SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT

Transcription

1 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT HILLSBOROUGH COUNTY REGULAR BOARD MEETING & PUBLIC HEARING AUGUST 3, :00 P.M. Special District Services, Inc. The Oaks Center 2501A Burns Road Palm Beach Gardens, FL Telephone 877.SDS.4922 Toll Free Facsimile

2 AGENDA SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT 536 Bahia Beach Boulevard, Building B First Floor Ruskin, FL REGULAR BOARD MEETING & PUBLIC HEARING August 3, :00 P.M. A. Call to Order B. Proof of Publication Page 1 C. Establish Quorum D. Additions or Deletions to Agenda E. Approval of Minutes 1. July 13, 2018 Regular Board Meeting...Page 2 F. Reports 1. Financial Report.Page 8 2. Legal Report a. Update on Protecting CDD Rights Regarding AC and 99 Slip Marina T-Docks and Drafting Complaint b. Consider Approval of New Jet Ski Beach Rental Agreement to Include Charging for Beach Towels 3. Chairman s Report a. AC Marina Area Parking Action Taken Regarding Parking b. Discussion Regarding Trailers/Overnight Parking in CDD Parking Lots 4. POA Report a. Consider Approval of Proposal for Beach Fence...Page Bond Holder s Report 6. Landowner s Report a. Discussion Regarding WCI/Lennar Outstanding Issues b. Marketing Items: Consider Approval of Artist Proof for the Marketing Banners at the Entrance...Page 14 Consider Approval to Add SSYC Directional on the Main Ladder Board Discussion Regarding Enhancement of Front Signage (Little Harbor) c. Consider Approval of a Well Agreement for Maintenance Costs and Electrical Use/Costs d. Consider Approval of Acceptance of the O&M of New Landscape Recently Installed

3 G. Public Hearing 1. Proof of Publication...Page Receive Public Comments on Adopting a Fiscal Year 2018/2019 Final Budget 3. Consider Resolution No Adopting a Fiscal Year 2018/2019 Final Budget...Page 17 H. Old Business I. New Business 1. Consider Resolution No Adopting a Fiscal Year 2018/2019 Meeting Schedule...Page Consider Resolution No Adopting a Statewide Mutual Aid Agreement...Page Consider Appointment of Audit Committee & Approval of Evaluation Criteria...Page 31 J. Administrative Matters K. Comments by the Public for Matters not on the Agenda L. Board Members Comments M. Adjourn

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5 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JULY 13, 2018 A. CALL TO ORDER The July 13, 2018, Regular Board Meeting of the South Bay Community Development District was called to order at 1:00 p.m. in the Conference Room of Harborside Suites located at 536 Bahia Beach Boulevard, Building B, First Floor, Ruskin, Florida B. PROOF OF PUBLICATION Proof of publication was presented that notice of the Regular Board Meeting had been published in The Tampa Tribune on September 20, 2017, as part of the District s Fiscal Year 2018/2019 Regular Meeting Schedule, as legally required. C. ESTABLISH A QUORUM It was determined that the following Supervisors constituted a quorum and was in order for the meeting to commence: Chairman W. Thomas Grimm Present Vice Chairman Brett Vogeler Present Supervisor Vacant Supervisor Leah Popelka Present Supervisor Robert McCarthy Present The following staff were in attendance: District Manager Kathleen Dailey Special District Services, Inc. General Counsel Sunny Levine Gray-Robinson Also present were the following: Parker Hirens of Lennar; Travis Biggar, Antigua Cove HOA President; Zina Lucas, Manager; Gary Queen of Hooks Restaurant; Nancy Bryant of Carter Hospitality; Tara Brown, Robert Newhart & Rob Arias of Southshore Hospitality; James Leckie, Marina Manager; District resident Scott Watkins; Michael Brooks, Lennar Counsel (via telephone); and Kent Wanninger, District resident (via telephone). D. CONSIDER RESGINATION AND APPOINTMENT OF BOARD MEMBER AND ADMINISTER OATH OF OFFICE The Board considered the applications of Kelly Evans from Lennar and Travis Biggar of the Antigua Cove HOA. Mr. Vogeler noted that he preferred to see homeowners on the Board. Page 1 of 6 Page 2

