH MANAGEMENT DEPARTMENT Delivery Date: 02/28/2020 OPERATIONS 2800 N HORSESHOE DR NAPLES FL 34104 Terms of Payment Net 30 Days Item Material Description Order Qty Unit Price Per Unit Net Value 00010 WV NEWSPAPER AD 138911 2,300 EA 1.00 2,300.00 00020 WV NEWSPAPER AD 138317 8,000 EA 1.00 8,000.00 *** Item partially delivered *** 00030 WV NEWSPAPER AD 138326 33,000 EA 1.00 33,000.00 *** Item partially delivered *** 00040 WV NEWSPAPER AD 138327 2,000 EA 1.00 2,000.00 00050 WV NEWSPAPER AD 138350 5,000 EA 1.00 5,000.00 00060 WV NEWSPAPER AD 138909 5,000 EA 1.00 5,000.00 00070 WV NEWSPAPER AD 100220 1,000 EA 1.00 1,000.00 00080 WV NEWSPAPER AD 138900 2,000 EA 1.00 2,000.00 Total net value excl.tax USD 58,300.00 VENDOR Terms and Conditions The VENDOR agrees to comply with all Purchase Order Terms and Conditions as outlined on the Collier County Procurement Services Division site: http://www.colliercountyfl.gov/home/showdocument?id=74077,including delivery and payment terms.Further the VENDOR agrees to: 1.Provide goods and services outlined in this Purchase Order with the prices,terms,delivery method and specifications listed above. 2.Notify department Immediately if order fulfillment cannot occur as specified. 3.Send all invoices to: Collier County Board of County Commissioners Attn:Accounts Payable 3299 Tamiami Trl E Ste 700 Naples FL 34112-5749 OR email to:bccapclerk@collierclerk.com The Purchase Order is authorized under direction of Collier County Board of County Commissioners by: Edward F.Coyman Jr,Director,Procurement Services Division Printed 12/16/2019 @ 13:35:26 111-138911-649100 Page 1 of 1 PART I -CODE 16 1 BI Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL u Sec. 54-175. Purpose and intent. Sec. 54-176. Title. Sec. 54-177. Applicability. Sec. 54-178. Definitions. Sec. 54-179. Litter declared to be a public nuisance. Sec. 54-180. Unlawful to litter. Sec. 54-181. Unauthorized accumulation of litter. Sec. 54-182. Dumping or depositing of abandoned property prohibited. Sec. 54-183. Storage of litter. Sec. 54-184. Waste materials management. Sec. 54-185. Declaration of public nuisance. Sec. 54-186. Exemptions. Sec. 54-187. Notice of violation. Sec. 54-188. Assessment for abating nuisance. Sec. 54-189. Assessment right to hearings on declaration of public nuisance and assessment. Sec. 54-190. Enforcement procedures. Sec. 54-191. Immediate corrective action. Sec. 54-192. Procedures for and effect of mailed notices. Sec. 54-193. Procedures for mandatory lot mowing program. Sec. 54-194. Penalties. Secs. 54-195-54-225. Reserved. Sec. 54-175. Purpose and intent. This Ordinance is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. (1) The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County. (2) The accumulation of weeds, grass or Exotics or similar growth on, or in close proximity to, residentially, commercially, or industrially-zoned land is detrimental to the health, safety and welfare of the citizens of Collier County. (Ord. No, 09-08, § 1) Collier County, Florida, Code of Ordinances Page 1 PART I -CODE 16 1 1 B I Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Sec. 54-176. Title. This article shall be known and may be cited as the "Collier County Litter, Weed and Exotics Control Ordinance". (Ord. No. 2005-44, § 2) Sec. 54-177. Applicability. This article shall apply to, and be enforced in, all unincorporated areas of Collier County. (Ord. No, 2005-44, § 3) Sec. 54-178. Definitions. When used in this Ordinance, the following words, phrases or terms shall have the following meanings, unless the content clearly indicates otherwise: Abandoned property. Any wrecked, inoperative, derelict or partially dismantled property having little, if any, value other than nominal salvage value, which has been left unattended and unprotected from the elements, which shall include, but not be limited to, motor vehicles, trailers, boats, machinery, appliances such as refrigerators and washing machines, plumbing fixtures, furniture and any other similar articles. Abate. To mow a Mowable Lot to a height of less than six (6) inches, or to remove Exotic Plants to a height of equal to surrounding natural elevation and to poison any stumps, if remaining, with an EPA approved herbicide containing a visual tracer dye; or to remove Litter; or to remove Abandoned Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as the mulching occurs in an Enclosed Container and is removed from the site. Construction and demolition debris. Discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to; steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood and metal scraps from a construction project; effective January 1, 1997, except as provided in F.S. § 403.707(12)(j), unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. Exotics or exotics plants. Australian pine (Casuarina, all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia auriculiformis), Java plum (Syzygium cumini), Woman's tongue(Albizia lebbeck), catclaw mimose (Mimosa pigra), and any prohibited exotic species that may be added to County Ordinance No. 04-41, as amended, (Section 3.05.08, Collier County Land Development Code). Collier County, Florida, Code of Ordinances Page 2 PARTI -CODE 161 1 BI Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Enclosed container. Any container having a physical structure which prevents materials from falling out, spilling, blowing out by wind action, or coming out by other accidental means during transport or on- site storage, and shall include, but not be limited to, garbage cans, truck bodies capable of being enclosed for transit purposes only, rolloff containers, and any other container sufficient to prevent the accidental scattering or leaking of said materials on surrounding properties and on public roads. A dumpster enclosure is not an enclosed container. Improved property. Real property that contains buildings, streets (or paved areas) or other structural improvements. Inert waste materials. Brick, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste, free from protruding rebar and/or other metals, and capable of serving as fill material without harm to, or pollution of, ground or surface waters. Litter. Any discarded, used, or unconsumed substances or wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse, debris, paper product (including newspapers and magazines), glass, metal, plastic or other containers, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. Litter shall not include horticultural wastes, such as palm fronds, that have accumulated on public or private property as the result of natural conditions. Natural conditions means accumulation that occurs as a result of an increase by natural growth rather than manmade. Mowable lot. (1) Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights-of-way, alleys, and all easements shall be included in the calculation of the Mowable Lot; or (2) Any portion of Improved Property, which can be mowed with bushhog-type, or smaller, mowing equipment without damage to the lot or equipment. Prohibited accumulation of exotics. Any accumulation of Exotics, which is located on improved or unimproved property. Recorded subdivision. Land subdivided into three (3) or more lots, parcels, sites, units, or any other division of land for which a plat has been filed with Clerk of Courts of Collier County. Receptacle. A container made of material that will protect the property and environment from leakage, spillage and overflow of any type of litter, waste or debris. A dumpster enclosure is not a receptacle. Storage of litter. The interim containment of Litter in a manner approved by the Board of County Commissioners, after generation of such Litter and prior to proper and final disposal. Unauthorized accumulation of litter. The accumulation of litter in or upon any public or private property or body of water, which is not contained within proper containers or receptacles provided for control of Litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as: (1) The subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and Collier County, Florida, Code of Ordinances Page 3 PART I -CODE 16 1 Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (2) The building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Litter shall also include, but not be limited to, the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials are placed upon a right-of-way earlier than 6:00 (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid waste collection contractor, or allowing said accumulation, or container to remain adjacent to the public right-of-way after 6:00 (6) p.m. of the day of the scheduled pickup. Unlawful accumulation of weeds, grass or similar nonprotected overgrowth. Any accumulation of weeds, grass or similar nonprotected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a Mowable Lot, in any Recorded or Unrecorded subdivision of Collier County. Unrecorded subdivision. Any land which for the purpose of sale or transfer has been subdivided for the purpose of sale or transfer, prior to the enactment of Ordinance No. 76-6, as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County. Written corrective notice. A written statement issued to the violator or his/her agent identifying and which states the violation, date of the violation, location of the violation, the corrective measures required to be taken, and the date by which the corrective measures are to be completed. (Ord. No. 2005-44, § 4; Ord. No. 09-08; § 4) Sec. 54-179. Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. (Ord. No. 2005-44; § 5; Ord. No. 09-08, § 5) Sec. 54-180. Unlawful to litter. It shall be unlawful for any person to throw, discard, place, drop, or deposit litter in any manner or amount in or upon any public property, private property, highway, street, right-of-way or body of water within the unincorporated areas of Collier County, Florida, except in such areas and enclosed containers specifically provided and appropriately designated for the disposal of litter. In any case where litter is ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this article. (Ord. No. 2005-44, § 6) Sec. 54-181. Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. Collier County, Florida, Code of Ordinances Page 4 161 . 81 PART I -CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (Ord. No. 2005-44, § 7) Sec. 54-182. Dumping or depositing of abandoned property prohibited. It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or depositing of abandoned property on any public or private real property, street, or highway. However, abandoned property kept in a completely enclosed building or a business enterprise, which is lawfully licensed and zoned for receipt and storage of abandoned property, shall be an exception to this provision. If abandoned property is kept or stored in connection with a lawfully licensed business enterprise, all abandoned property shall be screened so that it is not visible from any public right(s)-of-way or from any property used for residential purposes. It shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of abandoned property in any residential area, unless such abandoned property is kept in a completely enclosed building. (Ord. No. 2005-44, § 8) Sec. 54-183. Storage of litter. (a) All commercial establishments shall store litter in containers so as to eliminate wind-driven debris and litter in or about their establishments. The number and size of containers necessary for each commercial establishment shall be that number required to maintain clean, neat, and sanitary premises. Spillage and overflow around containers regardless of whether located within an enclosure, will constitute an unlawful accumulation of litter and must be immediately cleaned up as it occurs. (b) All loading and unloading zones at commercial establishments shall be provided with litter receptacles by the owner of the business to store litter. (c) Each person owning or operating any establishment open to the public shall provide receptacles adequate to contain litter generated from such establishment. (d) Any and every person in possession, or in charge or in control of any place, public or private where litter is accumulated or generated, at all times shall provide and maintain adequate and suitable receptacles and/or containers capable of holding such materials, until proper final disposal is accomplished. (e) All construction and demolition contractors, whether owners or agents, shall provide on-site receptacles for litter sufficient to prevent wind-driven scattering of such materials if the materials are otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites are limited to the deposit of construction and demolition debris. Food, drink and food wrappers must be removed from the construction site daily. Spillage and overflow around containers or secured building material shall constitute an unlawful accumulation of litter and shall be immediately cleaned up as it occurs. (1) Should a violation of subsection (e) of this section occur, the construction/demolition contractor, whether owner or agent, will be required to secure a roll-off container with cover, for containment of construction debris on the site with collection scheduled necessary to prevent spillage and overflow around the containers. (Ord. No. 2005-44, § 9) Sec. 54-184. Waste materials management. (a) Inert waste materials may be buried on a site after a valid building permit for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local Collier County, Florida, Code of Ordinances Page 5 161 1 PART I - CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL laws and regulations. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. On-site containment of downed trees and other vegetative growth shall be permitted on residentially-zoned lots exceeding one acre in size and in the Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on the same property of the permitted construction, providing all of the following conditions are met: (1) A valid building permit for construction of a single-family residence on the applicable lot has been obtained and is posted before removal and containment of such growth; and (2) The site plan shall identify the location of the containment area; and (3) The containment area is subject to the following restrictions: a. The downed trees and vegetative growth are placed into an excavated earthen depression which does not exceed three feet in depth from the surrounding natural elevation and does not cover a horizontal surface area greater than 10,000 square feet; and b. All such excavated earthen depressions containing downed trees and vegetative growth shall not be closer than 15 feet from the side and rear property lines or within a public or private easement or right-of-way; and c. The nearest point of such excavated earthen depression for containment of on-site downed trees and vegetative growth shall not be closer than 75 feet to any structure, 100 feet from private and/or potable wells, and no closer than 100 feet to any public or private right-of-way; and d. All downed trees and vegetative growth contained in such excavated earthen depression shall be so contained to prevent the protrusion of any such growth more than 24 inches above the surrounding natural elevation including earthen cover; and e. All cleared vegetation four inches and less in diameter shall either be chipped/shredded, or removed from the site. No chipped or shredded material shall be placed in the containment area. Stumps, root balls, tree trunks and other cleared vegetation four inches and larger in diameter may be placed in containment areas; and (4) No excavated material shall be removed from the site. (5) Failure to either remove downed trees or downed vegetative growth from residentially-zoned lots exceeding one acre in size, or estates zoned properties, or to properly contain such material as required by this article, shall result in such downed trees and/or downed vegetative growth being classified as litter and thereby subject to property owner, agent, and/or other responsible parties to any and all penalties provided under this article; and (6) Clearing within wetlands will require a department of environmental protection permit. (Ord. No. 2005-44, § 10) Sec. 54-185. Declaration of public nuisance. (a) The accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any Mowable Lot, and which lot has been specifically described by legal description and which condition has been determined by the County Manager or his designee, to be a public nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by nonprotected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. Collier County, Florida, Code of Ordinances Page 6 161 �. Bi PART I - CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (b) In the area zoned Estates, the accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared a public nuisance when located upon any improved lot within 30 feet of any residential structure up to any lot line. Such improved mowable lots may reasonably be deemed to become fire hazards. (c) The accumulation of Exotics, weeds, grass or other similar nonprotected overgrowth is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in this County, which condition is adjacent to a private or public right-of-way and is not within a Recorded or Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the property to a depth of twenty (20) feet from the property line or lines running adjacent and parallel to a private or public right(s)-of-way. (d) The accumulation of Exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the Exotics are located within a two hundred (200)foot radius of any improved property located in a Recorded or Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply when the County receives a complaint. (e) The accumulation of Exotics, weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within five hundred (500) feet of Improved Property when such accumulation has aided any person to conceal or facilitate the commission of criminal acts against passers-by and the public and is likely to continue to aid in the concealment or commission of future criminal acts if such accumulation is not abated. A report from the Collier County Sheriffs Office identifying such unimproved property, which was allegedly utilized by any person to conceal or facilitate the commission of criminal acts against passersby or the public shall constitute sufficient evidence. