harbor bay community opdevel ment …...2020/05/21 · • presentation of harbor bay cdd fy...

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HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT

Revised Meeting Package Time Stamped: 05/19/20 10:00 PM

Regular and Telephonic Meeting

Thursday May 21, 2020

6:00 p.m.

Location: 107 Manns Harbor Drive

Apollo Beach, Florida 33572 and

Zoom Conference Call

Audio Only

Note: If you would like the full agenda package, please reach out to [email protected] for a copy.

Note: The Advanced Meeting Package is a working document and thus all materials are considered DRAFTS prior to presentation and Board acceptance, approval or adoption.

mailto:[email protected]

Harbor Bay Community Development District

Development Planning and Financing Group

[X] 250 International Parkway, Suite 280 [ ] 15310 Amberly Drive, Suite 175 Lake Mary FL 32746

321-263-0132 Ext. 4205 T ampa, Florida 33647 813-374 -9105

Board of Supervisors Harbor Bay Community Development District Dear Board Members: The Regular Meeting of the Board of Supervisors of the Harbor Bay Community Development District is scheduled for Thursday, May 21, 2020 at 6:00 p.m. at 107 Manns Harbor Drive, Apollo Beach, Florida 33572 and via Zoom conference call, Audio Only – Physical presence only for members of the Board and District Management Team. The advanced copy of the agenda for the meeting is attached along with associated documentation for your review and consideration. Any additional support material will be distributed at the meeting. The balance of the agenda is routine in nature. Staff will present their reports at the meeting. If you have any questions, please contact me. I look forward to seeing you there. Sincerely,

Patricia Comings-Thibault Patricia Comings-Thibault District Manager Cc: Attorney

Engineer District Records


Board of Supervisors Meeting

Thursday, May 21st at 6:00 PM

via Zoom Dear Residents We welcome you to join us for the Board of Supervisors Meeting to be held on Thursday, May 21st at 6:00 PM. This meeting will be held via Zoom, an online platform that allows us to hold necessary Board meetings without having to leave the safety of your home. With Zoom you have two options for joining the meeting; telephone or computer, and it will all be audio based, meaning no video recording. Please follow the instructions below for either telephone or computer attendance. If you have any questions in regard to the agenda, please email them to [email protected] before the meeting so that they can be answered accordingly. Due to a high volume of participants we request that all participants mute their microphones. Thank you for your patience in these trying times and we look forward to hearing from you. Join Zoom Meeting by Computer https://us02web.zoom.us/j/91672947207?pwd=QTZqL2RhaTg5UnlTclpKS1ZnbjcvUT09 Meeting ID: 916 7294 7207 Password: 872036 Join Zoom Meeting by Phone Dial by your location – Follow the Prompts – Meeting ID - 916 7294 7207 – Hit # when it requests a participant ID +1 253 215 8782 US +1 301 715 8592 US +1 346 248 7799 US (Houston) +1 929 205 6099 US (New York) +1 312 626 6799 US (Chicago) +1 669 900 6833 US (San Jose)

mailto:[email protected]

https://us02web.zoom.us/j/91672947207?pwd=QTZqL2RhaTg5UnlTclpKS1ZnbjcvUT09

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District: HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT

Date of Meeting: Thursday, May 21, 2020 Time: 6:00 PM Location: 107 Manns Harbor Drive

Apollo Beach, FL 33572 & Zoom – Conference Call

Dial-in Number: +1 253 215 8782 Meeting ID: 916 7294 7207

Agenda

I. Call to Order/Roll Call

II. Pledge of Allegiance III. Audience Comments on Agenda Items IV. Presentation of Audience Comment Follow-Up Sheet Exhibit 1 V. Business Items

A. Seawall Update – Earth Tech

Master Seawall Project Progress Map and Production Tracking

Exhibit 2

Section III Seawall Failure Exhibit 3

Canal Light Repairs Exhibit 4

Weekly Seawall Update Exhibit 5

B. Landscape Professionals – Douglas Ivester Exhibit 6

C. Major Project Updates

Cardno Project Tracker Exhibit 8

Discussion of Capital Project Spending

• Discussion of Capital Project Spending – Curley Memo Exhibit 9A

• Discussion of Harbor Bay CDD South Border Safety and Security – Maurer Memo

Exhibit 9B

• Presentation of Discussion – Capital Projects Exhibit 10

Presentation of Proposed FY 2021 Budget • Presentation of General Fund Operating Budget • Presentation of Harbor Bay CDD FY 2020-2021

Budget

Exhibit 11A Exhibit 11B

V. Business Item (continued)

of 3

Consideration & Adoption of Resolution 2020-11, Proposed FY 2021 Budget

Exhibit 12

Consideration of Project Manual related to MiraBay Pavement Rehabilitation Project

Exhibit 13

Dock Permit Review Memo Exhibit 14

D. Discussion of Acquisition Agreement Memo Exhibit 15 E. Update and/or Consideration regarding Second Addendum to

Acquisition Agreement – Park Square

Exhibit 16

F. Consideration of Vesta Contract Addendum Vesta Contract Addendum – May 2020 – Curley Memo Exhibit 17A Vesta Cost Analysis and Thoughts – Lockom Memo Exhibit 17B

Vesta Contract Addendum Exhibit 17C

Vesta Contract Exhibit 17D

G. Discussion of Wolf Branch Creek Preserve – Prescribed Burn Update

Exhibit 18

H. Presentation of Number of Registered Voters Exhibit 19

I. Discussion of Invoice Review Process Exhibit 20

J. Discussion of COVID-19 Reopening Plan

Discussion of COVID-19 Reopening Plan – Curely Memo Exhibit 21A

Vesta Reopening Plan Exhibit 21B

VI. Staff Reports

A. District Counsel B. District Engineer C. District Manager

D. General Manager & Field Operations Manager MiraBay Manager’s Report Exhibit 22

Field Operations Report Exhibit 23

Refuse Contract Renewal Exhibit 24

Pavers Proposals Exhibit 25

VII. Consent Agenda Items / Business Administration

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A. Consideration of Minutes of the Board of Supervisors Emergency COVID-19 Meeting Held on April 7, 2020

Exhibit 26

B. Consideration of Minutes of the Board of Supervisors Meeting Held on April 16, 2020

Exhibit 27

C. Consideration of Operations & Maintenance Expenditures Check Register for April 2020

Exhibit 28

D. Consideration of Operations & Maintenance Expenditures Check Register for April 2020 – Reserve Fund

Exhibit 29

E. Consideration of Operations & Maintenance Expenditures Check Register for April 2020 – MiraBay Amenity Center

Exhibit 30

F. Consideration of Operations & Maintenance Expenditures Check Register for April 2020 – Evergreen Fund

Exhibit 31

G. Consideration of Operations & Maintenance Expenditures Check Register for April 2020 – Seawall Fund

Exhibit 32

H. Dock and Boat Lift Approvals – No approvals this month

I. Ratification of Affidavit of Consent to the Encroachment of Certain Improvements Into a Platted Easement Dedicated to a HOA or CDD – 608 Islebay DR

Exhibit 33

J. Ratification of Encroachment Agreement and Release – 608 Islebay DR

Exhibit 34

K. Ratification of Master Seawall Project Design Build Change Order No. 4

Exhibit 35

L. Ratification of Advantage Restoration for General Contractor Services Agreement

Exhibit 36

M. Ratification of Reserve Study Contract Exhibit 37

N. Ratification of CLM ASOs #1 - #18 Exhibit 38

VIII. Supervisor Requests

IX. Audience Comments

A. Discussion of MiraBay Re-Opening Exhibit 39

X. Adjournment

EXHIBIT 11A

Who: Patricia Thibault

What: FY 20-21 Proposed Budget – General Fund

When: May Meeting

Budget Impact: See Budget

Decision: Decision will be made with the adoption

of the resolution

HARBOR BAYCOMMUNITY DEVELOPMENT DISTRICT

PROPOSED GENERAL FUND OPERATING BUDGET

OCTOBER 1, 2020 – SEPTEMBER 30, 2021

HARBOR BAY CDDGENERAL FUND - PROPOSED

FY 2021 Expenditure Summary: $3,987,384

Administrative15%

Security Services6%

Utility & Waste Services8%

Stormwater Control1%

Other Physical Environment21%

[CATEGORY NAME]<1%

Parks & Recreation13%

[CATEGORY NAME]<[PERCENTAGE]

Contingency & Transfers Out35%

General Fund Revenues – Proposed FY 21

FY 2017ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD ‐MAR

FY 20 April ‐ Sept

FY 2020 PROJECTED Year End

FY 2021 PROPOSED

2020‐2021 Variance

REVENUEGENERAL FUND REVENUE ASSESSMENTS (Tax Roll ‐NET)

$ 2,294,463 $ 2,608,046 $ 2,947,214 $ 1,974,396 $ 1,910,840 $63,556 $1,974,396 $1,974,396 $ ‐

GENERAL FUND ASSESSMENTS TO BE TRANSFERRED TO RESERVES (FY 21)

‐ ‐ ‐ ‐ ‐ ‐ ‐ 450,000 450,000

INCREASE IN GENERAL FUND ASSESSMENTS ‐ FY 21 ‐ ‐ ‐ ‐ ‐ ‐ ‐ 757,699

TOTAL ASSESSMENT REVENUE (on roll)2,294,463 2,608,046 2,947,214 1,974,396 1,910,840 63,556 1,974,396 3,182,095 450,000

STREET LIGHT ASSESSMENTS 155,433 156,298 155,896 154,740 147,912 6,828 154,740 154,740 ‐

OFF ROLL 678,284 768,516 916,696 628,949 555,066 73,883 628,949 628,949 ‐

INTEREST 8,263 18,988 39,560 35,000 6,606 6,000 12,606 12,000 (23,000)

MISCELLANEOUS ‐ ‐ 80 ‐ 5,152 ‐ 5,152 ‐ ‐STREETLIGHTS ‐ PARK SQUARE ‐ ‐ ‐ ‐ 1,597 4,800 6,397 9,600 9,600

BALANCE FORWARD ‐ ‐ ‐ 1,294,265 ‐ ‐ 1,294,265 ‐ (1,294,265)

TOTAL REVENUE $3,136,443 $3,551,848 4,059,446 4,087,350 2,627,173 155,067 4,076,505 3,987,384 (857,665)

General Fund Increase Impact

Lot Type FY2020 Assessment Per Lot

FY2021 Assessment Per Lot

Total Change Per Lot

Monthly Change Per Lot % Change

TH $1,397.09 $1,629.92 $232.83 $19.40 16.7%

Villa(5) $2,235.30 $2,607.83 $372.53 $31.04 16.7%

50(5) $2,794.13 $3,259.80 $465.67 $38.81 16.7%

60' AA1 $3,271.71 $3,830.52 $558.81 $46.57 17.1%

60' AA2 $3,352.94 $3,911.75 $558.81 $46.57 16.7%

70' AA1 $3,817.00 $4,448.94 $631.94 $52.66 16.6%

80' AA1 $4,362.30 $5,107.36 $745.06 $62.09 17.1%

80' AA2 $4,470.60 $5,215.67 $745.07 $62.09 16.7%

100' AA1 $5,452.86 $6,384.20 $931.34 $77.61 17.1%

100' AA2(5) $5,588.24 $6,519.58 $931.34 $77.61 16.7%

COMM $6,415.51 $6,525.06 $109.55 $9.13 1.7%

HARBOR BAY CDDAdministrative: $602,099

$‐

$100,000.00

$200,000.00

$300,000.00

$400,000.00

$500,000.00

$600,000.00

$700,000.00

FY 2017 Actual FY 2018 Actual FY 2019 Actual FY 2020 Amended FY 2021 Proposed

HARBOR BAY CDDAdministrative: 15%, $30,008 Increase

ADMINISTRATIVE:

LEGISLATIVE

SUPERVISOR FEES $15,000 Estimated 5 Supervisors to be in attendance for 15 meetings. Chapter 190 of the Florida Statute allows for $200 per meeting

FINANCIAL & ADMINISTRATIVE

ADMINISTRATIVE SERVICES $0 This expenditure was created to the prior District Manager and is included in he District Management aspect of the contract with the consultant.

DISTRICT MANAGEMENT $46,000

The District receives Management & Administrative Services which includes attending and conducting all scheduled meetings, ensure compliance with Statutes, provide for recordkeeping, properly notice and advertise all matters that are required, maintain records of proceedings and providing for the overall administration of the District. Contract is for $46,000.

DISTRICT ENGINEER $150,000 Provides general engineering services to District, i.e. attendance & preparation for monthly board meetings and other specifically requested assignments throughout the year.

DISCLOSURE REPORT $5,000The consultant shall serve as the District's dissemination agent under any applicable continuing disclosure undertaking of the District, which shall include fulfilling all duties of the Dissemination Agent set forth; such as the Series 2019 Trust Indenture.

TRUSTEES FEES $7,005Confirmed amount with U.S. . Bank ‐ Trustee for Series 2019 A‐1 and 2019 A‐2 for the oversight of the various trust accounts related to the Series 2019 bond. Amounts are billed in September of each year.

ASSESSMENT ROLL $0 This expenditure was related to the prior District Manager and is no longer valid as it is incorporated as part of the agreement with DPFG financial and revenue collection services.

FINANCIAL & REVENUE COLLECTIONS $5,000The consultant shall provide for pre‐payment collections, administer the assessment roll process and provide for certification of the roll, administer assessments for off tax roll parcels/lots ad annually provide for a true‐up analysis.

ACCOUNTING SERVICES $28,000

Consultant shall establish and maintain a fund accounting system in accordance with GASB and applicable federal and state law, provide accounts payable and receivable functions, asset tracking, the filing of annual reports and investment tracking. Additionally, the consultant shall prepare a budget to present to the Board of Supervisors.

HARBOR BAY CDD(Continued) Administrative: 15%, $30,008 Increase

AUDITING SERVICES $4,000

State law requires the District to undertake an annual independent audit. The budgeted amount for the fiscal year is based on estimated fees from an existing engagement letter. The District wil need to go out for bid for the FY 20 audit and the budget was increased to reflect any potential increase for audit services.

ARBITRAGE REBATE CALCULATION $1,500The District is required to calculate interest earned from bond proceeds each year pursuant to the Internal Revenue Code. The Rebate Analyst is required to verify that the District has not received earnings higher than the yield of the bonds. Estimated considering Series 2019 issuances.

MISCELLANEOUS MAILINGS $2,000 Estimated.

PUBLIC OFFICIALS LIABILITY INSURANCE $3,794 The District will incur expenditures for public officials' liability insurance for the Board and Staff. Pursuant to agent confirmation

LEGAL ADVERTISING $10,000The District is required to advertise various items pursuant to Statutory requirements. The items incude meeting schedules, special meeting notices, public hearings and bidding, etc. for the District and any other statutory requirements.

DUES, LICENSES & FEES $4,000 Expenditure includes items such as pool permits, fire marshal inspections, elevator certificates of operation as well as an annual fee to the Department of Economic Opportunity.

MISCELLANEOUS FEES $10,000Other miscellaneous such as false alarms. Additionally the contract provides for any meetings that are in excess of 2.5 hours that an hourly rate of $175 be charged ‐ $3,150 is added to the budget for this purpose.

PROPERTY TAXES $3,900 Amounts collected from Doug Beldon, tax collector for ad‐valorem assessments related to A0526642732.

WEBSITE HOSTING, MAINTENANCE, BACKUP (EMAIL) $6,900

Campus Suite to provide ADA compliance for website platform and the remediation of 750 pages of documents. An additional $3,000 for pages in excess and $3,000 for DPFG for website administration. An additional $25 for annual domain registration

DISTRICT COUNSEL $300,000Provides general legal services, review of contracts, agreements and other research assigned and directed by the Board and District Management throughout the year. Amount was increased based on CY spending in FY 20

TOTAL ADMINISTRATIVE $602,099

HARBOR BAY CDDSecurity Services: $246,704

$‐

$50,000.00

$100,000.00

$150,000.00

$200,000.00

$250,000.00

$300,000.00


HARBOR BAY CDDSecurity Services: 6%, $0 Increase

SECURITY SERVICES

SECURITY ASSETS AND FEES $50,000The District may contract with Hillsborough County Sheriff to provide additional security services for the District – 3 days per week, 8 hour shifts at $40 per hour

SECURITY OPERATIONS (REMOTE SECURITY) $196,704

The District has contracted with Envera Security to provide for certain lands within the District, a security system and security system operating/maintenance services.

TOTAL SECURITY SERVICES $246,704

HARBOR BAY CDDUtility & Waste Services: $317,420

$270,000.00

$275,000.00

$280,000.00

$285,000.00

$290,000.00

$295,000.00

$300,000.00

$305,000.00

$310,000.00

$315,000.00

$320,000.00


HARBOR BAY CDDUtility & Waste Services: 8%, $12,180 Increase

UTILITY & WASTE SERVICESELECTRIC UTILITY SERVICES

STREET LIGHTS $166,800

The District is incurring expenditures relating to streetlights throughout the District and within the District Boundaries. The average billing approximates $13,900 monthly and Park Square contributes approximately $800 per month for streetlights. This Park Square revenues approximates $9,600 is included in miscellaneous revenues. In PY it reduced the expenditure – not GAAP

UTILITY ‐ RECREATION FACILITIES $75,000 The District incurs expenditures for utility service located at 107 Manns Harbor Drive.UTILITY ‐ GUARDHOUSE & GATE ELECTRIC $4,000 The District incurs expenditures for utility services located at 200 Mirabay Blvd., 300

Manns Harbr Drive and 606 Mirabay Blvd.

UTILITY – IRRIGATION $18,000 The District incurs expenditures for irrigation timers, lift station pumps and wells located at 11 meters throughout the District.

GAS UTILITY SERVICESUTILITY SERVICES $4,000 The District incurs expenditures for gaslights in the District. GARBAGE/SOLID WASTE CONTROL SERVICES

GARBAGE ‐ RECREATION FACILITY $3,620

The District has 6 cubic yard dumpster located at 107 Manns Harbor and incurs expenditures at a rate of $260 per month. The District also incurs additional expenditures related to overage charges. An additional $500 was included for overage charges.

WATER‐SEWER COMBINATION SERVICES

UTILITY SERVICES – AMENITIES $31,000 The District incurs expenditures related to utility service provided by Hillsborough County for 2 meters located at 115 Mirabay Blvd and 107 Manns Harbor Drive.

UTILITY – IRRIGATION $15,000 The District incurs expenditures related to irrigation water service provided by Hillsborough County for 14 meters located through out the District.

TOTAL UTILITY & WASTE SERVICES $317,420

HARBOR BAY CDDStormwater Control: $43,200

$‐

$5,000.00

$10,000.00

$15,000.00

$20,000.00

$25,000.00

$30,000.00

$35,000.00

$40,000.00

$45,000.00

$50,000.00


HARBOR BAY CDDStormwater Control: 1%, $64 Increase

STORMWATER CONTROL

AQUATIC MAINTENANCE $35,100The District has conracted with Cardno to provide lake management services at Admiral Pointe Pond ‐ $1,500 annually and the Mira Bay Ponds ‐$33,600 annually in order to control nuisnace plant and algae.

FOUNTAIN SERVICE REPAIRS $3,000 The District may incur expenditures related to the maintaining of the foutains throughout the District. The exped

FOUNTAIN MAINTENANCE $1,100 The District has contracted with Solitude for fountain maintenance services at a quarterly amount of $259.

MITIGATION AREA MONITORING & MAINTENANCE $4,000

The Disrict has contracted with Cardno to provide seawall vegetation control at $100 per quarter. Additional amounts are included in the budget for any additional maitenance service required.

TOTAL STORMWATER CONTROL $43,200

HARBOR BAY CDDOther Physical Environment: $828,893

$‐

$5,000.00

$10,000.00

$15,000.00

$20,000.00

$25,000.00

$30,000.00

$35,000.00

$40,000.00

$45,000.00

$50,000.00


HARBOR BAY CDDOther Physical Environment: 21%, $13,579 Decrease

OTHER PHYSICAL ENVIRONMENT

GENERAL LIABILITY & PROPERTY INSURANCE $90,833 The District has insurance expenditures related to insuring assets owned by the District and for its general liability needs as well as its pollution liability with EGIS Insurance Advisors.

INSURANCE ‐ FLOOD $15,760 The District has insurance expenditures related to flood insurance for 5248 Admiral Pointe Drive and the Gatehouse.

MISCELLANEOUS MAINTENANCE $10,000 The District will incur expenditures for items not appropriated in other line items but are needed for the operation of the District.

LANDSCAPE MAINTENANCE ‐ GENERAL $312,000The District has contracted for services with CLM for general landscape maintenance in order to maintan the rights‐of‐way, median strips, recreational facilities, entryways and similar planting areas within the District (Part 1 of the contract).

LIGHTING MAINTENANCE & REPAIR $7,500 The District will incur expenditures for items not appropriated in other line items related to service calls for the maintenance of lighting.

LANDSCAPE MAINTENANCE ‐ SEACREST $0 This is now included in the CLM contract.

LANDSCAPE MAINTENANCE ‐ OPTIONAL AREAS $12,600 The District has contracted with CLM for the maintenance of 6 various optional areas within the District, ASO #1.

LANDSCAPE ‐ FERTILIZATION $77,100 The District has contracted with CLM for the application of fertilization of District common areas (Part 2 of the contract).

LANDSCAPE ‐ PEST CONTROL $57,200

The District has contracted with CLM for pest control services of common areas (Part 3 of the contract ‐$6,000). Additionally budgeted amounts consider OTC injections as well as any other necessary pest control. If all OTC injections were performed as a one time event the financial burden associated would be $153,600.

IRRIGATION REPAIRS AND MAINTENANCE $51,600The District has contracted with CLM to provide irrigation services and monthly wet checks, (Part 4 ‐$39,600) The budgeted amount also includes the actual repair of any irrigation issues found as well as the Ballenger contract for permit and central control reporting.

LANDSCAPE ‐MULCH $80,000The District will incur expenditures related to the laying of mulch in District common areas. The District operations manager is recommending a 2x annual replacement of mulch and the budget reflects this increase.

LANDSCAPE ‐ ANNUALS $32,000 The District has contracted with CLM via ASO#4 for quarterly annual change out at $8,000 per change out.

LANDSCAPE REPLACEMENT PLANTS, SHRUBS, TREES $75,000 The District will contract for any enhancement or replacement of plant, shrubs or trees.

FIELD SERVICES $0 No longer utilized

MINOR VOID REPAIRS $1,000 The Distrit will incur expenditures related to the repair of minor voids.

FREEZE PROTECTION $6,300 In the event of a freeze the District will incur expenditures for freeze protection cloth and the install and removal of such material.

OTHER PHYSICAL ENVIRONMENT $828,893

HARBOR BAY CDDRoad & Street Services: $20,200

$‐

$5,000.00

$10,000.00

$15,000.00

$20,000.00

$25,000.00

$30,000.00


HARBOR BAY CDDRoad & Street Services: <1%, $2,450 Increase

ROAD & STREET FACILITIES

STREET / PARKING LOT SWEEPING $7,200

The District has contracted with USA Services for 1x monthly street sweeping services in the amount of $450 per month for 20.25 curb miles. The District will be requesting for (4) additional sweeps during high leaf dropping season during FY 21

MAINTENANCE ‐ (ASPHALT & GATE) $13,000 Amounts expended for asphalt repairs and maintenance as well as any costs related to gate maintenance.

TOTAL ROAD & STREET FACILITIES $20,200

HARBOR BAY CDDParks & Recreation: $510,391

$‐

$100,000.00

$200,000.00

$300,000.00

$400,000.00

$500,000.00

$600,000.00


HARBOR BAY CDDParks & Recreation: 13%, $9,924 Increase

PARKS & RECREATION

ONSITE STAFFING/EMPLOYMENT $275,960 Pursuant to the contract with Vesta for Task 1A & B in FY 21. The budget contemplates 25% of Year 1 pricing and 75% of Year 2 Pricing.

WTS MANAGEMENT FEE $0 No longer utilized

BUILDING REPAIRS & MAINTENANCE $30,000 The District will incur expenditures related to the repair and maintenance of the building.

MAINTENANCE SUPPLIES $15,000 The District will incur expenditures for maintenance supplies. Examples of items include safety tape, latches, etc.

SERVICE TRUCK REPAIRS & MAINTENANCE $2,500 Expenditures related to the service truck such as fuel and any other necessary

maintenance of this vehicle

PEST CONTROL $12,600The District will incur expenditures related to boar trappings at $600 per rmonth and for routine pest control at District facilities for approximately $450 per month. Additional $250 for extra pest control.

CLUBHOUSE AUDIO EQUIPMENT $500 The District will incur miscellaneous expenditures related to the maintenance of the clubhouse audio equipment

COMPUTER SUPPORT, MAINTENANCE & REPAIR $10,000 The District will incur annual expenditures related to Facilities Management Express.

This expenditure is assessed normally in June and in FY 2019 it was $6,603.

PROJECT MANAGEMENT SYSTEM $0 No longer utilized , amounts for the Facilities Management Express are accounted for in computer support

CLEANING SUPPLIES $500 Miscellaneous expenditures related to cleaning supplies

POOL OPERATION & MAINTENANCE $32,000

Pursuant to the contract with VESTA Task 6 in FY 21. The budget contemplates 25% of Year 1 pricing and 75% of Year 2 Pricing plus any necessary pool supplies needed for the maintenance of the pools. The VESTA contract applies 80% of the billing to the main clubhouse and 20% to Admiral Pointe.

POOL HEATER MAINTENANCE $3,200 The District will incur expenditures related to the maintenace of the pool heater.

FACILITY A/C & HEATING MAINTENANCE & REPAIR $5,000

The District will incur epxenditures related to HVAC system repair & maintenance. The operations manager has increased the budget for FY 21 due to prior year spending patterns.

HARBOR BAY CDD(Continued) Parks & Recreation: 13%, $9,924 Increase

SIGN MAINTENANCE & REPAIRS $5,000 The District will incur expenditures related to sign maintenance and repairs.PRINTING SUPPLIES $500 The District will incur miscellaneous expenditures related to printing supplies.

OFFICE SUPPLIES $2,500 The District will incur miscellaneous expenditures related to office supplies for the amenity center daily operations.

PLAYGROUND REPAIRS $4,000The District will incur miscellaneous expenditures related to repairs of the District playgrounds. The operation manager has increased the budget to reflect additional anticipated needs.

TELEPHONE/INTERNET‐GATE, BOAT LIFT & CLUB $30,000

The District has service with Frontier communications for phone/internnet services at various locations inclusive of the clubhouse and gate locations. Additionally the District has services being provided by Spectrum for television services located at the main clubhouse and at Admiral Pointe.

BOAT LIFT SLING REPAIRS & MAINTENANCE $18,000 The District will incur epxenditures related to the boat sling lift inclusive of an semi‐

annual OSHA inspection.

HOLIDAY DECORATIONS $12,000 The District will incur epxenditures related to holiday decorations for the District and facility.

TENNIS COURT MAINTENANCE & SUPPLIES $5,000 The District wil incur expenditures related to the tennis cour facility. In FY 20 a

painting of the bathroom was perfomed as well as a delivery of hydroblend clay.TENNIS COURT MAINTENANCE PERSONNEL $31,311 Pursuant to the contract with Vesta for Task 7 in FY 21. The budget contemplates 25%

of Year 1 pricing and 75% of Year 2 Pricing.BASKETBALL COURT MAINTENANCE & SUPPLIES $1,500 The District will incur miscellaneous expenditures related to the maintenance of the

basketball court.

ELEVATOR MAINTENANCE $6,000The District has contracted with Schindler elevator for monthly service at $230 per month. Additional amounts are budgeted for service calls and repairs as deemed necessary by the operations manager.

DOG WASTE STATION SUPPLIES $7,320The District has contracted with an animal waste maintenance entity for the maintenance of 18 dog waste stations at a price of $610 per month. The buget for FY 21 contemplates this contract and slight increase.

TOTAL PARKS & RECREATION $510,391

HARBOR BAY CDDAdmiral Pointe Operations: $41,680

$38,000.00

$39,000.00

$40,000.00

$41,000.00

$42,000.00

$43,000.00

$44,000.00

$45,000.00

$46,000.00

$47,000.00


HARBOR BAY CDDAdmiral Pointe Operations: 1%, $2,309 Decrease

ADMIRAL POINTE OPERATIONSWTS MANAGEMENT FEE $0

POOL OPERATION & MAINTENANCE $8,000

Pursuant to the contract with VESTA Task 6 in FY 21. The budget contemplates 25% of Year 1 pricing and 75% of Year 2 Pricing plus any necessary pool supplies needed for the maintenance of the pools. The VESTA contract applies 80% of the billing to the main clubhouse and 20% to Admiral Pointe.

ELECTRIC UTILITY ‐ AMENITYFACILITIES $30,000 The District will incur electric utility service expenditures from TECO for the

operations at Admiral Pointe.

WATER UTILITY ‐ AMENITY FACILITIES $1,020The District will incur water utility service expenditures from Hillsborough County for the operations at Admiral Pointe. In PY there were sales tax credit applied.

SUPPLIES $1,000 The District will incur miscellaneous supplies. The operations manager considered prior spending & reduced amounts in FY 21.

CLUBHOUSE PEST CONTROL $660 The District has contracted with a pest control provider for pest control services at $55 per month. The FY 21 budgt contemplates this amount.

BUILDING REPAIRS & MAINTENANCE $1,000 The District will incur miscellaneous sexpenditures related to building repairs and maintenance.

TOTAL ADMIRAL POINTE OPERATIONS $41,680

HARBOR BAY CDDContingency & Transfers Out: $1,376,797

$‐

$500,000.00

$1,000,000.00

$1,500,000.00

$2,000,000.00

$2,500,000.00

$3,000,000.00


HARBOR BAY CDDContingency & Transfers Out: 35%

$138,704 Decrease

CONTINGENCY

WORKING CAPITAL $0 This is no longer utilized

MISCELLANEOUS CONTINGENCY $200,000 This is to be utilized for $200,000 for miscellaneous contingency as needed for amounts not appropriated in other line items

CAPITAL PROJECTS $400,000 To be Determined By the Board of Supervisors

SEAWEALL CONTINGENCY $0 No longer utilized

TOTAL CONTINGENCY $600,000

INTERFUND TRANSFERS TO RESERVES $450,000 Transfer to reserve fund based on reserve study (new study to be completed in FY 20)

INTERFUND TRANSFERS TO MIRABAY $276,797 Transfer to Mirabay Fund based on operating needs

INTERFUND TRANSFER TO SEAWALL FUND $50,000 Transfer to Contingency for Seawall fund for any unkownn

TOTAL CONTINGENCY & INTERFUND TRANSFERS $1,376,797

EXHIBIT 11B

Who: Patricia Thibault

What: FY 20-21 Proposed Budget – This is the

highwater mark budget proposed based on current

spending. This budget begins the two-step process

to adopt a budget for the ensuing fiscal year. The

Board will make decisions as to a capital project plan,

spending thresholds. The completion of the reserve

study will also impact the proposed budget before

final adoption.