6 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JULY 13, 2018 Mr. Vogeler made a motion to appoint Travis Biggars. His motion died for lack of a second. Ms. Popelka indicated that she had the opposite opinion, feeling that with the involvement of Lennar, it was important that they have a seat on the Board. Mr. Grim agreed with Ms. Popelka and stated, at this point the Board is made up of landowners and the seat was to be for Lennar. Mr. McCarthy agreed with Mr. Vogeler, but indicated that it was still a landowners election. He believes Lennar should still be on the Board, but the Supervisors should start thinking about residents being on the Board in the future. Ms. Popelka made a motion to appoint Kelly Evans to the Board. Mr. Grimm then passed the gavel to Mr. Vogeler and seconded Ms. Popelka s motion. Upon being put to a vote, the motion passed appointing Kelly Evans to the vacant seat on the Board by a vote of 3 to 1 with Mr. Vogeler dissenting. Ms. Dailey administered the oath of office to Kelly Evans and she took her place at the dais. E. ADDITIONS OR DELETIONS TO AGENDA Ms. Lucas requested and it was the consensus of the Board to add the topic of Roadway Signs as Item 4b under the POA Report. F. APPROVAL OF MINUTES 1. May 4, 2018, Regular Board Meeting The May 4, 2018, Regular Board Meeting minutes were presented for approval. Mr. Vogeler stated that the following typos needed corrected Page 7, 4c, 2 nd paragraph, Ms. McCarthy should be Mr. and on Page 9, under the resolution, 2 nd paragraph, Ma. Popelka should be Ms. A motion was then made by Mr. McCarthy, seconded by Ms. Popelka and carried unanimously approving the minutes of the May 4, 2018, Regular Board Meeting, as amended. G. REPORTS 1. Financial Report Ms. Dailey went over the financials. There were no questions. 2. Legal Report Page 2 of 6 Page 3

7 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JULY 13, 2018 Docks a. Update on Protecting CDD Rights Regarding AC and 99 Slip Marina T- Mr. Grimm gave the report since Mr. Cloud was absent. He noted that a hearing would take place with the Port Authority on August 21 st and that no action was needed until the outcome of the hearing is considered. b. Consider Draft Complaint Against Little Harbour Development Regarding AC Marina T-Docks and Authorize Counsel to File Mr. Grimm stated that this item would also be considered after the Port Authority hearing. c. WCI/Lennar Issues Discuss Legal Action On: Mr. Grimm stated that Michael Brooks would be meeting with WCI/Lennar on the various issues and action would be taken at a future meeting, if not handled: 1. Removal of Unapproved Sales Signs and Pole Banners 2. Removal of Unauthorized "Private" Road Street Sign 3. Require Corrective Clean-Up of AC Retention Pond Next to Unauthorized Concrete Wash Out Area 4. Status of Lennar Landscaping 3. Chairman s Report a. Update on Hooks Sign Removal Mr. Grimm thanked Gary Queen for having the sign moved and stated that he hoped to have community-wide common signage in the future. b. Update on Rope for Poles Around Tennis Courts Nancy Bryant stated that Harborside Suites would order rope and should have some left over that can be used around the tennis courts. c. Discussion Regarding POA Agreements with CDD that have Expired Mr. Grimm stated that the Jet Ski issue was being taken up later in the meeting and that the gatehouse, which is owned by the CDD and maintained by the POA, will need to be addressed in the future. He noted that signed copies needed to be forwarded to Mr. Cloud for the records. Page 3 of 6 Page 4