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved Property. (f) Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public nuisance. (g) The accumulation of weeds, grass or similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in unincorporated Collier County, which is not within a Recorded or Unrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100)feet of the property line or lines of Recorded or Unrecorded Subdivision(S). (Ord. No. 2005-44, § 11; Ord. No. 09-08, § 11) Sec. 54-186. Exemptions. (a) The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance declarations provided in this Ordinance, except for the accumulation of weeds, grass or similar nonprotected overgrowth in excess of eighteen (18) inches in height located upon any improved lot within thirty (30) feet of any residential structure up to any lot line. (b) Properties that are unimproved and that are located within an area with an Estates zoning designation shall be exempt from the weed public nuisance declarations provided in this Ordinance. (c) Nonresidential structures located on improved properties with an Estates zoning designation shall be exempt from the thirty (30) foot mowing requirements of this Ordinance. Collier County, Florida, Code of Ordinances Page 7 PART I - CODE 16 1 1 B I Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (d) Accumulations of protected vegetation such as coastal strands, scrub, tropical hammocks, dune vegetation and property officially declared "protected" by any federal, state or local ordinance (such as wetlands), are hereby exempted from being considered public nuisances under this Ordinance. (e) The lands zoned Agricultural that are located outside of the Urban Boundary as described on the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public nuisance declarations in this Ordinance. (f) All lands zoned agricultural that are not being used for an essential service as defined in the Collier County Land Development Code and/or a bona fide agricultural use shall be exempt from the weed and Exotic plant public nuisance declarations provided in this Ordinance. (g) Horticultural waste, such as palm fronds, that have accumulated on public or private property as the result of natural conditions shall be exempt from the enforcement provisions of this Ordinance. Natural conditions is defined as an accumulation that occurs as a result of an increase by natural means rather than manmade. (Ord. No. 2005-44, § 12: Ord. No. 09-08, § 12) Sec. 54-187. Notice of violation. (a) Annual published notice. Annually, the County Manager, or his designee(s) will publish, or cause to be published, a public Notice, in substantially the following form, which details the abatement procedures for violations described in this Ordinance. This Notice will be published in a newspaper of general circulation for a minimum of four Sundays beginning with the first Sunday in January of each year, and on every other Sunday thereafter. A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OF COLLIER COUNTY, FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE 2005- The Collier County Litter, Weed and Exotics Control Ordinance requires that all owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds over 18 inches by mowing. All lots with such vegetation over 18 inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct may, at the County's option, be mailed to the property owner(s) or posted on the lot. If posted, a copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S. Immokalee FL, 34142, as applicable. A posted notice may, at the option of the County, be used in lieu of mailing individual letters to property owners. After ten (10) days from the date of posting or mailing, if no action is taken, the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of one hundred dollars ($100.00). Additional charges can be assessed for oversized lots or extremely overgrown lots. Repeat violators may be subject to additional fees or charges, or after three violations may be included in a mandatory lot mowing program instituted by the County. The owner must remit payment for the amounts billed within twenty (20) days from the mailing of the County's invoice. If the invoiced bill is not paid within this twenty-day period a Determination Order assessing a lien will be imposed by the Special Magistrate. If certified and recorded, this Order may constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of determination by the Special Collier County, Florida, Code of Ordinances Page 8 161 1 6 1 PART I -CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Magistrate for Collier County. If the lien remains unpaid after one(1)year from the date of the recording of the lien, Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes. All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee owners, will be at the option of the County. The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department. Compliance with this requirement will also help to control vermin and improve the appearance of the affected areas of the unincorporated County. Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone number(239) 252-2440; located at 2800 North Horseshoe Drive, Naples, FL 34104. (1) Annual publication of this Notice is intended to provide continuing constructive notice to all affected property owners in Collier County of the procedures for abatement of the specified violations, and of the consequences of failing to timely abate cited violations. (2) Failure of the county to timely, or fully, publish the Annual Notice will not be a grounds for challenging any enforcement action brought under this article. (b) Whenever the County Manager or his designee determines that a public nuisance exists as described in this Ordinance, he will cause one or more of the following forms of notice of violation to be provided to the record owner or owners of said property informing the owner(s) of said property of the existence of the nuisance and the corresponding violations(s). The form and manner of the notice provided will be determined by the Director of Code Enforcement and will depend on the number of violations issued to a particular property owner(s), the number of and frequency of any prior violations at the property owned by the violator(s), the timeliness of any prior abatement(s) of similar violation(s), the existence of other code violations, and of any previously satisfied, foreclosed, or outstanding code enforcement liens. As a general rule, certified mail, return receipt requested, should be provided to all first time violators as set forth in the corresponding procedures below. Posted notices are generally considered appropriate for repeat violations at the same location or for the same violator(s) especially when there is a pattern of certified mail sent to property owners who are not Collier County residents being returned unclaimed or being refused. (1) A Notice of Violation may be served on a violator, i.e., the record owner(s) of the cited property, either by: a. Certified mail, return receipt requested, notifying the record owner(s) of the cited violations via a Notice in substantially the following form: Code Enforcement Department Notice of Violation and Order to Correct To: Date: Ordinance Violation/Case No. Property: Collier County, Florida, Code of Ordinances Page 9 161 1 81 PART I - CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Folio#: Dear Property Owner: According to the official records of this County, you are the owner of the above-described property. As such, you are hereby notified that the Code Enforcement Director, on [date] determined that a public nuisance exists on your property pursuant to County Ordinance No. 2005- , (as amended) caused by: [describe violation] You are further notified that you shall abate this nuisance within ten (10) days of the date of this notice by [describe how to abate] . Failing this action on your part, the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of two hundred dollars ($200.00) and will be levied as an assessment against all of the property you own. IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN ADMINISTRATIVE FEE. You may contest this determination of the existence of a public nuisance by applying in writing, for a hearing before the Special Magistrate within fifteen (15) days from the date of this notice of violation. Or: b. by posting a notice in a substantially the following form in a clearly visible location on the cited property, and at the Collier County Courthouse, or Immokalee Courthouse. The posted notices must be in substantially the following form: POSTED Collier County Code Enforcement Department Notice of Violation of Section of Ordinance 2005- , (as amended) and Order to Correct To: [Owner(s) of Record] Date Posted: Violation/Case No. Property [Insert address where violation occurred]: Folio it Collier County, Florida, Code of Ordinances Page 10 161 1 BI PART I-CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL As the official record owner(s) of the above-described property, you are hereby notified that a public nuisance exists on this property as of [insert date] in the form of: [describe violation] on the subject property. You are further notified that you must immediately abate this nuisance within ten (10) days of the date of posting of this Notice by causing the above-described property to be: [mowed/exotics removed, or otherwise describe how to abate] . If the violation is not abated within the time required, the County may act to cause the nuisance to be abated. FAILURE TO ABATE THIS NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST THE LAND ON WHICH THE VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY YOU OWN IN COLLIER COUNTY. Such liens may include the County's costs to abate the violation plus an administrative fee of two hundred dollars ($200.00), all of which may be levied as an assessment against your property(s). You may contest this Notice of Violation and determination of the existence of a public nuisance by applying in writing, for a hearing before the Special Magistrate within fifteen (15) days from the date of posting this Notice of Violation. (2) If the same violator(s) receives three or more Notices of Violation of this article during their ownership of any property in Collier County, even though the violations may have been timely abated, a penalty of fifty ($50.00) dollars will be charged for each notice received thereafter. An administrative fee of one hundred ($100.00) dollars will also be assessed for each invoice processed for the payment of said penalty. In addition, all cited property(s), may at the discretion of the County Manager or his designee, become subject to the county's mandatory lot mowing program provisions in this Ordinance. (3) If the property owner or his agent has not abated the identified nuisance as described in said notice within ten (10) days from the date of the Notice of Violation, the County will abate the condition and shall, through its employees, servants, agents, or contractors, be authorized to enter upon the property and take such steps as are reasonably required to abate the nuisance. However, the County Manager, in his discretion may extend the time allowed for taking corrective action up to 180 days for natural disasters as determined by the State or Federal government. (Old. No. 2005-44, § 13: Ord. No. 09-08, § 13) Sec. 54-188. Assessment for abating nuisance. (a) After abatement by the County or its agent, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County Manager or his/her designee. An invoice shall be mailed to the property owner(s)for the cost of abatement. The invoice shall also include an administrative fee of one-hundred ($100.00) dollars per parcel of property. (b) In the event the property owner abates the violation, but has received a total of three notices of violation for separate violations during the property owners ownership of the referenced property, the County shall mail an invoice to the property owner including a penalty of fifty ($50.00) dollars per parcel, plus an administrative fee of one hundred ($100.00) dollars for the repeat violation invoice. Each notice of violation thereafter to the same property owner, shall be processed in the same manner. (c) If the invoice sent by the County Manager or his/her designee is not paid at the expiration of the twenty (20)days of the date of the invoice, the Special Magistrate and may impose a lien against the property. The Special Magistrate, by determination order, shall assess such cost against such parcel. Said determination order shall: Collier County, Florida, Code of Ordinances Page 11 161 1 B1 PART I -CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (1) Describe the land and show the cost of abatement, and shall include the initial administrative fee of one hundred ($100.00) dollars per parcel as mentioned in paragraph 1 of this section, plus an additional administrative fee of one hundred ($100.00) dollars for lien processing; or (2) Describe the land and shall include the penalty and initial administrative fee per parcel as mentioned in paragraph 2 of this section. Such determination Order shall constitute a lien, which shall run with the property until paid. The determination Order shall also specify that interest shall accrue on the unpaid balance beginning on the date the Order is recorded at the rate of twelve (12) percent per annum. (d) A legal notice of assessment of lien shall be sent to the property owner. This Notice shall be substantially in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN [Insert Property Owner's Name and Address] DATE: REF. INV.# FOLIO# LIEN NUMBER: LEGAL DESCRIPTION: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on [date] , 20 , order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 2005- , as amended)and served a notice of violation upon you. The nuisance is: [describe the nuisance] You failed to abate such nuisance, whereupon, it was abated by the expenditure of public funds at a direct cost of $ , and an administrative cost of two-hundred ($200.00) dollars for a total of $ , [or, You abated the nuisance but failed to pay the$ penalty imposed and caused the County to incur an administrative cost of two Hundred ($200.00) dollars. Such cost, by determination order of a Special Magistrate for Collier County, Florida, will become a lien on your property within twenty (20) days of determination by the Special Magistrate when recorded. You may request a hearing before the Special Magistrate to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 2005- , (as amended) are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Secretary to the Special Magistrate, Collier County Government Center, 2800 North Horseshoe Drive, Naples, Florida 34104 in writing within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Collier County, Florida, Code of Ordinances Page 12 161 1 BI PART I-CODE Chapter 54 - ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (e) After the expiration of one year from the date of the Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. ch. 173, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set forth herein verbatim. (f) The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien for all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. (g) After recording of the Lien, the County Manager or his designee may accept partial payment and recommend satisfaction of the Lien to the Board if he/she determines an error has been made based upon his/her judgment. (Ord. No. 2005-44, § 14; Ord. No. 09-08, § 14) Sec. 54-189. Assessment right to hearings on declaration of public nuisance and assessment. (a) Any property owner receiving the Notice of Violation pursuant to this ordinance may contest this determination by filing an application for a hearing before the Special Magistrate within fifteen (15) days from the date affixed on the Notice of Violation, dependent upon the notice and type of proceeding. (b) Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. (c) If, after said hearing, the Special Magistrate determines that the assessment is fair, reasonable, and warranted, the assessment determination order shall be recorded forthwith. If the Special Magistrate determines that the charges are excessive or unwarranted, it shall direct the County Manager to re- compute the charges and the Special Magistrate shall hold a further hearing after notice to the owner upon the recomputed charges. (Ord. No. 2005-44, § 15; Ord. No. 09-08, § 15) Sec. 54-190. Enforcement procedures. Collier County Investigators are hereby empowered to issue Written Corrective Notices and/or notices to appear in County court or before the Special Magistrate to any person violating the provisions of this Ordinance. All such notices issued, shall be maintained by the issuing authority for public inspections, during normal office hours. Written Corrective Notices issued by County Investigators acting pursuant to this Ordinance shall state the date observed, nature of the offense committed, corrective measures to be taken and the date on or before which such corrections shall be made. Any person who has been served with such notice in accordance with the provisions of this Ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so ordered and/or to comply within the time frame so ordered therein, shall be in violation of this Ordinance. (Ord. No. 2005-44, § 16; Ord. No. 09-08, § 16) Collier County, Florida, Code of Ordinances Page 13 1 61 1 B1 PART I-CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Sec. 54-191. Immediate corrective action. In the event the County Manager, or his designee, determines or has reason to believe that a violation including, but not limited to, accumulation of weeds or litter presents a serious threat to the public health, safety or welfare of the public or that the violation is of such a nature as to require immediate correction, the violator may be required by notice to effectuate immediate corrective measures upon receipt of the notice. The notice, substantially in the form set forth in this Ordinance, shall advise the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the notice shall be served upon the occupant if the property is occupied or physically posted on the property and sent by certified mail to the owner as his/her name appears on the records of the property appraiser. (Ord. No. 2005-44, § 17; Ord. No. 09-08, § 17) Sec. 54-192. Procedures for and effect of mailed notices. Notices shall be mailed to the violator's address indicated on the records of the Collier County Property Appraiser of such lot or parcel of land for ad valorem taxation purposes, whether mailed by regular U.S. Postal Service upon the person, for the purpose of this article. A property owner is deemed to have received a mailed notice on the 10th day after the notice is placed in the United States mail. Evidence that the proper notice has been mailed is sufficient to demonstrate that the notice requirements of this article have been met, without regard to whether the property owner actually received such notice. Refusal to accept service of such notices by a property owner or its agent will not defeat this personal service, nor bar the county from proceeding with enforcement, creating lawful liens, and performing the necessary abatement under this article. It is the property owner's responsibility to maintain a current address with the Collier County Property Appraiser's office at all times. (Ord. No. 2005-44, § 18) Sec. 54-193. Procedures for mandatory lot mowing program. (a) Inclusion in mandatory lot mowing program. If a public nuisance is determined to exist three or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership, then at the discretion of the County Manager, or his designee, such property will be placed in the Mandatory Lot Mowing Program, as set forth below. (b) Exemption from lot mowing program. Individual property owners of record whose real property is included in the County's mandatory lot mowing program, may request an exemption from inclusion in the program by submitting to the County Manager, or his designee, a signed written agreement, acceptable to the County, covenanting that the property owner will maintain the property so that the height of any grass, weeds, or otherwise regulated vegetative matter will not constitute a public nuisance or exceed eighteen inches in height. In addition, the property owner must provide a letter of credit, contract agreement, escrow agreement, or some other surety with a mowing company that is acceptable to the County. The surety provided may vary, but must remain in effect throughout the property owner's ownership of the property(s). The