When: May Meeting

Budget Impact: See Budget

Decision: Decision will be made with the adoption of

the resolution

STATEMENT 1HARBOR BAY CDD

FY 2021 PROPOSED BUDGET - GENERAL FUND

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED2020-2021 Variance

REVENUE

1 GENERAL FUND REVENUE ASSESSMENTS (Tax Roll - NET) 2,294,463$ 2,608,046$ 2,947,214$ 1,974,396$ 1,910,840$ 63,556 1,974,396 1,974,396 -$

2 GENERAL FUND ASSESSMENTS TO BE TRANSFERRED TO RESERVES (FY 21) - - - - - - - 450,000 450,000

3 INCREASE IN GENERAL FUND ASSESSMENTS - FY 21 - - - - - - - 757,699

4 TOTAL ASSESSMENT REVENUE (on roll) 2,294,463 2,608,046 2,947,214 1,974,396 1,910,840 63,556 1,974,396 3,182,095 450,000$

5 STREET LIGHT ASSESSMENTS 155,433 156,298 155,896 154,740 147,912 6,828 154,740 154,740 -

6 OFF ROLL 678,284 768,516 916,696 628,949 555,066 73,883 628,949 628,949 -

7 INTEREST 8,263 18,988 39,560 35,000 6,606 6,000 12,606 12,000 (23,000)

8 MISCELLANEOUS - - 80 - 5,152 - 5,152 - -

9 STREETLIGHTS - PARK SQUARE - - - - 1,597 4,800 6,397 9,600 9,600

10 BALANCE FORWARD - - - 1,294,265 - - 1,294,265 - (1,294,265)

11 TOTAL REVENUE 3,136,443 3,551,848 4,059,446 4,087,350 2,627,173 155,067 4,076,505 3,987,384 (857,665)

12 EXPENDITURES

13 ADMINISTRATIVE

14 LEGISLATIVE

15 SUPERVISOR FEES 17,600 11,000 11,000 15,000 7,200 8,000 15,200 15,000 -

16 FINANCIAL & ADMINISTRATIVE -

17 ADMINISTRATIVE SERVICES 10,221 10,000 10,000 2,097 2,714 1,100 3,814 - (2,097)

18 DISTRICT MANAGEMENT 42,350 40,175 34,574 43,802 23,994 21,900 45,894 46,000 2,198

19 DISTRICT ENGINEER 78,248 136,001 133,836 150,000 80,323 119,677 200,000 150,000 -

20 DISCLOSURE REPORT 2,350 2,200 2,000 7,000 1,035 2,500 3,535 5,000 (2,000)

21 TRUSTEES FEES 7,812 7,812 4,438 12,000 1,372 5,633 7,005 7,005 (4,995)

22 ASSESSMENT ROLL - 5,200 5,200 5,200 5,200 - 5,200 - (5,200)

23 FINANCIAL & REVENUE COLLECTIONS 10,000 5,200 - 4,946 2,118 2,500 4,618 5,000 54

24 ACCOUNTING SERVICES 19,492 22,350 24,900 26,815 10,983 14,000 24,983 28,000 1,185

25 AUDITING SERVICES 3,700 3,510 3,510 3,510 - 3,510 3,510 4,000 490

26 ARBITRAGE REBATE CALCULATION 500 500 - 1,500 - 1,500 1,500 1,500 -

27 MISCELLANEOUS MAILINGS - 1,854 - 1,500 1,140 2,500 3,640 2,000 500

28 PUBLIC OFFICIALS LIABILITY INSURANCE 4,969 3,525 3,525 3,701 1,807 1,812 3,619 3,794 93

29 LEGAL ADVERTISING 15,563 15,265 9,095 10,000 1,895 8,000 9,895 10,000 -

30 DUES, LICENSES & FEES 5,650 3,203 4,835 4,000 2,476 2,500 4,976 4,000 -

31 MISCELLANEOUS FEES - 688 1,639 3,000 4,064 5,000 9,064 10,000 7,000

32 PROPERTY TAXES 3,353 9,061 3,470 3,615 3,808 - 3,808 3,900 285

33 WEBSITE HOSTING, MAINTENANCE, BACKUP (EMAIL) 2,895 3,460 5,550 24,405 7,012 5,000 12,012 6,900 (17,505)

34 DISTRICT COUNSEL 390,885 194,488 282,423 250,000 216,907 108,093 325,000 300,000 50,000

35 TOTAL ADMINISTRATIVE 615,588 475,492 539,995 572,091 374,047 313,225 687,272 602,099 30,008

Page 1 of 19



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


36 -

37 FIELD OPERATIONS -

38 SECURITY SERVICES

39 SECURITY ASSETS AND FEES 43,100 16,760 - 50,000 - - - 50,000 -

40 SECURITY OPERATIONS (REMOTE SECURITY) 228,455 195,079 158,824 196,704 95,968 100,736 196,704 196,704 -

41 ELECTRIC UTILITY SERVICES -

42 STREET LIGHTS 150,893 157,976 154,416 154,740 78,436 88,364 166,800 166,800 12,060

43 UTILITY - RECREATION FACILITIES 85,617 74,218 67,377 75,000 38,773 36,227 75,000 75,000 -

44 UTILITY - GUARDHOUSE & GATE ELECTRIC 4,646 3,127 3,236 5,000 1,417 2,253 3,670 4,000 (1,000)

45 UTILITY - IRRIGATION 17,968 16,346 17,032 18,000 8,747 8,753 17,500 18,000 -

46 GAS UTILITY SERVICES

47 UTILITY SERVICES 4,371 3,187 3,818 4,000 1,442 2,350 3,792 4,000 -

48 GARBAGE/SOLID WASTE CONTROL SERVICES

49 GARBAGE - RECREATION FACILITY 2,298 2,615 2,813 2,500 1,807 1,893 3,700 3,620 1,120

50 WATER-SEWER COMBINATION SERVICES

51 UTILITY SERVICES - AMENITIES 31,311 30,862 25,342 31,000 14,405 16,595 31,000 31,000 -


53 STORMWATER CONTROL -

54 AQUATIC MAINTENANCE 34,398 34,000 31,300 35,100 16,750 17,550 34,300 35,100 -

55 FOUNTAIN SERVICE REPAIRS - 98 6,160 3,000 - 1,500 1,500 3,000 -

56 FOUNTAIN MAINTENANCE 2,400 2,977 5,535 1,036 777 1,554 2,331 1,100 64

57 MITIGATION AREA MONITORING & MAINTENANCE - - 3,431 4,000 100 1,600 1,700 4,000 -

58 OTHER PHYSICAL ENVIRONMENT

59 GENERAL LIABILITY & PROPERTY INSURANCE 89,587 82,827 91,119 89,877 46,131 43,746 89,877 90,833 956

60 INSURANCE - FLOOD 14,591 12,552 10,127 15,760 3,364 12,396 15,760 15,760 -

61 MISCELLANEOUS MAINTENANCE - - 14,300 10,000 1,218 5,000 6,218 10,000 -

62 LANDSCAPE MAINTENANCE - GENERAL 328,936 323,638 301,997 312,000 182,147 129,853 312,000 312,000 -

63 LIGHTING MAINTENANCE & REPAIR 39,851 1,339 8,793 7,500 - 2,500 2,500 7,500 -

64 LANDSCAPE MAINTENANCE - SEACREST 34,562 36,965 33,187 37,245 2,208 - 2,208 - (37,245)

65 LANDSCAPE MAINTENANCE - OPTIONAL AREAS 41,900 48,480 44,440 48,040 8,240 6,300 14,540 12,600 (35,440)

66 LANDSCAPE - FERTILIZATION 84,400 85,250 62,200 77,100 40,600 36,500 77,100 77,100 -

67 LANDSCAPE - PEST CONTROL 30,085 35,036 72,252 57,200 17,448 39,752 57,200 57,200 -

Page 2 of 19



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


68 IRRIGATION REPAIRS AND MAINTENANCE 37,098 36,538 35,745 60,600 45,866 29,134 75,000 51,600 (9,000)

69 LANDSCAPE - MULCH 36,390 36,895 - 31,350 33,250 - 33,250 80,000 48,650

70 LANDSCAPE - ANNUALS 9,600 9,600 8,524 32,000 24,000 8,000 32,000 32,000 -

71 LANDSCAPE REPLACEMENT PLANTS, SHRUBS, TREES 52,860 97,939 97,110 50,000 9,110 40,890 50,000 75,000 25,000

72 FIELD SERVICES 10,243 4,625 5,913 6,500 - - - - (6,500)

73 MINOR VOID REPAIRS 28,960 264 2,085 1,000 669 500 1,169 1,000 -

74 FREEZE PROTECTION - - - 6,300 - - - 6,300 -

75 ROAD & STREET FACILITIES -

76 STREET / PARKING LOT SWEEPING 4,875 5,400 5,400 4,750 2,250 3,150 5,400 7,200 2,450

77 MAINTENANCE - (ASPHALT & GATE) 21,641 14,841 3,747 13,000 11,388 2,112 13,500 13,000 -

78 TOTAL FIELD OPERATIONS 1,482,332 1,378,242 1,290,248 1,455,302 693,883 646,207 1,340,090 1,456,417 1,115

79 PARKS & RECREATION

80 ONSITE STAFFING/EMPLOYMENT(Vesta Task 1A & B in FY 21) 181,807 199,012 225,181 277,988 123,008 154,980 277,988 275,960 (2,028)

81 WTS MANAGEMENT FEE 39,750 36,000 33,000 12,677 9,677 - 9,677 - (12,677)

82 BUILDING REPAIRS & MAINTENANCE 28,578 24,185 33,838 35,000 6,093 15,000 21,093 30,000 (5,000)

83 MAINTENANCE SUPPLIES 14,962 11,962 15,108 15,000 3,382 10,000 13,382 15,000 -

84 SERVICE TRUCK REPAIRS & MAINTENANCE (GEM) 1,468 180 1,666 2,500 143 1,100 1,243 2,500 -

85 PEST CONTROL 5,462 11,561 8,722 10,000 6,161 6,240 12,401 12,600 2,600

86 CLUBHOUSE AUDIO EQUIPMENT - 98 - 500 - 100 100 500 -

87 COMPUTER SUPPORT, MAINTENANCE & REPAIR 5,701 4,073 9,352 10,000 - 4,200 4,200 10,000 -

88 PROJECT MANAGEMENT SYSTEM - - - 4,102 - - - - (4,102)

89 CLEANING SUPPLIES - 280 289 500 - 300 300 500 -

90 POOL OPERATION & MAINTENANCE 42,586 27,511 34,685 40,000 14,374 25,626 40,000 32,000 (8,000)

91 POOL HEATER MAINTENANCE - 847 585 3,200 822 - 822 3,200 -

92 FACILITY A/C & HEATING MAINTENANCE & REPAIR 6,149 12,261 14,740 3,500 1,658 1,842 3,500 5,000 1,500

93 SIGN MAINTENANCE & REPAIRS 465 1,605 5,068 5,000 2,919 2,000 4,919 5,000 -

94 PRINTING SUPPLIES - - - 500 359 141 500 500 -

95 OFFICE SUPPLIES 2,243 2,052 4,213 2,500 952 1,200 2,152 2,500 -

96 PLAYGROUND REPAIRS - - 1,588 2,500 2,659 1,500 4,159 4,000 1,500

97 TELEPHONE/INTERNET-GATE, BOAT LIFE & CLUB 33,130 28,893 28,171 30,000 16,086 13,650 29,736 30,000 -

98 BOAT LIFT SLING REPAIRS & MAINTENANCE 14,900 20,198 21,071 18,000 4,779 12,000 16,779 18,000 -

99 HOLIDAY DECORATIONS 11,250 9,000 11,832 12,000 4,347 - 4,347 12,000 -

100 TENNIS COURT MAINTENANCE & SUPPLIES 1,986 3,117 2,428 5,000 5,135 1,000 6,135 5,000 -

101 TENNIS COURT MAINTENANCE PERSONNEL - - - - 7,713 15,425 23,138 31,311 31,311

102 BASKETBALL COURT MAINTENANCE & SUPPLIES - 1,162 1,519 1,500 - 500 500 1,500 -

103 ELEVATOR MAINTENANCE 6,118 5,392 7,023 3,500 3,723 1,880 5,603 6,000 2,500

Page 3 of 19



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


104 DOG WASTE STATION SUPPLIES 4,180 5,681 7,996 5,000 3,656 3,660 7,316 7,320 2,320

105 ADMIRAL POINTE OPERATIONS -


107 POOL OPERATION & MAINTENANCE 6,985 6,738 4,843 7,000 2,100 4,900 7,000 8,000 1,000

108 ELECTRIC UTILITY - AMENITYFACILITIES 21,933 28,709 26,680 30,000 7,180 12,000 19,180 30,000 -

109 WATER UTILITY - AMENITY FACILITIES 982 1,102 1,074 1,020 457 550 1,007 1,020 -

110 SUPPLIES 774 49 - 1,500 - 500 500 1,000 (500)

111 CLUBHOUSE PEST CONTROL 300 314 480 300 315 330 645 660 360

112 BUILDING REPAIRS & MAINTENANCE 1,018 347 339 1,000 - 787 787 1,000 -

113 TOTAL PARKS & RECREATION 441,727 451,329 509,741 544,456 230,116 291,411 521,529 552,071 7,615

114 CONTINGENCY

115 WORKING CAPITAL 84,433 - - 600,000 - 600,000 600,000 - (600,000)

116 MISCELLANEOUS CONTINGENCY 156,923 246,782 137,620 590,658 171,626 389,145 560,771 200,000 (390,658)

117 CAPITAL PROJECTS - - - - - - - 400,000 400,000

118 SEAWEALL CONTINGENCY - 232,450 - - - - - - -

119 TOTAL CONTINGENCY 241,356 479,232 137,620 1,190,658 171,626 989,145 1,160,771 600,000 (590,658)

120

121 TOTAL EXPENDITURES 2,781,003 2,784,295 2,477,604 3,762,507 1,469,673 2,239,988 3,709,662 3,210,587 (551,920)

122 III. EXCESS OF REVENUE OVER (UNDER) EXPENDITURES 355,440 767,553 1,581,842 324,844 1,157,500 (2,084,922) 366,843 776,797 451,953

123 OTHER FINANCING SOURCES (USES) -

124 INTERFUND TRANSFER OUT (TO RESERVES IN FY 21) - (31,409) (1,848,936) - - - - (450,000) (450,000)

125 INTERFUND TRANSFER TO MIRABAY CLUB (reclass from prior years) (546,439) (588,383) (531,782) (324,843) (162,421) (162,422) (324,843) (276,797) 48,046

126 INTERFUND TRANSFER TO SEAWALL FUND FOR CONTINGENCY (42,000) (50,000)

127 TOTAL OTHER FINANCING SOURCES (USES) (546,439) (619,792) (2,380,718) (324,843) (162,421) (162,422) (366,843) (776,797) (401,954)

128 EXCESS OF REV./OTHER SOURCES OVER(UNDER) EXPEND./OTHER USES (190,999) 147,761 (798,876) 1 995,079 - (0) (0) (0)

129 FUND BALANCE - BEGINNING 2,185,274 2,037,033 2,231,876 1,433,000 138,736 - 138,736 138,736 -

130 AUDIT ADJUSTMENT 42,758 47,082 - - - - - - -

131 FUND BALANCE FORWARD - - - (1,294,265) - - - - -

132 FUND BALANCE - ENDING 2,037,033 2,231,876 1,433,000 138,736 1,133,815 - 138,736 138,736 -

Page 4 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 OPERATING REVENUE

2 AMENITY CENTER OPERATING REVENUE

3 PERSONAL TRAINING 28,700 33,849 34,070 34,835 14,156 12,683 26,839 35,863 1,028$

4 GROUP EXERCISE 17,713 15,100 17,392 20,075 4,456 9,490 13,946 18,307 (1,768)

5 MASSAGE 4,775 2,658 60 - - 2,081 2,081 - -

6 TENNIS LESSONS 29,491 53,075 49,609 52,477 20,160 16,555 36,715 52,220 (257)

7 SWIM LESSONS 1,723 2,050 1,550 3,863 120 1,359 1,479 1,632 (2,231)

8 FACILITY RENTAL 7,060 10,876 14,382 9,859 8,483 494 8,977 15,139 5,280

9 MERCHANDISE SALES 210 355 245 449 92 133 225 258 (191)

10 PROGRAMS 185,411 185,198 147,462 171,593 59,700 84,209 143,909 171,593 -

11 FOOD SALES 86,922 81,338 83,573 86,546 30,591 39,363 69,954 92,859 6,313

12 BEVERAGE SALES (ALCOHOLIC) 68,293 60,274 9,129 - - 38,249 38,249 - -

13 BEVERAGE SALES (NON-ALCOHOLIC) 10,531 5,754 9,539 9,230 2,794 4,380 7,173 10,599 1,369

14 BEER - - 32,519 30,928 11,732 15,367 27,099 36,132 5,204

15 LIQUOR - - 20,887 23,143 8,073 9,332 17,406 23,208 65

16 WINE - - 15,440 16,207 8,119 4,747 12,867 17,156 949

17 TOTAL AMENITY CENTER OPERATING REVENUE 440,829 450,527 435,857 459,205 168,474 238,444 406,918 474,965 15,760

18

19 COST OF GOODS SOLD

20 COS-MERCHANDISE RETAIL 351 1,516 1,151 269 44 97 142 162 (107)

21 COS-FOOD 83,752 76,605 54,616 54,524 19,991 24,079 44,071 58,501 3,977

22 COS-BEVERAGE (ALCOHOLIC) 37,547 32,449 - - - - - - -

23 COS-BEVERAGE (NON-ALCOHOLIC) 8,989 8,058 5,227 3,507 1,531 2,988 4,519 6,677 3,170

24 COS-BEER - - 15,099 11,752 5,447 7,135 12,583 16,777 5,025

25 COS-LIQUOR - - 7,325 8,794 2,831 3,273 6,104 8,139 (655)

26 COS-WINE - - 13,656 6,159 7,181 4,199 11,380 15,173 9,014

27 TOTAL COST OF GOODS SOLD 130,639 118,628 97,074 85,005 37,026 41,772 78,798 105,430 20,425

28

29 GROSS PROFT 310,190 331,899 338,783 374,200 131,448 196,671 328,120 369,536 (4,664)

30


FY 2021 PROPOSED BUDGET - MIRA BAY FUND

Page 5 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance



31 OPERATING EXPENSES

32 PAYROLL & RELATED EXPENSES (NON COMMISSION)

33 PAYROLL MANAGEMENT FROM WTS (COMPILED) 524,776 538,103 579,307 470,158 172,033 - - - (470,158)

34 AMENITIES MANAGEMENT (TASK 1B) - - - - 32,727 66,988 99,715 135,985 135,985

35 EVENT PLANNING SERVICES (TASK 2) - - - - 6,750 14,520 21,270 29,475 29,475

36 SWIM AMENITIES (TASK 3) - - - - 22,695 48,823 71,518 54,715 54,715

37 POOL ATTENDANTS PROVIDING BEVERAGE SERVICE (TASK 8 - after addendum approved) - - - - - - - 5,824 5,824

38 CHILDRENS PROGRAMS (TASK 3 - after addendum approved) - - - - - - - 50,928 50,928

39 ADULT PROGRAMS (TASK 3 - after addendum approved) - - - - - - - 2,880 2,880

40 FOOD & BEVERAGE OPERATIONS (TASK 4) - - - - 19,984 42,988 62,972 87,265 87,265

41 JANITORIAL SERVICES (TASK 5) - - - - 6,253 13,450 19,703 27,305 27,305

42 TOTAL PAYROLL & RELATED EXPENSES (NON COMMISSION) 524,776 538,103 579,307 470,158 260,442 186,768 275,177 394,377 (75,781)

43

44 PAYROLL & RELATED EXPENSES (COMMISSION)

45 PERSONAL TRAINING COMMISSIONS 22,046 22,585 26,745 17,418 6,028 12,759 18,787 25,104 7,686

46 AEROBICS COMMISSIONS 25,320 20,992 - - - - - - -

47 GROUP FITNESS COMMISSIONS 47,669 37,504 19,698 14,352 4,510 5,252 9,762 12,815 (1,537)

48 MASSAGE THERAPIST COMMISSIONS 2,832 1,467 - - - - - - -

49 TENNIS COMMISSIONS 28,042 18,182 34,002 36,734 9,812 15,888 25,701 36,554 (180)

50 AQUATICS COMMISSIONS 3,167 863 576 2,189 32 1,003 1,035 1,142 (1,047)

51 NAIL COMMISSIONS 10,382 1,603 - - - - - - -

52 TOTAL PAYROLL & RELATED EXPENSES (COMMISSION) 139,458 103,196 81,021 70,693 20,382 34,903 55,285 75,615 4,922

52 PROGRAM & AMENITY CAFÉ CENTER OPERATING EXPENSES

53 CREDIT CARD PROCESSING FEES 25,851 26,033 24,092 16,072 10,165 6,719 16,884 16,000 (72)

54 CLEANING SUPPLIES 2,506 10,058 8,422 7,500 5,999 1,740 7,739 12,000 4,500

55 DAILY OPERATIONS SOFTWARE 7,933 8,822 6,982 10,592 2,787 330 3,117 3,000 (7,592)

56 GENERAL LIABILITY INSURANCE 13,573 12,529 11,485 10,812 3,347 7,465 10,812 10,812 -

57 CONTINUING EDUCATION 20 300 - 400 - - - - (400)

58 LAUNDRY, TOWELS, LINEN 897 815 1,589 1,600 526 800 1,326 1,600 -

59 MARKETING & PROMOTIONS 880 789 1,138 850 331 450 781 500 (350)

60 POSTAGE & SHIPPING - - 36 150 1,090 100 1,190 150 -

61 PRINTING SUPPLIES 5,161 1,923 5,243 4,600 765 750 1,515 4,600 -

62 TRAVEL 386 - 187 700 - - - 700 -

63 UNIFORMS 2,596 773 966 1,000 - - - 1,000 -

64 EMPLOYEE RECOGNITION 439 448 366 300 - - - 300 -

65 MISCELLANEOUS 4,033 757 1,635 1,000 268 500 768 1,000 -

Page 6 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance



66 COMPUTER REPAIRS & MAINTENANCE 1,889 1,563 1,765 1,200 - 500 500 1,200 -

67 CELLULAR PHONES & OTHER REIMBURSEMENTS 2,018 831 935 900 208 500 708 1,000 100

68 MEMBER & GUEST SUPPLIES 6,064 4,001 7,610 5,000 4,828 4,000 8,828 9,000 4,000

69 OPERATING SUPPLIES 37,298 34,942 34,576 28,000 13,638 10,000 23,638 33,103 5,103

70 AMENITIES OFFICE EXPENSES 1,856 4,006 1,144 1,295 2,484 1,000 3,484 2,500 1,205

71 PROGRAM SUPPLIES 73,442 72,531 60,549 62,960 33,436 20,000 53,436 63,000 40

72 FURNITURE, FIXTURES, & EQUIPMENT 977 413 874 1,000 13,831 - 13,831 7,000 6,000

73 EQUIPMENT MAINTENANCE/REPAIR 210 210 689 500 4,656 2,500 7,156 7,000 6,500

74 FITNESS REPAIRS & MAINTENANCE 4,106 4,071 3,265 3,875 1,626 - 1,626 3,875 -

75 TOTAL PROGRAM & AMENITY CAFÉ CENTER OPERATING EXPENSES 192,135 185,815 173,548 160,306 99,985 57,354 157,339 179,340 19,034

75 CONTINGENCY

76 CAPITAL PROJECTS 200 552 - - - - - - -

77 TOTAL OPERATING EXPENSE 856,569 827,666 833,876 701,157 380,809 279,024 487,800 649,332 (51,825)

78 NON-OPERATING REVENUES & TRANSFERS IN -

79 PROXIMITY CARD REPLACEMENT 30 3,893 2,305 2,114 580 500 1,080 3,000 886

80 INTEREST REVENUE - - - - 28 25 53 - -

81 TRANSFER IN FROM THE GENERAL FUND - FACILITY FUNDING (reclassed from prior years) 546,349 588,383 531,782 324,843 164,421 160,422 324,843 276,797 (48,046)

82 TOTAL NON-OPERATING REVENUES & TRANSFERS IN 546,379 592,276 534,087 326,957 165,029 160,947 325,976 279,797 (47,160)

83

84 CHANGE IN NET POSITION - 96,509 38,994 - (84,332) 78,594 166,296 0 0

85 NET POSITION - BEGINNING 96,509 - 135,503 -

86 NET POSITION - ENDING - 96,509 135,503 - 51,171 78,594 166,296 0 0

Page 7 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 ADOPTED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 I. REVENUE

2 INTEREST--INVESTMENT 4,103$ 9,882$ 19,795$ -$ 4,781$ 1,000$ 5,781$ -$ -$

3 SPECIAL ASSESSMENTS -

4 TAX ROLL 300,000 315,200 418,000 425,900 425,900 - 425,900 - (425,900)

5 CONTRIBUTION - - - - - - -

6 TOTAL REVENUE 304,103 325,082 437,795 425,900 430,681 1,000 431,681 - (425,900)

7

8 II. EXPENDITURES

9 CONTINGENCY -

10 CAPITAL RESERVES PROJECTS 290,784 453,210 457,557 425,900 47,256 50,516 97,772 13,038 (412,862)

11 MISCELLANEOUS PROJECTS - - - 30 20,000 20,030 - -

12 TOTAL EXPENDITURES 290,784 453,210 457,557 425,900 47,286 70,516 117,802 13,038 (412,862)

13 -

14 III. EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 13,319 (128,128) (19,762) - 383,395 (69,516) 313,879 (13,038) (13,038)

15

16 OTHER FINANCING SOURCES & USES (TRANSFER IN FROM GENERAL FUND) - - - - - - 450,000 450,000

17 NET ASSETS - BEGINNING 942,585 1,041,983 913,856 - 894,094 894,094 1,277,489 1,277,489

18 NET ASSETS- ENDING 955,903 913,855 894,094 - 1,277,489 1,207,973 1,727,489 1,727,489

STATEMENT 3HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT

FY 2021 PROPOSED BUDGET - RESERVE FUND

Page 8 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 ADOPTED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 REVENUE

2 INTEREST--INVESTMENT - 5,777 17,707 - 3,846 - 3,846 -$ -$

3 SPECIAL ASSESSMENTS - 400,001 270,534 - - - - - -

4 SEAWALL ASSESSMENT - 1,595,611 - - - - - -

5 MISCELLANEOUS REVENUE - 232,456 - 397 - 397 - -

6 TOTAL REVENUE - 2,233,844 288,241 - 4,243 - 4,243 - -

7

8 BALANCE FORWARD FROM PRIOR YEAR - - - 680,000 - - 911,585 - (680,000)

9 TOTAL OPERATING REVENUES AND BALANCE FORWARD - 2,233,844 288,241 680,000 4,243 - 915,828 - (680,000)

10

11 EXPENDITURES

12 LEGAL COUNSEL

13 DISTRICT COUNSEL - - 200,527 - - - - - -

14 SPECIAL LEGAL SERVICES - - 39,867 30,000 23,141 22,114 45,255 - (30,000)

15 SEAWALL INSPECTIONS -

16 DISTRICT ENGINEER - - 167,545 20,000 124,517 55,054 179,571 - (20,000)

17 SPECIAL ENGINEER SERVICES - - 29,517 30,000 29,389 25,000 54,389 - (30,000)

18 CONTINGENCY -

19 UPLAND CLAIMS - - 351,597 500,000 150,762 559,021 677,783 - (500,000)

20 MISCELLANEOUS CONTINGENCY - 1,130,982 948,080 100,000 707 707 50,000 (50,000)

21 TOTAL EXPENDITURES - 1,130,982 1,737,133 680,000 328,516 661,189 957,705 50,000 (630,000)

22 -

23 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES - 1,102,862 (1,448,892) - (324,273) (661,189) (41,877) (50,000) (50,000)


25 INTERFUND TRANSFER - 36,645 708,770 - - 42,000 42,000 50,000 50,000

26 TOTAL OTHER FINANCING SOURCES (USES) - 36,645 708,770 - - 42,000 42,000

27 EXCESS REV./OTHER SOURCES OVER (UNDER) EXPENDITURES/ OTHER USES - 1,139,507 (740,121) - (324,273) (619,189) 123 -

28

29 NET ASSETS - BEGINNING - 827,499 1,651,706 911,585 - 911,585 - (911,585)

30 USE OF FUND BALANCE FORWARD 680,000 (911,585)

31 NET ASSETS- ENDING - 1,967,005 911,585 231,585 (324,273) 123 - (231,585)


FY 2021 PROPOSED BUDGET - SEAWALL FUND

Page 9 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 ADOPTED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 REVENUE

2 INTEREST EARNINGS - - 1,148 - 442$ 500$ 942$ -$ -$

3 OTHER MISCELLANEOUS REVENUES -

4 BOAT REGISTRATION ($550 for initial registration) 8,510 36,850 25,800 13,750 2,000 7,000 9,000 9,000 (4,750)

5 BOAT RENEWALS ( $50 annually to renew - 280 boats ) - 18,470 11,950 12,850 550 350 900 14,000 1,150

6 RESIDENT FINES - - 1,100 800 - - - 250 (550)

7 TOTAL REVENUE 8,510 55,320 39,998 27,400 2,992 7,850 10,842 23,250 (4,150) 89 BALANCE FORWARD FROM PRIOR YEAR 151,025 - - 40,850 - - - 2,650 (38,200)

10 TOTAL OPERATING REVENUES AND BALANCE FORWARD 159,535 55,320 39,998 68,250 2,992 7,850 10,842 25,900 (42,350)

11

12 EXPENDITURES

13 FINANCIAL & ADMINISTRATIVE

14 OFFICE EXPENSES (CHECK COSTS) 512 1,341 279 1,000 74 - 74 500 (500)

15 LEGAL COUNSEL -

16 LEGAL SERVICES - - - 2,500 - 1,000 1,000 1,000 (1,500)

17 CONTINGENCY

18 CAPITAL PROJECTS - - - - - - - -

19 TOTAL ADMINISTRATIVE EXPENDITURE 512 1,341 279 3,500 74 1,000 1,074 1,500 (2,000) 2021 EXPENDITURES - FIELD OPERATIONS

22 LAW ENFORCEMENT

23 HARBOR PATROL 2,600 9,844 16,060 18,144 6,600 4,560 11,160 18,200 56

24 OTHER -

25 BOATING SAFETY COURSES - - 303 - - - (303)

26 CANAL INSPECTIONS - 640 - 1,303 - 750 750 1,200 (103)

27 VESSEL PURCHASE - - - 40,000 - - - - (40,000)

28 NAVIGATIONAL POST SIGN & REPAIR (TBD) - - - 5,000 37 - 37 5,000 -

29 TOTAL FIELD OPERATIONS 2,600 10,484 16,060 64,750 6,637 5,310 11,947 24,400 (40,350) 3031 TOTAL EXPENDITURES 3,112 11,825 16,339 68,250 6,711 6,310 13,021 25,900 (42,350) 32 - 33 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 156,423 43,495 23,659 - (3,719) 1,540 (2,179) - - 3435 NET ASSETS - BEGINNING - 156,423 199,918 223,576 182,726 182,726 (40,850)

36 DECREASE IN FUND BALANCE FORWARD (40,850) (2,650)

37 NET ASSETS- ENDING 156,423 199,918 223,576 182,726 179,007 180,076 (40,850)


FY 2021 PROPOSED BUDGET - EVERGREEN FUND

Page 10 of 19

BUDGET 1 REVENUE2 SPECIAL ASSESSMENTS (Gross) 1,019,349$ 3 SPECIAL ASSESSMENTS - OFF ROLL (Net) 227,509 4 MISCELLANEOUS - 5 FUND BALANCE FORWARD - 6 LESS: DISCOUNT ASSESSMENTS (40,774) 7 TOTAL REVENUE 1,206,084 8 EXPENDITURES9 COUNTY - ASSESSMENT COLLECTION FEES 20,387

10 INTEREST EXPENSE11 341,817 12 336,004 13 PRINCIPAL RETIREMENT14 PRINCIPAL PAYMENT 15 375,000 16 TOTAL EXPENDITURES 1,073,208 1718 INCREASE IN FUND BALANCE REVENUE ACCOUNT19 EXCESS OF REVENUE OVER (UNDER) EXPENDITURES 132,876 2021 FUND BALANCE - BEGINNING (REVENUE TRUST ACCOUNT)22 INCREASE IN FUND BALANCE (REVENUE TRUST ACCOUNT)23 FUND BALANCE - ENDING (REVENUE TRUST ACCOUNT $132,876