8 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JULY 13, 2018 d. AC Marina Area Parking Action Taken Regarding Parking Mr. Grimm indicated that he wanted to begin a discussion on this matter, as there are many designated spots and he was not sure if so many were needed. James Leckie responded that they were. Mr. Grimm advised that the issue will need to be addressed in the future. 4. POA Report a. Consider Additional Funding for Extra Work in N/A Parking Lots Ms. Lucas advised that she would obtain a quote for additional concrete stops in the south parking lot. Mr. Vogeler stated that the money should be saved and felt stops were not necessary. Ms. Lucas noted that she will have the stripes repainted until quotes are received. b. (ADDED ITEM) Roadway Signs Ms. Lucas advised that the Board had approved a vendor, but she had rejected several proofs. She indicated that additional funding would be needed and that County rules require stop signs to be on different poles than street names. She also wanted the colors changed to green backgrounds with white lettering. A motion was made by Mr. McCarthy, seconded by Ms. Popelka and passed unanimously approving the expenditure for additional poles and to change the colors of the roadway signs, as presented. 5. Consider Adoption of Policy Regarding Solicitation of Business by Outside Vendors Mr. Grimm advised that he had added this for discussion, as Mr. Cloud had advised that the Board could prohibit solicitation, but may need to adopt a formal ordinance in order to do so. Ms. Lucas noted that she has had to chase off ice cream trucks and suggested putting a No Solicitation sign on the guardhouse. Mr. Grimm noted that counsel was looking into the issue. 6. Authorize Action to Remove Unapproved Signs at AC Marina and AC, in General There was a general discussion on the removal of unapproved signs and Mr. Leckie indicated that he would look into the issue. 7. Consider Adoption of Interim Policy Regarding Removal and Approval of Signs on CDD Property until Formal Agreement with POA can be Reached Mr. Grimm tabled this item. Page 4 of 6 Page 5

9 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JULY 13, Bondholder s Report Ms. Popelka advised that she had worked with Reserve Advisors over the last month on updating the study. She indicated that they would like a copy of the final budget, once approved, and will then update the study with the corrected numbers. Ms. Dailey noted that she would provide Reserve Advisors with the approved budget after the final public hearing. 9. Landowners Report There was no Landowners Report at this time. H. OLD BUSINESS There were no Old Business items to come before the Board. I. NEW BUSINESS 1. Consider Approval of Request to Install Security Cameras at Townhome Light Poles Mr. Wanninger stated that the Board approved the request, provided there is a license agreement in place; however, he has not yet received the agreement Counsel. 2. Consider Approval of New Irrigation Well Agreement with WCI/Lennar Parker Hirens indicated that another well is recommended at the SE corner of the Little Harbor property. Mr. Grimm noted that he was not if favor of the CDD putting another well in place. Mr. Hirens stated he would work on this item and bring it back to a future meeting, if necessary. 3. Consider Approval of New Jet Ski Rental Agreement to Include Charging for Beach Towels Ms. Lucas stated that the original agreement was just for renting Jet Skis, but the vendor would like to add beach chairs and umbrellas. Mr. Grimm indicated that he would like to see something worked out for the residents and that insurance would need to be covered in the agreement. Mr. Grimm noted that this matter would be brought up at a future meeting. J. ADMINISTRATIVE MATTERS Ms. Dailey reminded the Board that the next meeting was scheduled for August 3, 2018, and that it also includes the final budget public hearing. She asked that anyone who intended to call in for a meeting in the future let he know, since conference calls are paid for by the CDD. Page 5 of 6 Page 6

10 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING JULY 13, 2018 K. COMMENTS FROM THE PUBLIC FOR MATTERS NOT ON THE AGENDA There were no comments from the public for matters not on the agenda. L. BOARD MEMBER COMMENTS There were no comments from the Board Members. M. ADJOURNMENT There being no further business to come before the Board, a motion was made by Mr. Vogeler, seconded by Mr. McCarthy and unanimously passed to adjourn the Regular Board Meeting at 2:47 p.m.. Secretary/Assistant Secretary Chair/Vice-Chair Page 6 of 6 Page 7