agreement must also include a provision of understanding by the owner that should he/she fail to keep the contract agreement and ensure no violation to this Ordinance exists on the property(s), the agreement approved by the County will become null and void. In that event, the property owner would be provided written notice that the lot mowing program exemption would be revoked by a date certain and the property would be placed in the Mandatory Lot Mowing Program, and not be entitled to any further exemptions so long as the property is owned by the same property owner(s). (c) Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice billing amounts Collier County, Florida, Code of Ordinances Page 14 1 61 1 B 1 PART I -CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL will include actual costs incurred for mowing, plus an administrative fee. The invoice will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll address of record. Notice to owner(s) of account balance requirements is accomplished in this Section, and receipt of the invoice will not defeat this personal service, nor bar the County from proceeding with enforcement, creating lawful liens, and performing the necessary abatement under this Ordinance. (d) Failure to comply with payment of a Mandatory Lot Mowing invoice, as set forth in Subsection (3) above, will constitute a violation of this Ordinance. If, after thirty (30) days of mailing, the invoice has not been paid, the County Manager, or his designee, will proceed with enforcement procedures to file a lien. The Legal Notice of Assessment of Lien will be submitted to the Special Magistrate who shall impose a lien against the property. The Special Magistrate shall assess all applicable costs and fees against such parcel and all other properties owned by the violator in Collier County. Said action shall: A) describe the land that has been included in the Mandatory Lot Mowing Program and show the cost of abatement, which shall include the initial administrative expense of one hundred ($100.00) dollars plus one hundred ($100.00) dollars per parcel for lien processing. Such action, when recorded, shall constitute a lien on all personal and real property located in Collier County, which runs with the owner's real property until paid. The action will also specify that interest will accrue on the unpaid balance beginning on the date the order of the Special Magistrate is recorded at the statutory interest rate per annum. (e) Legal notice of assessment of lien. The Legal Notice of Assessment of Lien will substantially be in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH IT'S CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA TO: [Insert Property Owner's Name and Address] DATE: REFERENCE INVOICE#: VIOLATION FOLIO#: VIOLATION LEGAL DESCRIPTION: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulation on , 200 and ordered the abatement of certain nuisance existing on the above property prohibited by Ordinance No. 2005- , as amended, and served a notice of violation upon you. The nuisance is: [describe the nuisance] You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of$ .00 and an administrative cost of$ .00 for a total of Such costs, by order of the Special Magistrate, will become a lien on your property when recorded. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. Upon issuance of an order by the Special Magistrate, the Secretary to the Special Magistrate will immediately mail a copy of each approved Order and Notice Assessment of Lien via regular U.S. mail. If full payment for the assessed amount, is not made by the property owner within twenty (20) days from the date of signature of the determination order by the Special Magistrate, then the Secretary to the Special Magistrate will automatically and without further direction record both the Order and Notice of Assessment of Lien in the public records of Collier County. Recording said determination order will act to impose a lien on the violator's property. Collier County, Florida, Code of Ordinances Page 15 161 1 PART I -CODE Chapter 54- ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL (f) Limitation on time to contest imposition of lien. Any person aggrieved by the imposition of the lien must commence an action in circuit court within thirty(30) days from the date the order is rendered. Unless such action is begun within this thirty (30) day period, all objections of that person to the imposition of the lien will be deemed to have been waived. (g) Prepayment and recording of lien. For a period of twenty (20) days after the date of the order of the Special Magistrate imposing the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is signed, will stay the recording of the lien. If, after expiration of the prepayment period expires payment is not received, a certified copy of the order will be recorded in the Office of the Clerk of the Circuit Court in Collier County. (h) Release of lien. Owners who have paid the delinquent lien in full after the recording of the lien are entitled to a release and satisfaction of lien from the County. The recording of the release and satisfaction of lien and any charges therefore are the responsibility of the property owner. (i) Foreclosure. Liens associated with this Section may be foreclosed in the same manner as liens for property taxes or special assessments. In the event the County prevails, owners of property(s) against whom a foreclosure action is commenced will be liable for all fees, costs and expenses incurred by the County or its agents, including reasonable attorney's fees and the same may be assessed as a cost in the foreclosure action. (j) Validity of liens not affected by irregularities. Any informality or irregularity in the proceedings to impose a lien for delinquent lot mowing fees will not affect the validity of the same after the order imposing the lien has been adopted, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. (k) Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida. (Ord. No. 2005-44, § 19; Ord. No. 09-08, § 19) Sec. 54-194. Penalties. If any person fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person upon an order by the Code Enforcement Board or Special Magistrate may be fined as authorized by the Ordinances establishing the Enforcement Board and Special Magistrate. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall constitute a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Any person convicted of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred ($500.00) dollars or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Further, nothing is this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board, or Special Magistrate proceeding, established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. (Ord. No. 2005.44, § 20; Ord. No. 09-08, § 20) Collier County, Florida, Code of Ordinances Page 16 1 6 1 PART I CODE BI [h ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Secs. 54-195-54-225. Reserved. FOOTNOTE(S): (5) _- Editn/snoto--Ord. Wo. 2OO5-44. §§ 2--28. adopted Sept. 13. 2D05. amended art. V| inits entirety to read as herein set out. Fonnedy, said article pertained to similar subjecmatter. See the Code Comparative Table for a detailed analysis of inclusion. (Back) Cross reference— Litter control, § 118-5Getseq , vegetation, ch. 138. (Back) Collier County, Florida, Code of Ordinances Page 17 1 61 1 8 1 Acct #323695 December 20, 2019 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Code Enforcement Department's Annual Nuisance Abatement Notice Legals: Please advertise the notice referenced above on the four following Sundays: January 5, 2020, and every other Sunday thereafter (January 19th, February 2°d, and February 16th, 2020). Please send the Affidavit of Publication, including charges involved, to this office. Thank you. Martha Vergara, Deputy Clerk P.O. #4500200458 1 61 1 E31 A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OF COLLIER COUNTY, FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT- ORDINANCE 2009-08 The Collier County Litter Weed and Exotics Control Ordinance requires that all owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds over 18 inches by mowing. All lots with such vegetation over 18 inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct may, at the County' s option, be mailed to the property owner (s) or posted on the lot . If posted, a copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E . , Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S . Immokalee FL, 34142, as applicable . A posted notice may, at the option of the County, be used in lieu of mailing individual letters to property owners . After ten (10) days from the date of posting or mailing, if no action is taken, the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot ' s owner of record for the mowing fees plus an administrative fee of one hundred dollars ($100 . 00) . Additional charges can be assessed for oversized lots or extremely overgrown lots . Repeat violators may be subject to additional fees or charges, or after three violations may be included in a mandatory lot mowing program instituted by the County. The owner must remit payment for the amounts billed within twenty (20) days from the mailing of the County' s invoice . If the invoiced bill is not paid within this twenty-day period, a Determination Order assessing a lien will be imposed by the Special Magistrate . If certified and recorded, this Order may constitute a lien on ALL the violator ' s real and personal property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of determination by the Special Magistrate for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes . All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular 1 ( I 1 B1 absentee owners, will be at the option of the County. The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department . Compliance with this requirement will also help to control vermin and improve the appearance of the affected areas of the unincorporated County. Any questions regarding these procedures can be addressed to the Code Enforcement Department . Phone number (239) 252- 2440; located at 2800 North Horseshoe Drive, Naples, FL 34104 . 161 1 Martha S. Vergara From: Martha S. Vergara Sent: Friday, December 20, 2019 2:26 PM To: Naples Daily News Legals Subject: Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) Attachments: Annual Code Enforcement Notice (2020).doc; 2020 CE Annual Notice.doc Hello, Please advertise the following attached Sunday, January 5th, 2020 and every other Sunday thereafter (Sunday,January 19th, Sunday, February 2nd, and Sunday February 16, 2020). Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk „Ai c_�u;� Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 (49,..0 Naples, FL 34112 www.CollierClerk.com 1 161 1 Bi Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Friday, December 20, 2019 4:21 PM To: Martha S. Vergara Subject: RE: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Martha, We've just got the get the government package applied to this account so that it prices out correctly. That should be done by Monday so I will send you an order confirmation then. Thank you, Derek Lindberg Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700 option 3 www.naplesnews.com From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, December 20, 2019 1:26 PM To: NDN-Legals<legals@naplesnews.com> Subject: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) Hello, Please advertise the following attached Sunday, January 5t", 2020 and every other Sunday thereafter (Sunday, January 19t", Sunday, February 2nd, and Sunday February 16, 2020). Please forward an ok when received, if you have any questions feel free to call me. Thanks, 16L 1 B Martha S. Vergara From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com> Sent: Monday, December 23, 2019 12:33 PM To: Martha S. Vergara Subject: RE: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Martha, We've got the government package applied to this account and the ad is pricing out correctly now. I've attached an order confirmation and proof for your review.The ad is scheduled to run in the Naples Daily News on January 5, 19; and February 2, 16, 2020.The total cost is$1,318.64. An affidavit will be mailed to you following the final run date of the ad. Any changes are needed by 5:00 pm EST on January 3rd Thank you, Derek Lindberg Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700 option 3 www.naplesnews.com From: Martha S. Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, December 20, 2019 1:26 PM To: NDN-Legals<legals@naplesnews.com> Subject: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) Hello, Please advertise the following attached Sunday, January 5th, 2020 and every other Sunday thereafter (Sunday, January 19th, Sunday, February 2"d, and Sunday February 16, 2020). Please forward an ok when received, if you have any questions feel free to call me. Thanks, 1 1611 6 1 NapLr c PART OF THE USA TODAY NETWORK BCC CODE ENFORCEMENT 3299 TAMIAMI TRL E#700 NAPLES FL 34112--574 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1303802 0003966476 $1,318.64 $0.00 $1,318.64 Invoice $0.00 $1,318.64 Sales Rep: dlindberg Order Taker: dlindberg Order Created 12/20/2019 Product #Ins Column Lines Start Date End Date NDN-Naples Daily News 4 2.00 53 01/05/2020 02/16/2020 NDN-naplesnews.com 4 2.00 53 01/05/2020 02/16/2020 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 12/20/2019 16 1 B . A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OF COLLIER COUNTY,FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE 2009-08 The Collier County Litter Weed and Exotics Control Ordinance requires that all owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds over 18 in- ches by mowing. All lots with such vegetation over 18 inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct may, at the County's option, be mailed to the property owner(s) or posted on the lot. If posted, a copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S. Im- mokalee FL,34142,as applicable. A posted notice may, at the option of the County, be used in lieu of mailing individual letters to property owners. After ten (10)days from the date of posting or mailing, if no action is tak- en,the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot's owner of record for the mowing fees plus an adminis- trative fee of one hundred dollars ($100.00). Additional charges can be assessed for oversized lots or extremely overgrown lots. Repeat violators may be subject to additional fees or charges, or after three violations may be included in a mandatory lot mow- ing program instituted by the County. The owner must remit payment for the amounts billed within twenty (20)days from the mailing of the County's invoice. If the invoiced bill is not paid within this twenty-day period, a Deter- mination Order assessing a lien will be imposed by the Special Magistrate. If certified and recorded, this Order may constitute a lien on ALL the violator's real and personal property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of determination by the Special Magistrate for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier County may bring suit to foreclose the lien as set for in Chapter 173,Florida Statutes. All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee owners, will be at the option of the County. The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department. Compliance with this re- quirement will also help to control vermin and improve the ap- pearance of the affected areas of the unincorporated County. Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone number (239) 252- 2440;located at 2800 North Horseshoe Drive,Naples,FL 34104. Pub Dates:Jan 5, 19;Feb 2,16,2020#3966476 161 1 BI Martha S. Vergara From: Martha S. Vergara Sent: Monday, December 23, 2019 2:27 PM To: DavidsonColleen Subject: Nuisance Abatement Ord. Ad Attachments: OrderConf.pdf Hi Colleen, Attached is the Code Enforcement ad that will run on the following dates: January 5th, 19tH February 2nd, & 16th Please forward an approval once you've reviewed and approved the ad proof. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk .1(01(f,r,�,T. Office: 239-252-7240 *`' 4`,� Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court &Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com 1 161 1 B1 Martha S. Vergara From: DavidsonColleen <Colleen.Davidson@colliercountyfl.gov> Sent: Thursday, December 26, 2019 8:28 AM To: Martha S. Vergara Subject: RE: Nuisance Abatement Ord. Ad Approved. Thank you! CofThen Davidson Operations Manager Collier County Code Enforcement 2800 North Horseshoe Drive Naples,FL 34104 Office:(239)2522975(direct line) Code Enforcement main number:(239)252-2440 Colleen_.Davidson(cDcofiercountyfl.gov Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance." "HOW ARE WE DOING?" Please follow this link to fill out a CUSTOMER SURVEY. https://colliercounty.col.qualtrics.com/ife/form/SV czRS8tDYg3mCKix We appreciate(your feedbacl€! From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Monday, December 23, 2019 2:27 PM To: DavidsonColleen<Colleen.Davidson@colliercountyfl.gov> Subject: Nuisance Abatement Ord. Ad EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Hi Colleen, Attached is the Code Enforcement ad that will run on the following dates: January 5th, 19th February 2"d, & 16th Please forward an approval once you've reviewed and approved the ad proof. Thanks, 161 1, B Martha S. Vergara From: Martha S. Vergara Sent: Thursday, December 26, 2019 10:39 AM To: 'GRSC-West-Legals mbx' Subject: RE: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) Morning Derek, This ad proof has been reviewed and approved by the dept. Please proceed with publishing as requested. Thanks, Martha From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com> Sent: Monday, December 23, 2019 12:33 PM To: Martha S.Vergara <Martha.Vergara@collierclerk.com> Subject: RE: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hi Martha, We've got the government package applied to this account and the ad is pricing out correctly now. I've attached an order confirmation and proof for your review. The ad is scheduled to run in the Naples Daily News on January 5, 19; and February 2, 16, 2020.The total cost is$1,318.64. An affidavit will be mailed to you following the final run date of the ad. Any changes are needed by 5:00 pm EST on January 3rd Thank you, Derek Lindberg Public Notice Representative Naples Daily News I LOCALiQ PART OF THE USA TODAY NETWORK Office: 239-263-4700 option 3 www.naplesnews.com From: Martha S.Vergara <Martha.Vergara@collierclerk.com> Sent: Friday, December 20, 2019 1:26 PM To: NDN-Legals<legais@naplesnews.com> Subject: 3966476 Code Enforcement Nuisance Abatement Notice (1/5, 1/19, 2/2, 2/16/2020) Hello, 161 ' 1 Ell r ai1l " ritril PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 BCC CODE ENFORCEMENT 3299 TAMIAMI TRL E#700 A PUBLIC NOTICE FROM THE CODE ENFORCEMENT NAPLES,FL 34112-5749 DEPARTMENT OF COLLIER COUNTY,FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN Affidavit of Publication HEIGHT-ORDINANCE 2009-08 The Collier County Litter Weed and Exotics Control Ordinance STATE OF WISCONSIN requires that all owners of developed and undeveloped lots COUNTY OF BROWN shall control all excessive growth of grasses or weeds over 18 in- ches by mowing. All lots with such vegetation over 18 Inches In height will he identified by a Code Enforcement Investigator Before the undersigned they serve as the authority, and a Notice of Violation arid Order to Correct may, at