STATEMENT 6HARBOR BAY

$18,200,000 CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2019A-1

May 1, 2021

May 1, 2021November 1, 2021

Page 11 of 19



Period Ending Principal Coupon InterestDebt Service

/(a)Annual Debt

Service /(a)Bonds

Outstanding8/30/2019 18,200,000 5/1/2020 365,000 3.10% 465,230 830,230 17,835,000

11/1/2020 - 3.10% 341,817 341,817 1,172,046 17,835,000 5/1/2021 375,000 3.10% 341,817 716,817 17,460,000

11/1/2021 - 3.10% 336,004 336,004 1,052,821 17,460,000 5/1/2022 390,000 3.10% 336,004 726,004 17,070,000

11/1/2022 - 3.10% 329,959 329,959 1,055,964 17,070,000 5/1/2023 400,000 3.10% 329,959 729,959 16,670,000

11/1/2023 - 3.10% 323,759 323,759 1,053,719 16,670,000 5/1/2024 415,000 3.10% 323,759 738,759 16,255,000

11/1/2024 - 3.10% 317,327 317,327 1,056,086 16,255,000 5/1/2025 425,000 3.30% 317,327 742,327 15,830,000

11/1/2025 - 3.30% 310,314 310,314 1,052,641 15,830,000 5/1/2026 440,000 3.30% 310,314 750,314 15,390,000

11/1/2026 - 3.30% 303,054 303,054 1,053,369 15,390,000 5/1/2027 455,000 3.30% 303,054 758,054 14,935,000

11/1/2027 3.30% 295,547 295,547 1,053,601 14,935,000 5/1/2028 470,000 3.30% 295,547 765,547 14,465,000

11/1/2028 3.30% 287,792 287,792 1,053,339 14,465,000 5/1/2029 485,000 3.30% 287,792 772,792 13,980,000

11/1/2029 3.30% 279,789 279,789 1,052,581 13,980,000 5/1/2030 505,000 3.88% 279,789 784,789 13,475,000

11/1/2030 3.88% 270,005 270,005 1,054,794 13,475,000 5/1/2031 525,000 3.88% 270,005 795,005 12,950,000

11/1/2031 3.88% 259,833 259,833 1,054,838 12,950,000 5/1/2032 545,000 3.88% 259,833 804,833 12,405,000

11/1/2032 3.88% 249,274 249,274 1,054,107 12,405,000 5/1/2033 565,000 3.88% 249,274 814,274 11,840,000

11/1/2033 - 3.88% 238,327 238,327 1,052,601 11,840,000 5/1/2034 590,000 3.88% 238,327 828,327 11,250,000

11/1/2034 3.88% 226,896 226,896 1,055,223 11,250,000 5/1/2035 615,000 3.88% 226,896 841,896 10,635,000

11/1/2035 3.88% 214,980 214,980 1,056,876 10,635,000 5/1/2036 635,000 3.88% 214,980 849,980 10,000,000

11/1/2036 3.88% 202,677 202,677 1,052,657 10,000,000 5/1/2037 660,000 3.88% 202,677 862,677 9,340,000

11/1/2037 3.88% 189,889 189,889 1,052,566 9,340,000 5/1/2038 690,000 3.88% 189,889 879,889 8,650,000

11/1/2038 3.88% 176,521 176,521 1,056,410 8,650,000 5/1/2039 715,000 3.88% 176,521 891,521 7,935,000

Page 12 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding11/1/2039 3.88% 162,668 162,668 1,054,188 7,935,000

5/1/2040 745,000 4.10% 162,668 907,668 7,190,000 11/1/2040 4.10% 147,395 147,395 1,055,063 7,190,000

5/1/2041 775,000 4.10% 147,395 922,395 6,415,000 11/1/2041 4.10% 131,508 131,508 1,053,903 6,415,000

5/1/2042 810,000 4.10% 131,508 941,508 5,605,000 11/1/2042 4.10% 114,903 114,903 1,056,410 5,605,000

5/1/2043 840,000 4.10% 114,903 954,903 4,765,000 11/1/2043 4.10% 97,683 97,683 1,052,585 4,765,000

5/1/2044 875,000 4.10% 97,683 972,683 3,890,000 11/1/2044 4.10% 79,745 79,745 1,052,428 3,890,000

5/1/2045 915,000 4.10% 79,745 994,745 2,975,000 11/1/2045 4.10% 60,988 60,988 1,055,733 2,975,000

5/1/2046 950,000 4.10% 60,988 1,010,988 2,025,000 11/1/2046 4.10% 41,513 41,513 1,052,500 2,025,000

5/1/2047 990,000 4.10% 41,513 1,031,513 1,035,000 11/1/2047 4.10% 21,218 21,218 1,052,730 1,035,000

5/1/2048 1,035,000 4.10% 21,218 1,056,218 - 11/1/2048 - 4.10% - - 1,056,218 -

Total 18,200,000$ 12,487,995$ 30,687,995$ 30,687,995$

Footnote: Max annual ds: 1,172,046 (a) Data herein for the CDD's budgetary process purposes only.

Page 13 of 19

BUDGET 1 REVENUE2 SPECIAL ASSESSMENTS (Gross) 223,241$ 3 SPECIAL ASSESSMENTS - OFF ROLL (Net) - 4 MISCELLANEOUS - 5 FUND BALANCE FORWARD - 6 LESS: DISCOUNT ASSESSMENTS (8,930) 7 TOTAL REVENUE 214,312 8 EXPENDITURES9 COUNTY - ASSESSMENT COLLECTION FEES 4,465

10 INTEREST EXPENSE11 35,168 12 33,153 13 PRINCIPAL RETIREMENT14 PRINCIPAL PAYMENT 15 130,000 16 TOTAL EXPENDITURES 202,785 1718 INCREASE IN FUND BALANCE REVENUE ACCOUNT19 EXCESS OF REVENUE OVER (UNDER) EXPENDITURES 11,527 2021 FUND BALANCE - BEGINNING (REVENUE TRUST ACCOUNT)22 INCREASE IN FUND BALANCE (REVENUE TRUST ACCOUNT)23 FUND BALANCE - ENDING (REVENUE TRUST ACCOUNT $11,527


$2,200,000 CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 2019A-2 AREA ONE

May 1, 2021


Page 14 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding8/30/2019 2,200,000

5/1/2020 125,000 3.10% 49,679 174,679 2,075,000 11/1/2020 3.10% 35,168 35,168 209,847 2,075,000 5/1/2021 130,000 3.10% 35,168 165,168 1,945,000

11/1/2021 3.10% 33,153 33,153 198,320 1,945,000 5/1/2022 135,000 3.10% 33,153 168,153 1,810,000

11/1/2022 3.10% 31,060 31,060 199,213 1,810,000 5/1/2023 140,000 3.10% 31,060 171,060 1,670,000

11/1/2023 3.10% 28,890 28,890 199,950 1,670,000 5/1/2024 145,000 3.10% 28,890 173,890 1,525,000

11/1/2024 3.10% 26,643 26,643 200,533 1,525,000 5/1/2025 145,000 3.30% 26,643 171,643 1,380,000

11/1/2025 3.30% 24,250 24,250 195,893 1,380,000 5/1/2026 150,000 3.30% 24,250 174,250 1,230,000

11/1/2026 3.30% 21,775 21,775 196,025 1,230,000 5/1/2027 155,000 3.30% 21,775 176,775 1,075,000

11/1/2027 3.30% 19,218 19,218 195,993 1,075,000 5/1/2028 165,000 3.30% 19,218 184,218 910,000

11/1/2028 3.30% 16,495 16,495 200,713 910,000 5/1/2029 170,000 3.30% 16,495 186,495 740,000

11/1/2029 3.30% 13,690 13,690 200,185 740,000 5/1/2030 175,000 3.70% 13,690 188,690 565,000

11/1/2030 3.70% 10,453 10,453 199,143 565,000 5/1/2031 180,000 3.70% 10,453 190,453 385,000

11/1/2031 3.70% 7,123 7,123 197,575 385,000 5/1/2032 190,000 3.70% 7,123 197,123 195,000

11/1/2032 3.70% 3,608 3,608 200,730 195,000 5/1/2033 195,000 3.70% 3,608 198,608 -

11/1/2033 - 3.70% - - 198,608 - Total 2,200,000$ 592,724$ 2,792,724$ 2,792,724$

Footnote: Max annual ds: 209,847 (a) Data herein for the CDD's budgetary process purposes only.

Page 15 of 19

BUDGET 1 REVENUE2 SPECIAL ASSESSMENTS (Gross) 564,772$ 3 SPECIAL ASSESSMENTS - OFF ROLL (Net) 195,463 4 MISCELLANEOUS - 5 FUND BALANCE FORWARD - 6 LESS: DISCOUNT ASSESSMENTS (22,591) 7 TOTAL REVENUE 737,644 8 EXPENDITURES9 COUNTY - ASSESSMENT COLLECTION FEES 11,295




May 1, 2021


Page 16 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding8/30/2019 7,775,000

5/1/2020 410,000 3.10% 178,017 588,017 7,365,000 11/1/2020 3.10% 126,604 126,604 714,621 7,365,000 5/1/2021 420,000 3.10% 126,604 546,604 6,945,000

11/1/2021 3.10% 120,094 120,094 666,698 6,945,000 5/1/2022 435,000 3.10% 120,094 555,094 6,510,000

11/1/2022 3.10% 113,351 113,351 668,445 6,510,000 5/1/2023 450,000 3.10% 113,351 563,351 6,060,000

11/1/2023 3.10% 106,376 106,376 669,728 6,060,000 5/1/2024 465,000 3.10% 106,376 571,376 5,595,000

11/1/2024 3.10% 99,169 99,169 670,545 5,595,000 5/1/2025 475,000 3.30% 99,169 574,169 5,120,000

11/1/2025 3.30% 91,331 91,331 665,500 5,120,000 5/1/2026 495,000 3.30% 91,331 586,331 4,625,000

11/1/2026 3.30% 83,164 83,164 669,495 4,625,000 5/1/2027 510,000 3.30% 83,164 593,164 4,115,000

11/1/2027 3.30% 74,749 74,749 667,913 4,115,000 5/1/2028 525,000 3.30% 74,749 599,749 3,590,000

11/1/2028 3.30% 66,086 66,086 665,835 3,590,000 5/1/2029 545,000 3.30% 66,086 611,086 3,045,000

11/1/2029 3.30% 57,094 57,094 668,180 3,045,000 5/1/2030 565,000 3.75% 57,094 622,094 2,480,000

11/1/2030 3.75% 46,500 46,500 668,594 2,480,000 5/1/2031 585,000 3.75% 46,500 631,500 1,895,000

11/1/2031 3.75% 35,531 35,531 667,031 1,895,000 5/1/2032 610,000 3.75% 35,531 645,531 1,285,000

11/1/2032 3.75% 24,094 24,094 669,625 1,285,000 5/1/2033 630,000 3.75% 24,094 654,094 655,000

11/1/2033 3.75% 12,281 12,281 666,375 655,000 5/1/2034 655,000 3.75% 12,281 667,281 -

11/1/2034 - 3.75% - - 667,281 - Total 7,775,000$ 2,290,864$ 10,065,864$ 10,065,864$


Page 17 of 19

FY 20 CAPITAL PROJECTS CAPITAL PROJECTS FY 21ADOPTED FY YTD - MAR 9/30/2020 PROPOSED

1 REVENUE2 INTEREST REVENUE - 121,633$ 171,633 125,000 3 FUND BALANCE FORWARD - 4,338,459 8,911,318 4 TOTAL REVENUE - 121,633 4,510,092 9,036,318 567 EXPENDITURES8 VERIFICATION AGENT 1,750 - - 9 REQUISITION EXPENDITURE 768,092 4,518,159 9,036,318

10 TOTAL EXPENDITURES - 769,842 4,518,159 9,036,318 1112 EXCESS OF REVENUE OVER (UNDER) EXPENDITURES (648,209) (8,067) - 1314 OTHER FINANCING SOURCES (USES)15 BOND PROCEEDS - 16 TRANSFER-IN 8,067 8,067 - 17 TRANSFER-OUT - - - 18 TOTAL OTHER FINANCING SOURCES (USES) - 8,067 8,067 - 1920 NET CHANGE IN FUND BALANCE (640,142) - - 2122 FUND BALANCE - BEGINNING 18,072,636 18,072,636 13,734,177 23 LESS FUND BALANCE FORWARD (4,338,459) (8,911,318) 24 FUND BALANCE - ENDING - 17,432,494 13,734,177 4,822,859

FY 2021 PROPOSED BUDGET - CAPITAL PROJECTS

STATEMENT 12

CAPITAL PROJECTS FUND

Page 18 of 19

HARBOR BAYCOMMUNITY DEVELOPMENT DISTRICTFISCAL YEAR 2020-2021 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

AMINISTRATIVE FIELD OP, PARK&REC, CONTINGENCY & TRANSFERS STREET LIGHT TotalBUDGET $602,099.00 BUDGET $3,218,485.25 BUDGET $166,800.00 Budget $3,987,384.25COLLECTION COSTS 2.0% $12,810.62 COLLECTION COSTS 2.0% $68,478.41 COLLECTION COSTS 2.0% $3,548.94 Collection costs $84,837.96EARLY PAYMENT DISCOUNT 4.0% $25,621.23 EARLY PAYMENT DISCOUNT 4.0% $136,956.82 EARLY PAYMENT DISCOUNT 4.0% $7,097.87 Early pmt. disc. $169,675.93TOTAL ADMIN ASSESSMENT $640,530.85 TOTAL FIELD ASSESSMENT $3,423,920.48 TOTAL STREETLIGHT ASSESSMENT $177,446.81 $4,241,898.14

Lot Type O&M 2019A-1 Debt Service

2019A-2 (AA1) Debt

Service

2019A-2 (AA2) Debt

ServiceEAU Factor Admin Units Total EAU's

% of Total

EAU's

Total Admin Assessment

AdminAssessment Per

LotField Units Total EAU's

% of Total

EAU's

Total Field Assessment

Field Assessment Per

Lot

Street LightUnits Total EAU's

% of Total

EAU's

Total Streetlight Assessment

StreetlightAssessment Per

Lot

Total O&M Assessment

2019 A-1 Debt Service

2019A-2 (AA1) Debt Service(2)(4)

2019A2 (AA2) Debt

Service(2)(4)Total(3)

TH 251 251 251 0.25 251 62.75 6.30% $40,340.55 $160.72 251 62.75 6.63% $227,127.24 $904.89 251 62.75 6.30% $11,175.58 $44.52 $1,110.13 $279.57 $240.22 $1,629.92

Villa(5) 338 338 298 0.40 338 135.20 13.57% $86,917.02 $257.15 338 135.20 14.29% $489,364.18 $1,447.82 338 135.20 13.57% $24,078.70 $71.24 $1,776.21 $447.32 $384.30 $2,607.83

50(5) 123 123 123 0.50 123 61.50 6.17% $39,536.96 $321.44 123 61.50 6.50% $222,602.79 $1,809.78 123 61.50 6.17% $10,952.96 $89.05 $2,220.27 $559.15 $480.38 $3,259.80

60' AA1 113 113 113 0.60 113 67.80 6.80% $43,587.08 $385.73 113 67.80 7.17% $245,406.00 $2,171.73 113 67.80 6.80% $12,074.97 $106.86 $2,664.32 $670.97 $495.23 $3,830.52

60' AA2 120 120 120 0.60 120 72.00 7.23% $46,287.17 $385.73 120 72.00 7.61% $260,608.14 $2,171.73 120 72.00 7.23% $12,822.97 $106.86 $2,664.32 $670.97 $576.46 $3,911.75

70' AA1 143 143 143 0.70 143 100.10 10.05% $64,352.02 $450.01 143 100.10 10.58% $362,317.71 $2,533.69 143 100.10 10.05% $17,827.50 $124.67 $3,108.37 $782.80 $557.77 $4,448.94

80' AA1 78 77 77 0.80 78 62.40 6.26% $40,115.55 $514.30 78 62.40 6.60% $225,860.39 $2,895.65 78 62.40 6.26% $11,113.24 $142.48 $3,552.43 $894.63 $660.30 $5,107.36

80' AA2 249 249 247 0.80 249 199.20 19.99% $128,061.17 $514.30 249 199.20 21.06% $721,015.87 $2,895.65 249 199.20 19.99% $35,476.89 $142.48 $3,552.43 $894.63 $768.61 $5,215.67

100' AA1 29 29 29 1.00 29 29.00 2.91% $18,643.44 $642.88 29 29.00 3.07% $104,967.17 $3,619.56 29 29.00 2.91% $5,164.81 $178.10 $4,440.53 $1,118.29 $825.38 $6,384.20

100' AA2(5) 156 156 156 1.00 156 156.00 15.66% $100,288.87 $642.88 156 156.00 16.49% $564,650.98 $3,619.56 156 156.00 15.66% $27,783.11 $178.10 $4,440.53 $1,118.29 $960.76 $6,519.58

COMM 22.4 22.4 2.25 22.4 50.40 5.06% $32,401.02 $1,446.47 0 0.00 0.00% $0.00 $0.00 22.4 50.40 5.06% $8,976.08 $400.72 $1,847.19 $2,516.16 $2,161.71 $6,525.06

Total 1622.4 1621.4 362 1195 1622.4 996.35 100.00% $640,530.85 1600 945.95 100.00% $3,423,920.48 1622.4 996.35 100.00% $177,446.81 $4,241,898 $1,113,313 $210,501 $642,804 $6,208,516

Lot TypeFY2020

Assessment Per Lot

FY2021 Assessment Per

Lot

Total Change Per

Lot

Monthly Change Per

Lot% Change Total Budget (from STMT 1) Total OM Collections (as if all on Roll)

TH $1,397.09 $1,629.92 $232.83 $19.40 16.7% TOTAL ADMINISTRATIVE 602,099 AMINISTRATIVE $602,099

Villa(5) $2,235.30 $2,607.83 $372.53 $31.04 16.7% TOTAL FIELD OPERATIONS 1,289,617 << less Street Lights FIELD OP, PARK&REC, CONTINGENCY & TRANSFERS $3,218,485

50(5) $2,794.13 $3,259.80 $465.67 $38.81 16.7% STREET LIGHTS 166,800 ` $166,800

60' AA1 $3,271.71 $3,830.52 $558.81 $46.57 17.1% TOTAL PARKS & RECREATION 552,071 Net collection 3,987,384

60' AA2 $3,352.94 $3,911.75 $558.81 $46.57 16.7% TOTAL CONTINGENCY 600,000 COLLECTION COSTS $84,838

70' AA1 $3,817.00 $4,448.94 $631.94 $52.66 16.6% 3,210,587 EARLY PAYMENT DISCOUNT $169,676

80' AA1 $4,362.30 $5,107.36 $745.06 $62.09 17.1% INTERFUND TRANSFER OUT (TO RESERVES IN FY 21) 450,000 Gross collection 4,241,898

80' AA2 $4,470.60 $5,215.67 $745.07 $62.09 16.7% INTERFUND TRANSFER TO MIRABAY CLUB (reclass from prior years) 276,797

100' AA1 $5,452.86 $6,384.20 $931.34 $77.61 17.1% INTERFUND TRANSFER TO SEAWALL FUND FOR CONTINGENCY 50,000

100' AA2(5) $5,588.24 $6,519.58 $931.34 $77.61 16.7% 3,987,384

COMM $6,415.51 $6,525.06 $109.55 $9.13 1.7%

Footnotes:(1) Reflects 2 (two) Series 2001A prepayments and 5 (five) Series 2002A prepayments.(2) Annual debt service assessment per lot adopted in connection with the Series 2001A and Series 2002 Bond Issues. Annual debt service assessment includes principal, interest, Hillsborough County collection costs and early payment discount costs.(3) Annual assessment that will appear on the November 2020 Hillsborough County Tax Bill. Amount shown includes all applicaple collectoin costs. Property owner is eligible for a discount of up to 4% if paid early.(4) Debt Service assessments are preliminary and subject to change.(5) Refects net decrease of 60 units for OM assessments; Villa units decrease (118), 50s lot increase (78), 80s lot decrease (116) and 100s lot increase (95) compared with FY2020 budget. Parcel 8 plat consists of 62 (sixty two) Villa's and 78 (seventy eight) 50's, Parcel 101 Plat consists of 95 (ninety five) 100' lots. Change in units requires true-up payment from owner of Undeveloped Properties.

Units Assessed(1) Allocation of Admin O&M Assessment Allocation of Field O&M Assessment Allocation of Street Light Assessment Per Lot FY2020-2021 Assessment

Page 19 of 19

1

RESOLUTION 2020-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT APPROVING THE PROPOSED BUDGETS FOR FISCAL YEAR 2020/2021; DECLARING SPECIAL ASSESSMENTS TO FUND THE PROPOSED BUDGETS PURSUANT TO CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; SETTING PUBLIC HEARINGS; ADDRESSING PUBLICATION; ADDRESSING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Harbor Bay Community Development District (“District”) prior to June 15, 2020, the proposed budgets (“Proposed Budgets”) for the fiscal year beginning October 1, 2020 and ending September 30, 2021 (“Fiscal Year 2020/2021”); and WHEREAS, it is in the best interest of the District to fund the administrative and operations services (together, “Services”) set forth in the Proposed Budgets by levy of special assessments pursuant to Chapters 170, 190 and 197, Florida Statutes (“Assessments”), as set forth in the preliminary assessment roll included within the Proposed Budgets; and WHEREAS, the District hereby determines that benefits would accrue to the properties within the District, as outlined within the Proposed Budgets, in an amount equal to or in excess of the Assessments, and that such Assessments would be fairly and reasonably allocated as set forth in the Proposed Budgets; and WHEREAS, the Board has considered the Proposed Budgets, including the Assessments, and desires to set the required public hearings thereon;

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT:

1. PROPOSED BUDGETS APPROVED. The Proposed Budgets prepared by the

District Manager for Fiscal Year 2020/2021 attached hereto as Exhibit A are hereby approved as the basis for conducting a public hearing to adopt said Proposed Budgets.

2. DECLARING ASSESSMENTS. Pursuant to Chapters 170, 190 and 197,

Florida Statutes, the Assessments shall defray the cost of the Services in the total estimated amounts set forth in the Proposed Budgets. The nature of, and plans and specifications for, the Services to be funded by the Assessments are described in the Proposed Budgets and in the reports (if any) of the District Engineer, all of which are on file and available for public inspection at the “District’s Office,” c/o DPFG Management & Consulting LLC, 250 International Parkway, Suite 280, Lake Mary, Florida 32746, (321) 263-0132. The Assessments shall be levied within the District on all benefitted lots and lands, and shall be apportioned, all as described in the Proposed Budgets and the preliminary assessment roll included therein. The

2

preliminary assessment roll is also on file and available for public inspection at the District’s Office. The Assessments shall be paid pursuant to the Uniform Method as set forth in Chapter 197, Florida Statutes, or, alternatively, in one or more installments pursuant to a bill issued by the District in November of 2020, and pursuant to Chapter 170, Florida Statutes.

3. SETTING PUBLIC HEARINGS. A public hearing on said approved Proposed

Budget is hereby declared and set for ________________, 2020 at _____ _.m. The hearing may be conducted remotely, pursuant to communications media technology and/or by telephone pursuant to Executive Orders 20-52, 20-69, and 20-112 issued by Governor DeSantis on March 9, 2020, March 20, 2020, and April 29, 2020, as such orders may be extended, respectively, and pursuant to Section 120.54(5)(b)2., Florida Statutes. In the event that conditions allow the meeting to be held in person, it will be held at the following location: LOCATION: Mirabay Clubhouse 107 Manns Harbor Drive Apollo Beach, FL 33572

4. TRANSMITTAL OF PROPOSED BUDGETS TO LOCAL GENERAL PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budgets to Hillsborough County at least sixty (60) days prior to the hearing set above.

5. POSTING OF PROPOSED BUDGETS. In accordance with Section 189.016,

Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budgets on the District’s website at least two (2) days before the budget hearing date as set forth in Section 3, and shall remain on the website for at least forty-five (45) days.

6. PUBLICATION OF NOTICE. The District shall cause this Resolution to be

published once a week for a period of two (2) weeks in a newspaper of general circulation published in Hillsborough County. Additionally, notice of the public hearings shall be published in the manner prescribed by Florida law.

7. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

8. EFFECTIVE DATE. This Resolution shall take effect immediately upon

adoption.

PASSED AND ADOPTED THIS 21st DAY OF MAY, 2020.

ATTEST: HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT

_____________________________ By:___________________________ Secretary/Assistant Secretary Chairman, Board of Supervisors Exhibit A: Budgets FY 2020/2021

EXHIBIT 12 Who: HGS & DPFG

What: Resolution 2020-11, approves the Proposed FY 2021 Budget and Sets a Public hearing Date. The District will begin a two-step process to adopt a budget for the ensuing fiscal year. The first step of the process is for the District to adopt a “proposed budget” before June 15, 2020 and set a public hearing date at least sixty (60) days later to consider its final adoption – the second step of the process.

When: by June 15, 2020

Budget Impact: Increase Assessments (TBD)

Decision: Adopt Resolution 2020-11, approving the FY 2020/21 Proposed Budget



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


REVENUE

1 GENERAL FUND REVENUE ASSESSMENTS (Tax Roll - NET) 2,294,463$ 2,608,046$ 2,947,214$ 1,974,396$ 1,910,840$ 63,556 1,974,396 1,974,396 -$

2 GENERAL FUND ASSESSMENTS TO BE TRANSFERRED TO RESERVES (FY 21) - - - - - - - 450,000 450,000

3 INCREASE IN GENERAL FUND ASSESSMENTS - FY 21 - - - - - - - 757,699

4 TOTAL ASSESSMENT REVENUE (on roll) 2,294,463 2,608,046 2,947,214 1,974,396 1,910,840 63,556 1,974,396 3,182,095 450,000$

5 STREET LIGHT ASSESSMENTS 155,433 156,298 155,896 154,740 147,912 6,828 154,740 154,740 -

6 OFF ROLL 678,284 768,516 916,696 628,949 555,066 73,883 628,949 628,949 -

7 INTEREST 8,263 18,988 39,560 35,000 6,606 6,000 12,606 12,000 (23,000)

8 MISCELLANEOUS - - 80 - 5,152 - 5,152 - -

9 STREETLIGHTS - PARK SQUARE - - - - 1,597 4,800 6,397 9,600 9,600

10 BALANCE FORWARD - - - 1,294,265 - - 1,294,265 - (1,294,265)

11 TOTAL REVENUE 3,136,443 3,551,848 4,059,446 4,087,350 2,627,173 155,067 4,076,505 3,987,384 (857,665)

12 EXPENDITURES

13 ADMINISTRATIVE

14 LEGISLATIVE

15 SUPERVISOR FEES 17,600 11,000 11,000 15,000 7,200 8,000 15,200 15,000 -

16 FINANCIAL & ADMINISTRATIVE -

17 ADMINISTRATIVE SERVICES 10,221 10,000 10,000 2,097 2,714 1,100 3,814 - (2,097)

18 DISTRICT MANAGEMENT 42,350 40,175 34,574 43,802 23,994 21,900 45,894 46,000 2,198

19 DISTRICT ENGINEER 78,248 136,001 133,836 150,000 80,323 119,677 200,000 150,000 -

20 DISCLOSURE REPORT 2,350 2,200 2,000 7,000 1,035 2,500 3,535 5,000 (2,000)

21 TRUSTEES FEES 7,812 7,812 4,438 12,000 1,372 5,633 7,005 7,005 (4,995)

22 ASSESSMENT ROLL - 5,200 5,200 5,200 5,200 - 5,200 - (5,200)

23 FINANCIAL & REVENUE COLLECTIONS 10,000 5,200 - 4,946 2,118 2,500 4,618 5,000 54

24 ACCOUNTING SERVICES 19,492 22,350 24,900 26,815 10,983 14,000 24,983 28,000 1,185

25 AUDITING SERVICES 3,700 3,510 3,510 3,510 - 3,510 3,510 4,000 490

26 ARBITRAGE REBATE CALCULATION 500 500 - 1,500 - 1,500 1,500 1,500 -

27 MISCELLANEOUS MAILINGS - 1,854 - 1,500 1,140 2,500 3,640 2,000 500

28 PUBLIC OFFICIALS LIABILITY INSURANCE 4,969 3,525 3,525 3,701 1,807 1,812 3,619 3,794 93

29 LEGAL ADVERTISING 15,563 15,265 9,095 10,000 1,895 8,000 9,895 10,000 -

30 DUES, LICENSES & FEES 5,650 3,203 4,835 4,000 2,476 2,500 4,976 4,000 -

31 MISCELLANEOUS FEES - 688 1,639 3,000 4,064 5,000 9,064 10,000 7,000

32 PROPERTY TAXES 3,353 9,061 3,470 3,615 3,808 - 3,808 3,900 285

33 WEBSITE HOSTING, MAINTENANCE, BACKUP (EMAIL) 2,895 3,460 5,550 24,405 7,012 5,000 12,012 6,900 (17,505)

34 DISTRICT COUNSEL 390,885 194,488 282,423 250,000 216,907 108,093 325,000 300,000 50,000

35 TOTAL ADMINISTRATIVE 615,588 475,492 539,995 572,091 374,047 313,225 687,272 602,099 30,008

Page 1 of 19



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


36 -

37 FIELD OPERATIONS -

38 SECURITY SERVICES

39 SECURITY ASSETS AND FEES 43,100 16,760 - 50,000 - - - 50,000 -

40 SECURITY OPERATIONS (REMOTE SECURITY) 228,455 195,079 158,824 196,704 95,968 100,736 196,704 196,704 -

41 ELECTRIC UTILITY SERVICES -

42 STREET LIGHTS 150,893 157,976 154,416 154,740 78,436 88,364 166,800 166,800 12,060

43 UTILITY - RECREATION FACILITIES 85,617 74,218 67,377 75,000 38,773 36,227 75,000 75,000 -

44 UTILITY - GUARDHOUSE & GATE ELECTRIC 4,646 3,127 3,236 5,000 1,417 2,253 3,670 4,000 (1,000)


46 GAS UTILITY SERVICES

47 UTILITY SERVICES 4,371 3,187 3,818 4,000 1,442 2,350 3,792 4,000 -

48 GARBAGE/SOLID WASTE CONTROL SERVICES

49 GARBAGE - RECREATION FACILITY 2,298 2,615 2,813 2,500 1,807 1,893 3,700 3,620 1,120

50 WATER-SEWER COMBINATION SERVICES

51 UTILITY SERVICES - AMENITIES 31,311 30,862 25,342 31,000 14,405 16,595 31,000 31,000 -


53 STORMWATER CONTROL -

54 AQUATIC MAINTENANCE 34,398 34,000 31,300 35,100 16,750 17,550 34,300 35,100 -

55 FOUNTAIN SERVICE REPAIRS - 98 6,160 3,000 - 1,500 1,500 3,000 -

56 FOUNTAIN MAINTENANCE 2,400 2,977 5,535 1,036 777 1,554 2,331 1,100 64

57 MITIGATION AREA MONITORING & MAINTENANCE - - 3,431 4,000 100 1,600 1,700 4,000 -

58 OTHER PHYSICAL ENVIRONMENT

59 GENERAL LIABILITY & PROPERTY INSURANCE 89,587 82,827 91,119 89,877 46,131 43,746 89,877 90,833 956

60 INSURANCE - FLOOD 14,591 12,552 10,127 15,760 3,364 12,396 15,760 15,760 -

61 MISCELLANEOUS MAINTENANCE - - 14,300 10,000 1,218 5,000 6,218 10,000 -

62 LANDSCAPE MAINTENANCE - GENERAL 328,936 323,638 301,997 312,000 182,147 129,853 312,000 312,000 -

63 LIGHTING MAINTENANCE & REPAIR 39,851 1,339 8,793 7,500 - 2,500 2,500 7,500 -

64 LANDSCAPE MAINTENANCE - SEACREST 34,562 36,965 33,187 37,245 2,208 - 2,208 - (37,245)

65 LANDSCAPE MAINTENANCE - OPTIONAL AREAS 41,900 48,480 44,440 48,040 8,240 6,300 14,540 12,600 (35,440)

66 LANDSCAPE - FERTILIZATION 84,400 85,250 62,200 77,100 40,600 36,500 77,100 77,100 -

67 LANDSCAPE - PEST CONTROL 30,085 35,036 72,252 57,200 17,448 39,752 57,200 57,200 -

Page 2 of 19



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


68 IRRIGATION REPAIRS AND MAINTENANCE 37,098 36,538 35,745 60,600 45,866 29,134 75,000 51,600 (9,000)

69 LANDSCAPE - MULCH 36,390 36,895 - 31,350 33,250 - 33,250 80,000 48,650

70 LANDSCAPE - ANNUALS 9,600 9,600 8,524 32,000 24,000 8,000 32,000 32,000 -

71 LANDSCAPE REPLACEMENT PLANTS, SHRUBS, TREES 52,860 97,939 97,110 50,000 9,110 40,890 50,000 75,000 25,000

72 FIELD SERVICES 10,243 4,625 5,913 6,500 - - - - (6,500)

73 MINOR VOID REPAIRS 28,960 264 2,085 1,000 669 500 1,169 1,000 -

74 FREEZE PROTECTION - - - 6,300 - - - 6,300 -

75 ROAD & STREET FACILITIES -

76 STREET / PARKING LOT SWEEPING 4,875 5,400 5,400 4,750 2,250 3,150 5,400 7,200 2,450

77 MAINTENANCE - (ASPHALT & GATE) 21,641 14,841 3,747 13,000 11,388 2,112 13,500 13,000 -

78 TOTAL FIELD OPERATIONS 1,482,332 1,378,242 1,290,248 1,455,302 693,883 646,207 1,340,090 1,456,417 1,115

79 PARKS & RECREATION

80 ONSITE STAFFING/EMPLOYMENT(Vesta Task 1A & B in FY 21) 181,807 199,012 225,181 277,988 123,008 154,980 277,988 275,960 (2,028)