11 South Bay Community Development District Financial Report For June 2018 Page 8

12 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT JUNE 2018 Year Year Annual To Date To Date Budget Actual Actual Budget REVENUES 10/1/17-9/30/18 Jun-18 10/1/17-6/30/18 10/1/17-6/30/18 Administrative Assessments (On-Roll) 67,040 1,199 72,911 67,040 Administrative Assessments (Off-Roll) 153, , ,968 Maintenance Assessments (On-Roll) 91,199 1,633 99,155 91,199 Maintenance Assessments (Off-Roll) 208, , ,161 Debt Assessments - A1 (On-Roll) 613,443 10, , ,443 Debt Assessments - A1 (Off-Roll) 245, , ,958 Debt Assessments - B1 (Off-Roll) 464, , ,694 Other Income Lennar Contribution - Seawall Repairs ,092 0 Interest Income TOTAL REVENUES $ 1,844,175 $ 13,886 $ 1,738,592 $ 1,594,733 O & M EXPENDITURES Supervisor Fees 6, ,200 4,000 Payroll Taxes (Employer) Engineering 4, ,669 3,375 Surveying 1, ,125 Management 35,208 2,934 26,406 26,406 Legal 42,000 1,584 72,570 31,500 Legal - Extraordinary/Litigation 5, ,600 3,900 Assessment Roll 6, Auditing Fees 6,850 3,850 6,850 6,850 Arbitrage Rebate Fee 1, ,950 1,950 Travel Per Diam 3, ,250 Insurance 7, ,801 7,200 Legal Advertising 3, ,700 Miscellaneous 1, ,417 1,125 Postage Office Supplies 1, , Dues & Subscriptions Website Management 1, ,125 1,125 Trustee Fees 11, ,081 11,200 Continuing Disclosure Fee 5, ,000 5,000 Property Taxes 1, ,666 1,000 Land Use Planning 15, ,500 Reserve 56, ,500 TOTAL ADMINISTRATIVE EXPENDITURES $ 216,443 $ 8,881 $ 151,940 $ 163,353 MAINTENANCE EXPENDITURES POA Maintenance 144,000 12, , ,000 Roadway Maintenance 150,000 52,038 55,938 57,500 Street Signage 0 0 6,273 0 Capital Outlay - Seawall Repairs ,092 0 TOTAL MAINTENANCE EXPENDITURES $ 294,000 $ 64,038 $ 295,303 $ 165,500 TOTAL EXPENDITURES $ 510,443 $ 72,919 $ 447,243 $ 328,853 EXCESS/(SHORTFALL) $ 1,333,732 $ (59,033) $ 1,291,349 $ 1,265,880 Payment To Trustee (A-1 Bond) (822,593) (10,775) (820,408) (822,593) Payment To Trustee (B-1 Bond) (464,838) 0 (241,693) (241,694) BALANCE $ 46,301 $ (69,808) $ 229,248 $ 201,593 County Appraiser & Tax Collector Fee (15,434) (276) (15,053) (14,860) Discounts for Early Payments (30,867) 0 (25,569) (29,885) NET EXCESS/(SHORTFALL) $ 0 $ (70,084) $ 188,626 $ 156,848 Bank Balance As Of 5/31/18 $ 718, Funds Received: 6/1/18-6/30/18 $ 13, Disbursements: 6/1/18-6/30/18 $ 18, Bank Balance As Of 6/30/18 $ 713, Accounts Payable As Of 6/30/18 $ 78, Accounts Receivable As Of 6/30/18 $ - Reserve For Seawall Repairs As Of 6/30/18 $ 150, Available Funds As Of 6/30/18 $ 485, Page 9