the County's option, be mailed to the property owner(s) or posted personally appeared said legal clerk who on oath says that on the lot. If posted, a copy of this notice will also be posted at he/she serves as Legal Clerk of the Naples Daily News, a the Collier County Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S. Im- daily newspaper published at Naples, in Collier County, mokalee FL,34142,as applicable. Florida; distributed in Collier and Lee counties of Florida; A posted notice may, at the option of the County, be used in lieu of mailing individual letters to property owners. After ten that the attached copy of the advertising was published in (10)days from the date of posting or mailing, if no action is tak- said newspaper on dates listed. Affiant further says that the en,the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A hill will then be sent to said Naples Daily News is a newspaper published at the lot's owner of record for the mowing fees plus an adminis- trative fee of one hundred dollars (5100.00) Additional charges P Y can he assessed for oversized lots or extremely overgrown lots. newspaper has heretofore been continuously published in Repeat violators may be subject to additional fees or charges,or Said after three violations may be included in a mandatory lot mow- ing program instituted by the County. Collier County, Florida; distributed in Collier and Lee The owner must remit payment for the amounts billed within counties of Florida, each day and has been entered as twenty(20)days from the mailing of the County's invoice If the invoiced bill is not paid within this twenty-day period, a Deter• second class mail matter at the post office in Naples, in ruination Order assessing a lien will be imposed by the Special said Collier County, Florida, for a period of one year next Magistrate. If certified and recorded, this Order may constitute a lien on ALL the violator's real and personal property in Collier preceding the first publication of the attached copy of County. This lien may be paid without further costs, within advertisement; and affiant further says that he has neither twenty(20) days from the date of determination by the Special Magistrate for Collier County. If the lien remains unpaid after paid nor promised any person, or corporation any discount, one(I) year from the date of the recording of the lien, Collier rebate, commission or refund for the purpose of securing County may bring suit to foreclose the lien as set for in Chapter 173,Florida Statutes. this advertisement for publication in the said newspaper. All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee Published:January 5,2020, January 19,2020, February owners, will be at the option of the County The cooperation of 2,2020, February 16,2020 all affected property owners will assist in reducing the large number of complaints about such nuisances received each year �—, by the Code Enforcement Department Compliance with this re- quirement will also help to control vermin and improve the ap- pearance of the of fected areas of the unincorporated County. Any questions regarding these procedures can be addressed to Subscribed and sworn to before on February 16,2020: the [ride Fnforcernant Department Plume number (239) 252- 2440;located at 2800 North Horseshoe Drive,Naples,FL 34104. Pub Dates:Jan 5,19;Feb 2,16,2020#3966476 1)(a a-CL_1(Y) UN1 4..0.i_cx.i,�_) Notary, -'-" - -- rARA MONDLOCFI Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost:$1,318.64 Ad No:0003966476 Customer No: 1303802 PO#: 4500200458 This is not an invoice 1 6 11 B 2 ,l cf,,,,,,,, , J 44, V February 28,2020 Crystal K. Kinzel Clerk of the Circuit Court Finance Department 3301 E. Tamiami Trail Naples, Fl. 34112 Dear Mrs. Kinzel: It is our understanding the following information should be reported to the County Clerk of Courts: 1. Any changes in the registered agent or office. 2. The housing authority's public meeting schedule (which are held on the third Tuesday of each month). 3. Public facilities report, if applicable(initial, annual notice of any changes and updated reports). No Changes in Public Facilities Report—Not Attached. 4. Upon request,the housing authority's budget. 5. Copy of audit for September 30, 2019. Therefore, we are providing you with a copy of our annual filing notice for the registered agent or office and a copy of the housing authority's meeting schedule for fiscal year 2019-2020. There has been no change in public facilities. I hope this satisfies our reporting requirements to Collier County Clerk of Courts. If you have any questions, please contact me directly at(239)657-3649. Sincerely, la e A 1 ism VA . .!_ � .. S' Oscar I to ltschel Executive Director Enclosures. 1800 Farm Worker Way,Immokalee FL 34142 wWw.cchafl.org Ph:239-657-3649 Fax:239-657-7232 161 r- olis11t; ir 1rrt11rJrr Board Meetings for the Collier County Housing Authority For the year 2020 will be held on the third Tuesday of each month at 3:00 P.M. at the office located at 1800 Farm Worker Way,Immokalee,Florida 34142. Are scheduled as follows: January 21,2020 February 18,2020 March 17,2020 April 21,2020 May 19,2020 June 16, 2020 July 21, 2020 August 18,2020 September 15,2020 October 20, 2020 November 17,2020 December 15,2020 Dates are subject to change, please check website: www.cchafLorg &11111. MAWR 161 1 B 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida W AUDIT REPORT For the Year Ended September 30, 2019 I II ri El El I I I I I I I g 16 1 1 B2 [1 COLUER COUNTY HOUSING AUTHORITY Immokalee, Florida Table of Contents September 30, 2019 [1 Page Independent Auditor's Report 1-2 tI Management's Discussion and Analysis (MD&A) 3-9 I LiBASIC FINANCIAL STATEMENTS Statement of Net Position- Proprietary Fund Type 10 n Statement of Revenues, Expenses and Changes in Fund Net Position- Proprietary Fund Type 11 I ` Statement of Cash Flows- Proprietary Fund Type 12 Notes to Financial Statements 13-29 SUPPLEMENTAL INFORMATION Combining Schedule of Assets, Liabilities and Net Position 30 Combining Schedule of Revenues, Expenses and Changes in Fund Net Position 31 rl Farm Worker Subsidized Housing Program 32-35 Certificate of Borrower 36-37 SINGLE AUDIT SECTION Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 38-39 'Z j Independent Auditor's Report on Compliance for each Major Program and on Internal Control over Compliance Required by the Uniform Guidance 40-41 Schedule of Findings and Questioned Costs 42-43 Summary Schedule of Prior Year Findings 44 Corrective Action Plan.. .. . .. 45 n SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS 46 u MANAGEMENT LETTER 47-48 FINANCIAL DATA SCHEDULE 49-54 r7 l 1 IÔL 82 1 11111!Barton, 13137-66th Street,Largo,FL 33773 �.�.F G MEN,' Gonzalez Phone:(727)344-1040 Fax:(727)533-8483 I & Myers, P.A. www.bartoncpas.com Certified Public Accountants I Independent Auditor's Report Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited the accompanying financial statements of the Collier County Housing Authority("Authority")as of and for the year ended September 30, 2019, and the related notes to the financial statements, which collectively comprise the Authority's basic financial statements as listed in the table of contents. LManagement's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance Fl with accounting principles generally accepted in the United States of America; this includes the design, implementation,and maintenance of internal control relevant to the preparation and fair presentation of financial ' statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit.We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements,whether due to fraud or error.In making those risk assessments,the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management,as well as evaluating the overall presentation of the financial statements. J We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. rl Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Collier County Housing Authority,as of September 30,2019,and the changes in financial position and cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. • Other Matters U.J Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 3 through 9 be presented to supplement the basic financial statements 161 1 B2 Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board,who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements,and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. r L Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements that collectively comprise the Collier County Housing Authority's basic financial statements. The accompanying Financial Data Schedule is presented for additional analysis and is not a required part of the financial statements.The schedule of expenditures of federal awards is presented for purposes of additional analysis as required by Title 2 U.S. i Code of Federal Regulations(CFR)Part 200,Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards (Uniform Guidance), and is also not a required part of the basic financial statements. F4 This other information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements.Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures,including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion,the Financial Data Schedule and the schedule of expenditures of federal awards are fairly stated in all material respects in relation to the basic financial statements as a whole. LJ Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards,we have also issued our report dated February 11,2020, on our consideration of the Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws,regulations,contracts,and grant agreements and other matters.The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Authority's internal control over financial reporting and compliance. .6; I # )44. Barton, Gonzalez & Myers, P.A. Certified Public Accountants February 11, 2020 1 2 X61 1 B COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Management Discussion and Analysis September 30, 2019 11! Management's Discussion and Analysis (MD&A) is an element of the reporting model adopted by the Governmental Accounting Standards Board (GASB) in their Statement No. 34 Basic Financial Statements— and Management's Discussion and Analysis— for State and Local Governments issued June 1999. The most significant changes on the 2019 financial statements were in the expendable LI fund balance and expenses. aFinancial Highlights • Assets: r� As of September 30, 2019, total assets were $22,731,080 as compared to $21,681,076, as of September 30, 2018, an increase of$1,050,004. Current assets increased $692,060 due to increase in Cash ($326,352)and increase in Net Accounts FIR Receivable ($327,433). Capital assets increased $357,944 due to capital additions exceeding annual depreciation. • Liabilities: Total liabilities(decreased)$573,521. The reduction primarily is related to a$460,742 reduction in outstanding debt and the recognition of $ 98,626 in revenue during the current year that was deferred at the end of 2018. • Revenues: In 2019, total revenue increased $745,314. The revenue change can be primarily attributable to the following: Increase in Dwelling Rent $ 574,389 Increase in Voucher Funding 133,697 Decrease in Other Grant Funding: (Decrease) in USDA Capital Grant (1,991,670) Increase in SHIP Funding 600,000 Increase in FEMA Funding 412,793 Increase in TBRA Funding 166,704 (Decrease) In ROSS Grant (19,519) Increase in Local Grant Funding 188,190 (643,502) Increase in Insurance Proceeds 884,863 (Decrease) In HAP Port In (84,237) (Decease) Other (119,896) Total Increase in Revenue $ 745,314 is rT 3 • 161 1 1 COLLIER COUNTY HOUSING AUTHORITY IJ Immokalee, Florida Management Discussion and Analysis September 30, 2019 11 • Expenses: — - -- - — Total expenses increased $1,598,155. Increase in expenditures can be primarily attributable to the following: Increase in Admin and Maintenance Payroll $ 242,175 Increase in Storm Damage Costs 1,009,464 Increase Depreciation Costs 197,138 Decrease in Hap Port In (142,979) r Increase in Housing Assistance Payments 143,743 �- Increase Other 148.614 rt Total Increase in Expenses 1,598,155 Overview of the Financial Statements The annual report includes a Management Discussion and Analysis report, the Basic Financial Statements, the Notes to the Financial Statements, and the Financial Data Schedule (FDS) as referenced in the section of Supplemental Information Required by HUD. The financial statements are presented as fund level financial statements because the Housing Authority only has proprietary funds. The financial statements report information using accounting methods like those used by `J private sector companies. These statements offer short-term and long-term financial a information about the Housing Authority's activities. The Statement of Net Position includes assets and liabilities plus provides information about the nature and amounts of investments in resources(assets)and obligations to creditors(liabilities). It also provides the basis for evaluating capital structure to include assessing liquidity and financial flexibility. For accounting purposes, the Housing Authority is classified as an enterprise fund. Enterprise funds account for activities like those found in the private business sector where the determination of net position is necessary or useful to sound financial administration. Enterprise funds are reported using the full accrual method of accounting in which assets and liabilities, associated with the operation of these funds, are included on the balance sheet. Their focus is on income measurement which, together with the maintenance of equity, is an important financial indicator. Our discussion and analysis provides an overview of the financial activities and performance for year-end September 30, 2019. 4 I 6 6 1 82 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Management Discussion and Analysis September 30, 2019 All the current year's revenues and expenses are accounted for in the Statement of Revenues, Expenses, and Changes in Fund Net Position. This statement measures the ability of management to meet budgets, maintain property(meets HUD specifications and inspections), and determines whether the Housing Authority has successfully recovered costs through its rental fees and other charges. It can also be used to measure �}} profitability and credit worthiness. The Statement of Cash Flows reports cash receipts, cash payments, and net changes in cash resulting from operating, investing, and financing activities. It also provides answers to such questions as where did cash come from, what was cash used for, and what was the change in the cash balance during the reporting period. r? The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the basic financial statements. 1 Supplemental information included in the financial statements contains the Financial Data Schedule (FDS). HUD has established Uniform Financial Reporting Standards that require the Housing Authority to submit financial information electronically to HUD using the FDS format. Financial Analysis One of the most important questions concerning finances is the following; "Is the Housing Authority as a whole better, or worse, off because of the achievements of the reported fiscal year?" The purpose of the information presented in this Management's Discussion and Analysis is to assist the reader in answering this question. The basic financial statements are the Statement of Net Position and the Statement of Revenues, Expenses, and Changes in Fund Net Position. The Statement of Net Position provides a summary of assets and liabilities as of the close of business on September 30, 2019.The Statement of Revenues, Expenses, and Changes in Fund Net Position summarize the revenues, and sources of those revenues, generated and the expenses incurred in operating the Housing Authority for the year-ended September 30, 2019. Collier County Housing Authority's primary programs were a Section 8 Housing Choice Voucher program that provides rental assistance to qualified individuals living in private housing, a Rural Rental Assistance Payments program which aids low-income families in rural areas, and business activities (rental properties). 5 161 1 13 a COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida I Management Discussion and Analysis 1 September 30, 2019 1 Net Position September 30, Iof 2019 2018 Change Change i Current Assets $ 4,411,126 $ 3,719,066 $ 692,060 18.61% U Capital Assets, Net 18,319,954 17,962,010 357,944 1.99% DTotal Assets $ 22,731,080 $ 21,681,076 $ 1,050,004 4.84% Current Liabilities 757,772 947,459 (189,687) -20.02% r? Noncurrent Liabilities 5,214,335 5,598,169 (383,834) -6.86% Total Liabilities $ 5,972,107 $ 6,545,628 $ (573,521) -8.76% PR Net Position: Investment in Capital Assets 13,357,954 12,668,010 689,944 5.45% r • Restricted Net Position 1,915,055 2,031,488 (116,433) -5.73% Unrestricted Net Position 1,485,964 435,950 1,050,014 240.86% Total Net Position $ 16,758,973 $ 15,135,448 $ 1,623,525 10.73% I Capital Assets D (Net of Accumulated Depreciation) September 30, %of D2019 2018 Change Change Land $ 2,678,245 $ 2,568,713 $ 109,532 4.26% Infrastructure 5,799,049 4,873,899 925,150 18.98% ri Buildings 37,128,072 36,597,271 530,801 1.45% ,i Furniture& Equipment-Dwell 644,062 529,057 115,005 21.74% Furniture&Equipment-Admin 1,691,316 1,755,566 (64,250) -3.66% 1 Construction in progress 105,120 329,405 (224,285) -68.09% -.J Subtotal 48,045,864 46,653,911 1,391,953 2.98% Accumulated Depreciation (29,725,910) (28,691,901) (1,034,009) 3.60% Net Capital Assets $ 18,319,954 $ 17,962,010 $ 357,944 1.99% 71 u ,J 6 r, L_ 1 61 1 B 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Management Discussion and Analysis September 30, 2019 Total Net Position As of September 30, 2019, the Housing Authority had $16,758,973 invested in total net position. Of this amount, $1,485,964 of unrestricted net position may be used to meet the Authority's future ongoing expenses and obligations. Restricted net position of $127,445 was available for Section 8 Housing Assistance Payments (HAP) and Li $1,787,610 was available for Rural Rental Assistance. The remainder of$13,357,954 represents the investment in capital assets of land, buildings, infrastructure,furnishings, [3 leasehold improvements, equipment, and construction in progress. Debt n Total debt consisted of$4,962,000 in revenue bonds for the Rural Rental Assistance and $479,685 in operational borrowing for business activities. The current portion of long- PI term debt was $224,000 for Rural Rental Assistance and $98,681 for business activities. The noncurrent portion of long-term debt was$4,738,000 for the Rural Rental Assistance and $381,004 for business activities. • Changes in Net Position , For the Year Ended September 30, 2019 %of 2019 2018 Change Change lJ Revenue: Tenant Revenue $ 3,182,551 $ 2,608,161 $ 574,390 22.02% 0 Federal Grants&Subsidy 5,906,351 6,336,402 (430,051) -6.79% Investment 17,124 14,124 3,000 21.24% Other Income 1,530,943 932,968 597,975 64.09% flTotal Revenue 10636,969 9,891,655 745,314 7.53% Expenses: Administrative 1,274,312 1,142,185 132,127 11.57% Tenant Services 123 7,185 (7,062) -98.29% Utilities 150,545 144,088 6,457 4.48% Routine Maintenance 2,347,268 1,106,316 1,240,952 112.17% Protective Services 51,877 24,319 27,558 113.32% General 406,016 416,222 (10,206) -2.45% 1 Interest 80,393 3 69,965 10,428 14.90% Housing Assistance Payments ,668,901 3,668,138 763 0.02% Depreciation 1,034,009 836,871 197,138 23.56% ITotal Operating Expenses 9,013,444 7 415,289 1,598.155 21.55% Increase(Decrease) in Net Position $ 1,623,525 $ 2,476,366 $ (852,841) -34.44% 1 7 I 161 1 82 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Management Discussion and Analysis September 30, 2019 Changes in Net Position LIThrough the course of operations, the Housing Authority's Total Assets increased $ 1,050,004 while the Housing Authority's Total Liabilities decreased $573,571 to reflect a total change in Net Position of$ 1,623,525. The $1,623,525 can be measured in the excess of revenue over r; expenses. U 2019 Total Revenue Other Income Federal Grants& 2019 Total Operating Expenses aDepreciatio Routine Housing Assistance Generali r, . 