82 BUILDING REPAIRS & MAINTENANCE 28,578 24,185 33,838 35,000 6,093 15,000 21,093 30,000 (5,000)

83 MAINTENANCE SUPPLIES 14,962 11,962 15,108 15,000 3,382 10,000 13,382 15,000 -

84 SERVICE TRUCK REPAIRS & MAINTENANCE (GEM) 1,468 180 1,666 2,500 143 1,100 1,243 2,500 -

85 PEST CONTROL 5,462 11,561 8,722 10,000 6,161 6,240 12,401 12,600 2,600

86 CLUBHOUSE AUDIO EQUIPMENT - 98 - 500 - 100 100 500 -

87 COMPUTER SUPPORT, MAINTENANCE & REPAIR 5,701 4,073 9,352 10,000 - 4,200 4,200 10,000 -

88 PROJECT MANAGEMENT SYSTEM - - - 4,102 - - - - (4,102)

89 CLEANING SUPPLIES - 280 289 500 - 300 300 500 -

90 POOL OPERATION & MAINTENANCE 42,586 27,511 34,685 40,000 14,374 25,626 40,000 32,000 (8,000)

91 POOL HEATER MAINTENANCE - 847 585 3,200 822 - 822 3,200 -

92 FACILITY A/C & HEATING MAINTENANCE & REPAIR 6,149 12,261 14,740 3,500 1,658 1,842 3,500 5,000 1,500

93 SIGN MAINTENANCE & REPAIRS 465 1,605 5,068 5,000 2,919 2,000 4,919 5,000 -

94 PRINTING SUPPLIES - - - 500 359 141 500 500 -

95 OFFICE SUPPLIES 2,243 2,052 4,213 2,500 952 1,200 2,152 2,500 -

96 PLAYGROUND REPAIRS - - 1,588 2,500 2,659 1,500 4,159 4,000 1,500

97 TELEPHONE/INTERNET-GATE, BOAT LIFE & CLUB 33,130 28,893 28,171 30,000 16,086 13,650 29,736 30,000 -

98 BOAT LIFT SLING REPAIRS & MAINTENANCE 14,900 20,198 21,071 18,000 4,779 12,000 16,779 18,000 -

99 HOLIDAY DECORATIONS 11,250 9,000 11,832 12,000 4,347 - 4,347 12,000 -

100 TENNIS COURT MAINTENANCE & SUPPLIES 1,986 3,117 2,428 5,000 5,135 1,000 6,135 5,000 -

101 TENNIS COURT MAINTENANCE PERSONNEL - - - - 7,713 15,425 23,138 31,311 31,311

102 BASKETBALL COURT MAINTENANCE & SUPPLIES - 1,162 1,519 1,500 - 500 500 1,500 -

103 ELEVATOR MAINTENANCE 6,118 5,392 7,023 3,500 3,723 1,880 5,603 6,000 2,500

Page 3 of 19



FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021


104 DOG WASTE STATION SUPPLIES 4,180 5,681 7,996 5,000 3,656 3,660 7,316 7,320 2,320

105 ADMIRAL POINTE OPERATIONS -


107 POOL OPERATION & MAINTENANCE 6,985 6,738 4,843 7,000 2,100 4,900 7,000 8,000 1,000

108 ELECTRIC UTILITY - AMENITYFACILITIES 21,933 28,709 26,680 30,000 7,180 12,000 19,180 30,000 -

109 WATER UTILITY - AMENITY FACILITIES 982 1,102 1,074 1,020 457 550 1,007 1,020 -

110 SUPPLIES 774 49 - 1,500 - 500 500 1,000 (500)

111 CLUBHOUSE PEST CONTROL 300 314 480 300 315 330 645 660 360

112 BUILDING REPAIRS & MAINTENANCE 1,018 347 339 1,000 - 787 787 1,000 -

113 TOTAL PARKS & RECREATION 441,727 451,329 509,741 544,456 230,116 291,411 521,529 552,071 7,615

114 CONTINGENCY

115 WORKING CAPITAL 84,433 - - 600,000 - 600,000 600,000 - (600,000)

116 MISCELLANEOUS CONTINGENCY 156,923 246,782 137,620 590,658 171,626 389,145 560,771 200,000 (390,658)

117 CAPITAL PROJECTS - - - - - - - 400,000 400,000

118 SEAWEALL CONTINGENCY - 232,450 - - - - - - -

119 TOTAL CONTINGENCY 241,356 479,232 137,620 1,190,658 171,626 989,145 1,160,771 600,000 (590,658)

120

121 TOTAL EXPENDITURES 2,781,003 2,784,295 2,477,604 3,762,507 1,469,673 2,239,988 3,709,662 3,210,587 (551,920)

122 III. EXCESS OF REVENUE OVER (UNDER) EXPENDITURES 355,440 767,553 1,581,842 324,844 1,157,500 (2,084,922) 366,843 776,797 451,953


124 INTERFUND TRANSFER OUT (TO RESERVES IN FY 21) - (31,409) (1,848,936) - - - - (450,000) (450,000)

125 INTERFUND TRANSFER TO MIRABAY CLUB (reclass from prior years) (546,439) (588,383) (531,782) (324,843) (162,421) (162,422) (324,843) (276,797) 48,046

126 INTERFUND TRANSFER TO SEAWALL FUND FOR CONTINGENCY (42,000) (50,000)

127 TOTAL OTHER FINANCING SOURCES (USES) (546,439) (619,792) (2,380,718) (324,843) (162,421) (162,422) (366,843) (776,797) (401,954)

128 EXCESS OF REV./OTHER SOURCES OVER(UNDER) EXPEND./OTHER USES (190,999) 147,761 (798,876) 1 995,079 - (0) (0) (0)

129 FUND BALANCE - BEGINNING 2,185,274 2,037,033 2,231,876 1,433,000 138,736 - 138,736 138,736 -

130 AUDIT ADJUSTMENT 42,758 47,082 - - - - - - -

131 FUND BALANCE FORWARD - - - (1,294,265) - - - - -

132 FUND BALANCE - ENDING 2,037,033 2,231,876 1,433,000 138,736 1,133,815 - 138,736 138,736 -

Page 4 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 OPERATING REVENUE

2 AMENITY CENTER OPERATING REVENUE

3 PERSONAL TRAINING 28,700 33,849 34,070 34,835 14,156 12,683 26,839 35,863 1,028$

4 GROUP EXERCISE 17,713 15,100 17,392 20,075 4,456 9,490 13,946 18,307 (1,768)

5 MASSAGE 4,775 2,658 60 - - 2,081 2,081 - -

6 TENNIS LESSONS 29,491 53,075 49,609 52,477 20,160 16,555 36,715 52,220 (257)

7 SWIM LESSONS 1,723 2,050 1,550 3,863 120 1,359 1,479 1,632 (2,231)

8 FACILITY RENTAL 7,060 10,876 14,382 9,859 8,483 494 8,977 15,139 5,280

9 MERCHANDISE SALES 210 355 245 449 92 133 225 258 (191)

10 PROGRAMS 185,411 185,198 147,462 171,593 59,700 84,209 143,909 171,593 -

11 FOOD SALES 86,922 81,338 83,573 86,546 30,591 39,363 69,954 92,859 6,313

12 BEVERAGE SALES (ALCOHOLIC) 68,293 60,274 9,129 - - 38,249 38,249 - -

13 BEVERAGE SALES (NON-ALCOHOLIC) 10,531 5,754 9,539 9,230 2,794 4,380 7,173 10,599 1,369

14 BEER - - 32,519 30,928 11,732 15,367 27,099 36,132 5,204

15 LIQUOR - - 20,887 23,143 8,073 9,332 17,406 23,208 65

16 WINE - - 15,440 16,207 8,119 4,747 12,867 17,156 949

17 TOTAL AMENITY CENTER OPERATING REVENUE 440,829 450,527 435,857 459,205 168,474 238,444 406,918 474,965 15,760

18

19 COST OF GOODS SOLD

20 COS-MERCHANDISE RETAIL 351 1,516 1,151 269 44 97 142 162 (107)

21 COS-FOOD 83,752 76,605 54,616 54,524 19,991 24,079 44,071 58,501 3,977

22 COS-BEVERAGE (ALCOHOLIC) 37,547 32,449 - - - - - - -

23 COS-BEVERAGE (NON-ALCOHOLIC) 8,989 8,058 5,227 3,507 1,531 2,988 4,519 6,677 3,170

24 COS-BEER - - 15,099 11,752 5,447 7,135 12,583 16,777 5,025

25 COS-LIQUOR - - 7,325 8,794 2,831 3,273 6,104 8,139 (655)

26 COS-WINE - - 13,656 6,159 7,181 4,199 11,380 15,173 9,014

27 TOTAL COST OF GOODS SOLD 130,639 118,628 97,074 85,005 37,026 41,772 78,798 105,430 20,425

28

29 GROSS PROFT 310,190 331,899 338,783 374,200 131,448 196,671 328,120 369,536 (4,664)

30



Page 5 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance



31 OPERATING EXPENSES

32 PAYROLL & RELATED EXPENSES (NON COMMISSION)

33 PAYROLL MANAGEMENT FROM WTS (COMPILED) 524,776 538,103 579,307 470,158 172,033 - - - (470,158)

34 AMENITIES MANAGEMENT (TASK 1B) - - - - 32,727 66,988 99,715 135,985 135,985

35 EVENT PLANNING SERVICES (TASK 2) - - - - 6,750 14,520 21,270 29,475 29,475

36 SWIM AMENITIES (TASK 3) - - - - 22,695 48,823 71,518 54,715 54,715

37 POOL ATTENDANTS PROVIDING BEVERAGE SERVICE (TASK 8 - after addendum approved) - - - - - - - 5,824 5,824

38 CHILDRENS PROGRAMS (TASK 3 - after addendum approved) - - - - - - - 50,928 50,928

39 ADULT PROGRAMS (TASK 3 - after addendum approved) - - - - - - - 2,880 2,880

40 FOOD & BEVERAGE OPERATIONS (TASK 4) - - - - 19,984 42,988 62,972 87,265 87,265

41 JANITORIAL SERVICES (TASK 5) - - - - 6,253 13,450 19,703 27,305 27,305

42 TOTAL PAYROLL & RELATED EXPENSES (NON COMMISSION) 524,776 538,103 579,307 470,158 260,442 186,768 275,177 394,377 (75,781)

43

44 PAYROLL & RELATED EXPENSES (COMMISSION)

45 PERSONAL TRAINING COMMISSIONS 22,046 22,585 26,745 17,418 6,028 12,759 18,787 25,104 7,686

46 AEROBICS COMMISSIONS 25,320 20,992 - - - - - - -

47 GROUP FITNESS COMMISSIONS 47,669 37,504 19,698 14,352 4,510 5,252 9,762 12,815 (1,537)

48 MASSAGE THERAPIST COMMISSIONS 2,832 1,467 - - - - - - -

49 TENNIS COMMISSIONS 28,042 18,182 34,002 36,734 9,812 15,888 25,701 36,554 (180)

50 AQUATICS COMMISSIONS 3,167 863 576 2,189 32 1,003 1,035 1,142 (1,047)

51 NAIL COMMISSIONS 10,382 1,603 - - - - - - -

52 TOTAL PAYROLL & RELATED EXPENSES (COMMISSION) 139,458 103,196 81,021 70,693 20,382 34,903 55,285 75,615 4,922

52 PROGRAM & AMENITY CAFÉ CENTER OPERATING EXPENSES

53 CREDIT CARD PROCESSING FEES 25,851 26,033 24,092 16,072 10,165 6,719 16,884 16,000 (72)

54 CLEANING SUPPLIES 2,506 10,058 8,422 7,500 5,999 1,740 7,739 12,000 4,500

55 DAILY OPERATIONS SOFTWARE 7,933 8,822 6,982 10,592 2,787 330 3,117 3,000 (7,592)

56 GENERAL LIABILITY INSURANCE 13,573 12,529 11,485 10,812 3,347 7,465 10,812 10,812 -

57 CONTINUING EDUCATION 20 300 - 400 - - - - (400)

58 LAUNDRY, TOWELS, LINEN 897 815 1,589 1,600 526 800 1,326 1,600 -

59 MARKETING & PROMOTIONS 880 789 1,138 850 331 450 781 500 (350)

60 POSTAGE & SHIPPING - - 36 150 1,090 100 1,190 150 -

61 PRINTING SUPPLIES 5,161 1,923 5,243 4,600 765 750 1,515 4,600 -

62 TRAVEL 386 - 187 700 - - - 700 -

63 UNIFORMS 2,596 773 966 1,000 - - - 1,000 -

64 EMPLOYEE RECOGNITION 439 448 366 300 - - - 300 -

65 MISCELLANEOUS 4,033 757 1,635 1,000 268 500 768 1,000 -

Page 6 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 AMENDED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance



66 COMPUTER REPAIRS & MAINTENANCE 1,889 1,563 1,765 1,200 - 500 500 1,200 -

67 CELLULAR PHONES & OTHER REIMBURSEMENTS 2,018 831 935 900 208 500 708 1,000 100

68 MEMBER & GUEST SUPPLIES 6,064 4,001 7,610 5,000 4,828 4,000 8,828 9,000 4,000

69 OPERATING SUPPLIES 37,298 34,942 34,576 28,000 13,638 10,000 23,638 33,103 5,103

70 AMENITIES OFFICE EXPENSES 1,856 4,006 1,144 1,295 2,484 1,000 3,484 2,500 1,205

71 PROGRAM SUPPLIES 73,442 72,531 60,549 62,960 33,436 20,000 53,436 63,000 40

72 FURNITURE, FIXTURES, & EQUIPMENT 977 413 874 1,000 13,831 - 13,831 7,000 6,000

73 EQUIPMENT MAINTENANCE/REPAIR 210 210 689 500 4,656 2,500 7,156 7,000 6,500

74 FITNESS REPAIRS & MAINTENANCE 4,106 4,071 3,265 3,875 1,626 - 1,626 3,875 -

75 TOTAL PROGRAM & AMENITY CAFÉ CENTER OPERATING EXPENSES 192,135 185,815 173,548 160,306 99,985 57,354 157,339 179,340 19,034

75 CONTINGENCY

76 CAPITAL PROJECTS 200 552 - - - - - - -

77 TOTAL OPERATING EXPENSE 856,569 827,666 833,876 701,157 380,809 279,024 487,800 649,332 (51,825)

78 NON-OPERATING REVENUES & TRANSFERS IN -

79 PROXIMITY CARD REPLACEMENT 30 3,893 2,305 2,114 580 500 1,080 3,000 886

80 INTEREST REVENUE - - - - 28 25 53 - -

81 TRANSFER IN FROM THE GENERAL FUND - FACILITY FUNDING (reclassed from prior years) 546,349 588,383 531,782 324,843 164,421 160,422 324,843 276,797 (48,046)

82 TOTAL NON-OPERATING REVENUES & TRANSFERS IN 546,379 592,276 534,087 326,957 165,029 160,947 325,976 279,797 (47,160)

83

84 CHANGE IN NET POSITION - 96,509 38,994 - (84,332) 78,594 166,296 0 0

85 NET POSITION - BEGINNING 96,509 - 135,503 -

86 NET POSITION - ENDING - 96,509 135,503 - 51,171 78,594 166,296 0 0

Page 7 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 ADOPTED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 I. REVENUE

2 INTEREST--INVESTMENT 4,103$ 9,882$ 19,795$ -$ 4,781$ 1,000$ 5,781$ -$ -$

3 SPECIAL ASSESSMENTS -

4 TAX ROLL 300,000 315,200 418,000 425,900 425,900 - 425,900 - (425,900)

5 CONTRIBUTION - - - - - - -

6 TOTAL REVENUE 304,103 325,082 437,795 425,900 430,681 1,000 431,681 - (425,900)

7

8 II. EXPENDITURES

9 CONTINGENCY -

10 CAPITAL RESERVES PROJECTS 290,784 453,210 457,557 425,900 47,256 50,516 97,772 13,038 (412,862)

11 MISCELLANEOUS PROJECTS - - - 30 20,000 20,030 - -

12 TOTAL EXPENDITURES 290,784 453,210 457,557 425,900 47,286 70,516 117,802 13,038 (412,862)

13 -

14 III. EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 13,319 (128,128) (19,762) - 383,395 (69,516) 313,879 (13,038) (13,038)

15

16 OTHER FINANCING SOURCES & USES (TRANSFER IN FROM GENERAL FUND) - - - - - - 450,000 450,000

17 NET ASSETS - BEGINNING 942,585 1,041,983 913,856 - 894,094 894,094 1,277,489 1,277,489

18 NET ASSETS- ENDING 955,903 913,855 894,094 - 1,277,489 1,207,973 1,727,489 1,727,489


FY 2021 PROPOSED BUDGET - RESERVE FUND

Page 8 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 ADOPTED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 REVENUE

2 INTEREST--INVESTMENT - 5,777 17,707 - 3,846 - 3,846 -$ -$

3 SPECIAL ASSESSMENTS - 400,001 270,534 - - - - - -

4 SEAWALL ASSESSMENT - 1,595,611 - - - - - -

5 MISCELLANEOUS REVENUE - 232,456 - 397 - 397 - -

6 TOTAL REVENUE - 2,233,844 288,241 - 4,243 - 4,243 - -

7

8 BALANCE FORWARD FROM PRIOR YEAR - - - 680,000 - - 911,585 - (680,000)

9 TOTAL OPERATING REVENUES AND BALANCE FORWARD - 2,233,844 288,241 680,000 4,243 - 915,828 - (680,000)

10

11 EXPENDITURES

12 LEGAL COUNSEL

13 DISTRICT COUNSEL - - 200,527 - - - - - -

14 SPECIAL LEGAL SERVICES - - 39,867 30,000 23,141 22,114 45,255 - (30,000)

15 SEAWALL INSPECTIONS -

16 DISTRICT ENGINEER - - 167,545 20,000 124,517 55,054 179,571 - (20,000)

17 SPECIAL ENGINEER SERVICES - - 29,517 30,000 29,389 25,000 54,389 - (30,000)

18 CONTINGENCY -

19 UPLAND CLAIMS - - 351,597 500,000 150,762 559,021 677,783 - (500,000)

20 MISCELLANEOUS CONTINGENCY - 1,130,982 948,080 100,000 707 707 50,000 (50,000)

21 TOTAL EXPENDITURES - 1,130,982 1,737,133 680,000 328,516 661,189 957,705 50,000 (630,000)

22 -

23 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES - 1,102,862 (1,448,892) - (324,273) (661,189) (41,877) (50,000) (50,000)


25 INTERFUND TRANSFER - 36,645 708,770 - - 42,000 42,000 50,000 50,000

26 TOTAL OTHER FINANCING SOURCES (USES) - 36,645 708,770 - - 42,000 42,000

27 EXCESS REV./OTHER SOURCES OVER (UNDER) EXPENDITURES/ OTHER USES - 1,139,507 (740,121) - (324,273) (619,189) 123 -

28

29 NET ASSETS - BEGINNING - 827,499 1,651,706 911,585 - 911,585 - (911,585)

30 USE OF FUND BALANCE FORWARD 680,000 (911,585)

31 NET ASSETS- ENDING - 1,967,005 911,585 231,585 (324,273) 123 - (231,585)


FY 2021 PROPOSED BUDGET - SEAWALL FUND

Page 9 of 19

FY 2017 ACTUAL

FY 2018 ACTUAL

FY 2019 ACTUAL

FY 2020 ADOPTED

FY 2020 YTD - MAR

FY 20 April - Sept

FY 2020 PROJECTED

Year EndFY 2021

PROPOSED Variance

1 REVENUE

2 INTEREST EARNINGS - - 1,148 - 442$ 500$ 942$ -$ -$

3 OTHER MISCELLANEOUS REVENUES -

4 BOAT REGISTRATION ($550 for initial registration) 8,510 36,850 25,800 13,750 2,000 7,000 9,000 9,000 (4,750)

5 BOAT RENEWALS ( $50 annually to renew - 280 boats ) - 18,470 11,950 12,850 550 350 900 14,000 1,150

6 RESIDENT FINES - - 1,100 800 - - - 250 (550)

7 TOTAL REVENUE 8,510 55,320 39,998 27,400 2,992 7,850 10,842 23,250 (4,150) 89 BALANCE FORWARD FROM PRIOR YEAR 151,025 - - 40,850 - - - 2,650 (38,200)

10 TOTAL OPERATING REVENUES AND BALANCE FORWARD 159,535 55,320 39,998 68,250 2,992 7,850 10,842 25,900 (42,350)

11

12 EXPENDITURES

13 FINANCIAL & ADMINISTRATIVE

14 OFFICE EXPENSES (CHECK COSTS) 512 1,341 279 1,000 74 - 74 500 (500)

15 LEGAL COUNSEL -

16 LEGAL SERVICES - - - 2,500 - 1,000 1,000 1,000 (1,500)

17 CONTINGENCY

18 CAPITAL PROJECTS - - - - - - - -

19 TOTAL ADMINISTRATIVE EXPENDITURE 512 1,341 279 3,500 74 1,000 1,074 1,500 (2,000) 2021 EXPENDITURES - FIELD OPERATIONS

22 LAW ENFORCEMENT

23 HARBOR PATROL 2,600 9,844 16,060 18,144 6,600 4,560 11,160 18,200 56

24 OTHER -

25 BOATING SAFETY COURSES - - 303 - - - (303)

26 CANAL INSPECTIONS - 640 - 1,303 - 750 750 1,200 (103)

27 VESSEL PURCHASE - - - 40,000 - - - - (40,000)

28 NAVIGATIONAL POST SIGN & REPAIR (TBD) - - - 5,000 37 - 37 5,000 -

29 TOTAL FIELD OPERATIONS 2,600 10,484 16,060 64,750 6,637 5,310 11,947 24,400 (40,350) 3031 TOTAL EXPENDITURES 3,112 11,825 16,339 68,250 6,711 6,310 13,021 25,900 (42,350) 32 - 33 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES 156,423 43,495 23,659 - (3,719) 1,540 (2,179) - - 3435 NET ASSETS - BEGINNING - 156,423 199,918 223,576 182,726 182,726 (40,850)

36 DECREASE IN FUND BALANCE FORWARD (40,850) (2,650)

37 NET ASSETS- ENDING 156,423 199,918 223,576 182,726 179,007 180,076 (40,850)


FY 2021 PROPOSED BUDGET - EVERGREEN FUND

Page 10 of 19

BUDGET 1 REVENUE2 SPECIAL ASSESSMENTS (Gross) 1,019,349$ 3 SPECIAL ASSESSMENTS - OFF ROLL (Net) 227,509 4 MISCELLANEOUS - 5 FUND BALANCE FORWARD - 6 LESS: DISCOUNT ASSESSMENTS (40,774) 7 TOTAL REVENUE 1,206,084 8 EXPENDITURES9 COUNTY - ASSESSMENT COLLECTION FEES 20,387

10 INTEREST EXPENSE11 341,817 12 336,004 13 PRINCIPAL RETIREMENT14 PRINCIPAL PAYMENT 15 375,000 16 TOTAL EXPENDITURES 1,073,208 1718 INCREASE IN FUND BALANCE REVENUE ACCOUNT19 EXCESS OF REVENUE OVER (UNDER) EXPENDITURES 132,876 2021 FUND BALANCE - BEGINNING (REVENUE TRUST ACCOUNT)22 INCREASE IN FUND BALANCE (REVENUE TRUST ACCOUNT)23 FUND BALANCE - ENDING (REVENUE TRUST ACCOUNT $132,876



May 1, 2021


Page 11 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding8/30/2019 18,200,000 5/1/2020 365,000 3.10% 465,230 830,230 17,835,000

11/1/2020 - 3.10% 341,817 341,817 1,172,046 17,835,000 5/1/2021 375,000 3.10% 341,817 716,817 17,460,000

11/1/2021 - 3.10% 336,004 336,004 1,052,821 17,460,000 5/1/2022 390,000 3.10% 336,004 726,004 17,070,000

11/1/2022 - 3.10% 329,959 329,959 1,055,964 17,070,000 5/1/2023 400,000 3.10% 329,959 729,959 16,670,000

11/1/2023 - 3.10% 323,759 323,759 1,053,719 16,670,000 5/1/2024 415,000 3.10% 323,759 738,759 16,255,000

11/1/2024 - 3.10% 317,327 317,327 1,056,086 16,255,000 5/1/2025 425,000 3.30% 317,327 742,327 15,830,000

11/1/2025 - 3.30% 310,314 310,314 1,052,641 15,830,000 5/1/2026 440,000 3.30% 310,314 750,314 15,390,000

11/1/2026 - 3.30% 303,054 303,054 1,053,369 15,390,000 5/1/2027 455,000 3.30% 303,054 758,054 14,935,000

11/1/2027 3.30% 295,547 295,547 1,053,601 14,935,000 5/1/2028 470,000 3.30% 295,547 765,547 14,465,000

11/1/2028 3.30% 287,792 287,792 1,053,339 14,465,000 5/1/2029 485,000 3.30% 287,792 772,792 13,980,000

11/1/2029 3.30% 279,789 279,789 1,052,581 13,980,000 5/1/2030 505,000 3.88% 279,789 784,789 13,475,000

11/1/2030 3.88% 270,005 270,005 1,054,794 13,475,000 5/1/2031 525,000 3.88% 270,005 795,005 12,950,000

11/1/2031 3.88% 259,833 259,833 1,054,838 12,950,000 5/1/2032 545,000 3.88% 259,833 804,833 12,405,000

11/1/2032 3.88% 249,274 249,274 1,054,107 12,405,000 5/1/2033 565,000 3.88% 249,274 814,274 11,840,000

11/1/2033 - 3.88% 238,327 238,327 1,052,601 11,840,000 5/1/2034 590,000 3.88% 238,327 828,327 11,250,000

11/1/2034 3.88% 226,896 226,896 1,055,223 11,250,000 5/1/2035 615,000 3.88% 226,896 841,896 10,635,000

11/1/2035 3.88% 214,980 214,980 1,056,876 10,635,000 5/1/2036 635,000 3.88% 214,980 849,980 10,000,000

11/1/2036 3.88% 202,677 202,677 1,052,657 10,000,000 5/1/2037 660,000 3.88% 202,677 862,677 9,340,000

11/1/2037 3.88% 189,889 189,889 1,052,566 9,340,000 5/1/2038 690,000 3.88% 189,889 879,889 8,650,000

11/1/2038 3.88% 176,521 176,521 1,056,410 8,650,000 5/1/2039 715,000 3.88% 176,521 891,521 7,935,000

Page 12 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding11/1/2039 3.88% 162,668 162,668 1,054,188 7,935,000

5/1/2040 745,000 4.10% 162,668 907,668 7,190,000 11/1/2040 4.10% 147,395 147,395 1,055,063 7,190,000

5/1/2041 775,000 4.10% 147,395 922,395 6,415,000 11/1/2041 4.10% 131,508 131,508 1,053,903 6,415,000

5/1/2042 810,000 4.10% 131,508 941,508 5,605,000 11/1/2042 4.10% 114,903 114,903 1,056,410 5,605,000

5/1/2043 840,000 4.10% 114,903 954,903 4,765,000 11/1/2043 4.10% 97,683 97,683 1,052,585 4,765,000

5/1/2044 875,000 4.10% 97,683 972,683 3,890,000 11/1/2044 4.10% 79,745 79,745 1,052,428 3,890,000

5/1/2045 915,000 4.10% 79,745 994,745 2,975,000 11/1/2045 4.10% 60,988 60,988 1,055,733 2,975,000

5/1/2046 950,000 4.10% 60,988 1,010,988 2,025,000 11/1/2046 4.10% 41,513 41,513 1,052,500 2,025,000

5/1/2047 990,000 4.10% 41,513 1,031,513 1,035,000 11/1/2047 4.10% 21,218 21,218 1,052,730 1,035,000

5/1/2048 1,035,000 4.10% 21,218 1,056,218 - 11/1/2048 - 4.10% - - 1,056,218 -

Total 18,200,000$ 12,487,995$ 30,687,995$ 30,687,995$

Footnote: Max annual ds: 1,172,046 (a) Data herein for the CDD's budgetary process purposes only.