13 South Bay Community Development District Expenditures June 2018 Date Invoice # Vendor Description Amount Expenditures Management Fees 06/30/ Special District Services, Inc. Management fees for June , Total Management Fees 2, Legal Fees 06/30/ Gray Robinson File# General Representation June , Total Legal Fees 1, Audit Fees 06/26/ Carr Riggs & Ingram 3rd progress payment for FY 2016/2017 audit 3, Total Audit Fees 3, Miscellaneous 06/30/ Special District Services, Inc. Document Storage for May /30/ Special District Services, Inc. Conference Calls for May /30/ Special District Services, Inc. Travel for May Total Miscellaneous Postage and Delivery 06/30/ Special District Services, Inc. Fedex for May /30/ Special District Services, Inc. Postage for May Total Postage and Delivery Office Supplies 06/30/ Special District Services, Inc. Copier Charges for May /30/ Special District Services, Inc. Meeting Books Total Office Supplies Website Hosting Fees 06/30/ Special District Services, Inc. Website Hosting fees for June Total Website Hosting Fees Common Area Maintenance 06/01/2018 June 2018 Little Harbor POA (Monthly) Common Area Maintenance June , Total Common Area Maintenance 12, Roadway Maintenance 06/06/ Rose Paving LLC Asphalt Overlay repairs 52, Total Roadway Maintenance 52, Total Expenditures 72, Page 10

14 South Bay Community Development District Balance Sheet As of June 30, 2018 Operating Fund Debt Service Fund (05) Debt Service Fund (15) Capital Projects Fund Gen Fixed Assets Fund Long Term Debt Fund TOTAL ASSETS Current Assets Checking/Savings Seacoast Bank 713, , Total Checking/Savings 713, , Total Current Assets 713, , Other Assets Investments - Construction Fund Investments - Interest Account (A1) Investments - Revenue Account , , Investments - Reserve Account (A) Investments - Reserve Account (B1) Investments - Prepayment Account (A1) , , Investments - Reserve Account (B2) Investments - Interest Account (B1) , , Investments - Interest Account (B2) Investments - Revenue Account (2015-1) , , Investments - Reserve Account (2015-A1) , , Investments - Reserve Account (2015-B1) , , Investments - Revenue Account (2015-2) , , Investments - Reserve Account (2015-A2) ,073, ,073, Investments - Reserve Account (2015-B2) , , Investments - Cost Of Issuance (2015-1) Due From General Fund A/R Non Ad Valorem Receipts A/R Miscellaneous Land ,812, ,812, Infrastructure ,853, ,853, Accumulated Depreciation ,321, ,321, Amount Available In DSF (2005) , , Amount Available In DSF (2015) ,326, ,326, Amount To Be Provided ,971, ,971, Total Other Assets , ,326, ,344, ,315, ,003, TOTAL ASSETS 713, , ,326, ,344, ,315, ,717, Page 11

15 South Bay Community Development District Balance Sheet As of June 30, 2018 Operating Fund Debt Service Fund (05) Debt Service Fund (15) Capital Projects Fund Gen Fixed Assets Fund Long Term Debt Fund TOTAL LIABILITIES & EQUITY Liabilities Current Liabilities Reserve For Seawall Repairs 150, , Due To Bondholders ,755, ,755, Accounts Payable 78, , Total Accounts Payable 228, ,755, ,983, Total Current Liabilities 228, ,755, ,983, Long Term Liabilities Special Assessment Debt (2005) ,755, ,755, Special Assessment Debt (2015A-1) ,035, ,035, Special Assessment Debt (2015B-1) ,070, ,070, Special Assessment Debt (2015A-2) ,280, ,280, Special Assessment Debt (2015B-2) ,175, ,175, Total Long Term Liabilities ,315, ,315, Total Liabilities 228, ,755, ,315, ,298, Equity Investment In General Fixed Assets ,666, ,666, Retained Earnings 296, ,737, ,577, ,321, ,184, Current Year Depreciation Net Income 188, , , Total Equity 485, ,737, ,326, ,344, ,419, TOTAL LIABILITIES & EQUITY 713, , ,326, ,344, ,315, ,717, Page 12