61 1 BE COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Management Discussion and Analysis September 30, 2019 Economic Factors The Housing Authority is primarily dependent upon HUD and the USDA for the funding of operations. The entity is affected by both federal budgetary decisions and by local economic conditions. Li Contacting the Housing Authority's Financial Management Our financial report is designed to provide our citizens, taxpayers, and creditors with a general overview of the Authority's finances and to show accountability for money it f 1 receives. If you have questions or need further clarification regarding the financial - 1 statements, contact Mr. Oscar Hentschel, Executive Director, Collier County Housing Authority, 1800 Farm Worker Way, Immokalee, FL 34142, telephone number(239)657- 3649. a a n rl 7 n 9 n Ll 1 61 1 82 [1 Collier County Housing Authority Immokalee,Florida Statement of Net Position-Proprietary Fund Type September 30,2019 p ASSETS AND DEFERRED OUTFLOWS OF RESOURCES Current Assets: Cash and cash equivalents $ 1,471,172 Cash and cash equivalents restricted 1,945,446 Investments-restricted 206,051 Tenants receivable,net of allowance for doubtful accounts of$1.573 50,019 Accounts receivable-government 453.300 Accounts receivable-other 5,794 Accrued interest receivable 3,916 Prepaid expenses 180,723 Supplies inventory,net of allowance for obsolescence of$2,929 94,705 Total current assets 4,411,126 Noncurrent Assets. Capital Assets rl Nondepreciable capital assets 2,678,245 Depreciable capital assets, net 15,536 589 Construction in progress 105,120 Total capital assets 18,319,954 Total noncurrent assets 18,319,954 Deferred Outflows of Resources - Total assets and deferred outflows of resources $ 22,731.080 LIABILITIES,DEFERRED INFLOWS OF RESOURCES,AND NET POSITION Current Liabilities Accounts payable and accrued liabilities $ 109,112 Tenant secunty deposits 234,838 Accrued compensated absences 10,592 Accrued interest payable 9,896 Unearned revenue 70,653 Current maturities of notes payable 98,681 a Current maturities of bonds payable 224,000 Total current liabilities 757,772 Noncurrent Liabilities Accrued compensated absences 95,331 Notes payable 381,004 Bonds payable 4,738,000 Total noncurrent liabilities 5,214,335 Total liabilities 5,972,107 Deferred Inflows of Resources Net Position Net investment in capital assets 13.357,954 Restncted net position 1.915,055 Unrestricted net position 1,485,964 Total net position 16,758,973 . J Total liabilities deferred inflows of resources and net position $ 22,731,080 See and•lor's report The notes to the Briant+al statements are an integral part of this statement 10 L. 1 61 1 B 2 Collier County Housing Authority Immokalee, Florida Statement of Revenues, Expenses and Changes in Fund Net Position - Proprietary Fund Type For the Year Ended September 30, 2019 Operating revenues: Tenant rental revenue (net) $ 3,182,551 HUD operating grants 3,807,639 Other government grants 2,098,712 Other revenue 1,530,943 UTotal operating revenues 10,619,845 o Operating expenses: Administration 1,274,312 Tenant services 123 r, Utilities 150,545 Ordinary maintenance 2,347,268 Protective services 51,877 General expenses 406,016 Housing assistance payments 3,668,901 Depreciation 1,034,009 r, Total operating expenses 8,933,051 Operating income 1,686,794 Nonoperating revenue and expense: Interest expense (80,393) a Interest income 17,124 Net nonoperating expense (63,269) Net income 1,623,525 Contributions-capital grants 0 r 6-I Increase in net position 1,623,525 Net position, beginning of year, restated 15,135,448 Net position, end of year $ 16,758,973 U n See auditor's repot/ The notes to the financial statements are an integral part of this statement 11 r� 1 61 1 B Collier County Housing Authority Immokalee, Florida Statement of Cash Flows-Proprietary Fund Type For the Year Ended September 30, 2019 Cash flows provided from operating activities: Cash received from tenants and others $ 4,606,801 Cash paid for goods and services (3,116,107) Cash paid to employees for services (1,097,535) Cash paid for housing assistance payments (3,668,901) HUD PHA grants received 3,807,639 Other government grants 1,752,282 Net cash provided from operating activities 2,284,179 Cash flows used by capital and related financing activities: Acquisition of capital assets (1,391,953) Payments of interest on notes and bonds (117,748) r7 Payments of principal on notes and bonds (460,743) Net cash used by capital and related financing activities (1,970,444) Cash flows provided by investing activities: Interest on investments 14,232 Purchase of investments, net (1,614) Net cash flows provided by investing activities 12,618 Net increase in cash and cash equivalents 326,353 Cash and cash equivalents, beginning of year 3,090,265 Cash and cash equivalents, end of year $ 3,416,618 Reconciliation of operating income to net acash provided from operating activities: Operating income: $ 1,686,794 Adjustments to reconcile operating income to net cash provided from operating activities: Depreciation 1,034,009 Increase in tenants, accounts receivable-government, accounts receivable- other (324,550) Increase in prepaid expenses (6,979) Increase in supplies inventory (29,672) ri Increase in accrued compensated absences 34,090 Decrease in unearned revenue (98,627) Increase in accounts payable, accrued liabilities and security deposits 48,189 Decrease in other liabilities (59,075) Total adjustments 597,385 -1 Net cash provided from operating activities $ 2,284,179 4J 1 See auditor's report , The notes to the financial statements are an integral part of this statement ri 12 161 . B COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 1: Summary of Significant Accounting Policies and Organization: A. Organization: Collier County Housing Authority ("the Authority") is a public body corporate and politic pursuant to Chapter 421 Laws of the State of Florida which was organized to provide low rent housing for qualified individuals in accordance with the rules and regulations prescribed by the U.S. 1.1Department of Housing and Urban Development(HUD) and other federal agencies. The Authority has been a recipient of several loans and grants from Rural Housing Services(RHS) since 1971 under Project No. 09-011-05914055 pursuant to Sections 514 and 516 of the Housing Act of 1949, as amended. The Rural Housing Services programs are designed to provide decent, safe and sanitary low-rent housing and related facilities for domestic farm laborers. ri Effective July 1, 1992, the Board of Commissioners of Collier County transferred all of its HUD Housing Assistance Payments programs to the Authority,pursuant to an Assumption and Inter-local r i agreement.The transfer was approved by the U.S. Department of Housing and Urban Development pursuant to a Contract of Novation between the Authority, the County and HUD. The Authority has agreed to undertake the development and operation of certain low rent housing projects and to provide decent, safe and sanitary housing for eligible families pursuant to Section 8 of the Housing Assistance Act by means of Housing Assistance Payments to owners through Annual Contributions Contract number A-3402V(Housing Choice Vouchers, Housing Assistance Program). B. Reporting Entity: In determining how to define the reporting entity,management has considered all potential component units. The decision to include a component unit in the reporting entity was made by applying the criteria set forth in Section 2100 and 2600 of the Codification of Governmental Accounting and Financial Reporting Standards and Statement No. 14, (amended) of the Governmental Accounting Standards Board: The Financial Reporting Entity. These criteria include n manifestation of oversight responsibility including financial accountability, appointment of a voting U majority, imposition of will, financial benefit to or burden on a primary organization, financial accountability as a result of fiscal dependency, potential for dual inclusion, and organizations • included in the reporting entity although the primary organization is not financially accountable. Based upon the application of these criteria,the reporting entity has the following component units. Blended Component Unit: CCHA Land Development Corporation - this component unit has been blended for financial statement presentation. -� The basic financial statements of the Collier County Housing Authority include Farm Labor Housing Loans and Grants(Rural Housing Service Capital Projects Program),Section 8 Housing Assistance Programs under Annual Contributions Contract A-3402, Horizon Village(a business activity)which �J provides affordable housing to low to moderate income families, local grants(Homeless Prevention Rapid Re-housing Program), and the CCHA Land Development Corporation, which is a non-profit corporation organized, incorporated and controlled, by the Collier County Housing Authority for the advancement of affordable housing. 13 r 161 1 B2 Ci COLLIER COUNTY HOUSING AUTHORITY �{ Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 1: Summary of Significant Accounting Policies: (Continued) C. Basis of Presentation and Accounting: In accordance with uniform financial reporting standards for HUD housing programs, the basic financial statements are prepared in accordance with U.S. + generally accepted accounting principles (GAAP). I Based upon compelling reasons offered by HUD,the Authority reports its basic financial statements as a special purpose government engaged solely in business-type activities,which is similar to the governmental proprietary fund type(enterprise fund),which uses the accrual basis of accounting and the flow of economic resources measurement focus. Revenues are recorded when earned and expenses are recorded at the time the liabilities are incurred. Pursuant to GASB Statement No. 62, r-I Codification of Accounting and Financial Reporting Guidance Contained in Pre-November30, 1989 FASB and AICPA Pronouncements, certain accounting and financial reporting guidance is applied in the preparation of the basic financial statements, unless those pronouncements conflict with or >• contradict GASB pronouncements. Generally accepted accounting principles for state and local governments requires that resources be classified for accounting and reporting purposes into the following three net position categories: Net Investment in Capital Assets - Capital assets, net of accumulated depreciation and outstanding principal balances of debt attributable to the acquisition, construction or improvement of those assets. Restricted - Net position whose use by the Authority is subject to externally imposed stipulations that can be fulfilled by actions of the Authority pursuant to those stipulations or that expire by the passage of time. Such assets include assets restricted for capital acquisitions and debt service. The statement of net position of the Authority reports $1,915,055 of restricted net position, which consists of the following: USDA sinking fund (Note 8) $ 16,696 r USDA sinking fund reserve replacement(Note 8) 1,770,914 HCV HAP reserves 127,445 Total restricted net position $ 1,915,055 Unrestricted-Net position that is not subject to externally imposed stipulations.Unrestricted net position may be designated for specific purposes by action of management or the Authority Board or may otherwise be limited by contractual agreements with outside parties. D. Budgets:Budgets are prepared on an annual basis for each major operating program and are used as a management tool throughout the accounting cycle. The capital fund budgets are adopted on a u "project length" basis. Budgets are not, however, legally adopted nor legally required for basic financial statement presentation. r 14 1 61 B COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 1: Summary of Significant Accounting Policies: (Continued) E. Cash and Cash Equivalents: For purposes of the Statement of Cash Flows,the Authority considers all highly liquid investments(including restricted assets)with a maturity of three months or less when purchased and non-negotiable certificates of deposit to be cash equivalents. F. Interprogram Receivables and Payables: Interprogram receivables/payables,when present,are all current, and are the result of the use of the Rural Housing Services Program as the common paymaster for shared costs of the Authority. Cash settlements are made periodically, and all t interprogram balances net zero. Offsetting due to/due from balances are eliminated for the basic financial statement presentation. G. Investments: Investments,when present,are recorded at fair value. Investment instruments consist only of items specifically approved for public housing agencies by HUD and the U.S Department of Agriculture. Investments are either insured or collateralized using the dedicated method. Under the dedicated method of collateralization, all deposits and investments over the federal depository insurance coverage are collateralized with securities held by the Authority's agent in the Authority's name. It is the Authority's policy that all funds on deposit are collateralized in accordance with both HUD requirements and requirements of the State of Florida. H. Inventories: Inventories (consisting of materials and supplies) are valued at cost using the first in, first out(FIFO) method. If inventory falls below cost due to damage, deterioration or obsolescence, J the Authority establishes an allowance for obsolete inventory. In accordance with the consumption method, inventory is expensed when items are actually placed in service. I. Prepaid Items: Payments made to vendors for goods or services that will benefit periods beyond the fiscal year end are recorded as prepaid items. [1 J. Use of Estimates: The preparation of basic financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent liabilities at the date of the basic financial statements and reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. r~. K. Fair Value of Financial Instruments:The carrying amount of the Authority's financial instruments at September 30,2019 including cash,investments,accounts receivable,and accounts payable closely f-, approximates fair value. iJ 55 r' X61 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 1: Summary of Significant Accounting Policies: (Continued) L. Capital Assets: 1. Book Value: All purchased fixed assets are valued at cost when historical records are available. When no historical records are available, fixed assets are valued at estimated historical cost. Land values were derived from development closeout documentation. Donated fixed assets u are recorded at their fair value at the time they are received. Donor imposed restrictions are deemed to expire as the asset depreciates. All normal expenditures of preparing an asset ri for use are capitalized when they meet or exceed the capitalization threshold. 2. Depreciation:The cost of buildings and equipment is depreciated over the estimated useful 1.71 lives of the related assets on a composite basis using the straight-line method. Depreciation commences on modernization and development additions in the year following completion. The useful lives of buildings and equipment for purposes of computing depreciation are as follows: Buildings 20-30 years Modernization 15 years J Office and other furniture 3-5 years 3. Maintenance and Repairs Expenditures: Maintenance and repairs expenditures are charged to operations when incurred. Betterments in excess of$500 are capitalized. When buildings and equipment are sold or otherwise disposed of, the asset account and related accumulated depreciation account are relieved, and any gain or loss is included in operations. r, M. Compensated Absences:Compensated absences are those absences for which employees will be paid, such as vacation and sick leave computed in accordance with GASB Statement No. 16. A liability for compensated absences that is attributable to services already rendered and that are not contingent on a specific event that is outside the control of the Authority and its employees, is accrued as employees earn the rights to the benefits. Compensated absences that relate to future services or that are contingent on a specific event that is outside the control of the Authority and its employees are accounted for in the period in which such services are rendered or in which such events take place. -J N. Other Post Employment Benefits (OPEB): In relation to its employee benefit programs, the Authority does not provide any Other Post Employment Benefits, as outlined under GASB 75 .l 16 r • 161 13 a COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 1: Summary of Significant Accounting Policies: (Continued) O. Litigation Losses: The Authority recognizes estimated losses related to litigation in the period in which the occasion giving rise to the loss occurred, the loss is probable and the loss is reasonably estimable. Li P. Annual Contribution Contracts: Annual Contribution contracts provide that HUD shall have the authority to audit and examine the records of public housing authorities. Accordingly, final determination of the Authority's financing and contribution status for the Annual Contribution Contracts is the responsibility of HUD based upon financial reports submitted by the Authority. rl Q. Risk Management: The Authority is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. The Authority carries commercial insurance for all risks of loss, including workers' compensation and employee health and accident insurance.Settled claims resulting from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years.Additionally, there have been no significant reductions in insurance coverage from the prior year. R. Use of Restricted Assets: It is the Authority's policy to first apply restricted resources when an expense is incurred for purposes for which both restricted and unrestricted net positions are available. S. Operating Revenues and Expenses:The principal operating revenues of the Authority's enterprise fund are charges to customers for rents and services. Operating expenses for the Authority's enterprise fund include the cost of providing housing and services, administrative expenses and depreciation on capital assets. Revenues and expenses not meeting this definition are reported as �i nonoperating revenues and expenses. t.i NOTE 2: Deposits and Investments: For purposes of the Statement of Cash Flows, the Authority considers all highly liquid investments (including restricted assets)with a maturity of three months or less when purchased and non-negotiable certificates of deposit to be cash equivalents. There were no noncash investing, capital and financing r 7 activities during the year, except as shown on the Statement of Cash Flows. J A. HUD Deposit and Investment Restrictions - HUD requires authorities to invest excess HUD program funds in obligations of the United States, certificates of deposit or any other federally insured instruments. HUD also requires that deposits of HUD program funds be fully insured or collateralized at all times. Acceptable security includes FDIC/FSLIC insurance and the market value of securities purchased +_I and pledged to the political subdivision. Pursuant to HUD restrictions, obligations of the United States are allowed as security for deposits. Obligations furnished as security must be held by the Authority or with an unaffiliated bank or trust company for the account of the Authority. 