Page 13 of 19

BUDGET 1 REVENUE2 SPECIAL ASSESSMENTS (Gross) 223,241$ 3 SPECIAL ASSESSMENTS - OFF ROLL (Net) - 4 MISCELLANEOUS - 5 FUND BALANCE FORWARD - 6 LESS: DISCOUNT ASSESSMENTS (8,930) 7 TOTAL REVENUE 214,312 8 EXPENDITURES9 COUNTY - ASSESSMENT COLLECTION FEES 4,465




May 1, 2021


Page 14 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding8/30/2019 2,200,000

5/1/2020 125,000 3.10% 49,679 174,679 2,075,000 11/1/2020 3.10% 35,168 35,168 209,847 2,075,000 5/1/2021 130,000 3.10% 35,168 165,168 1,945,000

11/1/2021 3.10% 33,153 33,153 198,320 1,945,000 5/1/2022 135,000 3.10% 33,153 168,153 1,810,000

11/1/2022 3.10% 31,060 31,060 199,213 1,810,000 5/1/2023 140,000 3.10% 31,060 171,060 1,670,000

11/1/2023 3.10% 28,890 28,890 199,950 1,670,000 5/1/2024 145,000 3.10% 28,890 173,890 1,525,000

11/1/2024 3.10% 26,643 26,643 200,533 1,525,000 5/1/2025 145,000 3.30% 26,643 171,643 1,380,000

11/1/2025 3.30% 24,250 24,250 195,893 1,380,000 5/1/2026 150,000 3.30% 24,250 174,250 1,230,000

11/1/2026 3.30% 21,775 21,775 196,025 1,230,000 5/1/2027 155,000 3.30% 21,775 176,775 1,075,000

11/1/2027 3.30% 19,218 19,218 195,993 1,075,000 5/1/2028 165,000 3.30% 19,218 184,218 910,000

11/1/2028 3.30% 16,495 16,495 200,713 910,000 5/1/2029 170,000 3.30% 16,495 186,495 740,000

11/1/2029 3.30% 13,690 13,690 200,185 740,000 5/1/2030 175,000 3.70% 13,690 188,690 565,000

11/1/2030 3.70% 10,453 10,453 199,143 565,000 5/1/2031 180,000 3.70% 10,453 190,453 385,000

11/1/2031 3.70% 7,123 7,123 197,575 385,000 5/1/2032 190,000 3.70% 7,123 197,123 195,000

11/1/2032 3.70% 3,608 3,608 200,730 195,000 5/1/2033 195,000 3.70% 3,608 198,608 -

11/1/2033 - 3.70% - - 198,608 - Total 2,200,000$ 592,724$ 2,792,724$ 2,792,724$


Page 15 of 19

BUDGET 1 REVENUE2 SPECIAL ASSESSMENTS (Gross) 564,772$ 3 SPECIAL ASSESSMENTS - OFF ROLL (Net) 195,463 4 MISCELLANEOUS - 5 FUND BALANCE FORWARD - 6 LESS: DISCOUNT ASSESSMENTS (22,591) 7 TOTAL REVENUE 737,644 8 EXPENDITURES9 COUNTY - ASSESSMENT COLLECTION FEES 11,295




May 1, 2021


Page 16 of 19




/(a)Annual Debt

Service /(a)Bonds

Outstanding8/30/2019 7,775,000

5/1/2020 410,000 3.10% 178,017 588,017 7,365,000 11/1/2020 3.10% 126,604 126,604 714,621 7,365,000 5/1/2021 420,000 3.10% 126,604 546,604 6,945,000

11/1/2021 3.10% 120,094 120,094 666,698 6,945,000 5/1/2022 435,000 3.10% 120,094 555,094 6,510,000

11/1/2022 3.10% 113,351 113,351 668,445 6,510,000 5/1/2023 450,000 3.10% 113,351 563,351 6,060,000

11/1/2023 3.10% 106,376 106,376 669,728 6,060,000 5/1/2024 465,000 3.10% 106,376 571,376 5,595,000

11/1/2024 3.10% 99,169 99,169 670,545 5,595,000 5/1/2025 475,000 3.30% 99,169 574,169 5,120,000

11/1/2025 3.30% 91,331 91,331 665,500 5,120,000 5/1/2026 495,000 3.30% 91,331 586,331 4,625,000

11/1/2026 3.30% 83,164 83,164 669,495 4,625,000 5/1/2027 510,000 3.30% 83,164 593,164 4,115,000

11/1/2027 3.30% 74,749 74,749 667,913 4,115,000 5/1/2028 525,000 3.30% 74,749 599,749 3,590,000

11/1/2028 3.30% 66,086 66,086 665,835 3,590,000 5/1/2029 545,000 3.30% 66,086 611,086 3,045,000

11/1/2029 3.30% 57,094 57,094 668,180 3,045,000 5/1/2030 565,000 3.75% 57,094 622,094 2,480,000

11/1/2030 3.75% 46,500 46,500 668,594 2,480,000 5/1/2031 585,000 3.75% 46,500 631,500 1,895,000

11/1/2031 3.75% 35,531 35,531 667,031 1,895,000 5/1/2032 610,000 3.75% 35,531 645,531 1,285,000

11/1/2032 3.75% 24,094 24,094 669,625 1,285,000 5/1/2033 630,000 3.75% 24,094 654,094 655,000

11/1/2033 3.75% 12,281 12,281 666,375 655,000 5/1/2034 655,000 3.75% 12,281 667,281 -

11/1/2034 - 3.75% - - 667,281 - Total 7,775,000$ 2,290,864$ 10,065,864$ 10,065,864$


Page 17 of 19

FY 20 CAPITAL PROJECTS CAPITAL PROJECTS FY 21ADOPTED FY YTD - MAR 9/30/2020 PROPOSED

1 REVENUE2 INTEREST REVENUE - 121,633$ 171,633 125,000 3 FUND BALANCE FORWARD - 4,338,459 8,911,318 4 TOTAL REVENUE - 121,633 4,510,092 9,036,318 567 EXPENDITURES8 VERIFICATION AGENT 1,750 - - 9 REQUISITION EXPENDITURE 768,092 4,518,159 9,036,318

10 TOTAL EXPENDITURES - 769,842 4,518,159 9,036,318 1112 EXCESS OF REVENUE OVER (UNDER) EXPENDITURES (648,209) (8,067) - 1314 OTHER FINANCING SOURCES (USES)15 BOND PROCEEDS - 16 TRANSFER-IN 8,067 8,067 - 17 TRANSFER-OUT - - - 18 TOTAL OTHER FINANCING SOURCES (USES) - 8,067 8,067 - 1920 NET CHANGE IN FUND BALANCE (640,142) - - 2122 FUND BALANCE - BEGINNING 18,072,636 18,072,636 13,734,177 23 LESS FUND BALANCE FORWARD (4,338,459) (8,911,318) 24 FUND BALANCE - ENDING - 17,432,494 13,734,177 4,822,859

FY 2021 PROPOSED BUDGET - CAPITAL PROJECTS

STATEMENT 12

CAPITAL PROJECTS FUND

Page 18 of 19

HARBOR BAYCOMMUNITY DEVELOPMENT DISTRICTFISCAL YEAR 2020-2021 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

AMINISTRATIVE FIELD OP, PARK&REC, CONTINGENCY & TRANSFERS STREET LIGHT TotalBUDGET $602,099.00 BUDGET $3,218,485.25 BUDGET $166,800.00 Budget $3,987,384.25COLLECTION COSTS 2.0% $12,810.62 COLLECTION COSTS 2.0% $68,478.41 COLLECTION COSTS 2.0% $3,548.94 Collection costs $84,837.96EARLY PAYMENT DISCOUNT 4.0% $25,621.23 EARLY PAYMENT DISCOUNT 4.0% $136,956.82 EARLY PAYMENT DISCOUNT 4.0% $7,097.87 Early pmt. disc. $169,675.93TOTAL ADMIN ASSESSMENT $640,530.85 TOTAL FIELD ASSESSMENT $3,423,920.48 TOTAL STREETLIGHT ASSESSMENT $177,446.81 $4,241,898.14

Lot Type O&M 2019A-1 Debt Service

2019A-2 (AA1) Debt

Service

2019A-2 (AA2) Debt

ServiceEAU Factor Admin Units Total EAU's

% of Total

EAU's

Total Admin Assessment

AdminAssessment Per

LotField Units Total EAU's

% of Total

EAU's

Total Field Assessment

Field Assessment Per

Lot

Street LightUnits Total EAU's

% of Total

EAU's

Total Streetlight Assessment

StreetlightAssessment Per

Lot

Total O&M Assessment

2019 A-1 Debt Service

2019A-2 (AA1) Debt Service(2)(4)

2019A2 (AA2) Debt

Service(2)(4)Total(3)

TH 251 251 251 0.25 251 62.75 6.30% $40,340.55 $160.72 251 62.75 6.63% $227,127.24 $904.89 251 62.75 6.30% $11,175.58 $44.52 $1,110.13 $279.57 $240.22 $1,629.92

Villa(5) 338 338 298 0.40 338 135.20 13.57% $86,917.02 $257.15 338 135.20 14.29% $489,364.18 $1,447.82 338 135.20 13.57% $24,078.70 $71.24 $1,776.21 $447.32 $384.30 $2,607.83

50(5) 123 123 123 0.50 123 61.50 6.17% $39,536.96 $321.44 123 61.50 6.50% $222,602.79 $1,809.78 123 61.50 6.17% $10,952.96 $89.05 $2,220.27 $559.15 $480.38 $3,259.80

60' AA1 113 113 113 0.60 113 67.80 6.80% $43,587.08 $385.73 113 67.80 7.17% $245,406.00 $2,171.73 113 67.80 6.80% $12,074.97 $106.86 $2,664.32 $670.97 $495.23 $3,830.52

60' AA2 120 120 120 0.60 120 72.00 7.23% $46,287.17 $385.73 120 72.00 7.61% $260,608.14 $2,171.73 120 72.00 7.23% $12,822.97 $106.86 $2,664.32 $670.97 $576.46 $3,911.75

70' AA1 143 143 143 0.70 143 100.10 10.05% $64,352.02 $450.01 143 100.10 10.58% $362,317.71 $2,533.69 143 100.10 10.05% $17,827.50 $124.67 $3,108.37 $782.80 $557.77 $4,448.94

80' AA1 78 77 77 0.80 78 62.40 6.26% $40,115.55 $514.30 78 62.40 6.60% $225,860.39 $2,895.65 78 62.40 6.26% $11,113.24 $142.48 $3,552.43 $894.63 $660.30 $5,107.36

80' AA2 249 249 247 0.80 249 199.20 19.99% $128,061.17 $514.30 249 199.20 21.06% $721,015.87 $2,895.65 249 199.20 19.99% $35,476.89 $142.48 $3,552.43 $894.63 $768.61 $5,215.67

100' AA1 29 29 29 1.00 29 29.00 2.91% $18,643.44 $642.88 29 29.00 3.07% $104,967.17 $3,619.56 29 29.00 2.91% $5,164.81 $178.10 $4,440.53 $1,118.29 $825.38 $6,384.20

100' AA2(5) 156 156 156 1.00 156 156.00 15.66% $100,288.87 $642.88 156 156.00 16.49% $564,650.98 $3,619.56 156 156.00 15.66% $27,783.11 $178.10 $4,440.53 $1,118.29 $960.76 $6,519.58

COMM 22.4 22.4 2.25 22.4 50.40 5.06% $32,401.02 $1,446.47 0 0.00 0.00% $0.00 $0.00 22.4 50.40 5.06% $8,976.08 $400.72 $1,847.19 $2,516.16 $2,161.71 $6,525.06

Total 1622.4 1621.4 362 1195 1622.4 996.35 100.00% $640,530.85 1600 945.95 100.00% $3,423,920.48 1622.4 996.35 100.00% $177,446.81 $4,241,898 $1,113,313 $210,501 $642,804 $6,208,516

Lot TypeFY2020

Assessment Per Lot

FY2021 Assessment Per

Lot

Total Change Per

Lot

Monthly Change Per

Lot% Change Total Budget (from STMT 1) Total OM Collections (as if all on Roll)

TH $1,397.09 $1,629.92 $232.83 $19.40 16.7% TOTAL ADMINISTRATIVE 602,099 AMINISTRATIVE $602,099

Villa(5) $2,235.30 $2,607.83 $372.53 $31.04 16.7% TOTAL FIELD OPERATIONS 1,289,617 << less Street Lights FIELD OP, PARK&REC, CONTINGENCY & TRANSFERS $3,218,485

50(5) $2,794.13 $3,259.80 $465.67 $38.81 16.7% STREET LIGHTS 166,800 ` $166,800

60' AA1 $3,271.71 $3,830.52 $558.81 $46.57 17.1% TOTAL PARKS & RECREATION 552,071 Net collection 3,987,384

60' AA2 $3,352.94 $3,911.75 $558.81 $46.57 16.7% TOTAL CONTINGENCY 600,000 COLLECTION COSTS $84,838

70' AA1 $3,817.00 $4,448.94 $631.94 $52.66 16.6% 3,210,587 EARLY PAYMENT DISCOUNT $169,676

80' AA1 $4,362.30 $5,107.36 $745.06 $62.09 17.1% INTERFUND TRANSFER OUT (TO RESERVES IN FY 21) 450,000 Gross collection 4,241,898

80' AA2 $4,470.60 $5,215.67 $745.07 $62.09 16.7% INTERFUND TRANSFER TO MIRABAY CLUB (reclass from prior years) 276,797

100' AA1 $5,452.86 $6,384.20 $931.34 $77.61 17.1% INTERFUND TRANSFER TO SEAWALL FUND FOR CONTINGENCY 50,000

100' AA2(5) $5,588.24 $6,519.58 $931.34 $77.61 16.7% 3,987,384

COMM $6,415.51 $6,525.06 $109.55 $9.13 1.7%

Footnotes:(1) Reflects 2 (two) Series 2001A prepayments and 5 (five) Series 2002A prepayments.(2) Annual debt service assessment per lot adopted in connection with the Series 2001A and Series 2002 Bond Issues. Annual debt service assessment includes principal, interest, Hillsborough County collection costs and early payment discount costs.(3) Annual assessment that will appear on the November 2020 Hillsborough County Tax Bill. Amount shown includes all applicaple collectoin costs. Property owner is eligible for a discount of up to 4% if paid early.(4) Debt Service assessments are preliminary and subject to change.(5) Refects net decrease of 60 units for OM assessments; Villa units decrease (118), 50s lot increase (78), 80s lot decrease (116) and 100s lot increase (95) compared with FY2020 budget. Parcel 8 plat consists of 62 (sixty two) Villa's and 78 (seventy eight) 50's, Parcel 101 Plat consists of 95 (ninety five) 100' lots. Change in units requires true-up payment from owner of Undeveloped Properties.

Units Assessed(1) Allocation of Admin O&M Assessment Allocation of Field O&M Assessment Allocation of Street Light Assessment Per Lot FY2020-2021 Assessment

Page 19 of 19

EXHIBIT 15

Who: HGS

What: Addendum #2 to Acquisition Agreement between the CDD & Park Square (see agreement)

When: Approve at the May Meeting

Budget Impact: Additional Legal fees if Changes are made to the agreement

Decision: Approve the Agreement

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ADDENDUM NUMBER TWO TO ACQUISITION AGREEMENT

THIS ADDENDUM NUMBER TWO (the “Second Addendum”) is made and entered into this _____ day of __________________, 2020, by and between: HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT, a local unit of

special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Hillsborough County, Florida, whose address is c/o DPFG Management & Consulting, LLC, 250 International Parkway, Suite 280, Lake Mary, Florida 32746 (the “District”), and

PARK SQUARE ENTERPRISES, LLC, a Delaware limited liability company,

the owner of certain lands within the boundaries of the District, whose address is 5200 Vineland Road, Suite 200, Orlando, Florida 32811 (the “Landowner”; and together with the District, the “Parties”).

RECITALS

WHEREAS, the District was established by ordinance enacted by the Board of County

Commissioners in and for Hillsborough County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (“Act”), and is validly existing under the Constitution and laws of the State of Florida; and

WHEREAS, the Landowner is the owner of certain lands in Hillsborough County, Florida,

located within the boundaries of the District as initially described in the Engineer’s Report Special Assessment Revenue Bonds Series 2001 dated July 5, 2001 and Engineer’s Report Special Assessment Revenue Bonds Series 2001 and 2002 dated November 19, 2002 attached hereto as Exhibit A (collectively the “Engineer’s Report”); and

WHEREAS, in conjunction with the prior issuance of bonds, the District and a predecessor

to Landowner previously entered into that certain Acquisition Agreement, dated August 16, 2001, and Addendum Number One to the Acquisition Agreement dated December 4, 2002, with Terrabrook Apollo Beach LLC (“Terrabrook”) governing in part the conveyance of real property interests, infrastructure and other improvements (“Property”) from Terrabrook to the District (collectively the “Acquisition Agreement”); and

WHEREAS, the Acquisition Agreement was subsequently assigned from Terrabrook to the

Landowner; and

WHEREAS, the District and Landowner desire to acknowledge the continued effectiveness of the Acquisition Agreement and further refine the process and requirements for the future conveyance of Property from the Landowner to the District; and

WHEREAS, for purposes of the Second Addendum, Property does not include potable

water infrastructure, reclaimed or reuse water infrastructure, sanitary sewer infrastructure, or lift

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stations which are now contemplated to be conveyed directly from the Landowner to the local general-purpose government. NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and Landowner agree as follows: SECTION 1. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Second Addendum. SECTION 2. Landowner and District hereby agree that the Acquisition Agreement remains in full force and effect except as modified herein.

SECTION 3. The Conveyance Procedures attached hereto as Exhibit B are hereby approved for all future conveyances of Property from the Landowner to the District. The Conveyance Standards attached hereto as Exhibit C are hereby approved for all future conveyances of Property from the Landowner to the District.

SECTION 4. The execution of this Second Addendum has been duly authorized by the

appropriate body or official of the District and the Landowner, both the District and the Landowner have complied with all the requirements of law, and both the District and the Landowner have full power and authority to comply with the terms and provisions of this Second Addendum. This Second Addendum shall become effective after execution by the parties hereto as of the date first written above.

SECTION 5. This Second Addendum may be executed in any number of counterparts,

each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

SECTION 6. To the extent that any terms or conditions found in the Acquisition

Agreement conflict with the terms of this Second Addendum, this Second Addendum shall control and shall prevail.

[Signatures on following page]

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IN WITNESS WHEREOF, the Parties execute this Second Addendum the day and year

first written above. Attest: HARBOR BAY COMMUNITY

DEVELOPMENT DISTRICT _____________________________ ____________________________________ Secretary/Assistant Secretary Chairperson, Board of Supervisors WITNESS

By: Name:

PARK SQUARE ENTERPRISES, LLC, a Delaware limited liability company By: _______________________________ Name: ____________________________ Title: _____________________________

Composite Exhibit A: Engineer’s Report Exhibit B: Conveyance Procedure Exhibit C: Conveyance Standards

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COMPOSITE EXHIBIT A ENGINEER’S REPORT

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EXHIBIT B

CONVEYANCE PROCEDURES

For the conveyance of Property from the Landowner to the District, the following process will be followed: Step 1. Landowner completes infrastructure contained in the Engineer’s Report attached

hereto as Exhibit A. Step 2. Landowner submits a request for Property conveyance (“Request”) to the District

Engineer, with copies to the District Manager and District Engineer. The Request shall describe at least the following:

i. Nature of the Property; ii. General Location of the Property; and

iii. Construction cost of the Property. Landowner shall also provide the following with the Request:

i. Lien Releases – Lien releases from the construction contractor reflecting payment in full for construction of completed Improvements.

ii. Engineer’s Certificate – A certificate of a professional engineer demonstrating compliance with the Conveyance Standards attached hereto as Exhibit C. To save time and costs, the Landowner can hire the District Engineer to prepare the certificate.

iii. Contractor’s Warranty Letter – All warranties and maintenance bonds will need to be assigned to the District.

iv. As-Builts and Electronic Files – As-Builts and electronic files such as stormwater model and AutoCAD files for all Property to be conveyed to the District.

v. Test Results – If applicable to the Property being conveyed, the results of the following testing should be provided (the intent is not to require additional tests, but to ensure all applicable tests required by any government agency are completed prior to transfer and documented in the District’s records):

1. TV Tapes 2. Geotechnical testing results and geotechnical certification 3. Other tests required by government agencies

vi. Final Inspections and Agency Sign-Off – If applicable to the Property being conveyed, final inspections by all applicable governmental agencies, which may include:

1. Southwest Florida Water Management District (SWFWMD) 2. Hillsborough County Departments 3. FDEP (Water Release for Service) 4. FDEP (Sewer Release for Service)

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vii. Proposed Instruments of Conveyance – For example, a bill of sale, easement or deed.

viii. Copies of Permits and Documentation Necessary for Operating Permit Transfer from Landowner to District.

ix. Payment of Interim Maintenance Costs of the Property. The District budgets for maintenance once per year. If the Property requires monthly or annual maintenance, the Landowner shall provide funds for such maintenance until the District’s next budget cycle. Alternatively, the Landowner can provide to the District Engineer a list of the conveyances anticipated in the next succeeding fiscal year by April 1 to enable the District to budget for such maintenance.

x. Aerial Map Clearly Depicting the Property to be Conveyed. Step 3. No later than thirty (30) days from receipt of the information required in Step 2,

the District Engineer will review the information provided by the Landowner and certify that the Property to be conveyed have been completed in substantial compliance with applicable permit requirements, that the Property has been constructed per the applicable plans and will recommend acceptance of the conveyance.

Step 4. No later than forty-five (45) days of the District Engineer’s certification, the

District Board of Supervisors shall meet and consider the proposed conveyance. At that meeting, the Board shall approve the conveyance if it is in compliance with this Second Addendum unless the Board determines in its reasonable discretion that approval of the conveyance poses a risk to public health, safety or welfare.

Step 5. After Board approval, District staff and the Landowner shall diligently work

together to finalize the conveyance within ten (10) days.

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EXHIBIT C

CONVEYANCE STANDARDS

1. Physical inspection(s) as evidenced by a certificate of a professional engineer. Such certification shall include:

A. The Property is undamaged and in a condition meeting or exceeding HOA (Mira Bay), local, state, or federal regulations and/or standards, including but not limited to ADA standards. This includes, but is not limited to, street lighting, landscaping, gates and fencing.

B. The Property functions independently for its intended purpose.

C. Sprinkler systems (if any) are functioning and entirely located on the Property or already on property owned by the District.

D. The Property is safely accessible to the public and immediately suitable for the purpose intended.

E. The Property was not installed with significant defects, does not currently contain significant defects, and is not close to the end of its useful life.

F. Mangroves are trimmed consistent with the views originally planned for the community, applicable permits and HOA regulations and standards.

G. All appropriate or required signs are installed and conform to County and HOA (Mira Bay) guidelines.

H. Streets, sidewalks and driveway entrances conform to County guidelines. Sidewalks also conform to HOA (Mira Bay) standards.

I. Street drains and storm drains have been inspected and cleared as needed.

J. Street trees are in proper condition and not currently causing any damage to sidewalks or roads.

K. There are no known environmental hazards on the property.

L. If the conveyance involves a waterway, the depth of the water should be suitable for its intended use.

2. Any deficiencies noted during inspection(s) are to be corrected by the Landowner prior to presenting a conveyance.

3. The property is in a neighborhood that is at least of 90% “built out.”

4. The timing of accepting the Property makes sense in terms of outstanding construction and the maintenance responsibilities being assumed by the District. For example, for property with an expectation of public access, the conveyance should be situated in an

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area of the community where public access and enjoyment is easily obtainable and where there are not significant construction activities making public access difficult or unsafe. In addition, the Property should not be in an area where it is likely to get damaged by ongoing neighborhood construction activities.

5. The Folio # of property being conveyed must be included in conveyance documents.

PROPERTY ACQUISITION STANDARDS*

Property

Acquisition Standard

District Staff Responsible

Date Completed

By Developer

Date Inspected by District Staff

Status

The property is undamaged and passes relevant inspection(s) by mutually agreed upon experts.

The property is in an area that is a minimum of 90% “built out.”

The timing of accepting the property makes sense in terms of outstanding construction and the maintenance responsibilities being assumed by the District.

The property is in a condition meeting or exceeding Mira Bay, local, state, or federal regulations and/or standards, including but not limited to up to date maintenance and landscaping standards.

Property



Date Completed

By Developer


Status

The parcel to be conveyed, as well as all other Developer-owned property, should always be maintained to the standard the CDD maintains similar properties within the District.

Sprinkler systems (if any) are functioning and entirely located on the properties being conveyed to the District.

The property’s fixtures and structures warranties all transfer to the CDD.

The developer provides the property in such a way that the site is immediately suitable for the purpose intended. When waterways are proposed to be conveyed, ensure water depth is appropriate.

Property



Date Completed

By Developer


Status

Any deficiencies noted during inspection(s) are to be corrected by the developer directly with the contractor(s) and not through reimbursement of related expenses to the District.

Folio # included in conveyance documents.

Aerial map included in conveyance documents.

Future maintenance and replacement costs for conveyed property should be documented by District Staff and incorporated into future budgets and Capital Reserve studies. Any ongoing maintenance requirements associated with the

Property



Date Completed

By Developer


Status

conveyance need to be documented, so necessary adjustments are made to staff assignments and our budgeting. Trim mangroves (if applicable).

All infrastructure, including but not limited to street signs, street lighting, landscaping, gates, and fencing, needs to conform to County and Mira Bay standards.

Ensure all appropriate signs are installed, e.g., yield signs entering a cul de sac.

Streets, sidewalks and driveway entrances conform to County guidelines. Sidewalks to confirm to Mira Bay standards.

Street/storm drains have been inspected and cleared as needed.

Property



Date Completed

By Developer


Status

Street trees are in proper condition and not currently causing any damage to sidewalks or roads.

Replacement timing needs to be documented so necessary adjustments to our Reserve Study are made, e.g. well pumps.

Any environmental hazards or questions have been addressed.

* Please note that these are the standards that the Board has asked District staff to use in its evaluations, although they have not been

specifically incorporated into the Acquisition Agreement between the Harbor Bay Community Development District and Park Square Enterprises, LLC

EXHIBIT 16C

Who: HGS

What: First Addendum between Harbor Bay CDD & VESTA Property Services (see analysis)

When: May Meeting

Budget Impact: Increase Contract - $16,702.50

Decision: Approve Vesta Contract Addendum

2/20/2020 Coversheet


Agenda Request

To: Board of Supervisors From: Michael C. Eckert, HGS Date: March 10, 2020

ISSUE: Consideration of First Addendum to Agreement with Vesta Property Services, Inc. (“Addendum”)

ANALYSIS/INFORMATION: Vesta began its Amenity Management services in January, 2020. Since that time, various questions have arisen regarding the operational and accounting provisions in the Agreement Between Harbor Bay Community Development District and Vesta Property Services, Inc. for Amenity Center Management Services and Grounds Maintenance Management Services. To resolve these questions, District Counsel has worked with Vesta to develop the Addendum. Below is a summary of the changes / clarifications of the Agreement encapsulated in the draft Addendum.

Addendum Section 2 - Removes $97,645 from Agreement for Pool Attendants - Clarifies compensation for pool attendants and lifeguards will be based on hours actually worked at $15.75 per hour and provides a not-to-exceed amount of $54,715.50 based on 3,474 total hours - Provides a not-to-exceed amount of $5,824 for pool attendants providing food and beverage services poolside based on 364 hours - Provides for monthly reporting and invoicing requirements to back up hourly charges

Addendum Section 3 - Provides the District will receive 100% of the Revenues from Children’s Programs

-Instead of revenue sharing, provides that Vesta will be paid based on hours actually worked by program attendants for Children’s Programs at $16.00 per hour and provides a not-to-exceed amount of $50,928 based on 3,183 hours

- Instead of revenue sharing, provides that Vesta will be paid based on hours actually worked by program attendants for adult programs and events at $16.00 per hour and provides a not-to-exceed amount of $2,880 based on 180 hours

- Provides the District shall receive 30% of revenues generated by recreation instruction provided by Vesta


Addendum Section 4 - Provides clarity as to invoices for food and beverage operations

- Provides the District shall be responsible for operating deficits for food and beverage operations, and shall receive any operating surpluses - Provides for Board oversight of significant food and beverage pricing changes

EXPECTED COMPLETION DATE: N/A - Annual Contract BUDGET IMPACT-AMOUNT( RECURRING/RESERVE/ETC): District Counsel defers to the District Manager and Vesta to determine and advise on budget implications. The Addendum deletes $97,645 earmarked for pool attendants from the Agreement with Vesta and replaces it with not-to-exceed amounts totaling $114,343 for both pool and program attendants. This increase is offset by the fact that the District would now receive 100% of the revenues from Children’s Programs and 30% of the revenue from all classes and lessons regardless of whether offered by Vesta or its subcontractor. Whether this offset is partial or total is a matter for the District Manager and Vesta to project. It is also clarified the District would be responsible for any deficits for food and beverage operations and the District would receive any surpluses. DECISION TO BE MADE: A) Approve Addendum as Presented;

B) Direct Staff to Revise Addendum and Approve; or

C) Take No Action.

ATTACHMENTS: 1) FIRST ADDENDUM TO AGREEMENT BETWEEN HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT AND VESTA PROPERTY SERVICES, INC. FOR AMENITY CENTER MANAGEMENT SERVICES AND GROUNDS MAINTENANCE MANAGEMENT SERVICES

2) MEMORANDUM FROM VESTA

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FIRST ADDENDUM TO AGREEMENT BETWEEN HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT AND VESTA PROPERTY SERVICES, INC. FOR

AMENITY CENTER MANAGEMENT SERVICES AND GROUNDS MAINTENANCE MANAGEMENT SERVICES

THIS FIRST ADDENDUM (the “Addendum”), dated March ______, 2020, modifies the compensation structure for certain services outlined in that certain Agreement Between Harbor Bay Community Development District and Vesta Property Services, Inc. for Amenity Center Management Services and Grounds Maintenance Management Services, dated November 21, 2019 (the “Agreement”), as amended from time to time, by and between:

HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in Hillsborough County, Florida, with a mailing address of 250 International Parkway, Suite 280, Lake Mary, Florida 32746 (the “District”); and VESTA PROPERTY SERVICES, INC., a Florida corporation, with a mailing address of 245 Riverside Avenue, Suite 250, Jacksonville, Florida 32204 (“Contractor” and, together with the District, the “Parties”).

WHEREAS, the Agreement has been in effect for approximately four months and various issues have arisen regarding interpretation of the Agreement as well as its administration; and WHEREAS, a new pool safety plan has been adopted by the District which imposes additional pool staffing requirements not previously anticipated; and WHEREAS, the Parties desire to modify the revenue and expense treatment under the Agreement for Recreation Programming (defined below); WHEREAS, instead of the District receiving a percentage of the revenues for after-school children’s recreation programs and summer children’s recreation programs (collectively “Children’s Programs”), the Parties desire that the District will receive one hundred percent of the revenues from Children’s Programs; and WHEREAS, instead of the Contractor receiving a percentage of the revenues for Children’s Programs, the Parties desire that the Contractor will be paid an hourly rate for staffing the Children’s Programs; and WHEREAS, the Parties desire to establish a split of revenues for known Recreation Programming and provide a process for establishing revenue splits for future, different types of Recreation Programming; and WHEREAS, the Parties desire to clarify certain operational and accounting matters related to food and beverage operations.

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NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINED TERMS. All definitions and capitalized terms shall have the same

meanings as in the Agreement unless otherwise defined herein. 2. MODIFIED COMPENSATION STRUCTURE FOR POOL ATTENDANTS / LIFEGUARDS – TASK 3. The annual compensation amounts contained in Section 5.A. of the Agreement for “Task 3 – Swim Amenities” are hereby removed from the Agreement. Instead, compensation for pool attendants and lifeguards shall be paid to Contractor based on hours actually worked. The hourly rate to be paid by the District to Contractor for pool attendants and lifeguards shall be fifteen dollars and seventy-five cents ($15.75), not to exceed fifty-four thousand, seven hundred fifteen dollars and fifty cents ($54,715.50) per year based on three thousand, four hundred seventy-four (3,474) hours anticipated to be worked. In addition, the hourly rate to be paid by the District to Contractor for pool attendants providing poolside food and beverage service shall be sixteen dollars ($16.00), not to exceed five thousand, eight hundred twenty-four dollars ($5,824.00) per year based on three hundred sixty-four (364) hours anticipated to be worked. Each monthly invoice submitted by Contractor shall separately identify the number of hours actually worked and the charges for the hourly work in the preceding month. No portion of this not-to-exceed amount shall be attributable to program attendants or any other tasks or services. This change shall be retroactive to the date of the Agreement. The Parties shall work together to perform any necessary accounting as a result of this change.