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18 Along 32nd St. add 5 banners on bridge. Need name added to wayfinder. Directional at Seagrape & 32nd, after boat storage entrance, before gate, inside gate for sales center, and at roundabout for models. Signage at backside of Roundabout directing to Models Wayfinder needs updating Page 15

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20 RESOLUTION NO A RESOLUTION OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2018/2019 BUDGET. WHEREAS, the South Bay Community Development District ( District ) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2018/2019 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and, WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non ad-valorem assessments upon the properties within the District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT THAT: Section 1. The Final Budget and Final Special Assessment Roll for Fiscal Year 2018/2019 attached hereto as Exhibit A is approved and adopted, and the assessments set forth therein shall be levied. Section 2. The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution. PASSED, ADOPTED and EFFECTIVE this 3 rd day of August, ATTEST: SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 17

21 South Bay Community Development District Final Budget For Fiscal Year 2018/2019 October 1, September 30, 2019 Page 18

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30 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2018/2019 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary for the South Bay Community Development District ("District") to establish a regular meeting schedule for fiscal year 2018/2019; and WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2018/2019 which is attached hereto and made a part hereof as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT, HILLSBOROUGH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The above recitals are hereby adopted. Section 2. The regular meeting schedule, time and location for meetings for fiscal year 2018/2019 which is attached hereto as Exhibit A is hereby adopted and authorized to be published. PASSED, ADOPTED and EFFECTIVE this 3 rd day of August, ATTEST: SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 27

31 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2018/2019 REGULAR MEETING SCHEDULE NOTICE IS HEREBY GIVEN that the Board of Supervisors of the South Bay Community Development District will hold Regular Meetings in the Conference Room at Harborside Suites located at 536 Bahia Beach Boulevard, Building B, First Floor, Ruskin, Florida 33570, at 1:00 p.m. on the following dates: October 5, 2018 November 2, 2018 December 7, 2018 January 4, 2019 February 1, 2019 March 1, 2019 April 5, 2019 May 3, 2019 June 7, 2019 July 5, 2019 August 2, 2019 September 6, 2019 The purpose of the meetings is to conduct any and all business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District s website or by contacting the District Manager at (561) and/or toll free at prior to the date of the particular meeting. From time to time one or more Supervisors may participate by telephone; therefore a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Meetings may be continued as found necessary to a time and place specified on the record. If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to insure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based. In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at (561) and/or toll-free at at least seven (7) days prior to the date of the particular meeting. Meetings may be cancelled from time to time without advertised notice. SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT PUBLISH: TAMPA BAY TIMES 00/00/2018 Page 28

32 RESOLUTION NO A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, APPROVING THE REVISED FLORIDA STATEWIDE MUTUAL AID AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, the Board of Supervisors of the South Bay Community Development District ( District ) hereby approve an agreement with the State of Florida, Division of Emergency Management, concerning the Statewide Mutual Aid Agreement; and WHEREAS, the Florida Department of Emergency Management requires an independent special district to participate in the Statewide Mutual Aid Agreement to be eligible for funds under Administrative Rule 27P-19, Base Funding for County Emergency Management Agencies and Municipal Competitive Grant and Loan Programs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, THAT: Section 1. The above recitals are hereby adopted. Section 2. That execution of the attached revised Statewide Mutual Aid Agreement is hereby authorized, and the Agreement is hereby approved. PASSED, ADOPTED and EFFECTIVE this 3 rd day of August, ATTEST: SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT, FLORIDA By: Secretary/Assistant Secretary By: Chairperson/Vice Chairperson Page 29