77 LJ 1 61 1 B2 i COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 - NOTE 2: Deposits and Investments: (Continued) B. Risk Disclosures 1. Interest Rate Risk:As a means of limiting its exposure to fair value losses arising from rising L� interest rates, the Authority's investment policy limits the Authority's investment portfolio to [� maturities not to exceed two years at time of purchase. U At September 30, 2019,the Authority's deposits and investments were not limited and all of which are either available on demand or have maturities of less than two years. 2. Credit Risk:This is risk that a security or a portfolio will lose some or all of its value due to a real or perceived change in the ability of the issuer to repay its debt. The Authority's ter investment policy is that none of its total portfolio may be invested in securities of any single issuer, other than the US Government, its agencies and instrumentalities. . C. Deposit and Investment Risks The Authority held the following deposits and investments at September 30, 2019. Carrying J Deposits and Investments: Value Demand Deposits 3,416,618 Investments (certificates of deposit) -restricted 206,051 $ 3,622,669 Restricted cash consists of the following: HCV HAP reserves $ 127,446 J USDA sinking fund reserve replacement(cash) 1,581,559 Tenant security deposits 236,441 $ 1,945,446 Custodial Credit Risk: Exposure to custodial credit related to deposits exists when the Authority holds deposits that are uninsured and uncollateralized; collateralized with securities held by the pledging financial institution, or by its trust department or agent but not in the Authority's name, or collateralized without a written or approved collateral agreement. Exposure to custodial credit risk related to investments exists when the Authority holds investment that are uninsured and unregistered, with securities held by the counterparty or by its trust department or agent but not in the Authority's name. n 18 r� 16 l B COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 2: Deposits and Investments: (Continued) C. Deposit and Investment Risks (Continued) The Authority's policy as it relates to custodial credit risk is to secure its uninsured deposits with collateral,valued at no more than market value,at least at a level of 100%of the uninsured deposits 1 and accrued interest thereon.The investment policy also limits acceptable collateral to U.S.Treasury securities obligation of federal agencies, securities of government-sponsored agencies, and other (Z instruments which may be approved by the U.S. Department of HUD.As required by Federal 12 U.S. u C.A.,Section 1823(e),all financial institutions pledging collateral to the Authority must have a written collateral agreement approved by the board of directors or loan committee. At September 30,2019, rthe Authority was not exposed to custodial credit as defined above. Investment Credit Risk: The Authority's investment policy limits investments to those allowed by Nr the U.S. Department of HUD.These investment limitations are described in Note 1.Credit risk is the risk that an issuer or other counterparty to an investment will not fulfill its obligations. The Authority has no formal policy limiting investments based on credit rating, but discloses any such credit risk associated with their investments by reporting the credit quality ratings of investments in debt securities as determined by nationally recognized statistical rating organizations-rating agencies- as of the year end.Unless there is information to the contrary,obligations of the U.S.government or obligations explicitly guaranteed by the U. S.government are not considered to have credit risk and do not require disclosure of credit quality. There are no investments (except for certificates of deposit which are insured by the FDIC) as of September 30, 2019. Concentration of Investment Credit Risk: Exposure to concentration of credit risk is considered to exist when investments in anyone issuer represent a significant percent of total investments of the Authority. Investments issued or explicitly guaranteed by HUD-approved instruments are excluded O from this consideration. At September 30,2019,the Authority had no concentration of credit risk as defined above. NOTE 3: Receivables Tenant Receivables Dwelling rents (net of allowance for doubtful accounts of$1,069) $ 40,445 Fraud receivables (net of allowance for doubtful accounts of$504) 9.574 $ 50,019 Due from Other Governments Rural Rental Assistance (September 30, 2019 allocation) $ 48,682 Receivable from TBRA Project Deliverables 121,308 Receivable from FEMA(Disaster Grant) 249,294 Due from other Housing Authorities 34.016 $453,300 19 io ;6 B 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 ` NOTE 4: Interprogram Receivables and Payables Business USDA Activities HCV TBRA COCC Total A/R-USDA $ - $ 1,586,880 $ - $ - $(195,101) $1,391,779 r, A/P-Business Activities (1,586,880) - 955 28,000 704,695 (853,230) Li AIR-HCV - (955) - - (7,900) (8,855) A/R-TBRA - (28,000) - - (38,331) (66,331) [IA/P-COCC 195,101 (704,695) 7900 38,331 - (463,363) $(1,391,779) $ 853,230 $ 8.855 $ 66,331 $ 463,363 $ - ri Intercompany Receivable $ 1,391,779 $ - $ - $ - $ 280,824 $1,672,603 Intercompany Payable - (853,230) (8,855) (66,331) (744,187) (1,672,603) ri $ 1,391,779 $ (853,230) $® $ ( $( $ All interprogram receivables and payables have been eliminated on the financial statements. NOTE 5: Prepaid Expense , .i Prepaid insurance at September 30, 2019 was $180,723. a NOTE 6: Capital Assets The capital assets(at cost)of the Collier County Housing Authority at September 30,2019 consisted of the following: IllBalance at Balance at Sept 30,2018 Additions Deletions Transfers Sept 30,2019 c-i Nondepreciable capital assets ;..i Land $ 2,568.713 $ 107,532 $ $ 2,000 $ 2.678,245 Construction in progress 329,405 235,837 (460,122) 105,120 ,--t 2,898,118 343,369 - (458,122) 2,783,365 .� Depreciable capital assets Buildings and irrprovements 41,471,170 997,829 458.122 42,927,121 r, Furniture,equipment,vehicles 2,284,623 50,755 2,335,378 43,755,793 1,048,584 458,122 45.262,499 _.1 Accumulated Depreciation -1 Buildings and improvements (26,645,383) (999 850) (21,645,233) Furniture.equipment.vehicles (2.046,518) (34,159) (2,080,677) J (28.691.901) (1 034,009) (29,725,910) ri Total Capital Assets.net $ 17.962,010 $ 357,944 $ $ $ 18,319,954 20 r1 � , 16 1 B [! • COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements ["1 September 30, 2019 NOTE 7: Notes Payable: A. The outstanding balance of Line of Credit Notes in the Business Activities (Horizon Village) at September 30, 2019 was $219,961. [i Interest and principal shall be paid as follows: a. Annual principal payments of$20,000 each plus accrued interest shall be payable in arrears on the 15th day of November 2005, and on the 15th day in the month of November in each subsequent year of the loan term; b. If the due date for any payment hereunder would fall on a day that is not a business day(i.e., a day that is a Saturday, Sunday or banking holiday),then the payment shall instead be due on the next succeeding business day; and c. Interest shall cease to accrue on any amount of principal paid in advance of its due date. Li Interest Rate - The unpaid principal balance of the Note shall bear interest, while current, at the Applicable Interest Rate. As used in this Note, the term "Applicable Interest Rate" means: • Since the interest paid in connection with this Loan is exempt from income taxation by the United States of America and by the State of Florida,the Applicable Interest Rate shall be an annual rate of interest equal to one percent(1 %)less than the"highest prime rate"of interest published in the Wall Street Journal, but not less than three percent (3%) per annum. l..i The outstanding balance of Notes Payable at September 30, 2019 was $219,961. The notes are apayable each year in the amounts listed below: September 30. Principal Interest Total D 2020 $ 20,000 $ 6,599 20,000 5,999 $ 26,599 2021 25,999 2022 20,000 5,399 25,399 r'I 2023 20,000 4,799 24,799 i.1 2024 20,000 4,199 24,199 2025-2029 100,000 11,993 111,993 2030 19,961 599 20,560 $ 219,961 $ 39,587 $ 259,548 L Interest expense for the year ended September 30, 2019 was $10,676. There was no capitalized interest expense for the year ended September 30, 2019. u LJ 21 r-1 i. 16 ! 1 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 7: Notes Payable: (Continued) B. Promissory note to bank in the amount of$219,150(dated September 29,2015)at an interest rate of 3.5%. Payable in 84 monthly installments of interest and principal of$2,950. Final payment due by September 29, 2022. Unsecured. The outstanding balance of the notes payable at September 30, 2019 was$103,241. The notes is payable each year in the amounts listed below: September 30, Prncipal Interest Total D 2020 $ 32,413 $ 2.992 35,405 2021 33,565 1.839 35,404 2022 37,263 646 37,909 $ 103.241 $ 5,477 $ 108,718 C. Promissory note to bank in the amount of$171,919 (dated August 14, 2019) at an interest rate of 4.95%. Payable in 60 monthly installments of interest and principal of$3,246.Final payment due by August 14,2023. Unsecured.The outstanding balance of the notes payable at September 30,2019 was$102,839. The notes is payable each year in the amounts listed below: September 30, Principal Interest Total 2020 $ 32,856 $ 6,098 $ 38,954 2021 34,520 4,434 38.954 2022 35,463 2,686 38.149 Li $ 102,839 $ 13,218 $ 116,057 D. See also Note 9 for the SHIP Loan NOTE 8: Bonds Payable: a Revenue Bonds Payable:Capital facilities are financed by debt which is guaranteed and subsidized by U. S. Department of Agriculture, Rural Housing Services (RHS). The Authority presently has bonds payable on its farm laborer housing projects which are due annually in installments of varying principal and interest amounts. Revenue bonds payable at September 30, 2019 are as follows: J Collier County Housing Authority Revenue Bonds, Series D, 1%, due annually on September 1 in principal amounts of$24,380 to $33,000 with interest to September 1, 2023 $ 129,000 �i Collier County Housing Authority Revenue Bonds, Series E, 1%, due annually on September 1 in principal amounts $27,000 to $36,000 with interest to September 1, 2031 410,000 Collier County Housing Authority Revenue Bonds, Series F, 1%, due annually on September 1 in principal amounts of$39,072 to $52,000 with interest to September 1, 2032 646,000 22 161 1 B 2 I I COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida INotes to Financial Statements September 30, 2019 _ -- - __......_. NOTE 8: Bonds Payable: (Continued) 6 Collier County Housing Authority Revenue Bonds, Series G (2015), 1%, due annually on September 1 in principal amounts of$111,000 to $149,000 with interest to September 1, 2048 3,777,000 I Total bonds payable $4,962,000 E The revenues of the project are pledged to the payment of principal and interest on the revenue bonds. The bonds are redeemable before maturity, at the option of the Authority, in inverse numerical and maturity order, on any interest payment date upon giving 40 days written notice to Rural Housing 11 Services. Maturities of long-term debt for each of the five succeeding years and in the aggregate are as follows at September 30, 2019 I Bond Principal 2015 Series D Series E Series F Series G Total 2020 $ 32,000 32,000 $ 47,000 $ 113,000 $ 224,000 1 2021 32,000 33,000 47,000 48,000 114,000 226,000 2022 32,000 33,000 115.000 228,000 2023 33,000 33,000 48,000 116.000 230,000 r1 2024 0 34,000 49.000 118.000 201,000 kJ 2025-2029 0 173,000 251,000 605,000 1,029,000 2030-2034 0 72,000 156.000 637.000 865,000 U 2035-2039 0 0 0 668,000 668,000 2040-2044 0 0 0 703,000 703,000 2045-2048 0 0 0 588,000 588,000 $ 129,000 $ 410,000 $ 646,000 $ 3,777,000 $ 4,962,000 0 Bond interest 2015 Series D Series E Series F Series G Total Il 2020 $ 1,290 $ 4.100 $ 6.460 $ 37.770 $ 49,620 2021 970 3.780 5,990 36,640 47.380 2022 650 3.450 5,520 35.500 45 120 2023 330 3.120 5,040 34,350 42,840 2024 0 2.790 4,560 33,190 40.540 2025-2029 0 8.820 15,380 160,050 184 250 ill 2030 2034 0 1,080 3 120 129.800 134.000 2035 2039 0 0 0 97.950 97,950 2040 2044 0 0 0 64,550 64,550 m 2045 2048 0 0 0 23,520 23,520 I' $ 3,240 $ 27 140 $ 46,070 $ 653,320 $ 729,770 I 23 1 161 82 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 8: Bonds Payable: (Continued) Sinking Fund Debt Service Account: Under the terms of the revenue bonds, a sinking fund has been established to provide debt service funding.After operation and maintenance requirements are met,the Authority transfers to the sinking fund debt service account such amounts as may be due of interest and principal on the bonds. The amount required to be transferred during the year ended September 30, 2019 in order to meet debt service requirements was$274,080 (of which $251,240 was transferred). The cash balance in the sinking fund debt service account at September 30, 2019 was$16,696. aSinking Fund Reserve Account: Immediately after each transfer to the sinking fund debt service account, any excess funds are deposited in the sinking fund reserve account. Funds in the reserve '? account are only withdrawn upon written prior approval of Rural Housing Services: The Authority is required to make monthly reserve deposits in the amount of $41,667 (effective November 2016) plus the amount of any deficiency in prior deposits to the reserve account until funds and investments in the reserve account shall equal$10,000,000(effective with the new Series G bond • issue). There were $477,392 deposits made into the account during the year(the Authority was short one deposit of$41,667). The aggregate deposits to the reserve account and interest earned for the year ended September 30, 2019 were $1,770,914 (after the approved usage of funds for capital improvements as noted below) which was under the required annual aggregate deposits. Withdrawals from the sinking fund reserve account are authorized for the following purposes: a. To meet principal and interest payments due on the bonds in the event the sinking fund debt service account balance is not sufficient for that purpose. b. To pay costs of extraordinary repairs or replacements to the project which is not considered current expenses. ('7 c. To make improvements or extensions to the project. U d. For other purposes desired by the Authority which will promote its purpose without jeopardizing the collectability of the bonds or underlying security. e. To the extent the reserve account exceeds$10,000,000 (effective with the new Series G bond issue), to purchase bonds before maturity in the prescribed manner. Supplemental Information: (Schedule of Funding Reserve) a. Investment Reserve Funds Sinking Fund Debt Service Account(Principal and Interest) Beginning balance $ 191,258 Transfers to Debt Service Account including interest earned 251,240 Withdrawals for payment of principal and interest ( 425.802) u Ending balance $ 16,696 24 ' 1 61 1 [I 11 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 8: Bonds Payable: (Continued) y Supplemental Information: (Schedule of Funding Reserve) (Continued) a. Investment Reserve Funds (Continued) Sinking Fund Reserve Replacement Account Beginning balance- less transfers to replacements and operations $ 1,759,072 C Transfers to reserves including interest earned—net 477,392 Use of reserves for capital improvements ( 465,550) Ending balance $ 1,770,914 ri Total Investment Reserve Fund $ 1,770,914 Fully Funded Balance per Loan Agreement 10,000,000 Excess/(Deficiency) of Reserves on Hand $(8,229,086) As noted above the Authority was required to increase its monthly reserve funding to $41,667(effective November 2016)for the new fund balance requirement effective with the new Series G bond issue. b. Compliance with Bond Indentures Requirements: The Collier County Housing Authority, J Farm Worker Village, has met and exceeded the bond indenture and reserve requirements outlined in this report(except as noted above that it has not yet reached it fully funded balance with the new Series G bond issue), as reported in this note, when considering approved U withdrawals from Rural Development for long-term improvements. All interest earnings on invested funds are deposited monthly by the Bank directly into the Housing Authority's cash account and transferred to the reserve account. Construction Fund The construction fund is used to account for grant and loan funds received from r Rural Housing Services and other sources and to record construction activities. During the year ended 4 j September 30, 2019, expenditures from the Construction Fund (if any) were used for authorized construction activity. In the Rural Housing Services enterprise fund, reservations of unrestricted net position have been established in conjunction with debt issuance requirements or policy directives as stipulated by the respective aforementioned funds. NOTE 9: State Housing Initiatives Partnership Business Activities(Horizon Village) Loan: The outstanding balance of the SHIP Loan Payable at September 30, 2019 was $53,644 The loan is payable each year in the amounts and at the interest(at 0% interest) listed below n -1 75 r1 L_i 161 1 8 2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 9: State Housing Initiatives Partnership Business Activities (Horizon Village) Loan: (Continued) September 30, Principal Interest Total 2020 $ 13,412 $ 0 $ 13,412 LI2021 13,412 0 13,412 2022 13,412 0 13,412 2023 13,408 0 13.408 n $ 53,644 $ 0 $ 53,644 Us fl Interest expense for the year ended September 30, 2019 was$0. Interest: Interest on this Note shall be zero percent(0%)per annum;except that if the Authority fails to pay this Note as required,the interest rate shall be twelve percent(12%)per annum from the date when le payment of this Note is due until the Authority pays it in full.The Authority did not fail to pay the principal payment for FY 2019 and is therefore not required to pay future payments at 12%interest as of FY2019. Payments: Principal payments shall be deferred for a period of three years from date disbursed with seventeen equal yearly payments of$13,412 due beginning on September 1, 2007 and continuing for seventeen years thereafter until payment in full of $228,000 is received on August 1, 2024. The Authority's total payment shall be $228,000. lJ NOTE 10: Schedule of Changes in Noncurrent Liabilities: aSeptember 30,2018 September 30,2019 Long Term Current U Additions Payments long Term Portion Current Portion Compensated Absences $ 64,650 $ 7,183 $ 34,090 $ $ 95,331 $ 10,592 Other Liab lines(FSS Escrow) 59,075 (59,075) Notes Payable 512.444 95,984 (128,743) 381.004 98.681 --I Bonds Payable 4,962,000 332,000 (332,000) 4,738,000 224,000 i $ 5,598,169 $ 435,167 $ 34.090 $ (519,818) $ 5214,335 $ 333,273 '-I NOTE 11: Schedule of Changes in Net Position: iJ Net Investment Restricted Unrestricted In Capital Assets Net Position Net Position Total J Balance,beginning of year 12,668,010 2,031,488 435,950 15,135,448 ni Changes in net