3. MODIFIED COMPENSATION STRUCTURE FOR RECREATION PROGRAMMING – Section 8 of the Agreement is hereby replaced in its entirety with the following:

8. RECREATION PROGRAMMING REVENUES; SUBCONTRACTORS.

A. Recreation, sports and other programs such as tennis lessons, fitness activities, and/or aquatic lessons (“Recreation Programming”) shall be reasonably priced, with the objective of maximizing Patron participation.

B. Contractor shall provide Children’s Programs. Recreation

Programming shall include all Children’s Activities (as defined in Exhibit A, Task 2), except for Children’s Programs. Recreational Programming shall also include special event staffing. With the exception of staffing and management costs, the out-of-pocket expenses associated with a special event shall be borne by the District. Contractor shall not hire a Subcontractor to run the Children’s Programs absent prior Board approval. Contractor shall not receive any percentage of the revenues derived from the Children’s Programs. One hundred percent (100%) of the revenues from the Children’s Programs shall be remitted to the District. Contractor’s sole compensation for providing the Children’s Programs shall be payment by the District for program attendants at an hourly rate of sixteen dollars ($16.00), not to exceed fifty thousand, nine hundred twenty-eight dollars($50,928.00) per year based on three thousand, one hundred eighty-three (3,183) hours anticipated to be worked. In addition, the hourly rate to be paid by

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the District to Contractor for program attendants for adult programs and events shall be sixteen dollars ($16.00), not to exceed two thousand, eight hundred eighty dollars ($2,880.00) per year based on ninety (180) hours anticipated to be worked. Each monthly invoice submitted by Contractor shall separately identify the number of hours actually worked and the charges for the hourly work in the preceding month. No portion of this not-to-exceed amount shall be attributable to pool attendants, lifeguards or any other tasks or services. This change shall be retroactive to the date of the Agreement. The Parties shall work together to perform any necessary accounting as a result of this change.

C. Contractor may offer instruction directly by Contractor’s staff for the District’s Recreation Programming (excluding Children’s Programs) in exchange for a share of the program revenues upon approval by the District’s Board of Supervisors in accordance with District rules and policies. The participants of these programs shall be charged directly by Contractor for such Recreation Programming. Unless otherwise approved by the Board, the participants of these programs shall be charged directly by Contractor for such Recreation Programming, with thirty percent (30%) of all program revenues remitted to the District and seventy percent (70%) to the Contractors. Contractor shall report revenue sharing and remit payment to the District on a quarterly basis, within ten (10) days after the end of each quarter period ending on March 31, June 30, September 30 and December 31. This change shall be retroactive to the date of the Agreement. The Parties shall work together to perform any necessary accounting as a result of this change.

D. The District understands that Contractor may subcontract with contractors (“Subcontractors”) from time to time and in connection with provision of the Recreation Programming. Unless otherwise approved by the Board, the participants of these programs shall be charged directly by Contractor for such Recreation Programming, with thirty percent (30%) of all program revenues remitted to the District and seventy percent (70%) to the Subcontractors. Contractor shall report revenue sharing and remit payment to the District on a quarterly basis, within ten (10) days after the end of each quarter period ending on March 31, June 30, September 30 and December 31. Notwithstanding anything to the contrary herein, Contractor shall be responsible for all acts or omissions of any Subcontractor retained by Contractor pursuant to the terms of the Agreement, to the same extent as Contractor is responsible for its own acts or omissions. In the event that Contractor desires to subcontract for Recreation Programming, Contractor shall ensure that a contract, in the form attached hereto as Exhibit D, is executed and in force between Contractor and any Subcontractor. Further, the District reserves the right to require Contractor to replace any Subcontractor for cause, provided however that the District first provides Contractor with a reasonable opportunity to cure (not to exceed 30 days).

E. Should the District determine that the cost of a program(s) offered

by the Contractor is too expensive, the District shall have the option to inform

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4

Contractor in writing that the District is reducing the percentage of program revenues to be paid to the District, and Contractor shall reduce the cost of the programming charged to residents by an amount equal to the total amount being waived by the District.

4. CLARIFICATION OF OPERATION AND ACCOUNTING FOR TASK 4 – FOOD AND

BEVERAGE OPERATIONS; ALCOHOL SALES AND LIQUOR LICENSE. Invoices for supplies and inventory related to food and beverage operations shall be issued to “Harbor Bay CDD c/o Vesta Property Services, Inc.” and shall be addressed to 245 Riverside Avenue, Suite 250, Jacksonville, Florida 32204. These invoices will be paid by Contractor on behalf of the District. To the extent there is a deficit in food and beverage operations in a month, Vesta shall seek reimbursement from the District for such deficit advanced by Vesta. To the extent there is a surplus in food and beverage operations in food and beverage operations in a month, Vesta shall pay such surplus to the District. The formula for determining whether a deficit or surplus has occurred shall be the gross revenues of the food and beverage operations minus the expenses of the food and beverage operations. The costs of staffing the food and beverage operations shall not be included in this calculation. Contractor shall undergo training on the coding of the invoices and revenues as required by the District’s manager. Contractor shall provide the detail of revenues and expenses for food and beverage operations as required by the District’s manager, and in the format required by the District’s manager.

The Contractor shall have the authority to adjust food and beverage item pricing within twenty-five percent (25%) of the pricing in effect on March 1, 2020. If Contractor desires to adjust a food and beverage item pricing more than twenty-five percent (25%), Contractor shall bring the proposed price adjustment to the attention of the Board at a public meeting for the Board’s advice and consent.

5. FINAL AGREEMENT. This Addendum, together with the Agreement, represents

the entire understanding between the District and the Contractor with regard to the compensation for “Task 3 – Swim Amenities” under sections 4 and 5 of the Agreement, the compensation for Recreation Programming and Children’s Programs under section 8 of the Agreement, and the operation and accounting for “Task 4 – Food and Beverage Operations; Alcohol Sales and Liquor License” under section 4 of the Agreement. Except as expressly amended herein, the Agreement shall remain unchanged and in full force and effect, and the Parties hereby ratify and confirm all terms of the Agreement as modified herein. The terms of the Agreement shall govern the terms of this Addendum, except this Addendum shall control to the extent any of the provisions of this Addendum are in conflict with the provisions of the Agreement.

6. EFFECTIVE DATE. This Addendum shall have an effective date as of the day and year first written above. IN WITNESS WHEREOF, the Parties execute this Addendum on the day and year first written above. HARBOR BAY COMMUNITY

DEVELOPMENT DISTRICT

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5

_____________________________ _____________________________________ Witness Chairperson, Board of Supervisors

VESTA PROPERTY SERVICES INC., a Florida for profit corporation

____________________________ _____________________________________ Witness By: __________________________________ Its: __________________________________

The following information is Vesta’s recounting of what was (1) requested by the District through its

RFPs for Amenity Management and Grounds Maintenance Management Services; (2) Proposed by

Vesta in our written Proposal in response to the RFPs; and (3) stated in our written Contract with the

District. The most pertinent information regards our recent discussion with the Board regarding a

provision of “pool attendants” (referred to in “Task 3 – Swim Amenities” of the RFP, Proposal, and

Contract) to staff the District’s water slide in fulfillment of pool safety guidelines recently

communicated to District Staff and whether our Contract funds this service as well as the provision

of “program attendants” to carry out the District’s various recreational programs and events.

The information that follows this initial, two-page summary of our request to amend our agreement,

under the heading of “Background Details,” shows a great deal of consistency between the District’s

RFPs, Vesta’s Proposal, and our Contract in terms of the staffing levels and positions that were agreed

to by both parties, and yet there was a “gray area” or “gap” between what was laid out in the RFP,

what was shown in the District’s Budget, what was Proposed and agreed to by Vesta in our Contract,

and what had actually been provided by WTS in the past and was expected to be provided for the

District in the future regarding Recreation Programs/Activities. More specifically:

I. There is consistency/uniformity regarding the provision of “pool attendants” under “Task 3” such that

our contract adequately funds the provision of such staff for the water slide.

II. However, there is an omission of references in the RFP, Vesta’s Proposal, or the Contract to staff the

District’s programs. (There is a reference under “Task 2 – Event Planning Services” for Vesta to plan,

administer and coordinate programs for the residents.)

III. While the Pricing section of the RFP requested that the proposer’s information include “Complete

pricing showing the total cost of providing the services, broken down as set forth on the following price

proposal form,” Vesta’s position is that the RFP’s detailed scope-of-work section requested that the

proposer state the “Staffing Level and Positions” associated with fulfilling these various services. This

is why Vesta not only listed this information in our Proposal (as reproduced below under “Background

Details”) but also provided a one-page list of the “On-Site Personnel” which included their Position

Titles (also reproduced below under “Background Details.”) These positions (and only these positions)

then were incorporated into our Contract (Page 4) (again, as reproduced below under “Background

Details.”)

IV. The District’s ‘19-‘20 Budget that was available during the RFP process included a reference to “Pool

Attendants” gross wages = $75,482. There was no reference to “Program Attendants” in the Budget

at that time. Vesta believed that the RFP’s “Task 3 – Swim Amenities” referred to this line item of

“Pool Attendants” and submitted our Proposal accordingly (showing “Annual Gross Compensation”

of $73,975 for “Pool Attendants” and a “Total Management Fee” of $97,645.)

V. Vesta agrees that in retrospect both the Board’s and Vesta’s intention was to enter into a “fixed-price

contract” rather than the previous approach of “pass-through costs” plus a flat management fee. As

shown by some of the “Background Details” below, Vesta attempted in good faith to be very

transparent regarding both our analysis and understanding of the District’s Budget as well as spelling

out the Staffing Levels and Positions of our Proposal (including providing specific information on our

staff’s compensation, though this was not required by the RFPs.) However, we specifically stated at

least one exception to the “fixed-price” approach by excluding the provision of program instructors

in our fixed management/staffing fee, due to our being able to clearly identify the District’s “70/30

revenue split” with certain instructors in the Budget but it not being described clearly in the RFP (this

is described in Section 8 of the Contract, “Recreation Programming Revenues; Subcontractor.”

VI. Subsequent to the Board’s decision to award Vesta the contracts, we received from WTS and

Supervisor Lockom the 2019-2020 Budget that included the following information shown below:

PAYROLL: ACTIVITIES/PROGRAMS 735

ACTIVITIES STAFF

$35,833

PROGRAM SPECIALIST

$15,600

BASKETBALL MONITORING STAFF $4,944

465

POOL MONITORING STAFF

$18,640

TOTAL ACTIVITIES WAGES $75,482

As confirmed by Supervisor Lockom, the Budget provides for a total of 3,183 labor-hours for

“Program Attendants” (to staff children’s programs such as the afterschool program and summer

camp) and 2,013 hours for “Pool Attendants” = 5,186 total labor-hours by the Programs/Activities

staff. As previously perceived by at least some Board Supervisors, these hours and associated costs

are sufficiently covered by “Task 3 – Swim Amenities” within our existing contract with the District.

VII. On Feb. 20, the Board approved a Not-To-Exceed amount of $41,111 for staffing the water slide

through Sept. 30, 2020. This amount, plus an estimated $5,000 to staff the water slide from Oct.

– Dec. of 2020, = a total of $46,111 for Year 1 (essentially 10 months) for staffing the water slide.

In our view, the issue at the heart of Vesta’s request to amend our agreement is: The 6,100 total hours

for our contracted “Swim Amenities” fee of $97,645 is insufficient to cover 7,201 hours as follows:

A. Pool Attendants/Lifeguards:

1. Staffing of water slide by Lifeguards: 2,928 total hrs. (for 10 months) x $15.75/hr. = $46,111

2. Staffing by a Pool Monitor at the entrance gate to enforce pool policies: 13 wks. in summer,

7 days/wk. from 11 – 5 pm, = 546 total hrs. x $15.75/hr. = $8,599.50

3. Staffing to provide poolside F & B service for residents by a “Pool Attendant:” 13 wks. in

summer, 7 days/wk. from 12 – 4 pm, = 364 total hrs. x $16/hr. = $5,824.00

• The NTE amount now for Pool Attendants/Lifeguards = $60,539.50

B. Program Attendants:

1. Staffing of children’s programs: 3,183 hrs./yr. x $16/hr. = $50,928.00

2. Staffing of adult events: 15 hrs./month = 180 total hrs./yr. x $16/hr. = $2,880.00

• The NTE amount now for Program Attendants = $53,808.00

The Total NTE costs = $114,347.50 ($60,539.50 + $53,808) vs. $97,645 currently in our contract.

So, Vesta’s request for an additional, total Not-To-Exceed amount for our contract is $16,702.50.

Background Details

I. From Vesta’s Cover Letter of our Proposal:

In our further effort to be as detailed and transparent as possible, our material concludes with a one-page table showing the on-site personnel’s gross wages, the associated total costs to the District, and the expected workhours for each of the positions within our proposed staffing structure. We follow that with a one-page comparison of our proposed costs to the District vs. the relevant expenses within your 2020 budget. Vesta is also providing an Alternate Proposal that could combine some management functions and reduce our management fee, but at a somewhat-reduced level of service to the District.

We would like to emphasize that our Proposals are based upon (1) our desire to generally

maintain the District’s current, on-site, hourly staffing positions (as we currently understand

them and at least during an initial period of transition and acclimation), and (2) our overriding,

joint commitment to enable the District to be managed and function much more effectively,

efficiently and productively.

II. From Vesta’s Proposal (The RFP was organized by “Tasks,” Scope of Work, and “Proposed

Staffing Level and Positions;” below are the lists of Tasks and Vesta’s Proposed Staffing Levels

and Positions.)

Task 1 – AMENITIES MANAGEMENT AND STAFFING A. General Manager.

Proposed Staffing Level and Positions: One (1) Vesta associate shall be employed as a full-

time, salaried, year-round individual to fulfill the General Manager scope-of-work and requirements

shown above.

B. Amenities Management.

Proposed Staffing Level and Positions: Multiple Vesta associates shall be employed to handle

the Amenities Management scope-of-work and requirements outlined above. These primarily

would consist of the following positions:

• Resident Services Manager – one (1) full-time, salaried, year-round individual

• Administrative Personnel – one (1) full-time, hourly, year-round individual

• Reception/Guest Services Personnel – three (3), hourly, year-round individuals

Task 2 – EVENT PLANNING SERVICES Proposed Staffing Level and Positions: Vesta is proposing that its one (1). full-time, on-site

Resident Services Manager listed above fulfill this scope-of-service.

Task 3 – SWIM AMENITIES SERVICES Vesta shall oversee the management of the District’s swimming amenities (e.g., the swimming

pools, slide, etc.) (together, “Swim Amenities”), including the following:

Proposed Staffing Level and Positions: A staff of multiple “Pool Attendants” shall be employed

to fulfill the Swim Amenities Services scope-of-work outlined above. This shall consist of some

combination of full-time and part-time, hourly associates whose schedules shall align with the pool

season(s). With over $80,000 currently budgeted for FY 2019-2020, this will likely require a staffing

level of 8 - 10 Vesta associates over the course of the year.

Task 4 – FOOD & BEVERAGE OPERATIONS; ALCOHOL SALES & LIQUOR LICENSE Proposed Staffing Level and Positions: Based upon the Budgeted sales of the District’s café,

Vesta is proposing an F & B staff of essentially three positions: a lead cook and two attendants

(one full-time and one part-time.) All of these would be hourly, year-round positions (unless the

café closes during the off-season, in which case these costs would be lowered accordingly.)

Task 5 – JANITORIAL SERVICES Proposed Staffing Level and Positions: One (1) Vesta associate shall be employed part-time,

year-round to handle the janitorial services scope of work outlined above.

Task 6 – POOL MAINTENANCE SERVICES Proposed Staffing Level and Positions: One (1) Vesta associate shall be employed year-round

to handle the pool maintenance scope of work outlined above. Typically, Vesta combines this task

with other on-site maintenance duties within the one position, in order to maximize operating

efficiency for the District and enhance the operating performance by Vesta by having this individual

in position to immediately respond to the most pressing issue of the day or hour, whether that be

dealing with the pools, tennis courts, fitness equipment, playground, or other amenities.

GROUNDS MAINTENANCE MANAGEMENT SERVICES

Proposed Staffing Level and Positions: Vesta’s Organizational Chart for the combined Amenity

Management and Grounds Maintenance Management services shows the position of “Operations Manager.” This individual is one (1) of 3 FTE’s and would be a full-time, year-round position. Vesta

would utilize the Operations Manager (plus one (1) full-time Maintenance Tech; approximately 34%

of a Maintenance Tech 2 position (the other 66% would be devoted to Pool Maintenance; our Pricing

Form reflects this allocation); and a third, part-time Maintenance Tech to continue coverage for

maintenance needs on the weekends) to oversee and manage not only common areas maintenance

but also the maintenance and repairs of the District’s amenity facilities.

HARBOR BAY CDD AMENITY & GROUNDS MAINTENANCE MANAGEMENT (Year 1) ON-SITE PERSONNEL* COMPENSATION & VESTA MGMT. FEE

POSITION by TITLE

ANNUALIZED EXPECTED

GROSS COMPENSATION

MARK-

UP = 32%**

TOTAL MGT. FEE EXPECTED WORK HRS. / WEEK

General Manager $83,500 $110,220 40+

Operations Manager 63,000 83,160 40+

Resident Services Mgr. 44,000 58,080 40

Maintenance Tech. 1 36,000 47,520 40


Maintenance Tech 3 12,480 16,475 16 Reception / Resident

Services 1 27,040 35,695 40 Reception / Resident


Services 3 9,985 13,180 16

Administrative 19,970 26,360 24

Café Attendant 1 20,930 27,630 35

Café Attendant 2 10,920 14,415 20

Café Cook 33,280 43,930 40

Janitorial/Cleaning Staff 20,380 26,900 28

Pool Attendants 73,975 97,645 Varies by Season

Outfitters Attendant 3,000 3,960 TBD

*Excl. Commission-based

Personnel (aquatics, fitness, tennis)

**Incl. payroll taxes, benefits, workers comp., payroll processing & HR

support, etc.,

and Vesta’s Mgmt. Fee. Total = $511,260 Total = $674,865

NOTE 1: As part of this Proposal, Vesta is willing to maintain the District’s current Scope and

Schedule of Compensation/Revenue-Sharing related to Lessons, Activities and/or Programs.

Examples include Fitness Classes, Yoga Instruction, Tennis Instruction, and Swim Instruction.

NOTE 2: Vesta will be happy to modify the proposed positions, expected work-hours per week,

and associated costs shown above if we’ve misunderstood the proposed Budget or misjudged

the District’s needs currently or in the coming year(s). (See analysis below.)

Vesta Position Title CDD Budget RFP Task RFP Scope Vesta Mgt. Fee

Gross Wages

General Manager $103,008 1a Mgmt. & Staffing $110,220

Operations Manager GMM Grounds Maint. Mgt. 83,160

Resident Services Mgr. 1b Amenities Mgt. 58,080

Maintenance Tech. 1 $86,832 6 Pool Maint. Svcs. 47,520

Maintenance Tech. 2 GMM Grounds Maint. Mgt. 43,955

Maintenance Tech. 3 “ “ 16,475

Administrative 20,628 1b Amenities Mgt. 26,360

Reception/Resident Svcs. 1, 2 & 3 66,732 1b Amenities Mgt. 74,615

Janitorial Staff 5 Janitorial Svcs. 26,900

Outfitters Attendant 3,080 1b Amenities Mgt. 3,960

Café Cook 79,994 4 Food & Bev. 43,930

Café Attendant 1 4 Food & Bev. 27,630


Pool Attendants 75,482 3 Swim Amenities 97,645

TOTAL ESTM. CDD BUDGETED GROSS WAGES: $435,756

Vesta Mgt. Fee: $674,865

NOTES:

Pool Maintenance Budget Assume Pool Operation. & Maint. Budget includes labor & pool chemicals. $33,400

+ Estm. Pool Chemicals Exp. (labor included above):

$22,000

• CDD Budget Includes:

*Yr. 1 Vesta Fee of $674,865 Includes:

Payroll taxes, payroll HR admin. support, benefits, & Work Comp.

On-site staff’s gross wages, payroll taxes & HR admin. support, benefits, Workers Comp., uniforms, bonuses, cell phones,

Total = $131,850 costs of overhead, Sr. Mgt. oversight & support, + gross profit.)


Uniforms, Employee Recog., & Cellular Phones Total = $2,200

• WTS Amenity Mgmt. Fee:

$36,000 + $9,000 Total = $45,000

• Rizzetta/Grounds Maint. Mgmt.

"Field Services” = $6,500

+ Sub-Total ESTM. GROSS WAGES: $435,756

= TOT. ESTM. BUDGETED EXP. $654,706

= TOT. VESTA PROPOSED EXP.

$696,865

III. From our Contract with the District:

4. SCOPE OF SERVICES.

A. Management. Contractor shall provide the following three (3) full-time, salaried, onsite

managers who shall be responsible for the general management and operation of the Amenity

Facilities and Common Areas:

i. General Manager. The General Manager shall generally oversee all facets of the Amenity

Facilities and Common Areas management and operation;

ii. Resident Services Manager. The Resident Services Manager shall generally support and

assist General Manager in carrying out day-to-day responsibilities, with a focus on all

matters that directly relate to the residents’ lifestyle experience in MiraBay;

iii. Operations Manager. The Operations Manager shall generally oversee maintenance,

repair, and replacement of the Amenity Facilities and the Common Areas, including

oversight of and coordination with other District contractors, vendors, and/or service

providers.

B. Staffing. Contractor shall provide the following onsite staffing:

i. Administrative Personnel. Contractor shall provide one full-time, hourly, year-round

individual to perform administrative tasks.

ii. Reception/Guest Services Personnel. Contractor shall provide three hourly, year-round

individuals to perform reception/guest services-related tasks.

iii. Pool Attendants/Lifeguards. Contractor shall provide multiple (likely between eight to ten

over the course of a year) full-time and part-time, hourly associates whose schedules shall

align with the pool season(s).

iv. Lead Cook and Food Attendants. Contractor shall provide three individuals (one lead cook

and two attendants, one full-time and one part-time) to perform food and beverage

services.

v. Janitorial Personnel. Contractor shall provide one part-time, year-round individual to

perform the janitorial services.

vi. Maintenance Technicians. Contractor shall provide three maintenance technicians (two

full-time, year-round; one part-time) individuals to assist the Operations Manager with

maintaining the Amenity Facilities and the Common Areas. One of the two full-time

maintenance technicians will devote full-time hours to pool maintenance during the pool

on-season, and during the off-season will devote available capacity to other maintenance-

related tasks and projects.

C. Sufficiency. By entering into this Agreement, Contractor affirms staff positions identified in

this Section shall be sufficient to provide the District the maximum benefit of the Services.

If the District determines, in its sole discretion, that Contractor is unable to deliver the

Services at a high quality due to insufficient management and/or staffing, the District may

request Contractor propose modifications to its staffing or terminate this Agreement with

cause as provided in Section 12 herein. At any time during the term of this Agreement, if

Contractor believes a different management and staffing structure would be more beneficial

to the District, Contractor may propose such changes to the District.

5. COMPENSATION; TERM. Contractor shall be compensated for providing the Services

described in Exhibits A and B in accordance with the following terms:

A. Fee Schedule:

Standard Service Description Annual Fee1

Year 1 Year 2 Year 3 Year 4 Year 5

A. Amenity Center Management Services

i. Task 1 – Management and Staffing

a. General Manager $110,220 $112,425 $114,675 $117,540 $121,065

b. Amenities Management $133,975 $136,655 $139,390 $142,875 $147,160

ii. Task 2 – Event Planning Services $29,040 $29,620 $30,215 $30,970 $31,900

iii. Task 3 – Swim Amenities Services $97,645 $99,600 $101,590 $104,130 $107,255

iv. Task 4 – Food & Beverage

Operations; Alcohol Sales; Liquor

License

$85,975 $87,695 $89,450 $91,685 $94,435

v. Task 5 – Janitorial Services $26,900 $27,440 $27,990 $28,690 $29,550

vi. Task 6 – Pool Maintenance Services $29,450 $29,860 $30,460 $31,220 $32,155

B. Grounds Maintenance Management

Services2

$161,660 $164,895 $168,195 $172,400 $177,570

1 The Initial Term shall be billed pursuant to the fees provided for Year 1. Any Additional Terms shall be billed

pursuant to the fees provided for Years 2 through Year 5, unless otherwise agreed to by the Parties as provided for in

the Agreement 2 These Grounds Maintenance Management Services fees include one (1) full-time Operations Manager, one (1) full-

time Maintenance Tech 1, 33% of a second, full-time Maintenance Tech. 2, and one (1) part-time (weekends-only)

Maintenance Tech. Contractor will allocate the balance (67%) of the total cost of the Maintenance Tech 2 to the Pool

Maintenance Services


Recreation, sports and other programs such as tennis lessons, fitness activities, and/or aquatic lessons

(“Recreation Programing”) shall be reasonably priced, with the objective of maximizing Patron participation.

The District understands that Contractor may subcontract with contractors (“Subcontractors”) from time to

time and in connection with provision of the Recreation Programing. The participants of these programs shall

be charged directly by Contractor for such Recreation Programming, with thirty percent (30%) of all program

net revenues remitted to the District and seventy percent (70%) to the Subcontractors.

The intersection or summary of the District’s RFP, Vesta’s contract, and the submitted Addendum is this:

1. It was the District’s intention to utilize its RFP to enter into a “fixed-price” contract for its amenity management (and grounds maintenance management) services. Vesta fully embraced in our Proposal this intent as well, as this is our standard practice and contract structure with other districts.

2. Great effort went into developing a clear, detailed and thorough RFP (likewise our Proposal), but the RFP overlooked providing a clear description of operating/staffing the District’s programs. This aspect was not listed as one of the “Tasks” in the RFP; the closest thing to program staffing was “Task 2, Event Planning Services.”

3. Several weeks after Vesta’s Proposal was accepted by the Board, we received more detailed O & M Budget information from Supervisor Lockom and WTS. This provided our first insight into the fact that either our contract’s “Task 3, Swim Amenities,” should have been better described in the RFP to include not only the staffing of the pool by Pool Attendants but also the staffing of resident programs by Program Attendants, or else our contract’s “Task 2, Event Planning Services” should have better addressed the need to include programs staff to carry out daily and seasonal activities and programs.

4. If not subsequently required to also staff the District’s water slide with two additional staff members, Vesta could have fulfilled the original scope-of-service for both Pool Attendants and Program Attendants within the amount originally stated in our proposal and now in our contract.

5. Vesta and District Counsel believe that the best way to (a) fulfill the desire for a “fixed-price” agreement for the vast majority of our contracted scope of work and (b) have the more “variable” component of providing pool and program staff that typically vary by season, etc., “capped” by a NTE authorization, and invoiced according to actual labor-hours provided by Vesta, is with this Addendum.

The following “Q & A” will provide more background and explain further details involved in this matter:

• Do you believe the contract does not define District events or programs, staffing for events or programs or both? In Vesta’s view, that is correct. The one reference to this scope of work is “Task 2, Event Planning Services.” (None of the other Tasks contain any reference to “events or programs,” staffing or otherwise.) The contract includes a list of Definitions beginning on Page 2; there is a reference to “Program Expenses” which “means the expenses associated with providing the various activities, events, and programs for patrons, as outlined in the O & M Budget.”

The “Scope of Services” that are listed on Pages 3 – 5 are mostly defined in terms of Staffing positions listed on Page 4 (see further details below), along with incorporating our Proposal as Exhibits to the contract. There does not appear to be a definition or reference to “staffing for events or programs, or both” in the contract, as part of this question is worded.

On Page 6 of the contract, it states that “The District will be responsible for all Operations Expenses and Programs Expenses and, except as otherwise provided herein for petty cash purchases, the District Manager shall directly pay vendors for such Operations Expenses and Programs Expenses.” The only other reference to “Programs” that we can clearly identify is on Page 8, entitled “Recreation Programming Revenues; Subcontractors,” which is mostly about the manner by which the revenue from certain programs is to be collected and disbursed.

• Do you believe the contract (a) mandates specific staffing levels and (b) was done in an incomplete manner?

(a) Yes, since the RFP requested a statement of “specific staffing levels” for each “Task” listed in the RFP, and then our contract specifically incorporated our proposed staffing levels (and only those staffing levels) on Page 4 (the “Contractor shall provide the following onsite staffing”) and then lists each of the positions and staffing levels (number of personnel for each position) that we proposed in response to the RFP.

(b) Page 4 lists “Pool Attendants/Lifeguards” but does not refer to “Program Attendants.” The contract would have been more complete if it listed the position of “Program Attendants,” but in Vesta’s view it did not because we did not list them in our proposal - because we did not identify any reference to this scope-of-work in the RFP’s “Tasks” (nor in the O & M Budget.)

• Do you believe specific errors in financial reporting available on the District’s website justifies the need for an addendum to the contract?

Vesta does not believe that “specific errors in financial reporting” were “available on the District’s website” during the RFP process. Rather, we believe that a part of the financial information in the District’s O & M Budget was noted or described incompletely during the RFP process and then more completely after our proposal was accepted by the Board.

The O & M Budget available from July – Sept. included one line item’s dollar amount ($75,482) along with the description of “Pool Attendants,” and then in November we were informed through information received from WTS and a Board Supervisor that this same line item and dollar amount actually referred to a combination of “Pool Attendants” and “Program Attendants” or activities personnel. In other words, the specific dollar amount for that line item was evidently not in error, but the description was incomplete during the RFP process.

• Do you believe the RFP was inaccurate or incomplete in specific ways that justifies an addendum to the contract?

Yes, for the reasons stated above. The RFP also did not include a reference to staffing of programs (such as after-school or summer camp) under any of its “Tasks.” As a result, the RFP’s reference to “Task 3, Swim Amenities,” which seemed to Vesta to clearly and directly correspond to the “Pool Attendants” description in the O & M Budget at that time, led us to address only the Pool Staffing or “Swim Amenities” (Task 3) in our proposal, but not the staffing of programs.

In hindsight, Vesta would have identified this “gap” during the RFP process if we had access to WTS’s more detailed budget information that it submitted to the District. However, since they were seeking to retain the contract, there was little-to-no likelihood of our being able to interact with them in order to receive this information.

Of course, any perceived or actual inaccuracies or incompleteness does not imply a desire by any of the parties involved in the drafting of the RFP, the response to the RFP, or drafting of the contract to obfuscate or cloud these issues. Vesta believes that everyone involved strongly preferred then (and still prefers now) as much specificity, clarity, and completeness as possible.

• How do any of these issues relate to the staffing of the District’s water slide?

Prior to identifying (during this past winter) the need to staff the water slide according to a consultant’s pool safety plan, the $97,645 in Vesta’s contract for “Task 3, Swim Amenities” would have been sufficient for both staffing the pool with Pool Attendants (to enforce pool policies and provide poolside F & B service) in the summer and staffing daily and seasonal programs with Program Attendants year-round.

However, providing additional staff specifically for the water slide, at a Not-To-Exceed (NTE) amount of $41,111 from March – Sept. or approximately $46,111 from March – Dec., would cause us to exceed the original, contracted fee of $97,645 (for 12 months) for “Swim Amenities.” Prior to the closing of the facilities due to COVID-19, Vesta believed that this additional necessary amount = $16,702.50, which would have enabled us to fully staff both the pool (including the water slide) and programs this year as outlined in this answer.

• Is the request for this Addendum affected by the amenities closure currently in effect?

While Vesta is still fully compensating its Programs personnel for the District and invoicing the District accordingly, we are not incurring any costs to employ Pool Attendants for the District, due to the amenities closure. As a direct result, the NTE amount of the pool staffing portion of the Addendum would now be lower if it’s adopted.