33 STATEWIDE MUTUAL AID AGREEMENT TO BE DISTRIBUTED UNDER SEPARATE COVER Page 30

34 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION EVALUATION CRITERIA 1. Ability of Personnel (10 Points). (E.g., geographic locations of the firm s headquarters or permanent office in relation to the project; capabilities and experience of key personnel; evaluation of existing work load; proposed staffing levels, etc.) 2. Proposer s Experience (10 Points). (E.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other Community Development Districts in other contracts; character, integrity, reputation of Proposer, etc.) 3. Understanding of Scope of Work (10 Points). Extent to which the proposal demonstrates an understanding of the District s needs for the services requested. 4. Ability to Furnish the Required Services (10 Points). Present ability to manage this project and the extent to which the proposal demonstrates the adequacy of Proposer s financial resources and stability as a business entity necessary to complete the services required (E.g. the existence of any natural disaster plan for business operations). 5. Price (10 Points). Points will be awarded based upon the price bid for the rendering of the services and reasonableness of the price to the services. Page 31

35 SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS District Auditing Services for Fiscal Years 2017/2018, 2018/2019 and 2019/2020 With Two Year Option (2020/2021 and 2021/2022) Hillsborough County, Florida SOUTH BAY COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION INSTRUCTIONS TO PROPOSERS SECTION 1. DUE DATE. Sealed proposals must be received no later than September 18, 2018 at 4:00 p.m., at the offices of District Manager, located at 2501A Burns Road, Palm Beach Gardens, Florida SECTION 2. FAMILIARITY WITH THE LAW. By submitting a proposal, the Proposer is affirming its familiarity and understanding with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations. SECTION 3. QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience and licensing to do the work specified herein. The Proposer shall submit with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared to complete the work to the satisfaction of the District. SECTION 4. REJECTION OF PROPOSAL. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization. SECTION 5. SUBMISSION OF PROPOSAL. Submit five (5) copies of the Proposal Documents and one digital copy, and other requested attachments at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the title Auditing Services South Bay Community Development District on the face of it. SECTION 6. MODIFICATION AND WITHDRAWAL. Proposals may be modified or withdrawn by an appropriate document duly executed and delivered to the place where proposals are to be submitted at any time prior to the time and date the proposals are due. After proposals are opened by the District, no proposal may be withdrawn for a period of ninety (90) days. 1 Page 32

36 SECTION 7. PROPOSAL DOCUMENTS. The proposal documents shall consist of the notice announcing the request for proposals, these instructions, the Evaluation Criteria Sheet and a proposal with all required documentation pursuant to Section 12 of these instructions (the Proposal Documents ). SECTION 8. PROPOSAL. In making its proposal, each Proposer represents that it has read and understands the Proposal Documents and that the proposal is made in accordance therewith. SECTION 9. BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to reject any and all proposals, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District. SECTION 10. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, the Proposer shall enter into and execute a Contract (engagement letter) with the District. SECTION 11. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District s limited waiver of liability contained in section , Florida Statutes, or any other statute or law. SECTION 12. MISCELLANEOUS. All proposals shall include the following information in addition to any other requirements of the proposal documents. A. List position or title of all personnel to perform work on the District audit. Include resumes or each person listed; list years of experience in present position for each party listed and years of related experience. B. Describe proposed staffing levels, including resumes with applicable certifications. C. Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person. SECTION 13. PROTESTS. Any protest regarding the Proposal Documents, must be filed in writing, at the offices of the District Manager, within seventy-two (72) hours after receipt of the Request for Proposals and Evaluation Criteria or other contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to the aforesaid Request for Proposals, Evaluation Criteria, or other contract documents. 2 Page 33

37 SECTION 14. EVALUATION OF PROPOSALS. The criteria to be used in the evaluation are presented in the Evaluation Criteria Sheet, contained within the Proposal Documents. SECTION 15. REJECTION OF ALL PROPOSALS. The District reserves the right to reject any and all bids, with or without cause, and to waive technical errors and informalities, as determined to be in the best interests of the District. 3 Page 34