position 1,623,525 1,623,525 `.; Changes in net investment in capital assets 689,944 (689,944) Changes in restricted net position (116,433) 116,433 !1 Balance,end of year $ 13,357,954 $ 1,915,055 $ 1,485,964 $ 16,758,973 26 r 1 L, 1 61 1 B 0 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements El September 30, 2019 NOTE 12: Pension Plan: Effective October 1, 2016, the Authority adopted the Housing Agency Retirement Trust (the "Plan"), which is a defined contribution plan. In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. All of the Authority's full time regular employees are eligible to participate in the plan after completing one year of continuous service. Under the Plan, the Authority matches the employee pre-tax deferral contributions up to 4%. All participating employees vest in the Employer contributions at the rate of fifty percent (50%) for each full year of continuous employment with the Authority. NOTE 13: Annual Contributions from HUD: Annual Contributions Contract A-3402—Section 8 programs provide for housing assistance payments to private owners of residential units on behalf of eligible low or very low-existing and moderately rehabilitated housing covering the difference between the maximum rentals on a dwelling unit, and the amount of rent contribution by a participating family and related administrative expense.The Authority is also eligible to receive reimbursement for preliminary expenses prior to lease up. HUD contributions for r, the Section 8 Housing Choice Voucher program for the year ended September 30, 2019 were $3,807,639. L1 NOTE 14: Economic Dependency • The Authority receives approximately 41%of its revenues from the U.S. Department of Agriculture and the U.S. Department of Housing and Urban Development (HUD). If the amount of revenues received Q from these federal agencies falls below critical levels, the Authority's reserves could be adversely affected. NOTE 15: Contingencies The Authority is subject to possible examinations made by Federal and State authorities who determine --v compliance with terms,conditions,laws and regulations governing other grants given to the Authority in the current and prior years. There were no such examinations for the year ended September 30,2019. However, the Authority was notified in a prior year by the United States Department of Agriculture ("USDA") regarding concerns over certain aspects of the operations of the USDA program. One of the concerns raised was that the Authority was in excess of $430,000 above what was budgeted for operating and maintenance for the 2014 fiscal year. In addition, the USDA stated that there is an indication that project funds have been utilized for purposes unrelated to Rural Development's housing project. The USDA asserts that allowable expenses include those expenses that are directly attributable to housing project operations and are necessary to carry out successful operations and that housing project funds may not be used for "purposes unrelated to the housing project " As a result of the notification,the Authority engaged a forensic auditor to determine the extent of co-mingling of funds and the amount of project funds that were utilized for unallowable expenses The amounts determined to have been expensed by the USDA program have been recorded as a receivable from the respective other programs and recorded in the financial statements 77 r- I-a 161 1 0 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30, 2019 NOTE 15: Contingencies (Continued) During the year ended September 30, 2016, the Authority signed a "repayment agreement" with the USDA to repay the Rural Housing program $1,761,291 from business activities ($1,178,272 from Section A/B and$583,019 from Horizon Village). The Authority is to make annual payments of$55,040 for 32 years from business activities to repay the Rural Housing Program. The Authority acknowledged U and agreed that a failure of the Authority to comply with the repayment agreement may be considered by the USDA a breach of the terms and conditions of all outstanding loans, mortgages and grants. The amount due to the Rural Rental Assistance Program from business activities as of September 30,2019 is $1,586,880. These interprogram receivables and payables have been eliminated on the financial statements. n In September 2017, the Authority was affected by Hurricane Irma which caused significant roofing damage (shingles)to the Authority owned property (including housing units). However, the affected properties and units were still livable and did not cause tenants to look for alternative housing as most of the damage could easily be repaired. In January 2019, the Authority received $1,266,369 as an insurance settlement for damages incurred as a result of the hurricane damage (which is included in Other Revenue on the Statement of Revenues, Expenses and Changes in Net Position). In addition, during the year the Authority received $523,794 from a FEMA grant which is being used for the roof repairs. During the year ended September 30, 2019, the Authority obtained funding in the amount of$600,000 J from Collier County under the State Housing Initiatives Partnership(SHIP) program for the purchase of two rental properties. The SHIP program provides funds to eligible local governments as an incentive to Q create partnerships that produce and preserve affordable homeownership and multifamily housing.The program was designed to serve very low, low and moderate income families. In order to assure compliance,the Authority entered into SHIP promissory notes(two promissory notes at$300,000 each totaling$600,000)that carry an interest rate of 0%and is forgivable after a 15-year term if the Authority complies with the SHIP requirements. However, if the properties are sold, refinanced, no longer serve the intended purpose, or title transfers,the loan will be paid in full.The SHIP proceeds were recognized r-, as income at the time of receipt since the Authority believes the likelihood of repayment is remote. Litigation As of September 30,2019,the Authority was involved with various litigations arising from operation of its rural development housing program. In the opinion of the Authority's legal counsel such losses, if any, resulting from litigation would be adequately covered by insurance. n ._.i NOTE 16: Related Party Transactions n There were no related party transactions for the year ended September 30, 2019. U LJ 78 ri LJ 2 161 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Notes to Financial Statements September 30,2019 NOTE 17: Leasing Activities (as Lessor): The Authority is the lessor of dwelling units mainly to low-income residents.The rents under the leases are determined generally by the resident's income as adjusted for eligible deductions regulated by HUD and Rural Development. Leases may be cancelled by the lessee at any time.The Authority may cancel L] the lease only for cause. Revenues associated with these leases are recorded in the basic financial statements and schedules as "Rental Revenue". Rental Revenue per dwelling unit generally remains consistent from year to year,but is affected by general economic conditions which impact personal income and local job availability. ' NOTE 18:Operating Leases: The Authority is committed under a continuing non-cancelable lease for office space. This lease has been accounted for as operating leases in the accompanying basic financial statements.The office lease is not subject to an annual escalation clause. Future minimum lease payments required under these leases are as follows: Future minimum lease payments required under these leases are as follows: September 30, Office Space 2019-2020 $ 34,382 LJ NOTE 19: Subsequent Events Management for the Authority has evaluated subsequent events after September 30,2019,and through February 11, 2020, the date which the financial statements were available to be issued, and no events Q were identified that would require recognition or disclosure within these financial statements,except the following: Subsequent to year end,the Authority received approximately$433,000 of FEMA funds for roof repairs (of which $249,294 was recorded as a receivable at September 30, 2019) iJ r1 U U 29 r� 161 1 132 i ' I g�I q 55�� gg�� 5� g - �po�ppppoo �nm nn� IQ�/17S�m Tri c�f� idn � �m[1�yy�� [�i25`� mopyp�pmp 2l, ' H Y i p N u)rl E X Q InD[r'ff 1'0 19 AI O N O OI A o'N r O1 c°�i'n'N On• P. 01 Q n A v.-- O NW mCIS m NI R N VI CO v IC [V N N N Fl • • rr • rI Fl • • rrr $$ •N b W. 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S. 1 i'z �E' g 0 0 z o 5 A r • 161 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Farm Worker Subsidized Housing Program Supplemental Information September 30, 2019 The following is supplemental information requested by the U.S.Department of Agriculture—Rural Housing Services(formerly Farmers Home Administration). 1. Schedule of Insurance Coverages At September 30, 2019, the Authority had the following insurance coverage in effect: Li Amount of Insurance Carrier Type of Coverage Coverage Term Fidelity bond/Employee Dishonesty Travelers Insurance Co $100,000 Deductible $2,000,000 05/01/19-05/01/20 Amtrust W/Comp Workers'Compensation Statutory 10/01/18-10/01/19 ri Florida PH Authority Insurance Automobile liability $1,000,000 05/01/19-05/01/20 Florida PH Authority Insurance Property,Office Building& Personal $44,169,134 05/01/19-05/01/20 Property. Fire& Extended Coverage (90% coinsurance) Florida PH Authority Insurance General Liability Personal Injury, $1,000,000 Occ 05/01/19-05/01/20 products, advertising, property damage $2,000,000 Agg 05/01/19-05/01/20 Florida PH Authority Insurance Directors& Officers Liability $1,000,000 05/01/19-05/01/20 Wright Flood Insurance Flood Insurance $250,000 11/06/18-11/06/19 1250.00 deduct Beazley Cyber Liability $1,000,000 05/01/19-05/01/20 2. Exemption from Real Estate and Income Taxes-The Authority is a public body corporate and politic pursuant to Chapter 421, Laws of the State of Florida, which is subsidized by the federal a government. The Authority is not subject to federal, state income taxes, or local property taxes, nor is it required to file federal and state income tax returns as a public body corporate and politic pursuant to Chapter 423, Laws of the State of Florida Laws of the State of Florida. J 3. Reserves-The Housing Authority has maintained reserves for operations and Bond debt service at September 30, 2019. See also Notes to Financial Statements for additional information. 4. Accounting Records and Fixed Asset Control-The accounting records maintained are adequate to facilitate budgetary reporting and analytical purposes. The fixed assets are also adequately safeguarded by the Authority personnel. 5. Financial Reports-The financial reports included in this audit are in agreement with the accounting records of the Authority after audit adjustments have been maderl . F-1 32 r' LJ 161 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Farm Worker Subsidized Housing Program Supplemental Information September 30, 2019 6. Deposit Funds - We noted that deposit funds are adequately insured by the FDIC and properly collateralized and are at or exceed the required reserve levels required under the Loan and Grant Agreement(except as discussed in the Notes to Financial Statements)as of September 30, 2019. 7. Comments on Compliance and Administrative Internal Control - We have audited the basic I financial statements of the Collier County Housing Authority and have issued our report thereon LJ dated February 11, 2020. a We have also issued a report dated February 11, 2020, on our consideration of the Authority's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts,and grant agreements and other matters. The purpose of that report is 11 to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing,and not to provide an opinion on internal control over financial reporting or on compliance.That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Authority's internal control over financial reporting and compliance. ' Finally, we have also issued a report on the Authority's compliance with the types of compliance requirements described in the Compliance Supplement that could have a direct and material effect on each of the Authority's major federal programs for the year ended September 30, 2019. The ' Authority's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. 8. Other Findings or Recommendations for the Period Ended September 30, 2019— See the a schedule of findings and questioned cost as well as the management letter dated February 11,2020 for any findings and management comments. n 9 The Required Schedule of Expenditures of Federal Awards along with required reports on u Internal Controls and Federal Compliance as outlined under Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance)were issued to the Authority as one report,as mandated by the Amended Single Audit Act of 1996 Amendment(Public Law 104-156). 10.Accounts Receivable-Tenants - Tenants accounts receivable at September 30, 2019 totaling $15,616 were accounts aged at ninety days (90) or less. 11. Accounts Payable consists of$19,339 at September 30, 2019. This balance which is payable to recurring vendors is for services or purchases of ninety days (90) or less. 12 Management Fees - The Collier County Housing Authority is the owner of the Farm Worker Subsidized Housing Program Management fees of$169,536 were charged by the COCC. '1 J 33 u 161 B 2. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Farm Worker Subsidized Housing Program Supplemental Information September 30, 2019 13. Schedule of Financial Institutions Where the Housing Authority Maintains its Bank Accounts Reconciled Balance (considers deposits in- transit and Name of Financial Institution Account Name lank Balance outstandingchecks) Classification First 1 Bank USDA Reserve Account $1,564,863 $1,564,863 USDA Restricted 1300 N. 15th St., Suite 2 COCC Account 544,206 500,168 Immokalee FL 34142 COCC Payroll Account 22,365 22,365 COCC Insurance Reserve 12,034 12,734 CCHA Land, Inc. 31,108 31,108 AB Revenue Account 182,922 139,782 AB Secunty Deposit Fund 125,547 117,483 Section A&B Insurance Resene 57,148 69,248 1'+ Horizon Village Operating 128,706 123,461 Honzon Village Insurance Reserve 8,887 10,787 AB Maintenance Reserve 100,000 100,000 Irma Account 245,211 245,211 COCC Escrow Account - - L.; $3,022,997 $2,937,210 First Florida Integrity Bank P O. Box 10910 Security Deposit Fund USDA 123,475 115,677 Naples, FL 34104-0910 Certificates of Deposit(2) 208,575 206,051 USDA Restricted Bond&Sinking Fund 16,696 16,696 USDA Restncted Revenue Account USDA 28,420 23,611 a TBRA HOME Operating 4,687 5,736 Section 8-Admin Funds 60,072 57,302 Section 8-HAP 144,204 121,076 Construction Account 100 100 Family Self Sufficiency 39,503 39,503 O& M Operating 619 115 COCC Laundry 16,457 14,204 USDA Insurance Reserves 36,907 36,907 Section 8 Admin Insurance Reserves 13,695 14,695 Residential Portal Account 506 506 Rental Properties 29,473 29,326 Rental Properties Security Deposit 3,281 3,281 U 726,670 684,786 'l Petty Cash& Misc - 673 u $ 3,749,667 $ 3,622,669 til The above amounts were confirmed with the institutions listed at September 30, 2019 n u 34 r� U . 6 1 1 P 1 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Farm Worker Subsidized Housing Program Supplemental Information September 30, 2019 14. Schedule and Computation of Current Return to Owners Allowed-Not applicable,because the Authority is a legal public Authority and not a private enterprise. 15. Schedule of Changes in Owners and Board of Commissioners-This is a local Public Authority and can never change its owners. The following is a list of the current Board of Commissioners. Commissioner Expiration of Term Address David B. Genson November 7, 2018 Naples, Florida Randolph B. Cash October 17, 2018 Naples, Florida �-- Jay Roth October 27, 2019 Ave Maria, Florida rZ 16.Schedule of Rental Information Number of Gross Potential f'1 Unit Size Units Rental Rate Months Rent One bedroom unit 33 $ 475 12 $ 188,100 Two bedroom unit 111 530 12 705,960 Three bedroom unit 102 577 12 706,248 Four bedroom unit 69 599 12 495,972 315 $ 2,096,280 The Authority finished the process to demolish/convert 50 units and rehabilitate the remaining 315 units. The rehabilitation project ended in mid-2018. aActual Rental Revenue Percentage Amount Tenants 65.51% $1,101,556 QRI-IA rental assistance subsidy 34.49% 580,051 $1,681,607 Note 1-Rental rates were effective October 1, 2017. Management provides for the monthly collection of rent. 17. Real Estate Taxes -The Authority is a local public body corporate and politic and is tax exempt by State of Florida, Section 423. '1 iJ r-i LA r Li 35 r > u 161 1 B 2. s, • //rrlr�irr,.1 ulhurrti N. o v 4 February 11, 2019 USDA Rural Development Office 420 South State Road 7 s Suite#166 LJ Royal Palm Beach, FL 33414 In accordance with the criteria specified in Section 5; Paragraph 4.32 C. of the USDA Rural Development Handbook (HB-2-3560)for the year ended September 30, 2019,the borrower must self- certify that Collier County Housing Authority(the Authority)is in compliance with the nine performance standards.Thefollowing is a summary of our compliance with the performance standards. ' 1. The required accounts are properly maintained and tracked separately. The accounts we maintain are marked below: X Operating Account(s) X Security Deposit Account X Tax and Insurance Account X Reserve Account X Other Accounts: Debt Service 2. The payments from operating account(s) are disclosed and accurately represented. 3. The reserve account(s): a. is on schedule with the Agency required minimum funding requirements; b. is maintained in a supervised bank account that requires the Agency's countersignatureon all withdrawals; a c. is on schedule with contributions to the reserve account for the current yearwith the Agency required minimum funding; and d. has no encumbrances on the reserve funds. ' 4. The tenant security deposits accounts are fully funded and are maintained in separate J accounts. -, 5. The payment of owner return was: Not Applicable (owner is a government entity) hl(@ paid in the amount of$-0-for the 2019 fiscal year and was in accordance with the Agency's requirements OR hi[@ not paid during the reporting year OR N1(@ not allowable due to our nonprofit status OR N/A not allowable due to our nonprofit status.An asset management fee in the amount of$-0 was paid for 2019 fiscal year. U L. 161 1 6. The borrower has maintained proper insurance in accordance with the requirements in 7CFR 3560.105. Coverage maintained for the Authority is as follows: X Liability Insurance Flood Insurance Earthquake Insurance X Property Insurance X Fidelity Bond XOther. Public Officials Liability 7. All financial records are adequate and suitable for examination. 8 There have been no changes in the ownership of the Farm Worker Subsidized Housing Program, other than those approved by the Agency and identified in the certification. The Board of Commissioners is active and maintains oversight responsibilities for the project. L, 9. Exemptions from Real Estate and Income Taxes: The Authority is a public body corporate and n politic pursuant to Chapter 421, Laws of the State of Florida, which is subsidized by the ll Federal Government. The Authority is not subject to Federal, State income taxes, or Local property taxes,nor is it required to file Federal and State income tax returns as a public body ri corporate and politic pursuant to Chapter 423, Laws of the State of Florida. 