However, regardless of how “the dust settles” when it comes to these specific costs, Vesta still believes that adopting the core language of District Counsel’s Addendum would be in the best interests of the District. It would clearly enable the District to only pay for the staffing of the pool and programs according to labor-hours actually incurred by the Contractor (Vesta), while the remainder of the contract would essentially remain a “fixed-price” agreement. This would offer both the District and the Contractor “the best of both worlds” - the largest portion of the contract is consistent operationally from day-to-day and so its costs should be relatively certain; the other portion (involving staffing of the pool and programs) has a certain variability to it and so it’s more appropriate to have that portion contractually linked with actual labor-hours provided.

https://www.google.com/url?sa=i&url=https://vestapropertyservices.com/&psig=AOvVaw1H-hDBsbZB3VziLWf2X7DZ&ust=1586977338686000&source=images&cd=vfe&ved=0CAIQjRxqFwoTCNjc0bbN6OgCFQAAAAAdAAAAABAD

EXHIBIT 17A

Who: Supervisor Curley

What: Vesta Contract Addendum (see analysis)

When: May Meeting

Budget Impact: N/A

Decision: Consider comments and questions made in the analysis prior to approving the VESTA contract

To: Supervisors and Staff Date: April 24, 2020 From: Paul Curley Subject: Vesta contract addendum- May 2020 Recommendations • Except for the modifications described below, retain the fixed fee structure of

the current contract • For specific programs and activities, split the revenue collected from residents

between Vesta and the District. o Ideally, the District’s split should cover associated fixed costs o Ideally, Vesta’s split should cover their labor and other out-of-pocket

costs as well as provide an uncapped profit for well-designed programs that capture the interest of residents.

• Revenue splits should reflect the varying costs and risks taken on by Vesta and the District. For example,

o For personal trainers and aerobic instruction, an 85/15 split of fees might be appropriate because District costs are limited primarily to HVAC expenses and maintaining the space or equipment

o For tennis instruction, a 75/25 split might be appropriate to cover the District’s higher cost of maintaining clay courts and the District is paying the pro an hourly stipend for maintenance.

o For programs and activities that require special staffing or equipment, e.g., entertainment, bouncy houses, a fee split of 90/10 may be appropriate, because of the greater risk assumed by Vesta.

o Ideally, we could reach an agreement on how to split café revenue and thereby give Vesta the freedom to adjust café hours, menu and pricing. If Vesta made contributions toward equipment purchase,

maintenance and replacement, I believe the split could be as high as 90/10 or 95/5.

Background Since it appears a majority of Supervisors favor signing the Vesta addendum presented at the April meeting and since I shared most of my concerns at the April meeting, I decided to submit a written summary of my questions and concerns. I have issued my thoughts to Staff early, so my comments can be discussed as further changes to the addendum are made by Staff, and I will limit my verbal comments at the May Board meeting to responding to specific questions raised by Supervisors or Staff, so progress is not unnecessarily impeded.

Vesta’s performance • As I have stated at several different CDD meetings and as I shared with Roy in

a phone call earlier this week, I believe Vesta’s overall performance since signing the contract has been outstanding.

o I continue to be happy I was one of the three Supervisors voting to hire them.

Fair treatment of a partner • Treating our partners fairly has been raised at the last two CDD meetings and I

agree with the importance of fair treatment; however, residents are another important partner of the District.

o Some/many residents have lost their job. Some residents may lose their business.

o Every dollar of District money comes from the pockets of residents. o Vesta and its employees are partners of the District and, as partners, they

need to be treated fairly. o We need to be balanced in how we treat all of our partners.

• Many small businesses, large businesses, non-profits, and governments have laid off some of their staff.

o Our current contract with Vesta establishes a process for adjusting compensation to mirror changes in Services (see Section 4). As submitted in the April agenda packet, I believe Vesta’s

methodology for reducing fees owed to Vesta by the District was fair, mirrors the process outlined in our contract and should be accepted by the District.

• Contracts are used to define most business relationships. In considering how to handle a disagreement between the District and Vesta, our first step should be to scrutinize the governing contract.

o Vesta is requesting an addendum and more money because they contend the Service and/or associated staffing is not addressed adequately in the contract.

o Based on discussions with Roy, it is my understanding that Vesta is not requesting an addendum because they are losing money or mispriced the Services outlined in the contract

Comments and questions on the contract change recommended in this memo • It is my understanding from Roy that at other Districts, Vesta handles programs

by directly billing residents, if a resident wants to participate in a program. Vesta then gives the District 10% of the gross revenue collected from residents.

Based on discussions I have had with Roy, I believe with the change proposed in the recommendation section, Roy may be comfortable with the current contract. I like this change to the contract because:

o It retains the basic structure of the original contract, i.e., payment of a fixed fee for satisfactory delivery of a defined set of Services.

o As long as the Services are delivered in a satisfactory manner, Vesta can hire and deploy resources as they deem appropriate, i.e., no need for the Board to micro manage; we simply evaluate outcomes.

o The change provides an uncapped reward to Vesta for executing outstanding programs that are interesting to residents and the District shares in the gross revenue without incurring substantive downside risk, except for the fixed costs associated with the venue.

o The District’s contract costs do not increase; on the contrary, there is potential revenue upside for the District. The downside of this change is the District does not share in the

potential profits o Ideally, the revenue splits should be designed to minimize any impact on

the District’s “Facility Contribution”. Comments and questions I believe Supervisors should consider before approving the addendum included in the April agenda packet • Did the District negotiate a contract for delivery of defined Services or for a

defined number of people? o With most of our recent contracts, e.g., amenity management, District

management, landscaping, painting, etc, it was my intention to have Counsel draft a fixed fee contract for a described set of Services.

o For amenity management and onsite maintenance, Roy is convinced we contracted for a defined number of people, who will work their hardest to deliver the defined Services.

o At the past two meetings, I have not heard Counsel express their opinion on this issue.

• The District did not reference our historical expenditures for amenity services in the RFP or in our contract with Vesta. Further, Section 19 of our contract indicates the contract “shall constitute the final and complete [emphasis added] expression of the agreement between the parties …”.

o While Vesta may have been confused by what the District spent historically for amenity services, I am uncertain how budget confusion impacts contract interpretation, particularly, if our current contract is profitable for Vesta.

• Under Exhibit A, Task 2, items i, ii, iv, and vi, I believe our contract describes a broad array of events for adults and children.

o As documented in prior written submissions, Roy disagrees. o At the past two meetings, I have not heard Counsel express their opinion

on this issue. • If the description of personnel within the contract is relevant to contract

interpretation, does that mean my Oct 19 request (see email attachment) was impossible to achieve or is there another explanation I am missing?

o At the past two meetings, I have not heard Counsel express their opinion regarding the relevance of the “Sufficiency” statement (Section 4.C.) or the “protection” requested in my Oct 19 email.

• The request for an addendum started with the need to monitor the pool slide. The contract defines a set of pool Services and the contract references 8-10 full-time and part-time pool personnel (Section 4.B.iii). Also, under Task 3, item iii.2, the contract requires the vendor to comply with “County-approved safety plan(s)”.

o If the description of pool personnel is relevant, what is the total number of pool monitoring hours the District "bought" with the original contract and what information in the contract is being referenced to calculate the total number of hours?

o Roy indicates Vesta manages approximately 8-12 pool slides in Florida and, with every FL community, slide monitors are required. Further, according to Roy, during the bid submission process, Vesta assumed WTS employed slide monitors at Harbor Bay.

o What if similar situations arise with landscaping, e.g., our prior landscaper apparently did not comply with all pruning regulations near sidewalks, or weekly detailing or clean-up requires more personnel than what is referenced in the contract, etc. Will the Board be approving similar adjustments to the

landscaper’s contract? • If the description in the contract of personnel is relevant, according to the

signed contract, what is the total number of contracted hours for each position that must be delivered by Vesta over the course of the year and who will track whether these hours were delivered overall and by individual Task?

o Is the Board equipped to make the decision regarding whether or not we have enough hours to deliver the Services defined in the contract? Personally, I am unable to make such a judgment for amenity or

landscape management, which is one of the reasons I thought we drafted a contract for the delivery of Services.

o With the Vesta contract, are we getting the same number of hours that were delivered by Rizzetta and WTS for each Service? I do not have the data to answer this question definitively, but I

believe the answer to this question is no, because Vesta bills the District at a higher labor rate than WTS and WTS’s profit and management fee were billed as a separate line items.

• For example, for pool monitoring, I believe Vesta identified the amount WTS charged the District for pool monitoring and then converted that dollar figure to Vesta hours. The problem is WTS billed us at ~$9/hr and Vesta will bill us at $15.75 (For WTS, benefits, administration, and profit were billed as a separate line item in our budget. Vesta roll benefits, administration and profit into the hourly rate for each position).

o If my assumptions are correct, Vesta will deliver 40% fewer pool monitoring hours than that delivered by WTS.

Similar to our landscaping contract, I thought we defined the amenity and maintenance Services we wanted and asked vendors to describe how much it would cost to deliver those Services, while complying with relevant standards and regulations. Our landscaping contract requires CLM to comply with government regulations and industry standards, such as UF, IFAS, etc.

• What will we do if CLM reduces man-hours to equal the number of individuals referenced in their contract?

o Since signing the contract, I believe Vesta has employed fewer people in the maintenance department than described in the contract, and, I don't believe Vesta has completed all of the described maintenance Services, e.g., power washing within the District. If this understanding is correct, what action is warranted? Does the Board want to monitor outcomes or the number hours

deployed to address each Task? o Is Vesta obligated to deliver the requested Services, the described

number of personnel or a combination of both? • I am not certain how the proposed addendum addresses the underlying issue of

Roy contending the District bought a certain number of personnel hours. In fact, the structure of the current addendum seems to make things worse for the District. For example:

o According to Vesta’s interpretation of the contract and the proposed addendum, total maintenance Services delivered is constrained by the

number of personnel listed in the original contract but, with the proposed addendum, the District pays the same fixed fee whether or not the described Service is delivered or the described number of individuals is working each day.

o WTS could redeploy pool monitors to handle clean up of the fitness center or the cafe. With the new addendum, if Vesta does this with pool monitors or outside cafe personnel, the District will be paying for the same service twice, i.e., we pay the hourly rate for pool monitors to complete clean up and we pay the fixed fee amount covering clean up.

o We have adult programs, e.g., Happy Hour, that I think were handled by "inside cafe personnel", when WTS managed amenities. With the proposed addendum, with this specific “program” and in

similar situations, how will the District be billed (hourly or fixed fee) and does every Vesta employee have to understand what triggers different approaches to billing?

• With the current Vesta contract, Board oversight focuses on delivery quality, which is where the Board focuses its oversight with the CLM contract. With the Vesta addendum proposed in the April agenda packet, I believe Board oversight, once again, will need to address how staff is deployed.

• I have questions about the specific language of the addendum included in the April agenda packet. For example:

o Our original contract described many different activities/programs for children. What, if any, aspect of those described programs/activities are covered by the fixed fee, which, by the way, was not reduced in the addendum? For example, are publicity, set-up and clean-up of a "program"

billed by the hour or part of the fixed fee, i.e., will we be billed only for “program” personnel onsite during the actual time of the event?

o Historically, our tennis pro would teach children individually and in small groups and sometimes WTS would ship all kids, who were participating in a camp, over to the tennis court. How is each situation billed under the proposed addendum?

4/24/2020 Gmail - DPFG and Vesta Contracts

https://mail.google.com/mail/u/1?ik=f27c4e36fb&view=pt&search=all&permthid=thread-a%3Ar1130218719557017911%7Cmsg-a%3Ar-118442488694… 1/1

Paul Curley <[email protected]>

DPFG and Vesta Contracts1 message

Paul Curley <[email protected]> Sat, Oct 19, 2019 at 1:34 PMTo: Michael Eckert <[email protected]>

My comments on the DPFG and Vesta contracts are described below. I did not re-review the RFP to see if these issueswere already addressed in the RFP. I also realize some of these issues may be better covered outside of a contract;however, I still have listed them in case they can be incorporated into the contract.

DPFG contractIn many situations, we relied on Steve for numbers versus Rizzetta. In the future, the community may nothave a Supervisor with Steve's skill set, so I want to make sure DPFG has a contractual obligation toprovide similar analyses such as:

Tracking unpaid but contractual commitments to make future paymentsForecasting future expenditures versus simply "annualizing" year-to-date expendituresIt was my sense that Steve was constantly having to correct Rizzetta on how expenditures werecategorized, e.g., operating expenses that should have been categorized as reserve expensesIt is my perception that too much money is held in a money market account or worse, simplybecause no one is doing a cash flow analysis and determining extra cash can be placed in a CD toearn more interest.It may be worthwhile to ask Steve what he "had to do" because Rizzetta failed to do it.

Ideally, DPFG is ensuring all Supervisors have the information they need to make decisions at meetings. For example, at the Oct meeting, we were given data on playground mulch that could potentially last a longtime versus playground mulch that needs to be replaced with frequency. The Board agenda packet shouldhave included an analysis of how long it would take to recoup the cost of the long-lasting mulch. Theplayground analysis should also have referenced appropriate government requirements. Many expenses were "authorized" via Joe R's signature, even though, in many instances, Joe had nopersonal knowledge about the expense, e.g., cafe expenditures. The District needs a system whereby theperson accepting the deliverable is putting their name on the line that the expense is appropriate.

VestaIn their RFP, Vesta has offered a price to deliver on Tasks outlined in the RFP. I want to be certain, we aregetting:

Sufficient staff to handle pool and fitness center oversight, all children, teen and adult programs, cafeservice, summer camps, tennis camps, boating registration and renewal, amenity supervision, (e.g.,security of basketball or tennis courts), obtaining bids on all projects, overseeing all contractors, etc.Sufficient staff to handle all ongoing maintenance activities, excluding landscaping, where themaintenance activities do not require a license, more than 2 people working concurrently or itconstitutes a major project, e.g., painting all buildings.

For clarification, I do think it would be appropriate to have onsite maintenance handle touchup painting or the painting of a room.

Sufficient staffing to enforce all District rules, e.g., parking, amenities, etc.Ideally, I would like Vesta to commit to delivering resident satisfaction levels of excellent or very good -overall, cafe, children programs, adult programs, pool, cleanliness, etc. The Board and contractor coulddefine a mutually acceptable measurement tool.

Feel free to call me if further clarification is needed.

Kind regards,

Paul

Paul Curley

If the content of your email discusses CDD business and it is sent to my CDD or my personal email address, your email is a part of the public record.

To: Board of Supervisors Fr: Steve Lockom Re: Vesta cost analysis and thoughts Dt: 5/9/2020 Action required: Approve Vesta contract addendum At the last CDD meeting I was asked to put together a financial analysis comparing previous costs with WTS and Rizzetta onsite maintenance compared to Vesta. I went to the year ended September 30, 2019 financials and listed the plan, actual and 2020 budget for all items concerning Rizzetta Maintenance and WTS costs. As you can see, the plan for 2019 excluding commission based employees, was $906,909. The actual was $866,862 and the 2020 plan was $926,046. The WTS data had many non payroll categories as separate line items. Items such as Payroll taxes, Payroll HR Admin support Benefits and Worker's Compensation would need to be applied to the commission based employees. WTS included these costs for the commission based employees but Vesta agreed to a straight 70/30 split in the addendum. This requires Vesta to fund these costs, not the district. Total Vesta costs with the addendum total $744,413. Based on the 2020 planned numbers with approval of the straight 70/30 split, there would be a reduction of costs of another $10,716. The actual cost to the district in 2019 was $866,862 and the 2020 plan was $926,046. The Vesta contract cost with the addendum would be $733,697 ($744,413-$10,716).

I believe this contract has a fixed and variable portion to it. This is exactly as the WTS contract was set up. The fixed rate portion includes the three management positions: the general manager (Margaret), the operations manager (Doug) and the resident services manager (Holly). It also applies to year-round maintenance workers and food and beverage staff, which are listed in the Vesta contract. The front desk personnel in the gym and an administrative person were also proposed by Vesta (similar to before with Rizzetta and WTS) and are also spelled out in their contract. Their schedules as a whole do not fluctuate from week to week so these positions could also be viewed as a “fixed” portion of the contract. Mike Eckert will tell you that he has NEVER seen an across the Board fixed rate amenities contract. Roy Deary will tell you the SAME, particularly as it relates to the pool staff (as well as programs personnel, whether paid by the CDD under the management contract or by the residents by their program fees.)

The proposal by Vesta was based upon the RFP’s scope of work and looking at our financial statements to try to mirror what the district was receiving from WTS and Rizzetta. By bringing the contract from two vendors into one, there were some economies of scale received. You can see the cost savings in the financial analysis. I am not sure as to why some Board members view this as a total fixed rate contract. Vesta put together expected costs for the hourly portion of the contract in the proposal based on the actual figures in the general ledger. For the addendum, Vesta matched hour to hour to the WTS plan for hours.

When the lifeguard situation came up, additional hours were required to fulfill that obligation. Had WTS still been here they would have charged us for the additional hours. This is the language from the WTS contract, “The Amenity Manager shall be responsible for the supervision and safety of the patrons of the pool. The Amenity Manager shall employ such full- and part-time personnel for Swim Amenities to: (i) deliver the Services associated with the Swim Amenities at a level consistent with the District’s annual

budget, and (ii) ensure that the District’s operation and maintenance of the Swim Amenities are in compliance with all requirements of applicable law, including but not limited to Florida’s Public Pool Code, Chapter 64E of the Florida Administrative Code, as well as any County-approved safety plan(s).” The Vesta contract states: Contractor shall oversee the management of the District’s swimming amenities (e.g., the swimming pools, slide, etc.) (together. “Swim Amenities”) including the following:

i. Contractor shall be responsible for the checking in on, monitoring and supervising the safety of the patrons of the Swim Amenities.

ii. Responding to first aid situations, enforcing the Amenities Rules, performing light pool area cleaning, managing pool staff, and handling phone calls.

iii. Managing a full/or part time staff for Swim Amenities in order to: a. Deliver the services associated with Swim Amenities at a level consistent with the

Districts annual budget; and b. Ensure the District’s operation and maintenance of the Swim Amenities are in

compliance with all requirements of applicable law, including but not limited to Florida’s Public Pool Code, Chapter 64E of the Florida Administrative Code, as well as any County-approved safety plan(s).

It is misguided and unfair to think that Vesta would not charge us for additional support personnel. This fixed rate issue works both ways. Since the closing of the amenities, Vesta has been using the down time to train employees on the new Square system and other areas of concern. We will not get charged a fixed rate for April. We will get charged a reduced rate based upon the hours worked. Let me take it one step further. If Vesta does a great job with the afterschool program and it doubles in size requiring Vesta to hire more employees to make sure the program is safely run, would you expect all the revenue to go to the district and all the expense to go to Vesta? Conversely, if more parents decide to home school next year so there is less demand for the afterschool program, would you expect the district to pay Vesta for employees they no longer need or would use?

Mike Eckert wrote the addendum looking out for the district’s best interests. Mike Eckert believes the pool attendants were always supposed to be billed hourly under the existing contract and he also believes clarification and revision of the contract through this addendum is in the District’s best interest. I really do not understand the concern about moving forward. I believe that most members of the Board believe we are receiving a much higher level of professionalism with Vesta and we are receiving it at a reduced cost.

If all else fails we can invoke Section 13 of the contract which allows the Board to terminate the agreement upon 45 days written without cause.

I urge my fellow Board members to approve the addendum without delay.

Year ended 9/30/19 plan

Year ended 9/30/19 actual

Fiscal 2020 plan Vesta Category

Vesta contract with Addendum

Year ended 9/30/19 plan

Year ended 9/30/19 actual

Fiscal 2020 plan

(From General fund) General Manager $110,220WTS Management fee Admiral Pointe $11,250 $8,250 $9,000 Operations Manager $83,160 Commission based RevenueOn site staffing (Rizzetta Maintanence) $270,000 $225,181 $270,000 Personal Training Commissions $33,000 $34,070 $34,835WTS Management fee (Clubhouse) $36,000 $33,000 $36,000 Grounds Maintenance Tech 1 $43,955 Group Fitness Commissions $19,872 $17,392 $20,075

Grounds Maintenance Tech 2 $16,475 Tennis Commissions $50,025 $49,609 $52,477(From Enterprise fund) Aquatics Commissions $3,302 $1,550 $3,863Payroll Management $106,905 $101,640 $103,008 Amenities Mgmt $58,080 Total Commission based Revenue $106,199 $102,621 $111,250Payroll Administrative $37,644 $20,033 $20,628 Administrative Amenities $26,360Payroll Reception $71,808 $61,693 $66,732 Reception / Gym $74,615Maintenance Payroll $88,476 $88,622 $86,832 Gym Janitorial $26,900

Tennis Maintenance* $30,850 Commission based expensePayroll Pool Attendants $80,616 $37,207 $75,482 Pool Monitors (546 hrs.) $8,600 Personal Training Commissions $16,500 $26,745 $17,418

Waterslide Lifeguards (2928 hrs) $46,111 Group Fitness Commissions $14,352 $19,698 $14,352F & B Pool Attendants (364 hrs) $5,824 Tennis Commissions $37,519 $34,002 $36,734

Program Attendants $0 $45,538 $0 Events Attendants (180 hrs) $2,880 Aquatics Commissions $1,761 $576 $2,189Afterschool / Camp (3183 hrs) $50,928 Total Commissions $70,132 $81,021 $70,693

Payroll Outfitters $27,693 $20,276 $17,418 Outfitters $3,960 Estimated benefit % 28.02% 22.71% 25.32%Payroll Café $8,394 $82,070 $79,994 Café attendants $85,975 Estimated benefit cost $19,653 $18,404 $17,898

Total cost for Commission based employees $89,785 $99,425 $88,591Payroll Taxes $48,772 $43,028 $42,708Payroll HR Admin Support $14,248 $13,648 $12,661 % Commission to sales w/o benefitsBenefits $56,120 $47,700 $59,920 Swim Amenities** see below $0 Personal Training Commissions 50.00% 78.50% 50.00%Workers Compensation $18,636 $17,852 $16,561 Group Fitness Commissions 72.22% 113.26% 71.49%

Tennis Commissions 75.00% 68.54% 70.00%Total $876,562 $845,738 $896,944 Aquatics Commissions 53.33% 37.16% 56.67%

Calculation of benefit expense % Commission with estimated benefits to sales Payroll cost only from above $421,536 $457,079 $450,094 Personal Training Commissions 62.00% 96.33% 62.66%Payroll cost Commissions $70,132 $81,021 $70,693 Group Fitness Commissions 105.64% 138.99% 89.59%Total payroll costs $491,668 $538,100 $520,787 Tennis Commissions 96.82% 84.11% 87.72%Cost of taxes, HR, Benefits, workers comp $137,776 $122,228 $131,850 Aquatics Commissions 145.45% 45.60% 71.01%% of taxes, benefits, HR, WC cost to total payroll 28.02% 22.71% 25.32% Total % Commission with estimated benefits to sales 84.54% 96.89% 79.63%Estimated benefit cost $118,123 $103,824 $113,952Poseidon Pool Maintanence $50,000 $39,528 $47,000 Vesta pool chemicals $22,000 Value of Addendum that agrees to 70/30 split $15,445 $27,590 $10,716

Pool Maint. Services $47,520Estimated total cost without commission based employees $906,909 $866,862 $926,046Estimated benefit cost for commission based employees $19,653 $18,404 $17,898

$744,413

*Tennis Maint. Added after original proposalSwim Amenities** original cost $97,645Replaced withWaterside Lifeguards (2928 hrs) $46,111Pool Monitors (546 hrs.) $8,600F & B Pool Attendants (364 hrs) $5,824Afterschool / Camp (3183 hrs) $50,928Events Attendants (180 hrs) $2,880

$114,343

Total increase over Swim Amenities $16,698

I went to the year ended September 30, 2019 financials and listed the plan, actual and 2020 budget for all items concerning Rizzetta Maintanence and WTS costs. As you can see, the plan for 2019 excluding commission based employees was $906,909. The actual was $866,862 and the 2020 plan was $926,046. The WTS data had many non payroll categories as separate line items. Items such as Payroll taxes, Payroll HR Admin support Benefits and Worker's Compensation would need to be applied to the commission based employees. WTS included these costs for the commission based employees but Vesta agreed to a straight 70/30 split in the addendum. Total Vesta costs with the addendum total $744,413. Based on the 2020 planned numbers with approval of the straight 70/30 split, there would be a reduction of costs of another $10,716. The actual cost to the district in 2019 was $926,046. The Vesta contract cost with the addendum would be $733,697 ($744,413‐$10,716)

EXHIBIT 17C

Who: HGS

What: First Addendum between Harbor Bay CDD & VESTA Property Services (see analysis)

When: May Meeting

Budget Impact: Increase Contract - $16,702.50

Decision: Approve Vesta Contract Addendum



Agenda Request

To: Board of Supervisors From: Michael C. Eckert, HGS Date: March 10, 2020

ISSUE: Consideration of First Addendum to Agreement with Vesta Property Services, Inc. (“Addendum”)

ANALYSIS/INFORMATION: Vesta began its Amenity Management services in January, 2020. Since that time, various questions have arisen regarding the operational and accounting provisions in the Agreement Between Harbor Bay Community Development District and Vesta Property Services, Inc. for Amenity Center Management Services and Grounds Maintenance Management Services. To resolve these questions, District Counsel has worked with Vesta to develop the Addendum. Below is a summary of the changes / clarifications of the Agreement encapsulated in the draft Addendum.

Addendum Section 2 - Removes $97,645 from Agreement for Pool Attendants - Clarifies compensation for pool attendants and lifeguards will be based on hours actually worked at $15.75 per hour and provides a not-to-exceed amount of $54,715.50 based on 3,474 total hours - Provides a not-to-exceed amount of $5,824 for pool attendants providing food and beverage services poolside based on 364 hours - Provides for monthly reporting and invoicing requirements to back up hourly charges

Addendum Section 3 - Provides the District will receive 100% of the Revenues from Children’s Programs

-Instead of revenue sharing, provides that Vesta will be paid based on hours actually worked by program attendants for Children’s Programs at $16.00 per hour and provides a not-to-exceed amount of $50,928 based on 3,183 hours

- Instead of revenue sharing, provides that Vesta will be paid based on hours actually worked by program attendants for adult programs and events at $16.00 per hour and provides a not-to-exceed amount of $2,880 based on 180 hours

- Provides the District shall receive 30% of revenues generated by recreation instruction provided by Vesta


Addendum Section 4 - Provides clarity as to invoices for food and beverage operations

- Provides the District shall be responsible for operating deficits for food and beverage operations, and shall receive any operating surpluses - Provides for Board oversight of significant food and beverage pricing changes

EXPECTED COMPLETION DATE: N/A - Annual Contract BUDGET IMPACT-AMOUNT( RECURRING/RESERVE/ETC): District Counsel defers to the District Manager and Vesta to determine and advise on budget implications. The Addendum deletes $97,645 earmarked for pool attendants from the Agreement with Vesta and replaces it with not-to-exceed amounts totaling $114,343 for both pool and program attendants. This increase is offset by the fact that the District would now receive 100% of the revenues from Children’s Programs and 30% of the revenue from all classes and lessons regardless of whether offered by Vesta or its subcontractor. Whether this offset is partial or total is a matter for the District Manager and Vesta to project. It is also clarified the District would be responsible for any deficits for food and beverage operations and the District would receive any surpluses. DECISION TO BE MADE: A) Approve Addendum as Presented;

B) Direct Staff to Revise Addendum and Approve; or

C) Take No Action.

ATTACHMENTS: 1) FIRST ADDENDUM TO AGREEMENT BETWEEN HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT AND VESTA PROPERTY SERVICES, INC. FOR AMENITY CENTER MANAGEMENT SERVICES AND GROUNDS MAINTENANCE MANAGEMENT SERVICES

2) MEMORANDUM FROM VESTA

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FIRST ADDENDUM TO AGREEMENT BETWEEN HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT AND VESTA PROPERTY SERVICES, INC. FOR

AMENITY CENTER MANAGEMENT SERVICES AND GROUNDS MAINTENANCE MANAGEMENT SERVICES

THIS FIRST ADDENDUM (the “Addendum”), dated March ______, 2020, modifies the compensation structure for certain services outlined in that certain Agreement Between Harbor Bay Community Development District and Vesta Property Services, Inc. for Amenity Center Management Services and Grounds Maintenance Management Services, dated November 21, 2019 (the “Agreement”), as amended from time to time, by and between:

HARBOR BAY COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in Hillsborough County, Florida, with a mailing address of 250 International Parkway, Suite 280, Lake Mary, Florida 32746 (the “District”); and VESTA PROPERTY SERVICES, INC., a Florida corporation, with a mailing address of 245 Riverside Avenue, Suite 250, Jacksonville, Florida 32204 (“Contractor” and, together with the District, the “Parties”).

WHEREAS, the Agreement has been in effect for approximately four months and various issues have arisen regarding interpretation of the Agreement as well as its administration; and WHEREAS, a new pool safety plan has been adopted by the District which imposes additional pool staffing requirements not previously anticipated; and WHEREAS, the Parties desire to modify the revenue and expense treatment under the Agreement for Recreation Programming (defined below); WHEREAS, instead of the District receiving a percentage of the revenues for after-school children’s recreation programs and summer children’s recreation programs (collectively “Children’s Programs”), the Parties desire that the District will receive one hundred percent of the revenues from Children’s Programs; and WHEREAS, instead of the Contractor receiving a percentage of the revenues for Children’s Programs, the Parties desire that the Contractor will be paid an hourly rate for staffing the Children’s Programs; and WHEREAS, the Parties desire to establish a split of revenues for known Recreation Programming and provide a process for establishing revenue splits for future, different types of Recreation Programming; and WHEREAS, the Parties desire to clarify certain operational and accounting matters related to food and beverage operations.

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NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINED TERMS. All definitions and capitalized terms shall have the same

meanings as in the Agreement unless otherwise defined herein. 2. MODIFIED COMPENSATION STRUCTURE FOR POOL ATTENDANTS / LIFEGUARDS – TASK 3. The annual compensation amounts contained in Section 5.A. of the Agreement for “Task 3 – Swim Amenities” are hereby removed from the Agreement. Instead, compensation for pool attendants and lifeguards shall be paid to Contractor based on hours actually worked. The hourly rate to be paid by the District to Contractor for pool attendants and lifeguards shall be fifteen dollars and seventy-five cents ($15.75), not to exceed fifty-four thousand, seven hundred fifteen dollars and fifty cents ($54,715.50) per year based on three thousand, four hundred seventy-four (3,474) hours anticipated to be worked. In addition, the hourly rate to be paid by the District to Contractor for pool attendants providing poolside food and beverage service shall be sixteen dollars ($16.00), not to exceed five thousand, eight hundred twenty-four dollars ($5,824.00) per year based on three hundred sixty-four (364) hours anticipated to be worked. Each monthly invoice submitted by Contractor shall separately identify the number of hours actually worked and the charges for the hourly work in the preceding month. No portion of this not-to-exceed amount shall be attributable to program attendants or any other tasks or services. This change shall be retroactive to the date of the Agreement. The Parties shall work together to perform any necessary accounting as a result of this change.

3. MODIFIED COMPENSATION STRUCTURE FOR RECREATION PROGRAMMING – Section 8 of the Agreement is hereby replaced in its entirety with the following:


A. Recreation, sports and other programs such as tennis lessons, fitness activities, and/or aquatic lessons (“Recreation Programming”) shall be reasonably priced, with the objective of maximizing Patron participation.