1 I certify that the above is true, accurate and is properly supported by documentation kept in our files. ra I Oscar Hentschel, r 1 Executive Director LJ Collier County Housing Authority a i 1 I 1 I 1 3! 161 1 B Barton, 13137-66th Street,Largo,FL 33773 ditiol • Gonzalez � ' QPhone:(727)344-1040 Fax:(727)533-8483 & Myers, P.A. zuzuw.bartoncpas.coni Certified Public Accountants El REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS ( Board of Commissioners Collier County Housing Authority Immokalee, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standard issued rl by the Comptroller General of the United States, the financial statements of the Collier County Housing Authority(the"Authority"), as of and for the year ended September 30, 2019, and the related notes to the financial statements,which collectively comprise the Authority's basic financial statements,and have issued our report thereon dated February 11, 2020. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Authority's internal control over financial reporting (internal control)to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Authority's internal control.Accordingly,we do not express an opinion on the effectiveness of the Authority's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent,or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a i material weakness, yet important enough to merit attention by those charged with governance. 61 Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However,material weaknesses `, may exist that have not been identified. '1 LJ n LJ ri J8 L 16 I 9, B Compliance and Other Matters 1 As part of obtaining reasonable assurance about whether the Authority's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those J provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the Authority in a separate letter dated r I February 11, 2020. U Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with 11 Government Auditing Standards in considering the entity's internal control and compliance.Accordingly,this communication is not suitable for any other purpose. Li £ #i&,Z°' * r/ 4• )4 Barton, Gonzalez & Myers, P.A. Certified Public Accountants February 11, 2020 O U n r I J 39 L lbs 71 2 Barton, 13137-66th Street,Largo,FL 33773 Gonzalez Phone:(727)344-1040 Fax:(727)533-8483 C & Myers, P.A. www bartoncpac.coni • a Certified Public Accountants 1JINDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE Board of Commissioners Collier County Housing Authority Immokalee, Florida Report on Compliance for Each Major Federal Program We have audited the Collier County Housing Authority's(the"Authority")compliance with the types of compliance 11 requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the Authority's major federal programs for the year ended September 30,2019.The Authority's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and Psi questioned costs. Management's Responsibility 1 Management is responsible for compliance with federal statutes,regulations,and the terms and conditions of its federal awards applicable to its federal programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the Authority's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards,issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain r� reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred.An audit includes examining,on a test basis, evidence about the Authority's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. ri `a We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the Authority's compliance. r-� Opinion on Each Major Federal Program ,J In our opinion, the Collier County Housing Authority complied, in all material respects, with the types of n compliance requirements referred to above that could have a direct and material effect on each of its major J federal programs for the year ended September 30, 2019 40 �) 161 1 CI Other Matters I, The results of our auditing procedures disclosed an instance of noncompliance which is required to be reported in accordance with the Uniform Guidance and which is described in the accompanying schedule of findings and questioned costs as item 2019-001. Our opinion on each major federal program is not modified with respect to this matter. D The Collier County Housing Authority's response to the noncompliance finding identified in our audit is described in the accompanying corrective action plan.The Collier County Housing Authority's response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. Report on Internal Control Over Compliance Management of the Authority is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance,we considered the Authority's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance.Accordingly,we do not express an opinion on the effectiveness of the Authority's internal control over compliance. PR A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent,or detect and correct, noncompliance with a type of compliance requirement of a federal program on a r 1 timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented,or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies,in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance,yet important enough to merit attention by those charged with governance. DOur consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be a material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that have not been identified.We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However,we identified a certain deficiency in internal control over rcompliance,as described in the accompanying schedule of findings and questioned costs as item 2019-001 that we consider to be a significant deficiency. .J The Authority's response to the internal control over compliance findings identified in our audit is described in the accompanying schedule corrective action plan. The Authority's response was not subjected to the auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly,this report is not suitable for any other purpose. fl #48#4./ Mr4/44• 1-1Barton, Gonzalez& yers, P.A. Certified Public Accountants February 11, 2020 41 r L 1 61 1 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Schedule of Findings and Questioned Costs September 30, 2019 Section I - Summary of Auditor's Results: Financial Statements Type of report issued on the financial statements: Unmodified UInternal control over financial reporting: Material weakness(es) identified? No D Significant deficiencies identified not considered to be material weaknesses? No r1 Noncompliance material to the financial statements noted? No Federal Awards Internal controls over major program: Material weakness(es) identified? No Significant deficiencies identified not considered to be material weaknesses? Yes Type of reports issued on the compliance for major programs: Unmodified Any audit findings disclosed that are required to be reported in accordance with 2 CFR section 200.516(a)? Yes Identification of major program: 14.871 Section 8—Housing Choice Voucher 97.036 Disaster Grants—Public Assistance Dollar threshold used to distinguish between Type A and Type B programs: $750,000 r, Did the Authority qualify as a low-risk auditee? Yes Section II - Financial Statement Findings: LJ There were no findings relating to this area for the year ended September 30, 2019. `-1 n u fl 42 LI 1 61 B2 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Schedule of Findings and Questioned Costs September 30, 2019 Section III- Federal Awards: The following finding was disclosed relating to this area for the year ended September 30, 2019. 2019-001 Eligibility: HCV Tenant Files [ j Program: U.S. Department of HUD: Section 8—Housing Choice Voucher(CFDA 14.871) j Significant Deficiency in Internal Control Other matter required to be reported in accordance with the Uniform Guidance Statement of Condition: The Authority did not have adequate controls over tenant files to assure it is maintaining adequate documentation. We noted the following exceptions in 25 files tested: r� • 2 files where income was miscalculated,which caused a change in the tenant's rent in both files. • 1 file where there was no income support. • 2 files where the utility allowance was miscalculated,which caused a change in the tenant's rent in both files. J • 1 file where the utility allowance was calculated correctly but was reported incorrectly, which caused a change in the tenant's rent. • 1 file where the address on the HAP contract was reported incorrectly. • 1 file had a missing lease agreement. • 1 file where an inspection has not been performed for 3 years. Criteria: HUD regulations require that the Authority perform certain prescribed verification procedures and obtain the required documentation to assure that tenants qualify for section 8 housing and that amounts submitted to HUD for tenant assistance are calculated according to HUD rules. QQuestioned Costs: None UEffect:Although the effect of the HAP payment errors were completely immaterial when extrapolated u to the population, the Authority is not complying with HUD rules regarding tenant verifications and documentation. Cause: The Authority experienced an increase in other federal activities during the year which may have caused less time devoted to their quality control review procedures over the tenant files Recommendation: The Authority should establish controls and should improve review procedures and increase training to employees and reviewers to ensure that the Authority is in compliance with HUD rules for verification of tenant information and calculation of tenant portion of the rent. 1 Views of Responsible Officials of the Auditee: We concur with the recommendation. To prevent future errors in the tenant files, we will review our supervisory procedures, devote more time performing our supervisory procedures, and increase training to employees to ensure that HUD's program requirements are being followed sJ r1 43 1 61 1 B2 E1 COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida 111 Summary Schedule of Prior Year Findings September 30, 2019 There were no findings in the prior audit report for the year ended September 30, 2018. El I n J I ri I D 1 e Q 1 44 fl 161 1 2. COLLIER COUNTY HOUSING AUTHORITY Immokalee, Florida Corrective Action Plan September 30, 2019 The following is the corrective action planned by the Authority regarding the current findings: Finding No. Li 2019-001 Eligibility: HCV Tenant Files Li Program: U.S. Department of HUD: Section 8—Housing Choice Voucher(CFDA 14.871) Significant Deficiency in Internal Control ri Other matter required to be reported in accordance with the Uniform Guidance Statement of Condition: The Authority did not have adequate controls over tenant files to assure it is maintaining adequate documentation. We noted the following exceptions in 25 files tested: • 2 files where income was miscalculated,which caused a change in the tenant's rent in both files. • 1 file where there was no income support. • 2 files where the utility allowance was miscalculated,which caused a change in the tenant's rent in both files. • 1 file where the utility allowance was calculated correctly but was reported incorrectly, which caused a change in the tenant's rent. • 1 file where the address on the HAP contract was reported incorrectly. • 1 file had a missing lease agreement. 1 • 1 file where an inspection has not been performed for 3 years. Recommendation: The Authority should establish controls and should improve review procedures and increase training to employees and reviewers to ensure that the Authority is in compliance with HUD rules for verification of tenant information and calculation of tenant portion of the rent. Action Taken: We concur with the recommendation. To prevent future errors in the tenant files,we will review our supervisory procedures,devote more time performing our supervisory procedures,and increase training to employees to ensure that HUD's program requirements are being followed. Effective Date: February 11, 2020 Contact Information Oscar Hentschel, Executive Director Collier County Housing Authority 1800 Farm Worker Way Immokalee, FL 34142 (239)657-3649 L.1 45 r, 161 . Collier County Housing Authority Immokalee,Florida Schedule of Expenditures of Federal Awards For the Year Ended September 30,2019 Federal Program or Disbursements CFDA Award or FEDERAL GRANTOR Number Amount Expenditures U.S.Department of Agriculture Farm Labor Housing Loans and Grants • 10 405 $ 4,962,000 $ 4,962,000 Rural Rental Assistance Payments 10.427 580,051 580,051 Total U.S.Department of Agriculture 5,542,051 5,542,051 U.S.Department of HUD Section 8 Housing Choice Vouchers ' + 14.871 3,807,639 3,807,639 ���LSSSS HOME Investment Partnerships Program 14 239 206,677 206,677 >1 Community Development Block Grants 14 218 188,190 188,190 Total U.S.Department of HUD 4,202,506 4,202,506 U.S.Department of Homeland Security Disaster Grants-Public Assistance + 97 036 523,794 523,794 Total U.S.Department of Homeland Security 523,794 523,794 11 TOTAL $ 10 $ 10,268,351 Notes to the Schedule of Expenditures of Federal Awards A. Basis of Accounting and Presentation J This schedule includes the federal grant activity of the Collier County Housing Authority and is presented on the full accrual basis of accounting The information in this schedule is presented in accordance with the requirements of the Uniform Guidance n (Title 2 U S Code of Federal Regulations(CFR),Pan 200,Uniform Administrative Requirements Cost Principles.and Audit Requirements for Federal Awards) Therefore,some amounts presented in this schedule may differ from amounts presented in or used in the preparation of the basic financial statements The Authority has not elected to use the 10%deminimms cost rate [..1 B. ReconcNiation of Total Federal Awards Expenditures to Financial Data Schedule FDS Line 70600 HUD PHA Grants $ 3,807,639 FDS Line 70800 Other Government Grants 2,098,712 FDS Line 343&351 Farm Labor Housing Loan Debt 4,962,000 10.868.351 FDS Line 70800 Less for Non Federal Grants (600,000) $ 10,268,351 C. Other Considerations In Determining Major and Non-major Program Requirements The Authority is administering housing under the U S Department of Agnculture's Rural Housing Services Program The financing for construction of this housing project was provided by the Agency for Farm Labor Housing Loans&Grants(Federal CFDA#10 405) At September 30.2019.the balance of the long term debt due to the U S Department of Agriculture's Rural Housing Services was $4,962,000 This loan balance has been considered as a part of the computation to determine the mapr and non major program requirement under the Uniform Guidance D. Program Type ' Type A Program "Type B Program + Major Program ri See audfor's report f 46 161 Ba Barton, 13137-66th Street,Largo,FL 33773 irti Gonzalez Phone:(727)344-1040 Fax:(727)533-8483 & Myers, P.A. wwu.bartoncpas.conm * Certified Public Accountants H February 11, 2020 Mr. Oscar Hentschel, Executive Director and Board of Commissioners } Collier County Housing Authority u Immokalee, Florida Dear Mr. Hentschel and Board of Commissioners: In planning and performing our audit of the financial statements of the Collier County Housing Authority for the year ended September 30,2019,in accordance with auditing standards generally accepted in the United States of America,we considered the Authority's internal control over financial reporting(internal control)as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements,but not for the purpose of expressing an opinion on the effectiveness of the organization's internal control.Accordingly, we do not express an opinion on the effectiveness of the Authority's internal control. However,during our audit we became aware of certain matters that are an opportunity for strengthening internal r' controls and operating efficiency.This letter does not affect our report dated February 11,2020,on the financial statements of the Collier County Housing Authority. We will review the status of these comments during our next audit engagement. We have already discussed these comments and suggestions with various Authority personnel,and we will be pleased to discuss it in further detail at your convenience,to perform any additional study of these matters,or to assist you in implementing the recommendations. Our comments are summarized as follows: Prior year management comments that continue to apply: None. Current year management comments: MC2019-001 HCV Waiting List-We tested 25 files out of a total population of 976 applications from the current waiting list. We noted the following issues. r! • 1 tenant file where the time was not recorded on the application. As such,the time reported on the waiting list may or may not be correct. In any case there would not be a significant impact on the applicant's placement on the waiting list. • 2 tenant files where the time on the application did not agree to the time on the waiting list.This did not significantly impact the applicants' placement on the waiting list. We recommend the Authority periodically review the waiting list and compare the time and date on the applications to the time and date on the waiting list to assure that the waiting list is properly maintained and tenants are being properly selected in the correct order from the waiting list. ri 41 r 161 MC2019-002 HCV New Admissions—We tested 4 tenant files out of a total population of 33 new admissions from the new admissions report. We noted 1 tenant file where the request for tenancy form was not signed by the tenant. Although not significant, we recommend all HUD required forms be signed and maintained in the tenants file. MC2019-003 Fixed Assets and Depreciation — We noted the USDA fixed asset depreciation schedule excludes certain assets. Although depreciation calculated was materially correct,we recommend the schedule be updated to include all assets so that the total of the amounts listed on the schedule agree to the amounts recorded in the general ledger. In addition,we noted the COCC fixed asset schedule also needs to be updated for$35,441 of current year additions not reflected on the schedule. Depreciation on these assets would have been immaterial. MC2019-004 Funding of the USDA Replacement Reserve and Debt Service Accounts-The replacement rat reserve account and the debt service accounts were underfunded by one payment each ($41,667 for the replacement reserve and $22,840 for the debt service account). These deposits should be caught up and corrected. Each year, the full amount required should be funded to these reserve accounts. This report is intended solely for the information and use of management,Board of Commissioners,others within the Authority, and the Department of Housing and Urban Development(HUD), and is not intended to be and should not be used by anyone other than these specified parties. 1 c., Sincerely ./ --,2107. * 11177A1/4.4. U Barton, Gonzalez& Myers, P.A. Certified Public Accountants '1 n ,1 48 X61 E Financial Data Schedule Li Li ri J 11 B r , rJ r . L 49 161 I. 32 D r 1 - - . 2 . .1.., .A., ' I ! 1 nil i ' 111111 5 .• , 5 ,. x .41*-ig . -ill. a I 1 1 • .A: , 1 ; , z. : .1; . f ..-.;. s0. : 441 °- sr;RIUsi ; b! g * ; x I4 - t :42'c a r. U 2 ' w 1 IA 4 ;.• ,ZiZi1,4 ' -if F.12 „ it, • .a. !alai ‘1"' Pl"1121r•I I i I :», : - — - : 0 .. : 2 ' - NA 2 2, , 117 ! If-11111r! 4. a a i i ILI - '__1. • , _.1 1.1 .1 _.I 1 L ..L.: oi . 1i 1 i . , 1 "4 a 1 i o: 1 ? • - a a ,a,a, ai 4 z s e, ' I . I ... :..._ . 0 i i i , . 1" i • ; , L a a i a a a a 1 : ' lit a .a a a ' a Eilr : n , . • . . e . 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