B. Contractor shall provide Children’s Programs. Recreation

Programming shall include all Children’s Activities (as defined in Exhibit A, Task 2), except for Children’s Programs. Recreational Programming shall also include special event staffing. With the exception of staffing and management costs, the out-of-pocket expenses associated with a special event shall be borne by the District. Contractor shall not hire a Subcontractor to run the Children’s Programs absent prior Board approval. Contractor shall not receive any percentage of the revenues derived from the Children’s Programs. One hundred percent (100%) of the revenues from the Children’s Programs shall be remitted to the District. Contractor’s sole compensation for providing the Children’s Programs shall be payment by the District for program attendants at an hourly rate of sixteen dollars ($16.00), not to exceed fifty thousand, nine hundred twenty-eight dollars($50,928.00) per year based on three thousand, one hundred eighty-three (3,183) hours anticipated to be worked. In addition, the hourly rate to be paid by

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the District to Contractor for program attendants for adult programs and events shall be sixteen dollars ($16.00), not to exceed two thousand, eight hundred eighty dollars ($2,880.00) per year based on ninety (180) hours anticipated to be worked. Each monthly invoice submitted by Contractor shall separately identify the number of hours actually worked and the charges for the hourly work in the preceding month. No portion of this not-to-exceed amount shall be attributable to pool attendants, lifeguards or any other tasks or services. This change shall be retroactive to the date of the Agreement. The Parties shall work together to perform any necessary accounting as a result of this change.

C. Contractor may offer instruction directly by Contractor’s staff for the District’s Recreation Programming (excluding Children’s Programs) in exchange for a share of the program revenues upon approval by the District’s Board of Supervisors in accordance with District rules and policies. The participants of these programs shall be charged directly by Contractor for such Recreation Programming. Unless otherwise approved by the Board, the participants of these programs shall be charged directly by Contractor for such Recreation Programming, with thirty percent (30%) of all program revenues remitted to the District and seventy percent (70%) to the Contractors. Contractor shall report revenue sharing and remit payment to the District on a quarterly basis, within ten (10) days after the end of each quarter period ending on March 31, June 30, September 30 and December 31. This change shall be retroactive to the date of the Agreement. The Parties shall work together to perform any necessary accounting as a result of this change.

D. The District understands that Contractor may subcontract with contractors (“Subcontractors”) from time to time and in connection with provision of the Recreation Programming. Unless otherwise approved by the Board, the participants of these programs shall be charged directly by Contractor for such Recreation Programming, with thirty percent (30%) of all program revenues remitted to the District and seventy percent (70%) to the Subcontractors. Contractor shall report revenue sharing and remit payment to the District on a quarterly basis, within ten (10) days after the end of each quarter period ending on March 31, June 30, September 30 and December 31. Notwithstanding anything to the contrary herein, Contractor shall be responsible for all acts or omissions of any Subcontractor retained by Contractor pursuant to the terms of the Agreement, to the same extent as Contractor is responsible for its own acts or omissions. In the event that Contractor desires to subcontract for Recreation Programming, Contractor shall ensure that a contract, in the form attached hereto as Exhibit D, is executed and in force between Contractor and any Subcontractor. Further, the District reserves the right to require Contractor to replace any Subcontractor for cause, provided however that the District first provides Contractor with a reasonable opportunity to cure (not to exceed 30 days).

E. Should the District determine that the cost of a program(s) offered

by the Contractor is too expensive, the District shall have the option to inform

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Contractor in writing that the District is reducing the percentage of program revenues to be paid to the District, and Contractor shall reduce the cost of the programming charged to residents by an amount equal to the total amount being waived by the District.

4. CLARIFICATION OF OPERATION AND ACCOUNTING FOR TASK 4 – FOOD AND

BEVERAGE OPERATIONS; ALCOHOL SALES AND LIQUOR LICENSE. Invoices for supplies and inventory related to food and beverage operations shall be issued to “Harbor Bay CDD c/o Vesta Property Services, Inc.” and shall be addressed to 245 Riverside Avenue, Suite 250, Jacksonville, Florida 32204. These invoices will be paid by Contractor on behalf of the District. To the extent there is a deficit in food and beverage operations in a month, Vesta shall seek reimbursement from the District for such deficit advanced by Vesta. To the extent there is a surplus in food and beverage operations in food and beverage operations in a month, Vesta shall pay such surplus to the District. The formula for determining whether a deficit or surplus has occurred shall be the gross revenues of the food and beverage operations minus the expenses of the food and beverage operations. The costs of staffing the food and beverage operations shall not be included in this calculation. Contractor shall undergo training on the coding of the invoices and revenues as required by the District’s manager. Contractor shall provide the detail of revenues and expenses for food and beverage operations as required by the District’s manager, and in the format required by the District’s manager.

The Contractor shall have the authority to adjust food and beverage item pricing within twenty-five percent (25%) of the pricing in effect on March 1, 2020. If Contractor desires to adjust a food and beverage item pricing more than twenty-five percent (25%), Contractor shall bring the proposed price adjustment to the attention of the Board at a public meeting for the Board’s advice and consent.

5. FINAL AGREEMENT. This Addendum, together with the Agreement, represents

the entire understanding between the District and the Contractor with regard to the compensation for “Task 3 – Swim Amenities” under sections 4 and 5 of the Agreement, the compensation for Recreation Programming and Children’s Programs under section 8 of the Agreement, and the operation and accounting for “Task 4 – Food and Beverage Operations; Alcohol Sales and Liquor License” under section 4 of the Agreement. Except as expressly amended herein, the Agreement shall remain unchanged and in full force and effect, and the Parties hereby ratify and confirm all terms of the Agreement as modified herein. The terms of the Agreement shall govern the terms of this Addendum, except this Addendum shall control to the extent any of the provisions of this Addendum are in conflict with the provisions of the Agreement.

6. EFFECTIVE DATE. This Addendum shall have an effective date as of the day and year first written above. IN WITNESS WHEREOF, the Parties execute this Addendum on the day and year first written above. HARBOR BAY COMMUNITY

DEVELOPMENT DISTRICT

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_____________________________ _____________________________________ Witness Chairperson, Board of Supervisors

VESTA PROPERTY SERVICES INC., a Florida for profit corporation

____________________________ _____________________________________ Witness By: __________________________________ Its: __________________________________

The following information is Vesta’s recounting of what was (1) requested by the District through its

RFPs for Amenity Management and Grounds Maintenance Management Services; (2) Proposed by

Vesta in our written Proposal in response to the RFPs; and (3) stated in our written Contract with the

District. The most pertinent information regards our recent discussion with the Board regarding a

provision of “pool attendants” (referred to in “Task 3 – Swim Amenities” of the RFP, Proposal, and

Contract) to staff the District’s water slide in fulfillment of pool safety guidelines recently

communicated to District Staff and whether our Contract funds this service as well as the provision

of “program attendants” to carry out the District’s various recreational programs and events.

The information that follows this initial, two-page summary of our request to amend our agreement,

under the heading of “Background Details,” shows a great deal of consistency between the District’s

RFPs, Vesta’s Proposal, and our Contract in terms of the staffing levels and positions that were agreed

to by both parties, and yet there was a “gray area” or “gap” between what was laid out in the RFP,

what was shown in the District’s Budget, what was Proposed and agreed to by Vesta in our Contract,

and what had actually been provided by WTS in the past and was expected to be provided for the

District in the future regarding Recreation Programs/Activities. More specifically:

I. There is consistency/uniformity regarding the provision of “pool attendants” under “Task 3” such that

our contract adequately funds the provision of such staff for the water slide.

II. However, there is an omission of references in the RFP, Vesta’s Proposal, or the Contract to staff the

District’s programs. (There is a reference under “Task 2 – Event Planning Services” for Vesta to plan,

administer and coordinate programs for the residents.)

III. While the Pricing section of the RFP requested that the proposer’s information include “Complete

pricing showing the total cost of providing the services, broken down as set forth on the following price

proposal form,” Vesta’s position is that the RFP’s detailed scope-of-work section requested that the

proposer state the “Staffing Level and Positions” associated with fulfilling these various services. This

is why Vesta not only listed this information in our Proposal (as reproduced below under “Background

Details”) but also provided a one-page list of the “On-Site Personnel” which included their Position

Titles (also reproduced below under “Background Details.”) These positions (and only these positions)

then were incorporated into our Contract (Page 4) (again, as reproduced below under “Background

Details.”)

IV. The District’s ‘19-‘20 Budget that was available during the RFP process included a reference to “Pool

Attendants” gross wages = $75,482. There was no reference to “Program Attendants” in the Budget

at that time. Vesta believed that the RFP’s “Task 3 – Swim Amenities” referred to this line item of

“Pool Attendants” and submitted our Proposal accordingly (showing “Annual Gross Compensation”

of $73,975 for “Pool Attendants” and a “Total Management Fee” of $97,645.)

V. Vesta agrees that in retrospect both the Board’s and Vesta’s intention was to enter into a “fixed-price

contract” rather than the previous approach of “pass-through costs” plus a flat management fee. As

shown by some of the “Background Details” below, Vesta attempted in good faith to be very

transparent regarding both our analysis and understanding of the District’s Budget as well as spelling

out the Staffing Levels and Positions of our Proposal (including providing specific information on our

staff’s compensation, though this was not required by the RFPs.) However, we specifically stated at

least one exception to the “fixed-price” approach by excluding the provision of program instructors

in our fixed management/staffing fee, due to our being able to clearly identify the District’s “70/30

revenue split” with certain instructors in the Budget but it not being described clearly in the RFP (this

is described in Section 8 of the Contract, “Recreation Programming Revenues; Subcontractor.”

VI. Subsequent to the Board’s decision to award Vesta the contracts, we received from WTS and

Supervisor Lockom the 2019-2020 Budget that included the following information shown below:

PAYROLL: ACTIVITIES/PROGRAMS 735

ACTIVITIES STAFF

$35,833

PROGRAM SPECIALIST

$15,600

BASKETBALL MONITORING STAFF $4,944

465

POOL MONITORING STAFF

$18,640

TOTAL ACTIVITIES WAGES $75,482

As confirmed by Supervisor Lockom, the Budget provides for a total of 3,183 labor-hours for

“Program Attendants” (to staff children’s programs such as the afterschool program and summer

camp) and 2,013 hours for “Pool Attendants” = 5,186 total labor-hours by the Programs/Activities

staff. As previously perceived by at least some Board Supervisors, these hours and associated costs

are sufficiently covered by “Task 3 – Swim Amenities” within our existing contract with the District.

VII. On Feb. 20, the Board approved a Not-To-Exceed amount of $41,111 for staffing the water slide

through Sept. 30, 2020. This amount, plus an estimated $5,000 to staff the water slide from Oct.

– Dec. of 2020, = a total of $46,111 for Year 1 (essentially 10 months) for staffing the water slide.

In our view, the issue at the heart of Vesta’s request to amend our agreement is: The 6,100 total hours

for our contracted “Swim Amenities” fee of $97,645 is insufficient to cover 7,201 hours as follows:

A. Pool Attendants/Lifeguards:

1. Staffing of water slide by Lifeguards: 2,928 total hrs. (for 10 months) x $15.75/hr. = $46,111

2. Staffing by a Pool Monitor at the entrance gate to enforce pool policies: 13 wks. in summer,

7 days/wk. from 11 – 5 pm, = 546 total hrs. x $15.75/hr. = $8,599.50

3. Staffing to provide poolside F & B service for residents by a “Pool Attendant:” 13 wks. in

summer, 7 days/wk. from 12 – 4 pm, = 364 total hrs. x $16/hr. = $5,824.00

• The NTE amount now for Pool Attendants/Lifeguards = $60,539.50

B. Program Attendants:

1. Staffing of children’s programs: 3,183 hrs./yr. x $16/hr. = $50,928.00

2. Staffing of adult events: 15 hrs./month = 180 total hrs./yr. x $16/hr. = $2,880.00

• The NTE amount now for Program Attendants = $53,808.00

The Total NTE costs = $114,347.50 ($60,539.50 + $53,808) vs. $97,645 currently in our contract.

So, Vesta’s request for an additional, total Not-To-Exceed amount for our contract is $16,702.50.

Background Details

I. From Vesta’s Cover Letter of our Proposal:

In our further effort to be as detailed and transparent as possible, our material concludes with a one-page table showing the on-site personnel’s gross wages, the associated total costs to the District, and the expected workhours for each of the positions within our proposed staffing structure. We follow that with a one-page comparison of our proposed costs to the District vs. the relevant expenses within your 2020 budget. Vesta is also providing an Alternate Proposal that could combine some management functions and reduce our management fee, but at a somewhat-reduced level of service to the District.

We would like to emphasize that our Proposals are based upon (1) our desire to generally

maintain the District’s current, on-site, hourly staffing positions (as we currently understand

them and at least during an initial period of transition and acclimation), and (2) our overriding,

joint commitment to enable the District to be managed and function much more effectively,

efficiently and productively.

II. From Vesta’s Proposal (The RFP was organized by “Tasks,” Scope of Work, and “Proposed

Staffing Level and Positions;” below are the lists of Tasks and Vesta’s Proposed Staffing Levels

and Positions.)

Task 1 – AMENITIES MANAGEMENT AND STAFFING A. General Manager.

Proposed Staffing Level and Positions: One (1) Vesta associate shall be employed as a full-

time, salaried, year-round individual to fulfill the General Manager scope-of-work and requirements

shown above.

B. Amenities Management.

Proposed Staffing Level and Positions: Multiple Vesta associates shall be employed to handle

the Amenities Management scope-of-work and requirements outlined above. These primarily

would consist of the following positions:

• Resident Services Manager – one (1) full-time, salaried, year-round individual

• Administrative Personnel – one (1) full-time, hourly, year-round individual

• Reception/Guest Services Personnel – three (3), hourly, year-round individuals

Task 2 – EVENT PLANNING SERVICES Proposed Staffing Level and Positions: Vesta is proposing that its one (1). full-time, on-site

Resident Services Manager listed above fulfill this scope-of-service.

Task 3 – SWIM AMENITIES SERVICES Vesta shall oversee the management of the District’s swimming amenities (e.g., the swimming

pools, slide, etc.) (together, “Swim Amenities”), including the following:

Proposed Staffing Level and Positions: A staff of multiple “Pool Attendants” shall be employed

to fulfill the Swim Amenities Services scope-of-work outlined above. This shall consist of some

combination of full-time and part-time, hourly associates whose schedules shall align with the pool

season(s). With over $80,000 currently budgeted for FY 2019-2020, this will likely require a staffing

level of 8 - 10 Vesta associates over the course of the year.

Task 4 – FOOD & BEVERAGE OPERATIONS; ALCOHOL SALES & LIQUOR LICENSE Proposed Staffing Level and Positions: Based upon the Budgeted sales of the District’s café,

Vesta is proposing an F & B staff of essentially three positions: a lead cook and two attendants

(one full-time and one part-time.) All of these would be hourly, year-round positions (unless the

café closes during the off-season, in which case these costs would be lowered accordingly.)

Task 5 – JANITORIAL SERVICES Proposed Staffing Level and Positions: One (1) Vesta associate shall be employed part-time,

year-round to handle the janitorial services scope of work outlined above.

Task 6 – POOL MAINTENANCE SERVICES Proposed Staffing Level and Positions: One (1) Vesta associate shall be employed year-round

to handle the pool maintenance scope of work outlined above. Typically, Vesta combines this task

with other on-site maintenance duties within the one position, in order to maximize operating

efficiency for the District and enhance the operating performance by Vesta by having this individual

in position to immediately respond to the most pressing issue of the day or hour, whether that be

dealing with the pools, tennis courts, fitness equipment, playground, or other amenities.

GROUNDS MAINTENANCE MANAGEMENT SERVICES

Proposed Staffing Level and Positions: Vesta’s Organizational Chart for the combined Amenity

Management and Grounds Maintenance Management services shows the position of “Operations Manager.” This individual is one (1) of 3 FTE’s and would be a full-time, year-round position. Vesta

would utilize the Operations Manager (plus one (1) full-time Maintenance Tech; approximately 34%

of a Maintenance Tech 2 position (the other 66% would be devoted to Pool Maintenance; our Pricing

Form reflects this allocation); and a third, part-time Maintenance Tech to continue coverage for

maintenance needs on the weekends) to oversee and manage not only common areas maintenance

but also the maintenance and repairs of the District’s amenity facilities.

HARBOR BAY CDD AMENITY & GROUNDS MAINTENANCE MANAGEMENT (Year 1) ON-SITE PERSONNEL* COMPENSATION & VESTA MGMT. FEE

POSITION by TITLE

ANNUALIZED EXPECTED

GROSS COMPENSATION

MARK-

UP = 32%**

TOTAL MGT. FEE EXPECTED WORK HRS. / WEEK

General Manager $83,500 $110,220 40+

Operations Manager 63,000 83,160 40+

Resident Services Mgr. 44,000 58,080 40



Maintenance Tech 3 12,480 16,475 16 Reception / Resident



Services 3 9,985 13,180 16

Administrative 19,970 26,360 24

Café Attendant 1 20,930 27,630 35

Café Attendant 2 10,920 14,415 20

Café Cook 33,280 43,930 40

Janitorial/Cleaning Staff 20,380 26,900 28

Pool Attendants 73,975 97,645 Varies by Season

Outfitters Attendant 3,000 3,960 TBD

*Excl. Commission-based

Personnel (aquatics, fitness, tennis)

**Incl. payroll taxes, benefits, workers comp., payroll processing & HR

support, etc.,

and Vesta’s Mgmt. Fee. Total = $511,260 Total = $674,865

NOTE 1: As part of this Proposal, Vesta is willing to maintain the District’s current Scope and

Schedule of Compensation/Revenue-Sharing related to Lessons, Activities and/or Programs.

Examples include Fitness Classes, Yoga Instruction, Tennis Instruction, and Swim Instruction.

NOTE 2: Vesta will be happy to modify the proposed positions, expected work-hours per week,

and associated costs shown above if we’ve misunderstood the proposed Budget or misjudged

the District’s needs currently or in the coming year(s). (See analysis below.)

Vesta Position Title CDD Budget RFP Task RFP Scope Vesta Mgt. Fee

Gross Wages

General Manager $103,008 1a Mgmt. & Staffing $110,220

Operations Manager GMM Grounds Maint. Mgt. 83,160

Resident Services Mgr. 1b Amenities Mgt. 58,080

Maintenance Tech. 1 $86,832 6 Pool Maint. Svcs. 47,520

Maintenance Tech. 2 GMM Grounds Maint. Mgt. 43,955

Maintenance Tech. 3 “ “ 16,475

Administrative 20,628 1b Amenities Mgt. 26,360

Reception/Resident Svcs. 1, 2 & 3 66,732 1b Amenities Mgt. 74,615

Janitorial Staff 5 Janitorial Svcs. 26,900

Outfitters Attendant 3,080 1b Amenities Mgt. 3,960

Café Cook 79,994 4 Food & Bev. 43,930



Pool Attendants 75,482 3 Swim Amenities 97,645

TOTAL ESTM. CDD BUDGETED GROSS WAGES: $435,756

Vesta Mgt. Fee: $674,865

NOTES:

Pool Maintenance Budget Assume Pool Operation. & Maint. Budget includes labor & pool chemicals. $33,400

+ Estm. Pool Chemicals Exp. (labor included above):

$22,000


*Yr. 1 Vesta Fee of $674,865 Includes:

Payroll taxes, payroll HR admin. support, benefits, & Work Comp.

On-site staff’s gross wages, payroll taxes & HR admin. support, benefits, Workers Comp., uniforms, bonuses, cell phones,

Total = $131,850 costs of overhead, Sr. Mgt. oversight & support, + gross profit.)


Uniforms, Employee Recog., & Cellular Phones Total = $2,200

• WTS Amenity Mgmt. Fee:

$36,000 + $9,000 Total = $45,000

• Rizzetta/Grounds Maint. Mgmt.

"Field Services” = $6,500

+ Sub-Total ESTM. GROSS WAGES: $435,756

= TOT. ESTM. BUDGETED EXP. $654,706

= TOT. VESTA PROPOSED EXP.

$696,865

III. From our Contract with the District:

4. SCOPE OF SERVICES.

A. Management. Contractor shall provide the following three (3) full-time, salaried, onsite

managers who shall be responsible for the general management and operation of the Amenity

Facilities and Common Areas:

i. General Manager. The General Manager shall generally oversee all facets of the Amenity

Facilities and Common Areas management and operation;

ii. Resident Services Manager. The Resident Services Manager shall generally support and

assist General Manager in carrying out day-to-day responsibilities, with a focus on all

matters that directly relate to the residents’ lifestyle experience in MiraBay;

iii. Operations Manager. The Operations Manager shall generally oversee maintenance,

repair, and replacement of the Amenity Facilities and the Common Areas, including

oversight of and coordination with other District contractors, vendors, and/or service

providers.

B. Staffing. Contractor shall provide the following onsite staffing:

i. Administrative Personnel. Contractor shall provide one full-time, hourly, year-round

individual to perform administrative tasks.

ii. Reception/Guest Services Personnel. Contractor shall provide three hourly, year-round

individuals to perform reception/guest services-related tasks.

iii. Pool Attendants/Lifeguards. Contractor shall provide multiple (likely between eight to ten

over the course of a year) full-time and part-time, hourly associates whose schedules shall

align with the pool season(s).

iv. Lead Cook and Food Attendants. Contractor shall provide three individuals (one lead cook

and two attendants, one full-time and one part-time) to perform food and beverage

services.

v. Janitorial Personnel. Contractor shall provide one part-time, year-round individual to

perform the janitorial services.

vi. Maintenance Technicians. Contractor shall provide three maintenance technicians (two

full-time, year-round; one part-time) individuals to assist the Operations Manager with

maintaining the Amenity Facilities and the Common Areas. One of the two full-time

maintenance technicians will devote full-time hours to pool maintenance during the pool

on-season, and during the off-season will devote available capacity to other maintenance-

related tasks and projects.

C. Sufficiency. By entering into this Agreement, Contractor affirms staff positions identified in

this Section shall be sufficient to provide the District the maximum benefit of the Services.

If the District determines, in its sole discretion, that Contractor is unable to deliver the

Services at a high quality due to insufficient management and/or staffing, the District may

request Contractor propose modifications to its staffing or terminate this Agreement with

cause as provided in Section 12 herein. At any time during the term of this Agreement, if

Contractor believes a different management and staffing structure would be more beneficial

to the District, Contractor may propose such changes to the District.

5. COMPENSATION; TERM. Contractor shall be compensated for providing the Services

described in Exhibits A and B in accordance with the following terms:

A. Fee Schedule:

Standard Service Description Annual Fee1

Year 1 Year 2 Year 3 Year 4 Year 5

A. Amenity Center Management Services

i. Task 1 – Management and Staffing

a. General Manager $110,220 $112,425 $114,675 $117,540 $121,065

b. Amenities Management $133,975 $136,655 $139,390 $142,875 $147,160

ii. Task 2 – Event Planning Services $29,040 $29,620 $30,215 $30,970 $31,900

iii. Task 3 – Swim Amenities Services $97,645 $99,600 $101,590 $104,130 $107,255

iv. Task 4 – Food & Beverage

Operations; Alcohol Sales; Liquor

License

$85,975 $87,695 $89,450 $91,685 $94,435

v. Task 5 – Janitorial Services $26,900 $27,440 $27,990 $28,690 $29,550

vi. Task 6 – Pool Maintenance Services $29,450 $29,860 $30,460 $31,220 $32,155

B. Grounds Maintenance Management

Services2

$161,660 $164,895 $168,195 $172,400 $177,570

1 The Initial Term shall be billed pursuant to the fees provided for Year 1. Any Additional Terms shall be billed

pursuant to the fees provided for Years 2 through Year 5, unless otherwise agreed to by the Parties as provided for in

the Agreement 2 These Grounds Maintenance Management Services fees include one (1) full-time Operations Manager, one (1) full-

time Maintenance Tech 1, 33% of a second, full-time Maintenance Tech. 2, and one (1) part-time (weekends-only)

Maintenance Tech. Contractor will allocate the balance (67%) of the total cost of the Maintenance Tech 2 to the Pool

Maintenance Services


Recreation, sports and other programs such as tennis lessons, fitness activities, and/or aquatic lessons

(“Recreation Programing”) shall be reasonably priced, with the objective of maximizing Patron participation.

The District understands that Contractor may subcontract with contractors (“Subcontractors”) from time to

time and in connection with provision of the Recreation Programing. The participants of these programs shall

be charged directly by Contractor for such Recreation Programming, with thirty percent (30%) of all program

net revenues remitted to the District and seventy percent (70%) to the Subcontractors.

The intersection or summary of the District’s RFP, Vesta’s contract, and the submitted Addendum is this:

1. It was the District’s intention to utilize its RFP to enter into a “fixed-price” contract for its amenity management (and grounds maintenance management) services. Vesta fully embraced in our Proposal this intent as well, as this is our standard practice and contract structure with other districts.

2. Great effort went into developing a clear, detailed and thorough RFP (likewise our Proposal), but the RFP overlooked providing a clear description of operating/staffing the District’s programs. This aspect was not listed as one of the “Tasks” in the RFP; the closest thing to program staffing was “Task 2, Event Planning Services.”

3. Several weeks after Vesta’s Proposal was accepted by the Board, we received more detailed O & M Budget information from Supervisor Lockom and WTS. This provided our first insight into the fact that either our contract’s “Task 3, Swim Amenities,” should have been better described in the RFP to include not only the staffing of the pool by Pool Attendants but also the staffing of resident programs by Program Attendants, or else our contract’s “Task 2, Event Planning Services” should have better addressed the need to include programs staff to carry out daily and seasonal activities and programs.

4. If not subsequently required to also staff the District’s water slide with two additional staff members, Vesta could have fulfilled the original scope-of-service for both Pool Attendants and Program Attendants within the amount originally stated in our proposal and now in our contract.

5. Vesta and District Counsel believe that the best way to (a) fulfill the desire for a “fixed-price” agreement for the vast majority of our contracted scope of work and (b) have the more “variable” component of providing pool and program staff that typically vary by season, etc., “capped” by a NTE authorization, and invoiced according to actual labor-hours provided by Vesta, is with this Addendum.

The following “Q & A” will provide more background and explain further details involved in this matter:

• Do you believe the contract does not define District events or programs, staffing for events or programs or both? In Vesta’s view, that is correct. The one reference to this scope of work is “Task 2, Event Planning Services.” (None of the other Tasks contain any reference to “events or programs,” staffing or otherwise.) The contract includes a list of Definitions beginning on Page 2; there is a reference to “Program Expenses” which “means the expenses associated with providing the various activities, events, and programs for patrons, as outlined in the O & M Budget.”

The “Scope of Services” that are listed on Pages 3 – 5 are mostly defined in terms of Staffing positions listed on Page 4 (see further details below), along with incorporating our Proposal as Exhibits to the contract. There does not appear to be a definition or reference to “staffing for events or programs, or both” in the contract, as part of this question is worded.

On Page 6 of the contract, it states that “The District will be responsible for all Operations Expenses and Programs Expenses and, except as otherwise provided herein for petty cash purchases, the District Manager shall directly pay vendors for such Operations Expenses and Programs Expenses.” The only other reference to “Programs” that we can clearly identify is on Page 8, entitled “Recreation Programming Revenues; Subcontractors,” which is mostly about the manner by which the revenue from certain programs is to be collected and disbursed.

• Do you believe the contract (a) mandates specific staffing levels and (b) was done in an incomplete manner?

(a) Yes, since the RFP requested a statement of “specific staffing levels” for each “Task” listed in the RFP, and then our contract specifically incorporated our proposed staffing levels (and only those staffing levels) on Page 4 (the “Contractor shall provide the following onsite staffing”) and then lists each of the positions and staffing levels (number of personnel for each position) that we proposed in response to the RFP.

(b) Page 4 lists “Pool Attendants/Lifeguards” but does not refer to “Program Attendants.” The contract would have been more complete if it listed the position of “Program Attendants,” but in Vesta’s view it did not because we did not list them in our proposal - because we did not identify any reference to this scope-of-work in the RFP’s “Tasks” (nor in the O & M Budget.)

• Do you believe specific errors in financial reporting available on the District’s website justifies the need for an addendum to the contract?

Vesta does not believe that “specific errors in financial reporting” were “available on the District’s website” during the RFP process. Rather, we believe that a part of the financial information in the District’s O & M Budget was noted or described incompletely during the RFP process and then more completely after our proposal was accepted by the Board.

The O & M Budget available from July – Sept. included one line item’s dollar amount ($75,482) along with the description of “Pool Attendants,” and then in November we were informed through information received from WTS and a Board Supervisor that this same line item and dollar amount actually referred to a combination of “Pool Attendants” and “Program Attendants” or activities personnel. In other words, the specific dollar amount for that line item was evidently not in error, but the description was incomplete during the RFP process.

• Do you believe the RFP was inaccurate or incomplete in specific ways that justifies an addendum to the contract?

Yes, for the reasons stated above. The RFP also did not include a reference to staffing of programs (such as after-school or summer camp) under any of its “Tasks.” As a result, the RFP’s reference to “Task 3, Swim Amenities,” which seemed to Vesta to clearly and directly correspond to the “Pool Attendants” description in the O & M Budget at that time, led us to address only the Pool Staffing or “Swim Amenities” (Task 3) in our proposal, but not the staffing of programs.

In hindsight, Vesta would have identified this “gap” during the RFP process if we had access to WTS’s more detailed budget information that it submitted to the District. However, since they were seeking to retain the contract, there was little-to-no likelihood of our being able to interact with them in order to receive this information.

Of course, any perceived or actual inaccuracies or incompleteness does not imply a desire by any of the parties involved in the drafting of the RFP, the response to the RFP, or drafting of the contract to obfuscate or cloud these issues. Vesta believes that everyone involved strongly preferred then (and still prefers now) as much specificity, clarity, and completeness as possible.

• How do any of these issues relate to the staffing of the District’s water slide?

Prior to identifying (during this past winter) the need to staff the water slide according to a consultant’s pool safety plan, the $97,645 in Vesta’s contract for “Task 3, Swim Amenities” would have been sufficient for both staffing the pool with Pool Attendants (to enforce pool policies and provide poolside F & B service) in the summer and staffing daily and seasonal programs with Program Attendants year-round.

However, providing additional staff specifically for the water slide, at a Not-To-Exceed (NTE) amount of $41,111 from March – Sept. or approximately $46,111 from March – Dec., would cause us to exceed the original, contracted fee of $97,645 (for 12 months) for “Swim Amenities.” Prior to the closing of the facilities due to COVID-19, Vesta believed that this additional necessary amount = $16,702.50, which would have enabled us to fully staff both the pool (including the water slide) and programs this year as outlined in this answer.

• Is the request for this Addendum affected by the amenities closure currently in effect?

While Vesta is still fully compensating its Programs personnel for the District and invoicing the District accordingly, we are not incurring any costs to employ Pool Attendants for the District, due to the amenities closure. As a direct result, the NTE amount of the pool staffing portion of the Addendum would now be lower if it’s adopted.

However, regardless of how “the dust settles” when it comes to these specific costs, Vesta still believes that adopting the core language of District Counsel’s Addendum would be in the best interests of the District. It would clearly enable the District to only pay for the staffing of the pool and programs according to labor-hours actually incurred by the Contractor (Vesta), while the remainder of the contract would essentially remain a “fixed-price” agreement. This would offer both the District and the Contractor “the best of both worlds” - the largest portion of the contract is consistent operationally from day-to-day and so its costs should be relatively certain; the other portion (involving staffing of the pool and programs) has a certain variability to it and so it’s more appropriate to have that portion contractually linked with actual labor-hours provided.

https://www.google.com/url?sa=i&url=https://vestapropertyservices.com/&psig=AOvVaw1H-hDBsbZB3VziLWf2X7DZ&ust=1586977338686000&source=images&cd=vfe&ved=0CAIQjRxqFwoTCNjc0bbN6OgCFQAAAAAdAAAAABAD

EXHIBIT 17D

Who: District Manager

What: Executed Vesta Contract for additional information

When: May Meeting

Budget Impact: N/A

Decision: N/A – presented for informational purposed only

harbor bay community opdevel ment …...2020/05/21 · • presentation of harbor bay cdd fy...

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